alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### M. E. TATE v. J. S. PHILLIPS and another.

*Practice--Nonsuit.*

A plaintiff at any time before verdict may take a nonsuit, except in a case where the defendant has acquired a right to affii’mative relief.

*(Graham*v. *Tate, ante*120, cited and approved.)

Civil ActioN tried at Spring Term, 1877, of Mecklenburg ..Superior Court, before Cloud, *J.*

The defendant J. S. Phillips executed a promissory note for $1400 to the other defendant, S. B. Alexander, said note •being negptiable and payable at the Bank of Mecklenburg.

Alexander subsequently endorsed and transferred the same •to said Bank, and the Bank assigned to plaintiff. This note -is the subject of this action, and payment is demanded of the defendants for the reason that the Bank refused to pay it.

The defendant Alexander alleged that he endorsed the note for the accommodation of his co-defendant, and that it was delivered to the Bank in renewal' of a pre-existing indebtedness of Phillips, and that it was the property of the Bank and past due at the time of its transfer - to plaintiff, and assigned as collateral security for a debt which the Bank owed to plaintiff".

The defendant Phillips alleged that before this action was commenced, the Bank was indebted.to him in the sum of *127'$1500, cine upon a certificate of deposit given to one Palmer, .and that this defendant is the owner and holder of the same for value, and' demands that this counter-claim shall be applied in discharge of said indebtedness to plaintiff to the .extent of same.

When the case was called, the plaintiff asked leave to suf•fer a nonsuit, which was objected to by defendants but allowed by the Court, and the defendants appealed

*Messrs. Wilson §• Son,*for plaintiff.

*Messrs. Shipp Bailey*and *W. W. Flemming,*for defendants.

PearsoN, C. J.

This case is governed by *Graham*v. *Tate .ante,*120.

A plaintiff may at any time before verdict pay the cost and take a nonsuit except in a cáse where the defendant has .acquired a right to affirmative relief.

The defendant in our case under the statute had no more •than a defensive right against Tate, i. e. to bar the action by a set off of the notes of the Bank, but he could not claim of the plaintiff judgment for the excess.

So according to the course of the Court the plaintiff had a right to pay up the cost and walk out of Court.

The suggestion that he intends to take proceedings in the Federal Court under the Act of Bankruptcy is a matter about which w7e have no concern.

Per Curiam. Judgment affirmed.
<PAGE>

EXHIBIT 32.2

CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)

In connection with the Annual Report of Able Energy Inc. (the "Company"), on
Form 10-K for the year ended June 30, 2006, as filed with the Securities and
Exchange Commission (the "Report"), Jeffrey S. Feld, Chief Financial Officer of
the Company, does hereby certify, pursuant to ss. 906 of the Sarbanes-Oxley Act
of 2002 (18 U.S.C. ss. 1350), that to his 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 all material
respects, the financial condition and result of operations of the Company.

April 11, 2007


                                        /s/ JEFFREY S. FELD
                                        ----------------------------------------
                                        Jeffrey S. Feld
                                        Chief Financial Officer

[A signed original of this written statement required by Section 906 has been
provided to Able Energy Inc. and will be retained by Able Energy Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.]
##### 



Exhibit 31.1 Certification Pursuant To
Section 302 Of The Sarbanes-Oxley Act Of 2002 I, John P. Mitola, certify that:  1.
    I have reviewed this annual report on Form 10-K of Electric City Corp. (the
Corporation).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 Corporation as of,
and for, the periods presented in this report;4.
    The Corporations other certifying officers 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 Corporation 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 Corporation, 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 Corporation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; andc.
    Disclosed in this report any change in the Corporations internal
control over financial reporting that occurred during the Corporations most
recent fiscal quarter (the Corporations fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to
materially affect, the Corporations internal control over financial reporting;
and  5.
    The Corporations other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Corporations auditors and the audit committee of the Corporations board of
directors (or persons performing the equivalent functions):  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 Corporations ability to record, process,
summarize and report financial information; andb.
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the Corporations internal control
over financial reporting. Date: March 31, 2005 /s/ John P. MitolaJohn P. MitolaChief Executive Officer
 47
<TABLE> <S> <C>

