alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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**Exhibit 32.2**
**WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICER**
Pursuant to 18 U.S.C. § 1350
     Solely for the purposes of complying with 19 U.S.C. § 1350, as adoptedpursuant to Section 906 of Sarbanes-oxley Act of 2002. I, theundersigned Senior Vice President — Finance and Chief Financial Officer of Nicholas Financial, Inc. (the“Company”), hereby certify, based on my knowledge, that the Quarterly Report onForm 10-QSB of the Company for the three months ended June 30, 2004 (the“Report”) fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 and the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company. /s/ Ralph T. FinkenbrinkRalph T. FinkenbrinkSenior Vice President — Financeand Chief Financial OfficerDated: August 14,2004
**EXHIBIT
      32**


**CERTIFICATION**





Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350),
      each
      of the undersigned hereby certifies in his capacity as an officer of ITLA
      Capital Corporation (the “Company”) that the Company’s Quarterly Report on Form
      10-Q for the quarterly period ended March 31, 2006 fully complies with the
      requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
      the information contained in such report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as of
      the dates and for the periods presented in the financial statements included
      in
      such report.











Date:
                May 10, 2006
            /s/
                George W. HaligowskiGeorge
                W. HaligowskiChairman
                of the Board, President andChief
                Executive Officer





Date:
                May 10, 2006
            /s/
                Timothy M. DoyleTimothy
                M. DoyleExecutive
                Managing Director andChief
                Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         419,686
<SECURITIES>                                         0
<RECEIVABLES>                                4,789,178
<ALLOWANCES>                                 (150,000)
<INVENTORY>                                  4,530,665
<CURRENT-ASSETS>                             9,736,243
<PP&E>                                       2,904,684
<DEPRECIATION>                             (1,627,017)
<TOTAL-ASSETS>                              17,418,188
<CURRENT-LIABILITIES>                        4,185,828
<BONDS>                                      7,163,019
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       119,934
<OTHER-SE>                                   6,034,313
<TOTAL-LIABILITY-AND-EQUITY>                17,418,188
<SALES>                                     13,824,704
<TOTAL-REVENUES>                            13,824,704
<CGS>                                        8,324,704
<TOTAL-COSTS>                                4,395,446
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             358,886
<INCOME-PRETAX>                                746,036
<INCOME-TAX>                                     6,750
<INCOME-CONTINUING>                            739,286
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                   739,286
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                      .06
        

</TABLE>
UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT 

FILED

JUN 06 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

YUANXIANG ZHANG; et al.,

 Plaintiffs - Appellees,

 v.

BING'S RESTAURANT, INC., an 

Oregon domestic business corporation,

 Defendant - Appellant,

and

PAUL JOE and SUE JOE,

 Defendants.

No. 14-36032

D.C. No. 3:13-cv-00838-MO

U.S. District Court for Oregon, 

Portland

MANDATE

The judgment of this Court, entered May 15, 2017, takes effect this date. 

This constitutes the formal mandate of this Court issued pursuant to Rule 

41(a) of the Federal Rules of Appellate Procedure. 

FOR THE COURT:

MOLLY C. DWYER

CLERK OF COURT

By: Synitha Walker

Deputy Clerk

Ninth Circuit Rule 27-7

Case 3:13-cv-00838-MO Document 94 Filed 06/06/17 Page 1 of 1
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ARS Home Plains Area Sidney, Montana Northern Plains Agricultural Research Laboratory Pest Management Research PMRU Docs Grasshoppers: Their Biology, Identification and Management: Outbreak and Survey Info





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Outbreak Info: 2002 Adult Grasshopper Survey Mapheadline bar **National Cumulative Grasshopper Density - Adult Survey Forecast Map**(Oct 25, 2002) /ARSUserFiles/30320505/grasshopper/Extras/images/Maps/westmp02.jpg Return to Outbreak Info


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#### Rivkah Leah Boorstein, Appellant, v 1261 48th Street Condominium, Respondent.

