alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wm. Applegate, etc., *v.*Otho Nunn.

Contracts — Construction.

The phrase “merchantable coal” as used in a contract for the purchase of coal for use on a steamer, was held to be lump coal, where the kind of coal was not specified.

Words and Phrases.

The phrase “merchantable coal” as used in a contract for the pur- . chase of coal for use on a steamer, was held to be lump coal, where the kind of coal was not specified.

Words and Phrases.

The term “merchantable” imports an article which, when put upon the market, will sell at an average price to those generally desiring to purchase that kind of merchandise, and not such as can be .sold to a few persons for special purposes.

APPEAL FROM CRITTENDEN CIRCUIT COURT.

January 8, 1873.

Opinion by

Judge Lindsay:

The sole question presented by this record is as to the construction to be placed upon the term “Merchantable coal,” as used in the written contract entered into between the parties. Lump coal is certainly merchantable, and is so regarded by both parties, and the evidence shows that when coal is ordered by buyers none but lump coal is sent unless a different kind is mentioned in the order.

Nut coal can sometimes be sold for something more than half as much as the lump. It can be used for special purposes, and can be burned on a few steamers, but for general use, and upon the steamers, generally, lump coal is required. The miners are paid only for the lump coal mined, receiving nothing either for nut coal or slack.

The term “merchantable” imports an article which, when put upon the market, will sell at an average price to those generally desiring to purchase that character of product or mineral, and not such as can be sold to a few persons for special purposes.

It is manifest, from the testimony, that in sending coal to market no reasonably prudent miner would incur the expense of shipping *276nut coal unless, he had assurances that by reason of some special demand he would be able to sell it. Under such proof as this record presents, we are constrained to conclude that the terms of the contract do not require appellant to pay the stipulated price for any other than the lump coal he may mine.

*Bush, for appellant.*

*J. W. Blue, for appellee.*

The parties might have used language that would have made their intention clear and unmistakable. They failed to- do. so, and can have no ground to complain because the- courts can not unerringly divine their intentions.

For the reasons given the judgment of the court of common pleas is. reversed and' the cause remanded for further proceedings consistent with this opinion.
10205.

#### Louisville & Nashville Railroad Co. *v.*Stewart.

Stephens, J.

This was a suit to recover the value of an alleged shortage in a carload shipment of rags, the shortage being the difference in the alleged weight of the rags at the time of their delivery to the defendant' carrier and the weight of the rags when delivered to the consignee. In this case there was no presumption against the railroad company, but *68tlie plaintiff had the burden of affirmatively proving his case. The evidence as to how many pounds of rags were actually loaded in the car is too vague and uncertain to support a recovery for the plaintiff, and the court erred in overruling the motion for a new trial.

Decided July 16, 1919.

Action for damages; from Gordon superior court—Judge Tarver. September 28, 1918.

*Tye, Peeples & Tye, O. N. Stan-, D. W. Blair,*for plaintiff in error.

*A. L. Henson, J. G. B. Erwin Jr., M. B. Eubanhs,*contra.

*Judgment reversed,*

*Broyles, P. J., and Bloodioorlh, J,, concur.*
**Exhibit32**

 

**TIME AMERICA, INC. AND SUBSIDIARY**

 

**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-QSB of Vitrix, Inc. (the “Company”) for the quarter ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Thomas S. Bednarik, President and Chief Executive Officer of the Company, and Craig J. Smith, Vice President - Finance and Administration and Chief Financial Officer of the Company, each hereby certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the Company.

 
| By:    |  /s/ Thomas S. Bednarik                                            |   |
|--------|-------------------------------------------------------------------------|--------|
|   | Thomas S. Bednarik                                                      |
|   | President and Chief Executive Officer                                   |
|   | February 12, 2004                                                  |
|   |                                                                    |
| By:    |  /s/ Craig J. Smith                                                |   |
|   | Craig J. Smith                                                          |
|   | Vice President - Finance and Administration and Chief Financial Officer |
|   | February 12, 2004                                                  |
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 342 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      January 28, 1998.
    Resolved, That the following named Member be, and that he is hereby, elected 
to the following standing committee of the House of Representatives:
    Committee on the Budget: Mr. David Price of North Carolina.
            Attest:

                                                                          Clerk.
```
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41102

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SAUL ZAMARRIPA-RODRIGUEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 1:04-CR-772-ALL

--------------------

Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Saul ZamarripaRodriguez raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a

separate criminal offense. The Government’s motion for summary

affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
##### 



EXHIBIT 99.2

CERTIFICATION PURSUANT TO
18 U.S.C. § 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002*

In connection with the Quarterly Report of IEA Income Fund IX, L.P. (the
Registrant) on Form 10-Q for the quarterly period ended September 30, 2002,
as filed with the Securities and Exchange Commission (the Report), I, John
Kallas, the Chief Financial Officer of Cronos Capital Corp., the
General Partner of the Registrant, certify, based on my knowledge,
that:



| | (i)  |  | The Report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and                                 
| | ---- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (ii) |  | The information contained in the Report fairly
presents, in all material respects, the financial condition
and results of operation of the Registrant.

| |  |                   |  |                                                                                                                
| |  | ----------------- |  | ---------------------------------------------------------------------------------------------------------------
| |  | November 14, 2002 |  |                                                                                                                
|
|
|
|
| |  |                   |  |                                                                                                                
|
|
|
|
| |  |                   |  | /s/ John Kallas

John Kallas
Chief Financial Officer of
Cronos Capital Corp.,
General Partner of the Registrant



---

|* |  | This certification, required by Section 906 of the Sarbanes-Oxley Act of
2002, other than as required by Section 906, shall not be deemed to be
filed with the Commission or subject to the rules and regulations
promulgated by the Commission under the Securities Exchange Act of 1934,
as amended, or to the liabilities of Section 18 of said Act.
|- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I 

108TH CONGRESS 

2D SESSION H. R. 4221

To amend the Internal Revenue Code of 1986 to reduce for individuals 

the maximum rate of tax on unrecaptured section 1250 gain from 25 

percent to 15 percent. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2004

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

Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to reduce 

for individuals the maximum rate of tax on unrecaptured 

section 1250 gain from 25 percent to 15 percent.

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

3 SECTION 1. REDUCTION FOR INDIVIDUALS IN MAXIMUM 

4 CAPITAL GAINS RATES ON UNRECAPTURED 

5 SECTION 1250 GAIN. 

6 (a) REGULAR TAX.—

7 (1) Paragraph (1) of section 1(h) of the Inter8 nal Revenue Code of 1986 (relating to maximum 

9 capital gains rate) is amended by adding ‘‘and’’ at 
2

•HR 4221 IH 

1 the end of subparagraph (C), by striking subpara2 graph (D), and by redesignating subparagraph (E) 

3 as subparagraph (D). 

4 (2) Paragraph (3) of section 1(h) of such Code 

5 is amended by striking ‘‘the sum of—’’ and all that 

6 follows and inserting ‘‘28-percent rate gain.’’

7 (3) Subsection (h) of section 1 of such Code is 

8 amended by striking paragraph (6) and by redesig9 nating paragraphs (7) through (11) as paragraphs 

10 (6) through (10), respectively. 

11 (b) MINIMUM TAX.—

12 (1) Clause (ii) of section 55(b)(3)(A) of such 

13 Code is amended to read as follows: 

14 ‘‘(ii) the adjusted net capital gain, 

15 plus’’. 

16 (2) Paragraph (3) of section 55(b) of such Code 

17 is amended by striking ‘‘plus’’ at the end of sub18 paragraph (C) and inserting a period and by strik19 ing subparagraph (D). 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to taxable years beginning after 

22 the date of the enactment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted
from the Company's Form 10-Q for the quarter ended March 31, 1997 and
is qualifed in its entirety by reference to such finanacial statements.
</LEGEND>
       
<S>                                            <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         140,886
<SECURITIES>                                         0
