alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Warren *v.*Tam’s Drugs, Inc. et al.

[No. 19,566.

Filed January 24, 1961.]

*Michael E. Tancey,*of Elwood and *Schrenker & Anderson,*of Anderson, for appellant.

*Hugh E. Reynolds, Robert C. Ridell*and *Locke, Reynolds, Boyd & Weis ell,*of counsel, all of Indianapolis, for appellees.

Ax, C. J.

The record in this case shows that appellant (plaintiff below) brought an action against appellees and other defendants who are not parties to this appeal for personal injuries. Appellees entered a special appearance in the trial court and filed motion to’ quash the summons and set aside service of process of the appellee-defendant, Tam’s Drugs Inc. The court below sustained this motion and entered special finding of facts and conclusions of law. Judgment was entered accordingly.

*421Appellant thereafter filed a motion for new trial, which was overruled, and this appeal follows.

After submission of this appeal under Rule 2-14 and filing of appellant’s brief, under Rule 2-9, appellees appeared specially on December 22, 1960, and filed a motion to dismiss together with proof of service, urging inter alia, that this court has no jurisdiction of this appeal because the sustaining of a motion to' quash the summons and to set aside the service of process is not a final judgment or an interlocutory order from which an appeal is authorized by law.

Appellant has neither offered objections thereto, nor has filed any briefs supporting her position, therefore apparently conceding that appellees’ motion is proper and that this appeal should be dismissed.

Although it is not the duty of this court to serve as a proponent for an appellant who refuses or fails to come forth with valid obj ections to a motion urging the dismissal of the appeal, nevertheless we have carefully examined the motion of appellees together with a cursory examination of authorities contained in the supporting briefs, and we are of the opinion that the motion has merit under authority of *Kuhn*v. *Harrison, et al.*(1938), 104 Ind. App. 664, 12 N. E. 2d 997. In that case our court held that an order of the trial court quashing the summons was neither a final judgment, nor one of the interlocutory orders from which an appeal is authorized by statute.

Appellees urged other reasons why this court has no jurisdiction of this appeal, but in view of our opinion above it is not necessary that we dwell further in showing reasons for dismissing this appeal.

Appeal dismissed.

Note. — Reported in 171 N. E. 2d 707.
Exhibit 21.1

Subsidiaries of FS Investment Corporation II



|                                        |  |                                       
|--------------------------------------- |  | --------------------------------------
|Name of Subsidiary                      |  | State of Incorporation or Organization
|Cobbs Creek LLC                         |  | Delaware                              
|Cooper River LLC                        |  | Delaware                              
|Darby Creek LLC                         |  | Delaware                              
|FSIC II Investments, Inc.               |  | Delaware                              
|IC II Altus Investments, LLC            |  | Delaware                              
|IC II American Energy Investments, Inc. |  | Delaware                              
|IC II Arches Investments, LLC           |  | Delaware                              
|Lehigh River LLC                        |  | Delaware                              
|Wissahickon Creek LLC                   |  | Delaware                              
|Dunning Creek LLC                       |  | Delaware                              
|Juniata River LLC                       |  | Delaware                              
|Green Creek LLC                         |  | Delaware                              
|Schuylkill River LLC                    |  | Delaware
[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Page 57952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23885]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Sunshine Act Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that the Federal Deposit 
Insurance Corporation's Board of Directors will meet in open session at 
10:30 a.m. on Monday, September 27, 2010, to consider the following 
matters:
    Summary Agenda: No substantive discussion of the following items is 
anticipated. These matters will be resolved with a single vote unless a 
member of the Board of Directors requests that an item be moved to the 
discussion agenda.
    Disposition of minutes of previous Board of Directors' Meetings.
    Summary reports, status reports, reports of the Office of Inspector 
General, and reports of actions taken pursuant to authority delegated 
by the Board of Directors.
    Memorandum and resolution re: Joint Final Rule: Amendment to the 
Community Reinvestment Act Regulation.

