alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WHEALTON PACKING CO. v. ÆTNA INS. CO.

(Circuit Court of Appeals, Fourth Circuit.

February 18, 1911.)

No. 971.

Insurance (§ 334*) — Fire Policies — Warranty by Insured — Breach—Materiality.

■ Absence of the sole watchman from a boat to secure a change of clothing and' without the owner’s knowledge, during which absence the boat burned, was a material breach of the owner’s warranty, under a fire policy, that the boat should “at all times have a competent watchman on board.”

[Ed. Note. — For other cases, see Insurance, Cent. Dig. § 850; Dec. Dig. § 334.*]

In Error to the Circuit Court of the United States for the District of Maryland, at Baltimore.

Action by the Whealton Packing Company against the ¿Etna Insurance Company.

Judgment for defendant, and plaintiff brings error. Affirmed.

Alonzo D. Miles (Luther E. Mackall, on the brief), for plaintiff in error.

John F. Foley (Foley, Martin & Nelson and Robert H. Smith, on the brief), for defendant in error.

Before PRITCHARD, Circuit Judge, and BRAWLEY and DAYTON, District Judges.

*

For other oases see same topic *&*§ number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

PER CURIAM.

While it may be entirely true that some of the courts of this country have gone too far in holding that the breach of an express warranty in an insurance policy, whether material to the risk or not, whether a loss happened through the breach or not, absolutely determines the policy, we are not called upon to either discuss or determine the question in this case. Here the insured warranted that his boat should “at all times have a competent watchman on board,” and the evidence is undisputed that, while the boat was lying at wharf, the sole watchman aboard went ashore to secure a change of clothing, and while absent the boat caught fire and was consumed. The very fact that his presence at the time was so essentially necessary to put out the fire and prevent the loss clearly demonstrates the insurance company’s right to stand upon the express warranty made in the contract that he would be-there for that purpose. His absence was certainly not immaterial to the risk, and it is a very reasonable presumption that the loss could have been avoided if he had been there performing his duty. It seems clear that the breach.of this warranty by the agent of insured without his knowledge must be held, nevertheless, a violation by the insured with whom alone the company contracted. Norwaysz v. Thuringia Ins. Co., 204 Ill. 334, 68 N. E. 551; Snyder v. Home Ins. Co. (D. C.) 133 Fed. 848, affirmed (C. C. A.) 148 Fed. 1021; Ripley v. Ætna Ins. Co., 30 N. Y. 136, 86 Am. Dec. 362; First Nat. Bank v. Ins. Co. of N. America, 50 N. Y. 45; Ryan v. Prov. Wash. Ins. Co., 79 App. Div. 316, 79 N. Y. Supp. 460.

The judgment of the court below must be affirmed.
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 this Report on Form 10-Q
of Summit Financial Services Group, Inc. (the Company), for the quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report ), I,
Marshall T. Leeds, Chairman, Chief Executive Officer and President of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

|                                                            
|------------------------------------------------------------
|                                                            
|/s/ Marshall T. Leeds                                       
|Marshall T. Leeds                                           
|Chairman of the Board, Chief Executive Officer and President
|Dated: November 16, 2009
EXHIBIT 32.2


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


In connection with the Annual Report of SecureLogic Corp. (the "Registrant") on
Form 10-KSB for the annual period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Tomer
Nahum, Chief Financial Officer of the Registrant, certify, in accordance with 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, to which this certification is attached as Exhibit
                  32.2, fully complies with the requirements of section 13(a) 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 Registrant




Dated: April 13, 2006                     /s/ Tomer Nahum
                                          --------------------------------
                                          Tomer Nahum
                                          Chief Financial Officer



A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be
retained by the Registrant and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which it relates, is not
deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the Registrant under the Securities
Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after
the date of the Form 10-KSB), irrespective of any general incorporation language
contained in such filing.
(Reap. Dec. 8584)

#### Méndez & Cía., Inc. *v.*United States

Entry No. 1711, etc.

(Decided May 18, 1956)

*Luis E. Dubon*for the plaintiff.

*George Cochran Doub,*Assistant Attorney General *(Richard E. FitzGibbon,*trial attorney), for the defendant.

Foed, Judge:

The appeals listed in schedule “A,” hereto attached and made a part hereof, present for decision the question of the proper dutiable value of certain weatherproof hardboard imported from Vancouver, British Columbia, which was appraised at values higher than those at which entered.

At the trial of this case, counsel for the respective parties agreed that the proper dutiable value of the merchandise covered by said appeals was the entered value, I, therefore, find the proper dutiable *574value of the merchandise covered by these appeals to be the value at which entered. Judgment will he rendered accordingly.
#### Charles Stanford, *Respondent and Appellant, v.*Williston B. Lockwood and others, *Appellants and Respondents.*

Judgment reversed, new trial ordered, costs to abide event. Opinion by Brady, J.
No. 50519.

#### Protests 50217-K, etc., of Alexander & Baldwin, Ltd., et al. (Honolulu) .

Opinion by

Cline, J.

