alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11846.

#### Benton Transfer Company *v.*Marion National Bank.

Decided March 26, 1921.

Complaint; from .city court of Savannah1 — Judge Freeman. July 12, 1920.

The Marion National Bank sued Benton Transfer Company on a promissory note originally payable to Indiana Truck Corporation, and dated September 10, 1917, upon the back of which was the indorsement set out in the foregoing decision. In the defendant’s answer it was contended that the plaintiff was “not a holder of said promissory note in due course, and the alleged transfer was and is not an indorsement of said note within the law merchant, but was and is a mere assignment by Indiana Truck Corporation to the Marion National Bank of all its right, title and interest in and to the said note and in and to the said Indiana motor-trucks,” and the plaintiff took and held the note subject to all the defenses and equities of the defendant to which the note was subject in the hands of Indiana Truck Corporation; and it was alleged that on October 17, 1916, Indiana Truck Corporation sold to the defendant a certain truck and agreed to maintain a service station and service truck in *563Savannah during the life of the truck sold, but that it failed to do so, and for stated periods this failure deprived the defendant of the use of the trucks purchased from the truck corporation; to the defendant’s damage in a stated sum, which it was alleged the defendant had the right to set off against the note.

*562Hill, J.

The words, “ Eor value received we hereby assign, transfer, and set over to the Marion National Bank all our right, title, and interest in and to the within note and in and to the said Indiana Motor Trucks for which this note was executed,” written on the back of a promissory note and signed by the payee, is an indorsement oi[ the note. *Vanzant*v. *Arnold,*31 *Ga.*210(2) ; *Baldwin Fertilizer Co.*v. *Carmichael,*116 *Ga.*762 (42 S. E. 1002) ; *Hendrix*v. *Beuhard,*138 *Ga.*473 (75 S. E. 588, 43 L. R. A. (N. S.) 1028, Ann. Cas. 1913D, 688).

2. The defenses attempted to be set up not coming within any'of the provisions of section 4286 of the Civil Code (1910), the trial court did not err in striking them and in directing a verdict for the plaintiff, especially in view of the fact that in this case the pleadings showed that the defense relied upon was in no wise connected with the transaction put of which grew the note sued on. \

*Judgment affirmed.*

*Jenlcins, P. J., and Stephens, J., eonew.*

*563
      *Saussy*&.Saussy, for plaintiff in error.

■ *Jacob*Gazan, contra.
EXHIBIT 32.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 CreditRiskMonitor.com, Inc. ("CRM")
on Form 10-QSB for the three months ended March 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Lawrence Fensterstock, Chief Financial 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 the best of my knowledge:

      (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.

                                      By: /s/ Lawrence Fensterstock
                                              Lawrence Fensterstock
                                              Chief Financial Officer

May 17, 2004


                                       22
#### UNITED STATES of America, Plaintiff—Appellee, v. Gustavo LOREDO-BERNAL, Defendant—Appellant.

No. 06-10003.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Decided June 16, 2006.

Robert A. Bork, Esq., USLV — Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.

*625Monique N. Kirtley, Esq., Jason F. Carr, Esq., FPDNV — Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.

Before: KLEINFELD, PAEZ and BERZON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gustavo Loredo-Bernal appeals the sentence imposed following his guilty plea to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Loredo-Bernal contends that the district court erred in enhancing his sentence under 8 U.S.C. § 1326(b) based on a non-jury fact-finding regarding his prior conviction. As Lore-do-Bernal concedes, his contention is foreclosed by this court’s precedent, and he raises the issue only to preserve it should legal precedent change. *See United States v. Weiland,*420 F.3d 1062, 1079 n. 16 (9th Cir.2005) (holding that we are bound to follow *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), even though it has been called into question, unless it is explicitly overruled by the Supreme Court); *United States v. Quintana-Quintana,*383 F.3d 1052, 1053 (9th Cir.2004).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
THE THIRTEENTH COURT OF APPEALS

13-16-00359-CV

Allyson R. Oliver and William C. Oliver

v.

Wells Fargo Bank, N.A.

On appeal from the

County Court at Law No. 5 of Nueces County, Texas

Trial Cause No. 2014-CCV-60666-5

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion. Costs of the appeal are adjudged against 

appellant.

