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

No. 5160.

#### Fidelity & Casualty Company *v.*Robert E. LePage *& a.*

Argued February 4,1964.

Decided April 24, 1964.

*328Booth, *Wadleigh, langdell, Starr & Peters*and *Robert F McGinnis {Mr. McGinnis*orally), for the plaintiff.

*Broderick, Craig & Bourque {*by brief) for the claimants Gerald Labrie, adm’r of the estate of Anthony Labrie, and Patrick Cassidy, adm’r of the estate of Roland Cassidy.

Kenison, C.J.

A bill of interpleader is a proper and appropriate remedy to pursue where the insurance proceeds are inadequate to satisfy pending claims. It enables a liability insurer to effect a ratable allocation of the proceeds of its policy among all the claimants in order to avoid any contention of negligence, bad faith or preferential treatment on its part in making a settlement with any of the claimants. *Travelers Ind. Co.*v. *N. E. Box Co.,*102 N. H. 380, 387; Keeton, Preferential Setdement of Liability-Insurance Claims, 70 Harv. L. Rev. 27, 40 (1956).

*329The claimants now concede they have no valid claim for interest because the liability insurer has either paid the agreed allocation to the parties or deposited the amounts in court. *Powell*v. *T.A. & C. Taxi Co.,*104 N. H. 428. While no formal decree was made, the allocation received the implied sanction of the Trial Court and is binding on all of the parties. *Burtman*v. *Butman,*94 N. H. 412, 415. This leaves only the question whether the claimants are entitled to costs.

Taxable costs in this jurisdiction are a combination of ancient history, ancient statutes and anachronisms. RSA ch. 525. The need for overhaul is long overdue. Abbey, Taxation of Costs in New Hampshire, 5 N. H. Bar J. 114 (1963). In 1842, in 1935 and in 1964 provisions for counsel lees allowable as taxable costs have been and continue to be totally unrealistic. RSA 525:13. As McCormick pointed out in 1935, exclamation point included: “In New Hampshire, counsel fees may be taxed in the sum of $1!” McCormick, Damages 236 (1935). *Jacques*v. *Company,*78 N. H. 248. Although taxable costs are a small item, the claimants insist on their right to collect them in this case. The fact that the costs may exceed the policy limit is immaterial. *Powell*v. *T.A. & C. Taxi Co., supra.*

Of course the parties by agreement or stipulation may settle a claim for a definite amount which is in effect a waiver of costs. But there is no waiver in the present case and the claimants are entitled to them whatever their amount may be. The claimants are prevailing parties within the meaning of RSA 525:1 and upon judgment are entitled to recover their taxable costs in the law actions brought against the plaintiff’s assured. See *Bean*v. *Brackett,*35 N. H. 88; Annot. 76 A.L.R. 2d 983, 995 *(s.*8). Note, Use of Taxable Costs to Regulate the Conduct of Litigants, 53 Colum. L. Rev. 78 (1953).

*Remanded.*

All concurred.
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

Convened January 3, 1991 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Monday, October 28, 1991 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
Calendar 

No. 

1 

11 

12 

13 

Calendar 

No. 

Treaty 

Doc. No. 

EX. B .. 95-l 

102-11 

102-12 

102-9 

Message 

No. 

1 

TREATIES 

Subject 

Two Related Protocols to the Convention for 

the Unification of Certain Rules Relating 

to International Carriage by Air, as 

Amended (Montreal Aviation Protocols No. 3 

and 4). 

International Convention on Oil Pollution 

Preparedness, Response and Cooperation, 

1990 

International Convention on Salvage, 1989 

Convention for a North Pacific Marine 

Science Organization (PI CES). 

NOMINATIONS 

Nominee, Office. And Predecessor 

Reported 

By 

Feb 5 91 Reported favorably 

by Mr. Pell, Committee on 

Foreign Relations, with a 

resolution of advice and 

consent to ratification 

with provisos. (Printed 

report--Ex. Rept. 102-1 

together with minority 

views). 

Oct 8 91 Reported favorably 

by Mr. Pell, Committee on 

Foreign Relations, with a 

resolution of advice and 

consent to ratification 

without amendment. 

(Printed report--Ex. Rept. 

102-16). 

Oct 8 91 Reported favorably 

by Mr. Pell, Committee on 

Foreign Relations, with a 

resolution of advice and 

consent to ratification 

without amendment. 

(Printed report-- Ex. 

Rept. 102-17). 

Oct 16 91 Reported 

favorably by Mr. Pell, 

Committee on Foreign 

Relations, with a 

resolution of advice and 

consent to ratification 

without amendment 

(Printed report--Ex. Rept. 

102-18). 

Reported 

Bv 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

FEDERAL RESERVE SYSTEM 

* 292 161 Lawrence B. Lindsey, of Virginia, to be a Aug 29, 91 Mr. Riegle, 

Member of the Board of Governors of the Committee on Banking, 

Federal Reserve System for the unexpired Housing, and Urban Affairs, 

term of fourteen years from February 1, with printed report with 

1986, vice Manuel H. Johnson, resigned. additional views - Ex.Rept. 

102-14. 

CENTRAL INTELLIGENCE 

339 427 Robert M. Gates, of Virginia, to be Oct 24, 91 Mr. Boren, Select 

Director of Central Intelligence, vice Committee on Intelligence, 

William H. Webster. with printed report with 

additional views - Ex.Rept. 

102-19. 

[NEW REPORTS] 

UNITED STATES INTERNATIONAL 

TRADE COMMISSION 

* 340 73 Carol T. Crawford, of Virginia, to be a Oct 25, 91 Mr. Bentsen, 

Member of the United States International Committee on Finance, 

Trade Commission for the term expiring without printed report. 

June 16, 1999, vice Alfred E. Eckes, Jr., 

term expired. 

* 341 184 Janet A. Nuzum, of Virginia, to be a Member Do. 

of the United States International Trade 

Commission for the remainder of the term 

expiring June 16, 19%, vice Ronald A. 

Cass reshmed. .. , *S1gmf1es nom1nee s commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate. 

-

-
Exhibit 99.1

     Statement Under Oath of Principal Executive Officer Regarding Facts and
                 Circumstances Relating to Exchange Act Filings


I, Robert C. Pohlad state and attest that:

     (1) To the best of my knowledge, based upon a review of the covered reports
         of PepsiAmericas, Inc., and, except as corrected or supplemented in a
         subsequent covered report:

         o   no covered report contained an untrue statement of a material fact
             as of the end of the period covered by such report (or in the case
             of a report on Form 8-K or definitive proxy materials, as of the
             date on which it was filed); and

         o   no covered report omitted to state a material fact necessary to
             make the statements in the covered report, in light of the
             circumstances under which they were made, not misleading as of the
             end of the period covered by such report (or in the case of a
             report on Form 8-K or definitive proxy materials, as of the date on
             which it was filed).

     (2) I have reviewed the contents of this statement with the PepsiAmericas'
         Audit Committee.

     (3) In this statement under oath, each of the following, if filed on or
         before the date of this statement, is a "covered report":

         o  Annual Report on Form 10-K of PepsiAmericas, Inc., for the fiscal
            year ended December 29, 2001, filed on March 25, 2002;

         o  all reports on Form 10-Q, all reports on Form 8-K and all definitive
            proxy materials of PepsiAmericas, Inc., filed with the Commission
            subsequent to the filing of the Form 10-K identified above; and

         o  and amendments to any of the foregoing.





                                                Subscribed and sworn to
----------------------------------              before me this ____ day of
Name:  Robert C. Pohlad                         ______________ 2002.
Date:

                                                Notary Public

                                                My Commission Expires:
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

Convened January 3, 1991 FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Tuesday, July 9, 1991 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

TREATIES 

Calendar Treaty Subject Reported 

No. Doc. No. By -

1 EX. B., Two Related Protocols to the Convention for Feb 5 91 Reported favorably 95-1 the Unification of Certain Rules Relating by Mr. Pell, Committee on 

to International Carriage by Air, as Foreign Relations, with a 

Amended (Montreal Aviation Protocols No. 3 resolution of advice and 

and 4). consent to ratification 

with provisos. (Printed 

report--Ex. Rept. 102-1 

together with minority 

views). 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

DEPARTMENT OF STATE 

* 80 139 David Floyd Lambertson, of Kansas, a Career May 7, 91 Mr. Pell, 

Member of the Senior Foreign Service, Committee on Foreign 

Class of Minister-counselor, to be Relations, without printed 

Ambassador Extraordinary and report. 

