alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
__________________________________________________________________________________________________ 2777 N. Stemmons Frwy., Suite 1157 | Dallas, Texas 75207 P: (214) 905-2003 | D: (214) 678-1431 | F: (214) 905-1213 dmwalsh@chambleeryan.com | www.chambleeryan.com

January 22, 2015

VIA ELECTRONIC FILING Mr. Jeffrey D. Kyle Third Court of Appeals P.O. Box 12547 Austin, Texas 78711

Re: Steve Key, Pat Curry, PJC Properties, L.L.C. and PJC Central

Texas Freight Lines, L.L.C. v. Daniel R. Richards, as Receiver for Centex Freight Lines, L.L.C. and Prudence Adams Case No.: 03-14-00116-CV Our File No.: 163-5341
Dear Mr. Kyle: Please be advised that I will be presenting oral argument on behalf of Appellants Steve Key, Pat Curry, PJC Properties, L.L.C. and PJC Central Texas Freight Lines, L.L.C. on February 11, 2015 at 1:30 p.m. As always, thank you for your assistance in this matter. Please feel free to contact me if you need further information or if you have any questions. Sincerely,

David M. Walsh IV DMW:bps cc: Clark Richards, Esq. – via e-mail ACCEPTED 03-14-00116-CV 3858535 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/22/2015 11:02:08 AM JEFFREY D. KYLE

CLERK
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 18, 2017

d1017

Order 

Clerk

October 18, 2017

156603 & (16)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 156603

COA: 340484

Kent CC: 16-011722-FH

SUSAN MARIA BOND,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the October 9, 2017 order of the Court of Appeals is 

considered, and it is DENIED, because we are not persuaded that the questions presented 

should be reviewed by this Court. The motion for stay is DENIED.
<TABLE> <S> <C>

<PAGE> 



     <ARTICLE> 5
     <LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
     CONSOLIDATED BALANCE SHEET AND RELATED CONSOLIDATED STATEMENT OF INCOME
     OF J. C. PENNEY FUNDING CORPORATION AS OF MAY 2, 1998, AND IS QUALIFIED
     IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
     </LEGEND>
     <MULTIPLIER> 1,000,000
            
     <S>                             <C>
     <PERIOD-TYPE>                   3-MOS
     <FISCAL-YEAR-END>                          JAN-30-1999
     <PERIOD-END>                               MAY-02-1998
     <CASH>                                               0
     <SECURITIES>                                         0
     <RECEIVABLES>                                    2,663
     <ALLOWANCES>                                         0
     <INVENTORY>                                          0
     <CURRENT-ASSETS>                                 2,663
     <PP&E>                                               0
     <DEPRECIATION>                                       0
     <TOTAL-ASSETS>                                   2,663
     <CURRENT-LIABILITIES>                            1,503
     <BONDS>                                              0
     <COMMON>                                           145
     <PREFERRED-MANDATORY>                                0
     <PREFERRED>                                          0
     <OTHER-SE>                                       1,015
     <TOTAL-LIABILITY-AND-EQUITY>                     2,663
     <SALES>                                              0
     <TOTAL-REVENUES>                                     0
     <CGS>                                                0
     <TOTAL-COSTS>                                        0
     <OTHER-EXPENSES>                                     0
     <LOSS-PROVISION>                                     0
     <INTEREST-EXPENSE>                                 (12)
     <INCOME-PRETAX>                                     12
     <INCOME-TAX>                                         4
     <INCOME-CONTINUING>                                  8
     <DISCONTINUED>                                       0
     <EXTRAORDINARY>                                      0
     <CHANGES>                                            0
     <NET-INCOME>                                         8
     <EPS-PRIMARY>                                        0
     <EPS-DILUTED>                                        0
             


</TABLE>
EX-10.18



 Exhibit 10.18 

ASSIGNMENT OF INTEREST 
 IN 

WATERSIDE AT HIGHLAND PARK, LLC 

Dale Francescon and Robert J. Francescon (collectively, “Assignor”) on behalf of Daro Ventures, LLC and Daro Ventures II,
LLC, hereby conveys, transfers, and assigns to Century Communities Colorado, LLC, a Colorado limited liability company (“Assignee”), Assignor’s entire interest (the “Assigned Interest”) in Waterside at Highland
Park, LLC, a Colorado limited liability company (“Waterside”). In connection with such assignment, Assignor and Assignee agree as follows: 