We further order this decision certified below for observance.

September 2, 2016
11983.

#### Broom *v.*The State.

Decided March 8, 1921.

Accusation of possessing intoxicating liquor; from city court of Valdosta — Judge Cranford. November 12, 1920.

*Dan B Bruce,*for plaintiff in error.

*J. B. Copeland, solicitor,*contra.

Bloodworth, J.

The motion for a new trial contained only the usual general grounds; the verdict was amply authorized by the evidence; and the court did not err in declining to grant a new trial.

*Judgment affirmed.*

*Broyles, G. J., and Luke, J., concur.*
#### In the Matter of Lebraun H., an Infant. Erie County Department of Social Services, Respondent; Brenda H., Appellant.

(Appeal No. 2.)

[974 NYS2d 876]

— Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered February 29, 2012 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent is to complete sex offender and parenting programs.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs.

Same memorandum as in *Matter of Lebraun H.*(Ill AD3d 1439 [2013]). Present — Smith, J.E, Peradotto, Lindley, Valentino and Whalen, JJ.
* 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

October 8, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50660

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ERNESTINA PINA,,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-02-CR-695-1-WWJ

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

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Ernestina Pina argues that the evidence is insufficient to

support her convictions for importation of marijuana and

possession of marijuana with intent to distribute. Pina argues

that the evidence fails to show that she was aware that 205

pounds of marijuana was hidden inside a diesel tank in the back

of a borrowed truck that she presented to U.S. Customs Inspectors

at the Del Rio, Texas, port of entry. 
No. 03-50660

-2-

In light of the value of the marijuana, Pina’s somewhat

implausible explanation for borrowing the truck, and her failure

to offer a consistent explanation for a large amount of cash

found in her possession, a rational jury could have concluded

that Pina was aware of the marijuana hidden in the truck. United

States v. Ramos-Garcia, 184 F.3d 463, 465-67 (5th Cir. 1999). We

will not disturb that determination. United States v. Runyan,

290 F.3d 223, 240 (5th Cir.), cert. denied, 537 U.S. 888 (2002). 

AFFIRMED.
##### 




    
    A start date of December 19, 2005.
    
    A bi-weekly salary in the amount of $7,692.30 ($200,000 on an annual basis.)
    
    Eligibility for a $50,000 annual bonus in 2006. Details of the 2006 bonus plan will be
provided in January of 2006.
    
    Nonqualifying stock options (NSOs) to purchase 40,000 shares of the Companys common
stock, vesting over 4 years with the first 25% not vesting until your first anniversary
with the Company. These options will be subject to the terms and conditions of the
Companys 2004 Equity Incentive Plan.
    
    A change-in-control agreement substantially in the form of exhibit A.




---



##### 



/s/ SHERYL ROLANDSheryl RolandVice President, Human Resources
 Acceptance
   /s/ ANDREW GREENHALGHAndrew Greenhalgh




---



#####
EXHIBIT 12.1

CERTIFICATION

I, Wilfried Vancraen,
certify that:



|1. | I have reviewed this annual report on Form 20-F/A of MATERIALISE NV (the company);
|-- | ------------------------------------------------------------------------------------



|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; and
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|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
company as of, and for, the periods presented in this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: June 30, 2017



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Wilfried Vancraen  
|    |  | Wilfried Vancraen      
|    |  | Chief Executive Officer
EXHIBIT 32.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER





Pursuant to


18 U.S.C. Section 1350,


As Adopted pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002





I, Narsi Narayanan, certify, to my best knowledge and belief, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of ClearOne Communications, Inc. on Form 10-Q for the quarter ended September 30, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of ClearOne Communications, Inc.











Date:  November 15, 2010
By:
/s/ Narsi NarayananNarsi NarayananVice President of Finance
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1167 CA 13-00342**  PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.

ERICA DANIELS, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER
FRANCES A. RUMSEY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.)

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE HIGGINS KANE LAW GROUP, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 15, 2012. The order, inter alia, denied that part of the motion of defendant Frances A. Rumsey to compel a physical examination of plaintiff by an orthopedic specialist.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Daniels v Rumsey ([appeal No. 2] ___ AD3d ___ [Nov. 15, 2013]).

