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

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 16-3422

_____________

ROGER VANDERKLOK

v.

UNITED STATES OF AMERICA; 

TRANSPORTATION SECURITY ADMINISTRATION (TSA); 

CHARLES KIESER, TSA; CITY OF PHILADELPHIA; 

RAYMOND PINKNEY, Philadelphia Police; 

DETECTIVE M. WOJCIECHOWSKI, Philadelphia Police; 

KENNETH FLAVILLE, Philadelphia Police; 

JEH JOHNSON, Department of Homeland Security; 

JOHN S. PISTOLE, TSA

 Charles Kieser, TSA,

 Appellants 

_______________

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. No. 2-15-cv-370)

District Judge: Hon. Gerald J. Pappert

_______________

ARGUED

March 23, 2017

Before: SMITH, Chief Judge, JORDAN, and ROTH, Circuit Judges.

(Filed: August 22, 2017)

_______________

ORDER TO AMEND OPINION

_______________
2

JORDAN, Circuit Judge.

IT IS NOW ORDERED that the above captioned opinion be amended as follows: 

Page 39, the third line, “Kaiser” shall be changed to “Kieser”.

By the Court: 

 s/ Kent A. Jordan 

Circuit Judge 

DATED: August 25, 2017
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TERM NOTE

$200,000                                                   Denver, Colorado
                                                           December 9, 1996


     For value received, the undersigned, CARLYLE GOLF, INC., a Colorado
corporation (the "Borrower"), hereby promises to pay to the order of
NORWEST BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender"), at
its main office in Minneapolis, Minnesota, or at any other place
designated at any time by the holder hereof, in lawful money of the United
States of America and in immediately available funds, the principal sum of
Two Hundred Thousand and no/100 Dollars ($200,000) or, if less, the
aggregate unpaid principal amount of all advances made by the Lender to
the Borrower hereunder, together with interest on the principal amount
hereunder remaining unpaid from time to time, computed on the basis of the
actual number of days elapsed and a 360-day year, from the date hereof
until this Note is fully paid at the rate from time to time in effect
under the Credit and Security Agreement dated July 7, 1995, by and between
the Lender and the Borrower, as amended (the "Credit Agreement").  The
principal hereof shall be payable in monthly installments in the amount
set forth in the Credit Agreement, commencing on February 1, 1997 and
continuing on the first day of each month thereafter until March 31, 1997,
when the outstanding principal balance hereof shall be due and payable in
full.  Interest accruing thereon shall be due and payable on the first day
of each month and on maturity or earlier payment in full.  This Note may
be prepaid only in accordance with the Credit Agreement.

     This Note is issued pursuant, and is subject, to the Credit
Agreement, which provides, among other things, for acceleration hereof. 
This Note is the Term Note referred to in the Credit Agreement.

     This Note is secured, among other things, pursuant to the Credit
Agreement and the Security Documents as therein defined, and may now or
hereafter be secured by one or more other security agreements, mortgages,
deeds of trust, assignments or other instruments or agreements.

     The Borrower hereby agrees to pay all costs of collection, including
attorneys' fees and legal expenses in the event this Note is not paid when
due, whether or not legal proceedings are commenced.

     Presentment or other demand for payment, notice of dishonor and
protest are expressly waived.

                              CARLYLE GOLF, INC.


                              By: /s/Jerome M. Hause
                              Its: President
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. AP -76,967

EX P ARTE JIMMY LAWSON THORNTON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 65,279 IN THE 47 DISTRICT COURT T H F ROM P OTTE R COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1 9 6 7 ). Applicant was convicted of driving while intox icated a

nd sentenc ed to ten year s’ imprisonment. Applicant contends that he was denied the right to appea l this sentenc e. The State and appellate counsel agree that Applicant should be a ble to file an out-of-time appeal due to a breakdown in the sy stem. Ex parte Riley , 193 S.W .3d 900 (Tex. Crim. App. 2003). We agre e. Applicant is entitled to the opportunity to file an out-of-time appea l of the judgme nt of conviction in Cause No. 65,279 from the 47 District Court of Potter County

