alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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ARS Home Plains Area Sidney, Montana Northern Plains Agricultural Research Laboratory Pest Management Research PMRU Docs Grasshoppers: Their Biology, Identification and Management: Outbreak and Survey Info Forecast Maps





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FDP



# Fourth Court of Appeals

**San Antonio, Texas**

October 29, 2014

N o. 04

- 14

- 00641

- CV

Robert MARX and Debbie Marx,

Appellant s

v.

FDP, LP,

Appellee

From the 81st Judicial District Court, Wilson County, Texas

Trial Court No. 12

- 03

- 0101

- CVW

Honorable Stella Saxon, Judge Presiding



### ORDER

The underlying lawsuit originally involved two plaintiffs : Larry Friesenhahn and FDP,

LP. Plaintiffs filed suit against three defendants : Robert Marx, Debbie Marx, and Diego Lopez

. On April 8, 2013, b oth plaintiffs filed a Notice of Nonsuit , without prejudice, against one of the

defendants, Diego Lopez. On July 9, 2014, plaintiff FDP, LP filed a motion for summary

judgment, which was granted on August 11, 2014. Robert Marx and Debbie Marx seek to appeal

th is judgment

.

After the clerk’s record was filed in this appeal, it appeared the claims asserted by

plaintiff Larry Friesenhahn had not been disposed of, and both plaintiffs’ claims against Lopez

may have been reinstated in an amended petition . Supplemental clerk’s records have since been

filed containing nonsuits. Accordingly, the summary judgment appellants wish to appeal is now

final.

This appeal is ORDERED reinstated on this court’s docket, and appellant’s brief is d ue

no later than December 1, 2014

.

_________________________________ Sandee Bryan Marion, JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of October, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
#### Courtney Dupree, Respondent, v Scottsdale Insurance Company, Appellant.

[947 NYS2d 428]

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 4, 2012, which, to the extent appealed from, sua sponte, granted plaintiff insured a temporary restraining order directing defendant insurer to pay, from the date of the order until the determination of plaintiffs motion for a preliminary injunction, attorneys’ fees and costs related to plaintiffs defense of a criminal action pending against him in federal court, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in granting the temporary restraining order *(see*CPLR 6301; *Wyndham Co. v Wyndham Hotel Co.,*236 AD2d 220 [1997]). The failure of an insurance company to advance payments covering defense costs and fees under a directors and officers liability policy, like the one at issue here, constitutes a direct, immediate and irreparable injury, as it would deprive the insured of the benefit bargained for through payment of the policy premium *(see Wedtech Corp. v Federal Ins. Co.,*740 F Supp 214, 221 [SD NY 1990]; *Nu-Way Envtl., Inc. v Planet Ins. Co.,*1997 WL 462010, *3, 1997 US Dist LEXIS 11884, *9 [SD NY, Aug. 12, 1997, No. 95 Civ 573(HB)]). Defendant’s argument that it has been relieved of the requirement to provide coverage and/or advance legal costs and fees under the policy because plaintiffs conduct violated the policy’s exclusions is unavailing at this juncture. Absent a final adjudication that plaintiffs alleged wrongdoing does indeed fall under the policy’s exclusions, the policy remains in effect and defendant is required to pay attorneys’ fees and defense costs, subject to recoupment in the event it is ultimately determined that the exclusions apply *(see Federal Ins. Co. v Kozlowski,*18 AD3d 33, 42 [2005]). Concur — Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels and Román, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This  schedule  contains  summary  financial information extracted from the form
10-QSB  for  the quarter ended June 30, 2000 and is qualified in its entirety by
reference  to  such  consolidated  financial  statements.
</LEGEND>
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       MAR-31-2001
<PERIOD-START>                          APR-01-2000
<PERIOD-END>                            JUN-30-2000
<CASH>                                     104,845
<SECURITIES>                                     0
<RECEIVABLES>                               24,770
<ALLOWANCES>                                 3,026
<INVENTORY>                                 11,101
<CURRENT-ASSETS>                           144,858
<PP&E>                                      68,631
<DEPRECIATION>                              53,147
<TOTAL-ASSETS>                             160,342
<CURRENT-LIABILITIES>                      133,729
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                    30,564
<OTHER-SE>                                  (3,951)
<TOTAL-LIABILITY-AND-EQUITY>               160,342
<SALES>                                     36,250
<TOTAL-REVENUES>                            36,250
<CGS>                                        4,614
<TOTAL-COSTS>                              179,267
<OTHER-EXPENSES>                            (7,405)
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                           (140,226)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                       (140,226)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                              (140,226)
<EPS-BASIC>                                 (.05)
<EPS-DILUTED>                                 (.05)


