alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, July 30, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, July 30, 2018 The Court of Appeals hereby passes the following order A18I0253. AUTO-OWNERS INSURANCE COMPANY v. CW MASONRY, INC. et al. .
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 17A00477
#### R. F. Adams, plaintiff in error *vs.*Edmund H. Worrill, defendant in error.

To make one a “ claimant” of the property, within the meaning of section 5 of the Act of October 13,1870, so as to be permitted to file the counter-affidavit there provided for, he must put in a claim to the property, under the claim laws of this State.

Relief Act of 1870. Tax-affidavit. Claim. Before Judge Harrell. Stewart Superior Court. April Term, 1872.

An execution in favor of Edmund H. Worrill against Charles B. Adams, administrator, and Holland Adams, administratrix of Samuel Adams, deceased, for $1,955 35, principal, and $600 61, interest, based upon a contract created before June 1st, 1865, was levied upon certain real estate, as the property of defendants in execution. R. F. Adams filed an affidavit that he claimed the property levied on, and that all legal taxes chargeable by law on said execution had not been paid. When the ease was called in the Superior Court the plaintiff in execution moved to dismiss said affidavit, on the ground that there was no evidence that said affiant was a claimant of said property. The Court sustained the motion and dismissed the affidavit.

R. F. Adams excepted to said ruling and assigns the same as error.

Beall & Tucker, for plaintiff in error.

H. Fielder; S. G. Raiford, for defendant.

*296McCay, Judge.

It is our judgment that the woi’d “ claimant,” used in the fifth section of the Act of October 13th, 1870, means one who has put in a *“claim”*to property levied on under an execution, as provided by our claim laws. That is the technical meaning of the word in this State, when used in the connection in which it is used in the section referred to. The object of the Act was to give the “ claimant,” in case property was levied on and claimed under an execution founded on a debt contracted before June, 1865, the same right to attack the *ft. fa.*for want of the payment of taxes as the defendant had. But to do this he must be a claimant. He must have put in his claim as the law requires. It is only when this has been done that he can be recognized asa claimant. Until he thus becomes a party to the proceedings he is only a stranger, and has no rights or interest in the matter.

Judgment affirmed..
Case: 19-30088 Doc# 187 Filed: 01/31/19 Entered: 01/31/19 14:43:13 Page 1 of 1
Cite as 2014 Ark. 56



## SUPREME COURT OF ARKANSAS
No. CV-14-36
LINDA MARSTON, PATSY ELLIFRITZ, DENNIS TAYLOR, and WANDA GRAGG
APPELLANTS
V. JAMES E. TAYLOR, DIANE CRIMS, JANICE HAGLER, and JOANN MORGAN APPELLEES Opinion Delivered February 6, 2014
MOTION FOR RULE ON CLERK

REMANDED.

PER CURIAM
Appellants Linda Marston, Patsy Ellifritz, Dennis Taylor, and Wanda Gragg, filed a motion for rule on clerk seeking an order of this court directing the Arkansas Supreme Court Clerk to accept their record for filing. Appellants tendered the record on December 30, 2013, under an extension of time granted by the circuit court on November 8, 2013. The clerk refused to file the record because the extension order did not comply with Ark. R. App. P.–Civ. 5(b)(1), which provides as follows: (b) Extension of time. (1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before expiration of the period prescribed by subdivision (a) of this rule or a prior extension order, may extend the time for filing the record only if it makes the following findings: (A) The appellant has filed a motion explaining the reasons for the requested extension and served the motion on all counsel of record;Cite as 2014 Ark. 56

