alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CHARLESTON.

#### Nellie B. Tompkins *et al. v.*County Court of Kanawha County

(No. 5710)

Submitted April 19, 1927.

Decided April 26, 1927

*Injunction*— One *Seeking Injunction Against Alleged Trespasser Must Allege and Prove at Least Possessory Title to Locus in Quo.*

A party seeking equitable relief .against one alleged to be a trespasser must allege and prove at least a possessory title in himself to the *locus in quo.*

Appeal from Circuit Court, Kanawha County.

Suit by Nellie B. Tompkins and others against the County Court of Kanawha County. From a judgment for plaintiffs, defendant appeals.

*•Reversed and remanded.*

*E. S. Book*and *Murray Briggs,*for appellant.

*A. J. Horan, Brown, Jackson & Knight,*and *B. B. Brown,*for appellees.

Woods, Judge:

This is a suit to enjoin the county court of Kanawha county from committing further alleged trespass on what plaintiffs claim to be a private lane over an alleged forty-nine acre ■tract owned by them,, and for general relief from certain alleged injuries already committed thereon by said county count. Its demurrer being overruled, the defendant answered, denying every material allegation of the bill, and setting up the public character of the roadway in question. The circuit court found for the plaintiffs and perpetually enjoined said county court from entering upon said lane, assuming any control over the same or interfering with plaintiffs in the free and full use thereof.

*482Ownership of the forty-nine acre tract and the alleged private lane described in the bill was put in issue by defendant’s answer, and the right to possession is directly challenged, so far as the roadway is concerned, by evidence as to its public character. “A party seeking equitable relief against one alleged to be a trespasser must allege and prove at least a pos-sessory title in himself to the *locus in quo.”*1 Spel. Ex. Rel. § 364. There is no proof in the record showing that the plaintiffs have any present title or right to possession whatsoever to that portion of the property upon which they claim trespasses were committed, or that the tract described in the bill belonged to them. The decree must therefore be reversed and the cause remanded. Since both sides may develop their respective contentions more fully on a retrial, we do not deem it necessary to comment on the probative force of the defendant’s evidence relating to the public character of the road.

*Reversed cmd remanded.*
<PAGE>

                                                                      EXHIBIT 11

                         BAY VIEW CAPITAL CORPORATION
                   COMPUTATION OF PER SHARE EARNINGS (LOSS)



<TABLE>
<CAPTION>
                                                     -------------------------------------------------------------------------------
                                                                                     At December 31,
                                                     -------------------------------------------------------------------------------
                                                          2000              1999               1998              1997           1996
                                                     ---------           -------            -------           -------       --------
                                                                         (Amounts in thousands, except per share amounts)
<S>                                                  <C>                 <C>                <C>               <C>           <C>
Basic earnings (loss) per share:
 Net earnings (loss) available to
  common shareholders                                $(326,197)          $28,964            $22,719           $14,021       $ 10,969
 Weighted average shares outstanding/(1)/               32,634            21,169             20,035            12,860         13,703
                                                     ---------           -------            -------           -------       --------
 Basic earnings (loss) per share                     $  (10.00)          $  1.37            $  1.13           $  1.09       $   0.80
                                                     =========           =======            =======           =======       ========

Diluted earnings (loss) per share:
 Net earnings (loss) available to
  common shareholders                                $(326,197)          $28,964            $22,719           $14,021       $ 10,969

 Weighted average shares outstanding/(1)/               32,634            21,169             20,035            12,860         13,703
 Dilutive potential common shares/(1)/                       -               146                300               343            197
                                                     ---------           -------            -------           -------       --------
 Diluted weighted average shares
  outstanding/(1)/                                      32,634            21,315             20,335            13,203         13,900
                                                     ---------           -------            -------           -------       --------
 Diluted earnings (loss) per share                   $  (10.00)          $  1.36            $  1.12           $  1.06       $   0.79
                                                     =========           =======            =======           =======       ========
</TABLE>

/(1)/ Amounts have been adjusted for a 2-for-1 stock split in the form of a 100%
      stock dividend paid June 1997.
I 

