alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PHYLLIS MAY STATEN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and DOES I THRU X, Respondents.

No. 9133

June 7, 1978

579 P.2d 766

*284[Rehearing denied July 12, 1978]

*Bell, Young & Barney,*Las Vegas, for Appellant.

*Dickerson, Miles & Pico,*and *Charles H. Wagner,*Las Vegas, for Respondents.

OPINION

*Per Curiam:*

Respondent insured appellant under a policy including $50,000 personal injury (no-fault) coverage, and $15/30,000 uninsured motorist protection. In 1974, appellant sustained serious injuries in an automobile collision with an uninsured motorist. Respondent paid basic reparation benefits pursuant to appellant’s no-fault coverage in excess of $15,000, but refused to pay additional claims under her uninsured motorist coverage. Appellant thereafter filed suit to recover the full $15,000 of uninsured motorist coverage, along with additional damages for breach of warranty and bad faith. The district court granted respondent’s motion for summary judgment, concluding: (1) respondent had a statutory right to deduct no-fault payments from uninsured motorist coverage; and (2) did not therefore act in bad faith or breach any implied warranty. We disagree with the lower court’s statutory interpretation and reverse.

*285NRS 690B.020(7) provides: “ *To the extent that*a person is entitled to basic reparation benefits under chapter 698 of NRS [no-fault], he may not recover payments under uninsured motor vehicle coverage.” (Emphasis added.) Respondent contends the Legislature intended the above language to permit a set-off of no-fault benefits against uninsured motorist protection. However, jurisdictions which have permitted such set-offs have done so only where legislation permitted an explicit “reduction” of benefits. *See, e.g.,*Cal. Ins. Code § 11580.2(e) (West); Or. Rev. Stat. § 743.835; Monaco v. United States Fidelity and Guaranty Co., 550 P.2d 422 (Or. 1976). Here, it appears that our Legislature intended NRS 690B.020(7) to preclude only a double recovery of benefits under both the no-fault and uninsured motorist provisions of a policy. *Cf.*Royal Globe Ins. Co. v. Connolly, 389 N.Y.S.2d 207 (App.Div. 1976); Rabideau v. Aetna Cas. & Sur. Co., 388 N.Y.S.2d 719 (App.Div. 1976); Adams v. Government Emp. Ins. Co., 383 N.Y.S.2d 319 (App.Div. 1976). Any other result would effectively negate the policy provision purchased for uninsured motorist coverage.

Appellant received $15,000 for economic detriment under her no-fault coverage. However, she was denied recovery under her uninsured motorist limits for additional economic and non-economic detriment suffered. When appellant purchased uninsured mototist protection, at added cost to herself, she was in effect buying a separate insurance policy for the defendant who injured her. If appellant had been injured by an insured defendant, then respondent concedes she would have been entitled to recover benefits under her own policy, and sue for additional recovery under the defendant’s policy. It would, therefore, be illogical to deny similar recovery to an insured who purchases such additional protection.

Reversed and remanded.
Exhibit
32.1
 
 CERTIFICATION
OF CHIEF EXECUTIVE OFFICER
 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 accompanying Quarterly Report on Form 10-Q of Excellency
Investment Realty Trust, Inc. for the fiscal quarter ending September 30, 2008,
I, David Mladen, Chief Executive Officer of Excellency Investment Realty Trust,
Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that:
 
 1.           Such
Quarterly Report on Form 10-Q for the fiscal quarter ending September 30, 2008,
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 such Quarterly Report on Form 10-Q for the fiscal
quarter ending September 30, 2008, fairly presents, in all material respects,
the financial condition and results of operations of Excellency Investment
Realty Trust, Inc.
 Dated:
November 14, 2008.
 /s/ David MladenDavid
      Mladen, Chief Executive Officer ofExcellency
      Investment Realty Trust,
Inc.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from SEC Form 10K and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-2000
<PERIOD-END>                               JAN-31-2000
<CASH>                                      11,096,500
<SECURITIES>                                 8,203,700
<RECEIVABLES>                                2,266,000
<ALLOWANCES>                                         0
<INVENTORY>                                  4,322,400
<CURRENT-ASSETS>                            26,687,500
<PP&E>                                       1,822,300
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              29,780,500
<CURRENT-LIABILITIES>                        7,172,500
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       135,400
<OTHER-SE>                                  22,347,500
<TOTAL-LIABILITY-AND-EQUITY>                29,780,500
<SALES>                                     31,840,900
<TOTAL-REVENUES>                            31,840,900
<CGS>                                       15,040,200
<TOTAL-COSTS>                               15,040,200
<OTHER-EXPENSES>                            14,577,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             206,100
<INCOME-PRETAX>                              2,017,600
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          2,017,600
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,017,600
<EPS-BASIC>                                       0.18
<EPS-DILUTED>                                     0.17


</TABLE>
**Exhibit32.3**

 

 

 

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER 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 ofInternational Aluminum Corporation (the “Company”) on Form 10-Q for the periodending September 30, 2004, as filed with the Securities and Exchange Commission(the “Report”), I, Mitchell K. Fogelman, the Senior Vice President-Finance andChief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that to my knowledge:

 

1.                           The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.                           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

 

 
| Date:   November 9, 2004 | /s/ MITCHELL K.  FOGELMAN        |
|------------------------------------|----------------------------------|
|                               | Mitchell  K. Fogelman            |
|                               | Senior  Vice President - Finance |
|                               | and  Chief Financial Officer     |

 

 

 

 

1

----
<PAGE>

                                                                   EXHIBIT 10.59



                    AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT

THIS AMENDMENT NO. 1 ("Amendment") is made as of the 5th day of April, 2001, to
the Employment Agreement, made as of the 30th day of April, 2000 (the
"Employment Agreement"), by and between ValueVision International, Inc., a
Minnesota corporation (hereinafter referred to as "Employer"), and Nathan Fagre
(hereinafter referred to as "Employee").

                                  WITNESSETH:

WHEREAS, Employer and Employee mutually desire to amend the provisions of the
Employment Agreement as set forth below;

NOW, THEREFORE, in consideration of the premises and mutual promises contained
in this Amendment, the parties hereto agree as follows:

     1.   The first sentence of Section 2 "Term" of the Employment Agreement is
          hereby amended in its entirety to read as follows: "The term of
          Employee's employment hereunder shall commence on the date hereof and
          shall continue on a full-time basis until April 30, 2004."

This Amendment shall become effective as of the date first above written.

IN WITNESS WHEREOF, the parties hereto have executed or caused this Amendment to
be executed as of the day, month and year first above written.


EMPLOYER:                                  VALUEVISION INTERNATIONAL, INC.



                                           By: /s/ Gene McCaffery
                                               ---------------------------------
                                               Gene McCaffery
                                                 Its: Chief Executive Officer


EMPLOYEE:                                  By: /s/ Nathan Fagre
                                               ---------------------------------
                                               Nathan Fagre
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 Justice

          - [AAG/A Order No. 011-2005] 

                    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Department of Justice is removing a published Privacy Act system of records entitled “Department of Justice (DOJ) Call Detail Records, Justice/JMD-012,” last published in the                     **Federal Register**                     on September 27, 1996, at 61 FR 50870.                 

                    This system of records notice is no longer necessary because DOJ authorized Bell Atlantic to terminate the Message Detail Recording on April 16, 1999. At the present time, a Verizon-owned computer processes telephone circuit usage for the Washington Area Switch Program (WASP II). That function (including long-distance calling) has been totally taken in-house by Verizon. The only way DOJ can have access to this information would be by a valid subpoena issued against Verizon. The DOJ records have been destroyed in accordance with the Retention and Disposal schedule provided in the                     **Federal Register**                     notice of September 27, 1996.                 

                    Therefore, the system of records entitled “Department of Justice Call Detail Records, Justice/JMD-012” is removed from the Department's compilation of Privacy Act systems of records effective on the date of publication of this notice in the                     **Federal Register**                    .                 

Dated: October 6, 2005. 

Paul R. Corts, 

Assistant Attorney General for Administration. 

[FR Doc. 05-20998 Filed 10-19-05; 8:45 am] 

BILLING CODE 4410-FB-P
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

EXHIBIT 4.2    
  


SEE
RESTRICTIVE LEGEND ON REVERSE SIDE HEREOF 



	 	 	A Delaware Corporation	 	 
	

 	
 	

 	
 	

 
	

NUMBER



**	
 	

 	
 	

SHARES



**
	

 	
 	

 	
 	

 
	 	 	UNITEDGLOBALCOM, INC.
 CLASS B COMMON STOCK

Shares are with $.01 par value	 	 





This Certifies that            is the owner
of                        Shares of the Capital Stock of 



	UnitedGlobalCom, Inc.	 	Fully Paid and Non-Assessable





transferable
only on the books of the Corporation by the holder hereof in person or by Attorney upon surrender of this Certificate properly endorsed. 


        In Witness Whereof, the said Corporation has caused this Certificate to be signed by its duly authorized officers and its Corporate Seal
to be hereunto affixed this        day of                        A.D. 



	
 Senior Vice President	 	 	 	
 Assistant Secretary








THE
SHARES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE "ACT") AND ARE "RESTRICTED SECURITIES" AS THAT TERM IS DEFINED IN RULE 144 UNDER THE ACT. THE
SHARES MAY NOT BE OFFERED FOR SALE, SOLD OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE ACT, THE
AVAILABILITY OF WHICH IS TO BE ESTABLISHED TO THE SATISFACTION OF THE COMPANY. 


THE
SECURITIES REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO A FOUNDERS AGREEMENT (NEW UNITED), DATED AS OF JANUARY 30, 2002, COPIES OF WHICH ARE AVAILABLE FROM UNITEDGLOBALCOM, INC. UPON REQUEST,
AND ANY SALE, PLEDGE, HYPOTHECATION, TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF SUCH SECURITIES IS SUBJECT TO THE PROVISIONS OF SUCH FOUNDERS AGREEMENT. 


THE
SECURITIES REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO A STOCKHOLDERS AGREEMENT AND A VOTING AGREEMENT, EACH DATED AS OF JANUARY 30, 2002, COPIES OF WHICH ARE AVAILABLE FROM UNITEDGLOBALCOM,
INC. UPON REQUEST, AND ANY SALE, PLEDGE, HYPOTHECATION, TRANSFER, ASSIGNMENT
OR OTHER DISPOSITION OF SUCH SECURITIES IS SUBJECT TO SUCH STOCKHOLDERS AGREEMENT AND VOTING AGREEMENT. 



	CERTIFICATE
	

FOR
	

 
	SHARES
	

 
	OF
	

 
	CAPITAL STOCK
	

 
	ISSUED TO
	

 
	
 DATED
	

 
	







	    For Value Received,        hereby sell, assign and transfer
	

 	
 	

 	
 	

 
	unto	 	 	 	 
	 	 	
	 	 
	
	 	Shares
	of the Capital Stock represented by the within Certificate, and do hereby irrevocably constitute and appoint
	 	 	 	 	Attorney
	
	 	 
	to transfer the said Stock on the books of the within named Corporation with full power of substitution in the premises.





	

 	
 	

 	
 	

 
	Dated	 	 	 	 
	 	 	
	 	 
	

 	
 	

 	
 	

 
	In presence of	 	 
	

 	
 	

 	
 	

 
	
	 	









NOTICE: THE SIGNATURE OF THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER. 









QuickLinks



EXHIBIT 4.2
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk December 28, 2011

h1219 

# Order

December 28, 2011

143729 & (13)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143729 COA: 304497 TARRANCE L. CUMMINGS, a/k/a Wayne CC: 86-003739-FC TERRANCE CUMMINGS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the August 17, 2011 order of the Court of Appeal s is considered, and it is DE NIED, because the defendant’s motion for relief from judgment is prohibited by MCR 6.50 2(G). The motion for remand

is DENIED.
**Exhibit      32.2**

**CERTIFICATION      PURSUANT      TO**

**18      U.S.C. SECTION      1350,**

**AS      ADOPTED PURSUANT      TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF      2002**

| (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. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Signature: | /s/                Richard R.                Isaak                                                                                                                                         |
|--------|------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |       | Richard                R.                Isaak Controller                and Chief                Accounting Officer (Principal                Financial                Officer) |

|   | Date: | November                9,                2007 |
|--------|-------|------------------------------------------------|
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 the Interior

###### Bureau of Land Management 

          - [NM-030-1430-EU; NMNM 100778] 

# AGENCY:

Bureau of Land Management (BLM), Interior. 

# ACTION:

Correction. 

# SUMMARY:

                        In                         **Federal Register**                        , Vol. 70, No. 2, Notices, beginning on page 379 in the issue of Tuesday, January 4, 2005, make the following correction. Under the                         **SUPPLEMENTARY INFORMATION**                         heading, the legal description should read:                     

## New Mexico Principal Meridian 

T. 13 S., R. 4 W., NMPM 

Sec. 10, lot 5 

Containing 5 acres, more or less. 

Dated: January 27, 2005. 

Edwin L. Roberson, 

Field Manager, Las Cruces. 

[FR Doc. 05-2084 Filed 2-2-05; 8:45 am] 

BILLING CODE 4310-VC-P
**Avis juridique important**

*|*

# 31986R2889

**Commission Regulation (EEC) No 2889/86 of 18 September 1986 amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter***Official Journal L 267 , 19/09/1986 P. 0013 - 0013 Finnish special edition: Chapter 3 Volume 21 P. 0273  Swedish special edition: Chapter 3 Volume 21 P. 0273*

*****

COMMISSION  REGULATION (EEC) No 2889/86  

of 18 September 1986  

amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter  

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  

Having regard to the Treaty establishing the European Economic Community,  

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1335/86 (2), and in particular Article 6 (7) thereof,  

Whereas Commission Regulation (EEC) No 3143/85 (3), as last amended by Regulation (EEC) No 1741/86 (4), introduced a scheme for the sale at reduced prices of intervention butter for direct consumption in the form of concentrated butter;  

Whereas Article 4 (4) of Regulation (EEC) No 3143/85 set time limits for the processing of butter into concentrated butter and the packaging thereof; whereas Commission Regulation (EEC) No 1325/86 (5) introduced a derogation from the time limit for contracts concluded before 1 May 1986, since the unfavourable trend in sales of concentrated butter meant that operators could not meet the time limit without running a considerable commercial risk, given their obligation under national provisions to display on packs a final date for use; whereas the advertising campaign just launched to promote the use of concentrated butter will not produce results for some time; whereas the time limit for contracts concluded before 1 May 1986 should therefore be further extended so that operators can benefit from the campaign;  

Whereas the measures provided in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products,  

HAS ADOPTED THIS REGULATION:  

Article 1  

In the second subparagraph of Article 4 (4) of Regulation (EEC) No 3143/85, '1 September 1986' is replaced by '1 November 1986'.  

Article 2  

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.  

This Regulation shall be binding in its entirety and directly applicable in all Member States.  

Done at Brussels, 18 September 1986.  

For the Commission  

Frans ANDRIESSEN  

Vice-President  

(1) OJ No L 148, 28. 6. 1968, p. 13.  

(2) OJ No L 119, 8. 5. 1986, p. 19.  

(3) OJ No L 298, 12. 11. 1985, p. 9.  

(4) OJ No L 151, 5. 6. 1986, p. 20.  

(5) OJ No L 117, 6. 5. 1986, p. 14.
Fourth Court of Appeals

San Antonio, Texas

November 8, 2016

No. 04-16-00449-CR

Eugene TIDWELL,

Appellant

v.

The STATE of Texas,

Appellee

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR4975

Honorable Lorina I. Rummel, Judge Presiding

O R D E R

Appellant’s court-appointed appellate attorney filed an Anders brief in this appeal. 

See Anders v. California, 386 U.S. 738 (1967). Counsel advised appellant of his right to 

review the record and file his own brief, and explained to appellant the procedure for 

obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San 

Antonio 1996, no pet.). Appellant, who is incarcerated, has filed a motion to obtain a 

copy of the record. 

Appellant’s motion for access to the appellate record is granted. We order the 

clerk of this court to send appellant, pro se, a copy of the record. We further order

appellant’s pro se brief is due December 23, 2016. Appellant is advised that no 

extensions of time to file the pro se brief will be granted absent a showing of 

extraordinary circumstances.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 8th day of November, 2016.
___________________________________

Keith E. Hottle

Clerk of Court