alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 15,859.

#### Ball *v.*Ball.

*Mortgage.*— Foreclosure.— *Action to*Redeem,.— Counter-Claim.— *Demurrer.*—In an action to redeem a tract of land, sold upon a foreclosure of a mortgage, and for an accounting and a judgment for rents received by tbe appellee while in possession of the land the appellant can not complain of the action of the court in overruling a demurrer to a counter-claim filed by the appellee, the court having found against the appellant in his action to recover the land or redeem it from sale, and in favor of the appellee upon the issues joined involving its ownership.

From the Tippecanoe Circuit Court.

*J. B. Sherwood,*for appellant.

*A. L. Kumler*and *T. F. Gaylord,*for appellee.

Miller, J.

— The appellant brought this action against the appellee to redeem a tract of real estate that had been sold upon a foreclosure of a mortgage, and to quiet his title against the adverse claims of the appellee.

The appellee answered the complaint by a general denial and other answers.

The cause was tried by a master commissioner, who found the facts and returned conclusions of law from the facts; upon which finding the court rendered a judgment against the appellant, adjudging and decreeing that he was not entitled to redeem the land, and quieting the title thereto as against the adverse claims of the appellee.

Several errors are assigned, but only one of them is discussed by appellant’s counsel in his brief, all others being thereby waived.

The second assignment of error calls in question the> ruling of the court in overruling the demurrer of the appellant to the counter-claim filed .by the appellee.

The pleading was addressed to so much of the complaint as asked for an accounting and a judgment for rents received by the appellee while in possession of the land.

*157Filed May 21, 1892;

petition for a rehearing overruled Nov. 22, 1892.

The court having found against the appellant in his action to recover the land or redeem it from sale, and in favor of the appellee upon the issues joined involving its ownership, the appellant was not harmed by this ruling.

If the court had found in favor of the appellant, in the main issue, and an accounting had been had of the rents and profits received, and expenditure made, the issue tendered by the counter-claim would have been an important one, and an adverse ruling upon its sufficiency to withstand a demurrer would have been reversible error.

Where it affirmatively appears that a ruling upon a demurrer to a pleading has not harmed the appellant, we will not examine, or pass upon its sufficiency. *Miller*v. *Hardy,*131 Ind. 13.

Judgment affirmed.
#### Thomas E. TILLEY; Investment Trust, Plaintiffs-Appellants, v. TOWN OF ABERDEEN; J. Arthur Parker, individually and in his capacity as Mayor for the Town of Aberdeen; Tony Robertson, individually and in his capacity as Town Manager for the Town of Aberdeen; Giles Hopkins, individually and in his capacity as Planning Director for the Town of Aberdeen; Don Walker, individually and in his capacity as Code Enforcement Officer; North Carolina Department of Health and Human Resources; County of Moore; Steve Biggs, former Town Manager of Aberdeen; Bill Marts, former Mayor of the Town of Aberdeen; Samuel W. Fields, individually and in his capacity as an agent of the North Carolina Department of Human Resources; All Defendants, Defendants-Appellees, and The Brough Law Firm, in its capacity as attorneys for the Town of Aberdeen; William Morgan, individually and in his capacity as attorney for the Town of Aberdeen, Defendants.

No. 01-1192.

United States Court of Appeals, Fourth Circuit.

Submitted May 17, 2001.

Decided May 23, 2001.

Thomas E. Tilley, pro se; Knox Kent Lively, III, Greensboro, NC, for appellants. Timothy Patrick Sullivan, Robin Tatum Morris, Michelle Lee Frazier, Poyner & Spruill, Mabel Y. Bullock, Office of the Attorney General of North Carolina, Raleigh, NC; Tyrus Vance Dahl, Jr., Andrew Christian Buckner, Womble, Carlyle, Sandridge *&*Rice, Winston-Salem, NC, for appellees.

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

PER CURIAM.

Thomas E. Tilley and Investment Trust appeal from the district court’s orders dismissing their conspiracy, due process, equal protection, and taking claims as unripe and denying their motion for reeonsid*164eration. We have reviewed the record and the district court’s opinions and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *Tilley v. Town of Aberdeen,*No. CA-98-896-1 (M.D.N.C. Jan. 16 *&*Mar. 30, 2001). 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.

