alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTICE TO CLERK OF COURT: Please accept this Initiating Complaint as an initial pleading 

pursuant to CMO __, dated ____________, of Hon. Alvin K. Hellerstein in In Re World Trade 

Center Lower Manhattan Disaster Site Litigation, 21 MC 102 (AKH). 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

--------------------------------------------------------------X 

 

IN RE WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

 

--------------------------------------------------------------X 

21 MC 102 (AKH) 

--------------------------------------------------------------X 

XXXXX, 

 Plaintiff(s), 

 -againstXXXXX, 

 Defendants. 

--------------------------------------------------------------X 

 XX Civ. XXXX (AKH) 

INITIATING COMPLAINT

Pursuant to Case Management Order No. __ (“CMO __”) dated June __, 2007 by Hon. 

Alvin K. Hellerstein, U.S.D.J., in In Re World Trade Center Lower Manhattan Disaster Site 

Litigation, 21 MC 102 (AKH), Plaintiff(s) hereby submit this Initiating Complaint against the 

above named Defendants and state: 

1. Plaintiff ____________ (XXXX) [Å last 4 digits of social security number] 

currently resides at ______________. 

2. Plaintiff(s) have a claim for injury against the Defendants named above that 

would be encompassed within the scope of the In Re World Trade Center Lower Manhattan 

Disaster Site Litigation, 21 MC 102 (AKH). 

3. Plaintiffs will file a fully complete Check-Off Complaint under this docket 

number within 30 days of the filing of this Initiating Complaint. 

Case 1:07-cv-05370-AKH Document 2-4 Filed 06/29/2007 Page 1 of 2
NOTICE TO CLERK OF COURT: Please accept this Initiating Complaint as an initial pleading 

pursuant to CMO __, dated ____________, of Hon. Alvin K. Hellerstein in In Re World Trade 

Center Lower Manhattan Disaster Site Litigation, 21 MC 102 (AKH). 

Dated: _____ __, 200X 

{law firm name} 

Attorney(s) for 

Plaintiff(s)_______________________ 

By: ________ 

 {name} 

{law firm address} 

Telephone: _______________ 

Case 1:07-cv-05370-AKH Document 2-4 Filed 06/29/2007 Page 2 of 2
#### LIEBSTADTER v. FEDERGREEN.

(Supreme Court, General Term, Third Department.

July 14, 1894.)

1. Assault—Justification—-Defining Possession of Property.

Mere possession of premises will not justify violence to prevent the lawful occupant from entering.

2. Same—Menace with Dangerous Weapon.

It is an assault to threaten a person with a dangerous weapon within striking distance, though the party threatened is not actually struck.

Action by Bernhard Liebstadter against Nathan Federgreen to recover damages for an assault. There was a judgment in favor of plaintiff, and defendant appeals.

Affirmed.

Argued before MAYHAM, P. J., and PUTNAM and HEERICK, JJ.

George H. Carpenter, for appellant.

T. F. Bush, for respondent.

HERRICK, J.

