alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### E. P. Brown *vs.*F. A. Sanborn.

April 1, 1875.

Statute of Frauds — Contract for Sale of Flax Straw to be raised. — An agreement to purchase, at five dollars per ton, the flax straw to he raised from forty-five bushels of flax seed, it appearing that the amount raised was from twenty to fifty tons, is within the 7th section of our Statute of Frauds, as a “ contract for the sale of * * * goods, chattels or things in action, for the price of fifty dollars or more.”

Same — Parol Modification of Memorandum of Sale, — No part of the purchase money upon such sale having been paid, nor any part of the straw accepted and received, it is incompetent to show that the written evidence of the sale required by the statute has been modified by parol.

Appeal by plaintiff from an order of the district court for Olmsted county, *Mitchell,*J., presiding, granting a new trial.

*O. T. Benedict,*for appellant.

*Lloyd Barber,*for respondent.

Berry, J.

Defendant, in writing, agreed to purchase of plaintiff, at five dollars per ton, the flax straw to be raised from forty-five bushels of flax seed, “ the straw to be delivered in a dry condition, and to be free from grass, weeds, and all foreign substances.” It appearing that there were from twenty to fifty tons of the straw, the agreement was within the seventh section of our Statute-of Frauds, ch. 41, *403'Gen. Stat., since it was a “ contract for the sale of * * goods, chattels, or things in action, for the price of fifty dollars, or more.” It was essentially a contract for the straw, and not, as contended by plaintiff, for labor or skill in producing the straw. Browne on Stat. of Frauds, §§ 308, 312 ; Benjamin on Sales, (2dEd.,) 99 ; *Watts*v. *Friend,*10 B. *&*C. 446 ; *Evans*v. *Roberts,*5 B. & C. 829 ; *Sainsbury v*. *Matthews,*4 M. *&*W. 343 ; *Jones*v. *Flint,*10 Ad. & El. 753; 1 Chit. Cont., (11th Am. Ed.,) 417. No part of the purchase money having been paid, nor any part of the straw accepted and received by the defendant, the contract was, by the terms of the statute cited, void, unless a note or memorandum thereof was made in writing, and subscribed by the party to be charged therewith.

The plaintiff claimed that subsequently to the making of the contract above mentioned, defendant, by parol, agreed to a modification of the same, by waiving the provision or condition that the straw must be free from weeds, and agreeing to receive the same under the contract, notwithstanding its weedy condition; and he was permitted to prove the parol agreement, defendant objecting. As the effect of admitting the evidence was to allow the plaintiff to prove, by parol, a contract which, to be valid, must be in wilting, its admission was erroneous, and entitled the defendant to the new trial granted by the court below.

Order granting new trial affirmed.
**Exhibit 10.19.2****AMENDMENT NO. 2 TO LICENSE AGREEMENT**     This Amendment No. 2 (“Amendment No. 2”) amends that certain License Agreement effective March28, 2002, entered into by and between Maxygen, Inc. (“MUS”) and Codexis, Inc. (“Codexis”), asamended by Amendment No. 1 to License Agreement effective September 13, 2002 (as amended, the“Agreement”), and shall be effective as of October 1, 2002. MUS and Codexis hereby amend theAgreement as follows:1. Section 1.44 of the Agreement shall be amended to provide in its entirety, as follows:     1.44 **“Separation Event”**shall mean the earlier of (i) four (4) years after theAmendment Date, and (ii) the date upon which a Change of Control of Codexis occurs.2. Article 1 is amended by the addition of the following new definition:     1.59 **“Change of Control of Codexis”**means (i) a dissolution or liquidation of Codexis;(ii) a sale of all or substantially all the assets of Codexis, (iii) any consolidation ormerger of Codexis with or into any other corporation or other entity or person, or any othercorporate reorganization, in which the stockholders of Codexis immediately prior to suchconsolidation, merger or reorganization, own less than fifty percent (50%) of the Company’svoting power immediately after such consolidation, merger or reorganization, excluding anyconsolidation, merger or reorganization effected exclusively to change the domicile ofCodexis, or (iv) acquisition by any person, entity or group within the meaning of Section13(d) or 14(d) of the Exchange Act, or any comparable successor provisions (other than MUS,CMEA Ventures Life Sciences 2000, L.P., Chevron Technology Ventures, LLC, Pequot PrivateEquity Fund III, L.P. and their respective Affiliates (collectively, the “CurrentStockholders”, or any group including any Current Stockholder that does not include, withinthe reasonable discretion of Maxygen, a competitor of Codexis) of the beneficial ownership(within the meaning of Rule 13d-3 promulgated under the Exchange Act, or comparablesuccessor rule) of securities of the Company such that after the acquisition the person,entity or group owns securities of Codexis representing at least fifty percent (50%) of thecombined voting power entitled to vote in the election of directors.3. Subsections 2.1.1(b)(i) and (ii) and 2.1.1(e)(i) and (ii) are amended to add the words “in theCodexis Field” as the last words of each such clause.4. As soon as practicable after the date hereof, an Amended and Restated License Agreement will beprepared reflecting the amendments to the Agreement contained in this Amendment No. 2 and theSeptember 13, 2002 amendment to the Agreement, without the need for any additional approval by theBoard of Directors of Codexis or any member thereof.
 

