alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Morris Pinkus, Respondent, *v.*United Cloak and Suit Company, Appellant.

Second Department,

February 28, 1908.

Trial — venue changed for convenience of witnesses.

When the answer in an action for breach of contract of employment justifies the discharge because of the incompetency of the plaintiff, who was employed at the defendant’s factory in. a county other than that in which the venue is laid, which defense must be established by the evidence of persons in the factory and customers in that locality, and it appears that the defendant will call as many witnesses as plaintiff or more, the place of trial should be changed, for the rule in such a case is that the'place of trial’ should be in the county where the cause of action arose, especially so when the plaintiff’s answering affidavit shows that a judgment against him will be uncollectible.

Appeal by the defendant, the United Cloak and Suit Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the ‘8th day of Uovember, 1907, denying the defendant’s motion to change the place of trial from the county of Kings to the county of Onondaga.

*Thomas Woods,*for the appellant.

*Sydney H. Palmer,*for the respondent.

*536Gaynor, J.:

, This is an action for damages for-breach of a contract of employment for one year by á discharge. The plaintiff was employed as a designer and foreman in the defendant’s manufactory of women’s garments at Syracuse in Onondaga county. A defence is pleaded that he was discharged for neglect and incompetehcy, by which a large number of garments were improperly fitted and made, and rejected by customers therefor, to the defendant’s damage $1,500, for which judgment is prayed. The proof of this depends on the evidence of persons in the factory, and customers in that locality. It is obvious from the record that the defendant will call as many witnesses as the plaintiff or more. In such a case it is the rule in transitory’ actions that the place of trial should be. the county in which the cause of action arose *(Hausmann*v. Moore, 7 App. Div. 459; *Adriance, Platt & Co.*v. *Coon,*15 id. 92; *Osterhout v. Rabe,*39 id. 415). It is manifest that the defendant cannot try this case in Kings county without, being, put to extra expense and inconvenience which it should not be subjected to inasmuch as the cause of action arose in its county ; all the more so, as the plaintiff’s affidavit shows that a judgment could not be collected of him. The plaintiff gives a list of witnesses in Brooklyn who, he says, will testify that he is a competent or careful designer. It is doubtful if their evidence will become admissible. . The evidence-of the defendant has necessarily to be of specific acts of neglect and incompetence ¡which justified his discharge, and that is what will have to be met.

The order should be reversed and the motion granted. <

Woodwabd, Jenks, Bich and Miller, Jj., concurred.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
### §1709–2. Equity skimming; penalty; persons liable; one dwelling exemption

Whoever, with intent to defraud, willfully engages in a pattern or practice of—

(1) purchasing one- to four-family dwellings (including condominiums and cooperatives) which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage or deed of trust insured or held by the Secretary of Housing and Urban Development or guaranteed by the Department of Veterans Affairs, or the loan is made by the Department of Veterans Affairs,

(2) failing to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan, and

(3) applying or authorizing the application of rents from such dwellings for his own use,

shall be fined not more than $250,000 or imprisoned not more than 5 years, or both. This section shall apply to a purchaser of such a dwelling, or a beneficial owner under any business organization or trust purchasing such dwelling, or to an officer, director, or agent of any such purchaser. Nothing in this section shall apply to the purchaser of only one such dwelling.

(Pub. L. 91–609, title IX, §912, Dec. 31, 1970, 84 Stat. 1814; Pub. L. 100–242, title IV, §416(a), Feb. 5, 1988, 101 Stat. 1907; Pub. L. 102–54, §13(d)(1), June 13, 1991, 105 Stat. 274.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter.

#### Amendments

1991—Par. (1). Pub. L. 102–54 substituted "Department of Veterans Affairs" for "Veterans' Administration" in two places.

