alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-16-1999

In Re: First Merch. Accept. Corp. v. JC Bradford &

Co.

Precedential or Non-Precedential:

Docket 98-5377

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"In Re: First Merch. Accept. Corp. v. JC Bradford & Co." (1999). 1999 Decisions. Paper 324.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/324
Filed December 16, 1999 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 98-5377 

IN RE: FIRST MERCHANTS ACCEPTANCE CORPORATION, 

 Debtor 

v. 

J. C. BRADFORD & CO., 

 Appellant 

On Appeal from the United States District Court 

for the District of Delaware 

(D.C. No. 97-cv-01500) 

District Judge: Hon. Joseph J. Farnan, Jr. 

Before: SLOVITER, NYGAARD and McKEE, Circuit Judges

ORDER AMENDING OPINION 

IT IS ORDERED that the slip opinion in this case,filed 

December 14, 1999, be amended as follows: 

 Page 2, footnote 1 - substitute for this footnote, the 

 following: 

 The District Court did not refer this Chapter 11 case 

 to the Bankruptcy Court. 

 Change "Bankruptcy Court" to "District Court" on the 

 following pages: 

 Page 2, line 24 

 Page 3, lines 12, 14, 28 and 35 

 Page 7, lines 1, 4 and 28 

 Page 8, line 3 
 Page 12, line 6 from bottom of page 

 Page 16, lines 7 and 19. 

 Page 4, line 28 - change "his" to "her". 

 Page 4, line 32 - change "He" to "She". 

 By the Court, 

 / s / Dolores K. Sloviter 

 Circuit Judge 

Dated: December 16, 1999 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6719]

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.;*22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Arts of Ancient Viet Nam: From River Plain to Open Sea,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Museum of Fine Arts, Houston, TX, from on or about September 13, 2009, until on or about January 3, 2010; Asia Society, New York, NY, from on or about February 2, 2010, until on or about May 2, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (                        *telephone:*                         (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.                    

Dated: July 24, 2009.

C. Miller Crouch,

Acting Assistant Secretary, for Educational and Cultural Affairs, Department of State.

[FR Doc. E9-18370 Filed 7-30-09; 8:45 am]

BILLING CODE 4710-05-P
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2861

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Mark Allan Lembo

lllllllllllllllllllll Defendant - Appellant

____________

Appeal from United States District Court 

for the Northern District of Iowa - Dubuque

____________

 Submitted: April 18, 2018

Filed: May 1, 2018

[Unpublished]

____________

Before GRUENDER, MURPHY, and BENTON, Circuit Judges. 

____________

PER CURIAM.

Mark Lembo appeals after he pleaded guilty to a drug offense and the district

court sentenced him to 216 months in prison. His appellate counsel has moved for

1

The Honorable Leonard T. Strand, Chief Judge, United States District Court

1

for the Northern District of Iowa.
leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738

(1967), suggesting that—as a result oftrial counsel’s ineffective assistance—Lembo’s

guilty plea was not knowing and voluntary. 

We decline to consider any ineffective-assistance claim on direct appeal. See

United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006) (stating

that ineffective-assistance claims are usually best litigated in collateral proceedings,

where the record can be properly developed). We also conclude that any direct

challenge to Lembo’s guilty plea, as not knowing and voluntary, is not cognizable on

direct appeal because Lembo did not move in the district court to withdraw his guilty

plea. See United States v. Foy, 617 F.3d 1029, 1033-34 (8th Cir. 2010) (noting that,

to the extent the defendant presented an argument to establish that his plea was

unknowing or involuntary, such a claim would not be cognizable on direct appeal

where he failed to move in the district court to withdraw his guilty plea). In addition,

having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75

(1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel

leave to withdraw, and we affirm.

______________________________

-2-
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 Encorium Group, Inc. (the Company) on Form 10-Q for the
period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kenneth M. Borow, M.D., President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 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/ Kenneth M. Borow, M.D.           
|Kenneth M. Borow, M.D.               
|President and Chief Executive Officer

November 14, 2007

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes  Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or
as a separate disclosure document.
EX-4.32



 





Exhibit 4.32




CERTIFICATE OF AMENDMENT

TO

CERTIFICATE OF TRUST

OF

ST. PAUL TRAVELERS CAPITAL TRUST IV




     THIS Certificate of Amendment to Certificate of Trust (the “Amendment”) of St. Paul Travelers
Capital Trust IV (the “Trust”) is being duly executed as of February 27, 2007 and filed on behalf
of the Trust by each of the undersigned, as trustees, to amend the Certificate of Trust of the
Trust which was filed on June 28, 2004 (the “Certificate of Trust”), with the Secretary of State of
the State of Delaware under the Delaware Statutory Trust Act (12 Del. C. § 3801 et
seq.) (the “Act”).



     Names. The name of the statutory trust and Delaware trustee amended hereby is St. Paul Travelers Capital Trust IV and Chase Manhattan Bank USA, National Association.



     Amendments. The Certificate of Trust is hereby amended by changing the name of the Trust to Travelers Capital Trust IV and the name of the trustee to The Bank of New York (Delaware).



                               The Certificate of Trust is hereby further amended by changing the address of the trustee to 100 White Clay Center, Route 273, P.O. Box 6995, Newark, DE 19711.



     Effective Date. This Amendment shall be effective upon filing.



 









 





     IN WITNESS WHEREOF, each of the undersigned, as trustees of the Trust, have executed this
Amendment in accordance with Section 3811(a)(2) of the Act.




	 	 	 	 	 
	 	THE BANK OF NEW YORK (DELAWARE),
as Delaware Trustee
 	 
	 	By:  	/s/  Kristine K. Gullo	 
	 	 	Name:  	Kristine K. Gullo	 
	 	 	Title:  	Vice President	 
	 






 









 





	 	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Bruce A. Backberg	 	 
	 

	 	 	 	 

Name: Bruce A. Backberg, as
Administrative Trustee
##### 



EXHIBIT 32.2
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES OXLEY ACT OF 2002
 .
  1.
    
    the Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) as
applicable, of the Securities Exchange Act of 1934; and2.
    
    the information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company as of, and for, the
periods presented in the Form 10-Q.
 Date:  November 7, 2007
    /s/ J. Marcus ScrudderJ. MARCUS SCRUDDERChief Financial Officer
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Fl  401 South Tryon Street  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

ANNUAL STATEMENT OF COMPLIANCE

 

Reference is hereby made tothat certain Pooling and Servicing Agreement  dated as  of August 1,2015, by and among Morgan Stanley Capital I Inc., as Depositor, Wells FargoBank, National Association, as Master Servicer, Midland Loan Services, ADivision of PNC Bank, National Association, as Special Servicer, Park BridgeLender Services LLC, as Trust Advisor, Wilmington Trust, National Association,as Trustee, and Wells Fargo Bank, National Association, as CertificateAdministrator, Certificate Registrar, Authenticating Agent and Custodian withrespect to Commercial Mortgage Pass-Through Certificates Series 2015-C24 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section 13.9 ofthe Agreement, I, Daniel Bober, Executive Vice President of Commercial MortgageServices do hereby certify that:

 

1.       A review of the activities of the MasterServicer during the period from January 1, 2016 through December 31, 2016 (the“Reporting Period”), and of its performance per the Agreementduring such period has been made under my supervision, and

 

2.       To the best of my knowledge, based on suchreview, the Master Servicer, has fulfilled all of its obligations under theAgreement in all material respects throughout the Reporting Period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
exv10w15



 





Exhibit 10.15




PIPER JAFFRAY COMPANIES

SUMMARY OF ADDISON L. PIPER COMPENSATION ARRANGEMENT



On August 2, 2006, the Compensation Committee of the Piper Jaffray Companies Board of Directors
approved the payment of certain services to be provided to Addison L. Piper, a director of Piper
Jaffray Companies, following his retirement as an officer of the company on December 31, 2006. The
Committee approved the provision to Mr. Piper of office space, secretarial support and computer and
communications equipment following his retirement. In addition, on January 31, 2007, the Board of
Directors and Compensation Committee approved the payment of certain compensation to Mr. Piper for
his continued service on the investment committee of certain private equity funds involving the
Company. These payments consist of a $500 per meeting fee (for approximately ten meetings per
year) and a 0.5% carry interest for this service.
### Williams , Rene e (OST) ^01 ^ Q S 7" ^ /^ f ^ ~ ^S^^ L From : Joh n Steven s [stevens.john709@gmail.com ] Sent : Wednesday , Septembe r22 , 201 0 9:3 5 P M To : EA S (OST ) Subject : Massena , N YEssentia l Ai rServic e Mr . Devany , I woul dlik e t o sho w my support of Cap e ai r for th e followin g reasons . 1 . Cap e Ai r

i s offerin g mor e frequen t service , 2 1 pe r

wee k versus 1 2 pe r week for Gulfstream . 2 . Gulfstreami s askin g for a n annua l subsid y nearl y on e millio ndollar s mor e tha nCap e Ai r

(Gulfstream-$2,518,48 5 vs . Cap e Ai r $1,519,732. ) Tha t i s on e millio n dollar s that w e a s taxpayer s can t

affor dt o spend . 3 . Cap e Ai r

wil l fly t o Albany , an di s als o offerin g Boston . I agre e Bosto n ha s mor e connections , an dtraveler s wil l b e abl e t o continu e ont o Bosto no nCap e Air . 4 . Note din th e Massen apaper , o f th e 6 0 response s t o th e Busines s Developmen t

