alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.****1**

 

**CERTIFICATION OF****Principal Executive Officer**

**CERTIFICATION OF****Principal Financial Officer**

**CERTIFICATION OF EXECUTIVE DIRECTOR**

**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 Digital Brands Media and Marketing Group, Inc. (the “Company”) on Form 10-K/A for the periods ending August 31, 2018, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Linda Perry, Executive Director, Principal Executive Officer, Principal Financial 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 results of operations of the Company.

 

 

| Date: April 22, 2019 | */s/ Linda Perry*                                                            |
|----------------------|------------------------------------------------------------------------------|
|                 | Linda Perry                                                                  |
|                 | Principal Executive Officer

Principal Financial Officer

Executive Director |
TTL

Vag’ O35.

Bank of the Northwest is a $170 million bank located in Portland, Oregon.
We participate in the TT&bL depositary program, generally carrying 4 maximum
balance of about $10 million. The proposal to change the rate to an
overnight repo rate would probably result in a decision on our part to
terminate participation in the program.

There are numerous dealers that are willing to do business with us in the
repo market for our securities. The process of pledging loans, however, to
the Fed is somewhat onerous, costly, and maintenance-intensive. The lower
funding rate (Fed Funds less 25 basis points) compensates for these costs on
our part. However, if the rates are increased to the overnight repo rate,
then the overall cost of the program would likely become unattractive in
comparison to other funding options. We believe many other banks would
concur with us on this point.

Mark Coffey, Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILLIP WALLACE, et al. : Date of 

: Notice: December 3, 2003

:

Plaintiffs : Civil Action No. 02-4150

:

vs. :

:

EQUICREDIT, et al., :

:

Defendants :

NOTICE

TAKE NOTICE that the above-entitled case has been set for a Hearing re: Motion of Plaintiff’s

Counsel for Leave to Withdraw in the United States District Court, United States Courthouse, 601

Market Street, Philadelphia, Pennsylvania, on Thursday, January 8, 2004 at 10:30 a.m. before the

Honorable James McGirr Kelly, in Courtroom 4B.

PLAINTIFF’S COUNSEL IS DIRECTED TO NOTIFY HIS CLIENTS OF SAID HEARING

BY FIRST CLASS U.S. MAIL, POSTAGE PREPAID AND SUPPLY THEM WITH A

CERTIFICATE OF SERVICE.

ALL PARTIES ARE DIRECTED TO REPORT TO THE COURTROOM ON THE DATE

AND TIME STATED ABOVE.

Very truly yours,

Sharon A. Hall

Deputy Clerk to Judge James McGirr Kelly

(267) 299-7569

[] THIS PROCEEDING IS BEING RESCHEDULED FROM

Notice to: Robert P. Cocco, Esquire

Peter F. Giamporcaro, Esquire

Case 2:02-cv-04150-JK Document 14 Filed 12/03/2003 Page 1 of 1
|Exhibit 32.1
|------------

CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies in his capacity as Chief Executive Officer of Belair Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended March 31, 2007 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                        
|   



|Date: July 13, 2007
|-------------------



| | /s/ Thomas E. Faust Jr.
Thomas E. Faust Jr.
Chief Executive Officer
| | -------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.

31
rN My

VA WwW
GLACIER BANCORP, INC a
49 Commons Loop, Kalispell, MT 59901 watt (406) 756-4200

Use

August 23, 1999

Cynthia L. Johnson, Director

Cash Management Policy and Planning Division
Financial Management Service, Room 420

401 14th Street Sw,

Washington, D.C. 20227

Re: Proposed amendment to Treasury Tax and Loan Rate of Interest
Dear Ms Johnson;

If the proposed change in the interest rate to be charged on TT&L
depository note balance, direct investment, and special direct
investment programs is adopted our subsidiary banks will drop from
the program and use the remittance option on deposits.

The benefit to using the note option for TT&L deposits; and the
direct investment program has been the less expensive fed funds
minus 25 basis points interest rate. If the rate is increased to
a rate that approximates the fed funds rate the benefit to
participation is largely lost. With the volatility in the amount
of funds placed with our banks through the direct investment
program, and the need to maintain collateral sufficient to cover
the maximum balance we might hold at any time, we find the loss of
use of collateral for other purposes a definite drawback to
participation. If the interest rate no longer is sufficiently
attractive the disadvantages outweigh the benefits.

If a different index is desired we believe it should be at a level
that approximates the current fed funds minus 25 basis points.

