alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of Nebraska, ex rel. Peter McMullen, appellee, v. Ambrose Affholder et al., appellants.

Filed April 4, 1895.

No. 7180.

Mandamus: Review. A *mandamus*proceeding under our Code of Civil Procedure is an action at law and can be reviewed only on error and cannot be appealed. *State v. Lancaster County,*13 Neb., 223, followed.

-Appeal from the district court of Burt county. Heard below before Ambrose, J.

*498*H. Jff. Bowes,*for appellants.

*Charles T. Dickinson,*contra.

Harrison, J.

The appellee as relator filed a petition in the district-court of Burt county December 9, 1893, in an action then commenced by him against the appellants as officers of school district No. 58, Burt county, the object of which was to obtain the issuance of a writ of *mandamus,*ordering the appellants to comply with the provisions of an act of the legislature entitled “An act to provide cheaper text-books, and the district ownership of the same,” (Comp-Stats., 1893, pp. 771a, 7716,) and furnish to his children, and other pupils of the school in the district, text-books for their use. An alternative writ was allowed and served' upon appellants, to which they made a return or answer, and as a result of the submission to and consideration of the case by the district court a judgment was rendered against the respondents, by which a peremptory writ of *mandamus*was allowed to issue against them, from which judgment they appealed to this court.

An action of *mandamus*is an action at law and governed, in regard to trial and review, by the rules of practice applicable to .such actions and can only be reviewed in this-court in an error proceeding, and not by appeal. In the case of *State v. Lancaster County,*13 Neb., 223, a case in which a *mandamus*proceeding was appealed to the supreme court, it was held: “A *mandamus*under our practice is an action at law, and is reviewable only on error and not by appeal;” and in the opinion it was said: “Appeals are authorized by statute in actions in equity, but a proceeding by *mandamus*is strictly a legal action. In *Commonwealth*v. *Dennison,*24 How. [U. S.], 9.7, Taney, C. J., says: ‘A *mandamus*in modern practice is nothing more than an action at law between the parties, and is not now regarded as a *499prerogative writ.’ An action at law can be reviewed only on error.” *(State v. Lancaster County,*13 Neb., 223; *State v. Chicago, St. P., M. & O. R. Co.,*19 Neb., 482; *State*v. *School District,*30 Neb., 527; Maxwell, Pleading & Practice, 729.) The appeal in the case at bar must be dismissed.

Appeal dismissed.
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

§ 1.1157 Payment of charges for regulatory fees. Payment of a regulatory fee, required under §§ 1.1152 through 1.1156, shall be filed in the following manner: ( a ) ( 1 ) The amount of the regulatory fee payment that is due with any application for authorization shall be the multiple of the number of years in the entire term of the requested license or other authorization multiplied by the annual fee payment required in the Schedule of Regulatory Fees, effective at the time the application is filed. Except as set forth in § 1.1160, advance payments shall be final and shall not be readjusted during the term of the license or authorization, notwithstanding any subsequent increase or decrease in the annual amount of a fee required under the Schedule of Regulatory Fees.
( 2 ) Failure to file the appropriate regulatory fee due with an application for authorization will result in the return of the accompanying application, including an application for which the Commission has assigned a specific filing deadline.
( b ) ( 1 ) Payments of standard regulatory fees applicable to certain wireless radio, mass media, common carrier, cable and international services shall be filed in full on an annual basis at a time announced by the Commission or the Managing Director, pursuant to delegated authority, and published in the Federal Register.
( 2 ) Large regulatory fees, as annually defined by the Commission, may be submitted in installment payments or in a single payment on a date certain as announced by the Commission or the Managing Director, pursuant to delegated authority, and published in the Federal Register.
( c ) Standard regulatory fee payments, as well as any installment payment, must be filed with a FCC Form 159, FCC Remittance Advice, and a FCC Form 159C, Remittance Advice Continuation Sheet, if additional space is needed. Failure to submit a copy of FCC Form 159 with a standard regulatory fee payment, or an installment payment, will result in the return of the submission and a 25 percent penalty if the payment is resubmitted after the date the Commission establishes for the payment of standard regulatory fees and for any installment payment. ( 1 ) Any late filed regulatory fee payment will be subject to the penalties set forth in section 1.1164.
( 2 ) If one or more installment payments are untimely submitted or not submitted at all, the eligibility of the subject regulatee to submit installment payments may be cancelled.
( d ) Any Commercial Mobile Radio Service (CMRS) licensee subject to payment of an annual regulatory fee shall retain for a period of two (2) years from the date on which the regulatory fee is paid, those business records which were used to calculate the amount of the regulatory fee.
[60 FR 34031, June 29, 1995, as amended at 62 FR 59825, Nov. 5, 1997; 67 FR 46306, July 12, 2002]
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

§ 1.1319 Consideration of the environmental impact statements. ( a ) If the action is designated for hearing: ( 1 ) In rendering an initial decision, the presiding officer (other than the Commission) shall use the FEIS in considering the environmental issues, together with all other non-environmental issues.
( 2 ) When the Commission serves as the presiding officer or upon its review of an initial decision, the Commission will consider and assess all aspects of the FEIS and will render its decision, giving due consideration to the environmental and nonenvironmental issues.
( b ) In all non-hearing matters, the Commission, as part of its decision-making process, will review the FEIS, along with other relevant issues, to ensure that the environmental effects are specifically assessed and given comprehensive consideration.
[51 FR 15000, Apr. 22, 1986, as amended at 62 FR 4171, Jan. 29, 1997; 85 FR 63183, Oct. 6, 2020]
Exhibit 32.3





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 on Form 10-K/A of Affiliated Managers Group, Inc. (the “Company”) for the period ended December 31, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Sean M. Healey, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:





|    |                                                                                                                                                  
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------
|(1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.







Date: March 31, 2017





/s/ SEAN M. HEALEYSean M. HealeyChief Executive Officer and Chairman
No. 10-11074.

#### Short *v.*Mazurkiewicz, Superintendent, State Correctional Institution at Greensburg, et al.

C. A. 3d Cir. Certiorari denied.
#### § 105-70.000 Scope.

This part (a) establishes administrative procedures for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to authorities or to their agents, and (b) specifies the hearing and appeal rights of persons subject to allegations of liability for such penalties and assessments.
#### § 50-204.26 Exemptions for radioactive materials packaged for shipment.

Radioactive materials packaged and labeled in accordance with regulations of the Department of Transportation shall be exempt from the labeling and posting requirements during shipment, provided that the inside containers are labeled in accordance with the provisions of § 50-204.24.
§ 60-741.25 Health insurance, life insurance and other benefit plans. ( a ) An insurer, hospital, or medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or similar organizations may underwrite risks, classify risks, or administer such risks that are based on or not inconsistent with State law.
( b ) The contractor may establish, sponsor, observe, or administer the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law.
( c ) The contractor may establish, sponsor, observe, or administer the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance.
( d ) The contractor may not deny an individual with a disability equal access to insurance or subject an individual with a disability to different terms or conditions of insurance based on disability alone, if the disability does not pose increased risks.
( e ) The activities described in paragraphs (a), (b), and (c) of this section are permitted unless these activities are used as a subterfuge to evade the purposes of this part.
#### § 60-1.43 Access to records and site of employment.

Each contractor shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance evaluations and complaint investigations. Each contractor shall permit the inspecting and copying of such books and accounts and records, including computerized records, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the agency, or the Director. Information obtained in this manner shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964 (as amended), and any other law that is or may be enforced in whole or in part by OFCCP.

[62 FR 44192, Aug. 19, 1997]
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATIN EXTRACTED FROM AUDITED
FINANCIAL STATEMENTS AND BOARD OF DIRECTORS PACKAGE DATED 12/3/196.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           7,517
<INT-BEARING-DEPOSITS>                           7,528
<FED-FUNDS-SOLD>                                 6,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     26,111
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        156,460
<ALLOWANCE>                                      1,000
<TOTAL-ASSETS>                                 211,965
<DEPOSITS>                                     177,203
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             10,948
<LONG-TERM>                                      5,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,702
<OTHER-SE>                                      14,112
<TOTAL-LIABILITIES-AND-EQUITY>                 211,965
<INTEREST-LOAN>                                 12,591
<INTEREST-INVEST>                                1,720
<INTEREST-OTHER>                                   237
<INTEREST-TOTAL>                                14,548
<INTEREST-DEPOSIT>                               6,927
<INTEREST-EXPENSE>                               7,411
<INTEREST-INCOME-NET>                            7,137
<LOAN-LOSSES>                                      287
<SECURITIES-GAINS>                                 106
<EXPENSE-OTHER>                                  7,279
<INCOME-PRETAX>                                  1,405
<INCOME-PRE-EXTRAORDINARY>                         883
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       883
<EPS-PRIMARY>                                      .24
<EPS-DILUTED>                                      .23
<YIELD-ACTUAL>                                    8.55
<LOANS-NON>                                        905
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                    24
<LOANS-PROBLEM>                                  2,195
<ALLOWANCE-OPEN>                                   946
<CHARGE-OFFS>                                      279
<RECOVERIES>                                        46
<ALLOWANCE-CLOSE>                                1,000
<ALLOWANCE-DOMESTIC>                             1,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
278P15

#### State v. David Matthew Lowe

1. Def’s Motion for Temporary Stay (COA14-1360)

1. Allowed 08/11/2015

2. Def’s Petition for *Writ of Supersedeas*

2. Allowed

3. Def’s PDR Under N.C.G.S. § 7A-31

3. Allowed

4. State’s PDR Under N.C.G.S. § 7A-31

4. Allowed
Argued November 2,

decided November 17, 1908.

#### *LAING v.*LAING.

[97 Pac. 1135.]

In a suit for divorce, where neither party is satisfied with the decree rendered by the lower court in dismissing the suit as to each, and both appeal, evidence examined, and *7xeld,*that neither plaintiff or defendant is entitled to a divorce.

From Umatilla: Henry J. Bean, Judge.

This is a suit by Effie E. Laing against Arthur Laing for a divorce, on the alleged ground of cruel and inhuman *538treatment. The defendant, by a counterclaim in equity, seeks the decree. From a decree dismissing the suits, both parties appeal.

Affirmed.

For appellant there was a brief with oral arguments by *Mr. Will M. Peterson*and Mr. *Robert J. Slater.*

For respondent there was a brief over the names of *Mr. James H. Raley, Mr. James A. Fee,*and *Mr. Charles Ferguson,*with oral arguments by *Mr. Raley*and *Mr. Fee.*

Opinion

Per Curiam.

This is a suit by the wife for a divorce on the alleged ground of cruel and inhuman treatment and personal indignities, rendering her life burdensome.

The answer controverts the material allegations of the complaint and sets forth facts, as a counterclaim in equity, based upon which the defendant seeks the decree. The reply puts in issue the averments of new matter in the answer.

The cause having been tried, the suit was dismissed as to each party, and they severally appeal.

It is considered unnecessary to allude to or comment upon the testimony given at the trial, a careful examination of which convinces us that neither party is entitled to a divorce; and, this being so, the decree is affirmed.

Affirmed.
AMENDMENT
#1


 


TO
THE $110,000 PROMISSORY NOTE DATED DECEMBER 14, 2016


 


The
parties agree that the $110,000 Convertible Promissory Note (the “Note”) by and between Liberty Star Uranium &
Metals Corp. (the “Borrower”) and Tangiers Investment Group, LLC (the “Lender”) is hereby amended as follows:


 


	1.	Payment.
    The Lender shall make a payment to the Borrower of $77,000 of Consideration ($70,000 in cash and $7,000 in an OID) under the
    Note on or before February 2, 2017. 
	 	 
	2.	Independent
    Transactions. The Borrower understands and agrees that the Note sets forth the terms for a series of independent transactions
    in which the Lender may elect to make a payment of Consideration to the Borrower with each payment of Consideration creating
    a separate obligation of the Borrower to the Lender with the terms set forth in the Note. Accordingly, the Maturity Date of
    each payment of Consideration, and the repayment terms for each payment of Consideration, are as set forth in the Note.


 


ALL
OTHER TERMS AND CONDITIONS OF THE NOTE REMAIN IN FULL FORCE AND EFFECT.


 


Please
indicate acceptance and approval of this amendment dated February 2, 2017 by signing below:


 


	 	 	 
	Liberty
    Star Uranium & Metals Corp.	 	Tangiers
    Investment Group, LLC
	 	 	 	 
	By:	 	By:	Robert
    Papiri
	 	 	 	 
	Its:
    	 	Its:	Managing
    Member
#### § 128-48.001-50 Administrative or summary process.

Forfeiture is achieved by direction of the seizing bureau in lieu of the courts. The phrase shall be interpreted to mean by administrative process.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

March 11, 2005

Mr. Gregory S. Coleman

Weil Gotshal & Manges LLP

8911 Capital of Texas Hwy., Suite 4140

Austin, TX 78759

Mr. Gary L. Richardson

Richardson, Stoops, Richardson & Ward

6555 South Lewis, Suite 200

Tulsa, OK 74136

Mr. William W. Ogden

Ogden Gibson White Broocks & Longoria, LLP

711 Louisiana, Suite 2100

Houston, TX 77002

Ms. Beth Anne Harding Miller

Richardson, Stoops, Richardson & Ward

518 East Tyler Street 

Athens, TX 75751

RE:Case Number:  04-0414

Court of Appeals Number:  02-03-00069-CV

Trial Court Number:  49,823

Style:THE HEARST CORPORATION D/B/A THE HOUSTON CHRONICLE PUBLISHING COMPANY AND EVAN MOORE

v.

JACK SKEEN, JR., DAVID E. DOBBS AND ALICIA CASHELL

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed per curiam opinion and judgment in the above-referenced cause.  

Sincerely,

Andrew Weber, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 04-0414Page 2**
Exhibit 10.20
 SECOND AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE
 Amendment" Investor Company" Party Parties 
 1.
    
    Amendment of Note. The Parties hereby agree to amend that certain Promissory Note,
dated March 26, 2010, made and issued by the Company to Investor under that certain Note and
Warrant Purchase Agreement dated as of March 26, 2010, which Promissory Notes were amended and
restated on November 15, 2010 and amended on January 14, 2011 (as amended, restated,
supplemented or otherwise modified from time to time, the Note), as follows: the phrase
June 30, 2011 in subclause (i) of Section 4 of the Note is hereby deleted in its entirety
and replaced with September 30, 2011.
 2.
    
    Survival. Except as expressly modified hereby, all of the provisions of the Note
remain in full force and effect and shall be unaffected by this Amendment.
 3.
    
    Execution in Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original but all of which together will
constitute one and the same instrument. This Amendment or any counterpart may be executed and
delivered by facsimile or email with scan attachment copies or pdf, each of which shall be
deemed an original.
 Signature Page Follows
  1




---



##### 



COMPANY:VIA PHARMACEUTICALS, INC.By: /s/ Karen S. WrightName: Karen S. WrightTitle: VP Finance, ControllerAddress:VIA Pharmaceuticals, Inc.750 Battery Street, Suite 330San Francisco, California 94111Attention: Vice President, ControllerFacsimile: (415) 283-2214Electronic mail:Karen.Wright@viapharmaceuticals.com
 [Signature page to Note Amendment]




---



##### 



INVESTOR:BAY CITY CAPITAL FUND IV CO-INVESTMENT FUND, L.P.,By: Bay City Capital Management IV LLC, itsgeneral partnerBy: Bay City Capital LLC, its managerBy: /s/ Fred CravesName: Fred CravesTitle: Managing DirectorAddress:Bay City Capital Fund IV, L.P.750 Battery Street, Suite 400San Francisco, California 94111Attention: Managing DirectorFacsimile:Electronic mail:
 [Signature page to Note Amendment]
Exhibit 99.6



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002



I, Perry Ing, Chief Financial Officer of Mountain Province Diamonds
Inc. (the “Company”), hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | 1. | the Annual Report on Form 40-F of the Company for the year ended December 31, 2016 (the “Annual Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



| | By:    | /s/ Perry Ing          
| | ------ | -----------------------
| |        |                        
| | Name:  | Perry Ing              
| | Title: | Chief Financial Officer
| | Date:  | March 28, 2017         



This written statement is being furnished
to the Securities and Exchange Commission as an exhibit to the Company’s Annual Report on Form 40-F. A signed original of
this statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.



This certification accompanies this Annual
Report on Form 40-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such
Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933,
as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.