alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
13173

#### C. I. T. CORPORATION v. SMITH

(159 S. E., 453)

*Mr. T. P. Taylor,*for appellant,

*2
      *Messrs. W. R. Symmes*and *D. W. Robinson, Jr.,*for respondent,

June 10, 1931.

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Honor, Judge Mann, dated March 8, 1930, refusing a motion by the plaintiff to have R. M. Gressette, trustee in bankruptcy of the defendant Smith, substituted in his place as defendant.

The circumstances are these: On November 27, 1929, the corporation instituted claim and delivery proceedings against Smith for the possession of certain automobiles upon which it had what was equivalent to chattel mortgages, the breach of which relied upon was the alleged insolvency of Smith, as provided for therein. Thereafter, on December 7th, Smith was adjudged a bankrupt in the Federal Court. On December 18th he filed an answer to the complaint in claim and delivery denying his insolvency, the alleged breach of the mortgages, and set up a counterclaim in the sum of $3,000.00 based upon the alleged wrongful taking of the automobiles and for conversion. He further alleged that the acts of the plaintiff were willful, causing his credit to be impaired and forcing him into bankruptcy, as a result of which his business was destroyed to his damage in the sum claimed. Thereafter the plaintiff moved before his Honor, Judge Mann, for an order substituting the *3trustee in bankruptcy as defendant in the place of Smith upon the ground that Smith had been adjudged a bankrupt since the commencement of the action, and that any cause of action which he may have had based upon the alleged unlawful taking and detention of his property accrued to the trustee as an asset of the bankrupt estate. His Honor, Judge Mann, refused to make the order of substitution, but in his order directed that the trustee be made a party defendant along with the defendant, Smith. From this order the plaintiff has appealed.

The question in the case is whether the alleged cause of action of the defendant resulting from the taking of the property accrued to the trustee in bankruptcy.

Section 70 of the Bankruptcy Act of 1898 (11 U. S. C. A., § 110), provides that the assets of the bankrupt to which the title vests in the trustee upon adjudication and the appointment of a trustee include all “rights of action arising upon contracts or from the unlawful taking or detention of, or injury to [the bankrupt’s] property.”

. It appears, therefore, that the cause of action set forth in the defendant’s counterclaim comes squarely within the Federal Statute as a right of action arising “from the unlawful detention of or injury to his property,” and that upon bankruptcy of the defendant it passed to his trustee. The motion to substitute the trustee for the bankrupt was therefore improperly refused.

The judgment of *this*Court is that the order appealed from be reversed and that the case be remanded -to the Court of Common Pleas for further proceedings consistent herewith.

Mr. Chief Justice Blease and Messrs. Justices Stabler and Carter and Mr. Acting Associate Justice John I. Cosgrove concur.
§ 37.97 What are the required elements of a Conciliation Agreement? A Conciliation Agreement must: ( a ) Be in writing;
( b ) Address each cited violation;
( c ) Specify the corrective or remedial action to be taken within a stated period of time to come into compliance;
( d ) Provide for periodic reporting on the status of the corrective and remedial action;
( e ) Provide that the violation(s) will not recur; and
( f ) Provide for enforcement for a breach of the agreement.
---

Exhibit 32.2

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Ari Muljana, hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (a) | the quarterly report on Form 10-Q of Manas Petroleum
      Corporation for the period ended March 31, 2010, fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of
      1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                   
| | (b) | information contained in the Form 10-Q fairly presents,
      in all material respects, the financial condition and results of
      operations of Manas Petroleum Corporation.                                                   

Date: May 17, 2010

*/s/ Ari Muljana*Ari MuljanaChief
Financial Officer(Principal Financial Officer and Principal Accounting
Officer)

---
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 Annual Report of Lescarden Inc. (the "Company")
on Form 10-KSB for the period ended May 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),
I, William E. Luther, Chief Executive Officer and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,
as adopted pursuant to section 906 of Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:

   (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/ William E. Luther
                             William E. Luther
                     President, Chief Executive Officer
                       and Chief Financial Officer
                             August 19, 2004
Exhibit
32.1  Section 1350 Certification





