alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Weir Plow Company v. Abe Carroll et al.

(No. 3582.)

Appeal from Ellis County.

M. B. Templeton, counsel for appellant.

W. H. Pears, counsel for appellee.

Opinion by

Willson, J.

§ 17 8. *Fraudulent transfer of property; instance of; case stated.*Appellant caused an execution to be levied upon certain property as the property of Abe Carroll, *265the defendant in said execution. Hattie J. Carroll, wife of said Abe Carroll, claimed said property as her separate property, made affidavit and gave bond for the trial of the right of property, and upon trial judgment was rendered in her favor in both the justice’s and county courts. By the uncontradicted evidence in the case, it is shown that Abe Carroll owned and kept a livery-stable, owning and using in said business several horses, etc., involved in this suit; that he had used $2,000 or more of money which was the separate property of his wife; that'on March 25, 1888, he made a bill of sale conveying to his wife the property involved in this suit, and other property owned and used by him in conducting said livery business, in part payment of his said indebtedness to his wife. At the time he made said bill he was insolvent, and his wife must have known of his insolvency. Said bill of sale was not recorded; there was no change in the possession or use of the property conveyed; said Abe Carroll continued to use said property in the livery business; disposed of some of it after he conveyed it to his wife; in short, “everything went on exactly as before ” the transfer, and it was agreed between Carroll and his wife at the time of said transfer that the business should be conducted by him as before. Said transfer was known only to Abe Carroll and his wife. It was not an open, but a secret, transaction. It does not have the appearance of being *bona fide,*but is to our minds clearly made for the purpose .of defrauding the creditors of Abe Carroll, of which purpose his wife- must have been cognizant. While it is true that a debtor may prefer a creditor, even when the debtor is insolvent, and even though the creditor preferred be his wife, still the transaction, to be valid, must be open, and made for the *bona fide*purpose of paying a debt. [Cox v. Miller, *54*Tex. 16; 2 App. C. C., §§ 506, 507.] Upon the facts of this case, we think the judgment is wrong, and the same is reversed, and, there being no controversy as to the *266facts, we will render the judgment which should have been rendered in the court below, which is that the appellant recover of the appellee, and the sureties upon the claim bond, the sum of $155, with eight per cent, interest thereon from March 14, 1889, and with ten per cent-, damages on said principal and interest, together with all costs in all the courts incurred, and that execution issue therefor, which execution may be levied upon the separate property of said Hattie J. Carroll, as well as upon other property subject to this judgment.

December 6, 1890.

Reversed and rendered.
1740148
<TABLE>
<S>          <C>           <C>           <C>         <C>           <C>       <C>

                                                                                             Exhibit 10.6

                     FIRST AMENDMENT TO AMENDED AND RESTATED
                        UNIFIED FINANCIAL SERVICES, INC.
                            1998 STOCK INCENTIVE PLAN

         WHEREAS, on February 25, 1998 the Board of Directors of Unified
Financial Services, Inc. (the "Company") approved and adopted the Unified
Financial Services, Inc. 1998 Stock Incentive Plan (the "Stock Incentive Plan"),
which plan was adopted by the stockholders of the Company on May 20, 1998; and

         WHEREAS, on March 25, 1999, the Board of Directors of the Company
amended and restated the Stock Incentive Plan (the "Amended and Restated Plan"),
which Amended and Restated Plan was adopted by the stockholders of the Company
on May 27, 1999; and

         WHEREAS, on November 9, 2001, the Board of Directors, pursuant to
Section 18 of the Amended and Restated Plan, approved and adopted an amendment
of such plan to grant the President and/or the Chief Executive Officer of the
Company the authority to approve awards and grants under the plan.

         NOW, THEREFORE, the Amended and Restated Plan is hereby amended as
follows:

         1.       Section 2(b) of the Amended and Restated Plan is amended in its entirety to read as follows:

                           (b) ADMINISTRATOR means the Board or, if the Board so
         designates, the Committee, or the President or Chief Executive Officer
         of the Company; provided, however, the President and Chief Executive
         Officer of the Company shall not be authorized to award or grant Awards
         to themselves or to any other Reporting Persons; and provided further,
         however, the total number of shares of Stock subject to Awards made by
         the President and/or Chief Executive Officer of the Company shall not
         exceed 500,000.

         2.       Other than as amended hereby, the Amended and Restated Plan remains in full force and effect.

         IN WITNESS WHEREOF, the undersigned has executed this First Amendment
to the Amended and Restated Plan as of the 9th day of November 2001.



                                                              /s/ Timothy L. Ashburn
                                                              -----------------------------------------------------
                                                              Timothy L. Ashburn, Chairman of the Board
ATTEST

/s/ David F. Morris
--------------------------------------------
David F. Morris, Corporate Secretary

</TABLE>
#### Maritza MAXWELL, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and West Flagler Associates, Ltd., Appellees.

