alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### J. W. Cooper v. Caleb and John Bumpass.

(No. —, Op. Book No. 1, p. 171.)

Opinion by

Ector, P. J.

. § 498. *Consideration of written contract may be proved by parol evidence.*It is well settled law that the consideration of a contract, although the contract be in writing, may be proved by parol evidence, when the consideration is not particularly expressed in the writing. [Wheeler v. Friend, 22 Tex. 683; Stramler v. Cox, 15 Tex. 211; 15 Mass. 85; 1 Penn. 486; 4 Yates, 25; 3 Vt. 448; 1 Dev. & Bat. 452.]

*247November 20, 1876.

§ 499. *Sale of personal property; when incomplete; property must be in esse.*The question in this, case was as to the ownership of certain lumber. Appellants claimed the lumber under a written contract, which was executed *before*the lumber was sawed, the vendor undertaking to saw and deliver the lumber to them at a certain place. Appellants sued their vendor for the lumber, and obtained a sequestration which they had levied upon the lumber in controversy, which was found in the possession of appellees, who claimed thé same under oath as their property, and gave bond for the trial of the right thereto, and upon the trial recovered judgment establishing their claim to the same. *Held,*the title to the lumber did not pass to and vest in appellants under the contract. No sale is complete so as to vest in the vendee an immediate right of property, so long as anything remains to be done between the buyer and seller in relation to the property. The property sold must be separated and identified by marks and numbers, so as to completely distinguish it from all other property or from the bulk or mass with which it happens to be mixed. [Cleveland v. Williams, 29 Tex. 204; Story on Sales, § 296; 2 Kent Com. 675.] In this case the lumber had to be sawed before it became deliverable to the vendee, and the contract wanted that necessary ingredient in a sale — a subject matter *in esse.*The lumber having been found in possession of appellees, the burden of proof was upon appellants to show a better right to it, which they failed to do.

Affirmed.
759 A.2d 911

#### Rosemary KOPCHA, Petitioner, v. Nicholas D. SALLADINO and Scaramuzza’s Pasta, Respondents.

Supreme Court of Pennsylvania.

Aug. 30, 2000.

*ORDER*

PER CURIAM:

AND NOW, this 30th day of AUGUST, 2000, the Petition for Allowance of Appeal and the Petition to File an Amended and/or Supplemental Petition for Allowance of Appeal are GRANTED, limited to the following two issues:

> 1. ) Whether the Superior Court erred in finding Petitioner’s claim of judicial abandonment waived, especially in light of *DiMonte v. Neumann Medical Center,*751 A.2d 205 (Pa.Super.2000); and

> 2. ) Whether judicial abandonment warranting the grant of a new trial occurred during the trial in the instant case.

It is further ordered that the Petition to File an Amended and/or Supplemental Petition for Allowance of Appeal shall be considered an amendment to the original Petition for Allowance of Appeal, and that no further amendments or supplements to the Petition for Allowance of Appeal will be accepted.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF RENAL CARE GROUP, INC. FOR THE SIX MONTHS
ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          21,758
<SECURITIES>                                         0
<RECEIVABLES>                                   94,622
<ALLOWANCES>                                         0
<INVENTORY>                                      9,664
<CURRENT-ASSETS>                               142,362
<PP&E>                                         111,273
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 474,659
<CURRENT-LIABILITIES>                           72,894
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           445
<OTHER-SE>                                     272,993
<TOTAL-LIABILITY-AND-EQUITY>                   474,659
<SALES>                                              0
<TOTAL-REVENUES>                               249,357
<CGS>                                                0
<TOTAL-COSTS>                                  161,281
<OTHER-EXPENSES>                                43,372
<LOSS-PROVISION>                                 6,626
<INTEREST-EXPENSE>                               2,693
<INCOME-PRETAX>                                 35,385
<INCOME-TAX>                                    14,382
<INCOME-CONTINUING>                             21,003
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,003
<EPS-BASIC>                                       0.47
<EPS-DILUTED>                                     0.45


</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 118 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 118

To amend part D of title XVIII of the Social Security Act to authorize 
the Secretary of Health and Human Services to negotiate prices for part 
              D covered drugs for Medicare beneficiaries.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

Mrs. Jo Ann Davis of Virginia introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend part D of title XVIII of the Social Security Act to authorize 
the Secretary of Health and Human Services to negotiate prices for part 
              D covered drugs for Medicare beneficiaries.

