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#### O. R. GARDNER v. A. L. MOOSE.

(Filed 19 December, 1930.)

Appeal and Error E a — Wlicre the summons and complaint do not appear in the record the appeal will be dismissed.

Case dismissed on appeal for failure to observe Rule 19(1) governing appeals, the nature of the action not appearing from the record.

Civil ACTION, before *Oglesby, J.,*at March Special Term, 1930, of OabaRRus.

Case dismissed on appeal for failure to observe Rule 19 (1) governing appeals, the nature of the action not appearing in record.

This action was begun in a court of a justice of the peace presumably to recover for property damage in an automobile collision. There was judgment for the plaintiff. Apparently, defendant set up a counterclaim and issues submitted thereon were answered in the negative.

From judgment for the plaintiff the defendant appealed.

*No counsel for plaintiff.*

*H. S. Williams for defendant.*

Pee OueiaM.

The summons and complaint do not appear in the record. Hence we are not properly informed as to the nature of the action. Therefore, in accordance with Rule 19, section 1, the appeal is dismissed. *Waters v. Waters,*199 N. C., 667; *Pruitt v. Wood,*199 N. C., 188.

Appeal dismissed.
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30286]



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


DEPARTMENT OF JUSTICE

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Realtime-Micro-PCR-Analysis System

    Notice is hereby given that, on August 21, 1995, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Realtime-Micro-PCR-Analysis 
System, a joint venture formed as a cooperative research company by the 
parties set forth in this notice (the ``Joint Venture''), has filed 
written notifications simultaneously with the Attorney General and the 
Federal Trade Commission disclosing (1) the identities of the parties 
to the Joint Venture and (2) the nature and objectives of the Joint 
Venture. The notifications were filed for the purpose of invoking the 
Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances. Pursuant to Section 6(b) 
of the Act, the identities of the parties are: Perkin Elmer Corp., 
Norwalk, CT; EG&G IC Sensors, Inc., Milpitas, CA; Cornell University 
Medical College, New York, NY; University of Minnesota, Minneapolis, 
MN; and Louisiana State University, Baton Rouge, LA. The general area 
of planned activity is to develop integrated systems for genetic 
analysis employing micromachined elements.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-30286 Filed 12-12-95; 8:45 am]
BILLING CODE 4410-01-M
EXHIBIT 31.2

         CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, A. Mark Young, certify that:

(1)      I have reviewed this annual report on Form 10-K/A of E Com Ventures,
         Inc.;
(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.


Date: May 27, 2005


By:/s/ A.MARK YOUNG
-----------------------
A. Mark Young
Chief Financial Officer

                                       15
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 21-3750

___________________________ Lonnie Smith, Jr., Individually and on behalf of all others similarly situated

lllllllllllllllllllll Plaintiff - Appellant

v. Simmons Prepared Foods, Inc. lllllllllllllllllllll Defendant - Appellee

____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith

____________ Submitted: May 19, 2022 Filed: May 24, 2022 [Unpublished]

____________ Before KELLY, ERICKSON, and GRASZ, Circuit Judges.

____________ PER CURIAM. Lonnie Smith appeals following the district court’s 1 sua sponte grant of summary judgment in his favor in his employment action. After careful review of the

1 The Honorable P.K. Holmes, III, United States District Judge for the Western District of Arkansas.record below, the parties’ submissions on appeal, and the issues properly before us,

we find no basis for reversal. Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
EXHIBIT 31.1SECTION 302 CERTIFICATIONChief Executive OfficerI, Eddie L. Steiner, certify that: 1 I have reviewed this annual report on Form 10-K of CSB Bancorp, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this annual report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: March 23, 2007                                                                              /s/ Eddie L. Steiner   Eddie L. Steiner   Chief Executive Officer  
25
#### Fabian Schwartz, Respondent, v. Benjamin T. Babbitt, Appellant.

Judgment affirmed, with costs.
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 Quarterly  Report of Thistle Group  Holdings,  Inc. (the
"Company") on Form 10-Q for the period  ending  September 30, 2002 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  we,
John F. McGill, Jr.,Chief Executive Officer, and Jerry Naessens, Chief Financial
Officer,  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 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.



