alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Murrell Smith *v.*D. F. Smith.

Appeal — Reversa!—Damages on Dissolution of Injunction.

Since the damages to be awarded on the dissolution of an injunction are within the discretion of the court, refusal to award any damages is not cause for reversal.

APPEAL PROM GARRARD CIRCUIT COURT.

December 20, 1873.

*387
      *McKee, appellant.*

*Dunlap, for appellee.*

Opinion by

Judge Pryor:

Conceding the appellant to be entitled to damages upon the dissolution of the injunction, still, the sum to be awarded being entirely within the discretion of the court, this court will not reverse when the court below refuses to give any.

Upon a reversal, no sum could be fixed by which the court below should be controlled, other than as provided by the Code. That court might allow, as damages, from one per cent, to ten per cent, on the amount enjoined; and as there is no specified sum in controversy, and the whole question being within the discretion of the court, although it may be arbitrary to refuse to allow any damages, the judgment will not be disturbed.

We perceive no error in requiring each party to' pay their own costs. Judgment affirmed.
Amendment No. 5 to Employment Agreement



 EXHIBIT 10.7 
  
 AMENDMENT NO. 5 TO 
 EMPLOYMENT AGREEMENT 
  
 THIS AMENDMENT NO. 5
TO EMPLOYMENT AGREEMENT (“Amendment No. 4”) is made and entered into as of the 17th day of
November, 2005, by and between THE PANTRY, INC., a Delaware corporation (the “Corporation”), and PETER J. SODINI (the “Employee”). 
  
 W I T N E S S E T H: 
  
 WHEREAS, the Corporation and the Employee entered into an Employment Agreement dated as of October 1, 1997 (the “Original
Agreement”); and 
  
 WHEREAS, the Corporation and the
Employee entered into Amendment No. 1 to Employment Agreement on April 1, 1999; 
  
 WHEREAS, the Corporation and the Employee entered into Amendment No. 2 to Employment Agreement on September 21, 2001; 
  
 WHEREAS, the Corporation and the Employee entered into Amendment No. 3 to Employment Agreement on
August 28, 2002; 
  
 WHEREAS, the Corporation and the
Employee entered into Amendment No. 4 to Employment Agreement on December 8, 2003; and 
  
 WHEREAS, the Corporation and the Employee desire to amend further the Original Agreement to extend the term of such Employment Agreement for an
additional three (3) years and to clarify the amount of compensation to be provided to the Employee in the event of termination for death or disability following a Change in Control. 
  
 NOW, THEREFORE, in consideration of the mutual terms and conditions set forth below and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 
  
 1. Section 1 of the Original Agreement is hereby amended to reflect an employment term commencing on October 1, 1997 and ending on
September 30, 2009. 
  
 2. Section 6.2(a) of the
Original Agreement is hereby amended to add the phrase, “in which case, the Corporation shall pay to the estate of the Employee or to Employee, as the case may be, twelve (12) months’ compensation (less any amounts paid under any
disability plan.” As amended, Section 6.2(a) shall read in its entirety: 







 6.2 Termination Following Change in Control. Unless Employee’s employment is
terminated: 
  
 (a) because of
Employee’s death or disability (as defined in Section 6.2(i)), in which case, the Corporation shall pay to the estate of the Employee or to Employee, as the case may be, twelve (12) months’ compensation (less any amounts paid
under any disability plan. 
  
 3. Except as amended hereby,
the Original Agreement shall remain in full force and effect and is hereby ratified and confirmed in all respects. 
  
 IN WITNESS WHEREOF, this Amendment has been duly executed as of the day and year set forth above. 
  

			
	THE PANTRY, INC.
		
	By:	 	 /s/ Steven J. Ferreira


	Name:	 	Steven J. Ferreira
	Title:	 	Senior Vice President Administration
		
	 	 	 /s/ Peter J. Sodini


	 	 	PETER J. SODINI
I 

108TH CONGRESS 

2D SESSION H. R. 4647

To provide for certain lands to be held in trust for the Utu Utu Gwaitu 

Paiute Tribe. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2004

Mr. MCKEON introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To provide for certain lands to be held in trust for the 

Utu Utu Gwaitu Paiute Tribe.