 
     IN WITNESS WHEREOF, MUS and Codexis have executed this Amendment No. 2 to License Agreement asof the first above written.       MAXYGEN, INC. CODEXIS, INC.       By: /s/ Russell J. Howard By: /s/ Alan Shaw       Name: Russell J. Howard Name: Alan ShawTitle: Chief Executive Officer Title: President
2
SCWC-22-0000499

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Petitioner/Plaintiff-Appellee,

vs.

ALEXANDER AQUINO, Respondent/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-22-0000499; CASE NO. 3CPC-21-0000757)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., McKenna, Eddins, and Devens, JJ., and

Circuit Judge Somerville, in place of Ginoza, J., recused)

Petitioner/Plaintiff-Appellee State of Hawaiʻi’s application 

for writ of certiorari filed on December 22, 2023, is accepted.

IT IS FURTHER ORDERED, that no oral argument will be heard 

in this case. Any party may, within ten days and pursuant 

to Rule 34(c) of the Hawaiʻi Rules of Appellate Procedure, move 

for retention of oral argument.

DATED: Honolulu, Hawaiʻi, February 7, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Vladimir P. Devens

/s/ Rowena A. Somerville

Electronically Filed

Supreme Court

SCWC-22-0000499

07-FEB-2024

10:03 AM

Dkt. 9 OGAC
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-16-00158-CV

____________________

ANA CAROLINA ZAMBRANO, Appellant

V.

PABLO A. ZAMBRANO-ARTEAGA, Appellee

________________________________________________________________________

On Appeal from the 418th District Court

Montgomery County, Texas

Trial Cause No. 15-07-06856-CV

________________________________________________________________________

MEMORANDUM OPINION 

The trial court signed a final decree of divorce on June 1, 2016. Ana 

Carolina Zambrano filed a notice of appeal but failed to file a brief. On October 19, 

2016, we notified the parties that the brief had not been filed and warned the 

appellant that her failure to file a brief could result in a dismissal of the appeal for 

want of prosecution. On November 21, 2016, we notified the parties that the appeal 

would be submitted to the Court on December 12, 2016, without briefs and without 

oral argument. See Tex. R. App. P. 39.8.
2

In the absence of a brief assigning error for appellate review, we dismiss the 

appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 

42.3(b).

APPEAL DISMISSED.

 ________________________________

 STEVE McKEITHEN

Chief Justice

Submitted on December 12, 2016

Opinion Delivered December 29, 2016

Before McKeithen, C.J., Horton and Johnson, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary 

# AGENCY:

Department of Transportation. 

# ACTION:

Notice of Order to Show Cause (Order 2005-10-12) Docket OST-2005-20405. 

# SUMMARY:

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding U.S. Helicopter Corporation fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail. 

      ( print page 61491)    

# DATES:

Persons wishing to file objections should do so no later than October 31, 2005. 

# ADDRESSES:

Objections and answers to objections should be filed in Docket OST-2005-20405 and addressed to U.S. Department of Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. 

# FOR FURTHER INFORMATION CONTACT:

Vanessa R. Balgobin, Air Carrier Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366-9721. 

Dated: October 17, 2005. 

Michael W. Reynolds, 

Deputy Assistant Secretary for Aviation and International Affairs. 

[FR Doc. 05-21200 Filed 10-21-05; 8:45 am] 

BILLING CODE 4910-62-P
Exhibit 23.1




Consent of Independent Registered Public Accounting Firm









Implant Sciences Corporation


Wilmington, Massachusetts








We hereby consent to the incorporation by reference in the Registration Statements of Implant Sciences Corporation on Forms S-3 (No.’s 333-109677, 333-111434, 333-117366, 333-124058, 333-127167, 333-129911) and Forms S-8 (No.’s 333-42816, 333-111117, 333-138292, 333-144892) of our report, dated October 13, 2011, which includes an explanatory paragraph as to the Company’s ability to continue as a going concern with respect to our audits of the consolidated financial statements of Implant Sciences Corporation  as of June 30, 2011 and 2010 and for the years ended June 30, 2011 and 2010, which report is included in this Annual Report on Form 10-K of Implant Sciences Corporation for the year ended June 30, 2011.













