alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Carl Fazio, Appellant, v Charles F. Winson Gems, Inc., Respondent. Charles F. Winson Gems, Inc., Defendant and Third-Party Plaintiff, v H. W. Beattie & Sons, Inc., Third-Party Defendant.

Order, Supreme Court, New York County, entered on May 22, 1978, affirmed, without costs and without disbursements. Concur—Birns, Silverman and Sandler, JJ.

Kupferman, J. P., dissents in part in the following memorandum:

I dissent and would reverse and grant summary judgment against the corporate defendant, sever and remand for an inquest against said corporate defen*753dant. The corporate defendant Winson is engaged in the wholesale jewelry industry and sold to Beattie, a jeweler and third-party defendant herein, a gem which Beattie informed Winson it had in turn sold, now mounted as a platinum ring. The purchaser, undisclosed, was plaintiff. Several years later, Beattie sent the ring to defendant Winson for sale, and Beattie’s office informed defendant that its customer wanted $20,000. Defendant Winson left it under an "All-risk” memorandum at a valuation of $22,000 with a Mr. Gumbiner (not a party to this action) who offered $18,000. The latter offer, transmitted by defendant to Beattie for plaintiff, was rejected with insistence on $20,000. Defendant Winson then lowered the all-risk memo with Gumbiner to $21,500, and Gumbiner offered $19,000 for the ring, which latter offer was also rejected. Later, Beattie demanded return of the ring. In the meantime, Gumbiner delivered the ring on another all-risk memo to a different person (not a party to this action) and it has not been returned to Beattie or to plaintiff owner on demand. This is an action to replevy, or in the alternative, for damages. The court at Special Term found an issue of fact on whether defendant was authorized to sell or only to secure an offer. However, even on defendant’s version of the facts, the plaintiff’s price was never met, although now the defendant has offered to pay the $20,000 price to the plaintiff, which the plaintiff now rejects. The individual defendant is an officer of defendant and more would have to be shown to visit liability upon him, so summary judgment as to him is not warranted at this stage.
EXHIBIT 32.3



Certification of Chief Executive Officer 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 on Form 10-Q of
Duquesne Light Company (the Company) for the period ending June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), Morgan K. OBrien, as Chief Executive Officer of the
Company, hereby certifies, 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 his knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



WITNESS the due execution hereof this 9thday of August, 2004.



/s/ Morgan K. OBrienMorgan K. OBrienPresident and Chief Executive Officer




This
certification 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.



A signed original
of this certification required by Section 906 has been provided to the Company, who will retain it and furnish a copy to the Securities and Exchange Commission or its staff upon request.



45
### §9006. Studies, reports, and audits

(a) Provisions Relating to Carriers.—Each master contract under this chapter shall contain provisions requiring the carrier—

(1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and

(2) to permit the Office and representatives of the Government Accountability Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter.

(b) Provisions Relating to Federal Agencies.—Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require.

(c) Reports by the Government Accountability Office.—The Government Accountability Office shall prepare and submit to the President, the Office of Personnel Management, and each House of Congress, before the end of the third and fifth years during which the program under this chapter is in effect, a written report evaluating such program. Each such report shall include an analysis of the competitiveness of the program, as compared to both group and individual coverage generally available to individuals in the private insurance market. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.

(Added Pub. L. 106–265, title I, §1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

#### **Editorial Notes**

#### Amendments

2004—Subsec. (a)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".

Subsec. (c). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and two places in text.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the Company's
Condensed Consolidated Balance Sheet at March 31, 1997 and the
Company's Condensed Consolidated Statement of Operations for the three
months ended march 31, 1997, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                             365
<SECURITIES>                                         0
<RECEIVABLES>                                    10747
<ALLOWANCES>                                       367
<INVENTORY>                                       5730
<CURRENT-ASSETS>                                 17377
<PP&E>                                            7589
<DEPRECIATION>                                    2204
<TOTAL-ASSETS>                                   22802
<CURRENT-LIABILITIES>                            12418
<BONDS>                                           2224
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          1221
<OTHER-SE>                                        5509
<TOTAL-LIABILITY-AND-EQUITY>                     22802
<SALES>                                          10932
<TOTAL-REVENUES>                                 10947
<CGS>                                             9146
<TOTAL-COSTS>                                     9146
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    27
<INTEREST-EXPENSE>                                 270
<INCOME-PRETAX>                                    100
<INCOME-TAX>                                        45
<INCOME-CONTINUING>                                 55
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        55
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
        

</TABLE>
#### CRONIN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 6, 1903.)

Action by Daniel M. Cronin againt the Metropolitan Street Railway Company.

C. F. Brown, for appellant. J. M. Gifford, for respondent.

No opinion. Judgment and order affirmed, with costs.
Agreement



 Exhibit 10(ooo) 
 AGREEMENT 
 The parties hereto agree that the vesting date with respect to the Restricted Stock Agreements—9,612 Series
F shares, dated March 20, 2002, between United Rentals, Inc. and Michael Kneeland, and 625 Series K shares, dated July 16, 2002, between United Rentals, Inc. and Michael Kneeland is delayed from April 1, 2006 to May 1, 2006.

