alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JULIUS SCHMID, Inc., v. McKAY.

No. 34504.

Oct. 24, 1950.

*223 P. 2d 529.*

Simons, Simons, Mitchell, Headrick & Munn, of Enid, for plaintiff in error.

L. E. Roseboom, of Enid, for defendant in error.

WELCH, J.

Plaintiff in error, who was plaintiff below, has appealed from a judgment entered against him in the trial court denying certain injunctive relief sought by the plaintiff.

*503Plaintiff in error has served and filed his brief in full compliance with the rules of this court. The defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Anderson v. Culver, 199 Okla. 306, 185 P. 2d 918, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the judgment may be reversed and the cause remanded with directions.

Our many decisions and determinations in such circumstances justify the conclusion that we may treat such action on the part of the defendant as an abandonment of his defense or as a confession of the right of plaintiff to the relief sought.

The judgment denying plaintiff the relief sought is reversed and the cause is remanded to the trial court, with directions to vacate the judgment entered in favor of defendant, and to enter judgment for the plaintiff for the relief sought.

ARNOLD, V. C. J., and CORN, GIBSON, LUTTRELL, HALLEY, JOHNSON, and O’NEAL, JJ., concur.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           4,297
<INT-BEARING-DEPOSITS>                           8,574
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     14,394
<INVESTMENTS-CARRYING>                           7,801
<INVESTMENTS-MARKET>                             7,750
<LOANS>                                        104,296
<ALLOWANCE>                                      2,650
<TOTAL-ASSETS>                                 148,571
<DEPOSITS>                                     116,332
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                279
<LONG-TERM>                                     17,475
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,359
<OTHER-SE>                                      13,126
<TOTAL-LIABILITIES-AND-EQUITY>                 148,571
<INTEREST-LOAN>                                  7,116
<INTEREST-INVEST>                                1,393
<INTEREST-OTHER>                                   348
<INTEREST-TOTAL>                                 8,857
<INTEREST-DEPOSIT>                               3,352
<INTEREST-EXPENSE>                               1,115
<INTEREST-INCOME-NET>                            4,390
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                 244
<EXPENSE-OTHER>                                  3,727
<INCOME-PRETAX>                                  1,464
<INCOME-PRE-EXTRAORDINARY>                       1,464
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       952
<EPS-PRIMARY>                                      .70
<EPS-DILUTED>                                     .690
<YIELD-ACTUAL>                                   9.230
<LOANS-NON>                                      2,186
<LOANS-PAST>                                        82
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  3,632
<ALLOWANCE-OPEN>                                 2,666
<CHARGE-OFFS>                                      226
<RECOVERIES>                                       210
<ALLOWANCE-CLOSE>                                2,650
<ALLOWANCE-DOMESTIC>                             2,650
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
<PAGE>   1
                                                                   Exhibit 10.20

                     FIRST ADDENDUM TO CONSULTING AGREEMENT

         This First Addendum to Consulting Agreement is made and entered into
effective the 31st day of October 1996 (the "Effective Date"), by and between
William N. Lambrinides ("Mr. Lambrinides") and Skyline Chili, Inc., an Ohio
corporation (the "Company").

         WHEREAS, Mr. Lambrinides and the Company entered into a Consulting
Agreement dated August 31, 1994 (the "Consulting Agreement") pursuant to which
Mr. Lambrinides has been providing consulting services to the Company;

         WHEREAS, the initial term of the Consulting Agreement expired on
October 30, 1996; and

         WHEREAS, pursuant to Paragraph 9(a) of the Consulting Agreement, Mr.
Lambrinides and the Company have mutually agreed to renew the Consulting
Agreement for an additional one year term.

         NOW THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, Mr. Lambrinides and the Company agree as follows:

         1. RENEWAL OF CONSULTING PERIOD. From the Effective Date through
October 26, 1997 (the "Consulting Period"), Mr. Lambrinides shall continue to
provide such Consulting Services as are reasonably requested by the Company. All
of the terms and conditions of the Consulting Agreement shall continue to apply
during this extended Consulting Period. The Company shall continue to maintain
the life insurance policy on Mr. Lambrinides' life in the amount of $250,000
from the Effective Date through October 26, 1997.