In
connection with the Quarterly Report of Citizens First Corporation (the
"Company") on Form 10-Q for the period ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the "Report") I, M. Todd
Kanipe, President and Chief Executive Officer of the Company, certify pursuant
to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:





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





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





By:
            /s/M. Todd KanipeM.
      Todd KanipePresident
      and Chief Executive OfficerDate:
            April
      30, 2010





This
certification is being furnished as required by Rule 13a-14(b) under the
Securities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter
63 of Title 18 of the United States Code, and shall not be deemed ‘filed” for
purposes of Section 18 of the Exchange Act or otherwise subject to the liability
of that section.  This certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or
the Exchange Act or otherwise subject to the liability of that
section.
EXHIBIT 10.24

   

 EXHIBIT 10.24
 

 

 SECOND AMENDMENT/ADDENDUM 
 TO OPTION AND JOINT VENTURE AGREEMENT
 

 

 The Parties,
 

 TRANSATLANTIC MINING COMPANY, a corporation existing under the laws of British Columbia, Canada (formerly Archean Star Resources Inc.) “TCO”
 

 and
 

 NORTHERN ADVENTURES,L.L.C., a limited liability company existing under the laws of the state of Idaho. “NALLC”
 

 and
 

 AMERICAN CORDILLERA MINING CORPORATION and AMCOR EXPLORATION INC. (AMCOR) a wholly owned subsidiary of AMERICAN CORDILLERA MINING CORPORATION. “AMCOR”
 

 

 Agreement
 February 5, 2013, the Parties entered into an “OPTION AND JOINT VENTURE AGREEMENT”. 
 

 First Amendment/Addendum 
 July 22, 2014, The Parties entered into a “MEMORANDUM OF UNDERSTANDING”
 

 Second Amendment/Addendum
 March 10, 2015, The Parties have entered into this “Second Amendment/Addendum
 

 The Parties by mutual assent amend, modify and supplement the Agreement and prior Amendments/Addendums to the Agreement as follows. 
 

 Where applicable, this Amendment/Addendum supersedes any prior terms or conditions governing the same subject matter. 
 

 All prior agreed terms and conditions not Amended herein remain in full force and effect.
 

 For an additional total consideration of 1.5 million (One-Million Five-Hundred Thousand) common shares in the capital stock of Transatlantic Mining Company 
 


  
 
 and the total payment of $25,000 (twenty-five thousand)  to NALLC/ AMCOR, the parties agree to the following amendment:
 

 “Parties”
 

 All reference to Archean Star Resources “Archean Star” shall now be amended to Transatlantic Mining Company “TCO” formerly Archean Star Resources.
 

  3.3

 OPTION
 

 (e) Initial Expenditure obligation of US$700,000 is deemed satisfied by all parties.
 (f) TCO shall incur not less than an aggregate of US$700,000 of Expenditures between February 5, 2015-February 5, 2016. 
 (g) TCO shall incur not less than an aggregate of US$700,000 of Expenditures between February 5, 2016-February 5, 2017.
 

 

 TCO shall tender additional consideration within 20 days of execution of this agreement to accounts and parties as directed by NALLC and AMCOR.  TCO shall also present an updated accounting of all expenditures incurred on the Monitor and Big Elk/Brushy Creek properties within 30 days.  
 

 As approved this 12th day of March, 2015:
 

 Transatlantic Mining Company
 

 /s/ Robert Tindall
 __________________________________________
  Authorized Signing Representative

 date
 

 

 Northern Adventures, LLC
 

 /s/ Martin Clemets
 __________________________________________
  Authorized Signing Representative

 date
 

 

 American Cordillera Mining and AMCOR
 

 

 /s/ Frank Blair
 _________________________________________
  Authorized Signing Representative

 date
 


 Second Amendment/Addendum to
  Option and Joint Venture and Prior Amendments/Addendums thereto

  2 of 2
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 State

          - [Public Notice 7544]

# SUMMARY:

This notice announces a meeting of the International Telecommunication Advisory Subcommittees (ITAC) on August 22, 2011, 10 a.m.-noon EDT, at the Department of State, 2201 C Street, NW., Washington, DC 20520, to seek advice from the telecommunications industry on: (a) The consultation of International Telecommunication Union, Telecommunication Standardization Sector Study Group 15, on whether draft Recommendation G.tp-oam (Operations, Administration and Maintenance mechanism for MPLS-TP in Packet Transport Network (PTN)) should be approved as a policy-level document; and (b) what policy position the United States should take at the December 2011 Study Group 15 meeting on this issue.

                        This meeting is open to the public as seating capacity allows. The public will have an opportunity to provide comments at this meeting. People desiring further information on this meeting or wishing to request reasonable accommodation may contact the Secretariat at                         *minardje@state.gov.*

Dated: August 3, 2011.

Marian R. Gordon,

International Communications & Information Policy, U.S. Department of State .

[FR Doc. 2011-20179 Filed 8-8-11; 8:45 am]

BILLING CODE 4710-07-P
### Proposed Rule: Mandatory Reporting ofGeologic Sequestration Meetmg Documentation Interagency Meeting

- Discuss Interagency Comments, January 21, 2010 Date StaffContact Information Name of Summary ofDiscussion (e.g., applicability, reporting Written Comments

1121 (Name, email, phone #) Organization requirements, etc.) Provided?

Suzie Kocchi, Kocchi.suzanne@epa.gov 202-343-9387 (Attach list of Did they also all attendees submitto Docket? names and emails if possible) Agencies attending: EPA OMB CEQ A meetingwas heldto discuss interagency comments on the geologic sequestrationproposal Yes Date sent to EPACCD

1/11/10· . 

# Geologic Sequestration Background

For Discussion Only: Do not Cite or Distribute
(77 South. 1002)

#### BATSON et al. v. KELLER.

(6 Div. 422.)

(Court of Appeals of Alabama.

Jan. 22, 1918.)

Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge.

Burgin & Brown, of 'Birmingham, for appellants; Hugh H. Ellis, of Birmingham, for appellee.

BRICKEN, J.

Affirmed for want of assignment of errors.
EXHIBIT 99.14


                          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 Longview Fibre Company (the
"Company") on Form 10-K for the period ended October 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-K"),
I, L. J. McLaughlin, Senior Vice President-Finance, Secretary and Treasurer
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 Form 10-K fully complies with the requirements of Section 13(a)
         or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
         78o(d)); and

     (2) The information contained in the Form 10-K fairly presents, in all
         material respects, the financial condition and results of operations
         of the Company.


Dated:  January 28, 2003


L. J. MCLAUGHLIN
L. J. MCLAUGHLIN
Senior Vice President-Finance,
Secretary and Treasurer
**
**Exhibit 32.1**

CERTIFICATION PURSUANT TO 

18U.S.C. SECTION 1350, 

AS ADOPTED PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,United States Code), the Trustee of Marine Petroleum Trust (the “Trust”) does hereby certify, to its knowledge, that: 

The AnnualReport on Form 10-K for the year ended June 30, 2023 (the “Form 10-K”) of the Trust fully complies with the requirements of Section 13(a) or 15(d),as applicable, of the Securities Exchange Act of 1934, as amended, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations ofthe Trust as of, and for, the periods presented in the Form 10-K.

 
/s/ Ron E. HooperRon E. HooperSenior Vice President on behalf of Argent Trust Company, not in its individual capacity but solely as the Trustee of Marine Petroleum TrustDated: September 26, 2023
A signed original of this written statement required by Section 906 has been provided to the Trust and will be retainedby the Trust and furnished to the Securities and Exchange Commission or its staff upon request. 

The foregoing certification is being furnished as anexhibit to the Form 10-K pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) ofSection 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-K for purposes of Section 18 of the Securities Exchange Act of 1934, as amended,and is not incorporated by reference into any filing of the Trust, whether made before or after the date hereof, regardless of any general incorporation language in such filing. 
**
Executive Order 13156

# Amendment to Executive Order 12871 Regarding the 

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to provide for a uniform policy for the Federal Government relating to labor-management partnerships, it is hereby ordered that Executive Order 12871, as amended by Executive Order 12983, is further amended as follows:

**Section 1.**                     Section 1(a)(10) of the order is amended by striking “two” and inserting “three.”                

[FR Doc. 00-12840

Billing code 3195-01-P
#### §§ 2520.105-1-2520.105-2 [Reserved]
#### Manoj K. Patel, Appellant, v Robert W. Tauber et al., Respondents. (And Three Additional Actions.)

