alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                     EXHIBIT 4.1

                                AMERICA ONLINE
                              LATIN AMERICA, INC.
             Incorporated Under The Laws Of The State Of Delaware

COMMON STOCK
CUSIP 023658 100


This is to CERTIFY ____________________________________________________________

_______________________________________________________________________________

is the OWNER of _______________________________________________________________

_______________________________________________________________________________


   FULLY PAID AND NON-ASSESSABLE SHARES OF THE PAR VALUE OF $0.01 PER SHARE
                        OF THE CLASS A COMMON STOCK OF

America Online Latin America, Inc. transferable only on the books of the
Corporation by the holder hereof in person or by Attorney upon surrender of
this Certificate properly endorsed. This Certificate is not valid unless
countersigned by the Transfer Agent and registered by the Registrar.

In Witness Whereof, the said Corporation has caused this Certificate to be
signed by us duly authorized officers and the Corporate Seal to be hereunto
affixed.
                                                                          [SEAL]
EQUISERVE TRUST COMPANY



                  Charles M. Herington                 Javier Aguirre
          President and Chief Executive Officer       Assistant Secretary


                     C E R T I F I C A T E   of   S T O C K
#### LOWRY *v.*BUTTON.

Hiring out a minor, by one in whose employ he is.

Where a minor is living with an adult under his control, and a third person hires his service fiom the employer, the minor is prima facie the servant of the adult, and the person hiring the service cannot call upon the person from whom he hired to show his right to the service in the first instance, the contract admits that.

Error to the Court .of Common Pleas. The writ below was assumpsit upon the special promise of the defendant, for the hire of a boy then living with the plaintiff, under his control, though he was neither his parent nor guardian. The court below instructed the jury that the plaintiff was not entitled to recover, unléss he could show a legal right to the services of the boy, and that the mere fact of his residing with him under his control, did not, with the contract of hire, constitute a right to recover. Judgment was for the defendant, and to reverse it for the error in the charge of the court, this writ is brought.

By the Court.

The boy was living with the plaintiff, and under his control; he was prima facie his servant. As such,_ he had a right to hire him out. The person contracting with the employer, and receiving the benefits, cannot call upon the person with whom he made his contract tó show the right. The court erred, and the judgment must be reversed with costs, and remanded for further proceedings.
#### N. S. Crawford, *Plaintiff in Error,*v. The State of Florida, *Defendant in Error.*

Opinion Filed May 23, 1923.

1. To establish guilt upon a charge of embezzlement 'of property of the value of fifty dollars or more, proof beyond a reasonable doubt that the property stolen was of the value of fifty dollars or m'oré and that it was fraudulently converted by the accused, is necessary.

2. Where the offense charged in a criminal prosecution is not in substance proved, the judgment should on writ of error be reversed.

A Writ of Error to the Criminal Court of Record for Duval County; James M. Peeler, Judge.

Reversed.

*Ion L. Farris*and *L. E. Wade,*for Plaintiff in Error;

*Rivers Buford,*Attorney General, and *Marvin C. McIntosh,*Assistant, for the State.

*499West, J.

Upon an indictment for embezzlement-of one hog' of the value of Fifty Dollars ($50) there was a trial resulting in a verdict of guilty as charged. The accused thereupon was adjudged guilty by the court. To review this judgment writ of error was taken from this court.

One question only is presented, namely, the sufficiency of the evidence to support the verdict. This question was presented by motion for new trial, which was denied, and this ruling is assigned as error.

The contention is that the value of the hog was not proved. In the absence of proof of material elements of the crime charged, a judgment of conviction should be reversed. Carnley v. State, 82 Fla. 282, 89 South. Rep. 808; Rast v. State, 79 Fla. 772, 84 South. Rep. 683; Sykes v. State, 78 Fla. 167, 82 South. Rep. 778; Franklin v. State, 66 Fla. 213, 63 South. Rep. 418; Cloud v. State, 64 Fla. 237, 60 South. Rep. 180. Because of the inconclusive nature of the proof, both as to value and fraudulent conversion of the property alleged to have been taken, the judgment in this case will be reversed for a new trial.

Reversed.

Taylor, C. J., and Whitfield, Ellis, Browne and Terrell, JJ., concur. , '
EXHIBIT A

PARTY APPEARANCE SHEET

Name of Party

ATTORNEY 1 Appearance Method In Person in NY

Name Donald S. Bernstein

Law Firm DAVIS POLK & WARDWELL LLP 

Email donald.bernstein@davispolk.com

Phone Number (212) 450-4000

Docket Entry No. of 

Notice of Appearance

22566

ATTORNEY 2 Appearance Method In Person in NY

Name Benjamin S. Kaminetzky 

Law Firm DAVIS POLK & WARDWELL LLP 

Email ben.kaminetzky@daivspolk.com

Phone Number (212) 450-4000

Docket Entry No. of 

Notice of Appearance

22566/22575(pro hac vice)

Case:17-03283-LTS Doc#:23013-1 Filed:12/07/22 Entered:12/07/22 11:57:10 Desc:

Exhibit Exhibits Page 1 of 3
EXHIBIT B

PARTY WITNESS

COVER SHEET

Name of Party Bonistas del Patio, Inc.

Does the Party intend to offer a witness? Yes.

1

Total Number of Witnesses 2

Witness Name Expert or Fact 

Witness

Is interpreter 

required? 

(Proponent of 

witness must 

provide 

certified 

interpreter)*

Scope of Testimony

Brian M. Resnick

(by declaration filed 

at Dkt. No. 22578-2)

Fact Witness No. The substantial contributions of 

Bonistas del Patio, Inc.

Donald S. Bernstein 

(available if 

necessary)

Fact Witness No. The substantial contributions of 

Bonistas del Patio, Inc.

1 Mr. Resnick’s direct testimony will be offered through his declaration filed at Docket No. 22578-2. Mr. Bernstein 

will be available to testify should the Court request additional testimony. Accordingly, the estimated time for each 

witness is zero minutes as Bonistas del Patio, Inc., does not intend to affirmatively offer any live testimony. 

Case:17-03283-LTS Doc#:23013-1 Filed:12/07/22 Entered:12/07/22 11:57:10 Desc:

Exhibit Exhibits Page 2 of 3
EXHIBIT C

PARTY EXHIBITCOVER SHEET

Name of Party Bonistas del Patio, Inc.

Does the Party intend to offer evidence? Yes

Docket Entry No. for Party Exhibit List 23010

Exhibit Identifier Docket Entry No. of Exhibit Is there a pending request to seal 

this Exhibit?

Bonistas Ex. 1 23010-1 No

Bonistas Ex. 2 23010-2 No

Case:17-03283-LTS Doc#:23013-1 Filed:12/07/22 Entered:12/07/22 11:57:10 Desc:

Exhibit Exhibits Page 3 of 3
Case:17-03283-LTS Doc#:19949-1 Filed:01/28/22 Entered:01/31/22 10:40:10 Desc:Affidavit in Support of Motion for Reconsideration Page 1 of 4Case:17-03283-LTS Doc#:19949-1 Filed:01/28/22 Entered:01/31/22 10:40:10 Desc:Affidavit in Support of Motion for Reconsideration Page 2 of 4Case:17-03283-LTS Doc#:19949-1 Filed:01/28/22 Entered:01/31/22 10:40:10 Desc:Affidavit in Support of Motion for Reconsideration Page 3 of 4Case:17-03283-LTS Doc#:19949-1 Filed:01/28/22 Entered:01/31/22 10:40:10 Desc:Affidavit in Support of Motion for Reconsideration Page 4 of 4
#### Herbert Coope, Appellant, *v.*Alfred G. Kollstade, Respondent.

(Supreme Court, Appellate Term,

November, 1900.)

Eviction — When the question is for the jury.

Where, in an action for rent, the tenant justifies an abandonment of the premises by proving that a pump directly under his letting caused a disagreeable thumping noise lasting several hours each day, a verdict should not be directed for the landlord, as the jury must decide whether such a noise constituted a nuisance and hence amounted to a constructive eviction.

*114Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of Mew York, tenth district, borough of Manhattan.

Greene & Stotesbury, for appellant.

Philbin, Beekman *&*Menken, for respondent.

*Per Curiam.*

It is now well settled that a physical eviction is' not necessary to exonerate a tenant from the payment of rent, but such exoneration follows when the landlord’s acts, though not amounting to a physical expulsion, are of so pronounced and offensive character as to create a nuisance, which, by preventing the reasonable use by the tenant of the premises, affects directly the consideration of the contract between the landlord and the tenant. Sully v. Schmitt, 147 N. Y. 248. To the same effect is Home Life Ins. Co. v. Sherman, 46 N. Y. 372, in which calse it was held that any interference on the part of the landlord, which impairs the beneficial enjoyment of the premises, such as the creation of a nuisance in another portion of the same '' building, is a sufficient disturbance to constitute an eviction, The evidence shows that there was a pump directly under that portion of the premises occupied by the defendant; that this pump caused a vibration and made a rumbling noise which some of the witnesses designated as a thumping, disagreeable noise, which could be heard all over the premises occupied by the defendant, and which continued for several hours each day. Whether this noise was or was not a nuisance, was a question to be determined by the jury, and, therefore, the plaintiff’s motion to direct a verdict in his favor was rightly denied.

There were no exceptions to the charge of the court, and, therefore, it must be'held, that there was no error in such charge.

This case is to be distinguished from McLaughlin v. Bohm, 20 Misc. Rep. 338, in which case it was held that .there was a question of fact' as to the disturbance of the tenant’s possession, while in this case there is no such question. Judgment affirmed, with costs.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S STATEMENTS OF EARNINGS AND BALANCE SHEETS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-03-1999
<PERIOD-END>                               JAN-03-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    6,347
<ALLOWANCES>                                       201
<INVENTORY>                                    147,296
<CURRENT-ASSETS>                               154,979
<PP&E>                                          29,538
<DEPRECIATION>                                  27,428
<TOTAL-ASSETS>                                 217,415
<CURRENT-LIABILITIES>                           87,354
<BONDS>                                        151,352
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (27,877)
<TOTAL-LIABILITY-AND-EQUITY>                   217,415
<SALES>                                        491,430
<TOTAL-REVENUES>                               491,430
<CGS>                                          330,243
<TOTAL-COSTS>                                  330,243
<OTHER-EXPENSES>                               130,533
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,285
<INCOME-PRETAX>                                 11,369
<INCOME-TAX>                                     4,604
<INCOME-CONTINUING>                              6,765
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,765
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 715.11 Sanctions for failure to comply with this part. ( a ) *Sanctions.* Failure of a supervisory committee and/or its independent compensated auditor or other person to comply with the requirements of this section, or the terms of an engagement letter required by this section, is grounds for: ( 1 ) The regional director to reject the supervisory committee audit and provide a reasonable opportunity to correct deficiencies;
( 2 ) The regional director to impose the remedies available in § 715.12, provided any of the conditions specified therein is present; and
( 3 ) The NCUA Board to seek formal administrative sanctions against the supervisory committee and/or its independent, compensated auditor pursuant to section 206(r) of the Federal Credit Union Act, 12 U.S.C. 1786(r).
( b ) *State Charters.* In the case of a federally-insured state chartered credit union, NCUA shall provide the state regulator an opportunity to timely impose a remedy satisfactory to NCUA before exercising it authority under § 741.202 of this chapter to impose a sanction permitted under paragraph (a) of this section.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
condensed  consolidated  balance sheet of Transnational  Industries,  Inc. as of
October 31, 1999 and the related condensed  consolidated statement of operations
and  statement  of cash flows for the nine months then ended and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                                        <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          JAN-31-2000
<PERIOD-END>                               OCT-31-1999
<CASH>                                              90
<SECURITIES>                                         0
<RECEIVABLES>                                     1943
<ALLOWANCES>                                         0
<INVENTORY>                                       1432
<CURRENT-ASSETS>                                  3635
<PP&E>                                            2988
<DEPRECIATION>                                    2342
<TOTAL-ASSETS>                                    6968
<CURRENT-LIABILITIES>                             3301
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         73
<COMMON>                                           100
<OTHER-SE>                                        2829
<TOTAL-LIABILITY-AND-EQUITY>                      6968
<SALES>                                           7145
<TOTAL-REVENUES>                                  7145
<CGS>                                             5208
<TOTAL-COSTS>                                     5208
<OTHER-EXPENSES>                                   467
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  58
<INCOME-PRETAX>                                    177
<INCOME-TAX>                                        14
<INCOME-CONTINUING>                                163
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       163
<EPS-BASIC>                                     0.31
<EPS-DILUTED>                                     0.31


</TABLE>
<PAGE>


                                 SUBSIDIARIES


<TABLE>
<CAPTION>
                                        JURISDICTION
                                             OF
SUBSIDIARY                              INCORPORATION
-----------                             ------------------
<S>                                     <C>
Aldila Golf Corp.                       Delaware, U.S.

Aldila Materials Technology Corp.       Delaware, U.S.

Aldila Wyoming Building Corp.           Delaware, U.S.

Aldila Foreign Sales Corp.              U.S. Virgin Islands

Aldila de Mexico, S.A. de C.V.          Mexico

Aldila Graphite Products (Zhuhai)
   Company Limited                      People's Republic of China

</TABLE>



                                  Exhibit 21.1


                                      -39-
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       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 Defense

###### Office of the Secretary

          - [Docket ID: DOD-2009-OS-0119]

# AGENCY:

Defense Manpower Data Center, DoD.

# ACTION:

Notice of a computer matching program; correction.

# SUMMARY:

                        The Department of Defense published an announcement of a computer matching program on August 7, 2009 (74 FR 39647-39649). This notice is being published to correct the first paragraph of the                         **SUPPLEMENTARY INFORMATION**                         section that describes the purpose of the computer matching agreement. All other information remains the same.                    

      ( print page 53223)    

# ADDRESSES:

Any interested party may submit written comments to the Director, Defense Privacy Office, 1901 South Bell Street, Suite 920, Arlington, VA 22202-4512.

# FOR FURTHER INFORMATION CONTACT:

Mr. Samuel P. Jenkins at telephone (703) 607-2943.

# SUPPLEMENTARY INFORMATION:

                    The first paragraph in the previous notice's                     **SUPPLEMENTARY INFORMATION**                     section is corrected to read as follows:                

“Pursuant to subsection (o) of the Privacy Act of 1974, as amended, (5 U.S.C. 552a), the DMDC and VA have concluded an agreement to conduct a computer matching program between the agencies.

The purpose of this agreement is to verify eligibility for DoD/USCG members of the Reserve forces who receive VA disability compensation or pension to also receive military pay and allowances when performing reserve duty.”

Dated: October 8, 2009.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. E9-24887 Filed 10-15-09; 8:45 am]

BILLING CODE 5001-06-P
<PAGE>

                                                                    EXHIBIT 32.2

CERTIFICATION

I, Thomas K. Emery, in my capacity as Chief Financial Officer for Internet
Services Corporation, which provides financial management services to
Yager/Kuester Public Fund Limited Partnership, have reviewed the internal
accounting records of Yager/Kuester Public Fund Limited Partnership on behalf of
the general partner, certify that (i) the Form 10-Q Report of Yager/Kuester
Public Fund Limited Partnership for the quarter ending June 30, 2003 to which
this certification is attached fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in such Form 10-Q report fairly presents, in all material respects,
the financial condition and results of operations of Yager/Kuester Public Fund
Limited Partnership.



Date 8/14/03                             By: /s/ Thomas K. Emery
     ------------------------                ----------------------------------
                                             Thomas K. Emery
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       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 Commerce

###### Foreign-Trade Zones Board

          - [Order No. 1646]

Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

*Whereas,*                     the Panama City Port Authority, grantee of Foreign-Trade Zone 65, submitted an application to the Board for authority to expand FTZ 65 to include two sites in Chipley, Florida, and expand existing Site 3 in Panama City, Florida, adjacent to and within the Panama City Customs and Border Protection port of entry, respectively (FTZ Docket 71-2008, filed 12/16/2008);                

*Whereas,*                     notice inviting public comment has been given in the                     **Federal Register**                     (73 FR 79048, 12/24/2008) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,                

*Whereas,*                     the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that the proposal is in the public interest;                

*Now, therefore,*                     the Board hereby orders:                

The application to expand FTZ 65 is approved, subject to the FTZ Act and the Board's regulations, including Section 400.28.

Signed at Washington, DC, this 25th day of September 2009.

Ronald K. Lorentzen,

Acting Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board.

Pierre Duy,

Acting Executive Secretary.

[FR Doc. E9-24970 Filed 10-15-09; 8:45 am]

BILLING CODE P
### Mining Claim Activity on Federal Land for the Period 1976 through 2003

By: J. Douglas Causey

                            https://doi.org/10.3133/ds124

#### Links

- More information:  **USGS Index Page**                            (html)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract