alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### Th e Honorable Richard G. Kopf, United States District Judg e 1 

### for the District of Nebraska. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-4152

___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Cynthia R. Reed, also known as * District of Nebraska. Chelle Reed, * [UNPUBLISHED] * Appellant. *

___________ Submitted: April 16, 1997 Filed: April 24, 1997

___________ Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

___________ PER CURIAM. Cynthia R. Reed pleaded guilty to conspiring to distribute an d posses s with intent to distribute methamphetamine. Arguing that post
traumatic stress brought on by repeated childhood sexual assaults caused her to commit the instant offense, Reed moved for a downward departure from the Guidelines senten cing range under U.S. Sentencing Guidelines Manual § 5K2.13 , p.s. (diminished capacity). After an evidentiary hearing, th e district c ourt denied Reed’s motion, concluding that the evidence failed 1 to est ablish that Reed’s post-traumatic stress disorder resulted in a significantly reduced mental capacity which contributed to the

### -2-

commissionof the offense. The court sentenced Reed to 30 months ’ impr isonment, the minimum sentence in the applicable Guidelines range . Reed appeals her sentence. Be cause our reading of the record satisfies us that the distric t court was aware of it s authority to depart downward under section 5K2.13, the court’s exercise of its discretion not to de part is unreviewable. See United States v. Jackson , 56 F.3d 959, 960-61 (8th Cir. 1995) . Accordingly, the judgment is affirmed. A true copy. Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 9, 2007 Clifford W. Taylor,

 Chief Justice 

132351 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

RICHARD SHEPARD,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132351 

 COA: 261484 

Oakland CC: 02-041970-NO 

M & B CONSTRUCTION, L.L.C., 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the September 19, 2006 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on whether to grant the application or take other peremptory action. MCR 

7.302(G)(1). At oral argument, the parties shall address: (1) whether the proofs 

submitted at trial were sufficient to satisfy the standard for general contractor liability 

that is set forth in Ormsby v Capital Welding, Inc, 471 Mich 45, 54 (2004); and 

(2) whether the trial court should have granted summary disposition or a directed verdict 

in defendant's favor based on this issue. The parties may file supplemental briefs within 

42 days of the date of this order, but they should avoid submitting a mere restatement of 

the arguments made in their application papers. 

CAVANAGH, J., would deny leave to appeal. 

t0206 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 9, 2007 

 Clerk
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

December 26, 2012

t1217

Order 

December 26, 2012

144339

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144339

COA: 304286

Jackson CC: 04-001348-FC

LOREN DEPREE GREENE,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 16, 2011 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
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 this Annual Report of Equity Ventures Group, Inc. (the
“Company”) on Form 10-KSB for the year ending December 31, 2006, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Colette Kim Chief Executive Officer and Chief Financial Officer of the Company,
      certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as
      adopted pursuant to Sec. 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 result of operations of the
                Company.





*/s/
      Colette Kim*


Colette
      Kim


Chief
      Executive Officer


Chief
      Financial Officer




March
      13,
      2007
#### H. M. Knowles *vs.*Samuel D. Van Gorder.

October 26, 1876.

New Trial — Misconduct of Counsel at Trial. — -An application to set aside a verdict and grant a new trial, upon the ground that the jury have been improperly and unfairly influenced by counsel, is largely addressed to the sound discretion of the trial court.

Same — Objection by Court renders an Objection by Counsel for Defeated Party Unnecessary. — An objection made by the court, of its own motion, to the improper conduct complained of, is sufficient to enable the opposite party to take advantage of such conduct.

Action on a promissory note by endorsee against maker. Defence, that the note was procured by fraud of one Mead, the payee, and was by him endorsed to plaintiff after maturity. At the trial in the district court for Winona county, before *Mitchell,*J., the defendant’s counsel, in addressing the jury, commented at considerable length upon evidence which had been offered by him, but excluded by the court. To these comments the plaintiff’s counsel made no objection, but the judge, of his own motion, checked them as improper. In the charge, the jury were instructed to disregard all evidence that had been offered, but excluded by the court. The verdict Avas for defendant, and plaintiff moved for a neAV trial, Avhich Avas granted by the court, on the ground that the repeated offers by defendant of irrelevant testimony, and the references made to such testimony in the argument to the jury, and the inferences the jury were asked to draw from the fact that such evidence Aras excluded on plaintiff’s objection, Avere, when taken together, calculated to have, and did have Avith the jury, an influence highly unfair and prejudicial to plaintiff. From the order granting- such new trial the defendant appealed.

