alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Pedek, Respondent, vs. Wegemann and another, Appellants.

*December 5, 1955*

January *10, 1956.*

*463
      *Dougherty, Arnold & Philipp*of Milwaukee, for the appellants.

For the respondent there was a brief and oral argument by *Alvin L. Zelonky*of Milwaukee.

Broadfoot, J.

The defendants first contend that there was no credible evidence in the record from which the jury could affirmatively answer any of the questions in the special verdict as to the causal negligence of Wegemann. In its memorandum decision the trial court reviewed the testimony and exhibits and determined that the record did present questions of fact for determination by the jury. In view of the fact that there must be a new trial of the issues we do not deem it proper to comment upon the testimony but a careful review of the record indicates that the trial court was correct in denying the motion for a directed verdict.

*464In support of their second motion, the defendants contend that, even though the plaintiff was entitled to have the jury pass on questions with respect to Wegemann’s negligence, the negligence of the plaintiff as a matter of law was equal to or greater than that of the defendant. In its memorandum decision the trial court indicated that in its opinion the plaintiff was causally negligent with respect to the speed at which he operated his motorcycle; that although he was operating an emergency vehicle he did not come under the exceptions to the speed restrictions as provided in sec. 85.40 (5), Stats., for the reason that his siren was not in operation prior to the collision. The trial court further indicated that the other issues presented jury questions and that if both plaintiff and Wegemann were found to be causally, negligent by the jury, the comparison and apportionment thereof was a matter for determination by the jury. We agree.

Following the direction of the mistrial, the court impounded the special verdict and it is not part of the record. We have no way of knowing what findings may be made by a jury when the case is tried. The record presented issues of fact to be determined by the jury and this court cannot determine from the record that the causal negligence of the parties was equal or that the causal negligence of the plaintiff exceeded that of Wegemann as a matter of law.

*By the Court.*— Order affirmed.
[LOGO]  Kronick                                    Officers/Shareholders
        Kalada                                     Donald M. Kronick, CPA
        Berdy & Co.                                Joseph J. Kalada, CPA
        A Professional Corporation                 Paul Berdy, CPA
                                                   William R. Lazor, CPA/PFS
Certified Public Accountants                       Deborah A. Eastwood, CPA
                                                   Kevin R. Foley, CPA
                                                   William Fromel, CPA
                                                   Mario Ercolani, CPA



                  CONSENT OF REPORT OF INDEPENDENT REGISTERED
                             PUBLIC ACCOUNTING FIRM



As  independent  registered  public  accounting  firm, we hereby  consent to the
incorporation  by  reference in  Registration  Statement  File No.  333-80441 of
Farnsworth  Bancorp,  Inc.  and  Subsidiaries  on Form S-8 of our  report  dated
December  8, 2005  incorporated  by  reference  in the 10-KSB for the year ended
September 30, 2005.



Kronick Kalada Berdy & Co.                      /s/Kronick Kalada Berdy & Co.
Kingston, Pennsylvania
December 23, 2005



   REPLY TO: 190 Lathrop Street o Kingston, PA 18704 o (570) 283-1670 Telefax
--------------------------------------------------------------------------------
                101 West Broad Street                   24 N. Seventh Street
                Hazleton, PA 18201                      Stroudsburg, PA 18360
                  (570) 459-1373                            (570) 420-9500
EX-10.9(b)



 EXHIBIT 10.9(b) 

August 8, 2014 
 Morgan Stanley Smith Barney LLC 

522 Fifth Avenue, 13th Floor 
 New York, New York 10036 

 

	Re:	Ceres Managed Futures LLC: Amended Schedules 1 and 2 to the Alternative 


	    	Investment Selling Agent Agreement 

 Ladies and Gentlemen: 

Pursuant to paragraph 13(c) of the Alternative Investment Selling Agent Agreement dated November 12, 2013, as amended on March 1,
2014; April 7, 2014 and as further amended from time to time (the “Agreement”), between, among others, Ceres Managed Futures LLC (“CMF”), the general partner of each of the limited partnerships listed on Schedule
1 thereto (each, a “Partnership,” and together, the “Partnerships”), and Morgan Stanley Smith Barney LLC (“MSSB”), CMF is hereby confirming that Schedules 1 and 2 to the Agreement are hereby deleted in
their entirety and replaced with Schedules 1 and 2 attached hereto effective as of October 1, 2014. 
 Notwithstanding anything
to the contrary in the Agreement, by signing below MSSB hereby agrees to, acknowledges and accepts the amendment of the Agreement, effective as of October 1, 2014. 







