alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006191EN.01000201.xml

| 15.8.2006 | EN | Official Journal of the European Union | C 191/2 |
| --- | --- | --- | --- |

15.8.2006

EN

Official Journal of the European Union

C 191/2

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2006/C 191/02)

(Text with EEA relevance)

Date of adoption:

Member State: Austria (Tirol, Vorarlberg, Salzburg)

Number of the aid: N 99/2006

Title: Schadenswiedergutmachung in der Tourismus- und Freizeitwirtschaft nach der Hochwasserkatastrophe im Sommer 2005

Objective: Compensation for damage caused by natural disasters or exceptional occurrences

Legal basis: Katastrophenfondsgesetz 1996 idgF, Hochwasserhilfe — gemeinsame Zinsenzuschussaktion von Bund und Ländern auf Basis der Richtlinien für die TOP-Tourismus-Förderung 2001-2006 und der Richtlinien für die Übernahme von Garantien für Tourismus- und Freizeitbetriebe 2001-2006 für Schadensfälle mit einem Volumen unter 1 Mio. EUR

Overall aid amount planned: EUR 1 million

Duration:

Other information: Aid scheme — interest subsidy and guarantee

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision:

Member State: Netherlands

Number of the aid: N 200/2006

Title: Steunregeling ten behoeve van stadsherstelorganisaties

Objective: Heritage conservation — Culture

Legal basis:

| — | artikel VI, paragraaf B van het Belastingplan 2005 (Staatsblad 2004, nr. 653, blz. 10); |
| --- | --- |

—

artikel VI, paragraaf B van het Belastingplan 2005 (Staatsblad 2004, nr. 653, blz. 10);

| — | Artikel 5, eerste lid, onderdeel d), van de Wet op de Vennootschapsbelasting 1969 |
| --- | --- |

—

Artikel 5, eerste lid, onderdeel d), van de Wet op de Vennootschapsbelasting 1969

Type of measure: Aid scheme

Form of aid: Tax advantage

Budget: Overall aid amount planned (in millions of national currency): 20

Duration: 1.1.2005-31.12.2014

Name and address of the granting authority: Ministerie van Financiën

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---
Exhibit 99.1

Section 906 Certification

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:

(1) I have reviewed the Annual Report on Form 10-K of Inland Land Appreciation Fund, L.P. (the "Report") to which this statement is an Exhibit;

(2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(3) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund, L.P.

 

By: Inland Real Estate Investment Corporation

       General Partner

/S/ Brenda G. Gujral                                   

Name: Brenda G. Gujral

Title: President of the General Partner and

          Principal Executive Officer of Inland Land Appreciation Fund, L.P

Date: March 25, 2003
#### Maryanne McDonald, an Infant, by James McDonald, Her Father, Respondent, v Song Mountain, Inc., Appellant.

— Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this long-delayed action, defendant served upon plaintiff a demand to resume prosecution of the action *1007and to file and serve a note of issue within 90 days (CPLR 3216 [b] [3]). Plaintiff failed to comply, and defendant moved to dismiss the complaint. In response to the motion, plaintiff made no effort to demonstrate justifiable excuse for the delay or merit to the action. In such circumstances, Special Term erred in granting a conditional order of dismissal under which plaintiff was given 20 days to file the note of issue. Defendant’s motion should have been granted unconditionally *(see, Walker v Town of Lockport,*109 AD2d 1102, *affd*65 NY2d 840). (Appeal from order of Supreme Court, Cayuga County, Contiguglia, J. — dismiss complaint.) Present — Dillon, P. J., Callahan, Boomer, Green and Lawton, JJ.
# Honoring the Victims of the Attack in Kabul, Afghanistan

As a mark of respect for the U.S. service members and other victims killed in the terrorist attack on August 26, 2021, in Kabul, Afghanistan, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, August 30, 2021.  I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth.

[FR Doc. 2021-18925

Billing code 3295-F1-P
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1995 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE TWELVE MONTHS ENDED DECEMBER 3, 1995 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                     12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                         106,500
<SECURITIES>                                         0
<RECEIVABLES>                                4,047,900
<ALLOWANCES>                                   338,200
<INVENTORY>                                    679,500
<CURRENT-ASSETS>                             6,616,700
<PP&E>                                       1,155,200
<DEPRECIATION>                                 652,900
<TOTAL-ASSETS>                               9,680,700
<CURRENT-LIABILITIES>                        5,684,200
<BONDS>                                              0
<PREFERRED-MANDATORY>                        1,500,000
<PREFERRED>                                          0
<COMMON>                                        92,200
<OTHER-SE>                                 (4,321,100)
<TOTAL-LIABILITY-AND-EQUITY>                 9,680,700
<SALES>                                     17,663,400
<TOTAL-REVENUES>                            17,663,400
<CGS>                                       13,261,400
<TOTAL-COSTS>                               13,261,400
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             692,100
<INCOME-PRETAX>                              (169,100)
<INCOME-TAX>                                 (220,700)
<INCOME-CONTINUING>                             51,600
<DISCONTINUED>                                 100,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   151,600
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.01






</TABLE>
#### Hugh FOX, Sr., as Conservator of The Estate of Clara Fox, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

No. 80 Civ. 7238 (CMM).

United States District Court, S.D. New York.

Jan. 6, 1983.

Lawrence A. Porcari, Yonkers, N.Y., for plaintiff.

Semel, McLaughlin, Boeckmann & Skydel, New York City, for defendant; Louis J. Schepp, New York City, of counsel.

METZNER, District Judge.

Plaintiff, the husband, and conservator of the estate, of Clara Fox, instituted this action against defendant, Liberty Mutual Insurance Company, under the New York no-fault law. *See*N.Y. Ins. Law § 670, *et seq.*(McKinney Supp.1982).

Mrs. Fox, a resident of New York, was injured while being transported to a hospital in an ambulance covered by liability insurance issued by the defendant. The owner of the vehicle is a resident of New York, as is the plaintiff.

The court sua sponte has dismissed the action for lack of subject matter jurisdiction. 28 U.S.C. § 1332(c) states:

> “Provided further, That in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.”

The above quoted proviso was added in 1964 in response to the adoption by Louisiana and Wisconsin of statutes permitting direct action against the liability insurance carrier rather than the alleged wrongdoer. The purpose of the amendment was to prevent litigation arising under these statutes from coming into the federal courts because of diversity jurisdiction. However, there is no reason why the section should not be applicable to subsequently adopted state no-fault laws. They create the same problem of increasing federal diversity jurisdiction. The language is broad enough to encompass any direct action against the insurance company on a liability policy. Consequently, the defendant is a resident of the state of New York, and the court, because of lack of diversity, does not have subject matter jurisdiction.

The court has found no authority on this point in this circuit. However, the Sixth Circuit in *Ford Motor Company v. Insurance Company of North America,*669 F.2d 421 (6th Cir.1982), examined the issue thoroughly and came to the conclusion that the federal district court lacks subject matter jurisdiction in this type of case. In an analogous situation involving workmen’s *394compensation, the Fifth Circuit reached a similar conclusion. *Hernandez*v. *Travelers Insurance Co.,*489 F.2d 721 (5th Cir.), *cert. denied,*419 U.S. 844, 95 S.Ct. 78, 42 L.Ed.2d 73 (1974). This court agrees with the reasoning in both of these cases.

Complaint dismissed.

So ordered.
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**Exhibit 10.93**

 

**Second Amendment to Promissory Note**

** **

**THIS SECOND AMENDMENT TO PROMISSORY NOTE** dated this 15th  day of December, 2005, is by and among DCInvestments Leasing, LLC, a Mississippi limited liability company (“Borrower”)and Fair Holdings, Inc. (“Fair”), an Ohio corporation.  The parties agree as follows:

** **

**Recitals**

** **

**WHEREAS**, Borrower and Fair entered into that certainPromissory Note dated August 31, 2003, in the principal amount of $300,000.00, which was subsequently amendedby a certain amendment, dated June 15, 2005, that increased the amountunder the Note to $1,000,000.00 (the original Promissory Note and allamendments thereto being referred to herein as the “Note’); and

** **

**WHEREAS,** Fair has agreed to amend the Note in order toincrease to $2,100,000.00 the amount which Borrower may borrow;

** **

**WHEREAS**, Fair is willing to amend the Note subject to theterms herein and subject to the amendment of the Note as herein provided;

** **

**NOW THEREFORE**, in consideration of the premises, and the mutualpromises herein contained, the parties agree that the Note shall be, and herebyis, amended as provided herein and the parties further agree as follows:

** **

** The principal amount of the Noteis hereby increased so that the total amount that can be borrowed under the Noteis $2,100,000.**

** **

**All other terms and conditions contained in the Note, the SecurityAgreement and Mortgage or other related documents shall remain the same andshall continue in full force and effect that are not specifically amendedherein and shall continue during the term of the Note without change, except toreflect the increase in the amount of the Note and to provide securitytherefore for the entire amount that may become due under the Note.**

** **

**IN WITNESS WHEREOF**, Borrower, and Fair have caused this Second Amendmentto Promissory Note to be executed as of the day first written above.

 

 
| **Fair Holdings, Inc.**         | ** ** | **DC Investments Leasing, LLC**   |
|--------------------------------------|------------|-----------------------------------|
| ** **                           | ** ** | ** **                        |
| ** **                           | ** ** | ** **                        |
| **/s/ Timothy  S. Durham**           | ** ** | ** **                        | **/s/ Timothy  S. Durham** | ** ** |
| **By:  Timothy S. Durham, CEO** | ** ** | **By: Timothy S. Durham, Member** |
|                                      |            |                                   |  |  |

 

1

----
#### The People of the State of New York, Respondent, v Cecil Parson, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered February 11, 1985, convicting him of attempted criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf. People v Gonzalez,*47 NY2d 606). Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.
Order entered May 7 , 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 12 - 01365 - CV UNITED MEDICAL SUPPL Y COMPANY, INC., Appellant V. ANSELL HEALTHCARE PR ODUCTS, INC., Appellee On Appeal from the 68th Judicial District Court Dal las County, Texas Trial Court Cause No. DC - 02 - 0433 - C 

### O RDER Before the Court is appellant’s May 3, 2013 unopposed second motion for extension of time to file appellant’s brief. Appellant’s motion is GRANTED . Appellant’s brief shall be filed on or before May 13, 2013.

/s/ ELIZABETH LANG

- MIERS JUSTICE
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