<ARTICLE>                      5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                                                   <C>
<PERIOD-TYPE>                                       YEAR
<FISCAL-YEAR-END>                                   DEC-31-1999
<PERIOD-START>                                      JAN-01-1999
<PERIOD-END>                                        DEC-31-1999
<CASH>                                                   14,678
<SECURITIES>                                             19,459
<RECEIVABLES>                                            11,704
<ALLOWANCES>                                                375
<INVENTORY>                                                   0
<CURRENT-ASSETS>                                         43,369
<PP&E>                                                        0
<DEPRECIATION>                                                0
<TOTAL-ASSETS>                                          115,065
<CURRENT-LIABILITIES>                                    29,823
<BONDS>                                                       0
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                     24
<OTHER-SE>                                               70,712
<TOTAL-LIABILITY-AND-EQUITY>                            115,065
<SALES>                                                  43,301
<TOTAL-REVENUES>                                         43,301
<CGS>                                                    10,693
<TOTAL-COSTS>                                            41,413
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                             58
<INTEREST-EXPENSE>                                           10
<INCOME-PRETAX>                                           3,318
<INCOME-TAX>                                              2,220
<INCOME-CONTINUING>                                       1,098
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                              1,098
<EPS-BASIC>                                                0.05
<EPS-DILUTED>                                              0.04


</TABLE>
Pursuant to 5 T H C IR . R. 47.5, the court has determined that thi s opinio n should not * be publishe d an d is not precede nt except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 08 - 50457
RO BR OYI NDUS T RI ES I NCO RP OR AT ED P l a i n ti ff

- A p p ell a n t v. J OS EP H S CHW AL BA CH A ND C L S Y S T EMS C OR P OR AT I ON D efen da n t s - A pp el l ees

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt W e s t e r n Di s t r i c to f

Te xa s M i dl andD ivi s i o n No
. 7 : 0 6
- c v - 0 0 0 4 0
- RAJ
B ef ore JO L L Y , P R A D O , an d S O U T H W IC K , C i rcui tJu dg es . P E R C U R I A M: * T h e D is tr ic t C o u r t h a d ju r is d ic tio n to e n te rth e o r d e rg r a n tin ga n e w tr ia l. C o n s e q u e n tly , th e p r e s e n t a p p e a l is d is m is s e d b e c a u s e o f th e a b s e n c e o f a fin a l, ap pea l able order. DI S M I S S ED
. United States Court of App eals Fifth Circuit 

### F I L E D April7, 2009 Cha rl es R. F ulb ru g e II I Clerk
Message Information 

Date 07/20/2011 06:24 PM 

From Denise Robertson <pclibertygroup@gmail.com > 

To ray.lahooddot.gov ; LisaP Jackson/OC/USEPA/US©EPA 

Urgent - Citizens against new fuel standards 

Jul y 20, 2011 

The Honorable Ray l.a 1100(1 

Secretary of the Department of Iransportation 

1200 New Jersey Avenue. SF 

Washington, D.C. 20590 

The I loriorable lisa Jackson 

Administrator of the hnvironmenta! Protection Agency 

1200 Pennsylvania Avenue. NW 

Washington, D.C. 20004 

Dear Secretary I a1 lood and Administrator Jackson, 

ihe Preble County Liberty Group strongly- believes in the power of limited government 

to encourage economic growth, protect individual recdom and best serve the needs 

of the American people. As such, we cannot support EPA and N I-LISA proposals to 

radicall y increase the present vehicle fuel econom y standards. We Ibel this would he an 

overreach of government power. a poorly thought-out plan that would harm our economy 

and deny consumers their right to choose. 

Increasing already stringent national ftiel economy standards would raise prices. 

unnecessarily inhibiting the sale of American-made vehicles. This would limit 

employment in the domestic auto industry and give foreign manufacturers a leg up in the 

U.S. market. 

Forcing consumers to pay as much as $10.000 more for a new car or truck would price 

many of them out of the market completely. that would keep older, less fuel-efficient 

vehicles on the road and stymie the overall fuel economy gains this policy seeks to 

achieve. 

