alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(17 Misc. Rep. 573)

#### FUSCO v. BULLOWA.

(Supreme Court, Appellate Term, First Department.

July 28, 1896.)

Real-Bstate Agent—Commissions.

A real-estate agent, employed to lease property, procured the proposed lessee to sign a paper reciting the payment of money on account of deposit, to be paid on the signing of the proposed lease, but such writing did not *677contain any promise to take a lease, nor were any terms specified. *Held,*that there was neither a lease, nor an agreement for a lease, and therefore the agent was not entitled to commissions.

Appeal from First district court.

Action by Henrico Fusco against Arthur M. Bullowa to recover broker’s commissions for effecting a lease of real property, at defendant’s instance and request Judgment was rendered in favor of plaintiff, and defendant appeals. Reversed.

Argued before DALY, P. J., and McADAM and BISOHOFF, JJ.

F. E. M. Bullowa, for appellant.

John Palmieri, for respondent.

BISCHOFF, J.

The plaintiff sued to recover upon the defendant’s agreement with him to pay the usual broker’s commissions in consideration of the former’s procurement of a lessee for certain real property. The judgment of the court below, which was in the plaintiff’s favor, was predicated on the fact that he had procured one Francesco Pennaehio to sign the following instrument with the defendant.

> “New York, Dec. 2nd, 1895.

> “Received from Mr. Francesco Pennaehio fifty 00/oo dollars, on account of the deposit of $400 to be paid on the signing of the lease for No. 100 Mott street, from Jan’y 1st, 1896. Lease to be signed on Wednesday, at 12 o’clock, Dec. 4th, 1895. Lease to be for ten years.”

Pennaehio had subsequently refused to execute the lease.

That the instrument above set forth effected nothing more than an option on Pennachio’s part to enter into a future lease, the terms of which remained to be agreed upon, is apparent from mere inspection. It does not even specify what rent the lessee was to pay, or how he was to pay it. The minds of the parties had not met. It was therefore not a lease, nor an agreement for a lease, and was equally unenforceable against Pennaehio at law and in equity. Levy v. Kottman, 11 Misc. Rep. 372, 32 N. Y. Supp. 241. The statute of frauds (Rev. St., Banks’ Bros. 7th Ed., c. 7, tit. 1, §§ 6. 8, 3) required the lease, exceeding one year, to be in writing; and the duty of the plaintiff, the performance of which was a condition precedent to his right of recovery, to procure a person to enter into a valid and enforceable lease, or agreement for a lease (Condict v. Cowdrey, 139 N. Y. 273, 34 N. E. 781; Levy v. Kottman, supra), was not fulfilled.

The judgment should be reversed, and a new trial had, with costs to appellant to abide the event. AH concur.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

United States of America, )
Plaintiff,

Vv. No. 03 CR 1059-1
Leroy Outlaw,
Defendant.

MEMORANDUM ORDER
Leroy Outlaw (“Outlaw”) is one of the many previously
sentenced defendants around the country who, having heard through
the ever-active prison grapevine about the Supreme Court’s

rulings in United States v. Booker, 125 S.Ct. 738 (2005),

mistakenly believe that the first half of the Booker rulings --
the portion set out in Justice Stevens’ majority opinion --
reaches backward to apply to such defendants’ earlier-imposed
sentences. That position has been expressly rejected by our

Court of Appeals in McReynolds v. United States, Nos. 04-2520,

04-2632 and 04-2844, 2005 W.L. 237642, at *1-*2 (7 Cir. Feb.2).

Accordingly Outlaw’s pro se filing -- “Defendant’s Motion for
Release Due to Unconstitutional Enhancement” -- is denied out of
hand.

Milton I. Shadur
Senior United States District Judge

Enter: February 15, 2005
C:\WPTEXT\OutlawMO2-25-05.wpd
EXHIBIT 99.3

                         EARTHWORKS ENTERTAINMENT, INC.

     Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, Peter Keefe, President, Chief Executive Officer, ("principal executive
officer") of Earthworks Entertainment, Inc. (the "Registrant"), certify that to
the best of my knowledge, based upon a review of the Annual Report on Form 10-K
for the period ended September 30, 2004 of the Registrant (the "Report"):

(1) The Report fully complies with the requirements of Section 13(a){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 Registrant.


