alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Manlove, Receiver, *v.*Naw.

*Receiver.—Insurance*Company.—Complaint.—In a suit by a receiver of a mutual insurance company, against a member of the company, for his proportion of losses, the complaint must show that the losses which are to be paid with the money to be collected from the assessments occurred during the time the defendant was a policy holder and member of the company.

APPEAL from the Yanderburg Circuit Court.

*y. R. Troxell, W. R. Manlove,*and *R. A. Hill,*for appellant.

*C. Denby, D. B. Kumler, P. Maier, y. E. McDonald,*and *E. M. McDonald,*for appellee.

Downey, J.

This was an action by Manlove, as Receiver of the Farmers and Merchants’ Insurance Company, a mutual insurance company, against Naw, commenced before a justice of the peace. There was a judgment for the plaintiff before the justice of the peace, but on appeal to the circuit court, a demurrer to the complaint was sustained, because it did not state facts sufficient, and final judgment was rendered for the defendant.

According to several decisions of this court, this ruling was correct. It has been held in this court, that a person becoming a member of a mutual insurance company, by insuring therein, is liable for his proportionate share of the losses which may occur while he is a member; that is, for the time during which his policy runs, and no longer. It is necessary, therefore, to show, among other things, that the losses which are to be paid with the money to be collected from the assessments occurred during the time the defendant was a policy holder and member of the company. The complaint in this case is liable to the objection that it does not show this, and perhaps is liable to other objections also. See *Embree*v. *Shideler,*36 Ind. 423; *Manlove*v. *Naylor,*38 Ind. 424.

The judgment is affirmed, with costs.

Pettit, J., dissents.
EX-10.1






Exhibit 10.1 – Stock Election Policy for Non-Employee Director Fees




The Board of Directors of Avalon Pharmaceuticals, Inc. (“Avalon”) has approved the following
policy which permits Avalon’s non-employee directors (“Directors”) to elect to receive their annual
cash retainer fees in unrestricted shares of common stock, par value $.01 per share, of Avalon
(“Common Stock”), effective with regard to fees earned on or after October 1, 2005.



1. Prior to December 15th of each calendar year, each Director may make an election in
writing to have all of his or her annual cash retainer fees paid in the form of unrestricted Common
Stock for the next calendar year (or in the case of elections made prior to December 15, 2005,
beginning on October 1, 2005 through December 31, 2006). A Director’s election to receive
unrestricted Common Stock shall stay in place for each succeeding calendar year thereafter until
revoked. The revocation of a prior election or the initiation of a new election shall be effective
as of the commencement of the next calendar year following the year in which such revocation or new
election is made.



2. The Common Stock issued under this policy shall be issued under Avalon’s 2005 Omnibus Long-Term
Incentive Plan.



3. Annual cash retainer fees are paid quarterly in arrears in four equal installments on the first
business day of each fiscal quarter. The number of shares of Common Stock to be granted in the
form of unrestricted Common Stock in lieu of the annual cash retainer fees will be determined by
dividing: (a) the amount of the quarterly fee installment payable to the Director by (b) the
closing price on the Nasdaq National Market of the Common Stock on the date that the quarterly fee
installment would otherwise be paid.



4. The Board shall review this policy from time to time to assess whether any amendments to the
policy are necessary to fulfill the objectives of the policy. The Board may amend or terminate
this policy at any time.
#### John Skaggs *v.*John W. Philpot.

Vendor and Purchaser — Scope of Purchaser’s Possession.

Where one purchases land adjoining land on which he resides, the purchaser’s possession is, by operation of law, extended so as to embrace the land purchased by him.

APPEAL PROM TAYLOR CIRCUIT COURT.

January 21, 1874.

*Montague, for appellant.*

-, *for appellee.*

Opinion by

Judge Lindsay:

Philpot purchased from Beauchamp long before Skaggs. He held a bond for title, and assumed the right to enter upon and occupy at least a portion of the land in controversy immediately after his purchase.

The land adjoined other land claimed by him, and upon which he resided. By operation of law his possession was extended so as to embrace the land bought from Beauchamp. The testimony conduces very strongly to show that Skaggs knew before he purchased that Philpot was setting up claim to the land. He had such notice as would have put a reasonably prudent man upon inquiry.