It was stipulated that the merchandise is similar in all material respects to that the subject of *United States*v. *Nippon Co.*(32 C. C. P. A. 164, C. A. D. 303), which record was admitted in evidence herein. In accordance therewith certain items of the merchandise were held entitled to free entry under paragraph 1705 as kelp and other items were held dutiable at 10 percent under paragraph 1540 as seaweeds, manufactured.
1

The Honorable Ronald E. Longstaff, Chief Judge, United States District Court

for the Southern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 05-1562

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Southern District of Iowa.

Jorge Magana-Suarez, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: March 20, 2006

Filed: March 20, 2006

___________

Before MELLOY, FAGG, and BENTON, Circuit Judges.

___________

PER CURIAM.

Jorge Magana-Suarez (Magana) appeals the 30-month sentence the district

court1

 imposed upon his guilty plea to illegal re-entry after deportation in violation of

8 U.S.C. § 1326(a). Magana’s counsel has moved to withdraw and filed a brief under

Anders v. California, 386 U.S. 738 (1967), questioning the reasonableness of the

sentence (which was at the top of the advisory Sentencing Guidelines range) in light

of Magana’s cultural assimilation.
-2-

We conclude the sentence is not unreasonable. See United States v. Haack, 403

F.3d 997, 1004 (8th Cir.) (standard of review), cert. denied, 126 S. Ct. 276 (2005).

The district court calculated the Guidelines imprisonment range and took that range

into account, along with other 18 U.S.C. § 3553(a) factors and Magana’s culturalassimilation argument, in determining the sentence. See United States v. Booker, 543

U.S. 220, 260-62 (2005) (§ 3553(a) factors will guide reasonableness review). 

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we

find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and

we affirm.

______________________________
No. 50117.

#### Protests 72601-K, etc., of Bullocks, Inc., et al. (Los Angeles, etc.).

Opinion by

Tilson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
No. 49740.

#### Protests 30595-K, etc., of Abercrombie & Fitch Co. et al. (New York).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Before the Second Division,

December 28, 1938

No. 40245.

#### Protest 957505-G/88052 of Chicago Mail Order Co. (Chicago).

Opinion by

Tilson, J.

On the record presented the gloves in question were held dutiable at 60 percent under paragraph 915 plus 10 cents per pound on the cotton contained therein under paragraph 924.
No. 40242.

#### Protests 708006-G, etc., of International Milling Co. et al. (Buffalo).

Opinion by

Evans, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
June 21, 1938

No. 38919.

#### Protests 747451-G, etc., of Adincourt & Co. et al.

Abstract 36916. Plaintiffs’ application for rehearing granted as to one protest.
Exhibit 32.8

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Winton Series, a Series of The Frontier Fund on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission
on the date hereof (the Report), each of the undersigned hereby certifies, to the best of his knowledge:



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



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



|                                                                                                                                             
|---------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                           
|Robert J. Enck                                                                                                                               
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of the Winton Series, a Series of The Frontier Fund
|                                                                                                                                             
|/s/ Brent Bales                                                                                                                              
|Brent Bales                                                                                                                                  
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of the Winton Series, a Series of The Frontier Fund              

Date: November 11, 2010
Exhibit 32


CERTIFICATION OF CHIEF EXECUTIVE OFFICER


AND PRINCIPAL FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SS. 1350 ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of American development & Investment Fund, Inc. (the "Company") on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Gary D. Lewis, Chief Executive Officer
and Roger Tannery, principal financial officer, 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 result of operations of the Company.





April 15, 2010





/s/ Gary D. Lewis


________________________


Gary D. Lewis


Chief Executive Officer








/s/ Roger Tannery


________________________


Roger Tannery


Principal Financial Officer
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED BY**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Rockwood Specialties Group, Inc.(the “Company”) on Form 10-Q for the period ended September 30, 2010as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I,Robert J. Zatta, Senior Vice President and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.   TheReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date:  November 5, 2010                       |   |
|----------------------------------------------------|--------|
|                                               |   |
| /s/ ROBERT  J. ZATTA                          |   |
| Robert  J. Zatta                                   |   |
| Senior  Vice President and Chief Financial Officer |   |

 

 

Thiscertification accompanies this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company forpurposes of Section 18 or any other provision of the Securities ExchangeAct of 1934, as amended.

 

Asigned original of this written statement required by Section 906 or otherdocument authenticating, acknowledging or otherwise adopting the signature thatappears in typed form within the electronic version of this written statementrequired by Section 906, has been provided to the Company and will be retainedby the Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

1

----
EX-10.6(a)



 Exhibit 10.6(a) 
 June 1, 2014 
 Aspect Capital Ltd. 
 10 Portman Square 
 London W1H 6AZ, 
 U.K 
 Attention: Mr. Anthony Todd, CEO 

Re: Management Agreement Renewals 
 Dear Mr. Todd: 
 We are writing with respect to your management agreements concerning the
commodity pools to which reference is made below (the “Management Agreements”). We are extending the term of the Management Agreements through June 30, 2015 and all other provisions of the Management Agreements will remain unchanged.

  

	 	•	 	 Global Diversified Futures Fund L.P. 


  

	 	•	 	 Diversified 2000 Futures Fund L.P. 


  

	 	•	 	 Tactical Diversified Futures Fund L.P. 


  

	 	•	 	 CMF Aspect Master Fund L.P. 


  

	 	•	 	 Institutional Futures Portfolio LP 


  

	 	•	 	 Global Futures Fund Ltd. 


  

	 	•	 	 MSMF Custom Solutions Fund L.P. 


 Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Mrs. Alice Lonero at the address above or fax to 212-296-6868. If you have any
questions I can be reached at 212-296-1304. 
 Very truly yours, 

 

					
	 CERES MANAGED FUTURES LLC
	 	
			
	By:	 	 /s/ Alice Lonero
	 	
		 	 Alice Lonero
	 	
		 	 Chief Financial Officer 
  

ASPECT CAPITAL LTD.
	 	
			
	By:	 	 /s/ AJ. Todd 
	 	
		 	Print Name: AJ. Todd	 	

 AL/sr
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 Annual Report of PATRIOT NATIONAL BANCORP, INC. (the Company) on Form 10-K/A for the year ended
December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Kenneth T. Neilson and William C. Gray, the Chief Executive Officer and the Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(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.



/s/ Kenneth T. NeilsonKenneth T. NeilsonChief Executive Officer/s/ William C. GrayWilliam C. GrayChief Financial Officer


April 30, 2013

A signed original of this written statement required by Section 906 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.

The foregoing certification is being furnished to the Securities and Exchange Commission and shall not be considered
filed as part of the Report.
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United States District Court

Eastern District of California 

Donnell Kinnard,

Plaintiff, No. Civ. S 04-2472 FCD PAN P

vs. Order

David Runnels, et al.,

Defendants.

-oOoMarch 11, 2005, the court dismissed the complaint with leave

to amend within 60 days. Plaintiff has not filed an amended

complaint or otherwise responded to that order. Good cause

appearing, plaintiff shall, within 10 days of service of this

order, file an amended complaint. Otherwise this case will be

dismissed without prejudice. Local Rule 11-110; Fed. R. Civ. P.

41(b). 

So ordered.

Dated: May 26, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-cv-02472-FCD-PAN Document 7 Filed 05/26/05 Page 1 of 1
Exhibit 31.1
 
 Certification Pursuant to Section
13a-14 of the Securities Exchange Act of 1934 of Tony Philipp (UpSNAP Chairman
of the Board and Chief Executive Officer)
 
 I, Tony
Philipp, certify that:
 
 1.  I have
reviewed this report on Form 10-QSB for the quarter ended December 31, 2007 of
UpSNAP, Inc. (“registrant”);
 
 2.  Based on
my knowledge, the report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;
 
 3.  Based on
my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the
periods presented in this report;
 
 4.  The
registrant's other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the registrant and have:
 
 a)  Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;
 
 b)  Evaluated
the effectiveness of the registrant's disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and
 
 c)  Disclosed
in this report any change in the registrant’s internal control over financial
reporting that occurred during the registrant’s most recent fiscal quarter (the
registrant’s fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and
 
 5.  The
registrant's other certifying officer and I have disclosed, based on our most
recent evaluation, to the registrant's auditors:
 
 a)  All
significant deficiencies and material weaknesses in the design or operation of
internal controls which are reasonably likely to adversely affect the
registrant’s ability to record, process, summarize and report financial
information (all of which do not apply); and
 
 b)  Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls (all of which do
not apply).
 
 Date:
February 14, 2008
 
 
 /s/ Tony
Philipp
 Tony
Philipp
 Chairman
of the Board and Chief Executive Officer
 (Principal
Executive Officer)
#### Jason Fusaro, an Infant, by His Parent and Natural Guardian, Mario Fusaro, et al., Plaintiffs, v Sunnydale Estates, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Well-Built Construction Corp., Third-Party Defendant-Appellant.

[634 NYS2d 387]

—In an action to recover damages for personal injuries, etc., the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 30, 1994, as granted the third-party plaintiffs’ cross motion for summary judgment against it on the issue of common-law indemnification.

Ordered that the order is affirmed insofar as appealed from, with costs.

*415The evidence clearly establishes that the owner and the general contractors of the construction project where the infant plaintiff was injured neither controlled nor supervised the construction procedures or safety measures employed by the third-party defendant, the subcontractor. Thus, they are entitled to common-law indemnification from the third-party defendant *(see, McNair v Morris Ave. Assocs., 203*AD2d 433; *Edlin v Glinsky,*154 AD2d 648; *see also, Kelly v Diesel Constr. Div.,*35 NY2d 1). Bracken, J. P., O’Brien, Ritter, Friedmann and Goldstein, JJ., concur.