alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(18 Misc. Rep. 351.)

#### EBENREITTER v. DAHLMAN et al.

(City Court of New York,

General Term.

November 2, 1896.)

Conversion of Goods—Proof of Damages.

In an action for the wrongful seizure of a stock of goods plaintiff may show wliat profit she could have realized on a sale of the goods.

Appeal from trial term.

Action by Augusta Ebenreitter against Julius Dahlman and Isaac Marx, substituted defendants, for damages for the wrongful taking of goods owned by plaintiff. From a judgment in favor of plaintiff, defendants appeal. Affirmed.

Argued before VAJST WYCK, C. J., and FITZSIMOES and SCHÚCHMAN, JJ.

O. I. Wise, for appellants.

A. H. Berrick, for respondent.

FITZSIMONS, J.

This is an action for damages for the wrongful talcing of certain goods and chattels owned by the plaintiff. The defendants were sued as indemnitors of the sheriff, and were substi*560tuted as defendants in Ms stead, as provided for by the Code of Civil Procedure. This appeal is based upon the theory that plaintiff failed to establish her claims as owner, that it was not proper to admit testimony establishing a loss of prospective profits, and upon certain alleged errors in the admission or exclusion of evidence and in the justice’s charge. There is abundant evidence proving the plaintiff to be the owner of the goods in question, and the value of the same. Of course, this was denied by the defendants’ witnesses, and the issue of fact so made was for the decision of the jury, and their finding in plaintiff’s behalf we shall not disturb. The business earned on by the plaintiff at the time of taking was that of a retail butcher. The stock then on hand and the fixtures in the store were seized and sold by the sheriff. It was proper for the trial justice to allow testimony that would certainly show what profit the plaintiff could have realized upon the sale of the stock owned by her and so taken, and to no greater extent was testimony offered. Such testimony was properly allowed. Schile v. Brokhahus, 80 N. Y. 614. We find no error made in the admission or exclusion of evidence as to the judge’s charge. It was a very fair, full, and impartial one, and, in our opinion, correctly submitted to the jury. The rules of law applicable to this action, besides defendants’ requests to charge, covering, as they do, about 15 folios, were all charged as requested. Not content with this, after the retirement of the jury they made other requests to charge, covering several folios. Every request charged in plaintiff’s behalf by the court, at the request of her counsel, was excepted to by the defendants’ counsel; but, even after all this, we have discovered no error in the charge.

The judgment therefore is affirmed, with costs. All concur.
Exhibit 10.21
 APPENDIX B
to
PROSPECTUS DATED October 28, 2008
 CHS Inc.
Deferred Compensation Plan
 This Appendix B is dated _October 28, 2008.
  This document constitutes part of a prospectus covering securities that
have been registered under the Securities Act of 1933.
 RATES OF RETURN FOR THE INVESTMENT FUNDS
   Fund Name/Ticker
    
    2007
    
    2006
    
    2005Vanguard Prime Money Market Fund
    
    
    5.14
    %
    
    
    4.88
    %
    
    
    3.01
    %Vanguard LifeStrategy Income Fund
    
    
    6.70
    %
    
    
    7.93
    %
    
    
    3.23
    %Vanguard LifeStrategy Conservative Growth Fund
    
    
    6.99
    %
    
    
    10.62
    %
    
    
    4.45
    %Vanguard LifeStrategy Moderate Growth Fund
    
    
    7.36
    %
    
    
    13.31
    %
    
    
    5.69
    %Vanguard LifeStrategy Growth Fund
    
    
    7.46
    %
    
    
    16.13
    %
    
    
    6.88
    %Fixed Income Fund
    
    
    2009:6.70
    %
    
    
    N/A
    
    
    
    N/A
    
    
    
    N/ATen-Year T-Note Fund*
    
    
    2008:5.83
    %
    
    
    5.70
    %
    
    
    5.39
    %
    
    
    5.22
    %
 
 *
    
    Effective January 1, 2009 the Ten-Year T-Note Fund is replaced with the Fixed Income
Fund.
II

Calendar No. 391

105TH CONGRESS

2D SESSION S. 1531

To deauthorize certain portions of the project for navigation, Bass Harbor,

Maine.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 13, 1997

Ms. SNOWE introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

JUNE 1, 1998

Reported by Mr. CHAFEE, without amendment

A BILL

To deauthorize certain portions of the project for navigation,

Bass Harbor, Maine.

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

3 SECTION 1. BASS HARBOR, MAINE.

4 (a) DEAUTHORIZATION.—The portions of the project

5 for navigation, Bass Harbor, Maine, authorized on May

6 7, 1962, under section 107 of the River and Harbor Act

7 of 1960 (33 U.S.C. 577), that are described in subsection
2

S 1531 RS

1 (b) are not authorized after the date of enactment of this

2 Act.

3 (b) DESCRIPTION.—The portions of the project re4 ferred to in subsection (a) are described as follows:

5 (1) Beginning at a bend in the project,

6 N149040.00, E538505.00, thence running easterly

7 about 50.00 feet along the northern limit of the

8 project to a point N149061.55, E538550.11, thence

9 running southerly about 642.08 feet to a point,

10 N148477.64, E538817.18, thence running south11 westerly about 156.27 feet to a point on the westerly

12 limit of the project, N148348.50, E538737.02,

13 thence running northerly about 149.00 feet along

14 the westerly limit of the project to a bend in the

15 project, N148489.22, E538768.09, thence running

16 northwesterly about 610.39 feet along the westerly

17 limit of the project to the point of origin.

18 (2) Beginning at a point on the westerly limit

19 of the project, N148118.55, E538689.05, thence

20 running southeasterly about 91.92 feet to a point,

21 N148041.43, E538739.07, thence running southerly

22 about 65.00 feet to a point, N147977.86,

23 E538725.51, thence running southwesterly about

24 91.92 feet to a point on the westerly limit of the

25 project, N147927.84, E538648.39, thence running
3

S 1531 RS

1 northerly about 195.00 feet along the westerly limit

2 of the project to the point of origin.
Calendar No. 391

105TH CONGRESS

2D SESSION S. 1531

A BILL

To deauthorize certain portions of the project for

navigation, Bass Harbor, Maine.

JUNE 1, 1998

Reported without amendment
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Plant Science Research: Raleigh, NC
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Southeast Area Raleigh, North Carolina Plant Science Research People & Locations







Pablo  Rios
                        Plant Science Research

                        




                        
                        Agricultural Research Technician
                        Phone: (919) 515-3575
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
##### 



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


(18 U.S.C. SECTION 1350)


In connection with the Annual Report of CHS Inc.
(the Company) on Form 10-K/A-1 for the fiscal
year ended August 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report),
I, John D. Johnson, President and Chief Executive Officer
of the Company, certify, 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; and                              
|
| | (2) The information contained in the Report
    fairly presents, in all material respects, the financial
    condition and result of operations of the Company.



| |                                          
| | -----------------------------------------
| | /s/ JOHN D. JOHNSON                      
| |                                          
| | John D. Johnson                          
| | President and Chief Executive
    Officer

January 20, 2004
II

105TH CONGRESS

1ST SESSION S. 1249

To allow depository institutions to offer negotiable order of withdrawal accounts to all businesses, to repeal the prohibition on the payment of

interest on demand deposits, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3, 1997

Mr. HAGEL (for himself and Mr. REED) introduced the following bill; which

was read twice and referred to the Committee on Banking, Housing, and

Urban Affairs

A BILL

To allow depository institutions to offer negotiable order

of withdrawal accounts to all businesses, to repeal the

prohibition on the payment of interest on demand deposits, and for other purposes.

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 ‘‘Small Business Bank5 ing Act of 1997’’.
2

•S 1249 IS

1 SEC. 2. AMENDMENTS RELATING TO SAVINGS AND DEMAND

2 DEPOSIT ACCOUNTS AT DEPOSITORY INSTI3 TUTIONS.

4 (a) NOW ACCOUNTS AUTHORIZED FOR ALL BUSI5 NESSES.—Section 2 of Public Law 93–100 (12 U.S.C.

6 1832) is amended to read as follows:

7 ‘‘SEC. 2. WITHDRAWALS BY NEGOTIABLE OR TRANSFER8 ABLE INSTRUMENTS FOR TRANSFERS TO

9 THIRD PARTIES.

10 ‘‘Notwithstanding any other provision of law, any de11 pository institution (as defined in section 3 of the Federal

12 Deposit Insurance Act) may permit the owner of any de13 posit or account at that institution on which interest or

14 dividends are paid to make withdrawals from such deposit

15 or account by negotiable or transferable instruments for

16 the purpose of making payments to third parties.’’.

17 (b) REPEAL OF PROHIBITIONS ON PAYMENT OF IN18 TEREST ON DEMAND DEPOSITS.—

19 (1) FEDERAL RESERVE ACT.—Section 19(i) of

20 the Federal Reserve Act (12 U.S.C. 371a) is amend21 ed to read as follows:

22 ‘‘(i) [Reserved].’’.

23 (2) HOME OWNERS’ LOAN ACT.—Section

24 5(b)(1)(B) of the Home Owners’ Loan Act (12

25 U.S.C. 1464(b)(1)(B)) is amended—
3

•S 1249 IS

1 (A) in the first sentence, by striking ‘‘sav2 ings association may not—’’ and all that follows

3 through ‘‘(ii) permit any’’ and inserting ‘‘sav4 ings association may not permit any’’;

5 (B) by inserting ‘‘(i)’’ after ‘‘(B)’’; and

6 (C) by striking ‘‘All savings’’ and inserting

7 the following:

8 ‘‘(ii) All savings’’.

9 (3) FEDERAL DEPOSIT INSURANCE ACT.—Sec10 tion 18(g) of the Federal Deposit Insurance Act (12

11 U.S.C. 1828(g)) is amended to read as follows:

12 ‘‘(g) [Reserved].’’.

Æ
#### Kim Finnan, Appellant, v Michael Finnan, Respondent.

[943 NYS2d 559]-

*822In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated August 23, 2011, as (1) granted that branch of her motion which was for an award of pendente lite maintenance only to the extent of awarding her the sum of $1,750 per week, and (2) granted that branch of her motion which was for an award of an attorney’s fee only to the extent of awarding her the sum of $5,000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs contention that the Supreme Court’s pendente lite award of maintenance was inadequate is without merit *(see*Domestic Relations Law § 236 [B] [5-a] [c] [2] [a]; *Steinberg v Steinberg,*59 AD3d 702, 705 [2009]). “Pendente lite awards should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse . . . with due regard for the preseparation standard of living” *(Levy v Levy,*72 AD3d 651, 652 [2010] [internal quotation marks omitted]). The Supreme Court providently exercised its discretion in granting tht branch of the plaintiffs motion which was for an award of pendente lite maintenance only to the extent of awarding her the sum of $1,750 per week in temporary maintenance *(see Malik v Malik,*66 AD3d 968, 968-969 [2009]). Moreover, “the proper remedy for any perceived inequity in a pendente lite award is a speedy trial” *(Frates v Frates,*68 AD3d 813, 814 [2009]).

“In a matrimonial action, an award of an attorney’s fee should be based, inter alia, on the relative financial circumstances of the parties and the relative merit of their positions” *(Ciociano v Ciociano,*54 AD3d 797, 797 [2008]; *see*Domestic Relations Law § 237 [a]). “An award of interim counsel fees ensures that the nonmonied spouse will be able to litigate the action, and do so on an equal footing with the monied spouse” *(Avello v Avello,*72 AD3d 850, 851 [2010] [internal quotation marks omitted]). Whether to award an attorney’s fee is in the discretion of the trial court *(see Prichep v Prichep,*52 AD3d 61, 66 [2008]). Here, the plaintiff failed to demonstrate that she had incurred counsel fees in the amount requested. Thus, the Supreme Court did not improvidently exercise its discretion by granting that branch of the plaintiffs motion which was for an award of an attorney’s fee only to the extent of awarding her the sum of $5,000 *(id.).*Angiolillo, J.P, Belen, Lott and Miller, JJ., concur.
# EUR-Lex - 52006AP0059 - EN

Important legal notice

*|*

# 52006AP0059

**European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on a Community Air Traffic Controller Licence (10724/2/2005 - C6-0399/2005 - 2004/0146(COD)) **

*
Official Journal 290 E , 29/11/2006 P. 0145 - 0145 *

P6_TA(2006)0059

Community Air Traffic Controller Licence ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on a Community Air Traffic Controller Licence (10724/2/2005 — C6-0399/2005 — 2004/0146(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the Council common position (10724/2/2005 — C6-0399/2005),

- having regard to its position at first reading [1] on the Commission proposal to Parliament and the Council (COM(2004)0473) [2],

- having regard to the amended Commission proposal (COM(2005)0293) [1],

- having regard to Article 251(2) of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0007/2006),

1. Approves the common position;

2. Notes that the act is adopted in accordance with the common position;

3. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

5. Instructs its President to forward its position to the Council and Commission.

[1] OJ C 320 E, 15.12.2005, p. 50.

[2] Not yet published in OJ.

--------------------------------------------------
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Bioenergy Research: Peoria, IL
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    NCAUR Homepage
                    About BER
                        Mission Statement
                                    Strategic Goals
                                    Specialized Research ResourcesSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Midwest Area Peoria, Illinois National Center for Agricultural Utilization Research Bioenergy Research People & Locations







Jessica  Boyer
                        Bioenergy Research

                        




                        
                        Program Assistant (Office Automation)
                        Phone: (309) 681-6567
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Aberdeen, Idaho
 close




            Search small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home People & Locations







Marc  Meston
                        Location Support Staff

                        




                        
                        Utility System Repairer Operator
                        Phone: (208) 510-6664
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Athens, Georgia
 close




            Search small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home People & Locations







Jeffery  Cook
                        Location Support Staff

                        




                        
                        Animal Caretaker
                        Phone: (706) 546-3462
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov