alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 1:06-cv-15060-AKH Document 4 Filed 12/08/2006 Page 1 of 1
#### STATE v. RAKINA and STATE v. ZOFIRA

No. 175PC

Case below: 49 N.C. App. 537

Petition by Kimmelman, Surety, for discretionary review under G.S. 7A-31 denied 4 March 1981.
#### STATE OF NORTH CAROLINA v. JAMES EDWIN HOPPER.

(Filed 27 September, 1967.)

Criminal Law § 138—

Punishments within the statutory máximums cannot constitute cruel and unusual punishment.

Appeal by defendant from *McLean, J.,*23 January 1987, Regular one-week Mixed Sessions, Superior Court of CLEVELAND County.

The defendant was charged with the forgery and uttering of two checks drawn on the account of Dr. L. Gene Yarboro with the Union Trust Co. of Shelby, N. C. One was in the sum of $87.43, the other for $78.34.

The defendant was fully apprised of his rights when arrested and then told the officers that he had bought a tire from Pendleton’s Tire Store on the $87.43 check and got the balance of $72.93 in money.

He said he cashed the $78.34 check at the bank.

The State’s evidence fully supported the charges.

When brought to trial, the judge carefully explained his rights to the defendant who then said that he understood the nature of the charges, that he had authorized his Court-appointed attorney N. Dixon Lackey, Jr., to enter pleas of guilty to them. He made a statement admitting his guilt in both cases, which was similar to the one previously made to the officers.

The State then offered evidence that the defendant had been convicted of forgery in 1964, and the larceny of an automobile in 1965, and was on probation for the latter charge at the time of trial.

The two cases were consolidated for judgment; and the Court pronounced prison sentences of not less than seven (7) nor more than, ten (10) years for forgery, and not less than five (5) nor more than seven (7) years for uttering, to run consecutively. The defendant appealed.

*N. Dixon Lackey; Jr., Attorney for defendant appellant.*

*T. W. Bruton, Attorney General, and Harry W. McGalliard, Deputy Attorney General, for the State.*

Per Curiam.

The defendant’s only assignment of error is that the prison sentences imposed constituted cruel and unusual punishment. Upon his pleas of guilty, he could have been given a total of forty years’ imprisonment for the forgery and uttering of the two checks. G.S. 14-119 and G.S. 14-120.

With a record of two felony convictions in which, so far as the *465present record shows, he received no active prison sentences, he could hardly hope for further slap-on-the-wrist treatment by the Court. The sentences pronounced herein, while severe, amount to only about a third of the time of imprisonment permissible under the defendant’s pleas of guilty. We have held, frequently and repeatedly, that this does not constitute cruel and unusual punishment. *State v.*Elliott, 269 N.C. 683, 153 S.E. 2d 330, and many cases there cited.

This being the only ground upon which the defendant seeks relief, it is hereby denied.

Affirmed.
#### In the Matter of the Assignment of Adolph Vietor, Doing Business under the Firm Name of Frederick Probst & Company. Bank of New York National Banking Association, Appellant; Joseph M. Proskauer, Assignee, Respondent.

*Matter of Vietor,*183 App. Div. 883, affirmed.

(Submitted November 12, 1918;

decided November 26, 1918.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1918, which affirmed an order of Special Term allowing on the claim of the appellant herein the sum of $63,381.27, being the difference between $133,030.23, the amount of said claim as filed, and $69,648.96, the value of its collateral security. Appellant claimed that it was entitled to dividends upon the total amount of its claim as filed, that is, upon the amount owing at the date of the assignment, and that it was entitled to receive the full amount of such dividends as well as to receive the proceeds of its security until the debt shall have been paid in full. The following questions were certified: *“*(1) In the administration of an estate, pursuant to the provisions of the Debtor and Creditor Law, as amended'by chapter 360 of the Laws of 1914, shall an otherwise provable claim of a partially secured creditor be allowed for the full amount owing at the date of the assignment, payments from any dividends declared thereon being limited by the balance owing over and above the value of such security? (2) In the administration of an estate, pursuant to the provisions of the Debtor and Creditor Law, as amended by chapter 360 of the Laws of 1914, shall an otherwise provable claim of a partially secured creditor be allowed only for the difference between the amount owing at the date of the assignment and the value of the security held by claimant for such debt or claim, dividends being computed only upon such difference? ”

*708
      *Karl T. Frederick*and *John Henry Mottola*for appellant.

