alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mastin v. Sloan *et al.*

Prohibition. The writ of prohibition should issue only in circumstances where the ordinary remedies are inadequate to the ends of justice. Where an appeal or writ of error furnishes a complete and effective remedy for any error of the inferior court, this extraordinary remedy should be denied.

*Prohibition.*

Weit denied.

Plaintiff is. surety on a bond filed in the circuit court on the making of a temporary restraining order in the suit of Nolan, Adm’r, *v.*Jones. The principal in the bond is Nolan as administrator, plaintiff in that proceeding. The temporary injunction was dissolved. Defendant Jones then filed a motion for an assessment of damages upon the bond (sustained by reason of the restraining order) in pursuance of the Missouri statute. (R. S. 1879, sec. 2712.) That motion is now pending in the trial court.

During the proceedings the circuit court made certain orders, the purpose of which was to substitute one Bell, administrator, as plaintiff in the stead of Nolan, administrator. The particulars of these orders are not now material here. The court’s action in that regard is claimed by Mastín (the present petitioner for a writ of prohibition) to have had the effect of terminating the jurisdiction of the trial court over the pending motion for damages on the injunction bond. The contention is that the original suit has abated and that the court should be prohibited from proceeding further with it.

*Boggess & Moore*and *T. A. FranJc Jones*for petitioner.

*Graves & Aull*and *J. D. Shewalter contra.*

*253Barclay, J.

— This is plainly no case for the issue of a writ of prohibition. S hould the trial court enter a finding and judgment for damages against petitioner , and the other sureties on the injunction bond, any one of them aggrieved may review that result by appeal or writ of error on taking proper steps to that end. Any error that court may make in determining the proper limits of its jurisdiction in the premises can be effectively corrected by any of the usual modes of reviewing judgments. The writ of prohibition should issue only in circumstances where the ordinary remedies are inadequate to the ends of justice. Where, as here, an appeal or writ of error furnishes a complete and effective remedy for any error of the court below, prejudicial to the rights of a party, this extraordinary remedy should be denied. That will be the order here.

The other judges, except Sherwood, J., absent, concur.
Amendment No.1 to Asset Purchase Agreement



 Exhibit 10.28 
 AMENDMENT NO. 1 
 TO 
 ASSET PURCHASE AGREEMENT 
 This Amendment No. 1 (the
“Amendment”), dated as of November 12, 2008 amends that certain Asset Purchase Agreement dated as of September 15, 2008 (the “Agreement”) by and among Green Mountain Coffee Roasters, Inc., a Delaware
corporation (the “Buyer”), Tully’s Coffee Corporation, a Washington corporation (the “Seller Parent”) and Tully’s Bellaccino, LLC, a Washington limited liability company (the “Seller
Subsidiary” and together with the Seller Parent, “Seller”). Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Agreement. 
 WHEREAS, the parties to this Amendment desire to amend the Agreement as provided herein. 
 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby as follows:

 1. Amendment of Section 8.1(b)(ii). 
 1.1 Section 8.1(b)(ii) of the Agreement is hereby amended by deleting the date “December 31, 2008” in the first line thereof and inserting in lieu thereof the date “February 9, 2009”.

 1.2. Section 8.1(b)(ii) of the Agreement is hereby amended by deleting the date “February 15, 2009” in the ninth line
thereof and inserting in lieu thereof the date “March 24, 2009”. 
 2. The parties hereby agree that the Escrow Agent shall be an
escrow agent to be mutually agreed upon by the Buyer and the Seller. 
 3. Except as amended hereby, the Agreement is hereby ratified and
confirmed and shall remain in full force and effect. 
 4. This Amendment may be executed in several counterparts, each of which shall be
deemed an original and all such counterparts shall constitute one and the same agreement. Facsimile copies of signed signatures will be deemed binding originals. 







 IN WITNESS WHEREOF, each of the undersigned has executed this Amendment as an agreement under seal as of the date first
above written. 
  

					
	THE BUYER:	 	GREEN MOUNTAIN COFFEE ROASTERS, INC.
			
		 	By:	 	 /s/ Lawrence J. Blanford

		 	Name:	 	Lawrence J. Blanford
		 	Title:	 	President and Chief Executive Officer

 Signature Page to Amendment 








							
	THE SELLER PARENT:	 	TULLY’S COFFEE CORPORATION
			
		 	By:	 	 /s/ Tom T. O’Keefe

		 	Name:	 	Tom T. O’Keefe
		 	Title:	 	Chairman of the Board and Director
		
	THE SELLER SUBSIDIARY:	 	TULLY’S BELLACCINO, LLC
		
		 	 By: TULLY’S COFFEE CORPORATION,

		 		 	 Its Sole Member

				
		 		 	By:	 	 /s/ Tom T. O’Keefe

		 		 	Name:	 	Tom T. O’Keefe
		 		 	Title:	 	Chairman of the Board and Director

 Signature Page to Amendment
#### In the Matter of Robert V.C., Appellant, v Polly V.H., Respondent.

[942 NYS2d 349]

Order, Family Court, Bronx County (Clark V Richardson, J.), entered on or about September 10, 2008, which, upon the parties’ respective objections to the Support Magistrate’s order, entered June 3, 2008, dismissing petitioner’s petition for a downward modification in child support, vacated the June 3, 2008 order and reinstated a June 30, 2006 support order of $1,817 per month, unanimously affirmed, without costs.

Petitioner failed to show a substantial change in circumstances warranting a downward modification of the support award *(see Matter of Sullivan v Sullivan,*22 AD3d 415 [2005]). He provided no documentation to substantiate his claimed income or his claimed receipt of public assistance. He failed to produce an up-to-date diary detailing his job search for work commensurate with his training and experience *(see O’Brien v McCann,*249 AD2d 92 [1998]).

Petitioner was properly advised of his right to counsel. We have considered petitioner’s remaining contentions and find them unavailing. Concur — Gonzalez, PJ., Saxe, Sweeny, Acosta and Renwick, JJ.
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UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA 

6:14-cr-00336-AA 

v. 

DANIEL STADELMAN, ORDER TO DEPOSIT FUNDS 

Defendant. 

Upon motion of the United States, the Court being advised as to the nature of this case, 

and there being no objection by the parties, 

1. The Clerk is directed to accept defendant Stadelman's cashier's check, made 

payable to the Clerk, U.S. District Court- Oregon, in the amount of $20,000.00, and to deposit 

these monies into the Court Treasury Registry, on behalf of defendant Stadelman to be held for 

.restitution due and owing, until fmther order from this Court pending the judgment of conviction 

and restitution order. 

2. Counsel presenting this Order must serve a copy personally on the Clerk of the 

Court and on the Clerk's Financial Administrator, before the Clerk will take any action on this 

Order. 

Case 6:14-cr-00336-AA Document 17 Filed 04/15/15 Page 1 of 2
',' .1, ,I 

'!,:' 

3. The Clerk of the United States District Court for the District of Oregon is 

absolved of any liability by compliance with this Order. 

4. It shall be counsel's responsibility to confirm any action required by the Order to 

be perfoJmed by the Clerk or her designee. 

IT IS SO ORDERED thii~ay ofMarch, 2015. 

~GL__j 

PRESENTED BY: 

S. AMANDA MARSHALL, OSB #953473 

United States Attomey 

Distri~.t Oregon / ,. 

// .--~;z/t;,·__.,,,-

mala R. Holsinger, OSB 

Chief, Criminal Division 

For ront't n~" Onlv• 

APPROVED AS TO FORM 

Mary L. Moran, Clerk of Co1.11i 

&ftad~/J By: Financial Administrator 

THE HONORABLE ANN AIKEN 

UNITED STATES DISTRICT JUDGE 

----....... - ....... ·--·-- •·-

Case 6:14-cr-00336-AA Document 17 Filed 04/15/15 Page 2 of 2
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 Oak Hill Financial, Inc. (the "Company")
      on Form 10-Q for the period ending June 30, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, R. E. Coffman,
      Jr., President and Chief Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. § 1350, as adopted pursuant to § 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; and




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




*/s/
      R. E. Coffman, Jr.*




R.
      E.
      Coffman, Jr.


President
      & Chief Executive Officer




July
      31,
      2007
#### In the Matter of Jocelyn J., Respondent, v Francois J., Appellant.

[941 NYS2d 516]

In two paternity proceedings pursuant to Family Court Act article 5, the father appeals from two orders of filiation (one as to each child) of the Family Court, Kings County (O’Shea, J.), both dated February 8, 2011, which, upon a decision of the same court dated February 8, 2011, made after a hearing, adjudicated him to be the father of the subject children based on the doctrine of equitable estoppel.

Ordered that the notice of appeal from the orders of filiation is deemed to be an application for leave to appeal from the orders of filiation, and leave to appeal is granted *{see*Family Ct Act § 1112 [a]); and it is further,

Ordered that the orders of filiation are affirmed, without costs or disbursements.

