alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marine Midland Bank, Appellant, v Edwin J. Stukey et al., Respondents.

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff bank appeals from an order denying its motion for summary judgment in an action to collect the balance due on a promissory note concededly executed by defendants on October 10, 1975. Plaintiff also appeals from that part of the order denying its summary judgment motion to dismiss defendants’ counterclaims which assert causes of action based on fraud and negligence arising out of transactions concerning a guarantee executed by defendants in connection with the sale of their pharmacy in July of 1969. Defendants became liable as guarantors when the purchasers of the pharmacy declared bankruptcy, and the October 10, 1975 note pertains to that liability. Special Term denied summary judgment on the October, 1975 note, finding that a triable factual issue was raised by defendants’ statement in their answering affidavit that representatives of the plaintiff coerced them into signing the note by advising then that unless defendants, who had other, unrelated outstanding obligations to plaintiff, signed a note for the amount of the guarantee, plaintiff "would then make all obligations owed by Defendants * * * to the Marine Midland Bank due and owing.” There is no claim that the other obligations due from defendants to the bank were illegal or not lawfully owed to the bank. In our opinion, defendants’ allegations, even if accepted as true, would constitute no defense to the note. The threatened exercise of a legal right cannot constitute duress (see *Tarrytown Nat. Bank & Trust Co. v Clark,*261 App Div 937). Moreover, because defendants admittedly paid interest on the note without protest from October 10, 1975 until October 1, 1978, their claimed defense of duress has been waived (see *Greenpoint Nat. Bank of Brooklyn v Gilbert,*237 NY 19, 22; *Feyh v Brandtjen & Kluge,*1 AD2d 1014, 1015, affd 3 NY2d 971; *Lilienthal v Bechtel Brewing Co.,*118 App Div 205, 207). Thus, it was error to deny summary judgment on the note. We agree with the denial of summary judgment against defendants on their counterclaims for the reasons stated by Special Term (CPLR 203, subd [c]). Under the circumstances, as a matter of discretion, we'direct that summary judgment on the note may be entered, but execution thereof stayed pending resolution of the defendants’ counterclaims (CPLR 3212, subd [e], par 2; see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3212:31, C3212:32; *Stigwood Organisation v Devon Co.,*44 NY2d 922, 923). (Appeal from order of Oneida Supreme Court—summary judgment.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3091 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3091

 To suspend temporarily the duty on Okuma horizontal milling machines.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on Okuma horizontal milling machines.

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

SECTION 1. OKUMA HORIZONTAL MILLING MACHINES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.84.59        Okuma horizontal        Free      No change       No change       On or before 12/
                           milling machines                                                  31/2009          ''
                           (provided for in                                                                    .
                           subheading
                           8459.61.00)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
#### § 958.55 Notification of regulations.

The Secretary shall notify the committee of each regulation issued, and of each amendment, modification, suspension, or termination thereof. The committee shall give reasonable notice thereof to handlers.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-cv-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

NOTICE OF FILING DEFENDANTS’ EXHIBIT AND WITNESS LIST AND

DEPOSITION DISCLOSURE

Defendants Mission Petroleum Carriers and Antonio Martinez Navarro hereby give

notice of filing Defendants’ Exhibit List and Defendants’ Witness List, and Deposition

Disclosure. 

Respectfully submitted on the 2nd day of April, 2007.

/s/ Caroline T. Pryor 

VINCENT A. NOLETTO, JR. 

(NOLEV3868)

CAROLINE T.

PRYOR(PRYOC2802)

Attorney for Defendants

CARR ALLISON

6251 Monroe Street, Suite 200

Daphne, Alabama 36526

(251)626-9340 telephone

(251)626-8928 facsimile

ctp@carrallison.com

CERTIFICATE OF SERVICE

I hereby certify that I have on this 2nd of April, 2007, served a copy of the foregoing

pleading upon all counsel of record via the Court’s electronic filing system.

James Bodin, Esq.

McPhillips, Shinbaum & Gill, LLP

P.O. Box 64

Montgomery, AL 36101-0064

/s/ Caroline T. Pryor 

CAROLINE T. PRYOR

Case 2:06-cv-00665-WHA-WC Document 22 Filed 04/02/2007 Page 1 of 1
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 on Form 10-Q for the period ended June 30, 2006 (the
Report) of The Peoples BancTrust Company, Inc. (the Company), as filed with the Securities and Exchange Commission, the undersigned, Chief Executive Officer and Chief Financial Officer of the Company, hereby each certify that
to the best of our knowledge:



| | 1. | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company as of and for the periods covered
in the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                    
|------------------------------------
|/s/ Ted M. Henry                    
|Ted M. Henry                        
|Chairman and Chief Executive Officer
|                                    
|/s/ Thomas P. Wilbourne             
|Thomas P. Wilbourne                 
|Chief Financial Officer             
|                                    
|August 10, 2006                     
|(Date)                              

A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. The information furnished herein shall not be deemed to be filed for purposes of Section 18 of the Securities
Exchange Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933.
Exhibit



Exhibit 10.2



Amendment to Employment Agreement
This Second Amendment (this “Amendment”), dated as of March 6, 2018, to the Employment Agreement, made as of July 18, 2014 and as amended as of December 6, 2016 (the “Employment Agreement”), between Florida Community Bank, National Association (the “Company”) and Vincent Tese (“Executive”).
WHEREAS, the Company and Executive now wish to further amend the Employment Agreement in accordance with the provisions of Section 7(m) of the Employment Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree to amend the Employment Agreement as set forth herein.
Section 1 of the Employment Agreement is hereby deleted in its entirety and replaced with the following:
“1.    Term of Employment.  The term of employment under this Agreement shall commence as of May 1, 2014 (the “Effective Date”) and, subject to earlier termination as provided in Section 4 hereof, shall end on April 30, 2021 (the “Term”).  For purposes of clarity, if Executive’s employment continues after the expiration of the Term, his employment shall be at-will.”
Except as specifically modified herein, the Employment Agreement shall remain in full force and effect in accordance with all of the terms and conditions thereof.
This Amendment may be executed in any number of counterparts, each of which shall for all purposes be deemed an original, and all of which together shall constitute but one and the same instrument.  Signatures delivered by facsimile shall be effective for all purposes.








IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be duly executed effective as of the date first written above.


	
		
	 
	FLORIDA COMMUNITY BANK, NATIONAL ASSOCIATION




By:/s/ Kent Ellert


Name:Kent Ellert


Title:President & Chief Executive Officer



	 
	VINCENT TESE






/s/ Vincent Tese
425.1001 Waiver of right to examination of records.       The SPE shall make the determination under FAR 25.1001(a)(2)(iii).    **Parent topic:** Subpart 425.10 - Additional Foreign Acquisition Regulations
Instructions for Attorneys completing the electronic version of 

the Transcript Information Form for Appeals

An electronic version of the Transcript Order Information Form is available on the Middle

District of Alabama website. The following instructions and guidance are provided.

First Click on the link below to obtain the Transcript Order Information Form from the

Middle District of Alabama website: 

http://www.almd.uscourts.gov/forms/transcription-information-form.pdf

Second Complete the form electronically using Adobe Acrobat or other PDF editor. The

form should be signed using the s/ name convention for electronic signatures.

Third Save the completed form as a PDF document (using the full version of Adobe

Acrobat, PDF 995, etc.) or “print” the completed form to a PDF file (using

programs which only have PDF print capabilities).

Fourth File the form electronically with the district court using the CM/ECF system. 

From the main CM/ECF menu select:

Civil or Criminal Events; Appeal Documents; Transcript Information

Form. 

Fifth After the transcript information form is e-filed use the notice of electronic filing to

access the PDF image of the form and print it for the following step. This version

of the document contains the case number, filing date, and document number

information in a header along the top if you have that feature enabled.

Sixth Mail the printed form to the Eleventh Circuit Court of Appeals; 56 Forsyth St,

NW; Atlanta, GA 30303.

Seventh Your transcript information form will be emailed to the court reporter when the

form is e-filed with the court. Please follow the prompts during the event.

 If you are requesting a transcript(s), you must also mail a copy of the printed form 

 to the appropriate court reporter(s).

Case 2:06-cv-00695-WKW-CSC Document 159 Filed 01/02/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

 _____________________________

MARVIN KURT NATION, #141 669 *

Plaintiff, *

v. * 2:06-CV-693-ID

WILLIE AMBERS, et al., *

Defendants. *

 ______________________________

ORDER ON MOTION

Upon consideration of Plaintiff's Motion for Court Order Directing the Clerk to

Attempt Service of Process on Defendant Ambers, and as Defendant Ambers has been served

with the complaint and filed an answer and special report thereto (see Doc. No. 27), it is 

ORDERED that the motion (Doc. No. 31) be and is hereby DENIED. 

Done, this 13th day of December 2006.

 /s/Delores R. Boyd 

DELORES R. BOYD

UNITED STATE MAGISTRATE JUDGE

Case 2:06-cv-00693-ID-TFM Document 32 Filed 12/13/2006 Page 1 of 2
2

Case 2:06-cv-00693-ID-TFM Document 32 Filed 12/13/2006 Page 2 of 2
#### § 955.7 Handle.

