alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Capers & Tichnor v. Moses Stewart.

(No. 5244.)

Appeal from Dallas County.

Wright, Wright & Eckford, counsel for appellants.

No counsel appeared for appellee.

Opinion by

White, P. J.

§ 291. *Statute of frauds; contract void under, may be proved in support of quantum meruit claim for serv-. ices; case stated.*Appellee was engaged in litigation with the city of Dallas, involving the title and possession of a lot of land. He employed appellants, attorneys, to represent him in said litigation, agreeing to pay them for their services one-half said laud, should he succeed in establishing his title to said land, and in obtaining possession thereof. If he lost the land appellants were to receive nothing for their services. The contract was verbal. Appellants performed the services, and succeeded in establishing appellee’s title to the land, and in putting him in lawful possession thereof. He refused to convey to them one-half the land as he had contracted to do. Appellants brought this suit to recover $1,000 of appellee, the alleged value of their services, the value of said land being $2,000. They recovered judgment for $20, from which judgment they prosecute this appeal. On the trial, the court, among other instructions, gave the following: “You are charged that you will disregard all testimony in this case relating to a contract for the conveyance of any land to plaintiffs by defendant, and if then you find that plaintiffs performed work and labor for the defendant at his special instance and request, you will find for plaintiffs' the reasonable value of the services done and performed by them, as such value appears in evidence before you.” Appellants requested the following instruction, which was refused:. “If you believe from the evidence that defendant made a verbal contract *356with plaintiffs to convey to them certain lands in consideration of services to be rendered him by them, as set out in plaintiffs’ petition, and that plaintiffs rendered the said services, you can take into consideration the value of the land in estimating the value of said services.” *Held:*The court erred in the instruction given, and in refusing to give the one requested. The court doubtless was of the opinion that the contract, being-one for the sale or transfer of land, and not being in writing, was void under the statute of frauds [R. S. art. 2464], and was therefore not competent evidence for any purpose. Such view is erroneous. The rule is that “where a contract providing for a fixed compensation for services, and a particular mode of payment, is void by the statute of frauds for not being in writing, if the employer violate or repudiate it, after services have been performed under it, they may be recovered for on a *quantum meruit,*as services performed on request, without regard to the rate or mode of compensation contemplated in such contract, if by such contract, being verbal and void, the value of .the land on a *quantum meruit*is not the fixed measure of damage. But it has been held that such value is competent evidence to be considered on the question of damages.” [2 Suth. on Dam. pp. 451-453.]

May 7, 1887.

Reversed and remanded.
```

  EX-33.4
(logo) NTS
NATIONAL TAX
SEARCH, LLC.

REPORT ON ASSESSMENT OF COMPLIANCE WITH APPLICABLE SECURITIES AND EXCHANGE
COMMISSION'S REGULATION AB SERVICING CRITERIA

For the calendar year ending December 31, 2011, National Tax Search, LLC has
been a Tax Service Vendor for Wells Fargo Bank, N.A. (the "Servicer").

National Tax Search, LLC ("NTS") is responsible for assessing compliance as of
December 31, 2011 and for the period from January 1, 2011 through December 31,
2011 (the "Reporting Period") with the servicing criteria set forth in Title 17,
Section 229.1122(d) of the Code of Federal Regulations (the "CFR"). NTS has used
the servicing criteria communicated to NTS by the Servicer to assess compliance
with the applicable servicing criteria. Only servicing criteria 1122 (d)(1)(ii),
1122 (d)1(iv), 1122 (d)2(ii), 1122 (d)2(v), 1122(d)2(vi), 1122 (d)2(vii),
1122(d)(4)(xi), and 1122(d)(4)(xii) (the "Applicable Servicing Criteria") are
applicable to the activities NTS performs with respect to the transactions
covered by this report. NTS has determined that the remaining servicing criteria
set forth in Item 1122 (d) of the SEC Regulation AB are not applicable to the
activities it performs with respect to the transactions covered by this report.
The transactions covered by this report included all tax payments made on behalf
of the Servicer using NTS's TaxQ system (the "Platform Transactions").

NTS, as a vendor, has assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has concluded that the NTS has complied,
in all material respects, with the Applicable Servicing Criteria as of December
31, 2011 and for the Reporting Period with respect to the Platform Transactions
taken as a whole.

Plante & Moran, PLLC, an independent registered public accounting firm, has
issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2011 and for the Reporting
Period as set forth in this assertion.

National Tax Search, LLC, as Vendor to Servicer

/s/ Lori D. Eshoo
Lori D. Eshoo, President/CEO
January 16, 2012

303 E. Wacker Drive, Suite 1040
Chicago, IL 60601
Telephone: (312) 233-6440
Facsimile: (312) 540-3770

(logo) Certified
WBENC
Women's Business Enterprise
```
I 

