alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
- 389 -

Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

IN RE ESTATE OF LAKIN

Cite as 310 Neb. 389

In re Estate of Charles E. Lakin, deceased.

Charles E. Lakin Foundation, Inc., appellant, v. 

Thomas Pribil and William Kilzer, Copersonal 

Representatives of the Estate of 

Charles E. Lakin, appellees.

In re Trust of Charles E. Lakin, deceased.

Charles E. Lakin Foundation, Inc., appellant, v. 

Thomas Pribil and William Kilzer, Cotrustees 

of the Charles E. Lakin Revocable 

Trust, et al., appellees.

___ N.W.2d ___

Filed November 19, 2021. Nos. S-20-093, S-20-094.

supplemental opinion

Appeals from the County Court for Douglas County: 

Stephanie S. Shearer, Judge. Former opinion modified. 

Motions for rehearing overruled.

Zachary W. Lutz-Priefert, Frederick D. Stehlik, William J. 

Lindsay, Jr., and John A. Svoboda, of Gross & Welch, P.C., 

L.L.O., for appellant.

Edward D. Hotz, Amanda M. Forker, and Benjamin C. 

Deaver, of Pansing, Hogan, Ernst & Bachman, L.L.P., for 

defendants-appellees Thomas L. Pribil and William A. Kilzer.

Trenten P. Bausch and Megan S. Wright, of Cline, Williams, 

Wright, Johnson & Oldfather, L.L.P., for appellee Thomas L. 

Pribil in his individual capacity.

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

12/31/2021 01:07 AM CST
- 390 -

Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

IN RE ESTATE OF LAKIN

Cite as 310 Neb. 389

Cathy S. Trent-Vilim and Brian J. Brislen, of Lamson, 

Dugan & Murray, L.L.P., for appellee William A. Kilzer, an 

individual.

Heavican, C.J., Cassel, Stacy, Funke, and Freudenberg, 

JJ.

Per Curiam.

This case is before us on three motions for rehearing filed 

by the appellees, Thomas Pribil and William Kilzer—in their 

individual capacities and their capacities as copersonal representatives and cotrustees—concerning our opinion in In re 

Estate of Lakin.

 1 While there is no substantive merit to the 

motions, Pribil and Kilzer point out that this court incorrectly 

found that the check used to pay Pribil was not in our record. 

The check appears in exhibit 59.

We overrule the motions, but modify the original opinion 

to substitute language as follows. In the paragraph under the 

subheading “7. § 6-1437,” we withdraw the third and fourth 

sentences and substitute: “Our record is not clear on the 

source of the payment and the capacity of the person making 

the payment.”

The remainder of the opinion shall remain unmodified.

Former opinion modified.

Motions for rehearing overruled.

Miller-Lerman and Papik, JJ., not participating.

1 In re Estate of Lakin, 310 Neb. 271, 965 N.W.2d 365 (2021).
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Spectra Energy Partners, LP on Form 10-K for the period
ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gregory J. Rizzo, President and Chief Executive Officer of Spectra Energy Partners GP, LLC, general partner of Spectra
Energy Partners (DE) GP, LP, general partner of Spectra Energy Partners, LP, certify, pursuant to 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 Spectra Energy Partners, LP.



|                     |  |                                                                                                                                                                                             
|-------------------- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Date: March 11, 2009 |  | /s/ Gregory J. Rizzo                                                                                                                                                                        
|                     |  | Gregory J. Rizzo President and Chief
Executive Officer Spectra Energy Partners GP, LLC General
Partner of Spectra Energy Partners (DE) GP, LP General Partner of Spectra Energy Partners, LP
|                    
|                    
|                    
|
[No. 49075-3-I.

Division One.

August 27, 2007.]

#### The State of Washington, *Respondent,*v. Victor Matthew David, *Appellant.*

Appeal from a judgment of the Superior Court for Snohomish County, No. 99-1-01001-3, Thomas J. Wynne, J., entered August 14, 2001. *Remanded*by unpublished opinion per Baker, J., concurred in by Coleman and Cox, JJ.
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           9,515
<INT-BEARING-DEPOSITS>                          13,413
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     22,165
<INVESTMENTS-CARRYING>                          18,227
<INVESTMENTS-MARKET>                            18,425
<LOANS>                                        389,059
<ALLOWANCE>                                      2,283
<TOTAL-ASSETS>                                 463,820
<DEPOSITS>                                     351,030
<SHORT-TERM>                                     6,789
<LIABILITIES-OTHER>                              2,778
<LONG-TERM>                                     50,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      53,179
<TOTAL-LIABILITIES-AND-EQUITY>                 463,820
<INTEREST-LOAN>                                 28,450
<INTEREST-INVEST>                                2,814
<INTEREST-OTHER>                                   909
<INTEREST-TOTAL>                                32,173
<INTEREST-DEPOSIT>                              15,279
<INTEREST-EXPENSE>                              17,271
<INTEREST-INCOME-NET>                           14,902
<LOAN-LOSSES>                                      682
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  8,446
<INCOME-PRETAX>                                  7,038
<INCOME-PRE-EXTRAORDINARY>                       4,397
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,397
<EPS-PRIMARY>                                     1.22
<EPS-DILUTED>                                     1.16
<YIELD-ACTUAL>                                    7.96
<LOANS-NON>                                        444
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,684
<CHARGE-OFFS>                                     (86)
<RECOVERIES>                                         3
<ALLOWANCE-CLOSE>                                2,283
<ALLOWANCE-DOMESTIC>                             2,283
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
AMENDED HLD-007 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 19-2631

___________

IN RE: TERRELLE NELSON,

Petitioner

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the District of New Jersey

(Related to D.N.J. Civ. No. 1-17-cv-05083)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

August 8, 2019

Before: SMITH, Chief Judge, AMBRO and ROTH, Circuit Judges

(Opinion filed: October 3, 2019)

_________

OPINION*

_________

PER CURIAM

Terrelle Nelson filed a petition for a writ of mandamus to compel the District 

Court to rule on the proceedings relating to his motion to vacate, set aside, or correct 

sentence pursuant to 28 U.S.C. § 2255. By opinion and separate order entered September 

6, 2019, the District Court denied Nelson’s § 2255 motion, and dismissed as moot the 

 * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

pending motions. In light of the District Court’s action, this mandamus petition no longer 

presents a live controversy. Therefore, we will dismiss it as moot. See Blanciak v. 

Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) (“If developments occur 

during the course of adjudication that eliminate a plaintiff’s personal stake in the outcome 

of a suit or prevent a court from being able to grant the requested relief, the case must be 

dismissed as moot.”). 

After the District Court ruled, Nelson submitted a “Supplemental Memorandum in 

Support of Writ of Mandamus” in which he essentially challenges the District Court’s 

disposition of his § 2255 claims and related motions. To the extent that he presents an 

additional argument for mandamus relief, we decline to grant relief because mandamus 

may not be used as a substitute for an appeal. See In re Diet Drugs Prods. Liab. Litig., 

418 F.3d 372, 378-79 (3d Cir. 2005). 

Because it appears from the “Supplemental Memorandum” that Nelson is 

expressing an intention to appeal, the Clerk of Court is directed to forward the document 

to the Clerk of the District Court for the District of New Jersey to be treated as a notice 

of appeal from the District Court order entered September 6, 2019, in D.N.J. Civ. No. 1-

17-cv-05083. See 3d Cir. L.A.R. 3.4. We note that the document was placed in prison 

mail on September 17, 2019, and should be docketed as of that date.
EXHIBIT 3.1

                                                      Filed in the Office of the
                                                     Secretary of State of Texas
                                                                     May 1, 2000
                                                            Corporations Section
                              ARTICLES OF AMENDMENT
                                     TO THE
                            ARTICLES OF INCORPORATION
                                       OF
                     SOUTHWEST BANCORPORATION OF TEXAS, INC.

      Pursuant to the provisions of article 4.04 of the Texas Business
Corporation Act, the undersigned corporation adopts the following articles of
amendment to its articles of incorporation:

                                   ARTICLE ONE

      The name of the corporation is Southwest Bancorporation of Texas, Inc.

                                   ARTICLE TWO

      Section 4.1 of Article 4 of the Articles of Incorporation is hereby
amended to read in its entirety as follows:

                  "Section 4.1. AUTHORIZED SHARES. The aggregate number of all
            classes of stock which the Corporation has authority to issue is
            76,000,000 shares, of which (A) 75,000,000 shares shall be Common
            Stock having a par value of $1.00 per share, and (B) 1,000,000
            shares shall be Preferred Stock with a par value of $.01 per share,
            which may be divided into and issued in series as set forth in this
            Article 4."

                                  ARTICLE THREE

      The above amendment was adopted by the shareholders of the corporation on
April 26, 2000.

                                  ARTICLE FOUR

      At the time of adoption, 28,130,673 shares of common stock and no shares
of preferred stock were outstanding, and all of such outstanding shares were
entitled to vote on such amendment.

                                  ARTICLE FIVE

      The number of shares voted in favor of such amendment was 23,136,112, and
the number of shares voted against such amendment was 561,783.


      Dated the 28th day of April, 2000.

                             SOUTHWEST BANCORPORATION OF TEXAS, INC.


                             By: /s/ R. JOHN MCWHORTER
                                     R. John McWhorter
                                     Senior Vice President and Controller
Exhibit





Exhibit 10.2



NOTE


July 16, 2020


FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby, jointly and severally, promises to pay to the order of W.P. Carey Inc. or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to the Borrower under that certain Loan Agreement, dated as of July 16, 2020 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among W.P. Carey Inc. (together with its permitted successors and assigns, the “Company”) and the Borrower.


The Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement.  If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement.


This Note is the Note referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein.  This Note is also entitled to the benefits of the Guaranty.  Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. 


The Borrower, for itself and its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note.


THIS NOTE AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS REVOLVING CREDIT NOTE AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.


[Remainder of page intentionally left blank.]












IN WITNESS WHEREOF, the Borrower has caused this Note to be executed by its duly authorized officer as of the date first above written.


	
		
	BORROWER:

	 
	 

	CPA:18 LIMITED PARTNERSHIP, a Delaware limited partnership

	 
	 

	By: CORPORATE PROPERTY ASSOCIATES 18 – GLOBAL INCORPORATED, a Maryland corporation and its general partner

	 
	 

	 
	 

	By:
	/s/ ToniAnn Sanzone

	Name:
	ToniAnn Sanzone

	Title:
	Chief Financial Officer
<PAGE>

                                 EXHIBIT 11

                        METRO INFORMATION SERVICES, INC.

                COMPUTATION OF PRO FORMA EARNINGS PER SHARE (1)

<TABLE>
<CAPTION>
                                                                        THREE MONTHS ENDED
                                                                            MARCH 31,
                                                                    --------------------------
<S>                                                                 <C>           <C>
                                                                        1996          1997
                                                                    ------------  ------------
SHARES (2)

Average outstanding during the period (3).........................    12,187,851    14,033,000

Add: Incremental shares related to stock issued within the year
  preceding the filing under the treasury stock method using an
  offering price of $16 per share (4).............................       282,362       --

Add: The number of shares obtained by dividing the amount by which
  the distributions during the period exceeded earnings for the
  period, by an offering price of $16 per share (5)...............       362,152       --
                                                                    ------------  ------------
Number of shares on which published earnings per share is based...    12,832,365    14,033,000
                                                                    ------------  ------------
                                                                    ------------  ------------
EARNINGS

Pro forma net income applicable to common shareholders............  $  1,213,000  $  1,832,000
                                                                    ------------  ------------
                                                                    ------------  ------------
Pro Forma Earnings Per Share......................................  $       0.09  $       0.13
                                                                    ------------  ------------
                                                                    ------------  ------------
</TABLE>

------------------------
(1) There is no difference between primary and fully-diluted earnings per share.
    Therefore, only primary earnings, per share data is presented.

(2) All share amounts give effect to the 3,507.2952 for 1 stock split effected
    in the form of a stock dividend before the Company's initial public
    offering.

(3) Average shares outstanding for the three month period ended March 31, 1997
    are calculated based on 12,500,000 shares outstanding for one month of the
    quarter and 14,800,000 thereafter.

(4) Gives effect to the 312,149 shares issued May 1, 1996, as if they were
    outstanding for all periods, using the treasury stock method.

(5) Includes $9,000,000 of S corporation earnings distributed before the
    completion of the initial public offering.


                                      15
2009-2310.

#### Dialysis Clinic, Inc. v. Levin.

Board of Tax Appeals, No. 2006-V-2389. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration thereof,

It is ordered by the court, sua sponte, that this case be set for oral argument before the full court.
EX-35.1
(logo) OPTION ONE
MORTGAGE

One gets it done.

www.optiononemortgage.com



March 15, 2008


Wells Fargo Bank, N.A.
9062 Old Annapolis Road
Columbia, Maryland 21045-1951
Attn: Pamela D. Pendarvis
INV #577

Re: Option One Mortgage Loan Trust 2007-4, Asset-Backed Certificates, Series
    2007-4

Enclosed is the required Annual Compliance Certification.

If you have any questions, please contact Elizabeth Nguyen at (949) 727-8226 or
email: Elizabeth.Nguyen@oomc.com



Option One Mortgage Corporation
6501 Irvine Center Drive
Irvine, CA 92618



6501 Irvine Center Drive *Irvine *California *92618 *(800) 704-0800 *

(logo) EQUAL HOUSING LENDER


(page)


(logo) OPTION ONE
MORTGAGE

One gets it done.

www.optiononemortgage.com



Annual Compliance Certificate


I, Fabiola Camperi, the undersigned, the duly authorized President of Option
One Mortgage Corporation (as "Servicer"), does hereby certify the following for
the calendar year ending on December 31, 2007:

1. A review of the activities of the Servicer during the reporting period
   and of its performance under the Servicing Agreement (as defined in the
   cover letter) for such period has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has
   fulfilled all of its obligations under the Servicing Agreement in all
   material respects throughout the reporting period.



Certified By:

/s/ Fabiola Camperi
Name: Fabiola Camperi
Title: President
Date: March 14, 2008



6501 Irvine Center Drive *Irvine *California *92618 *(800) 704-0800 *

(logo) Equal Housing
Lender
MISCELLANEOUS ORDERS

2005-0569.

#### In re Application of Olterman.

This cause came on for further consideration upon the filing by respondent on May 11, 2010, of a motion to seal the record. Upon consideration thereof,

It is ordered by this court that the motion is denied.

Pfeifer and Lanzinger, JJ., dissent.
2009-1809.

#### State v. Wright.

Franklin App. No. 08AP-1096, 2009-Ohio-4651.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         423,608
<SECURITIES>                                 1,245,704
<RECEIVABLES>                                   66,413
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,735,725
<PP&E>                                         517,874
<DEPRECIATION>                                (43,421)
<TOTAL-ASSETS>                               2,210,178
<CURRENT-LIABILITIES>                           20,738
<BONDS>                                      2,368,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                   (179,061)
<TOTAL-LIABILITY-AND-EQUITY>                 2,210,178
<SALES>                                              0
<TOTAL-REVENUES>                               345,992
<CGS>                                          345,992
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               242,698
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             166,037
<INCOME-PRETAX>                               (62,743)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                 (62,743)
<EPS-DILUTED>                                  (62.74)
        

</TABLE>