alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### C. E. Aulick, &c. *v.*James Edwards.

Auction and Auctioneers — Warranty of Soundness by, the Act of the Seller— Affirming a Thing to a Fact Which Is False — Constructive Fraud.

If an auctioneer warrants the soundness of the property sold by him, his act is that of the seller, and if that does not imply a warranty, it would be constructively fraudulent, for to affirm as a fact that which is false, whether known to be so or not, is, in law, a fraud.

Same — Failure of Consideration.

Where property sold by an auctioneer is of no value, on account of unsoundness, at the time of the sale, there is a total failure of consideration which exonerates the purchaser from liability.

APPEAL FROM PENDLETON CIRCUIT COURT.

January 13, 1868.

*607
      *McManama, for appellant.*

Records, *for appellee.*

Opinion of the Court by

Judge Robertson:

If the auctioneer, who sold, the colt for which the note sued on was given, warranted the soundness of the colt, his act was that of the appellee for whom the sale was made to one of the appellants, and, if the auctioneer’s affirmation that the colt was sound did not imply a warranty, it may have been constructively fraudulent; for, to affirm positively as a fact that which is false, whether known to be so or not, is, in law, a fraud.

The facts established on the trial conclusively proved that the colt was unsound when sold, and died of that unsoundness about a week after the day of sale. It was therefore of no value. And consequently, even if there had been neither warranty nor fraud, the total failure of consideration, often adjudged by this court exonerated the purchaser from legal liability for the price or any portion of it. The instruction to the jury, essentially inconsistent with the principles, was therefore erroneous. Consequently, both on the law and the evidence, the circuit court ought, on the motion of the appellants, to have set aside the verdict against them and awarded a new trial, and erred in overruling their motion.

Wherefore the judgment is reversed and the. cause remanded for a new trial.
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EX-4.88





 Exhibit 4.88 

English Summary 
 of

 Agreement on the Disposal of Equity Interest in E-surfing Pay Co., Ltd 

Between 
 Registrant

 and 
 China
Telecommunications Corporation 
 Dated March 26, 2021 

On March 26, 2021, the Registrant and China Telecommunications Corporation entered into an agreement (the “Disposal Agreement”), pursuant to
which the Registrant agreed to sell and China Telecommunications Corporation agreed to purchase all the share capital in E-surfing Pay Co., Ltd (“E-surfing
Pay”) with an investment amount of RMB500,000,000 held by the Registrant (collectively “E-surfing Pay Shares”). 

Consideration and Payment 
 Pursuant to the Disposal
Agreement, the consideration for disposing E-surfing Pay is RMB3,897 million. China Telecommunications Corporation shall pay the consideration in the amount of RMB3,897 million in cash within five
business days after the date on which the approval of People’s Bank of China is obtained (the “Effective Date”). In addition, the Disposal Agreement provides that during the period between December 31, 2020 (the “Appraisal
Benchmark Date”) and the date of payment of the disposal consideration (the “Completion Date”), the rights and obligations attached to the E-surfing Pay Shares shall be enjoyed and carried out
by the Registrant; after the Completion Date, the rights and obligations attached to the E-surfing Pay Shares shall be enjoyed or carried out by China Telecommunications Corporation. The parties have agreed
that E-surfing Pay shall not pay dividends to its shareholders between the Appraisal Benchmark Date and the Completion Date. 

Conditions Precedent 
 The transaction contemplated under
the Disposal Agreement is conditional upon several conditions, including: 
  

	(a)	 None of the relevant government authorities have published or promulgated any laws, rules, regulations, or
policies that prohibit, materially affect or delay the completion of the disposal; and the relevant government authorities and courts having jurisdiction have not issued any order or injunctions, or initiated any investigations, to restrict,
prohibit, or otherwise object to the completion of the disposal; and 


  

	(b)	 All approvals, consents, filings or certificates from the governments or their agents required for the Disposal
Agreement and the disposal (including the approval of the People’s Bank of China) have been obtained, except for legal procedures, as well as relevant documentations, that can only be processed after the completion in accordance with applicable
laws and regulations. 