*JLloyd Barber,*for appellant.

*Thomas Wilson*and *W. H. Yale,*for respondent.

Berry, J.

An application to set aside a verdict and for a new trial, upon the ground that the jury have been improp*198erly and unfairly influenced by counsel, is largely addressed' to the sound discretion of the trial court. That court has far greater advantages than an appellate court can possibly have for observing the character' and effect of the influence complained of. In view of these considerations, and upon looking at the facts appearing in the case, and the grounds assigned by the court below for its action in the premises, we find no reason for doubting that the discretion appealed to in the present instance was properly exercised.

The fact that the improper conduct complained of was not objected to by plaintiff’s counsel becomes unimportant, when it is considered that it was objected to by the court of its own motion. This answered every purpose of an objection taken by counsel and sustained by the court. If, after-being admonished by the court, defendant’s counsel persisted (as he in effect did) in the impropriety to which his attention was called, it was not necessary for plaintiff, in order to save his rights, to make a further objection.

Order affirmed.
#### In the Matter of the Claim of Nicholas Gravino, Appellant, v *1104M. P. Painting, Inc., et al., Respondents. Workmen’s Compensation Board, Respondent.

Appeal from a decision of the Workmen’s Compensation Board, filed September 2, 1976. Claimant, a 58-year-old painter worked for the employer, a painting contractor, from May 3, 1973 until July 10, 1973, when he was laid off because of lack of work. During the period from June 20 through June 25, he painted pipes below the ground using Rustoleum; the total of such work amounted to approximately 24 hours. During this employment, claimant used acrylic paints including lacquers. Claimant’s personal physician reported that a pulmonary function test indicated claimant had moderately severe obstruction pulmonary disease on November 28, 1972, diagnosed as emphysema. The employer’s physician diagnosed claimant’s condition as chronic laryngobracheal bronchitis and broncholitis. He stated he had no concrete evidence implicating the chemical irritation "but the nature of his disease process suggests this type of etiology”. The board found that "on the basis of the probative and credible medical evidence in the record that the claimant did not suffer an occupational disease within the meaning of this law and there is no causal relationship between his condition and the employment”. The hoard’s conclusion is supported by substantial evidence and should be affirmed *(Matter of Paider v Park East Movers,*19 NY2d 373). Decision affirmed, without costs. Sweeney, J. P., Staley, Jr., Main, Larkin and Mikoll, JJ., concur.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.169 What effect does suspension have on my lease? ( a ) A suspension may extend the term of a lease (see § 250.180(b), (d), and (e)). The extension is equal to the length of time the suspension is in effect, except as provided in paragraph (b) of this section.
( b ) A Directed Suspension does not extend the term of a lease when the Regional Supervisor *directs* a suspension because of: ( 1 ) Gross negligence; or
( 2 ) A willful violation of a provision of the lease or governing statutes and regulations.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.818 Additional safety equipment—dry trees. ( a ) You must equip all tubing installations that have a wireline- or pumpdown-retrievable subsurface safety device with a landing nipple, with flow couplings or other protective equipment above and below it to provide for the setting of the device.
( b ) The control system for all surface-controlled SSSVs must be an integral part of the platform emergency shutdown system (ESD).
( c ) In addition to the activation of the ESD by manual action on the platform, the system may be activated by a signal from a remote location. Surface-controlled SSSVs must close in response to shut-in signals from the ESD and in response to the fire loop or other fire detection devices.
### §1506. Condemnation and sale of lands in escheat proceedings

If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this chapter, the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed within the period of one year, such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory. The defendant in any such escheat proceedings may, at any time before final judgment, suggest and show to the court that he has conformed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this chapter, would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court.

(Mar. 3, 1887, ch. 340, §6, as added Mar. 2, 1897, ch. 363, 29 Stat. 619.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 76 of Title 8, Aliens and Nationality.
#### RONCA v. NEW YORK BUILDING LOAN BANKING CO.

(Supreme Court, Appellate Term.

November 18, 1903.)

1. Building and Loan Association—Dues—Withdrawal—Action—Proof.

Where the certificate of a member of a building association, together with the by-laws thereof, provide that a member may withdraw dues paid thereon, but that not more than one-half of the dues received in any month shall be applied to the demands of withdrawing members without the directors’ consent, a "member seeking to recover dues must chow that the fund exists out of which the dues are payable, as provided by the certificate and by-laws.

