alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-8-1999

Corestates Bank v. Huls America Inc

Precedential or Non-Precedential:

Docket 97-1784

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Corestates Bank v. Huls America Inc" (1999). 1999 Decisions. Paper 151.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/151
 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 No. 97-1784 

 Corestates Bank v. Huls America, Inc.

 The following modifications have been made to the Court's 

Opinion issued on May 11, 1999 , to the above-entitled appeal 

and will appear as part of the final version of the opinion: 

 

 1. On page 8, first full paragraph, line 11, the word 

Assn. should be changed to Ass'n. 

 2. On page 13, in footnote 11, line 6, add after the first 

use of the words "Title 11" the following: 

 [The Bankruptcy Title], and delete the comma that 

follows "Title 11"; and delete the words (emphasis and). 

 3. On page 18, line 14, add a hyphen between the words non 

and core, (to read "non-core"). 

 4. On page 21, first full paragraph, line 9, delete the 

word "the" before the word "many." 

 5. On page 23, first paragraph, line 15, after the word 

"provide" add the words "a more" and delete the "an" before the 

word "appropriate." 

 Very truly yours, 

 /s/ P. Douglas Sisk, 

 Clerk 

Dated: June 8, 1999
#### Michael Allan DUNN, Plaintiff-Appellant, v. James NOE; et al., Defendants-Appellees.

No. 02-16849.

D.C. No. CV-02-00043-MJJ.

United States Court of Appeals, Ninth Circuit.

*945Submitted March 10, 2003.*

Decided March 19, 2003.

Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Michael Allan Dunn appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging defendants improperly seized materials from Dunn’s property without a hearing in 1993. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Johnson v. California,*207 F.3d 650, 653 (9th Cir.2000) (per curiam), and we affirm.

The district court properly dismissed Dunn’s action as time-barred because all of the allegations stem from incidents occuring on or about March 12, 1993, and Dunn did not file his complaint until January 3, 2002. *See id.;*Cal. Civ. Pro.Code § 352.1.

Dunn’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
**ANNUAL
      CERTIFICATION**





Re:
            Morgan
                Stanley Mortgage Loan Trust 2006-4SL (the "Trust"), issued pursuant
                to the
                Servicing Agreement, dated as of March 30, 2006 (the "Agreement"),
                by and
                among Morgan Stanley Mortgage Capital I. Inc, as depositor (the
                "Depositor"), LaSalle Bank National Association, as trustee (the
                "Trustee"), GMAC Mortgage Corporation, as interim servicer (the "Interim
                Servicer"), and Barclays Capital Real Estate Inc. d/b/a HomEq Servicing,
                as servicer (the "Servicer")




On
      November 1, 2006, substantially all of the servicing assets of Servicer were
      acquired by Barclays Capital Real Estate Inc. d/b/a HomEq Servicing. I, Arthur
      Q. Lyon, Vice President and Chief Executive Officer of the HomEq Servicing
      Division of Barclays Capital Real Estate Inc. d/b/a HomEq Servicing, hereby
      certify to the Depositor and the Trustee and their officers, directors, and
      affiliates, pursuant to Section 3.22 of the Pooling and Servicing Agreement,
      that:





A
      review
      of the activities of the Servicer during the period of November 1, 2006 to
      December 31, 2006, or the applicable portion thereof, and, to the best of my
      knowledge, based on such review, the Servicer has fulfilled all of its
      obligations under the Pooling and Servicing Agreement in all material respects
      for the period of November 1, 2006 to December 31, 2006.








Date:
      March 7, 2007








/s/
      Arthur Q. Lyon


Arthur
      Q.
      Lyon


Vice
      President and CEO


HomEq
      Servicing Division





Morgan
      Stanley Officer's Certificate


MSM
      2006-4SL
#### Thomas M. Williams, Appellant, v. William S. Pilling and Theron I. Crane, Individually and as Copartners, Doing Business Together under the Firm Name of Pilling & Crane, Respondents.

Interlocutory judgment unanimously affirmed, with costs.
Exhibit
32.2


CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER
 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 amended Annual Report of Arotech Corporation (the “Company”)
on Form 10-K for the year ended December 31, 2007 filed with the Securities and
Exchange Commission (the “Report”), I, Thomas J. Paup, Vice
President – Finance and Chief Financial Officer
  
  By:     /s/ Thomas J.
Paup
 Thomas J.
Paup
 Vice President – Finance and Chief
Financial
Officer
 (Chief Financial
Officer)
 
 Date:     April
28, 2008
<PAGE>   1

                                                                   Exhibit 10(G)

                                  INTEGRA LOGO

March 26, 2001


Mr. Charles Henri-Weil
8/Rue Cortambert
Paris, France  75116

RE:  LOAN COMMITMENT TO INTEGRA, INC.

Dear Charles:

The purpose of this letter is to confirm our discussion with respect to your
commitment to provide to Integra, Inc. (the "Company") cash advances up to $1
million.

Requests for funding will be based upon a determination of the Board of
Directors of the Company with respect to the need for operating capital for the
Company under the following conditions:

         -    Up to $500,000 for general working capital needs; and

         -    Up to $500,000 to be used by the Company to satisfy obligations
              which occur with respect to restructuring charges or long-term
              care and provider billing reserves (as described in Note 11 of the
              Consolidated Financial Statements of the Company for the year
              ended December 31, 2000).

It is understood, however, that the Company will be using its best efforts to
arrange with lending institutions an alternative line of credit (in addition to
the current Progress Bank $650,000 line of credit) as soon as reasonably
practicable, and that this commitment will terminate and all amounts then due
thereunder will become immediately due and payable upon closing of such
alternative line of credit. In any event, all amounts advanced by you will be
due and payable one year from the date hereof, and this commitment shall then be
deemed terminated.

Except as set forth above, the terms, conditions, funding procedures, interest
rate provisions, covenants and events of default under the existing Progress
Bank line of credit shall apply to the cash advances hereunder, and such
documents are hereby incorporated by reference.


The commitments under this letter shall become effective upon your
counter-signature to this letter of agreement and approval thereof by the
Company's Board of Directors, a meeting respecting which shall be held
immediately. Upon execution hereof and such Board approval, the commitments set
forth herein shall become legally binding on the parties. Such orders will issue
in connection with the Company's financial statements.
<PAGE>   2
Mr. Charles Henri-Weil
March 23, 2001
Page 2



Sincerely yours,

INTEGRA, INC.


By:      /s/ Jack N. Brown
         ----------------------------
         Jack N. Brown
         Chief Financial Officer





ACCEPTED:


By:      /s/ Charles Henri-Weil
         ----------------------------
         Charles Henri-Weil
#### In the Matter of the Application of Edward J. Cantwell for Admission to the Bar.

Application granted. Present — Woodward, Jenks, Hooker, Gaynor and Rich, JJ.
**Exhibit 31.1**

**CERTIFICATION**

I, James Whang, 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 STRATS(SM) Trust For Allstate Corporation Securities, Series 2006-3 (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; 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 party: The Bank of New York, as Trustee.

| Dated: March 29, 2007 |  By:  /s/ James Whang                            |
|-----------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

James Whang

Director

(senior officer in charge of securitizations of the depositor)

 

----
#### CRAIG v. LEVY.

No. 16649.

Court of Appeal of Louisiana. Orleans.

April 24, 1939.

Johnston Armstrong, of New Orleans, for appellant.

Henry C. Vosbein, of New Orleans, for appellees administrators.

WESTERFIELD, Judge.

Emma Craig was injured on September 3, 1936, when she was struck by an automobile, driven by Jake Levy, as she was standing on the sidewalk on the corner of Fre-ret and Fourth Streets. She brought this suit against Levy in the First City Court of New Orleans claiming $300, the jurisdictional limit of that Court. She was awarded $50 by judgment rendered on the 17th day of February, 1937. Plaintiff has appealed to this Court asking that the judgment be increased to the original amount claimed. While the case was pending here on appeal, the. defendant, Jake Levy, died and George Heany and Mrs. Claire Hickman, administrators of his succession, were made parties defendant. There is no dispute as to liability, the sole question is the amount of the damages.

According to the testimony of her attending physician, plaintiff suffered a contusion of the right leg, bruises and brush burns of the thigh and “shock and general run down condition”. He says that he called on the plaintiff some thirty or forty times, but he did not keep any account of the number of visits because “when I have a case that I consider as important as to life or death, I lose sight of the number of visits I make because I want to save a life rather than keep track of the number of visits”. He sent plaintiff a bill for $42. Plaintiff testified that she was confined to her bed for two months as a result of her injuries.

It is apparent to our minds that the trial judge was not impressed by the testimony of the plaintiff or that of her doctor, because the amount awarded is grossly inade*166quate for injuries so serious as to require thirty or forty visits by a doctor and to cause the sufferer to remain in bed for sixty days. We share the incredulity of our brother below, and believe that the injuries suffered by plaintiff have been grossly exaggerated.

For the reasons assigned the judgment appealed from is affirmed as to the quantum and amended so as to run against George Heany and Mrs. Claire Hickman, administrators of the succession of Jake Levy. In all other respects the judgment is affirmed.

Amended and affirmed.
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 Annual Report on Form 10-K of MapInfo Corporation (the "Company") for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, K. Wayne McDougall, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.
<PAGE>
                                                                    Exhibit 23.1
                                                                    ------------
                        Consent of Independent Auditors
                        -------------------------------

We consent to the incorporation by reference in the Registration Statements on
Form S-8 (Nos. 33-81044, 333-19753 and 333-74197) (pertaining to the 1991
Employee Option Plan, 1993 Employee Option Plan, 1998 Employee Option Plan and
1995 Non-Employee Option Plan) and Form S-3 (Nos. 333-95361, 333-45818, 333-
33986, and 333-49628) of our report dated January 18, 2001 with respect to the
consolidated financial statements of Electric Fuel Corporation for the two years
ended December 31, 2000 included in this Annual Report (Form 10-K) for the year
ended December 31, 2000.



                       /s/ Kost Forer & Gabbay
                       ------------------------
                           Kost Forer & Gabbay
                    A Member of Ernst & Young International

Tel-Aviv, Israel
March 27, 2001
[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47251-47252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18646]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Ninth Meeting, Special Committee 215 Aeronautical Mobile 
Satellite (Route) Services Next Generation Satellite Services and 
Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 215, Aeronautical Mobile 
Satellite (Route) Services, Next Generation Satellite Services and 
Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of a 
second meeting of RTCA Special Committee 215, Aeronautical Mobile 
Satellite (Route) Services, Next Generation Satellite Services and 
Equipment.

DATES: The meeting will be held September 3-4, 2008, at 9 a.m.

ADDRESS: The meeting will be held at RTCA Headquarters, 1828 L Street, 
NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., 
Suite 805, Washington, DC, 20036;

[[Page 47252]]

telephone (202) 833-9339; fax (202) 833-9434; Web site http://www.rtca.org for directions. POC: Mr. David Pitoniak, Phone: 713-324 
3907. Note: Dress is Business Casual.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice 
is hereby given for a Special Committee 215 meeting, The agenda will 
include:
<bullet> September 3-4:
    [cir] Opening Plenary Session (Welcome, Introductions, and 
Administrative Remarks, Review and Approval of Agenda for Ninth 
Plenary)
    [cir] Review of Proposed Revisions to Terms of Reference (TOR)
    [dec221] Review and Approval of Eighth Meeting Summary (215-061; 
RTCA Paper No. 295-07/SC215-XXX)
    [cir] DO-262 Normative Appendix
    [dec221] Status Update of Final Draft
    [dec221] Review and Approval of Proprietary Documentation White 
Paper
    [dec221] Review of Action List and Outstanding Actions
    [dec221] Revision of TSO C-159 (FAA)
    [cir] DO-270 Normative Appendix
    [dec221] Report from Drafting Group
    [dec221] Review of Action List and Outstanding Actions
    [dec221] Subnetwork Operational Approval Process
    [cir] Closing Plenary Session (Other Business, Schedule Next 
Plenary Meeting, Adjourn--Thursday, September 4, 2008; 12 noon).

    Attendance is open to the interested public but limited to space 
availability. With the approval of the chairmen, members of the public 
may present oral statements at the meeting. Persons wishing to present 
statements or obtain information should contact the person listed in 
the ``FOR FURTHER INFORMATION CONTACT'' section. Members of the public 
may present a written statement to the committee at any time.

    Issued in Washington, DC, on August 6, 2008.
Francisco C. Estrada,
RTCA Advisory Committee.
[FR Doc. E8-18646 Filed 8-12-08; 8:45 am]
BILLING CODE 4910-13-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than September 9, 2008.

**A. Federal Reserve Bank of Kansas City**                     (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:                

*1. Steven J. Buchanan, Omaha, Nebraska, as a member of Wilber Co. Voting Trust;*                     to retain control of Wilber Co., both of Wilber, Nebraska, parent of First State Bank, Lincoln, Nebraska.                

Board of Governors of the Federal Reserve System, August 19, 2008.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E8-19529 Filed 8-21-08; 8:45 am]

BILLING CODE 6210-01-S
#### F. STRAUSS & SONS, Inc., v. ECONOMY CASH GROCERY et al.*

No. 4192.

Court of Appeal of Louisiana. Second Circuit.

Dec. 9, 1931.

H. W. Ayres, of Jonesboro, for appellants.

Hudson, Potts, Bernstein & Sholars, of Monroe, for appellee.

*

Rehearing denied January 14, 1932.

McGREGOR, J.

This is an ordinary suit on open account. Plaintiff is a wholesale dealer in fruit and produce, and defendant, as its name implies, is a.retail dealer in groceries. To its petition the plaintiff attaches a statement of the account totaling the sum of $503.13, which tallies with the amount sued for in the body of the petition. The account was made out in due form on one of plaintiff’s regular bill-heads. It consists of a list of charges showing the dates and amounts of each separate day’s sales. The specific items making up the several separate amounts are not shown.

The petition is sworn to by plaintiff’s attorney, and the statement of the account is sworn to by the secretary and treasurer of the plaintiff. No appearance was made in court by the defendant in any manner until after judgment was signed. The minutes of the court show that default was entered against all defendants on June 9, 1931, and that default was duly confirmed in open court on June 12, 1931, and that judgment was rendered, read, and signed in open court on the same date. The judgment itself states that it was rendered after the plaintiff had produced due proof and that the law and the evidence were in favor thereof.

On June 13, 1931, the defendant filed a motion for- a new trial, which was taken up and tried and submitted on June 24th and overruled on June 25, 1931. On the trial of this motion no evidence was offered except the record in the case as made up to that date. From the judgment as rendered and signed, the defendant has appealed.

*192Counsel for defendant argues that sufficient evidence has not been produced on which to base a judgment and that, therefore, it should be reversed and the case either dismissed or remanded. Fault is found with the account attached to the petition on the ground that it is not sufficiently itemized. If defendant was not satisfied with the account as rendered, it was in its power to ask for an itemized statement in accordance with its wishes before default was entered and confirmed. Otherwise the account as rendered appears sufficient to us as it did to the judge of the lower court. In permitting judgment by default to be taken against it, the defendant is presumed by its silence to have confessed the justice of the plaintiff’s demand. C. P. art. 360. The account as rendered and produced on the trial of the case, in the absence of any objection, fully apprised the defendant and the court of what plaintiff was demanding.

The judgment is correct and, therefore, affirmed, with all costs in both courts.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

TARIQ RASHID, J.R. WORLDWIDE 

LIMITED CORP. A/K/A JR 

WORLDWIDE, LTD., 

Appellant, 

v. 

SIMON JAN KLAPWIJK A/K/A 

S.J. KLAPWIJK, 

Case No. 5D21-2350

LT Case Nos. 2019-CA-008890-O

2019-CA-008887-O 

Appellee. 

________________________________/

Decision filed November 1, 2022 

Nonfinal Appeal from the Circuit Court 

for Orange County, 

Denise Beamer, Judge.

Michael M. Brownlee, of

Brownlee Law Firm, P.A.,

Orlando, for Appellant.

James J. McGuire, Mark R. 

Caramanica, and Daniela B. 

Abratt, of Thomas & LoCicero 

PL, Tampa, for Appellee. 

PER CURIAM. 

AFFIRMED. 

COHEN, TRAVER and WOZNIAK, JJ., concur.