alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Carlton Credit Corporation, Appellant-Respondent, v. Atlantic Refining Company, Respondent-Appellant.

Order entered on August 18, 1960 denying defendant’s motion for summary judgment unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant and the motion granted, with $10 costs. Order entered on August 18, 1960 denying plaintiff’s cross motion for summary judgment unanimously affirmed, with $20 costs and disbursements to the respondent. The acceptance and negotiation by the plaintiff of the defendant’s check constituted an accord and satisfaction. The covering letter to which the check was annexed, itemizing in detail the deductions claimed, makes it clear that the payment made was conditioned upon its acceptance as payment in full for the larger amount claimed by the plaintiff to be due it from the defendant. There is no merit to the contention that the amount involved was liquidated and not in dispute. The letter clearly points up a difference in the amounts claimed to be due by the respective parties. Such a difference renders the amount in question unliquidated “ within the meaning of that term as applied to * * * accord and satisfaction ” *(Nassoiy*v. *Tomlinson,*148 N. Y. 326, 330). The defendant, a debtor, as distinguished from an agent, had a right to impose conditions in connection with the payment made *(Hudson*v. *Yonkers Fruit Co.,*258 N. Y. 168). The covering letter clearly conditioned the cheek upon its being payment in full for the moneys owed the plaintiff under the charter party on which this suit is based. The plaintiff could not accept the payment and reject the condition *(Hudson*v. *Yonkers Fruit Co.,*supra;*Nassoiy*v. *Tomlinson, supra).*It was fully aware of the attempt to satisfy the amount claimed with a lesser payment but despite that it accepted the check with the condition imposed. True, it is stated there was no intention to accept the cheek in full satisfaction and protest was registered. However, such protest is unavailing. For, as was said by Judge Cardozo in *Hudson*v. *Yonkers Fruit Co. (supra,*p. 171) : *“*What is said is overridden by what is done, and assent is imputed as an inference of law (3 Williston on Contracts, §§ 1855, 1856; Am. L. Inst., Restatement of Contracts, draft No. 9, § 38-A).” 38-A).” Concur Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.
### §101302. Authority of Secretary to carry out certain activities

(a) In General.—To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section.

(b) Transportation.—The Secretary may provide transportation of employees located at an isolated area of the System and to members of their families, if—

(1) the area is not adequately served by commercial transportation; and

(2) the transportation is incidental to official transportation services.

(c) Recreation Facilities, Equipment, and Services.—The Secretary may provide recreation facilities, equipment, and services for use by employees and their families located at an isolated area of the System.

(d) Field and Special Purpose Equipment.—The Secretary may purchase field and special purpose equipment required by employees for the performance of assigned functions. The purchased equipment shall be regarded and listed as System equipment.

(e) Meals and Lodging.—The Secretary may provide meals and lodging, as the Secretary considers appropriate, for members of the United States Park Police and other employees of the Service, as the Secretary may designate, serving temporarily on extended special duty in System units. For this purpose the Secretary may use funds appropriated for the expenses of the Department of the Interior.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 101302(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
| 101302(b) | 16 U.S.C. 1a–2(a). | Pub. L. 91–383, §3(a), (b), (d), Aug. 18, 1970, 84 Stat. 826, 827; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
| 101302(c) | 16 U.S.C. 1a–2(b). | |
| 101302(d) | 16 U.S.C. 1a–2(d). | |
| 101302(e) | 16 U.S.C. 1a–2(i). | Pub. L. 91–383, §3(i), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (4), Mar. 10, 2000, 114 Stat. 28. |

Section
EXHIBIT 32

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of CyberOptics Corporation  (the Company) on Form 10-K for the year ended December 31, 2006 as filed with the Securities and Exchange Commission on or about the date hereof (the Report), the undersigned, Kathleen P. Iverson, Chief Executive Officer, and Jeffrey A. Bertelsen, the Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C. §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) 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/   Kathleen P. IversonKathleen P. Iverson
Chief Executive Officer
March 7, 2007/s/   Jeffrey A. BertelsenJeffrey A. BertelsenChief Financial Officer
March 7, 2007








59

---
#### (A) The People of the State of New York v. Dexter Bishop Co., Inc. (B) The People of the State of New York v. Carlos Duval. (C) The People of the State of New York v. Eugene Fangi. (D) The People of the State of New York v. Louis Roman.

[In each action] Motion to dismiss appeal granted. Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
IV 

118TH CONGRESS 

2D SESSION H. RES. 1006 

Recognizing the birthday of legendary reggae artist Robert ‘‘Bob’’ Nesta 

Marley. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2024 

Ms. CLARKE of New York (for herself, Mr. JOHNSON of Georgia, Ms. 

VELA ́ZQUEZ, and Mr. PAYNE) submitted the following resolution; which 

was referred to the Committee on Education and the Workforce 

RESOLUTION 

Recognizing the birthday of legendary reggae artist Robert 

‘‘Bob’’ Nesta Marley. 

