alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### DAMGAARD, Respondent, v. SOUTH DAKOTA BENEVOLENT SOCIETY, Appellant.

(254 N. W. 924.)

(File No. 7634.

Opinion filed June 1, 1934.)

*Bruell & Henderson.,*of Redfield, for Appellant.

*Sterling, Clark & Grigsby,*of Redfield, for Respondent.

CAMPBELL, J.

Defendant is an assessment life insurance company incorporated under the laws of this state. On October 30, 1932, plaintiff and: his wife eaoh applied for membership in defendant company, paying the required fee of $2.50 and executing a written application for insurance reciting in part as follows:

> “I * * * certify * * * that I am in good health. That I have no ailment that I know of that will shorten my natural life. I make this application with the understanding that should! it be proven false, I will be deprived of the benefits of this society.”

Defendant accepted said applications and on November 1, 1932, executed and delivered to each applicant its assessment contract, agreeing to pay to the named beneficiary in case of death of the insured the sum of $1,000. Plaintiff was named as 'beneficiary in the contract covering his wife. The wife died on December 26, 1932, the cause of her death being a heart ailment known as endocarditis, and plaintiff brought the present action to recover upon the contract insuring her life. Defendant, inter alia, pleaded fraud, alleging that the deceased was not in good health at the time of making -the application, as both she and plaintiff, her beneficiary, well knew, but was in fact then suffering from the chronic heart ailment which a month and twenty-six days later caused her death.

*534The issues coming on for trial with a jury, plaintiff prevailed, and from the judgment and a denial of its application for new trial defendant has now appealed.

There is much argument as to whether or not the above-quoted statements 'contained in the application constitute warranties or are representations only. We think we need not decide that question in this case. Appellant company did not require medical examination but issued its contract upon the application. The application of decedent was made with the full knowledge, and in the presence of her beneficiary, the respondent. The evidence shows beyond question that the deceased had been afflicted with endocarditis for more than a year prior to her death and had been taking medicine for her heart intermittently at least during that time. Just a week prior to making the application she had! ‘been in bed and had been attended 'by a physician. We cannot avoid the conclusion that 'both, deceased and respondent at the time the application in question was made, well realized that the deceased was not in good health and the representation to that effect in the application, even if it did not constitute a warranty, was knowingly false. To permit respondent to recover, under all the circumstances shown by this record, would be to sanction a fraud upon the appellant.

Appellant’s motion for judgment notwithstanding the verdict should have been granted, and the judgment appealed from is reversed and the cause remanded with directions for the entry of judgment accordingly.

All the Judges concur.
<PAGE>

Exhibit 32

                        WORLD MARKETING, INC. FORM 10-QSB
                     FOR THE QUARTER ENDED FEBRUARY 28, 2007
      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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, Jacob Roth, certify that

     1.   I am the Chief Executive Officer and Chief Financial Officer of World
          Marketing, Inc.

     2.   Attached to this certification is Form 10-QSB for the quarter ended
          February 28, 2007, a periodic report (the "periodic report") filed by
          the issuer with the Securities Exchange Commission pursuant to Section
          13(a) or 15(d) of the Securities and Exchange Act of 1934 (the
          "Exchange Act"), which contains condensed financial statements.

     3.   I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
          pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that

          o    The periodic report containing the condensed financial statements
               fully complies with the requirements of Section 13(a) or 15(d) of
               the Exchange Act, and

          o    The information in the periodic report fairly presents, in all
               material respects, the consolidated financial condition and
               results of operations of the issuer for the periods presented.


April 16, 2007                                       /s/ Jacob Roth
                                                     ---------------------------
                                                     Jacob Roth
                                                     Chief Executive Officer and
                                                     Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by World Marketing, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

This certification will not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, or otherwise subject to the liability of that
section. This certification will not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities Exchange Act
of 1934 even if the document with which it is submitted to the Securities and
Exchange Commission is so incorporated by reference.
### §25. Use of minors in crimes of violence

(a) Definitions.—In this section, the following definitions shall apply:

(1) Crime of violence.—The term "crime of violence" has the meaning set forth in section 16.

(2) Minor.—The term "minor" means a person who has not reached 18 years of age.

(3) Uses.—The term "uses" means employs, hires, persuades, induces, entices, or coerces.

(b) Penalties.—Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall—

(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and

(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.

