alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Lana WEINBACH, Appellant, v. MCKNIGHT PLACE PARTNERSHIP I, LLP, Respondent.

No. ED 105500

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: July 17, 2018 Rehearing and/or Transfer to Supreme Court Denied August 20, 2018 Application for Transfer Denied October 30, 2018

David McClain, Aaron L. Rankin, Co-Counsel, 165 North Meramec Ave, Suite 110, Clayton, MO. 63105, for appellant.

Charles S. Elbert, Kevin A. Sullivan, Co-Counsel, Douglas W. King, Co-Counsel, 1 North Brentwood, Suite 800, Saint Louis, Mo. 63105, for respondent.

Before Gary M. Gaertner, Jr., P.J., Robert M. Clayton III, J., Angela T. Quigless, J.

***ORDER***

PER CURIAM.

*88Lana Weinbach appeals from the judgment of the trial court directing a verdict in favor of McKnight Place Partnership I, LLP on her claims of unlawful exclusion of a tenant and forcible entry and detainer, and entering judgment on the jury verdict in favor of McKnight Place on her claims of negligence, conversion, and trespass. We have reviewed the briefs of the parties and the record on appeal and find the claim of error to be without merit. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision. We affirm the judgment pursuant to Mo. Sup. Ct. Rule 84.16(b) (2018).
Donald S. DELINE, Appellant, v. WRIGHT MEDICAL TECHNOLOGY, INC., Paul S. Lux, M.D. and The Orthopedic Center of St. Louis, LLC, Respondents.

No. ED 105245

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: February 20, 2018

J. Michael Ponder, Kathleen A. Wolz, Kimberly S. Price, 1610 N. Kingshighway, Ste. 201, P.O. Box 1180, Cape Girardeau, MO 63702, Amy Collignon Gunn, Elizabeth Soshim Washam, 800 Market St., Ste. 1700, St. Louis, MO 63101, for Appellant.

Kevin F. Hormuth, Erwin O. Switzer, 10 S. Broadway, Ste. 2000, St. Louis, MO 63102, Dana J. Ash, Atty. Pro Hac Vice, Matthew A. Taylor, Atty. Pro Hac Vice, Robert M. Palumbos, Atty. Pro Hac Vice, J. Scott Kramer, Atty. Pro Hac Vice, 30 South 17th St., Philadelphia, PA 19103, Sean K. Burke, Atty. Pro Hac Vice, 505 9th Street, N.W., Ste. 1000, Washington, D.C. 20004, Attys. For Resp. Wright Medical Technology, Inc.

John T. Eckenrode, 11477 Olde Cabin Rd., Ste. 110, St. Louis, MO 63141, Atty. For Paul S. Lux, M.D. and Orthopedic Center of St. Louis, LLC.

Before Gary M. Gaertner, Jr., P.J., Robert M. Clayton III, J., Angela T. Quigless, J.

*ORDER*

PER CURIAM.

*442Donald S. Deline ("Plaintiff") appeals the judgment entered upon a jury verdict in favor of Wright Medical Technology, Inc. (individually "WMT"), Paul S. Lux, M.D. (individually "Dr. Lux"), and The Orthopedic Center of St. Louis, LLC (individually "The Orthopedic Center") (collectively "Defendants") on Plaintiff's claims arising out of Plaintiff's receipt of hip implant components during a hip replacement surgery. In the underlying action, Plaintiff tried his claims against WMT under theories of strict liability product defect and negligent design, and Plaintiff tried his claims against Dr. Lux and The Orthopedic Center under a medical negligence theory. We find no error has occurred.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).1

1

WMT has filed a motion to strike purported exhibits filed by Plaintiff in this appeal, and the motion was taken with the case. We grant WMT's motion for the reasons set forth in our memorandum provided to the parties.
<PAGE>
 
                                                                      EXHIBIT 23

                         INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in the registration statements of
Bay View Capital Corporation listed below of our report dated January 24, 1997,
appearing in this Annual Report on Form 10-K of Bay View Capital Corporation for
the year ended December 31, 1996:

