alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hartung, Appellant, vs. Hartung, Respondent.

*April 5*

April *26, 1910.*

*Appeal: Divorce: Suit money: Temporary alimony.*

*A*motion for suit money and temporary alimony pending an appeal in a divorce action is denied because, no bill of exceptions having yet been returned, the court is unable to say whether there are merits in the appeal.

Appeals from a judgment and an order of the circuit court for Milwaukee county: W. 3". TubNee, Circuit Judge.

*Andrew Gilbertson,*for the appellant.

*L. G. Wheeler,*for the respondent.

Pee CuRiam.

The plaintiff brought action for divorce against the defendant, and the same was tried, resulting in a judgment of dismissal upon the merits. Before the judgment was entered she brought another action, alleging some additional alleged cruel treatment occurring after the trial of the first action, and upon affidavits moved for temporary alimony and suit money in the second action, which motion was denied. She has appealed from the judgment in the 'first action, and from the order denying suit money and alimony in the second action, and moves this court for suit money and alimony upon each appeal.

*531Both motions must be denied. Upon, tbe appeal from tbe judgment in tbe first action no bill of exceptions is yet returned, and we are unable to say whether there are merits in tbe appeal; hence no order will be made. *Hermann v. Hermann,*ante, p. 529, 126 N. W. 3.

Examination of tbe affidavits filed upon the appeal from tbe order in tbe second action satisfies us that 'the court properly refused to mate tbe allowance applied for. Both motions will be denied without prejudice to tbe right to renew tbe motion in tbe first action when the bill of exceptions shall be returned.

It is so ordered.
<PAGE>
                                                                   Exhibit 12(a)



                              XEROX CREDIT CORPORATION
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                   (In Millions)

                           Three Months Ended
                                March 31,        Year Ended December 31,
                             2002     2001*      2001  2000* 1999  1998
                                    Restated
                                     Note 2

Income before income taxes  $ 49     $ 47        $ 91  $137  $180  $137
                            ----     ----        ----  ----  ----  ----
Fixed Charges:
   Interest expense

     Xerox debt                -       13           -    13    32    23
     Other debt               34       63         298   279   211   217
                            ----     ----        ----  ----  ----  ----
       Total fixed charges    34       76         298   292   243   240
                            ----     ----        ----  ----  ----  ----
Earnings available for
  fixed charges             $ 83     $123        $389  $429  $423  $377
                            ====     ====        ====  ====  ====  ====
Ratio of earnings to
  fixed charges (1)         2.44     1.62        1.31  1.47  1.74  1.57


(1)  The ratio of earnings to fixed charges has been computed by dividing total
     earnings available for fixed charges by total fixed charges.

* As restated, see Note 2.
·, 

I . 

\ . 

\ . \ . __..:- . 

'\ .,.-_...,.,-=;-.. =REF. ID:A69977 

•• •• 

Dr. ~nctor J.. ~apport 

Desn, polic]e ot Liberal Art3 

't:qno I!niverait1 

Detroit l, Michizan 

vear Dean 11!.pport: 

424 No. George Mason Dr. 

Arline:t"on, Va. 

20 June 1950 

• 

1ou can ir.ia.gine ray e~barras11Dent when I must admit to . you t:u1t the material which you so kincly aent me on January 

13, 1950, has bee~ in my off ice, unbeknownst to me, all this 

tir.le. In an unfortun~te series of ci~cumstancea, begin..~ing 

'&it!i. the ori:;ina.l receipt o£ i ·rof essor Jo::?se.i.son 's material 

b;y o·ne of my. associates on a day on which I happened to be · 

absent, followed by ~ period of several months during which 

I was ~ot at lll7 eesk, the contusion was further abetted b7 

my associate going aWS¥ on maneuvers, and w~en I wrote 'you f1J.1 

letter of Jl .. :ay this ea!l!e associate· was on leave ... so you 

see what a disconcerting picture resulted. 

As soon.as possi~le l wil~ writo you in some eetail . reaarding m7_1~pressions concerni!l.l tbs project as sell as 

in rega':rd to a possible visit. 

