alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
October 15, 2015



### JUDGMENT


## The Fourteenth Court of Appeals

GIOVANNY LAGUAN , Appellant

NO. 14

- 14

- 00408

- CV V.

R.D. PARIKH , Appellee

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on May 12, 2015. Having considered the motion and found it meritorious, we order the appeal DISMISSED

.

We further order that all costs incurred by reason of this appeal be paid by appellant, Giovanny Laguan.

We further order this decision certified below for observance.
#### Rebecca Simons v. David W. Simons.

[See ante, p. 253.]

*Dismissal of premature appeal.*

Where a divorce case is heard in open court it is not necessarily ground for the dismissal of the appeal that it was taken before the case was settled. Where no harm results from such a course it raises a mere question of regularity and the appeal will stand *nune pro tunc.*

Motion to dismiss.

Submitted Oct. 11.

Denied Oct. 12.

*Otto Kirchner*for tbe motion.

*■■Charles M. Swift*(for *A. M*Ha/wes) against.
10302.

#### Standard Coal Company *v.*Eclipse Coal Company.

Decided February 7, 1920.

Adhered to on rehearing, February 23, 1920.

Complaint; from Fulton superior court—Judge Pendleton. December 10, 1918.

Application for certiorari was denied by the Supreme Court.

*C. L. Pettigrew,*for plaintiff in error.

*Douglas & Douglas,*contra.

Stephens, J.

1. Where a seller agrees to deliver to a purchaser commodities in specified quantities weekly and at designated prices payable on the first of each month after delivery, a failure by the latter to meet payments when due relieves the former of any obligation to make further deliveries.

2. Although the seller may have delayed deliveries and failed to make them on time as contracted for, the purchaser cannot, after accepting such delayed deliveries and also subsequent deliveries, and failing to make payment due therefor under the contract, hold the seller liable for a failure to continue making any further deliveries contracted for. The ease of *Bernhardt*v. *Federal Terra Cotta Co.,*24 *Ga. App.*635.

(101 S. E. 588), is not in conflict with this ruling. The decision in that case holds that by the acceptance of a delayed delivery the purchaser does not ipso facto waive his right to damages for any delay which is in violation of the contract.

3. ‘Where, under the terms of such contract, the seller may make deliveries in weekly installments ranging from a minimum to a maximum number, he complies with the contract by delivering the minimum number specified.

4. “Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given'the'other of intention to rely on the exact terms of the agreement. Until such notice, the departure is a quasi new agreement.” Civil Code (1910), § 4227.

5. The jury having determined the issues of fact, the evidence supporting the verdict, and the above principles of law having been properly applied, there was no error in the charge of the court, or in the failure to charge as requested.

6. It not being plainly apparent that the writ of error was prosecuted for delay only, the motion of the defendant in error for damages is denied.

*Judgment affirmed.*

*Jenkins, P. J., and Smith, J., concur.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1412

CLIFF MORRISS,

Petitioner,

v.

UNITED STATES DEPARTMENT OF LABOR; LG&E POWER SERVICES, LLC,

Respondents.

On Petition for Review of an Order of the Administrative Review

Board. (05-047)

Submitted: April 14, 2008 Decided: May 2, 2008

Before MOTZ and SHEDD, Circuit Judges, and WILKINS, Senior Circuit

Judge.

Petition denied by unpublished per curiam opinion.

Carolyn P. Carpenter, CARPENTER LAW FIRM, Richmond, Virginia, for

Petitioner. Jonathan L. Snare, Acting Solicitor of Labor, Steven

J. Mandel, Associate Solicitor, Paul L. Frieden, Paula Wright

Coleman, UNITED STATES DEPARTMENT OF LABOR; Jeffrey S. Shapiro,

Erin M. Sine, MCGUIREWOODS LLP, Richmond, Virginia, for

Respondents.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Cliff Morriss seeks review of the Administrative Review

Board’s decision and order dismissing his complaint of retaliatory

discharge filed pursuant to 42 U.S.C. § 7622 (2000). Our review of

the record discloses that the Board’s decision is based upon

substantial evidence and is without reversible error. Accordingly,

we deny the petition for the reasons stated by the Board. Morriss

v. United States Dep’t of Labor, No. 05-047 (A.R.B. Feb. 28, 2007).

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.

PETITION DENIED
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.                  

###### Export-Import Bank

# ACTION:

Notice of an Open Meeting of the Board of Directors of the Export-Import Bank of the United States.

# TIME AND PLACE:

Thursday, December 11, 2014 at 3:00 p.m. The meeting will be held at Ex-Im Bank in Room 1126, 811 Vermont Avenue NW., Washington, DC 20571.

# OPEN AGENDA ITEMS:

Item No. 1 Ex-Im Bank Advisory Committee for 2015 (New Members)

# PUBLIC PARTICIPATION:

The meeting will be open to public observation for Item No. 1 only.

# FURTHER INFORMATION:

                        Members of the public who wish to attend the meeting                               ( print page 72173)                            should call Joyce Stone, Office of the Secretary, 811 Vermont Avenue NW., Washington, DC 20571 (202) 565-3336 by close of business Tuesday, December 9, 2014.                    

Lloyd Ellis,

Program Specialist, Office of the General Counsel.

[FR Doc. 2014-28662 Filed 12-3-14; 11:15 am]

BILLING CODE 6690-01-P
##### 



EXHIBIT 12 CALCULATION OF RATIO OF EARNINGS TO FIXED CHARGES
(In Thousands of Dollars, Except for Ratios) Fiscal Years Ended2003
    
    2002
    
    2001
    
    2000
    
    1999Income/(loss) from continuing operations before
income tax provision (benefit)
    
    $
    2,900
    
    
    $
    734
    
    
    $
    (4,979
    )
    
    $
    (19,060
    )
    
    $
    (2,403
    )Add Fixed Charges:Interest expense
    
    
    13,482
    
    
    
    12,679
    
    
    
    12,763
    
    
    
    14,086
    
    
    
    11,712Interest expense on operating leases
    
    
    391
    
    
    
    450
    
    
    
    394
    
    
    
    353
    
    
    
    295Amortization of financing costs
    
    
    746
    
    
    
    528
    
    
    
    571
    
    
    
    900
    
    
    
    620Total income (loss) as defined
    
    $
    17,519
    
    
    $
    14,391
    
    
    $
    8,749
    
    
    $
    (3,721
    )
    
    $
    10,224Fixed Charges:Interest expense
    
    $
    13,482
    
    
    $
    12,679
    
    
    $
    12,763
    
    
    $
    14,086
    
    
    $
    11,712Interest expense on operating leases
    
    $
    391
    
    
    $
    450
    
    
    $
    394
    
    
    $
    353
    
    
    $
    295Capitalized interest
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    203Amortization of financing costs
    
    
    746
    
    
    
    528
    
    
    
    571
    
    
    
    900
    
    
    
    620Total fixed charges
    
    $
    14,619
    
    
    $
    13,657
    
    
    $
    13,728
    
    
    $
    15,339
    
    
    $
    12,830Ratio of earnings to fixed charges
    
    
    1.20
    
    
    
    1.05Additional income required to meet a 1.0 ratio:
    
    
    n/a
    
    
    
    n/a
    
    
    $
    4,979
    
    
    $
    19,060
    
    
    $
    2,606
IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF ALABAMA 

 SOUTHERN DIVISION 

EDWARD D. KLEINE, )

)

Petitioner, ) 

 ) 

v. ) CIVIL ACTION 08-0531-WS-B 

 ) 

TROY KING, et al., ) 

 ) 

Respondents. )

JUDGMENT 

 In accordance with the Order entered on this date, it is ORDERED, ADJUDGED, and 

DECREED that the Petition for Writ of Habeas Corpus (doc. 1), filed pursuant to 28 U.S.C. § 

2254, be, and the same hereby is, DENIED. Petitioner is not entitled to a certificate of 

appealability. 

DONE and ORDERED this 5th day of August, 2010.

s/ WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE 

Case 1:08-cv-00531-WS-B Document 21 Filed 08/05/10 Page 1 of 1
I 

108TH CONGRESS 

2D SESSION H. R. 4807 

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

140 Sacramento Street in Rio Vista, California, as the ‘‘Adam G. Kinser 

Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2004 

Mr. OSE (for himself, Mr. CARDOZA, Mr. FILNER, Mr. SHERMAN, Mr. 

MCKEON, Mr. DOOLITTLE, Mr. MATSUI, Mr. POMBO, Mr. HERGER, Ms. 

LEE, Ms. WATSON, Mr. GARY G. MILLER of California, Mr. SCHIFF, Mr. 

ROHRABACHER, Ms. ESHOO, Ms. MILLENDER-MCDONALD, Mr. LEWIS of 

California, Mr. ROYCE, Mr. FARR, Mr. NUNES, and Mr. HONDA) 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 140 Sacramento Street in Rio Vista, California, as the ‘‘Adam G. Kinser Post Office Building’’. 

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

3 SECTION 1. ADAM G. KINSER POST OFFICE BUILDING. 

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

5 Postal Service located at 140 Sacramento Street in Rio 

6 Vista, California, shall be known and designated as the 

7 ‘‘Adam G. Kinser Post Office Building’’. 
2 

•HR 4807 IH 

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

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

4 be deemed to be a reference to the Adam G. Kinser Post 

5 Office Building. 

Æ
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME AND THE CONDENSED BALANCE SHEETS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,352,991
<SECURITIES>                                 4,186,066
<RECEIVABLES>                                1,787,960
<ALLOWANCES>                                   155,000
<INVENTORY>                                  1,572,329
<CURRENT-ASSETS>                             9,363,013
<PP&E>                                       2,635,521
<DEPRECIATION>                               1,645,365
<TOTAL-ASSETS>                              14,881,244
<CURRENT-LIABILITIES>                        2,195,578
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       641,096
<OTHER-SE>                                  11,952,570
<TOTAL-LIABILITY-AND-EQUITY>                14,881,244
<SALES>                                     14,767,773
<TOTAL-REVENUES>                            14,767,773
<CGS>                                        4,755,942
<TOTAL-COSTS>                                4,755,942
<OTHER-EXPENSES>                             5,342,969
<LOSS-PROVISION>                                25,312
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              4,668,862
<INCOME-TAX>                                 1,587,000
<INCOME-CONTINUING>                          3,081,862
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,081,862
<EPS-PRIMARY>                                     0.48
<EPS-DILUTED>                                     0.47



</TABLE>
EXHIBIT 4.42


 


Deed of access, indemnity and
insurance – Mr Daniel T Gilbert


 


The
Deed of access, indemnity and insurance of Mr Daniel T Gilbert is incorporated
by reference to National Australia Bank Limited’s Annual Report on Form 20-F
for the fiscal year ended September 30, 2004 as filed with the Commission
on January 20, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          28,807
<SECURITIES>                                    73,416
<RECEIVABLES>                                   24,220
<ALLOWANCES>                                   (1,399)
<INVENTORY>                                      7,150
<CURRENT-ASSETS>                               140,120
<PP&E>                                           9,423
<DEPRECIATION>                                 (5,204)
<TOTAL-ASSETS>                                 148,718
<CURRENT-LIABILITIES>                           34,662
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           155
<OTHER-SE>                                     113,901
<TOTAL-LIABILITY-AND-EQUITY>                   148,718
<SALES>                                         29,178
<TOTAL-REVENUES>                                91,817
<CGS>                                           21,482
<TOTAL-COSTS>                                   21,482
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   585
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  9,729
<INCOME-TAX>                                     1,364
<INCOME-CONTINUING>                              8,365
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,365
<EPS-PRIMARY>                                      .55
<EPS-DILUTED>                                      .51<F1>
<FN>
<F1>For Purposes of This Exhibit, Diluted means Basic.
</FN>
        

</TABLE>
Amendment No. 1 to the Agreement between the Company and Karen M. Settlemyer



 Exhibit 10.3 
  
 CALIFORNIA PIZZA KITCHEN, INC. 
  
 AMENDMENT NO. 1 
  
 TO 
  
 NON-QUALIFIED STOCK OPTION AGREEMENT 
  
 This AMENDMENT NO. 1 (this “Amendment”) dated November 18, 2005 to that certain Non-Qualified Stock Option Agreement (the
“Agreement”) between California Pizza Kitchen, Inc. (the “Company”) and Karen Settlemyer (“Optionee”) dated November 2, 1999 (the “Effective Date”) is effective as of the
Effective Date. 
  
 RECITALS 
  
 WHEREAS, a difference of views has arisen with regard to the
“Expiration Date,” as that term is defined in the Agreement; and 
  
 WHEREAS, the parties wish to resolve the difference of views in an amicable fashion. 
  
 AMENDMENT 
  
 NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which the
parties hereto acknowledge, the Company and Optionee hereby agree as follows: 
  
 1. Amendment. Section 1.7(c) of the Agreement is hereby deleted in its entirety. Section 1.7(d) is hereby renumbered as Section 1.7(c). 
  
 2. Express Changes Only. Except as modified by this Amendment,
the Agreement shall remain unchanged and shall remain in full force and effect. 
  
 3. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflicts of laws thereof. 
  
 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
duly executed as of the date first written above. 
  

			
	 CALIFORNIA PIZZA KITCHEN, INC.

	     a Delaware corporation

		
	 By:
	 	 /s/ Susan M. Collyns

	 	 	 Susan M. Collyns

	 	 	 Chief Financial Officer

		
	 	 	 /s/ Karen Settlemyer

	 	 	 KAREN SETTLEMYER
<TABLE> <S> <C>

<ARTICLE>                                            5
       
<S>                              <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       1,830,000
<SECURITIES>                                         0
<RECEIVABLES>                                4,818,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             9,210,000
<PP&E>                                       8,331,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              33,815,000
<CURRENT-LIABILITIES>                       13,919,000
<BONDS>                                     15,566,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       113,000
<OTHER-SE>                                   6,501,000
<TOTAL-LIABILITY-AND-EQUITY>                33,815,000
<SALES>                                              0
<TOTAL-REVENUES>                             8,761,000
<CGS>                                                0
<TOTAL-COSTS>                                8,147,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,516,000
<INCOME-PRETAX>                              1,884,000
<INCOME-TAX>                                   167,000
<INCOME-CONTINUING>                          1,717,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,860,000 
<EPS-PRIMARY>                                     0.16
<EPS-DILUTED>                                        0
        

</TABLE>
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 Commerce Economic Development Administration
 AGENCY: Economic Development Administration, Department of Commerce.
 ACTION: Notice and Opportunity for Public Comment. Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 
                    *et seq.*), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. List of Petitions Received by EDA for Certification Eligibility To Apply for Trade Adjustment Assistance
[12/3/2014 through 12/4/2014]
Firm name
Firm address
Date accepted for investigation
Product(s)Piggy Pillows, LLC
7802 150th Court North, Palm Beach Gardens, FL 33418
12/2/2014
The firm produces insoles for women's sandals and shoes; primary manufacturing material is urethane foam.Adaptive Development Corporation
6060 Milo Road, Dayton, OH 45414
11/24/2014
The firm manufactures tools and components made of steel used in compression ignition internal combustion engines.
 Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Dated: December 4, 2014. Michael S. DeVillo, Eligibility Examiner.


[FR Doc. 2014-28899 Filed 12-9-14; 8:45 am] BILLING CODE 3510-WH-P