alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nicholas Peragine, Plaintiff, *v.*Lillian Esposito, Doing Business as Lilliana’s, Respondent, and Canada Dry Ginger Ale, Inc., Appellant. Canada Dry Ginger Ale, Incorporated, Third-Party Plaintiff-Appellant, *v.*Owens-Illinois Glass Co., Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, First Department,

January 8, 1959.

*622
      *Garvey Conway (Lillian E. Cuff*of counsel), for Canada Dry Ginger Ale, Inc., appellant.

*Emanuel Morgenbesser*and *Lester Samuels*for Lillian Esposito, respondent.

*Bert W. Hendrickson*and *James J. McDermott, Jr.,*for Owens-Illinois Glass Co., respondent.

*Per Curiam.*

Plaintiff, a patron in defendant Esposito’s restaurant, was injuried by the explosion of a bottle of ginger ale. Plaintiff did not order the ginger ale and was not being served with it, nor was anyone connected with him. Plaintiff sued Esposito and waived a jury. The court found in favor of plaintiff. This result necessarily involves the finding that Esposito was negligent. Plaintiff also sued Canada Dry Ginger Ale, Inc., the bottler of the ginger ale. His complaint was dismissed. These determinations necessarily involve three propositions— that Esposito was negligent; that Canada Dry was not negligent; that no relationship existed between plaintiff and Canada Dry. As there is no appeal from any of the above determinations, we are concluded by the results.

Esposito cross-complained against Canada Dry and the latter brought a third-party action against Owens-Illinois Glass Co., the manufacturer of the bottle. This latter, the third-party action was dismissed. We find no error therein. Esposito was successful on her cross complaint against Canada Dry. It is this claim that is being appealed. The cross complaint is based on breach of warranty. It can have no other basis, as it was found without exception that Canada Dry was not negligent. In order to maintain an action for breach of warranty, the purchaser must show that he used the product *623properly. Here Esposito acquiesces in the finding that she did not. She therefore can have no claim.

The judgment should be reversed insofar as it awards judgment to defendant Esposito against defendant Canada Dry Ginger Ale, Inc., on the former’s cross complaint, and otherwise affirmed, without costs.

Hecht, J. P., and Steuer, J., concur in *Per Curiam*opinion; Tilzer, J., dissents and votes to affirm.

Judgment reversed, etc.
Exhibit 4.5


 


SECOND NOTE
MODIFICATION AGREEMENT


 


This
Second Note Modification Agreement is made effective July 23, 2015, by and between Meriwether Mezzanine Partners, L.P., a Delaware
limited partnership (“Lender”) and
Summit Semiconductor LLC, a Delaware limited liability company (“Borrower”),
and modifies and amends certain terms of Borrower’s indebtedness evidenced by a promissory note in favor of Lender
dated January 5, 2015 in the original principal amount of $500,000.00, as amended by the Note Modification Agreement between Borrower
and Lender dated effective June 30, 2015 (together, the “Note”),
which is secured in part by a Loan and Security Agreement dated as of dated January 5, 2015 and a UCC-1 Financing Statement
filed with the Delaware Secretary of State on January 8, 2015 as Filing No. 2015- 0085851 (the “Security
Documents”).


 


For
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Note is hereby modified and
amended as follows:


 


A.          The
Note is amended as follows:


 


“Maturity
Date” means November 25, 2015.


 


Except as herein
specifically modified, all of the terms and conditions of the Note, the Security Documents and all documents and agreements related
thereof shall remain in full force and effect.


 


[signatures
on following page]


 




    	 	1	 



     


    

  


BORROWER:


 


	 	SUMMIT
    SEMICONDUCTOR LLC, a Delaware limited liability company


 


	 	By:	
	 	 	Brett Moyer, Chief Executive Officer


 


LENDER:


 


	 	MERIWETHER
    MEZZANINE PARTNERS, L.P., a Delaware limited partnership


 


	 	By:
    MMP GENERAL PARTNER, LLC, a Delaware limited liability company, its general partner


 


	 	By:	
	 	 	David Howitt, sole
    member


 


	 	Address:	2001
    NW 19th Avenue, #103B
	 	 	Portland, OR 97209


 








    	 	2
September 22, 2003

21613

#### Winston v. Lee

Affirmed
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 Quarterly Report of Wireless Telecom Group, Inc.
(the "Company") on Form 10-Q for the quarter ending June 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Periodic
Report"), I, Paul Genova, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1) The Periodic 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 Periodic Report fairly presents, in
all material respects, the financial condition and result of operations of the
Company.



