alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Henly St. John Henly, Respondent, *v.*The Delaware, Lackawanna & Western Railroad Co., Appellant.

Appeal from a judgment in favo" of plaintiff, entered upon a ■ verdict.

Hamilton Odell (Hammond Odell, of counsel), for appellant.

Arthur Furber, for respondent.

Hascall, J.

This appeal brings up two principal questions for review, viz.: Whether the verdict is against the weight of evidence, and whether error was committed at the trial in refuéingto dismiss the complaint.

We find, upon a careful reading of the case, that the defendant, has good grounds for feeling aggrieved and for appeal to this court..

It was for the trial court alone to construe the contract between the parties and to instruct the jury as to its meaning. 103 FT. Y. 341. The terms being undisputed and unambiguous, the question thereon was solely one of law (122 *N.*Y. 247; 143 N. Y. 649) and should not have been left to the jury.

It was error, upon the uncontradicted evidence, not to find that the acts, done by persons complained of by plaintiff, were not committed by the defendant, or its servants (King v. N. Y. C. & H. R. *812R. R. Co., 66 N. Y. 181), and so to instruct the jury, or to dismiss the complaint.

For these reasons the judgment and order appealed from must be reversed, and the verdict set aside, and a. new trial ordered, with costs to. the .appellant. ' .

Fitzsimons, Oh. J., and .McCarthy, J., concur.

Judgment and order reversed and new trial ordered, with costs to appellant.
41485.

#### ALWOOD v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

Submitted September 13, 1965

Decided September 28, 1965.

*William K. Buffington, V. J. Adams,*for plaintiff in error.

*Smith, Ringel, Martin & Lowe, Sam F. Lowe, Jr., Westmoreland' & Patterson,*contra.

Frankum, Judge.

1. The record in this case shows without dispute that the fire loss for which suit was brought occurred on April 4, 1960, and that suit was not filed until November 2, 1961, almost 19 months after the loss. The policy provided that no suit or action for the recovery of any claim thereunder would be sustainable in any court of law or equity unless commenced within 12 months after the inception of the loss. This was a valid limitation on the right of the plaintiff to sue, and the failure of the plaintiff to bring suit within the time specified was a bar to the action. *Springfield Fire &c. Co. v. Carter,*110 Ga. App. 382 (138 SE2d 590). The court did not err in directing a verdict for the defendant.

2. Assuming that the evidence offered by the plaintiff in justification of his failure to bring suit within 12 months after the loss would have been sufficient, if submitted to the jury, to have authorized a finding in his favor, this evidence was excluded by the court, and no valid assignment of error is made in the motion for a new trial on this ruling, nor is there any direct exception contained in the bill of exceptions assigning error thereon, and the argument contained in the brief of counsel for plaintiff in error regarding this ruling, therefore, presents no question for decision by this court.

*Judgment affirmed.*

*Bell, P. J., and Hall, J., concur.*
<PAGE>

[LETTERHEAD OF THE COCA-COLA COMPANY]
                                                                    Exhibit 10.5


                                 August 15, 2003



Mr. George David
Chairman
Coca-Cola Hellenic Bottling Company S.A.
Athens
Greece

Dear George:

         I am pleased to confirm that, pursuant to the recent business
discussions between Coca-Cola Hellenic Bottling Company S.A. and The Coca-Cola
Company, we intend to extend the term of each of the bottlers' agreements
granted to Coca-Cola Hellenic Bottling Company S.A. and its operating
subsidiaries.

         Giving effect to the extension, the term of each of the bottlers'
agreements would be ten years commencing January 1, 2004, with a right on the
part of the bottler to request renewal for a further ten years as provided in
the bottlers' agreement.

         I look forward to the continued success of Coca-Cola Hellenic Bottling
Company and to the continuation of the strong cooperative relationship between
The Coca-Cola Company and Coca-Cola Hellenic Company S.A.

         Warm personal regards.

                                    Sincerely,
                                /s/ Douglas N. Daft
##### 



Exhibit 99.2

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 McRae Industries, Inc.
(the Company) on Form 10-Q for the quarter ending February 1, 2003
as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Marvin G. Kiser, Sr., Vice President of
Finance 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 result of
operations of the Company.

|                                                                         | 
|------------------------------------------------------------------------ | 
|/s/ Marvin G. Kiser, Sr.

Marvin G. Kiser, Sr.
Vice President of Finance | 

March 17, 2003

31
EX-31 Rule 13a-14(d)/15d-14(d) Certifications.

 

 

I, Anthony Sfarra, certify that:

 

1. I have reviewed this report on Form 10-K and all reports onForm 10-D required to be filed in respect of the period covered by this reporton Form 10-K of the BANK 2020-BNK28 (the "Exchange Act periodicreports");

 

2. Based on my knowledge, the Exchange Act periodic reports, takenas a whole, do not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, all of the distribution, servicing andother information required to be provided under Form 10-D for the periodcovered by this report is included in the Exchange Act periodic reports;

 

4. Based on my knowledge and the servicer compliance statementsrequired in this report under Item 1123 of Regulation AB, and except as disclosedin the Exchange Act periodic reports, the servicers have fulfilled theirobligations under the servicing agreements in all material respects; and

 

5. All of the reports on assessment of compliance with servicingcriteria for asset-backed securities and their related attestation reports onassessment of compliance with servicing criteria for asset-backed securitiesrequired to be included in this report in accordance with Item 1122 ofRegulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as anexhibit to this report, except as otherwise disclosed in this report. Anymaterial instances of noncompliance described in such reports have beendisclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied oninformation provided to me by the following unaffiliated parties:

 

KeyBank National Association, as Special Servicer, WilmingtonTrust, National Association, as Trustee, Park Bridge Lender Services LLC, asOperating Advisor, CoreLogic Solutions, LLC, as Servicing Function Participant,Computershare Trust Company, National Association, as Servicing FunctionParticipant for the Certificate Administrator on and after November 1,2021, Computershare Trust Company, National Association, as Servicing FunctionParticipant for the Custodian on and after November 1, 2021, KeyBankNational Association, as Special Servicer for the 711 Fifth Avenue MortgageLoan, Wilmington Trust, National Association, as Trustee for the 711 FifthAvenue Mortgage Loan, Park Bridge Lender Services LLC, as Operating Advisor forthe 711 Fifth Avenue Mortgage Loan, CoreLogic Solutions, LLC, as ServicingFunction Participant for the 711 Fifth Avenue Mortgage Loan, and ComputershareTrust Company, National Association, as Servicing Function Participant for theCustodian for the 711 Fifth Avenue Mortgage Loan on and after November 1,2021.

 

 

Dated: March 15, 2022 

 

/s/ Anthony Sfarra

Anthony Sfarra

President

(seniorofficer in charge of securitization of the depositor)
EXHIBIT 10(ac)

                        UNION STATE BANK (THE "COMPANY")

             KEY EMPLOYEES' SUPPLEMENTAL DIVERSIFIED INVESTMENT PLAN

                                 AMENDMENT NO. 1

The Union State Bank Key Employees' Supplemental Diversified Investment Plan
("Plan") is hereby amended effective September 1, 2003 as follows:

1.   Article III, Section 3.2 is amended in its entirety to read as follows:

     "3.2 SALARY REDUCTION AGREEMENT. As a condition to the Company's obligation
          to make a Salary Reduction Contribution for the benefit of a
          Participant pursuant to Section 3.1, the Participant must execute a
          Salary Reduction Agreement in the form attached hereto. The Agreement
          for any Plan Year shall be made before the beginning of that Year and
          shall remain in full force and effect for subsequent Plan Years unless
          revoked by a Participant by written instrument delivered to the
          Company prior to the beginning of the Plan year in which such
          revocation is to be effective, except that in the first year of
          participation, a Participant may enter the Plan by executing a Salary
          Reduction Agreement within 30 days after first becoming eligible,
          which shall apply to compensation payable for services rendered after
          the Salary Reduction Agreement is delivered to the Company. The
          participant shall always be vested in Salary Reduction Contributions."

2.   Article IV is amended in its entirety to read as follows:

                           INVESTMENT OF CONTRIBUTIONS

          "If funded, amounts credited hereunder to the Deferred Compensation
          Account of a Participant shall be invested in funding vehicles
          selected by the Trustee or the Company. However, no investment in
          funding vehicles shall include an investment in any security issued by
          U.S.B. Holding Co., Inc. Each Participant's Account will be credited
          with amounts actually earned by such funding vehicles. If the Company
          elects not to fund amounts credited hereunder, each Participant's
          Account shall be credited with amounts determined by the Company."

