alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Department,

May, 1920.*

#### Abner Greenberg, Appellant, *v.*Jerome H. Remick & Company, Respondent.

*Appeal*— *attorney and client*— *arbitrary termination of contract of employment for fixed period*— *appeal to Court of Appeals allowed.*

Motion for leave to appeal to the Court of Appeals.

*

 See *ante,*p. 909.— [Rep.

Per Curiam:

In this action, plaintiff, an attorney at law, entered into an agreement with the defendant to perform legal services for the defendant for one year at a compensation of $5,200, payable $100 weekly. This contract was made on the 21st day of April, 1919. On the 27th day of September, 1919, the defendant discharged the plaintiff, having paid him at the rate of $100 a week for the full time, up to the time of his discharge. The action is brought by the attorney to recover the balance due for the year, to wit, $2,900. The demurrer is upon the ground that the complaint does not state facts sufficient to constitute a cause of action and that demurrer has been sustained. This court deemed that the question of law involved had been decided in this State by the cases of *Degen*v. *Steinbrink*(188 App. Div. 622); *Johnson*v. *Ravitch*(113 id. 810); *Martin*v. *Camp*(219 N. Y. 170); *Tenney*v. *Berger*(93 id. 529); *Matter of Dunn*(205 id. 402), and *Andrewes*v. *Haas*(214 id. 255). The plaintiff asks to be allowed to appeal to the Court of Appeals upon the ground that in none of the cases cited was the question involved as to the right of a client to arbitrarily terminate a contract where the employment was for a fixed period, and not in reference to any particular litigation. It is further urged that there are many attorneys who are under annual retainers in similar cases and that the question is of such general importance that the specific question arising should be determined by the Court of Appeals. We are of opinion that the question presented has such a general interest as to justify this application and the motion should be granted and the question certified whether the complaint states facts sufficient to constitute a cause of action. Present — Clarke, P. J., Laughlin, Dowling, Page and Greenbaum, JJ. Motion for leave to appeal to the Court of Appeals granted; question certified.
#### Arthur E. Haight, Respondent, v. Howard L. Fowler, Appellant.

Appeal dismissed unless printed records and briefs are filed and served on or before June 20, 1960.
#### In the Matter of Universal Ice Cream Corp., Assignor (Hans J. Auman, Assignee). Joseph Bauer et al., Appellants; Hans J. Auman, Respondent.

In a proceeding to determine the priority of claims arising out of a general assignment for the benefit of creditors, the appeal, as limited by appellants’ brief is from so much of an order of the Supreme Court, Kings County, dated December 7, 1976, as disallowed their claims for severance pay. Order reversed insofar as appealed from, on the law, without costs or disbursements, the appellants’ claims are allowed, and the proceeding is remanded to the Special Term for the entry of an appropriate amended order in accordance herewith. The agreement between the union and the assignor to compute severance pay by including the years of the employees’ service with the predecessor employer was an original promise. Thus the Statute of Frauds was not a defense to that agreement (see *Richardson Press v Albright,*224 NY 497; *Bulkley v Shaw,*289 NY 133). Titone, J. P., Suozzi, Margett and O’Connor, JJ., concur.
----

| 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 the report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                           |   |                                                                                               |
|------------------------------------------------|--------|----------------------------------------------------------------------------------------------------|
|                                           |   | /s/    THOMAS A. BORNER                |
| Date:  September 24, 2010       |   | Thomas A. Borner                                                                                   |
|                                           |   | President and Chief Executive Officer                                                              |
|                                           |   |                                                                                               |
|                                           |   | /s/    ROBERT J. HALLORAN, JR.         |
| Date:  September 24, 2010  |   | Robert J. Halloran, Jr.                                                                            |
|                                           |   | President and Treasurer                                                                            |
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 298 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 298

 To require the Secretary of the Interior to provide public access to 
 Farallon National Wildlife Refuge, Navassa National Wildlife Refuge, 
                 and Desecheo National Wildlife Refuge.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2005

 Mr. Rahall (for himself and Mr. Pombo) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of the Interior to provide public access to 
 Farallon National Wildlife Refuge, Navassa National Wildlife Refuge, 
                 and Desecheo National Wildlife Refuge.