1988—Pub. L. 100–242 inserted parenthetical reference to condominiums and cooperatives in par. (1), substituted "due, regardless of whether the purchaser is obligated on the loan" for "due" in par. (2), and substituted "$250,000" for "$5,000" and "5" for "three" in closing provisions.
§ 247.8 What am I responsible for if I use the facilities? You are responsible for: ( a ) Campsites, drying sheds and other facilities during the time you occupy or use them; and
( b ) Any personal property that you erect, place, or maintain on the site during the time you occupy the site, including: ( 1 ) Tents;
( 2 ) Tepees;
( 3 ) Campers;
( 4 ) Mobile trailers;
( 5 ) Temporary drying sheds;
( 6 ) Fishing platforms;
( 7 ) Boats; and
( 8 ) Other fishing equipment.
### §1826. Forms of obligations; preparation by Secretary of the Treasury

In order that the Corporation may be supplied with such forms of notes, debentures, bonds, or other such obligations as it may need for issuance under this chapter, the Secretary of the Treasury is authorized to prepare such forms as shall be suitable and approved by the Corporation, to be held in the Treasury subject to delivery, upon order of the Corporation. The engraved plates, dies, bed pieces, and other material executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The Corporation shall reimburse the Secretary of the Treasury for any expenses incurred in the preparation, custody, and delivery of such notes, debentures, bonds, or other such obligations.

(Sept. 21, 1950, ch. 967, §2[16], 64 Stat. 890.)

#### **Editorial Notes**

#### Prior Provisions

Section is derived from subsec. (q) of former section 264 of this title. See Codification note set out under section 1811 of this title.
Exhibit 99.2

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 Quarterly Report of Advanstar Communications Inc. (the "Company") on Form 10-Q for the three months ended
September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David W. Montgomery, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



|By: |  | /s/DAVID W. MONTGOMERY                      |  | 
|--- |  | ------------------------------------------- |  | 
|    |  | David W. Montgomery
Chief Financial Officer |  | 
|    |  | Date: November 14, 2002                     |  | 

---
<PAGE>
                                                                    Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File Nos. 33-90730, 33-91084, 333-43317, 333-43319 and
333-61339), and on Form S-8 (File Nos. 33-94542, 333-10221 and 333-84537) of
Glimcher Realty Trust of our report dated February 21, 2002, relating to the
consolidated financial statements and financial statement schedules, which
appears in this Form 10-K.





PricewaterhouseCoopers LLC


Columbus, Ohio
March 8, 2002
# C_2007096EN.01000302.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/3 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 96/3

---

Judgment of the Court (Seventh Chamber) of 19 April 2007 — Kingdom of Spain v Council of the European Union

(Case C-134/04) (1)

1

(Fisheries - Regulation (EC) No 2287/2003 distributing catch quotas among Member States - Act of Accession of Spain - End of the transitional period - Requirement of relative stability - Principle of non-discrimination - New fishing opportunities)

(2007/C 96/04)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M.A. Sampol Pucurull and E. Braquehais Conesa, Agents)

Applicant:

Defendant: Council of the European Union (represented by: F. Florindo Gijón and G. Ramos Ruano, Agents)

Defendant:

Intervener in support of the defendant: Commission of the European Communities (represented by: T. van Rijn and S. Pardo Quintillán, Agents)

Intervener in support of the defendant:

Re:

Annulment in part of Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2003 L 344, p. 1) in so far as new fishing opportunities in the North Sea and in the Baltic are not allocated having regard to the interests of Spain despite the end of the transitional regime — Discrimination — Application of Article 20(2) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L 358, p. 59)

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Kingdom of Spain to pay the costs; |
| --- | --- |

2.

Orders the Kingdom of Spain to pay the costs;

| 3. | Orders the Commission of the European Communities to bear its own costs. |
| --- | --- |

3.

Orders the Commission of the European Communities to bear its own costs.

---

(1)  OJ C 106 of 30.4.2004.

1

---
Exhibit 23.2




                    CONSENT OF INDEPENDENT AUDITORS





     We consent to the incorporation by reference of our report dated
February 10, 1997, with respect to the consolidated financial
statements and schedules of United Video Satellite Group, Inc. included
in the Annual Report (Form 10-K) for the year ended December 31, 1997,
in the following registration statements and related prospectuses.


