alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
230 La. 821

#### Nancy Callan CONEY v. Walton B. CONEY. Walton B. CONEY v. Nancy Callan CONEY. Walton B. CONEY v. Nancy Callan CONEY.

No. 42348.

Supreme Court of Louisiana.

June 29, 1956.

Mary Purser, Amite, Benton & Moseley, Baton Rouge, for appellant.

James T. Burns, Covington, James H. Morrison, Hammond, Ponder & Ponder, Amite, for plaintiff-appellee.

HAMITER, Justice.

Mrs. Nancy Callan Coney, the divorced wife of Walton B. Coney, is appealing from a judgment which purportedly adjudicated a full liquidation and settlement of the community of acquets and gains that formerly existed between those persons. On four previous occasions we have reviewed other phases of their litigated marital controversy. See 215 La. 667, 41 So. 2d 497; 217 La. 246, 46 So.2d 258; 218 La. 218, 48 So.2d 902; 220 La. 473, 56 So.2d 841.

*327At the outset we notice that the judgment presently appealed from is predicated on an incomplete accounting. Thus, with respect to the community assets and obligations, the evidence adduced affects only a period from the community’s commencement to and including March 23, 1948; whereas, the community was not dissolved until January 27, 1950, the day on which the husband obtained a decree of divorce. See Tanner v. Tanner, 229 La. 399, 86 So.2d 80; Messersmith v. Messersmith, 229 La. 495, 86 So.2d 169; Abraham v. Abraham, La., 87 So.2d 735 and Abunza v. Olivier, La., 88 So.2d 815. (Although there were two separation suits instituted previous to the divorce action—one by each litigant — neither resulted in a judgment.)

Under the mentioned circumstances we find it impossible to pronounce definitely on the instant liquidation and settlement dispute and, pursuant to Code of Practice Article 906, we have concluded that the cause should be remanded for the reception of further evidence relating to community assets and obligations during the period from March 23, 1948 to January 27, 1950. This conclusion is also in keeping with our decision in Daigre v. Daigre, La., 89 So.2d 41, in which we dealt with the problem of the settlement of a community on a “piece meal” basis and there pointed out the undesirability of such a practice.

After the introduction of the additional proof the district judge shall render such judgment as the law and the evidence (that heretofore as well as hereafter adduced) warrant.

For the reasons assigned the judgment appealed from is reversed and set aside and this cause is remanded to the district court for further proceedings according to law and consistent with the views hereinabove expressed. The costs of this appeal shall be borne one-half by each litigant, and all other costs shall await the final determination of the matter.

PONDER, J., recused.
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 State

          - [Public Notice 6053] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Luxury for Export: Artistic Exchange Between India and Portugal Around 1600,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Isabella Stewart Gardner Museum, Boston, MA, from on or about February 8, 2008, until on or about May 4, 2008, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register.**

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8048). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: December 28, 2007. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. 

[FR Doc. E8-20 Filed 1-4-08; 8:45 am] 

BILLING CODE 4710-05-P
EXHIBIT 32.1


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with this quarterly report of Possis Medical, Inc. on Form 10-Q
for the period ended January 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof ("the Report"), I, Robert G. Dutcher, Chief
Executive Officer of Possis Medical, Inc., certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

     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 this Report fairly presents, in all
          material respects, the financial condition and results of operations
          of Possis Medical, Inc.


March 15, 2004                              /s/ Robert G. Dutcher
                                            ----------------------------------
                                            Robert G. Dutcher
                                            Chairman, President and
                                            Chief Executive Officer



                                       51
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  June 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      Citicorp Banking Corporation
Address:   One Penn's Way
           New Castle, Delaware 19720

Form 13F File Number:              28-7574

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      William H. Wolf
Title:     Senior Vice President
Phone:     (302) 323-3118

Signature, Place, and Date of Signing:

/s/ William H. Wolf           New Castle, Delaware         August 16, 1999
----------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
EX-35 (g)
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.


March 01, 2007

Merrill Lynch Mortgage Investors, Inc.
4 World Financial Center
New York, NY 10281

RE: Annual Statement As To Compliance for Merrill Lynch Mortgage Investors
Trust, Series 2006-A2

Per Section 3.16 of the Pooling and Servicing Agreement, dated as of 04/01/2006,
the undersigned Officer of Wells Fargo Bank, N.A., (Securities Administrator),
hereby certifies the following for the 2006 calendar year or portion thereof:

(i)   A review of such party's activities during the preceding calendar year or
      portion thereof and of such party's performance under this Agreement, or
      such other applicable agreement in the case of a Servicing Function
      Participant, has been made under such officer's supervision.