*Handle* or *ship* means to package, load, sell, transport, or in any other way to place Vidalia onions, or cause Vidalia onions to be placed, in the current of commerce within the production area or between the production area and any point outside thereof. Such term shall not include the transportation, sale, or delivery of field-run Vidalia onions to a person within the production area for the purpose of having such Vidalia onions prepared for market.
§ 82.13 Records and accounts. ( a ) The growers participating in this program must keep accurate records and accounts showing the details relative to the clingstone peach tree removal, including the contract entered into with any firm removing the trees, as well as the invoices.
( b ) The growers must permit authorized representatives of USDA, the CCPA, and the Government Accountability Office at any reasonable time to inspect, examine, and make copies of such records and accounts to determine compliance with provisions of this part. Such records and accounts must be retained for ten years after the date of payment to the grower under the program, or for ten years after the date of any audit of records by USDA, whichever is later. Any destruction of records by the grower at any time will be at the risk of the grower when there is reason to know, believe, or suspect that matters may be or could be in dispute or remain in dispute.
#### § 900.21 Definitions.

As used in this subpart, the terms as defined in the Act and in § 900.2 of this part shall apply.
II 

109TH CONGRESS 

2D SESSION S. 3129 

To clarify the classification of certain high-density fiberboard and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mr. CHAMBLISS introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To clarify the classification of certain high-density fiberboard 

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. HIGH DENSITY FIBERBOARD. 

4 (a) IN GENERAL.—Chapter 44 of the Harmonized 

5 Tariff Schedule of the United States is amended by insert6 ing in numerical sequence the following new subheading 

7 with the article description for subheading 4411.19.35 

8 having the same degree of indentation as the article de9 scription for subheading 4411.19.30: 


cchase on PROD1PC60 with BILLS
2 

•S 3129 IS 

‘‘ 4411.19.35 Laminate boards or panels bonded in 

whole or in part, or impregnated, 

with melamine or other synthetic resins. ..................................................... 1.9¢/kg + 

1.5% 

Free (A, AU, 

CA, CL, E, IL, 

J, JO, MA, 

MX, SG) 

33¢/kg + 25% 

’’. 

1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by 

3 subsection (a) applies with respect to goods entered, 

4 or withdrawn from warehouse for consumption, on 

5 or after the 15th day after the date of the enact6 ment of this Act. 

7 (2) RETROACTIVE APPLICATION TO CERTAIN

8 ENTRIES.—Notwithstanding section 514 of the Tar9 iff Act of 1930 (19 U.S.C. 1514) or any other provi10 sion of law, upon proper request filed with the Bu11 reau of Customs and Border Protection before the 

12 90th day after the date of the enactment of this Act, 

13 any entry, or withdrawal from warehouse for con14 sumption, of any goods described in subheading 

15 4411.19.35 of the Harmonized Tariff Schedule of 

16 the United States (as added by subsection (a)) that 

17 was made— 

18 (A) on or after January 1, 1994; and 

19 (B) before the 15th day after the date of 

20 the enactment of this Act; 


cchase on PROD1PC60 with BILLS
3 

•S 3129 IS 

1 shall be liquidated or reliquidated as though the 

2 amendment made by subsection (a) applied to such 

3 entry or withdrawal. 

Æ 


cchase on PROD1PC60 with BILLS
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Thomas H. Parker, President and CEO of Gold Crest Mines, Inc. (the Registrant) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This annual report on Form 10-KSB of the Registrant for the year ended December 31, 2007, as filed with the Securities and Exchange Commission (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 Registrant.



Date:  March 26, 2008



/s/ Thomas H. Parker

Thomas H. Parker

Chief Executive Officer
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3290 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3290

   To suspend temporarily the duty on toaster ovens with single-slot 
              traditional toaster opening on top of oven.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2006

   Mr. Allen introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on toaster ovens with single-slot 
              traditional toaster opening on top of oven.

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

SECTION 1. TOASTER OVENS WITH SINGLE-SLOT TRADITIONAL TOASTER OPENING 
              ON TOP OF OVEN.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.85.19        Toaster ovens           Free      No change       No change       On or before 12/
                           incorporating single-                                             31/2009          ''
                           slot traditional                                                                    .
                           toaster opening on
                           top of oven (provided
                           for in subheading
                           8516.72.00)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3236 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3236

      To suspend temporarily the duty on certain golf bag bodies.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on certain golf bag bodies.

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

SECTION 1. CERTAIN GOLF BAG BODIES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.63.07        Golf bag bodies made    Free      No change       No change       On or before 12/
                           of woven nylon or                                                 31/2009          ''
                           polyester fabric,                                                                   .
                           sewn together with
                           rainhoods, pockets,
                           dividers, and
                           graphite shaft
                           protection (provided
                           for in subheading
                           6307.90.98)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
#### § 932.27 Selection.

Selection of members of the committee, and their respective alternates, shall be made in the appropriate numbers specified in § 932.25 by the Secretary from nominees nominated pursuant to this part or, in the discretion of the Secretary, from other persons eligible for nominations for such positions.