     Stock Option Plan for       Form S-8        File No. 33-72272
     Non-Employee Directors,
     The Equity Incentive
     Plan and the Stock
     Option Assumption
     Agreements of United
     Video Satellite
     Group, Inc.

     United Video Satellite      Form S-8        File No. 333-2866
     Group, Inc. 401(k) Plan

     United Video Satellite      Form S-8        File No. 333-2978
     Group, Inc. Stock Option
     Plan for Non-Employee
     Directors





                                     Ernst & Young LLP


Tulsa, Oklahoma
March 9, 1998
                                  1


<PAGE>
Exhibit 23.1
 
 
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTS
   As independent registered public accountants, we hereby consent to the incorporation of our report included in this Amendment No. 1 to Form 10-K into the Companys previously filed Registration Statements on Form S-3 (File No.s 333-90532 and 333-68088) and Form S-8 (File No.s 333-68166, 333-54584 and 333-54582) of Wits Basin Precious Minerals Inc. and subsidiaries (formerly known as Active IQ Technologies, Inc.) of our report dated February 14, 2003 which appears on Page 26 of this Amendment No. 1 to the annual report on Form 10-K/A for the year ended December 31, 2002.
   Virchow, Krause & Company, LLP
  Minneapolis, Minnesota January 14, 2005
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–011 2007

110th Congress, 1st Session – – – – – – – – – – – – – House Document 110–14 

CERTIFICATION FOR AN EXPORT TO THE PEOPLE’S 

REPUBLIC OF CHINA 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

CERTIFICATION THAT THE EXPORT TO THE PEOPLE’S REPUBLIC 

OF CHINA OF THE SPECIFIED ITEMS IS NOT DETRIMENTAL TO 

THE UNITED STATES SPACE LAUNCH INDUSTRY, AND THAT THE 

MATERIAL AND EQUIPMENT, INCLUDING ANY INDIRECT TECHNICAL BENEFIT THAT COULD BE DERIVED FROM SUCH EXPORTS, WILL NOT MEASURABLY IMPROVE THE MISSILE OR 

SPACE LAUNCH CAPABILITIES OF THE PEOPLE’S REPUBLIC OF 

CHINA, PURSUANT TO PUB. L. 105–261, SEC. 1512 

FEBRUARY 13, 2007.—Referred to the Committee on Foreign Affairs and 

ordered to be printed 


bajohnson on PROD1PC60 with HEARINGE:\Seals\Congress.#13

bajohnson on PROD1PC60 with HEARING
(1) 

To the Congress of the United States: 

In accordance with the provisions of section 1512 of the Strom 

Thurmond National Defense Authorization Act for Fiscal Year 1999 

(Public Law 105–261), I hereby certify that the export to the People’s Republic of China of the following items is not detrimental to 

the U.S. space launch industry, and that the material and equipment, including any indirect technical benefit that could be derived 

from such exports, will not measurably improve the missile or 

space launch capabilities of the People’s Republic of China: 

• Twenty Honeywell model QA 750 accelerometers to be incorporated into railway geometry measurement systems for China’s 

Ministry of Railways. 

• Equipment and technology associated with the production and 

testing of composite components for Boeing commercial aircraft. 

GEORGE W. BUSH. 

THE WHITE HOUSE, February 11, 2007. 

Æ 


bajohnson on PROD1PC60 with HEARING
TERM C NOTE

$7,500,000

May 30, 2008

On or before the Maturity Date, FOR VALUE RECEIVED, Quantum Fuel Systems Technologies Worldwide, Inc., a Delaware corporation (the "Company"), promises to pay to the order of WB QT, LLC, a Delaware limited liability company ("Lender") at Minneapolis, Minnesota, care of the Agent in lawful money of the United States of America so much of the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000) plus the portion of Accreted Principal Amount in excess thereof calculated in accordance with the provisions of the Credit Agreement, as then be outstanding hereunder pursuant to the Credit Agreement dated as of January 31, 2007 made by and among the Company and certain lenders signatory thereto, including the Lender, and WB QT, LLC as Agent for such lenders, as the same may be amended or otherwise modified from time to time ("Credit Agreement"), together with interest thereon as hereinafter set forth.