*James N. Rosenberg*and *Franklin P. Schaffer*for respondent.

Order affirmed, with costs. First question certified not answered, second question answered in the affirmative; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.
SECURITIES AND EXCHANGE COMMISSION

                                WASHINGTON, D.C.

                                   FORM 10-Q
                                QUARTERLY REPORT

       Under Section 13 or 15 (d) of the Securities Exchange Act of 1934

                             FOR  NINE MONTHS ENDED

                               September 30, 1997

                            Commission File:  0-1999

                            KENTUCKY INVESTORS, INC.
               (Exact name of registrant as specified in Charter)

                                    KENTUCKY
         (State of Other Jurisdiction of Incorporation or Organization)

                                   61-6030333
                      (IRS Employer Identification Number

                       200 Capital Avenue, P. O. Box 717
                           Frankfort, Kentucky  40602
                    (Address of Principal Executive Offices)

                 Registrant's Telephone Number - (502) 223-2361

          Securities registered pursuant to Section 13(g) of the Act:

                 Common Capital Stock par value $1.00 per share
                                (Title of Class)

        Number of outstanding shares as of  September 30, 1997- 833,407

Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act
of 1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days Yes X    No ____




                          PART II - OTHER INFORMATION

ITEM 1.  Legal Proceedings.

There are no legal proceedings to which the Registrant is a party.

ITEM 2.  Changes in Securities.

Not Applicable.

ITEM 3.  Defaults Upon Senior Securities.

Not Applicable.

ITEM 4.  Submission of matters to a Vote of Security Holders.

Not Applicable.

ITEM  5.  Other Information.
Not Applicable.


ITEM 6.  Exhibits and Reports on Form 8-K.

(a)  Definitive Proxy Statements and Annual Reviews were filed with the
Securities and Exchange Commission.

(b)  There were no reports filed on Form 8-K during the quarter ended September
30, 1997.

(c)  Exhibit 27 - Financial Data Schedule.


                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.

KENTUCKY INVESTORS, INC.

/s/
BY:  HARRY LEE WATERFIELD II
PRESIDENT
DATE:  November 5, 1997


/s/
BY:  JIMMY R. MCIVER
TREASURER
DATE:  November 5, 1997
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0 166 STATE OF MONTANA,

Plaintiff and Appellee, v. KYLE ALEXANDER HAMM ,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 3, 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 28 2020

12/28/2020

Case Number: DA 20-0166
#### SCOTT v. MOSER

No. 133 PC.

Case below: 31 N.C. App. 268.

Petition by defendant for discretionary review under G.S. 7A-31 denied 31 January 1977.
Exhibit 32.2



CERTIFICATION



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the
United States Code (18 U.S.C. Section 1350), Kevin M. Carney, Chief Financial Officer of Website Pros, Inc., a Delaware corporation (the Company) hereby certifies that, to the best of his knowledge, as follows:



The Companys Annual Report on Form 10-K for the year ended December 31, 2005, to
which this Certification is attached as Exhibit 32.1 (the Annual Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Annual
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



IN WITNESS WHEREOF, the undersigned has set his hand hereto as of this8thday of March, 2006.



A signed original of this written statement required by Rule 13a-14(b) of the Securities
Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. Section 1350), has been provided to Website Pros, Inc. and will be retained by Website Pros, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request. This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any
filing of Website Pros, Inc. under 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 Form 10-K), irrespective of any general incorporation language contained in
such filing.



By:

/s/ Kevin M. CarneyKevin M. CarneyChief Financial Officer(Principal Financial and Accounting Officer)
Case 1:07-cv-03455-RJH Document 10 Filed 07/02/2007 Page 1 of 3
Case 1:07-cv-03455-RJH Document 10 Filed 07/02/2007 Page 2 of 3
Case 1:07-cv-03455-RJH Document 10 Filed 07/02/2007 Page 3 of 3
DENY and Opinion Filed January 27, 2022 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-21-00529-CV IN RE BMW OF NORTH AMERICA, LLC, Relator Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-02329 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek In this original proceeding, relator c omplains about the trial court’s denial of its request to excuse waived objections to requests for production. Entitlement to mandamus relief requires rela tor to show that the tria l court clearly abused its discretion and that relator lacks an adequate a ppellate remedy. In re Prudential Ins.
Co ., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on our review of the petition fo r writ of mandamus, real party in interest’s response, relator’s reply, and the record, we conc lude that relator has failed to show its entitlement to the relief requested. See T EX
. R. A PP
. P. 52.8(a).–2– Accordingly, we deny the petition. We al so lift the stay issued by this Court’s July 1, 2021 order.

