alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KENDALL v. BROTHERHOOD OF RAILROAD TRAINMEN.

No. 967.

Court of Appeal of Louisiana, First Circuit.

May 3, 1932.

*810Ponder & Ponder, of Amite, for appellant.

Bascom D. Talley, of Bogalusa, for appel-lee.

MOUTON, J.

The defendant association, with its alleged headquarters in Cleveland, is sued -by Mrs. Georgiana Kendall as a beneficiary under a brotherhood policy issued to Mart Kendall, her deceased son, by said association. Being a fraternal benefit society, service of citation upon it is governed by section 17 of Act No. 256 of 1912, page 565.

The defendant association was cited through the secretary of state, and was given ten days to answer from the service of citation ; the delay not to exceed fifteen days.

The defendant, before making any appearance, excepted to the proceedings against it; first, for want of proper service of citation, also because it could not be cited through the secretary of state.

Section 17 of Act No. 256 of 1912 requires that service of all legal process on fraternal benefit societies be made through the secretary of state, and which says: “Provided, however, that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society.”

In this case the defendant association was required, if it did not comply with the demand of plaintiff, to file its answer thereto in ten days after service of citation, and without any reference being made therein to the provision of that section of the statute, which says that no service shall be valid or binding when the society is required thereunder to file its answer, pleading, or defense in less than thirty days from the “date of mailing of such service to such society.” The citation is therefore defective for want of legal delay given to defendant from service, as demanded by the statute, above referred to.

We shall not, however, dismiss the suit, but will remand the case for a new citation to be issued according to law. McAlpin, Receiver, v. Jones et al., 10 La. Ann. 552.

The citation being illegal, defendant is not properly in court; the judgment below maintaining the other exceptions must be set aside; all such, and other issues that may hereafter be presented, to remain in abeyance for future adjudication should this case return to this court for decision.

It is therefore ordered, adjudged, and decreed that the judgment appealed from be am nulled, avoided, and reversed; that this case be remanded below for the issuance of a new citation, according to law; cost of appeal to be paid by defendant, appellee. Act No. 229, of 1910. williams v. Nona Mills Co., 128 La. 811, 55 So. 414.
#### TRICHELL v. STOVALL DRILLING CO., Inc.

No. 4597.

Court of Appeal of Louisiana. Second Circuit.

Dec. 1, 1933.

Julius T. Long, of Shreveport, and Fink & Fink, of Monroe, for appellant.

Theus, Grisham, Davis & Leigh, of Monroe, for appellee.

DREW, Judge.

This is a suit under the Workmen's. Compensation Act of Louisiana (Act No.- 20 of 1914, as amended), wherein plaintiff is seeking to recover for total permanent disability, due to the loss of one eye and injury to the other eye. He alleged that the accident which ultimately caused the injury and loss of eye occurred on March 5, 1927, and that he was paid two weeks’ compensation for the two weeks immediately subsequent to the said accident, and discharged as well; that on August 25, 1931, he was informed by a physician that he had practically lost the sight of one eye, and that on June 10/ 1932, he completely lost the sight of said - eye; that the eye has not been injured since,the accident on March 5, 1927,'at which time 'he was in the employ of defendant company. ■

Defendant filed a plea of prescription ' of one year, which was sustained by the lower court, and plaintiff has prosecuted, this appeal. • *'J Jl'*

One-year prescription in compensation cases runs from occurrence of the accidéntj not from the time that employee became aware of injury resulting therefrom. Act No. 20 of 1914, § 31, as amended by Act No. 85 of 1926. Carroll v. International Paper Co., 175 La. 315, 143 So. 275; White v. La. Western R. Co., 174 La. 308, 140 So. 486.

This suit was filed July 31, 1932, more than five years after the accident alleged on. There had been no agreement to pay made between defendant and plaintiff, and compensation had only been paid for two weeks immediately subsequent to the accident.

The plea of prescription of one year was correctly sustained, and the judgment of the lower court is affirmed, with costs.
1

IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST

CIRCUIT

Appeal from District Court 240 CV. No. 14-DCV-213790

No. 01-15-00899 CV

RITA LEMONS, individually,

PLAINTIFF/ APPEALLANT

VS.

