alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JOHN J. FOSTER, PLAINTIFF-APPELLANT, v. FRANK YODICE, DEFENDANT-RESPONDENT.

Submitted October 7, 1947

Decided November 20, 1947.

Before Justices Bodine, Heher and Wachenfeld.

For the plaintiff-appellant, *Rubenstein & Nardella (Joseph J. DeLuccia).*

For the defendant-respondent, *Earl T. Milsop*and *Mortimer L. Mahler.*

The opinion of the court was delivered by .

Bodine, J.

The,appeal is from the District Court. Suit was brought for commissions earned under a contract for the exclusive sale of No. 126 Jasper Street, Paterson, New Jersey. So far as pertinent, the agreement provided as follows: “I agree to pay you in cash a commission of 5 *per centum*of the price obtained, if purchaser is procured during said period, by you or by me, or anyone else, upon the terms named or upon any other price or terms as to time or mode of payment which said purchaser and I agree to.” On the reverse of this agreement, at the foot thereof, appear notations made by the broker as follows:

A sale was made by the owner during this period; hence the suit.'

*307Evidence was admitted that commissions were only to be paid upon the purchase price above the mortgage which amounted to the sum of $4,900. The court so found.

Plaintiff was dissatisfied with this verdict and appeals, urging there was trial error In the admission of parol evidence which varied the terms of the written agreement.

Defendant’s contention is that the written instrument was ambiguous and called for explanation. This is asserted because of the notations on the back of the instrument. This we think is so.

The plaintiff testified, over objection, that an agreement existed to limit commissions to a sum received above the mortgage. Later he retracted this statement. The defendant so testified. The notation on the back of the agreement is capable of that meaning and justified the rejection by the trial court of the retraction of the admission of limitation.

The judgment is .affirmed.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CHIEF JUDGE MARCIA S. KRIEGER

Courtroom Deputy: Patricia Glover Date: September 10, 2013

Court Reporter: Terri Lindblom

Probation Officer: Nicole Peterson

Criminal Action No. 11-cr-00355-MSK

Parties: Counsel:

UNITED STATES OF AMERICA, Linda Kaufman

Martha Paluch

Plaintiff,

v.

WAUNITA WEINGART, Martin Stuart

Defendant.

SENTENCING MINUTES

______________________________________________________________________________

1:05 p.m. Court in session.

Defendant present in custody.

Change of Plea Hearing on March 13, 2013. Defendant pled guilty to Counts 3 and 6 of the

Indictment.

Parties received and reviewed the presentence report and all addenda.

The parties do not dispute the facts contained in the presentence report.

The parties do not dispute the calculation of the sentence under the Federal Sentencing

Guidelines as set forth in the original presentence report.

The parties do not request departure.

The parties do not contend that the sentence should be different from that calculated under the

Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section

3553(a).

Allocution. - Statements made by: The Government, the defendant, defense counsel.

After consideration of the provisions of 18 U.S.C. 3553 (a), the Court announces the sentence it

intends to impose as reflected in the record. Counsel are offered the opportunity for further

argument. No further argument.

Case No. 1:11-cr-00355-MSK Document 331 filed 09/10/13 USDC Colorado pg 1 of 2
Sentencing Minutes

Chief Judge Marcia S. Krieger

Page 2

THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.

The defendant is advised of her right to appeal.

ORDER: Defendant is remanded to the custody of the United States Marshal for the

District of Colorado.

2:12 p.m. Court in recess.

Total Time: 1 hour 7 minutes.

Hearing concluded.

Case No. 1:11-cr-00355-MSK Document 331 filed 09/10/13 USDC Colorado pg 2 of 2
#### Helen Jools, Respondent, *v.*Schatz Halpun Catering Corp., Appellant.

Supreme Court, Appellate Term, First Department,

October 25, 1956.

*A. S. Bernstein*and *Bernard Helfenstein*for appellant.

*Louis George Rudd*for respondent.

*Per Curiam.*

There is no proof in the record of any negligence on the part of the defendant, nor is there any competent testimony to indicate the cause of the accident. The mere happening of the accident without any proof of the cause thereof does not give rise to a cause of action *(Beutenmiller*v. *West End Tavern,*285 App. Div. 820, affd. 1 N Y 2d 652). The refusal of the court below to dismiss the complaint at the conclusion of plaintiff’s case was, therefore, improper, and the judgment in favor of plaintiff may not be permitted to stand.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Eder, Hecht and Tilzer, JJ., concur.

Judgment reversed, etc.
<PAGE>

                                   EXHIBIT 24
<PAGE>

                                POWER OF ATTORNEY

     We, the undersigned directors of the Registrant, hereby severally
constitute and appoint Steven K. Colliatie our true and lawful attorney and
agent, to do any and all things in our names in the capacities indicated below
which said person may deem necessary or advisable to enable the Registrant to
comply with the Securities Exchange Act of 1934, as amended, and any rules,
regulations and requirements of the Securities and Exchange Commission, in
connection with the annual report on Form 10-KSB for the year ended December 31,
1999, including specifically, but not limited to, power and authority to sign
for us in our names in the capacities indicated below the annual report and any
amendments thereto; and we hereby approve, ratify and confirm all that said
person shall do or cause to be done by virtue thereof.




----------------------------------
Joan H. Schonholtz
Director


----------------------------------
Abbey J. Butler
Director

/s/ Melvin J. Estrin
----------------------------------
March 24, 2000
Melvyn J. Estrin
Chairman of the Board, Director



/s/ Avis Y. Pointer
----------------------------------
March 24, 2000
Avis Y. Pointer
Director
<PAGE>

Exhibit 10.11a
Sublease Extension of Lease between LJL BioSystems, Inc. and Coptech West


COPTECH WEST

P.O. Box 60609
Sunnyvale, CA 94088-0609
1190 Morse Avenue
Sunnyvale, CA 94089

SUBLEASE EXTENSION

Coptech West and LJL BioSystems hereby agree to extend the Sublease dated March
26, 1998 from May 1, 2000 through August 31, 2002. The base monthly rent
beginning May 1, 2000 through April 30, 2001 shall be $19,051.00. The Base
monthly rent from May 1, 2001 through August 30, 2002 shall be $20,289.00. All
other terms of the original sublease remain in effect.



Agreed                                           Agreed

Coptech West                                     LJL BioSystems

/s/ FRANK VELOZ                                  /s/ ROBERT T. BEGGS
---------------                                  -------------------
Date: 1/18/2000                                  Date: 1/18/2000


                                      -26-
<PAGE>

                                                                    Exhibit 10.1

                                Amendment No. 1
                    to the Eagle Family Foods Holdings, Inc.
                           1998 Stock Incentive Plan

This Amendment No. 1 to the Eagle Family Foods Holdings, Inc. 1998 Stock
Incentive Plan (the "Stock Plan") is effective January 5, 2000.

The second sentence of Article III of the Stock Plan is hereby amended to delete
the number "153,650" and to replace it with the number "206,150".
* * *
As adopted by the Board of Directors and the stockholders of Eagle Family Foods
Holdings, Inc. on January 5, 2000.
Exhibit 10.5



CERTIFICATION PURSUANT TO 18 U.S.C. SS.1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report, of Zi Corporation (the
"Company") on Form 20-F for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof, I, Dale Kearns, Chief
Financial Officer of the Company, certify pursuant to 18 U.S.C. ss.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 the Company.

      
    
  



                              
                            
                          
                        
                      
                    
                  
                
              
            
          
        
      
    
  

	Date: May 14, 2004.	
     

	 	
    "Dale Kearns" 

	 	Dale Kearns

    Chief Financial Officer
Exhibit 99.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of SportsNuts, Inc. (the "Company") on
Form 10-KSB and Form 10-KSB/A for the period ending December 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Periodic
Report"), I, Kenneth I. Denos, Chief Executive Officer of the Company, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)   The Periodic Report fully complies with the requirements of the Securities
      Exchange Act of 1934; and

(2)   The information contained in the Periodic Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

      Date as of March 28, 2003
                                      By       /s/ Kenneth I. Denos
                                        ---------------------------------
                                        Kenneth I. Denos
                                        Chief Executive Officer and
                                        Chief Financial Officer
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 1Federal Reserve Bank of: BostonFilings received during the week ending November 17, 2007FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
|   | (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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | 5/19/11 |   |                                                           |   |
|--------|---------|--------|----------------------------------------------------------------|--------|
|   |    |   |                                                           |   |
|   |    |   | /s/ PATRICK J. LAWLOR                                          |   |
|   |    |   | Patrick J. Lawlor                                              |   |
|   |    |   | Vice President Finance,Chief Financial Officer & Secretary |   |
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART, 

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants. 

 

GOVERNMENT’S MOTION TO WITHDRAW DOCUMENT #88, 

GOVERNMENT’S MOTION TO RESTRICT DOCUMENT

 

The United States of America, by and through United States Attorney John F. Walsh and

Assistant United States Attorney Linda Kaufman, respectfully moves to withdraw the previously

filed Government’s Motion To Restrict Document (Doc. 88) in this matter. As grounds therefor,

the Government states as follows:

1. In filing Document #88, the Government neglected to reference a specific

document it sought to restrict.

Case No. 1:11-cr-00355-MSK Document 95 filed 07/02/12 USDC Colorado pg 1 of 3
Respectfully submitted this 2 day of July, 2012. nd

JOHN F. WALSH 

United States Attorney

By: s/Linda Kaufman 

LINDA KAUFMAN

Assistant U.S. Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Fax: (303) 454-0404

E-mail: Linda.Kaufman@usdoj.gov

ATTORNEY FOR THE GOVERNMENT

Case No. 1:11-cr-00355-MSK Document 95 filed 07/02/12 USDC Colorado pg 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on this 2 day of July, 2012, I electronically filed the nd

foregoing GOVERNMENT’S MOTION TO WITHDRAW DOCUMENT #88, 

GOVERNMENT’S MOTION TO RESTRICT DOCUMENT with the Clerk of the Court

using the CM/ECF system, which will send notification of such filing to the following email addresses:

Martin Adam Stuart

Email: martinstuartlaw@solucian.com

William Lewis Taylor

Email: wltaylorpc@gmail.com

Ms. Paula M. Ray

Email: paulamray@earthlink.net

s/Michelle Trujillo 

MICHELLE TRUJILLO

Legal Assistant

United States Attorney’s Office

1225 17th Street, Suite 700

Denver, Colorado 80202

Phone: 303-454-0273

Fax: 303-454-0409

Michelle.Trujillo@usdoj.gov

Case No. 1:11-cr-00355-MSK Document 95 filed 07/02/12 USDC Colorado pg 3 of 3
Exhibit 10.4


                DESCRIPTION OF RAYMOND F. KUNZMANN'S COMPENSATION


      Raymond F. Kunzmann is serving as Chief Financial Officer and Senior Vice
President of Mobius Management Systems, Inc. (the "Company") pursuant to an
offer from the Company which includes the following principle terms:

      o     Starting annual salary: $175,000 paid in semi-monthly installments.
      o     Monthly bonuses: an annual total of $150,000 paid in monthly
            installments of $12,500 for accomplishment of performance criteria
            which the Company and Mr. Kunzmann will mutually determine prior to
            Mr. Kunzmann's start date and amend as mutually agreed thereafter.
            For the first year of employment, Mr. Kunzmann shall receive bonus
            payments with a total of no less than $75,000.
      o     Stock options: 170,000 options in Mobius stock, (subject to approval
            of the Mobius Board of Directors) to be granted in accordance with
            the Mobius options program. These options are ISO qualified and
            non-qualified options (depending on applicable laws and regulations)
            and vest over five years as follows: 20% at the end of the first
            year and 5% each quarter thereafter while Mr. Kunzmann is employed
            by Mobius.
      o     Change of Control - in addition to the standard change of control
            provision for Mobius Stock Options Plan, a change of control feature
            wherein if (a) there was a change in control of the Company and, (b)
            as a result of the change in control, Mr. Kunzmann's employment was
            constructively terminated (i.e., actually terminated; given a lower
            level position; asked to relocate more than 35 miles from the
            existing corporate headquarters; etc.) Mr. Kunzmann would receive a
            payment of one and half times his annual total compensation.

      Mr. Kunzmann will participate in the Company's benefits program generally
available to the Company's employees.

      Employment and compensation with the Company are "at will" in that they
can be terminated with or without cause, and with or without notice, at any
time, at the option of either Mobius or Mr. Kunzmann. There is no express and/or
implied contract of employment with Mobius.


Dated:  December 16, 2003
---





Exhibit
  99.2

INDEPENDENT
  AUDITORS CONSENT



We consent
  to the incorporation by reference of our auditors report and comments
  by auditors for U.S. readers on Canada-U.S. reporting differences, both dated
  March 10, 2004, in Registration Statements No. 333-12130 on Form F-3, No. 333-12780,
  333-12802 and 333-12804 on Form S-8 and No. 333-97069 on Form F-10 of BCE Inc.
  and to the use of our reports dated March 10, 2004, in this Annual Report on
  Form 40-F of BCE Inc. for the year ended December 31, 2003.





| |  | (signed)
      Deloitte & Touche LLP
| |  | ------------------------------------
| |  |                                     
| |  | Deloitte
      & Touche LLP         





Montreal, Canada
  April 14, 2004





---
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch

Civil Action No. 02-cv-00337-RPM

(Consolidated with Civil Action No. 03-cv-02603-RPM)

DANIEL UNIS,

ROSA UNIS,

DAVID UNIS and

MARCOS UNIS,

Plaintiff,

v.

PAT A CROUCH, an agent of the Colorado Bureau of Investigation;

DAVID SANDERS, an agent of the Drug Enforcement Administration;

PAUL J. ROACH, an agent of the Drug Enforcement Administration;

KENT L. FLORENCE, an agent of the Drug Enforcement Administration;

WILLIAM ELDRIDGE, an agent of the Drug Enforcement Administration;

LUIS M. TORRES, an agent of the Drug Enforcement Administration;

ROBERT BERTON, an agent of the Drug Enforcement Administration;

JASON HEFLIN, a Pueblo police officer;

LEIDE DEFUSCO, a Pueblo police officer;

JEFFREY CARPENTER, a Pueblo police officer;

ANDREW McLACHLAN, a Pueblo police officer, all of whom are all sued in their

individual capacities; and

CITY OF PUEBLO, COLORADO and

UNITED STATES OF AMERICA,

Defendants.

__________________________________________________________________

ORDER OF DISMISSAL WITH PREJUDICE

__________________________________________________________________

Upon consideration of the Stipulation and Motion for Dismissal with Prejudice,

filed on October 3, 2005, it is

Case 1:02-cv-00337-RPM Document 172 Filed 10/03/05 USDC Colorado Page 1 of 2
2

ORDERED that the referenced actions (Civil Action No. 02-cv-00337-RPM and

03-cv-02603-RPM) are dismissed with prejudice, each party to bear its own attorney’s

fees and costs.

Dated: October 3, 2005

BY THE COURT:

S/Richard P. Matsch

_________________________________

Richard P. Matsch, Senior District Judge

Case 1:02-cv-00337-RPM Document 172 Filed 10/03/05 USDC Colorado Page 2 of 2
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 7Federal Reserve Bank of: ChicagoFilings received during the week ending August 13, 2016FilerFiling TypeFiling ProposalEnd of Comment PeriodBTC FINANCIAL CORPORATION                                                                                               CICNotice by John Ruan III, Des Moines, Iowa; Suku Radia, West Des Moines, Iowa; David J. Fisher, West Des Moines, Iowa; Thomas R. Schaefer, Stuart, Florida; and J. Landis Martin, Denver, Colorado, together as a control group acting in concert, for permission to retain the authority to vote 100 percent of the voting shares of BTC Financial Corporation, Des Moines, Iowa, and thereby indirectly control Bankers Trust Company, Des Moines, Iowa.  Messrs. Ruan, Radia, Fisher, Schaefer and Martin constitute the Family Business Advisory Board of both The Ruan Trust and The Ruan BTC Trust, both of Des Moines, Iowa, which own 100% of the voting shares of BTC Financial Corporation.  John Ruan III is the trustee of both Trusts.Newspaper: Not availableFederal Register: 09/01/2016FIRST MIDWEST BANCORP, INC.                                                                                             * 18C
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
<CURRENCY> U.S.DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           7,327
<INT-BEARING-DEPOSITS>                          38,513
<FED-FUNDS-SOLD>                                 8,700
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      5,249
<INVESTMENTS-CARRYING>                          14,392
<INVESTMENTS-MARKET>                            14,328
<LOANS>                                         46,775
<ALLOWANCE>                                        747
<TOTAL-ASSETS>                                  79,069
<DEPOSITS>                                      70,445
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                423
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,607
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>                  79,069
<INTEREST-LOAN>                                  3,714
<INTEREST-INVEST>                                  564
<INTEREST-OTHER>                                   452
<INTEREST-TOTAL>                                 4,730
<INTEREST-DEPOSIT>                               1,144
<INTEREST-EXPENSE>                               1,144
<INTEREST-INCOME-NET>                            3,586
<LOAN-LOSSES>                                      940
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  4,212
<INCOME-PRETAX>                                  (362)
<INCOME-PRE-EXTRAORDINARY>                       (362)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (364)
<EPS-PRIMARY>                                   (0.15)
<EPS-DILUTED>                                   (0.15)
<YIELD-ACTUAL>                                    6.13
<LOANS-NON>                                        965
<LOANS-PAST>                                     1,155
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,088
<CHARGE-OFFS>                                      940
<RECOVERIES>                                       298
<ALLOWANCE-CLOSE>                                  747
<ALLOWANCE-DOMESTIC>                               747
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            747
        

</TABLE>
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO

. 09

- 16

- 00 402

- C V



### ____________________

IN RE GERALD HOOKS JR. AND LESLY K. HOLEN

________________________________________ _______________ ______________

O riginal Proceeding

172 th District Court of Jefferson County, Texas

Trial Cause No

. E

- 1 67

, 872

________________________________________ ________________ _____________

ORDER

On my own motion, I re cuse myself from further participation in this original

proceeding , effective October 28 , 2016

.

ORDER ENTERED October 28 , 2016

.

________________________________ STEVE MCKEITHEN

Chief Justice