*880Appeal from Municipal Court, Borough of Manhattan, Second District.

Action by Giovanni Ronca against the New York Building Loan Banking Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

before P. J„ and BISCHOFF and BLANCHARD, JJ.

Edward Hassett, for appellant.

Palmieri & Wechsler, for respondent.

BLANCHARD, J.

This action is brought by the plaintiff to recover the amount of certain deposits made by him with the defendant company, as a shareholder therein. The said deposits were in the nature of dues paid by the plaintiff upon á certificate of stock which he received from the company upon becoming a shareholder. The certificate contains the following clause:

“The money paid as dues on this certificate may be withdrawn at any time, subject to the provisions contained in the articles of association and bylaws of the corporation and the regulations adopted thereunder.”

The articles of association contained the following provisions:

> “Art. 47. At no time shall more than one half of the monthly dues received in any one month be applied to the demands of withdrawing members without the consent of the board of directors.”

> “Art. 77. The liability of this corporation to its shareholders shall be governed by article 47.”

The plaintiff has brought this action as for money absolutely due. He has mistaken his proper causé of action. He' should have alleged and proved that the fund exists out of which the dues are payable-, as provided by article 47. The burden of proof was upon him to prove this. However conflicting the authorities may have been on this point, the law seems to have been well settled in this state by Pawlick v. Homestead Loan Ass’n, 15 Misc. Rep. 427, 37 N. Y. Supp. 164, following Texas Homestead Building & Loan Ass’n v. Kerr (Tex. Sup.) 13 S. W. 1020, which was cited and approved in Engelhardt v. Fifth Ward Loan Ass’n, 148 N. Y. 285, 42 N. E. 71Ó, 35 L. R. A. 289. We question the propriety of counsel for the respondent citing Engelhardt v. Fifth Ward Loan Ass’n (Super. Buff.) 25 N. Y. Supp. 835, as an authority, after the same had been reversed by the Court of Appeals in 148 N. Y. 285, 42 N. E. 710, 35 L. R. A. 289.

Judgment appealed from should be reversed and new trial ordered; costs to appellant to abide event. All concur.
#### § 1218.560 How do I submit Form ONRR-4444?

You may obtain a copy of Form ONRR-4444 and instructions from ONRR. This form is posted at *http://www.onrr.gov/FM/Forms/default.htm.* Submit the completed, signed form to the address designated on Form ONRR-4444 instructions.

[77 FR 25881, May 2, 2012]
Consent of Independent Registered Public Accounting Firm



We consent to the incorporation by reference in the Registration
		Statement (Form S-8 No. 333-122582) pertaining to the Nalco Holding Company
		2004 Stock Incentive Plan and the Registration Statements (Form S-1 No.
		333-126642, Form S-1 No. 333-118583 and Form S-3 No. 333-130715) of Nalco
		Holding Company and in the related Prospectus of our reports dated March 1,
		2007, with respect to the consolidated financial statements and schedules of
		Nalco Holding Company, Nalco Holding Company management's assessment of the
		effectiveness of internal control over financial reporting, and the
		effectiveness of internal control over financial reporting of Nalco Holding
		Company, included in this Annual Report (Form 10-K) for the year ended December
		31, 2006.





/s/ Ernst & Young LLP



Chicago, Illinois

March 1, 2007
### §6955. Marketing policies, establishment; nondiscrimination requirement

In establishing any policies which may affect the development of new markets for recovered materials and in making any determination concerning whether or not to impose monitoring or other controls on any marketing or transfer of recovered materials, the Secretary of Commerce may consider whether to establish the same or similar policies or impose the same or similar monitoring or other controls on virgin materials.

(Pub. L. 89–272, title II, §5005, as added Pub. L. 96–482, §21(c)(1), Oct. 21, 1980, 94 Stat. 2346.)
###### Editorial Note on Part 1206

#### Editorial Note:

Nomenclature changes to part 1206 (formerly part 206) appear at 67 FR 19111, Apr. 18, 2002.

