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

4-4839

Opinion delivered November 29, 1937.

*B. S. Grant*and *II. TJ. Williamson,*for appellant.

McHaNey, J.

Appellee sued appellant to recover judgment for $115 on a board bill of one Bill Herring-ton, in which she claimed that appellant promised to pay the bill if she would furnish him room and board. Appellant defended on the statute of frauds which requires the contract of one to answer for the debt, default or mis*1133carriage of another to be in writing. At tbe conclusion of tbe testimony, be moved for a directed verdict wbicb was overruled. Tbe case was submitted to a jury wbicb resulted in a verdict and judgment in appellee’s favor for tbe amount sued' for, with interest and costs. Tbe case is bere on appeal.

It is true, as appellant says, that this court has held in a long line of decisions beginning with tbe case of *Kurtz*v. *Adams,*12 Ark. 174, that “where there is no previously existing debt, or other liability, but the promise of one is tbe inducement to and ground of the credit given to another, by which a debt or liability is executed, such a promise is a collateral undertaking; the general rule being that wherever tbe party undertaken for is originally liable on the same contract, the promise to answer for that liability is a collateral promise and must be in writing. As, if B gives credit to C for goods sold and delivered to him on the promise of A to see him paid or to pay him if C should not, in that case it is •the immediate debt of 'C for which an action would lie against him, and the promise of A is a collateral undertaking to pay that debt, he being liable only as security. ’ ’ *Swaboda*v. *Throgmorton-Bruce Co.,*88 Ark. 592, 115 S. *W.*380; *Smith*v. *Westlake,*152 Ark. 384, 238 S. W. 34; *Grady*v. *Dierks Lumber*& *Coal Co.,*154 Ark. 255, 242 S. W. 548,

In this case, there was no pre-existing indebtedness from said Herrington to appellee. She testified very positively that she permitted said Herrington to board and room at her house on the credit of appellant; that appellant agreed with her to pay Herring-ton’s hoard, and that she charged Herrington’s board to appellant. These facts were disputed by appellant, and the court submitted the question to a jury, and the jury has chosen to believe appellee’s testimony instead of appellant. If appellee was telling the truth, and we assume that she was, under the jury’s verdict, then appellant’s undertaking was not a collateral one, and the judgment was properly rendered against him.

No error appearing, the judgment is affirmed.
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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

JOSHUA R. KIRTLEY, 

Defendant. 

: 

: 

: 

: 

: 

: 

: 

: 

:

Case No. 3:18-mj-00174 

Magistrate Judge Sharon L. Ovington 

BINDOVER ORDER 

This matter was set for preliminary examination on March 22, 2018. Defendant 

appeared with counsel and waived his right to a preliminary examination. The Court 

found the waiver to be knowing and voluntary and therefore orders that Defendant be 

bound over to the grand jury to answer the charge. 

March 23, 2018 s/Sharon L. Ovington 

 Sharon L. Ovington 

 United States Magistrate Judge
f10kprwt031609draft.htm - Generated by SEC Publisher for SEC Filing


 

	


Exhibit 10.11.2

FIRST AMENDMENT TO 

PREMIERWEST BANK

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN AGREEMENT 

(SERP)

          This First Amendment dated April 24, 2008 (this “Amendment”), amends the Supplemental Executive Retirement Plan Agreement (SERP) by and between PremierWest Bancorp (“Bancorp”), PremierWest Bank (“Bank”, and together with Bancorp, “Company”) and Tom Anderson (the “Executive”) dated December 13, 2007 (the “Agreement”).

RECITALS

A.         The parties discovered a typographical error in the Agreement related to the timing of

             commencement of Early Retirement payments.



B.          The parties desire to correct the error and amend the Agreement to conform to the initial

              understanding of the parties.

AGREEMENT

1.           Section 2.2.2 is amended in its entirety to read:



                              “2.2.2 Payment of Benefit. The payment of the benefits under this Section shall

               begin on the later of: (i) six months after Termination of Employment or (ii) Normal

               Retirement Date. The Bank shall pay the annual benefit to the Executive in 12 equal

               monthly installments on the first day of each month for a period of 15 years and, if clause

               2.2(i) applies, with six monthly payments accumulated and paid on the commencement

               date and one payment made each month thereafter for 14 years and six months. The

               monthly payments made hereunder shall be considered a series of separate payments for

               purposes of Code § 409A.”



2.           Except as specifically amended herein, the Agreement shall remain in full force and effect.

              Terms not otherwise defined in this Amendment shall have the meanings set forth in the Agreement.



              IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written

above.

		
	Executive: 	Bancorp:   PremierWest Bancorp 
		
	______________________________     	By:____________________________________
	Tom Anderson	        ___________________________________
		
 

 


	 	Bank:   PremierWest Bank 
		
	 	By:____________________________________ 
		     _______________________________



- 1 -
EXHIBIT 32

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 Cross Timbers Royalty Trust (the Trust) on Form 10-Q for the
quarterly period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

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



|                 |  |  |  |                                                                |  |                     |  |                
|---------------- |  |  |  | -------------------------------------------------------------- |  | ------------------- |  | ---------------
|                 |  |  |  | Bank of America, N.A., Trustee for Cross Timbers Royalty Trust
|                 |  |  | 
|November 3, 2006 |  |  |  | By                                                             |  | /s/ Nancy G. Willis
|                 |  |  |  |                                                                |  |                     |  | Nancy G. Willis
|                 |  |  |  |                                                                |  |                     |  | Vice President
David T. HUGHES v. STATE

CR-15-0541

Court of Criminal Appeals of Alabama.

January 27, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
EXHIBIT 32.1





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 American Rare Earths and Materials, Corp. (the “Registrant”) on Form 10-K for the fiscal year ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), I, Nataliya Hearn, Ph.D., President and Chief Executive Officer, 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 and belief:





(1)
The Annual 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 Annual Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant.





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





The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.





Date: September 23, 2011
By:
/s/ Nataliya HearnNataliya Hearn, Ph.D.President, Chief Executive Officer and Director
C.S. v. COVINGTON COUNTY DEPARTMENT OF HUMAN RESOURCES

2160048

Court of Civil Appeals of Alabama.

March 31, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
I 

117TH CONGRESS 

1ST SESSION H. R. 1043 

To provide that an eligible facilities request under section 6409(a) of the 

Middle Class Tax Relief and Job Creation Act of 2012 is not subject 

to requirements to prepare certain environmental or historical preservation reviews. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

Mr. CARTER of Georgia introduced the following bill; which was referred to 

the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To provide that an eligible facilities request under section 

6409(a) of the Middle Class Tax Relief and Job Creation 

Act of 2012 is not subject to requirements to prepare 

certain environmental or historical preservation reviews. 

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 ‘‘Proportional Reviews 

5 for Broadband Deployment Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1043 IH

1 SEC. 2. APPLICATION OF NEPA AND NHPA TO WIRELESS 

2 FACILITIES DEPLOYMENT. 

3 Section 6409(a)(3) of the Middle Class Tax Relief 

4 and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) is 

5 amended to read as follows: 

6 ‘‘(3) APPLICATION OF NEPA; NHPA.— 

7 ‘‘(A) NEPA EXEMPTION.—An eligible fa8 cilities request shall not be subject to the re9 quirements of section 102(2)(C) of the National 

10 Environmental Policy Act of 1969 (42 U.S.C. 

11 4332(2)(C)). 

12 ‘‘(B) NATIONAL HISTORIC PRESERVATION

13 ACT EXEMPTION.—An eligible facilities request 

14 shall not be considered an undertaking under 

15 section 300320 of title 54, United States 

16 Code.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
<TABLE> <S> <C>

<ARTICLE>               5

<S>                                        <C>
<PERIOD-TYPE>                                9-MOS
<FISCAL-YEAR-END>                      Dec-31-1999
<PERIOD-END>                           Sep-30-1999
<CASH>                                     117,704
<SECURITIES>                                     0
<RECEIVABLES>                            1,174,573
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                         1,582,881
<PP&E>                                  48,894,983
<DEPRECIATION>                          26,232,449
<TOTAL-ASSETS>                          24,490,580
<CURRENT-LIABILITIES>                    2,401,713
<BONDS>                                  2,200,000
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                    45,174
<OTHER-SE>                              15,460,621
<TOTAL-LIABILITY-AND-EQUITY>            24,490,580
<SALES>                                  7,813,713
<TOTAL-REVENUES>                         8,184,645
<CGS>                                            0
<TOTAL-COSTS>                            2,245,257
<OTHER-EXPENSES>                            66,148
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                         313,369
<INCOME-PRETAX>                          2,012,422
<INCOME-TAX>                               588,446
<INCOME-CONTINUING>                      1,423,976
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                             1,423,976
<EPS-BASIC>                                  .33
<EPS-DILUTED>                                  .33



</TABLE>
<PAGE>   1

                                                                   EXHIBIT 23.4



                      CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-35752 and 333-45028) and Forms S-8 (Nos.
333-92337, 333-80501, 333-85107 and 333-26015) of Verso Technologies, Inc. of
our report dated June 8, 2000 relating to the financial statements of
MessageClick, Inc., which appears in the Current Report on Form 8-K/A of Verso
Technologies, Inc. dated February 1, 2001 and is incorporated in this Annual
Report on Form 10-K/A.



/s/ PricewaterhouseCoopers LLP
New York, New York
October 9, 2001
Venise METAYER, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-0022

District Court of Appeal of Florida, Third District.

Opinion filed February 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 31.2

I, Gary C. Parks, certify that:

1.     I have reviewed this quarterly report on Form 10-Q of Immtech
International, Inc.;

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 registrant as
of, and for, the periods presented in this report;

4.     The registrant's other certifying officer(s) 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 registrant 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 registrant, 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 registrant'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; and

(c)     Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting; and

5.     The registrant's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of the registrant'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 registrant's ability to record, process,
summarize and report financial information; and

(b)     Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

      Date: November 14, 2003

                                               /s/ Gary C. Parks
                                               ------------------------------
                                               Gary C. Parks
                                               Chief Financial Officer
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

RICARDO VERNAIR DODSON,

Plaintiff,

vs.

GARY C. MOHR, et al.,

Defendants.

:

:

:

:

:

:

:

:

:

Case No. 2:18-cv-00908

District Judge Choose an item.

Magistrate Judge Sharon L. Ovington

ORDER

This matter has been recommitted for resolution of the parties’ ongoing discovery 

dispute. The recommittal Order addressed a significant expectation placed on the parties 

during discovery:

Judicial intervention in discovery disputes by the Court is typically 

disfavored. S.D. Ohio Civ. R. 37.1. Parties are asked to resolve discovery 

disputes among themselves and to turn to the Court only as a last resort. Id. 

However, Defendants have not demonstrated a willingness to engage with 

Mr. Dodson. They have stated a reluctance to speak with Mr. Dodson via 

the telephone because he is incarcerated and because of the pandemic. 

(ECF No. 71, at 2.) Given this lack of communication and Mr. Dodson’s 

objections to Defendants’ discovery response, a status conference in this

case may be appropriate.

(ECF No. 72 at, 2.)

To determine whether a status conference is appropriate and to gain a fuller 

picture of the parties’ ongoing discovery dispute, it is necessary to review the at-issue 

Interrogatories and Requests for Production of Documents and Defendants’ written 

answers and objections to them. Although Plaintiff has re-typed some of this information 

Case: 2:18-cv-00908-SDM-SLO Doc #: 80 Filed: 09/02/20 Page: 1 of 2 PAGEID #: 765
2

into documents he has filed in the case, it is necessary for the Court to review a complete 

copy of Plaintiff’s actual Interrogatories and Defendants’ responses and objections before 

determining whether a status conference is appropriate.

Defendants are therefore ORDERED to file, on or before September 8, 2020, a 

complete copy of Plaintiff’s Interrogatories and Requests for Production that are the 

subject of Plaintiff’s Motion (ECF #67), along with their answers and objections.

September 2, 2020 s/Sharon L. Ovington

Sharon L. Ovington

United States Magistrate Judge

Case: 2:18-cv-00908-SDM-SLO Doc #: 80 Filed: 09/02/20 Page: 2 of 2 PAGEID #: 766
Lorenzo DICKENS and Diane Dickens, Appellant/Petitioner(s), v. WELLS FARGO BANK, N.A., Appellee/Respondent(s).

CASE NO.: 2D17-2356

District Court of Appeal of Florida, Second District.

February 13, 2018

BY ORDER OF THE COURT:

Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
```

[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8936-8937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02146]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

Good Neighbor Environmental Board

[FRL-9958-77-OARM]

Notification of Public Advisory Committee Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Public Advisory Committee meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Good Neighbor Environmental Board 
will hold a public meeting on Thursday, February 9 and Friday, February 
10, 2017 in Imperial Beach, California. The meeting is open to the 
public. Due to unforeseen administrative circumstances, EPA is 
announcing this meeting with less than 15 calendar days notice.

DATES: The Good Neighbor Environmental Board will hold an open meeting 
on Thursday, February 9 from 9:00 a.m. (registration at 8:30 a.m.) to 
5:30 p.m. The following day, Friday, February 10, the Board will meet 
from 8:30 a.m. (registration at 8:00 a.m.) until 2:00 p.m.

PURPOSE OF MEETING: The purpose of this meeting is to begin discussion 
on the Good Neighbor Environmental Board's next report. Local officials 
and representatives of Federal departments and agencies will be making 
presentations and giving an overview of environmental issues in the San 
Diego area.

ADDRESSES: The meeting will be held at the Marriott Pier South, 800 
Seacoast Drive, Imperial Beach, California. The meeting is open to the 
public, with limited seating on a first-come, first-serve basis.

GENERAL INFORMATION:  The agenda will be available at http://www2.epa.gov/faca/gneb. General information about the Board can be 
found on its Web site at http://www2.epa.gov/faca/gneb. If you wish to 
make oral comments or submit written comments to the Board, please 
contact Mark Joyce at least five days prior to the meeting. Written 
comments should be submitted to Mark Joyce at joyce.mark@epa.gov.

MEETING ACCESS:  For information on access or services for individuals 
with disabilities, please contact Mark Joyce at (202) 564-2130 or email 
at joyce.mark@epa.gov. To request accommodation of a disability, please 
contact Mark Joyce at least 10 days prior to the meeting to give

[[Page 8937]]

EPA as much time as possible to process your request.

    Dated: January 10, 2017.
Mark Joyce,
Acting Designated Federal Officer.
[FR Doc. 2017-02146 Filed 1-31-17; 8:45 am]
 BILLING CODE 6560-50-P
```
I.D., Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-749

District Court of Appeal of Florida, Second District.

Opinion filed February 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.