DON TRUSTCLAIRE, DON BLAKE, individually&

Dba(s), CARLOS PENA, Estate of LEROY LEMONS

BERTHUEL MARTINEZ, individually & dba, NOE GOMEZ AND LATECIA

GOMEZ

DEFENDANT/APPELLEE

On Appeal from the United States District Court, Southern District of Texas,

Richmond, Texas, Fort Bend County Division, Honorable Judge Pedro Ruiz

Order 06-02-2015, Judge Thomas Culver III. Order 06-05-2015, Larry Order 08-

26-2015, Wagenbach and Chad Bridges Order 09-24-2015 for civil No. 14-DCV

213790

APPELLANT'S MOTION FOR AN EXTENSION TO SUBMIT A SWORN

AFFIDAVIT REGARDING THE INCORRECT ENTRIES ON THE

TRANSCRIPT AND DOCKET SHEET

By: RITA LEMONS

16215 Diamond Ridge Dr.

Houston, Texas 77053

(281) 707-2732

jireh_consult@yahoo.com2

Appellant is requesting an extension to Submit Sworn Affidavit regarding

the Transcript and it’s many discrepancies. Appellant's request is

made because the transcripts from the Fort Bend County Clerk, Rodger

Adair doesn't reflect the correct and true statements of each hearing. The

transcript reflects hearings for April 28, 2015, May 19, 2015 and

conversation from January 21, 2015, and the transcripts entries are inter

tangle and mixed up together and not in accordance to the sequence and

events of the hearings. There is no transcript for the hearing on June

2, 2015, August 5, 2015, August 26, 2015, September 10, 2015,

September 24, 2015 and September 28, 2015.

CERTIFICATE OF SERVICE

Don TrustClaire, 12800 Dunlap Apt. 888 Houston, Texas 77085

Don Blake, individually& Dba(s) 16536 Boss Gaston Rd. Sugar Land, Texas

77498 Carlos Pena, 16208 Boss Gaston rd. Sugar Land, Texas 77498

Estate of LeRoy Lemons Berthel Martinez, individually & dba, 16526 Boss Gaston

Rd. Sugar Land, Texas 77498Noe Gomez, individually & dba(s), 16526 Boss

Gaston Rd. Sugar Land, Texas 77498 Latecia Gomez, individually& dba(s) 16526

Boss Gaston Rd. Sugar Land, Texas 77498

Respectfully Submitted,

S:/ RITA LEMONS

16215 Diamond Ridge Dr.

Houston, Texas 77053

(281) 707-27323

jireh_consult@yahoo.com
Exhibit 34.4

 

Report of Independent Registered Public Accounting Firm

 

The Board of Directors 

HSBC Electronic Data Processing (India) Private Limited:

 

We have examined management’s assessment, included in the accompanying “Report on Compliance With Applicable Servicing Criteria Pursuant To Item 1122 of Regulation AB Under the Securities Exchange Act of 1934” that HSBC Electronic Data Processing (India) Private Limited (the Company) complied with the servicing criteria set forth in Item 1122(d)(4)(viii)  of the Securities and Exchange Commission’s Regulation AB (Applicable Servicing Criteria)applicable to the servicing of asset backed securitization transactions secured by private label credit card receivables that are identified in management’s “Report on Compliance With Applicable Servicing Criteria Pursuant To Item 1122 of Regulation AB Under the Securities Exchange Act of 1934” (the Platform), as of and for the year ended December 31, 2008. Management has determined that all other criteria set forth inItem 1122(d) are not applicable to the Company's activities.Management is responsible for the Company’s compliance with the Applicable Servicing Criteria. Our responsibility is to express an opinion on management’s assessment about the Company’s compliance based on our examination.

 

Our examination was conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States)****and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the Applicable Servicing Criteria and performing such other procedures as we considered necessary in the circumstances.  Our examination included testing selected asset-backed transactions and securities that comprise the Platform, testing selected servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the Applicable Servicing Criteria.  Furthermore, our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report.  Ourprocedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Company’s compliance with the Applicable Servicing Criteria.

 

In our opinion, management’s assessment that the Company complied with the Applicable Servicing Criteria as of and for the year ended December 31, 2008 is fairly stated, in all material respects.

 

/s/ KPMG LLP

 

Chicago, Illinois

March 16, 2009
##### 



EXHIBIT 21

SUBSIDIARIES OF THE REGISTRANT

|                                |  |                        |  |                         |     |                 |  |               |  |                        |  | 
|------------------------------- |  | ---------------------- |  | ----------------------- | --- | --------------- |  | ------------- |  | ---------------------- |  | 
|                                |  |                        |  |                         |     |                 |  |               |  | State of Incorporation
|Parent                          |  | Subsidiary             |  | Percentage of Ownership |     | or Organization
|                                |  |                        |  |                         |     |                
|Monarch Community
Bancorp, Inc. |  | Monarch Community Bank |  |                         | 100 | %               |  | United States
<PAGE>
                                                                   EXHIBIT 10.40

                              SECOND AMENDMENT TO
                   CHAIRMAN AND FOUNDER EMPLOYMENT AGREEMENT


     This Second Amendment to Chairman and Founder Employment Agreement ("Second
Amendment") is effective as of March 29, 2000 by and between CALLAWAY GOLF
COMPANY, a Delaware corporation (the "Company") and ELY CALLAWAY ("Mr.
Callaway").

     A.   The Company and Mr. Callaway are parties to a certain Chairman and
Founder Employment Agreement entered into as of January 1, 1997 (the
"Agreement") and a First Amendment to Chairman and Founder Employment Agreement
effective December 31, 1999 (the "First Amendment").

     B.   The Company and Mr. Callaway are in negotiations regarding a new
employment agreement, and desire to keep the current Agreement in effect until
such time as a new employment agreement is finalized.

     C.   In light of the foregoing, the Company and Mr. Callaway desire to
amend the Agreement pursuant to Section 16 of the Agreement, in the manner set
forth herein.

     NOW, THEREFORE, in consideration of the foregoing and other consideration,
the value and sufficiency of which are hereby acknowledged, the Company and Mr.
Callaway hereby agree as follows:

     1.   Section 1 of the Agreement is hereby amended to read as follows:

          "TERM.  The Company hereby employs Mr. Callaway and Mr. Callaway
          ----
          hereby accepts employment pursuant to the terms and provisions of this
          Agreement for the term commencing January 1, 1997 and terminating June
          30, 2000, unless this Agreement is earlier terminated as hereinafter
          provided.  Unless such employment is earlier terminated, upon the
          expiration of the term of this Agreement, Mr. Callaway's status shall
          be one of at will employment."

     2.   But for the amendment contained herein, and any other written
amendments properly executed by the parties, the Agreement shall otherwise
remain unchanged.

          IN WITNESS WHEREOF, the Company and Mr. Callaway have caused this
Second Amendment to be executed effective as of the date set forth above.

MR. CALLAWAY                            COMPANY

                                        Callaway Golf Company,
                                        a Delaware corporation

/s/ Ely Callaway                        By: /s/ Charles J. Yash
-------------------------                   -------------------------
Ely Callaway                                Charles J. Yash, President


Dated:  March 29, 2000                  Dated:  March 29, 2000
| Skip to Content*Release Date: June 7, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.109 Commercial Banking1** |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF2002

In connection with the annual report of PrimusGuaranty, Ltd., a Bermuda company (the‘‘Company’’), on Form 10-K for the yearended December  31,  2005, as filed with the Securities andExchange Commission on the date hereof (the‘‘Report’’), I, Thomas W. Jasper, ChiefExecutive Officer of the Company, and I, Richard Claiden, ChiefFinancial Officer of the Company, each certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

|  |           |                                                                                                                                      |
|--|-----------|--------------------------------------------------------------------------------------------------------------------------------------|
|  | (1)  | to my knowledge, theReport 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 fairlypresents, in all material respects, the financial condition and resultsof operations of the Company. |

Date: March 15,2006

|        |  |                                       |  |  |  |  |
|--------|--|---------------------------------------|--|--|--|--|
|   |  | /s/ ThomasW.Jasper               |
|   |  | ThomasW. JasperChief ExecutiveOfficer |
|   |  | /s/ RichardClaiden               |
|   |  | RichardClaidenChief FinancialOfficer  |
|        |

----
#### Joseph E. HOWELL et al., Appellants, v. B. A. FRANKLIN, as Executor of the Last Will and Testament of William E. Franklin, Deceased, Appellee.

Supreme Court of Florida.

Jan. Term, 1936.

John C. Blocker, of St, Petersburg, for appellants.

William G. King and Merle E. Rudy, both of St. Petersburg, for appellee.

PER CURIAM.

Appeal dismissed on motion of counsel for the respective parties.
II 

110TH CONGRESS 

1ST SESSION S. 1435 

To amend the Energy Policy and Conservation Act to increase the capacity 

of the Strategic Petroleum Reserve, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2007 

Mr. COCHRAN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Policy and Conservation Act to increase the capacity of the Strategic Petroleum Reserve, 

and for other purposes. 

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

3 SECTION 1. INCREASE IN CAPACITY OF STRATEGIC PETRO4 LEUM RESERVE. 

5 (a) STRATEGIC PETROLEUM RESERVE.— 

6 (1) POLICY.—Section 151(b) of the Energy 

7 Policy and Conservation Act (42 U.S.C. 6231(b)) is 

8 amended by striking ‘‘1 billion’’ and inserting 

9 ‘‘1,500,000,000’’. 

mstockstill on PROD1PC66 with BILLS

2 

•S 1435 IS

1 (2) CREATION.—Section 154(a) of the Energy 

2 Policy and Conservation Act (42 U.S.C. 6234(a)) is 

3 amended by striking ‘‘1 billion’’ and inserting 

4 ‘‘1,500,000,000’’. 

5 (b) FILLING STRATEGIC PETROLEUM RESERVE TO

6 CAPACITY.—Section 301(e) of the Energy Policy Act of 

7 2005 (42 U.S.C. 6240 note; Public Law 109–58) is 

8 amended by striking ‘‘1,000,000,000-barrel’’ and inserting 

9 ‘‘1,500,000,000-barrel’’. 

Æ 

mstockstill on PROD1PC66 with BILLS
Order entered September 20 , 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 00882
- CV
IN RE TEXAS DEPARTME NT OF PUBLIC SAFETY, Relator On Appeal from the County Court at Law No. 1

Grayson County, Texas Trial Court Cause No. 2 013
- 1
- 0007



### O RDER The Court has before it real party in interest’s September 13, 2013 motion to extend time to file motion for rehearing. The Court GRANTS the motion and ORDERS real party in interest to file any motion for rehearing by October 20, 2013.

/s/ DAVID LEWIS JUSTICE
Case 1:11-cv-02692-LTB Document 3 Filed 10/24/11 USDC Colorado Page 1 of 3
Case 1:11-cv-02692-LTB Document 3 Filed 10/24/11 USDC Colorado Page 2 of 3
Case 1:11-cv-02692-LTB Document 3 Filed 10/24/11 USDC Colorado Page 3 of 3
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 September 27, 2009 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 that to my knowledge:



| | (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: November 12, 2009



|                                     
|-------------------------------------
|                                     
|/s/ Peter Beaudrault                 
|Peter Beaudrault                     
|Chairman of the Board of Directors,  
|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.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE COMPANY'S
FINANCIAL STATEMENT INCLUDED IN THIS QUARTERLY REPORT ON FORM 10-Q, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         649,000
<SECURITIES>                                         0
<RECEIVABLES>                                5,069,000
<ALLOWANCES>                                 1,200,000
<INVENTORY>                                  1,799,000
<CURRENT-ASSETS>                             7,369,000
<PP&E>                                       4,989,000
<DEPRECIATION>                                 750,000
<TOTAL-ASSETS>                              27,858,000
<CURRENT-LIABILITIES>                       14,546,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       108,000
<OTHER-SE>                                  11,451,000
<TOTAL-LIABILITY-AND-EQUITY>                27,858,000
<SALES>                                     14,518,000
<TOTAL-REVENUES>                            14,518,000
<CGS>                                       13,711,000
<TOTAL-COSTS>                               16,648,000
<OTHER-EXPENSES>                               (2,130)
<LOSS-PROVISION>                           (1,472,000)
<INTEREST-EXPENSE>                             302,000
<INCOME-PRETAX>                            (2,428,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,428,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,428,000)
<EPS-BASIC>                                     (0.23)
<EPS-DILUTED>                                   (0.23)


</TABLE>
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 Defense

###### Office of the Secretary 

          - [Transmittal Nos. 08-96] 

# AGENCY:

Department of Defense, Defense Security Cooperation Agency. 

# ACTION:

Notice. 

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. 

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740. 

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-96 with attached transmittal, policy justification, Sensitivity of Technology, and Section 620C(d). 

Dated: October 7, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, Department of Defense. 

      ( print page 61791)          ( print page 61792)          ( print page 61793)          ( print page 61794)          ( print page 61795)    

BILLING CODE 5001-06-M 

[FR Doc. E8-24431 Filed 10-16-08; 8:45 am] 

BILLING CODE 5001-06-C