We (IC) not need a smaller auto industry, courtesy of federal government interference 

in free commerce. Agencies such as tile [WA and NI ITSA have a lob to do, hut they 

must not let their efforts to accomplish their goals override the basic welfare of the
American people. Puffing fhmi Iv breadwinners out ol a job or making it impossible for 

small business owners to aliord the vehicles they need to run their operations as the 

proposed fuel econom y standards could do - would benefit no one, 

V/c respectfbll y ask that you abandon this plan. 

Sincerely, 

Denise Robertson and Preble Count y Liberty Group 

OEX Processing Information 

Processed Date: 

Processed By 

P0 Office	 Category:
<PAGE>

September 28, 2001

[LOGO] First Union

Mr. William R. Frazier, Executive Vice President & CFO
P.O. Box 19247
Charlotte, North Carolina 28219

Re: Loan Agreement dated as of November 5, 1999

Dear Bill;

Reference is made to that certain Loan Agreement dated as of November 5, 1999
(the "Agreement") between Nations Express, Inc. (the "Borrower") and First Union
National Bank (the "Bank"). The Agreement and all other documents executed and
delivered in connection therewith are collectively referred to herein as the
"Loan Documents". All capitalized terms used but not defined herein shall have
the meanings assigned in the Loan Documents.

The Agreement provides:

Total Liabilities to Effective Tangible Net Worth Ratio. Borrower shall, at all
-------------------------------------------------------
times, maintain a ratio of Total Liabilities to Effective Tangible Net Worth of
not more than 2.00 to 1.00. "Effective Tangible Net Worth" shall mean total
assets minus Total Liabilities. For purposes of this computation, the aggregate
amount of any intangible assets of Borrower including without limitation,
goodwill, franchises, licenses, patents, trademarks,, trade names, copyrights,
service marks, and brand names, shall be subtracted from total assets. "Total
Liabilities" shall mean all liabilities of Borrower, excluding debt fully
subordinated to Bank on terms and conditions acceptable to Bank, and including
capitalized leases and all reserves for deferred taxes and other deferred sums
appearing on the liabilities side of a balance sheet, in accordance with
generally accepted accounting principles applied on a consistent basis.

The Bank has determined that the Borrower has violated the above-referenced
provision due to the following:

Borrower did not maintain a ratio of Total Liabilities to Effective Tangible Net
Worth of not more than 2.00 to 1.00 as of June 30, 2001.

The Borrower has requested the Bank's waiver, and the Bank does hereby waive the
Borrower's default under this provision for the fiscal year ended June 30, 2001,
subject to Borrower's execution of and return of this letter. This waiver is
limited to the default recited above and shall not be construed to be a waiver
of any subsequent default under the referenced provision, or of any existing or
future defaults under any other provision of any Loan Document.

The Borrower, by signature below, represents and warrants that there exist no
defaults or event of default under the Loan Documents other than those
specifically waived herein, that the Loan Documents are in full force and
effect, and that Borrower does not have any defenses to its obligations under
the Loan Documents nor any claims against Bank.

<PAGE>

Please evidence your acceptance of the terms of this waiver by signing and
returning to the Bank a copy of this letter bearing original authorized
signature of each of the parties indicated.

Sincerely,

FIRST UNION NATIONAL BANK

/s/ Janet R. Helms

Janet R. Helms
Vice President

ACCEPTED AND AGREED TO:

Nations Express, Inc.

By: /s/ William R. Frazier     Date:
    ----------------------          ----------
    William R. Frazier
    Executive Vice President & CFO
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE STATEMENTS FOR THE NINE MONTHS ENDED DECEMBER 31, 1997 AND
AS OF DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                    0000925665
<NAME> SPPS FINANCIAL CORPORATION
<MULTIPLIER>                    1
<CURRENCY>                      US dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Mar-31-1997
<PERIOD-START>                                 Apr-01-1996
<PERIOD-END>                                   Dec-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          1,212
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       425
<OTHER-SE>                                     (1,637)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  45
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (45)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (45)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (45)
<EPS-PRIMARY>                                  (.00)
<EPS-DILUTED>                                  (.00)
        

</TABLE>
#### Fields, Appellant, vs. Peters, Respondent.

For the appellant: *Douglas J. Mangan*of Milwaukee.

For the respondent: *Quarles, Spence & Quarles,*attorneys, and *Arthur Wickham*of counsel, all of Milwaukee.

*By the Court.*

Order affirmed.
Wuensch Consulting Group



Exhibit 10.2



Wuensch Consulting Group


 

 

April 29, 2000


 

 

 

Mr. Jack Wiesner 

Chairman and Chief Executive Officer

Stage Stores Inc.

10201 Main Street

Houston, Texas 77025


 

 

 

Dear Jack;


The purpose of this letter is to document our agreement concerning the role that Wuensch

Consulting Group (WCG) will play in the reorganization and restructuring of Stage Stores Inc.


Role

Ron Wuensch will report directly to you and will be the point person for Stage Stores Inc. 

on all reorganization issues including:



	Coordinating the activities of the professional team that you have





assembled to develop a plan for reorganizing and restructuring Stage Stores Inc.;









	Assisting you in presenting the proposed plan for review and approval; and
	Coordinating the implementation of the approved plan of 





reorganization and restructuring.








Fees and Expenses

Fees charged to Stage Stores Inc. will be calculated on an hourly basis.  The hourly rate for Ron Wuensch will be calculated at $300 per hour.  Staff hours will be calculated at $150 per hour.  Out of pocket expenses such as travel, communication etc. will be reimbursed.  Detailed time and expense bill will be presented for payment every two weeks.

Due to the nature of this assignment, a retainer of $50,000 will be required.


 

 

 

Wuensch Consulting Group


 

 

*************************



 

Please indicate your acceptance of this agreement by signing and returning one copy.


 

Sincerely,


/s/Ron Wuensch


Ronald W. Wuensch


 

Accepted



By:        /s/John J. Wiesner



Title:     Chairman, President & CEO



Date:     5/5/00
EXHIBIT 99.2


                           CERTIFICATIONS PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes- Oxley Act of 2002, the undersigned,  as
Chief Executive Officer of Tumbleweed, Inc. (The "Company"), does hereby certify
that to the undersigned's knowledge:

     1)       the  Company's  annual  report  on Form 10-K for the  fiscal  year
              ending December 29, 2002 (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 Company's Report fairly presents,
              in all material respects,  the financial  condition and results of
              operations of the Company.


                                              /s/ Terrance A. Smith
                                              ---------------------
                                              Terrance A. Smith
                                              President and Chief
                                              Executive Officer
Dated: March 28, 2003


Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes- Oxley Act of 2002, the undersigned,  as
Chief Financial Officer of Tumbleweed, Inc. (The "Company"), does hereby certify
that to the undersigned's knowledge:

     1)       the  Company's  annual  report  on Form 10-K for the  fiscal  year
              ending December 29, 2002 (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 Company's Report fairly presents,
              in all material respects,  the financial  condition and results of
              operations of the Company.


                                               /s/ Glennon F. Mattingly
                                               ------------------------
                                               Glennon F. Mattingly
                                               Vice President and
                                               Chief Financial Officer
Dated: March 28, 2003




<PAGE>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

GREGORY SMITH,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 34 WAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 27th day of June, 2018, the Petition for Allowance of Appeal is 

DENIED.
RECOMMENDED FOR FULL-TEXT PUBLICATION 

Pursuant to Sixth Circuit I.O.P. 32.1(b) 

File Name: 17a0139p.06 

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT 

JAE LEE, 

Petitioner-Appellant, 

v. 

UNITED STATES OF AMERICA, 

Respondent-Appellee. 

┐

│

│

│

│

│

│

│

┘

No. 14-5369 

On Remand from the United States Supreme Court. 

Nos. 2:09-cr-20011-1; 2:10-cv-02698—John Thomas Fowlkes, Jr., District Judge. 

Decided and Filed: July 7, 2017 

Before: NORRIS, BATCHELDER, and SUTTON, Circuit Judges. 

_________________ 

ORDER 

_________________ 

ALICE M. BATCHELDER, Circuit Judge. In light of the Supreme Court’s decision in 

Lee v. United States, No. 16-327, 2017 WL 2694701 (U.S. June 23, 2017), we hereby VACATE 

the judgment of the district court and REMAND for further proceedings consistent with the 

opinion of the Supreme Court. 

>