Registration Statement No. 33-30602 on Form S-8
Registration Statement No. 33-30603 on Form S-8
Post-effective Amendment No. 1 to Registration Statement No. 33-35483 
  on Form S-3
Post-effective Amendment No. 2 to Registration Statement No. 33-32416 
  on Form S-3
Registration Statement No. 33-36161 on Form S-8
Registration Statement No. 33-41924 on Form S-8
Registration Statement No. 33-95724 on Form S-8
Registration Statement No. 33-95726 on Form S-8


/s/ Deloitte & Touche LLP

San Francisco, California
January 24, 1997
| 1. | The      Form 10-K fully complies with the requirements of Section 13(a) or 15(d)      of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));      and  |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | The      information contained in the Form 10-K fairly presents, in all material      respects, the financial condition and results of operations of the      Company.  |

|   Date:  March 31, 2010  |   /s/ Joseph D. Reid                                                Joseph      D. ReidChief      Executive Officer |
|---------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | (1) | The      Report fully complies with the requirements and 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 |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|              | Pacific      State Bancorp |                                                        |
|-------------------|----------------------------|-------------------------------------------------------------|
|              |                       |                                                        |   |
| May      15, 2008 | By:                        | /s/ JoAnne      Roberts                                |   |
|              |                       | JoAnne      Roberts                                         |   |
|              |                       | Senior      Vice President and Chief      Financial Officer |   |
|              |                       |                                                        |   |
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

PATRICK OKEY,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 569 MAL 2022

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23rd day of May, 2023

, the Petition for Allowance of Appeal is

DENIED

.
#### Police Association of the City of Mount Vernon, Respondent, v City of Mount Vernon et al., Appellants.

[719 NYS2d 291]

In a purported proceeding pursuant to CPLR article 78 for a judgment declaring, *inter alia,*that the City of Mount Vernon and Gertrude LaForgia violated McKinney’s Unconsolidated Laws of NY § 971 (a) and enjoining them from committing such violations in the future, the appeal is from a judgment of the Supreme Court, Westchester County (Leavitt, J.), dated November 10, 1999, which, upon an order of the same court, entered October 22, 1999, granting the petition, declared that the City of Mount Vernon and Gertrude LaForgia violated McKinney’s Unconsolidated Laws of NY § 971 (a) by requiring police officers to work more than eight hours in a consecutive 24-hour period when no emergency existed, and enjoined them from any further violation of McKinney’s Unconsolidated Laws of NY § 971 (a). The appellants’ notice of appeal from the order entered October 22, 1999, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is modified, on the law, by adding thereto a provision converting the proceeding into an action for a declaratory judgment (see, CPLR 103 [c]), with the notice of petition deemed a summons and the petition deemed a complaint; as so modified, the judgment is affirmed, with costs to the petitioner.

The Supreme Court correctly determined that the appellants violated McKinney’s Unconsolidated Laws of NY § 971 (a) by requiring members of the City of Mount Vernon Police Department to work more than one eight-hour shift in a consecutive 24-hour period in the absence of an emergency situation within the meaning of the statute. Contrary to the appellants’ contention, the petitioner did not waive its right to enforce the requirements of McKinney’s Unconsolidated Laws § 971 (a) in the parties’ collective bargaining agreement. Further, the appellants could not unilaterally impose overtime in the absence of an emergency situation within the meaning of the statute *(see, Spring Val. PBA v Village of Spring Val.,*80 AD2d 910, 911).