 The foregoing is acknowledged and agreed to on this 30th day of March, 2006. 
  

									
	 UNITED RENTALS, INC.,
 a Delaware corporation
	 		 	
				
	By:	 	/S/    WAYLAND R. HICKS	 		 	 /S/    MICHAEL
KNEELAND

		 	 Name: Wayland R. Hicks
 Title:   Chief Executive Officer
	 		 	 Michael Kneeland
#### TUCKER v. RAND

No. 403P97

Case below: 126 N.C.App. 833

Motion by plaintiff for court to sanction defendant denied 2 October 1997. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 October 1997.
### THE THIRTEENTH COURT OF APPEALS

13

- 16

- 00193

- CR

STEFAN KYLE BONIABY

v. THE STATE OF TEXAS

On Appeal from the 180th District Court of Harris County , Texas Trial Cause No. 144830001010

JUDGMENT
THE THIRTEENTH COURT OF APPEALS, having considered this cause on
appeal, concludes the appeal should be dismissed. The Court orders the appeal

DISMISSED in accordance with its opinion

.
We further order this decision certified below for observance.

June 9, 2016
### §743. National preparedness goal

#### (a) Establishment

The President, acting through the Administrator, shall complete, revise, and update, as necessary, a national preparedness goal that defines the target level of preparedness to ensure the Nation's ability to prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters.

#### (b) National Incident Management System and National Response Plan

The national preparedness goal, to the greatest extent practicable, shall be consistent with the National Incident Management System and the National Response Plan.

(Pub. L. 109–295, title VI, §643, Oct. 4, 2006, 120 Stat. 1425.)
### §8507. False statements and misrepresentations

(a) If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual—

(1) knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and

(2) as a result of that action has received an amount as compensation under this subchapter to which he was not entitled;

the individual shall repay the amount to the State agency or the Secretary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 8502(d) and 8503(c) of this title.

(b) An amount repaid under subsection (a) of this section shall be—

(1) deposited in the fund from which payment was made, if the repayment was to a State agency; or

(2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 42 U.S.C. 1368(b). | Sept. 1, 1954, ch. 1212, §4(a), "Sec. 1508(b)", 68 Stat. 1135. |

Statutes at Large

In subsection (a), the words "as the case may be", "be liable to", and "of any amount" are omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Ex parte Christopher Bennett Wooten

, * From the County Court

of Howard County,

Trial Court No. 31429

.

No. 11

- 1 8

- 00 307

- CR * December 13 , 2018

* Per Curiam Memorandum Opinion

(Panel consists of: Bailey , C.J.,

Willson, J. , and Wright, S.C.J.,

sitting by assignment )

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that the appeal

should be dismissed for want of jurisdiction . Therefore, in accordance with this

court’s opinion, the appeal is dismissed for want of jurisdiction

.
Exhibit 31.1

CERTIFICATIONS

I, Richard M. Haddock, certify that:

1.  I have reviewed this quarterly report on Form10-Q of LaserCard Corporation, a Delaware corporation (“registrant”), for the quarterly period ending June 30, 2006;

2.  Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by this report;

3.  Based on my knowledge, the financialstatements, and other financial information included in this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;

4.  The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant andhave:

(a)  Designed suchdisclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

(a)  Designed suchinternal control over financial reporting or caused such internal control over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordancewith generally accepted accounting principle.

(c)  Evaluated theeffectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(d)  Disclosed in thisreport any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting;and

5.  The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors:

(a)  All significantdeficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financial information; and

(b)  Any fraud, whetheror not material, that involves management or other employees who have a significant role in the registrant’s internal control over financialreporting.

Date: August 9, 2006

/s/ Richard M. Haddock
#### § 1901.14 Fees.

No fees will be charged for any action under the authority of the Privacy Act, 5 U.S.C. 552a, irrespective of the fact that a request is or may be processed under the authority of both the Privacy Act and the Freedom of Information Act.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1015

ALFRED LOCKLEAR; GWEN D. LOCKLEAR, Plaintiffs - Appellants, versus BOARD OF COMMISSIONERS/BOARD OF ADJUSTMENT OF HOKE COUNTY, NORTH CAROLINA; L. E. MCLAUGHLIN, personally; TOM HOWELL, personally; RILEY JORDAN, personally; DUNCAN MCFADYEN, former Hoke County Attorney; JAMES C. SPENCER, JR., the Honorable; JERRI DUNSTON, Attorney, United States Department of Justice; SARA MCDONALD, personally; DAVID GIBSON, personally, Defendants - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., Chief District Judge. (CA-97-1277-1) Submitted: May 13, 1999 Decided: May 18, 1999Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.2 Alfred Locklear, Gwen D. Locklear, Appellants Pro Se. Tyrus Vance Dahl, Jr., WOMBLE, CARLYLE, SANDRIDGE & RICE, Winston-Salem, North Carolina; Charles Jerome Murray, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina; Gill Paul Beck, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina; Lawrence Pierce Egerton, EGERTON & ASSOCIATES, Greensboro, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Alfred and Gwen Locklear appeal the district court’s order denying relief on their civil action raising claims under the FairHousing Act and 42 U.S.C.A. § 1983 (West Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Locklear v. Board of Commissioners , No. CA-97- 1277-1 (M.D.N.C. Dec. 1, 1998). We deny the Locklears’ motion to appoint counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
§ 37.1315 Nonprofit organization. ( a ) Any corporation, trust, association, cooperative or other organization that: ( 1 ) Is operated primarily for scientific, educational, service, or similar purposes in the public interest.
( 2 ) Is not organized primarily for profit; and
( 3 ) Uses its net proceeds to maintain, improve, or expand the operations of the organization.
( b ) The term includes any nonprofit institution of higher education or nonprofit hospital.
### §8126. Subpenas; oaths; examination of witnesses

The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may—

(1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;

(2) administer oaths;

(3) examine witnesses; and

(4) require the production of books, papers, documents, and other evidence.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 780. | Sept. 7, 1916, ch. 458, §29, 39 Stat. 748.Oct. 14, 1949, ch. 691, §205(c)(2), 63 Stat. 864. |

Statutes at Large

Oct. 14, 1949, ch. 691, §205(c)(2), 63 Stat. 864.

The words "under this subchapter" are added to preserve the original grant of power in the Act of Sept. 7, 1916.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>   1,000

<S>                                             <C>                  <C>
<PERIOD-TYPE>                           Year                 3-MOS
<FISCAL-YEAR-END>                       Jan-31-1999          Jan-30-2000
<PERIOD-START>                          Feb-02-1998          May-03-1999
<PERIOD-END>                            Jan-31-1999          Aug-01-1999
<CASH>                                       10,423              10,490
<SECURITIES>                                      0                   0
<RECEIVABLES>                                 3,557               2,501
<ALLOWANCES>                                      0                   0
<INVENTORY>                                 113,225             115,774
<CURRENT-ASSETS>                            127,564             128,902
<PP&E>                                       73,967              76,269
<DEPRECIATION>                              (35,340)            (37,750)
<TOTAL-ASSETS>                              172,474             173,388
<CURRENT-LIABILITIES>                        37,488              37,769
<BONDS>                                           0                   0
<COMMON>                                          1                   1
<PREFERRED-MANDATORY>                             0                   0
<PREFERRED>                                       0                   0
<OTHER-SE>                                   86,425              88,551
<TOTAL-LIABILITY-AND-EQUITY>                172,474             173,388
<SALES>                                     363,509              94,144
<TOTAL-REVENUES>                            363,509              94,144
<CGS>                                       239,442              62,250
<TOTAL-COSTS>                               239,442              62,250
<OTHER-EXPENSES>                                  0                   0
<LOSS-PROVISION>                                  0                   0
<INTEREST-EXPENSE>                            4,234                 942
<INCOME-PRETAX>                              11,502               2,978
<INCOME-TAX>                                  4,287               1,133
<INCOME-CONTINUING>                           7,215               1,845
<DISCONTINUED>                                    0                   0
<EXTRAORDINARY>                                   0                   0
<CHANGES>                                      (956)                  0
<NET-INCOME>                                  6,259               1,845
<EPS-BASIC>                                  1.41                 .37
<EPS-DILUTED>                                  1.40                 .37


</TABLE>
**Exhibit 23.1**

**CONSENT OF DELOITTE & TOUCHE LLP, INDEPENDENT**

**REGISTERED PUBLIC ACCOUNTANTS**

We consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-44204, 333-34648, 33-86930, 33-90392, 33-96620,33-97490, and 333-132447) and on Form S-8 (Nos. 333-45118, 333-40508, 333-44212, 33-41027, 333-142980, 333-13387, 333-13359, 333-13357, 33-80988, 333-56244, 333-48110, 333-35276, 333-34622, 333-94999, 333-92885, 333-87039, 333-55983, 333-55991,333-34671, 333-81414, 333-102747, 33-80992, 33-94790, 333-133830, 333-115123 and 333-128427) of our report dated February 22, 2008 relating to the consolidated financial statements and financial statement schedules of PMC-Sierra Inc. (which reportexpressed an unqualified opinion and includes an explanatory paragraph relating to the Company’s adoption of Statement of Financial Accounting Standard No. 123(R) “Share-Based Payment” and Financial Accounting Standards BoardInterpretation No. 48 “Accounting for Uncertainty in Income Taxes”) and the effectiveness of internal control over financial reporting appearing in the Annual Report on Form 10-K of PMC-Sierra Inc. for the year ended December 30,2007. 

/s/ DELOITTE & TOUCHE LLP 

IndependentRegistered Public Accountants 

Vancouver, Canada 

February 22, 2008