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

SECTION 1. ACCESS TO FARALLON, NAVASSA, AND DESECHEO NATIONAL WILDLIFE 
              REFUGES.

    (a) Access, Generally.--The Secretary of the Interior, acting 
through the Director of the United States Fish and Wildlife Service (in 
this section referred to as the ``Secretary''), shall provide public 
access to, use of, and recreational opportunities at Farallon National 
Wildlife Refuge, Navassa National Wildlife Refuge, and Desecheo 
National Wildlife Refuge under special use permits issued under the 
first section of Public Law 87-714 (16 U.S.C. 460k), popularly known as 
the Refuge Recreation Act, section 4 of the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd), and regulations 
issued under this section.
    (b) Time Limitations.--The Secretary--
            (1) subject to paragraph (2), may limit access to such 
        refuges to specific time periods in any year; and
            (2) shall provide access to each refuge during at least one 
        period each year.
    (c) Priority.--In issuing special use permits under this section, 
the Secretary shall give priority to consideration of permit 
applications that do not negatively impact opportunities for wildlife-
dependent recreation.
    (d) Conditions.--The Secretary may include in any permit issued 
under this section conditions that the Secretary determines are 
necessary to protect fish and wildlife populations and their habitat or 
public health and safety.
                                 <all>
```
I 

109TH CONGRESS 

1ST SESSION H. R. 2916 

To suspend temporarily the duty on Pymetrozine Technical. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005 

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

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Pymetrozine Technical. 

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

3 SECTION 1. PYMETROZINE TECHNICAL. 

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

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.07.43 Pymetrozine Technical 

1,2,4-Triazin-3(2H)-one, 

4,5-dihydro-6-methyl-4-[(3- 

pyridinylmethylene)amino]- 

(CAS No. 123312–89–0) 

(provided for in subheading 

2933.69.60) ......................... Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 2916 IH 

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

2 subsection (a) applies to goods entered, or withdrawn from 

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

4 the date of the enactment of this Act. 

Æ
### §3701. Repealed. Pub. L. 98–473, title II, §602, Oct. 12, 1984, 98 Stat. 2077

Section, Pub. L. 90–351, title I, §100, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1169, set out the Congressional findings, declaration of policy, and statement of purpose for this chapter.

A prior section 3701, Pub. L. 90–351, title I, §100, June 19, 1968, 82 Stat. 197; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 93–415, title V, §541, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94–503, title I, §101, Oct. 15, 1976, 90 Stat. 2407, set out the Congressional findings, declaration of policy, and statement of purpose in enacting this chapter, prior to the general amendment of this chapter by Pub. L. 96–157.

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

#### Effective Date of Repeal

Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of Title 34, Crime Control and Law Enforcement.
Permit comments 

Daiker, Dave 

to: 

Jack Faulk 

01/25/2010 04:44 PM 

Cc: 

Allison Wiedeman, "Dwinell, Steve", "Howard, Dennis", "Coram, Phil", Linda Boornazian, William 

Jordan, Jordan Page, "Schardt, Jeffrey" 

Show Details 

Jack,

  

As requested, attached are the Florida Department of Agriculture and Consumer Services’ comments to the

latest draft of the pesticide general permit.

  

Thank you again for a successful meeting.

  

Davis  

  

Please note: Florida has a very broad public records law. Most written communications to or from state officials

regarding state business are public records available to the public and media upon request. Your e‐mail

communications may therefore be subject to public disclosure.

  

Page 1 of 1

file://C:\Documents and Settings\jfaulk\Local Settings\Temp\notesFCBCEE\~web5971.htm 5/11/2010
#### § 252.6 Method of payment of mortgage insurance premiums.

The provisions of 24 CFR 251.6 shall apply to this part.

[63 FR 1303, Jan. 8, 1998]
### §12. Seal, books, and records

The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management.

(R.S. §454; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

#### **Editorial Notes**

#### Codification

R.S. §454 derived from act Apr. 25, 1812, ch. 68, §§4, 5, 2 Stat. 717.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

"Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
Exhibit
32.1





Net
Element, Inc.


1450 S.
Miami Avenue


Miami, FL
33130





February
3, 2011





Securities
and Exchange Commission


100 F
Street, NE


Washington,
DC 20549





Re:
Certification Pursuant To 18 U.S.C. Sec. 1350





Dear
Ladies and Gentlemen:





In
connection with the accompanying Annual Report on Form 10-K of Net Element,
Inc., for the year ended December 31, 2010, each of the undersigned hereby
certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), to the
undersigned’s knowledge that:




1.
            such
      Annual Report on Form 10-K of Net Element, Inc., for the year ended
      December 31, 2010, fully complies with the requirements of Section 13(a)
      or 15(d) of the Securities Exchange Act of 1934; and2.
            the
      information contained in such Annual Report on Form 10-K of Net Element,
      Inc., for the year ended December 31, 2010, fairly presents, in all
      material respects, the financial condition and results of operations of
      TOT Energy, Inc.




BY: /S/ Mike ZoiMike
      ZoiChief
      Executive Officer(Principal
      Executive Officer)BY: /S/ Jonathan NewJonathan
      NewChief
      Financial Officer(Principal
      Financial and Accounting
Officer)





A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Net Element, Inc. and will be
retained by Net Element, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.





In
accordance with Item 601 of Regulation S-K, this certification is
being “furnished” as Exhibit 32.2 to Net Element, Inc.’s annual report and
shall not be deemed “filed” for purposes of Section 18 of the Securities
Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the
liabilities of that section, nor shall it be deemed incorporated by reference in
any filing under the Securities Act of 1933 or the Exchange Act, except as
expressly set forth by specific reference in such a filing.
I 

109TH CONGRESS 

1ST SESSION H. R. 2972 

To suspend temporarily the duty on 2-Naphthalenesulfonic acid, 6-[(2,4- 

diaminophenyl)azo]-3-[[4-[[4-[[7-[(2,4-diaminophenyl azo]-1-hydroxy-3- 

sulfo-2-naphthalenyl]azo]phenyl]amino]-3- sulfophenyl]azo]-4-hydroxy-, 

trisodium salt. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2005 

Mrs. MYRICK introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on 2-Naphthalenesulfonic 

acid, 6-[(2,4-diaminophenyl)azo]-3-[[4-[[4-[[7-[(2,4- 

diaminophenyl azo]-1-hydroxy-3-sulfo-2- 

naphthalenyl]azo]phenyl]amino]-3- sulfophenyl]azo]-4-hydroxy-, trisodium salt. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2972 IH 

1 SECTION 1. 2-NAPHTHALENESULFONIC ACID, 6-[(2,4- 

2 DIAMINOPHENYL)AZO]-3-[[4-[[4-[[7-[(2,4- 

3 DIAMINOPHENYL)AZO]-1-HYDROXY-3-SULFO-2- 

4 NAPHTHALENYL]AZO]PHENYL]AMINO]-3- 

5 SULFOPHENYL]AZO]-4-HYDROXY-, TRISODIUM 

6 SALT. 

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

8 the Harmonized Tariff Schedule of the United States is 

9 amended by inserting in numerical sequence the following 

10 new heading: 

‘‘ 9902.22.01 2-Naphthalenesulfonic acid, 

6-[(2,4-diaminophenyl)azo]- 

3-[[4-[[4-[[7-[(2,4- 

diaminophenyl)azo]-1-hydroxy-3-sulfo-2- 

naphthalenyl]azo]phenyl]amino]-3- 

sulfophenyl]azo]-4-hydroxy-, 

trisodium salt (CAS No. 

6473–13–8) (provided for in 

subheading 3204.14.50) ...... Free No change No change On or before 

12/31/2008 ’’. 

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

12 subsection (a) applies to goods entered, or withdrawn from 

13 warehouse for consumption, on or after the 15th day after 

14 the date of enactment of this Act. 

Æ
§ 203.435 Transfers of partial interests. A partial interest in an insured mortgage may be transferred under a participation agreement without obtaining the approval of the Commissioner, if the following conditions are met: ( a ) *Principal mortgagee.* The insured mortgage shall be held by an approved mortgagee which, for the purposes of this section, shall be referred to as the *principal mortgagee.*
( b ) *Interest of principal mortgagee.* The principal mortgagee shall retain and hold for its own account a financial interest in the insured mortgage.
( c ) *Qualification for holding partial interest.* A partial interest in an insured mortgage shall be issued to and held only by: ( 1 ) A mortgagee approved by the Commissioner; or
( 2 ) A corporation, trust or organization (including, but not limited to any pension fund, pension trust, or profit-sharing plan) which certifies to the principal mortgagee that: ( i ) It has assets of $100,000 or more; and
( ii ) It has lawful authority to acquire a partial interest in an insured mortgage.
( d ) *Participation agreement provisions.* The participation agreement shall include provisions that: ( 1 ) The principal mortgagee shall retain title to the mortgage and remain the mortgagee of record under the contract of mortgage insurance.
( 2 ) The Commissioner shall have no obligation to recognize or deal with anyone other than the principal mortgagee with respect to the rights, benefits and obligations of the mortgagee under the contract of insurance.
( 3 ) The mortgage documents shall remain in the custody of the principal mortgagee.
( 4 ) The responsibility for servicing the insured mortgages shall remain with the principal mortgagee.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       1,365,049
<SECURITIES>                                         0
<RECEIVABLES>                                5,985,511
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,976,104
<PP&E>                                      49,643,904
<DEPRECIATION>                               7,883,034
<TOTAL-ASSETS>                              53,389,933
<CURRENT-LIABILITIES>                        4,747,439
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        77,609
<OTHER-SE>                                  48,347,073
<TOTAL-LIABILITY-AND-EQUITY>                53,389,933
<SALES>                                      3,785,666
<TOTAL-REVENUES>                             3,785,666
<CGS>                                                0
<TOTAL-COSTS>                                3,279,489
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                552,222
<INCOME-TAX>                                   193,756
<INCOME-CONTINUING>                            358,466
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   358,466
<EPS-PRIMARY>                                    $0.05
<EPS-DILUTED>                                    $0.05
        

</TABLE>
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 quarterly report of RoomLinX, Inc. (the
"Company") on Form 10-QSB for the quarter ending June 30, 2004 filed with the
Securities and Exchange Commission (the "Report"), I, Aaron Dobrinsky, Chief
Executive Officer of the Company, 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) of the
Securities Exchange Act of 1934, and

(2) the information contained in the Report fairly presents, in all material
respects, the financial condition of the Company as of the dates presented and
results of operations of the Company for the periods presented.

Dated:  August 23, 2004

                                                    /s/ Aaron Dobrinsky
                                                    ----------------------------
                                                    Aaron Dobrinsky
                                                    Chief Executive Officer
                                                    RoomLinX, Inc

This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
**EXHIBIT 32.1**

 

**Certification ofCo-Chief Executive OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of2002**

 

Pursuantto 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officerof Guitar Center, Inc. (the “Company”) hereby certifies, to suchofficer’s knowledge, that:

 

(i)            the accompanying Quarterly Report onForm 10-Q of the Company for the quarterly period ended June 30, 2004 (the “Report”)fully complies with the requirements of Section 13(a) or Section 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)           the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations ofthe Company.

 

This written statement is beingfurnished to the Securities and Exchange Commission as an exhibit accompanyingthis Report and shall not be deemed filed pursuant to the Securities ExchangeAct of 1934.

 

 
| Dated: August 3, 2004 | /s/ Larry Thomas           |   |
|-----------------------|----------------------------|--------|
|                  | Larry Thomas               |
|                  | Co-Chief Executive Officer |

 

----