alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case No. 9,163.

#### MARTIN v. KERCHEVAL et al.

[4 McLean. 117.] 1

Circuit Court, D. Michigan.

June Term, 1846.

Notes — Assignment—Consideration—Bona Pide Holder.

1. A note in the hands of an assignee is prima facie evidence of the amount of the consideration paid by the assignee.

2. But the assignor, when sued, may prove what was paid.

3. This evidence can not be set up by the maker of the note, in the hands of a bona fide holder.

4. If the payee of the note paid no consideration, and the assignee paid none, the maker may show a want of consideration.

[Spit by Martin against Kercheval and For-sythe.]

Douglass & Duffield, for plaintiff.

Mr. Bates, for defendants.

OPINION OP

THE COURT.

This action is brought by the plaintiff, as indorsee against the defendants as indorsers, of a promissory note. A judgment was obtained against the maker of the note by the Bank of Michigan, to whom the note was assigned in 1841. After this the counsel, Mr. Douglass, says he filled up the blank indorsement against the defendants. Notice to the defendants was proved to have been duly given by the bank.

A question is made whether, as between the indorser and indorsee, the consideration can be proved? The face of the note is prima facie evidence of the consideration paid on its negotiation. But this is only prima facie. The defendants may show an entire want of consideration, or that a small sum only was paid. This evidence could not be given by the maker. Por he is bound to pay the face of the note, at whatever discount it may have been purchased by the holder. When a note has been reduced to judgment, its negotiability ceases; but questions may arise between the other parties to the note, if the maker becomes insolvent If, indeed, the note was given without consideration, and was indorsed by the payee without consideration, the maker would not be precluded from showing these facts, by way of defense, to a suit brought by the assignee. But where the note, in the ordinary course of business, has been negotiated for a valuable consideration, the maker is bound for the face of the note.

It is alleged that the plaintiff has no interest in the note, and consequently can not maintain this action. The indorsement shows that his name is on the note, and the filling up makes him the legal holder of it. The indorsement having been made long before the judgment against the maker, it was a promise to pay the holder of the paper, who had a right to fill up the blank at any time, provided that legal steps were taken against the maker. This was the only condition of liability by the defendants, to any subsequent bona fide holder of the note. The presumption is in favor of the holder, and that the filling up related back to the time of the indorsement But no hardship is imposed on the defendants, as they are permitted to go into the consideration between them and the plaintiff.

The jury found a verdict for the plaintiff, on which a judgment was entered.
Exhibit 31.2


CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO


SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I, Mary Beth Verdigets, Executive Vice President and Chief Financial Officer of First NBC Bank Holding Company, certify that:


|   |                                                                                       
|-- | --------------------------------------------------------------------------------------
|1. | I have reviewed this Amendment No. 1 on Form 10-K/A of First NBC Bank Holding Company;

|   |                                                                                                                                                                                                                                                                                                           
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | Based on my knowledge, this 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. | [Omitted]

|   |          
|-- | ---------
|4. | [Omitted]

|   |          
|-- | ---------
|5. | [Omitted]

Date: June 17, 2015/s/ Mary Beth VerdigetsMary Beth VerdigetsExecutive Vice President and Chief Financial Officer
No. 41910.

#### Protest 985145-G of Butler Bros. (New York).

Opinion by

Sullivan, J.

It was stipulated that the merchandise consists of harmonicas the same as those the subject of Abstract 40586. The claim as musical instruments at 40 percent under paragraph 1541 was sustained.
**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 Z Holdings Group, Inc. FKA BigTime Acquisition, Inc., a Delaware corporation (the “Company”), on Form 10-K, as amended for the  fiscal yearending August 31, 2012 as filed with the U.S. Securities and Exchange Commission on the date hereof (the“Report”), I, Scot Scheer, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my 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 allmaterial respects, the financial condition and results                       of operations of the Company.

 

 

 

 

 

*    /s/ Scot Scheer*

                                                                                                                   Scot Scheer

                                                                                                                   Chief Executive Officer

Date: February 26,2013                                                                                           Chief Financial Officer
exv10w4









Exhibit 10.4




DEUTSCHE BANK TRUST COMPANY AMERICAS

60 WALL STREET

NEW YORK, NEW YORK 10005




May 21, 2008




Wellman, Inc.

1041 521 Corporate Center Drive

Fort Mill, South Carolina 29715

Attention: Chief Financial Officer

and Treasurer and Chief Accounting Officer




Re: Wellman, Inc. Credit Agreement dated as of February 27, 2008




     Reference is hereby made to that certain Credit Agreement, dated as of February 27, 2008, by
and among Wellman, Inc. (the “Funds Administrator”) and the other Borrowers party thereto,
as debtors and debtors in possession, as Borrowers, the Lenders from time to time party thereto,
Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, the
“Administrative Agent”) and Collateral Agent, and the other agents signatory thereto (as
amended, restated, supplemented, or otherwise modified from time to time, the “Credit
Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the
meanings assigned to such terms in the Credit Agreement.



     The undersigned Administrative Agent, on behalf of the Majority Lenders, hereby consents to
the Funds Administrator’s request that Section 9.1(i)(xvi) of the Credit Agreement be modified by
replacing the text “on or before June 5, 2008” therein with the text “on or before June 19, 2008”.
Except as expressly amended hereby, the Credit Agreement continues in full force and effect and
the amendment set forth above shall be limited precisely as written.



[signature page follows]




 









 





	 	 	 	 	 	 	 
	 	 	Very truly yours,	 	 
	 
	 	 	 	 	 	 
	 	 	DEUTSCHE BANK TRUST COMPANY	 	 
	 	 	AMERICAS, as Administrative Agent	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Marguerite Sutton
	 	 
	 

	 	 	 	 	 	 
	 

	 	Title:
	 	Director	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Enrique Landaeta	 	 
	 

	 	 	 	 	 	 
	 

	 	Title:
	 	Vice President	 	 






	 	 	 	 	 
	Acknowledged and agreed as of	 	 
	This 22 day of May, 2008	 	 
	 
	 	 	 	 
	WELLMAN, INC.	 
	 
	 	 	 	 
	By: 

Title:

	 	/s/ Keith R. Phillips
 

Chief Financial Officer
	 	 






Signature Page to Consent
# C_2007183EN.01002403.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/24 |
| --- | --- | --- | --- |

4.8.2007

EN

Official Journal of the European Union

C 183/24

---

Action brought on 12 June 2007 — Commission of the European Communities v Portuguese Republic

(Case C-284/07)

(2007/C 183/43)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Caeiros and D. Kukovec, acting as Agents)

Applicant:

Defendant: Portuguese Republic

Defendant:

Form of order sought

| — | principally, declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Commission Directive 2005/51/EC (1) of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under the first paragraph of Article 3 of Directive 2005/51/EC; |
| --- | --- |

—

principally, declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Commission Directive 2005/51/EC (1) of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under the first paragraph of Article 3 of Directive 2005/51/EC;

1

| — | or, declare that, by failing in any event to communicate those provisions to the Commission, the Portuguese Republic has failed to fulfil its obligations under that same provision; |
| --- | --- |

—

or, declare that, by failing in any event to communicate those provisions to the Commission, the Portuguese Republic has failed to fulfil its obligations under that same provision;

| — | order the Portuguese Republic to pay the costs. |
| --- | --- |

—

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed expired on 31 January 2006.

---

(1)  OJ 2005 L 257, p. 127.

1

---
Case No. 9,158.

#### MARTIN v. BURNS.

[Nowhere reported; opinion not now accessible.]
Ex-10.2






Exhibit 10.2




FIRST AMENDMENT TO THE LIFEPOINT HOSPITALS, INC.

AMENDED AND RESTATED 1998 LONG-TERM INCENTIVE PLAN




RECITALS:




     WHEREAS, LifePoint Hospitals, Inc. (the “Corporation”) established the LifePoint Hospitals,
Inc. Amended and Restated 1998 Long-Term Incentive Plan (the “Plan”) through which the Corporation
may award incentives based on the common stock of the Corporation (the “Common Stock”) to
employees, consultants and independent contractors of the Corporation and its affiliates;



     WHEREAS, the Corporation desires to amend the Plan to (i) increase the number of shares of
Common Stock that may be subject to awards granted under the Plan and (ii) increase the limit on
the number of shares of Common Stock that may be granted under the Plan pursuant to certain types
of awards; and



     WHEREAS, the stockholders of the Corporation approved this Amendment to the Plan in the annual
meeting of the Corporation on May 13, 2008;



     NOW, THEREFORE, the Plan is hereby amended as follows, effective May 13, 2008:


1. The provisions of Section 3.1 are hereby deleted in their entirety and the following provisions
are inserted in their place:




     3.1 Number of Shares. Subject to the following provisions of this Section
3, the aggregate number of shares of Common Stock that may be issued pursuant to all
Awards under the Plan is 15,725,000 shares of Common Stock; provided, however, that no
more than 2,825,000 of such shares of Common Stock may be issued pursuant to
Performance Awards, Restricted Stock Units and Restricted Stock Awards in the
aggregate. The shares of Common Stock to be delivered under the Plan will be made
available from authorized but unissued shares of Common Stock or issued shares that
have been reacquired by the Corporation. To the extent that an Award is forfeited, the
            shares of Common Stock covered thereby will no longer be charged against the foregoing
maximum share limitations and may again be made subject to Awards under the Plan
pursuant to such limitations.



     Except as otherwise set forth herein, all other terms and provisions of the Plan shall remain
in full force and effect.



     IN WITNESS WHEREOF, the Corporation has caused this First Amendment to the LifePoint
Hospitals, Inc. Amended and Restated 1998 Long-Term Incentive Plan to be duly executed and
delivered as of the 13th day of May, 2008.



