alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sachs *v.*Fuller.

Opinion delivered April 27, 1901.

Bills and Notes — Asreement to Indorse — Liability.—No liability accrues on an agreement to indorse an overdue note unless demand of payment was made upon tlie principal within a reasonable time after the indorsement should have been made and notice of nonpayment was given to the indorser.

Appeal from Poinsett Circuit Court.

Felix G. Tayloe, Judge.

Action bj1- Theresa Sachs against the Puller Bros. Toll, Lumber and Box Company on an agreement to indorse a note. Prom a judgment in favor of defendant plaintiff has appealed.

*Allen Hughes*and *Chas. D.*Frierson, for appellant.

The court erred in giving instruction No. 1. 80 Am. Dec. 668. It was also error to refuse the instruction asked by appellant, to the effect that an indorsement without recourse was not a compliance with the contract. The whole contract was an agreement to indorse, with assumption of liability, and appellees are estopped to deny this. Bish. Contr. §§ 317, 381; 15 Oh. St. 225; 80 Am. Dec. 668; 88 Am. Dec. 337; 61 N. Y. 616.

*N. F.*Lamb, for appellee.

Appellee is not liable as an indorser with recourse. If its liability is such, it was entitled to notice of dishonor. 11 Ark. 504; 14 Ark. 334; 26 Ark. 155; 14 Ark. 127; 6 K W. 119; 16 S. W. 66; 18 Pick. 260; 10 Am. Dec. 663; 16 *id.*672; 13 *id.*629; 2 Conn. 419; 12 Am. Dec. 436; Dan. Neg. Inst. 606, 611; 53 Am. Dec. 322; 39 *id.*158.

Battle, J.

Assuming that appellee agreed to indorse the note executed by W. T. Bishop to R. R. Bishop for $100, as contended by appellant, and failed to do so, its liability was no greater than it would have been had it done so. By agreeing to indorse the note it undertook to pay the amount due on the same, provided payment was demanded by appellant of the maker of the note within a reasonable time after the indorsement, and he refused to *271pay the same, and due notice of such refusal was given to the appellee, the note being overdue at the time appellee agreed to indorse it. To hold appellee responsible, such demand must have been made, but appellant wholly failed to make it, and held the note sixteen days, when she discovered that it was indorsed by appellee “without recourse,” and returned the note to appellee. Appellee is not liable for damages on the instrument or the agreement to indorse, the conditions upon which it was to become liable never having been performed.

Judgment affirmed.
1

SUPREME COURT OF THE STATE OF MONTANA

DA 21-0603

NORVAL ELECTRIC COOPERATIVE INC.,

Appellant/Cross-Appellee

v.

SHALAINE LAWSON,

Appellee/Cross-Appellant

____________________________

PROPOSED ORDER ON APPELLEE/CROSS-APPELLANT’S 

UNOPPOSED MOTION TO SUSPEND DUE DATE FOR COMBINED 

RESPONSE AND CROSS-APPEAL UNTIL COURT’S RECORD IS 

COMPLETE 

____________________________

Upon consideration of Appellee/Cross-Appellant’s unopposed motion to 

suspend the due date for her combined response and cross-appeal until this Court’s 

record is complete, and good cause appearing therefor,

IT IS HEREBY ORDERED that the April 25, 2022, due date for 

Appellee/Cross-Appellant’s combined response and cross-appeal is suspended and 

that said brief will be due within 30 days of this Court’s receiving the boxes of file 

materials from the Valley County Clerk of Court and filing said information into this 

Court’s record. 

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 7 2022

04/07/2022

Case Number: DA 21-0603
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 American Superconductor Corporation (the
Company) for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, David A. Henry, Chief Financial Officer of the Company, hereby certifies,
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) 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/ David A. Henry     
|David A. Henry         
|Chief Financial Officer

August 9, 2007
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. 2:17-cr-223 (1)

Judge Marbley

Armoni David-Pavet Cooler 

ORDER

There being no objections, the court hereby adopts the Report

and Recommendation of the Magistrate Judge (ECF No. 26) that the

defendant’s guilty plea be accepted. The Court accepts the

defendant’s plea of guilty to Count 1 of the Superseding

Indictment, and he is hereby adjudged guilty on this count. The

Court will defer the decision of whether to accept the plea

agreement until the sentencing hearing.

Date: March 20, 2018 s\Algenon L. Marbley 

 Algenon L. Marbley

 United States District Judge
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

JOHNNIE COOK, Case No. 1:17-cv-161 

Plaintiff, Dlott J. 

 Bowman, M.J. 

 v. 

CLAUDE WOODARD 

Defendants. 