109TH CONGRESS 

2D SESSION H. R. 5086 

To designate the facility of the United States Postal Service located at 

2633 11th Street in Rock Island, Illinois, as the ‘‘Lane Evans Post 

Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2006 

Mr. LAHOOD (for himself, Mr. HASTERT, Mr. RUSH, Mr. JACKSON of Illinois, 

Mr. LIPINSKI, Mr. GUTIERREZ, Mr. EMANUEL, Mr. HYDE, Mr. DAVIS of 

Illinois, Ms. BEAN, Ms. SCHAKOWSKY, Mr. KIRK, Mr. WELLER, Mr. 

COSTELLO, Mrs. BIGGERT, Mr. JOHNSON of Illinois, Mr. MANZULLO, and 

Mr. SHIMKUS) introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 2633 11th Street in Rock Island, Illinois, 

as the ‘‘Lane Evans Post Office Building’’. 

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

3 SECTION 1. LANE EVANS POST OFFICE BUILDING. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 2633 11th Street in Rock Island, 

6 Illinois, shall be known and designated as the ‘‘Lane 

7 Evans Post Office Building’’. 


rfake on PROD1PC77 with BILLS
2 

•HR 5086 IH 

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Lane Evans Post Of5 fice Building’’. 

Æ 


rfake on PROD1PC77 with BILLS
IN the INTEREST OF: M.Q.L.H., Plaintiff,

Juvenile Officer, Respondent, v. D.Q.H. (Father), Appellant.

WD 81236

Missouri Court of Appeals, Western District.

Order filed: June 26, 2018

Robert J. Seek, Eldon, for Respondent.

Kimberly Kollmeyer, for Appellant.

Before Division Three: Victor C. Howard, Presiding Judge, Cynthia L. Martin, Judge and Gary D. Witt, Judge

***ORDER***

PER CURIAM:

Father appeals from the judgment of the Miller County Circuit Court terminating parental rights to his child. In his sole point on appeal, Father claims the trial court erred because the facts do not satisfy the statutory requirements for termination of parental rights and the best interest determination. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).
**Exhibit 32.2**

 

Certification of CFO under Section 906 of the Sarbanes-Oxley Act of2002

* *

*I certify that this periodic reportcontaining the issuer’s financial statements fully complies with therequirements of section 13(a) or 15 (d) of the Securities Exchange Act of1934 (15 U.S.C. 78m or 78o(d)) and that information contained in this periodicreport fairly presents, in all material respects, the financial condition andresults of operations of the issuer.*

 

 
|   |                                                | *By: /s/ John F. Coger* |   |
|--------|-----------------------------------------------------|-------------------------|--------|
|   |                                                |
|   | *Executive Vice President, Chief Financial Officer* |
|   |                                                |
|   | *Date:*                                             | *August 11, 2003*       |   |
|        |                                                     |                         |        |  |

 

----
Ecker t Seaman s Cheri n & Mellott , LL C 171 7 Pennsylvani a Avenue , N W 12t h Floo r Washington , D.C
. 2000 6 TE L20 2 65 9 660 0 FA X 20 2 65 9 669 9 www.eckertseamans.co m Evely n D
. Sah r Direc t Dial ; 202-659-662 2 E-mail : esahr@eckertseamans.co m Apri l 27 , 201 0
Chie f Documentary Service s Divisio n Unite dState s Departmen t o f Transportatio n 120 0 Ne w Jerse y Ave , S E Washington , D C 2059 0 Re : Addres s Chang e Dear Sir/Madame : 

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Pursuan t t o 4 9 U.S.C
. § 46103, 1 amth e designate dagen t for servic e o f

notice , process , orders , decision s an drequirement s for th e followin g airline s i nDO T docke t OST-2002-12556 : Carrie r Ai r Pacifi c Limite d Aladi aAirlines , S.A
. d e C.V
. Aviatio n Matter s Inc
. d/b/ a Pacificflier Brussel s Airline s C.A.L
. Carg o Ai r

