alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### St. Louis-San Francisco Railway Company *v.*Angle.

Opinion delivered April 1, 1929.

*E. T. Miller, E. L. Westbrooke, Jr.,*and *E. L. West-brooke,*for appellant.

Humphreys, J.

This is an appeal from a judgment of $50 obtained by appellee against appellant in the circuit court of Lawrence County, Western District, on appeal from the court of a,.justice of the peace, for killing his dog, in February, 1928, by negligently running over him with an extra freight train, On its sidetrack in Black Rock, Arkansas.

Appellant contends for a reversal of the judgment upon the ground that the statutory presumption of negligence on its part, arising on account of the dog being found dead on its track, was overcome by the undisputed testimony of its witnesses. At the conclusion of the testimony appellant requested an instructed verdict in its favor, upon the theory advanced now for a reversal of the judgment, which was refused by the court, over appellant’s objection and exception.

The dog was found after daylight on the morning of February 28, 1928, lying on the sidetrack paralleling the main track, which ran north and south through Black Rock. His head was lying inside of the east rail and his body opposite the head on the outside thereof. His head had been severed from his body, and there was nothing about the body or head to indicate that he had been struck by the cow-catcher, or dragged from the place where killed. Only one train, an extra freight train No. 4015, entered and left the sidetrack during the preceding night. This train entered the sidetrack about *3161:30 o’clock a. m. for the purpose of allowing a fast freight train, No. 135, to pass on the main line, and left, proceeding northward, immediately after the fast train passed. The .enginemen operating the extra freight testified that the headlight to their engine was on and the bell ringing, and that they were keeping a lookout as they headed into as well as when they pulled off the sidetrack, and that they did not see a dog or strike one with any part of the engine. They also testified that it would have been impossible for the fast southbound freight train to have struck and thrown the dog under the train standing on the sidetrack and to have left him in the position he was found.

There is no conflict in the testimony, as we read it, and the only conclusion that can be reached from a consideration thereof is that the dog was killed while trying to pass under the extra freight train, either while entering or leaving the sidetrack. The statutory presumption of having negligently killed the dog was overcome by the undisputed proof, and the trial court should have instructed a verdict for appellant. *Chicago Rd. Co.*v. *Daniel,*169 Ark. 23, 273 S. W. 15; *Fowler*v. *Hammett,*162 Ark. 307, 258 S. W. 392.

On account of the error indicated the judgment is reversed, and the cause is dismissed.
```
[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Rules and Regulations]               
[Page 9515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-1]                         

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================

[[Page 9515]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1107; Directorate Identifier 2009-NM-138-AD; 
Amendment 39-16202; AD 2010-04-09]
RIN 2120-AA64

 
 Airworthiness Directives; Airbus Model A330-200 Series Airplanes 
and Model A340-200 and -300 Series Airplanes

Correction

    In rule document 2010-3119 beginning on page 7940 in the issue of 
February 23, 2010, make the following correction:
    On page 7941, in the second column, under the header 
``Applicability,'' item (1) should read: ``(1) Airbus Model A330-201, -
202, -203, -223, and -243 airplanes, all manufacturer serial numbers.''

[FR Doc. C1-2010-3119 Filed 3-2-10; 8:45 am]
BILLING CODE 1505-01-D
```
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Case No. 1:18-cv-00326-MWM

 Judge Matthew W. McFarland

MOTION FOR ADMISSION PRO HAC VICE OF ANNA P. PRAKASH

Pursuant to S.D. Ohio Civ. R. 83.3(e) and 83.4(a), Plaintiffs, through their trial attorney, 

George M. Reul, Jr., respectfully move the Court to admit Anna P. Prakash pro hac vice to appear 

and participate as counsel in this case for Plaintiffs. 

In support of this Motion, Plaintiffs state that Anna P. Prakash is a member in good standing

of the highest court of Minnesota, as attested by the accompanying certificate from that court, and 

that Anna P. Prakash is not eligible to become a member of the permanent bar of this Court. This 

Motion is accompanied by the required $200.00 fee.