REPORT AND RECOMMENDATION 

This civil rights action is now before the Court on Plaintiff’s motions to dismiss 

this matter. (Docs. 15, 16).). Plaintiff’s motions are unopposed. 

 For good cause shown and in the absence of any opposition, it is herein 

RECOMMENDED Plaintiff’s motions to dismiss this action (Docs. 15, 16) be GRANTED 

and this matter terminated on the active docket of the Court. 

 

s/Stephanie K. Bowman 

 Stephanie K. Bowman 

 United States Magistrate Judge 

Case: 1:17-cv-00161-SJD-SKB Doc #: 18 Filed: 09/12/17 Page: 1 of 2 PAGEID #: 60
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

JOHNNIE COOK, Case No. 1:17-cv-161 

Plaintiff, Dlott J. 

 Bowman, M.J. 

 v. 

CLAUDE WOODARD 

Defendants. 

NOTICE 

 Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written 

objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS of 

the filing date of this R&R. That period may be extended further by the Court on timely 

motion by either side for an extension of time. All objections shall specify the portion(s) 

of the R&R objected to, and shall be accompanied by a memorandum of law in support 

of the objections. A party shall respond to an opponent’s objections within FOURTEEN 

(14) DAYS after being served with a copy of those objections. Failure to make 

objections in accordance with this procedure may forfeit rights on appeal. See Thomas 

v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Case: 1:17-cv-00161-SJD-SKB Doc #: 18 Filed: 09/12/17 Page: 2 of 2 PAGEID #: 61
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the

1

Western District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2225

___________

Denny R. Hardin, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Basil Porter; Kansas City Auto * [UNPUBLISHED]

Auction; Manheim Corporation, *

*

Appellees. *

___________

 Submitted: September 4, 1998

 Filed: September 9, 1998

___________

Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Denny R. Hardin appeals the district court&s dismissal of his lawsuit asserting 1

claims of civil rights violations and employment discrimination, together with related

state law claims. After careful review of the record and the parties& briefs, we affirm

the dismissal of the federal claims for the reasons stated by the district court. We also

affirm the dismissal without prejudice, under 28 U.S.C. § 1367, of the supplemental

state law claims. See 28 U.S.C. § 1367(d) (tolling period of limitations for state law
-2-

claims while claims are pending and for 30 days after dismissal or longer period if

provided by state law).

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
CERTIFICATION OF
                          CHIEF EXECUTIVE OFFICER AND
                            CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-QSB of
Transcendent, Inc. for the quarter ending March 31, 2004, I, Rick Plotnikoff,
Chief Executive Officer and Chief Financial Officer of Transcendent, Inc. hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906
of the Sarbanes-Oxley act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report of Form 10-QSB for the period ending March 31,
          2004, 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 such Quarterly Report on Form 10-QSB for
          the period ended March 31, 2004, fairly represents in all material
          respects, the financial condition and results of operations of
          Transcendent, Inc.

Dated:    May 14, 2004

Transcendent, Inc.


By:  /s/ Rick Plotnikoff
-----------------------------------------
Chief Executive Officer
Chief Financial Officer
EXHIBIT 23






Consent of Independent Accountants



We consent to the incorporation by reference in the registration
statements of Stanley Furniture Company, Inc. on Form S-8 (File
Nos. 33-58396, 33-67218, 33-58797 and 33-56721) of our report dated
January 23, 1998, on our audits of the financial statements and
financial statement schedule of Stanley Furniture Company, Inc. as
of December 31, 1997 and 1996, and for each of the three years in
the priod ended December 31, 1997, which report is included in this
Annual Report on Form 10-K.




                                      Coopers & Lybrand L.L.P.



Richmond, Virginia
February 6, 1998
<PAGE>

                                  EXHIBIT 32.2

            CERTIFICATION OF THE CHIEF 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 Kensey Nash Corporation (the "Company")
on Form 10-K for the fiscal year ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Wendy
F. DiCicco, Chief Financial Officer 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 result of operations of the Company.

Date: September 13, 2004    By: /s/ Wendy F. DiCicco, CPA
                                -------------------------
                                Wendy F. DiCicco, CPA
                                Chief Financial Officer

                                       95
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

IN THE MATTER OF:

SEARCH AND SEIZURE WARRANTS, 

APPLICATIONS, PEN REGISTERS, AND

NON-DISCLOSURE ORDERS IN THE 

CASES LISTED IN ATTACHMENT A

CASE NO. ____________

MAGISTRATE JUDGE VASCURA

UNDER SEAL

ORDER TO SEAL

Upon motion of the United States of America and for good cause shown, it is

ORDERED that the Search and Seizure Warrants, Applications, Pen Registers, Non-Disclosure 

Orders, and related documents in the cases listed in Attachment A remain sealed, and the Clerk is 

instructed not to unseal the Search and Seizure Warrants, Applications, Pen Registers, and NonDisclosure Orders and related documents in the cases listed in Attachment A until July 31, 2020, 

or upon a motion by the United States and additional order by the Court. 

Dated: _______________________ _____________________________________

UNITED STATES MAGISTRATE JUDGE

1/31/2020 /s/Chelsey M. Vascura

Case: 2:18-mj-00130-EPD Doc #: 8 Filed: 01/31/20 Page: 1 of 3 PAGEID #: 29
ATTACHMENT A

2:17-MJ-277 

2:17-MJ-299 

2:17-MJ-303 

2:17-MJ-337 

2:17-MJ-358 

2:17-MJ-388 

2:17-MJ-479 

2:17-MJ-506 

2:17-MJ-533 

2:17-MJ-538 

2:17-MJ-559 

2:17-MJ-608 

2:17-MJ-609 

2:17-MJ-626 

2:17-MJ-675 

2:18-MJ-001 

2:18-MJ-072 

2:18-MJ-073 

2:18-MJ-082 

2:18-MJ-112 

2:18-MJ-113 

2:18-MJ-114 

2:18-MJ-130 

2:18-MJ-131 

2:18-MJ-132 

2:18-MJ-160 

2:18-MJ-164 

2:18-MJ-216 

2:18-MJ-262 

2:18-MJ-263 

2:18-MJ-280 

2:18-MJ-281 

2:18-MJ-289 

2:18-MJ-327 

2:18-MJ-374 

2:18-MJ-375 

2:18-MJ-383 

2:18-MJ-431 

2:18-MJ-538 

Case: 2:18-mj-00130-EPD Doc #: 8 Filed: 01/31/20 Page: 2 of 3 PAGEID #: 30
2:18-MJ-539 

2:18-MJ-557 

2:18-MJ-576 

2:18-MJ-631 

2:18-MJ-745 

2:18-MJ-746 

2:18-MJ-748 

2:18-MJ-837 

2:18-MJ-838 

2:18-MJ-860 

2:18-MJ-879 

2:18-MJ-880 

2:19-MJ-002 

2:19-MJ-003 

2:19-MJ-017 

2:19-MJ-018 

2:19-MJ-076 

2:19-MJ-131 

2:19-MJ-132 

2:19-MJ-133 

2:19-MJ-205 

2:19-MJ-206 

2:19-MJ-781 

2:19-MJ-848 

2:19-MJ-835 

2:19-MJ-861 

2:19-MJ-931 

2:19-MJ-925 

2:19-MJ-938 

2:20-MJ-041 

Case: 2:18-mj-00130-EPD Doc #: 8 Filed: 01/31/20 Page: 3 of 3 PAGEID #: 31
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 Genta Incorporated (the “Company”) on Form 10-Q for the quarter ended March 31, 2010 (the “Report”), I, Raymond P. Warrell, Jr., M.D., Chief Executive 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:





(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:      May 16, 2011








/s/ RAYMOND P. WARRELL, JR., M.D.*


Name:    Raymond P. Warrell, Jr., M.D.


Title:      Chairman and Chief Executive Officer








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













 







 


October 9, 2015







root9B Technologies, Inc.


Attn: Brian King, COO


1185 Avenue of the Americas,


Suite 1750


New York, New York 10036


 


RE: Amendment to Agreement and Plan of Merger


 


Dear Mr. King:


 


Reference is made to that certain Agreement and Plan of Merger dated February 6, 2015 (the “Merger Agreement”) by and among root9B Technologies, Inc. (“root9B”), IPSA International Services, Inc. (“Merger Sub”) and IPSA International, Inc. (“IPSA”).  Capitalized terms used but not defined herein shall have the meanings set forth in the Merger Agreement.


 


Pursuant to Section 1.12 of the Merger Agreement, root9B agreed to issue Post-Closing Shares to IPSA if, among other things, the Post Closing Price Benchmark became effective and Merger Sub achieved certain income and revenue thresholds.  The parties to the Merger Agreement acknowledge and agree that Merger Sub will not achieve such income and revenue thresholds, and root9B desires to make the Post-Closing Shares available for issuance to other parties.  The parties therefore agree to amend the Merger Agreement by deleting Section 1.12 thereof.


 


Upon your execution of this letter agreement, the Merger Agreement shall be deemed amended to the extent set forth herein.  All other terms and provisions of the Merger Agreement shall remain in full force and effect.  If there is any inconsistency with the terms of the Merger Agreement and this letter agreement, the terms of this letter agreement shall govern.  This letter agreement is intended to be a final expression of our agreement to amend the Merger Agreement and is intended to be a complete and exclusive statement of our agreement and understanding with respect to such amendment.  This letter agreement may not be modified or amended except by a written agreement signed by IPSA, Merger Sub and you.







Sincerely,







/s/ Dan Wachtler


Dan Wachtler


 


Chief Executive Officer


 







Agreed to and accepted:







ROOT9B TECHNOLOGIES, INC.







By: /s/ Brian King


Name: Brian King


Title:  COO







IPSA INTERNATIONAL SERVICES, INC.







By: /s/ Dan Wachtler


Name: Dan Wachtler


Title: Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
(FILE NO. 0-22614) WHICH INCLUDES BALANCE SHEETS AND STATEMENTS OF OPERATIONS
FOR THE PERIOD PRESENTED AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          24,087
<SECURITIES>                                     2,389
<RECEIVABLES>                                   15,289
<ALLOWANCES>                                       508
<INVENTORY>                                          0
<CURRENT-ASSETS>                                41,967
<PP&E>                                           3,501
<DEPRECIATION>                                   1,188
<TOTAL-ASSETS>                                  44,402
<CURRENT-LIABILITIES>                           10,618
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             8
<OTHER-SE>                                      33,776
<TOTAL-LIABILITY-AND-EQUITY>                    44,402
<SALES>                                         46,438
<TOTAL-REVENUES>                                46,438
<CGS>                                           24,264
<TOTAL-COSTS>                                   40,948
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  38
<INCOME-PRETAX>                                  6,803
<INCOME-TAX>                                     2,106
<INCOME-CONTINUING>                              4,697
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,697
<EPS-PRIMARY>                                     0.57
<EPS-DILUTED>                                     0.57
        

</TABLE>
III 

116TH CONGRESS 

2D SESSION S. RES. 512 

Designating March 2, 2020, as ‘‘Read Across America Day’’. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2020 

Ms. COLLINS (for herself, Mr. REED, Mr. BRAUN, Mr. CARPER, Mr. WICKER, 

Ms. HASSAN, Mrs. CAPITO, Mr. WHITEHOUSE, Ms. WARREN, Ms. KLOBUCHAR, and Mr. DURBIN) submitted the following resolution; which was 

considered and agreed to 

RESOLUTION 

Designating March 2, 2020, as ‘‘Read Across America Day’’. 

Whereas reading is— 

(1) a basic requirement for quality education and 

professional success; and 

(2) a source of pleasure throughout life; 

Whereas the people of the United States must be able to read 

if the United States is to remain competitive in the global 

economy; 

Whereas Congress has placed great emphasis on reading 

intervention and providing additional resources for reading assistance, including through— 

(1) the programs authorized under the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6301 

et seq.); and 


kjohnson on DSK79L0C42PROD with BILLS
2 

•SRES 512 ATS 

(2) annual appropriations for library and literacy 

programs; and 

Whereas more than 50 national organizations concerned 

about reading and education have joined with the National Education Association to designate March 2, the 

anniversary of the birth of Theodor Geisel (commonly 

known as ‘‘Dr. Seuss’’), as a day to celebrate reading: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates March 2, 2020, as ‘‘Read Across 

3 America Day’’; 

4 (2) honors— 

5 (A) all authors for their success in encour6 aging children to discover the joy of reading; 

7 and 

8 (B) the 23rd anniversary of Read Across 

9 America Day; and 

10 (3) encourages— 

11 (A) parents, educators, and communities— 

12 (i) to read with children for at least 

13 30 minutes on Read Across America Day; 

14 and 

15 (ii) in honor of the commitment of the 

16 Senate to building a country of readers, to 

17 promote a love of reading and opportuni18 ties for all children to see themselves re19 flected in literature; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•SRES 512 ATS 

1 (B) the people of the United States to ob2 serve Read Across America Day with appro3 priate ceremonies and activities. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 32.1

SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Friedhelm Blobel, Chief Executive Officer, of SciClone Pharmaceuticals, Inc. (the Registrant), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(1) the Quarterly Report
on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

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



|                   |  |  |  |  |  |                            
|------------------ |  |  |  |  |  | ---------------------------
|Date: May 10, 2010 |  |  |  |  |  | /s/ Friedhelm Blobel, Ph.D.
|                   |  |  |  |  |  | Friedhelm Blobel, Ph.D.    
|                   |  |  |  |  |  | Chief Executive Officer    

A signed
original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by
Section 906, has been provided to SciClone Pharmaceuticals, Inc. and will be retained by SciClone Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.