Line s Ltd
. Chin aCarg o Airlines , Ltd
. Chin aEastern Airline s Corporatio n Limite d Hi-Fl y Transporte s Aereo s Kuwai t Airway s Corporatio n Le s Investment s Nolino r

Inc
. d/b/ a Nolino r an do r Nolino r Aviatio n Neo s S.p.A
. Swis s Internationa l Ai r

Lines , Lt d Docke t No
. OST-2002-12556-022 8 OST-2002-12556-035 6 OST-2002-12556-46 9 OST-2002-12556-25 0 OST-2002-12556-022 7 OST-2002-12556-021 7 OST-2002-12556-020 9 OST-2002-12556-44 0 OST-2002-12556-046 1 OST-2002-12556-040 7 OST-2002-12556-046 7 OST-2002-12556-7 0
M y offic e ha s recentl y relocated
. W e woul dlik e t o informth e Departmen t o f Transportatio n o f

thi s addres s change
. Th e ne w addres s i s a s follows : Evely n D
. Sahr Eckert Seaman s Cheri n & Mellott , LL C 171 7 Pennsylvani aAve
. N W12 * Floo r Washington , D.C
. 2000 6

WASHINGTON , D C BOSTON , M ACHARLESTON , W V HARRISBURG , P APHILADELPHIA , P APITTSBURGH , P A

RICHMOND , V ASOUTHPOINTE , P AWES TCHESTER , P AWHIT E PLAINS , N YWILMINGTON , D E

# msii

N S Chie f Documentary Service s Division Apri l 27 , 201 0 Pag e 2 Than k

yo u for you r assistanc e i nthi s matter . Pleas e le t m e kno w i f

yo u hav e an y question s o r

concerns . Very trul y your s 

## /^^ V Evely n D
. Sahr N O 11660 9

WASHINGTON , D C BOSTON , M ACHARLESTON , W V HARRISBURG , P APHILADELPHIA , P A

PITTSBURGH , P ASOUTHPOINTE , P AWES TCHESTER , P AWHIT E PLAINS , N YWILMINGTON , D E
Calvin DAVIS and Sherman Davis, Appellants, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Respondent.

No. ED 105469

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: January 9, 2018 Rehearing and/or Transfer Denied April 17, 2018 Application for Transfer Denied July 3, 2018

FOR APPELLANT: Kevin J. Kasper, 3930 Old Highway 94 South, Suite 108, St. Charles, MO 63304.

For Respondent: JOSHUA D. HAWLEY, Julie Marie Blake, Chelsea W. Draper, P.O. Box 899, Jefferson City, MO 65102.

Before Lisa P. Page, P.J., Roy L. Richter, J., and Philip M. Hess, J.

*ORDER*

PER CURIAM

Calvin Davis and Sherman Davis ("Appellants") filed a Petition for Discrimination and Retaliation against the Missouri Department of Mental Health (the "Department") alleging they were wrongfully terminated in violation of the Missouri Human Rights Act (the "MHRA"). The trial court entered partial summary judgment in favor of the Department finding Appellants' claims relating to the unlawful conduct on the part of the Department in its decision to terminate Appellants were dismissed because Appellants failed to exhaust their administrative remedies. Appellants proceeded to trial on their remaining claims of discrimination unrelated to termination. Following a jury trial, the trial court entered judgment pursuant to the jury's verdict denying Appellants' remaining claims. Appellants appeal from the trial court's judgment in favor of the Department. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