(B) The time to file the record on appeal has not yet expired; (C) All parties have had the opportunity to be heard on the motion, either at a hearing or by responding in writing; (D) The appellant, in compliance with Rule 6(b), has timely ordered the stenographically reported material from the court reporter and made any financial arrangements required for its preparation; and (E) An extension of time is necessary for the court reporter to include the stenographically reported material in the record on appeal. This court has made clear that it expects compliance with the requirements of Rule 5(b) and that it does not view the granting of an extension as a mere formality. Byrer v. Colvard , 372 Ark. 460, 277 S.W.3d 209 (2008). Rule 5 and our case law require that the circuit court consider and make findings that the conditions listed in subdivision (b)(1)(A)-(E) of Rule 5 have been met. The order before us recites the following: On this 8th day of November, 2013, this matter comes before the Court, the Court being well and sufficiently advised does find as follows: 1. That this Court grants an extension of 30 days. Although we have the appellants’ motion to the circuit court before us, we do not infer from its averments that Rule 5 has been complied with, and the circuit court’s order must reflect that each condition has been met. Byrer, supra . Because the order of extension in this case makes no reference to the consideration of the Rule 5 requirements, we remand this matter to the circuit court for compliance with Rule 5(b)(1). Byrer, supra
. Remanded. Medlock & Gramlich, LLP , by: Steven Estell , for appellants. No response.
2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       4,972,000
<SECURITIES>                                28,375,000
<RECEIVABLES>                                  588,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            34,485,000
<PP&E>                                       1,599,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              36,180,000
<CURRENT-LIABILITIES>                        3,271,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,000
<OTHER-SE>                                  32,205,000
<TOTAL-LIABILITY-AND-EQUITY>                36,180,000
<SALES>                                              0
<TOTAL-REVENUES>                            11,197,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            20,965,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              59,000
<INCOME-PRETAX>                             (7,593,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (7,593,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (7,593,000)
<EPS-PRIMARY>                                    (0.82)
<EPS-DILUTED>                                    (0.82)


</TABLE>
#### Roberts Machine Company *v.*Kelly, Appellant.

July 13, 1905:

*Judgment*— Opening *judgment*— Discretion *of court*— Sale—Warranty— *Evidence.*

The appellate court will not review the discretion of the lower court refusing to open a judgment entered on a judgment note given for the price of a boiler, where the evidence as to the breach of a warranty set up by the defendant is uncertain and contradictory.

Argued May 10, 1905.

Appeal, No. 129, April T., 1905, by defendant, from order of C. P. Lawrence Co., Dec. T., 1902, No. 106, discharging rule to open judgment in case of Roberts Machine Company to use of State National Bank of Cleveland.

Before Beaver, Orlady, Smith, Porter, Morrison and Henderson, JJ.

Affirmed.

Rule to open judgment entered on a judgment note for the price of a boiler. Before Wallace, P. *J'.*

The opinion of the Superior Court states the case.

*Error assigned*was the order of the court.

*E. M.*Underwood, for appellants.

*J. Norman Martin,*for appellee.

Opinion by

Beaver, J.,

After a careful reading of the testimony in this case, we can see no occasion for interfering with the decree of the court in discharging the rule to show cause why the judgment entered upon a judgment note of the defendants should not be opened and the defendants let into a defense.

Assuming, for the sake of the argument, that the allegation of the defendants as to the warranty by the legal plaintiff is true in every respect, it is not shown that the boiler at the time of the delivery to the defendants was not as represented. The plaintiff’s testimony shows that it was tested after the repairs were made. The defendants’ testimony shows that it leaked after several months’ use. Whether it was in a leaky condi*541tion at the time of delivery or whether the hard usage, as to which the witness Meehan who repaired it testified, occurred after or before the sale, does not appear.

The judge of the court below evidently carefully considered the testimony and, with the exercise of his discretion in the premises, we can find no grounds upon which to base our interference.