Discussion Agenda

    Memorandum and resolution re: Rule Replacing 12 CFR 360.6--
Treatment by the FDIC as Conservator or Receiver of Financial Assets 
Transferred by an Insured Depository Institution in Connection with a 
Securitization after September 30, 2010.
    Memorandum and resolution re: Interim Final Rule Implementing 
Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act.
    Memorandum and resolution re: Notice of Proposed Rulemaking on 
Deposit Insurance of Noninterest-Bearing Transaction Accounts.
    The meeting will be held in the Board Room on the sixth floor of 
the FDIC Building located at 550 17th Street, NW., Washington, DC.
    This Board meeting will be Webcast live via the Internet and 
subsequently made available on-demand approximately one week after the 
event. Visit http://www.vodium.com/goto/fdic/boardmeetings.asp to view 
the event. If you need any technical assistance, please visit our Video 
Help page at: http://www.fdic.gov/video.html.
    The FDIC will provide attendees with auxiliary aids (e.g., sign 
language interpretation) required for this meeting. Those attendees 
needing such assistance should call (703) 562-6067 (Voice or TTY), to 
make necessary arrangements.
    Requests for further information concerning the meeting may be 
directed to Mr. Robert E. Feldman, Executive Secretary of the 
Corporation, at (202) 898-7043.

    Dated: September 20, 2010.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2010-23885 Filed 9-21-10; 11:15 am]
BILLING CODE P
Exhibit 10.3









AMENDMENT #1 TO INVESTMENT

MANAGEMENT AGREEMENT





THIS AMENDMENT to the Investment Management Agreement by and between PHL Variable Insurance Company (the Client) and Phoenix Investment Counsel, Inc. (the Manager) (the Agreement) dated January 1, 1995, is effective as of the 1st day of January, 1998.



1.

Amendment.  Section 8 of the Agreement is amended and restated as follows:



(a)

The Manager, as full compensation for services rendered under this Agreement, shall be paid a fee as specified in Schedule 8, as such schedule may be amended from time to time.  For purposes of the calculation of the fee, the value of the securities in the Account shall be based upon monthly Average Assets Under Management.  Average Assets Under Management shall be calculated for each asset class as set forth in Schedule 8 hereto, as the simple average of:



(i)

the value of the assets in the Account as of the last Appraisal Date in the current calendar month; and



(ii)

the value of the assets in the Account as of the last Appraisal Date in the previous calendar month.



(b)

If the Manager serves for less than the whole of any calendar month, its compensation shall be determined as provided above on the basis of the value of the assets in the Account on the date of termination and shall be payable on a pro rata basis for the period of the calendar month for which it has served as Manager hereunder.  The compensation of the Manager shall be paid by the Client upon receipt of the Managers statement for such compensation.



2.

Reaffirmation.  Except as provided above, the Agreement shall remain in full force and effect without amendment.



IN WITNESS WHEREOF, the parties hereto have hereby executed this Amendment #1 on this, the 31st day of July, 1998 by their respective undersigned officers.



|PHOENIX INVESTMENT COUNSEL, INC.

By:/s/ Michael E. Haylon


Its:President | PHL VARIABLE INSURANCE COMPANY

By:/s/ David W. Searfoss


Its:Executive Vice President
|-------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------





cam\agrmt\0374-1.doc



---

Schedule 8





COMPENSATION





|Class of Assets                | Management Fee                                    
|------------------------------ | --------------------------------------------------
|Public Bonds                   | 10 basis points of Average Assets Under Management
|Private Bonds                  | 12 basis points of Average Assets Under Management
|Preferred Stocks               | 10 basis points of Average Assets Under Management
|Common Stocks                  | 40 basis points of Average Assets Under Management
|Venture Capital                | 45 basis points of Average Assets Under Management
|Other Assets                   | 45 basis points of Average Assets Under Management
|Cash and Short-Term Securities | 5 basis points of Average Assets Under Management 





cam\agrmt\0374-1.doc
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          49,499
<SECURITIES>                                         0
<RECEIVABLES>                                   17,356
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                66,855
<PP&E>                                           6,050
<DEPRECIATION>                                 (2,422)
<TOTAL-ASSETS>                                 455,821
<CURRENT-LIABILITIES>                          363,135
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,191,862
<OTHER-SE>                                 (2,098,946)
<TOTAL-LIABILITY-AND-EQUITY>                   455,821
<SALES>                                        127,444
<TOTAL-REVENUES>                               127,444
<CGS>                                          174,718
<TOTAL-COSTS>                                   60,909
<OTHER-EXPENSES>                               508,430
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (21,600)
<INCOME-PRETAX>                              (616,613)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (616,613)
<EPS-BASIC>                                     (0.17)
<EPS-DILUTED>                                   (0.17)


