alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BORDERS PURE MILK CO., Inc. v. NELSON DISTRIBUTING CO.

Court of Appeals of Kentucky.

March 14, 1952.

Finley F. Gibson, Jr., Louisville, Geo. J. Ellis, Jr., Glasgow, for appellant.

Richard L. Garnett, Glasgow, for appel-lee.

CLAY, Commissioner.

Appellee recovered $900 for damage-done its truck in a collision or near collision with a truck of appellant. On this appeal the latter claims that the verdict was flagrantly against the evidence and that the instruction on speed was erroneous.

The accident happened when, as appel-lee’s evidence proved, appellant’s truck undertook to pass a j eep on a three lane highway and struck the left rear fender of ap-pellee’s truck which was approaching from the opposite direction. This slight collision caused little damage, but appellee’s, truck ran off the road and was wrecked. Its driver testified that he was forced off the road by appellant’s truck.

Appellant’s driver denied that he-collided with appellee’s truck. However,, the-re was ample evidence to justify a jury finding that appellant’s driver operated his vehicle in such a negligent manner as to-actually strike appellee’s truck, or if not, to-place appellee’s driver in such danger that he was forced off the road. Appellant’s, first contention is therefore without merit.

The next contention is that the-court failed to instruct the jury that the operation of appellee’s truck at a speed: greater than 40 miles an hour was prima facie evidence of unreasonable and improper driving. The instruction on this point, was defective, apparently due to inadvertence or typographical error. However, the nature of this accident was such that the-speed of appellee’s vehicle could not have-been a proximate cause of it. For this reason the defective instruction on an im--material issue was not prejudicial.

The judgment is 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 on Form 10-Q of Enesco Group, Inc. (the
Company) for the quarterly period ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Anthony P. Caravello, the Controller of the Company, 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) and 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 the
operations of the Company. November 8, 2004
    
    By: /s/ Anthony P. CaravelloController
<PAGE>

Exhibit 10.10.7     Quaker City Bank Change in Control Agreement Renewal and
                    Extension Acknowledgment between Quaker City Bank and Karen
                    A. Tannheimer dated July 1, 2001.



                                QUAKER CITY BANK
                          CHANGE IN CONTROL AGREEMENT
                      RENEWAL AND EXTENSION ACKNOWLEDGMENT



Name of Participant:              Karen A. Tannheimer
                    -----------------------------------------------------------





The undersigned participant does hereby acknowledge that, at their regularly
scheduled meeting  on June 21, 2001, the Board of Directors of Quaker City Bank
acted to renew and extend the Quaker City Bank Change in Control Agreement with
the undersigned participant to a full twenty-four (24) month term, until June
30, 2003.


Dated this ___1st___ day of ____July____, A.D., ______2001_______.



                              QUAKER CITY BANK


  /s/ Karen A. Tannheimer        By: /s/ Frederic R. McGill
---------------------------         --------------------------
Participant                         President
[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60647-60651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26176]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 00-77]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604-
6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 00-77 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: October 5, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

BILLING CODE 5001-10-M

[[Page 60648]]

[GRAPHIC] [TIFF OMITTED] TN12OC00.018


[[Page 60649]]


[GRAPHIC] [TIFF OMITTED] TN12OC00.019


[[Page 60650]]


[GRAPHIC] [TIFF OMITTED] TN12OC00.020


[[Page 60651]]


[GRAPHIC] [TIFF OMITTED] TN12OC00.021

[FR Doc. 00-26176 Filed 10-11-00; 8:45 am]
BILLING CODE 5001-10-C
#### DENTON v. BERSET.

No. 11829.

Court of Civil Appeals of Texas. San Antonio.

June 2, 1948.

Rehearing Denied June 23, 1948.

Kelley, Looney, McLean & Enochs, of Edinburg, for appellant

E. A. McDaniel, of McAllen, for appel-lee.

MURRAY, Justice.

This suit was instituted by John B. Denton, d/b/a Denton Canning Company, against Harry O. Berset, seeking to recover a judgment in the sum of $274.96 for money had and received which it is alleged Berset agreed to repay. The trial was to the court and resulted in judgment that Denton take nothing, from which judgment he has prosecuted this appeal.

Appellee was employed to solicit fruit for appellant’s canning company. He was to be paid a commission of forty cents per ton for all fruit coming to the canning company that did not come from old customers. It was agreed that appellee would need money to operate upon, and that such advances were to be deducted from commissions coming to appellee. Two advancements were made to appellee, $150.00 on September 22, 1945, and $150.00 on October 8, 1945. Appellant alleged a credit of $25.04, leaving a balance unpaid of $274.96.

The evidence does not show that appellee even agreed to pay back these advancements, other than out of his earned commissions. There might be an implied agreement to personally repay these advancements but the suit is upon *an*expressed agreement to repay. The contract must be proved as alleged. The suit being on an expressed contract there can be no recovery upon an implied contract. 10 Tex.Jur. p. 518, § 302.

