alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### First National Bank of Cameron *v.*B. J. Neuhardt

(No. 8200)

Submitted January 21, 1936.

Decided February 4, 1936.

*Schmidt, Hugus & Laas, Erstdne, Palmer & Curl,*and *Austin V. Wood,*for plaintiff in error.

*Hall, Goodwin & Paul,*for defendant in error.

Hatcher, President:

This proceeding involves the application of the federal statute on usury.

The defendant Neuhardt executed three notes to the plaintiff bank in 1930, two of which bore usurious interest. Certain corporate stock was given plaintiff as security. Dividends from this stock were credited by plaintiff in part payment of the interest upon the notes, and the balance of the interest was paid by defendant. He wrote plaintiff that he preferred to give his personal checks in place of the dividend checks “for the amount of interest”; but his preference, not being granted, was not pressed. In July, 1931, plaintiff sold the collateral stock and applied the proceeds on the principal of the three notes, without objection from defendant. In July, 1932, defendant made a note to plaintiff for $1400.00, which represented the balance then due on the three notes, and is the subject of this litigation. Plaintiff re*32covered judgment herein for $1400.00 with interest from May 9th, 1934, the date this action was instituted. Defendant obtained a writ of error.

Defendant contends that plaintiff was not entitled to interest on the two usurious notes; and that the dividends received from the collateral stock should have been credited on the principal of the three notes instead of on the interest.

(1) The federal statute permits a debtor to recover usurious interest from a national bank only when an action for the recovery is commenced within two years from the time of the usurious transaction. U. S. C., Title 12, Section 86. The remedy given by the federal statute is exclusive. *Bank*v. *Bradford,*51 W. Va. 255, 41 S. E. 153; *First National Bank of Dillonvale*v. *Neuhardt,*117 W. Va. 25, 183 S. E. 604; U. S. C. A. 12, Sec. 86, Anno. 191. The two-year period had expired in this instance before the defendant questioned plaintiff’s right to the usury. Consequently, the question cannot be considered now.

(2) Defendant’s second contention is but an extension of his first, and is met precisely by the decision in *Bank*v. *Boylen,*26 W. Va. 554, 53 Am. Rep. 113. The rule there stated is that under the federal statute “usurious interest actually paid to a national bank on discounting and renewing a series of notes, cannot in an action by the bank on the last of them be applied in .satisfaction of the principal of the debt.” In pursuance of the common understanding between the parties, the dividends were applied at the time to the payment of interest. Hence, they cannot now be credited on the principal.

The judgment of the circuit court is accordingly affirmed.

*Affirmed.*
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002





The undersigned, Richard Liu, the Chief
Financial Officer of CHINA POLYPEPTIDE GROUP, INC. (the “Company”), DOES HEREBY
CERTIFY that:





1.      The
Company’s Quarterly Report on Form 10-Q for the quarter ended December 31, 2010
(the “Report”), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934; and





2.      Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operation of the Company.





IN WITNESS WHEREOF, the undersigned has
executed this statement this 14th day of February, 2011.





/s/ Richard LiuRichard
      LiuChief
      Financial Officer(Principal
      Financial and Accounting
Officer)





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





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350.  It 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.
[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Page 6191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-445]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Conference Grants (R13's).
    Date: March 5, 2008.
    Time: 12 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892. (Telephone Conference Call).
    Contact Person: Chang Sook Kim, PhD, Scientific Review 
Administrator, Review Branch, DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7190, Bethesda, MD 20892, 
(301) 435-0287, <a href="/cdn-cgi/l/email-protection#46252734292a2d29062b272f2a68282f2e68212930"><span class="__cf_email__" data-cfemail="9bf8fae9f4f7f0f4dbf6faf2f7b5f5f2f3b5fcf4ed">[email protected]</span></a>.
    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Pathway to Independence Awards (K99's).
    Date: March 11-12, 2008.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Sheraton National Hotel, 900 S. Orme Street, Arlington, 
VA 22204.
    Contact Person: William J. Johnson, PhD, Scientific Review 
Administrator, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924, 
(301) 435-0725, <a href="/cdn-cgi/l/email-protection#650f0a0d0b160a0b12250b0d09070c4b0b0c0d4b020a13"><span class="__cf_email__" data-cfemail="e68c898e8895898891a6888e8a848fc8888f8ec8818990">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: January 25, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 08-445 Filed 1-3-08; 8:45 am]
BILLING CODE 4140-01-M


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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          13,007
<SECURITIES>                                         0
<RECEIVABLES>                                       80
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                13,134
<PP&E>                                             333
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  13,467
<CURRENT-LIABILITIES>                            2,284
<BONDS>                                            376
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,130
<OTHER-SE>                                     (8,323)
<TOTAL-LIABILITY-AND-EQUITY>                    13,467
<SALES>                                            139
<TOTAL-REVENUES>                                   139
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 3,750
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,845
<INCOME-PRETAX>                                (5,442)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,442)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (425)
<CHANGES>                                            0
<NET-INCOME>                                   (5,867)
<EPS-PRIMARY>                                   (5.12)
<EPS-DILUTED>                                   (5.12)
        

</TABLE>
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service 

 National Institute for Occupational

 Safety and Health 

Robert A. Taft Laboratories

 4676 Columbia Parkway 

Cincinnati, OH 45226-1998 

Phone: 513-533-6825 

Fax: 513-533-6826 

 July 31, 2012 

SEC Tracking Number: SEC00046 

Ms. Rachel Leiton, Director 

Division of Energy Employees Occupational 

Illness Compensation 

U.S. Department of Labor 

200 Constitution Avenue, N.W., Room C-3321 

Washington, District of Columbia 20210 

Dear Ms. Leiton: 

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from the Feed Materials Production Center (FMPC) in Fernald, OH, as an 

addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness 

Compensation Program Act of 2000. On June 27, 2012, as provided for under 42 U.S.C. § 7384q(b), 

the Secretary of HHS designated the following class of employees as an addition to the SEC: 

All employees of DOE, its predecessor agencies, and their contractors, or subcontractors who 

worked at the Feed Materials Production Center (FMPC) in Fernald, Ohio, from January 1, 

1968 through December 31, 1978, for a number of work days aggregating at least 250 work 

days, occurring either solely under this employment, or in combination with work days 

within the parameters established for one or more other classes of employees included in the 

Special Exposure Cohort. 

This designation became effective on July 27, 2012, as provided for under 42 U.S.C. § 7384l(14)(C). 

Hence, beginning on July 27, 2012, members of this class of employees, defined as reported in this 

notice, became members of the SEC. 

Sincerely, 

[Signature on File] 

Stuart L. Hinnefeld, Director 

 Division of Compensation Analysis and Support 

 National Institute for Occupational Safety and Health
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Page 22892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10098]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Aviation Proceedings, Agreements Filed the Week Ending April 17, 
2010

    The following Agreements were filed with the Department of 
Transportation under the sections 412 and 414 of the Federal Aviation 
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing 
proceedings to enforce these provisions. Answers may be filed within 21 
days after the filing of the application.

    Docket Number: DOT-OST-2010-0098.
    Date Filed: April 16, 2010.
    Parties: Members of the International Air Transport Association.

    Subject:
CSC/32/Meet/006/2010 dated 9 April 2010.
Expedited Finally Adopted Resolutions: 600b, 600f, 600g, 600h,601, 607, 
660, 670, and 683, and Recommended Practices
1650, 1675 and 1676.
Intended effective date: 1 July 2010.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2010-10098 Filed 4-29-10; 8:45 am]
BILLING CODE 4910-9X-P
II

106TH CONGRESS

1ST SESSION S. 1505

To amend the Small Business Act to extend the authorization for the drugfree workplace program.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. COVERDELL (for himself, Mr. KYL, and Mr. ABRAHAM) introduced the

following bill; which was read twice and referred to the Committee on

Small Business

A BILL

To amend the Small Business Act to extend the

authorization for the drug-free workplace program.

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 ‘‘Drug-Free Workplace

5 Fair Demonstration Act’’.

6 SEC. 2. DRUG-FREE WORKPLACE PROGRAM EXTENSION.

7 Section 27(g)(1) of the Small Business Act (15

8 U.S.C. 654(g)(1)) is amended by striking ‘‘$10,000,000
2

•S 1505 IS

1 for fiscal years 1999 and 2000’’ and inserting

2 ‘‘$20,000,000 for fiscal years 1999 through 2002’’.

Æ
****
  **Exhibit
        15**
 
 **CONSENT
        OF INDEPENDENT REGISTRERED PUBLIC ACCOUNTING FIRM**
 
 We
        hereby
        consent to the incorporation by reference in the Registration Statements
        on Form
        S-8 (No. 333-144798 and No. 333-147058), and Form F-3/A (No. 333-116044,
        No.
        333-133330 and No. 333-148504) of our reports dated March 28, 2008, with
        respect
        to the consolidated financial statements and the effectiveness of internal
        control over financial reporting of BluePhoenix Solutions Ltd. included in
        this
        Annual Report on Form 20-F for the year ended December 31, 2007.
   /s/
                  Ziv Haft
                Certified
                  Public Accountants (Isr.)
                BDO
                  Member Firm
 
 Tel-Aviv,
        Israel
 March
        28,
        2008
Exhibit 99.2


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 on Form 10-KSB of Auto Data Network,  Inc.
(the  "Company")  for the  year  ended  February  28,  2003 as  filed  with  the
Securities  and Exchange  Commission on the date hereof (the  "Report"),  I, Lee
John Cole,  Chief  Financial  Officer of the  Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 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 result of operations of the Company.


/s/ Lee Cole
------------------------------------
Lee Cole
Chief Financial Officer
June 17, 2003
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41228 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DONALD GRANT, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:98-CV-199 USDC No. 6:94-CR-47-2

-------------------- April 26, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM: * Donald Grant, federal prisoner # 05073-078, appeals the district court’s denial of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. He has raised several issues, such as whether his plea was voluntary, whether he carried a weapon “in relation to” a drug-trafficking offense, and whether the Government engaged in “outrageous conduct,” for which he was notNo. 98-41228 -2- granted a certificate of appealability (COA). These issues are therefore not properly before the court. See Lackey v. Johnson , 116 F.3d 149, 151-52 (5th Cir. 1997). This court granted COA on one issue – whether the Government has set forth a sufficient factual basis to support Grant’s guilty plea to using and carrying a weapon during and in relation to a drug-trafficking offense because the drug listed in the information was not the substance actually distributed. Grant failed to raise this issue before the district court, and the lower court therefore did not have an opportunity to address the merits of this issue. Consequently, this court does not have jurisdiction to address the merits of this question.
See Whitehead v. Johnson , 157 F.3d 384, 387-88 (5th Cir. 1998). The district court’s denial of Grant’s § 2255 motion is AFFIRMED. Grant has also filed a motion to strike the Government’s brief, a motion for bond pending appeal, a motion for leave to supplement the record and for the court to take judicial notice, a motion to expedite the appeal, and two motions for summary judgment. These motions are DENIED.
JUDGMENT AFFIRMED; MOTIONS DENIED.
Exhibit 32.1








CERTIFICATION
 Pursuant to 18 U.S.C. 1350
 (Section 906 of the Sarbanes-Oxley Act of 2002)
 
 
 In connection with the Quarterly Report on Form 10-Q of TouchIT Technologies, Inc. (the “Company”) for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Recep Tanisman, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 16, 2011
By:
/s/ Recep TanismanName: Recep TanismanTitle:  Chief Executive Officer
ex10-44.htm


Exhibit 10.44

 

 Robert Taglich

 

 

BRIDGELINE DIGITAL, INC.

 

AMENDMENT #1 TO PROMISSORY NOTES 

 

THIS AMENDMENT #1 TO PROMISSORY NOTES (this “Amendment”) is made as of December 23, 2015, by and among Bridgeline Digital, Inc., a Delaware Corporation (the “Company”) and Robert Taglich (“Taglich”). 

 

WHEREAS, the Company has previously issued the following promissory note to Taglich (the “Notes”):

 

	 	
●
	
$250,000 Term Note issued on December 3, 2015 with a maturity date of March 3, 2016.



 

WHEREAS, the Notes all mature prior to March 1, 2017; and

 

WHEREAS, the Company and Taglich desire to amend the Notes to extend the maturity date of each of the Notes to March 1, 2017.

 

NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and Taglich hereby agree as follows:

 

1.            Amendments. Each of the Notes is hereby amended as follows:

 

	 	
a.
	
The Maturity Date of the Notes shall be changed to March 1, 2017, by deleting all references to the current maturity date and replacing such references with the date “March 1, 2017”; 



 

	 	
b.
	
Effective January 1, 2016, the interest rate set forth in Section 2(a) of the Notes shall be increased by one and a half (1.5) percentage points; and



 

	 	
c.
	
The following language shall be added at the end of Section 2(d) of the Notes:



 

	
“If the Company prepays any portion of the principal amount of this Note on or before the Maturity Date the Company shall pay a premium equal to 2% of the amount of principal of this Note being prepaid.”



 

2.            No Other Amendments. Except as expressly set forth herein, each of the Notes shall remain in full force and effect in accordance with its terms.

 

3.         Counterparts. This Amendment may be executed by the parties hereto in separate counterparts, each of which once so executed and delivered (including by facsimile and other means of electronic transmission) shall be considered an original, but all such counterparts shall together constitute the same instrument.

 

4.            Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York except as to its conflicts of laws principles.

 


 

1 




 


 

 Robert Taglich

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment #1 to Promissory Notes as of the day and year first above written.

 

 

 

	
 

 
	
BRIDGELINE DIGITAL, INC.

 

 

By: /s/ Michael Prinn

Name:  Michael Prinn

Title:  Chief Financial Officer

	  	  


 

 

 

 

	  	/s/ Robert Taglich
	 	Robert Taglich


 

 

2