alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Holloway, appellant, v. Stephens *et al.*

*Evidence—contract—measure of damages.*

A contract between an advertiser and an advertising agent, in respect to the insertion of advertisements in various newspapers, contained the following : *“*And it is distinctly understood and agreed upon by the signer hereof, that the schedule papers must have been in existence as newpapers twelve months, and that no advertisements must be inserted in them of Holloway’s preparations, if his advertisement is already therein when offered by said Stephens, or wanting these two essential points, this contract will be null and void.” In an action wherein the advertising agent in his answer claimed damages, by reason of the refusal of the advertiser to carry out' the contract; *held,*that it was necessary for the advertising agent to show that the papers in which he had been prevented from advertising by plaintiff’s repudiation were such as had been in existence “as newspapers” for twelve months, and that “ Holloway’s preparations ” were not already advertised in them. 'The finding of the referee, was that the advertising agent was entitled to $135,355.44 damages, declared to be the estimated profits the agent would have received, at the end of two years, if the contract had been fully carried out. The estimate was made upon a total of 217 newspapers, and the gross aggregate of charges, after making certain deductions, was estimated to be $270,710.88, of which the agent was allowed 50 per cent. There was no proof of the existence of the *newspapers;*that they had been in existence the time required by the contract; that the advertiser’s advertisements were not already in them; that they were ready and willing to insert advertisements as low as the estimated cost of publishing, or that they were permanent, and would have been able to have continued the advertisements for the time stipulate^.. *Meld,*that the measure of damages was *659altogether too speculative and conjectural, and' that the judgment entered upon the report of the referee should be reversed.

Appeal from a judgment in favor of defendant, for $171,237.43, entered upon the. report of a referee. The complaint asked that defendant he restrained from continuing or bringing any actions against plaintiff, by reason of any claim, under certain agreements made in behalf of plaintiff, between plaintiff’s, attorney, who was also joined as defendant, and an advertising agent the other defendant, and asking that such agreements be declared null and void, and demanded an- accounting. The advertising agent claimed damages for $200,000, in his answer.

*S. P. Nash*and *M. B. Maclay,*for appellants.

*A. J. Vanderpoel*and 'T. *B. Eldridge,*for respondents.

Davis, J.

The opinion contains only a review of the evidence taken before a referee, and the conclusions noted in the head note, and it is believed unnecessary to publish the same at length. ,

*Judgment reversed and new trial ordered.*
#### § 293.8 Permanent structures and commercial services.

Motels, summer homes, stores, resorts, organization camps, hunting and fishing lodges, electronic installations, and similar structures and uses are prohibited in National Forest Wilderness. The Chief, Forest Service, may permit temporary structures and commercial services within National Forest Wilderness to the extent necessary for realizing the recreational or other wilderness purposes, which may include, but are not limited to, the public services generally offered by packers, outfitters, and guides.
#### § 14.59 Additional rights-of-way within highway rights-of-way.

A right-of-way granted under this subpart confers upon the grantee the right to use the lands within the right-of-way for highway purposes only. Separate application must be made under pertinent statutes and regulations in order to obtain authorization to use the lands within such rights-of-way for other purposes. Additional rights-of-way will be subject to the highway rights-of-way. Future relocation or change of the additional right-of-way made necessary by the highway use will be accomplished at the expense of the additional right-of-way grantee. Prior to the granting of an additional right-of-way the applicant therefor will submit to the authorized officer a written statement from the highway right-of-way grantee indicating any objections it may have thereto, and such stipulations as it considers desirable for the additional right-of-way.
EX-35 (d)
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.


March 15, 2007

Greenwich Capital Acceptance, Inc
600 Steamboat Road
Greenwich, CT 06830

RE: Annual Statement As To Compliance for Zuni Mortgage Loan Trust 2006-OA1

Per Section 3.17 of the Pooling and Servicing Agreement, dated as of 6/1/2006,
the undersigned Officer of Wells Fargo Bank, N.A., (Securities Administrator),
hereby certifies the following for the 2006 calendar year or portion thereof:


(A)  a review of such party's activities during the preceding calendar year or
     portion thereof and of such party's performance under this Agreement, or
     such other applicable agreement in the case of any Servicing Function
     Participant, has been made under such officer's supervision and

(B)  to the best of such officer's knowledge, based on such review, such party
     has fulfilled all its obligations under this Agreement, or such other
     applicable agreement in the case of any Servicing Function Participant, in
     all material respects throughout such year or portion thereof, or, if there
     has been a failure to fulfill any such obligation in any material respect,
     specifying each such failure known to such officer and the nature and
     status thereof.