Sincerely,

Wl trae

James H. Strosahl
Executive Vice President and CFO
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH JOHNSON and

ALICE JOHNSON

:

:

: CIVIL ACTION NO. 02-CV-4216

Plaintiffs, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant GlaxoSmithKline PLC.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04216-RB Document 7 Filed 09/11/2002 Page 1 of 1
# C_2017086EN.01002203.xml

| 20.3.2017 | EN | Official Journal of the European Union | C 86/22 |
| --- | --- | --- | --- |

20.3.2017

EN

Official Journal of the European Union

C 86/22

---

Order of the President of the Court of 21 November 2016 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — FMS Wertmanagement AöR v Heta Asset Resolution AG

(Case C-394/16) (1)

1

(2017/C 086/29)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 419, 14.11.2016.

1

---
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          55,621
<SECURITIES>                                         0
<RECEIVABLES>                                  991,490
<ALLOWANCES>                                         0
<INVENTORY>                                     73,001
<CURRENT-ASSETS>                             1,120,112
<PP&E>                                       3,821,237
<DEPRECIATION>                                 243,492
<TOTAL-ASSETS>                               4,697,857
<CURRENT-LIABILITIES>                          376,460
<BONDS>                                        597,985
<PREFERRED-MANDATORY>                              437
<PREFERRED>                                          0
<COMMON>                                        30,385
<OTHER-SE>                                   3,692,590
<TOTAL-LIABILITY-AND-EQUITY>                 4,697,857
<SALES>                                      3,836,038
<TOTAL-REVENUES>                             3,836,038
<CGS>                                        2,765,173
<TOTAL-COSTS>                                2,765,173
<OTHER-EXPENSES>                               683,623
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              48,184
<INCOME-PRETAX>                                339,058
<INCOME-TAX>                                   111,048
<INCOME-CONTINUING>                            228,010
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   228,010
<EPS-BASIC>                                     (0.01)
<EPS-DILUTED>                                   (0.01)


</TABLE>
No. 60409.

protests 282380-K and 287268-K (Los Angeles).

#### Modern Food Products Company and Frank P. Dow Co., Inc. *v.*United States,

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of sazae similar in all material respects to the commodity involved in *Pacific Mutual Sales Co.*v. *United States*(36 Cust. Ct. 100, C. D. 1758), the claim of the plaintiffs was sustained.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

November 19, 2014

t1112 

# Order

Clerk November 19, 2014

148056 & (21)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 148056

COA: 316467

Wayne CC: 08

- 009312

- FC

DAVID ROARK,

Defendant

- Appellant.

_________________________________________/

By order of February 28, 2014, the defendant’s previously appointed appellate

counsel was directed to file a supplemental brief. On order o f the Court, the brief having

been received, the application for leave to appeal the October 25, 2013 order of the Court

of Appeals is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting

leave to appeal, we REMAND this case to the Court of Appeals for consideration of the

defendant’s May 29, 2013 delayed application for leave to appeal as on leave granted.

Because the defendant waited more than five months before filing an untimely request for

the appointment of appellate counsel, the de fendant is not entitled to review under the

standard applicable to direct appeals. However, the defendant’s previously appointed

appellate attorney failed to comply with Administrative Order 2004

- 6, Minimum

Standards for Indigent Criminal Appellate Defens e Services, Standard 5. Counsel did not

seek to withdraw pursuant to Anders v California, 386 US 738; 87 S Ct 1396; 18 L Ed 2d

493 (1967). Therefore costs are imposed against the attorney, only, in the amount of

$1,000 to be paid to the C lerk of this Cou rt.

We do not retain jurisdiction.
No. 67771.

#### Young’s Market Co. *v.*United States,

protests 58/21075 and 59/2891 (Los Angeles).

*316Opinion by

Donlon, J.

It was stipulated that tbe facts and issues herein are similar in all material respects to those involved in *United States*v. *Browne Vintners Co., Inc.*(34 CCPA 112, C.A.D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited, it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found. The protests were sustained to this extent.
No. 61739.

#### Garod Radio Corporation *v.*United States,

protest 310371-K (New York).

Opinion by

Richardson, J.

