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

Opinion delivered June 13, 1927.

Municipal corporations — right to reco-ver on appeal bond. — Where, on appeal to the circuit court from a conviction in a mayor’s court of violating a city ordinance, defendant failed to appear, and the appeal was dismissed and the cause remanded with directions to enforce the judgment, the city was authorized to bring suit against the surety on the appeal bond in a justice’s court; the remedy by suit in the circuit court, under Crawford & Moses’ Dig., § 7559, not being exclusive.

Appeal from Nevada Circuit -Court; *James IT. McCollum,*Judg’e;

reversed.

*G. W. Mattheivs,*for appellant.

Humphreys, J.

This is an appeal from the circuit court of Nevada County dismissing the complaint of appellant seeking to recover one hundred dollars from appellee as surety upon an appeal bond which he signed *397for J. 0. Shankles, who took an appeal, to tlie circuit court of Clark County from a judgment of conviction in the mayor’s court of Gurdon, Arkansas, for transporting whiskey, in violation of a city ordinance of said- city. When the case for unlawfully transporting liquor was called for trial in the circuit court of Clark County, J. C. Shankles failed to appear, whereupon his appeal was dismissed and the cause remanded to the mayor’s court of Gurdon, with directions to enforce the judgment. Immediately after giving the appeal bond J. C. Shankles left the city, so this suit was brought before a justice of the peace in Nevada County against appellee on the bond, where a judgment was obtained, from which judgment an appeal was duly prosecuted to the circuit court of Nevada County. The appeal bond contained a provision that, in case the appeal was dismissed, the obligors therein would pay the judgment of the mayor’s court, together with the costs of the appeal.

On trial anew in the circuit court of Nevada County the court decided that the exclusive remedy of appellant herein on the appeal bond was to have taken judgment by default thereon in the circuit court of Nevada County. Appellee had such remedy, and it was the most direct and appropriate one, but certainly not the exclusive one. Section 7559 of Crawford & Moses’ Digest provides for the recovery of lines, penalties and forfeitures by a municipal corporation in addition to any other mode provided, in any court of competent jurisdiction, Aside from this statute, the bond was an undertaking upon which suit' might be brought for a breach thereof wherever service could be obtained upon the obligors.

The judgment dismissing the complaint of appellant is therefore reversed, and judgment will be entered here for one hundred dollars and costs against appellee. ••
****Exhibit 12 (b) **GENERAL ELECTRIC CAPITAL SERVICES, INC.    AND CONSOLIDATED AFFILIATES

Computation of Ratio of Earnings to Combined Fixed Charges    and Preferred Stock Dividends 
 

   **Years ended December 31  
 *(In millions)**2003 **2002 **2001 **2000 **1999  
 
 
 
 
 
Net earnings
$
7,415 
$
3,611 
$
5,417 
$
5,192 
$
4,443 
Provision for income taxes 
1,458  
(79
) 
1,380  
1,912  
1,653 
Minority interest 
109  
143  
163  
214  
186  
 
 
 
 
 
Earnings before income taxes and minority interest 
8,982  
3,675  
6,960  
7,318  
6,282  
 
 
 
 
 
Fixed charges:               
     Interest 
9,975  
10,078  
10,836  
11,415  
9,607 
     One-third of rentals 
298  
326  
335  
392  
356  
 
 
 
 
 
Total fixed charges 
10,272  
10,404  
11,171  
11,807  
9,963  
 
 
 
 
 
Less interest capitalized, net of amortization 
(23
) 
(38
) 
(88
) 
(121
) 
(87
) 
 
 
 
 
 
Earnings before income taxes and minority interest,          plus fixed charges
$
19,231 
$
14,041 
$
18,043 
$
19,004 
$
16,158  
 
 
 
 
 
Preferred stock dividend requirements
$
1 
$
1 
$
1 
$
1 
$
1 
Ratio of earnings before provisions for income          taxes to net earnings 
1.20  
0.98  
1.25  
1.37  
1.37  
 
 
 
 
 
Preferred stock dividend factor on pre-tax basis 
1  
1  
1  
1  
1 
Fixed charges 
10,272  
10,404  
11,171  
11,807  
9,963  
 
 
 
 
 
Total fixed charges and preferred stock dividend          requirements
$
10,273 
$
10,405 
$
11,172 
$
11,808 
$
9,964  
 
 
 
 
 
Ratio of earnings to combined fixed charges and          preferred stock dividends 
1.87  
1.35  
1.62  
1.61  
1.62  
 
 
 
 
 *******************
[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3100-3101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01031]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-482-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: TPC 2022-01-12 Negotiated Rate 
Agreement to be effective 1/13/2022.
    Filed Date: 1/12/22.
    Accession Number: 20220112-5129.
    Comment Date: 5 p.m. ET 1/24/22.

    Docket Numbers: RP22-483-000.
    Applicants: Northern Border Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements--
Housekeeping to be effective 2/12/2022.
    Filed Date: 1/12/22.
    Accession Number: 20220112-5134.
    Comment Date: 5 p.m. ET 1/24/22.

    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.

[[Page 3101]]

    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: January 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-01031 Filed 1-19-22; 8:45 am]
BILLING CODE 6717-01-P
<PAGE>

                                                                   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 Annual Report of Globix Corporation (the "Company") on
Form 10-K/A for the period ending September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
M. Dennerlein, 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:

         (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: January 28, 2005                                 GLOBIX CORPORATION


                                                       /s/ Robert M. Dennerlein
                                                       -------------------------
                                                       Robert M. Dennerlein
                                                       Chief Financial Officer
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, 2011 |  |  |  | /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.
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          28,086
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 9,130
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    157,306
<INVESTMENTS-CARRYING>                          33,789
<INVESTMENTS-MARKET>                            34,192
<LOANS>                                        497,928
<ALLOWANCE>                                      5,713
<TOTAL-ASSETS>                                 761,104
<DEPOSITS>                                     665,798
<SHORT-TERM>                                    10,347
<LIABILITIES-OTHER>                              6,394
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,300
<OTHER-SE>                                      65,265
<TOTAL-LIABILITIES-AND-EQUITY>                 761,104
<INTEREST-LOAN>                                 43,251
<INTEREST-INVEST>                               13,091
<INTEREST-OTHER>                                   752
<INTEREST-TOTAL>                                57,094
<INTEREST-DEPOSIT>                              25,104
<INTEREST-EXPENSE>                                 565
<INTEREST-INCOME-NET>                           31,425
<LOAN-LOSSES>                                      880
<SECURITIES-GAINS>                               (372)
<EXPENSE-OTHER>                                 22,194
<INCOME-PRETAX>                                 13,418
<INCOME-PRE-EXTRAORDINARY>                      13,418
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,151
<EPS-PRIMARY>                                     1.53
<EPS-DILUTED>                                     1.53
<YIELD-ACTUAL>                                    8.51
<LOANS-NON>                                        888
<LOANS-PAST>                                     2,520
<LOANS-TROUBLED>                                   718
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 5,430
<CHARGE-OFFS>                                    1,070
<RECOVERIES>                                       323
<ALLOWANCE-CLOSE>                                5,713
<ALLOWANCE-DOMESTIC>                             5,713
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Donald R. Sellers, 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: April 30, 2004                               /s/ Donald R. Sellers
                                          --------------------------------------
                                                     Donald R. Sellers
                                                  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.
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.
 Small Business Administration [Disaster Declaration #17296 and #17297; ARKANSAS Disaster Number AR-00120]
 AGENCY: Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Arkansas (FEMA-4633-DR), dated 12/23/2021. *Incident:*
                         Severe Storms and Tornadoes. *Incident Period:*
                         12/10/2021 through 12/11/2021.
 DATES: Issued on 12/23/2021. *Physical Loan Application Deadline Date:*
                         02/22/2022. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         09/23/2022.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/23/2021, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):*
                     Craighead, Jackson, Mississippi, Poinsett, Woodruff *Contiguous Counties (Economic Injury Loans Only):* Arkansas: Crittenden, Cross, Greene, Independence, Lawrence, Monroe, Prairie, Saint Francis, White Missouri: Dunklin, Pemiscot Tennessee: Dyer, Lauderdale, Tipton The Interest Rates are: Percent*For Physical Damage:*Homeowners with Credit Available Elsewhere
2.875Homeowners without Credit Available Elsewhere
1.438( print page 2206)Businesses with Credit Available Elsewhere
5.660Businesses without Credit Available Elsewhere
2.830Non-Profit Organizations with Credit Available Elsewhere
1.875Non-Profit Organizations without Credit Available Elsewhere
1.875*For Economic Injury:*Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere
2.830Non-Profit Organizations without Credit Available Elsewhere
1.875
 The number assigned to this disaster for physical damage is 17296 C and for economic injury is 17297 0. (Catalog of Federal Domestic Assistance Number 59008) Barbara Carson, Acting Associate Administrator for Disaster Assistance.


[FR Doc. 2022-00510 Filed 1-12-22; 8:45 am] BILLING CODE 8026-03-P
#### Bernarr Frank HAYDEN, Appellant, v. UNITED STATES of America, Appellee.

No. 19488.

United States Court of Appeals Ninth Circuit.

March 29, 1965.

Rehearing Denied May 10, 1965.

A1 Matthews, Los Angeles, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., Jo Ann I. Dunne, Asst. U. S. Atty., Chief, Frauds Sec., Crim. Div., John A. Mitchell, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and MERRILL, Circuit Judges.

PER CURIAM.

Appellant appeals from his conviction on four counts, two charging mail fraud (18 U.S.C. § 1341) and two charging wire fraud (18 U.S.C. § 1343). Appellant was sentenced to two years on each count, to run concurrently.

Jurisdiction existed below pursuant to 18 U.S.C. § 3231, and here pursuant to 28 U.S.C. § 1291.

We hold there is no merit in the appeal. The sole error alleged is the failure of the district court to dismiss the indictment *460for lack of jurisdiction, based on the theory that the means (telegram, telephone and mail) were used in June 1963, while the money was delivered in May 1963. The superseding indictment charged the scheme to defraud began May 23, 1963 and continued to June 30th, 1963.

Thus, urges appellant, the means used were not for the purpose of executing a scheme to defraud, relying on Kann v. United States, 323 U.S. 88, 65 S.Ct. 148, 89 L.Ed. 88 (1944) and Parr v. United States, 363 U.S. 370, 80 S.Ct. 1171, 4 L. Ed.2d 1277 (1959), nor for “lulling” the victim. United States v. Sampson, 371 U.S. 75, 83 S.Ct. 173, 9 L.Ed.2d 136 (1962).

The government’s answer is that the calls and wires occurred before the scheme to defraud had been *completed.*After having received sums of money on false invoices on May 23, 1963, May 27, 1963 and May 29, 1963, appellant sought to obtain further funds on false invoices (Exhibits 4 and 11) on May 31st, 1963, et seq.

The Kann case, supra, relied on by appellant, by its own language, is inapplicable to the case at bar. It distinguishes those “cases where the use of the mails is a means of concealment so that further frauds which are part of the scheme may be perpetrated.” 323 U.S. at 94-95, 65 S.Ct. at 151.) It cites United States v. Riedel, 126 F.2d 81 7th Cir. 1942); Dunham v. United States, 125 F.2d 895 (5th Cir. 1942); United States v. Lowe, 115 F.2d 596 (7th Cir. 1940). See also the dissenting opinion arguments of Justices Douglas, Black, Jackson and Rutledge in Kann, supra.

In this type of case, “it is not necessary to allege that the scheme was successful, or that the loss was incurred as a result of its operation.” (United States v. Lowe, supra, at 597.) The use of the mails was an essential step in the scheme to defraud, and a “continuing” one. Decker v. United States, 140 F.2d 378, 379 (4th Cir. 1944).

Of course, if the acts subsequent to the payment of the money fraudulently obtained are to lull the defendants into inaction or forestall action, the Kann rule does not apply. United States v. Sampson, 371 U.S. 75, 83 S.Ct. 173 (1962). This factual issue it is unnecessary to reach.

Affirmed.
THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION CINCINNATI

DONALD MCKENZIE,

Plaintiff,

vs. 

HIGHLAND COUNTY SHERIFF'S 

OFFICE, ET AL.,

Defendants. 

 Case No.1:18-CV-00078-MRB

Judge Michael R Barrett

ORDER

This matter is before the Court on Plaintiff’s Objection (Doc. 26) to the Magistrate 

Judge’s Report (Doc. 23) recommending dismissal of his Complaint (Doc. 1). Plaintiff’s 

objection is not well taken because: (1) the objection is untimely, having been placed in the 

prison mail system on February 1, 2019 (Doc. 26, PageID 110) despite a January 21, 2019 due 

date; and (2) the objection substantively fails to show any defect in the magistrate judge’s 

analysis of the applicable statute of limitations. Plaintiff’s Complaint is time barred and thus 

DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

________________________________ 

Hon. Michael R. Barrett 

United States District Judge

s/Michael R. Barrett
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation byreference in the Registration Statements (Nos. 33-79668, 333-31948, 333-53170, 333-99159, 333-102877, 333-103763, 333-104947, 333-109578, 333-111805, 333-177409, 333-117508 and 333-124859) on Form S-8 and the Registration Statements (Nos.333-112404, 333-106578, 333-120366 and 333-137578) on Form S-3 of The South Financial Group, Inc. of our report dated February 28, 2007 relating to the consolidated financial statements, management’s assessment of the effectiveness ofinternal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

/s/    PricewaterhouseCoopers LLP         

Charlotte, North Carolina 

February 28, 2007
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 the Annual Report of Velocity Express Corporation (the Company) on Form 10-K for the
period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Edward W. Stone, Chief 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 amended Annual Report of the Company on Form 10-K/A 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/ Edward W. StoneEdward W. StoneChief Financial OfficerOctober 29, 2007


The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure document.

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