 Completion 

After the Effective Date of the Disposal Agreement and upon the fulfilment or waiver of all the conditions precedent under the Disposal Agreement, unless
otherwise agreed, the parties should complete the disposal on the date of the payment of the disposal consideration.
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**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in thefollowing listed Registration Statements (Nos. 333-83492, 333-000366, 333-01420, 333-23669, 333-59643, 333-83667, 333-83689, 333-34912, 333-58530, 333-84612, 333-104021, 333-113885, 333-137439, 333-138887 and 333-141612) on Form S-8 and on Form S-3(No. 333-138883) of RF Monolithics, Inc. of our report dated November 24, 2008 relating to our audit of the consolidated financial statements, which appear in this Annual Report on Form 10-K of RF Monolithics, Inc. for the year endedAugust 31, 2008. 

/s/ MCGLADREY & PULLEN, LLP 

Dallas, Texas 

November 24, 2008
<PAGE>

                                                                    EXHIBIT 32.2

           CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b)
       OF THE SECURITIES EXCHANGE ACT OF 1934 AND 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 Penwest
Pharmaceuticals Co. (the "Company") for the period ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, Jennifer L. Good, 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; and

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

Dated: July 30, 2004                   /s/ Jennifer L. Good
                                       ----------------------------------
                                       Jennifer L. Good
                                       Senior Vice President, Finance and Chief
                                       Financial Officer
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T APRI L 28, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o

. 0 8

- 1 6 8 1 4 N o n
- A r g u m e n t C a l e n d a r

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D

. C

. D o c k e t N o

. 0 7

- 0 0 0 5 7

- C R

- C D L

- 4

U N I T E D S T A T E S O F A M E R I C A ,

P l a i n t i f f

- A p p e l l e e ,

v e r s u s

G I N A M I T C H E L L E C A R R O L L ,
D e f e n d a n t

- A p p e l l a n t

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e M i d d l e D i s t r i c t o f G e o r g i a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( A p r i l 2 8 , 2 0 0 9 )

B e f o r e C A R N E S , H U L L a n d W I L S O N , C i r c u i t J u d g e s

.
P E R C U R I A M :

C y n t h i a M a i s a n o , a p p o i n t e d c o u n s e l f o r G i n a M i t c h e l l e C a r r o l l i n t h i s d i r e c tc r i m i n a l a p p e a l , h a s f i l e d a m o t i o n t o w i t h d r a w f r o m f u r t h e r r e p r e s e n t a t i o n ,

s u p p o r t e d b y a b r i e f p r e p a r e d p u r s u a n t t o A n d e r s v
. C a l i f o r n i a , 3 8 6 U

. S

. 7 3 8 , 8 7

S

. C t

. 1 3 9 6 , 1 8 L

. E d

. 2 d 4 9 3 ( 1 9 6 7 )

. O u r i n d e p e n d e n t r e v i e w o f t h e e n t i r e r e c o r d

r e v e a l s t h a t c o u n s e l ’ s a s s e s s m e n t o f t h e r e l a t i v e m e r i t o f t h e a p p e a l i s c o r r e c t

.
B e c a u s e i n d e p e n d e n t e x a m i n a t i o n o f t h e r e c o r d r e v e a l s n o a r g u a b l e i s s u e s o f m e r i t ,

c o u n s e l ’ s m o t i o n t o w i t h d r a w i s G R A N T E D , a n d C a r r o l l ’ s c o n v i c t i o n a n d

s e n t e n c e a r e A F F I R M E D

.

2
#### STATE OF NEW JERSEY v. JOHN SANDERS.

September 6, 1989.

Petition for certification denied.
#### STATE v. GRAY

No. 556A93-2

Case below: Lenior County Superior Court

Motion by defendant to stay proceedings pending U.S. Supreme Court’s decision in *Michens v. Taylor,*00-9285 allowed 16 August 2001.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Reginald Ray Norling,

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-17-04431-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: February 1, 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 9915 Filed 02/02/18 Page 1 of 1
Exhibit 99.10(b)

   
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
  
 
  

   
  

  
   We hereby consent to the incorporation by reference in this Post-Effective Amendment No. 24 to the Registration Statement on Form N-4 (No. 333-176657) (the “Registration Statement”) of our report dated March 25, 2019, relating to the consolidated financial statements and financial statement schedules of Protective Life Insurance Company and subsidiaries for the year ended December 31, 2018. We also consent to the reference to us under the heading “Experts” in such Registration Statement. 
  

   
  

   
  

  
   /s/ PricewaterhouseCoopers LLP
  

   
  

  
   Birmingham, Alabama
  

  
   April 28, 2021
  

   
  

 



  1
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

APPOINTMENTS TO THE JUVENILE 

COURT PROCEDURAL RULES 

COMMITTEE

:

:

:

:

:

NO. 866

SUPREME COURT RULES DOCKET

ORDER

PER CURIAM

AND NOW, this 16th day of February, 2021, Michael A. Dinges, Esquire, Lycoming 

County, Lisa P. Harvey, Esquire, Philadelphia, and Sarah R. Katz, Esquire, Philadelphia, 

are hereby appointed as members of the Juvenile Court Procedural Rules Committee for 

a term of six years, commencing April 1, 2021.
**Exhibit 31.2**

**CERTIFICATION**

I, Joseph E. Byrne, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q/A of The Newark Group, Inc.; 

2. Based on my knowledge, this reportdoes 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 coveredby this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4.The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controlover financial reporting. 

Date: August 31, 2006 

 

A signed original of this written statement required by Section 302 has been provided to the Companyand will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### DIVISION OF ENVIRONMENTAL QUALITY, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. NOREL PLASTICS CORPORATION.

July 11, 1989.

Petition for certification denied.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2743 Introduced in Senate (IS)]

  2d Session
                                S. 2743

 To amend title 38, United States Code, to provide that only licensed 
 medical doctors, licensed doctors of osteopathy, and certain licensed 
  dentists may perform eye surgery at Department of Veterans Affairs 
           facilities or under contract with the Department.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

 Mr. Fitzgerald (for himself, Ms. Cantwell, Mr. Hollings, Mrs. 
        Feinstein, and Mr. Sessions) introduced the following bill; 
        which was read twice and referred to the Committee on Veterans' 
        AffairsYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to provide that only licensed 
 medical doctors, licensed doctors of osteopathy, and certain licensed 
  dentists may perform eye surgery at Department of Veterans Affairs 
           facilities or under contract with the Department.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Eye Treatment Safety (VETS) 
Act of 2004''.

SEC. 2. LIMITATION AS TO PERSONS WHO MAY PERFORM EYE SURGERY FOR 
              DEPARTMENT OF VETERANS AFFAIRS.

    Section 1707 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1) Eye surgery at a Department facility or under contract 
with the Department may be performed only by an individual who is a 
licensed medical doctor, a licensed doctor of osteopathy, or a licensed 
dentist whose practice is limited to the specialty of oral or 
maxillofacial surgery.
    ``(2) For purposes of this subsection, the term `eye surgery' means 
any procedure involving the eye or the adnexa in which human tissue is 
cut, burned, frozen, vaporized, ablated, probed, or otherwise altered 
or penetrated by incision, injection, laser, ultrasound, ionizing 
radiation, or by other means, in order to treat eye disease, alter or 
correct refractive error, or alter or enhance cosmetic appearance. Such 
term does not include the following noninvasive, nonsurgical 
procedures: removal of superficial ocular foreign bodies from the 
conjunctival surface, from the eyelid epidermis, or from the corneal 
epithelium; corneal debridement and scraping; forceps epilation of 
misaligned eyelashes; the prescription and fitting of contact lenses; 
insertion of punctal plugs, diagnostic dilation or irrigation of the 
lacrimal system; the use of diagnostic ultrasound; orthokeratology; or 
the treatment of emergency cases of anaphylactic shock (with 
subcutaneous epinephrine, such as that included in a bee sting kit).''.
                                 <all>
```
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Judy R. Chaney,

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-17-03617-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: October 18, 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 8287 Filed 10/20/17 Page 1 of 1
**BB** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22 - 0 166 STATE OF MONTANA,

Plaintiff and Appellee, v. DAKOTA SCHLICHENMAYER ,

Defendant and Appellant.

**GRANT OF EXTENSION** Upon consideration of Appellee’s motion for a 30 - day extension of time, and good cause appearing therefor, Appellee is gran ted an extension of time to and including February 12 , 2023 , within which to prepare, file, and serve its response brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court January 4 2023

01/04/2023

Case Number: DA 22-0166