Furthermore the cases seem to hold that there is no implied promise to repay expense money advanced to a salesman or solicitor other than out of earned commissions, in the absence of an expressed agreement to that effect. Reynolds v. Wood, Tex.Civ.App., 65 S.W.2d 1114; Newton, Weller & Wagner Co. v. Hocker, Tex.Civ.App., 220 S.W. *233.*

Appellant relies strongly upon the case of Martinez v. Cathey, Tex.Civ.App., 215 S.W. 370. In that case no question seems to be raised as to a variance between the pleading of an expressed contract and the *197proving of an implied contract. If appellant had pleaded an implied contract to repay personally in the event the commissions were insufficient to cover the advancements, then that case would be in point, but it is not in point where the suit is upon an expressed contract.

The judgment is affirmed.
EXHIBIT 99.1

March 27, 2003



Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549


WRITTEN STATEMENT OF THE CHIEF EXECUTIVE OFFICER ACCOMPANYING REPORT ON FORM
10-K OF CELLCO PARTNERSHIP (THE "PARTNERSHIP") FOR THE YEAR ENDING DECEMBER 31,
2002

I, Dennis F. Strigl, President and Chief Executive Officer of the Partnership,
certify that:

     (1)  the report of the Partnership on Form 10-K for the year ending
          December 31, 2002 (the "Report") fully complies with the requirements
          of section 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 Partnership as of the dates and for the periods presented in
          the Report.

This statement is being provided pursuant to section 1350 of chapter 63 of
title 18 of the United States Code.



/s/ Dennis F. Strigl
--------------------
Dennis F. Strigl


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

This certification is being submitted to the Securities and Exchange Commission
solely for the purpose of complying with Section 1350 of Chapter 63 of Title 18
of the United States Code. This certification shall not be deemed "filed" for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liability of that section. This certification does not
constitute a part of Cellco Partnership's Annual Report on Form 10-K
accompanying this certification and to which it is an exhibit.
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 State

          - [Public Notice 3431] 

# FOR FURTHER INFORMATION CONTACT:

Office of the SEED Coordinator, Department of State, 2101 C St NW, Washington, DC 20521, 202-647-0853. 

Dated: October 5, 2000.

Larry C. Napper,

Coordinator for East European Assistance, U.S. Department of State. 

[FR Doc. 00-25784 Filed 10-5-00; 8:45 am] 

BILLING CODE 4710-23-P
Exhibit 32.1

  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
                       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 Upstream Biosciences Inc. (the
"Company") on Form 10-K for the year ended to September 30, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Mike McFarland, Chief Executive Officer and 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 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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of June, 2011.


By: /s/ Mike McFarland
    -------------------------------------------------
    Mike McFarland
    Chief Executive Officer, Chief Financial Officer,
    President, Secretary, Treasurer and Director
    (Principal Executive Officer, Principal Financial
    Officer and Principal Accounting Officer)
Exhibit 15.4



| | Tel: 0438 802 818                                                                                        
| | ---------------------------------------------------------------------------------------------------------
| | AndrewF@KenmoreConsult.com.au
        PO Box 2055
        Churchlands WA 6018
        ABN: 29 159 944 591



The Board of Directors of

Randgold
Resources Limited (the“Company”)



March 30, 2016



| | Re: | Consent
| | --- | -------



Ladies and Gentlemen:



I,
Andrew Fox, do hereby consent to the reference of myself in the Company’s
Annual Report on Form 20-F for the year ended December 31, 2015 (the“Annual
Report”) to which this consent is an exhibit, to any reference
to Mr. Andrew Fox under the heading“Experts”in any registration statement into which the Annual Report is incorporated by reference, and to the citation and/or summarization
of the reserve statement in the Annual Report as calculated by me for the Loulo underground ore reserves.



Dated this 30th day of March 2016.



|By:               | /s/ Andrew Fox | 
|----------------- | -------------- | 
|Name: Andrew Fox  |               
|Title: Consultant |               



Page 1 of 1
**Exhibit 32.01**

 

**Officer Certification**

** **

**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 theQuarterly Report of Southwestern Public Service Company (SPS) on Form 10-Qfor the quarter ended March 31, 2008, as filed with the Securities andExchange Commission on the date hereof (Form 10-Q), each of theundersigned officers of SPS certifies, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to such officer’s knowledge:

 

(1)                      The Form 10-Qfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                       The informationcontained in the Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of SPS as of the dates   and for the periods expressed in the Form 10-Q.

 
| Date:  May 5, 2008 |
|-------------------------|
|                    |
|                    | /s/ DAVID L. EVES |
|                    | David L. Eves |
|                    | President and Chief  Executive Officer |
|                    |   |
|                    | /s/ BENJAMIN G.S. FOWKE  III |
|                    | Benjamin G.S. Fowke III |
|                    | Vice President and Chief  Financial Officer |

 

The foregoing certificationis being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of the Report or as a separate disclosure document.

 

A signed original of thiswritten statement required by Section 906, or other documentauthenticating, acknowledging or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to SPS and will be retained by SPS andfurnished to the Securities and Exchange Commission or its staff upon request.

 

1

----
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with this Quarterly Report of The Colonial BancGroup, Inc. (the Company)
on Form 10-Q for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report) and to which this certification is furnished as an exhibit, I, Sarah H. Moore, the principal
financial officer of the Company, certify pursuant to 18 U.S.C. 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) 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 7, 2007



/s/    SARAH H.
MOORESarah H. MooreChief Financial Officer


A signed original of this written statement required by Section 906 has been provided
to The Colonial BancGroup, Inc. and will be retained by The Colonial BancGroup, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 

Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 1 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 2 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 3 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 4 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 5 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 6 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 7 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 8 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 9 of 10
Case 6:20-cv-00461-ADA Document 48-3 Filed 01/29/21 Page 10 of 10
EX-4.1





 Exhibit 4.1 
  





 
 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE SEE REVERSE FOR CERTAIN DEFINITIONS AND LEGENDS FULLY PAID AND NONASSESSABLE SHARES
OF CLASS A COMMON STOCK, $0.001 PAR VALUE PER SHARE, OF FORGEROCK, INC. transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until
countersigned by the Transfer Agent and registered by the Registrar. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. PRESIDENT & CHIEF EXECUTIVE OFFICER CHIEF FINANCIAL
OFFICER & EXECUTIVE VICE PRESIDENT OF GLOBAL OPERATIONS 












 



 
 The Corporation shall furnish without charge to each stockholder who so requests a statement of the powers, designations, preferences
and relative, participating, optional or other special rights of each class of stock of the Corporation or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Such requests shall be made to the
Corporation’s Secretary at the principal office of the Corporation. KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, OR DESTROYED THE CORPORATION WILL REQUIRE A BOND INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT
CERTIFICATE. The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM – as tenants in common TEN
ENT – as tenants by the entireties JT TEN – as joint tenants with right of survivorship and not as tenants in common COM PROP – as community property UNIF GIFT MIN ACT – ......................... Custodian (Cust) (Minor) under
Uniform Gifts to Minors Act (State) UNIF TRF MIN ACT – ................. Custodian (until age ..................) (Cust) ..................................... (Minor) under Uniform Transfers to Minors Act (State) Additional abbreviations may
also be used though not in the above list. FOR VALUE RECEIVED, hereby sell(s), assign(s) and transfer(s) unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE) shares of the capital stock represented by within Certificate, and do hereby irrevocably constitute and appoint attorney-in-fact to transfer the said stock on
the books of the within named Corporation with full power of the substitution in the premises. Dated X X Signature(s) Guaranteed: NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN
EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER. By THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION, (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN
APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE. SIGNATURE GUARANTEES MUST NOT BE DATED.
```

[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Notices]               
[Page 13270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-58]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

 
State Energy Advisory Board (STEAB)

AGENCY: Department of Energy.

ACTION: Notice of open teleconference.

-----------------------------------------------------------------------

SUMMARY: This notice announces a meeting of the State Energy Advisory 
Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92-463; 86 
Stat.770) requires that public notice of these meetings be announced in 
the Federal Register.

DATES: Thursday, April 15, 2010 1 to 2 p.m. EST

FOR FURTHER INFORMATION CONTACT: Gary Burch, STEAB Designated Federal 
Officer, Senior Management Technical Advisor, Intergovernmental 
Projects, Golden Field Office, U.S. Department of Energy, 1617 Cole 
Boulevard, Golden, CO 80401, Telephone 303-275-4801.

SUPPLEMENTARY INFORMATION:
    Purpose of the Board: To make recommendations to the Assistant 
Secretary for the Office of Energy Efficiency and Renewable Energy 
regarding goals and objectives, programmatic and administrative 
policies, and to otherwise carry out the Board's responsibilities as 
designated in the State Energy Efficiency Programs Improvement Act of 
1990 (Pub. L. 101-440).
    Tentative Agenda: Discuss ways STEAB can continue to support DOE's 
implementation of the Economic Recovery Act, conduct follow-up 
discussion regarding presentations given at the March live Board 
meeting, discuss the draft of Resolution 10-02, begin thinking about 
the June Board meeting, and update members of the Board on routine 
business matters.
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Members of the public who wish to make oral statements 
pertaining to agenda items should contact Gary Burch at the address or 
telephone number listed above. Requests to make oral comments must be 
received five days prior to the meeting; reasonable provision will be 
made to include requested topic(s) on the agenda. The Chair of the 
Board is empowered to conduct the meeting in a fashion that will 
facilitate the orderly conduct of business.
    Minutes: The minutes of the meeting will be available for public 
review and copying within 60 days on the STEAB Web site, http://www.steab.org.

    Issued at Washington, DC, on March 15, 2010.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. 2010-6047 Filed 3-18-10; 8:45 am]
BILLING CODE 6450-01-P
```