alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of L&M Bus Corp. et al., Respondents, v New York City Department of Education et al., Appellants, and Local 1181 of the Amalgamated Transit Union, Intervenor-Appellant.

Submitted July 26, 2010;

decided October 26, 2010

Motion by the New York City Department of Education, et al. for leave to appeal granted. Motion by Local 1181 of the Amalgamated Transit Union, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court’s determination denying discovery and the application to complete the record, dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise granted.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           9,184
<INT-BEARING-DEPOSITS>                           6,669
<FED-FUNDS-SOLD>                                 8,575
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     65,123
<INVESTMENTS-CARRYING>                             273
<INVESTMENTS-MARKET>                               278
<LOANS>                                        240,925
<ALLOWANCE>                                      2,130
<TOTAL-ASSETS>                                 343,409
<DEPOSITS>                                     280,022
<SHORT-TERM>                                     8,220
<LIABILITIES-OTHER>                              2,071
<LONG-TERM>                                     15,275
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,108
<OTHER-SE>                                      21,713
<TOTAL-LIABILITIES-AND-EQUITY>                 343,409
<INTEREST-LOAN>                                 18,894
<INTEREST-INVEST>                                3,803
<INTEREST-OTHER>                                 2,198
<INTEREST-TOTAL>                                24,895
<INTEREST-DEPOSIT>                              12,764
<INTEREST-EXPENSE>                              14,273
<INTEREST-INCOME-NET>                           10,622
<LOAN-LOSSES>                                       33
<SECURITIES-GAINS>                                  34
<EXPENSE-OTHER>                                  8,185
<INCOME-PRETAX>                                  4,093
<INCOME-PRE-EXTRAORDINARY>                       3,012
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,012
<EPS-PRIMARY>                                     2.13
<EPS-DILUTED>                                     2.00
<YIELD-ACTUAL>                                    3.22
<LOANS-NON>                                      1,535
<LOANS-PAST>                                     1,281
<LOANS-TROUBLED>                                   209
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,360
<CHARGE-OFFS>                                      296
<RECOVERIES>                                        33
<ALLOWANCE-CLOSE>                                2,130
<ALLOWANCE-DOMESTIC>                             1,854
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            276
        

</TABLE>
EX-4.08



 





Exhibit 4.08




CERTIFICATE OF TRUST



OF


CITIGROUP CAPITAL XXVI



     This Certificate of Trust is being executed as of November 15, 2007 for the purposes of
organizing a statutory trust pursuant to the Delaware Statutory Trust Act, 12 Del. C. §3801 et seq.
(the “Act”).



     The undersigned, the trustees of Citigroup Capital XXVI, hereby certify as follows:



     1. Name. The name of the statutory trust being formed hereby is “Citigroup Capital XXVI” (the
“Trust”).



     2. Delaware Trustee. The name and business address of the trustee of the Trust which has its
principal place of business in the State of Delaware are as follows:


The Bank of New York (Delaware)

100 White Clay Center

Route 273

P. O. Box 6995

Newark, DE 19711




     3. Effective. This Certificate of Trust shall be effective immediately upon filing in the
Office of the Secretary of State of the State of Delaware.



1









 





Dated: November 15, 2007




	 	 	 	 	 	 	 
	 

	 	By:
	 	/s/ John Gerspach
	 	 
	 

	 	 	 	 	 	 
	 	 	John Gerspach, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Eric L. Wentzel	 	 
	 

	 	 	 	 	 	 
	 	 	Eric L. Wentzel, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Saul Rosen	 	 
	 

	 	 	 	 	 	 
	 	 	Saul Rosen, as Regular Trustee
	 
	 	 	 	 	 	 
	 	 	THE BANK OF NEW YORK (DELAWARE),
	 	 	as Delaware Trustee
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Kristine K. Gullo	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Kristine K. Gullo
	 	 	Title: Vice President
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	CITIGROUP INC.,
	 	 	as Sponsor
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Charles E. Wainhouse	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Charles E. Wainhouse
	 	 	Title: Vice President