. Applicant t h2

is order ed returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of counsel, obtain a meaning ful appea l. Within ten day s of the issuance of this opinion, the trial court shall deter

mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appeal. All time limit s shall be calc ulated as if the sentenc e had been imposed

on th e d at e o n wh i ch the mandate of this Court issues. We hold that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appea l in the trial court within 30 day s after

the mandate of this Court issues. Copies of this opinion shall be sent to the Texas Dep a r tm ent of Criminal J ustice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: Februar

y 6, 2013 Do not publish
*No.*13,639.

#### The State, ex rel. Price et al., *v.*The Hinsdale-Doyle Granite Company et al.

*Bond.*— Contractor *for County Building.*— Liability *of Sureties.*— Debts *Incurred by Subcontractor.*— Sureties on a bond given under section 4246, B. S. 1881, by a contractor for the construction of a county building are not liable for debts incurred by a subcontractor.

From the Grant Circuit Court.

*W. L. Lenfesty*and *J. L. Custer,*for appellants.

*H. Brownlee, for*appellees.

Berkshire, J. —

This is a suit upon a bond executed pursuant to section 4246, R. S. 1881.

The only error assigned is error of the court in overruling the motion for a new trial.

There are three reasons stated in the motion :

I. The decision of the court is contrary to law.

2. The decision of the court is not supported by sufficient evidence.

3. The decision of the court is contrary to the evidence.

The facts, as we find them in the record, are about these: On the 14th day of July, 1880, the appellees executed the bond sued upon to secure the performance of a contract thereafter on the 17th day of the same month entered into by the Hinsdale-Doyle Granite Company with the board of commissioners of Grant county, State of Indiana, for the erection of a court-house; that after the execution of the contract, said company sublet a part of the work to one *~W.*D. Richardson, who thereafter, and in the execution of his part of the work, contracted the indebtedness alleged in the complaint to be due to the relators; that the purchases were all made by the said Richardson and the credit given to him.

There is no stipulation in the bond that the obligors there*477in shall respond to any liability incurred or indebtedness created by a subcontractor, nor is there anything in the statute extending the liability beyond the default of the contractor.

Filed March 6, 1889.

We can imagine no principle or theory whereby the appellees can be compelled to answer for the indebtedness alleged to -be due to the relators. They have the right to stand upon the terms and conditions of their bond. We are not without authority to sustain the conclusion to which we have arrived. *Faurote v. State, ex rel.,*111 Ind. 463, and *Faurote*v. *State, ex rel.,*111 Ind. 73, are cases in point.

Those were suits brought on a bond given to secure the completion of a gravel road to recover for work and labor performed for and materials furnished to a subcontractor.

In those cases said section 4246 of the statutes was construed, and it was held that the liability on the bond did not extend to debts incurred by a subcontractor. See *McCluskey*v. *Cromwell,*11 N. Y. 593.

The judgment is affirmed, with costs.
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Exhibit 4.3    
  


        The
Rules of the Barclays Group Performance Share Plan have been incorporated by reference to the 2000 Form 20-F filed with the SEC on April 16, 2001. 









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Exhibit 4.3
**Exhibit 31.1**

 

**Certifications**

 

I, Barrett J. O’Connor, certify that:

 

I have reviewed this quarterly report on Form 10-Q of EFC Bancorp,Inc.;

 

Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;

 

Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

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

 

(a)          Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)         Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

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

 

----

 

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

 

(a)          All significant deficiencies and materialweaknesses in the design or operation of internal controls over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)         Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 
|   | August 12, 2004         |
|--------|------------------------------|
|   | /s/ Barrett J. O’Connor |   |
|   | Barrett J. O’Connor     |
|   | Chief Executive Officer      |

 

----
I

105TH CONGRESS

2D SESSION H. R. 4829

To authorize the Secretary of the Interior to transfer administrative jurisdiction over land within the boundaries of the Home of Franklin D. Roosevelt National Historic Site to the Archivist of the United States for

the construction of a visitor center, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 14, 1998

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

Committee on Resources

A BILL

To authorize the Secretary of the Interior to transfer administrative jurisdiction over land within the boundaries of

the Home of Franklin D. Roosevelt National Historic

Site to the Archivist of the United States for the construction of a visitor center, and for other purposes.

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

3 SECTION 1. VISITOR CENTER FOR HOME OF FRANKLIN D.

4 ROOSEVELT NATIONAL HISTORIC SITE.

5 (a) TRANSFER OF ADMINISTRATIVE JURISDIC6 TION.—The Secretary of the Interior may transfer to the

7 Archivist of the United States administrative jurisdiction
2

•HR 4829 IH

1 over land located in the Home of Franklin D. Roosevelt

2 National Historic Site, for use by the Archivist for the

3 construction of a visitor center facility to jointly serve the

4 Home of Franklin D. Roosevelt National Historic Site and

5 the Franklin D. Roosevelt Presidential Library, located in

6 Hyde Park, New York.

7 (b) CONDITIONS OF TRANSFER.—

8 (1) PROTECTION OF THE SITE.—The transfer

9 authorized in subsection (a) shall be subject to an

10 agreement between the Secretary and the Archivist

11 that shall include such provisions for the protection

12 of the Home of Franklin D. Roosevelt National His13 toric Site and the joint use of the facility to be con14 structed as the Secretary and the Archivist may con15 sider necessary.

16 (2) CONSIDERATION.—A transfer made pursu17 ant to subsection (a) shall be made without consider18 ation or reimbursement.

19 (3) TERMINATION.—If use by the Archivist of

20 the land referred to in subsection (a) is terminated

21 by the Archivist at any time, administrative jurisdic22 tion over the land shall automatically revert to the

23 Department of the Interior.

24 (c) DESCRIPTION OF LAND.—The land referred to in

25 subsection (a) shall consist of not more than 1 acre of
3

•HR 4829 IH

1 land as may be mutually agreed to by the Secretary and

2 the Archivist and more particularly described in the agree3 ment required under subsection (b)(1).

Æ
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**EXHIBIT99.3**

 

**CITIBANK OMNI-S MASTER TRUST SERVICER'S CERTIFICATE**

 

The undersigned, a duly authorized representative of Citibank (South Dakota), National Association ("CBSD") as Servicer pursuant to the Pooling and Servicing Agreement dated as of July 31, 1994, as amended, by and among CBSD (as successor to Sears, Roebuck and Co.), as Servicer, Citi Omni-S Finance LLC (as successor to SRFG, Inc.), as Seller, and The Bank of New York (successor trustee to Bank One, National Association (formerly, The First National Bank of Chicago)), as Trustee, hereby certifies that:

 
|   | 1.     | As of the close of business on December 5, 2005, CBSD was the Servicer under the Pooling and Servicing Agreement.                                                                                                               |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                            |
|   | 2.     | The undersigned is duly authorized pursuant to the Pooling and Servicing Agreement to execute and deliver this Certificate to the Trustee.                                                                                      |
|   |   |                                                                                                                                                                                                                            |
|   | 3.     | During the period from and including January 1, 2005 to and including December 5, 2005, in the course of my duties as a Servicing Officer of the Servicer, I would normally obtain knowledge of any Servicer Termination Event. |
|   |   |                                                                                                                                                                                                                            |
|   | 4.     | To the best of my knowledge, no Servicer Termination Event has occurred.

                                                                                                                                                 |

 

          IN WITNESS WHEREOF, the undersigned has duly executed this certificate as of the 22nd day of March, 2006.

 

 
|   | By:  /s/ Andrew J. Lubliner                Andrew J. Lubliner        Servicing Officer |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

 

 

 

 

----