Apolo~ieing a3a1n for the e~barrassing situation caused · . by the va3aries or chance, and hoping t~is finds YO'~ in the 

oest of health, I aa · 

~incerely yours, 

'IILLIAW: F. FRIEDIUJf 

@'pproved for Release by NSA on 04-02-2014 pursuantto E.O. 1352a· . - - ' 

..... 
REF ~D:A6997 •• 

··Dr. Victor A. Rapport 

Dean, College ot L~beral Arts 

1.ft¥ne University · Detroit l, 11ch18an 

Dear ~ean Rapport: 

424 No. ~eorge ·11aaon'Drive 

ArlinQton, Virginia 

31 •:q ·1950 

Sometime last December.yoll: were good e~ough_to write· 

me concerning the Russian word count which is belng made 

at Ws,ne University a~d indi~ated that I would receive .. .. 

l"'rot·. Josoalson.-a detailed description ot method a!ld claas1-

ficatio:n of data. l am." ~nderi!lg whether this description . . 

has been completed. and. if a copy is available. 

Thanking you in advance, I .am 

~incere~ yours, 

1' ILLIAN P. FRIEDMAN 

.· 

''
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 23, 2015.

A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

*1. Merchants Financial Group, Inc.,*                     Employee Stock Ownership Plan, Winona, Minnesota; to retain voting shares of Merchants Financial Group, Inc., Winona, Minnesota, and thereby indirectly acquire voting shares of Merchants Bank, National Association, Winona, Minnesota.                

B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

                    1.                     *Justine Hurry,*                     Glenbrook, Nevada; to acquire control of Premier Bank, Denver, Colorado.                

Board of Governors of the Federal Reserve System, March 2, 2015.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2015-05182 Filed 3-5-15; 8:45 am]

 BILLING CODE 6210-01-P
<PAGE>

                                                                     EXHIBIT 5.1

                                                  November 1, 1999

MotherNature.com, Inc.
One Concord Farms
490 Virginia Road
Concord, MA 01742

     RE:  Registration Statement on Form S-1
          (File No. 333-85139)
          --------------------

Ladies and Gentlemen:

     This opinion relates to an aggregate of 4,715,000 shares of common stock,
par value $.01 per share ("Common Stock"), of MotherNature.com, Inc. (the
"Company"), which are the subject matter of a Registration Statement on Form S-1
as filed with the Securities and Exchange Commission (the "Commission") on
August 13, 1999, as amended (the "Registration Statement").

     The 4,715,000 shares of Common Stock covered by the Registration Statement
consist of 4,100,000 shares being sold by the Company and 615,000 shares subject
to an over-allotment option granted by the Company to the underwriters (the
"Underwriters") named in the prospectus (the "Prospectus") incorporated by
reference in the Registration Statement.

     Based upon such investigation as we have deemed necessary, we are of the
opinion that when the 4,715,000 shares of Common Stock to be sold by the Company
pursuant to the Prospectus have been issued and paid for in accordance with the
terms described in the Prospectus, such shares of Common Stock will have been
validly issued and will be fully paid and nonassessable.

     We hereby consent to the filing of this opinion as Exhibit 5.1 to the
Registration Statement and to the reference to our firm in the Prospectus under
the caption "Legal Matters."

                                            Very truly yours,

                                            /s/ Testa, Hurwitz & Thibeault, LLP
                                            TESTA, HURWITZ & THIBEAULT, LLP
<PAGE>
 
                                  EXHIBIT 11

                            TALK VISUAL CORPORATION

                        COMPUTATION OF WEIGHTED AVERAGE
                        COMMON STOCK SHARES OUTSTANDING

COMPUTATION OF WEIGHTED AVERAGE COMMON STOCK SHARES OUTSTANDING:
<TABLE>
<CAPTION>
 
                                                   Total Number  Three Months Ended
                                                    Of Shares      March 31, 1999
                                                   ------------  ------------------
<S>                                                <C>           <C>
 
Outstanding shares as of January 1, 1999              1,393,418           1,393,418
 
Issue of 2,040,816 shares as part of private
     placement 09/22/99 on 01/12/99                   1,122,449             972,789
 
Issue of common shares in private placements
     12/31 on 01/14/99                                  200,000             168,889
 
Issue of common shares for services on 01/19/99         175,000             138,056
 
Issue of common shares for investment on  12/18
     on 01/19/99                                         52,051              41,062
 
Issue of common shares for services on 01/25/99         790,000             570,556
 
Issue of common shares for services on 02/01/99          45,000              29,000
 
Issue of common shares in exchange for debt on
     12/31 on 03/05/99                                   27,500               7,944
 
Issue of common shares for services on 03/16/99           1,128                 188
 
