alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Julius Dorn *v.*Jas. M. Keller, etc.

Wills — Construction—Contingent Remainder — Suit to Sell — Necessary Parties.

Under the will if Mrs. Keller should leave children or issue surviving her, they should take the estate in fee.

Held, that this contingent depending. on events which may or may not happen, the persons who may take such future interest, can .not for the time being be ascertained on account of the non-happening of the events on which such interest depend.

APPEAL FROM LOUISVILLE CHANCERY COURT.

February 10, 1872.

*Dorn, for appellant.*

*Bodley & Simrall, for appellees.*

Opinion of the Court by

Judge Peters :

This case seems to have 'been prepared with great care, and the proceedings seem to be regular. Under the will of her grandfather, if Mrs. Keller should leave children, or issue surviving her, they would take an estate in fee. But this is contingent depending on events which may or not happen. And the persons who may take such future interest cannot for the time being be ascertained on account of the non-happening of the events on which such interest depends.

As therefore it cannot be known to whom this future contingent interest may fall, if the contingency ever happens, it cannot be necessary to make others parties to the suit without knowing that they will ever have an interest in the property.

Moreover the party taking the present interest in the estate is to some extent made by the statute to represent the future claimants, because the statute requires that it shall be alleged and proved to the satisfaction of the court that the interests of all the claimants, present and future, will be subserved by a sale.

By the 2d section of the Act of the 23d of August, 1862, under which this suit is prosecuted, it is contemplated that those having a present, or vested interest in-the estate, shall be parties to suits authorized by said *act*— Myers *Supp., p.*427.

The Chancellor in this case has taken every precaution to protect the interests of all parties, and his judgment is *affirmed.*
<PAGE>
                                                                   EXHIBIT 10.24

                                 April 16, 2001

PERSONAL & CONFIDENTIAL

David M. Maddocks
924 North 77th Street
Seattle, WA  98103

David:

      I am pleased to confirm our offer of employment as Chief Executive Officer
at Converse Inc. ("the Company"). In this position you will report to the CEO,
Jack Boys. Your start date will be May 1, 2001.

COMPENSATION:

      If you decide to join us, you will receive an annual salary of $158,000.00
which will be paid commensurate with the normal payroll cycle of the company.
The following benefits will be provided by Converse, Inc.

                                BENEFITS PACKAGE

EMPLOYEE BENEFITS:

      You will be eligible for medical and dental benefits based upon the
Company's Employee Benefit Program.

PAID TIME OFF:

      You will be eligible for twenty days of Paid Time Off (PTO) on an annual
basis to be used for vacation, illness or personal business. Additionally,
floating holidays will be determined on a Company-wide basis annually.

MANAGEMENT INCENTIVE PLAN:

      You will be participating in the Executive Management Incentive Plan,
which provides for bonus compensation based upon both the Company's and your
individual performance. This Plan is subject to Board of Directors approval.

STOCK INCENTIVE PLAN:

      You will participate in the Executive Management Stock Incentive Plan.
This Plan is subject to Board of Directors approval.


<PAGE>

SEPARATION:

      If the employee is terminated for any reason other than material
misconduct or criminal action, the Company will pay six months of salary based
on employees existing level of annual compensation.

RELOCATION:

      Reasonable relocation costs to be mutually agreed upon and up to six
months of temporary living expenses will be provided by the Company.

      To indicate your acceptance of the Company's offer, please sign and date
this letter in the space provided below and return it to me within one week from
the date of this letter. This letter, along with any agreements relating to
confidential information between you and Converse Inc., set forth the terms of
your employment with Converse, Inc. and supersedes any prior representations or
agreements, whether written or oral. This letter may not be modified or amended
except by a written agreement, signed by Converse Inc. and by you.

      Please contact me if you have any questions regarding this employment
offer or any points covered in this letter. We look forward to receiving your
positive response and look forward to working with you as you join, the Converse
team.

      I hereby agree and/or accept employment with Converse, Inc. and the terms
set forth above. I understand and agree to keep the contents of this letter
confidential.

Signature and Date:


/s/ Marsden Cason
--------------------------------
Marsden Cason, President
Footwear Acquisitions, Inc.


Signature and Date:


/s/ David Maddocks
--------------------------------
David M. Maddocks
*Local rule 47.5 provides: “The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession.” Pursuant to that Rule, the Court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 _____________________

No. 95-20175

Summary Calendar

 _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GARY ARTHUR,

Defendant-Appellant.

_______________________________________________________

Appeal from the United States District Court for

the Southern District of Texas

(CR-H-94-120-4)

_______________________________________________________

November 17, 1995

Before POLITZ, Chief Judge, REAVLEY and SMITH, Circuit Judges.

PER CURIAM:*

Gary Arthur appealed his criminal conviction to this court. 

Subsequent to his appeal, he died. “When a defendant dies

pending direct appeal of his criminal conviction, not only the

appeal but also all proceedings had in the prosecution from its

inception are abated.” United States v. Cammarata, 721 F.2d 134

(5th Cir. 1983).
2

We have been provided Arthur’s death certificate. Arthur’s

attorney has filed a motion to dismiss the appeal based upon

Cammarata. The government agrees. Therefore, the motion is

granted, the appeal is dismissed as moot, and the case is

remanded with directions to the District Court to vacate the

judgment and dismiss the superseding indictment in United States

v. Arthur, Docket No. CR-H-94-120-4, United States District

Court, Southern District of Texas, Houston Division.

REMANDED WITH DIRECTIONS.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

Pierre G. Thorsen,

Plaintiff,

v.

Community Unit School District 300,

Defendant.

 Case No. 3:20-cv-50132

 

 Judge Iain D. Johnston

 Magistrate Judge Margaret J. Schneider 

 

 

JOINT STATUS REPORT

Plaintiff Pierre G. Thorsen (“Thorsen”) and Defendant Community Unit School District 

300 (“D300”), hereby submit the following joint status report:

A. Defendant, D300, and Plaintiff, Thorsen, submitted Rule 26(1) disclosures on or 

about August 30, 2021.

B. Plaintiff submitted his responses to a Request to Admit and Interrogatories on or 

about October 29, 2021.

C. Defendant answered Interrogatories and a Notice to Produce on December 16, 2021, 

with many objections which included objections based on State and Federal 

limitations on the disclosure of student record information. Defendant supplemented 

its production on January 29, 2022. Defendant has produced over 600 pages of 

responsive records in addition to the substantive responses to Plaintiff’s 

Interrogatories and Requests to Produce. 

D. On December 17, 2021, Plaintiff initially requested a F.R.C.P. 26 (b)(5) privilege log 

regarding documents withheld for privilege. The District provided Plaintiff with a 

privilege log on January 29, 2022.

Case: 3:20-cv-50132 Document #: 88 Filed: 06/27/22 Page 1 of 2 PageID #:1092
2

E. Plaintiff and Defendant have not resolved their differences over the District’s 

discovery responses, despite exchanges over the past months. The District continues 

to maintain that it has provided relevant information in its possession proportionate to 

the needs of the case. Plaintiff continues to seek discovery of additional information.

This court has received briefs on Plaintiff's Motion to Compel.

F. CUSD 300 took the deposition of Pierre Thorsen on June 7, 2022. Pierre Thorsen 

took the depositions of Mike Williamson, June 8, 2022, and Colleen O' Keefe, June 

16, 2022. Thorsen is set to take Lynn Adler, June 30, 2022, and Kara McMahon in 

early July 2022. CUSD 300 has no other witnesses disclosed order F.R.Civ.P.26.

G. Pierre Thorsen has been attempting to take the deposition of Aliyah Chaudhry, with 

the cooperation of her approved counsel. District 300 has just learned of this attempt 

and objects to the necessity and relevance of this deposition

H. The parties expect to complete depositions fact discovery by August 15, 2022.

Dated: June 27, 2022

PIERRE G. THORSEN

By: /s/Timothy J. Lowery

 Timothy J. Lowery

 Hanson Law Group LLP

 1000 Hart Road, Suite 300

 Barrington IL 60010

 P: 847-277-9988

 timlowery@hansonlawgrp.com

 keithhanson@hansonlawgrp.com

 elizabethgordon@hansonlawgrp.com

 nancymondragon@hansonlawgrp.com

Dated: June 27, 2022

COMMUNITY UNIT SCHOOL 

DISTRICT 300

By: /s/ Abigail Rogers

 Abigail C. Rogers

 Engler Callaway Baasten & Sraga LLC

 2215 York Road, Suite 400

 Oak Brook IL 60523

 P: 630-313-4750

 arogers@ecbslaw.com

 

 

Case: 3:20-cv-50132 Document #: 88 Filed: 06/27/22 Page 2 of 2 PageID #:1093
**EXHIBIT 10.45****GOOD FAITH AMENDMENT TO THE****BIOMEDREALTY, L.P. 401(K) RETIREMENT SAVINGS PLAN**     BIOMED REALTY, L.P. (the “Employer”) hereby amends the BIOMED REALTY, L.P.401(K) RETIREMENT SAVINGS PLAN to be effective as specified below.     Paragraph DD.1 of Article I is deleted and replaced with the following:     1. Effective March 28, 2005, the $5,000 involuntarycash-out distribution limit shall be decreased to $1,000.     This Amendment shall not reduce the Account Balance of any Participantdetermined as of the later of December 31, 2004 or the date this Amendment isadopted.     This Amendment shall be effective as of March 28, 2005.     IN WITNESS WHEREOF, the Employer executes this Amendment on this 17thday of November, 2005.      EMPLOYER:
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 215 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 215

Recognizing the successful struggle of the people of Jamaica for their 
                         nation's independence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 1997

 Mr. Rangel submitted the following resolution; which was referred to 
                the Committee on International Relations

_______________________________________________________________________

                               RESOLUTION

 
Recognizing the successful struggle of the people of Jamaica for their 
                         nation's independence.

Whereas on August 6, 1962, the people of Jamaica were granted their independence 
        from Great Britain;
Whereas the people of Jamaica will celebrate the anniversary of their nation's 
        independence from August 1 to August 4, 1997;
Whereas the people of Jamaica have practiced a representative democracy for 53 
        years since the establishment of internal self-governance in 1944;
Whereas, under the Administration of Prime Ministers Michael Manley and P.J. 
        Patterson, Jamaica has played a leadership role in stimulating trade-
        based economic development, promoting democracy, fighting illicit 
        narcotics trade, and fostering the observance of human rights in the 
        Caribbean region;
Whereas more than 2,000,000 Americans are of Jamaican descent and Jamaican-
        Americans have made a rich contribution to our society;
Whereas Jamaica and the United States benefit from a healthy commercial 
        relationship that exceeded $2,300,000,000 in 1996; and
Whereas Jamaica and the United States enjoy strong cultural and social links: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the successful struggle of the people of 
        Jamaica for their nation's independence from Great Britain;
            (2) celebrates the strong and entrenched tradition of 
        democratic governance in Jamaica; and
            (3) recognizes the richness of the contribution by 
        Jamaican-Americans to the economic, political, social, and 
        cultural life of the United States.
                                 <all>
```
9615.

#### Simmons, *alias*Kennedy, *v.*The State.

Decided May 1, 1918.

Conviction of manslaughter; from Randolph superior court-judge Worrill. February 12, 1918.

*Charles W. Worrill,*for plaintiff in error.

*B. T. Castellow, solicitor-general, B. B. Arnold,*contra.

Bloodworth, J.

The grounds of the motion for a new trial are the usual general grounds and amplifications of those grounds; there is some evidence to support the verdict, which is approved by the trial judge, and, under repeated rulings, this court is not authorized to interfere.

*Judgment affirmed.*

*Broyles, P. Jand Harwell, J., concur.*
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##### 



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 Metalico, Inc. (the Company) on Form 10-Q for the
period ending March 31, 2005, as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned Chief Executive Officer hereby certifies, pursuant to 18
U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that based on 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 represents, in all material
respects, the financial condition and results of operations of the Company as of and
for the periods covered in the Report. May 16, 2005/s/ Carlos E. AgüeroCarlos E. AgüeroChairman, President and Chief Executive Officer
 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 Metalico, Inc. and will be retained by Metalico, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request. The foregoing certification is being furnished to the Securities and Exchange Commission as an
exhibit to the Form 10-Q and shall not be considered filed as part of the Form 10-Q.
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No. 87-6591.

#### Bradberry *v.*United States.

C. A. 5th Cir. Certiorari denied.
IV

House Calendar No. 18

105TH CONGRESS

1ST SESSION H. RES. 117

[Report No. 105–57]

Providing for consideration of motions to suspend the rules.

IN THE HOUSE OF REPRESENTATIVES

APRIL 16, 1997

Mr. HASTINGS of Washington, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered

to be printed

RESOLUTION

Providing for consideration of motions to suspend the rules.

1 Resolved, That it shall be in order at any time on

2 Wednesday, April 23, 1997, or on Thursday, April 24,

3 1997, for the Speaker to entertain motions that the House

4 suspend the rules. The object of any motion to suspend

5 the rules shall be announced from the floor at least one

6 hour prior to its consideration. The Speaker or his des7 ignee shall consult with the minority leader or his designee

8 on the designation of any matter for consideration pursu9 ant to this resolution.
House Calendar No. 18

105TH CONGRESS

1ST SESSION H. RES. 117

[Report No. 105–57]

RESOLUTION

Providing for consideration of motions to suspend

the rules.

APRIL 16, 1997

Referred to the House Calendar and ordered to be

printed
exv10w1



 






EXHIBIT 10.1




SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT




     THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is
made and entered into this 6th day of May, 2004, by and between SM REAL ESTATE
FUND VII, LTD., a Texas limited partnership (“Seller”), and TRIVEST RESIDENTIAL
LLC, a Texas limited liability company (“Purchaser”).



RECITALS




     A. Purchaser and Seller have previously entered into that certain Purchase
and Sale Agreement dated February 20, 2004 (as previously amended, the
“Contract”), pertaining to certain land and improvements thereon located in San
Antonio, Bexar County, Texas and locally known as the Fifth Avenue Apartments
(the “Property”); and



     B. The parties desire to amend the Contract as set forth below.



     NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto do hereby agree as
follows:



     1. The third sentence of Section 6.1(d) of the Contract shall be amended
by replacing “the fifteenth (15th) day of the Extension” with “May 11, 2004”.



     2. All terms capitalized but not defined herein will have the meaning
ascribed to them in the Contract.



     3. Except as expressly modified by this Amendment, the terms and
conditions of the Contract will remain in full force and effect.



     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date set forth above.



	 	 	 
	SELLER:

	 	S/M REAL ESTATE FUND VII, LTD.,
	

	 	a Texas limited partnership
	 
	 	 
	

	 	By: SM7 Apartment Investors, Inc.
	

	 	a Texas corporation
	

	 	Its: General Partner
	 
	 	 
	

	 	By: /s/ Richard Hoffmann
	

	 	
 
	

	 	Richard Hoffmann, President
	 
	 	 
	PURCHASER:

	 	TRIVEST RESIDENTIAL LLC,
	

	 	a Texas limited liability company
	 
	 	 
	

	 	By: /s/ Ron Taylor
	

	 	
 
	

	 	Ron Taylor, Member
1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GARY LEFF,

Plaintiff,

v.

ALLYSON ESTEY,

Defendant.

Case No. 20-cv-2272

Judge Mary M. Rowland

MEMORANDUM OPINION AND ORDER

Plaintiff Gary Leff (“Leff”) has brought suit against a former business partner, 

Allyson Estey (“Estey”) alleging breach of contract.1 Estey has withdrawn her 12(b)(6) 

motion for failure to state a claim, but not her motion to stay pursuant to Rule 12(b)(1) 

until a related case is resolved by the Delaware Chancery Court. (Dkt. 26, 1 n.1). 

After Estey’s 12(b)(1) motion was filed and briefed, the suit pending in Delaware was 

dismissed. Midwest SRO, LLC v. Leff, No. 2020-02770-JTL, 2020 WL 6079169 (Del. 

Ch. Oct. 14, 2020). Therefore, Estey’s motion to stay these proceedings (Dkt. 17) is

denied as moot. A status hearing has been set for March 2, 2021 at 9:30 AM. (Dkt. 34). 

Dated: February 19, 2021

E N T E R:

MARY M. ROWLAND

United States District Judge

 

1 This is a diversity suit: the parties are citizens of different states and the amount in controversy 

exceeds $75,000.

Case: 1:20-cv-02272 Document #: 35 Filed: 02/19/21 Page 1 of 1 PageID #:497