No. 3D11-1560.

District Court of Appeal of Florida, Third District.

Aug. 17, 2011.

Maritza Maxwell, in proper person.

Louis A. Gutierrez, Tallahassee, for ap-pellee, Unemployment Appeals Commission.

Before RAMIREZ and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

We dismiss this appeal as untimely. As in *Etienne v. Simco Recycling Corp.,*721 So.2d 399 (Fla. 3d DCA 1998), our dismissal is without prejudice. Maritza Maxwell is free to ask the Unemployment Appeals Commission to vacate and re-enter the operative order. If the Commission cooperates, then Maxwell may timely appeal the re-entered order. If not, then she may *1094appeal the Commission’s refusal to re-enter the order.

Appeal dismissed.
EXHIBIT13.2

CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Annual Report ofRandgold & Exploration Company Limited (the"Company") on Form 20-F for the year endedDecember 31, 2003 as filed with the Securities and Exchange Commissionon the date hereof (the "Report"), I, HendrikC. Buitendag, Financial Director of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to my knowledge:

The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

The information containedin the Report fairly presents, in all material respects, the financialcondition and result of operations of the Company.

|  | /s/ Hendrik C. BuitendagHendrik C.BuitendagFinancial Director |
|--|---------------------------------------------------------------|

Date: July 15,2004

----
CONSENT  OF  INDEPENDENT  CERTIFIED  PUBLIC  ACCOUNTANTS



SpaceDev,  Inc.
San  Diego,  California



We  hereby  consent  to  the  incorporation by reference in the previously filed
Registration Statement on Form S-8 (file no. 333-47338) of SpaceDev, Inc. of our
report dated February 13, 2003 relating to the consolidated financial statements
for  the  year  ended  December  31,  2002  of  SpaceDev, Inc., appearing in the
Company's  Annual  Report  on  Form 10-KSB for the year ended December 31, 2003.
Our  report contains an explanatory paragraph regarding the Company's ability to
continue  as  a  going  concern.



/s/  Nation  Smith  Hermes  Diamond


San  Diego,  California
April  2,  2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4751

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. SHAWN DEWAYNE RUCKER, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:03-cr-00097-1)

Submitted: July 10, 2009 Decided: August 17, 2009

Before NIEMEYER, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Matthew A. Victor, VICTOR VICTOR & HELGOE LLP, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Miller Bushong, Assistant United States Attorney, Beckley, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Shawn Dewayne Rucker appeals the district court’s order revoking his supervised release, rejecting his claim that

he was entitled to a two-level reduction in his offense level based upon the amendments to the crack cocaine sentencing guidelines, and imposing a twenty-one-month sentence upon revocation of supervised release. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Rucker , No. 5:03-cr-00097-1 (S.D.W. Va. July 15, 2008); see also United

States v. Forman , 553 F.3d 585, 588-89 (7th Cir.), cert. denied , 129 S. Ct. 1924 (2009). 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
News United States Air Force
 Defense Secretary visits Osan ABPublished April 10, 2015
                        
                        By Staff Sgt. Jake Barreiro
                        
                        
                        51st Fighter Wing Public Affairs
                **OSAN AIR BASE, South Korea (AFNS) --**
                Defense Secretary Ash Carter visited Osan Air Base, April 9, where he held a troop call and briefly spoke about the importance of the United States' role in Asia.
During his address, Carter spoke about the importance of the U.S.'s alliance with the Asia/Pacific region--Korea in particular--readiness, the Defense Department’s priority of attracting and retaining the best service members possible, and the importance of security.
After his speech, Carter took questions from the audience and addressed topics of rotating forces to South Korea, retirement compensation for service members, and any forthcoming changes to the Korean theater.
On the rotating of forces, Carter said he is pleased with the new methods, but he is also open to feedback.
"I think right now that it's working out very well because readiness is at a premium," Carter said.
Retirement compensation will not be coercively changed for any active service members, Carter said. Although the secretary noted there are discussions about altering the military's retirement model, these changes will simply give service members a choice.
"We're not going to change the game for anyone that's already in the game," he said.
Ultimately, the secretary said that any change to the retirement system will be driven by a desire to recruit the best personnel possible.
"This isn't about saving money," he said.
When asked about the future of the U.S.'s role in Korea, Carter said that in the present and future, a lot of focus will be put into the Korean and Asian/Pacific Theater.
"A lot of newer capabilities will be flowing into here," Carter said. "This is a demanding theater with one-half of the world's wealth and population."
Above all, Carter said that the U.S.’s alliance with South Korea and the rest of the Asia/Pacific region is pivotal and that the DOD needs to attract and retain the best people possible to work in this vital environment.
After speaking, Carter thanked and coined the more than 200 service members in attendance.Osan AB 



Ash Carter 



South Korea 



SecDEF
**Exhibit 99.01**

 

**Certification ofPrincipal Executive Officer**

**Pursuant to 18 U.S.C.1350**

**(Section 906 of theSarbanes-Oxley Act of 2002)**

 

I, Robert W. Deutsch, Ph.D.,Chairman, President and Chief Executive Officer (principal executive officer)of RWD Technologies, Inc. (the “Registrant”), certify that to the best of myknowledge, based upon a review of the Annual Report on Form 10-K for the periodended December 31, 2002 of the Registrant (the “Report”):

 

(1)       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

(2)       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant.

 

 
| /s/  Robert W. Deutsch, Ph.D.                                         |   |   |
|----------------------------------------------------------------------------|--------|--------|
| Robert W.  Deutsch, Ph.D.  Chairman, President and Chief Executive Officer |
| March 31,  2003                                                            |

 

----
#### STATE of Louisiana v. Adam J. BLAZIO.

No. 2010-K-1781.

Supreme Court of Louisiana.

Feb. 4, 2011.

In re Blazio, Adam J.; —Defendant; Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, No. 05-2330; to the Court of Appeal, Fifth Circuit, No. 09-KA-851.

Denied.
<PAGE>

                                  Exhibit 10(a)
                         Consent of Independent Auditors

<PAGE>


                         Consent of Independent Auditors

We consent to the reference to our firm under the caption "Independent
Auditors" in the Statement of Additional Information and to the use of our
report dated February 14, 2003, with respect to the statutory-basis financial
statements and schedules of Western Reserve Life Assurance Co. of Ohio,
included in Pre-effective Amendment No. 1 to the Registration Statement
(Form N-4 No. 333-108525) and related Prospectus of Separate Account VA U.


                                              /s/ Ernst & Young LLP

Des Moines, Iowa
December 19, 2003
KPMG Peat Marwick LLP
     2500 Ruan Center
     P.O. Box 772
     Des Moines, IA 50303

                          INDEPENDENT AUDITORS' REPORT

The Board of Directors
Norwest Mortgage, Inc.:


We  have  examined  management's  assertion  about  Norwest  Mortgage  Banking's
compliance  with the minimum  servicing  standards  identified  in the  Mortgage
Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE
BANKERS (USAP) as of and for the year ended  December 31, 1996,  included in the
accompanying  management  assertion.   Management  is  responsible  for  Norwest
Mortgage  Banking's  compliance  with those  minimum  servicing  standards.  Our
responsibility  is to express an opinion  on  management's  assertion  about the
entity's compliance based on our examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining, on a test basis, evidence about Norwest Mortgage Banking's compliance
with the minimum servicing  standards and performing such other procedures as we
considered  necessary  in the  circumstances.  We believe  that our  examination
provides a reasonable basis for our opinion.  Our examination does not provide a
legal  determination on Norwest Mortgage  Banking's  compliance with the minimum
servicing standards.

In our opinion,  management's  assertion that Norwest  Mortgage Banking complied
with the aforementioned minimum servicing standards as of and for the year ended
December 31, 1996, is fairly stated, in all material respects.


                                                       /s/ KPMG Peat Marwick LLP




January 15, 1997





          Member Firm of
          KPMG International
EXHIBIT 32.1





CERTIFICATION PURSUANT
TO


EXCHANGE ACT RULE 15D-14(B)
AND


18 U.S.C. SECTION
1350








In
connection with the Quarterly Report of US Dry Cleaning Corporation
(the ”Company”) on Form 10-QSB for the period ended March 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Robert Y. Lee, Chief Executive Officer of the Company,
certify, to the best of my knowledge, pursuant to Exchange Act Rule 15d-14(b)
and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes
Oxley Act of 2002, that:





i.
      
      The Report fully complies with the requirements of Section 13(a) or 15(d)
      of the Securities Exchange Act of 1934;
and





ii.
      
      The information contained in the Report 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, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to US Dry Cleaning Corporation and will be
retained by US Dry Cleaning Corporation. and furnished to the Securities and
Exchange Commission or its staff upon request.








