alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### American Creosoting Company *v.*Reddington.

[No. 11,409.

Filed February 18, 1925.

Rehearing denied April 28, 1925.

Transfer denied June 30, 1925.]

*Judgment.—Review of judgment not permissible after time for. appeal has*expired.—An action to review a judgment cannot be prosecuted where the time for taking an appeal has expired.

From Decatur Circuit Court; *John D. Megee,*‘Special Judge.

Action by the American Creosoting Company against William Reddington. From a judgment for defendant, the plaintiff appeals. *Appeal-dismissed.*By the second division.

*Goddard & Hite*and *Watson & Esarey,*for,appellant.

*Charles L. Tindall, Donald L. Smith, John H. Kipling er, Ed K. Adams*and *Thomas E. Davidson,*for appellee.

McMahan, J.

On February 16, 1915, appellant filed its complaint to review a judgment rendered against it and in favor of appellee, March 21, 1914; a motion for a new trial having been overruled prior to the rendition of the judgment.

From a judgment denying the review, appellant appeals. Appellee, has filed a motion to dismiss this appeal for the reason that appellant’s complaint to review was filed more than 180 days after the original judgment was rendered and at a time when there was no right to an appeal from that judgment.

On authority of *Talge Mahogany Co.*v. *Astoria Mahogany Co.*(1923), 195 Ind. 433, 141 N. E. 50, 145 N. E. 495, motion to dismiss is sustained, and appeal dismissed.
Exhibit 32.1

Certification of Chief Executive Officer

Pursuant to the requirement
set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Daniel N. Swisher, Jr.,
President and Chief Executive Officer of Sunesis Pharmaceuticals, Inc. (the Company), hereby certifies that, to the best of his knowledge:

1. The Companys Quarterly Report on Form 10-Q for the period ended September 30, 2009, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully
complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and

2. The
information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |                                                             
|----------------------- |  | ------------------------------------------------------------
|Date: November 16, 2009 |  | /s/    DANIEL N.
SWISHER, JR.                               
|                        |  | Daniel N. Swisher, Jr. President and Chief Executive Officer

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the
Securities and Exchange Commission and is not to be incorporated by reference into any filing of Sunesis Pharmaceuticals, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before
or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
**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 of24/7 Real Media, Inc. (the “**Company**”)on Form 10-Q for the period ended June 30, 2004 as filed with the Securitiesand Exchange Commission on the date hereof (the “**Report**”), I, David J. Moore, Chairman and Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adoptedpursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| August 9,  2004 |
|-----------------|
|            |
|            |
|            | /s/ David J. Moore |   |
|            | Chairman and Chief Executive Officer |
|            | (Principal Executive Officer) |

 

----
Exhibit 99.2

                                 CERTIFICATION

In connection with the Quarterly Report of Link Plus Corporation, (the
"Company") on Form 10-QSB for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Donald L. Kolasch, President, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes Oxley Act, that:

(1)      The Report fully complies with Section 13(a) or 15(d) of the Securities
         Exchange Act of 1934; and

(3)      The Information contained in the Report fairly represents, in all
         material aspects, the financial condition and result of operations on
         the Company.

By: /s/ Donald L. Kolasch, President
------------------------------------
February 21, 2003
#### Prestonsburg Water Co. v. Osborne et al.

(Decided Dec. 17, 1937.)

S. S. WILLIS and ALLEN & TACKETT for appellant.

J. B. CLARKE for appellees.

Opinion op the Court bv

Creal, Commissioner—

Reversing.

■Ballard Osborne and Mary Osborne have recovered judgment against the Prestonsburg Water Company, a corporation, for $1,000, and the latter is appealing. The judgment represents damages alleged to have been sustained by appellees by the destruction of their residence and its contents by fire alleged to have resulted from the failure of appellant to furnish water for fire fighting purposes as required by the ordinance under which it was operating its plant. Buildings of William Dingus and others in the vicinity burned at the same time.

One of the grounds argued for reversal is that the court over objections of appellant permitted Ballard Osborne to testify for his wife, Mary Osborne, who was *246the owner of the property. The evidence shows that the title to the real estate was in the name of Mary Oshorne and that the house as well as its contents were insured in her name. When called as a witness, Ballard Osborne testified in substance that he “guessed” .he owned the household goods and furnishings. He should not have been permitted to testify under the guise of ownership or joint ownership unless he was in fact the owner of the property and he should have been required to state positively concerning his title or ownership of the property.

In DeGraw v. Levin, 234 Ky. 73, 27 S. W. (2d) 432, and other cases cited under section 606 of the Civil Code of Practice, it. has been held that in actions for damages arising from injuries to real property jointly owned by husband and wife, either but not both may testify and we see no reason why the rule should not apply alike to personal property. This case was heard with that of Prestonsburg Water Company v. William Dingus, 271 Ky, 240, 111 S. W. (2d) 661, this day decided and with other actions growing out of the same conflagration and in all material respects, except as above recited, the pleadings, evidence, etc., are the same in all the cases. On the authority of the opinion in the Dingus. Case and for the reasons assigned the judgment is reversed and the cause remanded for proceedings consistent with that opinion. All other questions being reserved. '

Whole court sitting.
#### § 290.11 May an Indian tribe distribute per capita payments from net gaming revenues derived from either Class II or Class III gaming without a tribal revenue allocation plan?

No, IGRA requires that you have an approved tribal revenue allocation plan.
### [§9743. Repealed. Pub. L. 108–375, div. A, title X, §1072(c), Oct. 28, 2004, 118 Stat. 2058]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 587, related to use of transportation by officers of the Air Force.
### [§§1162, 1163. Repealed. Pub. L. 103–337, div. A, title XVI, §1662(i)(2), Oct. 5, 1994, 108 Stat. 2998]

Section 1162, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 2, 1958, Pub. L. 85–861, §1(27), 72 Stat. 1450, related to discharge of Reserves. See sections 12681 and 12682 of this title.

Section 1163, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 7, 1962, Pub. L. 87–651, title I, §106(a), 76 Stat. 508; Dec. 30, 1987, Pub. L. 100–224, §4, 101 Stat. 1538, related to limitations on separation of Reserve members from their reserve components. See sections 12683 to 12686 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
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 ITXC Corp. (the Company) on Form 10-Q for the quarter ended March 31, 2004, filed with the
Securities and Exchange Commission (the Report), I, Anthony Servidio, 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:



| | (3) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------



| | (4) | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and the consolidated
result of operations of the Company for the periods presented.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 10, 2004



/s/    Anthony ServidioAnthony Servidio Chief Financial Officer of ITXC
Corp.




This certification has been
furnished solely 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 HealthSouth Corporation. |

|        |
|--------|
|        |  |  |  |  |
| Date:  | July 29, 2014 |   |   |   |
|   |   | By: | /s/ JAY GRINNEY |   |
|   |   |   | Jay Grinney |   |
|   |   |   | President and Chief Executive Officer |   |
|   |   |   |   |   |
<PAGE>

                                                                   EXHIBIT 32.1


        CERTIFICATION PURSUANT TO 18 UNITED STATES CODE SECTION 1350, AS
        ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I, Eric J. Pulaski, Chairman of the Board, Chief Executive Officer and President
of BindView Development Corporation (the "Company"), certify that (i) the
Company's Form 10-Q for the quarter ended June 30, 2003 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Form 10-Q for the quarter ended June
30, 2003 fairly presents, in all material respects, the financial condition and
the results of operations of the Company.


By      /s/ ERIC J. PULASKI
        -------------------------------
        Eric J. Pulaski
        Chairman of the Board, Chief
        Executive Officer and President
        August 12, 2003



      The foregoing certification is being furnished solely pursuant to Section
906 of the Act and is not being filed as part of the Report or as a separate
disclosure document. A signed original of the foregoing certification has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
EXHIBIT 99.1


                                  PRESS RELEASE

FOR IMMEDIATE RELEASE

         Pathnet, Inc. Postpones Initial Public Offering of Common Stock


         Washington, D.C., August 13, 1998 -- Pathnet, Inc. today announced that
it will postpone its previously announced initial public offering of 4,687,500
shares of Common Stock due to the general weakness in the capital markets. The
decision to postpone the offering was made in conjunction with the managing
underwriters for the offering: Morgan Stanley Dean Witter, Bear, Stearns & Co.
Inc., Lehman Brothers and J.P. Morgan & Co.

         Pathnet's President and Chief Executive Officer, Richard A. Jalkut,
explained to the Company's employees: "Fortunately, we have the luxury to wait
until market conditions are more favorable to the Company. The Nasdaq Stock
Market has declined more than 10% from its high in mid-July. The Company's
existing cash resources of more than $270 million will be more than sufficient
to fund the Company's capital requirements for the foreseeable future. We will
continue to monitor the market, and, if conditions improve, we will consider
proceeding with this offering."

         This news release shall not constitute an offer to sell or the
solicitation of an offer to buy nor shall there be any sale of the above
described securities in any State in which such offer, solicitation or sale
would be unlawful prior to registration or qualification under the securities
laws of any such State. A registration statement relating to the above described
securities has been filed with the Securities and Exchange Commission.

         This news release contains "forward-looking statements" that involve
risks and uncertainties. Actual results may differ from the results discussed in
the forward-looking statements. The Company does not intend to update these
forward-looking statements.
§ 559.2 When must a tribe notify the Chair that it is considering issuing a new facility license? ( a ) A tribe shall submit to the Chair a notice that a facility license is under consideration for issuance at least 120 days before opening any new place, facility, or location on Indian lands where class II or III gaming will occur. ( 1 ) A tribe may request an expedited review of 60 days and the Chair shall respond to the tribe's request, either granting or denying the expedited review, within 30 days.
( 2 ) Although not necessary, a tribe may request written confirmation from the Chair.
( b ) The notice shall contain the following: ( 1 ) A legal description of the property;
( 2 ) The tract number for the property as assigned by the Bureau of Indian Affairs, Land Title and Records Offices, if any;
( 3 ) If not maintained by the Bureau of Indian Affairs, Department of the Interior, a copy of the trust or other deed(s) to the property or an explanation as to why such documentation does not exist; and
( 4 ) If not maintained by the Bureau of Indian Affairs, Department of the Interior, documentation of property ownership.
( c ) A tribe does not need to submit to the Chair a notice that a facility license is under consideration for issuance for occasional charitable events lasting not more than one week.
[77 FR 58772, Sept. 24, 2012, as amended at 87 FR 43990, July 25, 2022]
#### Sarah E. Kelly, Appellant, v. The Albany Savings Bank and Franklin B. Beers and Harvey S. Bedell, as Executors, etc., of Kate V. Beers, Deceased, Respondents.

— Judgment affirmed, with costs. No opinion. All concurred, except Kellogg and Sewell, JJ., dissenting.
# C_2006294EN.01004302.xml

| 2.12.2006 | EN | Official Journal of the European Union | C 294/43 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 294/43

---

Judgment of the Court of First Instance of 27 September 2006 — Werkgroep Commerciële Jachthavens Zuidelijke Randmeren and Others v Commission of the European Communities

(Case T-117/04) (1)

1

(State aid - Aid awarded by the Netherlands authorities to non-profit-making marinas - Action for annulment - Admissibility)

(2006/C 294/91)

Language of the case: Dutch

Parties

Applicants: Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren (Zeewolde, Netherlands); Jachthaven Zijl Zeewolde BV (Zeewolde); Maatschappij tot exploitatie van onroerende goederen Wolderwijd II BV (Zeewolde); Jachthaven Strand-Horst BV (Ermelo, Netherlands); Recreatiegebied Erkemederstrand vof (Zeewolde); Jachthaven- en Campingbedrijf Nieuwboer BV (Bunschoten-Spakenburg, Netherlands); Jachthaven Naarden BV (Naarden, Netherlands), (represented by: T. Ottervanger, A. Bijleveld and A. van den Oord, lawyers)

Applicants:

Defendant: Commission of the European Communities (represented by: H. van Vliet, A. Bouquet and A. Nijenhuis, Agents)

Defendant:

Intervener in support of the defendant: Kingdom of the Netherlands, represented by H. Sevenster and M. de Grave, Agents,

Intervener in support of the defendant

Re:

Application for annulment of Commission Decision 2004/114/EC of 29 October 2003 concerning aid measures implemented by the Netherlands in favour of non-profit harbours for recreational crafts (OJ 2004 L 34, p. 63).

Operative part of the judgment

The Court:

| 1. | Dismisses the action as inadmissible. |
| --- | --- |

1.

Dismisses the action as inadmissible.

| 2. | Orders the applicants to bear their own costs as well as those incurred by the Commission. The Kingdom of the Netherlands shall bear its own costs. |
| --- | --- |

2.

Orders the applicants to bear their own costs as well as those incurred by the Commission. The Kingdom of the Netherlands shall bear its own costs.

---

(1)  OJ C 118, 30.4.2004.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF RAILWORKS CORPORATION AS OF AND FOR THE PERIOD ENDED
SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       3,205,000
<SECURITIES>                                         0
<RECEIVABLES>                               68,780,000
<ALLOWANCES>                                         0
<INVENTORY>                                  9,955,000
<CURRENT-ASSETS>                           106,270,000
<PP&E>                                      13,603,000
<DEPRECIATION>                                 506,000
<TOTAL-ASSETS>                             211,698,000
<CURRENT-LIABILITIES>                       50,362,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       151,000
<OTHER-SE>                                 121,321,000
<TOTAL-LIABILITY-AND-EQUITY>               211,698,000
<SALES>                                    139,457,000
<TOTAL-REVENUES>                           139,457,000
<CGS>                                     (121,898,000)
<TOTAL-COSTS>                             (121,898,000)
<OTHER-EXPENSES>                           (33,554,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          (1,508,000)
<INCOME-PRETAX>                            (16,947,000)
<INCOME-TAX>                                  (967,000)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (17,914,000)
<EPS-PRIMARY>                                    (3.17)
<EPS-DILUTED>                                    (3.17)
        

</TABLE>
#### Eugene Hopper, Appellant, v. Panama Railroad Company, Respondent.

Judgment affirmed, with cosl-s. Ho opinion.
## Breadcrumb

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# Forms for pension practitioners and employers

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### **Reportable events:**

See Reportable Events and Large Unpaid Contributions for forms and reporting requirements.

 

 

December 27, 2023
#### § 62.1 Definitions.

As used in these regulations:

*Assistant Secretary* means the Assistant Secretary of the Interior for Indian Affairs or an authorized representative acting under delegated authority.

*Bureau* means the Bureau of Indian Affairs of the Department of the Interior.

*Commissioner* means the Commissioner of Indian Affairs or an authorized representative acting under delegated authority.

*Department* means the Department of the Interior.

*Director* means the Area Director of the Bureau of Indian Affairs area office which has administrative jurisdiction over the local field office responsible for administering the affairs of a tribe, band, or group of Indians or an authorized representative acting under delegated authority.

*Secretary* means the Secretary of the Interior or an authorized representative acting under delegate authority.

*Sponsor* means any authorized person, including an attorney, who files an appeal on behalf of another person.

*Superintendent* means the official or other designated representative of the Bureau of Indian Affairs in charge of the field office which has immediate administrative responsibility with respect to the affairs of a tribe, band, or group of Indians or an authorized representative acting under delegated authority.

*Tribal committee* means the body of a federally recognized tribal entity vested with final authority to act on enrollment matters.

*Tribal governing document* means the written organizational statement governing a tribe, band or group of Indians and/or any valid document, enrollment ordinance or resolution enacted thereunder.

*Tribal member* means a person who meets the requirements for enrollment in a tribal entity and has been duly enrolled.