The order discharging the rule to show cause is affirmed
**EXHIBIT21.1**

 

**SUBSIDIARIES**

**OF**

**ZOMAXINCORPORATED**

 

 
| **Company**                         | ** ** | **State or Place of Organization** | ** ** |
|-------------------------------------|------------|------------------------------------|------------|
|                                |       |                               |       |
| Zomax Canada Acquisition, LLC       |       | Minnesota                          |       |
| Zomax Canada Company(1)             |       | Nova Scotia                        |       |
| Primary Marketing Group Limited     |       | Ireland                            |       |
| Zomax Limited(2)                    |       | Ireland                            |       |
| Zomax U.S., Inc.                    |       | Delaware                           |       |
| Zomax International, Inc.           |       | Delaware                           |       |
| Zomax Acquisitions, Inc.            |       | Delaware                           |       |
| Zomax Mexico, S. de R.L. de C.V.(3) |       | Mexico                             |       |

 

----

(1) Subsidiary of ZomaxCanada Acquisition, LLC

(2) Subsidiary of PrimaryMarketing Group Limited

(3) Owned 50% by each ofZomax International, Inc. and Zomax U.S., Inc.

 

----
IIB

106TH CONGRESS

2D SESSION S. 2460

IN THE HOUSE OF REPRESENTATIVES

JUNE 26, 2000

Referred to the Committee on International Relations

AN ACT

To authorize the payment of rewards to individuals furnishing information relating to persons subject to indictment for serious violations of international humanitarian

law in Rwanda, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 2460 RFH

1 SECTION 1. EXPANSION OF REWARDS PROGRAM TO IN2 CLUDE RWANDA.

3 Section 102 of the Act of October 30, 1998 (Public

4 Law 105–323) is amended—

5 (1) in the section heading, by inserting ‘‘OR

6 RWANDA’’ after ‘‘YUGOSLAVIA’’;

7 (2) in subsection (a)(2), by inserting ‘‘or the

8 International Criminal Tribunal for Rwanda’’ after

9 ‘‘Yugoslavia’’; and

10 (3) in subsection (c)—

11 (A) by inserting ‘‘(1)’’ immediately after

12 ‘‘REFERENCE.—’’; and

13 (B) by adding at the end the following:

14 ‘‘(2) For the purposes of subsection (a), the statute

15 of the International Criminal Tribunal for Rwanda means

16 the statute contained in the annex to Security Council

17 Resolution 955 of November 8, 1994.’’.

Passed the Senate June 23, 2000.

Attest: GARY SISCO,

Secretary.
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<PAGE>
                                                                   EXHIBIT 99


Securities and Exchange Commission
Washington, DC


To Whom It May Concern:

Arthur Andersen LLP has represented to Prestige Bancorp, Inc. that its audit was
subject to Andersen's quality control system for the U.S. accounting and
auditing practice to provide reasonable assurance that the engagement was
conducted in compliance with professional standards and that there was
appropriate continuity of Arthur Andersen personnel working on the audit and
availability of national office consultation. Availability of personnel at
foreign affiliates of Arthur Andersen is not relevant to this audit.

Sincerely,


/s/ Mark R. Schoen
Mark R. Schoen
Chief Executive Officer, Prestige Bancorp, Inc.
II

106TH CONGRESS

2D SESSION S. 2628

To suspend temporarily the duty on R115777.

IN THE SENATE OF THE UNITED STATES

MAY 24, 2000

Mr. MACK introduced the following bill; which was read twice and referred to

the Committee on Finance

A BILL

To suspend temporarily the duty on R115777.

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

3 SECTION 1. R115777.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 2628 IS

‘‘ 9902.33.40 R115777, (R)-6-

[amino(4-

chlorophenyl)(1-

methyl-1Himidazol-5-

yl)methyl]-4-(3-

chlorophenyl)-1-

methyl-2(1H)-

quinoline, in bulk

active form as

the active drug

to treat pancreatic cancer

(CAS No.

192185–72–

1)(provided for

in subheading

2933.40.26) ....... Free No change No change On or before

12/31/2003 ’’.

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

2 subsection (a) applies to goods entered, or withdrawn from

3 warehouse for consumption, on or after the date that is

4 15 days after the date of enactment of this Act.