By:
            /S/ ROBERT Y.
      LEEName:
            Robert
      Y. LeeTitle:
            Chief
      Executive OfficerDate:
            May
      20, 2008
Department of the United States Air Force LogoBiography
                  United States Air ForceBrig. Gen. James R. Andersen
            Brigadier General JAMES ROY ANDERSENBorn on May 10, 1904, in Racine, Wisconsin, General James Roy Andersen was graduated from the U.S. Military Academy in 1926. That August, he joined the 2nd Infantry at Fort Sheridan Illinois, and served at Schofield Barracks, Hawaii; the Aberdeen (Maryland) Proving Ground Command and Picatinny Arsenal, New Jersey. Andersen as first lieutenant was with the Ordnance Department at Selfridge Field, Michigan from 1932-34. By 1936 he was promoted to captain and began cadet training, getting his wings at Kelly Field, Texas; and assignment to Hickam Field, Hawaii. During World War II he returned to West Point as an instructor, with promotion to colonel by early 1943. That June he went to the War Department General Staff in Plans. Andersen was promoted to brigadier general in January 1945, and went to the Pacific Theater where he was assigned as chief of staff of HQ AAF, Pacific Ocean Areas. He lost his life along with that of his commander, Lieutenant General Millard F. Harmon, Jr. on February 26, 1945, in an aircraft crash between Kwajalein and Johnston Island while en route to Hawaii.
North Field AFB, Guam was renamed Andersen AFB in his honor on October 7, 1949.
Reference:
Dupre, Flint O., Col. USAFR., USAF Biographical Dictionary – Andersen, p. 5Department of the Air Force Logo
<TABLE> <S> <C>


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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    DEC-31-1997

<CASH>                          3035179
<SECURITIES>                    6551446
<RECEIVABLES>                   31533062
<ALLOWANCES>                    1103546
<INVENTORY>                     0
<CURRENT-ASSETS>                43603499
<PP&E>                          2650475
<DEPRECIATION>                  1157000
<TOTAL-ASSETS>                  57436730
<CURRENT-LIABILITIES>           12931702
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        84128
<OTHER-SE>                      44420900
<TOTAL-LIABILITY-AND-EQUITY>    57436730
<SALES>                         85056572
<TOTAL-REVENUES>                85056572
<CGS>                           64096544
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<OTHER-EXPENSES>                0
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<INTEREST-EXPENSE>              684572
<INCOME-PRETAX>                 8780556
<INCOME-TAX>                    3352425
<INCOME-CONTINUING>             8561205
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<NET-INCOME>                    5428131
<EPS-PRIMARY>                   .78
<EPS-DILUTED>                   .70



</TABLE>
Form of Non Negotiable Certificate - Sustain Technologies, Inc.



 Exhibit 10.5(c) 
  
 Non-Negotiable Certificate 
 Representing an Employee Participant Interest in the 
 Daily Journal Corporation (“DJC”) Plan for
Supplemental Compensation 
 to an Employee, as long as that Employee Remains Employed by DJC or one of its Subsidiaries, 
 based on Pre-tax Earnings of Sustain Technologies Inc. (“Sustain”) 
  
                                  , 2003 
  
 This non-negotiable certificate represents the right of
                                     (the
“Employee”) to receive, in addition to all other compensation due or awarded: 
  

	 	(1)	 	in December 2003,             /1,805,053 of the pre-tax earnings of Sustain for the year ended September 30, 2003;
plus 

  

	 	(2)	 	in December of each of the following nine years, the same fraction of the pre-tax earnings of Sustain for the year ended the preceding September 30. 

  
 If more shares of DJC are issued for consideration (e.g., in a merger or public offering),
the denominator of the Employee’s fractional interest will be increased by the number of shares issued, effective with the first payment due thereafter, to reflect the share increase. Both the numerator and the denominator of the fraction will
be appropriately adjusted to reflect any changes in shares outstanding which occur without additional consideration to DJC, as in stock splits and stock dividends. 
  
 No additional payments will be made to the Employee under this or any other certificate after the employee either (1) shall have left the
employ of DJC, prior to the Employee’s reaching age 65, for any reason whatsoever (including but not limited to being unreasonably fired by DJC prior to reaching age 65) or (2) directly or indirectly enters the employ (either as a direct or
indirect employee or direct or indirect independent contractor) of any competitor of DJC or any of its subsidiaries whether such employment occurs before or after the Employee reaches age 65. 
  
 Compensation to the Employee under this certificate, and other such certificates issued to
the employee and other employees, shall not be deducted in making pre-tax earnings computations for the purpose of the Plan. Pre-tax earnings computations, for purposes of the Plan, shall be reasonable approximations made by DJC to facilitate
convenient and economical accounting practices and will be final and binding on the Employee. 
  
 Payments to be made under this non-negotiable certificate are in addition to payments to be made under unexpired certificates, if any, issued to the Employee in prior years. 
  
 IN WITNESS WHEREOF, this certificate is executed as of
                         , 2003. 
  
 DAILY JOURNAL CORPORATION 
  

		
	 By
	 	 
	 	

	 	 	Charles T. Munger, Chairman