alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CIC International, Ltd., et al., Appellants, v Citibank National Association, Respondent.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 16, 1989, denying plaintiffs’ motion to dismiss defendant’s counterclaim and granting defendant’s cross motion for a default judgment on the counterclaim, unanimously affirmed, with costs.

Plaintiffs’ action against Citibank for failure to pay on a letter of credit in connection with a sale of goods between plaintiff CIC and Citibank’s assignor is still pending in Supreme Court. When Citibank asserted its assignor’s claim for the delivery of nonconforming goods as a counterclaim, pursuant to leave of the court in an order entered on or about September 1, 1988 (Tyler, J.), plaintiffs failed to prosecute their appeal from that order or reply to the counterclaim. Thus, when plaintiffs sought to dismiss the counterclaim on *244various grounds, none of which had merit, the court committed no error in granting Citibank’s cross motion for a default judgment.

We reject the arguments made by plaintiffs on appeal with respect to the sufficiency of the counterclaim pleading to the extent these arguments were preserved for review. The counterclaim gave sufficient notice of the transaction out of which it arose (CPLR 3013); the counterclaim did not constitute a claim against CIC as a mere "nominal plaintiff”, since CIC allegedly delivered nonconforming goods (CPLR 3019 [c]), and any ambiguity with respect to the demand for relief may be resolved upon the assessment of damages, as directed by the order appealed from. Plaintiffs’ argument based upon champerty (Judiciary Law § 489) is without merit since Citibank is a " 'moneyed corporation’ ” exempt therefrom. *(Flushing Sav. Bank v R. G. R. Assocs.,*76 AD2d 893, 894.) Plaintiffs’ remaining arguments have been considered and found meritless. Concur—Kupferman, J. P., Sullivan, Asch, Wallach and Smith, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>


<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          45,333
<SECURITIES>                                    24,722
<RECEIVABLES>                                   31,324
<ALLOWANCES>                                     2,506
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         650,734
<DEPRECIATION>                                 109,363
<TOTAL-ASSETS>                                 939,418
<CURRENT-LIABILITIES>                          122,117
<BONDS>                                        521,873
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            26
<OTHER-SE>                                     280,519
<TOTAL-LIABILITY-AND-EQUITY>                   939,418
<SALES>                                        147,148
<TOTAL-REVENUES>                               147,148
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                65,667
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              39,485
<INCOME-PRETAX>                                 41,996
<INCOME-TAX>                                     7,800
<INCOME-CONTINUING>                             34,196
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    34,196
<EPS-PRIMARY>                                     1.24
<EPS-DILUTED>                                     1.16



</TABLE>
[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Page 18398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10195]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Environmental Health Sciences; Notice of 
Meeting of National Advisory Environmental Health Sciences Council

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the National Advisory Environmental Health Sciences Council, 
May 20-21, 1996, Building 101 Conference Room, South Campus, Research 
Triangle Park, North Carolina.
    This meeting will be open to the public on May 20 from 8:30 a.m. to 
approximately 3:30 p.m. for the report of the Director, NIEHS, and for 
discussion of the NIEHS budget, program policies and issues, recent 
legislation, and other items of interest. Attendance by the public will 
be limited to space available.
    In accordance with the provisions set forth in sections 552b(c)(4) 
and 552b(c)(6), Title 5, U.S.C. and section 10(d) of Public Law 92-463, 
the meeting will be closed to the public on May 20 from approximately 
3:30 p.m. to recess and from 9 a.m. to adjournment on May 21, for the 
review, discussion and evaluation of individual grant applications. 
These applications and the discussions could reveal confidential trade 
secrets or commercial property such as patentable material, and 
personal information concerning individuals associated with the 
applicants, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.
    Individuals who plan to attend and need special assistance, such as 
sign language interpretation or other reasonable accommodations, should 
contact the Executive Secretary in advance of the meeting.
    Dr. Anne Sassaman, Director, Division of Extramural Research and 
Training, & Executive Secretary, National Advisory Environmental Health 
Sciences Council, NIEHS, P.O. Box 12233, Research Triangle Park, North 
Carolina 27709, (919) 541-7723, will furnish substantive program 
information.

(Catalog of Federal Domestic Assistance Program Nos. 93.113, 
Biological Response to Environmental Agents; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation; 93.894, Resource and Manpower Development, National 
Institute of Health)

    Dated: April 22, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-10195 Filed 4-24-96; 8:45 am]
BILLING CODE 4140-01-M
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 21, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51500

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

RICHARD BANDA, JR

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:05-CR-45-1

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Richard Banda, Jr., has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967). Banda has not filed a response. Our independent review

of the record and counsel’s brief discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is
No. 05-51500

2

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2295

Quest Technologies dba Crystal Quest:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
riLLfj IN TMf CjUf-.- cr A-f A i 1A N /\N i L Si . f L • 2017NOV-1 PHI):03

Cause No.04-17-00477- CV 

### Fourth Court of Appeals San Antonio,Texas 

### Christopher Olivarri & Maria Olivarri Appellant Vs. 

### Ray Jesse Olivarri Jr. Appellee

Response to Appellee's Brief 

## Filed October 30^ 2017 Christopher Olivarri Maria Olivarri 523 Cosgrove Street San Antonio,Texas 78210 210-906-6288 Email: olivari@swbell.net Pro Se
<Page>

                                                                   EXHIBIT 32.02

                           SECTION 1350 CERTIFICATION

In connection with this quarterly report of ML Cornerstone FuturesAccess LLC
(the "Company") on Form 10-Q for the period ended September 30, 2005 as filed
with the Securities Exchange Commission on the date hereof (this "Report"), I,
Michael L. Pungello, Chief Financial Officer and Treasurer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the
Sarbanes-Oxley Act of 2002, that:

1. This 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 this Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: November 14, 2005
-----------------------

By /s/ MICHAEL L. PUNGELLO
   -----------------------
Michael L. Pungello
Vice President, Chief Financial Officer
and Treasurer
(Principal Financial and Accounting Officer)
#### John PARSONS, Appellant, v. TRIMCO CABINETS, INC., Respondent.

No. WD 48975.

Missouri Court of Appeals, Western District.

July 5, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Aug. 30, 1994.

Arthur J. Kase, Julie L. Prewitt, Kansas City, for appellant.

Jeff F. Stigall, Jeanne C. Haas, Kansas City, for respondent.

Before LOWENSTEIN, P.J., and BERREY and SPINDEN, JJ.

*ORDER*

PER CURIAM.

Appeal from denial of Workers’ Compensation benefits.

Affirmed. Rule 84.16(b).
EXHIBIT 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statements on Forms S-8 (File Nos. 333-06275,
333-66831, 333-79047, 333-58264 and 333-110326) of Anika Therapeutics, Inc., of our report dated February 20,2003 relating to the
financial statements, which appears in this Form 10-K. s

|                                     |  | /s/PRICEWATERHOUSECOOPERS LLP
|------------------------------------ |  | -----------------------------
|Boston, Massachusetts
March 29, 2004 |  |                              

---

QuickLinks
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Page 30073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11739]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #16993 and #16994; Texas Disaster Number TX-
00599]


Administrative Declaration of a Disaster for the State of Texas

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of Texas dated 05/27/2021.
    Incident: Severe Storms and Tornadoes.
    Incident Period: 03/27/2021.

DATES: Issued on 05/27/2021.
    Physical Loan Application Deadline Date: 07/26/2021.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/28/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Panola.
Contiguous Counties/Parishes:
    Texas: Harrison, Rusk, Shelby.
    Louisiana: Caddo, De Soto.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Homeowners with Credit Available Elsewhere.................      2.500
  Homeowners without Credit Available Elsewhere..............      1.250
  Businesses with Credit Available Elsewhere.................      6.000
  Businesses without Credit Available Elsewhere..............      3.000
  Non-Profit Organizations with Credit Available Elsewhere...      2.000
  Non-Profit Organizations without Credit Available Elsewhere      2.000
For Economic Injury:
  Businesses & Small Agricultural Cooperatives without Credit      3.000
   Available Elsewhere.......................................
  Non-Profit Organizations without Credit Available Elsewhere      2.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 16993 B 
and for economic injury is 16994 0.
    The States which received an EIDL Declaration # are Texas, 
Louisiana.

(Catalog of Federal Domestic Assistance Number 59008)

Isabella Guzman,
Administrator.
[FR Doc. 2021-11739 Filed 6-3-21; 8:45 am]
BILLING CODE 8026-03-P
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4822

Scosche Industries, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXHIBIT 32

CERTIFICATION

Pursuant to 18 U.S.C. 1350 as adopted by Section 906 of the Sarbanes-Oxley Act
of 2002

Each of the undersigned, W. Bruce Johnson, Interim Chief Executive Officer and President of Sears Holdings Corporation (the
Company) and J. Miles Reidy, Executive Vice President and Chief Financial Officer of the Company, has executed this certification in connection with the filing with the Securities and Exchange Commission of the Companys Quarterly
Report on Form 10-Q for the fiscal quarter ended November 1, 2008 (the Report).

Each of the undersigned hereby certifies
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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

December 2, 2008



|                                                    
|----------------------------------------------------
|/s/ W. Bruce Johnson                                
|W. Bruce Johnson                                    
|Interim Chief Executive Officer and President       
|                                                    
|/s/ J. Miles Reidy                                  
|J. Miles Reidy                                      
|Executive Vice President and Chief Financial Officer
<PAGE>


                                POWER OF ATTORNEY

              KNOW ALL PERSONS BY THESE PRESENTS: That each of the undersigned
directors of Premcor USA Inc., a Delaware corporation ("USA"), hereby
constitutes and appoints William E. Hantke and Jeffry N. Quinn, and each of
them, his true and lawful attorneys-in-fact and agents, with full power to act
without the others, to sign USA's Annual Report on Form 10-K for the year ended
December 31, 2001, to be filed with the Securities and Exchange Commission under
the provisions of the Securities Exchange Act of 1934, as amended; to file such
Annual Report and the exhibits thereto and any and all other documents in
connection therewith, including without limitation amendments thereto, with the
Securities and Exchange Commission; and to do and perform any and all other acts
and things requisite and necessary to be done in connection with the foregoing
as fully as he might or could do in person, hereby ratifying and confirming all
that said attorneys-in-fact and agents may lawfully do or cause to be done by
virtue hereof.

<TABLE>
<CAPTION>
             Signature                             Title                            Date
             ---------                             -----                            ----
<S>                            <C>                                             <C>
/s/ Thomas D. O'Malley         President, Chief Executive Officer, Chief       March 28, 2002
----------------------         Operating Officer and Chairman of the Board
Thomas D. O'Malley             (principal executive officer)

/s/ Marshall A. Cohen          Director                                        March 28, 2002
----------------------
Marshall A. Cohen


/s/ Richard C. Lappin          Director                                        March 28, 2002
----------------------
Richard C. Lappin


/s/ David I. Foley             Director                                        March 28, 2002
----------------------
David I. Foley


/s/ Robert L. Friedman         Director                                        March 28, 2002
----------------------
Robert L. Friedman


/s/ Jefferson F. Allen         Director                                        March 28, 2002
----------------------
Jefferson F. Allen


                               Director                                        March 28, 2002
----------------------
Wilkes McClave III
</TABLE>
EXHIBIT 21

                           Subsidiaries of the Company

<TABLE>
<CAPTION>
Directly Held By                          Jurisdiction
  Subsidiary                            of Incorporation            and Wholly Owned By
  ----------                            ----------------            -------------------
<S>                                     <C>                         <C>
PSI Holding, Corp.                          Delaware                NFO Research, Inc.

Payment Systems, Inc.                       Florida                 PSI Holding Corp.

The SPECTREM Group, Inc.                    Delaware                Payment Systems, Inc.

Migliara/Kaplan Associates, Inc.            Delaware                NFO Research, Inc.

Chesapeake Surveys, Inc.                    Delaware                Migliara/Kaplan
                                                                    Associates, Inc.

Plog Research, Inc.                         Delaware                NFO Research, Inc.

Advanced Marketing Solutions
  Corp.                                     Delaware                NFO Research, Inc.

NFO International, Inc.                     Delaware                NFO Research, Inc.

NFO Europe, Inc.                            Delaware                NFO International, Inc.

NFO France, Inc.                            Delaware                NFO Europe, Inc.

NFO APLT, Inc.                              Delaware                NFO Europe, Inc.

NFO Germany, Inc.                           Delaware                NFO Europe, Inc.

NFO U.K., Inc.                              Delaware                NFO Europe, Inc.

Payment Systems International
Limited                                     United Kingdom          NFO U.K., Inc.
</TABLE>
**Exhibit 13**

 

----

In connection with the Annual Report of Avecia Group plc (the “Company”) on Form 20-F for the period ending December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

|        | 1.     | The Report fully complies with the requirements of Section 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: May 14, 2004 | By: ______________________ |
|               |                       |  Jeremy P. Scudamore |
|               |                       | Chief Executive Officer   |
|               |                       |                      |
| Date: May 14, 2004 | By: ______________________ |
|               |                       | Derrick A. Nicholson      |
|               |                       | Chief Financial Officer   |

A signed original of this written statement required by Section 906 has been  provided to Avecia Group plc and will be retained by Avecia Group plc and furnishedto the Securities and Exchange Commission or its staff upon request.

----