110TH CONGRESS 

1ST SESSION H. R. 1189 

To preserve the right to habeas corpus. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mr. WU (for himself, Mr. JONES of North Carolina, Mr. LARSON of Connecticut, Mr. LATOURETTE, Mr. GILCHREST, Mr. BARTLETT of Maryland, and Mr. DEFAZIO) introduced the following bill; which was referred 

to the Committee on Armed Services, and in addition to the Committees 

on the Judiciary and Foreign Affairs, 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 preserve the right to habeas corpus. 

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 Habeas Corpus Pres5 ervation Act’’. 

6 SEC. 2. HABEAS CORPUS. 

7 Nothing in the Military Commissions Act of 2006 or 

8 any amendment made by that Act shall affect the right 

9 of any resident of the United States of America to habeas 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 1189 IH

1 corpus. The preceding sentence shall be construed in ac2 cordance with the 5th and 14th Amendments to the Con3 stitution of the United States. 

Æ 


hsrobinson on PROD1PC76 with BILLS
amendedneuagmt



                          American Radio Empire, Inc.
          13210 Kerrville Folkway, Building G, Austin, Texas 78729-7522



Dear Mr. Neu:

        This will confirm the terms of the amendment to your Employment Agreement
dated August 16, 2002 (the "Agreement"), with American Radio Empire, Inc. (the
"Company"). Notwithstanding the terms of the Agreement, you have agreed that the
Agreement shall continue to be binding on the parties, but to delay the
commencement of the term of the Agreement until the Company, in its sole
discretion, determines that it is financially feasible to employ you full time.
Until that time, you agree to make yourself available to the Company to serve as
divisional COO on a consulting basis.

        If this conforms to your understanding of our agreement, please acknowledge
your agreement below.

                                                     Sincerely,


                                                     Dain Schult
                                                     President


Accepted and agreed this
15th day of December, 2003:



____________________________
Herb Neu
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               DEC-31-1999
<CASH>                                           7,500
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,500
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   7,500
<CURRENT-LIABILITIES>                            2,269
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,983
<OTHER-SE>                                     (5,752)
<TOTAL-LIABILITY-AND-EQUITY>                     7,500
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    2,269
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,269)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,269)
<EPS-BASIC>                                     (0.00)
<EPS-DILUTED>                                   (0.00)


</TABLE>
#### William LATTIMORE, Plaintiff-Appellee, v. OMAN CONSTRUCTION, Defendant-Appellant, Bill White, Defendant.

No. 85-7790.

United States Court of Appeals, Eleventh Circuit.

Jan. 7, 1987.

Charles K. Howard, Jr., Elarbee, Thompson *&*Trapnell, Joseph M. Freeman, Atlanta, Ga., William B. Hairston, Jr., Engel, Hairston, Moses & Johanson, Birmingham, Ala., for defendant-appellant.

Fletcher Farrington, Farrington & Abbot, Savannah, Ga., for amici curiae-plaintiff-appellee.