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

3 SECTION 1. LANDS TO BE HELD IN TRUST. 

4 Section 902(b) of the California Indian Land Trans5 fer Act (Public Law 106–568; 114 Stat. 2921) is amend6 ed—

7 (1) by striking ‘‘3,525.8’’ and inserting 

8 ‘‘3,765.8’’; and 

9 (2) by adding at the end the following: 
2

•HR 4647 IH 

1 ‘‘(9) UTU UTU GWAITU PAIUTE TRIBE.—Lands 

2 to be held in trust for the Utu Utu Gwaitu Paiute 

3 Tribe, Benton Paiute Reservation are comprised of 

4 the approximately 240 acres described as follows: 

5 Mount Diablo Base and Meridian, Township 2 

South, Range 31 East Section 11: SE 1⁄2 and E 1 6 ⁄2

of SW 1 7 ⁄4.’’.

Æ
|   | 1) | the                  Report fully complies with the requirements of Section 13(a) or                  15(d) of                  the Securities Exchange Act of 1934, as amended; and |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2) | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Company. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                         |   |   |                                             |
|-----------------------------------------|--------|--------|--------------------------------------------------|
| Dated:                November 14, 2007 |   |   | /s/              WILLIAM P.              SPENCER |
|                                         |   |   | William              P. Spencer                  |
|                                         |   |   | Chief Executive Officer and President            |

----
108TH CONGRESS

2D SESSION H. R. 4617

AN ACT

To authorize the Secretary of Agriculture to carry

for other purposes.National Forest in the State of California, andcels of National Forest System land in the Tahoeout certain land exchanges involving small par-

108TH CONGRESS

2D SESSION H. R. 4617

AN ACT

To authorize the Secretary of Agriculture to carry out certain

land exchanges involving small parcels of National Forest

System land in the Tahoe National Forest in the State

of California, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4617 EH

1 SECTION 1. LAND EXCHANGES, TAHOE NATIONAL FOREST,

2 CALIFORNIA.

3 (a) CHRISTENSEN EXCHANGE AUTHORIZED.—Not4 withstanding section 3 of Public Law 97–465 (16 U.S.C.

5 521e; commonly known as the Small Tracts Act), the Sec6 retary of Agriculture may use the authority of such Act

7 to convey to Irving N. Christensen all right, title, and in8 terest of the United States in and to a parcel of National

9 Forest System land lying north of California State Highway 49 within the N1⁄2N1 10 ⁄2 of section 17 of township 19

11 north, range 9 east, Mount Diablo meridian, in exchange

12 for lands owned by Irving N. Christensen, as of the date

13 of the enactment of this Act, in that portion of the

SW1⁄4NW1 14 ⁄4 of section 16 of township 19 north, range 9

15 east, Mount Diablo meridian, lying southwest of California

State Highway 49 and that portion of S1⁄2NE1 16 ⁄4 of section

17 17 of township 19 north, range 9 east, Mount Diablo me18 ridian, lying southwest of California State Highway 49

19 and northeast of the North Fork Yuba River.

20 (b) MCCREARY EXCHANGE AUTHORIZED.—For pur21 poses of Public Law 97–465 (16 U.S.C. 521c et seq.; com22 monly known as the Small Tracts Act), the land exchange

23 authorized by this subsection is deemed to involve a min24 eral survey fraction. Using the authority of such Act, the

25 Secretary of Agriculture may convey to Dennis W.

26 McCreary and Cindy M. McCreary all right, title, and in-
3

•HR 4617 EH

1 terest of the United States in and to a parcel of National

2 Forest System land in Lot 121 of section 35 of township

3 20 north, range 10 east, Mount Diablo meridian, in ex4 change for lands owned by Dennis W. McCreary and

5 Cindy M. McCreary, as of the date of the enactment of

6 this Act, in Lot 19 of such section 35.

7 (c) WITHDRAWAL.—Subject to valid existing rights,

8 all lands to be exchanged under this section are withdrawn

9 from location, entry, and patent under the mining laws

10 of the United States.

Passed the House of Representatives September 28,

2004.

Attest:

Clerk.
10140.

#### King *et al. v.*Rodgers *et al.*

Decided September 19, 1919.

Complaint; from Muscogee superior court—Judge Terrell presiding. September 25, 1918.

*Ilalcher & Ilalcher,*for plaintiffs in error.

*J. E. Chapman, A. W. Cozart,*contra.

Stephens, J.

1. The court did not err in overruling the exceptions of law to the auditor’s report.

2. The court erred in directing a verdict against the defendant upon the 1st, 2d, 4th, 5th, 6th, and 7th exceptions of facts to the auditor’s report, and in thereafter refusing to grant a new trial.

*Judgment reversed.*

*Broyles, P. J., and Bloodworth, J., concur.*
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          33,208
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                14,300
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     76,981
<INVESTMENTS-CARRYING>                          10,952
<INVESTMENTS-MARKET>                            11,054
<LOANS>                                        635,492
<ALLOWANCE>                                      9,533
<TOTAL-ASSETS>                                 804,396
<DEPOSITS>                                     694,803
<SHORT-TERM>                                     5,000
<LIABILITIES-OTHER>                             11,902
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        25,050
<OTHER-SE>                                      67,641
<TOTAL-LIABILITIES-AND-EQUITY>                 804,396
<INTEREST-LOAN>                                 60,039
<INTEREST-INVEST>                                6,504
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                66,543
<INTEREST-DEPOSIT>                              25,755
<INTEREST-EXPENSE>                              26,002
<INTEREST-INCOME-NET>                           40,541
<LOAN-LOSSES>                                    1,781
<SECURITIES-GAINS>                                  80
<EXPENSE-OTHER>                                 34,636
<INCOME-PRETAX>                                 15,151
<INCOME-PRE-EXTRAORDINARY>                      10,449
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,449
<EPS-PRIMARY>                                     1.78
<EPS-DILUTED>                                     1.77
<YIELD-ACTUAL>                                    5.64
<LOANS-NON>                                      1,594
<LOANS-PAST>                                     1,068
<LOANS-TROUBLED>                                 1,117
<LOANS-PROBLEM>                                 17,967
<ALLOWANCE-OPEN>                                 8,388
<CHARGE-OFFS>                                      979
<RECOVERIES>                                       343
<ALLOWANCE-CLOSE>                                9,533
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        


</TABLE>
<PAGE>   1
                                                                   EXHIBIT 23.1



                        INDEPENDENT AUDITORS' CONSENT


The Board of Directors
Hastings Entertainment, Inc.:

We consent to the use of our reports incorporated herein by reference and to
the reference to our firm under the heading "Experts" in the registration
statement on Form S-1 incoporated herein by reference.

                                                  /s/ KPMG PEAT MARWICK LLP

Dallas, Texas
August 5, 1998
EXHIBIT 32 (b)


                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      The undersigned, being the Chief Financial Officer of Jordan Industries,
Inc., an Illinois corporation (the "Registrant"), hereby certifies that the
Quarterly Report on Form 10-Q (the "Periodic Report") of the Registrant for the
quarter ended September 30, 2004, which accompanies this certification, fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 (15 U.S.C. ss.78m(a)) and that the information contained in the Periodic
Report fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.

Date: November 15, 2004

/s/  Norman R. Bates
---------------------------------------
Norman R. Bates
Chief Financial Officer, Vice President
and Assistant Secretary
[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Page 70574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28060]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice: 14-124]


NASA Advisory Council; Meeting Postponement

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of postponement of meeting.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Advisory Committee Act, Public 
Law 92-463, as amended, NASA announces a postponement of the previously 
announced meeting of the NASA Advisory Council (NAC). The meeting had 
been scheduled to be held on December 8 and 9, 2014. The meeting is 
being postponed by NASA due to exceptional circumstances and schedule 
conflicts of the NASA top leadership in connection with post-launch 
programmatic requirements of the Orion Exploration Flight Test-1 (EFT-
1) on December 4, 2014, at NASA Kennedy Space Center in Florida.

FOR FURTHER INFORMATION CONTACT: Ms. Marla King, NAC Administrative 
Officer, NASA Headquarters, Washington, DC 20546, (202) 358-1148, or 
<a href="/cdn-cgi/l/email-protection#5538342739347b3e7b3e3c3b32153b3426347b323a23"><span class="__cf_email__" data-cfemail="3f525e4d535e115411545651587f515e4c5e11585049">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting was originally announced as NASA 
Notice 14-118 in the Federal Register on November 18, 2014, at 79 FR 
68727. The meeting had been scheduled to be held on Monday, December 8, 
2014, 1 p.m.-5 p.m.; and Tuesday, December 9, 2014, 9 a.m.-5 p.m., 
Local Time, at NASA Stennis Space Center, MS 39529.

Patricia D. Rausch,
Advisory Committee Management Officer, National Aeronautics and Space 
Administration.
[FR Doc. 2014-28060 Filed 11-25-14; 8:45 am]
BILLING CODE 7510-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>   1
                       [CHASE INDUSTRIES INC. LETTERHEAD]

FOR IMMEDIATE RELEASE
TUESDAY, MAY 26, 1998

                 CHASE INDUSTRIES DECLARES 3-FOR-2 STOCK SPLIT

MONTPELIER, OHIO, MAY 26, 1998--CHASE INDUSTRIES INC. (NYSE: CSI) today
announced that it had received shareholder approval of an increase in the
Company's authorized shares necessary to effect a three-for-two stock split,
which will be effective for shareholders of record as of June 6, 1998. As a
result of the stock split, the company's issued shares will increase from
approximately 10 million to 15 million shares.

Martin V. Alonzo, chairman, president and chief executive officer, said, "We
believe the increase in the number of shares outstanding will improve our
float, make the stock even more attractive to potential investors and
ultimately increase shareholder value."

Fractional shares resulting from the stock split will be paid in cash, without
interest, in an amount equal to one-third the closing sale price per share of
the common stock as reported on the New York Stock Exchange on the last trading
date prior to the June 6, 1998, record date. The mail date for new stock
certificates and the payment date for fractional shares is scheduled for June
26, 1998.

Chase Industries, through its wholly owned subsidiaries Chase Brass & Copper
Company and Leavitt Tube Company, is a leading manufacturer of free-machining
and forging brass rod and structural and mechanical steel tubing.



                                     -MORE-
<PAGE>   2
CHASE INDUSTRIES INC.
ADD -1-


Chase Brass and Copper Company, employing more than 300 people at its
Montpelier, OH, plant, is an ISO 9002 certified manufacturer and supplier of
free-machining and forging brass rod in the United States and Canada. Its
diverse customer base of more than 250 companies uses Chase's "Blue Dot"
trademark rod to produce a variety of products, such as plumbing fixtures,
heating and air conditioning components, industrial valves, automotive parts,
and numerous hardware components.

Leavitt Tube Company is a leading producer of structural and mechanical steel
tubing with plants in Chicago, Ill., and Jackson, Miss., employing a total of
more than 400 people. Leavitt's structural steel tubing is used in farm
equipment, non-residential construction and other structural applications. The
mechanical steel tubing is used in a broad range of consumer and commercial
products, including furniture and fixtures, lawn-care products, storage racks,
exercise equipment, bicycles and machine tools.

Chase Industries is traded on the New York Stock Exchange under the symbol CSI.

   FOR MORE INFORMATION ABOUT CHASE INDUSTRIES INC., FREE OF CHARGE VIA FAX,
                 DIAL 1-800-PRO-INFO AND USE TICKER SYMBOL CSI.


                                      -30-
VOICES OICES OF OF FIRST IRST RESPONDERS ESPONDERS ESPONDERS

Data based on a nationwide (U.S.) survey of first responders conducted by the 

NIST PSCR Usability Team. Research information and reports available at: 

https://www.nist.gov/ctl/pscr/user-interface-user-experience-publications

Survey results available at: https://publicsafety.nist.gov/ Published Sept. 2020.