Dated: December 30, 2004                        /s/ PETER KEEFE
                                                ---------------------
                                                Peter Keefe
                                                President, Chief Executive
                                                Officer
EXHIBIT 10


EXHIBIT 10.53




Description of Oral Extension-D. MacKool Promissory Note




Summary of Terms of the Orally Agreed upon Extension to following Simple Promissory Note (with corresponding exhibit number of original note) under which Registrant is the Borrower. No periodic payments are required and principal and interest are due on the extended due date.










	Original

	 
	 
	 
	 
	 
	 

	Note

	 
	 
	Original

	Oral

	 
	Annual


	Exhibit

	 
	Loan

	Due

	Extension

	 
	%


	Number

	Lender

	Date

	Date

	Date

	Principal

	Rate


	 
	 
	 
	 
	 
	 
	 

	10.24

	D. MacKool

	06/10/2008

	09/13/2008

	12/31/2008

	$15,000.00

	10%
**EXHIBIT 31.2**
CERTIFICATION OF CHIEF FINANCIAL OFFICER
I, Richard Baron, Vice President, Finance and Chief Financial Officer of Animas Corporation,certify that:
1. I have reviewed this quarterly report on Form 10-Q of Animas Corporation;
2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of Animas Corporation as of, and for, the periods presented in this report;
4. Animas Corporation’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for Animas Corporation and have:
 (a)  designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to Animas Corporation, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; and  (b)  evaluated the effectiveness of Animas Corporation’s disclosure controlsand procedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and  (c)  disclosed in this report any change in Animas Corporation’s internalcontrol over financial reporting that occurred during Animas Corporation’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, Animas Corporation’s internal control over financial reporting.
5. Animas Corporation’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to Animas Corporation’s auditors and theaudit committee of Animas Corporation’s board of directors:
 (a)  all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonable likelyto adversely affect Animas Corporation’s ability to record, process, summarize andreport financial information; and  (b)  any fraud, whether or not material, that involves management or otheremployees who have a significant role in Animas Corporation’s internal control overfinancial reporting.
Date: May 16, 2005      By:               */s/ Richard Baron*       Richard Baron   Vice President, Finance and Chief Financial Officer
II

105TH CONGRESS

1ST SESSION S. 1017

To amend title 38, United States Code, to establish a presumption of total

disability for certain individuals for purposes of nonservice-connected

disability pension.

IN THE SENATE OF THE UNITED STATES

JULY 15, 1997

Mr. SPECTER (by request) introduced the following bill; which was read twice

and referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to establish a presumption of total disability for certain individuals for

purposes of nonservice-connected disability pension.

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

3 That that portion of subsection (a) of section 1502 of title

4 38, United States Code, preceding paragraph (1) is

5 amended to read as follows:

6 ‘‘(a) For purposes of this chapter, a person shall be

7 considered to be permanently and totally disabled if such

8 person is 65 years of age or older and is a patient in a

9 nursing home or, regardless of age, is unemployable as a
2

S 1017 IS

1 result of a disability reasonably certain to continue

2 throughout the life of the disabled person, or is suffering

3 from—’’.

Æ
EXHIBIT 10.3

​
​
FIFTH AMENDMENT TO THE
MERIT MEDICAL SYSTEMS, INC.
1996 EMPLOYEE STOCK PURCHASE PLAN
​
​
THIS FIFTH AMENDMENT TO THE MERIT MEDICAL SYSTEMS, INC. 1996 EMPOLOYEE STOCK PURCHASE PLAN (this "Amendment") is made and adopted effective April 15, 2021 by Merit Medical Systems, Inc., contingent upon approval of this Amendment by the shareholders of the Company not later than June 30, 2021.
​
WHEREAS, Merit Medical Systems, Inc. (the "Company") maintains the Merit Medical Systems, Inc. 1996 Employee Stock Purchase Plan (the "Plan") for the benefit of its employees and the employees of its participating subsidiaries; and
​
WHEREAS, it is necessary and desirable to amend the Plan to increase the number of shares of Company common stock (“Shares”) authorized for grant under the Plan from 1,493,056 Shares to 1,593,056 Shares; and
​
WHEREAS, the Company, acting through its Board of Directors (the "Board"), has reserved the right to amend the Plan at any time and from time to time, subject to shareholder approval in the case of certain material modifications;
​
NOW, THEREFORE, contingent upon approval of this Amendment by the shareholders of the Company not later than June 30, 2021, the Plan is amended as follows effective April 15, 2021:
​
1.  The first sentence of Section 10.1 of the Plan, setting forth the number of Shares authorized for grant under the Plan, is amended to read as follows:
​
"The maximum number of shares of Common Stock that may be issued under the Plan, subject to adjustment upon changes in capitalization of the Company as provided in Section 12.4 below, shall be 1,593,056 shares for all Offerings (including offerings prior to April, 2001).”
   ​
2.  Notwithstanding the foregoing, if the shareholders of the Company fail to approve this Amendment by June 30, 2021, this Amendment shall be null and void.  Except as provided above, the terms of the Plan are hereby ratified and confirmed in all respects.
IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized officer effective as of April 15, 2021, contingent upon approval of this Amendment by the shareholders of the Company not later than June 30, 2021.
​
MERIT MEDICAL SYSTEMS, INC.
​
​
​
By:  __/s/ Fred P. Lampropoulos__________________ 
Name:  __Fred P. Lampropoulos__________________
Title:  ___Chief Executive Officer_________________
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Horticultural Crops Disease and Pest Management Research Unit: Corvallis, OR
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Pacific West Area Corvallis, Oregon Horticultural Crops Disease and Pest Management Research Unit People & Locations







Eliza  Allen
                        Horticultural Crops Disease and Pest Management Research Unit

                        




                        
                        Biological Science Aid
                        Phone: (541) 738-4035
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7325

ROHAMMAD CHALLAHAD MENZIES, Petitioner - Appellant, versus RUFUS FLEMING, Warden, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-95-1391) Submitted: July 2, 1998 Decided: July 17, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Rohammad Challahad Menzies, Appellant Pro Se. Thomas Cauthorne Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Rohammad Challahad Menzies seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Menzies v. Fleming , No. CA-95-1391 (E.D. Va. July 29, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1119 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1119

To amend the Perishable Agricultural Commodities Act, 1930 to increase 
   the penalty under certain circumstances for commission merchants, 
  dealers, or brokers who misrepresent the country of origin or other 
        characteristics of perishable agricultural commodities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 31, 1997

  Mr. Abraham introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
To amend the Perishable Agricultural Commodities Act, 1930 to increase 
   the penalty under certain circumstances for commission merchants, 
  dealers, or brokers who misrepresent the country of origin or other 
        characteristics of perishable agricultural commodities.

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

SECTION 1. MISREPRESENTATION OF COUNTRY OF ORIGIN OR OTHER 
              CHARACTERISTICS OF PERISHABLE AGRICULTURAL COMMODITIES.

    Section 2(5) of the Perishable Agricultural Commodities Act, 1930 
(7 U.S.C. 499b(5)), is amended by adding at the end the following: ``If 
a court of competent jurisdiction finds that a person has 
intentionally, or with reckless disregard, engaged in a 
misrepresentation described in this paragraph and the misrepresentation 
resulted in a serious bodily injury (as defined in section 1365(g) of 
title 18, United States Code) to, or death of, an individual, the 
person shall be guilty of a Class D felony that is punishable under 
title 18, United States Code.''
                                 <all>
```
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Horticultural Crops Disease and Pest Management Research Unit: Corvallis, OR
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Pacific West Area Corvallis, Oregon Horticultural Crops Disease and Pest Management Research Unit People & Locations







Ryssa  Parks
                        Horticultural Crops Disease and Pest Management Research Unit

                        




                        
                        Biological Science Technician
                        Phone: (541) 738-4026
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 1 of 11 PageID #:1
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 2 of 11 PageID #:2
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 3 of 11 PageID #:3
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 4 of 11 PageID #:4
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 5 of 11 PageID #:5
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 6 of 11 PageID #:6
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 7 of 11 PageID #:7
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 8 of 11 PageID #:8
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 9 of 11 PageID #:9
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 10 of 11 PageID #:10
Case: 1:02-cv-07456 Document #: 1 Filed: 10/17/02 Page 11 of 11 PageID #:11
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Cotton Ginning Research: Stoneville, MS
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Southeast Area Stoneville, Mississippi Cotton Ginning Research People & Locations







Tammy  Dillon
                        Cotton Ginning Research

                        




                        
                        Program Support Assistant (Office Automation)
                        Phone: (662) 686-3093
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov