alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Feinberg Bros. Agency, Inc., Respondent-Appellant, v Berted Realty Co., Inc., Appellant-Respondent.

*550In the instant case, the letter of the plaintiff broker to the defendant stated that the plaintiff’s commission was "due and payable in full upon closing”. Under the maxim *contra proferentem,*where "there is any doubt or uncertainty as to the meaning of the disputed language in the brokerage agreement, all ambiguity must be resolved against the broker who prepared it” *(Graff v Billet,*64 NY2d 899, 902, and cases cited therein). Therefore, we must construe the language here against the plaintiff and in favor of the defendant, and find that the defendant was not required to pay the commission until closing had taken place. As that eventuality never occurred, the plaintiff cannot recover any commission from the defendant, and the defendant is entitled to summary judgment dismissing the complaint. Bracken, Kooper and Spatt, JJ., concur.

Lazer, J. P.,

concurs in the result, with the following memorandum: I concur but on a somewhat different basis than the majority. I see nothing ambiguous about the broker’s writing that its commission was "due and payable in full upon closing”. Since the seller received a better offer before going to contract with the plaintiff’s buyer, under the rule established in *Graff v Billet*(64 NY2d 899), the seller was free of any obligation to the broker, even though the latter had produced a buyer ready, willing and able to buy on the seller’s terms.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<CIK> 0000823533
<NAME> FORTIS BENEFITS INSURANCE COMPANY
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<DEBT-HELD-FOR-SALE>                         2,415,915
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                     109,832
<MORTGAGE>                                     602,064
<REAL-ESTATE>                                   55,035
<TOTAL-INVEST>                               3,321,949
<CASH>                                           9,901
<RECOVER-REINSURE>                              13,852
<DEFERRED-ACQUISITION>                         291,742
<TOTAL-ASSETS>                               6,819,484
<POLICY-LOSSES>                              2,505,493
<UNEARNED-PREMIUMS>                             10,653
<POLICY-OTHER>                                 260,596
<POLICY-HOLDER-FUNDS>                            8,197
<NOTES-PAYABLE>                                      0
<COMMON>                                         5,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     875,106
<TOTAL-LIABILITY-AND-EQUITY>                 6,819,484
<PREMIUMS>                                   1,238,006
<INVESTMENT-INCOME>                            228,724
<INVESTMENT-GAINS>                              41,101
<OTHER-INCOME>                                  36,458
<BENEFITS>                                   1,014,687
<UNDERWRITING-AMORTIZATION>                     43,931
<UNDERWRITING-OTHER>                           383,441
<INCOME-PRETAX>                                102,230
<INCOME-TAX>                                    35,120
<INCOME-CONTINUING>                             67,110
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    67,110
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                 947,711
<PROVISION-CURRENT>                            733,316
<PROVISION-PRIOR>                              (59,634)
<PAYMENTS-CURRENT>                             437,405
<PAYMENTS-PRIOR>                               235,952
<RESERVE-CLOSE>                                988,036
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
EXHIBIT 31.1

CERTIFICATIONS

I, John S. Roberts, certify that:

1. I have reviewed this annual report on Form 10-K of Union Security Insurance Company;

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;

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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f) 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) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our
supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

(c) 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

(d) 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: August 4, 2008



/s/    John S. RobertsJohn S. RobertsInterim President and Chief Executive Officer
II

105TH CONGRESS

2D SESSION S. 1975

To broaden eligibility for emergency loans under the Consolidated Farm

and Rural Development Act.

IN THE SENATE OF THE UNITED STATES

APRIL 23, 1998

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

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To broaden eligibility for emergency loans under the

Consolidated Farm and Rural Development Act.

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 ‘‘Farmers Emergency

5 Loan Reform Act of 1998’’.

6 SEC. 2. BROADENING OF ELIGIBILITY FOR EMERGENCY

7 LOANS.

8 (a) ELIMINATION OF CREDIT ELSEWHERE TEST.—

9 (1) IN GENERAL.—Section 321(a) of such Act

10 (7 U.S.C. 1961(a)) is amended in the 1st sentence
2

•S 1975 IS

1 by striking ‘‘and are not able to obtain sufficient

2 credit elsewhere’’.

3 (2) CONFORMING AMENDMENTS.—

4 (A) Section 321(d) of such Act (7 U.S.C.

5 1961(d)) is amended—

6 (i) by striking ‘‘—’’ and all that fol7 lows through ‘‘(1)’’; and

8 (ii) by striking the semicolon and all

9 that follows through ‘‘periods of time’’.

10 (B) Section 322 of such Act (7 U.S.C.

11 1962) is amended by striking subsection (b).

12 (b) APPLICABILITY OF DISASTER LOAN COLLATERAL

13 REQUIREMENTS UNDER THE SMALL BUSINESS ACT.—

14 Section 322 of such Act (7 U.S.C. 1962) is amended by

15 adding at the end the following:

16 ‘‘(b) The collateral requirements for disaster loans

17 under section 7(b) of the Small Business Act shall apply

18 to loans under this subtitle in lieu of any other collateral

19 requirements.’’.

20 (c) EFFECT OF PRIOR FORGIVENESS OF LOANS.—

21 Section 373(b)(2) of such Act (7 U.S.C. 2008h(b)(2)) is

22 amended by adding at the end the following: ‘‘The Sec23 retary may make an emergency loan under section 321

24 to a borrower who has received not more than one debt

25 forgiveness on a loan made or guaranteed under this title,
3

•S 1975 IS

1 if that debt forgiveness was in the form of a restructuring,

2 write-down, or net recovery buy-out that is due to a finan3 cial problem of the borrower relating to a natural disaster

4 or a medical condition of the borrower or a member of

5 the immediate family of the borrower (or in the case of

6 a borrower that is an entity, a principal owner of the bor7 rower or a member of the immediate family of such an

8 owner).’’.

Æ
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         260,372
<SECURITIES>                                   0
<RECEIVABLES>                                  4,287
<ALLOWANCES>                                   1,000
<INVENTORY>                                    127,413
<CURRENT-ASSETS>                               422,486
<PP&E>                                         26,276
<DEPRECIATION>                                 16,639
<TOTAL-ASSETS>                                 493,166
<CURRENT-LIABILITIES>                          858,951
<BONDS>                                        14,900
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       3,251
<OTHER-SE>                                     (506,536)
<TOTAL-LIABILITY-AND-EQUITY>                   493,166
<SALES>                                        1,489,259
<TOTAL-REVENUES>                               1,489,250
<CGS>                                          374,250
<TOTAL-COSTS>                                  1,808,210
<OTHER-EXPENSES>                               (5,694)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             107,748
<INCOME-PRETAX>                                (795,534)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (795,534)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (795,534)
<EPS-PRIMARY>                                  (0.01)
<EPS-DILUTED>                                  (0.01)



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE SIX MONTHS ENDED APRIL 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

Amounts inapplicable or not disclosed as a separate line on the Balance Sheet or
Statement of Income are reported as 0 herein.
</LEGEND>


<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              OCT-31-2000
<PERIOD-START>                                 NOV-01-1999
<PERIOD-END>                                   APR-30-2000
<EXCHANGE-RATE>                                1
<CASH>                                         391
<SECURITIES>                                   12,410
<RECEIVABLES>                                  10,781
<ALLOWANCES>                                   214
<INVENTORY>                                    8,836
<CURRENT-ASSETS>                               33,422
<PP&E>                                         16,600
<DEPRECIATION>                                 5,472
<TOTAL-ASSETS>                                 44,771
<CURRENT-LIABILITIES>                          5,105
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,755
<OTHER-SE>                                     34,720
<TOTAL-LIABILITY-AND-EQUITY>                   44,771
<SALES>                                        24,375
<TOTAL-REVENUES>                               26,293
<CGS>                                          13,260
<TOTAL-COSTS>                                  18,992
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               (39)
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                7,301
<INCOME-TAX>                                   2,571
<INCOME-CONTINUING>                            4,730
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   4,730
<EPS-BASIC>                                  0.126
<EPS-DILUTED>                                  0.125



