alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
205 La. 31

#### SKLAR v. KAHLE.

No. 35909.

Supreme Court of Louisiana.

Feb. 7, 1944.

J. S. Pickett, of Many, for appellant.

R. A. Fraser, of Many, for appellee.

FOURNET, Justice.

The plaintiff, Sam Sklar, alleging that he and the defendant, Dr. P. J. Kahle, are the co-owners of a certain producing oil, gas, and mineral lease (as well as certain drilling and operating machinery and equipment on the premises) which is being operated by them as a joint adventure or co-partnership, instituted this suit to have the partnership liquidated and its assets partitioned on the ground that the defendant has failed and refused to pay his share of the expenses of operation in accordance with their agreement, ruling Dr. Kahle to show cause why a receiver should not be appointed to take charge of the property and operate it as a going concern during the liquidation of the partnership and its affairs.

In response to the rule the defendant filed (1) exceptions of no cause and no right of action, (2) vagueness, and (3) an answer in which he admitted the plaintiff’s co-ownership of the lease and equipment, as described in the petition, but generally denied all of the other allegations.

The trial judge overruled the exceptions and appointed a receiver to take charge of the business and property of the partnership with full powers of administration in order that it might be operated as a going concern during the pendency of the litigation, from which judgment the defendant obtained a suspensive appeal, this court sustaining his right to a devolutive appeal only upon the plaintiff’s motion to dismiss the appeal. Sklar v. Kahle, 196 La. 137, 198 So. 883.

Partnership property cannot be partitioned or the affairs of the partnership liquidated until after the co-partnership has been dissolved for one of the causes provided by law — Articles 2887-2890 of the Revised Civil Code. See Dunlap v. Ramsey & Dunlap, 191 La. 158, 184 So. 710. In the instant case the plaintiff has not alleged there is any mismanagement or waste in the operation of the lease. As a matter of fact, the court appointed as the receiver the same person that had been selected by the plaintiff and the defendant to operate their lease. It is our opinion, therefore, that the court was not justified in appointing a receiver pending the determination of plaintiff’s action to have the partnership dissolved and the property partitioned.

For the reasons assigned, the judgment appointing a receiver to administer the affairs of the partnership is annulled and set aside; all costs of this appeal are to be borne by the plaintiff, all future costs are to await the final outcome of this litigation.

O’NIELL, C. J., concurs in the decree.
#### RENATO GIORDANO, PROSECUTOR, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF DUMONT, AND RUDOLF HARTENSTEIN, BUILDING INSPECTOR OF THE BOROUGH OF DUMONT, AND HENRY BERSCH, BOROUGH CLERK OF THE BOROUGH OF DUMONT, DEFENDANTS.

Argued October 7, 1947

Decided November 7, 1947.

Before Justices Bodine, Heher and Wachenfeld.

For the prosecutor, *Abram A. Lebson*and *Stanley W. Bradley.*

For the defendants, *Walter H. Jones.*

The opinion of the court was delivered by

Bodine, J.

This is a zoning case.

In the early part of 1945, the prosecutor obtained a building permit for a gasoline station to be built on his property on Washington Avenue in the borough of Dumont. No work was done under this permit. It expired bjr lapse of time.

On July 8th, 1946, the borough enacted an ordinance, an amendment to the existing zoning ordinance, providing that no premises on Washington Avenue should be used for gasoline filling stations. After the passage of this ordinance, the prosecutor applied for and obtained an extension of his building permit. The prosecutor then proceeded to purchase materials and to make contracts for the construction work. On April 22d, 1947, the borough council revoked the permit and directed the building inspector to recall it.

The action challenged is the revocation of the building permit by the Mayor and Borough Council.

*295We think that the right to revoke an illegally issued building permit is clear.

Mr. Justice Case, now Chief Justice, said in *Dickinson*v. Plainfield, 13 *N. J. Mis. R.*260, that he did “not understand it to be the law that a property owner may obtain from an unauthorized official a permit to do a forbidden act and then, by proceeding quickly with the work, forestall consideration by the lawfully designated tribunal.” This language was approved by the Supreme Court in *Dickinson*v. *Plainfield,*122 *N. J. L.*63.

The writ of *certiorari*will be dismissed, with costs.
II 

110TH CONGRESS 

1ST SESSION S. 1496 

To amend the Food Security Act of 1985 to include pollinators in certain 

conservation programs. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. BAUCUS (for himself, Mr. CHAMBLISS, Mr. GRASSLEY, Ms. LANDRIEU, 

Mr. NELSON of Florida, Mr. ISAKSON, Mr. CRAIG, Mr. CASEY, Mr. DORGAN, Mrs. FEINSTEIN, Mrs. CLINTON, Mr. BROWN, Mr. HARKIN, Mr. 

KERRY, Mr. ALLARD, Ms. COLLINS, Mr. BYRD, Mr. THUNE, Mrs. 

BOXER, Mr. TESTER, Mr. FEINGOLD, Mr. SANDERS, Ms. SNOWE, Mr. 

COCHRAN, Mr. NELSON of Nebraska, Mr. ROBERTS, Mr. SALAZAR, Mr. 

CRAPO, Ms. STABENOW, and Mr. CONRAD) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Food Security Act of 1985 to include 

pollinators in certain conservation programs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pollinator Habitat 

5 Protection Act of 2007’’. 


rwilkins on PROD1PC63 with BILLS
2 

•S 1496 IS

1 SEC. 2. CONSERVATION RESERVE PROGRAM. 

2 (a) IN GENERAL.—Section 1231(a) of the Food Se3 curity Act of 1985 (16 U.S.C. 3831(a)) is amended by 

4 striking ‘‘and wildlife’’ and inserting ‘‘wildlife, and polli5 nator habitat’’. 

6 (b) PAYMENTS.—Section 1234(c)(3)(A) of the Food 

7 Security Act of 1985 (16 U.S.C. 3834(c)(3)(A)) is amend8 ed by inserting ‘‘, or pollinator habitat,’’ after ‘‘wildlife 

9 habitat’’. 

10 SEC. 3. CONSERVATION SECURITY PROGRAM. 

11 Section 1238A of the Food Security Act of 1985 (16 

12 U.S.C. 3838a) is amended— 

13 (1) in subsection (a), by inserting ‘‘(including 

14 pollinators)’’ after ‘‘animal life’’; and 

15 (2) in subsection (d)(4)— 

16 (A) in subparagraph (R), by striking 

17 ‘‘and’’ at the end; 

18 (B) by redesignating subparagraph (S) as 

19 subparagraph (T); and 

20 (C) by inserting after subparagraph (R) 

21 the following: 

22 ‘‘(S) pollinator habitat improvement; and’’. 

23 SEC. 4. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 

24 (a) IN GENERAL.—Section 1240(3) of the Food Se25 curity Act of 1985 (16 U.S.C. 3839aa(3)) is amended by 

26 inserting ‘‘pollinators,’’ before ‘‘and wildlife’’. 


rwilkins on PROD1PC63 with BILLS
3 

•S 1496 IS

1 (b) INCENTIVE PAYMENTS.—Section 1240B(e)(2) of 

2 the Food Security Act of 1985 (16 U.S.C. 3839aa– 

3 2(e)(2)) is amended by inserting ‘‘pollinator habitat,’’ 

4 after ‘‘invasive species,’’. 

Æ 


rwilkins on PROD1PC63 with BILLS
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.                  

###### National Aeronautics and Space Administration

          - [Notice (08-070)] 

# AGENCY:

National Aeronautics and Space Administration. 

# ACTION:

Notice of Availability of Inventions for Licensing.

# SUMMARY:

Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing. 

# DATES:

October 9, 2008. 

# FOR FURTHER INFORMATION CONTACT:

Kaprice L. Harris, Attorney Advisor, Glenn Research Center at Lewis Field, Code 500-118, Cleveland, OH 44135; telephone (216) 433-5754; fax (216) 433-6790. 

*NASA Case No. LEW-18256-1:*                         An N Channel Jfet Based Digital Logic;                     

*NASA Case No. LEW-17904-3:*                         Synthesis of Asymmetric 6F-Dianhydride and Corresponding Tetracarboxylic Acid;                     

*NASA Case No. LEW-18291-1:*                         Adaptive Morphological Feature-Based Object Classifier for a Color Imaging System;                     

*NASA Case No. LEW 18254-1:*                         Simultaneous Non-Contact Precision Measurement of Microstructural and Thickness Variation in Dielectric Materials Using Terahertz Energy.                     

Dated: October 3, 2008. 

Michael C. Wholley, 

General Counsel.

[FR Doc. E8-24058 Filed 10-8-08; 8:45 am] 

BILLING CODE 7510-13-P
#### James WAYBRIGHT v. STATE.

7 Div. 116.

Court of Appeals of Alabama.

June 4, 1935.

BRICKEN, Presiding Judge.

Affirmed.
EXHIBIT 32.1

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-QSB of Incentra Solutions,
Inc. (the "Company") for the period ended June 30, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Thomas P.
Sweeney III, as Chief Executive Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date:  August 15, 2005                         By:   /s/ Thomas P. Sweeney III
                                                     -------------------------
                                                     Thomas P. Sweeney III
                                                     Chief Executive Officer



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

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 32.01

# 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 the Quarterly report of Sbarro, Inc. (the Company) on Form
10-Q for the period ended July 16, 2006 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Peter Beaudrault, Chief
Executive Officer of the Company, certify, to the best of my knowledge, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:

|(1) |  | The
Report fully complies with the requirements of Section 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: August 29, 2006

/s/ Peter Beaudrault
Peter Beaudrault
President and
Chief Executive Officer
(Principal Executive Officer)

NOTE: A signed original of this
certification has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24158]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-4-000]


Krayn Wind LLC; Supplemental Notice That Initial Market-Based 
Rate Filing Includes Request for Blanket Section 204 Authorization

October 6, 2008.
    This is a supplemental notice in the above-referenced proceeding of 
Krayn Wind LLC's application for market-based rate authority, with an 
accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR Part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR Part 34, of future issuances of securities and assumptions of 
liability, is October 27, 2008.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive e-mail notification 
when a document is added to a subscribed dockets(s). For assistance 
with any FERC Online service, please e-mail <a href="/cdn-cgi/l/email-protection#25636077666a4b494c4b40765055554a575165434057460b424a53"><span class="__cf_email__" data-cfemail="2f696a7d6c60414346414a7c5a5f5f405d5b6f494a5d4c01484059">[email protected]</span></a> 
or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-24158 Filed 10-9-08; 8:45 am]
BILLING CODE 6717-01-P


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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the quarter ended September 30, 1998 for May Limited  Partnership 1984-3 and
is qualified in its entirety by reference to such Form 10-Q.
</LEGEND>
<CIK>                         0000765946
<NAME>                        May Limited Partnership 1984-3
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                         182
<SECURITIES>                                   0
<RECEIVABLES>                                  126
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               308
<PP&E>                                         7,724
<DEPRECIATION>                                 7,704
<TOTAL-ASSETS>                                 328
<CURRENT-LIABILITIES>                          9
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     319
<TOTAL-LIABILITY-AND-EQUITY>                   328
<SALES>                                        532
<TOTAL-REVENUES>                               543
<CGS>                                          0
<TOTAL-COSTS>                                  113
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                430
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            430
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   430
<EPS-PRIMARY>                                  42.58
<EPS-DILUTED>                                  42.58
        


</TABLE>
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge David L. West

Criminal No. 11-CR-00402-DLW

UNITED STATES OF AMERICA,

Plaintiff,

vs.

1. SHANE FRENCH,

Defendant.

 

MINUTE ORDER SETTING HEARING

 

ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST

IT IS HEREBY ORDERED that this matter is set for a hearing on February 16, 2012 at

3:00 p.m. before the Magistrate Judge, 103 Sheppard Drive, Room 235, Durango, Colorado 81303

on the Probation Officer’s Request to Modify Conditions of Release.

Failure of the Defendant to appear on that date and time may result in a warrant being issued

for his arrest.

DATED: February 14, 2012.

BY THE COURT:

s/David L. West 

United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Civil Case No. 11-cv-02516-LTB-MEH

DACE PRUITT,

Plaintiff,

v.

HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, a Connecticut insurance

company,

Defendants.

________________________________________________________________________

ORDER OF DISMISSAL 

________________________________________________________________________

THIS MATTER having come before the Court on the Stipulation for Dismissal (Doc

24 - filed April 27, 2012), and the Court being fully advised in the premises, it is therefore

ORDERED that this matter shall be DISMISSED WITH PREJUDICE, each party to

pay their own fees and costs. 

BY THE COURT:

 s/Lewis T. Babcock 

Lewis T. Babcock, Judge

DATED: April 30, 2012

Case 1:11-cv-02516-LTB-MEH Document 25 Filed 04/30/12 USDC Colorado Page 1 of 1
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24211]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel, Operation of a Facility to Study 
Influenza Viruses, Vaccines, and Antimicrobials.
    Date: October 22, 2008.
    Time: 2:30 p.m. to 6:30 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: National Institutes of Health, 6700B Rockledge Drive, 
Bethesda, MD 20817 (Telephone Conference Call).
    Contact Person: Thames E. Pickett, PhD, Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, National Institutes of Health/NIAID, 6700B Rockledge 
Drive, MSC 7616, Bethesda, MD 20892-7616, 301-496-2550, 
<a href="/cdn-cgi/l/email-protection#a0d0c9c3cbc5d4d4d4c5e0cec9c1c9c48ecec9c88ec7cfd6"><span class="__cf_email__" data-cfemail="dfafb6bcb4baabababba9fb1b6beb6bbf1b1b6b7f1b8b0a9">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS).

    Dated: October 6, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-24211 Filed 10-9-08; 8:45 am]
BILLING CODE 4140-01-P


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**EXHIBIT32.2**

 

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 the Annual Report of Ciprico Inc. (the “Company”) onForm 10-K for the period ended September 30, 2005 as filed with the Securitiesand Exchange Commission (the “Report”), I, Monte S. Johnson, Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

 

 
| Dated:  December 6, 2005 | /s/  Monte S. Johnson                     |
|--------------------------|-------------------------------------------|
|                     | Monte S. Johnson  Chief Financial Officer |

 

 

----