alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PULTE HOME CORPORATION, Plaintiff — Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Does, 1 Through 5, Defendants — Appellees.

No. 01-57090.

D.C. No. CV-00-00609-JTM/AJB.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 5, 2002.

Decided Nov. 14, 2002.

Appeal from the United States District Court for the Southern District of California, Jeffrey T. Miller, District Judge, Presiding.

Before PREGERSON, THOMPSON and WARDLAW, Circuit Judges.

MEMORANDUM *

Pulte Home Corporation appeals the district court’s grant of summary judgment in favor of Nationwide Mutual Insurance Company on its claims of breach of contract, breach of the covenant of good faith and fair dealing, and for declaratory relief. The district court found Nationwide had no duty to defend Pulte, an additional insured covered by a commercial general liability policy issued by Nationwide to Pacific Soils Engineering, in the underlying construction defect action. It concluded that there was no coverage under the policy, reasoning in part that the inspection and testing services provided by Pacific Soils on the Antelope Run project were not covered by the policy, which only provided coverage for property damage caused by an “occurrence.” The policy further defined “occurrence” as “an accident, including continuous or repeated exposure to substantially the same harmful conditions.”

Because the district court properly ruled that the provision of professional services such as those provided by Pacific Soils could not be deemed an “accident” amounting to an “occurrence” under California law, *see Ray v. Valley Forge Ins. Co.,*77 Cal.App.4th 1039, 92 Cal.Rptr.2d 473 (Cal.Ct.App.2000), the district court judgment is

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 Ninth Circuit Rule 36-3.
Exhibit 31.1

Porter Bancorp, Inc.

Rule 13a-14(a) Certification
of Chief Executive Officer

I, Maria L. Bouvette, Chief Executive Officer of Porter Bancorp, Inc. (the Company), certify
that:

1. I have reviewed this Amendment #1 to Annual Report on Form 10-K of the Company;

2. Based on my knowledge, this 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 report.



|                         |  |  |  |                        
|------------------------ |  |  |  | -----------------------
|Dated: December 17, 2009 |  |  |  | /s/ Maria L. Bouvette  
|                         |  |  |  | Maria L. Bouvette      
|                         |  |  |  | Chief Executive Officer
175 La. *751*

#### HINTON v. TERWILLIGER.

No. 31600.

Supreme Court of Louisiana.

Oct. 31, 1932.

Neil A. Armstrong, Jr., of New Orleans, for appellant.

Oliver S. Livaudais, of New Orleans, for appellee.

ROGERS, J.

Plaintiff, alleging cruel treatment, sued her husband for a separation from bed and board', and prayed for $75 a month alimony during the pendency of her suit. The court below, after hearing the parties, fixed plaintiff’s alimony at $25 a month. Defendant appealed, and plaintiff answered the appeal asking that the amount of the judgment be increased to $75 a month, the original amount for which she prayed.

The only testimony in the record is that of the parties themselves. The marriage took place on July 10, 1930, and a little more than a year thereafter this suit was filed. AVhile plaintiff testified in a general way regarding her husband’s affairs, she had no actual knowledge of his business nor of his financial condition.

Defendant operates a small grocery and oil station at Xcloskey in the parish of St. Bernard. He was called for cross-examination under the statute, and testified that since the Caernarvon Crevasse in 1927 he has been barely able to make a living; that his trade is purely local, and that his customers, who are principally engaged in fishing and trapping, because of the decline in their business, have no money and are largely indebted to him; that his revenues at the present time do not average $3 a day. Plaintiff herself owns an interest in property in Mississippi from which she derives an income of $7 a month.

On the facts disclosed by the record, we see no reason to disturb the judgment of the court below.

