alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Hollyer Brady Smith Troxell
                    Barrett Rockett Hines & Mone LLP
                           Attorneys at Law
                           551 Fifth Avenue
                        New York, NY 10176-2701
                        Telephone (212) 818-1110
                        Facsimile (212) 818-0494   



                               February 21, 1996


Churchill Tax-Free Fund of Kentucky
380 Madison Avenue, Suite 2300
New York, New York  10017

Gentlemen:

     You have requested that we render an opinion to
Churchill Tax-Free Fund of Kentucky (the "Fund") with
respect to the matters described in Rule 24f-2(b)(1)
under the Investment Company Act of 1940 (the "1940
Act") which you are required to file with the
Securities and Exchange Commission (the "Commission")
together with a Rule 24f-2 Notice for the fiscal year
of the Fund ended December 31, 1995 (the "Notice").

     We have examined originals or copies, identified
to our satisfaction as being true copies, of those
corporate records of the Fund, certificates of public
officials, and other documents and matters as we have
deemed necessary for the purpose of this opinion.  We
have assumed without independent verification the
authenticity of the documents submitted to us as
originals and the conformity to the original documents
of all documents submitted to us as copies.

     Upon the basis of the foregoing and in reliance
upon such other matters as we deem relevant under the
circumstances, it is our opinion that the shares of the
Fund, the registration of which is made definite by the
accompanying Notice, were legally issued by the Fund,
are fully paid and are non-assessable to the extent set
forth in its prospectus and/or statement of additional
information forming part of its registration statement
under the Securities Act of 1933.

     We have not verified, are not passing upon and do
not assume any responsibility for the accuracy or
completeness of the statements contained in the Notice,
or for the propriety of the filing of the Notice with
the Commission.    

     This letter is furnished to you pursuant to your
request and to the requirements imposed upon you by
Rule 24f-2(b)(1) under the Act and is intended solely
for your use for the purpose of completing the filing
of the Notice with the Commission.  This letter may not
be used for any other purpose or furnished to or relied
upon by any other persons, or included in any filing
made with any other regulatory authority, without our
prior written consent. 

     We hereby consent to the filing of this opinion
with said Notice.

                            Very truly yours,
                           
                         HOLLYER BRADY SMITH TROXELL   
                      BARRETT ROCKETT HINES & MONE LLP 


                           By: /s/ William L.D. Barrett
#### BEDE v. BECK et al.

Civ. No. 27692.

United States District Court N. D. Ohio, E. D.

Feb. 16, 1951.

*294John F. Oberlin, H. P. Fetterman, Cleveland, Ohio, for plaintiff.

Harvey R. Hawgood, Arthur H. Van Horn, Cleveland, Ohio, for defendants.

JONES, Chief Judge.

This is a patent infringement action before the court for consideration of defendants’ motion for summary judgment, and plaintiff’s objection to defendants’ sixth request for admissions.

Defendants ask the court to give summary judgment on the basis of information contained in plaintiff’s patent, a letter sent by plaintiff’s attorneys to defendants, and two drawings of the alleged infringing device. Defendants also rely on anticipated admissions, but the plaintiff denies the requests upon which reliance is placed, and they therefore, have no value for purpose of this motion.

While the device in question here does not seem so complicated, yet the court is not disposed to hold, on the meager record before it, that defendants’ device does not infringe. There is no written explanation of how defendants’ machine operates. The court is asked only to read the patent claims, examine the accompanying illustrations, and, by comparing them to> two illustrations furnished by defendants, which may or may not exactly represent defendants’ device, hold there is no infringement. The mere statement of 'this proposition makes it clear that such action ought not to be taken. Furthermore, the illustrations of both machines indicate that there is a marked similarity between the patented device and the alleged infringing device. The court will need more evidence on the nature of defendants’ machine before it can hold that it does not infringe.

This motion will be denied.

Defendants’ sixth request for admissions asks that plaintiff furnish illustrations of the apparatus which he now charges infringes his patent, and admit that the furnished illustration shows what he alleges to be infringing features.