Assignor hereby represents and warrants to Assignee that as of the execution of this Assignment by the two parties, that Assignor owns the
entire membership interest in, to and of Waterside. 
 This Assignment shall be binding upon and inure to the benefit of the successors,
assignees, personal representatives, heirs and legatees of all the respective parties hereto. 
 This Assignment may be executed in any
number of counterparts, each of which shall be considered an original for all purposes, and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument may be detached and
affixed to a single counterpart, with such single counterpart with multiple executed signature pages affixed there to constituting the original counterpart instrument. All of those counterpart pages shall be read as though one, and they shall have
the same force and effect as if all the signers had executed a single signature page. 
 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 







 This Assignment is effective as of the 1st day of March
2013. 
  

	
	ASSIGNOR
	
	




	Dale Francescon
	
	




	Robert J. Francescon
	
	ASSIGNEE
	
	CENTURY COMMUNITIES COLORADO, LLC
	
	




	Dale Francescon, CO-CEO
#### PERKINS v. MILLS ENGINEERING & CONSTRUCTION CO. et al.

No. 1784.

Court of Appeal of Louisiana. First Circuit.

March 9, 1938.

For former opinion, see 178 So. 169.

Dubuisson *&*Dubuisson, of Opelousas, 'tor appellant.

Julius T. Long, of Shreveport, for appel-lees.

PER CURIAM.

In this case, the most serious question is whether or not the plaintiff has suffered a hernia in his left side, incapacitating him from work. On that score plaintiff offered the testimony of one doctor who so testified, and defendant offered the testimony of two doctors who testified to the • contrary. These doctors, in so far as we know, are eminent doctors and enjoy a good reputation in the profession. However, we are not fully satisfied with the status of the record, and we feel that justice will be better served by remanding this case in order that the judge of the lower court may appoint three doctors, without interest and not connected in any wise with the parties hereto, to examine the plaintiff and report their findings to the court, reserving unto the parties the right to have the said doctors appear in open court, and under oath, to be examined touching their said findings and matters relative thereto. See Hays v. Caddo-DeSoto Cotton Oil Co., 1 La.App. 689; Ellis v. Oil Fields Gas Co., 2 La.App. 479; Goree v. Atlantic Oil Producing Co., 2 La.App. 558.

It is likely that if plaintiff suffered a hernia he must necessarily still have the hernia, unless he has undergone an operation therefor, evidence of which will be present. 1

The opinion and decree originally pronounced herein are set aside, and the case is hereby remanded to the district court for the purposes herein stated; costs in both courts to abide'the final results.
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

          - [WY-923-1310-FI; WYW161810]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Proposed Reinstatement of Terminated Oil and Gas Lease.

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Retamco Operating Inc. for competitive oil and gas lease WYW161810 for land in Carbon County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at (307) 775-6176.

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of                           ( print page 50840)                        $10.00 per acre, or fraction thereof, per year and 16                    2/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW161810 effective April 1, 2008, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands.                

Pamela J. Lewis,

Chief, Branch of Fluid Minerals Adjudication.

[FR Doc. E8-19963 Filed 8-27-08; 8:45 am]

BILLING CODE 4310-22-P
#### Jesse Randall FIFE, Petitioner— Appellant, v. Jean HILL, Superintendent, Respondent — Appellee.

No. 01-35900.

D.C. No. CV-99-01578-MRH.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 5, 2002.*

Decided Nov. 13, 2002.

*858Before REAVLEY,** KOZINSKI and W. FLETCHER, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

The Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation.

MEMORANDUM ***

Even if petitioner preserved his claim, there is simply nothing cruel or unusual about a seventy-month mandatory sentence for intentionally and unexcusedly shooting someone in the back with a firearm. *See Andrade v. Attorney General,*270 F.3d 743, 754 (2001) (“[The Eighth Amendment] forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.” (internal quotation marks omitted)); *see also Harmelin v. Michigan,*501 U.S. 957, 995, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (“There can be no serious contention ... that a sentence which is not otherwise cruel and unusual becomes so simply because it is ‘mandatory.’ ”).

