alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Louisville & Nashville R. R. Co. v. Watson.

Railroads — Negligence for Killing Stock — Limitations.

A limitation for beginning an action against a railroad company for killing stock, by an amendment of the acts of the legislature, and that the “Louisville and Nashville R. R. Company shall rely on the same limitations for the «ame causes etc.,” is held to enure to the benefit of said L. & N. R. R. Company, though not expressed in specific words.

APPEAL FROM LOGAN CIRCUIT COURT.

October 5, 1869.

Opinion of the Court by

Judge Williams:

One of the trains operated by appellant having run against and killed the mare of appellee, to a suit for damages appellant pleaded, in the second paragraph of its answer, that the cause of action complained of had accrued more than six months before the bringing of said suit, and hence the plaintiff was barred by lapse of time, to which the court sustained a demurrer and exception thereto was taken; upon trial the plaintiff recovered a verdict and judgment which appellant seeks to reverse, mainly on the single question of bar by lapse of time. There is no contrariety of evidence as to the fact that the killing of the mare occurred about seven months before suit was brought.

By an amendment to the charter of the Louisville & Frankfort Railroad Company, of February 23, 1856, Sess. Acts, 315, in section 7, it was enacted that

> “All suits brought against said company for stock or other property injured or killed on the aforesaid road, must be brought within six months next after such injury or killing is done.”

By an amendment to the charter of the Louisvilel & Nashville Railroad Company, of February 6, 1858, Sess. Acts, 293, it is provided in section 6,

> “That the Louisville & Nashville Railroad Company, for *438the main line and its branches XXX shall have the right to plead and rely on the same limitation for the same canses of action provided for”

Rhea, *for appellant.*

James, *for appellee.*

the Lexington *&*Frankfort and Louisville & Frankfort Railroad Companies by their charters and amendments thereto.

There can be no doubt but that for injuries to stock since the enactment of February 23, 1856, that the Louisville & Frankfort Railroad Company may rely upon the lapse of six months as a bar and as little doubt that for such injuries since the enactment of February 6, 1858, the Louisville & Nashville Railroad Company may also rely upon such lapse of time as a bar, for however impolitic such enactments may be, they are clearly constitutional and valid and'courts are compelled to administer them.

Wherefore, the judgment is reversed, with directions for a new trial and that the demurrer to said second paragraph of defendant’s answer be overruled, and for further proceedings consistent herewith.
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.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2014-N-0078]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that a collection of information entitled “Animal Drug User Fee Cover Sheet” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

# FOR FURTHER INFORMATION CONTACT:

                        FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002,                         *PRAStaff@fda.hhs.gov.*

# SUPPLEMENTARY INFORMATION:

                    On July 8, 2014, the Agency submitted a proposed collection of information entitled “Animal Drug User Fee Cover Sheet” to OMB for review and clearance under 44                           ( print page 61874)                        U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910-0539. The approval expires on August 31, 2017. A copy of the supporting statement for this information collection is available on the Internet at                     *http://www.reginfo.gov/​public/​do/​PRAMain.*

Dated: October 9, 2014.

Leslie Kux,

Assistant Commissioner for Policy.

[FR Doc. 2014-24444 Filed 10-14-14; 8:45 am]

BILLING CODE 4164-01-P
#### George W. Green *v.*T. Merriweather’s Admrs.

Action Against Administrator — Proper Demand — Affidavits.

A creditor’s petition against an administrator may be dismissed upon a rule to show proper demand, but this would not be a bar to another suit after such proper demand.

APPEAL FROM SHELBY CIRCUIT COURT.

September 30, 1869.

Roberts, *for appellant.*

*Robinson*& Foree, *for appellees.*

Opinion of the Court by

Judge Williams:

As the appellant’s petition was discharged on a rule to show whether he had made the proper demand of the administrator of T. Merriweather accompanied with the necessary affidavits, the judgment thereon could not be a bar to another suit after such proper demand.

Whether or no the affidavit of the justice of this account would have justified the administrator in settling the account had he seen proper to do so, need not be determined, for it was certainly no evidence in court on issue.

The rule being properly granted and made absolute, there is no error perceived, hence the judgment is *affirmed.*
EXHIBIT 99(b)





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 United Rentals, Inc. (the Company) on Form 10-Q for
the quarter ended June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Nolan, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





| | 1. |  | the Report fully complies with the requirements of section 13(a) 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/    MICHAEL J. NOLANMichael J. Nolan Chief
Financial Officer





August 14, 2002
Case 4:15-cr-01723-RCC-DTF Document 487 Filed 04/23/18 Page 1 of 1
#### STATE OF NEW JERSEY v. ALFRED G. CRAWFORD.

June 27, 1989.

Petition for certification denied.
Case 2:15-mj-01706-JFM Document 4 Filed 09/24/15 Page 1 of 3
Case 2:15-mj-01706-JFM Document 4 Filed 09/24/15 Page 2 of 3
Case 2:15-mj-01706-JFM Document 4 Filed 09/24/15 Page 3 of 3
Motion Granted in Part and Denied in Part; Appeal Dismissed and 

Memorandum Opinion filed October 13, 2022.

In The

Fourteenth Court of Appeals

NO. 14-20-00473-CV

AVALON ADVISORS, LLC, Appellant

V.

CHARLES JUSTIN LUKE, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2018-84191

MEMORANDUM OPINION

This is an appeal from a judgment signed June 24, 2020. Pursuant to a 

notification from the parties that they had reached a settlement, we abated the 

appeal on September 20, 2022. On October 3, 2022, appellant notified this court 

that the parties have settled, and appellant moved to dismiss its appeal. See Tex. R. 
2

App. P. 42.1(a)(1). The motion to dismiss does not reflect that appellee 

agreed to the motion.

The motion is granted in part as to the dismissal of the appeal. Id. The 

motion is denied in part as to appellant’s request that “costs [are] to be taxed

against the party incurring the same.”

1 Tex. R. App. P. 42.1(d) (“Absent agreement 

of the parties, the court will tax costs against the appellant.”).

The appeal is reinstated and dismissed.

PER CURIAM

Panel consists of Justices Wise, Spain, and Hassan

1

It appears all costs were initially paid by appellant.
#### STATE OF NEW JERSEY v. JOSEPH CLAY.

July 11, 1989.

Petition for certification granted. (See 230 *N.J.Super.*509)
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 488 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 488

 To authorize the Secretary of the Interior to enter into an agreement 
 with the Arch Hurley Conservancy District in New Mexico, authorizing 
  the District to prepay any present value amounts outstanding under 
                 water reclamation repayment contracts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1997

Mr. Richardson introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of the Interior to enter into an agreement 
 with the Arch Hurley Conservancy District in New Mexico, authorizing 
the District to prepay any amounts outstanding under water reclamation 
                          repayment contracts.

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

SECTION 1. PREPAYMENT OF CERTAIN WATER RECLAMATION REPAYMENT 
              OBLIGATIONS RELATING TO TUCUMCARI WATER RECLAMATION 
              PROJECT.

    The Secretary of the Interior may enter into an agreement with the 
Arch Hurley Conservancy District in New Mexico, authorizing the 
District to prepay any present value amounts outstanding under 
repayment contracts between the United States and the District with 
respect to the Tucumcari water reclamation project in San Miguel and 
Quay Counties, New Mexico.
                                 <all>
```
**IN THE SUPREME COURT OF TEXAS**

No. 09-0518

IN RE  CONTINENTAL AIRLINES, INC.

On Petition for Writ of Mandamus

**ORDERED:**

1.Relator’s motion for emergency stay, filed June 30, 2009, is granted.   The Amended Order on Petitioner Cynthia S. Herrera, as Attorney in Fact for Sylvia C. Tena's Verified Petition to Take Deposition Before Suit, dated June 24, 2009, in Cause No. C-1223-09-J, styled *Cynthia A. Herrera, as Attorney in Fact for Sylvia C. Tena*, in the 430th District Court of Hidalgo County, Texas, is stayed pending further order of this Court.

2.The real party in interest is requested to respond to relator’s petition for writ of mandamus on or before 3:00 p.m., July 10, 2009.

3.The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this July 1, 2009.

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
#### IN THE MATTER OF THE TENURE HEARING OF RICHARD WOLF, SCHOOL DISTRICT OF THE BOROUGH OF NATIONAL PARK, GLOUCESTER COUNTY.

June 27, 1989.

Petition for certification denied. (See 231 *N.J.Super.*365)
mcdermottpromotionletter






April 6, 2021  Dear Adrian,  Congratulations on your new role of Chief Technology Officer, effective April 5, 2021 (the  “Transition Date”)! In recognition of your new role and to incentive future technological  innovations, we would like to offer you the equity grants described below.   RSU Award:  We will recommend to the Company’s Board of Directors (“Board”), or a  delegate of the Board, that you be granted Restricted Stock Units (“RSUs”) for shares of the  Company’s Common Stock representing a targeted value of $500,000.  The actual number of  shares recommended to the Board will be based on the greater of an average closing market  price of the Company’s common stock over a 30 trading day period preceding the Board  meeting that follows your Transition Date or a floor price determined on a quarterly basis. Your  RSUs will vest annually over a three-year vesting schedule, subject in each case to your  continuous service to the Company through each vesting date. The terms and conditions  associated with any RSUs granted to you, including vesting and other conditions, will be  governed by the Company’s 2014 Stock Option and Incentive Plan (the “Plan”) and any  associated restricted stock unit award agreement that you may be required to enter with the  Company.   Option Award:  In addition to RSUs, we will recommend to the Board, or a delegate of the  Board, that you be granted an option (“Option”) to purchase shares of the Company’s Common  Stock representing a value of $500,000 (the “Value”).  In determining the number of shares  underlying the Option, our goal is to approximate the financial value of the Option over time.  We  do so by doubling the Value and then dividing the result by either the greater of an average  closing market price of the Company’s common stock over a 30 trading day period preceding the  Board meeting that follows your Transition Date or a floor price determined on a quarterly basis.  The exercise price per share of the Option will be the closing price of the Common Stock as  listed on the NYSE on the effective date of grant of the Option, as approved by the Board.  Your  Option will vest annually over a three-year vesting schedule, subject in each case to your  continuous service to the Company through each vesting date. The terms and conditions  associated with any Option granted to you, including vesting and other conditions, will be  governed by the Company’s 2014 Stock Option and Incentive Plan (the “Plan”) and any  associated stock option agreement that you may be required to enter with the Company.  Except as specifically stated above, the terms and conditions of your employment remain  unchanged. On behalf of Zendesk, I would like to thank you for your numerous contributions to  the company and wish you continued success in your career here.  Very truly yours,  DocuSign Envelope ID: DADB0F80-56B0-4CD4-BCCC-5A27BD98AC17 Exhibit 10.3 





 






Mikkel Svane        Mikkel Svane  Chief Executive Officer   Signature:________________________ ______________________________  Adrian McDermott Date DocuSign Envelope ID: DADB0F80-56B0-4CD4-BCCC-5A27BD98AC17 5/3/2021
<PAGE>

                                                                    EXHIBIT 32.1

                  CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
   PURSUANT TO RULE 13a-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350.

      In connection with the Quarterly Report on Form 10-Q of Penwest
Pharmaceuticals Co. (the "Company") for the period ended September 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Robert J. Hennessey, President and 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.

Dated: November 7, 2005              /s/ Robert J. Hennessey
                                     -------------------------------------
                                     Robert J. Hennessey
                                     President and Chief Executive Officer
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Ronald Marshall,

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-17-04137-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: November 27, 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 9001 Filed 11/30/17 Page 1 of 1
```

                                  Exhibit 3.4

               CERTIFICATE OF AMENDMENT OF RESTATED CERTIFICATE OF
                   INCORPORATION OF NETWORK PERIPHERALS INC.

      Network Peripherals Inc., a corporation duly organized and existing under
the General Corporation Law of the State of Delaware (the "Corporation", does
hereby certify that:

      1.    The amendment to the Corporation's Certificate of Incorporation set
            forth below was duly adopted in accordance with the provisions of
            Section 242 and has been consented to by the stockholders at a
            meeting called in accordance with Section 222 of the General
            Corporation Law of the State of Delaware.

      2.    Article FIRST is amended to read in its entirety as follows:

            "The name of the corporation is FalconStor Software, Inc. (the
            "Corporation").

      3.    Article FOURTH, subparagraph (A), is amended to read in its entirety
            as follows:

            "(A) Classes of Stock. The Corporation is authorized to issue two
            classes of stock to be designated, respectively, "Common Stock" and
            "Preferred Stock." The total number of shares which the Corporation
            is authorized to issue is One Hundred and Two Million (102,000,000)
            shares. One Hundred Million (100,000,000) shares shall be Common
            Stock, $0.001 par value per share, and Two Million (2,000,000)
            shares shall be Preferred Stock, $0.001 par value per share."

      IN WITNESS WHEREOF, said Corporation has caused this Certificate to be
signed and attested by its duly authorized officer on this 22nd day of August,
2001

                                               /s/ James Regal
                                               -------------------------
                                               James Regel,
                                               Chief Executive Officer
```
#### STATE OF NEW JERSEY v. BENJAMIN BARKLEY.

April 19, 1989.

Petition for certification denied.
#### RAJESHWAR SINGH YADAV v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WEST WINDSOR, ET AL.

May 30, 1989.

Petition for certification denied.
```

                                                                    Exhibit 23.1

                         CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
FalconStor Software, Inc.

We consent to the  incorporation  by  reference  in the  registration  statement
(number 333-69834) filed on Form S-8, and in the registration  statement (number
333-69830) filed on Form S-3, of FalconStor  Software,  Inc. of our report dated
January 28, 2002,  relating to the  consolidated  balance  sheets of  FalconStor
Software,  Inc.  and  subsidiaries  as of December  31,  2001 and 2000,  and the
related  consolidated   statements  of  operations,   stockholders'  equity  and
comprehensive  loss, and cash flows for the year ended December 31, 2001 and the
period from  inception  (February  10, 2000)  through  December 31, 2000,  which
report appears in the December 31, 2001 Annual Report on Form 10-K of FalconStor
Software, Inc.

                                                /s/ KPMG LLP

Melville, New York
March 27, 2002
```
Document

Exhibit 10.5







Amendment No. 3 to Irrevocable Letter of Credit No. 2018-08




January 26, 2021




Insurance Commissioner, State of California
c/o Chief, Securities Transaction Unit
300 Capitol Mall, Suite 1700


Greetings:


As directed by Insurance Commissioner, State of California, the beneficiary, and for the account of Employers Assurance Company, Reno, Nevada, the Federal Home Loan Bank of San Francisco hereby amends its Irrevocable Standby Letter of Credit No. 2018-08 (the “Letter of Credit”), dated March 9, 2018, by decreasing the Credit Amount (as defined in the Letter of Credit) from $80,000,000 to $50,000,000. 


This document and the document first establishing the Letter of Credit (including any amendments) together constitute the Letter of Credit. Except as specifically amended herein, the terms and conditions of the Letter of Credit remain in full force and effect.






Very truly yours,




Federal Home Loan Bank of San Francisco


By                Title
 /s/ John “JJ” Jaravata     Associate Director