*323The judgment is affirmed pursuant to Rule 84.16(b).
EXHIBIT 31.2
**CERTIFICATIONS**
     I, J. Roe Buckley, Chief Financial Officer of Mewbourne DevelopmentCorporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P.(the “Registrant”), certify that:
1. I have reviewed this quarterly report on Form 10-Q of Mewbourne EnergyPartners 03-A, L.P.
2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this quarterlyreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;
4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-14 and 15d-14) for the registrant and we have:
(a) designed such disclosure controls and procedures to ensure thatmaterial information relating to the registrant is made known to usparticularly during the period in which this quarterly report is beingprepared;
(b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures as of a date within 90 days prior to the filing date ofthis quarterly report (the “Evaluation Date”); and
(c) presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures based on ourevaluation as of the Evaluation Date;
5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent function):
(a) all significant deficiencies in the design or operation of internalcontrols which could adversely affect the registrant’s ability to record,process, summarize and report financial data and have identified for theregistrant’s auditors any material weaknesses in internal controls; and
(b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrols; and
6. The registrant’s other certifying officers and I have indicated in thisquarterly report whether or not there were significant changes in internalcontrols or in other factors that could significantly affect internal controlssubsequent to the date or our most recent evaluation, including any correctiveactions with regard to significant deficiencies and material weaknesses.   Date: November 11, 2004      /s/ J. Roe Buckley   J. Roe Buckley Chief Financial Officer Mewbourne Development Corporation, Managing General Partner of the Registrant
17
Exhibit 10.23












Exhibit 10.23




February 4, 2010




Thomas L. Monahan, III


Chairman of the Board and Chief Executive Officer


The Corporate Executive Board Company


1919 North Lynn Street


Arlington, VA 22209





	 	Re:	 	Collaboration Agreement, dated as of February 6, 2007, by and between The
Corporate Executive Board Company and The Advisory Board Company (the “Collaboration
Agreement”)






Dear Tom:




This letter confirms that The Corporate Executive Board Company (“CEB”) and The Advisory Board
Company (“ABCO”) have agreed to extend the Initial NP Term and the Initial EC Term (as such terms
are defined in the Collaboration Agreement) through February 5, 2012 as contemplated by Sections
3.3(a) and 3.4(a) of the Collaboration Agreement, respectively, effective as of February 4, 2010.



Please indicate your agreement with the foregoing by signing and returning one copy of this
letter to my attention, which shall constitute CEB’s and ABCO’s agreement with respect to the
subject matter hereof.



	 	 	 	 	 
	 	Very truly yours,

 	 
	 	/s/ Robert W. Musslewhite
 	 
	 	Robert W. Musslewhite 	 
	 	Chief Executive Officer 	 



	 	 	 	 	 
	ACCEPTED AND AGREED:	 	 
	 
	 	 	 	 
	THE CORPORATE EXECUTIVE BOARD COMPANY	 	 
	 
	 	 	 	 
	By:

	 	/s/ Thomas L. Monahan, III	 	 
	 

	 	 

Thomas L. Monahan, III
	 	 
	 

	 	Chairman of the Board and Chief Executive Officer
**Exhibit 32**

 

**CERTIFICATIONS**

 

The undersigned certifypursuant to 18 U.S.C. § 1350, that:

 

(1)                                  The accompanying Quarterly Report on Form10-QSB for the period ended June 30, 2003, fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)                                  The information contained in the accompanyingReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| Date:  | August 14,  2003 |      | /s/  Floyd A. Schultz |
|--------|-----------------------|-----------|-----------------------|
|   |                  | President |
|   |                  |      |
|   |                  |      |
| Date:  | August 14,  2003 |      | /s/  Douglas G. Foss  |
|   |                  | Treasurer |

 