</TABLE>
#### The People of the State of New York, Respondent, v James Jamison, Appellant.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur — Kupferman, J. P., Ross, Asch and Kassal, JJ.
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 EARL MAYFIELD, 2 Plaintiff-Appellant, 3 v. NO. 28,701 4 BILL T. TINKER, 5 Defendant-Appellee. 6APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Linda M. Vanzi, District Judge 8 Earl Mayfield 9 Albuquerque, NM 10 Pro Se Appellant 11 Bill T. Tinker 12 Albuquerque, NM 13 Pro Se Appellee 14 MEMORANDUM OPINION 15 CASTILLO, Judge. 16 Summary affirmance was proposed for the reasons stated in the notice of 17 proposed summary disposition. No memorandum opposing summary affirmance has 182 been filed, and the time for doing so has expired. 1 Affirmed. 2 IT IS SO ORDERED. 3

________________________________ 4 CELIA FOY CASTILLO, Judge 5 WE CONCUR: 6

________________________________ 7 CYNTHIA A. FRY, Judge 8

________________________________ 9 MICHAEL E. VIGIL, Judge 10
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM HEALTHDYNE INFORMATION
ENTERPRISES, INC. CONSOLIDATED CONDENSED STATEMENT OF OPERATIONS FOR THE NINE
MONTHS ENDED SEPTEMBER 30, 1997 AND THE HEALTHDYNE INFORMATION ENTERPRISES, INC.
CONSOLIDATED CONDENSED BALANCE SHEET AS OF SEPTEMBER 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED CONDENSED FINANCIAL 
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           8,105
<SECURITIES>                                         0
<RECEIVABLES>                                    6,436
<ALLOWANCES>                                       157
<INVENTORY>                                          0
<CURRENT-ASSETS>                                15,645
<PP&E>                                           2,143
<DEPRECIATION>                                     764
<TOTAL-ASSETS>                                  30,620
<CURRENT-LIABILITIES>                            7,490
<BONDS>                                            195
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           204
<OTHER-SE>                                      22,732
<TOTAL-LIABILITY-AND-EQUITY>                    30,620
<SALES>                                              0
<TOTAL-REVENUES>                                11,207
<CGS>                                                0
<TOTAL-COSTS>                                    4,568
<OTHER-EXPENSES>                                 6,870
<LOSS-PROVISION>                                   151
<INTEREST-EXPENSE>                                 157
<INCOME-PRETAX>                                   (225)
<INCOME-TAX>                                       (57)
<INCOME-CONTINUING>                               (167)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (167)
<EPS-PRIMARY>                                    (0.01)
<EPS-DILUTED>                                    (0.01)
        

</TABLE>
Document Headings

                    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.                  

###### Department of State

          - [Public Notice 11503]

Pursuant to the authority vested in the Secretary of State, including under section 7045(b)(2)(B) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (Div. K, Pub. L. 116-260), I hereby certify that:

(i) The Special Jurisdiction for Peace and other judicial authorities are taking effective steps to hold accountable perpetrators of gross violations of human rights in a manner consistent with international law, including for command responsibility, and sentence them to deprivation of liberty;

(ii) the Government of Colombia is taking effective steps to prevent attacks against human rights defenders and other civil society activists, trade unionists, and journalists, and judicial authorities are prosecuting those responsible for such attacks;

(iii) the Government of Colombia is taking effective steps to protect Afro-Colombian and indigenous communities and is respecting their rights and territory;

(iv) senior military officers responsible for ordering, committing, and covering up cases of false positives are being held accountable, including removal from active duty if found guilty through criminal or disciplinary proceedings; and

(v) the Government of Colombia has investigated and is taking steps to hold accountable Government officials credibly alleged to have directed, authorized, or conducted illegal surveillance of political opponents, government officials, journalists, and human rights defenders, including through the use of assets provided by the United States for combating counterterrorism and counternarcotics for such purposes.

                    This Certification shall be published in the                     **Federal Register**                     and shall be transmitted, along with the accompanying Memorandum of Justification, to Congress.                

Dated: July 29, 2021.

Antony J. Blinken,

Secretary of State.

[FR Doc. 2021-17755 Filed 8-18-21; 8:45 am]

BILLING CODE 4710-29-P