alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Smith *versus*Sweetser.

A mortgager of land, whose right of redeeming has been sold on execution, has no rights in the land, until redeemed from the sale.

His acts upon it may be treated as trespasses.

Before the redemption, whether he be in possession or not, he can maintain no action of trespass *quare*against the purchaser for acts done upon the land.

Trespass *quare,*for tearing down a small barn, alleging, in aggravation, the injury to a swine by exposing it to the cold.

*Lowell,*for the plaintiff.

*Thacker,*for the defendant.

Tenney, J.,

orally.—*The plaintiff*mortgaged the land, and his equity of redeeming was sold at a sheriff’s sale to the defendant. The plaintiff was residing on the place. He had been requested by the defendant to remove, but refused to do so. Before the plaintiff redeemed the land, the barn was taken down by the defendant, with a view to constrain the plaintiff to remove. The plaintiff had no rights there. The seizin, which he had had, as mortgager, had passed to the defendant, who could maintain trespass for *every*act which the plaintiff might do upon the land. *Fox*v. *Harding,*21 Maine, 104; *Abbott*v. *Sturtevant,*30 Maine, 40.

That right in the defendant was not impaired by the plaintiff ’s possession, for.that very possession was a trespass. The plaintiff was entitled to redeem within a year from the sheriff’s sale. That gave him no right in the land, till the money should be paid. The fact that he did afterwards redeem, cannot affect the defendant’s rights to do acts upon the land prior to the redemption.

But it is asked, can the plaintiff have no redress for injuries done to the estate before he redeemed it. That point is not before us. Perhaps it would not be too much to say, if he cannot, the' law allows some failure of justice.

For the injury, said to have been done to the swine, *trespass quare clausum fregit*is not the appropriate action.

*Judgment for the defendant.*
# C_2016068EN.01004701.xml

| 22.2.2016 | EN | Official Journal of the European Union | C 68/47 |
| --- | --- | --- | --- |

22.2.2016

EN

Official Journal of the European Union

C 68/47

---

Order of the Civil Service Tribunal of 12 January 2016 — Vermoesen and Herkens v Commission

(Case F-108/15) (1)

1

(2016/C 068/61)

Language of the case: French

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

---

(1)  OJ C 320, 28/9/2015, p. 54.

1

---
---

Summary of Guaranty Contract of Maximum Amount ( the Contract) Entered into by and between BAK International (Tianjin) Ltd. (the Guarantor) and Shenzhen Hi-Tech District Branch,
Industrial Bank CO. LTD (the
Creditor) on December 26, 2010

Main contents:

- Guaranty Contract number: Xingyinshen Gaoxinqu Shouxin (baozheng)zi(2010)014;
- BAK International (Tianjin) Ltd. undertakes to assume joint and several liabilities for
Shenzhen BAK Battery Co., Ltd (the Obligor)s indebtedness towards Industrial Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: Xingyinshen Gaoxinqu Shouxinzi (2010)013) from December 26, 2010
to December 26, 2011, and the maximum amount secured is RMB 62.5 million.
- Guaranty Responsibility: The
guaranty under this Contract shall be guaranty with joint and several
liabilities. The guarantor is obligated to pay off the debt in the event the
obligor is unable to pay off the debt (including the creditor declares the debt
becomes mature in advance to its original expiry date due to default of the
obligor or the guarantor).
- Scope of Guaranty:The guaranty shall cover all of the loan principal, interest, penalty interest,
breach of contract compensation, damages, undertaking fee and all the expenses such as litigation cost, lawyers fee, notification cost and public notice cost etc. which is incurred to the Creditor in realizing its creditors right.
- Guaranty period: The guaranty period is from the effective date of this Contract to two years after the expiry of the term of the Credit Facility Agreement and relevant agreement entered into under the Credit Facility Agreement.

Headlines of the articles omitted:

- Termination and explanation
- Payment on demand
- Declaration and undertaking of the Guarantor
- Obligations of the Guarantor
- Instances of Breach of Contract and its Liability
- Independence of Guarantors obligations
- Continuity of Obligations
- Disputation settlement
- Validity
- Supplement articles

---
IN THE

TENTH COURT OF APPEALS

No. 10-17-00185-CR

CHRISTOPHER K. SCHMOTZER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 85th District Court

Brazos County, Texas

Trial Court No. 09-1287-CRF-85

MEMORANDUM OPINION

Christopher K. Schmotzer, a prison inmate, filed a notice of appeal from an order 

of the trial court granting the State’s motion to release biological evidence. 

The right of appeal in criminal cases is conferred by the Legislature, and a party 

may appeal only from judgments of conviction or interlocutory orders authorized as 

appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 

25.2(a)(2). We do not have jurisdiction to review interlocutory orders unless jurisdiction 

has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 
Schmotzer v. State Page 2

1991). See also Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) ("The 

standard for determining jurisdiction is not whether the appeal is precluded by law, but 

whether the appeal is authorized by law."). The order about which Schmotzer complains 

is not a final conviction, and there is no statutory authorization to appeal the granting of 

a motion to release biological evidence. 

Accordingly, this appeal is dismissed for want of jurisdiction.

Schmotzer’s request for appointment of counsel on appeal is also dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed

Motion dismissed

Opinion delivered and filed June 14, 2017

Do not publish 

[CR25]
<TABLE> <S> <C>

<ARTICLE> 5

<S>                            <C>              <C>               <C>
<PERIOD-TYPE>                     3-MOS            9-MOS             YEAR
<FISCAL-YEAR-END>              DEC-31-1999      DEC-31-1999       DEC-31-1998
<PERIOD-END>                   SEP-30-1999      SEP-30-1999       DEC-31-1998
<CASH>                                  0        2,275,406         3,818,235
<SECURITIES>                            0                0                 0
<RECEIVABLES>                           0           15,000                 0
<ALLOWANCES>                            0                0                 0
<INVENTORY>                             0                0                 0
<CURRENT-ASSETS>                        0        1,599,419         1,490,419
<PP&E>                                  0                0                 0
<DEPRECIATION>                          0                0                 0
<TOTAL-ASSETS>                          0        3,889,825         5,309,233
<CURRENT-LIABILITIES>                   0           15,296            21,551
<BONDS>                                 0                0                 0
<PREFERRED-MANDATORY>                   0                0                 0
<PREFERRED>                             0                0                 0
<COMMON>                                0                0                 0
<OTHER-SE>                              0        3,874,529         5,287,682
<TOTAL-LIABILITY-AND-EQUITY>            0        3,889,825         5,309,233
<SALES>                                 0                0                 0
<TOTAL-REVENUES>                   29,668          218,311                 0
<CGS>                                   0                0                 0
<TOTAL-COSTS>                           0                0                 0
<OTHER-EXPENSES>                   24,831          131,464                 0
<LOSS-PROVISION>                        0                0                 0
<INTEREST-EXPENSE>                      0                0                 0
<INCOME-PRETAX>                     4,837           86,847                 0
<INCOME-TAX>                            0                0                 0
<INCOME-CONTINUING>                     0                0                 0
<DISCONTINUED>                          0                0                 0
<EXTRAORDINARY>                         0                0                 0
<CHANGES>                               0                0                 0
<NET-INCOME>                        4,837           86,847                 0
<EPS-BASIC>                             0                0                 0
<EPS-DILUTED>                           0                0                 0


</TABLE>
# 1–1.ancildata

# 1–2.prod_inj_outside

# 1–3.topdata

# 1–4.lsedata

# 1–5_wilcox_oguic

# 1–6_wilcox_uicwd

# 1–7.method1_2
Exhibit 32



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 National Commerce Financial Corporation (the Company) on Form 10-Q for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the
date hereof (the Report), we, William R. Reed, Jr. and John M. Presley, Chief Executive Officer and Chief Financial Officer, respectively, 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.



|                     |  |  |  |     |  |                          |  |                        
|-------------------- |  |  |  | --- |  | ------------------------ |  | -----------------------
|                     |  |  | 
|Date: August 9, 2004 |  |  |  | By: |  | /s/ WILLIAM R. REED, JR.
|                     |  |  |  |     |  |                          |  | William R. Reed, Jr.   
|                     |  |  |  |     |  |                          |  | Chief Executive Officer



| |  |  |  |  |  |                     |  |                        
| |  |  |  |  |  | ------------------- |  | -----------------------
| |  |  | 
| |  |  |  |  |  | /s/ JOHN M. PRESLEY
| |  |  |  |  |  |                     |  | John M. Presley        
| |  |  |  |  |  |                     |  | Chief Financial Officer
<PAGE>



                                                                  Exhibit 28.4
                     CHASE MANHATTAN AUTO OWNER TRUST 1998-A
                           ANNUAL ISSUER'S CERTIFICATE
                                       of
                            COMPLIANCE WITH INDENTURE

      The undersigned certifies that he is an Authorized Officer of Wilmington
Trust Company, as Owner Trustee for Chase Manhattan Auto Owner Trust 1998-A and
that he is duly authorized to execute and deliver this certificate on behalf of
the Issuer in connection with Section 3.9 of the Indenture between the Issuer
and Norwest Bank Minnesota, National Association, as Indenture Trustee, dated as
of February 1, 1998 (the "Indenture") and the Sale and Servicing Agreement,
dated as of February 1, 1998 (the "Agreement"), among Chase Manhattan Bank USA,
National Association, as Servicer, Chase Manhattan Bank USA, National
Association and The Chase Manhattan Bank, as Sellers, and Wilmington Trust
Company, as Owner Trustee. All capitalized terms used herein without definition
shall have the respective meanings specified in the Indenture and the Agreement.

      The undersigned further certifies that a review of the activities of the
Issuer for the preceding calendar year has been made under his supervision and,
to the best of his knowledge, the Issuer has fulfilled its obligations under the
Indenture for the preceding calendar year.

      IN WITNESS WHEREOF, I have affixed hereto my signature as of this 15th day
of March, 2000.

                        CHASE MANHATTAN AUTO OWNER TRUST 1998-A
                        BY: WILMINGTON TRUST COMPANY, as Owner Trustee



                               /s/ Denise Geran
                               --------------------------------------
                               Name: Denise Geran
                               Title: Financial Services Officer

Chase Manhattan Bank USA, National Association, as Servicer, hereby requests
that Wilmington Trust Company execute the above Issuer's Certificate and deliver
it to Norwest Bank Minnesota, National Association, as Indenture Trustee.

                               CHASE MANHATTAN BANK USA,
                               NATIONAL ASSOCIATION, as Servicer


                               /s/ Jeffrey D. Hammer
                               --------------------------------------
                               Jeffrey D. Hammer
                               Vice President
(Reap. Dec. 8426)

Entry Nos. 1503; 2130; 3981.

#### Geo. S. Bush & Co., Inc. *v.*United States

(Decided May 4, 1955)

*Sharretts, Paley & Carter*for the plaintiff.

*Warren B. Burger,*Assistant Attorney General, for the defendant.

Oliver, Chief 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 by and between the parties hereto that the metal bird cages and stands and the issues in the appeals for reap-praisement listed in Schedule A, hereto attached and made a part hereof, are the same in all material respects as the metal bird cages and stands and the issues decided in *Spratt’s Patent (America), Ltd.*v. *United States,*32 Oust. Ct. 583, R. D. 8285, found at Page 46 of Volume 89 Treasury Decisions Advance Sheets No. 5 and that the record in said case be incorporated with the record herein.

> IT IS FURTHER STIPULATED AND AGREED that there is no foreign, export or United States value (as those values are defined in Section 402 (c), (d) and (e)), for such or similar merchandise and that the statutory cost of production of the subject merchandise is equal to the invoice price less discounts of 2% and 2/2%.

> IT IS FURTHER STIPULATED AND AGREED that these appeals be submitted on this stipulation.

*492On the agreed facts I find the cost of production, as that value is defined in section 402 (f) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was the invoice price, less discounts of 2 per centum and *2}i*per centum, in each instance.

Judgment will be entered accordingly.
Exhibit 32.1



CERTIFICATION



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

(subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code), each of the undersigned officers of United Refining Company, a Pennsylvania corporation (the Company), does hereby certify, to such officers knowledge, that:



The Quarterly Report on Form 10-Q for the quarter ended November 30,
2005 (the Form 10-Q) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.



|                        |  |  |  |     |  |                          |  |                            
|----------------------- |  |  |  | --- |  | ------------------------ |  | ---------------------------
|Dated: January 17, 2006 |  |  |  | By: |  | /s/ John A. Catsimatidis
|                        |  |  |  |     |  |                          |  | John A. Catsimatidis       
|                        |  |  |  |     |  |                          |  | Principal Executive Officer
|                        |  |  | 
|Dated: January 17, 2006 |  |  |  | By: |  | /s/ James E. Murphy     
|                        |  |  |  |     |  |                          |  | James E. Murphy            
|                        |  |  |  |     |  |                          |  | Principal Financial Officer



The foregoing
certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of Form 10-Q or as
a separate disclosure document.



A signed original of this
written statement required by Section 906 has been provided to United Refining Company and will be retained by United Refining Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
EXHIBIT 27 - FINANCIAL DATA SCHEDULE - UNION CARBIDE CORPORATION

THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNION
CARBIDE CORPORATION'S FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000100790
<NAME> UNION CARBIDE CORPORATION
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                             111
<SECURITIES>                                         0
<RECEIVABLES>                                     1058
<ALLOWANCES>                                         0
<INVENTORY>                                        528
<CURRENT-ASSETS>                                  1910
<PP&E>                                            6993
<DEPRECIATION>                                    3698
<TOTAL-ASSETS>                                    6518
<CURRENT-LIABILITIES>                             1441
<BONDS>                                           1295
<PREFERRED-MANDATORY>                              144
<PREFERRED>                                          0
<COMMON>                                           155
<OTHER-SE>                                        1929
<TOTAL-LIABILITY-AND-EQUITY>                      6518
<SALES>                                           4598
<TOTAL-REVENUES>                                  4598
<CGS>                                             3394
<TOTAL-COSTS>                                     3394
<OTHER-EXPENSES>                                   350
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  55
<INCOME-PRETAX>                                    691
<INCOME-TAX>                                       194
<INCOME-CONTINUING>                                497
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       491
<EPS-PRIMARY>                                     3.52
<EPS-DILUTED>                                     3.20
        

</TABLE>
Exhibit 32



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 Amendment No. 1 to the Annual Report of Coventry Health Care, Inc. (the Company) on Form 10-K for
the period ending December 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 30, 2013





| |  |  |  |                                                                 |  |  |  | 
| |  |  |  | --------------------------------------------------------------- |  |  |  | 
| |  |  |  | By: /s/ Allen F. Wise                                          
| |  |  |  | Allen F. Wise                                                   |  | 
| |  |  | 
| |  |  |  | Chief Executive Officer and Chairman                            |  | 
| |  | 
| |  |  |  | By: /s/ Randy P. Giles                                         
| |  |  |  | Randy P. Giles                                                  |  | 
| |  |  | 
| |  |  |  | Executive Vice President, Chief Financial Officer and Treasurer |  |
No. 56167.

protests 173203-K, etc. (New York).

#### Gimbel Bros., Inc., et al. *v.*United States,

Opinion by

Ford, J.

The protests were dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-60,876B]

                    On April 13, 2007, the U.S. Department of Labor (Department) received a request for administrative reconsideration of the Department's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The negative determination was issued on March 28, 2007. The Department's Notice of determination was published in the                     **Federal Register**                     on April 10, 2007 (72 FR 17937).                

The negative determination was based on the Department's findings that, during the relevant period, the subject firm did not import pattern plus flooring, the subject firm did not shift production of pattern plus flooring overseas, and the subject firm's customers did not import pattern plus flooring.

In the request for reconsideration, the workers alleged that the subject firm imported pattern plus flooring and provided a copy of a shipping label for hardwood flooring made in China which was, allegedly, received by the subject firm.

The Department has carefully reviewed the workers' request for reconsideration and has determined that the Department will conduct further investigation.

## Conclusion

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.

Signed at Washington, DC, this 2nd day of May 2007.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E7-8827 Filed 5-8-07; 8:45 am]

BILLING CODE 4510-FN-P