alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People *of*the State of New York, Respondent, v. Michael Conforti, Appellant, et al., Defendants.

Order, entered on or about October 28, 1959, denying defendant’s application for a writ of error *coram nobis,*unanimously affirmed. No opinion. Concur — Botein, P. J., Breitel, Rabin, Valente and Noonan, JJ.
#### The People of the State of New York, Respondent, v. Harold Seiler, Appellant.

Order entered on March 23, 1960 unanimously affirmed. No opinion. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.
#### Cornelius Lumber Company, appellee, v. Frank I. Abbott, appellant.

Gen. No. 27,942.

Suit for purchase price of carload of lumber with freight charges. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed May 28, 1923.

*Certiorari*denied by Supreme Court (making opinion final).

Eric Winters, for appellant. Winston, Strawn & Shaw, for appellee; Frank H. Towner, of counsel.

Mr. Justice Matchett

delivered the opinion of the court.
§ 20.2 Definitions. ( a ) *Adequate.* Appropriate and sufficient as determined by mutual agreement between the manufacturer and MSHA.
( b ) *Approval.* Official notification in writing from MSHA to a responsible organization, stating that upon investigation its lamp has been adjudged satisfactory under the requirements of this part.
( c ) *Explosion-proof compartment.* An enclosure that withstands internal explosions of methane-air mixtures without damage to itself or discharge of flame and without ignition of surrounding explosive methane-air mixtures.
( d ) *Permissible.* Completely assembled and conforming in every respect with the design formally approved by MSHA under this part. (Approvals under this part are given only to equipment for use in gassy and dusty mines.)
[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955]
| Exhibit 99.4 **GS Mortgage Securities Series 2004-GG2****Aggregate Statement of Principal and Interest Distributions to****Certificateholders****for January 1, 2004 to December 31, 2004****Ending Principal****Class****Principal****Interest****Balance**LR 0.00 0.00 0.00 A-1 5,750,331.76 444,946.73 39,249,668.24 A-1A 470,904.38 2,959,490.75 177,198,095.62 A-2 0.00 1,431,000.00 100,000,000.00 A-3 0.00 3,927,040.00 256,000,000.00 A-4 0.00 3,441,706.68 208,000,000.00 A-5 0.00 3,044,223.32 173,000,000.00 A-6 0.00 23,376,371.32 1,299,650,000.00 B 0.00 1,191,513.00 65,110,000.00 C 0.00 540,273.56 29,299,000.00 D 0.00 967,312.08 52,088,000.00 E 0.00 553,693.67 29,300,000.00 F 0.00 493,726.39 26,044,000.00 G 0.00 432,020.07 22,789,000.00 H 0.00 555,432.70 29,299,000.00 J 0.00 109,970.80 6,511,000.00 K 0.00 219,941.60 13,022,000.00 L 0.00 219,941.60 13,022,000.00 M 0.00 164,964.64 9,767,000.00 N 0.00 109,970.80 6,511,000.00 O 0.00 164,947.76 9,766,000.00 P 0.00 549,865.52 32,555,686.00 R 0.00 0.00 0.00 X-C 0.00 839,687.29 2,598,181,449.86 X-P 0.00 3,592,482.53 2,474,498,000.00 |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
### §57503. Competitive bidding

(a) Advertisement and Bidding.—The Secretary of Transportation may make a contract with a private shipbuilder for the construction of a new vessel, or for the reconstruction or reconditioning of an existing vessel, only after due advertisement and upon sealed competitive bids.

(b) Opening of Bids.—Bids required under this section shall be opened at the time and place stated in the advertisement for bids. All interested persons, including representatives of the press, shall be permitted to attend. The results of the bidding shall be publicly announced.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1665.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 57503(a) | 46 App.:1193(a). | June 29, 1936, ch. 858, title VII, §703(a), (c) (related to construction, reconstruction, or reconditioning), 49 Stat. 2008; Pub. L. 97–31, §12(105), Aug. 6, 1981, 95 Stat. 163. |
| 57503(b) | 46 App.:1193(c) (related to construction, reconstruction, or reconditioning). | |

Section

In subsection (b), the words "Bids required under this section" are substituted for "All bids required by the Secretary of Transportation for the construction, reconstruction, or reconditioning of vessels" to eliminate unnecessary words. The word "hour" is omitted as covered by "time".
#### Philip Schwartz, Respondent, v Allendale Garment Co., Inc., et al., Defendants, and Kayser-Roth Corp. et al., Appellants.

