alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mrs. M. L. Nicholson *v.*Bankers’ & Shippers’ Insurance Co.

(Division B.

Oct. 22, 1934.)

[157 So. 90.

No. 30168.]

See, also, 164 Miss. 523, 145 So. 349.

R. W. Boydstun, of Louisville, for motion to retax costs.

Chaney & Culkin, of Vicksburg, for circuit clerk and court reporter.

Anderson, J.,

delivered the opinion of the court.

The motion of the circuit clerk and the court reporter challenging the authority of the attorney making the motion to- retax the costs will he entertained on proof to he filed in the cause, the circuit clerk and the court reporter first filing their evidence, serving the attorney representing the motion to retax the costs with copies, who shall, within five days thereafter, file the evidence *410of Ms authority, serving* the circuit clerk and the court reporter with copies. Provided, however, before proceeding* under this order, the attorney making the motion to retax the costs, or the agency which he represents, shall first give bond in the sum of fifty dollars, with two or more sureties to be approved by the clerk of the Supreme Court, conditioned to pay whatever costs may accrue on such motion if the motion should be overruled.

So ordered.
#### University Alliance, Respondent, *v.*Dudley F. Phelps, Jr., Appellant.

(Supreme Court, Appellate Term, First Department,

January, 1913.)

Judgments — contracts — book subscription — defendant’s testimony as to contract uncontradicted.

Where, in an action to recover the purchase price of a set of •books alleged to have been sold to defendant, his testimony that when he signed the paper sued on it merely required plaintiff to deliver a certain book free, and that the other matter was inserted thereafter, is uncontradicted, and no claim was made by plaintiff for five years, a judgment in plaintiff’s favor will be reversed and a new trial granted.

Appeal by defendant from a judgment of the Municipal Court of the city of blew York, borough of Manhattan, ninth district, rendered.in favor of the plaintiff.

Dittenhoefer, Gerber & James (Dudley F. Phelps, in person, of counsel), for appellant.

Herrick, Breckinbridge, Carney *&*Sloane (James R. Sloane, of counsel), for respondent.

Seabury, J.

The plaintiff, a book publishing corporation, sues for the price of a set of books alleged to have been sold and delivered to the defendant. The plaintiff predicates its claim upon an alleged contract signed by the defendant. The alleged contract 'was made in September, 1907, and is a printed form of order with the title of the books, the price and the amount of the monthly instalments inserted in pencil. The contract in its present form obligates the plaintiff to deliver a set of their “ Dorroena ” for ninety-seven dollars payable in twenty monthly instalments of five dollars each. The contract also requires the plaintiff to deliver to the defendant “ 1 Flatey book * * * free.” The defendant testified that, when he signed the *5paper upon which the plaintiff sues, it merely required the plaintiff to deliver “ 1 Flatey book * * * free,” and that all the lead pencil writing which now appears upon the paper was inserted after he signed it. The present appearance of the paper, and the fact that the plaintiff waited five years before making any claim upon it, and that the plaintiff’s agent, who induced the defendant to sign the paper, failed to contradict the defendant’s testimony, are significant features of the case which tend to corroborate the defendant’s testimony. Moreover, the proof of the delivery of the books to the defendant was very unsatisfactory.

Gut and Gerard, JJ., concur.

Judgment reversed, and new trial ordered, with costs to appellant to abide event.
AUBURN NATIONAL BANCORPORATION, INC. AND SUBSIDIARIES

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 Auburn National Bancorporation, Inc. (the Company) on Form 10-K for the period ending December 31, 2006, as
filed with the Securities and Exchange Commission as of the date hereof (the Report), I, E.L. Spencer, Jr., President, Chief Executive Officer and Chairman of the Board 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: March 30, 2007



|                                                            
|------------------------------------------------------------
|/s/ E.L. Spencer, Jr.                                       
|E.L. Spencer, Jr.                                           
|President, Chief Executive Officer and Chairman of the Board
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE GREAT
ATLANTIC AND PACIFIC TEA COMPANY, INC. 10-Q FOR THE FIRST QUARTER ENDED JUNE 14,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-END>                               JUN-14-1997
<CASH>                                          173894
<SECURITIES>                                         0
<RECEIVABLES>                                   225611
<ALLOWANCES>                                         0
<INVENTORY>                                     899008
<CURRENT-ASSETS>                               1343975
<PP&E>                                         1596381
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 3114871
<CURRENT-LIABILITIES>                          1009491
<BONDS>                                         937389
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         38249
<OTHER-SE>                                      870187
<TOTAL-LIABILITY-AND-EQUITY>                   3114871
<SALES>                                        3104591
<TOTAL-REVENUES>                               3104591
<CGS>                                        (2220375)
<TOTAL-COSTS>                                (2220375)
<OTHER-EXPENSES>                              (831210)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (22153)
<INCOME-PRETAX>                                  30583
<INCOME-TAX>                                    (8066)
<INCOME-CONTINUING>                              22787
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     22787
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .60
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1,000
       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>                              JUL-31-1998
<PERIOD-END>                                   JUL-31-1998
<CASH>                                               2,555
<SECURITIES>                                             0
<RECEIVABLES>                                       23,626
<ALLOWANCES>                                           670
<INVENTORY>                                         73,491
<CURRENT-ASSETS>                                   101,142
<PP&E>                                              12,955
<DEPRECIATION>                                       4,341
<TOTAL-ASSETS>                                     138,766
<CURRENT-LIABILITIES>                              107,481
<BONDS>                                              1,156
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 4
<OTHER-SE>                                          23,134
<TOTAL-LIABILITY-AND-EQUITY>                       138,766
<SALES>                                            163,478
<TOTAL-REVENUES>                                   163,478
<CGS>                                              144,302
<TOTAL-COSTS>                                      156,394
<OTHER-EXPENSES>                                     (796)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   4,687
<INCOME-PRETAX>                                      3,193
<INCOME-TAX>                                         1,354
<INCOME-CONTINUING>                                  1,839
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         1,839
<EPS-PRIMARY>                                         0.53
<EPS-DILUTED>                                         0.49
        

</TABLE>
No. 10974.

#### Bowland, Treasurer, *v.*Cole et al.

Decided November 24, 1908.

Error to Circuit Court of Franklin county.

*Mr. George S. Marshall,*city solicitor, and *Mr. John L. Davies,*for plaintiff in error.

*Mr. M. L. Boyd,*for defendants in error.

Former judgment adhered to.

Price, C. J., Shaucic, Summers and Spear, JJ., concur.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 163 Engrossed in House (EH)]

H. Res. 163

                In the House of Representatives, U. S.,

                                                           May 5, 1993.
    Resolved, That during consideration of the conference report to accompany 
the bill (H.R. 2) to establish national voter registration procedures for 
Federal elections, and for other purposes, points of order against the 
conference report for failure to comply with clause 3 of rule XXVIII are waived.
            Attest:

                                                                          Clerk.
```
#### STATE of Louisiana ex rel. William JOHNSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al.

No. 54182.

Supreme Court of Louisiana.

Dec. 14, 1973.

In re: William Johnson applying for Writs of Habeas Corpus, Certiorari, Prohibition and Mandamus.

Writ refused. The showing made is insufficient to warrant the exercise of our jurisdiction.
EXHIBIT 31.2

CERTIFICATION

 

I, Shawn M. Harrington, certify that:

1.   I have reviewed this quarterly report on Form 10-Q of Gerber Scientific, Inc.;

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.   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 of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function(s)):

    a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

    b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

Date:  September 9, 2004
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 347 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. RES. 347

Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Armed Services in the 
           second session of the One Hundred Third Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 1994

 Mr. Dellums submitted the following resolution; which was referred to 
                 the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Armed Services in the 
           second session of the One Hundred Third Congress.

    Resolved, That (a) for expenses of investigations and studies by 
the Committee on Armed Services (hereinafter in this resolution 
referred to as the ``Committee''), including expenses for--
            (1) procurement of consultant services under section 202(i) 
        of the Legislative Reorganization Act of 1946; and
            (2) provision of assistance for members of professional 
        staff in obtaining specialized training under section 202(j) of 
        such Act;
there shall be paid out of the contingent fund of the House not more 
than $2,669,197.
    (b) Not more than $40,000 of the amount specified in subsection (a) 
may be used for consultant services referred to in paragraph (1) of 
such subsection and not more than $8,000 of such amount may be used for 
specialized training referred to in paragraph (2) of such subsection.
    Sec. 2. Payments under this resolution shall be made on vouchers 
authorized by the Committee, signed by the chairman of the Committee, 
and approved by the Committee on House Administration.
    Sec. 3. Amounts shall be available under this resolution for 
investigations and studies carried out during the period beginning at 
noon on January 3, 1994, and ending immediately before noon on January 
3, 1995.
    Sec. 4. Amounts made available under this resolution shall be 
expended in accordance with regulations prescribed by the Committee on 
House Administration.

                                 <all>
```
# C_2020129EN.01000802.xml

| 20.4.2020 | EN | Official Journal of the European Union | C 129/8 |
| --- | --- | --- | --- |

20.4.2020

EN

Official Journal of the European Union

C 129/8

---

Action brought on 19 February 2020 — Golvabia Innovation v EUIPO (MaxWear)

(Case T-99/20)

(2020/C 129/09)

Language of the case: Swedish

Parties

Applicant: Golvabia Innovation (Anderstorp, Sweden) (represented by: D. Thorbjörnsson, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for registration of EU word mark MaxWear — Application for registration No 17 953 494

Contested decision: Decision of the First Board of Appeal of EUIPO of 19 December 2019 in Case R 888/2019-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | grant registration of the trade mark ‘MaxWear’ for the goods sought, and |
| --- | --- |

—

grant registration of the trade mark ‘MaxWear’ for the goods sought, and

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 7(1)(b) and 7(2) of Regulation 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(b) and 7(2) of Regulation 2017/1001 of the European Parliament and of the Council.

