alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dan E. Kennedy v. Clark & Tankersley.

(No. 1462, Op. Book No. 2, p. 753.)

Appeal from Harris County.

Opinion by

White, P. J.

§ 843. *Agents commissions for sale of property; token he is entitled to.*Appellees brought this suit to recover of appellant $1,000, as commissions for services rendered by them as agents of appellant to sell certain real estate. There was a conflict of evidence on the trial as to the contract between the parties, but plaintiffs’ evidence proved that they were to receive $1,000 if they found a purchaser of the property at the price asked; that they found a purchaser who was ready, able and willing to make the purchase, and who would have purchased, but that appellant refused to make the sale. Appellees recovered judgment for the full amount of their demand. *Held:*4 4 Where an agent undertakes to sell property for a specified sum, if he finds a person ready and willing to purchase at the price named, and on the terms specified, he has earned his commission. All he can do is to bring the minds of vendor and vendee to an agreement. He has no power to execute a contract, pay money, or convey the land, nor can he compel either party to perform. The refusal of his employer to complete the bargain cannot affect his right to commissions. ” Again it is said: 4 4 The purchaser found must be ready, willing and in a condi*484tion to pay the purchase price on terms named, and then his commission is due. The agent- must be the efficient cause in procuring such sale, and where he is employed to make a sale at a jirice satisfactory to the seller, he has earned his commission when he produces a man ready and willing to purchase at a satisfactory price. The principal cannot, by refusal to complete the sale, or by voluntary acts disabling himself from performance, defeat the agent’s rights to commissions. When an agent has effected a bargain and sale, by a contract that is mutually binding on vendor and vendee, he has earned his commission, whether his principal chooses to enforce such contract or not. The agent’s duties are not discharged until such contract is effected; and this is accomplished when he has produced a man who is ready, willing and able to purchase, at the price and on the conditions 'specified, and any failure on the part of the principal to enter into or enforce a binding contract will not affect his right to commissions.” [Gent. Law Journal, vol. 14, pp. 204, 205, and authorities there cited.] There was evidence sufficient to sustain the judgment.

February 24, 1883.

Affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOSEPH DERHAMMER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 417 MAL 2016

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 27th day of December, 2016, the Petition for Allowance of

Appeal is GRANTED . The issue, as stated by Petitioner, is:

Whether the Superior Court erred when it upheld Petitioner’s conviction

pursuant to a statute declared unconstitutional by this Honorable Court in

Commonwealth v. Neiman ?
#### W. P. Martin v. Hartwell & Chambers.

(No. 60, Op. Book No. 1, p. 158.)

Appeal from Gregg County.

November 13, 1876.

Opinion by

White, J.

§ 491. *Appeal bond; misdescription of amount of judgment.*The judgment was for $321.18. The appeal bond described it as a judgment for $296.12. *Held,*that this was a fatal misdescription.

§ 492. *New appeal bond only allowed when.*Appellant tendered a new appeal bond, correctly describing the judgment. *Held:*“The cases in which new appeal bonds have been allowed to be given have not extended further than to cure defects for insufficiency in the amount of the bond, or to permit the addition of another security, where but one had signed.” [King v. Hopkins, 42 Tex. 48; Shelton v. Wade, 4 Tex. 148; Berry v. Martin, 6 Tex. 264; Hollis v. Border, 10 Tex. 277; Scranton v. Bell, 35 Tex. 413.]

§ 493. *Dismissal of appeal does not prejudice right to writ of error.*The dismissal of the appeal because of the defective appeal bond does not prejudice the right of appellant to sue out a writ of error in the case.

Appeal dismissed.
#### I. & *G.*N. R. R. Co. v. Isaiah Johnson.

(No. 2535, Op. Book No. 4.)

Appeal from Travis County.

Opinion by

Hurt, J.