2
Exhibit 32.1

Section 1350 Certification of the Chief Executive Officer

In connection with this Annual
Report of Sterling Bancshares, Inc. (the Company) on Form 10-K for the year ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Downey Bridgwater,
Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350 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: March 13, 2009 |  | by: |  | /s/ J. Downey Bridgwater                                                
|                      |  |     |  | J. Downey Bridgwater                                                    
|                      |  |     |  | Chairman, President and Chief Executive OfficerSterling Bancshares, Inc.
#### MADISON MERCANTILE PRODUCTS, Inc., et al. v. FRANK IX & SONS, Inc., et al.

Civ. A. No. 10232.

District Court, D. New Jersey.

Sept. 16, 1947.

Alexander B. Klotz, of New York City, for plaintiff.

Vanderbach & Vanderbach, of Gutenberg, N. J., for defendant.

SMITH, District Judge.

The plaintiffs brought suit against the defendants to recover the sum of $6,465.96 allegedly had and received by the defendants under a certain agreement, designated as Contract No. 664. The defendants filed an answer and counterclaim in which they denied their liability to the plaintiffs, although admitting receipt of the said sum, and asserted a claim against the plaintiffs for $10,000. The counterclaim, which alleges a breach of warranty, is likewise based upon a certain agreement, designated as 'Contract No. 3692.

This action is before the Court at this time on the application of the defendants, made pursuant to Section 3 of the United States Arbitration Act, 9 U.S.C.A. § 3, to stay the trial until arbitration has been had in accordance with the terms of the agreements. This application is resisted! by the plaintiffs, who contend that only the issues raised by the counterclaim are referable to arbitration. The contention is untenable.

It is apparent upon a mere reading of the agreements that each is an integrant of the other; the one covers the sale by the plaintiffs and the purchase by the defendants of “Spun Rayon Staple” of specified quality, and the other covers the sale by the defendants and the purchase by the plaintiffs of the finished product. The express provisions of the respective agreements are so obviously related that the agreements, although separately drawn, must be regarded as one contract, at least for the purposes of this action and the present application.

*616It is obvious that the adoption of the procedure suggested by the plaintiffs would result in two hearings of the issues of the controversy, one before the arbitraors and the other before this court. This procedure would violate the essence of the Rules of Civil Procedure, 28 U.S.C.A, following section 723c, and particularly Rule 13(b) and (c), quoted in the footnote.1 It is now generally recognized that the fundamental principles of justice demand that the issues of a controversy shall be adjudicated in a single action. The rules of civil procedure are clearly designed to lend force and meaning to these principles.

The application of the defendants is granted. The defendants shall prepare and submit forthwith, and upon notice to the plaintiffs, a proper order.

1

 “Rule 13 (b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.

“(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminisb or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.”
<PAGE>

                                                                    Exhibit 32.1

                CERTIFICATION OF EXECUTIVE CHAIRMAN OF THE BOARD

            Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc.
(the "Company") hereby certifies, to the best of such officer's knowledge, that:

            (i) the accompanying Annual Report on Form 10-K/A of the Company for
      the fiscal year ended January 31, 2004 (the "Report") fully complies with
      the requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; and

            (ii) the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

      Dated: April 28, 2005                      /s/ Clyde B. Anderson
                                                 ------------------------------
                                                 Clyde B. Anderson
                                                 Executive Chairman of the Board
SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D23-885

Lower Tribunal No. CF21-008472-XX

_____________________________

CHARLIE BERNARD GIFFORD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

Appeal from the Circuit Court for Polk County.

Hope M. Pattey, Judge.

November 14, 2023

PER CURIAM.

AFFIRMED.

STARGEL, NARDELLA and SMITH, JJ., concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant 

Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior 

Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING 

AND DISPOSITION THEREOF IF FILED
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAY-30-1998
<PERIOD-START>                             JUN-01-1997
<PERIOD-END>                               NOV-29-1997
<CASH>                                          16,097
<SECURITIES>                                         0
<RECEIVABLES>                                    8,281
<ALLOWANCES>                                         0
<INVENTORY>                                      9,123
<CURRENT-ASSETS>                                35,385
<PP&E>                                          19,548
<DEPRECIATION>                                   9,816
<TOTAL-ASSETS>                                  54,507
<CURRENT-LIABILITIES>                            9,414
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           677
<OTHER-SE>                                      43,619
<TOTAL-LIABILITY-AND-EQUITY>                    54,507
<SALES>                                         29,521
<TOTAL-REVENUES>                                29,521
<CGS>                                           19,829
<TOTAL-COSTS>                                   28,294
<OTHER-EXPENSES>                                    80
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  28
<INCOME-PRETAX>                                  1,539
<INCOME-TAX>                                       615
<INCOME-CONTINUING>                                923
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       923
<EPS-PRIMARY>                                     0.20
<EPS-DILUTED>                                     0.20
        

</TABLE>
#### Nocenzo Cusumano et al., Respondents, v City of New York, Appellant.

Submitted November 29, 2010;

decided January 11, 2011

Motion for clarification denied with $100 costs and necessary reproduction disbursements [see 15 NY3d 319 (2010)].
<TABLE> <S> <C>

<ARTICLE>                       5

<S>                             <C>
<PERIOD-TYPE>                     9-MOS
<FISCAL-YEAR-END>                 DEC-31-1999
<PERIOD-END>                      MAR-31-2000
<CASH>                                292,426
<SECURITIES>                                0
<RECEIVABLES>                         139,688
<ALLOWANCES>                           11,763
<INVENTORY>                                 0
<CURRENT-ASSETS>                      420,351
<PP&E>                                566,653
<DEPRECIATION>                         84,450
<TOTAL-ASSETS>                        908,969
<CURRENT-LIABILITIES>               1,229,260
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                             2,000
<COMMON>                                7,812
<OTHER-SE>                          (350,958)
<TOTAL-LIABILITY-AND-EQUITY>          908,969
<SALES>                               856,973
<TOTAL-REVENUES>                      856,973
<CGS>                               1,141,836
<TOTAL-COSTS>                       1,141,836
<OTHER-EXPENSES>                      429,428
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                     34,850
<INCOME-PRETAX>                     (722,444)
<INCOME-TAX>                                0
<INCOME-CONTINUING>                 (722,444)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                        (722,444)
<EPS-BASIC>                             (.09)
<EPS-DILUTED>                           (.09)


</TABLE>
EX-4.14



 





Exhibit 4.14




CERTIFICATE OF TRUST



OF


CITIGROUP CAPITAL XXXII



     This Certificate of Trust is being executed as of November 15, 2007 for the purposes of
organizing a statutory trust pursuant to the Delaware Statutory Trust Act, 12 Del. C. §3801 et seq.
(the “Act”).



     The undersigned, the trustees of Citigroup Capital XXXII, hereby certify as follows:



     1. Name. The name of the statutory trust being formed hereby is “Citigroup Capital XXXII”
(the “Trust”).



     2. Delaware Trustee. The name and business address of the trustee of the Trust which has its
principal place of business in the State of Delaware are as follows:


The Bank of New York (Delaware)

100 White Clay Center

Route 273

P. O. Box 6995

Newark, DE 19711




     3. Effective. This Certificate of Trust shall be effective immediately upon filing in the
Office of the Secretary of State of the State of Delaware.



1









 





Dated: November 15, 2007




	 	 	 	 	 	 	 
	 

	 	By:
	 	/s/ John Gerspach
	 	 
	 

	 	 	 	 	 	 
	 	 	John Gerspach, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Eric L. Wentzel	 	 
	 

	 	 	 	 	 	 
	 	 	Eric L. Wentzel, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Saul Rosen	 	 
	 

	 	 	 	 	 	 
	 	 	Saul Rosen, as Regular Trustee
	 
	 	 	 	 	 	 
	 	 	THE BANK OF NEW YORK (DELAWARE),
	 	 	as Delaware Trustee
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Kristine K. Gullo	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Kristine K. Gullo
	 	 	Title: Vice President
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	CITIGROUP INC.,
	 	 	as Sponsor
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Charles E. Wainhouse	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Charles E. Wainhouse
	 	 	Title: Vice President







2
II 

109TH CONGRESS 

1ST SESSION S. 953

To suspend temporarily the duty on triethylene bis. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005

Mr. BOND introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL

To suspend temporarily the duty on triethylene bis.

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

3 SECTION 1. TRIETHYLENE BIS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.29.15 Triethylene bis (2-

thylhexanonate) (CAS 

No. 94–28–0) (provided for in subheading 

2915.90.50) ................. Free No change No change On or before 12/

31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section applies with respect to goods entered, or with-
2

•S 953 IS 

1 drawn from warehouse for consumption, on or after the 

2 15th day after the date of the enactment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ODWALLA
INC'S FINANCIAL STATEMENTS FOR THE YEAR ENDED AUGUST 28, 1999 AS FILED ON FORM
10K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FILING ON FORM
10K.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-28-1999
<PERIOD-START>                             AUG-30-1998
<PERIOD-END>                               AUG-28-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           2,581
<SECURITIES>                                     4,788
<RECEIVABLES>                                    6,703
<ALLOWANCES>                                       631
<INVENTORY>                                      3,718
<CURRENT-ASSETS>                                20,047
<PP&E>                                          21,625
<DEPRECIATION>                                   8,748
<TOTAL-ASSETS>                                  35,305
<CURRENT-LIABILITIES>                           12,663
<BONDS>                                            688
<PREFERRED-MANDATORY>                            7,505
<PREFERRED>                                          0
<COMMON>                                        29,750
<OTHER-SE>                                    (15,301)
<TOTAL-LIABILITY-AND-EQUITY>                    35,305
<SALES>                                         68,042
<TOTAL-REVENUES>                                68,042
<CGS>                                           35,542
<TOTAL-COSTS>                                   35,542
<OTHER-EXPENSES>                                34,861
<LOSS-PROVISION>                                   360
<INTEREST-EXPENSE>                                 437
<INCOME-PRETAX>                                (2,401)
<INCOME-TAX>                                     (359)
<INCOME-CONTINUING>                            (2,042)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,042)
<EPS-BASIC>                                    (.45)
<EPS-DILUTED>                                    (.45)


</TABLE>
#### Life Receivables Trust, Plaintiff, v Goshawk Syndicate 102 at Lloyd’s, Respondent, and Life Settlement Corporation, Doing Business as Peach Tree Life Settlements, Appellant.

Submitted June 14, 2010;

decided July 1, 2010

Motion for reargument denied with $100 costs and necessary reproduction disbursements *(see*14 NY3d 850 (2010)]. Motion for a stay dismissed as academic.
## Contact Information

Bethesda MD20892-4872

behelerp@mail.nih.gov 

July 2023

Back to Top
<PAGE>   1


                                                                    EXHIBIT 23.1


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
333-46346 of Sterling Bancshares, Inc. on Form S-4 and in Registration
Statements Nos. 33-75444, 33-75442, 333-16719 and 333-57171 of Sterling
Bancshares, Inc. on Forms S-8 of our report dated March 10, 2000, appearing in
this Annual Report on Form 10-K of Sterling Bancshares, Inc. for the year ended
December 31, 1999.



DELOITTE & TOUCHE LLP
Houston, Texas
March 10, 2000