Anna P. Prakash understands that, unless expressly excused, she must register for

electronic filing with this Court promptly upon the granting of this Motion.

Anna P. Prakash’s relevant business information is as follows:

Wendy Berry, Lorri Hulings, and Kathleen 

Sammons, individually and as representatives of a 

class of similarly situated persons, and on behalf of 

the FirstGroup America, Inc. Retirement Savings 

Plan,

Plaintiffs,

v.

FirstGroup America, Inc., FirstGroup America, Inc.

Employee Benefits Committee, and Aon Hewitt

Investment Consulting, Inc.,

Defendants.

Case: 1:18-cv-00326-MWM Doc #: 90 Filed: 08/02/22 Page: 1 of 3 PAGEID #: 2674
2

Telephone: 612-256-3200

Address: Nichols Kaster, PLLP

 4700 IDS Center

 80 S 8th Street

 Minneapolis, MN 55402

E-mail: aprakash@nka.com

Dated: August 2, 2022 Respectfully submitted,

FREKING MYERS & REUL LLC

By: /s/ George M. Reul, Jr. 

George M. Reul, Jr. (0069992)

600 Vine Street, Ninth Floor

Cincinnati, Ohio 45202

Telephone: 513-721-1975

Facsimile: 513-651-2570

greul@fmr.law

NICHOLS KASTER, PLLP

Paul J. Lukas, admitted pro hac vice

Brock J. Specht, admitted pro hac vice

Steven J. Eiden, admitted pro hac vice

4700 IDS Center

80 S 8th Street

Minneapolis, MN 55402

Telephone: 612-256-3200

Facsimile: 612-338-4878

lukas@nka.com

bspecht@nka.com

seiden@nka.com

ATTORNEYS FOR PLAINTIFFS

Case: 1:18-cv-00326-MWM Doc #: 90 Filed: 08/02/22 Page: 2 of 3 PAGEID #: 2675
3

CERTIFICATE OF SERVICE

I hereby certify that on this 2nd day of August, 2022, a true and accurate copy of the

foregoing was filed electronically. Notice of this filing will be delivered to the parties by operation 

of the Court’s electronic filing system. Parties may access this filing through the Court’s system.

/s/ George M. Reul, Jr. 

George M. Reul, Jr.

Case: 1:18-cv-00326-MWM Doc #: 90 Filed: 08/02/22 Page: 3 of 3 PAGEID #: 2676
Exhibit 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statements on
Form S-3 (File Nos. 333-34488, 333-67371, 333-76724, 333-96919, 333-100322 and
333-117492) and on Form S-8 (File Nos. 333-39674, 333-39676, 333-39678,
333-103527, and 333-113704) of Headwaters Incorporated of our report dated
November 10, 2004 with respect to the consolidated financial statements of
Headwaters Incorporated included in this Annual Report (Form 10-K) for the year
ended September 30, 2004.

/s/ Ernst & Young LLP

Salt Lake City, Utah
December 10, 2004
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Shelli L. Franek,
Plaintiff(s),
Case Number: 1:18cv147
vs.
Judge Susan J. Dlott
NCS Pearson, Inc., et al.,
Defendant(s).
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Kaen L. Litkovitz filed on February 7, 2019 (Doc. 21), to whom this case was referred
pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the
time for filing such objections under Fed. R. Civ. P. 72(b) expired February 21, 2019, hereby
ADOPTS said Report and Recommendation.
Accordingly, plaintiff's motion to voluntarily dismiss the complaint (Doc. 20) is

GRANTED. This case is hereby DISMISSED without prejudice.

IT IS SO ORDERED,

—dctane 4. Mes

Judge Susan J. Di
United States a it Court
<TABLE> <S> <C>

                                               
<ARTICLE>                          5
<LEGEND>                           
<CIK>                              0000797917
<NAME>                             RAYTECH CORP
<MULTIPLIER>                       1,000
<CURRENCY>                         U.S. DOLLARS
<FISCAL-YEAR-END>                  DEC-29-1996
<PERIOD-START>                     JAN-01-1996
<PERIOD-END>                       DEC-29-1996
<PERIOD-TYPE>                      12-MOS
<EXCHANGE-RATE>                    1
   
<CASH>                             11,341
<SECURITIES>                       0
<RECEIVABLES>                      24,592
<ALLOWANCES>                       726
<INVENTORY>                        28,709
<CURRENT-ASSETS>                   72,036
<PP&E>                             127,811
<DEPRECIATION>                     76,686
<TOTAL-ASSETS>                     140,155
<CURRENT-LIABILITIES>              64,618
<BONDS>                            0
<COMMON>                           5,372
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                         28,643 
<TOTAL-LIABILITY-AND-EQUITY>       140,155
<SALES>                            217,683
<TOTAL-REVENUES>                   217,683
<CGS>                              163,414
<TOTAL-COSTS>                      163,414
<OTHER-EXPENSES>                   0
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 3,132
<INCOME-PRETAX>                    20,655 
<INCOME-TAX>                       3,606
<INCOME-CONTINUING>                15,991
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       15,991
<EPS-PRIMARY>                      4.65
<EPS-DILUTED>                      4.65



    

</TABLE>
EXHIBIT 10.1


 


Amendment No. 1 to Amended
and Restated Investment Advisory and Management Agreement Between Gladstone Capital Corporation and Gladstone Management Corporation


 


This
Amendment No. 1 to that certain Amended and Restated Investment Advisory and Management Agreement (the “Agreement”)
between Gladstone Capital Corporation, a Maryland corporation (the “Fund”) and Gladstone
Management Corporation, a Delaware corporation (the “Adviser”), dated as of October 1, 2006 is made
and entered into October 13, 2015.


Whereas, it is the intention of each
of the parties to this Amendment No. 1 to lower the Base Management Fee payable to the Adviser pursuant to the Agreement.


Now, Therefore, in consideration of
the premises and for good and other valuable consideration, the parties hereby agree as follows:


		1.	Section 3(a)(i) shall be revised in its entirety as follows:



 


“(i) The Base Management Fee shall be payable
quarterly in arrears, and shall be calculated at an annual rate of 1.75% of the average value of the Fund’s total assets,
including investments made with proceeds of borrowings, less any uninvested cash or cash equivalents resulting from borrowings
(the “Gross Assets”), valued as of the end of the two most recently completed calendar quarters, and
appropriately adjusted for any share issuances or repurchases during the current calendar quarter.”


 


2.     
Effectiveness. All fees and calculations that are affected by this Amendment No. 1, including those for the quarter
ending September 30, 2015 and any period thereafter, shall be calculated as if this Amendment No. 1 was effective as of July 1,
2015.


 


3.     
Entire Agreement; Governing Law. This Amendment No.1 sets forth the entire understanding and agreement of the parties
hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relative
to such subject matter. This Agreement shall be construed in accordance with the laws of the state of Delaware and the applicable
provisions of the Investment Company Act. To the extent the applicable laws of the State of Delaware or any of the provisions herein,
conflict with the provisions of the Investment Company Act, the later shall control.


 


[The remainder of the page intentionally left blank. Signature
page follows.]



     


     

    




In Witness Whereof, the parties hereto have caused this
Amendment No. 1 to be duly executed on the date above written.


 





	 	 	Gladstone Capital Corporation
	 	 	 
	 	 	By: /s/ Robert Marcotte
	 	 	Robert Marcotte
	 	 	President
	 	 	 
	 	 	 
	 	 	Gladstone Management Corporation
	 	 	By: /s/ David Gladstone
	 	 	David Gladstone
	 	 	Chief Executive Officer



 


 


 


 


 





[Signature Page to Amendment No. 1 to Amended and Restated Investment
Advisory and Management Agreement Between Gladstone Capital Corporation and Gladstone Management Corporation]
- 1 - 

Alexander Van der Bellen 

Managing Director and 

Associate General Counsel 

Delta Air Lines, Inc. 

1212 New York Avenue NW 

Washington, DC 20005 

202.842.4184 

sascha.vanderbellen@delta.com 

March 8, 2012 

via email and regulations.gov 

Esta Rosenberg 

Chief, U.S. Air Carrier Licensing Division 

Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Joint Application of Delta, Aeromexico, and Aerolitoral 

 For Exemption and Statements of Authorization 

Docket DOT-OST-2012-0036 

 

Dear Ms. Rosenberg: 

This letter is to confirm that Delta has polled all carriers on the service list to the above 

referenced application and there are no objections. In these circumstances, we urge that the 

application be granted as soon as possible. 

 

 

Respectfully submitted, 

Alexander Van der Bellen 

cc: Brian Hedberg, DOT 

 Brett Kruger, DOT 

 John Mietus, Counsel for Aeromexico and Aerolitoral 

 info@airlineinfo.com
I 

111TH CONGRESS 

1ST SESSION H. R. 457 

To amend the Internal Revenue Code of 1986 to restore the obligation 

of the Secretary of the Treasury to invest the balance of the Highway 

Trust Fund in interest-bearing obligations of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. WITTMAN introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to restore 

the obligation of the Secretary of the Treasury to invest 

the balance of the Highway Trust Fund in interestbearing obligations of the United States. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Responsible Highway 

5 Investment Act of 2009’’. 


rwilkins on PROD1PC63 with BILLS
2 

•HR 457 IH

1 SEC. 2. RESTORATION OF REQUIREMENT TO INVEST BAL2 ANCE OF HIGHWAY TRUST FUND IN INTER3 EST BEARING OBLIGATIONS OF THE UNITED 

4 STATES. 

5 Paragraph (1) of section 9503(f) of the Internal Rev6 enue Code of 1986 is amended by adding at the end the 

7 following: ‘‘Subparagraph (B) shall not apply to periods 

8 after the date of the enactment of this sentence.’’ 

Æ 


rwilkins on PROD1PC63 with BILLS
Exhibit 12.2
<TABLE>
<CAPTION>
                  TREESOURCE INDUSTRIES, INC. AND SUBSIDIARIES
                  COMPUTATION OF REGISTRANT'S NET INCOME (LOSS)
                             TO AVERAGE TOTAL ASSETS
                          (In Thousands, Except Ratios)


                                                    YEAR ENDED APRIL 30,
                           -------------------------------------------------------------------

                              2001          2000           1999          1998          1997
                           ----------    ----------    ----------    ----------    ----------
<S>                        <C>           <C>           <C>           <C>           <C>
NET INCOME (LOSS)          $  (18,066)   $    1,012    $  (10,246)   $  (12,150)   $    8,970

                           ==========    ==========    ==========    ==========    ==========

AVERAGE TOTAL ASSETS
  Beginning of period      $   57,363    $   54,987    $   65,311    $   86,486    $   77,396
  End of period                35,623        57,363        54,987        65,311        86,486

     Average               $   46,493    $   56,175    $   60,149    $   75,899    $   81,941

                           ==========    ==========    ==========    ==========    ==========

RATIO OF NET INCOME (LOSS)      (38.9) %        1.8 %       (17.0) %      (16.0) %       10.9 %
  TO AVERAGE TOTAL ASSETS

</TABLE>





















                                      -68-
Exhibit 21.1
TreeSource Industries, Inc.

Subsidiaries of the Registrant
As of July  12, 1999
Grouped by State/Country of Incorporation

Oregon
------
Alturas Lumber Co.
Burke Lumber Co.
Central Point Lumber Co.
Cottage Grove Lumber Co.
Crater Lake Lumber Co.
Custer Lumber Co.
Eugene Wood Products Co.
Glide Lumber Products Co.
Greenweld North America Co.
Halsey Veneer Co.
Judith Gap Lumber Co.
Junction City Lumber Co.
Midway Engineered Wood Products, Inc.
North Powder Lumber Co.
Pacific Softwoods Co.
Philomath Forest Products Co.
Port Westward Pulp Co.
Riverside Lumber Co.
Silverton Forest Products Co.
Trask River Lumber Co.
TreeSource, Inc.
Union Forest Products Co.
Union Rail Enterprises, Inc.
Western Timber Co.
Whitehall Plywood, Inc.
WTD Industries, Inc.