In accordance with rule 5 (b) of the rules of this court, as amended, the protest was dismissed for lack of prosecution.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARIE RACKLEY and

ROBERT H. RACKLEY

:

:

: CIVIL ACTION NO. 02-CV-4118

Plaintiffs, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant GlaxoSmithKline PLC.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04118-JCJ Document 6 Filed 09/11/2002 Page 1 of 1
January 2015 to January 2016 Schedule

For Treasury-Disbursed Recurring Benefit Payments

Settlement Dates

Agency Jan’15 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan’16

OPM Office of Personnel Management

Civil Service Retirement/Annuity

1/2** 2/2** 3/2** 4/1 5/1 6/1 7/1 8/3** 9/1 10/1 11/2** 12/1 1/4**

RRB Railroad Retirement Board 

Railroad Retirement/Annuity

1/2** 2/2** 3/2** 4/1 5/1 6/1 7/1 8/3** 9/1 10/1 11/2** 12/1 1/4**

VA Department of Veterans Affairs 

Compensation and Pension

12/31* 1/30* 2/27* 4/1 5/1 6/1 7/1 7/31* 9/1 10/1 10/30* 12/1 12/31*

SSA Social Security Administration 

3rd of Month

1/2* 2/3 3/3 4/3 5/1* 6/3 7/3 8/3 9/3 10/2* 11/3 12/3 12/31*

SSA 

Cycle -2 2nd Wednesday

1/14 2/11 3/11 4/8 5/13 6/10 7/8 8/12 9/9 10/14 11/10* 12/9 1/13

SSA

Cycle -3 3rd Wednesday

1/21 2/18 3/18 4/15 5/20 6/17 7/15 8/19 9/16 10/21 11/18 12/16 1/20

SSA

Cycle -4 4th Wednesday

1/28 2/25 3/25 4/22 5/27 6/24 7/22 8/26 9/23 10/28 11/25 12/23 1/27

SSI 

Supplemental Security Income

12/31* 1/30* 2/27* 4/1 5/1 6/1 7/1 7/31* 9/1 10/1 10/30* 12/1 12/31*

DOL-Black Lung

(Legacy Payments)

1/2* 2/3 3/3 4/3 5/1* 6/3 7/3 8/3 9/3 10/2* 11/3 12/3 12/31*

DOL – Black Lung

(New Enrollees)

1/15 2/13* 3/13* 4/15 5/15 6/15 7/15 8/14* 9/15 10/15 11/13* 12/15 1/15

.

* = Settlement Date Adjusted to the Preceding Business Day

** = Settlement Date Adjusted to the Following Business Day

Prepared by the U. S. Department of the Treasury/Bureau of the Fiscal Service January 2015
No. 49945.

#### Protests 966587-G, etc., of Chong Sing & Co. et al. (San Francisco).

Opinion by

Cline, J.

It was stipulated that the merchandise is similar in all

material respects to that the subject of Abstract 42516. The claim at 20 percent under paragraph 1558 was therefore sustained.
Payment Collection RIA SIA Zero Dollar Total

May 2016 24,855 81,633 2,737 110 - 109,335

June 2016 26,400 82,735 2,691 89 1 111,916

July 2016 31,007 84,575 2,623 78 1 118,284

Totals 82,262 248,943 8,051 277 2 339,535

 -

 50,000

 100,000

 150,000

 200,000

 250,000

 300,000

 350,000

 400,000

# of transactions

Transaction Type

IPAC Transaction Count

May 2016

June 2016

July 2016

Totals
Crist ICR Daily Heat Input (Fuel Based) Data Summary 

 (includes Coal, Oil and Gas)

Crist 4 Crist 5 Crist 6 Crist 7 Total 4-7

TOTAL TOTAL TOTAL TOTAL TOTAL

ADJ ADJ ADJ ADJ ADJ

DATE MMBTU MMBTU MMBTU MMBTU MMBTU

04/01/2010 0 11631 0 69342 80973

04/02/2010 0 12051 4411 70844 87307

04/03/2010 0 13603 30834 23638 68076

04/04/2010 0 13755 45780 0 59534

04/05/2010 0 14054 51642 0 65696

04/06/2010 0 12332 38051 0 50383

04/07/2010 0 13915 47107 30967 91990

04/08/2010 0 12302 22141 80513 114955

04/09/2010 0 11512 0 65597 77109

04/10/2010 0 11796 0 71288 83084

04/11/2010 0 11604 0 75473 87077

04/12/2010 0 12784 0 84586 97370

04/13/2010 0 12533 0 80835 93368

04/14/2010 0 12068 0 77385 89453

04/15/2010 0 13380 0 89257 102637

04/16/2010 0 12129 0 81332 93462

04/17/2010 0 11832 0 80172 92004

04/18/2010 0 13064 0 87925 100989

04/19/2010 0 11738 0 68473 80211

04/20/2010 0 11528 0 67699 79227

04/21/2010 0 11498 0 79385 90883

04/22/2010 0 12354 0 76811 89165

04/23/2010 5749 12956 0 84324 103029

04/24/2010 12723 12148 3382 73134 101388

04/25/2010 13350 12455 37534 76675 140014

04/26/2010 10627 11498 36360 70285 128771

04/27/2010 14592 15802 47538 90491 168423

04/28/2010 15840 16647 54712 90069 177267

04/29/2010 9822 11810 34944 66967 123544

04/30/2010 0 13332 38721 79724 131778

TYD Month 2949163
Case 2:04-cv-03282-JF Document 140 Filed 09/11/06 Page 1 of 2
Case 2:04-cv-03282-JF Document 140 Filed 09/11/06 Page 2 of 2
IV 