3.   The second paragraph of Article V is amended to read as follows:

          "Distribution shall be made in cash, in kind, or a combination of
          both."
<PAGE>




         IN WITNESS WHEREOF, the Company has formally adopted Amendment No. 1 to
the Key Employees' Supplemental Diversified Investment Plan effective September
1, 2003.



                                              UNION STATE BANK



                                              By:    /s/  Thomas E. Hales
                                                     ---------------------------
                                                     Thomas E. Hales
                                                     Chairman of the
                                                     Board, President and C.E.O.



                                       2
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MARK TOMEI, as Personal Representative of the

Estate of MARIE TOMEI
, Appellant,

v.

THOMAS TOMEI
, Appellee

.

No s . 4D 19

- 921 and 4D19

- 2723

[ July 2, 2020 ]

Consolidated a ppeal s from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Jessica Ticktin , Judge; L.T. Case No. 50

- 2017

- CP

- 001627

- XXXX

- SB

.

James G. Pressly, Jr., of Pressly, Pressly, Randolph & Pressly, P.A., Palm Beach, for appellant.

Edward Downey and Robert A. Wight of Downey|McElroy, P.A., Palm Beach Gardens, for appellee.

P ER C URIAM

.

Affirmed.

C IKLIN
, C ONNER and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 10(AJ)

                              ASSIGNMENT OF PATENT

WHEREAS,  I, John Capezzuto, an individual, currently chief executive officer of
Quik  Pix, Inc., hereinafter referred to as patentee, did obtain a United States
Patent  for  an  improvement in Back-Lit Multi-Image Transparency, No. 5,782,026
filed  in  July  1999; and whereas, I am now the sole owner of said patent, and,

WHEREAS,  Quik  Pix,  Inc.,  a  Nevada  Corporation,  hereinafter referred to as
"assignee", whose mailing address is c/o Imaging Technologies Corporation, 17075
Via  Del Campo, San Diego, California 92127, is desirous of acquiring the entire
right,  title  and  interest  in  the  same;

NOW,  THEREFORE,  in consideration of the sums paid pursuant to the terms of the
Share  Acquisition  Agreement,  dated July 25, 2002, and effective as of January
14, 2003 by and between Quik Pix, Inc. and Imaging Technologies Corporation, and
other  good  and  valuable  consideration, I, the patentee, by these presents do
sell,  assign  and  transfer  unto  said  assignee  the  entire right, title and
interest in and to the said Patent aforesaid; the same to be held and enjoyed by
the  said assignee for his own use and behoof, and for his legal representatives
and  assigns,  to  the full end of the term for which said Patent is granted, as
fully  and  entirely  as the same would have been held by me had this assignment
and  sale  not  been  made.

Executed  this  14th  day  of  January  2003, at 17075 Via Del Campo, San Diego,
California  92127.

__________________________________
John  Capezzuto
#### Brown v. Brown

*John E. Costello,*for plaintiff.

June 21, 1955.

Carson, P. J.,

Plaintiff, Mary P. Brown, filed her complaint in divorce on February 11, 1955, against defendant, John Paul Brown. In the complaint, the last known address of defendant is given as “Washington Hotel, Sixth Street and Fgllowfield Avenue, in the Borough of Charleroi, Washington County, Pennsylvania”. On February 21, 1955, an affidavit was filed by Joseph Andrews, duly elected constable in and for Fallowfield Township, in which he deposes and says that he attempted to serve a copy of the complaint on defendant at the address'given in the complaint but “was unable to do the same and is unable to learn of the whereabouts of the said John Paul Brown”. On the same day the attorney for plaintiff filed a prsecipe for an order of publication and *525the prothonotary duly issued the order. On March 22, 1955, proofs of publication were filed by the sheriff of Washington County showing that notice of the divorce was duly published as required by law.

Under rule 1124(6) of the Pennsylvania Rules of Civil Procedure:

> “If service cannot be made under Subdivision (a) (1) or (a) (2) of this Rule and has not been made under Subdivision (a) (3) of this Rule, and the sheriff or constable has made a return or affidavit of ‘Not Found’, the plaintiff, without reinstatement of the complaint, shall have the right of service by publication.”

Rule 1013 provides:

> “(a) The sheriff shall make a return of service forthwith

> “(1) upon making service, or

> “ (2) if service has not been made and the writ has not been reissued or the complaint reinstated, then upon the expiration of the period allowed for service.”

Rule 1009(a) provides:

> “The writ, or the complaint if the action is commenced by complaint, shall be served by the sheriff within thirty (30) days after issuance or filing. . . .”