When the plaintiff hired the store of the defendant, he took that store as it had been theretofore used and occupied by the defendant himself. That gave him the right to the use of the cellar. The defendant, by surreptitiously and wrongfully barring plaintiff’s access to the cellar, did not thereby acquire a lawful possession thereof, within the meaning of Bristor v. Burr, 120 N. Y. 431, 24 N. E. 937, which would entitle him to resist with force and violence the efforts of the plaintiff to enter thereupon. The mere actual physical possession of premises by a person is not alone sufficient to justify him in using force and violence to either prevent the entry of the lawful occupant thereon, or, having entered, to eject him therefrom. The menace of violence with a dangerous weapon by a person within striking distance of the party menaced is an assault, even although the person menaced is not actually struck, and damages may be recovered for such assault. The amount recovered in this case, while it seems large, yet is not so large that we can say it is evidence of passion, corruption, or prejudice; and the finding of the jury should not, therefore, be disturbed. The judgment should be affirmed, with costs. All concur.
Exhibit 20.2
**AFCO CREDIT CORPORATION**
**MELLON BANK PREMIUM FINANCE LOAN MASTER TRUST**
     The undersigned, a duly authorized representative of AFCO Credit Corporation(“AFCO”), as Servicer, pursuant to the Pooling and Servicing Agreement dated as of June15, 2001 (as may be amended and supplemented from time to time, the “Agreement”), amongMellon Premium Finance Loan Owner Trust, as Transferor, AFCO Credit Corporation, asServicer, AFCO Acceptance Corporation, as Servicer, Premium Financing Specialists, Inc.,as Back-up Servicer, Premium Financing Specialists of California, Inc., as Back-upServicer and Wells Fargo Bank Minnesota, National Association, as Trustee, does herebycertify that:
 1.  AFCO is, as of the date hereof, Servicer under the Agreement.Capitalized terms used in this Certificate have their respective meanings asset forth in the Agreement.  2.  The undersigned is a Servicing Officer who is duly authorized pursuantto the Agreement to execute and deliver this Certificate to Trustee.  3.  A review of the activities of Servicer during the fiscal year endingDecember 31, 2004, and of its performance under the Agreement was conductedunder my supervision.  4.  Based on such review, Servicer has, to the best of my knowledge,performed in all material respects its obligations under the Agreementthroughout such year and no default in the performance of such obligationshas occurred or is continuing.
       IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this28th day of March, 2005.       AFCO CREDIT CORPORATION, as Servicer      By: /s/ Bruce R. Gold       Name: Bruce R. Gold   Title: Senior Vice President, Treasurer   and Chief Financial Officer
E-3
EX-10.2



 






EXHIBIT 10.2




AMENDMENT NO. 1

REGENT COMMUNICATIONS, INC.

2005 INCENTIVE COMPENSATION PLAN




(as adopted by the Regent Communications, Inc. Board of Directors

effective as of December 14, 2005)




     1. Section 3.5 of the Plan is hereby amended to insert the following additional new sentence
at the end thereof:




“Notwithstanding any other provision of the Plan to the contrary, the Board of the Committee
shall impose such conditions on any Award (including, without limitation, the right of the
Board or the Committee to limit the time of exercise to specified periods or the time and
form of payment to certain key employees and Participants) as may be required to satisfy the
requirements of Section 409A of the Code.”



     2. Section 4.1(c) of the Plan is hereby amended to insert the following additional new clause
(iii) at the end thereof:




     “(iii) With respect to Awards of Incentive Stock Options, up to 2,000,000 Shares may
be issued under this Plan.”



     3. Except as provided in Sections 1 and 2 above, all other provisions of the Plan remain in
full force and effect without change or other modification.
<PAGE>   1
                                                                Exhibit 10.ff


                      THIRD AMENDMENT TO HUFFY CORPORATION
                         1987 DIRECTOR STOCK OPTION PLAN
                      ------------------------------------


This Third Amendment is made and effective as of February 15, 1996 to the 1987
Director Stock Option Plan (the "Plan"), adopted on April 15, 1988 by the
Shareholders of Huffy Corporation (the "Company"), as amended April 30, 1990 and
December 15, 1991, under the following circumstances:

A.    The Company desires to amend the Plan (and the Plan so allows such 
      amendment without Shareholder approval) so that option grants may be
      designated by the Committee at dates other than July 1; and

B.    On February 15, 1996, the Board of Directors approved amending the Plan, 
      in accordance with the terms set forth below.

NOW, THEREFORE, the Plan shall be amended as follows:

1.    DEFINITIONS.  All capitalized terms herein, unless otherwise specifically 
      defined in this Amendment, shall have the meanings given to them in the
      Plan.

2.    AMENDMENT.  Section 6(a) of the Plan is hereby amended in its entirety to 
      read as set forth below:

               "(a)   In addition to any options granted pursuant to Section 5
                      hereof, options shall be granted automatically on July 1
                      and/or on such other date(s) as may be designated by the
                      Committee from time to time as date(s) to grant such
                      options (or, if any such date is not a business day, on
                      the next succeeding business day) of any year to any
                      Outside Director who, at least six (6) months prior to any
                      such date(s), files with the Secretary of the Company an
                      irrevocable election to receive an option in lieu of all
                      or any part (in multiples of $1,000) of Annual Retainer
                      fees to be earned in the then current Plan Year (I.E., the
                      year beginning ---- July 1 and ending June 30; herein
                      referred to as a "Plan Year")."