---
#### James E. McDONALD v. STATE.

No. 38780.

Supreme Court of Florida.

July 1969.

Appeal dismissed without opinion. 221 So.2d 36.
#### ROCKLEDGE COUNTRY CLUB APARTMENTS and New Amsterdam Casualty Company, Petitioners, v. Lucille M. FORTE and Florida Industrial Commission, Respondents.

No. 36802.

Supreme Court of Florida.

Jan. 24, 1968.

Welsh & Cornell, Miami, for petitioners.

Dean, Adams, George & Wood, Miami, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.

PER CURIAM.

By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date, September 1, 1967.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, *32*F.S.A.

Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition is therefore denied.

The respondent’s attorney is awarded a fee of $250.00.

It is so ordered.

CALDWELL, C. J., and THOMAS, THORNAL, ERVIN and ADAMS, JJ-, concur.
#### GREITZER & LOCKS, Gene Locks and Martin Greitzer; Neil R. Peterson, Appellants, v. JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation; Raybestos-Manhatten, Inc.; Eagle-Picher Industries, Inc.; Unarco Industries, Inc.; Fibreboard Corporation; H.K. Porter Company; Southern Textile Corporation; Pittsburgh Corning Corporation; The Celotex Corporation; Keene Corporation, Appellees, United States of America, Amicus Curiae. Virginia Asbestos Plaintiffs, Amicus Curiae.

No. 81-1379.

United States Court of Appeals, Fourth Circuit.

Argued June 8, 1982.

Decided June 17, 1982.

Certiorari Denied Nov. 8,1982. See 103 S.Ct. 364.

Robert C. Nusbaum, Norfolk, Va. (Hof-heimer, Nusbaum, McPaul & Brenner, Norfolk, Va., on brief) for appellants.

C. Michael Montgomery, C. Grigsby Scifres, Norfolk, Va. (Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), for Johns-Manville Corp. and Johns-Man-ville Sales Corp.

Archibald Wallace, III, Richmond, Va. (Albert D. Bugg, Jr., Sands, Anderson, Marks & Miller, Richmond, Va., on brief) for H.K. Porter Co., Inc. & Southern Textile Corp.

(William V. Hoyle, Charles A. Smith, Philip S. Payne, Hoyle, Corbett, Hubbard, Smith & Payne on brief) for Raybestos-Manhatten, Inc.

(William B. Eley, Eley, Rutherford & Leafe, Norfolk, Va., on brief), for Eagle-Picher Industries, Inc.

(Gerard E.W. Voyer, Taylor, Walker & Adams, Norfolk, Va., on brief), for Unarco Industries, Inc.

(M. Stuart Bateman, Newport News, Va., on brief), for Fibreboard Corp.

(Worth Banner, Reynolds, Smith & Winters, Norfolk, Va., on brief), for Pittsburgh Corp.

(John Y. Pearson, Jr., Bruce T. Bishop, Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for Celotex Corp.

(Henry C. Morgan, Jr., Pender, Coward, Addison & Morgan, Norfolk, Va., on brief) for Keene Corp.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, Circuit Judges, sitting in banc.

PER CURIAM:

The judgment of the district court is affirmed by an equally divided court.

AFFIRMED.
#### H. G. SIMPSON, Appellant, v. William G. HOBBS d/b/a William G. Hobbs Yacht Sales, Appellee.

No. 70-217.

District Court of Appeal of Florida, Fourth District.

Jan. 27, 1971.

PER CURIAM.

Affirmed.
SERVED: August 19, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATIEROF SKYWEST AIRLINES, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013-0619
ERRATA-CORRECTION OF CASE NUMBER Notice ofAssignment ofProceeding Order served August 13--correctcase number is 2012NM060014

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List 

### 20**!~** ') "} i" ..J:.JSERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-· Suite 2W1000 1

Robert Spitzer, Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 LindAvenue, S.W. Renton, W A 98057 TEL: 425-227-1847 FPLX: 425-227-1007 ONE COPY

Michael L. Dworkin, Respondent's Counsel Michael L. Dworkin and Associates 465 California Street, Suite 210 San Francisco, CA 94104-1808 TEL: 415-421-2500 FPLX: 415-421-2560 Todd C. Emerson, Esq. Director

- Government andLegal Affairs · SkyWest Airlines, Respondent 444 South River Road St. George, UT 84790 TEL: 435-634-3530 FPLX: 435-634-3505 FDMS Nos. FAA-2013-0619 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue; S.W.,Wiibur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.



### -2-The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536



### -3-