/s/ Marcum LLP


Boston, Massachusetts


October 13, 2011
Exhibit 10









Exhibit 10.28




 




Amendment




 




to




 




2001 Employee Stock Purchase Plan




 




Section 3.05 of the Lawson

Software, Inc. 2001 Employee Stock Purchase Plan is amended as follows

effective December 6, 2001, to correct the date in that section:




 




SECTION 3.05

Additional Contributions.  Except during

the Initial Purchase Period, a Participant may not make any payment into the

Stock Purchase Account other than the payroll deductions made pursuant to the

Plan.  During the Initial Purchase

Period, a Participant may contribute up to fifteen percent (15%) of the

Participant’s Current Compensation during the Initial Purchase Period to the

Participant’s Stock Purchase Account by delivery of a personal check or money

order to the Company.  Contributions to

a Participant’s Stock Purchase Account during the Initial Purchase Period must

be made on or prior to February 1, 2002. 

Any Participant’s contribution shall be credited to the Participant’s

Stock Purchase Account and such funds shall be held by the Company on the terms

and conditions of this Article III.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE HEAFNER
TIRE GROUP, INC. CONSOLIDATED FINANCIAL STATEMENTS 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-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           6,497
<SECURITIES>                                         0
<RECEIVABLES>                                  117,117
<ALLOWANCES>                                     2,385
<INVENTORY>                                    148,865
<CURRENT-ASSETS>                               283,501
<PP&E>                                          64,852
<DEPRECIATION>                                  17,228
<TOTAL-ASSETS>                                 459,246
<CURRENT-LIABILITIES>                          193,840
<BONDS>                                        158,362
<PREFERRED-MANDATORY>                           11,094
<PREFERRED>                                          0
<COMMON>                                            53
<OTHER-SE>                                      10,468
<TOTAL-LIABILITY-AND-EQUITY>                   459,246
<SALES>                                      1,016,589
<TOTAL-REVENUES>                             1,016,589
<CGS>                                          764,386
<TOTAL-COSTS>                                1,003,719
<OTHER-EXPENSES>                                (2,247)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,053
<INCOME-PRETAX>                                 (6,936)
<INCOME-TAX>                                      (348)
<INCOME-CONTINUING>                             (6,588)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (6,588)
<EPS-BASIC>                                      (1.27)
<EPS-DILUTED>                                    (1.27)


</TABLE>
I 

111TH CONGRESS 

2D SESSION H. R. 4867 

To direct the Secretary of the Interior to enter into an agreement to provide 

for management of the free-roaming wild horses in and around the 

Currituck National Wildlife Refuge. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2010 

Mr. JONES (for himself, Mr. WHITFIELD, and Mr. CONNOLLY of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior to enter into an 

agreement to provide for management of the free-roaming wild horses in and around the Currituck National 

Wildlife Refuge. 

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 ‘‘Corolla Wild Horse 

5 Protection Act’’. 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 4867 IH

1 SEC. 2. WILD HORSES IN AND AROUND THE CURRITUCK 

2 NATIONAL WILDLIFE REFUGE. 

3 (a) AGREEMENT REQUIRED.—The Secretary of the 

4 Interior shall enter into an agreement with the Corolla 

5 Wild Horse Fund (a nonprofit corporation established 

6 under the laws of the State of North Carolina), the County 

7 of Currituck, North Carolina, and the State of North 

8 Carolina within 180 days after the date of enactment of 

9 this Act to provide for management of free-roaming wild 

10 horses in and around the Currituck National Wildlife Ref11 uge. The agreement shall allow a herd of not less than 

12 100 free-roaming wild horses in and around such refuge. 

13 The agreement shall provide for cost-effective manage14 ment of the horses while ensuring that natural resources 

15 within the refuge are not adversely impacted. 

16 (b) CONDITIONS FOR EXCLUDING WILD HORSES

17 FROM REFUGE.—The Secretary shall not exclude free18 roaming wild horses from any portion of the Currituck 

19 National Wildlife Refuge unless— 

20 (1) the Secretary finds that the presence of 

21 free-roaming wild horses on a portion of the Refuge 

22 threatens the survival of an endangered species for 

23 which such land is designated as critical habitat 

24 under the Endangered Species Act of 1973 (16 

25 U.S.C. 1531 et seq.); 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 4867 IH

1 (2) such finding is based on a credible peer-re2 viewed scientific assessment; and 

3 (3) the Secretary provides a period of public no4 tice and comment on that finding. 

5 (c) HORSE REPLACEMENT.—Nothing in this section 

6 shall be construed to require the Secretary to replace free7 roaming wild horses or otherwise increase the number of 

8 such horses in a case in which the herd numbers fall below 

9 100 as a result of natural causes, including disease or nat10 ural disasters. 