For the reasons assigned, the judgment appealed from is affirmed.
Exhibit 32.1  Certification of the President 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 China RuiTai International Holdings Co. Ltd. (the "Company") on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Dian Min Ma, the Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ Dian Min MaChief Executive Officer Date: November 18, 2009
Amendment dated December 31, 2004 to the Federated Investors Program



 Exhibit 10.47 
  
 AGREEMENT OF AMENDMENT 
  
 Dated as of December 31, 2004 
  
 Reference is made to that certain Purchase and Sale Agreement dated as of December 21, 2000 (as from time to time amended
prior to the date hereof, the “Purchase Agreement”) among Federated Investors Management Company (the “Transferor”), Federated Securities Corp. (the “Distributor”), Federated Funding 1997-1, Inc. (the
“Seller”), Federated Investors, Inc. (the “Parent”), Citibank, N.A., as Purchaser, and Citicorp North America, Inc., as Program Agent. Capitalized terms used and not defined herein shall have the meanings assigned to such terms
in the Purchase Agreement. 
  
 The parties hereto agree that,
effective as of the date hereof, the definition “Purchase Limit” set forth in Appendix A to the Purchase Agreement is hereby amended by replacing the amount “$150,000,000” set forth therein, with the amount
“$75,000,000”. 
  
 Each of the Seller, the Distributor,
the Transferor and the Parent represents and warrants that (i) this Agreement of Amendment has been duly authorized, executed and delivered by it and each of its obligations hereunder constitute its legal, valid and binding obligation enforceable
against it in accordance with its terms, and (ii) immediately after giving effect to this Agreement of Amendment and the transactions contemplated hereunder, its representations and warranties set forth in the Program Documents will be true and
correct and no Event of Termination has occurred, or will result therefrom. 
  
 This Agreement of Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same
agreement. 
  
 THIS AGREEMENT OF AMENDMENT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. 







 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered by their
duly authorized officers as of the date first above written. 
  

							
	 CITICORP NORTH AMERICA, INC.,
 as Program
Agent
	 	 CITIBANK, N.A.,
 as
Purchaser

				
	 By:
	 	 /s/ Signature illegible

	 	 By:
	 	 /s/ Signature illegible


	 Name:
	 	 	 	 Name:
	 	 
	 Title:
	 	 	 	 Title:
	 	 
		
	 FEDERATED INVESTORS MANAGEMENT COMPANY,
 as Transferor
	 	 FEDERATED SECURITIES CORP.,
 as
Distributor, Principal Shareholder Servicer and Servicer

				
	 By:
	 	 /s/ Raymond J. Hanley

	 	 By:
	 	 /s/ Raymond J. Hanley


	 Name:
	 	 Raymond J. Hanley
	 	 Name:
	 	 Raymond J. Hanley

	 Title
	 	 Senior Vice President
	 	 Title:
	 	 Vice President

		
	 FEDERATED FUNDING 1997-1, INC.,
 as Seller
	 	 FEDERATED INVESTORS, INC.,
 as Parent

				
	 By:
	 	 /s/ Raymond J. Hanley

	 	 By:
	 	 /s/ Denis McAuley


	 Name:
	 	 Raymond J. Hanley
	 	 Name:
	 	 Denis McAuley

	 Title:
	 	 Vice President
	 	 Title:
	 	 Vice President
Exhibit 10(a)

Contract No. 117119

 

NATURAL GAS PIPELINE COMPANY OF AMERICA (Natural)

TRANSPORTATION RATE SCHEDULE FTS AGREEMENT DATED February 25, 2000

UNDER SUBPART G OF PART 284 OF THE FERC'S REGULATIONS

 

1.	SHIPPER is: THE PEOPLES GAS LIGHT AND COKE COMPANY, a LDC.

2.	(a)	MDQ totals: 25,000 MMBTU per day.

	(b)	Service option selected (check any or all):

	[ ] LN	[ ] SW	[ ]NB

3.	TERM: April 1, 2000 through October 31, 2002.

4.	Service will be ON BEHALF OF: [X] Shipper or [ ]Other:

5.	The ULTIMATE END USERS are customers within any state in the continental U.S.; or (specify state)________________________________________________.

6.	[ ] This Agreement supersedes and cancels a _____________ Agreement dated ___________.

[X]	Service and reservation charges commence the latter of:

(a) April 1, 2000, and

(b) the date capacity to provide the service hereunder is available on Natural's System.

[ ]	Other:_____________________________________________
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         3,529,578
<SECURITIES>                                   0
<RECEIVABLES>                                  510,664
<ALLOWANCES>                                   24,395 
<INVENTORY>                                    434,702
<CURRENT-ASSETS>                               4,522,261
<PP&E>                                         26,727,330
<DEPRECIATION>                                 10,493,615
<TOTAL-ASSETS>                                 22,118,202
<CURRENT-LIABILITIES>                          1,151,301
<BONDS>                                        2,903,192
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,316,108
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   17,854,282
<SALES>                                        2,175,647
<TOTAL-REVENUES>                               2,214,551
<CGS>                                          1,231,928
<TOTAL-COSTS>                                  3,094,397
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               2,389,932
<INTEREST-EXPENSE>                             402,012
<INCOME-PRETAX>                                (3,614,868)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (3,614,868)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (3,704,837)
<EPS-PRIMARY>                                  (.34)
<EPS-DILUTED>                                  (.34)

        

</TABLE>
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 Quarterly Report (the Report) of Powell Industries, Inc.
(the Company) on Form 10-Q for the period ended January 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof, I, Don R. Madison, Vice
President and 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; and
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------

|(2) |  | The information contained in the Report fairly represents, in all material
               respects, the financial condition and results of operations of the Company.
|--- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------

|                       |                                                                                
|---------------------- | -------------------------------------------------------------------------------
|Date:    March 1, 2004 | /s/    DON R. MADISON
Don R. Madison
Vice President and Chief Financial Officer
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6614 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6614

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 11 (legislative day, May 10), 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 4744 Grand River Avenue in Detroit, Michigan, as the ``Rosa Louise 
                 McCauley Parks Post Office Building''.

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

SECTION 1. ROSA LOUISE MCCAULEY PARKS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4744 Grand River Avenue in Detroit, Michigan, shall be known 
and designated as the ``Rosa Louise McCauley Parks Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Rosa 
Louise McCauley Parks Post Office Building''.

            Passed the House of Representatives May 10, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
Third District Court of Appeal

State of Florida

Opinion filed October 24, 2014.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D14-2560

Lower Tribunal No. 13-27204

________________

Borris Moralez,

Petitioner,

vs.

Marydell Guevara, Director, Miami-Dade County Corrections and

Rehabilitation Department and The State of Florida,

Respondents.

A Case of Original Jurisdiction – Habeas Corpus

Carlos J. Martinez, Public Defender, and James Moody, Assistant Public

Defender, for petitioner.

Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant

Attorney General, for respondents.

Before SHEPHERD C.J., and WELLS, and EMAS, JJ.

WELLS, Judge.
Petitioner Borris Moralez asks this court to issue a writ of habeas corpus and

order the circuit court to grant his immediate release in case F13-27204B. We

grant Moralez’s petition for writ of habeas corpus only insofar as we remand to the

trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida

Statutes (2014), and the applicable provisions of Florida Rules of Criminal

Procedure 3.131 and 3.132. Moralez shall remain in detention pending the

outcome of the hearing.

 Petition is granted; remanded for an expedited bond hearing.*

*This opinion shall take effect immediately notwithstanding the filing or

disposition of any motion for rehearing.

 

2
NO. 07-12-0101-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL C

	MARCH 29, 2012

	______________________________

	ROCKY JIMENEZ,

Appellant

	v.

	THE STATE OF TEXAS,

Appellee

	_______________________________

	FROM THE 364th DISTRICT COURT OF LUBBOCK COUNTY;

	NO. 2012-433,593; HON. BRADLEY S. UNDERWOOD, PRESIDING

	_______________________________

***ORDER OF DISMISSAL***

	_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

	Appellant, Rocky Jimenez, appeals his conviction for possession of a controlled substance with intent to deliver.  The certification of right to appeal stated that 1) the criminal proceeding was “a plea-bargain case and the defendant has NO right of appeal.” This circumstance was brought to the attention of appellant and opportunity was granted him to obtain an amended certification entitling him to appeal.  No such certification was received within the allotted time.  Having no certification indicating that appellant has a right to appeal his conviction, we dismiss the appeal per Texas Rule of Appellate Procedure 25.2(d).

Per Curiam

Do not publish.

2
Exhibit 32.1

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

I, Dr. Barry W. Karlin, Chairman and Chief Executive Officer of CRC Health Corporation (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| |  |  | the Annual Report on Form 10-K of the Company for the year ended December 31, 2007, as filed with the Securities and Exchange Commission (the
Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 7, 2008



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/    DR. BARRY W.
KARLIN                                                            
|Dr. Barry W. Karlin Chairman and Chief Executive Officer (Principal Executive Officer)

A signed original of this written statement required by Section 906 has been provided to CRC
Health Corporation and will be retained by CRC Health Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    Exhibit 23.1

                          INDEPENDENT AUDITORS' CONSENT


The Board of Directors
Ambac Assurance Corporation

We consent to the incorporation by reference in the registration statement (No.
333-72459) of Citicorp Mortgage Securities, Inc. (the "Registrant"), and the
Prospectus Supplement of the Registrant (the "Prospectus Supplement"), via the
Form 8-K of the Registrant dated August 23, 1999, of our report dated January
27, 1999 on the consolidated financial statements of Ambac Assurance Corporation
and subsidiaries as of December 31, 1998 and 1997, and for each of the years in
the three-year period ended December 31, 1998, which report appears in the Form
10-K of Ambac Financial Group, Inc. which was filed with the Securities and
Exchange Commission on March 30, 1999 and to the reference to our firm under the
heading "Experts" in the Prospectus Supplement.



                             By: /s/ KPMG LLP
                                 -------------------


New York, New York
Dated: August 23, 1999
f8k040714ex10i_dublin.htm


 



Exhibit 10.1


 


LOAN AGREEMENT


FOR BUSINESS DEVELOPMENT


 


between


 


DUBLI, INC.


6750 N Andrews Avenue 


Suite 200


Ft. Lauderdale, FL 33309


 


- hereinafter referred to as "the Borrower" -


 


and


 


Sleiman Chamoun 


Villa Chamoun


Nazlet El Bwar Fatka 


Lebanon


 


- hereinafter referred to as "the Lender" –


 


1. Date of Agreement: May 06, 2014


 


2. Amount and purpose of the loan: US$ 500,000. The amount shall be wired to:




 



	Account Name:  	DubLi Inc.
	Bank: 	WELLS FARGO BANK
	Address:  	980 North Federal Highway
	 	Boca Raton, FL 33432
	Bank ABA: 	121000248
	Swift:  	WFBIUS6S
	Account No.: 	2000055438780





                              




  





  











  






 


The funds are supposed to be used to further develop and strengthen Borrowers business.


 


3. Repayment - Borrower will repay the full amount of this note on January 1, 2015.


 


4. The interest will be 10 % p.a. The Borrower will pay the accumulated interest together with the loan amount on January 1, 2015.


 


5. Early amortization – The Borrower may repay the whole outstanding amount at any time without additional costs.


 


6. Late Charge: A penalty of US$ 1,000 per day will be charged if the loan amount plus interests is not paid in full on its due date. The late charge will continue to incur until the full loan amount plus interests is paid in full.


 


Borrower: DUBLI, INC.


 


By:                                                           


Michael Hansen, CEO


 


 


Lender:


 


By:                                                              


Sleiman Chamoun