*AFFIRMED.*
EXHIBIT 32.1




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 Vasomedical, Inc. and subsidiaries ("the Company") on Form 10-Q for the period ended February 28, 2010, as filed with the Securities and Exchange Commission on the date hereof ("the Report"), I, Jun Ma, as President and Chief Executive 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:




(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Jun Ma


Jun Ma


President & Chief Executive Officer


Date: April 14, 2010













EXHIBIT 32.2




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 Vasomedical, Inc. and subsidiaries ("the Company") on Form 10-Q for the period ended February 28, 2010, as filed with the Securities and Exchange Commission on the date hereof ("the Report"), I, Tarachand Singh, as Chief Financial Officer and Secretary of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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, as amended; 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/ Tarachand Singh


Tarachand Singh


ChiefFinancial Officer


Dated: April 14, 2010
<PAGE>


                                    Exhibit 4

                                POWER OF ATTORNEY


KNOW ALL PERSONS BY THESE PRESENT, that each person whose signature appears
below constitutes and appoints Richard F. Noll his attorneys-in-fact, each with
the power of substitution, for him and in his name, place and stead, in any and
all capacities, to sign any and all amendments to this Annual Report on Form
10-KSB, and to file the same, with all exhibits thereto and all documents in
connection therewith, with the Securities and Exchange Commission, granting unto
said attorneys-in-fact and agents, and each of them, full power and authority to
do and perform each and every act and thing requisite and necessary to be done
in and about the premises, as fully to all intents and purposes as he might or
could do in person, hereby ratifying and confirming all that such
attorneys-in-fact and agents or any of them, or his or their substitute or
substitutes, may lawfully do or cause to be done by virtue hereof.

In accordance with Exchange Act, this report has been signed by the following
persons on behalf of the registrant and in the capacities and on the dates
indicated:

<TABLE>
<CAPTION>


                 Name                                Title                      Date
                 ----                                -----                      ----
<S>                                    <C>                                      <C>
 /s/ Richard F. Noll                   President, Chief Executive               April 1, 2002
 ----------------------------          Officer, and Director
      Richard F. Noll


 /s/ J. P. McCormick                   Chairman of the Board of Directors,      April 1, 2002
 ---------------------------           Chief Financial Officer, Treasurer,
      J.P. McCormick                   Secretary and Director



/s/ Alexander M. Adelson               Director                                 April 1, 2002
 ---------------------------
     Alexander M. Adelson


/s/ Sean Deson                         Director                                 April 1, 2002
-------------------------------
      Sean Deson


/s/ Bruce Judson                       Director                                 April 1, 2002
------------------------------
      Bruce Judson

</TABLE>


<PAGE>


Supplemental Information to be Furnished
with Reports Filed Pursuant to Section 15(d)
of the Exchange Act by Non-Reporting Issuers


As of the date of filing of this Annual Report on Form 10-KSB, no annual report
or proxy material has been sent to security holders of the Company. Proxy
material is to be furnished to the Company's security holders subsequent to the
filing of this Annual Report on Form 10-KSB in connection with the Company's
annual meeting of stockholders.
EX-10.1









Exhibit 10.1 



AMENDMENT TO
AGREEMENT



         This
 Amendment  to  Agreement  (“Amendment”)  is  made  and  entered  into on the
___  day of  December,  2005,  between ________________________________  (“the
 Associate”),  and Wal-Mart  Stores,  Inc., a Delaware  corporation,  and its
 affiliates  and subsidiaries (collectively “Wal-Mart”). 




         WHEREAS,
The Associate and Wal-Mart have entered into an agreement concerning, among other
things, restrictions on the Associate’s employment after terminating from employment
with Wal-Mart (the “Transition Agreement”); and  




         WHEREAS,
by this Amendment, the Associate and Wal-Mart wish to amend certain provisions of the
Transition Agreement relating to post-employment payments by Wal-Mart to the Associate;  




         NOW
THEREFORE, for good and sufficient consideration, the sufficiency of which the
parties acknowledge, the parties agree as follows:  




	 	 1.  	Transition
Payments. The Associate and Wal-Mart agree that the existing language in the
Transition Agreement concerning the timing of post-employment payments
shall be superseded by the following language: 







	 	
The
Associate will receive Transition Payments based on the Associate’s base salary on
the date of termination (the “Salary”). Transition Payments will begin at the
end of the regularly scheduled pay period six months after the date of termination. The
first Transition Payment shall be an amount equal to six months’ Salary, less
applicable withholding. Thereafter, each Transition Payment shall be an amount equal to
the Associate’s biweekly Salary payment, less applicable withholding, which will
continue for the period set forth in the Transition Agreement.  







APPROVED AND
AGREED:


	___________________________________	

      WAL-MART STORES, INC. 

      

      

      By________________________________
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION

MYOSHI BIRDSONG, : 

Plaintiff, : 

vs. : CA 09-0539-C 

MICHAEL J. ASTRUE, : 

Commissioner of Social Security, 

Defendant. :

JUDGMENT

In accordance with the memorandum opinion and order entered on this date, it is 

hereby ORDERED, ADJUDGED, and DECREED that the decision of the 

Commissioner of Social Security denying Plaintiff disability insurance benefits be 

AFFIRMED. 

DONE this the 12th day of August, 2010. 

 s/WILLIAM E. CASSADY 

 UNITED STATES MAGISTRATE JUDGE 

Case 1:09-cv-00539-C Document 25 Filed 08/12/10 Page 1 of 1
Exhibit 10.33 



STAGED CERTIFICATE OF
ACCEPTANCE 



Staged Certificate of Acceptance No.
01 to Progress Payment Agreement Rider to Lease Schedule No. 001, between General Electric
Capital Corporation (Lessor) and Duckwall-Alco Stores, Inc. (Lessee). 



Lessor is authorized to pay the
sellers and other entities for the Equipment identified below, invoice copies of which are
attached hereto, under the Progress Payment Agreement Rider currently in effect between
Lessor and Lessee. 



Dell Financial Services, 4293
Collections Center Drive, Chicago, IL 60693            $4,650,239.76 



EQUIPMENT DESCRIPTION 



See Schedule A attached hereto and
made a part of. 



Total Capitalized
Lessor’s Cost for all items of Equipment listed above: $4,650,239.76 



THE UNDERSIGNED
ACKNOWLEDGES THAT: 



               	1.
         	

                     The Equipment and products described herein are delivered, available for use
                    and are placed in service as of the Acceptance Date indicated below. 


                    



               	2.
         	

                     Such Equipment and products are in good operating condition and repair and are
                    accepted as satisfactory in all respects for the purpose of the Lease Agreement
                    and the Progress Payment Agreement Rider. 


                    



               	3.
         	The
      undersigned (1) will commence payment in accordance with the provisions
      of the Lease Agreement, as modified by the Progress Payment Agreement Rider,
      beginning on the Acceptance Date noted below, and (ii) confirms that all
      of the terms and conditions of the Lease Agreement, as modified by the Progress
      Payment Agreement Rider, are hereby in full force and effect in all respects,
      with respect to such Equipment. 


                    


	     	ACKNOWLEDGED	   	 
	 	 	 	 
	 	DUCKWALL-ALCO
      

      STORES, INC. 	 	 
	 	 	 	 
	 	  Acceptance
      Date:	X	12-1-05
      

    
	 	  Authorized
      Signature:	X	/s/
      Richard A. Mansfield
      

    
	 	  Name
      Typed or Printed:	 	Richard
      A. Mansfield
      

    
	 	  Title:	 	V.P./CFO
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<CIK> 0000839950
<NAME> North Coast Energy
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,608,509
<SECURITIES>                                         0
<RECEIVABLES>                                1,450,794
<ALLOWANCES>                                         0
<INVENTORY>                                    161,088
<CURRENT-ASSETS>                             4,381,564
<PP&E>                                      30,467,861
<DEPRECIATION>                              12,335,498
<TOTAL-ASSETS>                              22,651,604
<CURRENT-LIABILITIES>                        4,212,537
<BONDS>                                              0
<COMMON>                                        80,766
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,648
<OTHER-SE>                                  12,105,788
<TOTAL-LIABILITY-AND-EQUITY>                 6,671,057
<SALES>                                      5,921,351
<TOTAL-REVENUES>                             5,921,351
<CGS>                                        5,706,028
<TOTAL-COSTS>                                5,706,028
<OTHER-EXPENSES>                              (78,195)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             795,323
<INCOME-PRETAX>                              (501,805)
<INCOME-TAX>                                 (155,000)
<INCOME-CONTINUING>                          (346,805)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (346,805)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4743 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4743

   To suspend temporarily the duty on Diresul Brown FS Liquid Crude.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2004

 Mrs. Myrick introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on Diresul Brown FS Liquid Crude.

