alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hugh Priessler *v.*Anthony Shwaberton, &c.

Vendor and Purchaser — Fraudulent Eepresentation as to Quantity — Deficit.

Appellant’s deed, under 'which he claimed, contained only 206 acres, and he represented the tract to appellees as containing 250 acres,, which representation may be inferred from the fact that in his deed he conveyed it as containing 250 acres, more or less. Held, that the appellant had reasons to believe that there were not 250 acres in the tract, and he should, therefore, be made responsible for the deficit, at the price, pro rata, at which he sold it.

Pleadings — Averment and Prayer not Sufficient.

Where the averments and prayer are not sufficient, no judgment can be rendered thereon.

APPEAL FROM HARDIN CIRCUIT COURT.

February 5, 1870.

*621
      *O. H.*Stratton, *for appellant.*

*Cofer, for appellees.*

Opinion of the Court by

Judge Peters:

If as charged in appellees’ amended answer and cross petition, appellant's deed under which he claims from Coe’s heirs, contained only 205 acres, and he represented the tract to them as containing 250 acres, which may be inferred from the fact that in his deed he conveys it as containing 250 acres, more or less, and he had reason to believe there were not. that number of acres in the tract, he should be made responsible for the deficit, at the price *pro raía*at which he sold the land, for he does not deny in his answer to the amended cross petition that Coe’s deed to him only contained 205 acres, the fraudulent representation. And the judgment should have been sustained if their cross action had contained a prayer authorizing the relief.

But in both their cross actions they pray for a judgment on the express terms and conditions that Wale shall recover of them for said deficit in the tract. And although appellant in his answer to the amended cross petition controverted their right to recover against him, on the ground .that Wale had dismissed his suit against them and had not, and could not, recover against them for said deficit; they do not amend and charge that they' had paid Wale and settled his demand, nor allege that they ought, and pray unconditionally for a judgment, and even after they were thus warned they failed to amend.

Wherefore for the want of sufficient averments and prayer, the judgment is reversed and the cause is remanded with directions to dismiss appellee’s cross petition, unless they shall within reasonable time, offer to amend the same.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Sophelia Johnson-Winfrey,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04301-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Babbitt & Johnson, PA

(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 11/29/2017, 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: December 8, 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 9390 Filed 12/15/17 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 9390 Filed 12/15/17 Page 2 of 2
Begun and held at the City o Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To limit the transfer of certain Commodity Credit Corporation funds between conservation programs for technical assistance for the programs.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Section 1241 of the Food Security Act of

1985 (16 U.S.C. 3841) is amended by striking subsection (b) and

inserting the following:

‘‘(b) TECHNICAL ASSISTANCE.—Effective for fiscal year 2005 and

each subsequent fiscal year, Commodity Credit Corporation funds

made available for each of the programs specified in paragraphs

(1) through (7) of subsection (a)—

‘‘(1) shall be available for the provision of technical assistance for the programs for which funds are made available;

and

‘‘(2) shall not be available for the provision of technical

assistance for conservation programs specified in subsection

(a) other than the program for which the funds were made

available.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

takes effect on October 1, 2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
Exhibit 20(a)
ANNUAL SERVICER'S CERTIFICATE
FINGERHUT MASTER TRUST


	The undersigned, a duly authorized representative of Axsys
National Bank (formally know as Fingerhut National Bank), as the
Servicer pursuant to the Amended and Restated Pooling and
Servicing Agreement dated as of March 18, 1998, (the "Pooling and
Servicing Agreement"), by and among Fingerhut Receivables, Inc.
(the "Transferor"), Axsys National Bank, as Servicer and The Bank
of New York (Delaware), as trustee (the "Trustee") does hereby
certify that:

	1.	Since January 12, 1997, Axsys National Bank has been
the Servicer.

	2.	The undersigned is duly authorized pursuant to the
Pooling and Servicing Agreement to execute and deliver this
Certificate to the Trustee.

	3.	This Certificate is delivered pursuant to Section 3.5
of the Pooling and Servicing Agreement.

	4.	A review of the activities of the Servicer during the
period from January 29, 2000 until February 2, 2001 was conducted
under my supervision.

	5.	Based on such review, the Servicer has, to the best of
my knowledge, fully performed all of its obligations under the
Pooling and Servicing Agreement throughout such period and no
default in the performance of such obligations has occurred or is
continuing except as set forth in paragraph 6 below.

	6.	The following is a description of each default in the
performance of the Servicer's obligations under the provisions of
the Pooling and Servicing Agreement, including any Supplement,
known to me to have been made during such period which sets forth
in detail (i) the nature of each such default, (ii) the action
taken by the Servicer, if any, to remedy each such default and
(iii) the current status of each such default:

		None.

