alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### E. S. Hoyt *vs.*Interocean Building Ass’n.

Submitted on briefs May 15, 1894.

Reversed July 23, 1894.

No. 8707.

Order of payment of withdrawals from solvent building associations.

In the absence of a statute or a by-law regulating the order of payment, stockholders- withdrawing from a solvent building- association are to be paid in full in the order in which they perfect their withdrawals.

Appeal by defendant, the Inter Ocean Building Association, from a judgment of the Municipal Court of the City of St. Paul, *H. W. Cory,*J., entered August 15, 1893, in favor of plaintiff, E. S. Hoyt, upon the pleadings for $105.82.

*O. H. O’Neill,*for appellant.

*J. C. Michael,*for respondent.

Per Curiam.

This ease is governed by the determination in *Heinbokel*v. *National Sav. L. & B. Ass’n, ante, p.*340, (59 N. W. 1050,) just decided, and the judgment against defendant is reversed.

On Kehearing.

Oct. 30, 1894

Collins, J.

On the reargument of this case the only question discussed was whether, in the absence of a statute or a by-law regulating the order of payment, stockholders withdrawing from a solvent *346building association are to be paid in full in the order of their withdrawal, or are to be placed on an equal footing, entitled to a *pro rata*share of all moneys applicable to the payment of such claims, without regard to the time or order of withdrawal.

We see no good reason why, in the case of a solvent association, there being no statute or by-law controlling the order of payment, the stockholder who first exercises his right and perfects his withdrawal should not first be paid. The other rule contended for by respondent — on the authority of *Englehardt*v. *Fifth Ward P. D. S. & L. Ass’n,*5 Misc. R. 518, (25 N. Y. Supp. 835) — would lead to very serious and annoying complications. The number of withdrawals, and the amount of money to be apportioned, would vary from month to month, and, as a consequence, the percentage to be paid to each withdrawing stockholder would change at every payment. It might increase or decrease, all depending upon the constantly changing-conditions before mentioned. Many perplexing questions would arise out of such a method of distributing funds of the association. Where the circumstances are as in this case we are of the opinion that the better rule to adopt (and it is not unjust) is that payments are to be made in full in the order in which withdrawals are perfected.

The order heretofore made is adhered to.

(Opinion published 60 N. W. 678.)
**Exhibit 32.2**
WESTCORP
CERTIFICATION OF CFO
In connection with the Quarterly Report of Westcorp (the “Company”) on Form10-Q for the period ending September 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned ChiefFinancial Officer of the Company, hereby certifies, to the best of hisknowledge and belief and pursuant to 18 U.S.C., Chapter 63, Section 1350, asadopted pursuant to Section 906 of the Sarbanes–Oxley Act of 2002, that:
 (1) The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities and Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operationsof the Company.
The foregoing Certification is furnished solely for purposes of complying withthe provisions of Section 906 of the Sarbanes-Oxley Act and is not intended tobe used for any other purpose.
**WESTCORP**
/s/ Lee A. Whatcott
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 239 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        April 27, 2005.
    Resolved, That the election contest relating to the office of Representative 
from the Sixth Congressional District of Tennessee is dismissed.
            Attest:

                                                                          Clerk.
```
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.135 May a Federal agency grant an exception to let an excluded person participate in a covered transaction? ( a ) A Federal agency head or designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the agency head or designee grants an exception, the exception must be in writing and state the reason(s) for deviating from the governmentwide policy in Executive Order 12549.
( b ) An exception granted by one Federal agency for an excluded person does not extend to the covered transactions of another Federal agency.
First Department,

July, 1969

(July 1, 1969)

#### In the Matter of Leon Albury, Respondent, v. New York City Civil Service Commission, Department of Personnel, Appellant.

*Per Curiam.*

The denial to the petitioner of a formal hearing with representation by counsel was not a denial of due process. A conditional or provisional employee is not entitled to a hearing upon disqualification if one is not provided for by statute. For that matter, even on dismissal from regular, nonprovisional, employment, no hearing is required unless a statute so provides. A State or municipality in suspending or discharging its employees is exercising an administrative function and “no notice of hearing is necessary unless specifically enjoined by statute” *(Matter of Hecht*v. *Monaghan,*307 N. Y. 461, 468; *Matter of Pinto*v. *Wynstra,*22 A D 2d 914; *Matter of Avalon*v. *Allen,*12 A D 2d 480; *Matter of Going*v. *Kennedy,*5 A D 2d 173, affd. 5 N Y 2d 900). In the circumstances, judicial review is limited to a determination whether the petitioner’s disqualification was arbitrary or capricious. Where appellant commission was confronted with conflicting medical opinion concerning the petitioner, its reliance upon the advice of its own medical staff cannot be considered arbitrary or capricious. *(Matter of Strauss*v. *Hannig,*256 App. Div. 662, affd. 281 N. Y. 612.)

The lack of a provision for a formal hearing on a medical disqualification, moreover, does not constitute a denial of equal protection of the laws because such a hearing is provided for in other types of disqualification. It cannot be said that there is no rational basis for distinguishing between the nature of medical bases for disqualification and character and reputation bases for disqualification so as to permit a classification which prescribes a hearing upon written findings of medical experts in the one case and which affords an in-person hearing in the other. *(McGowan*v. *Maryland,*366 U. S. 420, 425-426.)

The judgment should be reversed, on the law, and the petition dismissed, without costs and disbursements.

Stevens, P. J., Eager, Tilzer, Markewich and Steuer, JJ., concur.

Judgment unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed.
EXHIBIT 32

                            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 SITI-Sites.com, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), We,
Lawrence M. Powers, Chief Executive Officer and Toni Ann Tantillo, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 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 result of operations of the Company.


                                                /s/ Lawrence M. Powers
                                                ----------------------
                                                Lawrence M. Powers
                                                Chief Executive Officer


                                                /s/ Toni Ann Tantillo
                                                ---------------------
                                                Toni Ann Tantillo
                                                Chief Financial Officer

August 15, 2005


                                       14
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          19,217
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                   227
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    258,495
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        391,211
<ALLOWANCE>                                    (3,767)
<TOTAL-ASSETS>                                 703,050
<DEPOSITS>                                     411,290
<SHORT-TERM>                                   131,503
<LIABILITIES-OTHER>                              6,067
<LONG-TERM>                                    110,917
<PREFERRED-MANDATORY>                           12,027
<PREFERRED>                                          0
<COMMON>                                           483
<OTHER-SE>                                      27,916
<TOTAL-LIABILITIES-AND-EQUITY>                 703,050
<INTEREST-LOAN>                                  7,295
<INTEREST-INVEST>                                4,255
<INTEREST-OTHER>                                    15
<INTEREST-TOTAL>                                11,565
<INTEREST-DEPOSIT>                               3,002
<INTEREST-EXPENSE>                               6,629
<INTEREST-INCOME-NET>                            4,936
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                 245
<EXPENSE-OTHER>                                  4,983
<INCOME-PRETAX>                                  1,750
<INCOME-PRE-EXTRAORDINARY>                       1,750
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,133
<EPS-BASIC>                                        .36
<EPS-DILUTED>                                      .35
<YIELD-ACTUAL>                                    7.11
<LOANS-NON>                                        585
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 3,701
<CHARGE-OFFS>                                       70
<RECOVERIES>                                       136
<ALLOWANCE-CLOSE>                                3,767
<ALLOWANCE-DOMESTIC>                             2,163
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,604


</TABLE>
#### § 200.310 Insurance coverage.

The non-Federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award.
#### § 1130.4 Organization of this part.

(a) The content of this part is organized into subparts and associated appendices.

(1) Each subpart provides direction to DoD Components on how to construct one article of general terms and conditions for grants and cooperative agreements.

(2) For each subpart, there is a corresponding appendix with standard wording for terms and conditions of the article addressed by the subpart. Terms and conditions address rights and responsibilities of the Federal Government and recipients.

(b) A DoD Component must use the wording provided in each appendix in accordance with the direction in the corresponding subpart. That direction may permit DoD Components to vary from the standard wording in some situations.

(c) Table 1 shows which article of general terms and conditions may be found in each of appendices A through F to this part (with the associated direction to DoD Components in Subparts A through F, respectively):

| In . . . | You will find terms and conditions specifying recipients' rights and responsibilities related to . . . | That would appear in an award within PROP Article . . . |
| --- | --- | --- |
| Appendix A | Title to property | I. |
| Appendix B | Property management system | II. |
| Appendix C | Use and disposition of real property | III. |
| Appendix D | Use and disposition of equipment and supplies | IV. |
| Appendix E | Use and disposition of federally owned property | V. |
| Appendix F | Intangible property | VI. |

Table 1 to Paragraph (c)
IV 

109TH CONGRESS 

1ST SESSION H. RES. 418

Requesting the President to transmit to the House of Representatives not 

later than 14 days after the date of the adoption of this resolution 

