alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HANO et al. v. SIMONS et al.

(Supreme Court, Appellate Term.

March 1, 1905.)

1. Conditional Sale—Waiver of Condition.

Where goods were bought on condition of approval by a third person, the condition is waived by acceptance and payment without such approval.

2. Sale—Breach of Warranty—Measure of Damages.

Where defective doors were accepted on the seller’s agreement to make them right if found defective, which he failed to do, the measure of damages is the difference in value between the doors as they are and as they would be if made right.

Appeal from Municipal Court, Borough of Manhattan, Eleventh District.

Action by Philip Hano and another against Berry B. Simons and another. From a judgment for plaintiffs, defendants appeal. Reversed.

Argued before SCOTT, MacLEAN, and DAVIS, JJ.

J. Charles Weschler, for appellants.

Theodore Prince, for respondents.

SCOTT, J.

I see no warranty which survived acceptance and payment. If the approval of ■ the fire underwriters was necessary before plaintiffs could have been called upon to accept the doors, they waived that condition by accepting and paying before such approval had been had. There was no fraud or concealment. The plaintiffs saw the doors, and had notice and knowledge of their alleged defects. If plaintiffs rely upon defendants’ promise, subsequent to or contemporaneously with payment, to make the doors right, they have not proved damages, which would be the difference in value between the doors as they are and as they would be if made right.

The judgment should be reversed, and a new trial ordered, with costs to the appellants to abide the event.

DAVIS, J., concurs; MacLEAN, J., taking no part.
file:///J|/SNURS/Quarterly%20SNUR%20Batches/Q14-4/September/P-14-0625/Engineering.TXT [11/3/2014 12:38:54 PM]file:///J|/SNURS/Quarterly%20SNUR%20Batches/Q14-4/September/P-14-0625/Engineering.TXT[11/3/2014 12:38:54 PM]file:///J|/SNURS/Quarterly%20SNUR%20Batches/Q14-4/September/P-14-0625/Engineering.TXT [11/3/2014 12:38:54 PM]file:///J|/SNURS/Quarterly%20SNUR%20Batches/Q14-4/September/P-14-0625/Engineering.TXT[11/3/2014 12:38:54 PM]
§ 270.10e-1 Death, disqualification, or bona fide resignation of directors. If a registered investment company, by reason of the death, disqualification, or bona fide resignation of any director, does not meet any requirement of the Act or any rule or regulation thereunder regarding the composition of the company's board of directors, the operation of the relevant subsection of the Act, rule, or regulation will be suspended as to the company: ( a ) For 90 days if the vacancy may be filled by action of the board of directors; or
( b ) For 150 days if a vote of stockholders is required to fill the vacancy.
[66 FR 3758, Jan. 16, 2001]
CONSENT OF GUARANTOR

The undersigned, being the Guarantor under a Guaranty dated April 12, 2005 (the
"Guaranty"), consents to the foregoing Amendment and the transactions
contemplated by it, and ratifies and reaffirms its obligations under the
Guaranty so as to include within the term "Guaranteed Debt" the indebtedness,
obligations and liabilities of Borrower under this Amendment, the Agreement as
modified by this Amendment, the Note and the other Loan Documents. The Guarantor
hereby reaffirms that its obligations under the Guaranty are separate and
distinct from Borrower's obligations to Lender, and that its obligations under
the Guaranty are in full force and effect. Finally, the Guarantor waives and
agrees not to assert any anti-deficiency protections or other rights as a
defense to its obligations under the Guaranty, all as set forth in the Guaranty,
the terms of which are incorporated into this Consent as if fully set forth in
it.

Dated: 1/25/2006

GUARANTOR:
MORTGAGEIT HOLDINGS, INC.,
a Maryland corporation
By:  /s/ Glenn J. Mouridy
Its: President and Chief Financial Officer
#### § 46.6 Third-party facilitation of data reporting.

Counterparties required by this part 46 to report data for any pre-enactment or transition swap, while remaining fully responsible for reporting as required by this part 46, may contract with third-party service providers to facilitate reporting.

