alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### MEADOWS FERTILIZER COMPANY v. FARMERS TRADING COMPANY et al.

(Filed 5 October, 1932.)

Pleadings I b — Judgment may be entered for that part of note admitted to be due without prejudice to right of plaintiff to litigate balance.

Where in an action on a note the defendants admit liability in a certain part thereof but deny liability for the balance: *Seld,*an order directing that plaintiff recover the amount admitted to be due without prejudice to plaintiff’s right to litigate the balance of the note is authorized by C. S., 865, and the order will be affirmed on defendants’ appeal therefrom.

Appeal by defendants from *Granmer, J.,*at December Term, 1931, of CRAVEN.

Civil action to recover on a promissory note of $893.65 given to tbe plaintiff by tbe defendant, Farmers Trading Company, Incorporated, and endorsed and guaranteed by tbe individual defendants, officers and stockholders of tbe defendant company.

Tbe defendants, in their answer, admit tbe execution of tbe note, but contend that they were to pay no more for tbe fertilizer purchased than tbe same grade would have cost bad it been bought from tbe Contentnea Guano Company. Under this alleged contemporaneous, oral agreement, it is asserted tbe true amount due tbe plaintiff is $192.66, and tbe defendants tender judgment for this amount, and no more.

Upon tbe pleadings it was adjudged that tbe plaintiff recover of tbe defendants tbe sum of $192.66, with interest, tbe amount admitted to be due, without prejudice to tbe plaintiff’s right to prosecute its suit on tbe balance of tbe note in controversy.

From this order, tbe defendants appeal, assigning error.

*262
      *Kenneth O. Boyall and Andrew C. McIntosh for plaintiff.*

*Connor & Hill for defendants.*

Stacy, C. J.

We are not now concerned with whether the defendants will be ¡oermitted to show upon the hearing the alleged contemporaneous oral agreement as to the price to be paid for the fertilizer. *Walker v. Venters,*148 N. C., 388, 62 S. E., 510.

The appeal presents the correctness of the order directing that plaintiff recover of the defendants the amount admitted to be due without prejudice to the plaintiff’s right to litigate the balance of the note.

The statute under which the order was made, C. S., 865, provides that when the answer “expressly, or by not denying, admits part of the plaintiff’s claim to be just, the judge, on motion, may order the defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or provisional remedy.”

In *Parker v. Bledsoe,*87 N. C., 221, on facts closely akin to those here appearing, an order was entered which directed that the plaintiff recover of the defendants the amount admitted to be due and retained the action for further hearing on the balance of plaintiff’s claim. This was the procedure followed in the instant case. The order is authorized by the statute. 34 C. J., 143.

Affirmed.
EX-34.6
(logo) KPMG

KPMG LLP
Suite 2000
355 South Grand Avenue
Los Angeles, CA 90071-1568



Report of Independent Registered Public Accounting Firm


The Board of Directors
Countrywide Bank, FSB:


We have examined management's assessment, included in the Assessment of
Compliance with Applicable Servicing Criteria, that Treasury Bank, a division
of Countrywide Bank, FSB (the Company) complied with the servicing criteria
set forth in Item 1122(d) of the Securities and Exchange Commission's
Regulation AB for publicly issued HELOC and other residential mortgage-backed
securities issued on or after January 1, 2006 (the Platform), specifically
Items 1122(d)(4)(i) and 1122(d)(4)(ii), for which the Company provides
custodial operations of pool assets and related documents, as of and for the
year ended December 31, 2007. Management has determined that all other
criteria set forth in Item 1122(d) are not applicable to the Company because
the Company does not perform activities with respect to the Platform relating
to those criteria. Schedule A to the Assessment of Compliance with Applicable
Servicing Criteria identifies the individual asset-backed transactions and
securities defined by management as constituting the Platform. Management is
responsible for the Company's compliance with those servicing criteria. Our
responsibility is to express an opinion on management's assessment about the
Company's compliance based on our examination.