Submitted April 22, 1996;

decided July 9, 1996

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Cross motion, treated as a motion for leave to appeal, etc., denied.
§ 530.101 General. ( a ) Except as provided in subpart C, a certificate may be issued to an employer authorizing the employment of homeworkers in ( 1 ) The knitted outerwear, gloves and mittens, and embroideries industries as defined in paragraphs (g), (h), and (k), respectively, at § 530.1, effective January 9, 1989;
( 2 ) In the button and buckle and handkerchief manufacturing industries as defined in paragraphs (i) and (j), respectively, of § 530.1, effective July 9, 1989; and
( 3 ) In the jewelry industry as defined in paragraph (f) of § 530.1, effective July 9, 1989, but only where the employer's homeworkers are engaged exclusively in the stringing of beads and other jewelry and the carding and packaging of jewelry. The terms “carding and packaging of jewelry” include the attaching of jewelry to cards, boxing and wrapping, and the use of common household glues available to the general public, but do not include potentially hazardous operations such as the use of industrial glues, epoxies, soldering irons, or heating elements.
( b ) This certificate may be issued irrespective of whether individual homeworkers meet the conditions set forth in paragraph (a) of § 530.4 of Subpart A. Unless suspended or revoked, such certificates are valid for two-year periods. Applications for renewals must be submitted no later than thirty (30) days prior to the expiration date of the current certificate. Except as provided in subpart A, in the absence of a certificate, the employment of homeworkers in these industries is prohibited, and an employer violating this prohibition is subject to all the sanctions provided in the Fair Labor Standards Act and in this part, including an injunction restraining the employment of homeworkers.
( c ) Certificates authorizing such employment may be issued on the following terms and conditions upon written application to the Administrator, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
[53 FR 45722, Nov. 10, 1988, as amended at 82 FR 2228, Jan. 9, 2017]
Exhibit 32

| | Certification
of Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
| | -------------------------------------------------------------------------------------------------------------------------------

# Exhibit 32

CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, the Chief Executive
Officer and the Chief Financial Officer of First Capital Bank Holding Corporation (the
Company), each certify that, to his or her knowledge on the date of this
certification:

|1. | The quarterly report of the Company for the period ending June 30, 2003 as
          filed with the Securities and Exchange Commission on this date (the
          Report) fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

| |  | /s/ Michael G. Sanchez
Michael G. SanchezChief Executive OfficerAugust 14, 2003
| |  | -------------------------------------------------------------------------------

| |  | /s/ Timothy S. Ayers
Timothy S. AyersChief Financial OfficerAugust 14, 2003
| |  | ---------------------------------------------------------------------------
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-51004

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MANUEL ORTIZ-LOPEZ, also known as Manuel Ortiz-Lopez, Jr., also

known as Manuel Ortiz,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-00-CR-681-ALL-H

- - - - - - - - - -

June 15, 2001

Before WIENER, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Manuel Ortiz-Lopez appeals his sentence following his guilty

plea conviction for illegal re-entry after deportation in

violation of 8 U.S.C. § 1326. Ortiz argues that his sentence

should not have exceeded the two-year maximum sentence under 8

U.S.C. § 1326(a). Ortiz acknowledges that his argument is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224
No. 00-51004

- 2 -

(1998), but he seeks to preserve the issue for Supreme Court

review in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). Ortiz’s

argument is foreclosed by Almendarez-Torres, 523 U.S. at 235. 

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is granted.

AFFIRMED; MOTION GRANTED.
SECURITIES AND EXCHANGE COMMISSION

 

Washington, D. C.

 

FORM 10-K

 

ANNUAL REPORT

 

 

For the Fiscal Year Ended September 30, 2006

 

THE LACLEDE GROUP, INC.

 

LACLEDE GAS COMPANY

 

720 Olive Street, St. Louis, MO 63101