/s/John F. McGill, Jr.                               /s/Jerry Naessens
--------------------------------                     --------------------------
John F. McGill, Jr.                                  Jerry Naessens
Chief Executive Officer                              Chief Financial Officer




November 14, 2002
//
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### Proposed Provision: B1.3. Progressive price indexing (40th percentile) of PIA factors beginning with individuals newly eligible for OASDI benefits in 2030: Create a new bend point at the 40th percentile of the AIME distribution of newly retired workers. Maintain current-law benefits for earners at the 40th percentile and below. Reduce the 32 and 15 percent factors above the 40th percentile such that the initial benefit for a worker with AIME equal to the taxable maximum grows by inflation rather than the growth in the SSA average wage index.
[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Page 64467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30520]



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


SMALL BUSINESS ADMINISTRATION

Providence Advisory Council Meeting; Public Meeting

    The U.S. Small Business Administration Providence District Advisory 
Council will hold a public meeting on Friday, January 5, 1996 at 8:00 
a.m. at the Providence Marriott, Charles at Orms Streets, Providence, 
Rhode Island to discuss matters as may be presented by members, staff 
of the U.S. Small Business Administration, or others present.
    For further information, write or call the office of the District 
Director, Providence District Office, U.S. Small Business 
Administration, 380 Westminster Street, Providence, Rhode Island 02903, 
(401) 528-4580.

    Dated: December 8, 1995.

Art DeCoursey,
Director, Office of Advisory Council.
[FR Doc. 95-30520 Filed 12-14-95; 8:45 am]
BILLING CODE 8025-01-P
<PAGE>   1
                                                                    EXHIBIT 11.1

                            ALLEGIANCE TELECOM, INC.

                   COMPUTATION OF PER SHARE EARNINGS (LOSS)

                       Three Months Ended March 31, 1999

               (In thousands, except share and per share amounts)

<TABLE>
<CAPTION>

                                                           Number of Shares    Percent Outstanding   Equivalent Shares
                                                           ----------------    -------------------   -----------------
<S>                                                         <C>                        <C>         <C>
1997 Common Stock Offering                                             426              100.00%                426
1998 Common Stock Offering                                      10,000,000              100.00%         10,000,000
Preferred Stock Converted to Common Stock                       40,341,128               44.44%         17,927,597
Preferred Stock Converted to Common Stock                       40,315,816               55.56%         22,399,467
1999 Employee Stock Discount Purchase Plan Shares Issued            44,624               96.67%             43,137   
                                                                                                    -------------- 
                                                                                                        50,370,627

WEIGHTED AVERAGE SHARES OUTSTANDING                                                                     50,370,627

NET LOSS APPLICABLE TO COMMON STOCK                                                                 $  (49,126,000)  

NET LOSS PER SHARE, BASIC AND DILUTED                                                               $        (0.98)
                                                                                                    ============== 
</TABLE>
**EXHIBIT 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Directors 

Genaera Corporation:

 

We consent to the incorporation by reference in theregistration statements on Form S-8 (Nos. 33-52882, 33-71984, 333-10889, 333-62073, 333-69824 and 333-121163) and registration statements on Form S-3 (Nos. 333-106678 and 333-73798) of Genaera Corporation (formerly Magainin Pharmaceuticals Inc.) ofour report dated March 15, 2005, with respect to the balance sheets of Genaera Corporation as of December 31, 2004 and 2003, and the related statements of operations, changes in stockholders’ equity and comprehensive loss and cash flows foreach of the years in the three-year period ended December 31, 2004, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2004 and the effectiveness of internal control over financialreporting as of December 31, 2004, which reports appear in the December 31, 2004 annual report on Form 10-K of Genaera Corporation. 

 

/s/ KPMG LLP 

 

Philadelphia, Pennsylvania 

March 15, 2005
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3277 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3277

  To enact the Section 401 Certification Rule, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2021

   Mrs. Capito (for herself, Mr. Inhofe, Mr. Cramer, Ms. Lummis, Mr. 
   Shelby, Mr. Boozman, Mr. Wicker, Mr. Sullivan, Ms. Ernst, and Mr. 
    Graham) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To enact the Section 401 Certification Rule, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Section 401 Certification Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) section 401 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1341) is designed to provide States and authorized 
        Indian Tribes an important tool to help protect the water 
        quality of federally regulated waters within their borders, in 
        collaboration with Federal agencies through the cooperative 
        federalism framework of that Act (33 U.S.C. 1251 et seq.);
            (2) in the years preceding the date of enactment of this 
        Act, States have denied water quality certifications under 
        section 401 of the Federal Water Pollution Control Act (33 
        U.S.C. 1341) for infrastructure projects for reasons other than 
        protecting water quality, such as downstream greenhouse gas 
        emissions;
            (3) natural gas pipelines, coal production, and electric 
        transmissions lines are vital to ensuring that the people of 
        the United States have affordable access to energy;
            (4) in October 2021, the Energy Information Administration 
        projected that nearly half of households in the United States 
        that heat primarily with natural gas will spend, on average, 30 
        percent more to heat those households as compared to the 
        previous winter;
            (5) fuel scarcity and a lack of sufficient infrastructure 
        to transport natural gas contribute to higher energy prices; 
        and
            (6) other infrastructure projects, such as road 
        construction to support interstate commerce, are in the 
        national interest and warrant regulatory certainty under 
        section 401 of the Federal Water Pollution Control Act (33 
        U.S.C. 1341).

SEC. 3. ENACTMENT OF THE SECTION 401 CERTIFICATION RULE.

    The final rule of the Environmental Protection Agency entitled 
``Clean Water Act Section 401 Certification Rule'' (85 Fed. Reg. 42210 
(July 13, 2020)) is enacted into law.
                                 <all>
```
Exhibit 10.1


 


Ecoark Holdings, Inc.


 


November 22, 2022


 


Via Email: [Todd@Bitnile.com]


BitNile Holdings Inc.


11411 Southern Highlands Pkwy, Suite 240


Las Vegas, NV, 89141


Attention: Mr. Todd Ault, Executive Chairman


 


	Re:		Series A Amendment



 


Dear Todd:


 


Confirming our recent telephone
conversation, in exchange for $100 and other good and valuable consideration including your prior agreement to cancel the Ault Lending,
LLC (“Ault Lending”) Warrant issued to it on June 8, 2022, Ecoark Holdings, Inc. agrees to amend the Series A Convertible
Redeemable Stock issued to it on June 8, 2022 by increasing the stated value by $1 million, reducing the conversion price to the lesser
of $1 or a discount of 20% to the 10-day trailing VWAP, subject to a floor of $0.25. In addition, all dividends shall only be paid in
common stock and not cash. A copy of the Third Amendment to the Certificate of Designation of Rights, Preferences and Limitations of Designation
of Rights, Preferences and Limitations of Series A Convertible Redeemable Preferred Stock is attached as Exhibit A.





Please have the manager or other
authorized person to execute this letter agreement on behalf of Ault Lending.


 


	 	Sincerely yours,
	 	 
	 	/s/ Randy S. May
	 	Randy May, CEO




 


 


We hereby agree to the foregoing:





/s/ David Katzoff


Manager
#### R. FRANK SEAY v. SENTINEL LIFE INSURANCE COMPANY.

(Filed 22 May, 1935.)

Appeal and Error J d—

Where the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal by defendant from *McHlroy, J.,*at February Term, 1935, of Guilpokd.

Civil action to recover agent’s commissions on insurance premium renewals, “paid to and accepted by tbe (defendant) company, while tbis (agency) contract is in force . . . limit 9 years.”

Tbe defendant sought to terminate its agency contract witb tbe plaintiff, prior to tbe expiration of tbe ninth renewal of some of tbe policies written by plaintiff. Tbis suit is to recover commissions on such renewals up to tbe 9th on each policy.

Judgment of nonsuit was entered in tbe municipal court of tbe city of High Point, which was reversed on appeal to tbe Superior Court of Guilford County.

*833From the ruling of the Superior Court the defendant appeals, assigning errors.

*J ones & Fisher for plaintiff.*

*Roberson, Haworth & Reese for defendant.*

Pee. CueiaM.

The Court being evenly divided in opinion, *Glarlcson, J.,*not sitting, the judgment of the Superior Court is affirmed and stands, according to the uniform practice of appellate courts, as the decision in this case, without becoming a precedent. *Com. Co. v. Mfg. Co.,*201 N. C., 823, 159 S. E., 411; *Raynor v. Ins. Co.,*193 N. C., 385, 137 S. E., 137; *Jenkins v. Lbr. Co.,*187 N. C., 864, 123 S. E., 82; *Miller v. Bank,*176 N. C., 152, 96 S. E., 977; *Durham v. R. R.,*113 N. C., 240, 18 S. E., 208.

Affirmed.
**Exhibit 32****CERTIFICATION**The undersigned certify pursuant to 18 U.S.C. § 1350, that:(1) The accompanying Quarterly Report on Form 10-QSB for the period ended March 31, 2007, fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and(2) The information contained in the accompanying Report fairly presents, in all material respects,the financial condition and results of operations of the Company.        Date:  November 14, 2007  /s/ Mark N. Schwartz   Chief Executive Officer              Date:  November 14, 2007  /s/ Mark P. O’Neill   Manager of Finance and Accounting      
21
Exhibit 31.1

CERTIFICATION

I, Clifford S. Feibus, 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 the Corporate Backed Callable Trust Certificates, J.C. Penney Debenture-Backed Series 2007-1 Trust (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, or similar, 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.

Date: April 28, 2016



|                                                              |  |                                     
|------------------------------------------------------------- |  | ------------------------------------
|By:                                                           |  | /s/ Clifford S. Feibus              
|Name:                                                         |  | Clifford S. Feibus                  
|Title:                                                        |  | Senior Vice President and Controller
|(Senior Officer in Charge of Securitization of the Depositor)