The Term Loan C Advance made hereunder shall bear interest at the interest rate from time to time applicable thereto under the Credit Agreement or as otherwise determined thereunder, and interest shall be computed, assessed and payable as set forth in the Credit Agreement.

This Note is a Term C Note under the Credit Agreement.  This Note evidences borrowings under, is subject to, is secured in accordance with, and may be accelerated under, the terms of the Credit Agreement to which reference is hereby made.  This Note may be prepaid without premium or penalty. Capitalized terms used herein, except as defined to the contrary, shall have the meanings given them in the Credit Agreement.

This Note shall be interpreted and the rights of the parties hereunder shall be determined under the laws of, and enforceable in, the State of Minnesota.

Company hereby waives presentment for payment, demand, protest and notice of dishonor and nonpayment of this Note and agrees that no obligation hereunder shall be discharged by reason of any extension, indulgence, release, or forbearance granted by any holder of this Note to any party now or hereafter liable hereon or any present or subsequent owner of any property, real or personal, which is now or hereafter security for this Note.

Nothing herein shall limit any right granted Lender by any other instrument or by law.
QUANTUM FUEL SYSTEMS TECHNOLOGIES WORLDWIDE, INC.



By:/s/ Brian Olson

Name:Brian Olson

Its:CFO
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

Aug. 21, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-16248

________________________

D. C. Docket No. 06-01289-CV-JEO-S

TRACY THRASHER,

Plaintiff-Appellant,

versus

AMERICAN INTERNATIONAL GROUP, INC.,

NATIONAL UNION FIRE INSURANCE COMPANY OF

PITTSBURG, P.A.,

AMERICAN INTERNATIONAL SPECIALTY LINES

INSURANCE COMPANY,

ILLINOIS NATIONAL INSURANCE COMPANY,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(August 21, 2009)
Before CARNES and PRYOR, Circuit Judges, and DOWD, District Judge.

*

PER CURIAM:

We affirm the judgment on the basis of Judge Ott’s well-reasoned

memorandum opinion of September 29, 2008. We add to it only our observation

that the breach of contract claim is also clearly barred by the statute of limitations.

Whether the other three claims are also barred by the statute of limitations are more

issues that we do not reach.

AFFIRM.

Honorable David D. Dowd, Jr., United States District Judge for the Northern District of *

Ohio, sitting by designation.

2
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The latest funding news, known as *NINDS Notes,* is published 3 times a year and consists of summaries of NINDS’s current funding announcements and requests for volunteers                              for clinical trials. *Notes* is of primary interest to scientists, physicians, and research directors with an interest in neuroscience. You may subscribe to the NINDS Notes Email List in order to receive automatic notification of newly published editions.                           
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Exhibit 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, K. Douglas Ralph,  pursuant to 18 U. S. C. Section 1350, as adopted  pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, certify that:

1. I have reviewed this annual report on Form 10-K of Foamex  International Inc.
for the period ended December 29, 2002 (the "Report");

2. Based on my knowledge, this Report 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; and

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.


Date: March 27, 2003                           /s/ K. Douglas Ralph
                                               ------------------------------
                                               K. Douglas Ralph
                                               Executive Vice President and
                                               Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided  to  Foamex   International   Inc.  and  will  be  retained  by  Foamex
International  Inc. and furnished to the Securities  and Exchange  Commission or
its staff upon request.
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#### M. Cecelia Sherwood, as Trustee, etc., Appellant, v. Carrie M. Rulon, Respondent.

Order affirmed on argument, with ten dollars costs and disbursements. Woodward, Jenks, Gaynor, Rich and Miller, JJ., concurred.