<RECEIVABLES>                                  902,437
<ALLOWANCES>                                         0
<INVENTORY>                                  1,614,024
<CURRENT-ASSETS>                             2,993,077
<PP&E>                                         285,126
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,160,620
<CURRENT-LIABILITIES>                          237,832
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,051,698
<OTHER-SE>                                    (133,646)
<TOTAL-LIABILITY-AND-EQUITY>                 4,160,620
<SALES>                                      1,675,369
<TOTAL-REVENUES>                             1,675,369
<CGS>                                          889,165
<TOTAL-COSTS>                                  996,987
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                209,173
<INCOME-TAX>                                    78,598
<INCOME-CONTINUING>                           (130,575)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (130,575)
<EPS-PRIMARY>                                     (.02)
<EPS-DILUTED>                                     (.02)
        

</TABLE>
Exhibit 99.1


                          ANNUAL SERVICER'S CERTIFICATE
             -------------------------------------------------------

                         CHASE CREDIT CARD MASTER TRUST
             (formerly known as Chemical Master Credit Card Trust I)
             -------------------------------------------------------

      The undersigned, a duly authorized representative of Chase Bank USA,
National Association ("CUSA"), a National banking association organized under
the laws of the United States, as Servicer pursuant to the Assignment and
Assumption Agreement by and between CUSA and JPMorgan Chase Bank, National
Association ("JPMC") and the Third Amendment, each dated July 15, 2004, to the
Fourth Amended and Restated Pooling and Servicing Agreement dated as of October
15, 2004 (the "Pooling and Servicing Agreement") by and among JPMCB, CUSA and
The Bank of New York, as trustee (the "Trustee") does hereby certify that:

      1.    CUSA is 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.    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 calendar year
            ended December 31, 2004 was conducted under the supervision of the
            undersigned.

      5.    Based on such review, the Servicer has, to the best of the knowledge
            of the undersigned, fully performed all 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 the
            undersigned 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
this 30th day of March, 2005.

                                               CHASE BANK USA,
                                               NATIONAL ASSOCIATION,
                                               as Servicer,


                                               By: /s/ Patricia M. Garvey
                                                   -----------------------------
                                                   Name:  Patricia M. Garvey
                                                   Title: Vice President
Compositional Mapping of Cells and 

Viruses at Molecular Resolution

Sriram Subramaniam, Ph.D.

Laboratory of Cell Biology

Center for Cancer Research

National Cancer Institute

National Institutes of Health

10/06/2009 Slide #1

U.S. Department of Health and Human Services

National Institutes of Health
10/06/2009 Slide #2

Nanoscale 3D mapping 

of cellular composition

The challenge: To develop technologies for rapid 3D mapping of protein and drug 

localization in cells that combine the high spatial resolutions achievable with 

electron and light microscopy with the high sensitivity of mass spectrometry

U.S. Department of Health and Human Services

National Institutes of Health
“Slice-and-dice”: 

A novel approach to compositional mapping

10/06/2009 Slide #3

a

f

e

d

b

c

S. Subramaniam; provisional patent filed; 

60/970,070 and 60/974,686 filed Sept. 2007

U.S. Department of Health and Human Services

National Institutes of Health
Commercial Applications

Recent advances in technology for 3D cellular imaging 

using light and electron microscopy can be combined with 

advances in mass spectrometry to develop robust, 

automated technologies for the site-specific mapping of 

cellular architecture at molecular resolution.

The development of such technologies could have a 

profound impact on drug discovery by allowing rapid 

localization of drugs and their cellular targets, and on 

methods for protein capture combined with structural 

analysis at molecular resolution. 

10/06/2009 Slide #4

U.S. Department of Health and Human Services

National Institutes of Health
Advantages

Ability to rapidly create three-dimensional cellular images 

Ability to map cells and tissues at nanometer resolution

Further R&D Needed

Development of commercially-viable three-dimensional protein 

mapping

R&D Status

Pilot experiments are ongoing for the development and 

optimization of the technology using commercially available 

components. Clinical applications for the diagnosis of tissue 

specimens are also being explored

10/06/2009 Slide #5

U.S. Department of Health and Human Services

National Institutes of Health

Technology
Contact Information

For further information contact:

Licensing:

Michael Shmilovich, Esq.

NIH Office of Technology Transfer

shmilovm@mail.nih.gov

301-435-5019

Collaboration:

Kathy Higinbotham

NCI Technology Transfer Center

301-846-5087

higinbok@mail.nih.gov

10/06/2009 Slide #6

U.S. Department of Health and Human Services

National Institutes of Health
Page 1 

	 	

NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM (NWIRP) 

NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION (NACWIR) 

MEETING #2 

JUNE 27-28, 2017 

BUILDING 215, ROOM C103 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

AGENDA

Meeting Goals: 

 Develop assessments and recommendations on trends and developments in the natural, 

engineering, and social sciences and practices of windstorm impact mitigation. 

 Develop assessments and recommendations on the NWIRP Strategic Plan. 

 Develop Committee work plan to complete all NACWIR responsibilities by September 30, 2017. 

All times are Eastern Daylight Time (EDT) 

Tuesday, June 27, 2017 

Time Topic Discussion Leader 

Opening Remarks

9:00-9:10 am Call to Order 

Welcome 

Safety Briefing 

Joannie Chin 

Deputy Director 

Engineering Laboratory 

National Institute of Standards 

and Technology (NIST) 

Designated Federal Officer

9:10-9:30 am Meeting Goals and Work Plan 

Agenda Review 

Tim Reinhold 

NACWIR Chairperson

Sr. VP for Research and Chief 

Engineer 

Insurance Institute for Business 

and Home Safety 

9:30-10:10 am Self-Introductions Tim Reinhold 

10:10-10:15 am Meeting Logistics and Travel Reimbursement Steve Potts

Program Analyst, NWIRP, NIST

10:15-10:30 am Break
Page 2 

	 	

 Trends and Developments in Windstorm Impact Mitigation 

10:30-12:00 pm Committee Member Presentations and 

Discussion on Trends and Developments 

Affecting Windstorm Impact Mitigation 

Tim Reinhold 

12:00-12:15 pm Public Comment Period Joannie Chin 

12:15 -1:15 pm Lunch

1:15-2:15 pm Discussion of Trends and Developments 

Affecting Windstorm Impact Mitigation 

Tim Reinhold 

NWIRP Strategic Plan 

2:15-3:15 pm Committee Member Presentations and 

Discussion on Strategic Plan 

Tim Reinhold 

3:15 -3:30 pm Break

3:30-4:30 pm Discussion of Strategic Plan Tim Reinhold 

4:30-4:45 pm Public Comment Period Joannie Chin

4:45-4:55 pm Action Items Tim Reinhold 

4:55-5:00 pm Logistics Steve Potts

5:00 pm Adjourn

Wednesday, June 28, 2017 

Time Topic Discussion Leader 

9:00-9:05 am Call to Order and Roll Call Joannie Chin 

9:05-10:30 am Report Development Tim Reinhold 

10:30-10:45 am Break

10:45-12:15 pm Breakout Groups Tim Reinhold 

12:15 -1:15 pm Lunch

1:15-2:00 pm Breakout Groups Tim Reinhold 

2:00-3:00 pm Breakout Group Reports and Discussion Tim Reinhold 

3:00-3:15 pm Break

3:15-4:30 pm Report Development Tim Reinhold 

4:30-4:55 pm Wrap-up, Action Items, Next Meeting Tim Reinhold 

4:55-5:00 pm Logistics Steve Potts 

5:00 pm Adjourn
'e,

“es

Pte,
"4

UNITED STATES DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
Gaithersburg, Maryland 20899-

roa
a aot

stares of

March 1, 2011

Donetta Davidson

Commissioner and Chairman

U.S. Election Assistance Commission
1225 New York Avenue, Suite 1100
Washington, DC 20005

Dear Chair Davidson,

On behalf of the chair of the Technical Guidelines Development Committee (TGDC), Dr. Patrick
Gallagher, I am pleased to transmit the attached documents.

The following documents were developed by the TGDC and approved for transmission to the
Election Assistance Commission (EAC) at its most recent meeting, January 13 and 14, 2011:

Report of the Auditability Working Group

Possible UOCAVA Pilot Projects for the 2012 and 2014 Federal Elections

Accessibility and Usability Considerations for UOCAVA Remote Electronic Voting
Systems

VVSG 2.0 and Beyond: Issues and Gaps in the Usability and Accessibility Requirements

The TGDC would deeply appreciate any feedback that you might wish to offer on these
documents.

Best regards,

Z baits I Cle

y elinda L. Collins, Ph.D.
Senior Advisor for Voting Standards

ec: Kevin Kimball
Cita Furlani

NUT