alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### McArthur DAVIS *v.*GENERAL MOTORS CORPORATION

74-351

521 S.W. 2d 214

Opinion delivered April 14, 1975

*Paul K. Roberts,*for appellant.

Shackleford, *Shackleford*and *Phillips,*for appellee.

Georoe Rose Smith, Justice.

Smart Chevrolet Company, after having repossessed and resold a car which it had originally sold to McArthur Davis, brought this suit against Davis for a deficiency judgment. Davis filed a counterclaim against Smart (the dealer) and a third-party complaint against General Motors Corporation (the manufacturer), asserting breaches of warranty. General Motors succeeded, upon the pleadings alone, in obtaining a dismissal of the third-party complaint against it. This appeal is from the order of dismissal. Inasmuch as that order affects a substantial right and strikes a pleading, it is an appealable order within the terms of the statute. Ark. Stat. Ann. § 27-2101 (Supp. 1973).

The dismissal came about in this way: The original sum*984mons was served upon Davis on April 10, 1974. On April 24 Davis filed an answer to the complaint, a counterclaim against Smart, and a motion “pursuant to Arkansas Statutes, Section 34-1007,” for leave to make General Motors a party and to serve a summons and third-party complaint upon that corporation. On April 30 the trial court entered an order which, without making any reference to the statutes, directed that General Motors be made a party to the case. On May 6 Davis filed his third-party complaint against General Motors, seeking damages for breach of warranty. Counsel for General Motors, in asking that Davis’s third-party complaint be dismissed, pointed out that Davis’s motion of April 24 had cited a section of the Uniform Contribution Among Tortfeasors Act, Ark. Stat. Ann. § 34-1007 (Repl. 1962). Counsel asserted that General Motors was not a joint tortfeasor and that the third-party complaint should therefore be stricken.

The motion to strike the third-party complaint should have been denied. Obviously Davis’s motion for leave to bring in General Motors was in error in its reference to the Uniform Contribution Among Tortfeasors Act, because Davis was asserting a cause of action against General Motors, not a claim for contribution. The third-party complaint itself made that fact perfectly clear. Davis was entitled to file that pleading. Ark. Stat. Ann. § 27-1134.1 (Supp. 1973). There is no possibility whatever that General Motors was misled by the superfluous reference to the Uniform Act. The error must therefore be disregarded, as it does not affect the substantial rights of General Motors. Ark. Stat. Ann. § 27-1160 (Repl. 1962).

Reversed.
IN THE

TENTH COURT OF APPEALS

No. 10-08-00061-CV

JAMES SCOT THOMAS,

Appellant

v.

WAYNE E. BREWER, HECTOR M. ORTIZ 

AND DERRELL W. SUTTON,

Appellees

From the 12th District Court

Walker County, Texas

Trial Court No. 24018

MEMORANDUM OPINION

Appellant has filed a motion to dismiss this appeal. Appellees have not filed a 

response. Accordingly, the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). 

FELIPE REYNA

Justice 

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed November 5, 2008

[CV06]
Assignment and Assumption Agreement, dated January 26, 2009



 Exhibit 10.48 
 ASSIGNMENT AND ASSUMPTION AGREEMENT 
 THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the
“Agreement”) is entered into as of January 26, 2009 (the “Effective Date”), by and between ARCA biopharma, Inc., a Delaware corporation, formerly known as Nuvelo, Inc. (“Assignee”), and ARCA
biopharma Colorado, Inc., a Delaware corporation, formerly know as ARCA biopharma, Inc. (“Assignor”). Assignor and Assignee are each individually referred to herein as a “Party,” and collectively referred to as the
“Parties.” 
 RECITALS 
 WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume, all Assignor’s rights and obligations under that certain Amended and Restated Employment and Retention Agreement (the
“Employment Agreement”) dated as of June 12, 2008, by and between Assignor and Christopher D. Ozeroff. 
 NOW
THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 
 1. Assignment and
Assumption. 
 1.1 Assignor hereby assigns, transfers and sets over to Assignee, and Assignee hereby assumes, all Assignor’s right,
title, interest, powers, privileges, remedies, duties, liabilities and obligations under the Employment Agreement. As of the Effective Date, Assignee shall become entitled to all such right, title, interest, powers, privileges and remedies of
Assignor and subject to all such duties, liabilities and obligations of Assignor, in each case as if Assignee were the original party to the Employment Agreement. 
 1.2 As of the Effective Date, the term “Company,” as used in the Employment Agreement, shall refer to Assignee, and Assignee will be bound by and perform Assignor’s obligations under the Employment
Agreement. 
 2. Miscellaneous. 
 2.1 This
Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of the State of Colorado, without regard to conflicts of law provisions. 
 2.2. This Agreement constitutes the entire agreement among the Parties with respect to the subject matter hereof. This Agreement shall not be altered,
amended, modified or otherwise changed by any oral communications of any kind or character, or by any written communication, unless signed by a duly authorized representative of each of the Parties. 
 [Signature Page Follows] 







 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date
first written above. 
  