(ii)  To the best of such officer's knowledge, based on such review, such party
      has fulfilled all its obligations under this Agreement, or such other
      applicable agreement in the case of a Servicing Function Participant, in
      all material respects throughout such year or portion thereof, or, if
      there has been a failure to fulfill any such obligation in any material
      respect, specifying each such failure known to such officer and the nature
      and status thereof.

(iii) Notwithstanding anything herein to contrary (and noting that, to the
      extent of any inconsistency, any and all other statements, certifications
      or assertions herein are subject to the following): instances of
      noncompliance related to the subject transaction for the applicable
      reporting period are identified on Schedule A hereto.


Certified By:
/s/ Barry Akers
Barry Akers
Vice President

Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary


(page)


Schedule A

Reporting Errors

During the reporting period, one or more of the monthly investor reports
contained certain types of errors in regard to the calculation and or the
reporting of delinquencies for the pool assets. To the best of the signing
officer's knowledge, each such error, which may or may not have been material,
has been identified and remedied and any related corrective action has been
disclosed in a report previously filed with the SEC in respect of the reporting
period.
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 Health and Human Services

# ACTION:

Announcement of meeting.  

# SUMMARY:

This notice announces the 22nd meeting of the American Health Information Community Confidentiality, Privacy, & Security Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.)  

# DATES:

September 11, 2008, from 1 p.m. to 5 p.m. [Eastern Time].  

      ( print page 51483)    

# ADDRESSES:

Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use the C Street entrance closest to 3rd Street and bring photo ID for entry to a Federal building.  

# FOR FURTHER INFORMATION CONTACT:

*http://www.hhs.gov/​healthit/​ahic/​confidentiality/​.*

# SUPPLEMENTARY INFORMATION:

The Workgroup Members will continue discussing and evaluating the confidentiality, privacy, and security protections and requirements for participants in electronic health information exchange environments.  

                    The meeting will be available via Web cast. For additional information, go to:                     *http://www.hhs.gov/​healthit/​ahic/​cps_​instruct.html*.                  

Dated: August 5, 2008.  

Judith Sparrow,  

Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology.  

[FR Doc. E8-20332 Filed 9-2-08; 8:45 am]  

BILLING CODE 4150-45-P
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


In connection with this quarterly report of Possis Medical, Inc. on Form 10Q for
the period ended October 31, 2006 as filed with the Securities and Exchange
Commission on the date hereof ("the Report"), I, Jules L. Fisher, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     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 this Report fairly presents, in all
         material respects, the financial condition and results of operations of
         Possis Medical, Inc.

Date: December 8, 2006   By:  /s/ Jules L. Fisher
                         ------------------------------------------------------
                         JULES L. FISHER
                         Vice President of Finance and Chief Financial Officer


                                       24
Order entered August 2 6 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 00090
- CR DAVID BRIAN NEFF, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Ju dicial District Court

Collin County, Texas Trial Court Cause No. 401
- 82288
- 2018



### O RDER
We REINSTATE this appeal.
We abated for a hearing to determine why appellant’s brief has not been filed. On August 19, 2019, appellant filed his brief along with a mot ion to extend time to do the so. On August 21, 2019, a supplemental reporter’s record was filed of the trial court’s August 19th hearing. We ADOPT the trial court’s findings that (1) appellant wishes to prosecute this appeal; (2) appellant, who is indigen t, is represented by appointed counsel Stephanie Hudson; and (3) counsel did not abandon the appeal and filed the brief on August 19 , 2019.
We GRANT appellant’s August 19, 2019 motion for extension of time and ORDER appellant’s brief filed as of the date o f this order.We DIRECT the Clerk to send copies of this order to the Honorable Mark Rusch,

Presiding Judge, 401st Judicial District Court; Stephanie Hudson; and to the Collin County District Attorney’s Office.
Th e State’s brief is due September 26 , 2019.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
#### John Richard KAHLER, Elden John Toncevich, and James Gregory Voyce, Appellants, v. STATE of Florida, Appellee.

Supreme Court of Florida. Division B.

July 20, 1956.

Rehearing Denied Sept. 11, 1956.

PER CURIAM.

Affirmed.
[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Presidential Documents]
[Page 51209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20436]




                        Presidential Documents 



Federal Register / Vol. 73 , No. 170 / Tuesday, September 2, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 51209]]

                Executive Order 13471 of August 28, 2008

                
Further Amendments To Executive Order 13285, 
                President's Council On Service And Civic Participation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States, and in 
                order to increase the membership and extend the 
                duration of the President's Council on Service and 
                Civic Participation, it is hereby ordered that 
                Executive Order 13285 of January 29, 2003, as amended, 
                is further amended as follows:

                Section 1. Section 1 is amended by adding at the end of 
                section 1 the following new subsection: ``(c) To 
                conduct and vote on official business during meetings, 
                the Council must convene a quorum of at least 10 
                Council members.''