#### § 1206.151 [Reserved]
Exhibit32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

William H. Joyce, Chairman and ChiefExecutive Officer of Nalco Holding Company("Nalco") and Bradley J. Bell, Executive VicePresident and Chief Financial Officer of Nalco, in conjunction with thefiling of Nalco's 10-K financial report (the"Report") with the Securities and ExchangeCommission, covering the calendar quarter ending December 31, 2004,hereby certify, pursuant to 18 U. S. C. §1350, as adopted pursuantto §906 of the Sarbanes-Oxley Act of 2002, asfollows:

|          |                                                                                                                     |
|----------|---------------------------------------------------------------------------------------------------------------------|
| a.  | The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934, and |

|          |                                                                                                                                    |
|----------|------------------------------------------------------------------------------------------------------------------------------------|
| b.  | The information in the Reportfairly presents, in all material respects, the financial condition andresults of operations of Nalco. |

|  | /s/ William H. Joyce WilliamH. Joyce Chairman and Chief Executive Officer Date: March 24,2005 |
|--|-----------------------------------------------------------------------------------------------|

|  | /s/ Bradley J. BellBradley J. Bell Executive Vice President and Chief FinancialOfficer Date: March 24, 2005 |
|--|-------------------------------------------------------------------------------------------------------------|

A signed original ofthis written statement required by §906 has been provided to NalcoHolding Company and will be retained by Nalco Holding Company andfurnished to the Securities and Exchange Commission or its staff uponrequest.

----
**Exhibit 8.1**

**Subsidiaries of the Registrant**

Wholly-Owned Subsidiaries:

GameNow.net (Hong Kong) Ltd., a Hong Kong company 

The9 Computer Technology Consulting (Shanghai) Co., Ltd., a PRC company 

China The9 Interactive Limited, a Hong Kong company 

China The9 Interactive (Shanghai) Co., Ltd., a PRC company 

Consolidated Affiliated Entities: 

Shanghai The9 Information Technology Co., Ltd. (formerly known as Shanghai Jiucheng Information Technology Co., Ltd.), a PRC company 

Shanghai Jiucheng Advertisement Co., Ltd., a PRC company
<PAGE>
                                                                    EXHIBIT 99.5



                                 [ORIGEN LOGO]

                                  O R I G E N

                             OFFICER'S CERTIFICATE
                    REGARDING ANNUAL STATEMENT OF COMPLIANCE

Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2004-B

         I, W. Anderson Geater, hereby certify that I am a duly appointed Chief
Financial Officer of Origen Financial, L.L.C. (the "Servicer") and further
certify as follows:

         1.       This certification is being made pursuant to the terms of the
                  Servicing Agreement, dated as of September 1, 2004 (the
                  "Servicing Agreement"), among Origen Manufactured Housing
                  Contract Trust 2004-B, as issuer, the Servicer, as Servicer,
                  Origen Servicing, Inc. as subservicer (the "Subservicer"),
                  Vanderbilt Mortgage and Finance, Inc., as back-up servicer,
                  and JPMorgan Chase Bank, as indenture trustee.

         2.       I have reviewed the activities of the Servicer and the
                  Subservicer during the preceding year and the Servicer's
                  performance (and the Subservicer's performance on the
                  Servicer's behalf) under the Servicing Agreement and to the
                  best of my knowledge, based on such review, each of the
                  Servicer and Subservicer has fulfilled all of its obligations
                  under the Servicing Agreement throughout the year.

         Capitalized terms not otherwise defined herein have the meanings set
         forth in the Servicing Agreement.

         Dated: 3-10-05
               --------

         By: /s/ W. Anderson Geater
            -----------------------
         Name:  W. Anderson Geater
         Title: Chief Financial Officer

                  IN WITNESS WHEREOF, the undersigned has executed this
         Certificate as of March 10, 2005.

                  I, David C. Daugherty, the Controller of Origen Financial
         L.L.C., hereby certify that W. Anderson Geater is a duly elected,
         qualified, and acting Chief Financial Officer of Origen Financial
         L.L.C. and that the signature appearing above is his genuine signature.

                  IN WITNESS WHEREOF, the undersigned has executed this
         Certificate as of March 10, 2005.



         By: /s/ David C. Daugherty
            -----------------------
         Name:  David C. Daugherty
         Title: Controller
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 Annual Report on Form 10-K of TearLab Corp. (the “Company”) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William G. Dumencu, Chief Financial Officer and Treasurer 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/ William DumencuWilliam G. DumencuChief Financial Officer and  Treasurer
 
 Dated:   March 29, 2011