alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lansing *against*Orcott.

This Court, frau or great orderaperpeexe!ution°pro" vided the facts are made pernoto *tié*Court, so that complete justice can be done to all the parties concerned ; otherwise the execution may be stayed for a definite time, so as to give the party an Opportunity of applying to the Court of Chancery for relief.

*FOOT,*for the defendant, móved for an order for a perpetual stay of the execution issued in this cause ; and read a number of affidavits in support of the motion, relying on the case of *Smith*v. *Page,*(15 *Johns. Rep.*395.)

*^usse^¡*contra, after reading several affidavits, cited 2 *Yeates'1. Penn. Rep.*516. 5 *Binnetps Rep.*61. 7 *Mass.*J *or Rep.*71. 4 *Cranch,*413. 1 Johns. *Ch. Rep.*505.

*Per Curiam.*

There are so many parties interested in this case, and the facts are so complex, that we cannot, on this application, do justice to all concerned. We shall, therefore, order a stay of the execution for three months, to the end, that the parties may apply to the Court of Chancery *-r*and that no costs are to he allowed to either side. We do not refuse to interfere farther, on the ground of any want of jurisdiction ; for we should not hesitate to grant relief, if it was such a clear case, that we could do justice to all the parties interested.

Rule accordingly.
SECOND AMENDED AND RESTATED
 CERTIFICATE OF INCORPORATION
 OF
 STERLING CHEMICALS, INC.
  
  Corporation
 (1)
    
    The name under which the Corporation was originally incorporated was STX
Chemicals Corp. and the original Certificate of Incorporation of the Corporation was
filed with the Secretary of State of the State of Delaware on May 10, 1996.(2)
    
    The name of the Corporation was changed to Sterling Chemicals, Inc. pursuant to
that certain Certificate of Amendment of the Certificate of Incorporation of STX
Chemicals Corp. filed with the Secretary of State of the State of Delaware on August
21, 1996.(3)
    
    The original Certificate of Incorporation, as amended, was amended and restated
by the Amended and Restated Certificate of Incorporation filed with the Secretary of
State of the State of Delaware on December 6, 2002.(4)
    
    The Amended and Restated Certificate of Incorporation was amended pursuant to
that certain Certificate of Amendment of Amended and Restated Certificate of
Incorporation filed with the Secretary of State of the State of Delaware on April 19,
2005.(5)
    
    This Second Amended and Restated Certificate of Incorporation (this
Certificate) was duly adopted in accordance with Sections 242 and 245 of the
General Corporation Law of the State of Delaware (the DGCL) and will be
effective upon its filing with the Secretary of State of the State of Delaware.(6)
    
    The text of the original Amended and Restated Certificate of Incorporation, as
amended, of the Corporation is hereby amended and restated to read in its entirety as
follows:




---



##### 



FIRST: Corporation
 SECOND:
 THIRD:
 FOURTH:
 Authorized Capital Stock Preferred Stock Common Stock
 Common Stock
 Rights Generally
 Voting Rights of Common Stock Generally
 Dividend Rights
 Liquidation, Dissolution or Other Winding Up of the Corporation
 -2-




---



##### 



Preferred Stock
 Preferred Stock Designation
        -3-




---



##### 



Stock Options, Warrants, etc
 -4-




---



##### 



provided, however
 Restricted Equity Securities " Tag Along Agreement "
 FIFTH:
 Board of Directors Generally
    -5-




---



##### 



Power of Directors Concerning Bylaws
 Personal Liability of Directors
 -6-




---



##### 



General Powers of Directors provided, however
 SIXTH: proceeding provided Covered Person provided however
   -7-




---



##### 



SEVENTH:
 EIGHTH:
 NINTH:
 TENTH: provided that
  STERLING CHEMICALS, INC.By:/s/ Richard K. CrumpPresident and Chief Executive Officer -8-
EX-35.8
(logo) WELLS FARGO

Commercial Mortgage Servicing
D1086-120, 12th Floor
550 South Tryon Street
Charlotte, NC 28202
1-800-326-1334


ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated
as of July 1, 2013, by and among GS MORTGAGE SECURITIES CORPORATION II, as
Depositor, WELLS FARGO BANK NATIONAL ASSOCIATION, as Master Servicer, LNR
Partners, LLC, as Special Servicer, TRIMONT REAL ESTATE ADVISORS, INC, as
Operating Advisor and U.S. BANK NATIONAL ASSOCIATION, Certificate Administrator
and Trustee, Trust Advisor and U.S. Bank National Association, as with respect
to Commercial Mortgage Pass-Through GSMS Certificates Series 2013-GC13 (the
"Agreement"). Capitalized terms used herein not otherwise defined shall have
the meanings assigned in the Agreement.

Pursuant to Section 10.07 of this Agreement, I, Daniel Bober, Executive Vice
President of Commercial Mortgage Services do hereby certify that:

1. A review of the activities of the Master Servicer during the period from
January 1, 2013 through December 31, 2013 (the "Reporting Period"), and of its
performance per the Agreement during such period has been made under my
supervision, and

2. To the best of my knowledge, based on such review, the Master Servicer, has
fulfilled all of its obligations under the Agreement in all material respects
throughout the Reporting Period.