[77 FR 35226, June 12, 2012, as amended at 85 FR 75594, Nov. 25, 2020]
Exhibit 99.1

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 Quarterly Report of MarkWest Hydrocarbon, Inc. (the "Company"), on Form 10-Q for the period ending
September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John M. Fox, Chief Executive 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:

|November 12, 2002 |  |    
|----------------- |  | ---
|                  |  | By:

---

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

In connection  with the Quarterly  Report of ASB Holding Company ("the Company")
on Form 10-QSB for the period ending March 31, 2005 (the "Report") as filed with
the Securities and Exchange  Commission on the date hereof, we Joseph Kliminski,
President and Chief Executive Officer, and Eric Heyer, Senior Vice President and
Chief  Financial  Officer,  certify  pursuant to 18 U.S.C.  ss.1350,  as adopted
pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

1.   The Report fully  complies with the  requirements  of Section 13 (a) of the
     Securities  Exchange Act of 1934; and

2.   The information  contained in such Report fairly presents,  in all material
     respects,  the financial condition and results of operations of the Company
     as of the dates and for the periods  presented in the financial  statements
     included in such report.




Dated: May 13, 2005            /s/Joseph Kliminski
                               -------------------------------------------------
                               Joseph Kliminski
                               President and Chief Executive Officer


Dated: May 13, 2005            /s/Eric B. Heyer
                               -------------------------------------------------
                               Eric B. Heyer
                               Senior Vice President and Chief Financial Officer
#### § 38.705 Answer to charges.

A respondent must be given a reasonable period of time to file an answer to a notice of charges. The rules of a designated contract market governing the requirements and timeliness of a respondent's answer to charges must be fair, equitable, and publicly available.
### §284b. Repealed. Pub. L. 109–482, title I, §104(b)(1)(C), Jan. 15, 2007, 120 Stat. 3693

Section, act July 1, 1944, ch. 373, title IV, §407, as added Pub. L. 99–158, §2, Nov. 20, 1985, 99 Stat. 831, related to biennial report and its contents.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as an Effective Date of 2007 Amendment note under section 281 of this title.
I 

112TH CONGRESS 

2D SESSION H. R. 4088 

To amend the securities laws to establish certain thresholds for shareholder 

registration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2012 

Mr. QUAYLE introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend the securities laws to establish certain thresholds 

for shareholder registration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Capital Expansion 

5 Act’’. 

6 SEC. 2. SHAREHOLDER REGISTRATION THRESHOLD. 

7 (a) AMENDMENTS TO SECTION 12 OF THE SECURI8 TIES EXCHANGE ACT OF 1934.—Section 12(g) of the Se9 curities Exchange Act of 1934 (15 U.S.C. 78l(g)) is 

10 amended— 


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2 

•HR 4088 IH

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘$1,000,000’’ both places 

3 it appears and inserting ‘‘$10,000,000’’; 

4 (B) in subparagraph (A), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (C) in subparagraph (B), by striking the 

7 comma at the end and inserting ‘‘; and’’; and 

8 (D) by inserting after subparagraph (B) 

9 the following: 

10 ‘‘(C) in the case of an issuer that is a bank or 

11 a bank holding company, as such term is defined in 

12 section 2 of the Bank Holding Company Act of 1956 

13 (12 U.S.C. 1841), not later than 120 days after the 

14 last day of its first fiscal year ended after the effec15 tive date of this subsection, on which the issuer has 

16 total assets exceeding $10,000,000 and a class of eq17 uity security (other than an exempted security) held 

18 of record by 2,000 or more persons,’’; and 

19 (2) in paragraph (4), by striking ‘‘three hun20 dred’’ and inserting ‘‘300 persons, or, in the case of 

21 a bank, as such term is defined in section 3(a)(6), 

22 or a bank holding company, as such term is defined 

23 in section 2 of the Bank Holding Company Act of 

24 1956 (12 U.S.C. 1841), 1,200 persons’’. 


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3 

•HR 4088 IH

1 (b) AMENDMENTS TO SECTION 15 OF THE SECURI2 TIES EXCHANGE ACT OF 1934.—Section 15(d) of the Se3 curities Exchange Act of 1934 (15 U.S.C. 78o(d)) is 

4 amended, in the third sentence, by striking ‘‘three hun5 dred’’ and inserting ‘‘300 persons, or, in the case of bank 

6 or a bank holding company, as such term is defined in 

7 section 2 of the Bank Holding Company Act of 1956 (12 

8 U.S.C. 1841), 1,200 persons’’. 

9 SEC. 3. RULEMAKING. 

10 Not later than 1 year after the date of enactment 

11 of this Act, the Securities and Exchange Commission shall 

12 issue final regulations to implement this Act and the 

13 amendments made by this Act. 

Æ 


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EXHIBIT      32:

|   | 1. | The                Report of the Company filed pursuant to Section 13(a) of the Securities                Exchange Act of 1934, as amended (the "Exchange Act"), fully complies                with                the requirements of Section 13(a) of the Exchange Act;                and |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                 |                                                                                                                |                                              |
|--------------------------------------|---------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
| Date:              February 13, 2007 |                                                                                                                     | /s/ Robert              D.              Baca |
|                                 | Robert                  D. BacaChief                  Executive Officer andChief                  Financial Officer |

----
I 

112TH CONGRESS 

2D SESSION H. R. 3926 

To suspend temporarily the duty on other knitted or crocheted fabrics, of 

cotton, dyed, other, of single knit construction. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2012 

Mr. WATT introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on other knitted or crocheted fabrics, of cotton, dyed, other, of single knit construction. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. OTHER KNITTED OR CROCHETED FABRICS, OF 

4 COTTON, DYED, OTHER, OF SINGLE KNIT 

5 CONSTRUCTION. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


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2 

•HR 3926 IH

‘‘ 9902.01.00 Other knitted or crocheted 

fabrics, of cotton, dyed, 

other, of single knit construction. (provided for in subheading 6006.22.90) ............. Free No change No change On or before 

12/31/2014 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


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### §1393. Applications; single State agency designation; essential planning services; plans for expenditure; final activities report and other necessary reports; records; accounting

In order to be eligible for a grant under section 1392 of this title, a State must submit an application therefor which—

(1) designates or establishes a single State agency, which may be an interdepartmental agency, as the sole agency for carrying out the purposes of this subchapter;

(2) indicates the manner in which provision will be made to assure full consideration of all aspects of services essential to planning for comprehensive State and community action to combat mental retardation, including services in the fields of education, employment, rehabilitation, welfare, health, and the law, and services provided through community programs for and institutions for the mentally retarded;

(3) sets forth its plans for expenditure of such grant, which plans provide reasonable assurance of carrying out the purposes of this subchapter;

(4) provides for submission of a final report of the activities of the State agency in carrying out the purposes of this subchapter, and for submission of such other reports, in such form and containing such information, as the Secretary may from time to time find necessary for carrying out the purposes of this subchapter and for keeping such records and affording such access thereto as he may find necessary to assure the correctness and verification of such reports; and

(5) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this subchapter.

(Aug. 14, 1935, ch. 531, title XVII, §1703, as added Pub. L. 88–156, §5, Oct. 24, 1963, 77 Stat. 275.)
PREFACE

PFS is accredited to ISO Standard 17025, “General Requirements for the Competence of Testing

and Calibration Laboratories,” under TL-109 as a testing laboratory by the International Accreditation Service (IAS). The fields of testing of PFS’ accreditation include: Physical Testing; Wood and Wood Panel Products Testing; Adhesive s Testing; Solid-fuel Burn ing Appliance Testing; Flat Sheet, Roofing and Siding Shingles, and Cl apboard Testing; Rubber Deterioration Testing; Water Vapor Transmission Testing; Water Penetrat ion Testing; Metal Suspension Systems Testing; and Wood–plastic and Plastic Lumber Testing. Co ntact PFS for specific accredited test criteria.

PFS is accredited to ISO Standard 17020, “General Requirements for the Operation of Various Types of Bodies Performing Inspections,” under AA-652 as a Type A (3 rd party) inspection agency by the International Accreditation Service (IAS). The scope of PFS’ accreditation includes:

Prefabricated Construction; Prefabricated Fire-resistance-rated Assemblies; Structural Wood

Products; Wood-based Panel Products, Structural Glued-laminated Timber; Structural Adhesives; Liquid Burning Appliances; Waste Oil Burning Appliances; and Solid-fuel Burning Appliances.

