alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PITTSBURGH PLATE GLASS COMPANY, Inc., v. HOTEL CORPORATION et al.

(Filed 30 December, 1929.)

Insurance K b — Retention of premium until issue' of fraud can be determined is not waiver of right to avoid contract for the fraud.

The surety on the bond of a contractor for the erection of a building does not necessarily waive his right to avoid the contract for fraud by retaining the premium paid to it during the litigation until the alleged fraudulent procurement of the bond can be determined.

Appeal by plaintiff from *Grady, J.,*at May Term, 1929, of New HaNOVER.

Civil action to recover for materials furnisbed by plaintiff and used by the contractor in building the Cape Fear Hotel in the city of Wilmington.

Upon denial of liability by tbe bonding company, and issues joined, the jury returned the following verdict:

"1. Was the execution of the bond of 2 November, 1923, on the part of the Fidelity and Deposit Company of Maryland, procured by false and fraudulent representations, or the fraudulent concealment of facts on the part of Walter Clark, as alleged in the answer of said Surety Company? Answer: Yes.

“2. If so, did Miller & Company have knowledge of, or participate in said fraudulent representations or concealment of facts as alleged in said answer? Answer: Yes.

“3. If there were such fraudulent representations or concealment of facts as alleged, did the Fidelity and Deposit Company of Maryland, after the discovery thereof, retain the premium, and hold and claim the benefit of the indemnity obligation of Broadfoot, as alleged by the complaint ? Answer: Yes, by the court.

“4. If there were such fraudulent representations or concealment of facts, as alleged by the defendant, Surety Company, has said Surety Company, by its acts and conduct waived the same and ratified the contract or suretyship as alleged by the plaintiff? Answer: No, by the court.

“5. What amount is the plaintiff entitled to recover of the defendant, Fidelity and Deposit Company ? Answer: .”

From a judgment on the verdict, relieving the Fidelity and Deposit Company of Maryland from liability on its bond, but requiring a return of the premium paid thereon, the plaintiff appeals, assigning errors.

*Bryan & Campbell, O. D. Hogúe a\nd Mcursden Bellamy for plaintiff.*

*Isaac 0. Wright and Bounirm & Carr for defendant, Deposit Company.*

*167Per Curiam.

Tbis action was instituted. 24 August, 1925. It bas bad many bearings in tbe Superior Court, and tbis is tbe third appeal bere. Former appeals reported in 193 N. C., 769, and 197 N. C., 10.

A careful perusal of tbe record leaves us witb tbe impression tbat the case bas been tried substantially in accord witb tbe principles of law applicable, and tbat tbe verdict and judgment should be upheld.

Tbe trial court correctly ruled tbat in an action to recover on tbe contract it is not necessarily a waiver of tbe right of avoidance for a surety company, while defending said action, to retain tbe premium paid on tbe policy until its alleged fraudulent procurement can be determined. 14 R. C. L., 1193.

No error.
### THEATTORNEY GENERAL OFTEXAS AUSTIN ~~.TEXAS i February 18, 1959

Hon. Robert 9. Calvert Comptroller of PublicAccounts OpinionNo. NW- 

### 554 Capitol Station Austin, Texas Re:

Dear Mr. Calvert: Whether or not shut-in gas royalty payments are taxable under the provisions of Article 

### 7047b, V.C.S. Your letter of December 11, 

### 1958, requesting an opinion upon the above-captionedmatter, reads, in part, as follows: "In making audits of several of the gas production accounts it has been noted that in a number of instances the producersmake shut-inroyaltypayments.to various of the interestholders. A _ questionhas arisen as to whether or not such payments are subject to the gasproduction tax, in view of the fact that the paymentsmight be consideredas a bonus or premium for gas that has been or which will, In the future,be produced from the lease." Article~7047bdoes not specificallypurport to cover this situation. Therefore, *legislative intent" we must attempt to discern the without thereby adding to the statute. This is a severancetax. It contemplates roductlon of gas. Dec. 1 (lp. The tax base is either (1) +lue mar e of gas at the mouth of the well or (2)grosa cash receipts, Dec. 1 (q7. It is certainly true that royalty interest owners are herein included in the taxed group.Dec. 1 

### (8J. It is also true that royalty owners are here receiving cash payments --shut-in royalties. However, thesepayments do not result from the production and sale of gas. They do not originate frompurchasers, but rather from the lessee-producers. They are to compensate the royalty interestholders for lost productionpayments duringperiods when no nroduction occurs. nion 011 Company of Californiav.,L. 73. Ogden, et al, Tex. ~.APP. (19551 > 2?5s . . **246).**Hon. Robert S. Calvert, Page 2, OpinionNo. WW-a

This is equally true whether a well be "shut-in" Immediately upon completion or after some'productlonhas occurred. The statutemeasure8 tax compensationto the stateby gas "produced and saved." As there la no severanceoccurring during these shut-inperiods, the originalpotential production remains intact, and the full contemplatedtax may still be imposedwhen gas Is produced. In view of the above reasoning, therefore,we believe that shut-ingas royaltypayments are outside the intended scope of this tax statute.

Shut-in gas royalty payments are not taxable under the provisions of Article 7O$'b,V,C.S. Yours very truly, WILL WILSON AttorneyGeneral of Texas

APPROVED: rney General

OPINION COMMITTEE: Geo. P. Blackburn, Chairman Milton Richardson (

\ - Tom Burrus

Joe Rollins REVIEWED FCRTHE ATTORNEY GENBRAL By W, V. Geopert

V Geppert I . ,' .,I
Exhibit 31.1 CERTIFICATION I, Corey
Henry, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Drive Auto Receivables Trust 2020-1 (the
Exchange Act periodic reports); 2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; 4. Based
on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in
all material respects; and 5. All of the reports on assessment of compliance with servicing criteria for
asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in
this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise
disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Wilmington
Trust, National Association.  By:

/s/ Corey HenryName:

Corey HenryTitle:

President and Chief Executive OfficerSantander Drive Auto Receivables LLC, as Depositor(senior officer in charge of securitization of the depositor)Date:

March 29, 2024
#### George Alden, as Receiver, etc., Appellant, v. John La Grange, Respondent, Impleaded, etc.

Interlocutory judgment, so far as appealed from, reversed, with costs of the appeal to the appellant, and demurrer to the first and second defenses sustained.
U.S. SECURITIES AND EXCHANGE COMMISSION
                          WASHINGTON, D.C. 20549
                                     
                               FORM 10-QSB/A
                      (As amended January 5, 1996)

(Mark One)

[X]  Quarterly report under Section 13 or 15(d) of the Securities Exchange
     Act of 1934

     For the quarterly period ended September 30, 1995

[  ] Transition report under Section 13 or 15(d) of the Exchange Act

     For the transition period from ______ to ________

Commission file number 0-13337
                                     
                               CELCOR, INC.
     (Exact Name of Small Business Issuer as Specified in its Charter)
                                     
             DELAWARE                        22-2497491
(State or other jurisdiction of  (I.R.S. Employer identification
incorporation or organization)                  number)

                  1800 Bloomsbury Ave., Ocean, N.J. 07712
                 (Address of principal executive offices)
                                     
                                908-922-3158
                (Issuer's telephone number including area code)

                                     
 (Former name, former address and former fiscal year, if change since last
                                  report)
                                     
      Check whether issuer:  (1) has filed all reports required to be filed
by Section 13 or 15(d) of the Exchange Act during the past twelve months
(or for such shorter period that the registrant was required to file such
reports), and (2) has been subject to such filing requirements for the past
ninety days.


                      Yes      X             No
                                     
             APPLICABLE ONLY TO ISSUERS INVOLVED IN BANKRUPTCY
                PROCEEDINGS DURING THE PRECEDING FIVE YEARS

       Check  whether  the  registrant has filed  all  documents  and  reports
required  to  be  filed by Section 12, 13 or 15(d) of the Exchange  Act  after
the distribution of securities under a plan confirmed by the court.

                         Yes   [X]             No


                   APPLICABLE ONLY TO CORPORATE ISSUERS

      State the number of shares outstanding of each of the issuer's
classes of common equity, as of the last practicable date:

As of September 30, 1995 there were outstanding 3,364,674 shares of the
Registrant's common stock.



                                SIGNATURES
                                     
      Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this Amended Report to be signed on its
behalf by the undersigned thereunto duly authorized.


Dated:  January 5, 1995                 CELCOR, INC.



                                         Stephen E. Roman, Jr.
                                         President
EXHIBIT E 

Case: 19-30088 Doc# 4215-5 Filed: 10/16/19 Entered: 10/16/19 08:35:03 Page 1

of 3
650 California Street, Suite 1900

San Francisco, CA 94108

Email: admin@kellerbenvenutti.com

Billing Statement No. 82019A

Date: 10/16/2019

Due Upon Receipt

PG&E Corporation

Attn: Janet Loduca

77 Beale Street

San Francisco, CA 94105

00138-31 PG&E

Chapter 11 representation- Expenses

Type Date Description Quantity Rate Fees and

Expenses

Total

Expense 08/02/2019 E116 Trial transcripts: eScribers Invoice No. 265811 (July 31, 2019

hearing).

1.00 $217.80 $217.80

Expense 08/08/2019 E105 Telephone: CourtCall for Peter Benvenutti (August 7, 2019 hearing). 1.00 $87.50 $87.50

Expense 08/12/2019 E116 Trial transcripts: eScriber Invoice No. 267110 (August 7, 2019

hearing).

1.00 $713.90 $713.90

Expense 08/14/2019 E116 Trial transcripts: eScriber Invoice No. 267399 (August 9, 2019

hearing).

1.00 $707.85 $707.85

Expense 08/14/2019 E101 Copying: Clear Discovery Invoice No. 001215 (August 13, 2019

hearing).

1.00 $1,661.27 $1,661.27

Expense 08/14/2019 E101 Copying: Clear Discovery Invoice No. 001216 (August 14, 2019

hearing).

1.00 $4,659.16 $4,659.16

Expense 08/19/2019 E101 Copying: Disclosure Statement from the 2001 PG&E case from the

Federal Records Center.

1.00 $134.00 $134.00

Expense 08/22/2019 E101 Copying: Clear Discovery Invoice No. 001214 (August 9, 2019

hearing).

1.00 $1,384.42 $1,384.42

Expense 08/22/2019 E107 Delivery services/messengers: Nationwide Legal Invoice No. 359475

(July 22, July 24, and July 26, 2019 deliveries).

1.00 $265.98 $265.98

Expense 08/22/2019 E116 Trial transcripts: eScribers Invoice No. 267861 (August 13, 2019

hearing).

1.00 $1,143.45 $1,143.45

Expense 08/27/2019 E109 Local travel: Uber ride from USBC to office. 1.00 $13.24 $13.24

Expense 08/30/2019 E116 Trial transcripts: eScribers Invoice No. 268315 (August 14, 2019

hearing).

1.00 $2,057.00 $2,057.00

Expense 08/30/2019 E107 Delivery services/messengers: Nationwide Legal Invoice No. 360193

(August 2019 deliveries).

1.00 $1,060.60 $1,060.60

Case: 19-30088 Doc# 4215-5 Filed: 10/16/19 Entered: 10/16/19 08:35:03 Page 2

of 3
Expense 08/30/2019 E116 Trial transcripts: eScribers Invoice No. 270504 (August 27, 2019

hearing).

1.00 $296.45 $296.45

Expense 08/30/2019 E116 Trial transcripts: eScribers Invoice No. 270655 (August 27, 2019

hearing).

