alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Markert v. College Offset Press, Inc.

*Charles F. G. Smith,*for plaintiff.

*Miles W. Kirkpatrick*and *Morgan, Lewis & Bockius,*for defendants.

November 23, 1955.

Flood, J.,

Plaintiff sets forth that she sold to the defendants on July 18, 1953, cer*520tain equipment for the sum of $35,000, payable in installments; that there is presently an unpaid balance of $8,250; that the defendants are about to resell this equipment for $25,000; that it is a substantial amount of defendants’ printing equipment and that this sale will deprive the plaintiff of the only tangible security available to it for the payment of this unpaid balance.

. The preliminary injunction must be refused since no cause of action seems to us to1 be alleged hereunder the bulk sales provisions of the Commercial Code or the Fraudulent Conveyancing Act. The bulk sales article of the code in section 6-102(3) provides that “the enterprises subject to this Article are all those whose principal business is the sale of merchandise from stock, including those who manufacture what they sell.”

Since the averment of the complaint is that defendants operated a printing business, they would hardly seem to come within this provision. Certainly this bare averment without an additional averment that the defendants’ principal business is the sale of merchandise from stock is insufficient to warrant the granting of an injunction under the bulk sales article of the code.

The cases cited by the plaintiff have no bearing on this since there was no provision in the Bulk Sales Act similar to section 6-102(3) of the code, quoted above.

Likewise, no facts have been alleged which would bring this sale within the Fraudulent Conveyances Act. The sale for $25,000 of property bought for $35,000 two years earlier does not seem sufficient to warrant the drastic remedy of preliminary injunction, particularly when the indebtedness to plaintiff has been reduced to $8,250.

The petition is denied.
# Official Journal C 303A/14 S

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 303A |
| | |
| English edition | Information and Notices | Volume 6314 September 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 303A

English edition

Information and Notices

Volume 6314 September 2020

---

| Contents | page |
| --- | --- |
| | Corrigenda |
| 2020/C 303 A/01 | Corrigendum to Vacancy notice No COR/AD 14/20 BIS/20 — Director (M/F) ( OJ C 286 A, 31.8.2020 ) | 1 |

Contents

page

Corrigenda

2020/C 303 A/01

Corrigendum to Vacancy notice No COR/AD 14/20 BIS/20 — Director (M/F) ( OJ C 286 A, 31.8.2020 )

( OJ C 286 A, 31.8.2020 )

1

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| EN | |
| --- | --- |

EN
**Exhibit 32-1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report ofThe Navigators Group, Inc. (the “Company”) on Form 10-Q for theperiod ending September 30, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Stanley A. Galanski, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)            TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)            Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/ Stanley  A. Galanski              |   |
|---------------------------------------|--------|
| Stanley A. Galanski                   |
| President and Chief Executive Officer |
| November 1, 2006                 |

 

A signedoriginal of this written statement required by Section 906 has beenprovided to The Navigators Group, Inc. and will be retained by The NavigatorsGroup, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

1

----
Editorial Note on Part 36
Editorial Note: Nomenclature changes to part 36 appear at 61 FR 7217, Feb. 27, 1996, and 86 FR 51275, Sept. 15, 2021.

§ 36.4227 Advertising and Solicitation Requirements. Any advertisement or solicitation in any form (e.g., written, electronic, oral) from a private lender concerning manufactured housing loans to be guaranteed or insured by the Secretary: ( a ) Must not include information falsely stating or implying that it was issued by or at the direction of VA or any other department or agency of the United States, and
( b ) Must not include information falsely stating or implying that the lender has an exclusive right to make loans guaranteed or insured by VA.
(Authority: 38 U.S.C. 3703, 3704)
[67 FR 9402, Mar. 1, 2002]
Editorial Note on Part 3
Editorial Note: Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

