alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### O. D. Harris *v.*Irene C. Beazley et al.

Pleading — Time of Piling Answer and Cross Petition.

A pleading filed as an answer and cross-petition after the final decision of the appellate court, and before the mandate had been entered in the Circuit Court, could not be admitted as an answer, and as a petition for review, it is premature until the mandate had been entered.

Same — Bill of Review — Newly Discovered Evidence.

In the absence of an allegation in a bill of review, that evidence, offered to sustain same, might not; by ordinary diligence, have been discovered in time to have been used on the first hearing, it is not error to dismiss the proceedings.

APPEAL EROM GARRARD CIRCUIT COURT.

December 21, 1868.

Dunlap, *for appellant.*

Bradley, *for appellees.*

Opinion oe the Court by

Judge Robertson:

The pleading filed as an answer and cross-petition, after the case had been finally decided by this court and before the mandate had been entered in the circuit court, could not be admitted as an answer when the case was not open for it; and, as a petition for review, it was premature until the mandate had been entered.

But, waiving these formal objections and, by,a liberal construction, considering the document as a bill of review on evidence discovered after the final decree, there was no error in the dismisison of it on the evidence as taken under it.

• 1. There is neither allegation nor presumption that the supplemental evidence might not, by ordinary diligence, have been discovered in time to have been used on the first hearing.

2. Waiving that irreparable difficulty, the new evidence does not essentially change the case, and, had it been taken before the first decree by the circuit court, the principles on which this court reversed that decree would have led to the same conclusion and reversal.

Wherefore, the judgment is affirmed.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Robin Carter,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-18-00047-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: January 24, 2018 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9838 Filed 01/26/18 Page 1 of 1
#### NEW JERSEY CHAPTER OF THE NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS v. TOWNSHIP OF SOUTH BRUNSWICK, ET AL.

June 27, 1989.

Petition for certification granted. (See 232 *N.J.Super.*182)
#### Thomas Porter *v.*Mary Ann Cummins.

Adverse Possession — Sufficient Deed — Contract.

A deed from a vendor, who had held land in controversy through undisturbed adverse claim for a period of forty years, is held to be a sufficient compliance with a contract to give “a good and sufficient deed.”

APPEAL PROM KENTON CIRCUIT COURT.

October 3, 1868.

Opinion op the Court by

Judge Hardin :

As we construe the agreement between the appellant and the appellee dated the 3d day of June, 1857, the undertaking to pay the last payment of $1,000 of this purchase money was upon the condition that the appellee Mary Ann Cummins, then Mary Ann Cox, should convey the title by a good and sufficient deed with her own warranty of the title, and the principal question presented for our decision is whether the deed tendered by her after the death of her husband was sufficient to vest the title in the appellant in compliance with her contract. We are of the opinion that it was.

It does not distinctly appear how the land was originally ac*658quired by tbe appellee’s grand-f atber, Richard Dictim, from Flournoy, but as it fully appears tbat for near forty years tbe land bad been beld and claimed under tbe title of Dictim and adversely to all other claims, we think tbe title should’have been regarded as sufficient, and especially so as a conveyance was adjudged from tbe heirs of Flournoy by proper proceeding against them. It seems to us also tbat as tbe appellant or bis vendees bad tbe use of tbe land there was no error in adjudging tbe payment of interest on tbe $1,000 from tbe 3rd day of June, 1861, Nor was there any error, in our opinion, to tbe appellant’s prejudice in tbe equitable adjustment made by tbe court, as to tbe payment of costs.

*Carlisle, for appellant.*

*O’Hara, for appellee.*

Wherefore, tbe judgment is affirmed.
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TRICO MARINE SERVICES, INC.

EXHIBIT 21.1

SUBSIDIARIES



The following is a list of all Subsidiaries of Trico Marine Services, Inc.
("the Parent").

|Company                                  | Ownership                                                              | Jurisdiction of Incorporation
|---------------------------------------- | ---------------------------------------------------------------------- | -----------------------------
|Trico Marine Assets, Inc.                | 100% owned by Parent                                                   | Delaware                     
|Trico Marine Operators, Inc.             | 100% owned by Parent                                                   | Louisiana                    
|Trico Marine International, Ltd.         | 100% owned by Parent                                                   | Cayman Islands               
|Trico Marine International Holdings B.V. | 100% owned by Parent                                                   | Netherlands                  
|Trico Marine International, Inc.         | 100% owned by Trico Marine Assets, Inc.                                | Louisiana                    
|Trico Supply ASA                         | 100% owned by Trico Marine International Holdings B.V.                 | Norway                       
|Trico Shipping AS                        | 100% owned by Trico Supply ASA                                         | Norway                       
|Trico Supply (UK) Limited                | 100% owned by Trico Supply ASA                                         | England and Wales            
|Albyn Marine Limited                     | 100% owned by Trico Supply (UK) Limited                                | England and Wales            
|Trico Servicos Maritimos Ltda.           | 99.99% owned by Parent and 0.01% owned by Trico Marine Operators, Inc. | Brazil
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Joseph Rubino,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04656-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: December 20, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9482 Filed 12/28/17 Page 1 of 1
Exhibit 32.1

Written Statement of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

The undersigned, the Chief Executive Officer of Central European Distribution Corporation (the Company), hereby
certifies that, to his knowledge on the date hereof:



| | (a) | the Form 10-Q of the Company for the quarterly period ended September 30, 2008, filed on the date hereof 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
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/ William V. CareyWilliam V. CareyChairman, President and Chief Executive OfficerNovember 10, 2008
Exhibit
      32.1








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 on Form 10-Q of The Student Loan
      Corporation (the Company) for the quarterly period ended March 31, 2006, as
      filed with the Securities and Exchange Commission on the date hereof (the
      Report), Michael J. Reardon, as Chief Executive Officer of the Company, and
      Daniel P. McHugh, as Chief Financial Officer of the Company, each hereby
      certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
      Sarbanes-Oxley Act of 2002, that:





(1)
            The
                Report fully complies with the requirements of section 13(a) or 15(d)
                of
                the Securities ExchangeAct of 1934; and





(2)
            The
                information contained in the Report fairly presents, in all material
                respects, the financialcondition
                and results of operations of the
                Company.





/s/
                Michael J. ReardonMichael
                J. ReardonChief
                Executive OfficerMay
                9, 2006/s/
                Daniel P. McHughDaniel
                P. McHughChief
                Financial OfficerMay
                9, 2006








This
      certification accompanies each Report pursuant to §906 of the Sarbanes-Oxley Act
      of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
      Act
      of 2002, be deemed filed by the Company for purposes of §18 of the Securities
      Exchange Act of 1934, as amended.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
Case 2:15-mj-01647-JFM Document 4 Filed 09/03/15 Page 1 of 3
Case 2:15-mj-01647-JFM Document 4 Filed 09/03/15 Page 2 of 3
Case 2:15-mj-01647-JFM Document 4 Filed 09/03/15 Page 3 of 3
<PAGE>
                                                                   EXHIBIT 10.24


                                                                  April 22, 2003



Citicorp North America, Inc.
as Administrative Agent
390 Greenwich Street
New York, New York 10013

The Lenders signatory to the Credit
Agreement referred to below


          $305,000,000 AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT

Ladies and Gentlemen:


We refer to the Amended and Restated Revolving Credit Agreement dated as of
April 4, 2003, among the undersigned, as Borrower, the Lenders, the Issuers (as
defined therein), Citicorp North America, as administrative agent for the
Lenders and the Issuers (in such capacity, the "ADMINISTRATIVE AGENT"), Fleet
National Bank as documentation agent and Salomon Smith Barney Inc. as sole
arranger and sole book manager (the "CREDIT AGREEMENT").


This letter shall serve as notice that, pursuant to the requirements of SECTION
2.19 (FACILITY INCREASE) of the Credit Agreement, the undersigned hereby
requests an increase in the aggregate Revolving Credit Commitments by
$10,000,000 (the "FACILITY INCREASE"). The Facility Increase is being offered to
all existing Lenders, but we understand that Washington Mutual Bank, FA has
agreed to participate in the Facility Increase for the full $10,000,000 should
none of the other existing Lenders wish to participate.


Consistent with Section 2.19, we hereby certify that as of the date hereof, (i)
the Borrower is in PRO FORMA compliance with the financial covenants set forth
in ARTICLE V (FINANCIAL COVENANTS) of the Credit Agreement and (ii) that no
Default or Event of Default has occurred and is continuing.



                                           Very truly yours,

                                           TECHNICAL OLYMPIC USA, INC.




                                           By: /s/ Tommy L. McAden
                                              ----------------------------------
                                                 Name: Tommy L. McAden
                                                 Title: Vice President - Finance
                                                        and Administration and
                                                        Chief Financial Officer
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#### STATE OF NEW JERSEY v. GARY STEVENSON.

September 26, 1989.

Petition for certification denied.
Return
      to Main Document




**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 of Mexoro Minerals Ltd.. (the "Company")
      on
      Form 10-QSB for the period ending May 31, 2006 (the "Report"), I, Tracy A.
      Moore, 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 requirement 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 Company's financial position and results of operations.











By:
                /s/Tracy A. MooreTracy
                A. Moore, Chief Financial Officer




July
      17,
      2006
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Charlene Jackson, 

Plaintiff, 

v. 

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-04011-PHX-DGC 

WAIVER OF THE SERVICE OF SUMMONS 

To: Moody Law Firm, Inc. 

(Name of plaintiff’s attorney or unrepresented plaintiff) 

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. 

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. 

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. 

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/1/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent. 

Date: November 6, 2017 /s/ Richard B. North, Jr. 

Signature of the attorney or unrepresented party 

C. R. Bard, Inc. and Bard Peripheral 

Vascular, Inc.

Printed name of parties waiving service of 

summons 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed Name 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail Address 

(404) 322-6155 

Telephone number 

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 8625 Filed 11/06/17 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 8625 Filed 11/06/17 Page 2 of 2
#### RESIDENTIAL TECHNOLOGY, INC. v. ALICE WYBERNEC.

July 11, 1989.

Petition for certification denied.