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

SECTION 1. AUTHORITY TO NEGOTIATE MEDICARE PART D DRUG PRICES.

    Subsection (i) of section 1860D-11 of the Social Security Act (42 
U.S.C. 1395w-111) is amended to read as follows:
    ``(i) Negotiation Authority.--The Secretary is authorized to 
negotiate with drug manufacturers and pharmacies prices charged to PDP 
sponsors and MA organizations for covered part D drugs provided under 
this title.''.
                                 <all>
```
#### COMMUNICATION WORKERS OF AMERICA, LOCAL 1087 v. MONMOUTH COUNTY BOARD OF SOCIAL SERVICES.

January 17, 1984.

Petition for certification granted.
583 A.2d 307

#### JAMES J. DEVINS v. BOROUGH OF BOGOTA.

January 23, 1990.

Petition for certification granted. (See 237 *N.J.Super.*596, 568 A.2d 903)
```

[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Extensions of Remarks]
[Page E973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          TRIBUTE TO GREG STEEL

                                 ______

                          HON. GARY A. CONDIT

                             of california

                    in the house of representatives

                          Tuesday, May 9, 1995
  Mr. CONDIT. Mr. Speaker, I rise today to recognize and congratulate 
Mr. Greg Steel on the completion of 21 years of dedicated service to 
the Stanislaus Area Association of Governments, the last 5 of which he 
spent as executive director.
  Among his many accomplishments, Greg was most instrumental in 
preparing the air quality maintenance plan which was adopted by the 
local governments and the California Resources Board, and approved by 
the U.S. Environmental Protection Agency. Greg also prepared the 
nonattainment plan for Stanislaus County, of which the applicable 
portions were adopted by the county and the nine surrounding cities 
which make up the Association. This plan included a commitment from 
each of the jurisdictions to implement control measures, for the 
purposes of improving air quality.
  Mr. Speaker, on July 28, 1995, the Stanislaus Area Association of 
Governments will formally recognize Greg Steel for his many years of 
dedicated service.
  On behalf of the 18th Congressional District of California, I would 
like to extend to Greg my best wishes for continued success and for 
many years of personal happiness.