Issue of 2,040,816 shares as part of private
     Placement 09/22/99 on 03/18/99                     918,367             132,653
                                                      ---------           ---------

Total Weighted Average Shares Outstanding             4,724,913           3,454,555
                                                      =========           =========
Net Loss                                                                $(1,617,993)

Net Loss per common share (1)                                                $(0.47)
</TABLE>



(1)  The effect of common stock options and warrants are excluded from diluted
     earnings per share as their inclusion would be anti-dilutive for the
     three month period ending March  31, 1999

                                       1
EXHIBIT 11.1

BAIRNCO CORPORATION AND SUBSIDIARIES

CALCULATION OF BASIC AND DILUTED EARNINGS (LOSS) PER SHARE

FOR THE QUARTERS ENDED SEPTEMBER 29, 2001 AND SEPTEMBER 30, 2000

(Unaudited)

			 
2001
2000
BASIC EARNINGS (LOSS) PER COMMON SHARE:     
Net income (loss)
$ (3,311,000)
$  1,973,000
Average common shares outstanding
7,328,000  
7,513,000
Basic Earnings (Loss) per Common Share
$          (0.45)
$           0.26   
DILUTED EARNINGS (LOSS) PER COMMON SHARE:     
Net income (loss)
$ (3,311,000)
$  1,973,000
Average common shares outstanding
7,328,000  
7,513,000
Common shares issuable in respect to options issued to         employees with a dilutive effect
--
125,000
Total diluted common shares outstanding
7,328,000
7,638,000
Diluted Earnings (Loss) per Common Share
$           (0.45)
$           0.26   
 

EXHIBIT 11.2

BAIRNCO CORPORATION AND SUBSIDIARIES

CALCULATION OF BASIC AND DILUTED EARNINGS (LOSS) PER SHARE

FOR THE NINE MONTHS ENDED SEPTEMBER 29, 2001 AND SEPTEMBER 30, 2000

(Unaudited)

			 
2001
2000
BASIC EARNINGS (LOSS) PER COMMON SHARE:     
Net income (loss)
$  (1,271,000)
$  7,003,000
Average common shares outstanding
7,318,000  
7,626,000
Basic Earnings (Loss) per Common Share
$           (0.17)
$           0.92   
DILUTED EARNINGS (LOSS) PER COMMON SHARE:     
Net income (loss)
$  (1,271,000)
$  7,003,000
Average common shares outstanding
7,318,000  
7,626,000
Common shares issuable in respect to options issued to          employees with a dilutive effect
--
111,000
Total diluted common shares outstanding
7,318,000  
7,737,000
Diluted Earnings (Loss) per Common Share
$           (0.17)
$           0.91
Dear Mr. Pollan\: 

I u JiUCh indebted to you tor aeaii.ni. • tba Pollarcls' 

Glln cow ol "No bed tor &aoon,.u a. clel1&bttul. bit. ot vrltd.ng 

Wich t am reading now vlth a groat deal o! interest.. I 

shall add it to rq oollectiOA ot a&coniana. 

We h&YO ju.st fi.nished. O\Jr WI]! nice am SUCC$8Sl\ll 

cont"U911C8 with MrJ / ./ t al. o.pi\41 the able 

fttpresattati.mi• we mssed JOtir "Ilise counsel and youz. cheer:tul 

.countenance. PL 86-36/50 USC 3605 

Thank you tor l'e1'1'1111mberlng rq wishes am co1'tl:IAJ. greet.in&& 

to you. 

@'pp roved for Release by NSA on 06-13-2014 pursuantto E .0. 1352a
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 02-1258

___________ Sheryl H. McKinney, as parent and * next friend of Christy R. McKinney, * * Plaintiff, * * v. * Appeal from the United States * District Court for the Bridgestone/Firestone, Inc.; Ford * Western District of Arkansas. Motor Company, * * [UNPUBLISHED] Defendants, * * St. Edward Mercy Medical Center, * * Movant, * * Joey McCutchen, * * Movant - Appellant, * * Richardson, Stoops, Richardson & * Ward, * * Movant - Appellee. *

___________ Submitted: July 5, 2002 Filed: July 23, 2002

___________ Before LOKEN, BEAM, and RILEY, Circuit Judges.1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. -2- ___________ PER CURIAM. In this diversity tort action, attorney Joey McCutchen appeals from the district court’s 1 adverse grant of summary judgment as to his Arkansas attorney-lien claim. See Ark. Code Ann. § 16-22-304 (Michie 1999). Upon de novo review, see First Bank of Marietta v. Hogge , 161 F.3d 506, 510 (8th Cir. 1998), we affirm for the reasons stated by the district court, see 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
COURT OF APPEALS

SANDEE BRYAN MARION

 CHIEF JUSTICE

KAREN ANGELINI

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

JASON PULLIAM

 JUSTICES

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

KEITH E. HOTTLE 

CLERK OF COURT

TELEPHONE

(210) 335-2635

FACSIMILE NO.

