alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11227.

#### West *v.*Thompson.

Luke, J.

1. The right of the plaintiff to recover in this case -depended upon his right to rescind the trade for fraud. And “the right to rescind for fraud in a horse-swap exists only where *actual*fraud has been committed, unless the. right to rescind has been expressly reserved.” Cobb v. *Pope,*21 *Ga. App.*103 (93 S. E. 1029), and cit.

2. Conceding that the plaintiff got the worse of the swap, and that he was -thereby defrauded, the evidence fails to affirmatively show *actual**455fraud upon, the part of the defendant; and, it not appearing that the plaintiff had expressly' reserved the right to rescind the trade, that right did not exist. The verdict for the plaintiff, therefore, was unsupported by the evidence; and the court erred in overruling the defendant’s motion for a new trial.

Decided July 14, 1920.

Trover; from city court of Carrollton—Judge Beall. December 15, 1919.

*Boykin & Boykin,*for plaintiff in error.

*E. T, Steed, Smith & Smith,*contra.

*Judgment reversed.*

*Broyles, C. J., and Bloodworth, J., concur.*
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)of Section 1350, Chapter 63 of Title 18, United States Code), each of theundersigned officers of EXCO Resources, Inc. (the “Company”), does herebycertify, to such officer’s knowledge, that:

TheQuarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the “Form10-Q”) of the Company fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the Securities Exchange Act of1934 and the information contained in the Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany as of, and for, the periods presented in the Form 10-Q.
| Date:  May 14, 2007 | /s/ DOUGLAS H. MILLER   |   |
|--------------------------|-------------------------|--------|
|                     | Douglas H. Miller       |
|                     | Chief Executive Officer |
|                     |                    |
|                     | /s/ J. DOUGLAS RAMSEY   |   |
|                     | J. Douglas Ramsey       |
|                     | Chief Financial Officer |

 

Theforegoing certification is being furnished as an exhibit to the Form 10-Qpursuant to Item 601(b)(32) of Regulation S-K and Section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code) and, accordingly, is not beingfiled as part of the Form 10-Q for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, and is not incorporated byreference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation language in such filing.

----
Hashes

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each file include Message Digest 5 (Mand a 32-bit Cyclical Redundancy Checksum (CRC32), which are useful tools and to users outside LE
Hash Examples

Filename Bytes SHA-1

NT4\ALPHA\notepad.exe 68368 F1F284D5D757039DEC1C44A05AC1NT4\I386\notepad.exe 45328 3C4E15A29014358C61548A981A4ANT4\MIPS\notepad.exe 66832 33309956E4DBBA665E86962308FENT4\PPC\notepad.exe 68880 47BB7AF0E4DD565ED75DEB492D8CWINNT31.WKS\I386\notepad.exe 57252 2E0849CF327709FC46B705EEAB5EWINNT31.SRV\I386\notepad.exe 57252 2E0849CF327709FC46B705EEAB5E
Related History

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JASON BENNETT, etc., )

 ) 

Plaintiff, )

 ) 

v. ) CIVIL ACTION 14-0330-WS-M 

 ) 

BOYD BILOXI, LLC, etc., ) 

 ) 

Defendant. ) 

FINAL JUDGMENT

In accordance with the Court’s order of November 8, 2016 granting final 

certification of the Settlement Class and final approval of the parties’ class 

settlement, and finding no just reason for delay in entry of this final judgment, it 

is hereby:

ORDERED, ADJUDGED and DECREED that this action is hereby 

dismissed with prejudice. 

DONE this 8th day of November, 2016. 

s/ WILLIAM H. STEELE

 CHIEF UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00330-WS-M Document 118 Filed 11/08/16 Page 1 of 1
EXHIBIT
      10.3





Terms
      of
      December 2007 Amendment to Employment Agreement


between
      Bay National Bank and Hugh W. Mohler








On
      December 18, 2006, the Compensation Committee of the Board of Directors of
      Bay
      National Bank increased, effective January 1, 2007, Hugh Mohler’s annual base
      compensation from $225,000 to $240,000.





Also,
      the
      Compensation Committee of the Board of Directors of the Bank approved a
      discretionary bonus to Mr. Mohler of $100,000 in December 2006 (the agreement
      is
      silent with respect to the payment of bonuses to Mr. Mohler). This bonus was
      paid in February 2007.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7349

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HILTON THOMAS, a/k/a Dinkles, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CR-97-355-WMN) Submitted: January 30, 2004 Decided: February 27, 2004 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Hilton Thomas, Appellant Pro Se. Jamie M. Bennett, Robert Reeves Harding, Assistant United States Attorneys, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Hilton Thomas appeals the district court’s order denying his Fed. R. Civ. P. 33 motion for a new trial. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Hilton , No. CR-97-355-WMN (D. Md. July 30, 2003). 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(a)

                            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 Enzo Biochem, Inc., and Subsidiaries
("the Company") on Form 10-Q for the period ended October 31, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Elazar Rabbani, Ph.D., Chief Executive Officer of the Company, 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 results of operations of
the Company.





Dated: December 8, 2006                          By:  /s/ ELAZAR RABBANI, PH.D.
                                                      -------------------------
                                                      Elazar Rabbani, Ph.D.
                                                      Chief Executive Officer


         A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange Act
Commission or its staff upon request.
EX-10.69



 Exhibit 10.69 

May 26, 2015 
 Mr. Kevin M. Modany 

ITT Educational Services, Inc. 
 13000 North Meridian Street 

Carmel, IN 46032-1404 
  

	 	Re:	Second Amendment to Letter Agreement 

 Dear Kevin: 

Reference is made to that certain letter agreement, dated as of August 4, 2014, between you and ITT Educational Services, Inc. (the
“Company”), and the amendment to that letter agreement, dated as of April 28, 2015 (as so amended, the “Letter Agreement”). You and the Company hereby agree to extend the Applicable Period (as defined and used in the Letter
Agreement) to and including August 31, 2015. Other than such amendment, all other terms and conditions of the Letter Agreement remain in full force and effect without modification. 

If the foregoing accurately reflects our agreement, please sign and return to us the enclosed duplicate copy of this letter. 

 

			
	ITT EDUCATIONAL SERVICES, INC.
		
	By:		/s/ John E. Dean
	Name:		John E. Dean
	Title:		Executive Chairman

  

	
	Accepted and Agreed to:
	
	/s/ Kevin M. Modany
	Kevin M. Modany
#### Frank C. HUBERT, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

No. 01-7016.

United States Court of Appeals, Federal Circuit.

March 22, 2001.

ON MOTION

CLEVENGER, Circuit Judge.

ORDER

The Secretary of Veterans Affairs moves without opposition for a remand to the United States Court of Appeals for Veterans Claims for further proceedings consistent with the Veterans Claims Assistance Act of 2000, Pub.L. No. 106-475, 114 Stat.2096. Frank C. Hubert moves out of time for an extension of time to respond to the Secretary’s motion, with response *855attached. In his response, Hubert does not oppose a remand. Hubert requests that the decision of the Veterans Court be vacated, along with the decision of the Board of Veterans’ Appeals. Hubert further requests that the Veterans Court be instructed to remand to the Veterans Administration for “application and consideration of the provision of the Veterans Assistance Act.” The Secretary replies.

The court grants the motion to remand, but without Hubert’s requested instructions. Hubert may ask the Veterans Court for such relief on remand, if appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary’s motion to remand is granted.

(2) Hubert’s motion for an extension of time is granted.

(3) The revised official caption is reflected above.
[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 Annual Report of BF Acquisition Group
II, Inc. (the "Company") on Form 10-KSB for the period ending
April 30, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, William Colucci,
President of the Company, certify, pursuant to 18 U.S.C. 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: July 26, 2004
                             /s/ William Colucci
                             --------------------------------
                             William Colucci, President
                             BF Acquisition Group II, Inc.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MICHAEL DEWAYNE THOMAS, *

*

Plaintiff, *

*

vs. * CIVIL ACTION NO. 14-00078-KD-B

*

RONZELLA HOWARD, et al., *

 *

Defendants. *

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue 

raised, and there having been no objections filed, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this 

Court. 

Accordingly, it is ORDERED that this action is DISMISSED without prejudice for 

failure to comply with the Court’s Order and to prosecute this action. 

DONE and ORDERED this the 19th day of July 2016.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00078-KD-B Document 23 Filed 07/19/16 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

NATHANIEL HAYES, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 09-0275-CG-N

)

GRANT CULLIVER, et al., )

)

Defendants. )

JUDGMENT

In accordance with this court’s order adopting the report and recommendation of the

Magistrate Judge, it is ORDERED, ADJUDGED, and DECREED that this action is hereby

DISMISSED WITHOUT PREJUDICE. 

DONE and ORDERED this 26th day of May, 2010.

/s/ Callie V. S. Granade

 UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00275-CG-N Document 19 Filed 05/26/10 Page 1 of 1
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION

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IT IS SO ORDERED



1

Judge’s signature

-


1

(if different from order date) Printed name and title

 Southern District of Alabama

BRETT WAYNE BRANCH 08-00327-008

36104-013

November 3, 2010

Pro Se

✔

✔

87 71 months

November 3, 2010

March 11, 2015

November 1, 2015 United States District Judge

Callie V.S. Granade 

U.S. District Judge

Digitally signed by Callie V.S. Granade U.S. District Judge 

DN: cn=Callie V.S. Granade U.S. District Judge, o=U.S. 

