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

No. 5777.

#### Mary Healey *v.*Joel Richman.

Argued June 4, 1969.

Decided June 30, 1969.

*Joseph J. Betley*(orally), for Mary Healey.

*Clifford f. Ross*(orally), for Joel Richman.

Per curiam.

This is a bastardy action in which an agreement of settlement was filed by the parties and approved by the Court. The settlement provided for the immediate payment of certain expenses and a weekly order for support of the child, $1,000 of the expenses were paid by the defendant immediately by means of a release of bail money. On June 22, 1967 some two weeks after the settlement defendant filed a motion to rescind the agreement. This motion was denied after hearing by the Trial Court *(Dunfey,*J.) who reserved and transferred defendant’s exception.

Defendant, 27 years old, was present with his father on June 7, 1967, the date the original action had been set down for hearing. Defendant’s then counsel of record intended to withdraw *440from the case because of a dispute with the defendant. Superior Court Rule 9 would not permit such a withdrawal except by leave of court since the case had been assigned for trial. No motion for either permission to withdraw or for a continuance was filed but defendant and his father entered into negotiations with counsel for the plaintiff. Counsel of record for the defendant was present but did not participate in the negotiations which culminated in the agreement filed.

Defendant appeared pro se at the hearing on the motion to set aside the setdement agreement and the Trial Court heard his testimony together with that of plaintiff’s counsel and defendant’s former counsel. Defendant argued that he had signed the settlement under duress and that therefore it should be set aside. The sole issue presented here is whether the evidence was such as to compel a finding contrary to that made by the Trial Court. *Bee*v. *Chicopee Mfg. Corp.,*94 N. H. 478.

The Trial Court was not required to accept as accurate the testimony of the defendant but even if accepted his evidence would not require a finding of duress. Defendant argues that because of his dispute with his counsel and the possibility that he might not obtain a continuance but be required to proceed without counsel left him in a poor bargaining position. It is well settled that the fact one party to a settlement is negotiating under adverse conditions does not constitute duress. *Morrill*v. Bank, 90 N. H. 358, 364. Plaintiff’s counsel was not chargeable with defendant’s dispute with his counsel and duress is not thus established.

*Exception overruled.*
Exhibit 32.1

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 quarterly report of Prosperity Bancshares, Inc. (the Company) on Form 10-Q for the period ending March 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, David Zalman, 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:



|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 operating results of the Company.
|-- |  | ------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ David Zalman       
|David Zalman           
|Chief Executive Officer
|May 9, 2008
```

[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Page 75626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30779]

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

DEPARTMENT OF ENERGY

Environmental Management Site-Specific Advisory Board, Portsmouth

AGENCY: Department of Energy (DOE).

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Environmental 
Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The 
Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires 
that public notice of this meeting be announced in the Federal 
Register.

DATES: Thursday, January 10, 2013, 6:00 p.m.

ADDRESSES: Ohio State University, Endeavor Center, 1862 Shyville Road, 
Piketon, Ohio 45661.

FOR FURTHER INFORMATION CONTACT: Greg Simonton, Alternate Deputy 
Designated Federal Officer, Department of Energy Portsmouth/Paducah 
Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-
3737, Greg.Simonton@lex.doe.gov.

SUPPLEMENTARY INFORMATION:
    Purpose of the Board: The purpose of the Board is to make 
recommendations to DOE-EM and site management in the areas of 
environmental restoration, waste management and related activities.

Tentative Agenda

 Call to Order, Introductions, Review of Agenda
 Approval of November Minutes
 Deputy Designated Federal Officer's Comments
 Federal Coordinator's Comments
 Liaisons' Comments
 Presentations
 Administrative Issues
 Subcommittee Updates
 Public Comments
 Final Comments from the Board
 Adjourn

    Public Participation: The meeting is open to the public. The EM 
SSAB, Portsmouth, welcomes the attendance of the public at its advisory 
committee meetings and will make every effort to accommodate persons 
with physical disabilities or special needs. If you require special 
accommodations due to a disability, please contact Greg Simonton at 
least seven days in advance of the meeting at the phone number listed 
above. Written statements may be filed with the Board either before or 
after the meeting. Individuals who wish to make oral statements 
pertaining to agenda items should contact Greg Simonton at the address 
or telephone number listed above. Requests must be received five days 
prior to the meeting and reasonable provision will be made to include 
the presentation in the agenda. The Deputy Designated Federal Officer 
is empowered to conduct the meeting in a fashion that will facilitate 
the orderly conduct of business. Individuals wishing to make public 
comments will be provided a maximum of five minutes to present their 
comments.
    Minutes: Minutes will be available by writing or calling Greg 
Simonton at the address and phone number listed above. Minutes will 
also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC, on December 17, 2012.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2012-30779 Filed 12-20-12; 8:45 am]
BILLING CODE 6450-01-P
```
#### Catherine Bannister, Appellant, *v.*Michigan Mutual Life Insurance Company, Respondent.

*Bannister*v. *Michigan Mut. L. Ins. Oo.,*132 App. Div. 898, affirmed.

(Argued January 29, 1909;

decided February 9, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered. December 3, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover upon a policy of life insurance.

*Le Roy Parker*and *William J. Hickey*for appellant.

*Ralph S. Kent*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett and Chase, JJ. Absent: Hiscock, J.
#### Bertha Schafhaus, Appellant, *v.*The Coney Island and Gravesend Electric Railway Company et al., Respondents

*Sohafhaus*v. *Coney Island & C. Electric By. Co.,*130 App. Div. 890, affirmed.

(Submitted October 35, 1909;

decided November 9, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to enjoin the operation of a street surface railroad upon the ground that a portion of the street upon which defendants’ tracks were laid had been legally closed.

*Benjamin G. Pashus*and *Sydney Bernheim*for appellant.

*John L. Wells*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscook and Chase, JJ.
Exhibit 99.2

                    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, Lawrence L. Bartlett, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Amnis Systems Inc. on Form 10-QSB for the quarterly period ended
September 30, 2002 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such Form 10-QSB fairly presents in all material respects the financial
condition and results of operations of Amnis Systems Inc.

Date: December 19, 2002

/s/ Lawrence L. Bartlett
------------------------
Lawrence L. Bartlett
Chief Financial Officer, Vice President and Secretary
(Principal Financial Officer)




This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.


                                       17
<PAGE>
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Presidential Documents

55991 

Federal Register 

Vol. 71, No. 186 

Tuesday, September 26, 2006 

Title 3— 

The President 

Proclamation 8054 of September 20, 2006 

Gold Star Mother’s Day, 2006 

By The President of the United States of America 

A Proclamation 

Since America’s founding, every generation has produced patriots willing 

to sacrifice for our great Nation. Many of these proud sons and daughters 

have given everything for our freedom, and America has mourned the loss 

of every life. On Gold Star Mother’s Day, we pay special tribute to the 

mothers of those lost while defending our country and extending the blessings 

of liberty to others. 

Gold Star Mothers have long borne the hardships of war with dignity and 

devotion. Through heartbreaking loss and unimaginable grief, they continue 

to support each other through difficult times, stand up for those wearing 

the uniform of the United States, and serve their communities in the best 

traditions of the American spirit. Their strength, compassion, and determination are an inspiration to all and a source of great pride for our Nation. 

America lives in freedom because of the sacrifices of America’s finest citizens 

and of the mothers who raised them. In the words of President Franklin 

D. Roosevelt in 1944, ‘‘There is nothing adequate which anyone in any 

place can say to those who are entitled to display the gold star in their 

windows.’’ Each year, this observance is an opportunity to offer our solemn 

respect to Gold Star Mothers and renew our ongoing pledge that America 

will always remember those who died while wearing the uniform of the 

United States and forever honor their families’ sacrifice. 

The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat. 

1895 as amended), has designated the last Sunday in September as ‘‘Gold 

Star Mother’s Day’’ and has authorized and requested the President to issue 

a proclamation in its observance. On this day, we express our deep gratitude 

to our Nation’s Gold Star Mothers, and we ask God’s blessings on them 

and on their families. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, do hereby proclaim Sunday, September 24, 2006, as Gold Star 

Mother’s Day. I call upon all Government officials to display the flag of 

the United States over Government buildings on this solemn day. I also 

encourage the American people to display the flag and hold appropriate 

ceremonies as a public expression of our Nation’s sympathy and respect 

for our Gold Star Mothers. 


rmajette on PROD1PC67 with MISCELLANEOUS
55992 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day 

of September, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirty-first. 

[FR Doc. 06–8286 

Filed 9–25–06; 8:45 am] 

Billing code 3195–01–P 


rmajette on PROD1PC67 with MISCELLANEOUSGWBOLD.EPS</GPH>
BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of 

Proposed Final Audit Report on 

Conmiittee on Arrangements for the 2012 

Republican National Convention 

CERTIFICATION 

I, Shawn Woodhead Werth, Secretary and Clerk of the Federal Election " 

Commission, do hereby certify that on August 18,2014, the Commission 

decided by a vote of 6-0 to approve the Proposed Final Audit Report on 

Committee on Arrangements for the 2012 R^ublican National Convention, as 

recommended in the Memorandum fiom the Chief Compliance Officer and the 

Audit Division dated August 13,2014. 

Commissioners Goodman, Hunter, Petersen, Ravel, Walther, and Weintraub 

voted affirmatively for the decision. 

Attest: 

A/ sad di 

II Date" ' ' Sha\ Shawn Woodhead Werth 

Secretary and Clerk of the
UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

_________________________________

FREE SPEECH, 

 Plaintiff - Appellant,

v.

FEDERAL ELECTION COMMISSION, 

 Defendant - Appellee.