AFFIRMED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
**C
      O N V E R T I B L E   P R O M I S S O R Y   N O T
      E**





$4,409.36


January
      1,
      2007


Denver,
      Colorado





FOR
      VALUE RECEIVED, PARK-PREMIER MINING
      COMPANY, a Utah corporation ("Maker"), hereby promises to pay to the order
      of
      Janet Atkins or his assigns ("Holder"), at 1708 Essex Court, St. Charles,
      Illinois 60174 or at such other place Holder may from time to time designate
      in
      writing, in lawful money of the United States of America, the principal sum
      of
      Four Thousand Four Hundred Nine and 36/100 US Dollars ($4,409.36), together
      with
      interest on the unpaid balance at the rate of Twelve Percent (12%) per annum,
      on
      demand of Holder; provided, however, if not sooner paid, the entire principal
      amount outstanding and accrued interest thereon, shall be due and payable on
      December 31, 2007.





This
      Note
      may be converted into shares of Maker's common stock at the conversion price
      of
      $.10 per share or such other conversion price as the board of directors of
      Maker
      may deem appropriate, not in excess of $.10 per share, until the due date
      hereof, at the Holder's option.





This
      Note
      is subject to prepayment in whole or in part, upon ten (10) days prior written
      notice to Holder, at the option of Maker without penalty but subject to exercise
      of Holder’s conversion rights.  Prepayments shall be applied first to
      interest accrued and then to principal due hereunder.





In
      case
      this Note shall not be paid in full whenever it shall become due, the Maker
      agrees to pay all costs and expenses of collection, including reasonable
      attorney's fees, not to exceed 15% of the unpaid balance.





All
      rights and obligations hereunder shall be governed by the laws of the State
      of
      Colorado, without application of its choice or conflict of law principles.
      If
      any part of the assets or capital stock of Maker is sold or transferred without
      Holder’s prior written consent, except sales and transfers in the ordinary
      course of business and except transfers by devise, descent or by operation
      of
      law upon the death of a joint tenant: (1) Holder may, at Holder’s option,
      declare all the sums due under this Note to be immediately due and payable,
      and
      (2) if the sale or transfer involves substantially all of the assets of Maker,
      the transferee shall be deemed to have assumed all of the obligations of Maker
      under this Note. This Note is unsecured.





IN
      WITNESS WHEREOF, the Maker has signed this Note effective as of the date first
      above written.





Description:  Unreimbursed
      Expenses


PARK-PREMIER
      MINING COMPANY








By:  /s/
      Robert W.
      Dunlap


Robert
      W. Dunlap,
      President
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Page 50666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19888]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11342]


Texas Disaster Number TX-00298

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 2.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Texas 
(FEMA--1780--DR), dated 07/24/2008.
    Incident: Hurricane Dolly.
    Incident Period: 07/22/2008 through 08/01/2008.
    Effective Date: 08/13/2008.
    Physical Loan Application Deadline Date: 09/22/2008.
    Economic Injury (EIDL) Loan Application Deadline Date: 04/24/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of Texas, 
dated 07/24/2008, is hereby amended to include the following areas as 
adversely affected by the disaster.

Primary Counties: Jim Hogg.
Contiguous Counties (Economic Injury Loans Only): Webb.

    All other information in the original declaration remains 
unchanged.


(Catalog of Federal Domestic Assistance Number 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
[FR Doc. E8-19888 Filed 8-26-08; 8:45 am]
BILLING CODE 8025-01-P
Exhibit 4.47

 

Eighth Amendment

To The Exclusive Ragnarok Online License and Distribution Agreement

 

This AMENDMENT (“this Amendment”) is made and entered into on this 24th of October, 2013 (hereinafter referred to as “Amendment Date”) by and between Gravity Co., Ltd (hereinafter referred to as “Licensor”) and Gravity Interactive, Inc. (hereinafter referred to as “Licensee”).

 

RECITALS:

 

WHEREAS, Licensor and Licensee (“Parties” collectively) entered into the Exclusive Ragnarok Online License and Distribution Agreement (“the Original Agreement”), dated January 1st, 2006.

 

WHEREAS, the Parties has entered into the amendments to the Original Agreement (“Amendments”)  seven times to amend certain terms and conditions of the Original Agreement(the Original Agreement amended by Amendments until now is hereinafter referred to as “The Agreement”) ;

 

WHEREAS, both Parties to The Agreement now desire to amend The Agreement as set forth below;

 

AGREEMENT

 

NOW; THEREFORE, in consideration of the mutual promises and covenants contained herein, Licensor and Licensee agree as follows:

 

1. Territory

 

The Article 1.12 of The Agreement shall be amended as follows :

 

1.12                                      “Territory” shall mean the following territories :

 

(a) United States of America

(b) Canada

(c) Australia

 

1











 

(d) New Zealand

(e) India

(f) Singapore

(g) Malaysia

 

2.                        Effective Date

 

All the Articles of The Agreement amended by this Amendment shall be effective and applicable on and from the Amendment Date defined above, and any of them shall not be construed or regarded to be retroactively effective.