</TABLE>
** **

UnitedStates

SecuritiesAnd Exchange Commission

Washington, D.C.  20549

 

Form 10-Q

 

(Mark One)

[X]   QUARTERLY REPORT PURSUANT TOSECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For thequarterly period ended September 30, 2008

 

 

[ ]   TRANSITIONREPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF1934

 

 

For thetransition period from _________to _________

 

Commission file number0-15676

 

 

DAVIDSONDIVERSIFIED REAL ESTATE III, L.P.

(Exactname of registrant as specified in its charter)

 

 

 

 

Indicate by check markwhether the registrant (1) has filed all reports required to be filed by Section13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12months (or for such shorter period that the registrant was required to file suchreports), and (2) has been subject to such filing requirements for the past 90days.  

[X] Yes  [ ]No

 

Indicate by check markwhether the registrant is a large accelerated filer, an accelerated filer, anon-accelerated filer, or a smaller reporting company.  See the definitionsof “large accelerated filer”, “accelerated filer” and “smaller reportingcompany” in Rule 12b-2 of the Exchange Act.

 

 

Indicate by check markwhether the registrant is a shell company (as defined in Rule 12b-2 of theExchange Act). [ ] Yes  [X] No
Exhibit 32.1

                            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  Trans  Energy,  Inc.  (the
"Company") on Form 10-QSB for the period ending June 30, 2006, as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, James
K. Abcouwer,  Chief Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the  Sarbanes-Oxley  Act of
2002, that, to the best of my knowledge and belief:

     (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 result of operations of the
     Company.


/s/   JAMES K. ABCOUWER
-------------------------------
James K. Abcouwer
Chief Executive Officer
August 14, 2006

     A signed original of this written statement required by Section 906, or
     other document authenticating, acknowledging, or otherwise adopting the
     signature that appears in typed form within the electronic version of this
     written statement 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. The foregoing certifications are accompanying the
     Company's Form 10-QSB solely 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) and is not being filed as part of the Form 10-QSB
     or as a separate disclosure document.
579 A.2d 814

#### IN THE MATTER OF JORGE GONZALEZ, AN ATTORNEY AT LAW.

September 27, 1990.

ORDER

JORGE GONZALEZ of NORTH BERGEN, who was admitted to the bar of this State in 1979, having been suspended by the Court by Order dated September 4, 1990, and having been ordered to show cause why that suspension should not continue pending disposition of the ethics proceedings against him, and he, by his attorney, having consented thereto,

And good cause APPEARING;

It is ORDERED that the suspension of JORGE GONZALEZ shall continue pending disposition of the ethics proceedings against him and until the further Order of the Court; and it is further

ORDERED that JORGE GONZALEZ continue to be restrained and enjoined from practicing law during the period of his suspension and that he continue to comply with Regulation 23 governing suspended attorneys.
News United States Air Force
 Senator receives shadow box in honor of brotherPublished March 23, 2015
                        
                        By Senior Airman Hailey Haux
                        
                        
                        Secretary of the Air Force Public Affairs Command Information
                **WASHINGTON (AFNS) --**
                Secretary of the Air Force Deborah Lee James presented a shadow box to Sen. Orrin Hatch of Utah, March 20, in honor of his brother, Cpl. Jesse Hatch, who died Feb. 7, 1945, during World War II.
Corporal Hatch, a Pennsylvania native, served as a turret gunner as part of the 451st Bombardment Group of the 725th Bomb Squadron. His unit was tasked with bombing raids which struck the hearts of Nazi Germany and also targeted critical enemy assets in Austria, Poland, Italy and Romania.
After his first mission on Jan. 4, 1945, Hatch wrote home saying, “It wasn’t a snap I’m telling you. You really gotta hand it to their flack. They hit our ship six times with flack. But we got back.”
Unfortunately, Feb. 7, 1945, the ‘flack’ proved intense and accurate as Hatch’s crew flew their 186th, and final, mission. They were struck by anti-aircraft fire which caused a mid-air collision. Hatch and his crew lost their lives that day, making the ultimate sacrifice for the freedoms of many.
“No words and commemorative items, no matter how special they will be, can ever soothe the pain of losing a brother,” James said. “We all know that, but we also know that his sacrifice is absolutely not in vain. Jesse’s courage, selflessness and dedication are an inspiration to all of us seven decades later.”
A shadow box is an enclosed or framed box with a glass front, usually containing an insignia, medals, ribbons and ranks among other memorial items. This particular shadow box included a photo of Hatch and his crew, his aerial gunner wings, his Air Medal, a folded American flag and much more.
“I was only eight when it happened,” Senator Hatch said. “My brother was a humble young man and, overall, a very good person. He loved airplanes and was very happy to be a nose gunner. I am very moved by this and I know my sisters are as well.
In addition to honoring corporal Hatch, the event paid tribute to all of those who have served and sacrificed through the generations.  James explained the 451st BG lives on today as the 451st Air Expeditionary Group in Kandahar, Afghanistan.  Senator Hatch also spoke about the sacrifices and commitment of all of our military service members. 
“I can’t begin to tell you how deeply indebted we feel toward folks in the military who have sacrificed so much and will sacrifice so much for our country,” he said. “I love the military. I love what you men and women do for our country and I am going to always be there for you, you can count on it. Just know that this family is very grateful, I am very grateful and I want God to bless you all. Thank you so much.”Deborah Lee James 



Pentagon 



shadow box 



senator 



SecAF
<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>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          23,508
<SECURITIES>                                         0
<RECEIVABLES>                                   98,048
<ALLOWANCES>                                         0
<INVENTORY>                                     10,052
<CURRENT-ASSETS>                               149,336
<PP&E>                                         113,975
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 474,679
<CURRENT-LIABILITIES>                           88,374
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           450
<OTHER-SE>                                     277,369
<TOTAL-LIABILITY-AND-EQUITY>                   277,819
<SALES>                                              0
<TOTAL-REVENUES>                               260,541
<CGS>                                                0
<TOTAL-COSTS>                                  169,150
<OTHER-EXPENSES>                                45,309
<LOSS-PROVISION>                                 6,924
<INTEREST-EXPENSE>                               3,207
<INCOME-PRETAX>                                 35,951
<INCOME-TAX>                                    14,603
<INCOME-CONTINUING>                             21,348
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,348
<EPS-BASIC>                                       0.48
<EPS-DILUTED>                                     0.45


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

<ARTICLE>  5
<MULTIPLIER>  1,000
       
<S>                                           <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                       JAN-31-1998
<PERIOD-END>                            NOV-01-1997
<CASH>                                        2,050
<SECURITIES>                                      0
<RECEIVABLES>                                 4,474
<ALLOWANCES>                                      0
<INVENTORY>                                  50,527
<CURRENT-ASSETS>                             65,014
<PP&E>                                       50,042
<DEPRECIATION>                               26,747
<TOTAL-ASSETS>                               92,796
<CURRENT-LIABILITIES>                        26,933
<BONDS>                                           0
<COMMON>                                         70
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<OTHER-SE>                                   36,609
<TOTAL-LIABILITY-AND-EQUITY>                 92,796
<SALES>                                      41,536
<TOTAL-REVENUES>                             41,536
<CGS>                                        21,509
<TOTAL-COSTS>                                18,608
<OTHER-EXPENSES>                                  0
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                              738
<INCOME-PRETAX>                                 681
<INCOME-TAX>                                    279
<INCOME-CONTINUING>                             402
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                    402
<EPS-PRIMARY>                                  0.06
<EPS-DILUTED>                                  0.06
        


</TABLE>
Exhibit 99.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                PURSUANT TO
                            18 U.S.C. SECTION 1350,
                            AS ADOPTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I, Tom Hofer, 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 the Quarterly Report of Vendalux Corporation on Form 10-QSB for the
quarterly period ended September 30, 2001, fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in such Form 10-QSB fairly presents in all
material respects the financial condition and results of operations of
Vendalux Corporation

By:       /s/
   --------------------
   Name: Tom Hofer
   Title:   Chief Executive Officer/Chief Financial Officer