His claim must therefore yield to that of Philpot. This is not a proceeding to quiet title, but an action to perfect title and acquire possession.

Judgment affirmed.
|   | For      purposes of making the computations described herein, MGHI and all lower      (with respect to MGHI) tier entities, including newly-formed Restricted      Subsidiaries, in which MGHI has direct or indirect ownership (individually      and collectively referred to as "MGHI Subgroup Subsidiary" or "MGHI      Subgroup Subsidiaries") shall be treated as an affiliated group of      corporations (the "MGHI Subgroup"), the common parent of which is MGHI,      provided, however, that the MGHI Subgroup shall only include any MGHI      Subgroup Subsidiary to the extent that such MGHI Subgroup Subsidiary meets      the test of affiliation under Section 1504 of the Code as it would apply      to the MGHI Subgroup. |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----

|   | For      purposes of Section 4(c) of this Agreement, net operating losses available      to the MGI Subgroup under the Revised MGI Agreement, as further revised by      amendment as of December 31, 2001 (the "Amended MGI Agreement"), shall be      available to offset income of the MGHI Subgroup in the same manner as      under the Amended MGI Agreement. For the avoidance of doubt, net operating      losses of MGHI Subgroup Members are available to offset Salmon Creek      Corporation's 1999 taxable income recognized on the sale of its Headwaters      timberlands. |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | MAXXAM      Inc.                |
|--------|---------------------------------|
|   |                            |
|   | By:                             | /s/      Paul N. Schwartz |
|   | Title:                          | President |
|   |                            |   |
|   |                            |   |
|   | MAXXAM      Group Holdings Inc. |
|   |                            |   |
|   | By:                             | /s/      Elizabeth D. Brumley |
|   | Title:                          | Controller |
|   |                            |   |

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         118,811
<SECURITIES>                                         0
<RECEIVABLES>                                  621,007
<ALLOWANCES>                                         0
<INVENTORY>                                  1,743,122
<CURRENT-ASSETS>                             2,732,693
<PP&E>                                       2,177,992
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,560,940
<CURRENT-LIABILITIES>                        5,544,065
<BONDS>                                        994,035
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     25,000
<COMMON>                                        79,698
<OTHER-SE>                                   3,029,007
<TOTAL-LIABILITY-AND-EQUITY>                 6,560,940
<SALES>                                      3,069,636
<TOTAL-REVENUES>                             3,069,636
<CGS>                                        1,505,003
<TOTAL-COSTS>                                1,236,807
<OTHER-EXPENSES>                               953,238
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (76,985)
<INCOME-PRETAX>                              (715,966)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (715,966)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                735,612
<CHANGES>                                            0
<NET-INCOME>                                    19,646
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
Fillmore Property Month to Month Tenancy


    


    Exhibit
      10.76

    


    


    Scoles/Morris
      Building

    Mailing
      Address: 540 Sespe Avenue, Suite 2

    Fillmore,
      California 93015

    


    


    September
      30, 2005

    


    Sespe
      Pharmacy

    Steve
      Westlund

    552
      Sespe
      Avenue, Suite D

    Fillmore.
      CA 93015

    


    Re: Rent
      Increase

    


    Dear
      Steve:

    


    There
      will be an increase in your monthly rent effective November 1, 2005. Your
      monthly rent will be $2,700, resulting in a month-month tenancy.

    


    Also,
      please make certain that your liability insurance is current and that Mary
      E.
      Scoles and J. Chapman Morris are named as additional insured/loss payees. Your
      insurance company should mail the Certificate of Insurance to our
      office.

    


    Should
      you prefer a written lease with a term of five (5) years, we will be happy
      to
      discuss the conditions of such a lease.

    


    Thank
      you
      for your attention. If you have any questions or observations, please do not
      hesitate to contact us. 

     

    Sincerely
      yours,

     

    /s/
      John
      Scoles

    _______________________

    John
      F.
      Scoles, agent for

    Mary
      E.
      Scoles

    


    


    /s/
      J.
      Chapman Morris

    _______________________

    J.
      Chapman Morris

    



    
      
        
          1

          


        

         

      

      
         

        
          

        

      

      
         

        
        

      

    



    


    Scoles/Morris
      Building

    Mailing
      Address: 540 Sespe Avenue, Suite 2

    Fillmore,
      California 93015

    


    


    October
      7, 2005

    


    


    Sespe
      Pharmacy

    Steve
      Westlund

    552
      Sespe
      Avenue, Suite D

    Fillmore.
      CA 93015

    


    Re: Rent
      Increase Due November 1, 2005, for Suite D, 552 Sespe Avenue, Fillmore,
      CA.

    


    Dear
      Steve:

    


    The
      rent
      increase to $2,700 per month due November 1, 2005, per our September 30, 2005
      notice, shall be reduced to $2,600 ($100 credit) so long as Sespe Pharmacy
      completes the maintenance on the inside common area.

    


    Thank
      you
      for you attention. If you have any questions or observations, please do not
      hesitate to contact us. 

     

    Sincerely
      yours,

     

    /s/
      John
      Scoles

    _______________________

    John
      F.
      Scoles, agent for

    Mary
      E.
      Scoles

    


    


    /s/
      J.
      Chapman Morris

    _______________________

    J.
      Chapman Morris

    


    
      
        2
#### John McLaren v. Town Board of Akron.

*Township school directors*— Expenditures.

A township school director has authority, in the exercise of a sound discretion, to buy new seats for a school house under a resolution, adopted at the annual meeting of the school district, “that the-school board fix the school house ready for the winter term.”

Act 164 of 1881 in authorizing the removal of a school district officer for illegally using or disposing of any of the public moneys entrusted to his care, does not cover a charge of conspiring with a woman-moderator to hire her husband as teacher and pay him more than was-necessary to obtain a good teacher.

Certiorari to town board.

Submitted April 12.

Proceedings quasbed April 19.

*Black & Quinn*for plaintiff in certiorari.

Marston, J.

This case was heard with the preceding case of Mrs. Hazen against the town board, as both cases-arose under the same statute. The charge in this case was— first, for having expended the money of the district contrary to law, and without the vote of the district, in the purchase of furniture or apparatus for the school-house; and secondly, for conspiring with Mrs. Hazen in the hiring of her husband as a teacher.

*190McLaren was director, and it appears that at the annual meeting it was moved and carried, “ to fit up the schoolhouse for the winter term,” and in pursuance of this authority some twelve dollars was expended in the purchase of new seats, and there seems to have been a difference of opinion as to the necessity of such a purchase being made.

Under the authority given, the director in the exercise of *a*sound discretion could make the purchase. *Township of Hamtramck v. Holihan*46 Mich. 127.

The other question is disposed of in the *Hazen*case supra. The proceedings must be quashed and held for naught with costs.

The other Justices concurred.
<PAGE>   1
                                                                 Exhibit 10.9.3


                    [BRIGHAM EXPLORATION COMPANY LETTERHEAD]

                                 April 7, 1998
                 Via Facsimile Transmission and Hand Delivery


Ms. Trina Willis                                Mr. David M. Lepore
FIC Realty Services                             M&P Partners Limited Partnership
6300 Bridge Point Parkway    Hand Delivered     400 Centre Street
Bldg. One, Suite 325         by Sheri Lancon    Newton, MA 02158
Austin, Texas 78730            4/7/98           Fax # (617) 332-2261
Fax # (512) 404-5212

Ms. Julia D. Finney
Reit Management & Research, Inc.
6300 Bridge Point Parkway, Bldg. One, Suite 125
Austin, Texas 78730
Fax # (512) 346-7561

      Re:    Two Bridge Point Lease Agreement by and between Investors Life
             Insurance Company of North America and Brigham Oil & Gas, L.P.,
             dated September 20, 1996, as amended (the "Lease Agreement");
             EXERCISE OF RIGHT OF FIRST REFUSAL

Ladies and Gentlemen:

      On March 24, 1998 we received Ms. Julia D. Finney's letter dated March
20, 1998, notifying us that the Right of First Refusal Space (the "Refusal
Space") is available for lease and that Health and Retirement Properties Trust
("Landlord") has prospects interested in leasing the Refusal Space.

      Brigham Oil & Gas, L.P. ("Tenant") hereby notifies Landlord that, under
and pursuant to the terms of Section 2.04 and Exhibit F of the Lease Agreement,
Tenant is exercising its Right of First Refusal to lease all of the "3rd Option
Space" as depicted on Exhibit A-2 to the Lease Agreement, being the same space
which is also known as the "5 Year Option Space."

      Tenant is not exercising its Right of First Refusal with respect to the
remainder of the "2nd Option Space" (being all of the 2nd Option Space which has
not already been leased to Amherst).

      Please feel free to give me a call if anything else is needed with
respect to this matter.

                                  Sincerely,
                                  BRIGHAM OIL & GAS, L.P.
                                        By Brigham, Inc.
                                        Its Managing General Partner

                                        /s/ ANNE L. BRIGHAM

                                        Anne L. Brigham
                                        Executive Vice President

cc. Ms. Diana Barbour, Oxford Commercial, Inc.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S SEPTEMBER 30, 1998 UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS AND IS
QUALIFIED IN IT ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                      35,718,242
<SECURITIES>                                 9,031,972
<RECEIVABLES>                               18,814,848
<ALLOWANCES>                                   800,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            69,205,438
<PP&E>                                       8,852,717
<DEPRECIATION>                               1,967,038
<TOTAL-ASSETS>                             118,976,960
<CURRENT-LIABILITIES>                       20,498,055
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,234
<OTHER-SE>                                  96,746,073
<TOTAL-LIABILITY-AND-EQUITY>               118,976,960
<SALES>                                     17,463,322
<TOTAL-REVENUES>                            17,463,322
<CGS>                                        3,970,131
<TOTAL-COSTS>                                3,970,131
<OTHER-EXPENSES>                            26,044,801
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,658
<INCOME-PRETAX>                           (11,655,428)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (11,655,428)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (11,655,428)
<EPS-PRIMARY>                                    (.97)
<EPS-DILUTED>                                    (.97)
        

</TABLE>
Exhibit 32.2

CERTIFICATION OF 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, Sean M. Cary, certify, 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 Willamette Valley Vineyards Inc. on Form 10-QSB for the quarterly
period ended June 30, 2005 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 10-QSB fairly presents in all material respects the
financial condition and results of operations of Willamette Valley Vineyards
Inc.

Date: August 12, 2005
By:    /s/ Sean M. Cary
Name: Sean M. Cary
Title:   Chief Financial Officer
Exhibit 32.1



CERTIFICATION OF PERIODIC REPORT



The undersigned officers of CBD Media Holdings LLC hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:



| | 1. | the annual report on Form 10-K of CBD Media Holdings LLC for the period ended December 31, 2004 (the Report) fully complies with the requirements of Section 13(a) 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 CBD Media Holdings LLC
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 31, 2005



By:

/S/    DOUGLAS A.
MYERSName:

Douglas A. MyersTitle:

Chief Executive Officer




Dated: March 31, 2005



By:

/S/    JOHN P.
SCHWINGName:

John P. SchwingTitle:

Chief Financial Officer




The foregoing
certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 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.



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.
I 

108TH CONGRESS 

2D SESSION H. R. 4554

To designate the facility of the United States Postal Service located at 

40 Putnam Avenue in Hamden, Connecticut, as the ‘‘Linda WhiteEpps Post Office’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004

Ms. DELAURO introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

To designate the facility of the United States Postal Service 

located at 40 Putnam Avenue in Hamden, Connecticut, 

as the ‘‘Linda White-Epps Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LINDA WHITE-EPPS POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 40 Putnam Avenue in Hamden, 

6 Connecticut, shall be known and designated as the ‘‘Linda 

7 White-Epps Post Office’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 
2

•HR 4554 IH 

1 States to the facility referred to in subsection (a) shall 

2 be deemed to be a reference to the Linda White-Epps Post 

3 Office.

Æ
#### R. T. Scott et al. *v.*Commonwealth.

Appeal — Reversal.

Error In a judgment against a sheriff, charging him five per cent, of the taxes due and owing hy the tax payers and uncollected by the sheriff, is cause for reversal.

APPEAL FROM FRANKLIN CIRCUIT COURT.

June 4, 1874.

*Scott, for appellant.*

-■, *for appellee.*

Opinion by

Judge Peters :

The judgment is erroneous in charging the sheriff with five per cent, on the amount of taxes due from him, instead of charging the five per cent, on the taxes due and owing by the taxpayers, and uncollected by the sheriff, as was held by this court in Culton et al. v. Commonwealth, 9 Bush 701.

Wherefore the judgment is reversed and the cause is remanded for further proceedings consistent herewith.