alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GILBERT P. SMITH *v.*JAMES A. WEBB.

Whether one possesses information *superior*to that of another, in regard to the subject matter of a contract, is a question of *fací,*and not of *law.*

Civil action, tried before *Bussell,*J., at December Special Term 1870, of New Hanover Court-.

The plaintiff had purchased of the defendant, some five hundred shares of stock in the Wilmington Manufacturing *542Company. The defendant, a citizen of New Jersey, was at the time President of the Company, and the plaintiff, a young man of twenty-three years of age, a resident of New Jersey. Before purchasing, the plaintiff had examined the-books and machinery of the Company, and was satisfied with, their condition. At that very time, as it turned out, the-Company was insolvent.

His Honor left it to the jury, to find whether the plaintiff had been careless in making the purchase, Stating that if he had been, he could not recover. It having been suggested that the defendant possessed information in regard to the subject matter of the contract, that was *superior*to that of the plaintiff; his Honor also left that question to the jury, saying that if that were so, they should find for the plaintiff.

Verdict, and Judgment for the defendant. Appeal by the-plaintiff.

*London,'fox*the appellant.

The question whether one of two parties to a contract possesses *superior information,*is an incident to the more comprehensive question of *reasonable diligence,*which is conceded to be a question of *law.*It is, therefore, itself a question of *law : Beaman*v. *Byrd,*3 Jon. 398. See *Fields*v. *Rouse,*3 Jon. 72.

*Strange, contra,*

cited *McFarland*v. *Newman,*9 Watts 57, and *Brittain*v. *Israel, 3*Hawks, 225.

Ream, J.

The allegation was, that the defendant had deceived and defrauded the plaintiff by misrepresentations, and that he was enabled to do so by reason of superior and exclusive information, which he possessed in regard to the-subject matter of the contract. There was conflicting evidence.

*543His Honor charged the jury, that if the defendant had deceived the plaintiff by false representations, and was enabled to do so by superior and exclusive information of the subject matter, the plaintiff was entitled to recover; and the jury found for the defendant.

The plaintiff excepted, upon the ground, that whether the defendant had such superior and exclusive information, was not a question of fact for the jury, but a question of law, for the Court. This is the only question presented in the case. It was pressed with considerable zeal by the learned counsel, because, as we suppose, of the large amount involved; but really there seems to us to be no foundation for the exception, and it cannot be made plainer by discussion. •

Whether one party has superior and exclusive information of the subject matter of a contract, and is thereby enabled to deceive, and does deceive the other, is purely a question of fact. It may be that the jury found against the weight of the evidence in this case, but we cannot consider that.

There is no error.

Pee, Curiam. Judgment affirmed.
<PAGE>   1

                                                                    EXHIBIT 99.3





                        IMC HOME EQUITY LOAN OWNER TRUST
                      HOME EQUITY LOAN ASSET BACKED NOTES
                                 SERIES 1998-4

DISTRIBUTION:  JULY 1998 - JANUARY 1999                                Page #1




<TABLE>
<CAPTION>
--------------------------------------------------------------------------------------------------------------------------------
   ORIGINAL         BEGINNING                                                   ENDING              OVER-            ENDING
     NOTE            NOTE         PRINCIPAL       INTEREST        TOTAL          NOTE          COLLATERALIZATION      LOAN
    BALANCE         BALANCE      DISTRIBUTION   DISTRIBUTION   DISTRIBUTION     BALANCE             AMOUNT           BALANCE
--------------------------------------------------------------------------------------------------------------------------------
<S>              <C>             <C>            <C>            <C>            <C>             <C>                 <C>
 600,000,000.00  600,000,000.00  79,508,164.37  18,921,357.11  98,429,521.48  520,491,835.63     12,338,498.07    532,830,333.70
================================================================================================================================
</TABLE>




<TABLE>
<CAPTION>
                          FACTOR INFORMATION PER $1,000                               NOTE RATES    
             -------------------------------------------------------        ------------------------------
                 PRINCIPAL        INTEREST            ENDING NOTE            INIT NOTE       CURR NOTE
               DISTRIBUTION      DISTRIBUTION            BALANCE                 RATE            RATE
             -------------------------------------------------------        ------------------------------
             <S>                <C>                   <C>                   <C>             <C>  
               132.51360728       31.53559518         867.48639272            5.81625%      5.72063%
             =======================================================        ==============================
</TABLE>




                IF THERE ARE ANY QUESTIONS OR PROBLEMS WITH THIS STATEMENT,
PLEASE CONTACT THE ADMINISTRATOR LISTED BELOW:






                                 THOMAS ROLLAUER
                         THE CHASE MANHATTAN BANK - ASPG
                        450 WEST 33RD STREET, 15TH FLOOR
                            NEW YORK, NEW YORK 10001
                                 (212) 946-3881











(C) COPYRIGHT 1996, THE CHASE MANHATTAN BANK
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         552,000
<SECURITIES>                                   790,000
<RECEIVABLES>                                6,158,000
<ALLOWANCES>                                 1,705,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             6,889,000
<PP&E>                                       7,056,000
<DEPRECIATION>                               3,275,000
<TOTAL-ASSETS>                              15,589,000
<CURRENT-LIABILITIES>                        8,343,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,000
<OTHER-SE>                                   6,394,000
<TOTAL-LIABILITY-AND-EQUITY>                15,589,000
<SALES>                                              0
<TOTAL-REVENUES>                             4,524,000
<CGS>                                                0
<TOTAL-COSTS>                                3,363,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             142,000
<INCOME-PRETAX>                               (71,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (71,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (71,000)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        


</TABLE>
Edit 300A Summary Data Page 1 of 1

Edit 300A Summary Data

Complete the following steps to edit the 300A Summary data for an establishment. Note: For 

additional information, place cursor over the information icon .

1. Selectthe “15T View Establishment List” 15T button in the “For Manual Data Entry” section on the 

“15T Injury Tracking Application” 15T screen, OR

2. Select the “15T View Establishment List” 15T option from the dropdown “15TNavigation Menu”15T to 

display the list of establishments connected to your account.

3. Select the establishment name hyperlink in the “Name” column and then select the “Edit 

300A Data” button in the “Summary for Filing Year YYYY” section. 

4. Update information as needed.

5. Select the “15T Save” 15T button. 

Important: If you edit your data after it has already been submitted, you must 15T resubmit15T the data 

for the changes to be registered. Select the “15T Submit Data” 15T button. In the Confirm Submission of 

Data notification, check the checkbox to certify the data being submitted. Select the “Submit 

Data” button.
**Exhibit 32.2**

 

**CERTIFICATION OF THE 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 Lime Energy Co. (the “Company”) on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”) to which this Certification is attached, I, Jeffrey R. Mistarz, Chief Financial Officer of the Company, certify solely for the purposes of 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my 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 results of operations of the Company.

 

 
| Date: March 10, 2011                                                                       |   |
|-------------------------------------------------------------------------------------------------|--------|
|                                                                                            |   |
|                                                                                            |   |
| /s/   Jeffrey R. Mistarz                                                                        |   |
| Jeffrey   R. Mistarz                                                                            |   |
| Executive   Vice President, Chief Financial Officer, Treasurer & Corporate   Secretary |   |

 

*This certification is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Act of 1934 (whether made before or after the date of the Report), irrespective of any general incorporation language contained in such filing.*

 

----
Exhibit 15.01  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  We consent to the incorporation by reference in the Registration
Statement on Form S-8 (File No. 333-130339) pertaining to the Agnico-Eagle
Mines Limited amended and Restated Employee Stock Option Plan and the
Agnico-Eagle Mines Limited Amended and Restated Incentives Share Purchase Plan,
the Registration Statement on Form S-3 (File No. 333-120043) pertaining to the
Agnico-Eagle Mines Limited Dividend Reinvestment and Share Purchase Plan, the
Registration Statement on Form F-10, as amended (File No. 333-138921)
and the Registration Statement on Form F-10 (as may be amended or supplemented)
(File No. 333-141229)
of our report dated March 19, 2007, with respect to the
consolidated financial statements of Agnico-Eagle Mines Limited as of December 31, 2006,
and our report dated March 19, 2007, with respect to Agnico-Eagle Mines Limited
management's assessment of the effectiveness of internal control over financial
reporting and the effectiveness of internal control over financial reporting of
Agnico-Eagle Mines Limited, which reports appear in the December 31, 2006
Annual Report on Form 20-F of Agnico-Eagle Mines Limited.  /s/ ERNST & YOUNG LLPChartered Accountants  Toronto, Canada
March 23, 2007  1
**EXHIBIT
      32.2**





**CERTIFICATION**


**Pursuant
      to 18 United States Code Section 1350**








The
      undersigned hereby certifies that the Quarterly Report on Form 10-QSB for the
      quarter ended March 31, 2006 of Nanobac Pharmaceuticals, Incorporated (the
      "Company") filed with the Securities and Exchange Commission on the date hereof
      fully complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended, and that the information contained in such
      report fairly presents, in all material respects, the financial condition and
      results of operations of the Company.








/s/
      John
      D Stanton


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


John
      D
      Stanton


Chief
      Financial Officer


May
      8,
      2006











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






28
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 ARKONA,  Inc. (the "Company") on Form
10-QSB for the  quarterly  period  ended  September  30,  2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Leland
H. Boardman,  Chief Financial  Officer 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 to the best of my 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 results of operations
          of the Company.


/s/ Leland H. Boardman
----------------------------
Chief Financial Officer
November 14, 2005
[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Page 87568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25588]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE424]


Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; public meeting.

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

SUMMARY: The Mid-Atlantic Fishery Management Council's (Council) 
Scientific and Statistical Committee (SSC) will hold a meeting.

DATES: The meeting will be held on Wednesday, November 20, 2024, from 
10 a.m. to 12 p.m. See SUPPLEMENTARY INFORMATION for agenda details.

ADDRESSES: The meeting will take place over webinar using the Webex 
platform with a telephone-only connection option. Details on how to 
connect to the webinar by computer and by telephone will be available 
at: www.mafmc.org/ssc.
    Council address: Mid-Atlantic Fishery Management Council, 800 N 
State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; 
website: www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive 
Director, Mid-Atlantic Fishery Management Council, telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: During this meeting, the SSC will provide 
revised Acceptable Biological Catch (ABC) recommendations for the 2025 
Spiny Dogfish fishing year. At their October 2024 meeting, the Council 
reviewed the stock status and performance of the Spiny Dogfish fishery 
and deferred action on modifying 2025 Spiny Dogfish specifications 
until their December meeting. The Council requested the SSC calculate a 
revised ABC equal to the catch associated with a 50% probability of 
overfishing under a suspension of the Council's risk policy. The SSC 
may take up any other business as necessary.
    A detailed agenda and background documents will be made available 
on the Council's website (www.mafmc.org) prior to the meeting.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aid should 
be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior 
to the meeting date.
    Authority: 16 U.S.C 1801 et seq.

    Dated: October 30, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2024-25588 Filed 11-1-24; 8:45 am]
BILLING CODE 3510-22-P
# Fourth Court of Appeals

San Antonio, Texas

November 18, 2022

No. 04

- 22

- 00620

- CR

Carlton Leroy ZIMMERMAN

,

Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 8

, Bexar County, Texas

Trial Court No. CC678082 Honorable Brenda Chapman , Judge Presiding



### O R D E R

The reporter’s record was originally due November 14 , 2022 . On October 4, 2022

, the court reporter filed a notification of late record stating that appellant had not requested the

record . On October 5, 2022

, we issued an order instructing appellant to provide written proof to

this court of such a request by October 17, 2022

. On Novem ber 3, 2022

, the court reporter filed a

second notification of late record asking for an extension of unknown duration and stating that the appellant had requested the record but had not paid for it

. On November 8 , 2022

, the court reporter filed the repor ter’s record. We therefore WITHDRAW our req uest for written proof of a

request from appellant

, and we DENY the court reporter’s request as MOOT.

_________________________________ Beth Watkins , JusticeIN WI TNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 18th day of November, 2022

.

___________________________________ M ichael A. C ruz
, Clerk of Court
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000002589
<NAME> STEVE R. HEDBERG
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             117
<SECURITIES>                                         0
<RECEIVABLES>                                    4,767
<ALLOWANCES>                                         0
<INVENTORY>                                      1,014
<CURRENT-ASSETS>                                14,937
<PP&E>                                          13,844
<DEPRECIATION>                                   8,237
<TOTAL-ASSETS>                                  20,575
<CURRENT-LIABILITIES>                           15,107
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           510
<OTHER-SE>                                         517
<TOTAL-LIABILITY-AND-EQUITY>                    20,575
<SALES>                                         25,032
<TOTAL-REVENUES>                                25,032
<CGS>                                           20,258
<TOTAL-COSTS>                                   20,258
<OTHER-EXPENSES>                                    43
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 751
<INCOME-PRETAX>                                  (393)
<INCOME-TAX>                                         8
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (401)
<EPS-PRIMARY>                                    (.16)
<EPS-DILUTED>                                        0
        

</TABLE>
II

106TH CONGRESS

1ST SESSION S. 777

To require the Department of Agriculture to establish an electronic filing

and retrieval system to enable the public to file all required paperwork

electronically with the Department and to have access to public information on farm programs, quarterly trade, economic, and production reports, and other similar information.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 1999

Mr. FITZGERALD introduced the following bill; which was read twice and

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To require the Department of Agriculture to establish an

electronic filing and retrieval system to enable the public

to file all required paperwork electronically with the Department and to have access to public information on

farm programs, quarterly trade, economic, and production reports, and other similar information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Freedom to E-File

5 Act’’.
2

•S 777 IS

1 SEC. 2. ELECTRONIC FILING AND RETRIEVAL.

2 (a) IN GENERAL.—Not later than 180 days after the

3 date of enactment of this Act, the Secretary of Agriculture

4 shall establish an electronic filing and retrieval system to

5 enable the public to file all required paperwork electroni6 cally with the Department of Agriculture and to have ac7 cess to public information on farm programs, quarterly

8 trade, economic, and production reports, and other similar

9 information.

10 (b) PROGRESS REPORTS.—Not later than 90 days

11 after the date of enactment of this Act, the Secretary shall

12 report to Congress on the progress made toward imple13 menting subsection (a).

Æ