alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 14

- 00354

- CV

Luz CHAVEZ , Individually, as Representative of the Estates of Rudolph Chavez Sr., Deceased, and Rudolph Chavez Jr., Deceased, and as Next Friend of Joel Chavez, a Minor; Darlene Chavez; Allen Chavez; Francisco Chavez; and Celia Chavez, Appellants

v.

KANSAS CITY SOUTHERN RAILWAY COMPANY and Jose Juarez, Appellees

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2007

- CVE

- 000347

- D4

Honorable Oscar J. Hale Jr., Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE BARNARD , AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the trial court’s judgment is

AFFIRMED.

It is ordered that appellees Kansas City Southern Railway Company and Jose Juarez recover their costs of this appeal from appellants Luz Chavez , Individually, as Representative of the Estates of Rudolph Chavez Sr., Deceased, and Rudolph Chavez Jr., Decease d, and as Next Friend of Joel Chavez, a Minor; Darlene Chavez; Allen Chavez; Francisco Chavez; and Celia

Chavez.

SIGNED June 17, 2015.

_____________________________ Marialyn Barnard, Justice
#### ADAM v. SAENGER et al.

No. 2988.

Court of Civil Appeals of Texas. Beaumont.

July 5, 1938.

Rehearing Denied Sept. 20, 1938.

Pacht, Turnbull, Pelton & Warne, of Los Angeles, Cal., and L. Maston Meagher and Howth, Adams & Hart, all of Beaumont, for appellant.

C. A. Lord and Geo. E. Holland, both of Beaumont, for appellees.

PER CURIAM.

By our opinion, Adam v. Saenger, Tex.Civ.App., 101 S.W.2d 1046, we affirmed the judgment of the trial court sustaining the general demurrer to appellant’s petition and dismissing the cause; see opinion for náture of the suit. On the ground that it was without jurisdiction, our Supreme -Court dismissed appellant’s petition for writ of error. On writ 'of cer-tiorari, the Supreme Court of the United States reversed our judgment, and remanded the cause to this court for further proceedings not inconsistent with its opinion, reported, Estaban Adam, Petitioner, v. William Saenger et al., 303 U.S. 59, 58 S.Ct. 454, 82 L.Ed. 649.

The case is now before us on appellant’s motion to remand to the trial court. It is our opinion that the motion should be granted. Appellees have filed a contest to the motion, suggesting that the general demurrer was good on grounds not discussed by us in our former opinion; but, as we understand the record, all points made by appellees were necessarily before the Supreme Court of the United States, and ruled against them before the court could reach the point decided in its opinion.

We make no further, statement of the nature of the cause for the reason that all points made by appellees are propositions of law available to them on the face of the record, and require no supporting statement by us.

Appellees will be allowed the usual 'fifteen days to file their motion for rehearing against this order, as a basis for their appeal to the Supreme Court.

The judgment of the lower court is reversed and the cause remanded for further proceedings not inconsistent with the opinion of the Supreme Court of the United States and with this opinion.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 16

- 4775

_____________________________
W ALTER M ICHAEL T HOMAS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Cour t for Escambia County

. John L. Miller , Judge

. December 11, 2018

P ER C URIAM

.
A FFIRMED

.
B ILBREY , W INOKUR , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee
, for Appellee.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 12529; No. 2024-05]

                    Pursuant to the authority vested in the Secretary of State under the Foreign Missions Act, 22 U.S.C. 4301,                     *et seq.*                     (“the Act”), and delegated pursuant to Department of State Delegation of Authority No. 214, dated September 20, 1994, I hereby determine that the representative offices and operations in the United States of RT (formerly “Russia Today”), including their real property and personnel, are a foreign mission within the meaning of 22 U.S.C. 4302(a)(3).                

Furthermore, I hereby determine it to be reasonably necessary to protect the interests of the United States to require the representative offices and operations in the United States of RT and its agents or employees acting on its behalf, to comply with the terms and conditions specified by the Department of State's Office of Foreign Missions relating to the above-named entity's activities in the United States.

Rebecca E. Gonzales,

Director, Office of Foreign Missions, Department of State.

[FR Doc. 2024-20516 Filed 9-10-24; 8:45 am]

BILLING CODE 4711-11-P
exv10w10






Exhibit 10.10




TRADE SERVICES DIVISION, NORTHERN CALIFORNIA

ONE FRONT STREET, 21ST FLOOR

SAN FRANCISCO, CALIFORNIA 94111

Contact Phone: 1(800) 798-2815

Email : sftrade@wellsfargo.com




IRREVOCABLE LETTER OF CREDIT




	 	 	 
	U.S. Bank National Association

800 Nicollet Mall

Minneapolis, MN 55402

	 	Date: October 31, 2008
 

Letter
of Credit No. NOS630878





Ladies and Gentlemen:




     At the request and for the account of TRM ATM Corporation, 1101 Kings Highway, Suite G100,
Cherry Hill, NJ 08034, we hereby establish our irrevocable Letter of Credit in your favor in the
amount of Two Million and 00/100 United States Dollars (U.S. $2,000,000.00) available with us by
sight payment of your signed and dated demand(s) or SWIFT demand(s) containing the wording
specified below (with instructions in brackets therein complied with):




“We, U.S. Bank National Association hereby demand USD[Insert Amount of Drawing]
under Wells Fargo Bank, N. A. Letter of Credit No. NOS630878, which amount is due to U.S.
Bank National Association pursuant to and in connection with the obligations of TRM ATM
Corporation to U.S. Bank National Association.”



     This Letter of Credit expires at our above office on October 31, 2009, but shall be
automatically extended, without written amendment, to October 31 in each succeeding calendar year
unless we have sent written notice to you at your address above by registered mail or express
courier that we elect not to extend the expiration date of this Letter of Credit beyond the date
specified in such notice, which date will be October 31, 2009 or any subsequent October 31 and be
at least thirty (30) calendar days after the date we send you such notice. Upon our sending you
such notice of the non-extension of the expiration date of this Letter of Credit, you may also draw
under this Letter of Credit by presentation to us at our above address, on or before the expiration
date specified in such notice, of your signed and dated demand or swift demand worded as above.



     Partial and multiple drawings are permitted under this Letter of Credit.



     This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits
(2007 Revision), International Chamber of Commerce Publication No. 600 (the “UCP”).



     We hereby engage with you that each demand presented to us in compliance with the terms and
provisions of this Letter of Credit will be duly honored by payment to you.



	 	 	 	 	 
	 	Very truly yours



WELLS FARGO BANK, N.A.

 	 
	 	BY:  	/s/ Eisa Chau
 	 
	 	 	(AUTHORIZED SIGNATURE)
Amendment to TJ Chemical Holdings LLC 2004 Option Plan



 EXHIBIT 10.1 
 On August 18, 2008, with retroactive effect to June 1, 2008, the Compensation Committee, pursuant to Section 4.12(c) of the TJ Chemical Holdings LLC 2004 Option Plan (the “Plan”),
amended Section 4 of the Plan to provide that the aggregate number of Options (as defined in the Plan) plus profits units which may be granted pursuant to the terms of the Plan be increased to 23,740,802.
[No. 35514.

Department Two.

February 9, 1961.]

#### Ruth Iola Hoffman, *Appellant,*v. Franklin A. Hoffman, *Respondent.**1*

*Bell, McNeil & Bowles,*for appellant.

*Corbett, Siderius & Lonergan,*for respondent.

1

’Reported in 359 P. (2d) 153.

Rosellini, J.

— This action was brought by the appellant, asking for a decree of separate maintenance and alleging cruelties inflicted upon her by her husband prior to his commitment to an institution for the insane. There was no allegation that he had failed or refused to support her; and it appears from affidavits in the record that a guardian had been appointed to manage her husband’s estate and that she was given possession of the family home and personalty and was provided support. The court entered a summary judgment dismissing the action for the reason that a wife does not have a cause of action for separate maintenance against her adjudicated incompetent husband.

The argument of the appellant is confined to a contention that she can maintain an action for separate maintenance, even though her husband is presently insane, if before he became insane, he committed acts which made it impossible for the parties to live together. We find it unnecessary to discuss this contention, however, since the complaint does not state facts entitling the appellant to maintain the action.

*685A decree of separate maintenance is proper only where the parties are separated, and are separated because of the husband’s conduct and where, in addition, he refuses to support the wife. *Manzer v. Manzer,*54 Wn. (2d) 662, 344 P. (2d) 212; *Roberts v. Roberts,*51 Wn. (2d) 499, 319 P. (2d) 545. Since the complaint in this action is devoid of any allegation that the respondent refused or failed to support the appellant, the demurrer was properly sustained.

It is evident that this action was brought for one purpose, and that was to gain control of the community property. The appellant’s remedy lies in the probate court. This court has laid down the rule that, upon the mental incompetency of the husband, the wife should be appointed guardian of the community property owned by them, unless she is incompetent to handle it. *In re Wood,*110 Wash. 630, 188 Pac. 787. As we said in that case, those close to the incompetent by ties of marriage or blood have always been favored by the courts as suitable and proper guardians in such cases.

The judgment is affirmed.

Finley, C. J., Hill, Foster, and Hunter, JJ., concur.
EX-10.3 AMENDMENT NO. 1 TO 2001 INCENTIVE STOCK






EXHIBIT 10.3




AMENDMENT NO. 1 TO




SOUTHERN COMMUNITY BANCSHARES, INC.

2001 INCENTIVE STOCK OPTION PLAN FOR KEY EMPLOYEES




     This Amendment No. 1 to the Southern Community Bancshares, Inc. 2001 Incentive Stock Option
Plan for Key Employees is made effective as of the 14th day of August, 2008.



W I T N E S S E T H:




     WHEREAS, Southern Community Bancshares, Inc. (the “Company”) has adopted a 2001 Incentive
Stock Option Plan for Key Employees (the “Plan”) which, adjusted for stock splits, authorizes
46,519 shares of the Company’s common stock to be issued upon the exercise of options granted under
the Plan;



     WHEREAS, the Board of Directors of the Company has authorized this Amendment No. 1 to the Plan
to increase the number of shares authorized and reserved for issuance under the Plan by 133,333 to
179,852 and directed that the amendment be presented to the Company’s shareholders for ratification
at the next annual shareholders’ meeting;



     NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:




	 	(1)	 	Section 3 of the Plan is hereby deleted and replaced with a new Section 3 which
reads as follows:





“3.   SHARES SUBJECT TO THE PLAN





	 	 	 	Subject to adjustments pursuant to the provisions of Section 14, there shall be
authorized and reserved for issuance upon the exercise of Options to be granted
under the Plan, One Hundred Seventy Nine Thousand Eight Hundred and Fifty Two
(179,852) shares of Common Stock.”





          As herein amended, the Plan continues in full force and effect.




1
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Cephalon, Inc. (the "Company") on Form 10-K for the year ended
December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank Baldino, Jr., Chairman and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, based on my knowledge, that:

(1)   The
Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)   The
information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

|                                                                                      |  | 
|------------------------------------------------------------------------------------- |  | 
|/s/ FRANK BALDINO, JR. Frank Baldino, Jr., Ph.D. Chairman and Chief Executive Officer |  | 

February 23,
2009

---



QuickLinks
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

WADE HAMPTON TURNER, III, )

)

Appellant, )

)

v. ) Case No. 2D19-2266

)

STATE OF FLORIDA, )

)

Appellee. )

 )

Opinion filed September 30, 2020. 

Appeal from the Circuit Court for Collier 

County; Ramiro Mañalich, Judge.

Howard L. Dimmig, II, Public Defender, 

and Kimberly Nolen Hopkins, Special 

Assistant Public Defender, Bartow, for 

Appellant.

Ashley Moody, Attorney General, 

Tallahassee, and Helene S. Parnes, 

Senior Assistant Attorney General, Tampa, 

for Appellee.

PER CURIAM.

Affirmed. 

NORTHCUTT, BLACK, and SLEET, JJ., Concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ADVANCE PARADIGM INC. FORM 10-Q FOR THE QUARTERLY PERIOD ENDED DECEMBER
31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          39,313
<SECURITIES>                                         0
<RECEIVABLES>                                   38,584
<ALLOWANCES>                                       136
<INVENTORY>                                      1,970
<CURRENT-ASSETS>                                80,229
<PP&E>                                           8,239
<DEPRECIATION>                                   2,923
<TOTAL-ASSETS>                                  98,520
<CURRENT-LIABILITIES>                           56,529
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            78
<OTHER-SE>                                      41,573
<TOTAL-LIABILITY-AND-EQUITY>                    98,520
<SALES>                                              0
<TOTAL-REVENUES>                               177,854
<CGS>                                                0
<TOTAL-COSTS>                                  170,180
<OTHER-EXPENSES>                                 5,386
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (614)
<INCOME-PRETAX>                                  2,902
<INCOME-TAX>                                       849
<INCOME-CONTINUING>                              2,053
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,053
<EPS-PRIMARY>                                      .29
<EPS-DILUTED>                                      .29
        

</TABLE>
**EXHIBIT32.1**

**CERTIFICATION OFCHIEF EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I,Irwin Lerner, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the AnnualReport of Medarex, Inc. on Form 10-K for the year ended December 31,2006 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in suchAnnual Report of Medarex, Inc. on Form 10-K fairly presents inall material respects the financial condition and results of operations ofMedarex, Inc.
| Date: February 28, 2007 | By:        | /s/ IRWIN LERNER                                     |
|------------------------------|------------|------------------------------------------------------|
|                         | **Name:**  | **Irwin  Lerner**                                    |
|                         | **Title:** | ***Interim  President and Chief Executive Officer*** |

 

Signed originals of these written statements requiredby Section 906, or other documents authenticating, acknowledging orotherwise adopting the signatures that appear in typed form within theelectronic version of these written statements required by Section 906,have been provided to Medarex, Inc. and will be retained by Medarex, Inc.and furnished to the Securities and Exchange Commission or its staff uponrequest.

This Certification is being furnished pursuant to Rule 15(d) andshall not be deemed “filed” for purposes of Section 18 of the Exchange Act(15 U.S.C. 78r), or otherwise subject to the liability of that section. ThisCertification shall not be deemed to be incorporated by reference into anyfiling under the Securities Act or the Exchange Act, except to the extent thatMedarex, Inc. specifically incorporates it by reference.

----
II 

Calendar No. 30 

115TH CONGRESS 

1ST SESSION S. 254 

[Report No. 115–23] 

To amend the Native American Programs Act of 1974 to provide flexibility 

and reauthorization to ensure the survival and continuing vitality of 

Native American languages. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2017 

Mr. UDALL (for himself, Ms. MURKOWSKI, Ms. HEITKAMP, Mr. TESTER, Mr. 

FRANKEN, Mr. HEINRICH, Mr. SCHATZ, and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

APRIL 4, 2017 

Reported by Mr. HOEVEN, without amendment 

A BILL 

To amend the Native American Programs Act of 1974 to 

provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


lotter on DSK5VPTVN1PROD with BILLS
2 

•S 254 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Esther Martinez Na3 tive American Languages Preservation Act’’. 

4 SEC. 2. NATIVE AMERICAN LANGUAGES GRANT PROGRAM. 

5 Section 803C of the Native American Programs Act 

6 of 1974 (42 U.S.C. 2991b–3) is amended— 

7 (1) in subsection (b)(7)— 

8 (A) in subparagraph (A)(i), by striking 

9 ‘‘10’’ and inserting ‘‘5’’; and 

10 (B) in subparagraph (B)(i), by striking 

11 ‘‘15’’ and inserting ‘‘10’’; and 

12 (2) in subsection (e)(2)— 

13 (A) by striking ‘‘or 3-year basis’’ and in14 serting ‘‘3-year, 4-year, or 5-year basis’’; and 

15 (B) by inserting ‘‘, 4-year, or 5-year’’ after 

16 ‘‘on a 3-year’’. 

17 SEC. 3. REAUTHORIZATION OF NATIVE AMERICAN LAN18 GUAGES PROGRAM. 

19 (a) IN GENERAL.—Section 816(e) of the Native 

20 American Programs Act of 1974 (42 U.S.C. 2992d(e)) is 

21 amended by striking ‘‘2008, 2009, 2010, 2011, and 2012’’ 

22 and inserting ‘‘2018 through 2022’’. 

23 (b) TECHNICAL CORRECTION.—Section 816 of the 

24 Native American Programs Act of 1974 (42 U.S.C. 

25 2992d) is amended in subsections (a) and (b) by striking 


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3 

•S 254 RS

1 ‘‘subsection (e)’’ each place it appears and inserting ‘‘sub2 section (d)’’. 


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Calendar No. 30 

115TH CONGRESS 

1ST SESSION S. 254 

[Report No. 115–23] 

A BILL 

To amend the Native American Programs Act of 

tive American languages. ensure the survival and continuing vitality of Na1974 to provide flexibility and reauthorization to 

APRIL 4, 2017 

Reported without amendment 


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