3.    EFFECTIVE DATE AND AFFIRMATION. This Amendment shall be effective as of
      February 15, 1996. Except as amended hereby and the amendments contained
      in the First Amendment and Second Amendment to the Plan, dated April 30,
      1990 and December 15, 1991, respectively, the Plan remains unchanged and
      in full force and effect.


<PAGE>   2


Page 2


IN WITNESS WHEREOF, this Third Amendment has been executed as of February 15,
1996.


                                                  HUFFY CORPORATION


                                                  By /S/ Nancy A. Michaud
                                                    --------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
the Registrant's December 31, 1996 10-K and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                            7008
<SECURITIES>                                         0
<RECEIVABLES>                                   166319
<ALLOWANCES>                                     14250
<INVENTORY>                                      42284
<CURRENT-ASSETS>                                     0
<PP&E>                                           24519
<DEPRECIATION>                                    9992
<TOTAL-ASSETS>                                  253799
<CURRENT-LIABILITIES>                                0
<BONDS>                                          58110
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           134
<OTHER-SE>                                      134165
<TOTAL-LIABILITY-AND-EQUITY>                    253799
<SALES>                                         137971
<TOTAL-REVENUES>                                152484
<CGS>                                            43910
<TOTAL-COSTS>                                    57371
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                  5390
<INTEREST-EXPENSE>                                6757
<INCOME-PRETAX>                                  24494
<INCOME-TAX>                                      9631
<INCOME-CONTINUING>                              14863
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     14863
<EPS-PRIMARY>                                     1.30
<EPS-DILUTED>                                        0
        


</TABLE>
# EUR-Lex - 52005AP0188 - EN

Important legal notice

*|*

# 52005AP0188

**European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the compilation of quarterly non-financial accounts by institutional sector (15235/1/2004 - C6-0091/2005 - 2003/0296(COD)) **

*
Official Journal 117 E , 18/05/2006 P. 0117 - 0117 *

P6_TA(2005)0188

Quarterly non-financial accounts ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the compilation of quarterly non-financial accounts by institutional sector (15235/1/2004 — C6-0091/2005 — 2003/0296(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the Council common position (15235/1/2004 — C6-0091/2005),

- having regard to its position at first reading [1] on the Commission proposal to Parliament and the Council (COM(2003)0789) [2],

- 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 Economic and Monetary Affairs (A6-0152/2005),

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 103 E, 29.4.2004, p. 141.

[2] Not yet published in OJ.

--------------------------------------------------
Case 1:07-cv-05742-RJH     Document 15      Filed 12/14/2007     Page 1 of 6

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EXHIBIT 32.1



Section 1350 Certifications



I, Alan D. Feldman, hereby certify pursuant to 18 U.S.C. § 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to my knowledge:



| | (i) | The accompanying Quarterly Report on Form 10-Q for the quarter ended April 2, 2005 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange
Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Midas, Inc.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|                                     
|-------------------------------------
|/s/ Alan D. Feldman                  
|Alan D. Feldman                      
|President and Chief Executive Officer
|Date: May 12, 2005                   



I, William M. Guzik, hereby certify
pursuant to 18 U.S.C. § 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to my knowledge:



| | (i) | The accompanying Quarterly Report on Form 10-Q for the quarter ended April 2, 2005 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange
Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Midas, Inc.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|                         
|-------------------------
|/s/ William M. Guzik     
|William M. Guzik         
|Senior Vice President and
|Chief Financial Officer  
|Date: May 12, 2005
1 Jo hn T. Boy d, Chief Justice (Ret.), S eventh Cour t of Appeals, sit

ting by assignment. Tex. Gov’ t Code Ann. §75.002( a)(1) (Ver non Supp. 2003). NO. 07-02-0389-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL E JUNE 4, 2003

______________________________ VINCE LEE SIMNACHER, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE CO UNTY COURT OF LAMB COU NTY; NO. 13,563; HON ORABLE DANN Y BYERS, JUDGE

_______________________________ Before JOHNSON, C.J., CAMPBELL, J., an d BOYD, S.J. 1 ON ABATEMENT AND REMAND Appellant

Vince Lee Simnac her was co nvicted of the off ense of driving while intoxicated and, on June 25, 2002, sentence wa s imposed at 180 day s confinement in the2

Lamb County Jail and a fine of $1,0 00. Appellant tim ely perfec ted his appeal and the clerk’s record was filed on October 3, 2002. The reporter’s record was als o filed on that date. Howev

er, nothing further has been done to perfect the appeal
. On March 20, 2003, by direc tion of the court, appellant and hi s attorn ey were notified that no a ppell ate brief had been filed and no motion for extension of time within which to fil e the bri ef had been rec eiv ed by us. They

wer e fur ther noti fied that

if a satisfactory response was not r eceived by

April 1, 2003 , the appeal w ould be abated to the trial cour t pursuant to Tex

as Rule of Appell ate Procedure 38. 8. By letter dated March 31, 2003, ap pellant’s counsel notified this court th at his client had decided to dismiss t he appeal and as soon as coun sel got the motion to dismiss back from his client , it woul d be forwarded to us. However, we have nev er received such a motion. This state of the proceedings requires us to abate the appea l and remand the case to the County Court of Lamb Coun ty to conduct the hearings mandated by Texas Rule of Appellate Procedure 38.8. Upon reman d, the judge of the trial court shall i mmediate ly cause proper not ices to be g iven and condu ct a hearing to determine: 1. If appellant still desires to pursue his appeal. 2. If ap pell ant i s ind igent and t he ap poin tme nt of an at torn ey is ne cess ary. 3. If it be determi ned that the appointment of an attorney i s necessary , the name, address, and State Bar of Texas i dentification number of the attorney appointed.3

4. If appellant isnot indigent , whether h e has failed to make the necessary arrangementsfor prosecuting his appeal, and i f he has not done so, w hat orders are ne cessary to ensure those a rrangements a re made. 5. If any other orders are necessar y to ensurethe dilig ent and prompt pursuit of appellant’s ap peal. In support of its d etermination, th e trial court shall prepare and file written fi ndings of fact and conclusi ons of law and cause them to be inc luded in a sup p lemental clerk’s record. The hea ring pr oceedings sh all be transc ribed and incl uded in a supplementa l reporter’s record. The supplemen tal records shall be submitted to this court not later than July 7, 2003
. It is so or

dered. Per Cu riam Do not publish
.
I 

116TH CONGRESS 

1ST SESSION H. R. 1803 

To nullify the Supplemental Treaty Between the United States of America 

and the Confederated Tribes and Bands of Indians of Middle Oregon, 

concluded on November 15, 1865. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2019 

Mr. WALDEN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To nullify the Supplemental Treaty Between the United 

States of America and the Confederated Tribes and 

Bands of Indians of Middle Oregon, concluded on November 15, 1865. 

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

3 SECTION 1. NULLIFICATION OF TREATY. 

4 The Supplemental Treaty Between the United States 

5 of America and the Confederated Tribes and Bands of In6 dians of Middle Oregon, concluded on November 15, 1865, 

7 and entered into pursuant to the Senate resolution of ratiVerDate Sep 11 2014 05:24 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1803.IH H1803

kjohnson on DSK79L0C42 with BILLS
2 

•HR 1803 IH

1 fication dated March 2, 1867 (14 Stat. 751), shall have 

2 no force or effect. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Case 1:07-cv-05365-AKH Document 22 Filed 02/06/2008 Page 1 of 3Case 1:07-cv-05365-AKH Document 22 Filed 02/06/2008 Page 2 of 3Case 1:07-cv-05365-AKH Document 22 Filed 02/06/2008 Page 3 of 3
**EXHIBIT
      23.1**





CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
      hereby
      consent to the incorporation by reference in the Registration Statements (Nos.
      333-129997 and 333-129998) on Form S-8 and the Registration Statements (Nos.
      333-143202, 333-138559, 333-138558) on Form S-3 of MRU Holdings, Inc. of our
      report dated September 28, 2007 relating to the consolidated financial
      statements of MRU Holdings, Inc. and subsidiaries as of June 30, 2006 and 2007,
      which report appears in the Annual Report on Form 10-KSB of MRU Holdings, Inc.
      for the fiscal year ended June 30, 2007.











/s/
      Bagell, Josephs, Levine & Company, L.L.C.








New
      York,
      New York


September
      28, 2007
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