----
Summary of Increases in Compensation for Non-management Directors



 Exhibit 10.22 
 Summary of Increases in Compensation 
 for
Non-management Directors 
 Reinstatement of Previously Approved Board and Committee Fees 
 On February 5, 2009, the Board of Directors (the “Board”) of Genesee & Wyoming Inc. (the “Company”), in recognition of the
weak economic environment, voluntarily reduced the previously-established 2009 compensation for non-management directors by 5%. 
 At a Board
meeting held on February 4, 2010, the Board reinstated the original 2009 compensation for non-management directors without the 5% reduction. Going forward, each of our non-management directors will receive an annual cash retainer of $30,000,
with an additional fee of $2,000 for each Board meeting the director attends in person and $1,000 for each Board meeting the director attends telephonically. Directors who serve on a Board committee will receive a $1,000 fee for each committee
meeting attended in person and a $1,000 fee for each committee meeting attended telephonically. In addition, the Chairman of the Audit Committee is entitled to receive an additional annual retainer of $10,000, and the Chairman of the Governance
Committee and the Chairman of the Compensation Committee each receive an additional annual retainer of $5,000. These fees are pro-rated and paid quarterly. 
 Restricted Stock Grants 
 On February 5, 2009, the Board voluntarily reduced the
previously-established annual grants of restricted stock made to non-management directors by 5% to a value equal to $57,000, based on a 12-month average stock price. 
 At the February 4, 2010 Board meeting, the Board reinstated the original 2009 annual grants of restricted stock made to non-management directors. We expect that for 2010 and subsequent years, grants
of restricted stock will be made on the date of the annual meeting with a value equal to $60,000, based on a 12-month average stock price. For new directors, an annual award valued at $60,000 will be made on the date on which a director joins the
Board. For the first year of a director’s three year term, the annual award will vest in three equal installments on the dates of each of the next three annual meetings. For the second year of the director’s term, one-half of the annual
restricted stock grants will vest on the date of each of the next two annual meetings. For the final year of the term, the entire amount of the annual restricted stock grant will vest on the date of the following year’s annual meeting.
ex10_54.htm


    
      

      

    

    Exhibit
10.54

    
 

    SECOND
AMENDMENT TO THE

    MASTER
NONQUALIFIED PLAN TRUST AGREEMENT

     

    THIS
SECOND AMENDMENT (this “Second Amendment”) to the Master Nonqualified Plan Trust
Agreement (the “Trust Agreement”) by and between Weingarten Realty Investors, a
real estate investment trust organized under the laws of the State of Texas (the
“Company”) and Reliance Trust Company, a trust company organized under the laws
of the State of Georgia (the “Trustee”) is hereby adopted, effective as stated
herein.

     

    W I T N E S S E T H:

     

    WHEREAS,
the Company and the Trustee entered into the Trust Agreement on August 1, 2006;
and

     

    WHEREAS,
Section 13(a) of the Trust Agreement provides for the amendment of the Trust
Agreement by written instrument executed by the Company and the Trustee;
and

     

    WHEREAS,
the Company has notified the Trustee of the Company’s removal of the Trustee
under the Trust Agreement with respect to the Weingarten Realty Investors
Deferred Compensation Plan, effective as of the close of business August 31,
2009; and

     

    WHEREAS,
it is the intention of the Company that the Trustee continue to serve as Trustee
under the Trust Agreement with respect to the Weingarten Realty Investors
Supplemental Executive Retirement Plan and the Weingarten Realty Investors
Retirement Benefit Restoration Plan; and

     

    WHEREAS,
the Company and the Trustee now desire to amend the Trust Agreement to reflect
such change;

     

    NOW,
THEREFORE, Exhibit A to the Trust Agreement is hereby amended, effective as of
the close of business August 31, 2009, to be and read as follows:

     

    


     

    “EXHIBIT A

     

    PARTICIPATING
PLANS

     

    Weingarten
Realty Investors Supplemental Executive Retirement Plan

     

    Weingarten
Realty Investors Retirement Benefit Restoration Plan”

     

    


     

    Except as
specifically amended hereby, the Trust Agreement shall remain in full force and
effect as prior to this Second Amendment.

     


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    IN
WITNESS WHEREOF, the Company and the Trustee have caused this Second Amendment
to be duly executed as of the 4th day
of August, 2009.

     

    
      
        	 	
                WEINGARTEN
      REALTY INVESTORS

              	 
	 	 	 	 
	
                 

              	
                By:
      

              	/s/ Stephen
      C. Richter	 
	 	 	Stephen
      C. Richter	 
	 	Its:	Executive
      Vice Pres., Chief Financial Officer	 
	 	 	 	 


      

       

      
        	 	
                
                  RELIANCE
      TRUST COMPANY

                

              	 
	 	 	 	 
	
                 

              	
                By:
      

              	/s/ Lorraine
      K. Saunders	 
	 	 	Lorraine
      K. Saunders	 
	 	Its:	Trust
      Officer	 
	 	 	 	 


      

    

     

     

    
      


      -2-