alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Henry K. TOURNEAU and Tourneau, Inc., Plaintiffs-Appellants, v. TISHMAN & LIPP, Defendant-Appellee.

No. 186, Docket 22909.

United States Court of Appeals Second Circuit.

Argued Feb. 3, 1954.

Decided Feb. 15, 1954.

Harry C. Bierman, New York City, for plaintiffs-appellants.

Sidney G. Faber, New York City (Os-trolenk & Faber and Samuel Ostrolenk, New York City, on the brief), for defendant-appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.

PER CURIAM.

We are content to affirm on the fully reasoned opinion of District Judge Lei-bell, 119 F.Supp. 593, holding invalid Design Patent No. Des. 161,296 for “Combined Watchcase and Bracelet” issued to the individual plaintiff on December 19, 1950, and declining to find defendant guilty of unfair competition with plaintiffs in the sale of watchcases and bracelets. If the new patent code, 35 U.S.C. § 103, July 19, 1952, is applicable, the result, we believe, must remain the same.

Affirmed.
Exhibit 10.27




Lease Termination/Continuation Agreement




 




This Lease

Termination/Continuation Agreement is dated October 8, 2002 and is made by and

between Dina Corporation, successor in interest to Diamond Parking, Inc., as

Lessor and NeoRx Corporation, a Washington corporation, as Tenant.  Lessor and Tenant are parties to the

Commercial Lease dated February 15, 1996 and amended August 14, 2000.




 




Tenant hereby

provides a 6 Month Termination Notice in accordance with Paragraph 39 for (i)

the approximately 34,752 square feet in one building located on Lots 3 through

6 (comprised of approximately 33,302 square feet of gross rentable area and

approximately 1,874 square feet of drive-through area) and (ii) a 3-story

parking garage containing approximately 53 parking stalls.  The Termination Date for this building and

parking garage will be April 8, 2003.




 




NeoRx

Corporation will continue to pay rent on Lots 7-11 (annex), a building

containing approximately 2,896 square feet and a surface parking lot containing

approximately 42 parking spaces.  The

monthly rent for this space equals $3,592.00.




 




All other terms and conditions

of the original Lease dated February 15, 1996 shall remain in full force and

effect.




 




 




	

   


  	

   


  	

  NeoRx Corporation


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  By:


  	

   


  	

   


  
	

   


  	

   


  	

  Melinda Kile


  
	

   


  	

   


  	

  Vice President and Controller


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  Dina Corporation


  
	

   


  	

   


  	

   


  
	

   


  	

  By:


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  Its:
### SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
Exhibit 31.4





Certifications





I, William F. Gifford, Jr., certify that:





|   |                                                                                              
|-- | ---------------------------------------------------------------------------------------------
|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Altria Group, Inc.;




|   |                                                                                                                                                                                                                                                                                                               
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|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:  May 29, 2019


/s/ WILLIAM F. GIFFORD, JR.William F. Gifford, Jr.Vice Chairman andChief Financial Officer
Exhibit 32.2

WRITTEN STATEMENT

PURSUANT TO

18 U.S.C. SECTION 1350

In connection with Quarterly Report of Cogo Group, Inc. and its
subsidiaries (the Company) on Form 10-Q for the period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Frank Zheng, Chief Financial Officer
of the Company certifies, 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 13a-14(b) or 15d-14(b) 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.



|                        |  |  |  |        |  |                        
|----------------------- |  |  |  | ------ |  | -----------------------
|Dated: November 7, 2008 |  |  |  | By:    |  | /s/ Frank Zheng        
|                        |  |  |  | Name:  |  | Frank Zheng            
|                        |  |  |  | Title: |  | Chief Financial Officer
### §3173. Reports

Reports to Congress pursuant to sections 3171 and 3172 of this title shall be submitted promptly upon determinations under this subchapter. Such reports shall be submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. With respect to determinations relating to intelligence sources and methods, reports shall also be submitted to the congressional intelligence committees. With respect to determinations relating to ongoing criminal investigations, reports shall also be submitted to the Committees on the Judiciary of the House of Representatives and the Senate.

(July 26, 1947, ch. 343, title IX, §903, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 964; amended Pub. L. 107–306, title III, §353(b)(2)(C), Nov. 27, 2002, 116 Stat. 2402.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 441b of this title prior to editorial reclassification and renumbering as this section.

#### Amendments

2002—Pub. L. 107–306 substituted "congressional intelligence committees" for "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate".

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

#### Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§ 57.16016 Lift trucks. Fork and other similar types of lift trucks shall be operated with the: ( a ) Upright tilted back to steady and secure the load;
( b ) Load in the upgrade position when ascending or descending grades in excess of 10 percent;
( c ) Load not raised or lowered enroute except for minor adjustments; and
( d ) Load-engaging device downgrade when traveling unloaded on all grades.
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 The Dixie Group, Inc. (the "Company") on Form 10-Q for the quarterly period ending September 27, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel K. Frierson, the 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, to the best of my knowledge:



(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 the Company.



