alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### J. A. Shropshire et ux *v.*Richard Brock et ux.

Parent and Chiid — Deed for Support of Parent — Consideration.

A deed given a son, providing as a consideration, for the support of the parent, will be vacated subsequently, on proof shown that the conditions imposed were not complied with. And a subsequent conveyance by the father will be upheld.

APPEAL FROM HARRISON CIRCUIT COURT.

April 22, 1868.

Opinion of the Court by

Judge Williams:

The deed *inter parte*between James Barnett and his son William of September 5, 1840, conveying the tract of 57% acres of land by the former to the latter was in consideration of love and affection, the agreement of the latter to “furnish him with boarding, clothing, washing, lodging and all attendance and care, medicine and everything else by him needed or which may be necessary for the decent and comfortable support of him according to his condition.”

It is evident that the main inducement to this conveyance was the immediate and continuing support of the old man during his life, instead, however, of entering upon the discharge of his under*128taking and controlling the land William Barnett seems not to have further performed nor to have claimed any benefit from the conveyance, but to have left his father in the undisturbed control of the land and to get his living as best he could, he, indeed, on several occasions repudiated any interest in the land or rights under the deed.

Trimble, *for appellant.*

*J. Q.*Ward, *for appellee.*

Brock and wife removed .to the land, and Mrs. Brock seems to have cared for her father and rendered him as comfortable as their limited means and her small opportunities would permit.

Mr. Barnett remained in the neighborhood some'fifteen years after the making of the deed without providing for his father or taking possession of the land, and then removed to Missouri some ten years before his father’s death, he having also died some two or more years before his father.

James Barnett by last will devised said land some eighteen or twenty years after the deed, leaving a portion to his daughter, Mrs. Brock, and the remainder to his son John’s children.

Mrs. Shropshire being a daughter and heir of Mr. Barnett, deceased, brought this suit, asserting title to said land under said deed of September 5, 1840, and the chancellor having adjudged against her, she and her husband prosecute this appeal. We concur with the chancellor that the evidence shows a total non-performance of the main and essential, consideration and manifests an entire abandonment of the contract, and after an utter disregard of his filial duties and covenants for about twenty-five years the claim of William Barnett’s heirs to set up the deed, and claim its benefits without .the performance of its consideration in opposition to the testator’s will cannot prevail.

Wherefore, the judgment is *affirmed.*
Exhibit 18

















February 18, 2010














Board of Directors


ITT Educational Services, Inc.


13000 North Meridian Street


Carmel, IN  46032





Dear Directors:





We are providing this letter to you for inclusion as an exhibit to your Form 10-K filing pursuant to Item 601 of Regulation S-K.





We have audited the consolidated financial statements included in the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 and issued our report thereon dated February 18, 2010.  Note 1to the financial statements describes a change in accounting
principle for direct costs relating to the enrolment of new students ("direct marketing costs").  It should be understood that the preferability of one acceptable method of accounting over another for direct marketing costs has not been addressed in any authoritative accounting literature, and in expressing our concurrence below we have relied on management’s determination that this change in accounting principle is preferable.  Based on our reading of management’s stated reasons
and justification for this change in accounting principle in the Form 10-K, and our discussions with management as to their judgment about the relevant business planning factors relating to the change, we concur with management that such change represents, in the Company’s circumstances, the adoption of a preferable accounting principle in conformity with Accounting Standards Codification 250, Accounting Changes and Error Corrections.





Very truly yours,











/s/ PricewaterhouseCoopers LLP


PricewaterhouseCoopers LLP


Indianapolis, Indiana
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Mary Smith,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03774-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss PLLC - Birmingham, AL

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/14/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: November 27, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9155 Filed 12/06/17 Page 1 of 1
<PAGE>

                                                                    EXHIBIT 32.1

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

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and accompanies the quarterly report on Form 10-Q (the "Form 10-Q") for
the period ended September 30, 2003 of MPW Industrial Services Group, Inc. (the
"Issuer") as filed with the Securities and Exchange Commission on this date
hereof. I, Monte R. Black, Chief Executive Officer of the Company, certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

     (i)  the Form 10-Q fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); and

     (ii) the information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

Dated: November 14, 2003

                                                /s/ Monte R. Black
                                     -------------------------------------------
                                                   Monte R. Black

                                      Chairman of the Board of Directors, Chief
                                       Executive Officer, President and Chief
                                                 Operating Officer
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**EXHIBIT 35.1**

**SERVICER COMPLIANCE STATEMENT**

**OF CITIBANK, N.A.**

**FOR THE FISCAL YEAR ENDED DECEMBER 31, 2012**

The undersigned, a duly authorized officer of Citibank, N.A., as Servicer under the Second Amended and Restated Poolingand Servicing Agreement dated as of August 9, 2011 (the “Pooling and Servicing Agreement”) as supplemented by the Amended and Restated Series 2000 Supplement thereto dated as of August 9, 2011 (the “Series 2000Supplement” and, together with the Pooling and Servicing Agreement, the “Agreement”) each between Citibank, as Seller and Servicer, and Deutsche Bank Trust Company Americas, as Trustee; and as Managing Beneficiary of Citibank CreditCard Issuance Trust (the “Issuing Entity”) under the Amended and Restated Indenture dated as of August 9, 2011 (the “Indenture”) between the Issuing Entity and Deutsche Bank Trust Company Americas, as Trustee, does herebycertify that: 

1. Citibank is the Servicer under the Agreement and the Managing Beneficiary of the Issuing Entity. 

2. A review of the servicing activities of Citibank during the fiscal year ended December 31, 2012 (the “ReportingPeriod”) and of its performance under the Agreement and the Indenture was conducted under my supervision. 

3. To the bestof my knowledge, based on such review, Citibank has fulfilled all of its servicing obligations under the Agreement and the Indenture in all material respects throughout the Reporting Period. 

IN WITNESS WHEREOF, the undersigned has duly executed this certificate this 27th day of March, 2013.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Janice Bourn,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04682-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: December 20, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9450 Filed 12/22/17 Page 1 of 1
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1999 AND FROM THE
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           3,582
<SECURITIES>                                         0
<RECEIVABLES>                                    7,624
<ALLOWANCES>                                       807
<INVENTORY>                                      6,905
<CURRENT-ASSETS>                                17,305
<PP&E>                                         249,208
<DEPRECIATION>                                 119,113
<TOTAL-ASSETS>                                 195,181
<CURRENT-LIABILITIES>                           34,579
<BONDS>                                        159,806
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      (4,615)
<TOTAL-LIABILITY-AND-EQUITY>                   195,181
<SALES>                                         68,364
<TOTAL-REVENUES>                                73,489
<CGS>                                           19,339
<TOTAL-COSTS>                                   57,475
<OTHER-EXPENSES>                                16,291
<LOSS-PROVISION>                                   179<F1>
<INTEREST-EXPENSE>                               4,283
<INCOME-PRETAX>                                   (277)
<INCOME-TAX>                                       106
<INCOME-CONTINUING>                               (171)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                         (340)
<NET-INCOME>                                      (511)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>THE PROVISION FOR DOUBTFUL ACCOUNTS AND NOTES IS PRESENTED WITHIN OPERATING
EXPENSES IN THE ACCOMPANYING CONSOLIDATED FINANCIAL STATEMENTS AND IS INCLUDED
IN TOTAL COSTS ABOVE.
</FN>
        

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BUDGET GROUP, INC. FOR THE TWELVE MONTH PERIOD ENDED
DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         545,478
<SECURITIES>                                         0
<RECEIVABLES>                                  397,503
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                  2,747,717
<CURRENT-ASSETS>                             3,690,698
<PP&E>                                         213,018
<DEPRECIATION>                                       0<F2>
<TOTAL-ASSETS>                               4,983,262
<CURRENT-LIABILITIES>                          526,671
<BONDS>                                      3,513,084
<PREFERRED-MANDATORY>                          291,160
<PREFERRED>                                          0
<COMMON>                                           360
<OTHER-SE>                                     651,987
<TOTAL-LIABILITY-AND-EQUITY>                 4,983,262
<SALES>                                      1,928,875
<TOTAL-REVENUES>                             1,928,875
<CGS>                                                0
<TOTAL-COSTS>                                1,719,756
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             189,421
<INCOME-PRETAX>                                 19,698
<INCOME-TAX>                                     5,241
<INCOME-CONTINUING>                              4,500
<DISCONTINUED>                                  (8,131)
<EXTRAORDINARY>                                (45,296)
<CHANGES>                                            0
<NET-INCOME>                                   (48,927)
<EPS-BASIC>                                       0.14
<EPS-DILUTED>                                     0.14
<FN>
<F1>RECEIVABLES ARE REPORTED NET OF ALLOWANCES FOR DOUBTFUL ACCOUNTS ON THE
BALANCE SHEET
<F2>PROPERTY, PLANT & EQUIPMENT IS REPORTED NET OF ACCUMULATED DEPRECIATION ON
THE BALANCE SHEET
</FN>


</TABLE>
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 eMagin Corporation (the “Company”) on Form 10-Q/A   for the quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Andrew G. Sculley, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section  350 of the Sarbanes-Oxley Act of 2002, that:





(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 Company.





The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.





Dated:  October 7, 2011
By:
/s/ Andrew G. SculleyAndrew G. SculleyChief Executive Officer(Principal Executive Officer)