Plenipotentiary of the United States of 

America to the Kingdom of Thailand. 

DEPARTMENT OF DEFENSE 

* 190 316 Nancy Patricia Dorn, of Texas, to be an Jun 19, 91 Mr. Warner, 

Assistant Secretary of the Army, vice Committee on Armed 

Robert W. Page, Sr .• resigned. Services, without printed 

reno rt. .. *Stgn!ftes nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

Convened January 3, 1991 FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Wednesday, June 5, 1991 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

RESOLUTIONS 

Calendar Ex. Res. Subject Reported 

No. No. Bv 

1 104 Resolution (executive) relating to the Apr 18 91 Reported by Mr. 

return to the President of certain treaty Pell, Committee on Foreign 

amendments. Relations. 

Apr 23 91 Printed report 

filed (Exec. Reot. 102-3). 

TREATIES 

Calendar Treaty Subject Reported 

No. Doc. No. Bv 

1 EX. B., Two Related Protocols to the Convention for Feb 5 91 Reported favorably 

95-1 the Unification of Certain Rules Relating by Mr. Pell, Committee on 

to International Carriage by Air, as Foreign Relations, with a 

Amended (Montreal Aviation Protocols No. 3 resolution of advice and 

and 4). consent to ratification 

with provisos. (Printed 

report--Ex. Rept. 102-1 

together with minority 

views). 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

DEPARTMENT OF STATE 

* 80 139 David Floyd Lambertson, of Kansas, a Career May 7, 91 Mr. Pell, 

Member of the Senior Foreign Service, Committee on Foreign 

Class of Minister-counselor, to be Relations, without printed 

Ambassador Extraordinary and report. 

Plenipotentiary of the United States of 

America to the Kine:dom of Thailand. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
EX-10.2





 Exhibit 10.2 

Cellular Biomedicine Group, Inc. 
 209 Perry Parkway,
Suite 13 
 Gaithersburg, MD 20877 USA 
 Attention: Andrew Chan

 August 11, 2020 

Amendment Letter 
 Dear Sirs, 

 

	1.	 We, Winsor Capital Limited, a company incorporated under the laws of the British Virgin Islands (the
“Lender”), refer to: 


  

	 	(a)	 a US$16,000,000 bridge loan agreement dated January 28, 2020 entered into between Cellular Biomedicine
Group, Inc. as borrower (the “Borrower”) and the Lender (the “Loan Agreement”); and 


  

	 	(b)	 a convertible promissory note issued by CBMG in favor of the Lender pursuant to the terms of the Loan
Agreement, dated January 30, 2020 (the “Promissory Note”). 


  

	2.	 Unless otherwise defined in this Letter, words and expressions defined in the Loan Agreement shall have the
same meanings when used in this Letter. 


  

	3.	 Pursuant to Section 5.7 (Amendment) of the Loan Agreement and Clause 9 (Modification;
Waiver) of the Promissory Note, with effect from the date hereof: 


  

	 	(a)	 Loan Agreement: the following paragraph shall be inserted as Section 1.4 into the Loan
Agreement: 


 “Notwithstanding anything to the contrary contained in this Agreement, each tranche of the Loan under
this Agreement shall only become due and payable on the earlier of (i) August 7, 2021, and (ii) the occurrence of an Event of Default (as defined in the Note) for so long as such Event of Default has not been remedied by the end of
the applicable grace period as set out in Section 6 of the Note.” 
  

	 	(b)	 Promissory Note: the definition of “Maturity Date” in the Promissory Note shall
be amended and restated as follows: 


 “Maturity Date” means the earlier of: 

 

	 	(i)	 August 7, 2021; and 



 

	 	(ii)	 the occurrence of an Event of Default (as described in Section 6 below) for so long as such Event of
Default has not been remedied by the end of the applicable grace period as set out in Section 6. 


  

	4.	 Save as amended by this Letter, the provisions of the Loan Agreement and the Promissory Note shall continue in
full force and effect. 


