alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE LIFE INSURANCE COMPANY OF VIRGINIA v. FRED I. SMATHERS et al.

(Filed 22 September, 1937.)

Usury § 2—

A sum paid an independent broker by tbe borrower to cover costs, commission, and expenses in securing- tbe loan, does not perforce render tbe loan usurious.

Appeal by defendants Fred I. Smathers and Rosamond L. Smathers from *Clement, J.,*at July Term, 1937, of Buncombe.

Civil action to determine amount due on promissory note and to foreclose deed of trust given as security for payment thereof.

Defendants admit the execution of their $15,000 note to Bankers Trust & Title Insurance Company on 17 January, 1931. They contend, however, that same should be stripped of its interest-bearing quality *(Waters v. Garris,*188 N. O., 305, 124 S. E., 334), and all interest paid thereon credited on the principal because of an alleged charge of usury amounting to $417.04 exacted at the,time of the making of said loan.

In a letter addressed to the Bankers Trust & Title Insurance Company under date of 15 January, 1931, and signed by the defendant Fred I. Smathers, it is stated: “I agree to furnish you fire insurance in an amount not less than $15,000 in a reliable fire insurance company acceptable to you and pay you the sum of $450.00, which I understand is to cover all costs, commission, and expense in securing said loan, and . . . if for any reason on your part this loan cannot be closed, you are not to charge me a fee for the preparation of the loan papers.”

*41At tbe close of all tbe evidence, tbe court directed a verdict against tbe defendants on tbeir plea of usury, thereby fixing tbe amount of tbe debt, and entered judgment of foreclosure.

Defendants Fred I. Smatbers and Rosamond L. Smatbers appeal, assigning errors.

*Harkins, Van Winkle & Walton for plaintiff, appellee.*

*Alfred S. Barnard for defendants, appellants.*

Stacy, C. J.

A careful perusal of tbe record leaves us with tbe impression tbat no reversible error was committed in tbe trial of tbe cause, or, at least, tbat none bas been made, to appear.

Tbe case of *Loan Co. v. Yokley,*174 N. C., 573, 94 S. E., 102, cited and relied upon by defendants, is distinguishable, in that, in tbe *Yokley case, supra,*as stated in tbe opinion, it was “not a reasonable inference from tbe evidence . . . that tbe trust company was doing no more than charging a reasonable commission for negotiating a loan made by tbe annuity company.” Here, tbe defendant’s own letter is to tbe effect: I agree to pay tbe Bankers Trust tbe sum of $450.00, “which I understand is to cover all costs, commission, and expense in securing said loan.” See *Ray v. Ins. Co.,*207 N. C., 654, 178 S. E., 89; *Hunter*v. *Realty Co.,*210 N. C., 91, 185 S. E., 461.

Tbe result will not be disturbed.

No error.
B 2100A (Form 2100A) (12/15)

UNITED STATES BANKRUPTCY COURT

__________ District Of __________

In re ________________________________, Case No. ________________

TRANSFER OF CLAIM OTHER THAN FOR SECURITY

A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. § 1111(a). Transferee

hereby gives evidence and notice pursuant to Rule 3001(e)(2), Fed. R. Bankr. P., of the transfer, other

than for security, of the claim referenced in this evidence and notice.

______________________________________ ____________________________________

Name of Transferee Name of Transferor

Name and Address where notices to transferee Court Claim # (if known):

should be sent: Amount of Claim:

Date Claim Filed:

Phone: ______________________________ Phone:

Last Four Digits of Acct #: ______________ Last Four Digits of Acct. #: __________

Name and Address where transferee payments

should be sent (if different from above): 

Phone:

Last Four Digits of Acct #:

I declare under penalty of perjury that the information provided in this notice is true and correct to the

best of my knowledge and belief.

By:__________________________________ Date:____________________________

Transferee/Transferee’s Agent

Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 & 3571.

New York, NY 10065

New York, NY 10019

Case: 19-30088 Doc# 2363 Filed: 06/04/19 Entered: 06/04/19 06:46:29 Page 1 of

2
Case: 19-30088 Doc# 2363 Filed: 06/04/19 Entered: 06/04/19 06:46:29 Page 2 of

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#### Annorah H. Kneale, Appellant, v. The Rochester and Lake Ontario Railroad Company, Respondent.

Order modiiied so as to grant a new trial on payment of the costs of the former trial, and as so modified aftirmed, without costs of this appeal to either party.
**Exhibit 32.1**

 

SECTION 1350 CERTIFICATIONS

 

Pursuant to 18 U.S.C.§1350 as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, theundersigned officers of Celldex Therapeutics, Inc. (the “Company”) herebycertify that to their knowledge and in their respective capacities that theCompany’s quarterly report on Form 10-Q to which this certification is attached(the “Report”), fully complies with the requirements of Section 13(a) or 15(d),as applicable, of the Securities Exchange Act of 1934, as amended (the “ExchangeAct”), and that the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| Date: November 6,  2009 | By:         | /s/ ANTHONY S. MARUCCI                             |
|------------------------------|-------------|----------------------------------------------------|
|                         | Name:  | Anthony S. Marucci                                 |
|                         | Title:      | President and Chief  Executive Officer             |
|                         |        |                                               |
| Date: November 6,  2009 | By:         | /s/ AVERY W. CATLIN                                |
|                         | Name:       | Avery W. Catlin                                    |
|                         | Title:      | Senior Vice President  and Chief Financial Officer |

 

This certification shallnot be deemed “filed” for any purpose, nor shall it be deemed to beincorporated by reference into any filing under the Securities Act of 1933 orthe Exchange Act. A signed original of this written statement required by Section906, or other document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to CelldexTherapeutics, Inc. and will be retained by Celldex Therapeutics, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
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	Panamanian and US forces conclude humanitarian exercise Mercury
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        <h1 class="title">Panamanian and US forces conclude humanitarian exercise Mercury</h1>
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    <div> <span class="date">/ Published Feb. 1, 2021</span></div>
    <span class="dateline-text"></span>
    <p>Joint Task Force Bravo, United States Southern Command, the Panamanian National Aeronaval Service (Senan) and National Border Service (Senafront) held a closing ceremony for humanitarian exercise “Mercury” today.</p>

<p>For more than two weeks, Joint Task Force Bravo, Senan and Senafront conducted exercises in coordinated response to natural disasters and moved more than 700,000 pounds of food, construction materials, educational, medical and other supplies to areas of difficult access in the province of Darién.</p>

<p>“I am very impressed with the level of cooperation between Panamanian and U.S. forces, it certainly helped make this mission a success,” said United States Army Colonel John D. Lichtfield, commander of JTF-Bravo.</p>

<p>"It’s this type of training that ensures that we can integrate without major obstacles with our partners, in case Panama needs our assistance again," added Lichtfield, referring to the U.S. response during the aftermath of Hurricane Eta, in November 2020.</p>

<p>This is the second iteration of Exercise Mercury, which included the participation of approximately 100 U.S. service members as well as the use of seven helicopters to conduct the exercise between January 17 and February 1.</p>

<p>Exercise Mercury is a combined interoperability training that brought participants together to provide humanitarian support, improve our processes and procedures, and enhance the participants’ overall readiness to respond to a disaster or crisis, while demonstrating U.S. Southern Command’s enduring promise to the Americas.</p>
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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                    
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###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting:

*Time and Date:*                         11 a.m.-5 p.m., June 18, 2010 (Closed)                    

*Place:*                         Teleconference.                    

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                    

*Matters to be Discussed:*                         The meeting will include the initial review, discussion, and evaluation of applications received in response to “Provider and Public Health Input for Vaccine Policy Decisions, SIP 10-036.”                    

*Contact Person for More Information:*                         Michelle Mathieson, Public Health Analyst, National Center for Chronic Disease and Health Promotion, Office of the Director, Extramural Research Program Office, 4770 Buford Highway, NE., Mailstop K-92, Atlanta, GA 30341, Telephone: (770) 488-3068, E-mail:                         *mth8@cdc.gov.*

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                    

Dated: May 21, 2010.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 2010-13011 Filed 5-28-10; 8:45 am]

BILLING CODE 4163-18-P
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

In connection with this Annual Report on Form 10-K/A of PennantPark
Investment Corporation for the annual period ended September 30, 2016 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Arthur H. Penn, as Chief Executive Officer of the Registrant hereby
certify, to the best of my knowledge 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 Registrant.



|                              
|------------------------------
|/s/ Arthur H. Penn            
|Name: Arthur H. Penn          
|Title: Chief Executive Officer
|Date: March 17, 2017
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<ARTICLE> 5
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Electronically Filed

Intermediate Court of Appeals

CAAP-13-0005659

29-MAY-2015

08:35 AM
1

The Honorable Robert T. Dawson, United States District Judge for the Western

District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 08-3228

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Western District of Arkansas.

Stacey Ladon Brown, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: December 23, 2009

 Filed: December 30, 2009

___________

Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.

___________

PER CURIAM.

Stacey Ladon Brown appeals the 155-month sentence the district court1

imposed after he pled guilty to knowingly possessing with intent to distribute more

than 50 grams of a mixture or substance containing a detectable amount of cocaine

base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii). Brown’s sentence

was based in part on a downward departure under U.S.S.G. § 5K1.1. Brown’s counsel

seeks permission to withdraw and has filed a brief under Anders v. California, 386

U.S. 738 (1967). Brown has filed a pro se supplemental brief arguing that the district
-2-

court erred in sentencing him as a career offender under the Guidelines, and that his

attorney was ineffective and coerced his guilty plea. He has also moved to

supplement the record.

We conclude the district court did not abuse its discretion in sentencing Brown

to 155 months in prison. See United States v. Berni, 439 F.3d 990, 993 (8th Cir.

2006) (per curiam) (appellate court reviews sentences involving § 5K1.1 downward

departure for reasonableness using abuse of discretion standard; sentence is reasonable

where district court correctly calculated Guidelines range, permissibly applied §

5K1.1 departure, and considered resulting adjusted range and § 3553(a) factors). We

also conclude the court correctly determined that Brown was a career offender under

the advisory Guidelines. See U.S.S.G. § 4B1.1 (career-offender elements); United

States v. Adams, 509 F.3d 929, 932-33 (8th Cir. 2007) (robberies that occurred at

different locations, different times, and with different victims, although similar in

modus operandi, were separate offenses for purposes of determining § 4B1.1 career

offender status). Finally, we decline to review Brown’s claims that his counsel was

ineffective and coerced his guilty plea. See United States v. McAdory, 501 F.3d 868,

872-73 (8th Cir. 2007) (appellate court ordinarily defers ineffective-assistance claims

to 28 U.S.C. § 2255 proceedings); United States v. Cain, 134 F.3d 1345, 1352 (8th

Cir. 1998) (claim that ineffective assistance of counsel rendered guilty plea

involuntary is more properly raised in § 2255 proceedings).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75

(1988), we have found no nonfrivolous issues. Accordingly, we grant counsel’s

motion to withdraw, and affirm. We also grant Brown’s motion to supplement the

record.

______________________________
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals**  **for the Federal Circuit**

______________________

TIFFANY M. WASHINGTO N,
Petitioner

v.

DEPARTMENT OF DEFENS E, Respondent

______________________

2017

- 2072

______________________

Petition for review of the Merit Systems Protection
Board in No. AT

- 0752

- 15

- 0572

- I

- 1.

______________________

JUDGMENT

______________________

S COTT W. H UNTER

, Scott W. Hunter, LLC, Fairhope, AL, argued for petitioner. Also represented by E DWARD S MITH , Mobile, AL.

A DAM E. L YONS

, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent. Also represente d by R EGINALD T HOMAS B LADES

, J R

., J OSEPH H. H UNT

, R OBERT E DWARD K IRSCHMAN

, J R

.

______________________T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (N EWMAN

, O’M ALLEY

, and T ARANTO

, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

September 3, 2019 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner
Clerk of Court
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

In connection with the Annual Report on Form 10-K/A of PennantPark Investment Corporation for the annual period ended September 30, 2019 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Aviv Efrat, as Chief Financial Officer of the Registrant hereby certify, to the best of my knowledge 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 Registrant.

 

| /s/ Aviv Efrat |
|----------------|
| Name:          |   | Aviv Efrat |
| Title:         |   | Chief Financial Officer |
| Date:          |   | March 30, 2020 |
<PAGE>


                                                                      Exhibit 32


                             REX Stores Corporation
                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

         The undersigned officers of REX Stores Corporation (the "Company")
hereby certify, to their knowledge, that the Company's Quarterly Report on Form
10-Q for the period ended October 31, 2004, which this certificate accompanies,
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained therein fairly presents,
in all material respects, the financial condition and results of operations of
the Company.

         A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.



STUART A. ROSE
Stuart A. Rose


DOUGLAS L. BRUGGEMAN
Douglas L. Bruggeman


Dated: December 9, 2004