 

3.                        Continuing Effectiveness of the Agreement

 

Except as expressly set forth herein, this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants, or agreements contained in The Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

 

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above-written.

 

 

	
GRAVITY CO., LTD.
    	
 
    	
Gravity Interactive, Inc.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
 
    	
 
    	
By:
    	
 
    
	
Name: Hyun Chul Park
    	
 
    	
Name: Kitamura   Yoshinori
    
	
Title: CEO
    	
 
    	
Title: CEO
    
	
Date:
    	
 
    	
Date:
    
					


 

2
#### In re INDUSTRIES RIOPEL, INC./RIOPEL INDUSTRIES, INC.

No. 02-1367.

United States Court of Appeals, Federal Circuit.

Oct. 30, 2002.

*ORDER*

The Director of the United States Patent and Trademark Office (“PTO”) filed a motion to dismiss this appeal. Riopel Industries, Inc. (“Riopel”) filed an opposition.

On October 2, 2002, the court issued an order allowing Riopel 21-days to file a motion to transfer this appeal, or the PTO’s motion to dismiss would be granted. Riopel has not responded to the order within the time allowed.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The PTO’s motion to dismiss is granted.

(2) Each side shall bear its own costs.
Exhibit 10(b)

 

AMENDMENT TO THE PROTECTIVE LIFE

CORPORATION DEFERRED COMPENSATION PLAN

FOR OFFICERS

 

Protective Life Corporation (the “Company”) hereby amends the Protective Life Corporation Deferred Compensation Plan for Officers (the “Plan”) as follows:

 

1.             Effective as of October 1, 2012, a new definition of “Annual Employee Contribution Limit” is added to Section 2 of the Plan after the definition of the term “Accounts,” such new definition to read in its entirety as follows:

 

“Annual Employee Contribution Limit” shall have the meaning set forth in the 401(k) Plan.

 

2.             Effective as of October 1, 2012, Section 7(a) of the Plan is amended to read in its entirety as follows:

 

(a) General Provisions.  Distribution of any amount credited to a Participant’s Accounts (other than amounts credited to the Protective Stock Fund) shall be payable in cash.  Distribution of any amount credited to a Participant’s Accounts in the Protective Stock Fund shall be partly in shares of Common Stock and partly in cash, with the cash portion equal to the sum of the tax withholding obligation and the value of any fractional stock equivalents with respect to the distribution.  Distributions shall be subject to such rules and procedures as the Company shall determine.  Any Plan provision or Participant election to the contrary notwithstanding, some or all of the balance in a Participant’s Accounts may be paid in a cash lump, as more fully provided in Section 7(q).

 

3.             A new Section 7(q) is added to the Plan after Section 7(p), such new Section 7(q) to read in its entirety as follows:

 

7(q). Lump Sum Payment of Certain Amounts below the Annual Employee Contribution Limit.  (1) Effective as of October 1, 2012, any Plan provision or Participant election to the contrary notwithstanding, if at any time (i) a Participant has died, become disabled or had a Termination of Employment, (ii) payment is due from one or more of the Participant’s Accounts, and (iii) the value of all of the Participant’s Accounts at the time the payment is due is less than the Annual Employee Contribution Limit, then the Company may elect to pay the entire balance of all (and not less than all) of the Participant’s Accounts in a cash lump sum.

 

(2) Any Plan provision or Participant election to the contrary notwithstanding, if (i) payment is due from any Participant Account first established after 2012, and (ii) the value of such Account at the time the payment is due is less than the Annual Employee Contribution Limit, then the Company may elect to pay the entire balance of such Account in a cash lump sum.

 











 

4.   Except as specifically set forth herein, the terms of Plan shall remain the same.

 

IN WITNESS WHEREOF, the Company has executed this Amendment on this 17th day of April, 2014, effective as set forth herein.

 

	
 
    	
PROTECTIVE   LIFE CORPORATION
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/   D. Scott Adams
    
	
 
    	
 
    	
D.   Scott Adams
    
	
 
    	
 
    	
Senior   Vice President and Chief
    
	
 
    	
 
    	
Human   Resources Officer