 If the foregoing is in accordance with your understanding of our discussions, kindly sign and
return to us a counterpart hereof (by mail, facsimile or email) as soon as possible. 
  

					
	Sincerely,
		
		 	CERES MANAGED FUTURES LLC
			
		 	By:	 	 /s/ Alper Daglioglu

		 		 	Alper Daglioglu
		 		 	President and Director
		
		 	EACH PARTNERSHIP LISTED ON SCHEDULE 1 HERETO
		
		 	By: Ceres Managed Futures LLC, the general partner of each Partnership
			
		 	By:	 	 /s/ Alper Daglioglu

		 		 	Alper Daglioglu
		 		 	President and Director


  

			
	Confirmed, accepted and agreed to:
	
	MORGAN STANLEY SMITH BARNEY LLC
		
	By:	 	 /s/ Jeremy Beal

	Name:	 	Jeremy Beal
	Title:	 	Executive Director


  
 Page 2 








 SCHEDULE 1 

 

					
	 PARTNERSHIP
	  	 STATE AND DATE OF

ORGANIZATION
	  	 EFFECTIVE DATE

	Global Diversified Futures Fund L.P.	  	New York; June 15, 1998	  	October 1, 2013


  
 Page 3 








 SCHEDULE 2 

 

			
	 PARTNERSHIP
	 	 ONGOING SELLING AGENT FEE

	Global Diversified Futures Fund L.P.	 	2.00% per year of the adjusted net assets of the Partnership (computed monthly by multiplying the adjusted net assets of the Partnership by 2.00% and dividing the result thereof by
12)1

  

	1 	Adjusted net assets are month-end Net Assets increased by the current month’s management fee, ongoing selling agent fee, incentive fee accrual and other expenses and any redemptions or distributions as of the end
of such month. 


  
 Page 4
# L_2012027EN.01000501.xml

| 31.1.2012 | EN | Official Journal of the European Union | L 27/5 |
| --- | --- | --- | --- |

31.1.2012

EN

Official Journal of the European Union

L 27/5

---

COMMISSION IMPLEMENTING REGULATION (EU) No 76/2012

of 30 January 2012

entering a name in the register of protected designations of origin and protected geographical indications [Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken / Holsteiner Knochenschinken (PGI)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany's application to register the name ‧Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken/ Holsteiner Knochenschinken‧ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany's application to register the name ‧Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken/ Holsteiner Knochenschinken‧ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 January 2012.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 109, 8.4.2011, p. 6.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

GERMANY

Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken / Holsteiner Knochenschinken (PGI)

---
EXHIBIT
32.1





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


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 Quarterly Report on Form 10-Q for the fiscal quarter ended
June 30, 2010 of Vitacost.com, Inc. (the “Company”) as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Ira P. Kerker,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
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 results of operations of the Company.




/s/ Ira P. KerkerIra
      P. KerkerChief
      Executive OfficerDate:
      August 16, 2010
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6685

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TIBEL CLARK, a/k/a Felix Johnson,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. 

C. Weston Houck, Senior District Judge. (4:01-cr-00056-CWH-2; 4:16-cv-02164-CWH; 

4:16-cv-02442-CWH)

Submitted: March 29, 2018 Decided: April 2, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tibel Clark, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States 

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Florence, South Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Tibel Clark seeks to appeal the district court’s order dismissing as untimely his 28 

U.S.C. § 2255 (2012) motions. The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of 

appealability will not issue absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, 

a prisoner satisfies this standard by demonstrating that reasonable jurists would find that 

the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. 

McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is debatable, and that the motion 

states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Clark has not made 

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 

appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         October 18, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 453 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-53, K2025-52.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-24054 Filed 10-17-24; 8:45 am]

BILLING CODE 7710-12-P
**WELLS****FARGO**US Bank N.A. 190  South  LaSalle Street 7th  Floor Mail Code: MK-IL-SL7R Chicago, Illinois 60603 **CMBS  Department****MACN9401-011****1055  10th  Avenue  SE****Minneapolis, MN 55414**RE: Annual Statement of Compliance for Morgan Stanley Capital I Inc. Commercial Mortgage Pass-Through Certificates  Series  2012-C5 Per the  Pooling and Servicing Agreement  dated  as of July 1, 2012 (the "Agreement"), the  undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Custodian ("Wells Fargo"), hereby  certifies as follows as of and for the year ending  December 31, 2014 (the  "Reporting Period"): (a) A review of Wells Fargo's  activities  during  the Reporting  Period  and  of its performance under  the Agreement  has been  made  under  such  officer's supervision; and (b) To the best of such  officer's knowledge, based  on such review, Wells Fargo has fulfilled all of its obligations  under  the Agreement  in all material respects  throughout the  Reporting  Period. February 18, 2015 /s/ Gail Vannest Gail Vannest Vice President
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 3004

 To amend the Internal Revenue Code of 1986 to provide tax relief for 
 the conversion of cooperative housing corporations into condominiums.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2000

  Mr. Inouye introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to provide tax relief for 
 the conversion of cooperative housing corporations into condominiums.

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

SECTION 1. NONRECOGNITION OF GAIN OR LOSS ON DISTRIBUTIONS BY 
              COOPERATIVE HOUSING CORPORATIONS.

    (a) In General.--Section 216(e) of the Internal Revenue Code of 
1986 (relating to distributions by cooperative housing corporations) is 
amended to read as follows:
    ``(e) Distributions by Cooperative Housing Corporations.--
            ``(1) In general.--Except as provided in regulations--
                    ``(A) no gain or loss shall be recognized to a 
                cooperative housing corporation on the distribution by 
                such corporation of a dwelling unit to a stockholder in 
                such corporation if such distribution is in exchange 
                for the stockholder's stock in such corporation, and
                    ``(B) no gain or loss shall be recognized to a 
                stockholder of such corporation on the transfer of such 
                stockholder's stock in an exchange described in 
                subparagraph (A).
            ``(2) Basis.--The basis of a dwelling unit acquired in a 
        distribution to which paragraph (1) applies shall be the same 
        as the basis of the stock in the cooperative housing 
        corporation for which it is exchanged, decreased in the amount 
        of any money received by the taxpayer in such exchange.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions after the date of the enactment of this Act.
                                 <all>
```
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-2987

_____________________________

ANJUAN LETERRY JACKSON,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Belated Appeal—Original Jurisdiction.

June 7, 2024

PER CURIAM.

DISMISSED.

B.L. THOMAS, RAY, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Anjuan Leterry Jackson, pro se, Petitioner.
2

Ashley Moody, Attorney General, Tallahassee, for Respondent.
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Page 82630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23625]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--R Consortium, Inc.

    Notice is hereby given that, on September 23, 2024, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), R Consortium, Inc. (``R 
Consortium'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, Novartis, Hanover, NJ, has been added as a party to this 
venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and R Consortium intends to file 
additional written notifications disclosing all changes in membership.
    On September 15, 2015, R Consortium filed its original notification 
pursuant to section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to section 6(b) of 
the Act on October 2, 2015 (80 FR 59815).
    The last notification was filed with the Department on April 22, 
2024. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on June 21, 2024 (89 FR 52090).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2024-23625 Filed 10-10-24; 8:45 am]
BILLING CODE P
null

2007-10-03

165.01926

eng - Argued: 2007-10-03. Docket number: 2006-1393Pt2
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for RBS Commercial Funding Inc., Commercial Mortgage Pass-ThroughCertificates, Series 2012-C9

 

Per the Pooling and ServicingAgreement dated as of October 1, 2012 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

1. A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

2. To the best of such officer'sknowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

  

/s/ Brian Smith

BRIAN SMITH

Vice President

 

  

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|