	IN WITNESS WHEREOF, the undersigned has duly executed this
certificate on May 2, 2001.


					AXSYS NATIONAL BANK



					Name:	Tom Spence
					Title:	Chief Financial Officer
zdsk21/sst-59a
2
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#### STATE OF NEW JERSEY v. MAXIMO TURBIDES.

May 2, 1989.

Petition for certification denied.
#### In re: Allen V. JAFFE, Petitioner.

No. 04-2468.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2005.

Decided: Feb. 22, 2005.

*570Allen V. Jaffe, Petitioner pro se.

Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Allen V. Jaffe petitions this court for a writ of mandamus to compel the district court to vacate its October 5, 2004 order imposing sanctions against him and to order the presiding judge to recuse himself. Mandamus is a drastic remedy to be used only in extraordinary circumstances. *Kerr v. United States Dist. Court,*426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Mandamus relief is available only when there are no other means by which the relief sought could be granted, *In re Beard,*811 F.2d 818, 826 (4th Cir.1987), and may not be used as a substitute for appeal, *In re Catawba Indian Tribe,*973 F.2d 1133, 1135 (4th Cir.1992). The party seeking mandamus relief bears the heavy burden of showing he has no other adequate means to obtain the relief sought and that his entitlement to relief is “clear and indisputable.” *Allied Chem. Corp. v. Daiflon, Inc.,*449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980). We deny Jaffe’s petition for writ of mandamus. 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.

*PETITION DENIED*
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                            DEC-31-2000
<PERIOD-START>                               JAN-01-2000
<PERIOD-END>                                 JUN-30-2000
<CASH>                                           111,951
<SECURITIES>                                           0
<RECEIVABLES>                                    740,185
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                 852,136
<PP&E>                                         2,754,294
<DEPRECIATION>                                  (73,458)
<TOTAL-ASSETS>                                 3,532,972
<CURRENT-LIABILITIES>                          1,953,399
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         160,617
<OTHER-SE>                                     1,418,956
<TOTAL-LIABILITY-AND-EQUITY>                   3,532,972
<SALES>                                           27,971
<TOTAL-REVENUES>                                  28,554
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                               2,308,821
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                        0
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    0
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                 (2,280,267)
<EPS-BASIC>                                            0
<EPS-DILUTED>                                          0



</TABLE>
Document

EXHIBIT 4.1




DESCRIPTION OF SECURITIES REGISTERED 
PURSUANT TO SECTION 12 OF 
THE SECURITIES EXCHANGE ACT OF 1934


As of January 31, 2021, Virco Mfg. Corporation (“we”, “us”, “our” or the “Company”) registered under Section 12 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), its common stock, par value $0.01 per share (“Common Stock”).  The following description of our Common Stock is a summary and does not purport to be complete. The description is subject to and qualified in its entirety by reference to our Certificate of Incorporation and Bylaws, each of which is filed or incorporated by reference as exhibits to our Annual Report on Form 10-K of which this Exhibit 4.1 is a part, and certificates of designation that may be approved in the future designating one or more series of preferred stock. 


Description of Common Stock


Voting Rights. Holders of our Common Stock are entitled to cast one vote per share. Holders of our Common Stock are not entitled to cumulate their votes in the election of directors. Generally, all matters to be voted on by stockholders must be approved by a majority (or, in the case of election of directors, by a plurality) of the votes entitled to be cast by all stockholders present in person or represented by proxy, voting together as a single class. Except as otherwise provided by law, amendments to the Certificate of Incorporation must be approved by a majority or, in some cases, a super-majority of the combined voting power of all shares entitled to vote, voting together as a single class.


Dividend Rights. Holders of Common Stock share ratably (based on the number of shares of Common Stock held) if and when any dividend is declared by the board of directors out of funds legally available therefor, subject to any statutory or contractual restrictions on the payment of dividends and to any restrictions on the payment of dividends imposed by the terms of any outstanding preferred stock.


Liquidation Rights. On our liquidation, dissolution or winding up, each holder of Common Stock will be entitled to a pro rata distribution of any assets available for distribution to common stockholders.


Other Matters. No shares of Common Stock are subject to redemption or have preemptive rights to purchase additional shares of Common Stock. Holders of shares of our Common Stock do not have subscription, redemption or conversion rights. There are no redemption or sinking fund provisions applicable to the Common Stock.


Authorized Shares. Our Certificate of Incorporation authorizes the issuance of up to 25,000,000 shares of Common Stock, and up to 3,000,000 shares of preferred stock, par value $0.01 per share.


Listing. The Common Stock is listed for trading on The NASDAQ Stock Market LLC  under the symbol “VIRC”.


Transfer Agent. Computershare acts as the transfer agent and registrar of our Common Stock.
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 March 31, 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 OfficerMay 9, 2008




34
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE THREE-MONTH PERIOD ENDED MARCH 31, 1996 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.  EPS HAS BEEN RESTATED
FOR SFAS 128.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                          28,871
<SECURITIES>                                         0
<RECEIVABLES>                                   29,378
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                    328,423
<CURRENT-ASSETS>                               386,672
<PP&E>                                          15,438
<DEPRECIATION>                                       0<F2>
<TOTAL-ASSETS>                                 475,227
<CURRENT-LIABILITIES>                           32,852
<BONDS>                                        396,779
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                      43,522
<TOTAL-LIABILITY-AND-EQUITY>                   475,227
<SALES>                                         65,794
<TOTAL-REVENUES>                                65,794
<CGS>                                           17,840
<TOTAL-COSTS>                                   40,700
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,126
<INCOME-PRETAX>                                  2,128
<INCOME-TAX>                                       851
<INCOME-CONTINUING>                              1,277
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,277
<EPS-PRIMARY>                                     0.18
<EPS-DILUTED>                                     0.18
<FN>
<F1>RECEIVABLES ARE REPORTED NET OF ALLOWANCES FOR DOUBTFUL ACCOUNTS ON THE BALANCE
SHEET
<F2>PROPERTY, PLANT & EQUIPMENT IS REPORTED NET OF ACCUMULATED DEPRECIATION ON THE
BALANCE SHEET
</FN>


</TABLE>
<PAGE>
                                       
                                   EXHIBIT 21
                            SUBSIDIARIES OF REGISTRANT

HBC Broadcasting Texas, Inc.
HBC Chicago, Inc.
HBC Florida, Inc.
HBC Houston License Corporation
HBC Houston, Inc.
HBC Las Vegas, Inc.
HBC License Corporation
HBC Network, Inc.
HBC New York, Inc.
HBC Phoenix, Inc.
HBC San Diego, Inc.
HBC Texas, Inc.
Heftel GP Texas, Inc.
Heftel Broadcasting Texas, L.P.
KCYT-FM License Corp.
KECS-FM License Corp.
KESS-AM License Corp.
KESS-TV License Corp.
KHCK-FM License Corp.
KICI-AM License Corp.
KICI-FM License Corp.
KLSQ-AM License Corp.
KLVE-FM License Corp.
KMRT-AM License Corp.
KTNQ/KLVE, Inc.
KTNQ-AM License Corp.
La Oferta, Inc.
License Corp. No. 1
License Corp. No. 2
MiCasa Publications, Inc.
Momentum Research, Inc.
Spanish Coast to Coast, Ltd.
T C Television, Inc.
The Tower Company, Inc.
Tichenor License Corp.
Tichenor Media System, Inc.
TMS Assets California, Inc.
TMS License California, Inc.
WADO Radio, Inc.
WADO-AM License Corp.
WGLI-AM License Corp.
WLXX-AM License Corp.
WPAT-AM License Corp.
WQBA-AM License Corp.
WQBA-FM License Corp.
Fourth Court of Appeals

San Antonio, Texas

April 18, 2013

No. 04-13-00013-CV

CITY OF SAN ANTONIO,

Appellant

v.

GREATER SAN ANTONIO BUILDERS ASSOCIATION and Indian Springs LTD.,

Appellees

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2012-CI-19727

Honorable David A. Berchelmann, Jr., Judge Presiding

ORDER

The Appellant’s Motion for Extension of Time to File Brief is GRANTED. The

appellant’s brief is due on May 2, 2013.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of April, 2013.

 ____________________________________

Keith E. Hottle

Clerk of Court
VOL. _____ PAGE _______

MINUTES

Court of Appeals

Fourth Court of Appeals District

San Antonio, Texas

April 18, 2013

No. 04-13-00013-CV

CITY OF SAN ANTONIO,

Appellant

v.

GREATER SAN ANTONIO BUILDERS ASSOCIATION and Indian Springs LTD.,

Appellees

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2012-CI-19727

Honorable David A. Berchelmann, Jr., Judge Presiding

ORDER

The Appellant’s Motion for Extension of Time to File Brief is GRANTED. The

appellant’s brief is due on May 2, 2013.

/s/ Rebeca C. Martinez

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of April, 2013.

 /s/ Keith E. Hottle

Keith E. Hottle

Clerk of Court

ENTERED THIS 18TH DAY OF April, 2013.
#### STATE OF NEW JERSEY v. ANTHONY P. GULLA.

April 19, 1989.

Petition for certification denied.