Nationwide Public Safety Communication Survey Findings 

Mobile Devices, Applications, and Futuristic Technology 

NIST Usability Team

more use 

personal smartphones

than work smartphones

frequently have smartphone 

problems with 

battery life, 

price, or 

coverage

frequently use email

think one login

(single sign on) 

for their devices 

would be useful

use the 

same technology for day-to-day 

incident response and large events, 

planned and unplanned.

use 

criminal databases, 

electronic 

policies/laws

think receiving pictures/

videos would be beneficial

50%

think receiving texts 

would be beneficial

75%

think NG 9-1-1 

would be helpful

75%

EMERGENCY MEDICAL SERVICES FIRE SERVICE LAW ENFORCEMENT

9-1-1 CALL TAKERS & 

DISPATCHERS

90%

think 

technology to 

auto-send patient vitals to 

hospital would be useful

50%

think 

facial recognition 

would be useful

40%

frequently use 

EPCRs

80% use 

mapping/navigation, 

hydrant location

80%

think 

automatic vehicle location 

would be useful

50%

frequently use 

CAD

90%

think 

automatic caller 

location would be useful

70%

2x

70%

90%

50%

80%
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1215 

CA 13-00613 

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. 

 

IN THE MATTER OF HOLIMONT, INC., 

PETITIONER-APPELLANT, 

V MEMORANDUM AND ORDER

VILLAGE OF ELLICOTTVILLE ZONING BOARD OF 

APPEALS AND VILLAGE OF ELLICOTTVILLE, 

RESPONDENTS-RESPONDENTS. 

 

DAMON MOREY LLP, CLARENCE (COREY A. AUERBACH OF COUNSEL), FOR

PETITIONER-APPELLANT. 

BACKHAUS & SIMON, P.C., OLEAN (ROBERT J. SIMON OF COUNSEL), FOR

RESPONDENTS-RESPONDENTS. 

 

Appeal from a judgment (denominated order and judgment) of the

Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered

June 21, 2012 in a proceeding pursuant to CPLR article 78. The

judgment, among other things, denied the petition. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking to

challenge the determination of respondent Village of Ellicottville

Zoning Board of Appeals (ZBA) denying its request for a use variance

to permit it, inter alia, to extend a ski lift over a parcel of land

that it had acquired at 36 Adams Street in the Village of

Ellicottville. Supreme Court properly denied the petition. “The

determination of the ZBA is entitled to great deference and must be

sustained where, as here, it has a rational basis and is supported by

substantial evidence” (Matter of Farrell v Johnson, 266 AD2d 873,

873). The ZBA properly determined that petitioner failed to show that

it was entitled to the use variance inasmuch as it failed to establish

that it could not realize a reasonable rate of return without the use

variance (see generally Matter of Cohen v Hahn, 155 AD2d 969, 970). 

Although petitioner presented the testimony of an expert on that

point, we note that it is the “sole province of the ZBA . . . as

administrative factfinder” to resolve issues of credibility (Matter of

Supkis v Town of Sand Lake Zoning Bd. of Appeals, 227 AD2d 779, 781). 

Additionally, petitioner failed to establish that its proposed

development would not alter the essential character of the surrounding

neighborhood (see Matter of Genser v Board of Zoning & Appeals of Town

of N. Hempstead, 65 AD3d 1144, 1147). Indeed, the record establishes
-2- 1215 

CA 13-00613 

that permitting petitioner to maintain an active ski lift and

snowmaking equipment on its parcel will alter the quiet residential

area surrounded by nature in which that parcel is located because of

the increased use of the parcel. Finally, the record establishes that

petitioner’s hardship was self-created inasmuch as petitioner

previously had stipulated to restrictions calling for an “undisturbed

green area” in the location petitioner now seeks to develop (id.; see

Matter of Carrier v Town of Palmyra Zoning Bd. of Appeals, 30 AD3d

1036, 1038, lv denied 8 NY3d 807). 

Entered: December 27, 2013 Frances E. Cafarell

Clerk of the Court