alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### National Surety Corporation, Plaintiff, *v.*Federal Reserve Bank of New York, Defendant, and First National Bank of Boston, Impleaded Defendant.

Supreme Court, New York County,

August 31, 1936.

*Leo T. Kissam [Leo T. Kissam*and *Charles E. Powers*of counsel], for the plaintiff.

*Bigham, Englar, Jones & Houston [G. Arthur Blanchet*of counsel], for the impleaded defendant.

Steuer, J.

In this action the First National Bank of Boston was allowed to implead as a defendant by stipulation. It now wishes to assert a claim over against the plaintiff. It acknowledges that this cannot be done under the existing status of the parties to the action. It, therefore, seeks to join plaintiff as a defendant in the action. For several reasons this procedure cannot be allowed. Primarily, one already a party to an action cannot be again joined as a party. Secondly, in the view of the court and in accordance with the motion decided herewith (161 Misc. 304), the claim does not state a cause of action. . Lastly, the anomalous situation complained of by the moving party is soluble by another method. The impleaded defendant may start an action against the plaintiff and then apply either to have the actions consolidated or tried together. Motion denied.
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 14 - 00004 - CR

MICKY DAWN WADE APPELLANT
V. THE STATE OF TEXAS STATE

---------- FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY

---------- 

### MEMORANDUM OPINION 1

---------- On August 7 , 2003, Appellant Micky Dawn Wade pled guilty pursuant to a plea bargain to indecency with a child , and the trial court sentenced him to twelve
years ’ confinement. Appellant filed a notice of appeal on January 6, 2014, seeking an out

- of

- time appeal.

1 See Tex. R. App. P. 47.4.2 Becau se of our concern that we have no jurisdiction over this appeal, we informed Appellant by letter on January 15, 2014, that this appeal could be dismissed unless he or any party filed a response showing grounds for continuing the appe al. Appellant filed a response, but it does not show grounds for continuing the appeal. Appellant ’ s sentence was imposed on August 7, 2003. No motion for new trial was filed, so appellant ’ s notice of appeal was due September 8, 2003, but was not filed until January 6, 2014. 2 His notice of appeal was therefore filed untimely. A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. 3 The Texas Court of Criminal Appeals has expressly held that, without a timely filed no tice of appeal or motion for extension of time, this court cannot exercise jurisdiction over an appeal. 4 Only the Texas Court of Criminal Appeals may grant Appellant an out

- of

- time appeal. 5

2 See Tex. R. App. P. 26.2(a)(1).

3 See Tex. R. App. P. 25.2(b), 26.2(a)( 1 ); Castillo v. State , 369 S.W.3d 196, 198 (Tex. Crim. App. 2012)

. 4 Castillo , 369 S.W.3d at 198 ; Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

5 See Heffel v. State , No. 02

- 12

- 00412

- CR, 2012 WL 6196896, at *1 ( Tex. App.

— Fort Worth Dec. 13, 2012, no pet.) (mem. op., not designated for publication) ; s ee Tex. Code Crim. Proc. Ann. art. 11.07 ( West Supp. 20 13 ); Olivo , 918 S.W.2d at 525 n.8

.3 Accordingly, we dismiss this appeal for want of jurisdiction.

PE R CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b)
DELIVERED: May 15, 2014
#### CARL F. SPAUGH, JR., and wife, BETTY JO SPAUGH v. CITY OF WINSTON-SALEM.

(Filed 29 October, 1958.)

Appeal by plaintiffs from *Sharp, S. J.,*at June 16, 1958, Civil Term of Forsyth.

Civil action to recover for damage to home place of plaintiffs by reason of alleged pollution of air from the city’s disposal plant.

Defendant, answering complaint of plaintiffs, denies liability and pleads statute of limitations.

Upon trial in Superior Court, on evidence offered by the respective parties, the case was submitted to the jury upon these issues, the first two of which the jury answered as indicated:

“1. Is the plaintiffs’ cause of action barred by the 3-year statute of limitations, as alleged in the answer? Answer: Yes, except from June 19, 1954.

“2. Has the defendant damaged the home of the plaintiff by operation and maintenance of its sewer system? Answer: No.

“3. What amount, if any, is the defendant indebted to the plaintiffs because of temporary damages to plaintiffs’ home from June 19, 1954 through June 19, 1958? Answer .”

And, pursuant to the verdict so rendered, the trial court entered judgment that plaintiffs recover nothing of the defendant and that plaintiffs be taxed with the costs. Plaintiffs except thereto and appeal to Supreme Court, and assign error.

*Deal, Hutchins & Minor for plaintiff, appellants.*

*Womble, Carlyle, Sandridge & Rice, Henry G. Barnhill, Jr., for defendant, appellee.*

Per Curiam.

The assignments of error brought up on this appeal relate only to the exclusion of testimony of male plaintiff, and of his father pertaining to matters not relevant and material to the issues raised by the pleadings. In them prejudicial error is not made to appear. Hence in the judgment below there is

No Error.

Parker, J., not sitting.
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



In connection with the Unizan Financial Corp.s (the Company) Quarterly
Report on Form 10-Q for the period ending September 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James J. Pennetti, 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, 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: November 12, 2003 |  |  |  | /s/ James J. Pennetti                                                 
|----------------------- |  |  |  | ----------------------------------------------------------------------
|                        |  |  | 
|                        |  |  |  | James J. Pennetti Executive Vice President and Chief Financial Officer
#### Charles A. Clegg v. The New York Newspaper Union.

Order sent back to the justice making the same for resettlement. Opinion

*Per Curiam.*
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I 

113TH CONGRESS 

2D SESSION H. R. 5329 

To amend the Endangered Species Act of 1973 to require establishment 

of objective numerical recovery goals for removal of species from lists 

of endangered species and threatened species under that Act, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mr. CONAWAY (for himself, Mr. LUCAS, Mr. RIBBLE, Mr. NEUGEBAUER, Mr. 

THOMPSON of Pennsylvania, Mr. THORNBERRY, Mr. PEARCE, and Mr. 

CRAWFORD) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to require 

establishment of objective numerical recovery goals for 

removal of species from lists of endangered species and 

threatened species under that Act, and for other purposes. 

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 ‘‘Accountable Recovery 

5 Act’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 5329 IH

1 SEC. 2. OBJECTIVE NUMERICAL GOALS FOR REMOVAL OF 

2 SPECIES FROM LISTS OF ENDANGERED SPE3 CIES AND THREATENED SPECIES. 

4 Section 4(f) of the Endangered Species Act of 1973 

5 (16 U.S.C. 1533(f)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘develop and’’ and inserting ‘‘, 

9 at the time of a determination in accordance 

10 with subsection (a), develop, make publicly 

11 available, and propose to’’; and 

12 (B) in subparagraph (B)(ii), by inserting 

13 ‘‘, including objective numerical recovery goals,’’ 

14 after ‘‘criteria’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(5)(A) Before the end of the 30-day period begin17 ning on the date the Secretary receives a petition from 

18 a State in which is located a species included in a list 

19 under subsection (c), or from any other interested State 

20 or other person, that objective numerical recovery goals 

21 required for the species under subsection (f)(1)(B)(ii) have 

22 been achieved, the Secretary may determine that the peti23 tion does not present such substantial information, or that 

24 such goals have not been achieved, and publish the reasons 

25 for such determination. 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 5329 IH

1 ‘‘(B) A species that is the subject of a petition re2 ferred to in subparagraph (A) is deemed to have been re3 moved from the lists published under subsection (c) upon 

4 the end of such 30-day period if the Secretary has not 

5 issued a determination under subparagraph (A).’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
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 of China Multimedia, Inc. (the "Company") on Form 10-KSB for the period ended September 30, 2007 (the "Report"), I, Wilson Cheung, 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 requirement 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 Company's financial position and results of operations.  /s/Wilson CheungWilson Cheung, Chief Financial Officer December 31,  2007
Exhibit 10.20


 






  




PURPLE HAZE PROPERTIES CANNABIS PRODUCTS


LICENSE AGREEMENT ADDENDUM







THIS LICENSE AGREEMENT ADDENDUM (hereinafter, this “Agreement”) is made and entered into effective as of March 7, 2016 (hereinafter, the “Effective Date”), by and between Purple Haze Properties LLC, a Nevada Limited Liability Company (hereinafter, “Licensor”), and Nutritional High a Canadian Company, (hereinafter, “Licensee”), (each individually a “Party” and collectively the “Parties.”)







RECITALS







(A) The parties entered into a Licensing Agreement for Jimi’s Cannabis Collection and related Intellectual Property in June of 2015, and under that agreement certain fees and advances totaling $250,000 in Nutritional High Stock were to be paid annually.







(B) The parties now wish to amend their agreement to allow for the 2016 payment of Nutritional high stock to occur now, based on an agreed rate of $.05 cents per share.







NOW, THEREFORE, for and in consideration of the promises and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, as set forth herein, Licensor and Licensee agree as follows:







1. Issuance of Stock Now.







(A) Licensee agrees to issue its 2016 Licenses Agreement obligation of Two Hundred and Fifty Thousand ($250,000) of Nutritional High Stock as of the date of this Agreement, or as soon as practical thereafter, at the rate of $.05 per share. Thus five million (5,000,000) shares shall be issued under this addendum.







(B) Licensor agrees to accept this early issuance at the stated rate and agrees that upon said issuance Licensee will be in full compliance with all payment terms within the Licensing Agreement through June of 2017.







(C) The parties hereby agree that the Licensing Agreement of June 2015 is hereby amended to reflect the above, and all other provisions and requirements remain in full force and effect.












[SIGNATURE PAGE TO FOLLOW]











 


IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement as of the Effective Date.








	
 

	


LICENSEE:


NUTRITIONAL HIGH INTERNATIONAL INC.


 








By:              /"Signed"/ David Posner                        


Name: David Posner




Title: CEO




	
 

	
 


	
 

	

LICENSOR:


PURPLE HAZE PROPERTIES, LLC


 








By:             /"Signed"/ Andrew Pitsicalis                    


ANDREW PITSICALIS, CEO - President
Exhibit 10.19


 


GOLFSMITH INTERNATIONAL HOLDINGS, INC. 

NON-EMPLOYEE DIRECTOR COMPENSATION PLAN


 


May 21, 2009


 


Annual Retainers


 


Except
as otherwise provided herein, Golfsmith International Holdings, Inc. (the “Company”)
shall pay non-employee directors (for the purpose of this Non-Employee
Directors Compensation Plan, “Non-Employee
Directors” shall mean those individuals who are neither employees of
the Company nor First Atlantic Capital, Ltd.) the following annual retainers in
equal quarterly amounts.


 


	
  Director

  	
   

  	
  $

  	
  76,000

  	
   

  
	
  Audit Committee Chairperson

  	
   

  	
  $

  	
  15,000

  	
   

  
	
  Compensation Committee Chairperson

  	
   

  	
  $

  	
  5,000

  	
   

  
	
  Nominating Committee Chairperson

  	
   

  	
  $

  	
  5,000

  	
   

  



 


Meeting and Other Fees


 


	
  Board of Directors meeting

  	
   

  	
  $

  	
  1,500

  	
   

  
	
  Committee meeting

  	
   

  	
  $

  	
  1,000

  	
   

  
	
  Other meetings or Board service (as approved by
  the Chairman of the Board)

  	
   

  	
  $

  	
  1,000

  	
   

  



 


Deferred Stock Units


 


Annual DSU Grant: The Company shall grant each Non-Employee
Director, at the Annual Shareholder’s Meeting or as soon as permitted by
applicable insider trading policies, fifteen thousand (15,000) deferred stock
units (“DSUs”) each equal to one share of the common stock. DSUs will be
payable and exercisable by directors only upon termination from Board Service.


 


Expense Reimbursement


 


The
Company shall reimburse Non-Employee Directors for their out-of-pocket travel
and related expenses incurred in attending all Board and committee meetings and
other Board service.


 


Fees Pro-rated Based Upon Annual Shareholder’s Meeting


 


Director
appointments shall generally be completed at the Annual Shareholder’s Meeting
(each, an “ASM”). To the extent a director is nominated at a time other than
the ASM, any DSU and Annual Retainer payment will be prorated from the most
recent applicable ASM.
I 

113TH CONGRESS 

2D SESSION H. R. 5508 

To amend the Internal Revenue Code of 1986 to eliminate the marriage 

penalty in the dollar limitation on the student loan interest deduction. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2014 

Mr. POCAN (for himself, Mrs. DAVIS of California, and Mr. MORAN) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to eliminate 

the marriage penalty in the dollar limitation on the student loan interest deduction. 

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 ‘‘Student Loan Interest 

5 Deduction Fairness Act’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5508 IH

1 SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN DOLLAR 

2 LIMITATION ON THE STUDENT LOAN INTER3 EST DEDUCTION. 

4 (a) IN GENERAL.—Section 221(b)(1) of the Internal 

5 Revenue Code of 1986 is amended by striking ‘‘shall not 

6 exceed’’ and all that follows and inserting ‘‘shall not ex7 ceed $2,500 (twice such amount in the case of a joint re8 turn)’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning after 

11 the date of the enactment of this Act. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Carreker Corporation (the Company) on Form 10-Qfor the quarter ending October 31, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, John D. Carreker, Jr.,Chief Executive Officer of the Company, certify, 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 therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/    | JOHN D. CARREKER, JR.                                |   |
|--------|------------------------------------------------------|--------|
|   | John D. Carreker, Jr.,  Chief Executive Officer |
|   |                                                 |
|   |                                                 |
| Date:  | December 7,  2005                               |   |
|        |                                                      |        |  |  |

 

1

----
EXHIBIT B

Case: 19-30088 Doc# 4630-2 Filed: 11/08/19 Entered: 11/08/19 15:41:24 Page 1

of 2
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I I 

CALIFORNIA DEPARTMENT OF INSURANCE 

INSURED LOSSES FROM THE 2018 CALIFORNIA WILDFIRES 

County 

Total 

Number 

of Claims 

GRAND TOTAL 

Number of 

Claims Direct 

Resulting in Incurred 

Total Loss Losses 

RESIDENTIAL PERSONAL PROPERTY 

Number of 

Total Claims Direct 

Number Resulting in Incurred 

of Claims Total Loss Losses 

COMMERCIAL PROPERTY 

Number of 

Total Claims Direct 

Number Resulting in Incurred 

of Claims Total Loss Losses 

ALL OTHER LINES AND 

AUTO 

Total Direct 

Number Incurred 

of Claims Losses 

July 2018 Wildfires 

SUBTOTAL 10,322 1,026 $ 980,758,847 8,888 1,015 $ 910,201,852 488 11 $ 45,070,545 946 $ 25,486,450 

SHASTA 

TRINITY 

OTHER 

6,690 

156 

730 

928 $ 892,553,941 

5 $ 789,872 

14 $ 8,910,683 

5,798 920 $ 850,497,135 

151 5 $ 666,638 

629 13 $ 3,865,926 

232 8 $ 23,045,598 

3 - $ 108,283 

33 1 $ 3,865,085 

660 $ 19,011,208 

2 $ 14,951 

68 $ 1,179,671 

COLUSA 

LAKE 

MENDOCINO 

OTHER 

17 

1,813 

61 

855 

2 $ 707,700 

62 $ 58,181,423 

8 $ 5,546,984 

7 $ 14,068,245 

6 2 $ 104,227 

1,557 62 $ 45,011,003 

27 6 $ 2,388,282 

720 7 $ 7,668,639 

2 - $ 493,679 

160 - $ 9,551,643 

18 2 $ 2,735,036 

40 - $ 5,271,222 

9 $ 109,794 

96 $ 3,618,777 

16 $ 423,666 

95 $ 1,128,384 

November 2018 Wildfires 

SUBTOTAL 48,001 13,449 $ 12,043,834,734 33,992 12,962 $ 10,500,979,373 2,707 487 $1,317,134,956 11,302 $ 225,720,405 

BUTTE 

OTHER 

28,118 

2,157 

12,047 $ 8,473,363,059 

49 $ 168,737,571 

18,533 11,646 $ 7,439,591,231 

566 47 $ 34,791,060 

1,322 401 $ 903,772,159 

108 2 $ 110,425,705 

8,263 $ 129,999,668 

1,483 $ 23,520,806 

LOS ANGELES 

VENTURA 

OTHER 

12,025 

4,551 

1,150 

1,193 $ 2,932,132,215 

148 $ 387,897,062 

12 $ 81,704,826 

10,024 1,125 $ 2,659,114,911 

4,091 135 $ 344,779,079 

778 9 $ 22,703,092 

913 68 $ 236,192,833 

290 13 $ 37,852,729 

74 3 $ 28,891,530 

1,088 $ 36,824,472 

170 $ 5,265,255 

298 $ 30,110,204 

GRAND TOTAL 58,323 14,475 $ 13,024,593,581 42,880 13,977 $ 11,411,181,225 3,195 498 $1,362,205,501 12,248 $ 251,206,855 

RESIDENTIAL PERSONAL PROPERTY 

-Homeowners; Condominium Unit Owners; Mobile Home; Tenants/Renters; Dwelling Fire and 

Allied Lines; and Lender/Force-Placed and Real Estate Owned (REO) 

OTHER LINES - All other Commercial 

-Non-residential exposures (Ocean Marine, Inland Marine, Aircraft, Boiler and Machinery, etc.) 

COMMERCIAL PROPERTY 

Commercial Residential: 

-Apartment and Condominium Buildings; Condominium Association; and Homeowners Association 

Commercial Non-Residential: 

-Commercial Multi-Peril; Fire and Allied Lines; and All other Commercial Property policies not specified above 

Case: 19-30088 Doc# 4630-2 Filed: 11/08/19 Entered: 11/08/19 15:41:24 Page 2 Release Date: April 30, 2019 

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