alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Page 12972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5795]



=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION


Availability of Environmental Assessments

    Pursuant to 42 U.S.C. 4332, the Commission has prepared and made 
available environmental assessments for the proceedings listed below. 
Dates environmental assessments are available are listed below for each 
individual proceeding.
    To obtain copies of these environmental assessments contact Ms. 
Tawanna Glover-Sanders, Interstate Commerce Commission, Section of 
Environmental Analysis, Room 3219, Washington, DC 20423, (202) 927-
6203. Comments on the following assessment are due 15 days after the 
date of availability:
    AB-3 (Sub-No. 121X), Missouri Pacific Railroad Co.--Abandonment 
Exemption--In Morris and Dickinson Counties, Kansas (Hoisington 
Subdivision). EA available 3/3/95.
    AB-167 (Sub-No. 1144X), Consolidated Rail Corp.--Abandonment 
Exemption--In Cumberland and Dauphin Counties, Pennsylvania. EA 
available 3/3/95.
    AB-32 (Sub-No. 60X) and AB-355 (Sub--no. 12X), Boston and Maine 
Corp., and Springfield Terminal Railway Co.--Abandonment and 
Discontinuance of Service--Hillsboro County, New Hampshire. EA 
available 3/3/95. Comments on the following assessment are due 30 days 
after the date of availability:
    AB-55 (Sub--no. 500, CSX Transportation, Inc.--Abandonment Between 
Tygart Jct. and Bergoo in Barbour Randolph, Pocahontas, and Webster 
Counties, West Virginia. EA available 2/28/95.
    AB-425, Lone Star Railroad, Inc.--Abandonment and Discontinuance of 
Trackage Rights--In Wichita, Archer, Baylor, Knox, Haskell and Jones 
Counties, TX.
    AB-426, Southern Switching Co.--Discontinuance of Service--In 
Wichita, Archer, Baylor, Knox, Haskell and Jones, TX. EA available 3/3/
95.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5795 Filed 3-8-95; 8:45 am]
BILLING CODE 7035-01-P
#### Clarence JONES, Appellant, v. MISSOURI DIVISION OF EMPLOYMENT SECURITY, et al., Respondent.

No. WD 47726.

Missouri Court of Appeals, Western District.

Oct. 5, 1993.

Motion for Rehearing and/or Transfer to Supreme Court Denied Nov. 30, 1993.

Samuel I. McHenry, Kansas City, for appellant.

Sharon A. Willis, Kansas City, Vietorine R. Mahon, Jefferson City, for respondent.

Before BRECKENRIDGE, P.J., and KENNEDY and LOWENSTEIN, JJ.

ORDER

PER CURIAM.

Clarence Jones appeals the affirmance by the circuit court of the decision of the Labor & Industrial Relations Commission which denied his claim for unemployment benefits.

The judgment is affirmed. Rule 84.16(b).
#### Mark Resnick, as Executor of George Resnick, Deceased, Respondent, v Albert H. Socolov, Esq., et al., Appellants.

[771 NYS2d 889]

Judgment, Supreme Court, New York County (Louis York, J.), entered May 4, 2001, which, after a jury trial, found defendant Albert Socolov liable for breach of fiduciary duty and conversion, and awarded treble damages in the pr. icipal amount of $12,150, plus pre and postverdict interest and costs; dismissed the action as against the corporate defendant; and awarded judgment dismissing the action as against defendant William Socolov, without costs, unanimously modified, on the law and the facts, to vacate the award of preverdict interest, to vacate the award of damages and remaining interest insofar as made to plaintiff and to make that award instead to the corporation, and to award costs to defendant William Socolov, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered March 5, 2001, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff’s decedent and William Socolov were each 50% shareholders in the closely held corporate defendant. This action was initially brought by the decedent in his individual and derivative capacities, after it was discovered that attorney Albert *126Socolov had made unauthorized disbursements from the corporate account.