1.00 $1,167.65 $1,167.65

Time Keeper Time Rate Fees and Expenses

Total

Fees and Expenses Subtotal $15,570.27

Fees and Expenses Total $15,570.27

Case: 19-30088 Doc# 4215-5 Filed: 10/16/19 Entered: 10/16/19 08:35:03 Page 3

of 3
J

- S40007

- 16

NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENN SYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v. ROY HOLLOWAY Appellant No. 3359 EDA 2015

Appeal from the PCRA Order October 21 , 2015 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP

- 51

- CR

- 1007581

- 1977

BEFORE: BOWES, MUNDY AND MUSMANNO, JJ. JUDGMENT ORDER BY BOWES, J.: FILED JUNE 08, 2016 Roy Holloway appeals from the denial of his fifth petition seeking post

conviction relief. We affirm. On December 6, 1978, a jury convicted Appellant of first degree murder, conspiracy, and possession of an instrument o f crime. On February 13, 1975, Appellant shot and killed Hattie Jones when she was unable to satisfy a debt. Appellant was sentenced to life imprisonment, which was affirmed. Commonwealth v. Holloway , 425 A.2d 741 (Pa. 1981). Appellant was denied relie f under the now

- repealed Post Conviction Hearing Act, and we affirmed. Commonwealth v. Holloway , 505 A.2d 1032 (Pa.Super. 1985) (unpublished memorandum). Appellant then filed three PCRA petitions. On appeal from the denial of the third one, we concludedJ

- S40007

- 16

- 2

-

that it was untimely. Commonwealth v. Holloway , 739 A.2d 587 (Pa.Super. 1999) (unpublished memorandum). Appellant filed the present PCRA petition on May 13, 2015. It was dismissed as untimely, and, on appeal, Appellant invokes the newly discovered facts exception to the one

- year time bar. Appellant’s brief at 4. Our “standard of review of the denial of a PCRA petition is limited to examining whether the evidence of record support s the court’s determination and whether its decision is free of legal error.” Commonwealth v. Smith , 121 A.3d 1049, 1052 (Pa.Super. 2015). A defendant’s claim falls within the newly discovered facts exception when he “can establish that the facts upon w hich his claim is predicated were unknown to him and could not have been discovered through the exercise of due diligence.” Commonwealth v. Watts , 23 A.3d 980, 984 (Pa. 2011). Herein, Appellant’s newly discovered facts are that: 1) the trial court did no t administer an oath to a witness; and 2) the trial court failed to certify transcripts. We agree with the PCRA court that Appellant failed to establish that he was duly diligent in discovering these facts regarding the state of the record, which has bee n in existence for over thirty

- seven years. We affirm based on the well

- reasoned December 1, 2015 opinion of the Honorable Jeffrey P. Minehart. Order affirmed.J

- S40007

- 16

- 3

-

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 6/8/2016
secamend2006ltincentpln.htm


    Nicor
Inc.

    Exhibit
10.03

    Form
8-K

     

    NICOR
INC.

     

    SECOND
AMENDMENT TO

     

    NICOR
INC. 2006 LONG TERM INCENTIVE PLAN

     

    This
Amendment (the “Amendment”) to the Nicor Inc. 2006 Long Term Incentive Plan is
effective as of July 23, 2009.  All capitalized terms used in this
Amendment but not defined herein shall have the meanings assigned to such terms
in the Plan (as defined below).

     

    WHEREAS,
Nicor Inc. (the “Company”) previously adopted the Nicor Inc. 2006 Long Term
Incentive Plan (the “Plan”).

     

    WHEREAS,
the compensation committee of the board of directors of the Company has been
selected as the Committee for purposes of the plan and, pursuant to Section 9 of
the Plan, may from time to time amend the provisions of the Plan;

     

    WHEREAS,
the Committee has determined that it is appropriate to amend the provisions of
the Plan as a result of the application of Section 457A of the Code to the Plan
with respect to certain Participants;

     

    NOW,
THEREFORE, the Plan is hereby amended by adding the following to Section
5.5(e)(ii):

     

     “Notwithstanding
the foregoing, if a Participant is employed by a Related Company that is a
“nonqualified entity” within the meaning of Section 457A of the Code, the
Committee may in its discretion accelerate the determination of the value and
settlement of any Performance Unit Awards prior to the end of the Performance
Period.”

     

    FURTHER, this Second Amendment to the
Plan shall be effective on the date approved by the Committee, unless otherwise
specified herein.

     

    In all
other respects the Plan, as amended by this Second Amendment shall remain in
full force and effect.

     

    IN
WITNESS WHEREOF, and as evidence of the adoption of the foregoing, the Company
has caused this Amendment to be executed by a duly authorized officer as of the
date first set forth above.

     

    


     

                        NICOR
INC.

     

    


     

                        By: /s/ CLAUDIA
COLALILLO                              

                      Claudia
Colalillo

                      Senior Vice
President Human Resources and

                      Corporate
Communications
[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Notices]
[Page 31842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13418]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Disability Compensation; Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee 
on Disability Compensation will meet on June 21-22, 2010, at the St. 
Regis Washington, DC, 923 16th and K Streets, NW., from 8:30 a.m. to 5 
p.m. each day. The meeting will be held in the Carlton Ballroom. The 
meeting is open to the public.
    The purpose of the Committee is to advise the Secretary of Veterans 
Affairs on the maintenance and periodic readjustment of the VA Schedule 
for Rating Disabilities. The Committee is to assemble and review 
relevant information relating to the nature and character of 
disabilities arising from service in the Armed Forces, provide an 
ongoing assessment of the effectiveness of the rating schedule and give 
advice on the most appropriate means of responding to the needs of 
veterans relating to disability compensation.
    On both days, the Committee will receive briefings on issues 
related to compensation for Veterans with service-connected 
disabilities and other Veteran benefits programs. Time will be 
allocated for receiving public comments on the afternoon of June 22. 
Public comments will be limited to three minutes each. Individuals 
wishing to make oral statements before the Committee will be 
accommodated on a first-come, first-served basis. Individuals who speak 
are invited to submit 1-2 page summaries of their comments at the time 
of the meeting for inclusion in the official meeting record.
    The public may submit written statements for the Committee's review 
to Ms. Ersie Farber, Designated Federal Officer, Department of Veterans 
Affairs, Veterans Benefits Administration (211A), 810 Vermont Avenue, 
NW., Washington, DC 20420. Any member of the public wishing to attend 
the meeting or seeking additional information should contact Ms. Farber 
at (202) 461-9728 or <a href="/cdn-cgi/l/email-protection#d396a1a0bab6fdb5b2a1b1b6a193a5b2fdb4bca5"><span class="__cf_email__" data-cfemail="87c2f5f4eee2a9e1e6f5e5e2f5c7f1e6a9e0e8f1">[email protected]</span></a>.

    Dated: May 28, 2010.

    By Direction of the Secretary:
Vivian Drake,
Acting Committee Management Officer.
[FR Doc. 2010-13418 Filed 6-3-10; 8:45 am]
BILLING CODE P


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</html>
**Exhibit
      32.1**




**SECTION
      906 CERTIFICATION**




I,
      Michael Brandofino, Chief Executive Officer of Glowpoint, Inc., a
      Delaware corporation (the "Company"), do hereby certify, in accordance with
      18
      U.S.C. Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that:




1)  The accompanying
      Quarterly Report on Form 10-Q of the Company for the nine and three months
      ended
      September 30, 2006 (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; 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:
                June 6, 2007/s/
              Michael BrandofinoMichael
                Brandofino
              Chief
                Executive Officer





A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 (“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 Glowpoint, Inc. and will be retained by Glowpoint, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request
H. R. 5030 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To designate the facility of the United States Postal Service located at 13500 

SW 250 Street in Princeton, Florida, as the ‘‘Corporal Christian A. Guzman 

Rivera Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CORPORAL CHRISTIAN A. GUZMAN RIVERA POST OFFICE 

BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 13500 SW 250 Street in Princeton, Florida, shall 

be known and designated as the ‘‘Corporal Christian A. Guzman 

Rivera Post Office Building’’. 

(b) REFERENCES.—Any references in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Corporal Christian A. Guzman Rivera Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.