         2. TERM OF FIRST ADDENDUM. Unless terminated on an earlier date or
renewed as provided in the Consulting Agreement, the extended term of the
Consulting Agreement and this First Addendum shall expire on October 26, 1997.
All references in the Consulting Agreement to its "initial term" shall now be
deemed references to the extended term described in this First Addendum as the
context requires.

         3. MISCELLANEOUS. Except as modified in this First Addendum, all of the
terms and conditions of the Consulting Agreement shall remain in effect and are
hereby reaffirmed by the parties hereto. Capitalized terms used in this First
Addendum and not defined herein shall have the meanings ascribed to them in the
Consulting Agreement.

         IN WITNESS WHEREOF, Mr. Lambrinides and the Company have signed this
First Addendum as of the Effective Date.

                                        /s/ William N. Lambrinides
                                        ---------------------------------------
                                        Lambert N. Lambrinides


                                        SKYLINE CHILI, INC.

                                        By: /s/ Kevin R. McDonnell
                                           ------------------------------------
                                        Its: President, CEO
Dismiss and Opinion Filed May 16 , 2013.

In The



## Court of Appeals

**Fifth District of Texas at Dallas**

No. 05

- 12

- 00841

- CR

CLIFFORD CU RTIS BELL, A ppellant

V.

THE STATE OF TEXAS, A ppellee

On Appeal from the 204th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F11

- 27307

- Q



### MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Evans

Appellant has filed a motion to dismiss the appeal. Appellant’s counsel has approved the

motion. Th e Court GRANTS the motion and ORDERS th at th e appeal be DISMISSED and

this decision be certified below for observance. See T EX

. R. A PP

. P. 42.2(a).

PER CURIAM

Do Not Publish

T EX

. R. A PP

. P. 47

120841F.U05
#### Bernard J. MALONE, as trustee in Bankruptcy of Little Falls Dairy Company, Inc., Plaintiff-Appellant, v. David GIMPEL, Defendant-Appellee.

No. 202, Docket 24322.

United States Court of Appeals Second Circuit.

Argued March 6, 1957.

Decided March 28, 1957.

James A. McTiernan, Little Falls, N. Y., for plaintiff-appellant.

Bartle Gorman, Utica, N. Y. (J. Walter Augar, Utica, N. Y„ on the Brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge-

PER CURIAM.

Affirmed on the opinion of Judge Brennan, D.C., 151 F.Supp. 549.
#### UNITED STATES of America, Plaintiff-Appellee v. Robert Allen STANFORD, Defendant Michael Martin Essmyer, Sr., Esq., Appellant.

No. 10-20483.

United States Court of Appeals, Fifth Circuit.

Jan. 4, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*933Ali R. Fazel, Scardino & Fazel, Houston, TX, for Defendant.

Before GARWOOD, ELROD and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The court has been advised in writing in November 2010 (subsequent to the filing of the briefs in this appeal) by appellant Essmyer that the district court, in October 2010, had vacated its prior order or orders denying Essmyer’s motion to withdraw as counsel for defendant Robert Allen Stanford in cause No. H-09-342, *United States v. Robert Allen Stanford, et al,*United States District Court for the Southern District of Texas, and had granted Essmyer’s motion to withdraw as counsel for defendant Robert Allen Stanford in said cause, and that accordingly appellant Essmyer does thereby “notify the 5th Circuit of the mootness of this appeal.” The United States has not advised otherwise. Accordingly, the instant appeal is hereby dismissed as moot.

APPEAL DISMISSED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Interim Decision #1475

Kum or LABIANO
In Visa Petition Proceedings

A

- 14241316
Dedied.by Board April 30, 180

Since the marriage on September 1, 1964, at Reno, Nevada of petitioner and beneficiary, uncle 'and niece, respectively, is void under section 125.290 of the Nevada Revised Statutes because within the degree of consanguinity prohibited by section 122.020 of the Nevada Revised Statutes, approval of the visa petition to accord beneficiary nonquota status on the basis of that marriage is revoked.

' The case comes forward on appeal from the order of the District' Direct w, San. Francisco District, dated January 11, 1965 revoking the nonquota visa petition previously approved on behalf of the beneficiary on October 22, 1964 for the reason that the marriage of the parties, who are uncle and niece, is not valid under Nevada law and the petition :was approved in error. The petitioner, a native of the Philippine Islands, a naturalized _ citizen of the United States; 56 years old, seeks nonquota status on behalf of the beneficiary, a native and citizen of the Philippine Islands, 23 years old. The parties were married on September 1, 1964 at Reno, Nevada. A prior marriage of the petitioner was terminated by a decree of divorce in the Superior Court of the State of California for the City and County of San Francisco on, July 1961. A sworn statement was taken from the beneficiary by a Service officer on November 9, 1964. She testified that The petitioner is her uncle, the brother of her mother, whose maiden name was Mariano. She stated that her uncle changed his family name when he applied for naturalization. The petitioner and the beneficiary's mother have the same common parents, Severo Mariano and Modesto, Paulo. Section 122.020 of the Nevada Revised Statutes provides: "1. Male persons of the age of 18 years, and female persons of the age of 16
years, not nearer kin than second cousins or cousins of the half blood,

200

### interim Decision #1415


### and not having a husband or wife living may be joined. in marriage." Section 125.290 of the Nevada Revised Statutes (1957) reads: "The following marriages, if celebrated within the state, are void without any decree of divorce or annulment or other legal proceedings: 1. All

### marriages which are prohibited b: law because of: (a) Consanguinity between the parties; * * *." . The petitioner and 

### the beneficiary in the instant case are uncleand niece, respectively. Their marirage is within the degree of consanguinity prohibited by section 122.020: of the 'Nevada Revised

. Statutes and they do not postess the capacity to enter into a valid marriage. Under section 125.290 of the Nevada Revised . Statutes 

### the marriage is void. The parties appear to have beau 

### ignorant of the provisions of Nevada law but that does not.remedy the defect in their marriage. The appeal will be dismissed. mised.ORDER: It is ordered. that the appeal from the order of the District Director revoking the approval of the visa 

### petition be and the same is hereby dismissed.

, 201
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MUTUAL RISK
MANAGEMENT LTD.'S FINANCIAL STATEMENTS AS OF DECEMBER 31, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000826918
<NAME> MUTUAL RISK MANAGEMENT LTD.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<DEBT-HELD-FOR-SALE>                           460,624
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 460,624
<CASH>                                         117,423
<RECOVER-REINSURE>                           1,079,563
<DEFERRED-ACQUISITION>                          27,215
<TOTAL-ASSETS>                               3,074,257
<POLICY-LOSSES>                              1,190,426
<UNEARNED-PREMIUMS>                            241,893
<POLICY-OTHER>                                  79,753
<POLICY-HOLDER-FUNDS>                           37,448
<NOTES-PAYABLE>                                129,023
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           422
<OTHER-SE>                                     342,744
<TOTAL-LIABILITY-AND-EQUITY>                 3,074,257
<PREMIUMS>                                     101,913
<INVESTMENT-INCOME>                             29,590
<INVESTMENT-GAINS>                             (1,003)
<OTHER-INCOME>                                 157,414
<BENEFITS>                                      78,258
<UNDERWRITING-AMORTIZATION>                     26,061
<UNDERWRITING-OTHER>                           110,625
<INCOME-PRETAX>                                 72,970
<INCOME-TAX>                                     8,536
<INCOME-CONTINUING>                             64,434
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    64,527
<EPS-PRIMARY>                                     1.56
<EPS-DILUTED>                                     1.42
<RESERVE-OPEN>                                  85,764
<PROVISION-CURRENT>                             74,476
<PROVISION-PRIOR>                                3,782
<PAYMENTS-CURRENT>                              15,039
<PAYMENTS-PRIOR>                                38,119
<RESERVE-CLOSE>                                110,864
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
Exhibit 23.1











CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-157603) and Form S-8 (No. 333-43462, 333-143166 and 333-143165) of Central Virginia Bankshares, Inc and subsidiaries of our report dated April 15, 2010, except for Note 22 which is dated May 17, 2010, relating to our audit of the consolidated financial statements, which appear in the Annual Report to Stockholders, which is incorporated in the Annual Report on Form 10-K/A of Central Virginia Bankshares, Inc. and subsidiaries for the year ended December 31, 2009.









Winchester, Virginia


May 17, 2010
Exhibit 32

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


     In connection with the Quarterly Report of CERBCO,  Inc. (the "Company") on
Form 10-QSB for the fiscal quarter ending  September 30, 2003, as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned  hereby certify,  pursuant to and for purposes of 18 U.S.C.  Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that:

     (1)  The Report fully  complies with the  requirements  of Section 13(a) or
          15(d) 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 the Company.



November 14, 2003
                                /s/ Robert W. Erikson
                                ----------------------------------------------
                                Robert W. Erikson
                                President

November 14, 2003
                                /s/ George Wm. Erikson
                                ----------------------------------------------
                               George Wm. Erikson
                               Chairman & General Counsel

November 14, 2003
                               /s/ Robert F. Hartman
                               -----------------------------------------------
                               Robert F. Hartman
                               Vice President, Secretary & Treasurer
Conflict Resolution Week (CRW) Code of Conduct

All attendees, speakers, sponsors, and other participants at our conference are required to agree to 

follow the CRW Code of Conduct. We expect cooperation from all participants to help ensure a safe 

environment for everybody.

Harassment is strictly prohibited at CRW and will be enforced accordingly.

Harassment includes: offensive verbal or written comments, actions, images, photography, recordings; 

deliberate intimidation; stalking; disruption of CRW; inappropriate backgrounds; or unwelcome 

attention based on, but not limited to, sex, gender identity and expression, age, familial status, sexual 

orientation, disability, physical appearance, body size, race, color, ethnicity, national origin, religion, or 

veteran status.

Participants asked to stop any harassing behavior are expected to comply immediately.

If a participant engages in harassing behavior or any other disruption of CRW, the conference 

organizers may take any action they deem appropriate, including warning the offender or expulsion 

from the conference.

By registering for this event you hereby agree to the terms and conditions. 

If you are being harassed, notice that someone else is being harassed, or have any other concerns, 

please contact the FMCS Office of General Counsel immediately at ogc@fmcs.gov or 202-606-5444.

We value your attendance.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

April 16, 2019

izm 

# Order

Clerk April 16, 2019

159447(21)

JAMMIE COLLIER,

Plaintiff

- Appellant,

v SC: 159447

CoA: 346323

DEPARTMENT OF CORRECTIONS

Defendant

- Appellee.

______________________________________/

On order of the Chief Justice, the motion to waive fees is considered and it is

DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable

for filing fees.

Appellant is not required to pay an initial partial fee. However, for an appeal to be

filed, within 21 days of the date of this order, appellant shall submit a copy of this

order and refile the copy of the pleadings returned wit h this order . By doing this,

appellant becomes responsible to pay the $375.00 filing fee. Failure to comply with this

order shall result in the appeal not being filed in this Court.

If appellant timely refiles the pleadings, monthly payments shall be made to the

Department of Corrections in the amount of 50 percent of the deposits made to appellant’s

account until the payments equal the balance due of $375.00. This amount shall then be

remitted to this Court.

Pursuant to MCL 600.2963(8), appellant shall not file a new civil action or appeal

in this Court until the entry fee in this case is paid in full.

The Clerk of the Court shall furnish two copies of this order to appellant and return

a copy of appellant’s pleadings with this order.
<PAGE>
                           QUALITY FOOD CENTERS, INC.
                                   EXHIBIT 11
                       COMPUTATION OF EARNINGS PER SHARE

    Calculations of earnings per share reported in this report on Form 10-K 
for the periods presented are based on the following:

<TABLE>
<CAPTION>
                                                             FISCAL YEAR        FISCAL YEAR        FISCAL YEAR
                                                                ENDED              ENDED              ENDED
                                                          DECEMBER 28, 1996  DECEMBER 30, 1995  DECEMBER 31, 1994
                                                          -----------------  -----------------  -----------------
<S>                                                       <C>                <C>                <C>
 
PRIMARY
 
  Weighted average shares outstanding...................       14,547,687         15,706,279         19,434,211
 
  Dilutive effect of stock options......................          340,313            123,721            221,789
                                                               ----------         ----------          ----------

  Weighted average common and equivalent shares
    outstanding.........................................       14,888,000         15,830,000         19,656,000
                                                               ----------         ----------          ----------
                                                               ----------         ----------          ----------
FULLY DILUTED
 
  Weighted average shares outstanding...................       14,547,687         15,706,279         19,434,211
 
  Dilutive effect of stock options......................          459,313            125,721            239,789
                                                               ----------         ----------          ----------
 Weighted average common and equivalent shares
    outstanding.........................................       15,007,000         15,832,000         19,674,000
                                                               ----------         ----------          ----------
                                                               ----------         ----------          ----------
</TABLE>