Entered: November 15, 2013 Frances E. Cafarell Clerk of the Court
EX-10.2



 Exhibit 10.2 

March 30, 2015 
 Mr. Michael MacMillan

 NBC Attire, Inc. 
 770 Cochituate Road 

Framingham, MA 01701 
  

	Re:	Letter Agreement 

 Dear Mr. MacMillan: 

You are currently on assignment (the “Assignment”) with TJX Europe as part of your employment with NBC Attire, Inc. (“NBC
Attire”) under your employment agreement dated January 31, 2014 (the “Employment Agreement”). The TJX Companies, Inc. (“TJX”) and NBC Attire expect that the Assignment will conclude, and your relocation to TJX corporate
headquarters will occur, in June 2015, at all times consistent with your continued service and responsibilities as Senior Executive Vice President, Group President. Effective upon the completion of the Assignment and your relocation to TJX corporate
headquarters (the “Transition Date”), the Employment Agreement, consistent with its provisions and for the balance of its term, will be assigned to and will become an obligation of TJX, and from and after the Transition Date you will be
employed by TJX, not by NBC Attire, and your duties and responsibilities shall include those specified from time to time by TJX; provided, for the avoidance of doubt, that neither the transfer of your employment from NBC Attire to TJX nor any
assignment by TJX of duties and responsibilities in accordance with the Employment Agreement shall constitute a termination of your employment under the Employment Agreement. You will receive separate information regarding any adjustments to your
benefits in connection with these changes. 
 By signing below, you acknowledge and agree that the changes described above are consistent
with the Employment Agreement, which except as appropriate to reflect the end of the Assignment shall remain in full force and effect. 
  

			
	        THE TJX COMPANIES, INC.
		
	By:		/s/ Ernie Herrman
			Ernie Herrman


  

			
	        NBC ATTIRE, INC.
		
	By:		/s/ Scott Goldenberg
			Scott Goldenberg


 Agreed and accepted: 
  

	
	
	/s/ Michael MacMillan
	Michael MacMillan


  
 1
#### In the Matter of Roger Reddish, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[967 NYS2d 245]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

At the correctional facility where petitioner was incarcerated, mail room personnel discovered a manila envelope containing 24 grievances signed by different inmates from one particular housing location. Through an investigation, it was determined that petitioner, who was chair of the Inmate Liaison Committee, solicited the inmates to file the grievances and authored them *1266himself. He was charged in a misbehavior report with possessing grievance documentation pertaining to other inmates *(see*7 NYCRR 270.2 [B] [14] [xvii]), distributing departmental documentation without authorization *(see*7 NYCRR 270.2 [B] [17] [in]) and engaging in a demonstration *(see*7 NYCRR 270.2 [B] [5] [iv]). At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of the former two charges, but not of the latter. This determination was affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The misbehavior report and related documentation, together with petitioner’s admission to writing the grievances and addressing the envelope in which they were placed, provide substantial evidence supporting the determination of guilt *(see Matter of Peoples v Bezio,*94 AD3d 1299, 1300 [2012]; *Matter of Fuentes v Fischer,*89 AD3d 1339, 1339 [2011]). Petitioner’s claim that he was merely assisting other inmates and did not intend to deceive anyone presented a credibility issue for the Hearing Officer to resolve *(see Matter of McMoore v Bezio,*63 AD3d 1463, 1464 [2009], *lv denied*13 NY3d 707 [2009]; *Matter of Reynoso v Fischer,*55 AD3d 1201 [2008], *appeal dismissed*11 NY3d 916 [2009]). His remaining contentions are lacking in merit. Therefore, we find no reason to disturb the determination of guilt.

Lahtinen, J.P., Spain, McCarthy and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
```

                                                                    EXHIBIT 21.1

                      SUBSIDIARIES CONTROLLED BY REGISTRANT
                              AS OF APRIL 25, 2005

1.   RCOM Canada, Corp. (Canada)

2.   Register.com (UK) Holdings Limited (United Kingdom)

3.   Register.com (UK) Limited (United Kingdom)

4.   Register.com Europe PLC (United Kingdom)

5.   Net Searchers International Limited (United Kingdom)

6.   Net Searchers International (France) Sarl (France)

7.   Net Searchers International (Italy) Srl (Italy)

8.   Register.com Sarl (France)

9.   RLOM (IT) SRL (Italy)

10.  RPI, Inc. (United States)
```
EXHIBIT 32.1





CERTIFICATION OF PRINCIPAL EXECUTIVE
OFFICER


PURSUANT TO 18 USC § 1350 AS ADOPTED
PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF
2002




In
connection with the annual report of Genesis Pharmaceuticals Enterprises, Inc.
(“the Company”) on Form 10-K/A for the period ended June 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (“the Report”), I, Cao
Wubo, Chief Executive Officer and President, 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:





(a)
            The
      annual report on Form 10-K/A for the year ended June 30, 2008 of the
      Company fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and




(b)
            Information
      contained in the Form 10-K/A fairly presents, in all material respects,
      the financial condition and results of operations of the
      Company.





Dated:
April 10, 2009





/s/
      Cao WuboCao
      WuboChief
      Executive Officer and President
ORDER

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0217

IN THE MATTER OF:

T.N.B., A.M.B., and S.M.B.,

Youths in Need of Care.

ORDER

Upon consideration of Appellant’s motion and good cause 

appearing,

IT IS HEREBY ORDERED that the Motion to Transfer 

Transcripts from DA 19-0570 to DA 20-0217 is GRANTED. The Clerk’s 

office is directed to transfer the transcripts filed in DA 19-0570 to DA 

20-0217. Pursuant to Rule 9(6), Mont. R. App. Proc., this Court deems 

the record complete and filed from the date of this ordered transfer.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 13 2020

05/13/2020

Case Number: DA 20-0217
Exhibit 10.14    December 26, 2008  Michael
Barrow 42311
Gold Cup Lane Murrieta,
California 92562  Dear
Mike:  Reference
is made to the (change-in-control) Severance Agreement entered into by and
between you and International Rectifier Corporation (the Severance
Agreement).  The
purpose of this letter is to supplement the terms of the Severance Agreement to
include terms and conditions designed to make any payments pursuant to the
Severance Agreement compliant with Section 409A of the Internal Revenue Code
of 1986, as amended (including the Treasury Regulations and other published
guidance related thereto) (Section 409A).  Your
Severance Agreement is hereby modified as follows; capitalized terms used but
not defined herein shall have the meaning ascribed to them in the Severance
Agreement:  1.             Severance.  Subject to the conditions of payment
described in Section 10 relating to specified employees, any Cash
Severance payable pursuant to Section 2(b) of the Severance Agreement
shall be paid in a cash lump sum on the 60th day following your separation from service,
provided you have promptly executed and delivered (and not revoked) a Release
Agreement within 50 days of your termination; provided, however,
that if you fail to execute and deliver such release, or you revoke such
release, you shall not be paid any Cash Severance pursuant to the Severance
Agreement.  For this purpose, a separation
from service shall be defined within the meaning of Treasury Regulation Section 1.409A-1(h)(1),
without regard to the optional alternative definitions available thereunder.  Except
as modified hereby, your Severance Agreement remains unmodified.  Please indicate your agreement with the
foregoing by signing where indicated below.  Regards,  INTERNATIONAL
  RECTIFIER CORPORATIONBy:Its:
   Assistant SecretaryAcknowledged
  and agreed:Michael
  BarrowDate:
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2021 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2021

To provide for a limitation on availability of funds for Department of 
Health and Human Services, Public Health and Social Services Emergency 
                       Fund for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
Health and Human Services, Public Health and Social Services Emergency 
                       Fund for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, PUBLIC HEALTH AND SOCIAL SERVICES 
              EMERGENCY FUND FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, Public Health and Social Services Emergency Fund for 
fiscal year 2024 may not exceed $1,026,458,000.
                                 <all>
```
##### 



EXHIBIT 32.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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.
 /s/ Daniel W. FairfaxDaniel W. FairfaxVice President, Finance and Administration &Chief Financial OfficerFebruary 26, 2008