Whereas each year on February 6, the life and legacy of Robert ‘‘Bob’’ Nesta Marley, singer, songwriter, and global 

civil and human rights advocate, is celebrated; 

Whereas Bob Marley was a Jamaican-born reggae artist 

whose musical career began in the 1960s as a member 

of the popular group ‘‘The Wailers’’; 

Whereas The Wailers, led by Marley, won the Rolling Stone’s 

Band of the Year award in 1976, and Marley went on 

to achieve international success as a solo artist with hits 

like ‘‘One Love’’, ‘‘Jamming’’, ‘‘No Woman, No Cry’’, 

and ‘‘Redemption Song’’; 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HRES 1006 IH 

Whereas Marley today is known as a cultural icon and credited as being one of the most influential musicians of the 

20th century; 

Whereas, in 1978, Marley was awarded the Peace Medal of 

the Third World by the United Nations, for his work to 

end social unrest in Jamaica; 

Whereas Marley was posthumously inducted into the Rock 

and Rock Hall of Fame in 1994, and in 1999 Time Magazine recognized Marley’s album ‘‘Exodus’’ as the Album 

of the Century; 

Whereas, in 2001, Marley received a star on the Hollywood 

Walk of Fame and in the same month was awarded a 

Grammy Lifetime Achievement Award for ‘‘outstanding 

artistic significance to the field of recording’’; 

Whereas Marley’s musical talents inspired generations and 

encouraged individuals of all ages, races, ethnic backgrounds, and walks of life; and 

Whereas Marley’s music encompassed themes of love, peace, 

unity, empowerment, and continues to resonate and uplift 

people all over the world: Now, therefore, be it 

1 Resolved, That the House of Representatives acknowl2 edges the life and impact of the legendary Robert ‘‘Bob’’ 

3 Nesta Marley on his 79th birthday. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
<PAGE>
                                                   Exhibit (i)
                                                   -----------




                     Pitney Bowes Credit Corporation

            Computation of Ratio of Earnings to Fixed Charges



(Dollars in thousands)

                                   Years Ended December 31              
                        --------------------------------------------
                            1995     1994     1993     1992     1991
                        --------  -------  -------  -------  -------
Income before
  income taxes          $231,334 $218,913 $189,960 $185,704 $148,746
                         -------  -------  -------  -------  -------
Fixed charges:
  Interest on debt       202,090  151,239  137,372  146,594  167,236
  1/3 rental expense       1,519    1,463    1,575    1,491    1,389
                         -------  -------  -------  -------  -------

  Total fixed charges    203,609  152,702  138,947  148,085  168,625
                         -------  -------  -------  -------  -------

    Total               $434,943 $371,615 $328,907 $333,789 $317,371
                         =======  =======  =======  =======  =======

Ratio of earnings
  to fixed charges (1)     2.14X    2.43X    2.37X    2.25X    1.88X
                         =======  =======  =======  =======  =======



(1)    The ratio of earnings to fixed charges has been computed by
       dividing income before income taxes and fixed charges by fixed
       charges.  Fixed charges consist of interest on debt and one-third
       rental expense as representative of the interest portion of
       rentals.




                                  -66-
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Davidson
Income Real Estate, L.P. 1998 Year-End 10-KSB and is qualified in its entirety
by reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000768598
<NAME> DAVIDSON INCOME REAL ESTATE, L.P.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                             920
<SECURITIES>                                         0
<RECEIVABLES>                                      488
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          24,680
<DEPRECIATION>                                (11,055)
<TOTAL-ASSETS>                                  15,823
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         11,901
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       3,293
<TOTAL-LIABILITY-AND-EQUITY>                    15,823
<SALES>                                              0
<TOTAL-REVENUES>                                 4,637
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,684
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,002
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        36
<EPS-PRIMARY>                                     1.31<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        

</TABLE>
EXHIBIT 10.11

                               TERM LOAN AGREEMENT

Party A (hereinafter referred to as the "Lender"): Tianjin Tianshi Biological
Development Co., Ltd.

Party B (hereinafter referred to as the "Borrower"): Tianjin Tianshi Biological
Engineering Co., Ltd.

The lender and the Borrower have reached and signed a loan agreement which
should be observed by both parties.

        1.      The Lender agrees to make a loan of RMB 200
                million((pound)*200,000,000.00) to the Borrower.

        2.      The term of this loan agreement is from January 1, 2006 to March
                31, 2006.

        3.      The loan is for short-term loan and non-interest bearing.

        4.      The Borrower guarantees to repay the loan by March 31, 2005, and
                terms of the loan agreement shall not be breached.

        5.      The Lender can call the loan back whenever it is necessary.

        6.      Upon the approval by the lender the Borrower can pay off the
                loan before March 31, 2005.

The Lender:                              The Borrower:
Tianjin Tianshi Biological Development   Tianjin Tianshi Biological Engineering
Co., Ltd                                 Co., Ltd

By     /s/ Jinyuan Li                    By     /s/ Baolan Li
       -------------------------------          --------------------------------
Title: General Manager                   Title: General Manager

January 1, 2006                          January 1, 2006
#### The People of the State of New York, Respondent, v Edwin Lugo and Ramon Rios R.,Appellants.