[946 NYS2d 200]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), dated March 24, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint and denied, as academic, her cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

On April 13, 2007, the plaintiff allegedly tripped and fell on a sidewalk abutting real property owned by the defendant condominium. The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the subject property was a three-family residence, that it was partially owner-occupied, and that it was used solely for resi*704dential purposes *(see*Administrative Code of City of NY § 7-210 [b]), thus exempting it from liability pursuant to Administrative Code of the City of New York § 7-210 (b) for the alleged failure to maintain the sidewalk abutting its property *(see Soussi v Gobin,*87 AD3d 580, 581 [2011]; *Schwartz v City of New York,*74 AD3d 945, 946 [2010]; *cf. Gordy v City of New York,*67 AD3d 523 [2009]). In opposition, the plaintiff failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Contrary to the plaintiffs contention that, because the defendant is a condominium, it is also a corporation, and therefore, cannot invoke the statutory exemption from liability, Administrative Code of the City of New York § 7-210 (b) does not preclude a corporation from invoking the exemption from liability provisions contained therein. Indeed, as Administrative Code of the City of New York § 7-210 is a legislative enactment in derogation of common law, which created liability where none previously existed *(see Vucetovic v Epsom Downs, Inc.,*10 NY3d 517, 521 [2008]), it must be strictly construed. Contrary to the plaintiffs further contention, the application of the exemption from liability provisions in Administrative Code of the City of New York § 7-210 (b) to the defendant does not violate the Municipal Home Rule Law *(see*Municipal Home Rule Law § 10 [1]).

Moreover, the defendant’s motion for summary judgment was not premature. The plaintiff failed to demonstrate that discovery may lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the defendant *(see*CPLR 3212 [f]; *Martinez v Kreychmar,*84 AD3d 1037, 1038 [2011]).

The plaintiffs remaining contention has been rendered academic in light of our determination. Dillon, J.P., Leventhal, Hall and Austin, JJ., concur. [Prior Case History: 30 Misc 3d 1241(A), 2011 NY Slip Op 50421(U).]
#### BEINHAUER, Respondent, v. MANHATTAN RY. CO. et al., Appellants.

(Supreme Court, General Term, First Department.

December 18, 1895.)

Action by Ferdinand Beinhauer against the Manhattan Railway Company and others.

L. W. Naylor, for appellants.

E. M. Felt, for respondent.

No opinion. Judgment modified by reducing the fee damage to $1,000, the rental damage to $800, ands extra allowance to $90, and, as so modified, affirmed, without costs.
# EUR-Lex - 52006AP0345 - EN

Important legal notice

*|*

# 52006AP0345

**European Parliament legislative resolution on the proposal for a Council decision on the accession of the European Community to the Hague Conference on Private International Law (COM(2005)0639 - 7591/2006 - C6-0138/2006 - 2005/0251(AVC)) **

*
Official Journal 305 E , 14/12/2006 P. 0219 - 0219 *

P6_TA(2006)0345

Accession of the EC to the Hague Conference on Private International Law ***

European Parliament legislative resolution on the proposal for a Council decision on the accession of the European Community to the Hague Conference on Private International Law (COM(2005)0639 — 7591/2006 — C6-0138/2006 — 2005/0251(AVC))

(Assent procedure)

The European Parliament,

- having regard to the proposal for a Council decision (COM(2005)06390 [1] — 7591/2006),

- having regard to the request for assent submitted by the Council pursuant to Article 61(c), in conjunction with the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3), of the EC Treaty (C6-0138/2006),

- having regard to Rule 75(1) of its Rules of Procedure,

- having regard to the recommendation of the Committee on Legal Affairs (A6-0250/2006),

1. Gives its assent to the proposal for a Council decision;

2. Instructs its President to forward its position to the Council and the Commission.

[1] Not yet published in OJ.

--------------------------------------------------
**Exhibit 10.90**

 

**First Amendment to PromissoryNote**

** **

**THIS FIRST AMENDMENT TO PROMISSORY NOTE** dated this 15th day of October, 2005, isby and among US Rubber Reclaiming, Inc. (“Borrower”) and Fair Holdings, Inc.(“Fair”), an Ohio corporation.  Theparties agree as follows:

** **

**Recitals**

** **

**WHEREAS**, Borrower and Fair entered into that certainPromissory Note dated April 15, 2005, in the principal amount of $3,700,000.00, (“Note’); and

** **

**WHEREAS,** Fair has agreed to amend the Note in order toincrease to $5,500,000.00 the amount which Borrower may borrow;

** **

**WHEREAS**, Fair is willing to amend the Note subject to theterms herein and subject to the amendment of the Note as herein provided;

** **

**NOW THEREFORE**, in consideration of the premises, and the mutualpromises herein contained, the parties agree that the Note shall be, and herebyis, amended as provided herein and the parties further agree as follows:

** **

** The principal amount of the Noteis hereby increased so that the total amount that can be borrowed under theNote is $5,500,000.00.**

** **

**All other terms and conditions contained in the Note, the SecurityAgreement and Mortgage or other related documents shall remain the same andshall continue in full force and effect that are not specifically amendedherein and shall continue during the term of the Note without change, except toreflect the increase in the amount of the Note and to provide securitytherefore for the entire amount that may become due under the Note.**

** **

**IN WITNESS WHEREOF**, Borrower, and Fair have caused this First Amendmentto Promissory Note to be executed as of the day first written above.

 

 
| **Fair Holdings, Inc.**         | ** ** | **US Rubber Reclaiming, Inc.** |
|--------------------------------------|------------|-------------------------------------|
| ** **                           | ** ** | ** **                          |
| ** **                           | ** ** | ** **                          |
| **/s/ Timothy  S. Durham**           | ** ** | ** **                          | **/s/ John D.  LaGrone** | ** ** |
| **By:  Timothy S. Durham, CEO** | ** ** | **By: John D. LaGrone, President**  |
|                                      |            |                                     |  |  |

 

1

----
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 2015** 

CHARLES STEVEN MCLEAN , Plaintiff

- Appellant ,

v.

CALDWELL MEMORIAL HOSPITAL; CALDWELL COUNTY DEPARTMENT OF SOCIAL SERVICES; FIRST BAPTIST CHURCH OF LENOIR , Defendants

- Appellees

.

Appeal from the United States District Court for the Western District of North Carolina , at Statesville

. Richard L. Voorhees , District Judge. ( 5:15

- cv
- 00100

- RLV

- DSC )

Submitted : January 14, 2016 Decided: January 19, 2016

Before AGEE , WYNN, and FLOYD, Circuit Judges.

Dismissed by un published per curiam opinion

.

Charles Steven McLean , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Charles Steven McLean appeals the district court ’ s order dismissing his 42 U.S.C. § 1983 (20 12 ) complaint under 28 U.S.C.

§ 1915(e)(2)(B) (20 12 ). We have reviewed the record and find
that this appeal is frivolous. Accordingly, we deny McLean’s motion to proceed in forma pauperis and dis miss the appeal for
the reasons stated by the district court. McLean v. Caldwell

Mem ’ l Hosp

. , No. 5:15

- cv
- 00100

- RLV

- DSC (W.D.N.C

. Aug. 18, 2015). We dispense with oral argument because the facts and legal
contentions are adequately presented in the mater ials before

th is court and argument would not aid the decisional process.

DISMISSED
EFiled:  Dec 23 2015 09:00AM EST  Filing ID 58335018 

Case Number 363,2015
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<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           9,468
<INT-BEARING-DEPOSITS>                          14,233
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     59,120
<INVESTMENTS-CARRYING>                               0
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<LOANS>                                        974,574
<ALLOWANCE>                                     19,035
<TOTAL-ASSETS>                               1,070,200
<DEPOSITS>                                     909,172
<SHORT-TERM>                                    22,500
<LIABILITIES-OTHER>                              8,065
<LONG-TERM>                                     11,750
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
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<OTHER-SE>                                      62,410
<TOTAL-LIABILITIES-AND-EQUITY>               1,070,200
<INTEREST-LOAN>                                 70,448
<INTEREST-INVEST>                                4,390
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                74,838
<INTEREST-DEPOSIT>                              33,997
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<INTEREST-INCOME-NET>                           39,259
<LOAN-LOSSES>                                    3,800
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<EXPENSE-OTHER>                                 15,820
<INCOME-PRETAX>                                 20,428
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<EXTRAORDINARY>                                      0
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<NET-INCOME>                                    12,054
<EPS-BASIC>                                       1.68
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<YIELD-ACTUAL>                                    5.12
<LOANS-NON>                                      5,808
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   206
<LOANS-PROBLEM>                                 31,031
<ALLOWANCE-OPEN>                                16,811
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<RECOVERIES>                                       204
<ALLOWANCE-CLOSE>                               19,035
<ALLOWANCE-DOMESTIC>                            19,035
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
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Jason W Amling
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