11 (d) NO LIABILITY CREATED.—Nothing in this sec12 tion shall be construed as creating liability for the United 

13 States for any damages caused by the free-roaming wild 

14 horses to any person or property located inside or outside 

15 the boundaries of the refuge. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS
Exhibit
      32.1




**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**NANOSENSORS,
      INC.**


**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 NanoSensors, Inc. (the “Company”) on
      Form 10-QSB for the period ending May 31, 2008 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Robert Baron, Interim
      Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350,
      as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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.





Date:
                July 15, 2008
            
            /s/
                Robert BaronRobert
                BaronInterim
                Chief Executive Officer





*This
      Certification is being furnished solely to accompany the Report pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, and shall not be deemed “filed” by the Company for
      purposes of Section 18 of the Securities Act of 1933, as amended, or the
      Securities Exchange Act of 1934, as amended, whether made before or after the
      date of the Report, irrespective of any general incorporation language contained
      in such filing. A signed original of this written statement required by
      Section 906 has been provided to the Company and will be retained
      by the Company and furnished to the Securities and Exchange Commission
      or its staff upon request.*
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
  Form 10-K
  (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 as of the dates and for the periods
    expressed in the Report.    By:
    /s/  Edward
    F. Crawford   Title:
    Chairman and Chief Executive Officer  By:
    /s/  Jeffrey
    L. Rutherford   Title:
    Vice President and Chief Financial Officer
[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Notices]
[Page 61644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21260]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Shasta Lake Water Resources Investigation, Shasta and Tehama 
Counties, CA

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of additional public scoping meeting.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Reclamation will hold an additional public 
scoping meeting to solicit input on the scope of the environmental 
document, alternatives, concerns, and issues to be addressed in the EIS 
to be prepared. The notice of intent to prepare the EIS and notice of 
public scoping meetings was published in the Federal Register on 
October 7, 2005 (70 FR 58744).

DATES: The additional scoping meeting will be held on Thursday, 
November 3, 2005, from 11 a.m. to 3 p.m.
    The existing meeting dates are as follows:
    <bullet> October 24, 2005, 10 a.m. to 1 p.m., Sacramento, CA.
    <bullet> October 24, 2005, 6 to 9 p.m., Concord, CA.
    <bullet> October 26, 2005, 1 to 4 p.m., Los Angeles, CA.
    <bullet> November 1, 2005, 6 to 9 p.m., Fresno, CA.
    <bullet> November 2, 2005, 6 to 9 p.m., Dunsmuir, CA.
    <bullet> November 3, 2005, 6 to 9 p.m., Red Bluff, CA.

ADDRESSES: The additional scoping meeting will be held at the Redding 
Veterans Hall, 1605 Yuba Street, Redding, CA.
    The existing public scoping meeting locations are:
    <bullet> Federal Building, 2800 Cottage Way, Rooms C-1001 and C-
1002, Sacramento, CA.
    <bullet> Heald Conference Center, 5130 Commercial Circle, Concord, 
CA.
    <bullet> Metropolitan Water District of Southern California, 700 
North Alameda Street, Room 1-102, Los Angeles, CA.
    <bullet> Piccadilly Inn, 2305 West Shaw Avenue, in Fresno, CA.
    <bullet> Dunsmuir Community Building, 4835 Dunsmuir Avenue in 
Dunsmuir, CA.
    <bullet> Red Bluff Community Center, Auditorium, 1500 South 
Jackson.

FOR FURTHER INFORMATION CONTACT: Ms. Donna Garcia, Reclamation Project 
Manager, at the above address, at (916) 978-5009, TDD (916) 978-5608, 
or via fax at (916) 978-5094 or e-mail at <a href="/cdn-cgi/l/email-protection#5236353320313b33123f227c272130207c353d24"><span class="__cf_email__" data-cfemail="4c282b2d3e2f252d0c213c62393f2e3e622b233a">[email protected]</span></a>. If 
special assistance is required, please contact Ms. Sammie Cervantes at 
(916) 978-5189, TDD (916) 978-5608, or via e-mail at 
<a href="/cdn-cgi/l/email-protection#7605151304001718021305361b06580305140458111900"><span class="__cf_email__" data-cfemail="413222243337202f352432012c316f343223336f262e37">[email protected]</span></a> no less than 5 working days prior to the 
meetings.

    Dated: October 19, 2005.
Michael Nepstad,
Regional Environmental Officer, Mid-Pacific Region.
[FR Doc. 05-21260 Filed 10-24-05; 8:45 am]
BILLING CODE 4310-MN-P


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