alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 01-20298

ASSOCIATED INTERNATIONAL INSURANCE COMPANY,

Plaintiff-Counter Defendant-Appellee,

VERSUS

BOYD BLYTHE; ET AL.,

Defendants,

BOYD BLYTHE; CHRISTOPHER SHAWN WOOD, Individually, and

as Representative of Slade Zacharia Wood,

Defendants-Counter-Claimants-Appellants.

Appeals from the United States District Court

For the Southern District of Texas, Houston

April 16, 2002

ON PETITION FOR REHEARING

(Opinion March 22, 2002, 5th Cir., 2002, ____F.3d____)

Before DAVIS, WIENER and BARKSDALE, Circuit Judges.

PER CURIAM:

We deny Associated International Insurance Company’s motion

for rehearing.

In response to Associated’s petition for panel rehearing, we
2

substitute the following in place of section IV of the opinion as

originally issued:

IV.

Based on our review of the case law in Texas and in other

jurisdictions, we conclude that under the allegations of

Associated’s complaint, Blythe was covered under the Associated

excess policy as an additional insured and the district court’s

judgment denying Blythe’s Partial Motion for Summary Judgment and

granting Associated’s Motion for Summary Judgment on that issue

must be reversed. The district court’s order dismissing Blythe’s

and Wood’s extra-contractual claims against Associated solely as a

consequence of the district court’s conclusion on the coverage

issue must also be reversed and those claims remanded for trial. 

Accordingly, the district court’s judgment is REVERSED and

this case is REMANDED for further proceedings consistent with this

opinion.
S06A1869.

#### WHITFIELD v. HICKS.

(637 SE2d 687)

SEARS, Chief Justice.

James Whitfield appeals from the trial court’s order dismissing his petition for mandamus, by which he sought to compel the Clerk of Fulton County Superior Court, Juanita Hicks, to cancel a notice of federal tax lien that had been filed against him in Fulton County Superior Court. Whitfield claims that the tax lien notice should be canceled because it has not been certified by the United States Secretary of the Treasury as required by OCGA§ 44-14-572. Because the State of Georgia cannot impose its own additional requirements on the filing of federal tax liens, we affirm the order of the trial court dismissing the petition.

OCGA § 44-14-572 provides that notices of federal tax liens are entitled to be filed upon “[certification by the secretary of the treasury of the United States or his delegate.” “The eligibility for filing of a federal tax lien, however, is controlled by federal law and *306the states are not permitted to add to the federal requirements.”1 Accordingly, OCGA§ 44-14-572 provides nobasis for the relief sought by Whitfield in this case, and the trial court was correct to dismiss his petition.

Decided November 20, 2006.

James Whitfield, *pro se.*

*Overtis H. Brantley, Paula M. Nash, S. Carlton Rouse,*for appellee.

*Judgment affirmed.*

*All the Justices concur.*

1

 (Citations omitted.) *Brissey v.*Ellison, 272 Ga. 38, 40 (526 SE2d 851) (2000) (Fletcher, P. J., concurring). See also *United States v. Union Central Life Ins. Co.,*368 U. S. 291 (82 SC 349, 7 LE2d 294) (1961) (states cannot impose additional requirements upon federal tax liens); 26 USC § 6323 (f) (3) (“[s]uch notice shall be valid notwithstanding any other provision of law regarding the form or content of a notice of lien.”).
**Fund**/Ticker

**Strategic Advisers**®**Core Fund**/FCSAX

*Offered exclusively to certain clients of Strategic Advisers, Inc. - not available for sale to the general public*

**Summary Prospectus**

**July 30, 2011**

**As Revised December 20, 2011**
#### In the Matter of Elbert Welch, Appellant, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

Submitted April 12, 2010;

decided June 3, 2010

On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied.
<PAGE>
                                                                    Page 8 of 14

                                                                   EXHIBIT 99(a)

                        KEYCORP STUDENT LOAN TRUST 2001-A
                              OFFICER'S CERTIFICATE


Key Consumer Receivables LLC                Bank One, National Association
c/o Key Bank USA, National Association      One Bank One Plaza, Suite 0126
800 Superior Ave, 4th Floor                 Chicago, IL  60670
Cleveland, Ohio 44114                       Attn: Corporate Trust Administration
ATTN: Senior Vice President                 Phone: (312) 407-0192
Phone: (216) 828-9342                       Fax: (312) 407-1708
Fax: (216) 828-9301

MBIA  Insurance Corporation                 Key Bank USA, National Association
113 King Street                             800 Superior Ave, 4th Floor
Armonk, NY 10504                            Cleveland, Ohio 44114
ATTN: Data Administration                   ATTN: Key Education Resources,
Phone  (914) 765-3772                             Student Loan Trust 2001-A
Fax: (914) 765-3810                         Phone: (216) 828-9342
                                            Fax: (216) 828-9301

Banker's Trust Company, Deutsche Bank
100 Plaza One, Mailstop: JCY03-6450
Jersey City, NJ 07310
Attn: Corporate Trust & Agency Group
      Structured Finance
Phone: (201) 593-6776
Fax: (201) 593-6459


Pursuant to Section 4.09 of the Sale and Servicing Agreement among Key Consumer
Receivables LLC, as Depositor, Key Bank USA, National Association as Master
Servicer and Administrator, KeyCorp Student Loan Trust 2001-A Trust, and Bank
One, National Association, as Eligible Lender Trustee, dated as of September 1,
2001 (the "Agreement"), the undersigned hereby certifies that (i) a review of
the activities of the Master Servicer from the inception of the Trust, through
December 31, 2001, and of its performance under the Agreement has been made, and
(ii) to the best of our knowledge, based on our review, the Master Servicer has
fulfilled all its obligations under the Agreement throughout such period.

                                            Key Bank USA, National Association,
                                            as Master Servicer

                                            by:    /s/ DARLENE H DIMITRIJEVS
                                               --------------------------------
Date: March 4, 2002                         Name:  Darlene H. Dimitrijevs, CPA
                                            Title: Senior Vice President


                                            by:    /s/ DEBRA S. FRONIUS
                                               --------------------------------
                                            Name:  Debra S. Fronius
                                            Title: Vice President
Exhibit No. 32.1
 BTHC XV, Inc.
 File No. 0-52808
 Form 10-Q
 Quarter ended March 31, 2010
 
 
 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 BTHC XV, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Timothy P. Halter, Chief Executive and 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 results of operations of the Company.
 
  Date:  May 5, 2010
By:
/s/  Timothy P. HalterTimothy P. HalterChief Executive Officer,andChief Financial Officer
 
 
 A signed original of this written statement required by Section 906 has been provided to BTHC XV, Inc. and will be retained by BTHC XV, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
S07Y0005.

#### IN THE MATTER OF PATRICK C. KAUFMAN.

(635 SE2d 751)

Decided October 2, 2006.

*William P. Smith III, General Counsel State Bar, Jenny K. Mittelman, Assistant General Counsel State Bar,*for State Bar of Georgia.

Per curiam.

Patrick Kaufman has several disciplinary actions pending against him and has filed a petition for voluntary discipline in which he seeks the Court’s acceptance of the voluntary surrender of his license. The State Bar recommends that the petition be accepted.

Kaufman admits that in two separate matters he accepted a client’s retainer, failed to take action on the case, failed to respond to the client’s inquiries, abandoned the case to the client’s detriment, and that at the time of this conduct, he was clinically depressed and suffering from alcoholism. He admits that his conduct constitutes violations of Rules 1.3, 1.4, and 1.16 of the Georgia Rules of Professional Conduct, Bar Rule 4-102 (d).

Having reviewed the record, we conclude that acceptance of the petition is appropriate. Accordingly, we accept the voluntary surrender of Kaufman’s license, which is tantamount to disbarment. It is hereby ordered that the name of Patrick C. Kaufman be removed from the rolls of persons authorized to practice law in the State of Georgia. Kaufman is reminded of his duties pursuant to Bar Rule 4-219 (c).

*Voluntary surrender of license accepted.*

*All the Justices concur.*
Exhibit 32.2

CERTIFICATION

Pursuant
to the requirement set forth in Rule 13a-14(b) of the Securities Exchange
Act of 1934, as amended (the Exchange Act), and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Fritz
L. LaPorte, in his capacity as Senior Vice President of Finance and
Administration, Chief Financial Officer and Treasurer of MAKO Surgical Corp.,
hereby certifies that, to the best of his knowledge:

| |      |                                                                                                                                                                                                                                                                  
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i)  | the
 Companys Quarterly Report on Form 10-Q for the three months ended June 30,
 2009 to which this Certification is attached as Exhibit 32.1 (the
 Quarterly Report) fully complies with the requirements of Section 13(a) or
 15(d) of the Exchange Act, and
| |      |                                                                                                                                                                                                                                                                  
| | (ii) | the
 information contained in the Quarterly Report fairly presents, in all
 material respects, the financial condition and results of operations of MAKO
 Surgical Corp.                                                                                         

|                |                                                                                                                                                                 | 
|--------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------- | 
|August 5,
 2009 | /s/ Fritz L.
 LaPorte                                                                                                                                           | 
|                | Fritz L.
 LaPorte  
 Senior Vice President of Finance and Administration, Chief 
 Financial Officer and Treasurer
 (Principal Financial and Accounting Officer)

This
certification accompanies the Quarterly Report on Form 10-Q to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of MAKO Surgical Corp.
under the Securities Act of 1933, as amended, or the Exchange Act (whether made
before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.

60

---
#### Jamie Raab, Respondent, v Kaleida Health et al., Appellants, et al., Defendants.

[875 NYS2d 411]—

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 19, 2008 in a medical malpractice action. The order granted the motion of plaintiff for leave to reargue and, upon reargument, denied without prejudice plaintiff’s cross motion for judgment as a matter of law with respect to the vicarious liability of defendants Kaleida Health and The Children’s Hospital of Buffalo.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action seeking damages for injuries she sustained during surgery at defendant The Children’s Hospital of Buffalo, which is owned by defendant Kaleida Health (collectively, Kaleida defendants). Supreme Court granted the motion of Ronald Alberico (defendant), a neuroradiologist seeking to dismiss the complaint against him and denied as moot plaintiffs cross motion seeking judgment as a matter of law determining that the Kaleida defendants are vicariously liable for the conduct of the neuroradiologist. Plaintiff subsequently moved for leave to reargue the cross motion and to vacate the court’s prior determination that the cross motion was moot. The court granted the motion for leave to reargue and, upon reargument, denied the cross motion without prejudice, pending completion of discovery. We affirm.

The court dismissed the complaint against defendant based on his affirmative defense that plaintiff failed to comply with Public Authorities Law § 3567, which applies to actions against *1381defendant’s employer, i.e., the Roswell Park Cancer Institute Corporation. That affirmative defense is thus unavailable to the Kaleida defendants, and “the dismissal of a complaint as against one party need not be given res judicata effect as against another vicariously liable for the same conduct when the dismissal was based upon a defense that was personal to that party” (see *Fuentes v Brookhaven Mem. Hosp.,*10 AD3d 384, 385 [2004]). Contrary to the contention of the Kaleida defendants, the dismissal of the complaint against defendant does not preclude a finding that the Kaleida defendants are vicariously liable for defendant’s conduct (see *id.*at 385-386; see *also Shapiro v Good Samaritan Regional Hosp. Med. Ctr.,*55 AD3d 821, 823-824 [2008]; *Trivedi v Golub,*46 AD3d 542 [2007]). Present— Hurlbutt, J.P., Martoche, Fahey, Carni and Gorski, JJ.
Exhibit 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRESIDENT PURSUANT
TO 18
U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I,
Patricia Cooke, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Asia
Atlantic Resources on Form 10-Q for the quarter ended October 31, 2010 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Form 10-Q fairly
presents, in all material respects, the financial condition and results of
operations of Asia Atlantic Resources.    __/s/
 Patricia Cooke____________________________ Patricia Cooke President, Chief
Executive Officer and Director  December 13, 2010
EXHIBIT
31.1


CERTIFICATION





I, Arturo
M. Raschbaum, certify that:





1.
              I
      have reviewed this quarterly report on Form 10-Q of Maiden Holdings,
      Ltd.;





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 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 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.





Dated: November 16,
      2009
                  /s/
      ARTURO M.
      RASCHBAUMArturo
      M. RaschbaumPresident
      and Chief Executive Officer
                    (Principal
      Executive
Officer)
(10)(16) Waiver of Cashless Exercise Provisions in Warrant by Wendover
Investments Ltd.

-----Original Message-----
From: Robert J Lyons [mailto:rlyons@chancery.ky]
Sent: 14 September 2005 16:12
To: Rainer Poertner
Subject: RE: Wendover Options


Dear Mr. Poertner,

Please accept this email as our confirmation that Wendover Investments
Limited is waiving its rights to a cashless exercise for the options it owns in
Marketing Worldwide Corp.

Yours sincerely

Robert J Lyons
Wendover Investments Limited
1561 GT
5th Floor
Zephyr House
Mary Street
Grand Cayman
Cayman Islands

t +1 345 949 0370
f +1 345 949 0324

The information contained in this communication is intended solely for the use
of the individual or entity to whom it is addressed and others authorized to
receive it. It may contain confidential or legally privileged information. If
you are not the intended recipient you are hereby notified that any disclosure,
copying, distribution or taking any action in reliance on the contents of this
information is strictly prohibited and may be unlawful. If you have received
this communication in error, please notify us immediately by responding to this
e-mail and then delete it from your system.
EXHIBIT 10.1




AMENDMENT NO. 1 TO PRO-WATER ACQUISITION AGREEMENT




THIS AMENDMENT NO. 1 TO PRO-WATER ACQUISITION AGREEMENT (the “Amendment”), is entered into as of this 12th day of July 2010, by and between RG Global Lifestyles, Inc. (“RGBL” or Buyer”) a California corporation having its principal place of business located at 2345 W. Foothill, Suite #7, Upland, CA 91786 and Pro-Water LLC, a Colorado limited liability company (“Pro-Water”) and Metropolitan Real Estate LLC, a New York limited liability company, and the sole Pro-Water member (“Pro-Water Member”). (The Pro-Water Member and Pro-Water are collectively referred herein as “Seller” or “Sellers”.) Buyer and Seller(s) are sometimes collectively referred to herein as the “Parties” and individually as the “Party.”




Preamble:




WHEREAS, the Parties entered into a certain Pro-Water Acquisition Agreement on July 7, 2010 (“Agreement”) for the sale of Pro-Water to RGBL;




WHEREAS, the Parties wish to amend the terms of the Agreement;




NOW, THEREFORE, in consideration of the promises and of the mutual agreements, provisions, covenants, representations and warranties herein contained, the Parties hereto hereby agree as follows:




Agreement




1.           Subsection (a) of Section 1.02 “Purchase and Sale” of the Agreement, shall be amended to read as follows:




“(a) A total of thirty three million, three hundred thirty three thousand, three hundred and thirty three (33,333,333) shares of the restricted common stock of RGBL (“RGBL Shares”);”




2.           Subsection (a) of Section 7.02 “Deliveries by RGBL” of the Agreement, shall be amended to read as follows:




“(a) To Horst Franz Geicke, the assign of the Pro-Water Member, a stock certificate representing thirty three million, three hundred thirty three thousand, three hundred and thirty three (33,333,333) shares of the restricted common stock of RGBL.”




3.           Subsection (a) of Section 5 “Conversion” of Exhibit A “Secured Convertible Promissory Note” to the Agreement, shall be amended to read as follows:




“(a)           Mechanics of Conversion. At any time, Lender may at its option elect to automatically convert all or part of: (a) $400,000 of the outstanding Principal Amount and unpaid accrued interest thereon as of such date (“Conversion Date”) into shares of the Borrower’s common stock, $0.001 par value per share (the “Common Stock”) at a price of $0.025 per share; and (2) $1,600,000 of the outstanding Principal Amount and unpaid accrued interest thereon as of such Conversion Date into shares of the Borrower’s Common Stock at a price of $0.20 per share;”




Other than the foregoing, the Agreement remains in full force and correct.




IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 to the Pro-Water Acquisition Agreement as of the day and year first written above.




RG Global Lifestyles, Inc.




/s/ Grant King


Name: Grant King


Title:  Chief Executive Officer






Pro-Water LLC




/s/ Keith Morlock


Name: Keith Morlock


Title:  President






Metropolitan Real Estate LLC




/s/ Horst Geicke


Name: Horst Geicke


Title:  Partner