§ 354. *Ticket agent; acts of, binding upon railroad, when.*Johnson having a brother in Alabama whom he *151desired to have with him in Travis county, Texas, called upon Lawless, the railroad ticket agent at Austin, who told him that an emigrant ticket from Stevenson, in Alabama, to Austin, was $25.55, and that he could pay it to Friar, ticket agent at Manchac station; and when the money was sent to him, Lawless, he would have a ticket delivered by the company’s agent at Stevenson to appellant’s brother. Johnson paid the money to Friar, taking his receipt. Friar absconded without delivering the money to Lawless or the company, and no ticket was ever purchased for Johnson’s brother. Upon demand by Johnson, and refusal of company to refund, Johnson sued in justice’s court for his $25.55, and for damages to the amount of $174.10. He recovered judgment for $175.55, and the company appealed to county court, where Johnson recovered judgment *for*$27.50, as well as costs of both courts. From this judgment the company appeals. Held, that the railroad company was liable, and especially in view of the further fact, proven on the trial, that such tickets had been furnished under the same circumstances by the railroad agents before.

June 13, 1883.

§ 355. *Costs on appeal from justice to county court.*Where the judgment in the county court on appeal is for a less sum than was obtained by the justice’s judgment, the costs of appeal in county court should be adjudged against appellee in that court. [Eev. Stats, art. 1432.]

§ 356. *Counter errors assigned by appellee in this court.*Not having made an assignment of errors in the court below, appellee cannot be allowed to do so in this court, and the points urged by him for a reversal, predicated upon errors assigned for the first time in this court, will not he noticed. [Eule 28, Eules for Supreme Court.]

Eeversed and rendered.
EX-35.6


(logo) WELLS FARGO

Wells Fargo Bank, Na
CMBS Department
MAC N9401-011
1055 10th Avenue S.e.
Minneapolis, MN  55414


Deutsche Mortgage & Asset Receiving Corporation
60 Wall Street
New York, NY 10005


RE:  Annual Statement of Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as
Custodian (in such capacity, "Wells Fargo"), hereby certifies as follows as of
and for the year ending December 31, 2012 (the "reporting period"):

(a) A review of Wells Fargo's activities during the reporting period and of its
performance under the applicable servicing agreement(s) listed on Schedule A
hereto (the "Servicing Agreement(s)") has been made under my supervision; and

(b) To the best of my knowledge, based on such review, Wells Fargo has
fulfilled all of its obligations under the Servicing Agreement(s) in all
material respects throughout the reporting period, except as noted on Schedule
B.

August 21, 2013

/s/Kathleen Marshall
Kathleen Marshall
Vice President


(page)


To: Deutsche Mortgage & Asset Receiving Corporation

Schedule A


List of Servicing Agreement(s) and Series


1. Pooling and Servicing Agreement dated as of August 1, 2011 by and among
DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION, as Depositor, WELLS FARGO
BANK, NATIONAL ASSOCIATION, as Master Servicer, MIDLAND LOAN SERVICES, A
DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as Pooled Special Servicer, WELLS
FARGO BANK, NATIONAL ASSOCIATION, as Providence Place Mall Loan Special
Servicer, and U.S. BANK, NATIONAL ASSOCIATION, as Trustee, and TRIMONT REAL
ESTATE ADVISORS, INC., Operating Advisor and Wells Fargo Bank, N.A. as
Certificate Administrator, Paying Agent and Custodian relating to the Series
DBUBS 2011-LC3 Commercial Mortgage Pass-Through Certificates


(page)


To: Deutsche Mortgage & Asset Receiving Corporation

Schedule B

Material Non-Compliance with Servicing Obligations

Not Applicable
EXHIBIT
32





Certifications
of Chief Executive Officer and Chief Financial Officer Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002


(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)





Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code), each of the
undersigned officers of Kings Road Entertainment, Inc., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge,
that:





The
Company’s Report on Form 10-Q for the fiscal quarter ended January 31, 2009 (the
"Form 10-Q") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and the information contained in the Form
10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.





A signed
original of this written statement required by Section 906 will be retained by
Kings Road Entertainment, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.




Dated:
March 17, 2009







/s/ Philip
Holmes


Philip
Holmes


Chief
Executive Officer










/s/ Robert
Kainz


Robert
Kainz


Chief
Financial Officer
II 

113TH CONGRESS 

1ST SESSION S. 38 

To amend title 28, United States Code, to prohibit the exclusion of individuals 

from service on a Federal jury on account of sexual orientation or 

gender identity. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Mrs. SHAHEEN (for herself, Mr. WHITEHOUSE, and Ms. COLLINS) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on 

account of sexual orientation or gender identity. 

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 ‘‘Jury Access for Capa5 ble Citizens and Equality in Service Selection Act of 

6 2013’’ or the ‘‘Jury ACCESS Act’’. 


srobinson on DSK4SPTVN1PROD with 
2 

•S 38 IS

1 SEC. 2. EXCLUSION FROM FEDERAL JURIES ON ACCOUNT 

2 OF SEXUAL ORIENTATION OR GENDER IDEN3 TITY PROHIBITED. 

4 Section 1862 of title 28, United States Code, is 

5 amended by inserting ‘‘sexual orientation, gender iden6 tity,’’ after ‘‘sex,’’. 

Æ 


srobinson on DSK4SPTVN1PROD with
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-2023

RITA NADINE RUBENDALL,

Plaintiff - Appellant,

versus

TOMMY G. THOMPSON, Secretary, Department of

Health and Human Services,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA04-2554-8-PJM)

Submitted: February 3, 2006 Decided: February 16, 2006

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rita Nadine Rubendall, Appellant Pro Se. Neil Ray White, OFFICE OF

THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Rita Nadine Rubendall appeals the district court’s order

granting summary judgment in favor of her employer in her civil

action alleging claims of employment discrimination under Title VII

of the Civil Rights Act of 1964. We have reviewed the record and

find no reversible error. Accordingly, we affirm on the reasoning

of the district court. See Rubendall v. Thompson, No. CA-04-2554-

8-PJM (D. Md. Aug. 11, 2005). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED
<Page>

                                                                          [LOGO]

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the use in this Post-Effective Amendment No. 13 to the
registration statement on Form N-4 (No. 033-73986) (the "Registration
Statement") of our report dated February 13, 2003, relating to the financial
statements of Fortis Benefits Insurance Company, which appears in such
Registration Statement. We also consent to the reference to us under the heading
"Independent Accountants" in such Registration Statement.

PRICEWATERHOUSECOOPERS LLP
Minneapolis, Minnesota
December 4, 2003
<Page>

INDEPENDENT AUDITORS' CONSENT

We consent to the use in this Post-Effective Amendment No. 25 to Registration
Statement No. 33-73568 of Hartford Life and Annuity Insurance Company Separate
Account One on Form N-4, of our report dated March 26, 2003 of Hartford Life and
Annuity Insurance Company relating to the statutory financial statements as of
and for the year ended December 31, 2002, and of our report dated February 21,
2003 of Hartford Life and Annuity Insurance Company Separate Account One
relating to the financial statements as of and for the year ended December 31,
2002, appearing in the Statement of Additional Information, which is a part of
such Registration Statement, and to the reference to us under the headings
"Experts" in such Statement of Additional Information.


Deloitte & Touche LLP
Hartford, Connecticut
December 4, 2003
```

[Congressional Record Volume 141, Number 85 (Monday, May 22, 1995)]
[Senate]
[Page S7131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    AUTHORITY FOR COMMITTEES TO MEET

                   committee on governmental affairs

  Mr. EXON. Mr. President, I ask unanimous consent on behalf of the 
Governmental Affairs Committee to meet on Monday, May 22 at 1 p.m. for 
a nominations hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.

             subcommtitee on post office and civil service

  Mr. EXON. Mr. President, I ask unanimous consent that the 
Subcommittee on Post Office and Civil Service, Committee on 
Governmental Affairs, be authorized to meet during the session of the 
Senate on Monday, May 22, 1995, to review Federal Pension Reform.
  The PRESIDING OFFICER. Without objection, it is so ordered.

       subcommittee on western hemisphere and peace corps affairs

  Mr. EXON. Mr. President, I ask unanimous consent that the 
Subcommittee on Western Hemisphere and Peace Corps Affairs of the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Monday, May 22, 1995, at 2 p.m. to hear testimony on 
the Cuban Liberty and Democratic Solidarity Act.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  

                          ____________________
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM RCPI TRUST'S
BALANCE SHEET AS OF MARCH 31, 1997 AND RCPI TRUST'S STATEMENT OF OPERATIONS FOR
THE QUARTER ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-30-1998
<CASH>                                          37,565
<SECURITIES>                                         0
<RECEIVABLES>                                    5,254
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                90,837
<PP&E>                                         818,295
<DEPRECIATION>                                  29,118
<TOTAL-ASSETS>                                 922,833
<CURRENT-LIABILITIES>                           35,927
<BONDS>                                        595,304
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     291,603
<TOTAL-LIABILITY-AND-EQUITY>                   922,833
<SALES>                                              0
<TOTAL-REVENUES>                                50,841
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                30,942
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,423
<INCOME-PRETAX>                                  4,476
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              4,476
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,476
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<Page>

INDEPENDENT AUDITORS' CONSENT

We consent to the use in this Post-Effective Amendment No. 5 to Registration
Statement No. 333-36136 of Hartford Life Insurance Company Separate Account
Two on Form N-4, of our report dated February 19, 2003 of Hartford Life
Insurance Company relating to the financial statements as of and for the
years ended December 31, 2002, 2001 and 2000, and of our report dated
February 21, 2003 of Hartford Life Insurance Company Separate Account Two
relating to the financial statements as of and for the year ended December
31, 2002, appearing in the Statement of Additional Information, which is a
part of such Registration Statement, and to the reference to us under the
headings "Experts" in such Statement of Additional Information.

Deloitte & Touche LLP
Hartford, Connecticut
December 4, 2003
```

[Congressional Record Volume 141, Number 82 (Wednesday, May 17, 1995)]
[House]
[Page H5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Ohio [Mr. Chabot] 
come forward and lead the House in the Pledge of Allegiance.
  Mr. CHABOT led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United 
     States of America, and to the Republic for which it stands, 
     one nation under God, indivisible, with liberty and justice 
     for all.

                          ____________________
```
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                              The Schedule contains summary financial
                              information extracted from the financial
                              statements for Cambridge Advantaged
                              Properties II L.P. and is qualified in
                              its entirety by reference to such
                              financial statements
</LEGEND>
<CIK>                         000771996
<NAME>                        Cambridge Advantaged Properties II L.P.
<MULTIPLIER>                                   1
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              MAR-25-1997    
<PERIOD-START>                                 MAR-26-1996    
<PERIOD-END>                                   SEP-25-1996
<CASH>                                         1,201,963   
<SECURITIES>                                   0           
<RECEIVABLES>                                  0           
<ALLOWANCES>                                   0           
<INVENTORY>                                    0           
<CURRENT-ASSETS>                               5,552,685   
<PP&E>                                         118,798,514 
<DEPRECIATION>                                 41,447,070  
<TOTAL-ASSETS>                                 84,106,092  
<CURRENT-LIABILITIES>                          13,449,252  
<BONDS>                                        98,725,342  
<PREFERRED-MANDATORY>                          0           
<PREFERRED>                                    0           
<COMMON>                                       0           
<OTHER-SE>                                     (28,068,502)
<TOTAL-LIABILITY-AND-EQUITY>                   84,106,092  
<SALES>                                        0           
<TOTAL-REVENUES>                               14,850,482  
<CGS>                                          0           
<TOTAL-COSTS>                                  0           
<OTHER-EXPENSES>                               7,827,330   
<LOSS-PROVISION>                               0           
<INTEREST-EXPENSE>                             4,373,038   
<INCOME-PRETAX>                                2,650,114   
<INCOME-TAX>                                   0           
<INCOME-CONTINUING>                            0           
<DISCONTINUED>                                 0           
<EXTRAORDINARY>                                4,520,280   
<CHANGES>                                      0           
<NET-INCOME>                                   7,134,382   
<EPS-PRIMARY>                                  988         
<EPS-DILUTED>                                  0           
                                               


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          61,549
<SECURITIES>                                    48,584
<RECEIVABLES>                                  335,877
<ALLOWANCES>                                     2,156
<INVENTORY>                                          0
<CURRENT-ASSETS>                               499,402
<PP&E>                                         313,432
<DEPRECIATION>                                  91,738
<TOTAL-ASSETS>                               1,066,820
<CURRENT-LIABILITIES>                          307,047
<BONDS>                                        187,908
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,054      
<OTHER-SE>                                     539,048
<TOTAL-LIABILITY-AND-EQUITY>                 1,066,820
<SALES>                                              0
<TOTAL-REVENUES>                               309,068
<CGS>                                                0
<TOTAL-COSTS>                                  278,097
<OTHER-EXPENSES>                                (7,989)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,811
<INCOME-PRETAX>                                 30,149
<INCOME-TAX>                                    11,277
<INCOME-CONTINUING>                             18,872
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    18,872
<EPS-PRIMARY>                                     0.19
<EPS-DILUTED>                                     0.17
        

</TABLE>