This request does not call for admission of any fact, or genuineness of any document. It is at best an attempt to procure the production of a document or thing’which by the Fed.Rules Civ.Proc. 28, U.S.C.A. must be done in accordance with the more stringent provisions of Rule 34. Rule 36 is not to be used as a method of discovering evidence, as it is here, but only to force admission of facts about which there is no real dispute.

Plaintiff will not be required to answer this -request.
12-4310(L) United States v. Grimm
**UNITED STATES COURT OF APPEALS**
**FOR THE SECOND CIRCUIT**

**At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United**  **States Courthouse, 40 Foley Square, in the City of New York, on the 15**  **th day of August, two thousand fourteen.**  **PRESENT: ROBERT A. KATZMANN, Chief Judge**  **, DENNIS JACOBS,**  **JOSÉ A. CABRANES, ROSEMARY S. POOLER,**  **REENA RAGGI, RICHARD C. WESLEY,**  **PETER W. HALL, GERARD E. LYNCH,**  **DENNY CHIN, RAYMOND J. LOHIER, JR.,**  **SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,**  **Circuit Judges .**  *****

- - - - - - - - - - - - - - - - - - - - - -x **UNITED STATES OF AMERICA, Appellee**  **, - v.- 12-4310 (Lead)**  **12-4365 (Con) PETER S. GRIMM, DOMINICK P. CAROLLO, 12-4371 (Con)**  **STEVEN E. GOLDBERG, Defendants-Appellants**  **,**

* Circuit Judge Debra Ann Livingston recused herself from these proceedings.**UBS AG, UBS SECURITIES LLC, UBS FINANCIAL SERVICES, INC.,** 
**Intervenors**
.

- - - - - - - - - - - - - - - - - - - - -x For Appellee: James J. Fredericks, United States Department of Justice, Washington, DC, (Brent Snyder, Deputy Assistant Attorney General, Finnuala K. Tessier, United States Department of Justice, Washington, DC; Antonia R. Hill, Steven Tugander, United States Department of Justice, New York, NY, on the brief ).
For DefendantAppellant Grimm: Howard E. Heiss, O’Melveny & Myers LLP, New York, NY (Jonathan D. Hacker, Anton Metlitsky, Deanna M. Rice, Mark A. Racanelli, on the brief ).For DefendantAppellant Carollo: James R. Smart, McElroy, Deutsch, Mulvaney & Carpenter LLP, Morristown, NJ (Walter F. Timpone, on the brief ).For DefendantAppellant Goldberg: David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC (Brendan J. Crimmins, Emily T.P. Rosen, Andrew E. Goldsmith, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC; John S. Siffert, Daniel M. Gitner, Lanker Siffert & Wohl LLP, New York, NY, on the brief ).

2**ORDER** Following disposition of this appeal on December 9, 2013, an active judge of the Court requested a poll on whether to rehear the case en banc . A poll having been conducted and there being no majority favoring en banc review, rehearing en banc is hereby **DENIED**
. Gerard E. Lynch, Circuit Judge , joined by Reena Raggi, Peter W. Hall, and Raymond J. Lohier, Jr., Circuit Judges , dissents by opinion from the denial of rehearing en banc

.

FOR THE COURT: CATHERINE O’HAGAN WOLFE, CLERK

3GERARD E. LYNCH, Circuit Judge, with whom Judge RAGGI, Judge HALL, and Judge LOHIER join, dissenting from the denial of rehearing en banc : For the reasons stated by Judge Kearse in her dissent from the panel’s decision, United States v. Grimm , 738 F.3d 498, 504-09 (2d Cir. 2013), I believe that the majority opinion in this case is inconsistent with United States v. Salmonese , 352 F.3d 608 (2d Cir. 2003), and that en banc review is appropriate to settle the law of the Circuit. I therefore respectfully dissent from the denial of rehearing en banc

.
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<PAGE>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF OLD DOMINION ELECTRIC COOPERATIVE AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
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<PERIOD-START>                             JAN-01-2000
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<FN>
<F1>
OLD DOMINION IS ORGANIZED AND OPERATED AS A COOPERATIVE. PATRONAGE CAPITAL
IS THE RETAINED NET MARGINS OF OLD DOMINION WHICH HAVE BEEN ALLOCATED TO ITS
MEMBERS BASED ON THEIR RESPECTIVE POWER PURCHASES IN ACCORDANCE WITH OLD
DOMINION'S BYLAWS.
</FN>


</TABLE>
exv10w55






Exhibit 10.55



CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO
RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.




CONFIDENTIAL




280 East Grand Avenue

South San Francisco, CA 94080

Tel (650) 624-3000 Fax (650) 624-3010




March 11, 2008




Vinod Ramachandran, Ph.D.

Alliance Management

Worldwide Business Development

2301 Renaissance Blvd.

Mailstop: RN0420

King of Prussia, PA 19406




Re: Amendment to Collaboration and License Agreement; [***]




Dear Dr. Ramachandran:



As you know, Glaxo Group Limited (“GSK”) and Cytokinetics, Inc. (“CK”) are parties
to that certain Collaboration and License Agreement dated June 20, 2001, as amended (the
“Collaboration Agreement”).



The Parties agree that the last sentence of Section 8.2.1 of the Collaboration Agreement is hereby
amended in its entirety to read as follows:





“Subject always to the foregoing, [***] will be responsible at the expense of [***] for
drafting, filing, prosecuting and maintaining any jointly owned Patent directed primarily to
Compounds [***], including, but not limited to, processes for making Compounds [***],
methods of use of Compounds [***] or intermediates of such; provided that [***] may elect to
request that [***] be responsible for drafting, filing, prosecuting and maintaining any such
Patent, subject to [***] in connection therewith.”


Except as specifically modified hereby, the Collaboration Agreement shall remain in full force and
effect. Capitalized terms used herein and not otherwise defined have the meaning ascribed in the
Collaboration Agreement.



Please have this letter countersigned by an authorized representative of GSK if you agree to the
foregoing terms.




	 	 	 	 	 	 	 
	Sincerely,	 	Agreed and accepted:
	 
	 	 	 	 	 	 
	/s/ Robert I. Blum	 	GLAXO GROUP LIMITED
	 
	 	 	 	 	 	 
	 	 	By:	 	/s/ Paul Williamson
	 

	 	 	 	 	 	 
	 

	 	 	 	Name:
	 	Paul Williamson
	Robert I. Blum
President and Chief Executive Officer

Cytokinetics, Inc.	 	Title: for and on behalf of Edinburgh
Pharmaceutical Industries, Limited, Corporate
Director
Date:   20 March 2008
	 
	cc:

	 	Lisa A. DeMarco, Esq., Vice President


and Associate General Counsel,
	 	 
	 	 
	 

	 	
R&D Legal Operations, GlaxoSmithKline

Laura Madden, Esq., Patent Counsel,
GlaxoSmithKline
	 	 
	 	 





 




*** Certain information on the page has been omitted and filed separately with the Commission.
Confidential treatment has been requested with respect to the omitted portions.
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<ARTICLE> 5
       
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<PERIOD-TYPE>                   3-MOS
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<PERIOD-END>                               MAR-31-1997
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<SECURITIES>                                    26,694
<RECEIVABLES>                                   52,548
<ALLOWANCES>                                   (4,167)
<INVENTORY>                                     13,593
<CURRENT-ASSETS>                               134,981
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<DEPRECIATION>                                 (9,234)
<TOTAL-ASSETS>                                 165,998
<CURRENT-LIABILITIES>                           30,183
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<COMMON>                                           257
<OTHER-SE>                                     134,454
<TOTAL-LIABILITY-AND-EQUITY>                   165,998
<SALES>                                         19,565
<TOTAL-REVENUES>                                47,451
<CGS>                                           13,536
<TOTAL-COSTS>                                   30,488
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                   1
<INCOME-PRETAX>                                  5,467
<INCOME-TAX>                                     2,351
<INCOME-CONTINUING>                              3,116
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,116
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12
        


</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                      11,569,087
<SECURITIES>                                         0
<RECEIVABLES>                                6,565,600
<ALLOWANCES>                                    66,724
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<DEPRECIATION>                               3,416,886
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<CGS>                                       10,366,567
<TOTAL-COSTS>                               12,200,429
<OTHER-EXPENSES>                             3,530,433
<LOSS-PROVISION>                                22,500
<INTEREST-EXPENSE>                             284,042
<INCOME-PRETAX>                                956,317
<INCOME-TAX>                                    44,000
<INCOME-CONTINUING>                            912,317
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<CHANGES>                                            0
<NET-INCOME>                                   912,317
<EPS-PRIMARY>                                     0.05
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</TABLE>
Report of Independent Registered Public Accounting Firm



To the Shareholders and Board of Trustees of the Churchill Tax-Free Fund of
Kentucky:

We consent to the incorporation by reference, in this statement of Additional
Information, of our report dated February 18, 2005, on the statement of assets
and liabilities for the Churchill Tax-Free Fund of Kentucky (the "Fund"), as of
December 31, 2004, and the related statement of operations for the year then
ended, the statements of changes in net assets for each of the years in the
two-year period then ended and the financial highlights for each of the years in
the five- year period then ended. These financial statements and financial
highlights and our report thereon are included in the Annual Report of the Fund
as filed on Form N-CSR.

We also consent to the references to our firm under the headings "Independent
Registered Public Accounting Firm" and "Financial Highlights" in the Prospectus
and "Financial Statements," and "Transfer Agent, Custodian and Independent
Registered Public Accounting Firm" in the Statement of Additional Information.



                                           KPMG LLP

New York, New York
April 29, 2005
Compensation Information for Non-Employee Directors.



 Exhibit 10.18 
 COMPENSATION INFORMATION FOR NON-EMPLOYEE DIRECTORS 
 Exelixis, Inc. 
 2009 Cash Compensation for Non-Employee Directors 
  

						
	 Board of Directors
	  	Retainer Fee	  	$	20,000
		  	Additional Chair Retainer Fee	  	$	25,000
		  	Regular Meeting Fee	  	$	2,500
		  	Special Meeting Fee*	  	$	1,000
	 Audit Committee
	  	Retainer Fee	  	$	6,000
		  	Additional Chair Retainer Fee	  	$	10,000
		  	Meeting Fee**	  	$	1,000
	 Compensation Committee
	  	Retainer Fee	  	$	5,000
		  	Additional Chair Retainer Fee	  	$	5,000
		  	Meeting Fee**	  	$	1,000
	 Nominating & Corporate Governance Committee
	  	Retainer Fee	  	$	5,000
		  	Additional Chair Retainer Fee	  	$	5,000
		  	Meeting Fee**	  	$	1,000
	 Research & Development Committee
	  	Retainer Fee	  	$	10,000
		  	Additional Chair Retainer Fee	  	$	10,000
		  	Meeting Fee**	  	$	5,000

  

	*	Meeting at which minutes are generated. 

  

	**	In-person meeting or teleconference at which minutes are generated. 

 Exelixis, Inc. 
 2009 Equity Compensation for Non-Employee Directors 
  

								
	 Board of Directors
	  	Initial Option Grant*	  	Number of Options	  	25,000	 
		  	Annual Option Grant	  	Number of Options	  	11,250	**

  

	*	For new directors only. 

  

	**	Our 2000 Non-Employee Directors’ Stock Option Plan provides for an annual option grant to each non-employee director of 15,000 options. Each of our non-employee directors has
waived his right to 25% of the annual option grant for 2009. The annual option grants will occur automatically on the date of our 2009 Annual Meeting of Stockholders.
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q/A FOR THE PERIOD ENDING MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
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<PERIOD-START>                             JAN-01-1997
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<EXCHANGE-RATE>                                      1
<CASH>                                      14,941,000
<SECURITIES>                                         0
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<PP&E>                                      36,965,000
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<TOTAL-ASSETS>                              89,120,000
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<PREFERRED-MANDATORY>                                0
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