Æ
Exhibit 23.3
 (DELOITTE LOGO)
    
    Deloitte&Touche LLP
1750 Tysons Blvd.
McLean, VA 22102-4219
USA
Tel: +1 703 251 1000
Fax: +1 703 251 3400
www.deloitte.com
 CONSENT OF INDEPENDENT AUDITORS
  RegistrationStatementNumber
    
    Form
    
    Description333-05257
    
    Form S-8
    
    1995 Stock Option Plan, as amended, 1996
Directors Stock Option Plan, Stock Option
Agreement entered into, effective January 4,
1995, by and between Sunrise Assisted Living,
Inc. and David W. Faeder333-38430
    
    Form S-8
    
    1996 Non-Incentive Stock Option Plan, as
Amended (includes 333-21817)333-26837
    
    Form S-8
    
    1997 Stock Option Plan333-57291
    
    Form S-8
    
    1996 Directors Stock Option Plan, as Amended
(includes 333-05257)333-57293
    
    Form S-8
    
    1998 Stock Option Plan333-78313
    
    Form S-8
    
    1999 Stock Option Plan333-38432
    
    Form S-8
    
    2000 Stock Option Plan333-61918
    
    Form S-8
    
    2001 Stock Option Plan333-88570
    
    Form S-8
    
    2002 Stock Option and Restricted Stock Plan333-61914
    
    Form S-8
    
    Employee Stock Purchase Plan333-109228
    
    Form S-8
    
    2003 Stock Option and Restricted Stock Plan333-120738
    
    Form S-8
    
    Employee Stock Purchase Plan
 
 
 Member ofDeloitte Touche Tohmatsu
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM NS GROUP, INC. AND SUBSIDIARIES CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE THREE
MONTH PERIOD ENDED DECEMBER 30, 1995, INCLUDED IN THE
COMPANY'S QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000745026
<NAME> NS GROUP, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-28-1996
<PERIOD-START>                             OCT-01-1995
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<SECURITIES>                                    10,811
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<PP&E>                                         277,532
<DEPRECIATION>                                 125,369
<TOTAL-ASSETS>                                 301,358
<CURRENT-LIABILITIES>                           66,001
<BONDS>                                        166,119
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<OTHER-SE>                                      12,948
<TOTAL-LIABILITY-AND-EQUITY>                   301,358
<SALES>                                         89,295
<TOTAL-REVENUES>                                89,295
<CGS>                                           82,402
<TOTAL-COSTS>                                   82,402
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,055
<INCOME-PRETAX>                                (4,625)
<INCOME-TAX>                                   (1,421)
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<EPS-PRIMARY>                                    (.23)
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</TABLE>
# George Aiken: A Featured Biography

**

----

Senator George Aiken served as the governor of Vermont before he was elected to the United States Senate in 1940.  Although he served as a U.S. senator for 34 years, he preferred to be called “Governor.”  An experienced farmer and author of several horticultural volumes, Aiken served as chairman of the Senate Agriculture and Forestry Committee.  He was known for his unfailing support of rural interests.  In his later Senate years, from 1972 until his retirement in 1975, Aiken kept an excellent modern-era Senate diary, spending each Saturday dictating his thoughts about his experiences in the Senate. In an oral history interview, former secretary of the Senate Francis Valeo recalled Aiken’s wit and wisdom and discussed the so-called Aiken Formula for exiting Vietnam.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6593

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LARRY ANTOINE SMITH, a/k/a Larry Antoinne

Smith,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior

District Judge. (CR-93-7-3-P)

Submitted: August 15, 1996 Decided: August 21, 1996

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Larry Antoine Smith, Appellant Pro Se. Gretchen C. F. Shappert,

Assistant United States Attorney, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

Motion For Reduction of Sentence under 18 U.S.C.A. § 3582(c)(2)

(West Supp. 1996). We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. United States v.

Smith, No. CR-93-7-3-P (W.D.N.C. Mar. 27, 1996). We dispense with

oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED