alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### A. KLIPSTEIN & CO. v. ALLEN et al.

(Circuit Court, N. D. Georgia.

May 29, 1903.)

No. 1,725.

1. Contracts for Future Delivery—Mutuality.

A contract to furnish an article, which is necessary to the operation of a factory of the second party, in such quantities as shall be needed, required, or consumed by such party during a specified time, is not without mutuality, and is valid and binding.

¶1. See Contracts, vol. 11, Cent. Dig. § 32.

At Law. On demurrers to both petition and answer.

Bryan & Alexander, for plaintiff.

Roper & Brandon, for defendants.

PARDEE, Circuit Judge.

After due investigation, I have concluded to overrule both demurrers—the demurrer to the petition on authority of section 3664 of the Civil Code of Georgia, and the demurrer to the answer on the grounds elaborated by Judge Sanborn in Cold Blast Transportation Co. v. Kansas City Bolt & Nut Co., 114 Fed. 77, 81, 52 C. C. A. 25, 57 L. R. A. 696, on which counsel on both sides of the case rely.

It is to be noted that the amended answer contains the averment “that solid quebracho was a necessary product for defendant’s factory, and the factory could not be run without its use.” It is this amendment which, in my opinion, brings the case within the rule de*993dared and supported by authority in Cold Blast Transportation Co. v. Kansas City Bolt & Nut Co., supra, to wit:

> “An accepted offer to furnish or deliver such, articles of personal property as shall he needed, required, or consumed by the established business of the acceptor during a limited time is binding, and may be enforced, because it contains the implied agreement of the acceptor to purchase all the articles that shall be required in conducting his business, during this time, from the party who makes the offer.”

And it is to be further noted that if, upon the trial of the case, the above averment shall be denied by the plaintiff, and shall not be supported by the evidence, it will not then be too late for the court to declare the alleged contract, on which the answer is based, to be void for want of mutuality.
Exhibit 10.3


 


WAIVER


 


In consideration for the benefits I will receive as a result of my
employer’s participation in the United States Department of the Treasury’s TARP
Capital Purchase Program, I hereby voluntarily waive any claim against the
United States or any state or territory thereof or my employer or any of its
directors, officers, employees and agents for any changes to my compensation or
benefits that are required in order to comply with Section 111 of the
Emergency Economic Stabilization Act of 2008, as amended (“EESA”), and rules, regulations, guidance
or other requirements issued thereunder (collectively, the “EESA Restrictions”).


 


I acknowledge that the EESA Restrictions may require modification of
the employment, compensation, bonus, incentive, severance, retention and other
benefit plans, arrangements, policies and agreements (including so-called “golden
parachute” agreements), whether or not in writing, that I have with my employer
or in which I participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the TARP Capital
Purchase Program and I hereby consent to all such modifications.  I further acknowledge and agree that if my
employer notifies me in writing that I have received payments in violation of
the EESA Restrictions, I shall repay the aggregate amount of such payments to
my employer no later than fifteen business days following my receipt of such
notice.


 


This waiver includes all claims I may have under the laws of the United
States or any other jurisdiction related to the requirements imposed by the
EESA Restrictions (including without limitation, any claim for any compensation
or other payments or benefits I would otherwise receive absent the EESA
Restrictions, any challenge to the process by which the EESA Restrictions were
adopted and any tort or constitutional claim about the effect of the foregoing
on my employment relationship) and I hereby agree that I will not at any time
initiate, or cause or permit to be initiated on my behalf, any such claim
against the United States, my employer or its directors, officers, employees or
agents in or before any local, state, federal or other agency, court or body.


 


In witness whereof, I execute this waiver on my own behalf, thereby
communicating my acceptance and acknowledgement to the provisions herein.


 


	
   

  	
  Respectfully,

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  
	
   

  	
   

  	
  Date: March 6, 2009

  



 


UST Sequence No. 328
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Page 38708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17147]


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

JUDICIAL CONFERENCE OF THE UNITED STATES


Meeting of the Judicial Conference Advisory; Committee on Rules 
of Criminal Procedure

AGENCY: Judicial Conference of the United States, Advisory Committee on 
Rules of Criminal Procedure.

ACTION: Notice of open meeting.

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

SUMMARY: The Advisory Committee on Rules of Criminal Procedure will 
hold a meeting on October 24, 2017. The meeting will be open to public 
observation but not participation. An agenda and supporting materials 
will be posted at least 7 days in advance of the meeting at: http://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/agenda-books.

DATES: October 24, 2017.

TIME: 9:00 a.m. to 5:00 p.m.

ADDRESSES: United States District Court for Illinois, Everett McKinley 
Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, 
IL 60604.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Rules Committee 
Secretary, Rules Committee Support Office, Administrative Office of the 
United States Courts, Washington, DC 20544, telephone (202) 502-1820.

    Dated: August 8, 2017.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2017-17147 Filed 8-14-17; 8:45 am]
 BILLING CODE 2210-55-P
Exhibit
31.1
 CERTIFICATION
      (a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiary, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;(b)
    
    designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision,
to provide reasonable assurance regarding the reliability of financial reporting
and the preparation of financial statements for external purposes in accordance
with generally accepted accounting principles;(c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures as of the end of the period covered by
this report based on such evaluation; and(d)
    
    disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
  (a)
    
    all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrants ability to record, process, summarize
and report financial information; and(b)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date: May 20, 2008/s/ Jay LarkinJay LarkinPresident and Interim Chief Executive Officer(Principal Executive Officer)
Exhibit No. 31.2

SECTION 302 CERTIFICATION

CERTIFICATIONS

I, Christ H. Manos certify that:

1. I have reviewed this report on Form 10-K of Williams Industries, Inc.

2. Based on my knowledge, this report on Form 10-K does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a. Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

b. Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures as of the end of the
period covered by this report based on such evaluation; and

c. Disclosed in this report any changes in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation of internal controls over financial reporting, to
the registrant's auditors and the audit committee of registrant's board of
directors (or persons performing the equivalent functions):

a. All significant deficiencies in the design or operation of internal control
over financial reporting which are reasonably likely to adversely affect the
registrant's ability to record, process, summarize and report financial
information; and

b. Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls
over financial reporting.

October 20, 2004

/s/ Christ H. Manos
-------------------
Christ H. Manos
Treasurer, Controller
<PAGE>
 
                                                                   EXHIBIT 10.5a
                       AMENDMENT TO EMPLOYMENT AGREEMENT
                       ---------------------------------

     THAT EMPLOYMENT AGREEMENT ("Agreement") made as of the first day of July,
1991, by and between THE WISER OIL COMPANY, a Delaware Corporation and ANDREW J.
SHOUP, JR. is hereby amended so that Article I, Section 1.02, and Article IV,
Section 4.04, shall read as follows:

     1.02 Term.  Subject to the terms and provisions of Article II hereof,
          -----                                                           
     Employee's employment hereunder shall be extended and shall continue
     through the close of business on July 1, 1997 unless extended by subsequent
     agreement of the parties hereto.

     4.04. Governing Law.  This Agreement shall be governed by and construed in
           --------------                                                      
     accordance with the laws of the State of Texas.

     IN WITNESS WHEROF, the parties hereto have executed this Amendment to
Agreement or caused it to be executed as of June 1, 1994.


 
                              /s/  Andrew J. Shoup, Jr.
                             --------------------------


                             THE WISER OIL COMPANY

                             By:     /s/ A. Wayne Ritter
                                -------------------------------
                             Title:  Vice President
                                   ----------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<EXCHANGE-RATE>                                      1
<CASH>                                             292
<SECURITIES>                                       425
<RECEIVABLES>                                  170,598
<ALLOWANCES>                                     9,436
<INVENTORY>                                     69,105
<CURRENT-ASSETS>                               269,752
<PP&E>                                       3,097,522
<DEPRECIATION>                               1,063,399
<TOTAL-ASSETS>                               2,771,164
<CURRENT-LIABILITIES>                          242,389
<BONDS>                                        904,669
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     79,708
<COMMON>                                       465,994
<OTHER-SE>                                     507,194
<TOTAL-LIABILITY-AND-EQUITY>                 2,771,164
<SALES>                                      1,226,341
<TOTAL-REVENUES>                             1,226,341
<CGS>                                          794,115
<TOTAL-COSTS>                                  996,143
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              65,835
<INCOME-PRETAX>                                179,624
<INCOME-TAX>                                    61,745
<INCOME-CONTINUING>                            117,879
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   117,879
<EPS-PRIMARY>                                     0.00<F1>
<EPS-DILUTED>                                     0.00<F1>
<FN>
<F1>All common stock is owned by parent, no EPS required.
</FN>
        

</TABLE>
**Exhibit 23.2**

 

**NOTICE REGARDING CONSENT OF ARTHUR ANDERSEN LLP**

 

Curis, Inc. (“Curis”) was unable after reasonable efforts to obtain the written consent of Arthur Andersen LLP(“Andersen”), Curis’ former independent public accountants, to incorporate by reference the report of Andersen, dated February 14, 2002, on the financial statements of Curis for the fiscal years ended December 31, 2000 and 2001. Suchreport appears herein and in the Annual Report on Form 10-K filed by Curis with the Securities and Exchange Commission on March 29, 2002, as required by Section 7 of the Securities Act of 1933, as amended (the “Securities Act”). However,Rule 437a of the Securities Act permits Curis to dispense with the requirement to file the written consent of Andersen. As a result, Andersen may not have any liability under Section 11(a) of the Securities Act for any untrue statements of amaterial fact contained in the financial statements audited by Andersen or any omissions of a material fact required to be stated therein. Accordingly, Curis’ stockholders may be unable to assert a claim against Andersen under Section 11(a) ofthe Securities Act.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

HECTOR MARTINEZ

,

Appellant

,

v.