  

	5.	 References in the Loan Agreement to “this Agreement” and references in the Promissory Note to
“this Note” shall, unless the context otherwise requires, be construed as references to the Loan Agreement and the Promissory Note as amended by this Letter, respectively. 















	6.	 The provisions of Section 5 (Miscellaneous) of the Loan Agreement, except Section 5.2
(Entire Agreement), shall be deemed to be incorporated in this Letter in full, mutatis mutandis. 



[Signature page follows] 

  
 2 













 Please sign, date and return the enclosed copy of this Letter to signify your acceptance and acknowledgement
of its terms and conditions. 
  

	
	 Yours truly,

	
	 WINSOR CAPITAL LIMITED

as Lender

	
	 /s / Ming Li

	 Name: Ming Li

	 Title: Director



 [Signature Page to Amendment Letter] 













	
	 Agreed and accepted:

	
	CELLULAR BIOMEDICINE GROUP, INC.
as Borrower
	
	 /s/ Andrew Chan

	 Name: Andrew Chan

	 Title: Chief Legal Officer


 [Signature Page to Amendment Letter]
United States Court of Appeals

for the Fifth Circuit

No. 20-60879

Summary Calendar

Osbel Perez Mantilla, 

Petitioner,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A201 966 413

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

Osbel Perez Mantilla, a native and citizen of Cuba, petitions us for 

review of a decision of the Board of Immigration Appeals denying his claims 

for asylum and withholding of removal. He argues that the harm he suffered 

should have been found to be past persecution and that this harm makes his 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 12, 2022

Lyle W. Cayce

Clerk

Case: 20-60879 Document: 00516316936 Page: 1 Date Filed: 05/12/2022
No. 20-60879

2

fear of future persecution reasonable. Perez Mantilla has abandoned his 

claim for relief under the Convention Against Torture by failing to brief it. 

See Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004).

We review factual findings for substantial evidence and questions of 

law de novo. Lopez-Gomez v. Ashcroft, 263 F.3d 442, 444 (5th Cir. 2001). The 

substantial-evidence standard applies to review of decisions denying asylum

and withholding of removal. Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 

2005). This standard requires that the BIA’s conclusion be based on the 

evidence presented and that its decision be substantially reasonable. Sharma 

v. Holder, 729 F.3d 407, 411 (5th Cir. 2013). Under this standard, remand is 

improper unless the evidence compels a contrary conclusion. CarbajalGonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996). 

We are not compelled to find that the harm Perez Mantilla describes 

is persecution. See Abdel-Masieh v. INS, 73 F.3d 579, 584 (5th Cir. 1996). We 

are also not compelled to find that the general arguments Perez Mantilla 

offers prove that his fear of persecution is objectively reasonable when the IJ 

offered specific reasons. See Lopez-Gomez, 263 F.3d at 445. The other

arguments Perez Mantilla offers regarding the other asylum and withholding 

elements need not be addressed here as the claims can not succeed without 

persecution or fear of future persecution. INS v. Bagamasbad, 429 U.S. 24, 

25-26 (1976). 

DENIED.

Case: 20-60879 Document: 00516316936 Page: 2 Date Filed: 05/12/2022
EXHIBIT
32.1





Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


(18
U.S.C. Section 1350)








In
connection with the quarterly report of Heartland, Inc. (the "Company") on Form
10-Q for the quarterly period ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Terry
Lee, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:





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





·
            The
      information in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.





Date:
November 16, 2009





/s/
      Terry Lee


Chief
Executive Officer and Chairman


(Principal
Executive Officer)
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARTIN MORENO RUIZ,

Plaintiff

- Appellant,

v.

MIGUEL MARQUEZ MARQUEZ,

Guanajuato State Governor; et al.,

Defendants

- Appellees. No. 20

- 16962

D.C. No. 2:20

- cv

- 01094

- DWL

ESW

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

Dominic Lanza, District Judge, Presiding

Submitted June 21 , 2021 * *

Before: SILVERMAN

, WATFORD , and BENNETT , Circuit Judges.

Martin Moreno Ruiz appeals pro se from the district court’s judgment

dismissing his action for lack of subject matter jurisdiction . We have jurisdiction

under 28 U.S.C. § 1291. We review de novo. Carolina Cas. Ins. Co. v. Team

Equip., Inc. , 741 F.3d 1082, 1086 (9th Cir. 2014). We affirm.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 30 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 16962

The district court properly dismissed Ruiz’s action because Ruiz failed to

satisfy his burden of establishing subject matter jurisdiction. See Ashoff v. City of

Ukiah , 130 F.3d 409, 410 (9th C ir. 1997) (the plaintiff has the burden of

establishing subject matter jurisdiction); see also Fed. R. Civ. P. 12(h)(3) (“ If the

court determines at any time that it lacks subject

- matter jurisdiction, the court must

dismiss the action. ”); Valdez v. Allstate Ins. Co. , 372 F.3d 1115, 1116 (9th Cir.

2004) ( the court is obligated to consider sua sponte whether it has subject matter

jurisdiction).

The district court did not abuse its discretion by denying Ruiz’s motion for

reconsideration b ecause Ruiz fai led to establish any basis for such relief. See Sch.

Dist. No. 1J, Multnomah County , Or. v. ACandS, Inc. , 5 F.3d 1255, 1262

- 63 (9th

Cir. 1993) (setting forth standard of review and grounds for reconsideration).

We reject as without merit Ruiz’s contention that the district court engaged

in misconduct

.

AFFIRMED.
§ 1168.600 Semi-annual compilation. ( a ) The head of each agency shall collect and compile the disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the information contained in the disclosure reports received during the six-month period ending on March 31 or September 30, respectively, of that year.
( b ) The report, including the compilation, shall be available for public inspection 30 days after receipt of the report by the Secretary and the Clerk.
( c ) Information that involves intelligence matters shall be reported only to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection.
( d ) Information that is classified under Executive Order 12356 or any successor order shall be reported only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives or the Committees on Armed Services of the Senate and the House of Representatives (whichever such committees have jurisdiction of matters involving such information) and to the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection.
( e ) The first semi-annual compilation shall be submitted on May 31, 1990, and shall contain a compilation of the disclosure reports received from December 23, 1989 to March 31, 1990.
( f ) Major agencies, designated by the Office of Management and Budget (OMB), are required to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives no later than with the compilations due on May 31, 1991. OMB shall provide detailed specifications in a memorandum to these agencies.
( g ) Non-major agencies are requested to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives.
( h ) Agencies shall keep the originals of all disclosure reports in the official files of the agency.
Date of 

report 

1969 

Oct. 7 

7 

7 

I 

I 

71 

- -

iruutr nf t4t luitt~ itutrs 

NINETY-FIRST CONGRESS 

FIRST SESSION {Convened January 3, 1969 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, ExecutiveQerk 

Wednesday, October 8, 1969 

NOMINATIONS 

Calendlll' Message Name of nominee Otlice Predeceasor 

No. No. 

AMBASSADORS 

635 697 Clinton E. Knox, of New Ambassador Extraordinary 

York, a Foreign Rervice and Plenipotentiary of 

offic~;>r of class 1. the UnitPd Sttttes of 

America to Haiti. 

636 698 Hl'wson A. Ryan, of Ambassador Extraordinary 

l\Iussachuoetts, a and Plenipotentiary of 

Forpign Service infor- the United States of 

mation officer of the America to Honduras. 

class of career mini~ter 

for information. 

637 688 Claude G. Ross, of Cali- Ambassador Extraordinary 

fornia, n Foreign Serv- and Plenipotentiary of 

iCE' officer of the class of the United States of 

career minister. America to the United 

Republic of Tanzania. 

DISTRICT OF COLUMBIA COUNCIL 

638 703 Henry S. Robinson, Jr., A member of the District William S. Thompof the District of Co- of Columbia Council for son, resigned. 

lumbin. I the remainder of the 

I tern1 expiring Feb. 1, 

1970. 

I 

37-022--69--No.90 

U.S. IOVERNIIIK'r PlllHTING DFFIC:E Jill
#### § 51.67 Will a concessioner obtain leasehold surrender interest as a result of repair and maintenance of real property improvements?

A concessioner will not obtain initial or increased leasehold surrender interest as a result of repair and maintenance of real property improvements unless a repair and maintenance project is a major rehabilitation.