Based on the testimony adduced at the hearing, the best interests of the subject children support the Family Court’s application of the doctrine of equitable estoppel in determining that the appellant was the father of the children, and in denying his request for a genetic marker test *(see*Family Ct Act § 532 [a]; *Matter of Wanda M. v Lawrence T.,*80 AD3d 765 [2011]; *Matter of Smythe v Worley,*72 AD3d 977 [2010]). Skelos, J.P., Belen, Lott and Miller, JJ., concur.
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 Wheat, Sorghum and Forage Research: Lincoln, NE
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1 In The 

### Court of Appeals Ninth District of Texas at Beaumont

_________________

NO. 09

- 14

- 00 438

- CV



### _________________

IN RE K.W .M.

________________________________________________________________________ Original Proceeding

________________________________________________________________________ MEMORANDUM OPINION
In a prior appeal of a modification order in a suit affecting the parent

- child
relationship, we affirmed the trial court’s judgment in part and reversed in part and
we remanded the case to the 252nd District Court of Jefferson County, Texas. See

In re A.K.M. , No. 09

- 12

- 00464

- CV, 2014 WL 809007 , at *17 (Tex. App.

—

Beaumont Feb. 27, 2014, pet. denied) (mem. op.). In a petition for wri t of
mandamus and prohibition, K.W .M. asks this Court to clarif y the issues the
visiting judge assigned to hear the case may decide upon remand, and further asks
this Court to prohibit the trial court from exceeding the scope of the remand . After2 reviewing the petition and appendix, the Court denies the petition. See Tex. R.
App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on October 8 , 2014 Opinion Delivered October 9 , 20 14
Before McKeithen, C.J., Kreger and Horton, JJ.
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

WESLEY J. RICHARDSON,

Plaintiff,

v. 

CAROLYN W. COLVIN, Acting

Commissioner of Social Security,

Defendant.

Case No. 6:15-cv-00428-KI

JUDGMENT

Kathryn Tassinari

Robert A. Baron

Harder, Wells, Baron & Manning, P.C.

474 Willamette, Ste. 200

Eugene, OR 97401

Attorneys for Plaintiff

Billy J. Williams

United States Attorney

District of Oregon

Page 1 - JUDGMENT

Case 6:15-cv-00428-KI Document 23 Filed 05/06/16 Page 1 of 2
Janice E. Hebert

Assistant United States Attorney

1000 SW Third Ave., Ste. 600

Portland, OR 97204-2902

John C. Lamont

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Ave., Ste. 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

Based on the record, IT IS ORDERED AND ADJUDGED that the decision of the

Commissioner is affirmed and this case is dismissed.

IT IS SO ORDERED.

DATED this 6th day of May, 2016. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

Page 2 - JUDGMENT

Case 6:15-cv-00428-KI Document 23 Filed 05/06/16 Page 2 of 2
#### In re CADY et al.

(Supreme Court, Appellate Division, Second Department.

January 21, 1896.)

Applications by Daniel L. Cady, Hyacinte Ringrose, H. Digby Johnson, and Isaac A. Hourwich to be admitted to practice as attorneys.

No opinion. Applications granted..
#### In the Matter of Echo W. Dixon, Petitioner, v State of New York et al., Respondents.

[948 NYS2d 841]

— The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements. Concur — Saxe, J.P., Friedman, Renwick, DeGrasse and Richter, JJ.
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Exhibit 32
 
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
 906 OF THE SARBAENES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of American Commerce Solutions, Inc. (the 'Company') on Form 10-QSB for the three months ended August 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the 'Report'), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbaenes-Oxley Act of 2002, that to such officer's knowledge: Section 13(a)
 
 (1)  The Report fully complies with the requirements of Section 13 (a) of Section 15 (d) of the Securities 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 as of the dates and for the periods expressed in the Report.
 
 In accordance with the Exchange Act, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
 **AMERICAN COMMERCE SOLUTIONS, INC.**Date: October 15, 2004
By:
/s/ Robert E. MaxwellRobert E. MaxwellTitle: Chairman of the Board & Director Date: October 15, 2004
By:
/s/ Daniel L. HefnerDaniel L. HefnerTitle: Chief Executive Officer, President & Director Date: October 15, 2004
By:
/s/ Frank D. PuissegurFrank D. PuissegurTitle: Chief Financial Officer (Principal Financial Officer) and Director
Electronically Filed Intermediate Court of Appeals CAAP-17-0000518 27-OCT-2017 10:47 AM