documents in the possession of the President relating to the disclosure 

of the identity and employment of Ms. Valerie Plame. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2005

Mr. HOLT (for himself, Mr. INSLEE, Mr. GRIJALVA, Mr. CONYERS, Mr. 

KUCINICH, Mr. TIERNEY, Mr. MCDERMOTT, Mr. ACKERMAN, Mr. 

DEFAZIO, Mr. HINCHEY, Mr. DELAHUNT, Mr. DOYLE, Mr. UDALL of 

Colorado, Mr. VISCLOSKY, Mr. MCGOVERN, Mr. PALLONE, Ms. LEE, and 

Ms. MATSUI) submitted the following resolution; which was referred to 

the Select Committee on Intelligence (Permanent Select) 

RESOLUTION

Requesting the President to transmit to the House of Representatives not later than 14 days after the date of 

the adoption of this resolution documents in the possession of the President relating to the disclosure of the 

identity and employment of Ms. Valerie Plame.

1 Resolved, That the President is requested to transmit 

2 to the House of Representatives not later than the date 

3 that is 14 days after the date of the adoption of this reso4 lution, all documents, including telephone and electronic 

5 mail records, logs and calendars, personnel records, and 
2

•HRES 418 IH 

1 records of internal discussions in the possession of the 

2 President relating to the disclosure of the identity of Ms. 

3 Valerie Plame as an employee of the Central Intelligence 

4 Agency during the period beginning on May 6, 2003, and 

5 ending on July 31, 2003.

Æ
Converted by EDGARwiz

                                      STERLING
                                                               SAVINGS BANK
 

  August 26, 2009
 

 ________________BUSINESS BANKING______________________________________
 

 Dave Chambers, CFO
 Powin Corporation
 6975 SW Sandburg St., lSuite 326
 Tigard, OR 97223
 

 Dear Dave:
 

 This memo is in regards to Powin. Corporation and subsidiary company QBF, Inc. which have credit facilities of $1,000,000  and $650,000 respectively with Sterling Savings Bank. The lines of credit extended to Powin Corporation and QBF, Inc. have performed as agreed and the companies are not in violation of covenants with the bank that are referenced in business loan agreement (page 3). The bank deems both companies in good standing in overall performance since credit facilities were established with the bank.
 

 Sincerely,
 

 

 /s/ Mark McCaslin
 Mark McCaslin
 V.P. & Commercial Banker
 Peterkort Commercial Banking
 Sterling Savings Bank
 (503) 291-4423
 

 9755 SW BARNES ROAD, SUITE 105
 PORTLAND, OR 9722S
 PHONE: 503-291 -4400 FAX: 503-292-3954
§ 1138.1 Purpose of this part. ( a ) This part specifies standard wording of general terms and conditions concerning recipients' award and administration of subawards under DoD grants and cooperative agreements.
( b ) It thereby implements OMB guidance in Subparts A through F of 2 CFR part 200 and 2 CFR parts 25, 170, and 180, as they apply to subawards.
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
<LEGEND>                                      
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BODDIE-NOELL
PROPERTIES, INC. FINANCIAL STATEMENTS AS OF AND FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>                                     
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      3-MOS
<FISCAL-YEAR-END>                                  DEC-31-1998
<PERIOD-START>                                     JUL-01-1998
<PERIOD-END>                                       SEP-30-1998
<CASH>                                                     1095179
<SECURITIES>                                                     0
<RECEIVABLES>                                               207724
<ALLOWANCES>                                                     0
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                           3407917
<PP&E>                                                   231321723
<DEPRECIATION>                                           (17894924)
<TOTAL-ASSETS>                                           223241925
<CURRENT-LIABILITIES>                                      2792565
<BONDS>                                                  140124566
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                  72060122
<OTHER-SE>                                               (14446167)
<TOTAL-LIABILITY-AND-EQUITY>                             223241925
<SALES>                                                          0
<TOTAL-REVENUES>                                          19133994
<CGS>                                                            0
<TOTAL-COSTS>                                              8664680
<OTHER-EXPENSES>                                           1410646
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                         5664605
<INCOME-PRETAX>                                            2870399
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                        2870399
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                              51335
<CHANGES>                                                        0
<NET-INCOME>                                               2819064
<EPS-PRIMARY>                                                    0.48
<EPS-DILUTED>                                                    0.47
        

</TABLE>
#### § 780.52 Notice and hearing.

The Board shall, in its discretion, afford the applicable party an opportunity for a hearing for the presentation of relevant evidence. Thirty (30) days notice shall be given of the time and place of such hearing. After expiration of the notice period, the Board shall proceed with a hearing and render its decision.
Editorial Note on Part 70
Editorial Note: Nomenclature changes to part 70 appear at 81 FR 86910, Dec. 2, 2016.

§ 70.10 Deliberate misconduct. ( a ) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: ( 1 ) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or
( 2 ) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
( b ) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
( c ) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: ( 1 ) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or
( 2 ) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.
[63 FR 1899, Jan. 13, 1998]
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0143

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT MURRAY GIBBONS, 

Defendant and Appellant. 

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including January 14, 2022, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

December 9 2021

12/09/2021

Case Number: DA 21-0413
#### The People of the State of New York, Appellant, v Barry Finnerty, Respondent.

Appeal by the People, as limited by their brief, from sentences of the County Court, Westchester County, imposed October 15, 1979, upon defendant’s convictions of forgery in the second degree and criminal possession of a forged instrument in the second degree (both class D felonies), upon a jury verdict, the sentences being concurrent indeterminate terms of imprisonment of from one and one-half to three years. (Defendant was sentenced as a second felony offender.) Sentences vacated, on the law, and matter remitted to the County Court, Westchester County, for resentencing in. accordance with section 70.06 of the Penal Law. The trial court imposed sentence under the erroneous impression that a sentence of one and one-half to three years’ imprisonment was the legal minimum for a second felony offender convicted of a class D felony (see Penal Law, § 70.06, subd 3, par [d]; subd 4, par [b]). We do not agree with defendant’s contention that any sentence greater than this, when imposed upon an individual with his prior record, would constitute "cruel and inhuman punishment”. Mollen, P. J., Lazer, Cohalan and Margett, JJ., concur.