THE STATE OF TEXAS

,

State

. §

§

§

§

§

§

§ No. 08

- 1 3

- 00 363

- C R

Appeal from the

409 th District Court

of El Paso C ounty, Texas

(TC# 20100D00750 )

O R D E R

The Court GRANTS Natalie Martinez ’s fourth request for an extension of time within

which to file the Reporter ’ s Record until June 2 7 , 2014

. NO FURTHER REQUESTS FOR

EXTENSION OF TIME TO FILE THE REPORTER ’ S RECORD WILL BE CONSIDERED

BY THIS COURT.

It is further ORDERED that Natalie Martinez

, Official Court Reporter for the 409 th

District Court for El Paso County, Texas, prepare the Reporter ’ s Record and forward the same to

this Court on or before June 2 7 , 2014

.

IT IS SO ORDERED this 18 th day of June , 20 1 4

.

PER CURIAM

Before McClure , C.J., Rivera and Rodriguez , JJ.
SOURCE: Bureau of Labor Statistics

Chart 4-1. Selected labor force characteristics of blacks or 

African Americans

0 20 40 60 80 100

Percent

In 2006, blacks or African Americans comprised:

15 percent of those

working part time for

economic reasons

22 percent of the

unemployed

11 percent of the

labor force

28 percent of the

long-term unemployed

25 percent of 

marginally attached

workers

Chart 4-1. Selected labor force characteristics of blacks or 

African Americans

• Blacks are more likely than other groups to experience labor market problems. 

For instance, while blacks made up 11 percent of the U.S. labor force in 2006, 

they accounted for 22 percent of the unemployed and 28 percent of the longterm unemployed (persons unemployed for 27 weeks or longer).

• Also, blacks comprised a disproportionately large share of the marginally 

attached—persons who were available for work and had searched for work 

during the prior 12 months but who were not currently looking for work.
<PAGE>   1
 
                                                                   EXHIBIT 23(a)
 
                        CONSENT OF INDEPENDENT AUDITORS
 
We consent to the incorporation by reference in each prospectus constituting
part of the Registration Statements on Form S-3 (No. 33-41475), and on Form S-8
(Nos. 2-92085, 33-44044, 33-45365, 33-46779, 33-51445, 33-51579, 33-53815,
33-53819, 33-62043, 33-62045, 333-12583, 333-12589, 333-12591, 333-13219,
333-30127, 333-23661, 333-23663, and 333-37497) of CBS Corporation of our report
dated January 27, 1999 appearing on page 23 of this Form 10-K. We also consent
to the incorporation by reference of our report on the financial statement
schedule, which appears on page 55 of this Form 10-K.
 
/s/ KPMG LLP
-----------------------
KPMG LLP
New York, New York
March 24, 1999
 
                                                      CBS CORPORATION         61
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.                  

###### Federal Reserve System

                    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).                          ( print page 37591)    

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 28, 2017.

*A. Federal Reserve Bank of Dallas*                     (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:                

                    1.                     *Emmet Ross Harris, Novia Kinsel Harris, Karen Ray Elliff, all of George West, Texas, Farrell Harris Saunders, Stuart Donovan Saunders, and minor children of Stuart Donovan Saunders, all of Houston, Texas;*                     to acquire voting shares of Live Oak Bancshares Corporation, and thereby indirectly acquire voting shares of South Trust Bank, N.A., both of George West, Texas.                

Board of Governors of the Federal Reserve System, August 8, 2017.

Yao-Chin Chao,

Assistant Secretary of the Board.

[FR Doc. 2017-17003 Filed 8-10-17; 8:45 am]

 BILLING CODE 6210-01-P
H. R. 917

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To designate the facility of the United States Postal Service located at 1830 South

Lake Drive in Lexington, South Carolina, as the ‘‘Floyd Spence Post Office Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The facility of the United States Postal Service located at

1830 South Lake Drive in Lexington, South Carolina, shall be

known and designated as the ‘‘Floyd Spence Post Office Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘Floyd Spence

Post Office Building’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.