(210) 335-2762

August 5, 2015

Paul T. Curl

Curl & Stahl, A Professional Corporation

700 North St. Mary's Street, Suite 1800

San Antonio, TX 78205

* DELIVERED VIA E-MAIL *

Philip M. Ross

Attorney At Law

1006 Holbrook Road

San Antonio, TX 78218

* DELIVERED VIA E-MAIL *

Royal B. Lea III

Bigham & Lea P.C.

319 Maverick St

San Antonio, TX 78212-4637

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00734-CV

Trial Court Case Number: 2013-CI-17001

Style: Sandra Saks, Lee Nick McFadin, III, and Margaret Landen 

Saks v. Broadway Coffeehouse LLC

Dear Counsel:

The above cause has been set for formal submission ON BRIEFS ONLY before this 

Court on Tuesday, September 8, 2015, before a panel consisting of Justice Rebeca C. Martinez, 

Justice Patricia O. Alvarez, and Justice Luz Elena D. Chapa.

Very truly yours,

KEITH E. HOTTLE, CLERK

____________________________

Cynthia A. Martinez

Deputy Clerk, Ext. 53853
REF ID:A44362 

SECRET 

s.rtalt N 0835 

~, Ce.nt.nl. ldeUigeace .Ace.aq 

ft30 • dtnet., •• v. ~251 D. C. . 

Aftl: 481.-tant ~. ~c ~ 

? M.c .. ; , 961 

Reference 1• -4• to~ let._, f/11ll'ebl'W171961 ta 1ddell JOQ 

propoae a 8UNt.1"1te 1fOl"d1ag ill ·~ 3b ot 'tbe 4nft ~ to 

tM ILIJfJ.'1 OperatJ.ag lU~ for 'Ula Catnl IBMllJ.gence A&w7• 

1'lle IUbnttate •rillll -.cl JOw." ~ ••raw _.,_. ••••' 41Y~ge&t. fll'm tb9 vlfta of Ul9 lat10m.l SecNrif¥ ~ OD ll1.D'l nport.-

iJ:lc• !Id• l.ge&1q COMU1tn l~ uaeati&l to Niel.ft tbU U.. betwe p~ turt1ler ... t.1le pt\'>poaed ... 1, , •• ot ~ ELilfr hae'1ea 

to p.lUt" ~. 

Colonel. 11.1.l.W, Pl.reotoz> of OpenUoml. Scrllcea,. Will be pl.eue4 

1IG arnmp a ....U..C· Vltll NpnaesrtaUwa ot the JtaU..l Securi"7 ,.._.., to 4ieUN tbia at.ter. . 

,., ~·-

Sf.Dcen.17, 

\!](>:. "\ ·~·--- .. :, ~~·:·~:>..~ 

Lrrc~ .. ~r 

eclassified and approved for release by NSA on 10-21-2013 pursuant to E.O. 

3526 
cc: DIR ~:- ---·'"S 

AG 

Heacliag 1'1le 

OP:;; 

PflOD-03 

PROD-04 

PRQD..05 

COO:iA 

REF ID:A44362 

Serials 

·r 1.~ 

M/R: 'Iba CIA letter to which an.aver 1• IIB4a herewith propoHd a change 

in tbe t.ext of a drat"t appendix torwarded to CL\ under Serial N0096, on 

ll January 1961. The propoa&l. by CIA le interprded aa a retuaal to 

accept. DIBBSA. con'\rol ot BLllfl' reporti131. 1'\ baa given rise to mis• 

givillgs regarding the vi•dom of S&Detionlng &a .a.:or.r proceasi.na and 

ana.l.yeia effort 1n the Wub1ngton area not collocated ¥1th COSA.-5. 