The appellants’ contention that the disputed assignment of overtime was permissible because an emergency situation *562existed is improperly raised for the first time on appeal and, in any event, is without merit. Ritter, J. P., S. Miller, Friedmann and Smith, JJ., concur.
Exhibit 32.1

Certification Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Computer Programs and Systems, Inc. (the Company) on
Form 10-Q for the quarterly period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), J. Boyd Douglas, President and Chief Executive Officer of the Company, and Darrell G.
West, Vice President-Finance and Chief Financial Officer of the Company, each hereby certifies, 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;
| | --- | -----------------------------------------------------------------------------------------------------------------



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



|                     |  |                                                     
|-------------------- |  | ----------------------------------------------------
|Date: August 6, 2008 |  | /s/ J. Boyd Douglas                                 
|                     |  | J. Boyd Douglas                                     
|                     |  | President and Chief Executive Officer               
|                     | 
|                     |  | /s/ Darrell G. West                                 
|                     |  | Darrell G. West                                     
|                     |  | Vice President - Finance and Chief Financial Officer
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Page 11399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5747]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6543]


Advisory Committee International Postal and Delivery Services

AGENCY: Department of State.

ACTION: Notice; FACA Committee meeting announcement.

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

SUMMARY: As required by the Federal Advisory Committee Act, Public Law 
92-463, the Department of State gives notice of the fifth meeting of 
the Advisory Committee on International Postal and Delivery Services. 
This Committee has been formed in fulfillment of the provisions of the 
2006 Postal Accountability and Enhancement Act (Pub. L. 109-435) and in 
accordance with the Federal Advisory Committee Act.
    Public Input: Any member of the public interested in providing 
public input to the meeting should contact Mr. Chris Wood, Office of 
Technical Specialized Agencies (IO/T), Bureau of International 
Organization Affairs, U.S. Department of State, at (202) 647-1044, 
<a href="/cdn-cgi/l/email-protection#3d4a5252595e4e7d4e495c4958135a524b"><span class="__cf_email__" data-cfemail="b9ced6d6dddacaf9cacdd8cddc97ded6cf">[email protected]</span></a>.
    Each individual providing oral input is requested to limit his or 
her comments to five minutes. Requests to be added to the speaker list 
must be received in writing (letter, e-mail or fax) prior to the close 
of business on May 29, 2009; written comments from members of the 
public for distribution at this meeting must reach Mr. Wood by letter, 
e-mail or fax by this same date.
    Meeting Agenda: The agenda of the meeting will include a review of 
the results of the March-April 2009 session of the UPU Postal 
Operations Council and other subjects related to international postal 
and delivery services of interest to Advisory Committee members and the 
public.
    Meeting Date: June 4, 2009 from 2 p.m. to about 5 p.m. (open to the 
public).
    Location: The American Institute of Architects (Boardroom), 1735 
New York Ave., NW., Washington, DC 20006.

    Dated: March 9, 2009.
Dennis M. Delehanty,
Designated Federal Officer, Advisory Committee on International Postal 
and Delivery Services, Foreign Affairs Officer, Department of State.
[FR Doc. E9-5747 Filed 3-16-09; 8:45 am]
BILLING CODE 4710-19-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of Meeting.

# SUMMARY:

An open meeting of the Area 6 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, April 23, 2009, Friday, April 24, 2009, and Saturday, April 25, 2009.

# FOR FURTHER INFORMATION CONTACT:

Dave Coffman at 1-888-912-1227 or 206-220-6096

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 6 Taxpayer Advocacy Panel will be held Thursday, April 23, 2009 from 1 p.m. to 4:30 p.m., Friday, April 24, 2009 from 8:30 a.m. to 4:30 p.m., and Saturday, April 25, 2009 from 8:30 a.m. to 11:30 a.m. Pacific Time in Seattle, Washington. The public is invited to make oral comments or submit written statements for consideration. Notification of intent to participate must                           ( print page 11817)                        be made with David Coffman. For more information please contact Mr. Coffman at 1-888-912-1227 or 206-220-6096, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: March 9, 2009.

Shawn F. Collins, 

Acting Director, Taxpayer Advocacy Panel.

 [FR Doc. E9-5946 Filed 3-18-09; 8:45 am]

BILLING CODE 4830-01-P
Executive Long-Term Incentive Program Grant (Officers) Award Summary



 EXHIBIT 10(e)(23) 
  

 

 

 Executive Long-Term 
 Incentive Program Grant (Officers) 
 Award Summary 
  

			
	«First Name» «Last Name»	  	
		
	Date of agreement and award:	  	<<Grant Date>>
		
	Approved Value:	  	<<Approved Value>>
		
	Performance Shares	  	
		
	Number of Performance Shares:	  	<<# Performance Shares>>
		
	Vesting Date of All Performance Shares Earned:	  	<<3 yrs. from grant date>>
		
	Performance Shares Earned if Annual Target Performance is Achieved:	  	1/3 of grant on: <<one, two and three yrs. from grant date>>
		
	Performance Shares Earned if Three-Year Cumulative Performance between Threshold and Maximum is Achieved:	  	25% – 150% of grant (net of shares earned for Annual Achievement) on <<3 yrs. from grant date>>

 Automatic Deferral: If the deduction for delivery of shares would be limited by section 162(m) of the Internal Revenue Code (“Code”), shares will automatically be deferred until the Committee reasonably
believes that the deduction will no longer be limited by section 162(m), unless otherwise required or permitted under Code section 409A. Notwithstanding the above, in no event shall shares of Common Stock be delivered prior to the Vesting Date set
forth above. 
  

	*	Subject to the terms and conditions described in the Omnibus Agreement – 2010: PIP;ELTIP;PSs 

  

	*	Performance measures which may include, but are not limited to, continuous service with the Company, achievement of specific business objectives, and other measurements of
individual, business unit or Company performance shall be determined by the Committee in its sole discretion. 

 Xerox
Personal Confidential
### SERVED: June 

### 13, 2014
U.S. DEPARTMENT OF TRANSPORTATION

. OFFICE OF HEARINGS WASHINGTON, DC
IN THE MATTER OF HOTTON ENTERPRISES,.INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1081
AMENDED PROCEDURAL ORDER Paragraphs #2 and #3 ofthe Procedural Order are amended as follows: 

### l914 JUri Ib A 

## '1: 34

WHEREFORE, 

### the parties be and are hereby ORDERED 

### to adhere to the following procedural schedule: 1. On orbefore September 1, 2014, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to productionrequests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in atimely manner; 2. The parties shall be prepared to present this case at ahearing on or after September 1, 2014, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List 

### 1

### .....

SERVICELIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington,DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Timothy I. McCulloch, Respondent's Counsel Hinshaw & Culbertson LLP 3200 North Central Avenue, Suite 800 Phoenix, AZ 85012 TEL: 602-631-4400 FAX: 602-631-4404 EMAIL: tmcculloh@hinshawlaw.com Ashok Vij, President/CEO ONE COPY

Hotton Enterprises, Inc. d/b/a/ Premier Aviation, Respondent 1951 East Airport Drive Tucson, AZ 85756 TEL: 520-907-8926 FAX: NOT PROVIDED Adam Runkel, Complainant's Counsel Office ofthe Regional Counsel, Western-Pacific Region, APW-7.12

.Federal Aviation Administration

P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 425-227-2914 FAX: 310-725-6816 The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-1081 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby 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.
Deanna OWENS, Respondent, v. Michael OWENS, Appellant.

WD 80724

Missouri Court of Appeals, Western District.

Filed: September 11, 2018

Antony V. Jones, Overland Park for appellant.

Les D. Wight, II, Independence for respondent.

Before Division Two: Karen King Mitchell, P.J., and Alok Ahuja and Edward R. Ardini, Jr., JJ.

**ORDER**

PER CURIAM:

The Circuit Court of Jackson County entered a judgment dissolving the marriage of Michael Owens ("Husband") and Deanna Owens ("Wife"). Husband appeals, arguing that the circuit court's judgment is internally inconsistent concerning the amount of child support awarded to Wife, and concerning the disposition of the marital home and the debt associated with the marital home. Due to the purported inconsistencies in the judgment, Husband argues that the judgment should be vacated, and a new trial ordered. We affirm. Because a published opinion would have no precedential value, we have provided the parties an unpublished memorandum setting forth the reasons for this order. Rule 84.16(b).