Robert L. Wiggins, Gordon, Silberman, Wiggins & Childs, Birmingham, Ala., for plaintiff-appellee.

*758Jack Drake, Tuscaloosa, Ala., for amici Drake, et al.

Thomas A. Warren, Spriggs & Warren, Tallahassee, Fla., for amici Warren, et al.

Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges *.

*

 Senior U.S. Circuit Judge Albert J. Henderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. 46(c).

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing en banc and majority of the judges of this Court in active service having voted in favor of granting a rehearing en banc.

IT IS ORDERED that the above cause shall be reheard by this Court en banc *with*oral argument during the week of February 23, 1987, on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel’s opinion is hereby VACATED.
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 Health and Human Services

###### National Institutes of Health

      ( print page 58413)    
                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, September 30, 2010, 8:30 a.m. to October 1, 2010, 5 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on September 9, 2010, 75 FR 54896-54897.                

The meeting will be one day only September 30, 2010. The meeting time and location remain the same. The meeting is closed to the public.

Dated: September 20, 2010.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-23954 Filed 9-23-10; 8:45 am]

BILLING CODE 4140-01-P
<PAGE>
                        COMPUTATION OF EARNINGS PER SHARE
                                   Exhibit 11
<TABLE>
<CAPTION>

                                                           THREE MONTHS ENDED
                                                                MARCH 31,
                                                      ----------------------------
                                                           1997          1996
                                                      ------------    ------------

<S>                                                   <C>             <C>
PRIMARY:
Net Income (loss)                                     $ (5,819,000)   $  2,044,000
                                                      ============    ============

Shares as adjusted:
      Weighted average common shares outstanding        23,923,771      20,497,233
      Incremental shares from outstanding stock
           options as determined under the treasury
           stock method                                        -           287,764
                                                      ------------    ------------

Shares as adjusted                                      23,923,771      20,784,997
                                                      ============    ============

Net income (loss) per share                           $      (0.24)   $       0.10
                                                      ============    ============


FULLY DILUTED:
Net Income (loss)                                     $ (5,819,000)   $  2,044,000
                                                      ============    ============

Shares as adjusted:
      Weighted average common shares outstanding        23,923,771      20,497,233
      Incremental shares from outstanding stock
           options as determined under the treasury
           stock method                                        -           301,101
                                                      ------------    ------------

Shares as adjusted                                      23,923,771      20,798,334
                                                      ============    ============

Net income (loss) per share                           $      (0.24)   $       0.10
                                                      ============    ============

</TABLE>
583 A.2d 323

#### STATE OF NEW JERSEY v. DIANE DOWNEY.

February 20, 1990.

Petition for certification denied. (See 237 *N.J.Super.*4, 566 A.2d 822)
News United States Air Force
 US provides initial critical aid in HaitiPublished Oct. 17, 2016
                        