210529F.P05 /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE
Case 7:07-cv-03460-CLB Document 6 Filed 01/17/2008 Page 1 of 2Case 7:07-cv-03460-CLB Document 6 Filed 01/17/2008 Page 2 of 2
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

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2005-22005; Airspace Docket No. 05-ACE-29]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Direct final rule; confirmation of effective date. 

# SUMMARY:

This document confirms the effective date of the direct final rule which revises Class E airspace at Wellington Municipal Airport, KS.

# EFFECTIVE DATE:

0901 UTC, December 22, 2005.

# FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64296; telephone: (816) 329-2524.

# SUPPLEMENTARY INFORMATION:

                    The FAA published this direct final rule with a request for comments in the                     **Federal Register**                     on October 3, 2005 (70 FR 57498). The FAA uses the direct final rulemaking procedure for a non-controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on December 22, 2005. No adverse comments were received, and thus this notice confirms that this direct final rule will become effective on that date.                

Issued in Kansas City, MO on November 2, 2005.

Elizabeth S. Wallis,

Acting Area Director, Western Flight Services Operations.

[FR Doc. 05-22916  Filed 11-17-05; 8:45 am]

BILLING CODE 4929-13-M
`Exhibit 32(b)

                                  CERTIFICATION

          Pursuant  to 18  U.S.C.  Section  1350,  the  undersigned  officer  of
Decorize,  Inc. (the  "Company"),  hereby  certifies  that the Company's  Annual
Report on Form  10-KSB/A for the year ended June 30, 2002 (the  "Report")  fully
complies with the requirements of Section 13(a) or 15(d), as applicable,  of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents,  in all material respects,  the financial condition and results
of operations of the Company.


/s/ Alex Budzinsky
----------------------------------------------------
Alex Budzinsky
Executive Vice President and Chief Financial Officer
December 19, 2003`
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1779 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1779

        To repeal the Protection of Lawful Commerce in Arms Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2019

 Mr. Blumenthal (for himself, Mr. Murphy, Mrs. Feinstein, Mr. Markey, 
  Mr. Menendez, Ms. Duckworth, Mr. Sanders, Mr. Reed, Ms. Harris, Mr. 
  Durbin, Mrs. Murray, Ms. Klobuchar, and Mr. Cardin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
        To repeal the Protection of Lawful Commerce in Arms Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Justice for Victims 
of Gun Violence Act''.

SEC. 2. REPEAL OF THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT.

    Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms 
Act (15 U.S.C. 7901, 7902, and 7903) are repealed.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE> 5

<MULTIPLIER> 1,000

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               JUN-30-1996
<PERIOD-START>                  JUL-01-1995
<PERIOD-END>                    DEC-31-1995
<CASH>                                1,044
<SECURITIES>                              0
<RECEIVABLES>                           515
<ALLOWANCES>                              0
<INVENTORY>                           1,454
<CURRENT-ASSETS>                      3,028
<PP&E>                                  256
<DEPRECIATION>                           30
<TOTAL-ASSETS>                        3,752
<CURRENT-LIABILITIES>                   247
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                                243
<OTHER-SE>                            3,262
<TOTAL-LIABILITY-AND-EQUITY>          3,752
<SALES>                               2,047
<TOTAL-REVENUES>                      2,047
<CGS>                                 2,844
<TOTAL-COSTS>                         2,844
<OTHER-EXPENSES>                        157
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                       (928)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                       0
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                          (928)
<EPS-PRIMARY>                        (1.91)
<EPS-DILUTED>                         (.00)
        