Plaintiff, the substituted representative of the decedent’s estate, concedes that the judgment awarded is for the benefit of the corporation. Plaintiff is entitled to his legal costs, but the damages and interest should go directly to the injured corporation *(Glenn v Hoteltron Sys.,*74 NY2d 386 [1989]). We modify accordingly *(Wolf v Rand,*258 AD2d 401 [1999]) to direct the award to the corporation not as a dismissed party defendant, but rather in its capacity as beneficiary of the derivative action as originally captioned when brought by the decedent.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury, and there is no basis for disturbing its determinations *(Cohen v Hallmark Cards,*45 NY2d 493 [1978]). However, preverdict interest is inconsistent with an award of treble damages under Judiciary Law § 487 *(see Delulio v 320-57 Corp.,*99 AD2d 253 [1984]). As conceded by plaintiff’s attorney at oral argument, defendant William Socolov is entitled to costs (CPLR 8101). Concur—Tom, J.P., Andrias, Sullivan and Friedman, JJ.
Amendment to Employment Agreement

     WHEREAS, Diasense, Inc. ("Employer" or the
"Corporation") and Fred E. Cooper ("Employee") entered into
an Employment Agreement dated November 1, 1994 (the
"Agreement"), and such Agreement was automatically renewed
for an additional three-year term on October 31, 1999; and

     WHEREAS, Employer and Employee have agreed to amend the
terms of such contract as set forth herein, with all other
terms remaining the same;

     THEREFORE, in consideration of the mutual covenants and
agreements set for the herein, and other good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, and intending to be legally bound hereby,
Diasense, Inc. and Fred E. Cooper agree that his employment
shall continue to be governed by the Agreement, as amended
herein.

     6.01 Annual Salary.  Employee agrees to waive his
salary effective January 1, 2002 through December 31, 2002.

     IN WITNESS WHEREOF, the undersigned have hereunto set
their hands and seals on this 20th day of December, 2001.

ATTEST:                                DIASENSE, INC.

/s/ Anthony J. Feola                    /s/ Michael P. Thompson
Title: Chief Operating Officer              Michael P. Thompson, CFO


WITNESS:                               EMPLOYEE

/s/ John P. Ellsworth                   /s/ Fred E. Cooper
    John P. Ellsworth                       Fred E. Cooper
IN THE

TENTH COURT OF APPEALS

No. 10-11-00331-CR

EX PARTE FELICIANO SALDIVAR,

From the 40th District Court

Ellis County, Texas

Trial Court No. 26149CR/A

MEMORANDUM OPINION

Feliciano Saldivar has filed a petition for writ of habeas corpus with respect to 

his felony conviction. This court, as an intermediate court of appeals, has no 

jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte 

Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding) (“Our 

law requires post-conviction applications for writs of habeas corpus, for felony cases in 

which the death penalty was not assessed, to be filed in the court of original conviction, 

made returnable to the Texas Court of Criminal Appeals.”) (citing TEX. CODE CRIM.

PROC. ANN. art. 11.07(3)(a), (b)).

Because we have no jurisdiction over this post-conviction habeas corpus 

proceeding, we dismiss it.
Ex parte Saldivar Page 2

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Dismissed

Opinion delivered and filed October 19, 2011

Do not publish

[OT06]
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          39,496
<SECURITIES>                                    15,824
<RECEIVABLES>                                  104,494
<ALLOWANCES>                                     2,607
<INVENTORY>                                          0
<CURRENT-ASSETS>                               194,121
<PP&E>                                          55,559
<DEPRECIATION>                                  20,156
<TOTAL-ASSETS>                                 237,242
<CURRENT-LIABILITIES>                           86,191
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           550
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   237,242
<SALES>                                              0
<TOTAL-REVENUES>                               406,672
<CGS>                                                0
<TOTAL-COSTS>                                  350,658
<OTHER-EXPENSES>                               (2,201)
<LOSS-PROVISION>                                   937
<INTEREST-EXPENSE>                                 232
<INCOME-PRETAX>                                 57,983
<INCOME-TAX>                                    25,054
<INCOME-CONTINUING>                             32,929
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,929
<EPS-PRIMARY>                                     0.62
<EPS-DILUTED>                                     0.57


</TABLE>
EXHIBIT 21.1  Subsidiaries of the Registrant As of September 1, 2011  Parent

Subsidiary

Percentage   of Ownership

State of Incorporation   or OrganizationHF Financial Corp.

Home Federal Bank

100%

DelawareHF Financial Corp.

HomeFirst Mortgage Corp.

100%

South DakotaHF Financial Corp.

HF Financial Capital Trust III

100%

DelawareHF Financial Corp.

HF Financial Capital Trust IV

100%

DelawareHF Financial Corp.

HF Financial Capital Trust V

100%

DelawareHF Financial Corp.

HF Financial Capital Trust VI

100%

DelawareHF Financial Corp.

HF Financial Group, Inc.

100%

South DakotaHome Federal Bank

Hometown Investment Services, Inc.

100%

South DakotaHome Federal Bank

Mid-America Service Corporation

100%

South DakotaHome Federal Bank

PMD, Inc.

100%

South DakotaHome Federal Bank

Mid America Capital Services, Inc. d/b/a/Mid America Leasing

100%

South Dakota  The financial statements of HF Financial Corp. are consolidated with those of its subsidiaries.
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- Duff, Alison
- Franco, Jose
- Food Animal Production (101)
- Grass, Forage, and Rangeland Agroecosystems (215)

Research Project: **Location:
                            Dairy Forage Research** Project Number: 5090-21500-002-014-N
                        
                        Project Type: Non-Funded Cooperative Agreement Start Date: Mar 1, 2022
                        
                        End Date: Feb 28, 2027 **Objective:**
                        
                        To develop and test quantitative models for predicting alfalfa yield and nutritive value using multispectral (UAV, Satellite) and hyperspectral (UAV) data. **Approach:**
                        
                        The models will be developed using multitask deep learning for evaluating the relationships among publicly-available satellite remote sensing imagery, UAV-based multispectral and hyperspectral imagery, and field nutritive and yield measurements.


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                            WhiteHouse.gov
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15125-15126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6995]



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

DEPARTMENT OF COMMERCE
Minority Business Development Agency


Business Development Center Applications: San Francisco/Oakland

AGENCY: Minority Business Development Agency.

ACTION: Correction.

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

SUMMARY: On page 12738, in the issue dated Wednesday, March 8, 1995, 
solicitation for the operation of the Minority Business Development 
Center (MBDC) is corrected to read, ``San Francisco/Oakland''.
    The MBDC will provide service in the San Francisco/Oakland, 
California Metropolitan Area. The award number of the MBDC will be 09-
10-95015-01.

FOR FURTHER INFORMATION CONTACT:
Steven Saho at (415) 744-3001.

11.800 Minority Business Development Center
    (Catalog of Federal Domestic Assistance)

    [[Page 15126]] Dated: March 16, 1995.
Frances B. Douglas,
Alternate Federal Register Liaison Officer, Minority Business 
Development Agency.
[FR Doc. 95-6995 Filed 3-21-95; 8:45 am]
BILLING CODE 3510-21-M
<PAGE>
                                                                    EXHIBIT 11.1


                    PAYLESS SHOESOURCE, INC. AND SUBSIDIARIES
                      COMPUTATION OF NET EARNINGS PER SHARE
                                   (UNAUDITED)

(Dollars and shares in thousands, except per share)

<Table>
<Caption>
                                                          13 WEEKS ENDED                  26 WEEKS ENDED
                                                 -------------------------------  ------------------------------
                                                 AUGUST 2, 2003   AUGUST 3, 2002  AUGUST 2, 2003  AUGUST 3, 2002
                                                 --------------   --------------  --------------  --------------
<S>                                              <C>              <C>             <C>             <C>
Diluted Computation:
Net earnings                                          $ 5,184        $47,189        $19,275        $71,122
Weighted average common shares outstanding             68,026         67,859         68,006         67,550
                                                      -------        -------        -------        -------
Net effect of dilutive stock options based
   on the treasury stock method                            41            552             50            770
                                                      -------        -------        -------        -------
Outstanding shares for diluted earnings
   per share                                           68,067         68,411         68,056         68,320
                                                      =======        =======        =======        =======
Diluted earnings per share                            $  0.08        $  0.69        $  0.28        $  1.04
                                                      =======        =======        =======        =======

Basic Computation:
Net earnings                                          $ 5,184        $47,189        $19,275        $71,122
Weighted average common shares outstanding             68,026         67,859         68,006         67,550
                                                      -------        -------        -------        -------
Basic earnings per share                              $  0.08        $  0.70        $  0.28        $  1.05
                                                      =======        =======        =======        =======
</Table>

Note: Basic earnings per share are computed by dividing net earnings by the
weighted average number of shares of common stock outstanding during the period.
Diluted earnings per share include the effect of conversions of stock options.
#### AMAZON COTTON MILLS COMPANY v. THE DUPLAN CORPORATION.