</TABLE>
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 Cropping Systems and Water Quality Research: Columbia, MO
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I 

114TH CONGRESS 

1ST SESSION H. R. 1927 

To amend title 28, United States Code, to improve fairness in class action 

litigation. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2015 

Mr. GOODLATTE (for himself and Mr. FRANKS of Arizona) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to improve fairness 

in class action litigation. 

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 ‘‘Fairness in Class Ac5 tion Litigation Act of 2015’’. 

6 SEC. 2. CLASS MEMBER INJURY REQUIRED. 

7 (a) IN GENERAL.—Title 28, United States Code, is 

8 amended by adding at the end the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1927 IH

1 ‘‘§ 1716. Limitation on certification of class 

2 ‘‘(a) IN GENERAL.—No Federal court shall certify 

3 any proposed class unless the party seeking to maintain 

4 a class action affirmatively demonstrates through admis5 sible evidentiary proof that each proposed class member 

6 suffered an injury of the same type and extent as the in7 jury of the named class representative or representatives. 

8 ‘‘(b) DEFINITION.—In this section, the term ‘injury’ 

9 means the alleged impact of the defendant’s actions on 

10 the plaintiff’s body or property.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 114 of title 28, United States 

13 Code, is amended by adding at the end the following new 

14 item: 

‘‘1716. Limitation on certification of class.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
(7 App. Div 609)

#### In re KEMP’S ESTATE.

(Supreme Court, Appellate Division, First Department.

June 29, 1896.)

Appraisement of the estate of George Kemp, deceased, for taxation under the transfer tax law.

Wm. V. Rowe, for appellant.

Emmet R. Olcott, for respondent.

PER CURIAM.

This case is clearly within the principles laid down in Re Baudoine (Sup.) 39 N. Y. Supp. 1120, and in Re Livingston, 1 App. Div. 568, 37 N. Y. Supp. 463. Indeed, the principle’of the Livingston Case is more decisive than that enunciated in the Baudoine Case. As to the stock of the Times corporation, the ruling of the surrogate was acquiesced in; and, further, the surrogate offered to send the case back on that head, and that offer was not accepted by the executors. The only error we find in this record is the allowance of $25 to the special guardian. We think that the appointment of a special guardian was wholly unnecessary upon the facts in this case, and that the rule laid down in the Post Case (Sup.) 38 N. Y. Supp. 977, on that subject, is applicable. The order should therefore be modified by striking out the allowance of $25 to the special guardian, and, as modified, affirmed, without costs.
I 

114TH CONGRESS 

1ST SESSION H. R. 1842 

To amend the Internal Revenue Code of 1986 to exclude from gross income 

payments under the Indian Health Service Loan Repayment Program 

and certain amounts received under the Indian Health Professions Scholarships Program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2015 

Mr. VALADAO (for himself, Mr. AMODEI, Mr. BLUMENAUER, Mr. CALVERT, 

Mr. COLE, Mr. COOK, Mr. CRAMER, Mr. FARR, Mr. HARDY, Mr. HARPER, Mr. HUNTER, Mr. JONES, Mr. JOYCE, Mr. KILMER, Mr. KIND, Mrs. 

KIRKPATRICK, Mr. LAMALFA, Mr. LARSEN of Washington, Mrs. LAWRENCE, Mr. MCCLINTOCK, Mr. MEADOWS, Mr. MULLIN, Mr. POCAN, Mr. 

SIMPSON, Mr. YOUNG of Alaska, Mr. ZINKE, Mr. GRIJALVA, Mr. 

DENHAM, Mr. KNIGHT, Mrs. MIMI WALTERS of California, Mr. NOLAN, 

Ms. SINEMA, Mr. HUFFMAN, Mr. BENISHEK, Mr. RUIZ, and Mr. SHERMAN) introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exclude 

from gross income payments under the Indian Health 

Service Loan Repayment Program and certain amounts 

received under the Indian Health Professions Scholarships Program. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 1842 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Health Service 

3 Health Professions Tax Fairness Act of 2015’’. 

4 SEC. 2. EXCLUSION FROM GROSS INCOME FOR PAYMENTS 

5 UNDER INDIAN HEALTH SERVICE LOAN RE6 PAYMENT PROGRAM. 

7 (a) IN GENERAL.—Section 108(f)(4) of the Internal 

8 Revenue Code of 1986 is amended by inserting ‘‘under 

9 section 108 of the Indian Health Care Improvement Act,’’ 

10 after ‘‘338I of such Act,’’. 

11 (b) CLERICAL AMENDMENT.—The heading for sec12 tion 108(f)(4) of such Code is amended by striking ‘‘AND

13 CERTAIN’’ and inserting ‘‘, INDIAN HEALTH SERVICE LOAN

14 REPAYMENT PROGRAM, AND CERTAIN’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to payments made after the date 

17 of the enactment of this Act. 

18 SEC. 3. EXCLUSION OF CERTAIN AMOUNTS RECEIVED 

19 UNDER INDIAN HEALTH PROFESSIONS 

20 SCHOLARSHIPS PROGRAM. 

21 (a) IN GENERAL.—Section 117(c)(2) of the Internal 

22 Revenue Code of 1986 is amended by striking ‘‘or’’ at the 

23 end of subparagraph (A), by striking the period at the 

24 end of subparagraph (B) and inserting ‘‘, or’’, and by add25 ing at the end the following new subparagraph: 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 1842 IH

1 ‘‘(C) the Indian Health Professions Schol2 arships Program under section 104 of the In3 dian Health Care Improvement Act.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall apply to amounts received in taxable 

6 years beginning after December 31, 2015. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
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IN THE SUPREME COURT OF THE STATE OF MONTANA 

PR 22-0005 

IN RE THE MOTION OF MICHAEL 

THOMAS FREEMAN FOR ADMISSION TO 

THE BAR OF THE STATE OF MONTANA 

FILED 

FEB 0 1 2022 

Bovven Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

Michael Thomas Freeman has filed a motion for admission to the Bar of the State 

of Montana pursuant to Rule V of the Rules for Admission, Admission on Motion. The 

Bar Admissions Administrator of the State Bar of Montana has informed the Court that the 

Commission on Character and Fitness has certified that Freeman has provided the 

necessary documentation and has satisfied the requirements prerequisite to admission on 

motion under Rule V. Therefore, 

IT IS HEREBY ORDERED that upon payment of any application fees and 

completion of any other processing requirements as set forth by the Bar Admissions 

Administrator, Michael Thomas Freeman may be sworn in to the practice of law in the 

State of Montana. Arrangements for swearing in may be made by contacting the office of 

the Clerk of the Montana Supreme Court. 

The Clerk is directed to provide copies of this order to Petitioner and to the State 

Bar of Montana. 

DATED thisf— day of February, 2022. 

Chief Justice 

7-e /7-- 1 

02/01/2022

Case Number: PR 22-0005
irf 

Justices 

2
#### Yolanda Erazo, Respondent, v Manuel P. Cabeca, Appellant.

Submitted March 5, 2007;

decided May 3, 2007

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.