115TH CONGRESS 

2D SESSION H. RES. 968 

Providing for consideration of the bill (H.R. 1902) to protect our Social 

Security system and improve benefits for current and future generations. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2018 

Mr. LARSON of Connecticut (for himself, Ms. SPEIER, Mr. COURTNEY, Ms. 

DELAURO, Mr. CARBAJAL, Ms. LOFGREN, Mr. SIRES, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Mr. LAMB, Mr. CAPUANO, Mr. PASCRELL, Ms. 

SA ́NCHEZ, Mr. RUIZ, Mr. SOTO, Mr. PERLMUTTER, Mr. KILDEE, Mr. 

YARMUTH, Mr. CLYBURN, Mr. VARGAS, Mr. HIGGINS of New York, Mr. 

CARTWRIGHT, Ms. GABBARD, Mr. DAVID SCOTT of Georgia, Mr. EVANS, 

Mr. JEFFRIES, Mr. RASKIN, Mr. POCAN, Mr. BLUMENAUER, Mr. 

HUFFMAN, Ms. CASTOR of Florida, Mr. BEYER, Mr. TONKO, Mr. BEN

RAY LUJA ́N of New Mexico, Ms. MATSUI, Mr. THOMPSON of California, 

Mr. DESAULNIER, Mr. MCNERNEY, Ms. VELA ́ZQUEZ, Mr. ESPAILLAT, 

Mr. TED LIEU of California, Mr. GOMEZ, Mrs. NAPOLITANO, Mr. VELA, 

Mr. BERA, Mr. PRICE of North Carolina, Mr. PANETTA, Mr. NORCROSS, 

Mr. LAWSON of Florida, Mr. CA ́RDENAS, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. AGUILAR, Mr. GRIJALVA, Mr. CARSON of Indiana, Mr. BRADY of Pennsylvania, Ms. ESTY of Connecticut, and Ms. 

ESHOO) submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for consideration of the bill (H.R. 1902) to protect 

our Social Security system and improve benefits for current and future generations. 

1 Resolved, That upon adoption of this resolution it 

2 shall be in order to consider in the House the bill (H.R. 


pbinns on DSK79D2C42PROD with BILLS
2 

•HRES 968 IH 

1 1902) to protect our Social Security system and improve 

2 benefits for current and future generations. All points of 

3 order against consideration of the bill are waived. The bill 

4 shall be considered as read. All points of order against 

5 provisions in the bill are waived. The previous question 

6 shall be considered as ordered on the bill and on any 

7 amendment thereto to final passage without intervening 

8 motion except: (1) one hour of debate equally divided and 

9 controlled by Mr. Larson of Connecticut and an opponent; 

10 and (2) one motion to recommit. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
----

|   |                                                                                                                                                                                                                                          |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | I, George M. Hare, Chief Financial and Principal Accounting Officer of Innotrac Corporation (the “Company”), certify, pursuant to 18 U.S.C. § 1350 as adopted by § 906 of the Sarbanes-Oxley Act of 2002, that:         |
|   |                                                                                                                                                                                                                                          |
| (1)    | the Quarterly Report on Form 10-Q of the Company for the three and nine months ended September 30, 2009 (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.                                                                                          |

|   | Dated: November 16, 2009                               |   |
|--------|--------------------------------------------------------|--------|
|   |                                                   |   |
|   | /s/ George M. Hare                                     |   |
|   | George M. Hare                                         |   |
|   | Chief Financial Officer (Principal Accounting Officer) |
##### 



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 EnergySouth, Inc. (the Company) Quarterly Report
on Form 10-Q for the period ending June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, John S. Davis,
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, 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, 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: February 13, 2003 |  | By: /s/ John S. Davis                              
|                        |  |                                                    
|                        |  | John S. Davis
President and
Chief Executive Officer

26
No. 64031.

protest 207758-K (Minneapolis).

#### McKesson & Robbins, Inc. *v.*United States,

Opinion by

Richardson, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *R. C. Williams & Co., Inc.*(40 C.C.P.A. 130, C.A.D. 508), and *Austin, Niohols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C.D. 1155), the claim of the plaintiff was sustained.