It is apparent that the constable’s return of “Not Found” was made prior to the expiration of the 30-day period, since the complaint was filed on February 11, 1955, and the return was made on February 21, 1955. Under such circumstances this court acquired no jurisdiction over defendant.

In the case of Herman v. Herman, 70 D. & C. 215, the complaint was filed on July 26, 1949, and the sheriff’s return of “Not Found” was made on August 10, 1949. The court there held that even though defendant had been served personally with notice of the master’s hearing, the complaint had not been properly served upon defendant and the court did not have jurisdiction.

*526It is clear, therefore, that defendant was not properly served in compliance with the Rules of Civil Procedure and consequently all proceedings thereafter are defective.

Wherefore, the following

*Order*

And now, June 21, 1955, all proceedings are hereby suspended until jurisdiction of defendant is properly obtained.
Exhibit 31.1

CERTIFICATION

I, Martha L. Long, certify that:

1.

I have reviewed this quarterly report on Form 10-QSB of Shelter Properties VI;

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 small business issuer as of, and for, the periods presented in this report;



4.

The small business issuer's other certifying officer(s) 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 small business issuer 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 small business issuer, 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 small business issuer'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; and



(c)

Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and



5.

The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):



(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and



(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.

Date: November 8, 2007

/s/Martha L. Long

Martha L. Long

Senior Vice President of Shelter Realty VI Corporation, equivalent of the chief executive officer of the Partnership
HomeOffice of the SpokespersonPress Releases…Niger National Day

# 											Niger National Day									

Press Statement

Antony J. Blinken, Secretary of State

December 18, 2023

On behalf of the United States of America and the American people, I congratulate the people of Niger as they celebrate Republic Day.

The United States of America stands with the Nigerien people in their aspirations for democracy, prosperity, and stability. We recognize the challenges Niger faces and hope to renew our partnership to reinforce democratic principles, promote inclusive economic growth, and bolster security.

Best wishes to the people of Niger as you commemorate Republic Day.

Tags

Bureau of African AffairsNigerOffice of the SpokespersonThe Secretary of State

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C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Ismael Aguilar Alarcon v. The State of Texas

Appellate case number: 01

- 14

- 00760

- CR

Trial court case number: 1225411

Trial court: 185th District Court

Appellant’s court

- appointed counsel filed a brief concluding that the above

referenced appeal is frivolous. See Anders v. California , 386 U.S . 738, 744, 87 S. Ct. 1396, 1400 (1967). Appellant, acting pro se, has filed a motion requesting access to a copy of the appellate record for use in preparing a response to appointed counsel’s brief. See Kelly v. State , 436 S.W.3d 313, 315, 318

– 20 (Tex. C rim. App. 2014).

We grant the motion and order the trial court clerk, no later than 10 days from the date of this order, to provide a copy of the record, including the clerk’s record, the reporter’s record, and any supplemental records, to the appellant. The trial court clerk shall further certify to this Court, within 15 days of the date of this order, the date upon which delivery of the record to the appellant is made. We note that the State has formerly filed a Waiver of Opportunity to Respond to Appell ant’s Anders brief. However, that waiver was filed in response to the previously stricken brief of appellant. The State will have until March 12, 2015 to respond to appellant’s brief filed in this court on February 12, 2015. Finally, appellant’s respons e, if any, to his appointed counsel’s brief shall be

filed on or before March 12, 2015 (30 days from the date counsel filed the brief).

It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle

 Acting individually  Acting for the Court

Date: February 13, 2015
|   | (i) | the quarterly report of the Company on Form 10-Q for the period ended October 2, 2010 , as filed with the Securities and Exchange Commission (the “Report”), fully complies with the requirements of Section 13(a) or 15(d), whichever is applicable, of the Securities Exchange Act of 1934, and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods indicated. |
|--------|------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  November 9, 2010 |   |   | /s/PHILLIP A. KAGEL                                 |
|------------------------------------|--------|--------|-----------------------------------------------------|
|                               |   |   | Phillip A. Kagel                                    |
|                               |   |   | Vice President, Finance and Chief Financial Officer |
|                               |   |   | (Principal Financial and Accounting Officer)        |
# A protester wears a mask with a message as she joins in a rally to mark International Human Rights Day in Manila, Philippines.

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A protester wears a mask with a message as she joins in a rally to mark International Human Rights Day in Manila, Philippines.