/s/DANIEL K. FRIERSONDaniel K. Frierson, Chief Executive Officer
Date:    November 6, 2008



A signed original of this written statement required by Section 906 has been provided to The Dixie Group, Inc. and will be retained by The Dixie Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
               RULE 13a-14(a)

I, Rod Lynam, certify that:
1. I have reviewed this annual report on Form 10-KSB of Gallery of
History, Inc.;

2. Based on my knowledge, this annual 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 annual report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over
financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the annual period
covered by this report based on such evaluation; and

c) disclosed in this annual report any change in the registrant's internal
control over financial reporting that occurred during the registrant's fourth
quarter that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting;

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls.

Date:  December 28, 2005
                                 /s/  ROD LYNAM
                                _______________________
                                Rod Lynam
                                Chief Financial Officer
§ 966.8 Providing opportunity to receive emergency rent relief. ( a ) If the Secretary determines that tenants must be provided with adequate notice to secure Federal funding that is available due to a Presidential declaration of a national emergency: ( 1 ) The notice of lease termination required in § 966.4(l)(3) for failure to pay rent must provide such information as required by the Secretary; and
( 2 ) Notwithstanding § 966.4(l)(3)(i)(A), the notice of lease termination for failure to pay rent must provide for at least 30 days from the date the tenant receives the notice.
( b ) Upon the Secretary's determination in paragraph (a) of this section, the PHA must provide notice to all tenants of the requirements in paragraph (a) taking effect.
[86 FR 55701, Oct. 7, 2021]
### §118. Limitations

Sections 116 through 126 of this title do not—

(1) provide authority to a taxing jurisdiction to impose a tax, charge, or fee that the laws of such jurisdiction do not authorize such jurisdiction to impose; or

(2) modify, impair, supersede, or authorize the modification, impairment, or supersession of the law of any taxing jurisdiction pertaining to taxation except as expressly provided in sections 116 through 126 of this title.

(Added Pub. L. 106–252, §2(a), July 28, 2000, 114 Stat. 627.)

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

#### Effective Date; Application of Amendment

Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
#### § 56.4101 Warning signs.

Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explosion hazard exists.
#### § 56.16010 Dropping materials from overhead.

To protect personnel, material shall not be dropped from an overhead elevation until the drop area is first cleared of personnel and the area is then either guarded or a suitable warning is given.
#### § 57.6406 Duration of current flow.

If any part of a blast is connected in parallel and is to be initiated from powerlines or lighting circuits, the time of current flow shall be limited to a maximum of 25 milliseconds. This can be accomplished by incorporating an arcing control device in the blasting circuit or by interrupting the circuit with an explosive device attached to one or both lead lines and initiated by a 25-millisecond delay electric detonator.
#### § 56.15005 Safety belts and lines.

Safety belts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.
Triangle Pharmaceuticals, Inc.
                         (A Development Stage Company)

                   Computation of Pro Forma Net Loss Per Share
                                  (Unaudited)


<TABLE>
<CAPTION>
                                           Period From     
                                            Inception        Three           Nine
                                         (July 12, 1995)     Months          Months
                                             Through         Ended           Ended
                                          September 30,   September 30,   September 30,
                                             1995(1)         1996(2)         1996(2)
                                          --------------  -------------   -------------
<S>                                          <C>            <C>            <C>      
Pro forma historical weighted
 average shares outstanding .............    4,077,333      4,107,643      4,925,945

Series A preferred stock, convertible
 to Common Stock at consummation
 of the initial public offering .........    5,231,671      5,231,671      5,231,671

Series B preferred stock, convertible
 to Common Stock at consummation
 of the initial public offering .........    3,706,234      3,706,234      3,706,234

Common stock equivalents for preferred
 stock warrants outstanding .............      146,000            -              -

Common stock equivalents for
 options outstanding ....................    1,116,260            -              -
                                            ----------     ----------     ----------

Shares used in computing pro forma 
 net loss per share .....................   14,277,488     13,045,548     13,863,850
                                            ==========     ==========     ==========

Net Loss ................................    ($375,256)   ($2,538,859)   ($8,038,277)
                                            ==========     ==========     ==========

Pro forma loss per share ................       ($0.03)        ($0.19)        ($0.58)
                                            ==========     ==========     ==========
</TABLE>

(1)  Weighted average common stock outstanding during the period including all
     common stock issued at prices below the public offering price during the
     twelve month period preceding the offering as if it was outstanding at
     inception (July 12, 1995). Issuance of convertible preferred stock,
     preferred stock warrants and common stock options at prices below the
     public offering price during the twelve month period preceding the offering
     have been included as common stock equivalents as if they had been issued
     as common stock as of July 12, 1995.

(2)  The weighted average shares outstanding used in the calculation of net loss
     per share do not include common stock equivalents because they have the
     effect of reducing net loss per share.
§ 586.118 What are my appeal rights? ( a ) Any party adversely affected by a BOEM official's final decision or order issued under the regulations of this part may appeal that decision or order to the Interior Board of Land Appeals. The appeal must conform with the procedures found in part 590 of this chapter and in 43 CFR part 4, subpart E. Appeal of a final decision for bid acceptance is covered under paragraph (c) of this section.
( b ) A decision will remain in full force and effect during the period in which an appeal may be filed and during an appeal, unless a stay is granted pursuant to 43 CFR part 4.
( c ) Our decision on a bid is the final action of the Department, except that an unsuccessful bidder may apply for reconsideration by the Director. ( 1 ) A bidder whose bid we reject may file a written request for reconsideration with the Director within 15 days of the date of the receipt of the notice of rejection, accompanied by a statement of reasons, with one copy to us. The Director will respond in writing either affirming or reversing the decision.
( 2 ) The delegation of review authority given to the Office of Hearings and Appeals does not apply to decisions on high bids for leases or grants under this part.
From:
Robert L. Chapman, Jr.


Sent:
Tuesday, January 06, 2009 12:12 PM


To:
'tom.costabile@edcllc.com'


Cc:
'Bailey, Clarke'


Subject:
EDCI Holdings (EDCI): Personnel: Costabile: Separation & Consultancy
Agreements











January
6, 2009





Mr.
Thomas Costabile


Chief
Operating Officer


Entertainment
Distribution Company, Inc.


1755
Broadway, 4th Floor


New York,
NY  10019


Office:  (212)
331-2770


E-mail:
tom.costabile@edcllc.com





Mr.
Costabile,





As you
have been made aware both in writing and verbally both in 2008 and 2009, EDC has
documented its views that you have engaged in gross negligence and by doing so
have breached your employment agreement dated May 9, 2005 “TC Employment
Agreement.”  In addition, EDC has evidence that you have
misappropriated corporate assets for your personal benefit, possibly
constituting act(s) of embezzlement (http://www.lectlaw.com/def/e005.htm).  I
repeat:  in 2008 and also this year, you were notified of EDC’s views
regarding gross negligence and misappropriation.  Clearly, you have
attempted to “beat EDC to the punch” by submitting, with invalid “good reason,”
letter of resignation dated January 2, 2009, that was received today by EDCI
Chairman Clarke Bailey, well after you were notified of EDC’s substantiated
claims of gross negligence and misappropriation.  To the contrary, per
the TC Employment Agreement, EDC does have cause to terminate your employment
immediately.





In
addition, today you utilized EDC’s corporate offices and participated in several
proprietary corporate conference calls despite having sent a letter dated
January 2, 2009 resigning “immediately” (i.e., you ceased to be an executive,
based on an invalid claim of “good reason” on January 2, 2009).  As
only you alone (i.e., EDC had not received any written or verbal notification
from you before or at the time of these conference calls) were aware that by
your own January 2, 2009 resignation, itself never communicated in another
fashion to EDC/EDCI outside of the letter received today after the conference
calls had concluded, you no longer were an employee of EDC at the time you
participated in two proprietary conference calls and by doing so potentially
engaged in various unlawful acts.





As a
result of the above, you are ordered to a) cease and desist in unlawful acts,
and b) remove yourself from EDC’s offices immediately. This matter shall be
turned over to Littler Mendelson by the close of today’s business.





Robert L.
Chapman, Jr.


Chief
Executive Officer


EDCI
Holdings, Inc.


--------------------------------


Office:
(310) 373-0404 x 200


E-Mail
Primary: chapman@chapcap.com


E-Mail
Secondary: robert.chapman@edcih.com
Editorial Note on Part 1206
Editorial Note: Nomenclature changes to part 1206 (formerly part 206) appear at 67 FR 19111, Apr. 18, 2002.

§ 1206.256 Valuation standards for cents-per-ton leases. ( a ) This section is applicable to coal leases on Federal lands which provide for the determination of royalty on a cents-per-ton (or other quantity) basis.
( b ) The royalty for coal from leases subject to this section shall be based on the dollar rate per ton prescribed in the lease. That dollar rate shall be applicable to the actual quantity of coal used, sold, or otherwise finally disposed of, including coal which is avoidably lost as determine by BLM pursuant to 43 CFR part 3400.
( c ) For leases subject to this section, there shall be no allowances for transportation, removal of impurities, coal washing, or any other processing or preparation of the coal.
( d ) When a coal lease is readjusted pursuant to 43 CFR part 3400 and the royalty valuation method changes from a cents-per-ton basis to an ad valorem basis, coal which is produced prior to the effective date of readjustment and sold or used within 30 days of the effective date of readjustment shall be valued pursuant to this section. All coal that is not used, sold, or otherwise finally disposed of within 30 days after the effective date of readjustment shall be valued pursuant to the provisions of § 1206.257, and royalties shall be paid at the royalty rate specified in the readjusted lease.