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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6125

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DARRELL RHAMES,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR97-217-S, CA-00-3749-S)

Submitted: March 30, 2001 Decided: April 16, 2001

Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darrell Rhames, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Darrell Rhames appeals the district court’s order denying his

motion filed under 28 U.S.C.A. § 2241 (1994) after construing it as

a motion to vacate or set aside his sentence pursuant to 28

U.S.C.A. § 2255 (West Supp. 2000). We have reviewed the record and

the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v.

Rhames, Nos. CR-97-217-S; CA-00-3749-S (D. Md. filed Jan. 3, 2001,

entered Jan. 4, 2001). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
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.                  

###### Environmental Protection Agency

          - [FRL-8719-9] 

# AGENCY:

Environmental Protection Agency ( EPA). 

# ACTION:

Notice of meeting. 

# SUMMARY:

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC). 

                        For information on access or services for individuals with disabilities, please contact Gloria Car, U.S. EPA, at (228) 688-2421 or                         *car.gloria@epa.gov.*                         To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.                     

# DATES:

The meeting will be held on Tuesday, October 28, 2008 from 9 a.m. to 12 p.m. 

# ADDRESSES:

The meeting will be held at the Hilton New Orleans Riverside, No. 2 Poydras Street, New Orleans, LA 70140. 

# FOR FURTHER INFORMATION CONTACT:

Gloria D. Car, Designated Federal Officer, Gulf of Mexico Program Office, Mail Code EPA/GMPO, Stennis Space Center, MS 39529-6000 at (228) 688-2421. 

# SUPPLEMENTARY INFORMATION:

The proposed agenda includes the following topics: Citizens Advisory Committee Overview, which includes the purpose, member responsibilities, and bylaws; GMP Program Update; CAC Participation in the Governors' Alliance; Succession Planning to vote on a new slate of officers and to select alternates; discussions of meeting frequency, date of next meeting and future meeting topics. 

The meeting is open to the public. 

Dated: September 17, 2008. 

Gloria D. Car, 

Designated Federal Officer.

 [FR Doc. E8-22382 Filed 9-23-08; 8:45 am] 

BILLING CODE 6560-50-P
B.1. Farm Debt Outstanding at Commercial Banks

Loan volume Percent change from Percent change from

(billions of dollars) previous quarter previous year

Real Non-real- Real Non-real- Real Non-realTotal estate estate Total estate estate Total estate estate

Quarter loans loans loans loans loans loans loans loans loans

1990: Q3... 50.5 17.3 33.2 3.1 1.1 4.1 5.3 5.0 5.5

 Q4... 50.1 17.2 32.9 -.8 -.6 -.9 5.7 3.5 6.9

1991: Q1... 49.5 17.5 32.0 -1.3 1.5 -2.8 7.4 4.3 9.1

 Q2... 52.6 18.1 34.5 6.2 3.4 7.7 7.2 5.5 8.1

 Q3... 53.9 18.3 35.6 2.5 1.4 3.1 6.6 5.8 7.1

 Q4... 53.0 18.4 34.6 -1.6 .6 -2.7 5.7 7.0 5.1

1992: Q1... 51.9 18.9 33.0 -2.1 2.7 -4.6 4.9 8.2 3.1

 Q2... 55.1 19.5 35.6 6.2 3.3 7.8 4.9 8.1 3.2

 Q3... 56.2 19.9 36.2 1.9 1.9 1.9 4.2 8.6 1.9

 Q4... 54.5 19.9 34.7 -2.9 -.2 -4.4 2.9 7.8 .2

1993: Q1... 52.8 20.0 32.8 -3.2 .5 -5.3 1.7 5.6 -.5

 Q2... 56.0 20.6 35.4 6.0 3.1 7.8 1.6 5.4 -.6

 Q3... 58.0 20.8 37.1 3.5 1.2 4.9 3.2 4.7 2.4

 Q4... 57.7 20.9 36.8 -.5 .1 -.8 5.8 5.0 6.2

1994: Q1... 56.8 21.2 35.5 -1.5 1.8 -3.4 7.6 6.4 8.3

 Q2... 61.1 21.9 39.2 7.6 3.2 10.2 9.1 6.4 10.7

 Q3... 63.0 22.4 40.6 3.1 2.2 3.6 8.7 7.5 9.3

 Q4... 61.3 22.6 38.7 -2.7 .7 -4.6 6.2 8.2 5.2

1995: Q1... 59.9 22.9 36.9 -2.3 1.6 -4.6 5.4 8.0 3.9

 Q2... 63.5 23.6 40.0 6.1 2.7 8.2 4.0 7.5 2.0

 Q3... 65.3 23.8 41.5 2.9 1.1 3.9 3.7 6.3 2.3

 Q4... 63.7 23.9 39.8 -2.5 .4 -4.1 3.9 5.9 2.8

1996: Q1... 61.7 24.0 37.7 -3.1 .5 -5.3 3.1 4.8 2.0

 Q2... 65.7 24.7 41.0 6.5 2.7 8.9 3.4 4.7 2.7

 Q3... 66.6 24.9 41.6 1.3 1.1 1.5 1.9 4.7 .3

 Q4... 65.5 25.0 40.5 -1.6 .3 -2.8 2.8 4.6 1.8

1997: Q1... 63.8 25.4 38.4 -2.6 1.4 -5.1 3.4 5.5 2.0

 Q2... 69.0 26.2 42.8 8.2 3.3 11.5 5.1 6.2 4.4

 Q3... 71.1 27.0 44.2 3.0 2.9 3.1 6.8 8.1 6.0

 Q4... 71.3 27.1 44.2 .3 .7 .0 8.9 8.5 9.1

1998: Q1... 70.1 27.6 42.4 -1.7 1.8 -3.9 9.8 9.0 10.4

 Q2... 75.0 28.5 46.5 7.1 3.2 9.6 8.6 8.8 8.5

 Q3... 76.3 28.9 47.4 1.7 1.3 1.9 7.2 7.2 7.3

 Q4... 74.7 29.3 45.5 -2.0 1.3 -4.0 4.8 7.8 3.0

1999: Q1... 72.7 29.7 42.9 -2.8 1.7 -5.6 3.7 7.6 1.1

 Q2... 75.8 30.8 45.1 4.4 3.5 5.0 1.1 8.0 -3.1

 Q3... 76.8 31.4 45.5 1.3 1.9 .9 .7 8.6 -4.1

 Q4... 76.0 31.8 44.2 -1.0 1.5 -2.8 1.7 8.8 -2.8

2000: Q1... 71.5 31.4 40.1 -5.9 -1.4 -9.2 -1.6 5.5 -6.5

 Q2... 79.7 33.7 45.9 11.4 7.5 14.4 5.0 9.6 1.9

 Q3... 80.1 33.9 46.2 .6 .5 .6 4.3 8.1 1.6

 Q4... 80.9 34.0 46.9 1.0 .3 1.5 6.4 6.8 6.1

2001: Q1... 79.4 34.3 45.1 -1.9 .8 -3.9 11.0 9.2 12.4

 Q2... 82.9 35.1 47.7 4.4 2.5 5.8 4.0 4.2 3.9

 Q3... 82.5 35.4 47.1 -.4 .8 -1.3 3.0 4.5 2.0

 Q4... 82.2 35.6 46.7 -.3 .4 -.9 1.6 4.6 -.5

2002: Q1... 80.1 36.0 44.1 -2.6 1.2 -5.5 .9 4.9 -2.2

 Q2... 83.7 37.0 46.7 4.4 2.7 5.9 1.0 5.1 -2.1

 Q3... 84.4 37.7 46.7 .9 2.1 -.1 2.3 6.5 -.9

 Q4... 83.9 38.0 45.9 -.6 .6 -1.6 2.0 6.8 -1.7

 Note. Data are as of end of quarter.

21
The Honorable James Maxwell Moody, United States District

1

Judge for the Eastern District of Arkansas.

The Honorable James G. Mixon, Chief Judge, United States

2

Bankruptcy Court for the Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-3076

___________

In re: Charles Evans; *

Sylvia Evans *

*

-------------- *

*

Charles Evans, Sylvia Evans, *

* Appeal from the United States

Appellants, * District Corut for the

* Eastern District of Arkansas.

v. * [UNPUBLISHED]

*

Worthen National Bank of Pine *

Bluff, *

*

Creditor-Appellee, *

*

Walter M. Dickinson, *

*

Trustee-Appellee. *

___________

 Submitted: March 11, 1997

 Filed: March 20, 1997

___________

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

___________

PER CURIAM.

Charles and Sylvia Evans appeal from the district court’s affirmance 1

of the bankruptcy court’s decision regarding their claimed homestead

2

exemption. Having reviewed the record and the
-2-

parties’ briefs, we conclude that the judgment was correct, and that no

further discussion is warranted. Accordingly, we affirm. See 8th Cir. R.

47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
I

107TH CONGRESS

1ST SESSION H. R. 1523

To amend title 18, United States Code, to increase the age of persons

considered to be minors for the purposes of the prohibition on transporting obscene materials to minors.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. TANCREDO introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to increase the

age of persons considered to be minors for the purposes

of the prohibition on transporting obscene materials to

minors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Stop Material Unsuit5 able for Teens Act’’.
2

•HR 1523 IH

1 SEC. 2. AGE INCREASE.

2 Section 1470 of title 18, United States Code, is

3 amended by striking ‘‘16’’ each place it appears and in4 serting ‘‘18’’.

Æ
Exhibit 32(b)

ENERGY FUTURE HOLDINGS CORP.

Certificate Pursuant to Section 906

of Sarbanes  Oxley Act of 2002

CERTIFICATION OF CFO

The undersigned, Paul M. Keglevic, Executive Vice President and Chief Financial Officer of Energy Future Holdings Corp. (the
Company), DOES HEREBY CERTIFY that:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2010 (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. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this 3rd day of May, 2010.



/s/ PAUL M. KEGLEVICName:

Paul M. KeglevicTitle:

Executive Vice President and Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to Energy Future Holdings Corp. and will be retained by Energy
Future Holdings Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Mark R. Mandeville

v. Civil No. 05-cv-092-PB

Merrimack County Department

of Corrections, et al.

O R D E R

 The Marshal was unable to serve former Superintendent

Anderson, Nurse French, Officer Unite, Officer Mayo, Officer

Andrade, and Nurse Poison. While the prison takes understandable

care to protect the confidentiality of the home addresses of its

current or past employees, that confidentiality must give way to

the federal law to permit service of process. However, to avoid

providing the last known home addresses to plaintiff the

defendant Assistant Superintendent Doucette, who has been sued in

his official capacity, shall provide those addresses in camera to

the clerk to provide to the Marshal or defense counsel may obtain

permission to accept service for all of the above who consent. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: September 6, 2005

cc: Mark R. Mandeville, pro se

 John A. Curran, Esq.

Case 1:05-cv-00092-JD Document 12 Filed 09/06/05 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Poweroasis, Inc., et al.

v. Case No. 05-cv-42-PB

T. Mobil USA, Inc.

O R D E R

T-Mobile USA, Inc. has not substantially justified its

failure to abide by the July 15, 2005 expert disclosure deadline.

Nevertheless, I can address any harm resulting from its late

disclosure of the expert information by: (1) requiring T Mobile 

to reimburse Poweroasis, Inc. for its costs and fees in preparing

the Motion to Strike and any other filings that will have to be

amended to address the expert's anticipated testimony; and (2)

allowing Poweroasis 30 days from the date of this Order to depose

the expert and make any required amendments to its existing

filings. Striking the expert’s declaration under these

circumstances would be unjust, especially because there is no

evidence to suggest that T-Mobile willfully violated the Pretrial 

Case 1:05-cv-00042-PB Document 38 Filed 10/24/05 Page 1 of 2
-2-

Order. Accordingly, I deny the Motion to Strike (Doc. No. 35)

and instead award Poweroasis the relief described in this Order. 

 SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

October 24, 2005

cc: Sibley Reppert, Esq.

Thomas Donovan, Esq.

William Scofield, Jr.

Amr O. Aly, Esq.

Benjamin Stern, Esq.

David Bassett, Esq.

John Rhee, Esq.

William Lee, Esq.

Robert Lucic, Esq.

Case 1:05-cv-00042-PB Document 38 Filed 10/24/05 Page 2 of 2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1511 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1511

  To amend title 10, United States Code, to eliminate the requirement 
  that covered beneficiaries under chapter 55 of such title obtain a 
nonavailability-of-health-care statement with respect to obstetrics and 
               gynecological care related to a pregnancy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. Ryun of Kansas (for himself, Mrs. Davis of California, Mr. Shows, 
 Mr. Gibbons, and Mr. Tiahrt) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to eliminate the requirement 
  that covered beneficiaries under chapter 55 of such title obtain a 
nonavailability-of-health-care statement with respect to obstetrics and 
               gynecological care related to a pregnancy.

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

SECTION 1. ELIMINATION OF REQUIREMENT TO OBTAIN NONAVAILABILITY-OF-
              HEALTH-CARE STATEMENT IN CASES OF PREGNANCY.

    (a) Elimination of Requirement.--Chapter 55 of title 10, United 
States Code, is amended in section 1080(b) by striking the second 
sentence.
    (b) Expansion of Nonavailability Statement Waiver Authority.--
Section 721 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted by Public Law 106-398) is amended--
            (1) in subsection (a), by inserting ``, or in the case of 
        obstetrics and gynecological care related to the pregnancy of a 
        covered beneficiary using TRICARE Extra,'' after ``TRICARE 
        Standard''; and
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively;
                    (B) by inserting ``(1)'' after ``(c) Exceptions.--
                ''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply in the case of obstetrics and 
gynecological care related to the pregnancy of a covered 
beneficiary.''.
                                 <all>
```
11

A.7. Distribution of Dollar Amount of Non-real-estate Farm Loans, by Effective Interest RatePercent

Effective interest rate (percent)

Zero 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 

All to to to to to to to to to to to to to to 

Quarter rates 5.0 5.9 6.9 7.9 8.9 9.9 10.9 11.9 12.9 13.9 14.9 15.9 16.9 17.9 

1992: Q3... 100 6.00 4.00 22.00 18.00 23.00 16.00 8.00 2.00 * * * * * * 

1993: Q3... 100 * 12.00 29.00 14.00 19.00 22.00 4.00 1.00 * * * * * * 

1994: Q3... 100 4.00 4.00 20.00 21.00 23.00 24.00 4.00 1.00 1.00 .01 .01 * * * 

1995: Q3... 100 * * 5.00 15.00 8.00 30.00 30.00 10.00 1.00 1.00 * * .01 * 

1996: Q3... 100 * .01 15.00 18.00 25.00 22.00 15.00 4.00 1.00 .01 .01 .01 .01 * 

1997: Q3... 100 * .01 5.00 3.00 33.00 33.00 17.00 8.00 2.00 .01 .01 .01 * * 

1998: Q3... 100 * .01 8.00 10.00 30.00 29.00 16.00 6.00 .01 .01 * * .01 * 

1999: Q3... 100 * 2.00 4.00 10.00 35.00 32.00 12.00 4.00 1.00 .01 .01 .01 * * 

2000: Q3... 100 .01 .01 1.00 1.00 16.00 30.00 28.00 19.00 5.00 1.00 .01 .01 .01 .01 

2001: Q3... 100 1.10 9.00 23.00 25.00 25.00 12.00 3.00 1.00 .26 .01 * * * * 

2002: Q3... 100 26.33 27.25 18.41 15.57 8.76 2.82 .49 .29 .06 * * * * * 

2003: Q3... 100 41.83 23.79 18.38 11.11 3.67 .77 .22 .04 .04 .02 .02 .02 * * 

2000: Q1... 100 * .01 5.00 4.00 30.00 36.00 18.00 6.00 1.00 .01 .01 * * * 

 Q2... 100 .01 .01 .01 4.00 19.00 36.00 27.00 11.00 2.00 .01 .01 .01 * * 

 Q3... 100 .01 .01 1.00 1.00 16.00 30.00 28.00 19.00 5.00 1.00 .01 .01 .01 .01 

 Q4... 100 * .01 .01 3.00 15.00 30.00 34.00 13.00 4.00 .01 .01 .01 * * 

2001: Q1... 100 .01 * 8.00 7.00 28.00 33.00 17.00 5.00 2.00 .01 .01 * .01 .01 

 Q2... 100 .01 3.00 8.00 29.00 31.00 22.00 5.00 2.00 .39 .07 .03 .01 * * 

 Q3... 100 1.10 9.00 23.00 25.00 25.00 12.00 3.00 1.00 .26 .01 * * * * 

 Q4... 100 21.20 32.80 13.60 16.40 10.50 4.10 .90 .30 .10 .00 .00 * * * 

2002: Q1... 100 23.76 17.31 19.76 23.14 10.76 4.30 .80 .00 .00 * .00 .00 * .00 

 Q2... 100 23.24 22.45 17.77 22.77 10.15 2.75 .77 .00 .00 .00 .00 .00 .00 .00 

 Q3... 100 26.33 27.25 18.41 15.57 8.76 2.82 .49 .29 .06 * * * * * 

 Q4... 100 38.69 23.76 14.20 12.97 7.73 2.02 .44 .04 .04 .04 .02 .02 * * 

2003: Q1... 100 37.28 22.16 18.64 14.73 4.88 1.72 .47 .02 .02 * * * * * 

 Q2... 100 27.25 23.90 21.19 18.64 6.55 1.77 .51 .08 .08 * .03 * * * 

 Q3... 100 41.83 23.79 18.38 11.11 3.67 .77 .22 .04 .04 .02 .02 .02 * * 

 Note. Non-real-estate farm loans of $1,000 or more made by insured commercial banks. Effective (compounded) annual interest from the stated rate and other terms of the loans and weighted by loan size. Percentages may not sum to 100 because of rounding. * Indicates value of zero. Source. Federal Reserve Survey of the Terms of Bank Lending to Farmers, conducted during the first full business week of the sequarter.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 07-cr-145-PB

Robin Theriault

O R D E R

The defendant, through counsel, has moved to continue the

November 6, 2007 trial in the above case, citing the need for

additional time to complete discovery and prepare for trial. The

government does not object to a continuance of the trial date.

Accordingly, for the above reason and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from November 6, 2007 to January 8, 2008. In

agreeing to continue the trial, the court finds pursuant to 18

U.S.C.A. § 3161(h)(8)(A) that for the above-stated reasons, the

ends of justice served in granting a continuance outweigh the

best interests of the public and the defendant in a speedy trial. 

Case 1:07-cr-00145-PB Document 15 Filed 10/24/07 Page 1 of 2
2

The October 25 2007 final pretrial conference is continued

to December 18, 2007 at 4:15 p.m.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

October 24, 2007

cc: Don Feith, AUSA

Mark Howard, Esq.

United States Probation

United States Marshal

Case 1:07-cr-00145-PB Document 15 Filed 10/24/07 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 07-cr-246-PB

James Lindbloom

O R D E R

The defendant, through counsel, has moved to continue the

May 6, 2008 trial in the above case to allow additional time to

engage in plea negotiations or prepare for trial. The government

does not object to a continuance of the trial date.

Accordingly, for the above reason and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from May 6, 2008 to July 8, 2008. In agreeing

to continue the trial, the court finds pursuant to 18 U.S.C.A. §

3161(h)(8)(A) that for the above-stated reason, the ends of

justice served in granting a continuance outweigh the best

interests of the public and the defendant in a speedy trial

The April 21, 2008 final pretrial conference is continued to

June 23, 2008 at 4:00 p.m.

Case 1:07-cr-00246-PB Document 16 Filed 04/22/08 Page 1 of 2
2

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

April 21, 2008

cc: Jaye L. Rancourt, Esq.

Clyde Garrigan, AUSA

United States Probation

United States Marshal

Case 1:07-cr-00246-PB Document 16 Filed 04/22/08 Page 2 of 2
#### GENERAL CONTRACT PURCHASE CORPORATION v. DILLMAN.

No. 3908.

Court of Appeal of Louisiana. Second Circuit, First Division.

Nov. 18, 1931.

Samuel M. Robertson, of Shreveport, for appellant.

Dickson & Denny, of Shreveport for ap-pellee.

TALIAFERRO, J.

Defendant purchased from Southern Cine Company, Inc., one Electrolux gas refrigerator for the price of $414.78, paying $37.50 cash and executed her note to the seller for the balance of $377.28, payable in 18 monthly installments of $20.96 each. This note was secured by chattel mortgage and vendor’s lien and privilege on the refrigerator, and in due course was acquired by plaintiff before maturity. The present suit was filed on the note coupled with foreclosure of the mortgage and lien securing its payment.

Defendant resists the suit by alleging that the refrigerator was defective when delivered to her; that it would not refrigerate to that degree necessary to meet the purposes for which it was purchased; that the gas used to generate the cold and freezing temperature in the refrigerator’, on account of defects therein, escaped into its different compartments and so affected foods kept therein for preservation as to render them unfit for human consumption.

On trial of the case plaintiff introduced the note sued on and a certified copy of the mortgage and vendor’s lien securing payment of same, all of which are fin authentic form, and rested its case.

Defendant was sworn as a witness in her own behalf and an effort was made to interrogate her concerning the purchase of the refrigerator from Southern Cine Compand, Inc. This evidence was objected to for the reason the note sued on had passed into the hands of an innocent purchaser before maturity, and such defenses as defendant had set up were cut off on that account. The objection was sustained. Defendant offered no further testimony. The case was closed in that condition, and judgment rendered for plaintiff as prayed for. It is from this judgment that defendant appealed.

In this court defendant made no appearance, filed no brief, and presumably has abandoned her appeal.

The record justifies the judgment appealed from, and it is affirmed, with costs.