Washington
----------
Cle Elum Lake Veneer Co.
Graham Plywood Co.
Morton Forest Products Co.
Olympia Forest Products Co.
Orient Lumber Co.
Pacific Hardwoods-Aberdeen Co.
Pacific Hardwoods-South Bend Co.
Sedro-Woolley Lumber Co.
Spanaway Lumber Co.
Tumwater Lumber Co.
Valley Wood Products Co.

Montana
-------
Columbia Falls Forest Products, Inc.

Guam
----
TreeSource International, Inc.
Michigan Supreme Court Lansing, Michigan

Stephen J. Markman,
Chief Justice

Brian K. Zahr a Bridget M. McCormac k

David F. Viviano

Richard H. Bernstei n Kurtis T. Wilde r Elizabeth T. Clement,

J ustices 

# Order

May 4, 2018

156746

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,

v SC: 15 6746 COA: 331499 Jackson CC: 15-004596-FC DAWN MARIE DIXON-BEY, Defendant-Appellee.

___________________ __________________/

On order of the Court, the application for leave to appeal the September 26, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other acti on. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days o f the date of this order, addressing: (1) to what extent the sentencing guideline s should be considered to

determine whether the trial cour t abused its discretion in appl ying the principle of proportionality under People v Steanhouse , 500 Mich 453 (2017); and (2) whether, when a jury convicted the defendant of second-degree murder, the tri al court abused its discretion in applying the princ iple of proportionality if it e ither (a) sentenced the defendant according to an indepe ndent finding that she committe d first-degree murder; or (b) departed upward from the sen tencing guidelines for second-d egree murder based on facts established by a preponder ance of the evidence that the j ury did not find were established beyond a reasonable doubt. See MCL 777.36(2)(a); People v Ewing (After Remand) , 435 Mich 443 (1990); People v Milbourn , 435 Mich 630, 654 (1990).

In addition to the brief, the appellant shall electronically f ile an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as require d by MCR 7.312(B)(1). The appe llee shall file a supplemental brief within 21 days of being served with the appe llant’s brief. The appellee shall also electronica lly file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellantI, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at t he direction of the Court.

May 4, 2018

a0501 2

Clerk within 14 days of being served w ith the appellee’s brief. The parties should not submit

mere restatements of the ir application papers.

We further direct the Clerk to schedule the oral argument in t his case for the same future session of this Court when it will hear oral argument in People v Beck (Docket No. 152934).

The Prosecuting Attorneys Association of Michigan and the Crim inal Defense Attorneys of Michigan are invite d to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains financial information extracted from Forstmann & Company,
Inc.'s consolidated  financial statements for the fifty-two weeks ended November
1,  1998  and is  qualified  in its  entirety  by  reference  to such  financial
statements.
</LEGEND>
<CIK>                         0000798246
<NAME>                        Forstmann & Company, Inc.
<MULTIPLIER>                                  1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                              Nov-01-1998
<PERIOD-START>                                 Nov-03-1997
<PERIOD-END>                                   Nov-01-1998
<CASH>                                         143
<SECURITIES>                                   0
<RECEIVABLES>                                  32,743
<ALLOWANCES>                                   1,309
<INVENTORY>                                    38,818
<CURRENT-ASSETS>                               71,003
<PP&E>                                         30,480
<DEPRECIATION>                                 8,245
<TOTAL-ASSETS>                                 95,243
<CURRENT-LIABILITIES>                          20,008
<BONDS>                                        43,565
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       44
<OTHER-SE>                                     31,626
<TOTAL-LIABILITY-AND-EQUITY>                   95,243
<SALES>                                        149,597
<TOTAL-REVENUES>                               149,597
<CGS>                                          141,760
<TOTAL-COSTS>                                  141,760
<OTHER-EXPENSES>                               15,890
<LOSS-PROVISION>                               851
<INTEREST-EXPENSE>                             6,489
<INCOME-PRETAX>                                (18,888)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (18,888)
<DISCONTINUED>                                 99
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (18,987)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  (4.33)
        


</TABLE>