PROD-05 (Mr. Zaslov) baa ntOOllllmen<led that the Director rep.l¥ that 

there ia no requirement tor a ae~te i:LIJf.r center in '\he Wuh1.ngton 

area. .PROD-03 (Dr. Wra;y), COSA (Mr. Conley), and. .PROD-04 (Mr. Kirby) 

agree that thia abould baaically be tbe NJA ~ition. When the t\Ulction• 

ot the Natloll&l Technical. boceaaine; Center (!ITPC) were aasumed b;y liSA, 

however, the ll.1..IftT _proceasing ud analytic peraozmel ot CIA were not 

incorporated in. COSA.-5. lvantua.ll.y t.h1a aituat.1an aboul.d and -.y be 

cbangoci. In the meantir.le, the provision• ot tbe drat't appendix to the 

ELIN'! Operat1Jl8 Instn&ction tor t.be Central ln~ll1geace Ae;e1101 -.lee 

possible the accom:pllabman1o ot &LIN'l' taak.1 1n the national interest. 

Instant letter v1ll provide an opportua1t;y to explain the Director'• 

i.nt.ezrtioa to exerc1ae control over tbQae BLill'l act1v1t.ies for which he 

i• reaponaible under JISCID-6 aad to preaa for collocation of such 

a.c:t1vit1ea in the Wa.sb.1ngton area. 

Instant le'tter ia concurred in by COBA (Mr. Conley), and JRO~ 

(Mr. K1r'bf). PBCD..05 {Mr. Zaelov) does not OODC\U' nriterating hi• 

recoJ111M1ndation as stated. above. PftOD-03 (Dr. Wra.7~, who i• not ava.Uable for coordination, baa indicated agree111tnt vith the vien of PROD-o5 

in principle. 

s • ~ ........ • , I • ,-.~- ... ...... • • ·-:ra r1t'-:-i' · .. : I ,s
Exhibit 4.1


 THE BANK OF NEW YORK MELLON

  NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


2 HANSON PLACE, 12TH FLOOR, BROOKLYN, N.Y. 11217



July 20, 2011


 Hennion & Walsh, Inc.

2001 Route 46, Waterview Plaza

Parsippany, New Jersey 07054


Smart Fund, Tax Free Income Fund (2011 Series H)


 Dear Sirs:

 The Bank of New York Mellon is acting as trustee for Smart Fund, Tax Free Income Fund (2011 Series H) set forth above (the “Trust”). We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our evaluation of such Securities as of close of business on July 20, 2011, in accordance with the valuation method set forth in the Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-175347) filed with the Securities and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.

	 	Very truly yours,
	 	
	 	/s/ DEBORAH A. OWENS
	 	
      

    
	 	

      Vice President
# CE2004084EN.01069602.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/696 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/696

---

(2004/C 84 E/0783)

WRITTEN QUESTION P-0928/04

by Maurizio Turco (NI) to the Commission

(22 March 2004)

Subject:   Equality of treatment in the written test for competition COM/A/3/02, sector 2

Subject:

With regard to written test (d) for the competition COM/A/3/02 (Sustainable developoment: Environmental, energy and transport sciences and technologies) can the Commission say:

| — | how many candidates chose each of the five topics and what proportion of each group were admitted to the oral test; |
| --- | --- |

—

how many candidates chose each of the five topics and what proportion of each group were admitted to the oral test;

| — | whether, and by means of what procedures, equality of treatment was ensured, i.e. whether the candidates choosing each different topic had an equal chance of reaching the oral stage? |
| --- | --- |

—

whether, and by means of what procedures, equality of treatment was ensured, i.e. whether the candidates choosing each different topic had an equal chance of reaching the oral stage?

Answer given by Mr Kinnock on behalf of the Commission

(19 April 2004)

(19 April 2004)

The Competition referred to by the Honourable Member is still ongoing. The workings of the selection board are governed by the principle of confidentiality. The Commission is therefore not in a position to supply the data requested at present.

The Commission will, however, readily provide the Honourable Member with further information when the competition has been completed.

The general principle of equal treatment of candidates is ensured through application of criteria laid down in the published notice of competition COM/A/3/02 (1). There is no specific procedure to ensure an equal chance of reaching the oral stage between the candidates choosing each different topic. The Selection Board in field 2 (sustainable development) decided to offer five options in the written test, and candidates were freely able to choose one out of the five. Regardless of the option chosen, the candidates with the 195 highest scores were admitted to the oral test within the terms of the notice of competition.

1

---

(1)  OJ C 177, 25.7.2002.

1

---