Two judgments (one as to each *787defendant) of the Supreme Court, Queens County, both rendered December 10, 1976, affirmed. No opinion. This case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Martuscello, J. P., Titone, Hawkins and O’Connor, JJ., concur.
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH 

	NO. 2-03-136-CV

IN RE SHANNON NICHOLSON	RELATOR

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

	ORIGINAL PROCEEDING

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

	MEMORANDUM OPINION1

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

	The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus is denied.

								PER CURIAM

PANEL A:	GARDNER, J.; CAYCE, C.J.; and HOLMAN, J.

DELIVERED: May 20, 2003
EXHIBIT 10.35

                                ENDORSEMENT NO. 5
                               TO PROMISSORY NOTE
                               ------------------


         ENDORSEMENT NO. 5, dated as of March 16, 2006 to the Promissory Note,
dated May 3, 2002, as amended from time to time (the "Note") by LEVCOR
INTERNATIONAL, INC., A New York corporation (the "Borrower") in favor of
JPMORGAN CHASE BANK, N.A., formerly known as JPMorgan Chase Bank, a banking
corporation organized under the laws of the United States of America (the
"Bank").

         WHEREAS, the Borrower has executed and delivered to the Bank the Note;
and

         WHEREAS, the Borrower and the Bank desire to amend the Note on the
terms and conditions set forth herein to change the maturity date of the Note to
April 30, 2007;

         NOW, THEREFORE, in consideration of the premises contained herein and
for other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:

         1.       The date "December 31, 2006" which appears in first line
                  thereof is hereby deleted and the date "April 30, 2007" is
                  substituted in its place.

         2.       Except as otherwise expressly provided herein, the terms and
                  conditions of the Note shall continue in full force and
                  effect.

         3.       This Endorsement No. 5 shall be governed by and construed in
                  accordance with New York law.

         IN WITNESS WHEREOF, the parties hereto have caused this Endorsement No.
5 to be duly executed and delivered by their proper and duly authorized officers
as of the day and year first above written.


                                       LEVCOR INTERNATIONAL, INC.


                                       By: /s/ ROBERT A. LEVINSON
                                           -------------------------------------
                                           Name:  Robert A. Levinson
                                           Title: Chairman of the Board,
                                                  President and Chief Executive
                                                  Officer


                                       JPMORGAN CHASE BANK, N.A.

                                       By: /s/ SALVATORE G. CANTARELLA,
                                           -------------------------------------
                                           Salvatore G. Cantarella, V.P.
#### § 196.130 Effect of employment opportunities.

The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex.
<PAGE>   1
<TABLE>
<CAPTION>
                                                        EAC INDUSTRIES, INC.
                                                             EXHIBIT 11
                                              COMPUTATION OF EARNINGS PER COMMON SHARE
                                                             (UNAUDITED)


                                                                                                     For The Three Months
                                                                                                       Ended April 30,
                                                                                        -------------------------------------------
                                                                                            1997                            1996
                                                                                        -----------                     -----------
<S>                                                                                      <C>                            <C>
NET INCOME (LOSS)                                                                        $   17,947                     $   (15,332)
                                                                                         ==========                     ===========


SHARES:
  Weighted average shares outstanding                                                     2,311,687                       2,311,687
  Other - options, warrants etc.                                                                 --                              --
                                                                                        -----------                     -----------
                                                                                          2,311,687                       2,311,687

PRIMARY EARNINGS (LOSS) PER SHARE                                                        $      .01                     $      (.01)
                                                                                         ==========                     ===========
</TABLE>

                                 - Exhibit 11 -

                                                                        Page 11.
### **CHAPTER 4—NAVAL STORES**

Sec.
91.
Short title.
92.
Definitions.
93.
Establishment of official naval stores standards.
94.
Supplying duplicates of standards; examination, etc., of naval stores and certification thereof.
95.
Prohibition of acts deemed injurious to commerce in naval stores.
96.
Punishment for violation of prohibition.
97.
Purchase and analysis by Secretary of samples of spirits of turpentine to detect violations; reports to Department of Justice; publication of results of analysis, etc.
98.
Fees and charges for naval stores inspection and related services; establishment; collection, etc.; authorization of appropriations; administrative expenses.
99.
Separability.

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

#### Transfer of Functions

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Mar. 12, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

The Secretary and Department of Health, Education, and Welfare was redesignated the Secretary and Department of Health and Human Services by section 3508 of Title 20, Education.

The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Naval Stores Act, this chapter, were transferred to the Federal Security Agency by 1940 Reorg. Plan No. IV, §12, set out in the Appendix to Title 5, Government Organization and Employees.
### [§4706. Renumbered §4705]
EXHIBIT 23.3

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                                                       -68-

<PAGE>



                                                                   EXHIBIT 23.3




INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference  in  Registration  Statement  No.
333-22563  of Hallwood  Energy  Partners,  L.P. on Form S-8 of our report  dated
February  28,  1997,  appearing  in this Annual  Report on Form 10-K of Hallwood
Energy Partners, L.P. for the year ended December 31, 1996.





DELOITTE & TOUCHE LLP

Denver, Colorado
March 20, 1997

Document: P:\DOC\HEPK.DOC
                                                       -69-

<PAGE>



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                                                       -70-