			
	ARCA BIOPHARMA, INC.
		
	By:	 	 /s/ Christopher D. Ozeroff

	Name:	 	Christopher D. Ozeroff
	Title:	 	Executive Vice President of Business Development and General Counsel
	
	ARCA BIOPHARMA COLORADO, INC.
		
	By:	 	 /s/ Christopher D. Ozeroff

	Name:	 	Christopher D. Ozeroff
	Title:	 	Executive Vice President of Business Development and General Counsel


 ACKNOWLEDGED AND AGREED: 
  

	
	 /s/ Christopher D. Ozeroff

	Christopher D. Ozeroff
<TABLE> <S> <C>


<ARTICLE>                     5




<MULTIPLIER>                                   1000

       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JAN-02-1999
<PERIOD-START>                                 JAN-04-1998
<PERIOD-END>                                   APR-04-1998

<CASH>                                         5,095
<SECURITIES>                                   0
<RECEIVABLES>                                  203,450
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               257,161
<PP&E>                                         465,864
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 837,448
<CURRENT-LIABILITIES>                          214,162
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     404,751
<TOTAL-LIABILITY-AND-EQUITY>                   837,448
<SALES>                                        0
<TOTAL-REVENUES>                               442,339
<CGS>                                          0
<TOTAL-COSTS>                                  416,616
<OTHER-EXPENSES>                               (55)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2,108
<INCOME-PRETAX>                                23,670
<INCOME-TAX>                                   9,941
<INCOME-CONTINUING>                            13,729
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   13,729
<EPS-PRIMARY>                                  0.53
<EPS-DILUTED>                                  0.52
        


</TABLE>
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

SCOTT D. DALESANDRO and DIANNE

NOONAN, on behalf of themselves and

the certified Class, Case No. C-I-OI-I09

Plaintiffs,

v. Judge Sandra S. Beckwith

INTERNATIONAL PAPER COMPANY,

Defendant

NOTICE OF MANUAL FILING OF FINAL DISTRIBUTION AND ACCOUNTING

UNDER SEAL PURSUANT TO PROTECTIVE ORDER

Please take notice that Defendant, International Paper Company, hereby fies with this

Court the Final Distribution and Accounting Under Seal Pursuant to Protective Order. Contents

of the fiing refer to information and materials that are designated as "confidential" under the

Protective Order entered by this Court.

Respectfully submitted,

Isl Grant S. Cowan

Grant S. Cowan (0029667)

FROST BROWN TODD LLC

2200 PNC Center

201 East Fifth Street

Cincinnati, Ohio 45202-4182

Phone: 513-651-6800

Fax: 513- 651-6981

W. Carter Younger (VSB #01147)

(Admitted Pro Hac Vice)

MCGUIRE WOODS LLP

One James Center

Richmond, Virginia 23219

Phone: 804-775-4363

Fax: 804-698-2214

Case 1:01-cv-00109-SSB Document 115 Filed 02/28/2006 Page 1 of 2
CERTIFICA TE OF SERVICE

I HEREBY CERTIFY that on this 28th day of February 2006, a true and complete copy of

this document was delivered via electronic fiing to Counsel for Plaintiff, Theresa L. Groh, Esq.

and John Murdock at Murdock, Goldenberg, Schneider & Groh, LPA, 35 East Seventh Street,

Suite 600, Cincinnati, OH 45202-2446.

sl Grant S. Cowan

CINLibrary 0010443.0528997 161 1848v. 1

Case 1:01-cv-00109-SSB Document 115 Filed 02/28/2006 Page 2 of 2
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-02-1997
<PERIOD-END>                               MAY-03-1997
<CASH>                                           5,064
<SECURITIES>                                         0
<RECEIVABLES>                                    4,748
<ALLOWANCES>                                         0
<INVENTORY>                                     43,754
<CURRENT-ASSETS>                                57,005
<PP&E>                                         154,811
<DEPRECIATION>                                  56,483
<TOTAL-ASSETS>                                 160,948
<CURRENT-LIABILITIES>                           39,940
<BONDS>                                         26,394
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        78,705
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   160,948
<SALES>                                         94,934
<TOTAL-REVENUES>                                94,934
<CGS>                                           71,090
<TOTAL-COSTS>                                   71,090
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 795
<INCOME-PRETAX>                                  1,825
<INCOME-TAX>                                       730
<INCOME-CONTINUING>                              1,095
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,095
<EPS-PRIMARY>                                     0.13
<EPS-DILUTED>                                     0.13
        