PFS is accredited to ISO Guide 65, “General Requirements for Bodies Operating Product Certification Systems, ” as a certification body by the St andards Council of Canada (SCC). The scope of PFS’ accreditation includes: Struct ural Insulated Panels; Wood Composite Panels;

Structural Glued Laminated Timber; Structural Co mposite Lumber; I-joists; Open Web Trusses and other Structural Shapes; Construc tion Adhesives; Surface Burning Characteristics (ASTM E 84); Fire Resistance (ASTM E 119); Surface Flammability (ASTM E 162); Fire Door (ASTM E 152); Roof Coverings (ASTM E 108); and Foam Plastic Systems (UBC 26-3).

Samples of the building products and materials desc ribed in this book have been tested and/or inspected and have met nationally recognized standards. These products are entitled to bear the registered PFS certification mark.

To qualify for PFS listing, the manufacturer's pr oduct must pass applicable national product standards. In addition, the manufacturing facilit ies and quality control program are periodically inspected by PFS staff to verify the manufacturer' s continuing capability to consistently produce products conforming to the same national product standards used by PFS to originally qualify the product.

The manufacturer's Compliance Assurance Manual is reviewed by PFS for adequacy. Periodic factory inspections are performed by qualified PFS in spectors to assist the manufacturer to continue to comply with the manufacturer's Compliance Assurance Manual.

(PFS in Canada)

PFS Corporation provides unparalleled services to the entire wood products industry
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### §§ 249.620-249.634 [Reserved]
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

U.S. HOME CORPORATION, BEECHWOOD AT 

EDISON, LLC, AND BEECHWOOD SHOPPING 

CENTER, LLC,

Plaintiffs-Appellants,

v.

UNITED STATES,

Defendant-Appellee.

______________________ 

2013-5059

______________________ 

Appeal from the United States Court of Federal 

Claims in No. 09-CV-0063, Senior Judge Bohdan A. 

Futey.

______________________ 

JUDGMENT

______________________ 

BRIAN WOLFSON, The Weingarten Law Firm, LLC, of 

Piscataway, New Jersey, argued for plaintiffs-appellants. 

On the brief was ANDREW D. ULLRICH. 

KENNETH D. WOODROW, Attorney, Commercial Litigation Branch, Civil Division, United States Department of 

Justice, of Washington, DC, argued for defendantappellee. With him on the brief were STUART F. DELERY, 
 

Assistant Attorney General, JEANNE E. DAVIDSON, Director, and DEBORAH A. BYNUM, Assistant Director.

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (LOURIE, PROST, and O’MALLEY, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

January 15, 2014 /s/ Daniel E. O’Toole 

Date Daniel E. O’Toole 

 Clerk of Court
§ 138.605 Inspector General report. ( a ) The Inspector General, or other official as specified in paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of the compliance of that agency with, and the effectiveness of, the requirements herein. The evaluation may include any recommended changes that may be necessary to strengthen or improve the requirements.
( b ) In the case of an agency that does not have an Inspector General, the agency official comparable to an Inspector General shall prepare and submit the annual report, or, if there is no such comparable official, the head of the agency shall prepare and submit the annual report.
( c ) The annual report shall be submitted at the same time the agency submits its annual budget justifications to Congress.
( d ) The annual report shall include the following: All alleged violations relating to the agency's covered Federal actions during the year covered by the report, the actions taken by the head of the agency in the year covered by the report with respect to those alleged violations and alleged violations in previous years, and the amounts of civil penalties imposed by the agency in the year covered by the report.
#### EARLE v. GILLIES.

(Supreme Court, Appellate Term.

February 28, 1905.)

Landlord and Tenant—Lease—Surrender—Authority of Agent.

The surrender of a lease, on which plaintiff’s action was based, to plaintiff’s agent, was no defense in the absence of evidence that the agent had authority to accept the surrender or release defendant.

Appeal from Municipal Court, Borough of Manhattan, Tenth District.

. Action by Lillie J. Earle against W. Wright Gillies. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Reversed.

Argued before SCOTT, GIEGERICH, and McCALL, JJ.

Louis W. Stotesbury, for appellant.

Abraham Goldfarb, for respondent.

PER CURIAM.

The judgment in favor of the defendant appears to have been rendered upon the theory that there had been a surrender and acceptance of the demised premises. No authority was shown, however, in the agent with whom the defendant had the negotiations, either to accept the surrender or to release the defendant. Such authority was necessary. Baylis v. Prentice, 75 N. Y. 604.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.