Our examination was conducted in accordance with the standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
servicing criteria specified above and performing such other procedures, as we
considered necessary in the circumstances. Our examination included testing
selected asset-backed transactions and securities that comprise the Platform,
testing selected servicing activities related to the Platform, and determining
whether the Company processed those selected transactions and performed those
selected activities in compliance with the servicing criteria. Furthermore, our
procedures were limited to the selected transactions and servicing activities
performed by the Company during the period covered by this report. Our
procedures were not designed to determine whether errors may have occurred
either prior or subsequent to our tests that may have affected the balances or
amounts calculated or reported by the Company during the period covered by
this report for the selected transactions or any other transactions. We
believe that our examination provides a reasonable basis for our opinion.
Our examination does not provide a legal determination on the Company's
compliance with the servicing criteria.



(page)



In our opinion, management's assessment that the Company complied with the
aforementioned servicing criteria as of and for the year ended December 31,
2007 is fairly stated in all material respects.


/s/ KPMG LLP



Los Angeles, California
February 28, 2008



2

KPMG LLP, a U.S. limited liability partnership, is the U.S.
member firm of KPMG International, a Swiss cooperative.
EX-31 Rule 13a-14(d)/15d-14(d) Certifications

  Re: Soundview Home Loan Trust, Series 2006-EQ2
  Asset Backed Certificates, Series 2006-EQ2

  I, Scott Runkles, certify that:

  1. I have reviewed this annual report on Form 10-K/A, and all reports on
     Form 10-D required to be filed in respect of the period covered by
     this report on Form 10-K/A Soundview Home Loan Trust 2006-EQ2 (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 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 Pooling and 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/A.

     In giving the certifications above, I have reasonably relied on
     information provided to me by the following unaffiliated party:
     Ocwen Loan Servicing, LLC, as Servicer.

     Dated:    June 5, 2008

     /s/ Scott Runkles
     Signature

     Vice President
     (Senior Officer in charge of the servicing function of Wells Fargo Bank,
     N.A., in its capacity as Master Servicer)
Exhibit 35.3

[LOGO]
AVELO(R)
MORTGAGE


Avelo Mortgage, LLC

Annual Compliance Statement

1. A review has been completed of Avelo Mortgage, LLC's ("Avelo") servicing
activities and its performance under the servicing agreement during the period
from February 24, 2006 through December 31, 2006. This review was completed
under my supervision.

2. To the best of my knowledge, based on such review, Avelo has fulfilled all of
its obligations under the agreement in all material respects, except as
described in the item below:

For a period of time in 2006, bank accounts were not reconciled in strict
compliance with Section 1122(d)(2)(vii) of Reg AB which provides as follows:

      o     Reconciliations are prepared on a monthly basis for all asset-backed
            securities, related bank accounts, including custodial accounts and
            related bank clearing accounts. These reconciliations are (A)
            mathematically accurate; (B) prepared within 30 calendar days after
            the bank statement cutoff date, or such other number of days
            specified in the transaction agreements; (C) reviewed and approved
            by someone other than the person who prepared the reconciliation;
            and (D) contain explanations for reconciling items. These
            reconciling items are resolved within 90 calendar days of their
            original identification, or such other number of days specified in
            the transaction agreements.

The bank account reconciliations were current as of December 31, 2006, and no
issues were found or arose from the delay in reconciling the bank accounts.

I certify this information to be true and correct to the best of my ability.


                                        /s/ James Weston Moffett
                                        ---------------------------
                                        Name:  James Weston Moffett
                                        Title: President and CEO
                                        Date:  February 28, 2007



600 E. Las Colinas Blvd. Suite 620 Irving, TX 75039 972.910.7000 F. 972.910.7099
Exhibit 32.1



CERTIFICATION



I, Scott Elgood, Chief Executive Officer and Chief Financial Officer of Transglobal Mining Corp. certify that:



1.

I have reviewed this annual report on Form 10-KSB of Transglobal Mining Corp,



2.

Based on my knowledge, this annual 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 annual report; and



3.

Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual report.





TRANSGLOBAL MINING CORP.









Date:  December 10, 2007



/s/Scott Elgood



Scott Elgood

Chief Executive Officer and

Chief Financial Officer
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 29, 2006 Clifford W. Taylor,

 Chief Justice 

132298 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

MICHAEL SAWUKAYTIS, 

Petitioner-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132298 

 COA: 258318 

Michigan TT: 00-297800;

00-304091 

DEPARTMENT OF TREASURY,

Respondent-Appellee, 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 25, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p1218 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 29, 2006 

 Clerk
<TABLE> <S> <C>


<ARTICLE>                5
       
<S>                      <C>

      <PERIOD-TYPE>      3-MOS
      <FISCAL-YEAR-END>                 JUN-30-1999
      <PERIOD-START>                    OCT-01-1998
      <PERIOD-END>                      DEC-31-1998
      <CASH>                                 19,224
      <SECURITIES>                                0
      <RECEIVABLES>                           8,169
      <ALLOWANCES>                             (573)
      <INVENTORY>                               387
      <CURRENT-ASSETS>                       33,732
      <PP&E>                                  2,095
      <DEPRECIATION>                            331
      <TOTAL-ASSETS>                         40,842
      <CURRENT-LIABILITIES>                  14,398
      <BONDS>                                     0
      <PREFERRED-MANDATORY>                       0
      <PREFERRED>                                 0
      <COMMON>                                    8
      <OTHER-SE>                             52,284
      <TOTAL-LIABILITY-AND-EQUITY>           40,842
      <SALES>                                 3,416
      <TOTAL-REVENUES>                        7,248
      <CGS>                                     256
      <TOTAL-COSTS>                           1,428
      <OTHER-EXPENSES>                        6,127
      <LOSS-PROVISION>                            0
      <INTEREST-EXPENSE>                         60
      <INCOME-PRETAX>                          (154)
      <INCOME-TAX>                              (43)
      <INCOME-CONTINUING>                         0
      <DISCONTINUED>                              0
      <EXTRAORDINARY>                             0
      <CHANGES>                                   0
      <NET-INCOME>                             (111)
      <EPS-PRIMARY>                            (.01)
      <EPS-DILUTED>                            (.01)
              
      
</TABLE>
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

EXHIBIT C 

EXPENSE SUMMARY 

FOR THE PERIOD JANUARY 29, 2019 THROUGH MAY 31, 2019 

Expense Categories Total Expenses for the Period 

Airfare $6,933.66 

Hotel $6,952.39 

Meals $1,599.82 

Transportation $2,100.57 

Parking $272.19 

Internet Access While Traveling $49.95 

Mileage $6.38 

Expense Category Subtotal : $17,914.96 

Case: 19-30088 Doc# 4156-3 Filed: 10/07/19 Entered: 10/07/19 16:14:43 Page 1

of 1
#### Bryon Alford and others, Plaintiffs, v. Eugene Cobb, Defendant.

Motion for a new trial denied, and judgment ordered for the defendant upon the nonsuit.

Opinion by

Haight, J.
Case: 19-30088 Doc# 4149 Filed: 10/07/19 Entered: 10/07/19 10:31:14 Page 1 of

1
EXHIBIT 32.1




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-K of Lightlake Therapeutics Inc. (the “Company") for the year ended July 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Dr. Roger Crystal, as Chief Executive Officer of the Company, hereby certifies, 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 results of operations of the Company.








Date: October 29, 2012


By: /s/ Dr. Roger Crystal


Dr. Roger Crystal


Chief Executive Officer











This certification accompanies each Report pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18 of the Securities Exchange Act of 1934, as amended.





A signed original 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.
Exhibit
32.1





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 filing of China Crescent Enterprises, Inc.’s (the “Company”)
Quarterly Report on Form 10-Q for the period ending June 30, 2008 as filed with
the Securities and Exchange Commission (the “Report”), each of the undersigned,
in the capacities and on the dates indicated below, 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.





Dated:  August
14, 2008





/s/ Paul K.
Danner


Name:  Paul
K. Danner


Title:  Chief
Executive Officer





Dated:  August
14, 2008





/s/ Philip J.
Rauch


Name:  Philip
J. Rauch


Title:  Chief
Financial Officer
ex10_1.htm


     

    Exhibit
10.1

    
 


    

    


    


    June 1,
2009

    


    Amendment
to 2007-2009 Performance Share Award Agreement and 2007-2010
Performance-Adjusted Restricted Stock Unit Award Agreement

    


    Based on our
discussion on May 28, 2009 during the Executive Council meeting, I agree to
modify the terms of my 2007-2009 Performance Share Award Agreement and my
2007-2010 Performance-Adjusted Restricted Stock Unit Award Agreement provided
under the terms of the FirstEnergy Corp. 2007 Incentive Plan (the Plan). Section
18.3 of the Plan states no
termination, amendment, suspension, or modification of this Plan or an Award
Agreement shall materially and adversely affect an Award previously granted
under the this Plan without the written consent of the Participant who received
such an Award.

    


    
      	
              §  

            	
              Whereas, in
      order for the Company to align Executive Council members’ payments from
      the Long-Term Incentive Program (LTIP) with payments from the FirstEnergy
      Corp. Savings Plan (the Savings Plan) and Short-Term Incentive Program
      (STIP) for all employees, the parties agree that they desire the ability
      to adjust the payments from the LTIP for members of Executive Council
      based on actual performance results and the ability to pay the Savings
      Plan bonus match and the STIP payout to all
  employees,

            


    

    
      	
              §  

            	
              Therefore,
      effective June 1, 2009, it is agreed that if the actual amount paid for
      the Savings Plan bonus match and/or the STIP are paid at a percentage less
      than the established target, the LTIP payments for my 2007-2009
      Performance Share Award Agreement and 2007-2010 Performance-Adjusted
      Restricted Stock Unit Award Agreement will be amended to pay at a
      corresponding reduced ratio of the Savings Plan bonus match and the STIP
      payout to all employees.

            


    

    


    


    


    
      	 
    	 
    	 
    
	
              Anthony J.
      Alexander

            	 
    	
              Date

            
	
              President
      & Chief Executive Officer

            	 
    	 
    
	 
    	 
    	 
    
	 
    	 
    	 
    
	 
    	 
    	 
    
	 
    	 
    	 
    
	
              Catherine
      Rein

            	 
    	
              Date

            
	
              Compensation
      Committee, Chair
#### Gonzalo RAMIREZ-VILLA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 19771.

United States Court of Appeals Ninth Circuit.

June 29, 1965.

David C. Marcus, Los Angeles, Cal., for petitioner.

Manuel L. Real, U. S. Atty., Donald A. Fareed, Asst. U. S. Atty., Chief, Civil Sec., Dzintra I. Janavs, Asst. U. S. Atty., Los Angeles, Cal., for respondent.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

PER CURIAM.

The title of this cause is amended to read as above set out.

*986This case is governed by our decisions in Arrellano-Flores v. Hoy, 1958, 262 F.2d 667; Gutierrez v. Immigration and Naturalization Service, 1963, 323 F.2d 593; and Garcia-Gonzales v. Immigration and Naturalization Service, 1965, 344 F.2d 804. See also our decisions in Wood v. Hoy, 1959, 266 F.2d 825; Tanzer v. United States, 1960, 278 F.2d 137; Adams v. United States, 1962, 299 F.2d 327; Hernandez-Valensuela v. Rosenberg, 1962, 304 F.2d 639; Zabanazad v. Rosenberg, 1962, 306 F.2d 861.

Affirmed.
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D.C. 20549

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

                                   FORM 10-Q/A

                           AMENDMENT TO APPLICATION OR
                            REPORT FILED PURSUANT TO
                             SECTION 13 0R 15 (d) OF
                       THE SECURITIES EXCHANGE ACT OF 1934

                             SUMMIT BANCSHARES, INC.

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

                                 AMENDMENT NO. 1

Item 6. Exhibits and Reports on Form 8-K

     (a)  Exhibits

          The list of exhibits is amended to add the following:

          Exhibit No.   Exhibit
          -----------   -------

             99.1       Certification of Chief Executive Officer of
                        Summit Bancshares, Inc.

             99.2       Certification of Chief Financial Officer of
                        Summit Bancshares, Inc.

                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, this
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized to sign on behalf of the Registrant as
well as in his capacity as Chief Financial Officer.

                             SUMMIT BANCSHARES, INC.

                             By:  /s/ Bob G. Scott
                             ------------------------------------
                             Bob G. Scott
                             Executive Vice President and COO/CFO