(Added Pub. L. 108–21, title VI, §601[(a)], Apr. 30, 2003, 117 Stat. 686.)
§ 655.30 How does the Secretary evaluate an application? Cross Reference
Link to an amendment published at 89 FR 68758 , Aug. 27, 2024.
The Secretary evaluates an applications for International Education Programs on the basis of— ( a ) The general criteria in § 655.31; and
( b ) The specific criteria in, as applicable, subpart D of 34 CFR parts 658, 660, 661, and 669.
(Authority: 20 U.S.C. 1121-1127)
[64 FR 7739, Feb. 16, 1999]
§ 81.45 Collection of claims. ( a ) An authorized Departmental official collects a claim established under this subpart by using the standards and procedures in 34 CFR part 30.
( b ) A claim established under this subpart may be collected— ( 1 ) 30 days after a recipient receives notice of a disallowance decision if the recipient fails to file an acceptable application for review under § 81.37; or
( 2 ) On the date of the final decision of the Department under § 81.44 if the recipient obtains review of a disallowance decision.
( c ) The Department takes no collection action pending judicial review of a final decision of the Department under section 458 of GEPA.
( d ) If a recipient obtains review of a disallowance decision under § 81.38, the Department does not collect interest on the claim for the period between the date of the disallowance decision and the date of the final decision of the Department under § 81.44.
(Authority: 20 U.S.C. 1234(f)(1); 1234a(f)(1) and (2), (i), and (1))
[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]
### §751. Personnel

In connection with the establishment of such fish-rescue station there is authorized the following personnel, namely: One district supervisor, to have general charge of fish-rescue and fish-cultural operations in the Mississippi Valley; a superintendent, two field foremen, four fish-culturists at large, one engineer at large, one clerk, two coxswains at large, and two apprentice fish-culturists.

(Apr. 28, 1922, ch. 153, §2, 42 Stat. 501.)

#### **Editorial Notes**

#### Codification

Provisions relating to the compensation of such personnel have been omitted as such pay is fixed pursuant to chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
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Jul 29 2020 /s/ Keith L. Phillips

Jul 30 2020

Case 20-30038-KLP Doc 44 Filed 07/30/20 Entered 07/30/20 13:52:06 Desc Main

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Case 20-30038-KLP Doc 44 Filed 07/30/20 Entered 07/30/20 13:52:06 Desc Main

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EXHIBIT 32



                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 Ulticom, Inc. (the
"Company") on Form 10-Q for the period ended July 31, 2003 (the "Report"), I,
Shawn K. Osborne, President and Chief Executive Officer of the Company and I,
Mark A. Kissman, Vice President of Finance and Chief Financial Officer of the
Company, each 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.



                                               /s/ Shawn K. Osborne
                                               ---------------------------------
                                               Shawn K. Osborne
                                               President and
                                               Chief Executive Officer
                                               September 12, 2003


                                              /s/ Mark A. Kissman
                                              ----------------------------------
                                              Mark A. Kissman
                                              Vice President of Finance and
                                              Chief Financial Officer
                                              September 12, 2003
§ 370.47 What is program income and how may it be used? ( a ) *Definition.* ( 1 ) Consistent with 2 CFR 200.80 and for purposes of this part, *program income* means gross income earned by the designated agency that is directly generated by an activity supported under this part.
( 2 ) Funds received through the transfer of Social Security Administration payments from the designated State unit, as defined in 34 CFR 361.5(c)(13), in accordance with 34 CFR 361.63(c)(2) will be treated as program income received under this part.
( b ) *Use of program income.* ( 1 ) Program income, whenever earned or received, must be used for the provision of services authorized under § 370.4.
( 2 ) ( i ) The designated agency must use program income to supplement Federal funds that support program activities that are subject to this part. See, for example 2 CFR 200.307(e)(2).
( ii ) Notwithstanding 2 CFR 200.305(a) and consistent with 2 CFR 200.305(b)(5), and to the extent that program income funds are available, a designated agency, regardless of whether it is a State agency, must disburse those funds (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional funds from the Department.
(Authority: Sections 12(c) and 108 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 728; and 20 U.S.C. 3474);
----

NOTICE

On 22 June 2006, in Official Journal of the European Union C 146 A, the ‘Common catalogue of agricultural plant species — Third supplement to the 24th complete edition’ will be published.

Subscribers to the Official Journal may obtain the same number of copies and language versions of this Official Journal as those to which they subscribe free of charge. They are requested to return the attached order form, duly completed and bearing their subscription registration number (code appearing on the left of each label and beginning with: O/......). This Official Journal will remain available free of charge for one year from the date of its publication.

Non-subscribers can order this Official Journal against payment from one of our sales offices (see http://publications.europa.eu/others/sales_agents_en.html).

This Official Journal — like all Official Journals (L,C,CA,CE) — can be consulted free of charge online at http://eur-lex.europa.eu.

----
Editorial Note on Part 674
Editorial Note: Nomenclature changes to part 674 appear at 65 FR 18002, 18003, Apr. 6, 2000.

§ 674.62 No cancellation for prior service—no repayment refunded. ( a ) No portion of a loan may be cancelled for teaching. Head Start, volunteer or military service if the borrower's service is performed— ( 1 ) During the same period that he or she received the loan; or
( 2 ) Before the date the loan was disbursed to the borrower.
( b ) The institution shall not refund a repayment made during a period for which the borrower qualified for a cancellation unless the borrower made the payment due to an institutional error.
(Authority: 20 U.S.C. 425 and 1067ee)
[52 FR 45758, Dec. 1, 1987. Redesignated at 59 FR 61413, Nov. 30, 1994]
### §3192. Protection of accused

Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.

(June 25, 1948, ch. 645, 62 Stat. 825.)

#### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §659 (R.S. §5275).

Words "crimes or" before "offenses" were omitted as unnecessary.
[ARTICLE] 5
[LEGEND]
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE AUDITED BALANCE SHEET OF HORN SILVER MINES, INC. FOR THE PERIOD
ENDED DECEMBER 31, 1995 AND THE RELATED STATEMENTS OF OPERATIONS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   YEAR
[FISCAL-YEAR-END]                          DEC-31-1995
[PERIOD-END]                               DEC-31-1995
[CASH]                                          18,637
[SECURITIES]                                         0
[RECEIVABLES]                                        0
[ALLOWANCES]                                         0
[INVENTORY]                                          0
[CURRENT-ASSETS]                                18,637
[PP&E]                                          14,075
[DEPRECIATION]                                  13,439
[TOTAL-ASSETS]                                  20,844
[CURRENT-LIABILITIES]                           51,701
[BONDS]                                              0
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[COMMON]                                     1,627,573
[OTHER-SE]                                           0
[TOTAL-LIABILITY-AND-EQUITY]                    20,844
[SALES]                                              0
[TOTAL-REVENUES]                                17,149
[CGS]                                                0
[TOTAL-COSTS]                                        0
[OTHER-EXPENSES]                                51,667
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                                   0
[INCOME-PRETAX]                               (34,518)
[INCOME-TAX]                                         0
[INCOME-CONTINUING]                           (34,518)
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                  (34,518)
[EPS-PRIMARY]                                      .00
[EPS-DILUTED]                                      .00
</TABLE>
APPLICANT STANARD LEROYPHILLIPS APPLICATION NO. WR-81.098-01 

### APPLICATION FOR 11.07 WRIT OFHABEAS CORPUS ACTION TAKEN REMAND FOR EVIDENTIARY HEARING. 

### JUDGE *— / DATE
EXHIBIT 31.2  SECTION 302 PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER CERTIFICATION  RULE 13A-14(A)/15D-14(A) CERTIFICATIONS  I, Alex Ferries, the Treasurer (Principal Financial and Accounting Officer), Secretary and Director of Ardmore Holding Corp, certify that:  1. I have reviewed this Annual Report on Form 10-KSB of Ardmore Holding Corp (the registrant) 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)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared; b) (omitted in accordance with SEC Release Nos. 33-8238 and 34-47986); c) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonable likely to materially affect, the registrants internal control over financial reporting; and 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 registrants board of directors (or persons performing the equivalent function): a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonable likely to adversely affect the registrants ability to record, process, summarize and report financial information; and b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  Dated: 3/31/2008 /s/ Alex Ferries Alex Ferries Treasurer (Principal Financial and Accounting Officer) Secretary and Director
##### 



Exhibit 32.1
 Certification of Chief Executive Officer and Principal Financial Officer pursuant to Section
906 of the Public  Company Accounting Reform and Investor Protection Act of 2002 (18 U.S.C. §1350, as adopted)
  1.
    
    The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2008, to which
this Certification is attached as Exhibit 32.1 (the Quarterly 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 Quarterly Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 In Witness
Whereof
 /s/ BARRY D. QUART, PHARM.D.Barry D. Quart, Pharm.D.Chief Executive Officer and
Principal Financial Officer
EXHIBIT 32.3



CALIFORNIA PIZZA KITCHEN, INC



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 California Pizza Kitchen, Inc (the Company) on Form 10-K for the fiscal year ended January 1, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Susan M.
Collyns, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.1350, as adopted pursuant to 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.



March 17, 2006



By:

/s/    SUSAN M.
COLLYNSSusan M. Collyns Chief Financial Officer








---

|* |  | This certificate accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of
2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
|- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------