Case Study 5 (Chapter 17) Case 17.1 Hosch v. Colonial Pacific Leasi.pdf
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Case Study 5 (Chapter 17) Case 17.1: Hosch v. Colonial Pacific Leasing Corp. Edward Hosch entered into loan agreements with Citicapital Commercial Corp. to finance the purchase of heavy construction equipment. A few months later, Citicapital merged into GE Capital Commercial, Inc. One year later, GE Capital assigned Hoschs loans to Colonial Pacific Leasing Corp. When Hosch failed to pay, Colonial Pacific filed a suit in a Georgia state court to collect. The court issued a judgment in favor of Colonial Pacific. Hosch appealed. A state intermediate appellate court affirmed. A party may assign a contract right to collect payment. To be enforceable, the assignment must be in writing. In this case, GE Capital assigned Hoschs loans to Colonial Pacific. The evidence included a written assignment and other documents and testimony that the loans had been assigned. Questions What underlies the policy favoring the assignment of most contract rights?.
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Ethanolv.DrizinUnited States District Court, N.D. Iowa, Eastern .docx
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United States District Court, N.D. Iowa, Eastern DivisionFeb 7, 2006
No. C03-2021 (N.D. Iowa Feb. 7, 2006) Copy Citation
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Be a better lawyer. Casetext is legal research for lawyers who want do their best work.
ORDER
JOHN JARVEY, Magistrate Judge
This matter comes before the court pursuant to trial on the merits which commenced on January 23, 2006. The above-described parties have consented to jurisdiction before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The court finds in favor of the plaintiff and awards compensatory damages in the amount of $3,800,000 and punitive damages in the amount of $7,600,000.
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In this case, the plaintiff brings numerous theories of recovery against defendant Jerry Drizin arising out of the misappropriation of escrow funds that were to serve as security for financing for the construction of an ethanol plant in Manchester, Iowa. The plaintiff contends that defendant Drizin, in concert with others, knowingly converted funds from an escrow account that were not to have been spent on anything without the plaintiff's prior written permission. Defendant Drizin contends that his only client and only duty of loyalty was to a Nigerian citizen living in Munich who caused the funds to be sent to bank accounts controlled by Defendant Drizin. The court makes the following findings of fact and conclusions of law.
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In 2000 in Manchester, Iowa, farmer and President of the local Co-op, Douglas Bishop, began meeting with representatives of the United States Department of Agriculture to explore the feasibility of building an ethanol plant in the Manchester area. The idea was to assist farmers in the area in getting more value for their crops. An ethanol plant produces ethanol and feed grain which can be sold at a profit exceeding that associated with the mere sale of grain.
A series of 40 local meetings culminated in a membership drive. The Plaintiff, Northeast Iowa Ethanol, L.L.C., was later formed in order to sell 2500 shares of stock in the L.L.C. to raise funds for the financing of the plant. The construction of the plant was expected to cost $21 Million. It would have a capacity for producing 15 million gallons of ethanol per year. Through the meetings, Mr. Bishop and others raised $2,365,000. The average investor purchased two shares.
The membership drive ended in September 2001. The original plan was to begin construction in the fall of 2001 and have the plant operating by the fall of 2002. However, the issue of financing for the plant was more problematic than plaintiff had anticipated. Traditional lenders (banks) demanded that the plaintiff raise forty percent of the construction costs. It was clear that the plaintiff could not raise $8 Million. Plaintiff's proposed marketing partner, Williams Ethanol Services, agreed to invest $1 Million in the project. The contractor anticipated to build the facility, North Centr ...
Ethanolv.DrizinUnited States District Court, N.D. Iowa, Eastern .docx
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In this case, the plaintiff brings numerous theories of recovery against defendant Jerry Drizin arising out of the misappropriation of escrow funds that were to serve as security for financing for the construction of an ethanol plant in Manchester, Iowa. The plaintiff contends that defendant Drizin, in concert with others, knowingly converted funds from an escrow account that were not to have been spent on anything without the plaintiff's prior written permission. Defendant Drizin contends that his only client and only duty of loyalty was to a Nigerian citizen living in Munich who caused the funds to be sent to bank accounts controlled by Defendant Drizin. The court makes the following findings of fact and conclusions of law.
In 2000 in Manchester, Iowa, farmer and President of the local Co-op, Douglas Bishop, began meeting with representatives of the United States Department of Agriculture to explore the feasibility of building an ethanol plant in the Manchester area. The idea was to assist farmers in the area in getting more value for their crops. An ethanol plant produces ethanol and feed grain which can be sold at a profit exceeding that associated with the mere sale of grain.
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Ethanolv.DrizinUnited States District Court, N.D. Iowa, Eastern .docx
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Be a better lawyer. Casetext is legal research for lawyers who want do their best work.
ORDER
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Ethanolv.DrizinUnited States District Court, N.D. Iowa, Eastern .docx
Ethanolv.Drizin
United States District Court, N.D. Iowa, Eastern DivisionFeb 7, 2006
No. C03-2021 (N.D. Iowa Feb. 7, 2006) Copy Citation
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Be a better lawyer. Casetext is legal research for lawyers who want do their best work.
ORDER
JOHN JARVEY, Magistrate Judge
This matter comes before the court pursuant to trial on the merits which commenced on January 23, 2006. The above-described parties have consented to jurisdiction before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The court finds in favor of the plaintiff and awards compensatory damages in the amount of $3,800,000 and punitive damages in the amount of $7,600,000.
In this case, the plaintiff brings numerous theories of recovery against defendant Jerry Drizin arising out of the misappropriation of escrow funds that were to serve as security for financing for the construction of an ethanol plant in Manchester, Iowa. The plaintiff contends that defendant Drizin, in concert with others, knowingly converted funds from an escrow account that were not to have been spent on anything without the plaintiff's prior written permission. Defendant Drizin contends that his only client and only duty of loyalty was to a Nigerian citizen living in Munich who caused the funds to be sent to bank accounts controlled by Defendant Drizin. The court makes the following findings of fact and conclusions of law.
In 2000 in Manchester, Iowa, farmer and President of the local Co-op, Douglas Bishop, began meeting with representatives of the United States Department of Agriculture to explore the feasibility of building an ethanol plant in the Manchester area. The idea was to assist farmers in the area in getting more value for their crops. An ethanol plant produces ethanol and feed grain which can be sold at a profit exceeding that associated with the mere sale of grain.
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support to the change effort. 19. This type of resistance is the most negative reaction to a
proposed change attempt. 20. This type of structure is flexible and decentralized with low levels
of formalization where communication lines are more fluid and flexible. 21. This type of
structure resembles a bureaucracy and is highly formalized and centralized. 22. This type of
alliance forms a boundaryless design where two or more companies find an area of collaboration
and combine their efforts to create a partnership that is beneficial for all parties. Down 1. Within
this type of structure jobs are grouped based on similarities in functions. 2. The degree to which
decision-making authority is concentrated at higher levels in an organization. 3. This type of
change refers to the movement of an organization from one state of affairs to another. 5. Within
this type of structure departments represent the unique products, services, customers, or
geographic locations the company is serving. 9. This form of organization includes those
structures that cross a traditional functional structure with a product structure. Specifically,
employees reporting to department managers are also pooled together to form project or product
teams. 10. The extent to which policies, procedures, job descriptions, and rules are written and
explicitly articulated.
\begin{tabular}{|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|l|} \hline & & & 1 & & & & & & & 2 & & & & & & &
3 & & & \\ \hline & 4 & & & & 5 & & & & & & & & & & & & & & & \\ \hline & & & & & &
& & & & & & & 6 & & & & & & & \\ \hline & & & & & & & & & & & & & & & & & & & &
\\ \hline 7 & & & & & & & & & & & & & & & & & & & & \\ \hline & & & & & & & & & &
& & & & & & & & & \\ \hline & & & & & & & 9 & & & & & & & 10 & & & & & \\ \hline
\hline & & & & & & & & & & & & & & & & & & & & \\ \hline 12 & & & & & & & & & & &
& & & & & & & & & \\ \hline & & & & & & & & & & & 13 & & & & & & & & \\ \hline 16 &
& & & & & & & & & & & & & & & & & & & \\ \hline & & & & & & & & & & & & & & &
& & & & & \\ \hline 17 & & & & & & & & & & & & & & & & & & & & \\ \hline
\end{tabular}
ORGANIC CHANGE ACTIVE ENTHUSIASTIC PASSIVE TALL UNFREEZING
STRATEGIC ORGANIZATIONAL (used twice) LEARNING FUNCTIONAL FLAT MATRIX
CENTRALIZATION FORMALIZATION BOUNDARYLESS DIVISIONAL COMPLIANCE
REFREEZING MECHANISTIC ?? find the last one !
4. This type of organization eliminates traditional barriers between departments as well as
barriers between the organization and the external environment. 6. Execu.
Company began operations on January 1. It purchased 3 shredders as p.pdf
Company began operations on January 1. It purchased 3 shredders as part of its inventory. The
first shredder had a cost of $36, the second one cost $43, and the third shredder cost $55. The
company decided to use LIFO and sold 2 shredders in January. If the company had used FIFO,
How much would gross profit for the period be greater or less than using the LIFO method?
Options are: gross profit would be $19 greater, gross profit would be $12 less, or gross profit
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code in python and explain Step 1 Import data.skiprows This pa.pdf
code in python and explain
Step 1: Import data.
skiprows: This parameter is use to skip passed rows in new data frame
df1 = pd.read_csv(my.csv, skiprows = 1) df2 = pd.read_csv(my.csv, skiprows = [0, 2, 3])
index_col: This is to allow you to set which columns to be used as the index of the dataframe.
The default value is None, and pandas will add a new column start from 0 to specify the index
column.
sep: a shortened name for separator. This operator is the delimiter used in our dataset or in
Laymans term, how the data items are separated in our CSV file.
users = pd.read_csv('users.csv', sep='|', index_col='user_id')
In our data, columns are separated by | and we want to user user_id as index column
Step 2: Getting and Knowing your Data (1%)
Show the first 10 entries
show the last 10 entries
Print the name and data type of each column?
Print only the occupation column
How many different occupations are in this dataset?
What is the most frequently appeared occupation?
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who is/are the oldest person/people in the data frame
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For each occupation present the percentage of women and men.
Clarence and Victoria were divorced in 2014. Clarence was ordered to.pdf
Clarence and Victoria were divorced in 2014. Clarence was ordered to pay Victoria $12,000 a
year in alimony. How is the alimony reported on each of their 2023 tax returns?
Clarence claims $12,000 as an adjustment to income, and Victoria reports $12,000 as income.
Clarence claims $12,000 as an adjustment to income, and Victoria does not report the alimony
she received.
Clarence reports $12,000 as income, and Victoria reports $12,000 as an adjustment to income.
Clarence does not report the alimony on his return, and Victoria reports $12,000 as income..
Chapter 3 Objectives 4-7 1. Businesses us C computing to more efficlen.pdf
Chapter 3 Objectives 4-7 1. Businesses us C computing to more efficlently use resources, such as
servers and programs, by shifting E a. virtua these resources from a local environment to the
Internet. b. power E c. cloud d. Internet 2. Popular types of are smartohones, digital cameras,
portable media players, and e-book readers. I C b. mobile devices c. supercomputers d. servers 3.
Instead of typing on a phone's keyboard or keypad, users can enter text via a(n) which is a full-
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