</TABLE>
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporationby reference in the Registration Statements on Form S-3, SEC File Nos. 333-140166 and 333-162971, and on Form S-8, SEC File Nos. 333-50325, 333-76038, 333-50343 and 333-134631 of Odyssey Marine Exploration, Inc. and Subsidiaries of our reports datedFebruary 24, 2011, on the financial statements and internal control over financial reporting of Odyssey Marine Exploration, Inc. and Subsidiaries, which reports appearing in this Annual Report on Form 10-K for the year ended December 31,2010. 

Ferlita, Walsh & Gonzalez, P.A. 

Tampa, Florida 

February 28, 2011
J. 

J. 

any material question of fact, summary judgment was appropriate. NRCP 

56(e). Additionally, appellant's failure to raise any opposition in the 

district court precludes him from doing so for the first time on appeal. Old 

Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) 

(stating that this court will not consider an issue raised for the first time 

on appeal). Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

ks 

Douglas 

cc: Second Judicial District Court Dept. 9 

Navgeet Zed 

Guglielmo & Associates 

Washoe District Court Clerk 

2 

1
W.G. v. A.T.

2160095

Court of Civil Appeals of Alabama.

January 20, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Jan 18th 2017

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Amendment to Exemption 11426 issued pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations in Regulatory Docket NO. 

FAA-2015-0173

Dear Sir or Madam:

Alaska Aerial Media LLC. was issued an Exemption numbered 11426 (hereinafter the 

Exemption) for the purpose of aerial cinematography and videography. Alaska Aerial Media 

requests a extension to exemption 11426 for another 2 (two) years. 

Alaska Aerial Media LLC, offers the following reasons why granting this petition for a extension 

to exemption 11426 is in the public’s interest. Approval of this extension will continue to allow 

adequate response time for our existing energy utilities customers for inspecting power outages 

or obstruction anomalies after a wind or snow storm. For assisting existing search and rescue 

customers in emergency operations in which manned assets are not available in rapid response 

time frame. For existing news customers in reporting breaking stories and live traffic assessments 

for public knowledge. The existing waiver process for part 107 does not allow for our existing 

rapid response contracted services. This makes our ability to respond to our large service area 

with existing COAs impossible. We believe it is in the best interest of our local community to 

allow us permission to the requested above.

Please contact the undersigned should you have any questions concerning this request for 

amendment to the Exemption

Sincerely,

Ryan P. Marlow

Alaska Aerial Media

7960 Upper OMalley Road

Anchorage Alaska 99507

Cell # (907)-717-9794
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             861
<SECURITIES>                                    27,460
<RECEIVABLES>                                      436
<ALLOWANCES>                                         0
<INVENTORY>                                         91
<CURRENT-ASSETS>                                29,485
<PP&E>                                           4,649
<DEPRECIATION>                                   3,285
<TOTAL-ASSETS>                                  30,849
<CURRENT-LIABILITIES>                            6,135
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            14
<OTHER-SE>                                      24,699
<TOTAL-LIABILITY-AND-EQUITY>                    30,849
<SALES>                                            163
<TOTAL-REVENUES>                                 6,639
<CGS>                                               78
<TOTAL-COSTS>                                    7,359
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    (5)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                (5)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       (5)
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>
San Joaquin Valley Air Pollution Control District June 25, 2013

Appendix F: EPA’s Approval of the Fresno-First Air Monitoring Site Relocation F-1

Annual Air Monitoring Network Plan 

## APPENDIX F:

EPA’s Approval of the Fresno-First Air

Monitoring Site RelocationSan Joaquin Valley Air Pollution Control District June 25, 2013

Appendix F: EPA’s Approval of the Fresno-First Air Monitoring Site Relocation F-2

Annual Air Monitoring Network Plan 

### This page intentionally blank
SERVED: JULY 17, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SOLID EDGE AVIATION, LLC 

DOCKET NO. FAA-2015-2436 

(Civil Penalty Action) 

NOTICE OF ASSIGNMENT OF PROCEEDING 

···-· ·. i.J 

This proceeding (heretofore designated as Case No. 2015WP910067) has been assigned 

to Administrative Law Judge Richard C. Goodwin. All future pleadings and other 

communications regarding this proceeding shall be served on the Judge, the FAA Hearing 

Docket, and the other persons on the attached Service List. 

