alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Eaker *v.*R. T. Albritton.

Mortgages — When Lien Does Not Attach to Proceeds of Mortgaged Property.

.■Where mortgaged property is sold by the mortgagor with the consent of the mortgagee, the lien of the mortgagee does not attach to the proceeds of the sale in the hands of the mortgagor.

APPEAL PROM GRAVES CIRCUIT COURT.

April 1, 1873.

Opinion by

Judge Pryor:

The only construction to> be placed upon the language used in the mortgage out of which this litigation has arisen is “that it was an attempt to mortgage after-acquired property.” The appellant had no right or title to the goods except by virtue of this writing. The right to use, sell and control the proceeds was with the mortgagor, and the only trust created is such as arises upon the execution of every mortgage if the goods belonged originally to the appellant, and he had constituted the mortgagor his agent only to sell, as. contended for; the writing here is: “I am1 to. have the right to sell by retail said groceries and replenish my stock and the goods hereafter bought to stand in lieu of such as I sell until said indebtedness is paid.” Under this writing when the goods were sold that were mortgaged the title of the appellant went with themi and those after-wards purchased were not embraced by its terms, at least as against third parties. This same question was decided in the case of *Austin Cochran, etc., v. Pindell,*and also in the case of *Ross v. Wilson*
      *599
      *Peter & Co., 7*Bush 29; also in case of *McChesney & Co. v. Ford,*manuscript opinion delivered at the present term. It is immaterial whether the after-acquired goods were purchased with the proceeds of those sold or not. When the mortgagor gets the money into his pocket from the sale of the property mortgaged by the consent of the mortgagee the lien of the latter is gone. In the-illustration given by counsel for appellant, where A. mortgages to B. a house and A. sells the house and buys a yoke of oxen, there is no question but-what the lien is lost when B. not only consents to the sale but authorizes it, as in this case. The property upon which the lien existed having been sold by his consent the lien is thereby released.

*R. K. Williams, for appellant.*

*A. B. Stubblefield, W. H. Miller, for appellee.*

Judgment *affirmed.*
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 January 25, 2019

Order 

Clerk

January 25, 2019

158141(55)

KAITLIN HAHN, Plaintiff-Appellee,

SC: 158141

v COA: 336583

Oakland CC: 2016-152229-NF

GEICO INDEMNITY COMPANY, Defendant-Appellant,

and

AUTOMOBILE CLUB INSURANCE

ASSOCIATION,

Defendant.

___________________________________________/

On order of the Chief Justice, the motion of defendant-appellant to extend 

the time for filing its reply is GRANTED. The reply will be accepted as timely filed if 

submitted on or before January 29, 2019.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 79 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 79

   Amending the Rules of the House of Representatives to discourage 
                      frivolous ethics complaints.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 1997

  Mr. Burton of Indiana submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
   Amending the Rules of the House of Representatives to discourage 
                      frivolous ethics complaints.

    Resolved,

SECTION 1. FRIVOLOUS ETHICS COMPLAINTS.

    (a) Clause 4(e)(2) of rule X is amended by adding at the end the 
following:
    ``(G)(i) At any time, the committee may, by an affirmative vote of 
a majority of its total membership, determine that a complaint filed 
against a member is frivolous and baseless.
    ``(ii) The committee may make such a determination if it deems that 
the complaint filed against a member has no basis in fact, the alleged 
violation is of such a minor and technical nature that it does not 
reflect discredit upon the House or its Members, the complaint was 
filed for purely partisan reasons and not out of concern for 
maintaining the ethical standards of the House, or the complaint is 
part of a pattern of abuse and misuse of the Committee on Standards of 
Official Conduct.
    ``(iii) In the case of any complaint deemed frivolous and baseless, 
the committee shall determine the costs of its inquiry and report such 
costs to the Committee on House Oversight, the Clerk of the House, and 
the public.
    ``(iv) If a complaint deemed frivolous and baseless by the 
committee is filed by a Member of Congress, that member's `Member's 
Representational Account' (MRA), shall be charged for the costs of the 
committee's inquiry. If such complaint is filed by more than one 
member, each member's MRA shall be charged proportionately.
    ``(v) At its discretion, and by a vote of a majority of its total 
membership, the committee may rule that a member or members who have 
filed a frivolous and baseless complaint may repay the costs of the 
inquiry over a period of greater than 1 year.
    ``(vi) Alternatively, the committee may, by an affirmative vote of 
a majority of its total membership, recommend to the House that the 
Member or Members responsible for filing a frivolous and baseless 
complaint be fined an appropriate amount.''.
                                 <all>
```
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37309

STATE OF IDAHO

,

Plaintiff-Respondent

,

v.

MARC PHILLIP CONNOR

,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2010 Unpublished Op inion No. 612

Filed: August 25, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, S tate of Idaho,

Jerome County. Hon. John K. Butler , District Judge.

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two years

, for burglary

, affirmed

.

Molly J. Huskey, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General ; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

________________________________________________

Before LANSING, Chief Judge, GUTIERREZ, Judge

and MELANSON, Judge

PER CURIAM

Marc Phillip Connor was convicted of burgl ary , Idaho Code § 18

- 1401 . The district

court imposed a unified sentence of five years, with a minimum period of confinement of two

years

. Connor appeals, contending that the sentence is excessive.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of a sentence are well established and

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

-
15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho2

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Connor ’s judgment of conviction and sentence are affirmed.
<PAGE>   1
                         PATRIOT SCIENTIFIC CORPORATION

                                 EXHIBIT 10.4.1

                  LETTER AMENDMENT TO STOCK PURCHASE AGREEMENT


                                       15
<PAGE>   2
                  Letter Amendment to Stock Purchase Agreement
                             Dated January 31, 1996


SEA Ltd.
P.O. Box N-918
Nassau, Bahamas

This letter agreement documents our prior oral discussions regarding the
extension date on the non-transferable warrant included in the Stock Purchase
Agreement dated November 29, 1995. Whereas this warrant was to expire on
February 1, 1996, the Board of Directors voted to extend the warrant as outlined
herein at its meeting on January 30, 1996.

Item 5. of the Stock Purchase Agreement is hereby amended in its entirety to
read as follows "In connection with the above, you are hereby granted a
non-transferable Warrant to purchase an additional 500,000 shares at the same
price of $.50 per share until the earlier of 30 days after the notice of any
registration of the shares in Item 3, if and when effective, or July 10, 1996,
but in any event this warrant shall expire on July 10, 1996."

This amendment is executed by the parties as of the date above.


Patriot Scientific Corporation


ELWOOD G. NORRIS
----------------
Elwood G. Norris
President and CEO




SEA Ltd.


E. DAWSON ROBERTS
-----------------
President
E. Dawson Roberts
February 1st, 1996


                                       16
**Exhibit 32.2**

 

 

**CERTIFICATION**

 

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of ING USA Annuity and Life Insurance Company (the “Company”) hereby certifies that, to the officer’s knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2008 (the “Report”) fully complies with the requirements of Section 13 or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

 

| May 12, 2008 | By: /s/ | Valerie G. Brown                    |
|------------------------|--------------|-----------------------------------------------|
| (Date)                 |         | Valerie G. Brown

President

  |
Exhibit (23)



                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report dated  February 21, 2003  included or  incorporated  by reference in this
annual  report on Form  10-K,  into the  Company's  previously  filed:  Form S-8
Registration Statement,  File Number 333-44471; Form S-3 Registration Statement,
File  Number  333-13929;  and  Form  S-3  Registration  Statement,  File  Number
333-74481.




                                                    /s/ Margolis & Company P.C.
                                                    ----------------------------
                                                    Margolis & Company P.C.
                                                    Certified Public Accountants





Bala Cynwyd, Pennsylvania
April 11, 2003
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

###### Employment and Training Administration

          - [TA-W-85,479]

                    In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on September 14, applicable to workers of GDF SUEZ Mt. Tom Power Plant, a subsidiary of GDF SUEZ Energy North America, including on-site leased workers from Guidant Group, Holyoke, Massachusetts. The Department's notice of determination was published in the                           ( print page 70207)    **Federal Register**                     on September 11, 2014 (79 FR 179).                

In response to a petition filed by the International Brotherhood of Electrical Workers, Local 455 on behalf of workers at GDF SUEZ Energy North America, Holyoke, Massachusetts, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of electricity.

The state workforce office reports that on-site leased workers from ATEECA also worked on-site at the subject firm.

Based on these findings, the Department is amending this certification to include on-site leased workers from ATEECA, Holyoke, Massachusetts.

The amended notice applicable to TA-W-85,479 is hereby issued as follows:

All workers of GDF SUEZ Mt. Tom Power Plant, a subsidiary of GDF SUEZ Energy North America, including on-site leased workers from Guidant Group and ATEECA, Holyoke, Massachusetts, who became totally or partially separated from employment on or after August 12, 2013, through September 4, 2016, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.

Signed in Washington, DC, this 16th day of October, 2014.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2014-27785 Filed 11-24-14; 8:45 am]

BILLING CODE 4510-FN-P
<PAGE>   1






                                   EXHIBIT 5

                  OPINION AND CONSENT OF JACKSON WALKER L.L.P.


<PAGE>   2






                                 April 29, 1998

TCA Cable TV, Inc.
3015 SSE Loop 323
Tyler, Texas 75701

         Re:      Registration Statement on Form S-8 of TCA Cable TV, Inc.

Gentlemen:

         We are acting as counsel for TCA Cable TV, Inc., a Texas corporation
(the "Company"), in connection with the registration under the Securities Act of
1933, as amended (the "Act"), of the offering and sale of up to 330,000 shares
of the Company's Common Stock, par value $0.10 per share (the "Shares"), which
Shares are issuable upon the exercise of Options ("Options") granted or to be
granted from time to time to eligible persons pursuant to the provisions of the
TCA Cable TV, Inc. Second Amended and Restated Incentive Stock Option Plan (the
"Plan"). A Registration Statement on Form S-8 covering the offering and sale of
the Shares (the "Registration Statement") is expected to be filed with the
Securities and Exchange Commission (the "Commission") on or about the date
hereof.

         In reaching the conclusions expressed in this opinion, we have examined
and relied upon the originals or certified copies of all documents, certificates
and instruments as we have deemed necessary to the opinions expressed herein,
including the Company's Articles of Incorporation, as amended, the Bylaws of the
Company and a copy of the Plan. In making the foregoing examinations, we have
assumed the genuineness of all signatures on original documents, the
authenticity of all documents submitted to us as originals and the conformity to
original documents of all copies submitted to us.

         Based solely upon the foregoing, subject to the comments hereinafter
stated, and limited in all respects to the laws of the State of Texas and the
federal laws of the United States of America, it is our opinion that the Shares
and the accompanying Preferred Share Purchase Rights, when issued by the Company
in accordance with the terms of the Plan and the Options for consideration
having not less than the par value thereof, will be validly issued, fully paid
and nonassessable.

         We hereby consent to the use of this opinion as Exhibit 5 to the
Registration Statement. In giving this consent, we do not admit that we come
within the category of persons whose consent is required under Section 7 of the
Act or the rules and regulations of the Commission promulgated thereunder.

                                Very truly yours,

                              Jackson Walker L.L.P.
<PAGE>   1
                                                               EXHIBIT 23.4


                       CONSENT OF INDEPENDENT ACCOUNTANTS

         We consent to the inclusion in this registration statement on Form S-1
of our report dated February 8, 1997, on our audits of the consolidated 
financial statements of Benchmark Communications Radio Limited Partnership. We 
also consent to the reference to our firm under the caption "Experts".



                                            COOPERS & LYBRAND L.L.P.

Dallas, Texas
May 1, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           4,858
<SECURITIES>                                       888
<RECEIVABLES>                                   13,252
<ALLOWANCES>                                       541
<INVENTORY>                                      7,092
<CURRENT-ASSETS>                                26,694
<PP&E>                                           9,036
<DEPRECIATION>                                   2,604
<TOTAL-ASSETS>                                  50,443
<CURRENT-LIABILITIES>                           19,461
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         51
<COMMON>                                           242
<OTHER-SE>                                      30,570
<TOTAL-LIABILITY-AND-EQUITY>                    50,443
<SALES>                                          5,514
<TOTAL-REVENUES>                                 5,514
<CGS>                                            4,008
<TOTAL-COSTS>                                    4,008
<OTHER-EXPENSES>                                 6,806
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,023)
<INCOME-PRETAX>                                (6,214)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,214)
<DISCONTINUED>                                    (88)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,302)
<EPS-PRIMARY>                                    (.29)
<EPS-DILUTED>                                    (.29)
        

</TABLE>
<PAGE>
                                  EXHIBIT 32(a)

                                  CERTIFICATION


               In connection with the accompanying Quarterly Report on Form 10-Q
          (the "Report") of Lindsay Manufacturing Co. (the "Company") for the
          quarter ended May 31, 2005, I, Richard W. Parod, Chief Executive
          Officer of the Company and I, David B. Downing, Chief Financial
          Officer of the Company, hereby certify pursuant to 18 U.S.C. Section
          1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
          2002, to my knowledge, 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.


               /s/ RICHARD W. PAROD
               -------------------------------
               President and Chief Executive Officer
               Richard W. Parod


               /s/ DAVID B. DOWNING
               -------------------------------
               Vice President and Chief Financial Officer
               David B. Downing


               July 11, 2005

               A signed original of this written statement required by Section
          906 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.


                                       28
EXHIBIT 21

                       MERCANTILE STORES COMPANY, INC.
                           SUBSIDIARY SCHEDULE
                          AS OF JANUARY 31, 1998
																						               STATE OF
SUBSIDIARY COMPANY			       INCORPORATION

J. BACON & SONS					                         KENTUCKY
THE CASTNER-KNOTT DRY GOODS COMPANY 	        TENNESSEE
THE O. J. deLENDRECIE COMPANY			             DELAWARE
C. J. GAYFER & COMPANY, INCORPORATED	       	DELAWARE
HENNESSY COMPANY			                         	MONTANA
THE JONES STORE COMPANY				                  DELAWARE
THE JOSLIN DRY GOODS COMPANY			              COLORADO
THE LAZARUS STORE, INC.				                  DELAWARE
THE LION DRY GOODS COMPANY			                OHIO
THE McALPIN COMPANY				                      KENTUCKY
GAYFER'S MONTGOMERY FAIR CO.		              	DELAWARE
ROOT DRY GOODS COMPANY, INC.			              INDIANA
J. B. WHITE & COMPANY				                    SOUTH CAROLINA
DULUTH GLASS BLOCK STORE COMPANY		           MINNESOTA
THE McALPIN COMPANY				                      OHIO
THE PEOPLES STORE COMPANY			                 WASHINGTON
J. B. WHITE & CO.				                        NEW JERSEY
THE MacDOUGALL & SOUTHWICK COMPANY		         WASHINGTON
McCREERY & COMPANY				                       MAINE
SERF CORPORATION				                         MISSOURI
MERSCO REALTY CO., INC.				                  OHIO
THE JONES STORE COMPANY HAIRSTYLING SCHOOL	  MISSOURI
MERCANTILE STORES COMPANY, INC. (N.Y.)		     NEW YORK
MERSCO FINANCE CORPORATION			                DELAWARE
MERCANTILE PROPERTIES, INC.			               DELAWARE
MERCANTILE REAL ESTATE CO., INC.		           DELAWARE
THE O. J. deLENDRECIE COMPANY		              MINNESOTA
MERSCO DEVELOPMENT COMPANY, INC.		           DELAWARE
MERCANTILE INTERNATIONAL INC.			             DELAWARE
MAISON BLANCHE, INC.				                     LOUISIANA
GOUDCHAUX'S CAR CARE CENTERS, INC.		         LOUISIANA
MERCANTILE CREDIT CORP.				                  LOUISIANA
MERCANTILE LOGISTICS COMPANY, INC.		         OHIO
MAISON BLANCHE OF OHIO, INC.			              OHIO
MERSCO FACTORS, INC.				                     DELAWARE
MERCANTILE STORES NATIONAL BANK 		           UNITED STATES
MAISON BLANCHE, LTD.				                     DELAWARE
COLOR STOP COSMETICS, INC.			                NEVADA
COLOR STOP, LTD.				                         DELAWARE

                                     -12-
|   | **Exhibit 10.1** |
|--------|------------------|

 

 

 

 

 

 

 

| **ILIAC PARTICIPATION AGREEMENT****by and among**

 

**ING LIFE INSURANCE AND ANNUITY COMPANY,**

 

**ING GROEP N.V.**

 

**and**

 

**ING SUPPORT HOLDING B.V.**

 

**Dated as of March 31, 2009**

 

  |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

 

NY12534:201913.4 

 

----