(Filed 10 April, 1957.)

Appeal and Error §§ 7, 53—

Where the complaint states a defective cause of action, the Supreme Court has the power to dismiss *ex mero motu.*Therefore, petition to rehear on the ground that motion to dismiss was not passed on by the .Superior Court and was not the subject of an exceptive assignment of error on appeal, will be dismissed.

PETITION by plaintiff to rehear the above-entitled cause reported in 245 N.C. 496, 96 S.E. 2d 267. This Court denied defendant’s request for permission to file a demurrer ore *terms*on the rehearing.

*James L. Rankin, E. T. Bost, Jr., W. H. Beckerdite,*

*Walser & Walser,*

*By: Don A. Walser, for plaintiff, appellee.*

*Ratcliff, Vaughn, Hudson, Ferrell*& *Carter,*

*By: R. M. Stockton, Jr., for defendant, appellant.*

*89Per Curiam.

In the petition to rehear the plaintiff contended this Court committed error in ordering the action dismissed. The reason assigned is that the motion to dismiss was not passed on by the Superior Court and not the subject of an exceptive assignment here.

This Court’s decision was based on the -view that the plaintiff stated a defective cause of action which the Court had the power to dismiss *ex mero motu.*“If the cause of action, as stated by the plaintiff, is inherently bad, why permit him to proceed further in the case, for if he proves everything that he alleges he must eventually fail in the action.” *Ice Cream Co. v. Ice Cream Co.,*238 N.C. 317, 77 S.E. 2d 910. Upon the authority of the case cited, the petition is

Dismissed.
<PAGE>

                                                                        ITEM 3.5

                            CERTIFICATE OF AMENDMENT
                                       OF
                           SECOND AMENDED AND RESTATED
                         CERTIFICATE OF INCORPORATION OF
                         GENERAL GROWTH PROPERTIES, INC.

         It is hereby certified that:

                  1. The name of the Corporation is General Growth Properties,
         Inc. (the "Corporation").

                  2. The amendment to the Second Amended and Restated
         Certificate of Incorporation of the Corporation effected by this
         Certificate of Amendment is as follows:

                  Paragraph A of Article IV thereof as it now exists is deleted
         in its entirety and the following new Paragraph A of Article IV is
         inserted in lieu thereof:

                                   "ARTICLE IV

                           "A. Classes and Number of Shares. The total number of
                  shares of all classes of capital stock that the Corporation
                  shall have authority to issue is Eight Hundred Eighty Million
                  (880,000,000) shares, consisting of (i) Five Million
                  (5,000,000) shares of preferred stock, par value $100.00 per
                  share (the "Preferred Stock") and (ii) Eight Hundred Seventy
                  Five Million (875,000,000) shares of common stock, par value
                  $0.01 per share (the "Common Stock"). At the effective time of
                  this Certificate of Amendment, each issued and outstanding
                  share of Common Stock shall be changed into three shares of
                  Common Stock, so that at such time, each holder of record of
                  issued and outstanding shares of Common Stock, automatically
                  and without further action, shall be and become the holder of
                  two additional shares of Common Stock for each share of Common
                  Stock held of record immediately prior thereto."; and

                  3. The effective time of this Certificate of Amendment shall
         be 6:00 p.m., Eastern Standard Time, on November 20, 2003.

                  4. The aforesaid amendment was duly adopted in accordance with
         the provisions of Section 242 of the General Corporation Law of the
         State of Delaware.

         IN WITNESS WHEREOF, General Growth Properties, Inc. has caused this
Certificate of Amendment to be executed by its duly authorized Secretary this
20th day of November, 2003.

                                    GENERAL GROWTH PROPERTIES, INC.,
                                        a Delaware corporation

                                    By: /s/ Marshall E. Eisenberg
                                        ---------------------------------------
                                        Marshall E. Eisenberg, Secretary