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

SECTION 1. SUSPENSION OF DUTY ON DIRESUL BROWN FS LIQUID CRUDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.35.07      Diresul Brown FS    Free         No change        No change        On or before 12/  ''.
                         Liquid Crude                                                       31/2008
                         (leuco sulfur
                         dye) (provided
                         for in subheading
                         3204.19.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000068330
<NAME>                        MGI PROPERTIES
<MULTIPLIER>                                     1,000
<CURRENCY>                                         USD
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1998
<PERIOD-START>                              DEC-1-1997
<PERIOD-END>                               NOV-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          12,265
<SECURITIES>                                         0
<RECEIVABLES>                                    5,040
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                11,655
<PP&E>                                         365,543
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 394,503
<CURRENT-LIABILITIES>                            7,164
<BONDS>                                        130,517
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,764
<OTHER-SE>                                     243,058
<TOTAL-LIABILITY-AND-EQUITY>                   394,503
<SALES>                                              0
<TOTAL-REVENUES>                                70,989
<CGS>                                                0
<TOTAL-COSTS>                                   39,425
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,122
<INCOME-PRETAX>                                 21,442
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             21,442
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    29,817
<EPS-PRIMARY>                                     2.17
<EPS-DILUTED>                                     2.12
        

</TABLE>
---



Exhibit 32.1



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 First Cash Financial Services, Inc. (the "Company") on Form 10-Q for the quarterly period ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Rick L. Wessel, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and                   
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|    |                                                                                                                                                     
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|    |                                                                                                                                                     



Date:  November 7, 2007



/s/ Rick L. WesselRick L. Wessel
Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

THE DENNY MANUFACTURING : 

COMPANY, INC., : 

: 

Plaintiff, : 

: 

vs. : CIVIL ACTION 09-0214-KD-M

: 

DROPS & PROPS, INC., d/b/a : 

BACKDROP OUTLET a/k/a : 

BACKDROPOUTLET.COM, et al., : 

: 

Defendants. : 

ORDER

After due and proper consideration of all pleadings in this

file, and there having been no objections filed, the

Recommendation of the Magistrate Judge made under 28 U.S.C. §

636(b)(1)(B) is adopted as the opinion of this Court.

It is ORDERED that Defendant Jay Gupta’s Motion to Dismiss

(Doc. 30) be DENIED.

DONE this 6th day of January, 2010.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00214-KD-M Document 60 Filed 01/07/10 Page 1 of 1
imci_105.htm


Exhibit 10.5


 


MODIFICATION AGREEMENT TO


PROMISSORY NOTE







This MODIFICATION AGREEMENT is made as of April 6, 2015 between Infinite Group, Inc., a Delaware corporation with offices at 80 Office Park Way, Pittsford, NY 14534 (“Maker”) and UberScan, LLC (“Payee”).







WHEREAS, Payee is the holder of a Promissory Notes dated issued by the Maker to the Payee for $80,000 with interest at 10% commencing on April 7, 2015 (the Note); and







WHEREAS, the parties desire to modify the terms and conditions of the Promissory Note as follows:







NOW, THEREFORE, the parties agree as follows:








	
1)  

	
The Note is modified to provide that the time at which the entire principal balance and accrued and unpaid interest shall be due and payable is October 7, 2015.













	
2)  

	
Except as modified by this Agreement, all of the terms, covenants and conditions of the Note shall remain the same.












In witness whereof, Maker and Payee have executed this Agreement under the day and year first written above.







Infinite Group, Inc.




/s/ James Villa


By: James Villa, President


 


UberScan, LLC







/s/  Christopher B. Karr


By: Christopher B. Karr, President