	 	 	 	 	 
	 	LIFEPOINT HOSPITALS, INC.

 	 
	 	By:  	/s/ John Bumpus	 
	 	 	Executive Vice President and	 
	 	 	Chief Administrative Officer
August 3, 1955

A. R. D. 62.

#### *United States*v. *Kobe Import Co.*

REHEARING MOTION DENIED

Entered at New York, N. Y. A. R. D. 60. Motion by appellee
Exhibit 32.4

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

Pursuant to 18
U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Digital Realty Trust, L.P. (the Operating Partnership) hereby certifies, to such officers knowledge, that:

(i) the accompanying Annual Report on Form 10-K of the Operating Partnership for the year ended December 31, 2010
(the Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii) the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Operating Partnership at the dates and for the periods indicated.

Dated: February 25, 2011

/S/    A. WILLIAM STEINA. William SteinChief Financial Officer Digital Realty Trust, Inc., sole general partner of Digital Realty Trust,
L.P.


Pursuant to Securities and Exchange Commission Release 33-8238, dated June 5, 2003, this
certification is being furnished and shall not be deemed filed by the Operating Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any registration statement of the
Operating Partnership filed under the Securities Act of 1933, as amended.

A signed original of this written statement
required by Section 906 has been provided to the Company and will be retained by the Operating Partnership and furnished to the Securities and Exchange Commission or its staff upon request.
Before the First Division,

June 6, 1960

No. 64265.

protest 59/139 (New York).

#### Grosfeld House, Inc. *v.*United States,

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of headboards similar in all material respects to those the subject of Abstract 61224, the claim of the plaintiff was sustained.
[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Page 2505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-664]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-233-001]


Occidental Power Services, Inc.; Notice of Filing

January 11, 2007.
    Take notice that on January 10, 2007, Occidental Power Services, 
Inc. tendered for filing an amendment to its November 17, 2006 rate 
schedule amendment filing.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible online at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#db9d9e899894b5b7b2b5be88aeababb4a9af9bbdbea9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="c68083948589a8aaafa8a395b3b6b6a9b4b286a0a3b4a5e8a1a9b0">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on January 17, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-664 Filed 1-18-07; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 32.1
 CERTIFICATION
PURSUANT TO 18 U.S.C. 1350
  1.
    
    The quarterly report on Form 10-Q of NeuStar, Inc. for the quarter ended
September 30, 2008 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and2.
    
    Information contained in such quarterly report on Form 10-Q fairly presents, in
all material respects, the financial condition and results of operations of NeuStar,
Inc.
 November 10, 2008
    
    By:
    
    /s/ Jeffrey E. Ganek

Jeffrey E. GanekChief Executive OfficerNovember 10, 2008
    
    By:
    
    /s/ Jeffrey A. Babka

Jeffrey A. BabkaChief Financial Officer
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title:****Threatened and thriving in theMonterey Bay National Marine Sanctuary: leatherback turtle and sea nettle**
 
8.5 x 11 Front
8.5 x 11 Back
11 x 14 Front
11 x 14 Back
 
SuDoc:C 55.22/3:T 41/TURTLE
Item Number:0250-F (online)
CGP systemNumber:000914375
 
November 20, 2017
#### F. W. Woolworth Co. *v.*United States

No. 6331.

Entry No. C-1368, etc.

Invoices dated Hanley, England, September 23, 1941, etc.

Certified September 29, 1941, etc.

Entered at Philadelphia, Pa., November 15, 1941, etc.

(Decided August 23, 1946)

*Sharretts & Hillis*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Keefe, Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> It is hereby stipulated and agreed, subject to the approval of the court, that the merchandise consisting of earthenware and chinaware and the issues in the appeals for reappraisement listed in the attached schedule are the same in all material respects as the merchandise and issues decided in *United States*v. *Wm. S. Pitcairn Corp.,*Suit No. 4513, C. A. D. 334, and that the record in said case may be incorporated herein.

> It is further stipulated and agreed that the appraised value of the merchandise, consisting of earthenware and chinaware involved in each of the cases enumerated *293in the attached schedule, less the additions made by the importer on entry because of advances by the appraiser in similar cases, is equal to the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities in the ordinary course of trade, for exportation to the United States, and that the foreign value of such or similar merchandise is no higher.

> It is further stipulated and agreed that these cases may be submitted on the foregoing stipulation.

On tbe agreed facts I find tbe export value, as that value is defined in section 402 (d) of tbe Tariff Act of 1930, to be the proper basis for tbe determination of tbe value of tbe earthenware and chinaware here involved, and that such values are tbe appraised values, less tbe additions made by tbe importer on entry because of advances by tbe appraiser in similar cases. Insofar as tbe appeals relate to all other merchandise they are hereby dismissed.

Judgment will be rendered accordingly.