                        By  Tech. Sgt. Russ Scalf
                        
                        
                        Joint Task Force Matthew
                **PORT-AU-PRINCE, Haiti, (AFNS) --**
                Since arriving Oct. 5, U.S. service members assigned to Joint Task Force Matthew have been operating around the clock, providing aid to citizens of western Haiti.The team has been conducting 24-hour operations at the request of Haiti’s government to support the U.S. Agency for International Development’s disaster relief efforts in the critical early stages of the response.“USAID requested the unique capabilities of the military because we needed to transport critically needed relief supplies to the affected areas,” said Tim Callaghan, the leader of the USAID Disaster Assistance Response Team. “Because of the airlift they provided, we were able to move food, water and other supplies -- things that helped save lives -- to communities that needed it most.”U.S. Southern Command established JTF Matthew under the command of Navy Rear Adm. Cedric Pringle, the deputy director of Joint Interagency Task Force South, to oversee U.S. military efforts in Haiti. To date the JTF has moved more than 480 metric tons of relief supplies to Haitians whose communities were devastated by Hurricane Matthew on Oct. 4 causing more than 1,000 deaths.“This is an opportunity to make a difference for someone else,” Pringle said.The task force is comprised of more than 400 military members and 20 aircraft, utilizing assets from all four branches of the military and the U.S. Coast Guard to ensure aid reaches those in need. Supplies such as rice, cooking oil, hygiene kits and medical supplies arrive to an aerial port established by 134 Airmen from the 621st Contingency Response Wing based out of Joint Base McGuire-Dix-Lakehurst, New Jersey.“We brought the newly formed Contingency Response Group-Rapid Port Opening Element-Defense Logistics Agency team into an operation for the first time, and we had the right team to make it work,” said Air Force Col. Leslie Maher, the JTF Port Opening commander. “We have been thrilled with the group we have here. From the logistical side of the operation we have been the glue to make things happen.”The supplies are accounted for and loaded for transport to communities in need. Due to the remote geography of Haiti’s Tiburon Peninsula, the materials are loaded into Army CH-47F Chinook, UH-60 Black Hawk, and Marine Corps CH-53E Super Stallion helicopters for delivery.“The amount of time, effort and planning that these guys put into this relief operation is astonishing,” said Navy Cmdr. Reggie E. Johnson, the JTF Matthew Future Operations officer. “They are truly making a difference for the people of Haiti who were most impacted -- it was a rapid response with results.”The task force will continue to support USAID as necessary.Hurrican Matthew 



Humanitarian 



aid 



Haiti 



joint task force matthew 



Army 



joint
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 Labor

###### Employee Benefits Security Administration

# AGENCY:

Employee Benefits Security Administration, Department of Labor (the Department).

# ACTION:

Notice of technical correction.

                    In the September 16, 2010 issue of the                     **Federal Register**                    , the Department published PTE 2010-27 (at 75 FR 56568). PTE 2010-27 is an administrative exemption for the Plan from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended.                

                    The operative language of PTE 2010-27, which begins at the top of the first column of page 56568 of the September 16, 2010 issue of the                     **Federal Register**                     after the boldface heading “Exemption,” was not preceded by a caption that indicated the prohibited transaction exemption number. To correct the publication error for PTE 2010-27, the present caption before the boldface heading “Exemption” at the top of the column on page 56568 should be replaced with a new caption to read as follows:                

## The Finishing Trades Institute of the Mid-Atlantic Region (the Plan), Located in Philadelphia, Pennsylvania [Prohibited Transaction Exemption 2010-27; Exemption Application No. L-11609]

# FOR FURTHER INFORMATION CONTACT:

Mr. Brian Shiker of the Department at (202) 693-8552. (This is not a toll-free number.)

Signed at Washington, DC, this 21st day of September, 2010.

Ivan L. Strasfeld,

Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor.

[FR Doc. 2010-23931 Filed 9-23-10; 8:45 am]

BILLING CODE 4510-29-P
IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 21-0173

_________________

BETH MCLAUGHLIN,

 Petitioner,

 v.

The MONTANA STATE LEGISLATURE, and 

the MONTANA DEPARTMENT OF 

ADMINISTRATION,

 Respondents.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to the Court sitting en banc. 

The Clerk is directed to provide a copy hereof to all counsel of record.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 26 2021

05/26/2021

Case Number: OP 21-0173
Exhibit 99.1

                          Certification of CEO and CFO
                       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 on Form 10-KSB of  Silverado  Financial,
Inc., formerly known as Rhombic Corporation for the year ended December 31, 2002
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"), John E. Hartman, Chief executive officer and Albert A. Golusin, chief
financial officer, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the
best of his knowledge:

     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 Corporation.

Date: April 14, 2003                 By /s/ John E. Hartman
                                        ----------------------------------------
                                        John E. Hartman, Chief Executive Officer

This  certification  accompanies  the  Report  pursuant  to  Section  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  Corporation for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.