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 7th
day of March 2014.


/s/ Daniel Bober Daniel Bober Executive Vice President Wells Fargo Bank


Wells Fargo Bank, N.A.

(logo) Together we'll go far
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Annual Report of American Biogenetic Sciences, Inc. (the“Company”) on Form 10-KSB for the year ended December 31, 2003 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Richard Rubin, CEO, CFO and Chairman of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

/s/ Richard Rubin

CEO, CFO and ChairmanDated: February 28, 2006

A signed original of this writtenstatement required by Section 906 has been provided to American Biogenetic Sciences, Inc.and will be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.
**
**Exhibit 31.2**

**CERTIFICATION**

I, Tom Constantino,certify that: 

 
1.
I have reviewed this Annual Report on Form 10-K/A of A10 Networks, Inc.for the year ended December 31, 2017; and 

 
2.
Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial 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. 

 

Date: October 10, 2018
  
By: /s/ Tom Constantino
  
**Tom Constantino**
  
*Executive Vice President and Chief Financial Officer*

*(Principal Accounting and Financial Officer)*
**
1 The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 08-1793

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * Ferdinand McGuire, * [PUBLISHED] * Appellant. *

___________ Submitted: April 21, 2008 Filed: May 8, 2008

___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Ferdinand McGuire appeals from the district court’s 1 order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706 to the United States Sentencing Guide lines Manual (USSG), which reduced the base offense levels in USSG§ 2D1.1(c) based on the quan tity of cocaine base (crack). McGuire pleaded guilty to possessi ng with intent to distribute cocaine base, acknowledging that he was accountable for a qua ntity of 5.19 grams of that substance,-2- which subjected him to a minimum mandatory sentence of 60 months’ imprisonment. See 21 U.S.C. § 841(b)(1)(B); USSG § 5G1.1( c)(2). Accordingly, McGuire is not entitled to a reduction under the re troactive amendment. See USSG § 1B1.10(b)(2)(A); id. , cmt. n.1(a)(ii); United States v. Peters , No. 08-1672, slip op. (8th Cir. Apr. 29, 2008). The judgment is summarily affirmed. See 8th Cir. R. 47A(a).

______________________________
#### UNITED STATES of America, Plaintiff-Appellee, v. Obdulio GONZALEZ-NAVAS, Defendant-Appellant.

No. 07-13109

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Jan. 4, 2008.

R. Fletcher Peacock, Lynn Palmer Bailey, Jacksonville, FL, for Defendant-Appellant.

Patricia D. Barksdale, Jacksonville, FL, for Plaintiff-Appellee.

Before CARNES, BARKETT and WILSON, Circuit Judges.

PER CURIAM:

Lynn Palmer Bailey, appointed counsel for Obdulio Gonzalez-Navas in this appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and GonzalezNavas’s revocation of supervised release and resulting sentence are AFFIRMED.
<PAGE>

                                                                    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 accompanying Quarterly Report of Onyx Software
Corporation on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Brian C. Henry, Executive Vice President and 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:

         (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.

November 14, 2003          /s/ Brian C. Henry
-----------------          -----------------------------------------------------
Date                       Brian C. Henry
                           Executive Vice President and Chief Financial Officer

                                       52
EX-31 Rule13a-14(d)/15d-14(d) Certifications.

 

 

I, Helaine M. Kaplan,certify that:

 

1. I have reviewedthis report on Form 10-K and all reports on Form 10-D required to be filed inrespect of the period covered by this report on Form 10-K of the COMM2013-CCRE10 Mortgage Trust (the "Exchange Act periodic reports");

 

2. Based on myknowledge, the Exchange Act periodic reports, taken as a whole, do not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on myknowledge, all of the distribution, servicing and other information required tobe provided under Form 10-D for the period covered by this report is includedin the Exchange Act periodic reports;

 

4. Based on myknowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicers have fulfilled their obligations under theservicing agreements in all material respects; and

 

5. All of the reportson assessment of compliance with servicing criteria for asset-backed securitiesand their related attestation reports on assessment of compliance withservicing criteria for asset-backed securities required to be included in thisreport in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except asotherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K.

 

In giving thecertifications above, I have reasonably relied on information provided to me bythe following unaffiliated parties:

 

Wells Fargo Bank,National Association, as Master Servicer, LNR Partners, LLC, as SpecialServicer, U.S. Bank National Association, as Trustee, Wells Fargo Bank,National Association, as Certificate Administrator, Wells Fargo Bank, NationalAssociation, as Custodian, Park Bridge Lender Services LLC, as OperatingAdvisor, CoreLogic Commercial Real Estate Services, Inc., as Servicing FunctionParticipant, National Tax Search, LLC, as Servicing Function Participant, andKeyBank National Association (as successor to KeyCorp Real Estate CapitalMarkets, Inc.), as Primary Servicer.

 

 

 

Dated: March 16, 2020

 

 

/s/ Helaine M. Kaplan

 

 

President

(seniorofficer in charge of securitization of the depositor)
Exhibit 99.2

                            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 OrthoLogic Corp. (the "Company")
on Form 10-Q for the period ended September 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Sherry
A. Sturman, Chief Financial 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 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.

/s/  Sherry A. Sturman
-----------------------------
Chief Financial Officer
November 12, 2002

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Nos. 1D17-649

 1D17-657

 1D17-659

_____________________________

HENRY L. LYNN III,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

James C. Hankinson, Judge.

April 3, 2018

PER CURIAM.

AFFIRMED.

RAY, BILBREY, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Candice K. Brower, Regional Conflict Counsel, and Melissa J. 

Ford, Assistant Regional Conflict Counsel, Tallahassee, for 

Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
#### Michael ALBANO, Libellant, v. UNITED STATES of America, Respondent, and Imparato Stevedoring Corp., Respondent-Impleaded.

United States District Court S. D. New York.

July 7, 1960.

*21Baker, Garber & Chazen, Hoboken, N. J., Jack Steinman, New York City, of counsel, for libellant.

S. Hazard Gillespie, Jr., U. S. Atty., Southern Dist. of New York, New York City, for respondent, Benjamin H. Ber-man, Atty. in Charge, Admiralty & Shipping Section, Dept, of Justice, New York City, and Louis E. Greco, Admiralty & Shipping Section, Washington, D. C., of counsel.

William J. Kenney, New York City, for respondent-impleaded, Alexander, Ash & Schwartz, Sidney A. Schwartz, Joseph Arthur Cohen, New York City, of counsel.

METZNER, District Judge.

The respondent excepts to an interrogatory propounded by the impleaded respondent on the ground that such interrogatory is improper.

The libellant seeks to recover damages for persona] injuries allegedly sustained while he was lifting an empty pallet in the hold of a vessel owned by the respondent. The impleaded respondent is a ste-vedoring company and the employer of the libellant.

The interrogatory in question reads as follows:

> *“2.*State with particularity each and every act and/or omission to act on the part of the respondent-im-pleaded for which it is claimed that the respondent-impleaded is liable to indemnify the respondent herein.”

The authorities are split as to the propriety of this interrogatory. Those cases which hold the interrogatory improper are based on the premise that it calls for a conclusion or opinion. The authorities which sustain the interrogatory take the view that the interrogatory calls for nothing more than the details of the claim of the party, which is the purpose of the deposition-discovery procedures.

 I am persuaded that the latter position is the correct one. The Federal Rules of Civil Procedure, 28 U.S.C.A., provide for notice pleading and abolished long and technical complaints. Negligence, for example, may be pleaded generally without a specification of particulars. Fed.Rules of Civ.Pro., Appendix, Form 9, 28 U.S.C.A. Particularization of the claims and contentions of a party is a subject for deposition-discovery procedures. 4 Moore’s Federal Practice, 2nd Ed., 2310-2312; Chatman v. American Export Lines, D.C.S.D.N.Y.1956, 20 F.R.D. 176; Robinson v. Tracy, D.C.W.D.Mo. 1954, 16 F.R.D. 113. The exception to Interrogatory No. 2 is denied.

Interrogatory No. 1 is disposed of pursuant to the agreement between the parties.

So ordered.
#### UNITED STATES of America, Plaintiff-Appellee v. Hector CABRERA-REYES, Defendant-Appellant.

No. 07-41050

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 19, 2008.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

*344PER CURIAM: *

The Federal Public Defender appointed to represent Hector Cabrera-Reyes has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Cabrera-Reyes has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
Order filed, December 18, 2017

.

In The 

## Court of Appeals For The 

## First District of Texas

____________ NO. 01

- 17

- 00866

- CV
EVELYN KELLY, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF

DAVID CHRISTOPHER DUNN , Appellant

V.

HOUSTON METHODIST HOSPITAL , Appellee

On Appeal from the 189th District Court

Harris County, Texas Trial Court Case 2015

- 69681



### ORDER The reporter’s record in this case was due 12/12/2017

. See Tex. R. App. P. 35.1.
The court h as not received a request to extend time for filing the record. The record has not been filed with the court. Because the reporter’s record has not been filed timely, we issue the following order.

We order the official (or substitute) court reporter, t o file the record in this appeal
, if any, within 30 days of the date of this order

.

PER CURIAM
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       5,585,966
<SECURITIES>                                   250,283
<RECEIVABLES>                               16,343,412
<ALLOWANCES>                                   614,137
<INVENTORY>                                          0
<CURRENT-ASSETS>                            28,082,515
<PP&E>                                       2,461,074
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              32,194,248
<CURRENT-LIABILITIES>                       19,612,101
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           662
<OTHER-SE>                                  11,831,899
<TOTAL-LIABILITY-AND-EQUITY>                32,194,248
<SALES>                                              0
<TOTAL-REVENUES>                             6,956,480
<CGS>                                                0
<TOTAL-COSTS>                                6,889,868
<OTHER-EXPENSES>                                 1,197
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 65,415
<INCOME-TAX>                                     4,580
<INCOME-CONTINUING>                             60,835
<DISCONTINUED>                                       0
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<CHANGES>                                            0
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<EPS-PRIMARY>                                      .01
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