Corporation' s survey , th e majority chos e Alban y a s thei r preferre ddestination . 5 . Cap e Ai r

ha s provide dreliabl e an dcourteou s servic e t o it' s passenger s ove r th e las t tw o years . 6 . Gulfstreamonl y propose s asingle flight o nth e weekends . Thi s wil l mak e it difficult i f not impossibl e t o mak e connectin g flights . V.Accordin g t o Guifstream' s publi c financia l reports , the y ar e o nth e verg e o f bankruptcy . Than k You , Joh n Steven s Madrid , NY
**EXHIBIT 31.1**







**RULE 13a-14(a) CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302**


**OF THE SARBANES OXLEY ACT OF 2002**








I, J. Randolph Potter, certify that:
  1.

I have reviewed this quarterly report on Form 10-Q of Summit Financial Corporation;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;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;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)) 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 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 period covered by this report based on such evaluation; andc)
Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent calendar quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, 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 and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; andb)
Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
  
 Date: November 1, 2004J. Randolph Potter, President and Chief Executive Officer
#### James R. Jones *v.*Arthur Miller et al.

King, O. J., Mukphy, Alcokn, Comley and House, Js.

*542Argued April 9

decided April 22, 1964

*Sidney Vogel,*for the appellant (plaintiff).

*James P. Driscoll,*with whom were *J. Peter LaChance*and, on the brief, *Bichard S. Weinstein*and *Jack Waltuch,*for the appellees (defendants).

King, C. J.

The plaintiff owns land which is subject to an easement of way, created by express grant, in favor of an adjoining parcel, which is owned by the defendants. It is the claim of the plaintiff that the easement was a way of necessity which terminated upon the passing of the necessity. See cases such as *Collins*v. *Prentice,*15 Conn. 39, 43. The court concluded that the easement was not a way of necessity. Even if this conclusion were to be deleted, it would avail the plaintiff nothing since the facts contained in his draft finding, to the effect that the easement was a way of necessity, cannot be added to the finding of the court because nowhere are those facts claimed to be admitted or undisputed. Practice Book, 1963, §§ 627, 628. Furthermore, the *543plaintiff has printed no appendix containing evidence which would warrant the claimed additions to the finding. Practice Book, 1963, § 717. The suggestion in his brief that he offered evidence of necessity which the court excluded is without support in the record. Indeed, it would appear that no such evidence was offered. Thus, the plaintiff has failed to prove an essential element of his claim.

Furthermore, his claim is unsound as applied to this case. Even if evidence concerning necessity had been offered and admitted, it would have been immaterial to this case because of the terms of the grant. *Schroeder*v. *Taylor,*104 Conn. 596, 601, 134 A. 63; cf. *Myers*v. *Dunn,*49 Conn. 71, 78. None of the Connecticut cases cited by the plaintiff, including *Pierce*v. *Selleck,*18 Conn. 321, 329, the case on which he seems most heavily to rely, supports his position. The easement of way was created, and its purpose expressly defined, by the terms of the defendants’ deed. It was not a way of necessity since it was not based on the presumption of a grant or reservation arising from the circumstances of the case. *Leonard*v. *Bailwitz,*148 Conn. 8, 11, 166 A.2d 451. Whether, had there been no express grant, the circumstances at the time of the original conveyance could have given rise to a way of necessity which would have terminated upon the passing of the necessity is of no moment since here we have an express grant not conditioned on necessity. *Dubinsky*v. *Cama,*261 Mass. 47, 56, 158 N.E. 321; *Parsons*v. *New York, N.H. & H.R. Co.,*216 Mass. 269, 271, 272, 103 N.E. 693; 3 Tiffany, Real Property (3d Ed.) § 817, p. 370; 2 Thompson, Real Property (1961 Repl.) § 447, p. 797.

There is no error.

In this opinion the other judges concurred.
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of October 1,2015, by and among Banc of America Merrill Lynch Commercial Mortgage Inc., asDepositor, Wells Fargo Bank, National Association, as Master Servicer, MidlandLoan Services, A Division of PNC Bank, National Association, as SpecialServicer, Pentalpha Surveillance LLC, as Trust Advisor, U.S. Bank NationalAssociation, as Trustee, Certificate Administrator, Certificate Registrar,Authenticating Agent and Custodian with respect to Commercial Mortgage Pass-Through Certificates Series 2015-C25 (the "Agreement"). Capitalizedterms used herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section13.9 of the Agreement, I, Leslie Hayton, Managing Director of CommercialMortgage Services do hereby certify that:

 

1.           A review of the activities of the Master Servicer during the period fromJanuary 1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.           To the best of my knowledge, based on such review, the Master Servicer, hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/ Leslie Hayton

Leslie Hayton 

Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|