No. 13-8033

_________________________________

ORDER

_________________________________

Before BRISCOE, Chief Judge, BRORBY, and MURPHY, Circuit Judges.

_________________________________

Appellant’s petition for rehearing is denied.

The petition for rehearing en banc was transmitted to all of the judges of the court 

who are in regular active service. As no member of the panel and no judge in regular 

active service on the court requested that the court be polled, that petition is also denied.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

FILED

United States Court of Appeals

Tenth Circuit

September 30, 2013

Elisabeth A. Shumaker

Clerk of Court

Appellate Case: 13-8033 Document: 01019134162 Date Filed: 09/30/2013 Page: 1
§ 410.1902 Placement Review Panel. ( a ) All determinations to place an unaccompanied child in a secure facility that is not a residential treatment center will be reviewed and approved by ORR federal field staff. An unaccompanied child placed in a restrictive placement may request reconsideration of such placement. Upon such request, ORR shall afford the unaccompanied child a hearing before the Placement Review Panel (PRP) at which the unaccompanied child may, with the assistance of counsel at no cost to the Federal Government, present evidence on their own behalf. An unaccompanied child may present witnesses and cross-examine ORR's witnesses, if such child and ORR witnesses are willing to voluntarily testify. An unaccompanied child shall be provided access at the PRP hearing to interpretation services in their native or preferred language, depending on the unaccompanied child's preference, and in a way they effectively understand. An unaccompanied child that does not wish to request a hearing may also have their placement reconsidered by submitting a written request for a reconsideration along with any supporting documents as evidence. Where the unaccompanied child does not have an attorney, ORR shall encourage the care provider facility to seek assistance for the unaccompanied child from a contracted legal service provider or child advocate.
( b ) The PRP shall afford any unaccompanied child in a restrictive placement the opportunity to request a PRP review as soon as the unaccompanied child receives a Notice of Placement (NOP). ORR shall permit the unaccompanied child or the unaccompanied child's counsel to review the evidence in support of step-up or continued restrictive placement, and any countervailing or otherwise unfavorable evidence, within a reasonable time before the PRP review is conducted. ORR shall also share the unaccompanied child's complete case file apart from any legally required redactions with their counsel within a reasonable timeframe to be established by ORR to assist in the legal representation of the unaccompanied child.
( c ) ORR shall convene the PRP within 7 days of an unaccompanied child's request for a hearing. ORR may institute procedures to request clarification or additional evidence if warranted, or to extend the 7-day deadline as necessary under specified circumstances.
( d ) The PRP shall issue a written decision in the child's native or preferred language within 7 days of a hearing and submission of evidence or, if no hearing or review of additional evidence is requested, within 7 days following receipt of an unaccompanied child's written statement. ORR may institute procedures to request clarification or additional evidence if warranted, or to extend the 7-day deadline as necessary under specified circumstances.
( e ) An ORR staff member who was involved with the decision to step-up an unaccompanied child to a restrictive placement shall not serve as a PRP member with respect to that unaccompanied child's placement.
§ 671.6 Applications for permits. ( a ) *General content of permit applications.* Each application for a permit shall be dated and signed by the applicant, and shall include the following information: ( 1 ) The applicant's name, address and telephone number, the business or institutional affiliation of the applicant, or the name, address and telephone number of the president, principal officer or managing partner of the applicant, as applicable;
( 2 ) A description of the types, expected concentrations and volumes of wastes and designated pollutants to be released in Antarctica; the nature and timing of such releases; arrangements for waste management, including, without limitation, plans for waste reduction, minimization, treatment and processing, recycling, storage, transportation and disposal; arrangements for training and educating personnel to comply with these waste management requirements and procedures, and arrangements for monitoring compliance; and other arrangements for minimizing and monitoring the environmental impacts of proposed operations and activities;
( 3 ) A description of the types, expected concentrations and volumes of designated pollutants to be used in Antarctica; the nature and timing of such uses; the method of storage of designated pollutants; and a contingency plan for controlling releases in a manner designed to minimize any resulting hazards to health and the environment;
( 4 ) The desired effective date and duration of the permit; and
( 5 ) The following certification: “I certify that, to the best of my knowledge and belief, and based upon due inquiry, the information submitted in this application for a permit is complete and accurate. Any knowing or intentional false statement will subject me to the criminal penalties of 18 U.S.C. 1001.”
( b ) *Address to which application should be sent.* Each application shall be in writing, and sent to: Permits Office, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.
( c ) *Sufficiency of application.* The sufficiency of the application shall be determined by the Director. The Director may waive any requirement for information, or require such additional information as he determines is relevant to the processing and evaluation of the application.
( d ) *Publication of permit applications.* The Director shall publish notice in the Federal Register of each application for a permit and the proposed conditions of its issuance (including duration). The notice shall invite the submission by interested parties, the Environmental Protection Agency and other federal agencies, within 30 days after the date of publication of notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a matter of public record.
[58 FR 34719, June 29, 1993, as amended at 59 FR 37438, July 22, 1994]