                Sec. 2. Section 4(b) is amended to read: ``(b) Unless 
                further extended by the President, this order shall 
                expire on June 30, 2009.''

                Sec. 3. Section 4 is amended by adding at the end 
                thereof the following new subsection:

                ``(c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity, by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.'' 
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 28, 2008

[FR Doc. E8-20436
Filed 8-29-08; 8:45 am]
Billing code 3195-01-P
exv10w1



 






Exhibit 10.1




[PEABODY ENERGY CORPORATION LETTERHEAD]




March 1, 2005




PERSONAL AND CONFIDENTIAL




Gregory H. Boyce

11012 Clayton Road

St. Louis, MO 63131



Dear Greg:




This letter agreement (the “Letter Agreement”) will summarize the basic terms which Peabody Energy
Corporation (the “Company”) believes would be appropriate to govern a continued employment
relationship between you and the Company. As you know, the Company has elected you as its new
President and Chief Executive Officer, to be effective January 1, 2006 (the “Effective Date”).
However, the Company believes that a gradual transfer of the duties and responsibilities of the
Company’s current Chief Executive Officer to you over the balance of 2005 is an essential step to
ensure a smooth transition in connection with the succession of the Company’s current Chief
Executive Officer.




Accordingly, the actual transfer of duties and responsibilities from the Company’s current Chief
Executive Officer to you would occur from time to time from the announcement until the close of
business on December 31, 2005. The title of President and Chief Executive Officer and any and all
duties and responsibilities associated therewith would be fully transferred to you effective as of
the Effective Date. As a result, until the end of calendar year 2005, you would continue to be
employed by the Company as its President and Chief Operating Officer under the terms and conditions
of that certain Employment Agreement made as of October 1, 2003, between you and the Company, as
previously amended (the “Existing Employment Agreement”). You agree that the assumption of these
additional duties and responsibilities during the balance of 2005, would not constitute Good Reason
for purposes of the Existing Employment Agreement or any other relevant agreement between you and
the Company.




In order to induce you to continue to serve the Company in your current position while working in
close collaboration with the Company’s current Chief Executive Officer until December 31, 2005, and
in an effort to secure your continued services as the Company’s new President and Chief Executive
Officer on and after the Effective Date, the Company agrees to enter into an Amended and Restated
Employment Agreement effective on the Effective Date, in the form attached hereto as Exhibit A and
incorporated herein by reference.




 









 








Gregory H. Boyce

March 1, 2005

Page 2



Please confirm your agreement with the foregoing (including, but not limited to, the terms and
conditions of the Amended and Restated Employment Agreement attached hereto as Exhibit A and
incorporated herein by reference) by signing and dating the enclosed duplicate copy of this Letter
Agreement and returning that copy to me, or contact me with any questions or comments you may have.




	 	 	 	 	 
	 	 	Very truly yours,
	

	 	 	 	 
	 	 	PEABODY ENERGY CORPORATION
	

	 	 	 	 
	

	 	By:
	 	/s/ ROBERT B KARN
	

	 	 	 	 
	

	 	Its:
	 	Chairman
of Compensation Committee






AGREED AND ACCEPTED:




	 	 
	/s/
GREGORY H BOYCE
	Signature

	 

	February 28, 2005
	Date
#### Samuel K. Maccabee, Plaintiff, *v.*Rose Lipman, Defendant.

Supreme Court, Special Term, Kings County,

December 19, 1946.

*Joseph B. Duggan*for defendant.

*James H. Hickey*for plaintiff.

Michael F. Walsh, J.

This is a motion to change the venue of this action from Kings County to Dutchess County pursuant to section 183 of the Civil Practice Act and rule 146 of the Rules of Civil Practice, on the ground that this action is to “ recover or to procure a judgment establishing * * * a lien or other interest in real property in Dutchess County.” Plaintiff is suing to rescind a written executory contract to purchase real property, for a lien on said premises for the down payment and expenses, and for a judgment of $1,500 and interest. Plaintiff is not seeking a judgment involving a change in the title of real property. In an analogous case it was held the lien which plaintiff seeks is not within subdivision 9 of section 183. (See *Hogg*v. *Mack,*53 Hun 463; also 4 Carmody on New York Practice, § 1157; *Nassau Hotel Co.*v. *Barnett,*164 App. Div. 203; *918
      *Maier*v. *Rebstock,*68 App. Div. 481.) This case involves an executory and not an executed contract. *(Birmingham*v. *Squires,*139 App. Div. 129.)

Motion denied.