alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Henry V. Piaget, Plaintiff, *v.*Elwood Headley et al., Defendants.

(Supreme Court, New York Special Term,

November, 1900.)

Trademark — Injunction.

Where a plaintiff establishes no exclusive right, by license or otherwise, to put up self-registering banks in trunk-shaped cases, he cannot, upon allegations of unfair competition, enjoin others from putting up such banks in such cases.

*Qiuere,*whether there can be a proprietary right in the particular form of an article?

Action for an injunction.

Olifton Y. Edwards, for plaintiff.

Prayer, Smith, White & Seaman (Albridge 0. Smith, of counsel), for defendants.

Leventritt, J.

It is not apparent that the defendants have violated any rights of the plaintiff in putting up their registering banks in trunk-shaped cases.

Conceding the very doubtful proposition of law that the plaintiff could, in this particular instance, acquire such proprietary *205rights in the mere shape of the casting (Fischer v. Blank, 138 N. Y. 244; Browne Trademarks, 89b, 137; Moorman v. Hoge, 2 Sawy. 78; Harrington v. Libby, 12 Off. Gaz. 188; 26 Am. *&*Eng. Ency. of Law, 311, and cases cited) as would entitle him to an injunction restraining the alleged unfair competition, I fail to find in the testimony facts which justify the plaintiff’s exclusive appropriation of the design. The use of the trunk-shaped bank did not originate with the plaintiff,— his own testimony being that the public display of one of those trunks having attracted his attention, he was induced to acquire the agency for their sale. He seeks, by a series of agreements, to establish an exclusive ownership or right to the use of that design. It is conceded that, from 1888 to 1892, he was acting as the sole agent for the patentees and manufacturers, and it is, of course, obvious that, during that time, he could acquire no rights as against his principal. After the termination of the agency, the plaintiff conducted the business under a license. By its terms, this license was not exclusive. Under it, the plaintiff’s predecessors in interest were permitted, against a royalty, to manufacture the banks, the castings for which, however, still remained under the control of the original owners. The alleged parol agreement, on the part of the defendant Headley, not to engage further in the manufacture of the registering trunk-shaped bank, is not, to my mind, borne out either by a preponderance of direct testimony or by the probabilities of the case, and without such an agreement the plaintiff necessarily fails on the mere contractual elements of his case. It appears, further, that other trunk-shaped banks have been manufactured concurrently with those made by the plaintiff. That those were not self-registering is not material, in view of the fact that the plaintiff concedes that the right to the *mechanism*still remains in the patentees or their assignees, and that his sole claim rests in the *inclosure*of this mechanism in a case of particular shape.

The complaint should be dismissed on the merits, without costs.

Complaint dismissed, without costs.
##### 



Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Thomas P. Raimondi, Jr., Chief Executive Officer of MTI Technology
Corporation (the registrant), certify that:  1.
    
    I have reviewed this Amendment No. 2 to the Annual Report on Form 10-K
for the period ended April 3, 2004, of the registrant;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(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 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) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]; c) 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; and d) disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the
case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over
financial reporting; and  5.
    
    The registrants other certifying officer(s) 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 control over financial reporting which are
reasonably likely to adversely affect the registrant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 registrants internal
controls over financial reporting. Date: July 30, 2004
    By:
    /s/ THOMAS P. RAIMONDI, JR.Thomas P. Raimondi, Jr.Chief Executive Officer
EXHIBIT 32.2


                CERTIFICATION BY THE PRINCIPAL FINANCIAL OFFICER
          REQUIRED BY RULE 13A-14(B) UNDER THE SECURITIES EXCHANGE ACT
                       OF 1934 AND 18 U.S.C SECTION 1350



         I, Eric Bello, Chief Financial Officer of Quipp, Inc., a Florida
corporation (the "Company"), hereby certify that, based on my knowledge:


         (1)      The Company's quarterly report on Form 10-Q for the period
                  ended September 30, 2006 (the "Report") fully complies with
                  the requirements of Section 13(a) of the Securities Exchange
                  Act of 1934, as amended; and

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






/s/ ERIC BELLO
---------------------------
Eric Bello
Chief Financial Officer

Date:    November 14, 2006
**Exhibit99.2**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report ofAldila, Inc. on Form 10-K for the year ended December 31, 2002 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), eachof the undersigned officers of Aldila, Inc. hereby certify, pursuant to 18U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of2002, that:

 

(1) The Report fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of Aldila, Inc.

 

 
| /s/ Peter R. Mathewson  |   |
|-------------------------|--------|
| Peter R. Mathewson      |
| Chief Executive Officer |
|                    |
|                    |
| /s/ Robert J. Cierzan   |   |
| Robert J. Cierzan       |
| Chief Financial Officer |

 

A signed original of this written statementrequired by Section 906 has been provided to Aldila, Inc. and will be retainedby Aldila, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

March 24, 2003

 

----
[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Page 53492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25019]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13301-002-WY]


Town of Afton, Notice of Availability of Environmental Assessment

October 9, 2009.
    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part 
380 (Order No. 486, 52 FR 47,897), the Office of Energy Projects has 
reviewed the application for a minor license for the Culinary Water 
System Hydroelectric Project, and has prepared an Environmental 
Assessment (EA). The proposed project would be built on the Culinary 
Water Supply System, in the Town of Afton, Lincoln County, Wyoming. The 
project would occupy approximately 8 acres of U.S. Forest Service land 
in the Bridger-Teton National Forest.
    The EA contains the staff's analysis of the potential environmental 
impacts of the project and concludes that licensing the project would 
not constitute a major Federal action that would significantly affect 
the quality of the human environment.
    A copy of the EA is available for review at the Commission in the 
Public Reference Room or may be viewed on the Commission's Web site at 
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket 
number excluding the last three digits in the docket number field to 
access the document. For assistance, contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#63252631202c0d0f0a0d06301613130c111723050611004d040c15"><span class="__cf_email__" data-cfemail="f1b7b4a3b2be9f9d989f94a28481819e8385b197948392df969e87">[email protected]</span></a> or toll-free at (866) 208-3676, or for TTY, 
(202) 502-8659.
    You may also register online at http://www.ferc.gov/esubscribenow.htm to be notified via e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#54121106171b3a383d3a31072124243b262014323126377a333b22"><span class="__cf_email__" data-cfemail="8acccfd8c9c5e4e6e3e4efd9fffafae5f8fecaeceff8e9a4ede5fc">[email protected]</span></a> or toll-free 
at 1-866-208-3676, or for TTY, (202) 502-8659.
    Please contact Ryan Hansen by telephone at (202) 502-8074 or by e-
mail at <a href="/cdn-cgi/l/email-protection#6f1d160e0141070e011c0a012f090a1d0c41080019"><span class="__cf_email__" data-cfemail="116368707f3f79707f62747f51777463723f767e67">[email protected]</span></a> if you have any questions.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25019 Filed 10-16-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 10.1


                                                    Financial Services Inc.
                                                    222 North LaSalle Street
                                                    17th Floor
                                                    Chicago, IL 60601
[LOGO MERRILL LYNCH]                                (312) 499-3067
                                                    FAX (312) 499-3256

                                                    Kimberly D. Lee
                                                    Assistant Vice President


                                                    June 7, 2001


Mr. George Fischer
Controller
Sel-Leb Marketing, Inc.
495 River Street
Paterson, NJ 07524

RE: WORKING CAPITAL MANAGEMENT ACCOUNT ("WCMA") NO. 885-07E38

Dear Mr. Fischer,

This letter is to confirm the  extension  through June 30, 2001 of the WCMA Line
of  Credit  Account  and the  temporary  increase  on that  Line of  Credit.  In
addition,  MLPFS will extend the due date for the 03/31/01  quarterly  financial
statements through June 20, 2001.

This letter (i) does not in any manner  constitute  any waiver of either (a) any
of our rights,  remedies or powers  pursuant to the Loan Agreements or any other
agreement, document or instrument or applicable law, or (b) any default or Event
of  Default  (howsoever  defined,  with  the  exception  of  the  waiver  of the
Identified  Default as described herein) under the Loan Agreements;  and (ii) is
not to be construed  as an agreement by us to waive future or other  defaults or
to allow any cure periods at a later date not  specifically  provided for in the
Loan Agreements or any other applicable agreement, document or instrument.

The  effectiveness  of this letter is hereby  conditioned upon MLPFS' receipt of
the written acknowledgment of the same by an authorized signator below.

Please let me know if you have any questions.

Sincerely,

/s/ Kimberly D. Lee
-------------------------
Kimberly D. Lee
Assistant Vice President


Accepted: /s/ Jack K. Koegel         Date:   06/08/01
         ------------------------         --------------
         Sel-Leb Marketing, Inc.

         Jack K. Koegel
         Vice President of the Board
         and Chief Operating Officer
<PAGE>

                                                                   EXHIBIT 10(o)

CEO Challenge Bonus

A CEO Challenge Bonus program was established for the calendar years 2000 and
2001. The goals of the CEO Challenge Bonus program are to support the Company's
need to retain key executives and provide additional incentives to improve the
financial performance of the Company. Executive officers are eligible to
participate in the CEO Challenge Bonus. The CEO Challenge bonus provides an
annual opportunity equal to one-half of each executive's annual bonus target
amount payable over a period of four quarters if performance targets are met.
For 2000, the CEO Challenge Bonus was based on quarterly EPS targets. The EPS
target for the first quarter was achieved and bonus amounts were paid
accordingly. For the remaining quarters of 2000, EPS targets were not achieved
and bonus opportunities were forfeited. For 2001, the CEO Challenge bonus will
also be based on quarterly EPS targets.
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

In
connection with the Annual Report of Thomas Group, Inc. (the "Company") on Form 10-K for the period ending December 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael J. Barhydt, Chief Financial Officer, Vice President, Treasurer and Secretary of the Company, certify that:



/s/ MICHAEL J. BARHYDT
Michael J. Barhydt Chief Financial Officer, Vice President,
Treasurer, and Secretary

March 28,
2008

---



QuickLinks
**SETTLEMENT AGREEMENT**

 

This Settlement Agreement, dated November 28, 2006 (for identification purposes), is reached by and among Secured Investment Resources Fund, L.P., a Kansas limited partnership (“SIR1”), Secured Investment Resources Fund, L.P. II, a Delaware limited partnership (“SIR2,” and together with SIR1, “Plaintiffs”), James R. Hoyt (“Hoyt”), SPECS, Inc., a Kansas corporation (“SPECS”), and Antique Sampler Shoppes, Inc. (a.k.a. DGUYDJ, Inc.), a Kansas corporation (“Antique,” and together with SPECS and Hoyt, “Defendants”).

 

WHEREAS, Plaintiffs and Defendants are parties to that certain civil action pending in the District Court of Johnson County, Kansas (the “Court”), Case No. 05CV08810****(the “Lawsuit”); 

 

WHEREAS, in the Lawsuit, Plaintiffs assert claims against Defendants arising out of or concerning the Promissory Note defined below, and claims for amounts alleged to be due to Plaintiffs from insurance refunds paid to Defendants; 

 

WHEREAS, in the Lawsuit, Defendants assert counterclaims against Plaintiffs for amounts alleged to be due to Defendants for services provided to Plaintiffs; and 

 

WHEREAS, the parties to this Settlement Agreement desire to amicably settle the claims asserted against each other in the Lawsuit; 

 

NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties agree as follows:  

 

**ARTICLE 1**

**DEFINITIONS**

 

Section 1.01Definitions. As used in this Agreement the following terms shall have the following meanings, unless the context indicates otherwise: 

 

a. “Agreement” refers to this Settlement Agreement.

 

b. “Affiliate” of any subject Person means any Person, that, on the date hereof (unless another date or period is specifically referenced), directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with such subject Person. For purposes of this definition, the term “controls,” “is controlled by,” or “is under common control with” shall mean the direct or indirect possession of the power to direct or cause the direction of the management policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

 

c. “Antique” is defined in the introductory paragraph of this Agreement. 

 

|   | d. “Court” is defined in the first whereas clause of this Agreement. |
|--------|--------------------------------------------------------------------------------|

 

|   | 1 |
|--------|---|

 

----
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 1 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 2 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 3 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 4 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 5 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 6 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 7 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 8 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 9 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 10 of 11
Case:17-03283-LTS Doc#:22621-9 Filed:10/17/22 Entered:10/17/22 15:41:12 Desc:

Exhibit 9 part 1 - Second Amended POC Page 11 of 11
§ 34.81 Definitions. *Debts previously contracted (DPC) real estate* means real estate (including leases) acquired by a national bank or Federal savings association through any means in full or partial satisfaction of a debt previously contracted.
*Former banking premises* means real estate permissible under § 7.1000(a)(1) of this chapter that is no longer used or contemplated to be used for the purposes permitted under that section.
*Market value* means the value determined in accordance with subpart C of this part.
*Other real estate owned (OREO)* means: ( 1 ) DPC real estate; and
( 2 ) Former banking premises.
*Recorded investment amount* means: ( 1 ) For loans, the recorded loan balance, as determined by generally accepted accounting principles; and
( 2 ) For former banking premises, the net book value.
[61 FR 11301, Mar. 20, 1996, as amended at 79 FR 11313, Feb. 28, 2014; 84 FR 56374, Oct. 22, 2019]
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

May 28, 2014

Dear Tribal Leader:

On May 22, 2014, the U.S. Environmental Protection Agency (EPA) finalized two actions concerning

the permitting of true minor oil and natural gas sources in Indian country under the Indian Country

Minor New Source Review (NSR) rule issued in July 2011. The purpose of this letter is to invite you to

consult, should you believe that your tribe could be affected by these permits.

The first action we finalized on May 22, 2014 is an extension to the deadline for true minor oil and

natural gas sources to obtain minor NSR permits. The new deadline will be March 2, 2016.

In the second action, we made available an Advance Notice of Pro posed Rulemaking (ANPR) to seek

feedback on several possible approaches for permitting the true minor oil and natural gas sources subject

to the extension through either a general permit, a permit by rule or a federal implementation plan (FIP).

In our pro posal to extend the permitting deadline, we indicated that we were considering a general

permit for minor sources in the oil and natural gas industry in Indian country. We are now considering

other options and are seeking tribal and stakeholder input. We a re going to take comment on the notice

for 45 days after the notice is published in the Federal Register. We anticipate issuing a proposal in the

spring of 2015, and a final rule no later than March 2016.

We will be available to discuss these two actions informally; however, if you prefer to initiate

government

- to

- government consultation with the EPA on this rule, please contact Toni Colón

at (919) 541

- 0069, email: colon.toni@epa.gov . Please contact us by June 27 , 2014 in order to request

consultation.

We request your input to assure that we develop the best rule possible following the ANPR. We

endeavor to conduct our efforts with sensitivity to the needs and culture of your tribe and with attention

to the potent ial impact of our actions. We look forward to hearing from you.

Sincerely,

/s/

Gregory Green

Director

Outreach and Information Division

cc: Tribal Environmental Director

Tribal Environmental Staff OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
§ 651.23 Implementation of policy. ( a ) The Corporation shall disclose any unresolved material conflicts of interest involving its directors, officers, and employees to: ( 1 ) Shareholders through annual reports and proxy statements; and
( 2 ) Investors and potential investors through disclosure documents supplied to them.
( b ) The Corporation shall make available to any shareholder, investor, or potential investor, upon request, a copy of its policy on conflicts of interest. The Corporation may charge a nominal fee to cover the costs of reproduction and handling.
( c ) The Corporation shall maintain all reports of all potential conflicts of interest and documentation of materiality determinations and resolutions of conflicts of interest for a period of 6 years.