Government, ou=Federal Judiciary, 

email=efile_granade@alsd.uscourts.gov, c=US 

Date: 2015.03.11 08:09:59 -06'00'

Case 1:08-cr-00327-CG-B Document 983 Filed 03/11/15 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

OLIN C. SCOTT, JR., )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 14-0417-CG-B

)

FORD MOTOR COMPANY, )

)

Defendant. )

ORDER

After due and proper consideration of all portions of this file deemed relevant 

to the issues raised, and there having been no objections filed, the Report and 

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 Plaintiff’s Motion to 

Remand is GRANTED and that this case is hereby REMANDED to the Circuit 

Court of Baldwin County, Alabama.

DONE and ORDERED this 6th day of February, 2015.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00417-CG-B Document 24 Filed 02/06/15 Page 1 of 1
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Peter R. Huntsman, certify that:

 

1.             Ihave reviewed this Amendment No. 1 on Form 10-K/A of HuntsmanCorporation and Huntsman International LLC; and

 

2.             Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report.*

 

Date: April 29, 2008

 

 
|   | /s/ Peter R. Huntsman     |
|--------|---------------------------|
|   | Peter R. Huntsman         |
|   | *Chief Executive Officer* |

 

----

*******                **Paragraphs 3, 4 and5 of the form of certification are omitted because this Amendment No. 1 onForm 10-K/A does not include the information as to which such paragraphsrelate.

 

----
##### 



EXHIBIT 31.2
 CERTIFICATION PURSUANT TO RULES 13a-14 AND 15d-14,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-Q of Bay View Capital Corporation as of and for the
quarter ended September 30, 2005;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and we have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
   Date: November 9, 2005/s/ John OkuboJohn OkuboExecutive Vice President andChief Financial Officer


41
EXHIBIT 31


                                                  CERTIFICATIONS
I, Jehu Hand, certify that:

1. I have reviewed this annual report on Form 10-KSB of Mendocino Partners,
 Inc.;

2. Based on my  knowledge,  this  annual  report  does not contain any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made, not  misleading  with respect to the period covered by this quarterly
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included in this annual  report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others  within those  entities,  particularly  during the
period in which this annual report is being prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
annual report (the "Evaluation Date"); and

     c) presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

     a) all  significant  deficiencies  in the design or  operation  of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls;
and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual  report  whether or not there  were  significant  changes in  internal
controls or in other factors that could  significantly  affect internal controls
subsequent to the date of our most recent  evaluation,  including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date: September 1, 2004

/s/ Jehu Hand
CEO and Chief Financial Officer
President
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

THOMAS CURTIS HINES, #118977, :

Plaintiff, :

vs. : CA 11-0644-WS-C

KIM THOMAS, et al., :

Defendants. :

JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED, 

ADJUDGED, and DECREED that that this malicious Complaint, as last amended, be 

and is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 

This dismissal is to be counted as a strike against Mr. Thomas Curtis Hines pursuant to 

28 U.S.C. § 1915(g).

DONE this 12th day of August, 2013.

s/WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:11-cv-00644-WS-C Document 29 Filed 08/12/13 Page 1 of 1
EXHIBIT 21


                            SIGNIFICANT SUBSIDIARIES

                         NATIONAL COMPUTER SYSTEMS, INC.


                                STATE OR
                                  OTHER
                               JURISDICTION
                                    OF                   NAME UNDER WHICH
NAME OF SUBSIDIARY             INCORPORATION         SUBSIDIARY DOES BUSINESS
------------------             -------------         ------------------------

NCS Holdings, Inc.              Minnesota            NCS Holdings, Inc.

NCS Financial Systems, Inc.     Minnesota            NCS Financial Services
                                                      Financial Systems Division
                                                      of  National Computer
                                                      Systems

NCS Data Forms, Inc.            Minnesota            Data Forms Division of
                                                      National Computer Systems

Interpretive Scoring            Minnesota            NCS Assessments 
Systems, Inc.                                         Professional Assessment
                                                      Services  Division of
                                                      National  Computer



Note: All other  subsidiaries of National  Computer  Systems,  Inc. are not
      significant subsidiaries taken as a whole.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

VINCENT E. THOMAS, :

 :

Plaintiff, :

 :

vs. :

 : CIVIL ACTION 14-0445-M

CAROLYN W. COLVIN, :

Social Security Commissioner, :

 :

Defendant. :

JUDGMENT

In accordance with the Order entered this date, it is 

ORDERED, ADJUDGED, and DECREED that JUDGMENT be entered in favor 

of Defendant Carolyn W. Colvin and against Plaintiff Vincent E. 

Thomas.

DONE this 17th day of April, 2015.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

Case 1:14-cv-00445-M Document 21 Filed 04/17/15 Page 1 of 1