</TABLE>
Form of Phantom Equityholder Acknowledgement to Amendment No. 3



 Exhibit 10.26 
 ACKNOWLEDGEMENT AND AMENDMENT 
 The undersigned,
                        , hereby acknowledges and confirms that he has reviewed with counsel that certain Amendment No. 3 to
Agreement and Plan of Reorganization, dated July 28, 2009, by and among Alternative Asset Management Acquisition Corp., a Delaware corporation, Great American Group, Inc., a Delaware corporation, AAMAC Merger Sub, Inc., a Delaware corporation,
on the one hand, and Great American Group, LLC, a California limited liability company (the “Company”), Andrew Gumaer, in his capacity as a Member and as the Member Representative, and Harvey Yellen, in his capacity as a Member, on
the other hand, the form of which is attached hereto as Exhibit A (the “Amendment”). 
 The undersigned hereby
acknowledges and agrees that all references in that certain Amendment Agreement and Release, dated on or about May 13, 2009, between the undersigned and the Company (the “Release”), to “Merger Agreement,”
“therein,” or terms of like import, referring to the Merger Agreement or any portion thereof are hereby amended to refer to the Merger Agreement as amended by the Amendment (and any previous amendment(s) thereto). 
 The undersigned hereby acknowledges and agrees that the modifications contained in the Amendment modify the third sentence of Section (b) of the
Release as well as the Discussion Materials attached as Exhibit B to the Release and therefore the undersigned hereby acknowledges and agrees that: 
  

	 	1.	the third sentence of Section (b) of the Release is hereby amended and restated to read as follows in its entirety: 

 “I agree, understand and acknowledge that, absent this Agreement, pursuant to the Sale and as a result of my participation in the Plan, I would be
entitled to approximately a     % interest in the total consideration received by the equity holders of the Company equal to a pre-tax consideration amount of
$             million in the form of a promissory note,
                         shares of common stock of the Acquiror (or an affiliate thereof) and
             shares of the Contingency Stock Payment (as defined in the Merger Agreement) (collectively, with any other payment, right and benefit, including any payments that might
otherwise become due and owing under the Plan upon a Separation from Service (as defined in the Plan), that I would be entitled to under the Plan, the “Released Payment”)”; and 
  

	 	2.	all references in the Release to the “Discussion Materials” or “Exhibit B” or terms of like import, referring to the Discussion Materials or any portion
thereof are hereby amended to refer to the Second Amended Discussion Materials dated as of July 29, 2009 attached hereto as Exhibit B. 

 Date: July     , 2009 
  

			
	By:	 	  

		 	 [Name]
f8k082409ex10_310.htm


Exhibit 10.1

 



 

August 24, 2009





Mr. John Bordynuik, CEO

310 Holdings, Inc.

Ontario, Canada





RE: Media Credits Purchase and Assignment





Dear John;





This letter shall constitute our agreement and understanding concerning the sale and assignment of  $9,997,134 of Media credits in print and radio that DoMark International, Inc. owns free and clear of any liens or encumbrances of any kind to 310 Holdings, Inc. pursuant to the following terms:





1. For and as consideration of the assignment to 310 Holdings, Inc. of above referenced media credits of $9,997,134, 310 Holdings shall issue to Domark International, Inc. one million shares (1,000,000) of restricted common stock of 310 Holdings, Inc. Domark’s EIN number is 20-4647578. Domark’s
address is 1809 East Broadway #125 Oviedo, Florida 32765





2. For and as consideration of the issuance of shares by 310 to Domark, Domark shall assign, set over and transfer title and interest to its remaining balance of media credits as set forth herein to 310 Holdings, Inc. Domark represents and warrants to 310 that the media credits being assigned herein are free and clear of any liens
or encumbrances and Domark shall indemnify and hold harmless 310 from any claims relating to the media credits.





3. Upon closing, Domark shall notify the vendor of the sale and assignment and copy 310 Holdings on the communication to the vendor.





If these terms and conditions are acceptable, please execute in the space provided below and return to me by PDF file or by fax to 407-349-1511.





Sincerely,

 

/s/ Thomas Kidd                                  
       



R. Thomas Kidd

Chief Executive Officer

 

Letter of August 24, 2009

Media Credits Purchase and Assignment

 

Accepted and Agreed:

 

310 Holdings, Inc.

 

By: /s/ John Bordynuik                           

                  Its CEO
#### MONTFORD v. GROHMAN

No. 56.

Case below: 36 N.C. App. 733.

Motion of defendant to dismiss plaintiff’s appeal for lack of substantial constitutional question allowed 29 August 1978.
January 13 , 2015



### JUDGMENT 

## The Fourteenth Court of Appeals

KIMBERLY MITCHELL , Appellant

NO. 14

- 14

- 00928

- CV V.
CHASE BANK, TARAD RA SHAWN BESSAR D, TANYA JOHNSON , Appellee s

________________________________ Today the Court heard its own motion to dismiss the appeal from the order purportedly signed by the court below on November 14, 2014. Having considered the motion and found it meritorious, we or der the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by appellant, Kimberly Mitchell. We further order this decision certified below for observance.