Attachment - Service List 
SERVICE LIST -BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Darryl M. Williams, Respondent's Counsel 

Baird, Williams & Greer, LLP 

6225 North 24th Street, Suite 125 

Phoenix, AZ 85016 

TEL: 602-256-9400 

FAX: 602-271-9308 

Jeffrey M. Harper, Complainant's Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind A venue Southwest 

Renton, W A 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

DocketNo. FAA-2015-2436 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

2
a5925473ex10_13.htm


    Exhibit
10.13

    


    


    


    Mr.
Michael J. Ferrantino, Jr.

    12
Martingale Lane

    Andover,
MA  01810

    


    Dear
Mike:

    


    This
letter will confirm the April 4, 2007 agreement between Valpey-Fisher
Corporation (the “Company”) and you concerning a retention bonus payable to you
under certain circumstances.

    


    The
Company and you agree that effective August 7, 2008 the second sentence of the
second paragraph of the Letter Agreement is hereby amended to read as
follows:

    


     “As
an incentive for your continued employment with the Company, and
your

       efforts
on  behalf of the strategic alternatives, the Company hereby agrees
to

       pay
you a bonus of one times your current base salary in the event of a
change

       in
control of the Company prior to December 31, 2010.”

    


    The
Company and you agree that effective August 7, 2008 the fourth sentences of the
second paragraph of the Letter Agreement is hereby amended to read as
follows:

    


     “The
payment is contingent on your continued employment with the Company

       through,
and immediately following any change in control on or before,

       December
31, 2010.”

    


    Please
indicate your agreement by signing this letter in the space provided
below.

     

     

    
       

      
         

         

        
          
            
              
                
                  
                    	 
      	
                            Sincerely,

                          
	 
      	 
      	 
      
	 
      	
                            VALPEY-FISHER
      CORPORATION

                          
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                            By     

                          	
                            /s/ Ted Valpey, Jr.

                          
	 
      	 
      	
                            Ted
      Valpey, Jr.

                          
	 	 	Chairman


                  

                

              

            

          

        

      

       

    

     

     

    
      AGREED AND
ACCEPTED:

      


      /s/ Michael J. Ferrantino,
Jr.

      Michael J.
Ferrantino, Jr.

       

       

      - 72
-
1

John T. Boyd, Chief Justice (Ret.), Seventh Court ofAppeals, sitting by assignment.

Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003). 

NO. 07-03-0172-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JUNE 9, 2003

______________________________

JIMMY BARELA,

Appellant

v.

THE STATE OF TEXAS, 

Appellee

_________________________________

FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

NO. 45,848-D; HON. DON EMERSON, PRESIDING

_______________________________

Before QUINN and REAVIS, JJ., and BOYD, S.J.1

Appellant Jimmy Barela, by and through his attorney, has filed a motion to dismiss

this appeal because he no longer desires to prosecute it. The cause was previously

abated; we now reinstate it. Without passing on the merits of the case, we grant the

motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss

the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing

will be entertained, and our mandate will issue forthwith.

Brian Quinn

Do not publish. Justice
Drone/VAS Practice Group 

# ANTONELLI

-- LAW -

U.S . Department ofTransportation Docket Management System 1200 New Jersey Ave S .E. Washington, D.C. 20590 Re: Amendment to Exemption No . 12606 Regulatory Docket No . FAA-2015

- 2111 Dear Sir or Madam : 35 E Wacker Drive Suite 1875 Chicago, IL 60601 Tel. 312.201.8310 Jeffrev(t:v Antonelli-Law.com May 31 , 2016

Our client, Truself Media, Inc. d/b/a Flight AV (" Flight AV" ) requests an amendment to Exemption No. 12606 , Docket No. FAA-2015-2111 for : (1) Revising the name of the recipient of Exemption No . 12606 to " Truself Media, Inc. d/b/a Flight AV; " (2) Adding each ofthe previously-approved UAVs listed at Regulatory Docket No. FAA2007-3330 to the grant of exemption ; and (3) Gaining permission to conduct closed-set motion picture and television operations . Flight AV ' s Motion Picture and Television Operations Manual (MPTOM) is being submitted confidentially under separate cover. Pursuant to 14 C .F.R. 

### §11.35 , Flight AVP requests confidential treatment for its MPTOM . It requests that the information contained in that exhibit not be made public because they are trade secrets whose disclosure would harm the owner of the information. It contains valuable commercial data that is not publically available and is protected from release under the Freedom oflnformation Act, 5 U .S.C. §552(b)(4) . Ifwe can provide any additional information to assist your understanding or review ofthis document, please do not hesitate to contact us at 312-201-8310 or via email at Jeffrev @ AntonelliLaw.com .