§ 3.14 Validity of enlistments. Service is valid unless the enlistment is voided by the service department. ( a ) *Enlistment not prohibited by statute.* Where an enlistment is voided by the service department for reasons other than those stated in paragraph (b) of this section, service is valid from the date of entry upon active duty to the date of voidance by the service department. Benefits may not be paid, however, unless the discharge is held to have been under conditions other than dishonorable. Generally discharge for concealment of a physical or mental defect except incompetency or insanity which would have prevented enlistment will be held to be under dishonorable conditions.
( b ) *Statutory prohibition.* Where an enlistment is voided by the service department because the person did not have legal capacity to contract for a reason other than minority (as in the case of an insane person) or because the enlistment was prohibited by statute (a deserter or person convicted of a felony), benefits may not be paid based on that service even though a disability was incurred during such service. An undesirable discharge by reason of the fraudulent enlistment voids the enlistment from the beginning.
( c ) *Misrepresentation of age.* Active service which was terminated because of concealment of minority or misrepresentation of age is honorable if the veteran was released from service under conditions other than dishonorable. Service is valid from the date of entry upon active duty to the date of discharge.
( d ) *Honorable discharges.* Determinations as to honorable service will be made by the service departments and the finding shall be binding on the Department of Veterans Affairs, but, in the case of an alien, the effect of the discharge will be governed by § 3.7(b).
[26 FR 1567, Feb. 24, 1961, as amended at 27 FR 4024, Apr. 27, 1962]
#### The Frankel Brothers Co., Appellant, *v.*George Smith, Respondent.

Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan.

John Bogart, for appellant.

No appearance for respondent.

*Per Ouricm.*

The rulings of the trial justice in excluding the evidence of the plaintiff’s witnesses Frankel, because their title to the offices held by them in the plaintiff corporation had not been established to the satisfaction of ..the court, was clearly erroneous. They were acting for the plaintiff corporation, and the competency of their evidence is beyond question. Nor could its force be impaired by disputing the validity of their title to the offices held by them. Indeed, in view of the character of the litigation, it was entirely immaterial whether they were officers of the corporation or not, or if officers, whether they held by proper title. Abb. Tr. Ev. (2d ed.) 50.

Present: Beekman, P. J., Giegerioh and 0’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.
# Official Journal C 330A/7 Oc

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 330A |
| | |
| English edition | Information and Notices | Volume 587 October 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 330A

English edition

Information and Notices

Volume 587 October 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2015/C 330A/01 | Notice of cancellation | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2015/C 330A/01

Notice of cancellation

1

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| EN | |
| --- | --- |

EN

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V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 7.10.2015 | EN | Official Journal of the European Union | CA 330/1 |
| --- | --- | --- | --- |

7.10.2015

EN

Official Journal of the European Union

CA 330/1

---

NOTICE OF CANCELLATION

(2015/C 330 A/01)

The publication in Official Journal of the European Union
   (1) of open competition EPSO/AD/321/15 — Administrators in the field of audit (AD 5/AD 7) is cancelled.

---

(1)  OJ C 316 A, 24.9.2015, p. 1.

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**EXHIBIT 31.1****CERTIFICATION**     I, Paul A. Kruger, certify that:1. I have reviewed this quarterly report on Form 10-QSB of Dirt Motor Sports, Inc. 2. Based on my knowledge, this annual report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial information included inthis annual report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisannual report; 4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and15d-14) for the registrant and have:a) designed such disclosure controls and procedures to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this annual report is being prepared;b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresas of a date within 90 days prior to the filing date of this annual report (the“Evaluation Date”); andc) presented in this annual report our conclusions about the effectiveness of thedisclosure controls and procedures based on our evaluation as of the Evaluation Date;5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):a) all significant deficiencies in the design or operation of internal controls whichcould adversely affect the registrant’s ability to record, process, summarize andreport financial data and have identified for the registrant’s auditors any materialweaknesses in internal controls; andb) any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal controls; and6. The registrant’s other certifying officers and I have indicated in this quarterly reportwhether or not there were significant changes in internal controls or in other factors thatcould significantly affect internal controls subsequent to the date of our most recentevaluation, including any corrective actions with regard to significant deficiencies andmaterial weaknesses.        Date: August 15, 2005 /s/ Paul A. Kruger   Paul A. Kruger,   Chairman of the Board
§ 17.3100 Purpose and scope. ( a ) *Purpose.* The purpose of §§ 17.3100 through 17.3130 is to implement the Home Improvements and Structural Alterations (HISA) program. The purpose of the HISA benefits program is to provide eligible beneficiaries monetary benefits for improvements and structural alterations to their homes when such improvements and structural alterations: ( 1 ) Are necessary for the continuation of the provision of home health treatment of the beneficiary's disability; or
( 2 ) Provide the beneficiary with access to the home or to essential lavatory and sanitary facilities.
( b ) *Scope.* 38 CFR 17.3100 through 17.3130 apply only to the administration of the HISA benefits program, unless specifically provided otherwise.
(Authority: 38 U.S.C. 501, 1717(a)(2))
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

November 29, 2005 Clifford W. Taylor,

 Chief Justice 

129494 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 129494 

 COA: 263122 

St. Clair CC: 04-000874-FC 

BRIAN WAYNE STOCKS, SR.,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 12, 2005 

order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

consideration, as on leave granted, of defendant’s challenge to the scoring of offense 

variable 1, MCL 777.31. 

p1121 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 29, 2005 

Clerk
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 Candela Corporation (the "Company") on Form 10-Q for the period ended March 29, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gerard E. Puorro, 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:



|Date: May 8, 2008 |  | /s/GERARD E. PUORROGerard E. Puorro
President and Chief Executive Officer
|----------------- |  | -------------------------------------------------------------------------

---



QuickLinks
#### Leatherbury v. White

*M. J. Winokur,*for plaintiffs.

*Detweiler & Ambler,*for defendants.

April 6, 1956.

Oliver, P. J.,

This case is before us on plaintiffs’ petition to amend their complaint in trespass. We have decided to deny plaintiffs’ prayer.

*626Defendant, General Auto Rental Company, opposes the petition on the ground that the proposed amended complaint states a new cause of action which is barred by the statute of limitations.

■ On April 20, 1954, plaintiffs filed a complaint in trespass alleging, in effect, that as passengers in an automobile driven by defendant, Louis White, they suffered injuries because of the negligent operation of that automobile. In addition, the complaint stated that defendant, Louis White, was the agent, servant and employe of the other defendant, General Auto Rental Company, acting within the scope of his authority and in furtherance of the business of the General Auto Rental Company.

On May 5, 1954, defendant, General Auto Rental Company, filed an answer denying any relationship between it and defendant, Louis White, that would make it vicariously liable for the negligence of the driver of the automobile.

On February 1, 1956, more than two years after the date of the accident, plaintiffs obtained a rule to show cause why they should not be permitted to amend their complaint.

The proposed amended complaint asserts in effect that defendant, General Auto Rental Company, is liable for plaintiffs’ injuries because it knowingly and negligently permitted a nonlicensed driver to operate one of its vehicles. The allegation that Louis White was the agent, servant and employe of General Auto Rental Company is omitted.

Clearly, the amended complaint states a new cause of action and does not merely amplify the original cause of action. It is obvious from a reading of both that the original complaint was based upon a theory of vicarious negligence, and the amended complaint is based upon a theory of direct negligence. Since the statute of limitations has run, plaintiffs will not be *627permitted to amend their complaint and thereby assert a new cause of action.

. . It is elementary that after the Statute of Limitations has run a plaintiff cannot amend his statement by introducing a new cause of action: Mays v. United Natural Gas Co., 268 Pa. 325”: Shenandoah Borough v. Philadelphia, 367 Pa. 180, 192.

*Order*

And now, to wit, April 6, 1956, rule discharged; plaintiffs’ petition to amend complaint in trespass denied.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

RE: ESTATE OF IRENE OLICK 

BUNGARDY, DECEASED

PETITION OF: THOMAS W. OLICK

:

:

:

:

:

No. 10 MM 2019

ORDER

PER CURIAM

AND NOW, this 21st day of March, 2019, the “Motion to Reinstate Case,” treated 

as a Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc, is DENIED.
§ 21.4275 Practical training courses; measurement. ( a ) *Medical and dental residencies and osteopathic internships and residencies.* VA will measure medical and dental residencies, and osteopathic internships and residencies as provided in § 21.4270(c) of this part if they are accredited and approved in accordance with § 21.4265(a) of this part. (Authority: 38 U.S.C. 3688(b); Pub. L. 99-576)
( b ) *Nursing courses.* ( 1 ) Courses for the objective of registered nurse or registered professional nurse will be measured on the basis of credit hours or clock hours of attendance, whichever is appropriate. The clock hours of attendance may include academic class time, clinical training, and supervised study periods.
( 2 ) Courses offered by schools which lead to the objective of practical nurse, practical trained nurse, or licensed practical nurse will be measured on credit hours or clock hours of attendance per week whichever is appropriate.
( c ) *Medical and dental specialty courses.* ( 1 ) Medical and dental specialty courses offered by a school whether accredited or nonaccredited, shall be measured on the basis of credit hours or clock hours of attendance, whichever is appropriate.
( 2 ) Medical and dental specialty courses offered in hospitals, clinics, laboratories or medical centers which are accredited by a nationally recognized accrediting agency shall be measured on the basis of clock hours of attendance per week.
( d ) *Medical and dental assistants courses for the Department of Veterans Affairs.* Programs approved in accordance with the provisions of § 21.4265(d) will be measured on a clock-hour basis as appropriate in accordance with § 21.4270, however, the program will be regarded as full-time instructional training: *Provided,* The combined total of the classroom and other formal instruction portion of the program and on-job-training portion of the program requires 30 or more clock hours of attendance per week.
( e ) *Professional training courses.* Nonmedically related professional training courses, such as the clinical pastoral course, shall be measured in semester hours of attendance or clock hours of attendance per week, whichever is appropriate.
( f ) *Other practical training courses.* These courses will be measured in semester hours of credit or clock hours of attendance per week, whichever is appropriate, if approved under § 21.4265(f). (See § 21.4265 for approval.)
[41 FR 26684, June 29, 1976, as amended at 43 FR 25429, June 13, 1978; 49 FR 39545, Oct. 9, 1984; 54 FR 33894, Aug. 17, 1989]
SQUIRE:: 

PATTON BOGGS 

Squire Patton Boggs (US) LLP 

1200 19th Street, NW 

Suite 300 

Washington, D.C. 20036 

ch a rles. d o n IevCcil sa u i rea b. com 

+1.202.626.6840 

October 22, 2014 

VIA EMAIL 

Mr. Robert Finamore 

Chief, Foreign Air Carrier Licensing Division 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re: Polynesian Limited—Request for Thirty-Day Extension of Cabotage Operations, Docket 

DOT-OST-2014-0144 

Dear Mr. Finamore: 

In accordance with the Department of Transportation's Notice of Action Taken issued 

August 28, 2014, in the captioned docket, I am writing on behalf of Polynesian Limited 

("Polynesian") to request approval of an additional thirty days of cabotage operations between 

Pago Pago and the Manu'a Islands, American Samoa. Polynesian requests approval of 

cabotage operations through November 30, 2014. 

The circumstances described in Polynesian's initial application have not changed. 

Polynesian's application continues to meet the requirements of 49 USC 40109(g) for grant of 

an emergency cabotage exemption. The Pago Pago-Manu'a Islands route remains without 

U.S. carrier service. Polynesian is the only air carrier able to provide much needed 

transportation between the two points and thus prevent severe hardship to American Samoa 

residents. Indeed, in addition to operating regular service Polynesian has been called upon to 

provide medical evacuation during the past thirty days. There is a clear need for continued 

service for an additional thirty days. 

Please contact the undersigned with any questions. 
Mr. Robert Finamore 

October 22, 2014 

Page 2 

Very truly yours, 

all," . !~ 

Charles F. Donley II ~ 

cc: Office of the Governor 

Executive Office Building, Third Floor, Utulei 

Pago Pago, American Samoa 96799 

Fax: 011 684-633-2269 

jhi ~cooley.com ; perkmann(cD-cooley.com ; bberlin(cD-cooley.com 

alex.sene.jr(W-gmail.com 

steve.morrisseyCaD-united.com ; dan.weissCaD-united.com 

pdoell _naca.cc
#### § 62.72 Recordkeeping.

Grantees must ensure that records are maintained for at least a 3-year period to document compliance with this part. Grantees must produce such records at VA's request.

(Authority: 38 U.S.C. 501, 2044)
# Official Journal C 397/31 O

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 397 |
| | |
| English edition | Information and Notices | Volume 6131 October 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 397

English edition

Information and Notices

Volume 6131 October 2018

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2018/C 397/01 | Revised Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2018/C 397/01

Revised Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment

1

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| EN | |
| --- | --- |

EN