Order, Supreme Court, New York County, entered September 23, 1977, granting, *inter alia,*plaintiff’s motion to vacate his default, unanimously modified, on the law and on the facts and in the exercise of discretion, without costs or disbursements, to the extent of denying the motion to vacate the dismissal of the complaint and severing the counterclaims and, except, as thus modified, affirmed. The evidence sufficiently demonstrates that plaintiff abandoned his causes of action. The political upheaval in the summer of 1974 in Portugal where plaintiff then resided and conducted a business, as well as his house arrest for five days in July of 1974, are insufficient justification for plaintiff’s default. At that juncture there had been virtually no activity on his part in this lawsuit for over six years. His departure in January of 1975 for Taiwan, knowing that his counsel had been granted leave to withdraw, evinces complete neglect of this lawsuit. Accordingly, Special Term correctly dismissed the complaint, *sua sponte.*On the other hand, it is clear that plaintiff never received the note of issue served in January of 1975. While the circumstances relied upon by Special Term to vacate the dismissal of the complaint are insufficient, they are nevertheless persuasive on the issue of justification of plaintiff’s default in defending against the counterclaims. Plaintiff did interpose a timely reply to the counterclaims and he should be afforded the opportunity to defend against them. The failure to prosecute diligently his own claims should not be a bar to a defense against the *966counterclaims. (See *Chin v Chin,*44 AD2d 812.) Concur—Fein, J. P., Lane, Sandler and Sullivan, JJ.
#### PEOPLE, Respondent, v. BURNAP, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 1, 1905.)

Proceedings by the people of the state of New York against George A. Burnap.

PER CURIAM.

Judgment affirmed.

WILLIAMS and HISCOCK, JJ„ dissent.
#### GOLDSTEIN v. MICHELSON et al.

(Supreme Court, Appellate Division, First Department.

February 17, 1905.)

Action by Louis Goldstein against Lena Michelson and others. No opinion. Motion granted, upon appellant stipulating that, upon affirmance, judgment absolute shall be rendered against him.
### §393. Criteria for approval and expenditures by Secretary

#### (a) Construction and planning grants

The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request.

#### (b) Basis for determination

The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) and designed to achieve—

(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;

(2) the expansion of the service areas of existing public telecommunications entities;

(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and

(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.

#### (c) Noncommercial radio broadcast station facilities

Of the sums appropriated pursuant to section 391 of this title for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities.

(June 19, 1934, ch. 652, title III, §393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90–129, title II, §201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, §104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99–272, title V, §5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102–356, §3, Aug. 26, 1992, 106 Stat. 949.)

#### **Editorial Notes**

#### Amendments

1992—Subsec. (b)(4). Pub. L. 102–356 inserted before period at end ", including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals".

1986—Subsecs. (c), (d). Pub. L. 99–272 redesignated subsec. (d) as (c) and struck out former subsec. (c) relating to extension of services to new areas.

1978—Pub. L. 95–567 amended section generally, striking out provisions dealing with keeping records and access to records by Secretary and Comptroller General and inserting provisions dealing with criteria for approval and expenditures by Secretary. See sections 392(h) and 395(h) of this title.

1967—Pub. L. 90–129 substituted "subpart" for "part" wherever appearing.

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

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title.
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 2376

CLARA LEWIS BROCKINGTON
,
Plaintiff

- Appellant
,

v.

KIMBRELL ’ S FURNITURE OF FLORENCE; MIKE ELLIS, Store Manager; KIMBRELL ’ S CORPORATE OFFICE; TERRY PETERS, Vice President; CAROL FAIRCLOTH, Regional Manager; CINDY MORRISON, Credit Manager; FORTEGRA INSURANCE CO. LIFE OF SOUTH; VIVIAN GOHERTRY, Claims Dept.; FAST FURNITURE REPAIRS; RON EASLEY, Store Manager; RICK S. KAHLBAUGH, CEO Fortegra Life
,
Defendants

- Appellees,

and

LACY DE TEMPLE, Kimbrell ’ s Claim Dept.; JOSIE WHEELER, Store Manager of Sam ’ s Furniture; S.C. DEPARTMENT OF INSURANCE; DIANE COOPER, Insurance Manager of S.C. Department of Insurance; NANDI J. CHOLER, Insurance Analyst, S.C. Dept. of Insurance ,
Defendants.

Appeal from the United States District Court for the District of South Carolina , at Florence

. R. Bryan Harwell, Chief District Judge. ( 4:20

- cv

- 03270

- RBH )

Submitted : March 14, 2022 Decided: March 23, 2022

Before WYNN and RUSHING , Circuit Judges , and KEENAN , Senior Circuit Judge

. USCA4 Appeal: 20-2376 Doc: 5 Filed: 03/23/2022 Pg: 1 of 32 Affirmed by un published per curiam opinion

.

Clara Lewis Brockington , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 20-2376 Doc: 5 Filed: 03/23/2022 Pg: 2 of 33 PER CURIAM:
Clara Lewis Brockington appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing her complaint without prejudice

. We have reviewed the record and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. Brockington v. Kimbrell’s Furniture of Florence , No.

4:20

- cv

- 03270

- RBH (D.S.C. Nov. 19, 2020) . We dispense with oral argumen t because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.

AFFIRMED USCA4 Appeal: 20-2376 Doc: 5 Filed: 03/23/2022 Pg: 3 of 3
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

FELITA SAMPLE,

Plaintiff,

 v.

MATTERSON,

Defendant. /

No. C 09-01416 SI

ORDER OF DISMISSAL UPON

SETTLEMENT

The parties to the action, by their counsel, have advised the court that they have agreed

to a settlement. 

IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. However, that

if any party hereto certifies to this court, with proof of service of a copy thereon on opposing counsel,

within ninety days from the date hereof, that settlement has not in fact occurred, the foregoing order

shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings.

Dated: SUSAN ILLSTON

United States District Judge

Case 3:09-cv-01416-SI Document 33 Filed 04/12/10 Page 1 of 1
#### In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for a Project Known as Two Bridges Urban Renewal, in the Borough of Manhattan. R.E.R. Realty Corporation, Appel-

Supreme Court, New York County, entered on July 3, 1973, unanimously affirmed for the reasons stated by Chimera, J. at Special Term, without costs and without disbursements. Concur—Murphy, P. J., Silver-man, Evans and Lane, JJ.
Exhibit 21.1





|                                                |  |                                                             
|----------------------------------------------- |  | ------------------------------------------------------------
|List of Subsidiaries                           
|                                                | 
|Name of Entity                                  |  | State or Other Jurisdiction of Incorporation or Organization
|DreamWorks Animation L.L.C.                     |  | Delaware                                                    
|DreamWorks, Inc.                                |  | Delaware                                                    
|DWA Finance I L.L.C.                            |  | Delaware                                                    
|DreamWorks Post-Production L.L.C.               |  | Delaware                                                    
|DreamWorks Animation Home Entertainment, L.L.C. |  | Delaware                                                    
|Pacific Data Images, Inc.                       |  | California                                                  
|Pacific Data Images L.L.C.                      |  | Delaware                                                    
|Pacific Productions LLC                         |  | Delaware
Exhibit 15.3




April 26, 2013
  
 The Directors,
 China Finance Online Limited
 9th Floor, International Enterprise Plaza No. 35 Finance Street
 Beijing 100145, PRC
 
  
 Subject:          WRITTEN CONSENT OF AMERICAN APPRAISAL CHINA LIMITED
  
 We hereby consent to the references to our name and our financial appraisal reports, dated September 10, 2012 and April 25, 2013 and addressed to the board of directors of China Finance Online Co. Ltd (the “Company”), and to references to our valuation methodologies, assumptions and conclusions associated with such reports, in the annual reports on Form 20-F of China Finance Online Co. Ltd. and any amendments thereto (the “Registration Statements”) filed or to be filed with the U.S. Securities and Exchange Commission. We further consent to the filing of this letter as an exhibit to the annual report on Form 20-F for the year ended December 31, 2012.
  In reaching our valuation conclusions, we relied on the accuracy and completeness of the financial statements and other data provided by China Finance Online Co. Ltd and its representatives. We did not audit or independently verify such financial statements or other data and take no responsibility for the accuracy of such information. The Company determined the fair values and our valuation reports were used to assist in reaching its determinations.
  In giving such consent, we do not hereby admit that we come within the category of persons whose consent is required under Section 7 of the U.S. Securities Act of 1933, as amended, or the rules and regulations adopted by the Securities and Exchange Commission thereunder (the “Act”), nor do we admit that we are experts with respect to any part of such Registration Statements within the meaning of the term “experts” as used in the Act.
  
 
 Yours faithfully,
  
   AMERICAN APPRAISAL CHINA LIMITED
#### Harvey S. Rohloff et al., Respondents, v. Stanley S. Lombardo et al., Appellants.

Judgment unanimously affirmed, with costs. (Appeal from judgment of Erie Special Term requiring specific performance of a contract to sell real estate or for assessment of damages.) Present—Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
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 Simon Property Group, L.P. (the "Company") on Form 10-Q for the
period ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

|                                                                                                                                                                          |  | 
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | 
|/s/ David Simon
David Simon
Chairman and Chief Executive Officer
Simon Property Group, Inc.
General Partner of Simon Property Group, L.P.                                 |  | 
|Date: August 13, 2008                                                                                                                                                     |  | 
|/s/ Stephen E. Sterrett
Stephen E. Sterrett
Executive Vice President and Chief Financial Officer
Simon Property Group, Inc.
General Partner of Simon Property Group, L.P. |  | 
|Date: August 13, 2008                                                                                                                                                     |  | 

34

---



QuickLinks
#### Arnold L. Beizer *v.*Michael Goepfert Arnold L. Beizer *v.*Michael Goepfert et al.

*Mark R. Leder,*in support of the petition.

*James F. Aspell,*in opposition.

Decided September 25, 1992

The plaintiff’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 693, is denied.
Back to Q3FY11 10Q


Exhibit 32.1





The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. These certifications shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.








Certification of Chief Executive Officer





Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Schiff Nutrition International, Inc., a Delaware corporation (the “Company”), hereby certifies, to his knowledge, that:





(i)  the accompanying Quarterly Report on Form 10-Q of the Company for the period ended February 28, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and





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





Dated: April 14, 2011
By:
/s/ Tarang P. AminTarang P. AminChief Executive Officer








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








Certification of Chief Financial Officer





Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Schiff Nutrition International, Inc. a Delaware, corporation (the “Company”), hereby certifies, to his knowledge, that:





(i)  the accompanying Quarterly Report on Form 10-Q of the Company for the period ended February 28, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and





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





Dated: April 14, 2011
By:
/s/ Joseph W. BatyJoseph W. BatyChief Financial Officer





A signed original of this written statement required by Section 906 has been provided to Schiff Nutrition International, Inc. and will be retained by Schiff Nutrition International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Editorial Note on Part 1206
Editorial Note: Nomenclature changes to part 1206 (formerly part 206) appear at 67 FR 19111, Apr. 18, 2002.

§ 1206.116 What are my reporting requirements under a non-arm's-length transportation contract? ( a ) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on transportation costs that you or your affiliate incur(s).
( b ) ( 1 ) For new non-arm's-length transportation facilities or arrangements, you must base your initial deduction on estimates of allowable transportation costs for the applicable period.
( 2 ) You must use your or your affiliate's most recently available operations data for the transportation system as your estimate, if available. If such data is not available, you must use estimates based on data for similar transportation systems.
( 3 ) Section 1206.118 applies when you amend your report based on the actual costs.
( c ) ONRR may require you or your affiliate to submit all data used to calculate the allowance deduction. You may find recordkeeping requirements in parts 1207 and 1212 of this chapter.
( d ) If you are authorized under § 1206.112(j) to use an exception to the requirement to calculate your actual transportation costs, you must follow the reporting requirements of § 1206.115.
#### § 285.403-285.405 [Reserved]
#### State of Connecticut *v.*Richard Prunier

*Judith Machuga,*special public defender, in support of the petition.

*Leon F. Dalbec, Jr.,*assistant state’s attorney, in opposition.

Decided October 2, 1992

The defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 612, is denied.

Berdon, J.,

dissenting. I would grant the defendant’s petition for certification.