                                                /s/ Paul Genova
                                                ---------------
                                                Paul Genova
                                                Chief Financial Officer
                                                July 30, 2004


The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
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<PAGE>
 
                               EXHIBIT 11

          AMERICAN BUSINESS INFORMATION, INC. AND SUBSIDIARIES
         STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
       For the three and six months ended June 30, 1995 and 1994
                (In thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                  Three Months Ended Six Months Ended
                                                        June 30           June 30
                                                  ------------------ ----------------
                                                     1995     1994     1995     1994
                                                     ----     ----     ----     ----
<S>                                                <C>      <C>      <C>      <C>
Average shares outstanding  . . . . . . . . . .     20,719   20,676   20,704   20,676
Net additional common equivalent shares . . . .        507       97      423      153

Average number of common and common equivalent
  shares outstanding  . . . . . . . . . . . . .     21,226   20,773   21,127   20,829

Net income for per share computation  . . . . .    $ 2,382  $ 3,159  $ 6,195  $ 6,027

Net income per average common and common
   equivalent share outstanding (1) . . . . . .    $  0.11  $  0.15  $  0.29  $  0.29

----------------
</TABLE>

(1) This calculation is submitted pursuant to Regulation S-K item 601(b)(11)
although not required by footnote 2 to paragraph 14 of APB Opinion No. 15
because it will result in dilution of less than 3 percent.
October 15, 2007

27545

#### Peralto v. State

Affirmed
EXHIBIT 21
  SUBSIDIARIES
    OF THE REGISTRANT
  State of

Name under whichName of Subsidiary

Incorporation/Organization

Subsidiary does BusinessCHW LLC

Delaware

CHW LLCProvidence Insurance Company, Limited

A Bermudian Company

Providence Insurance Company, LimitedCatoSouth LLC

North Carolina

CatoSouth LLCCato of Texas L.P.

Texas

Cato of Texas L.P.Cato Southwest, Inc.

Delaware

Cato Southwest, Inc.CaDel LLC

Delaware

CaDel LLCCatoWest LLC

Nevada

CatoWest LLCCedar Hill National Bank

A Nationally Chartered Bank

Cedar Hill National Bankcatocorp.com, LLC

Delaware

catocorp.com, LLC  54
U. S. Department of Agriculture

Agricultural Marketing Service

NOTICE OF SALE OF WHEAT

FOR RELEASE AT 1:30 P.M. CT October 25, 2018

USDA’s Agricultural Marketing Service today announced the sale of Hard Red Winter (HRW) Wheat. 

The HRW Wheat was sold under Announcement SMAC3, Invitation No. 9 dated October 17, 2018.

Warehouse 

Location Purchaser Bushels Sold 

Bid Price 

(per Bushel) 

CCC 

Revenue 

Commodity 

Type 

Castle Rock, 

MN 

Farmer’s Mill & 

Elevator Inc. 4,871.25 $3.70 $18,023.63 HRW Wheat
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                        DEC-31-1995
<PERIOD-END>                             JUN-30-1995
<CASH>                                        11,021
<SECURITIES>                                  22,560
<RECEIVABLES>                                 15,470
<ALLOWANCES>                                       0
<INVENTORY>                                        0
<CURRENT-ASSETS>                              50,988
<PP&E>                                        21,904
<DEPRECIATION>                                10,338
<TOTAL-ASSETS>                                82,980
<CURRENT-LIABILITIES>                          9,350
<BONDS>                                        1,828
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                          51
<OTHER-SE>                                    70,674
<TOTAL-LIABILITY-AND-EQUITY>                  82,980
<SALES>                                            0
<TOTAL-REVENUES>                              44,836
<CGS>                                              0
<TOTAL-COSTS>                                 35,148
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                88
<INCOME-PRETAX>                                9,931
<INCOME-TAX>                                   3,736
<INCOME-CONTINUING>                            6,195
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                   6,195
<EPS-PRIMARY>                                   0.30
<EPS-DILUTED>                                   0.29
        

</TABLE>
# C_2016202EN.01034901.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/349 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/349

---

36.   Declaration on Article 218 of the Treaty on the Functioning of the European Union concerning the negotiation and conclusion of international agreements by Member States relating to the area of freedom, security and justice

Declaration on Article 218 of the Treaty on the Functioning of the European Union concerning the negotiation and conclusion of international agreements by Member States relating to the area of freedom, security and justice

The Conference confirms that Member States may negotiate and conclude agreements with third countries or international organisations in the areas covered by Chapters 3, 4 and 5 of Title V of Part Three in so far as such agreements comply with Union law.

---
1

From: Rochelle Boyd/RTP/USEPA/US

To: danny.carroll@riotinto.com

Date: 02/16/2011 07:50 AM

Subject: Fw: ReleasePoint_NEI11365.xls

Hey Danny, look at these tabs and see if any of these ids link you to lines 9-11 of Column M of the 

Release Point ID spreadsheet and let me know if it was helpful and what column you actually used to 

help you figure it out. Thanks.

Rochelle Boyd, Environmental Engineer

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

Sector Policies and Programs Division

109 T.W. Alexander Drive, RTP, NC 27711

Mail Drop D243-02

Ph: (919) 541-1390 Fax: (919) 541-3207

Email: boyd.rochelle@epa.gov

----- Forwarded by Rochelle Boyd/RTP/USEPA/US on 02/16/2011 07:48 AM -----

From: Madeleine Strum/RTP/USEPA/US

To: Rochelle Boyd/RTP/USEPA/US@EPA

Date: 02/15/2011 04:31 PM

Subject: Re: ReleasePoint_NEI11365.xls

hope this helps.

I had forgotten how I did these xwalks!

This time I used an updated flatfile -- the V1 2008 NEI which hasn't been release except to the States 

(and whoever has EIS gateway access)

The actual flat file contents for this faciity (emissions and stack params) are in a separate tab.

Madeleine Strum

U.S. Environmental Protection Agency

Emission Inventory and Analysis Group

919 541 2383 (voice)

919 541 0684 (fax)
February 21, 2007

26532

#### Tavares v. Dyer

Affirmed
September 3, 2003

22880

#### State v. Hall

Affirmed
#### Robert C. PENNEY, Appellant, v. Lilli PENNEY, Appellee.

No. 2262.

Supreme Court of Alaska.

Oct. 15, 1975.

Charles E. Tulin, Anchorage, for appellant.

Benjamin O. Walters, Jr., Anchorage, for appellee.

Before RABINOWITZ, Chief Justice, and ERWIN, BOOCHEVER and BURKE, Justices.

OPINION

PER CURIAM.

This case involves a challenge to the finding of fact of the trial court that a small building on the property located at 36th Avenue and Spenard Road was not a trade fixture and as such was subject to a supplemental property division ordered by the court.1 Appellant contended the building was a trade fixture owned by Penney Sales, Inc., and thus was not subject to property division2 in the divorce of the parties.

We have reviewed the record herein and find that the findings of the trial court3 were not clearly erroneous. 4 The decision of the trial court is affirmed.5

CONNOR, J., not participating.

1

. The trial court found that the building was personal property even though it had been located on the real property and had not been dealt with in the property settlement relative to the divorce of the parties. It thus found that the property was subject to a supplemental property division to be ordered by the court.

2

. Appellant removed the building from the real property after the property had been sold to a third party. The listing for sale by ap-pellee had described the building in question.

3

. The trial court found the building was personal property in spite of the conflicting claims of appellant that it was a trade fixture and of appellee that it was part of the real property. Each side submitted evidence to support his position and the Anchorage Borough tax records and assessment policies were presented at the hearing on the issue. Ap-pellee did not appeal the decision that the building was not part of the real property which was awarded to her as a result of the property settlement agreement.

4

. The building in question was not carried as an asset on the financial statements or books of the purported owner, Penney Sales, Inc. The building did not appear in the depreciation schedules of the tax returns of Penney Sales, Inc. All insurance on the building was canceled by Penney Sales, Inc., when the real property was transferred to Mrs. Penney as part of the property settlement agreement and was subsequently paid by Mrs. Penney. The Greater Anchorage Area Borough taxed the building as part of the real property, and the taxes were so paid by the owners of the real estate, not Penney Sales, Inc.

5

. The trial court found that the building had a non-conforming use on the premises which inured to the benefit of the third party purchaser ; and thus the building or its equivalent should be replaced on the premises. If replacement of an equivalent building were required, then appellant should pay two-thirds of the cost and the appellee one-third of the cost.
Exhibit 32.4

CERTIFICATE PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Paul R. Flanders, Chief Financial Officer of Carrols Corporation (the
Company), hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Companys Annual Report on Form 10-K for the period ended December 28, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Annual
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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                   
|-------------------------------------------------------------------
|/s/ PAUL R. FLANDERS                                               
|Paul R. Flanders                                                   
|Vice-President, Chief Financial Officer and Treasurer March 9, 2009
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the accompanying Quarterly Report of Equus II Incorporated
(the Company) on Form 10-Q for the period ended June 30, 2005 (the Report), I, Anthony R. Moore, Chairman and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | To my knowledge, the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                       |  |                                 
|---------------------- |  | --------------------------------
|Dated: August 15, 2005 |  | /s/ Anthony R. Moore            
|                       |  | Anthony R. Moore                
|                       |  | Chairman Chief Executive Officer
76 P.3d 577

SUPREME COURT OF HAWAI'I

September 2, 2003

23396

#### Macomber v. Hawaiian Homes Com'n

Affirmed