                          ____________________
```
News United States Air Force
 KC-46 completes required flight testsPublished July 18, 2016
                        
                        By 88th Air Base Wing Public Affairs
                **WRIGHT-PATTERSON AIR FORCE BASE, Ohio (AFNS)  --**
                The KC-46 Pegasus program completed all flight tests required for the Milestone C production decision July 15 by offloading 1,500 pounds of fuel to an A-10 Thunderbolt II.The successful A-10 mission was the last of six in-flight refueling demonstrations required before the tanker program can request approval from Frank Kendall, the under secretary of defense for acquisition, technology and logistics, to award production Lots 1 and 2, totaling 19 KC-46A aircraft.“It is great to see the KC-46 boom back in action and the program moving forward to a production decision” said Col. John Newberry, the KC-46 system program manager.The other five required air refueling demonstrations were with the C-17 Globemaster III and F-16 Fighting Falcon using the air refueling boom, the Navy’s F-18 Hornet and AV-8B Harrier II using the centerline and wing drogue systems, and the KC-46 as a receiver aircraft."Today's flight marks the final step we needed to see on the boom fix in order to request production go-ahead,” said Brig. Gen. Duke Richardson, the Air Force program executive officer for tankers. “Our joint team's tireless efforts are paying off, preparing us for the next step of this critical need to our warfighter."This test would not have been possible without contributions from the 412th Test Wing, 23rd Fighter Wing, 355th FW, 124th FW, 896th Test Support Squadron and 40th Flight Test Squadron, which all provided aircraft, manpower and equipment.The Milestone C decision to begin low-rate initial production is expected in August.A-10 



KC-46 



AFMC 



refuel
583 A.2d 299

#### STATE OF NEW JERSEY v. ANTHONY WOODS.

January 10, 1990.

Petition for certification denied.
#### John T. Rives v. T. Habermacher.

(No. 823, Op. Book No. 2, p. 259.)

Appeal from Wharton County.

Opinion by

Clark, J.

§ 747. *Sworn account under act of 187might be rebutted by defendant without affidavit; rule is now different.*The act of April 2, 1874 [Laws 1874, chap. 43, p. 52], which was in force at the time of this trial, did not preclude a defendant in a suit upon a sworn account from rebutting the *prima facie*case made by the introduction in evidence of the account, even though he had failed-to deny its justness under oath. The effect of the statute was simply to relieve the plaintiff from proving his account by oral testimony, deposition or some other method, unless its justice was denied, in which event its *prima facie*character was destroyed, and the plaintiff was remitted to his proof, as before the passage of the act. The rules of pleading or evidence were not affected by the act. [English v. Miltenberger, 51 Tex. 296.] Note. — The rule is now different [R. S. 2266], and such evidence would not be admitted without an affidavit by defendant in accordance with the article just cited.

§ 748. *Payments; application of; plea in relation to.*A debtor who seeks to avail himself of any direction given by him to his creditor, as to the application of pay*411ments made upon his indebtedness, should aver with distinctness his election at the time of payment as to which of several debts held by the creditor he desired the payment to be applied; and in the absence of a proper plea, he should not be permitted to make proof of any such election and direction as to application of the payment made, if such proof be objected to.

March 20, 1880.

Reversed and remanded.
583 A.2d 308

#### STATE OF NEW JERSEY v. VINCENT DEMARCO.

January 23, 1990.

Petition for certification denied.
110TH CONGRESS 

1ST SESSION H. R. 1138

AN ACT

To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth 

City, North Carolina, as the ‘‘J. Herbert W. Small Federal Building and United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1138 EH

1 SECTION 1. DESIGNATION. 

2 The Federal building and United States courthouse 

3 located at 306 East Main Street in Elizabeth City, North 

4 Carolina, shall be known and designated as the ‘‘J. Her5 bert W. Small Federal Building and United States Court6 house’’. 

7 SEC. 2. REFERENCES. 

8 Any reference in a law, map, regulation, document, 

9 paper, or other record of the United States to the Federal 

10 building and United States courthouse referred to in sec11 tion 1 shall be deemed to be a reference to the ‘‘J. Herbert 

12 W. Small Federal Building and United States Court13 house’’. 

Passed the House of Representatives March 26, 

2007. 

Attest:

Clerk. 

110TH CONGRESS 

1ST SESSION H. R. 1138

AN ACT

To designate the Federal building and United 

United States Courthouse’’.‘‘J. Herbert W. Small Federal Building and Street in Elizabeth City, North Carolina, as the States courthouse located at 306 East Main
News United States Air Force
 LA Air Guard deploys to Bulgaria for NATO training exercisePublished April 27, 2015
                        
                        By Master Sgt. Toby Valadie
                        
                        
                        Louisiana Army and Air National Guard
                **PLOVDIV, Bulgaria (AFNS) --**
                The Louisiana Air National Guard's 159th Fighter Wing from Naval Air Station-Joint Reserve Base New Orleans, is participating in a bilateral flying training deployment with the Bulgarian Air Force at Graf Ignatievo Air Base, Bulgaria, April 16-May 5.
Approximately 150 Airmen from the 159th FW, with other U.S. Air Force assets, are participating in Thracian Eagle 2015 to increase joint readiness and build interoperability with the Bulgarian forces.
Lt. Col. Matt Rippen, the 159th Operations Group commander, said the strengthened relationships and engagements with allies would demonstrate the U.S. and NATO's shared commitment to a peaceful, stable and secure Europe.
"We are here to demonstrate our commitment and resolve to our NATO allies," Rippen said. "Conducting these bilateral training events helps us strengthen our relationships and improve capabilities.
"The efforts of the 159th Fighter Wing bring the vital contributions of the Air National Guard to enable the Air Force to maintain our global presence and forward presence in Eastern Europe," Rippen continued.
The training missions include U.S. Air Force F-15C/D Eagles, Bulgarian MiG-29 fighters, Su-25 ground-support aircraft and anti-aircraft missile complexes. During the missions, pilots will train on air-to-air fighting and on the Balkan country's anti-aircraft missile defense infrastructure.
"We are going to fly and work together to exchange experience and improve interoperability between our two countries," said Bulgarian Brig. Gen. Ivan Lalov, the Graf Ignatievo AB commander. "It is very important to understand each other's techniques, tactics and procedures."USAFE 



Louisiana Air National Guard 



ANG 



F-15 Eagle 



F-15 



NATO 



Bulgaria Related Links
        F-15 Eagle
                                March 14, 2005
                                The F-15 Eagle is an all-weather, extremely maneuverable, tactical fighter designed to permit the Air Force to gain and maintain air supremacy over the battlefield.
<PAGE>

                                                                 EXHIBIT (10)(b)

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the references made to our firm under the captions "Accounting and
Auditing Experts" and "Financial Statements" and to the use of our reports as
follows: our report dated February 5, 2002 (except for footnote 1, as to which
the date is December 31, 2002) with respect to the restated 2001 consolidated
financial statements of American General Life Insurance Company; our report
dated February 1, 2002 (except for footnote 14, as to which the date is December
31, 2002), with respect to the 2001 consolidated financial statements of
American General Life Insurance Company; our report dated February 5, 2002
(except for footnote 12, as to which the date is December 20, 2002), with
respect to the financial statements of The American Franklin Life Insurance
Company; our report dated February 5, 2002 (except for footnote 14, as to which
the date is December 20, 2002), with respect to the consolidated financial
statements of The Franklin Life Insurance Company; our report dated May 3, 2002
(except for footnote 15, as to which the date is December 20, 2002), with
respect to the statutory-basis financial statements of All American Life
Insurance Company; and our report dated March 7, 2002 with respect to the 2001
financial statements of American General Life Insurance Company Separate Account
D; all included in this Post-Effective Amendment No. 8 to the Registration
Statement (Form N-4, Nos. 333-40637 and 811-02441) to be filed by the
Registrant, American General Life Insurance Company Separate Account D.

                                                /s/  ERNST & YOUNG LLP
                                                ----------------------

Houston, Texas
December 16, 2003
580 A.2d 270

#### IN THE MATTER OF IVAN V. WHITE, JR., AN ATTORNEY AT LAW.

October 11, 1990.

ORDER

IVAN V. WHITE, JR. of WILLMINGTON, NORTH CAROLINA, who was admitted to the bar of this State in 1971, having tendered his consent to disbarment as an attorney at law of the State of New Jersey, and good cause appearing;

It is ORDERED that IVAN V. WHITE, JR., is disbarred by consent, effective immediately; and it is further

ORDERED that respondent’s name be stricken from the roll of attorneys and that he be permanently restrained and enjoined from practicing law; and it is further

ORDERED that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with disbarred attorneys.
<PAGE>

                                                                     Exhibit 4.1

                   [Letterhead of Gottbetter & Partners, LLP]

December 10,  2003

Mr. Martin Nielson
Hy-Tech Technology Group, Inc.
1840 Boy Scout Drive
Fort Myers, FL 33907

      Re:   Modified Retainer Agreement

Dear Mr. McNear:

      Please accept this letter as confirmation that Hy-Tech Technology Group,
Inc. (the "Company"), has agreed to modify the retainer agreement dated May 15,
2003 (the "Retainer") between the Company and Kaplan Gottbetter & Levenson, LLP.
("KGL"), the successor firm of which is Gottbetter & Parners, LLP. ("G&P"). The
modification is to take effect as of even date herewith. The modification, which
we understand was approved by the Company's Board of Directors, is for the
Company to pay part of its outstanding bill for legal services with shares of
the Company's common stock, $.001 par value.

      We understand that part of the outstanding bill will be satisfied by the
issuance of 500,000 shares valued at $30,000. The board of directors has
approved the filing of a registration on Form S-8 for these 500,000 shares. The
legal services for which these shares are being registered and subsequently
issued to Adam S. Gottbetter, a partner of G&P, did not include any services in
connection with the offer or sale of securities in a capital raising
transaction, and did not directly or indirectly promote or maintain a market for
the Company's securities.

      Please note that this letter may be filed as an exhibit to the Form S-8.
In order to effectuate the modification of the Retainer, please sign this letter
and return it to my office. If you have any questions, please call me.

Sincerely,


/s/ GOTTBETTER & PARTNERS, LLP
-----------------------------------
GOTTBETTER & PARTNERS, LLP


ACCEPTED AND AGREED:

HY-TECH TECHNOLOGY GROUP, INC.


By: /s/ Martin Nielson
-----------------------------------
Name:  Martin Nielson
Title: CEO


                                       6
News United States Air Force
 Aircraft with a cold shoulderPublished Dec. 10, 2015
                        
                        By Airman 1st Class Christopher R. Morales
                        
                        
                        Joint Base Elmendorf-Richardson Public Affairs
                **JOINT BASE ELMENDORF-RICHARDSON, Alaska (AFNS) --**
                If driving in snow is a hassle, imagine flying. Instead of every turn being a skidding accident waiting to happen, blocky wings couldn't get the right lift and flying straight would be an impossible task.While the roads and parking lots on Joint Base Elmendorf-Richardson have snow plows clearing the way, global ground-support aircraft deicers clear aircraft for the skies."Snow and ice can accumulate on the wings and severely affect aircraft performance and our ability to accomplish the mission," said Capt. Michael Hayes, a 525th Fighter Squadron standardization and evaluation officer. "Deicing allows aircraft to continue to operate despite the harsh Alaska winters."Aircraft aerodynamics are paramount to proper flight, and heavy layers of snow, ice and frost can weigh the aircraft down, freeze the flaps' movement and disrupt the airflow providing lift. The combined efforts of contracted truck drivers and deicer-qualified Airmen with deicing and anti-icing capabilities prevent those problems and more."Deicing basically removes all the snow, ice, frost -- everything from the aircraft," said Staff Sgt. Paul Lampe Jr., the 3rd Maintenance Squadron aircraft deicing NCO in charge. "The anti-ice (solution) is used right before takeoff so, as it is taxiing down the runway, it doesn't refreeze before it gets off the ground."There are two types of deicing machines available on base to fit the need of any size aircraft. The standard GL-1800 deicer works on regular aircraft. The extended-reach deicer can cope with taller aircraft like the C-17 Globemaster III, Lampe said."Basically, we deice anything that comes en route as far as C-5 (Galaxy), C-135 (Stratolifter) and C-17," Lampe said. "We (also) do transport aircraft like C-12 (Huron) and C-40(B/C) to C-130 (Hercules)."To plan a deicing, the flightline schedule is passed down to deicing NCO in charge, who plans accordingly."Depending on the aircraft and weather, usually (deicing is) real quick, from 30 minutes to a couple of hours," Lampe said.Weather is a primary factor when deicing. If it snows 4 inches overnight, or slush freezes into a thick layer of ice on an aircraft, there is work to be done. The time it takes to finish the job depends of the size of the aircraft and the current weather, such as if it's still snowing.The deicing program runs from October to April or whenever the snow falls.Joint Base Elmendorf-Richardson 



Alaska 



PACAF 



deicers