Certified By:
/s/ Reid Denny
Reid Denny, Vice President

Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary
1 

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                                                                                                                                                                                                                                                                                                                                                                                                                CatalogMatches: 1Offline form Recent Popular Online Print OtherCOPS-W0703Planning and Managing Security for Major Special Events: Guidelines for Law EnforcementFor law enforcement executives, command staff, and trainers involved in, or providing training in, managing special events in their communities, the safety and security of the event itself, the people who attend the event, as well as the surrounding community, are of the utmost importance. The guide covers all aspects of pre-event planning, security needs during the event, and post-event activities. Topics covered include threat and risk assessments; intelligence; staffing needs and resources; communications; access control and credentialing; traffic and transportation; logistics, training, and public information; hazardous materials; critical infrastructure; demonstrations; and security management.By Edward ConnorsCategories: Police OperationsLanguage: EnglishPublic linkhttps://portal.cops.usdoj.gov/resourcecenter?item=cops-w0703Click here to see the entire catalog.Cart:Download PDFWeb • Aug 2011Search catalogreset title abstract authors contentContaining text: exact phraseNot containing text: exact phraseLanguage:anyEnglishSpanishHmongVietnameseCategory:anyAlternatives to IncarcerationCommunity PartnershipsData and AnalysisEthics and IntegrityFoundations of Community PolicingHiring, Recruitment, and RetentionHomeland SecurityNew Immigrant CommunitiesNonviolent CrimeOtherPolice OperationsPOP Center ResourceSchool and Campus SafetyTechnologyTribalViolent CrimeYouth SafetyPublished after:Published before:Page1

                    

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Rendered on Mon Mar 4 2024 at 05:27 (UTC-5) in 0.90 secEnterprise Framework 3.21.7.7 • Store Controls 3.3.1.7Survey 500303407 Section 60000560 Rules Hints Inactive
Exhibit
32.1





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Spicy Pickle Franchising, Inc. (the
“Company”) on Form 10-K for the period ending December 31, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Marc Geman, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:





(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/ Marc
Geman


Marc
Geman


Chief
Executive Officer





March 30,
2009
EXHIBIT 32





CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley  Act  of  2002  ("Section  906"),  H. Douglas Saathoff, the Chief Executive Officer and the Principal Accounting and Financial Officer of Nighthawk Systems, Inc., certifies that (i) the Quarterly Report on Form 10-QSB for the period ended September 30, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Nighthawk Systems, Inc.



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





|                       |     |                                      
|---------------------- | --- | -------------------------------------
|                       |     |                                      
|Date November 14, 2007 | By: | /s/ H. Douglas Saathoff              
|                       |     | H. Douglas Saathoff                  
|                       |     | Chief Executive Officer and Principal
|                       |     | Accounting and Financial Officer
§ 13.1318 Location of the EGDA. ( a ) A map showing the boundaries of the EGDA is available at the park visitor center.
( b ) For the purpose of this subpart, the EGDA means: ( 1 ) From the park boundary to Exit Glacier Campground Entrance Road, all park areas within 350 meters (383 yards) of the centerline of the Exit Glacier Road;
( 2 ) From Exit Glacier Campground Entrance Road to the end of the main paved trail, all park areas within 500 meters (546 yards) of any paved surface; or
( 3 ) All park areas within 300 meters (328 yards) of the terminus of Exit Glacier.
§ 1600.1 General provisions. ( a ) This subpart contains the rules that the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation (the Foundation) follows in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. These rules should be read together with the FOIA, which provides additional information about access to records. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, which are processed under subpart B of this part, are processed under this subpart also. Information routinely provided to the public as part of a regular Foundation activity (for example, press releases, annual reports, informational brochures and the like) may be provided to the public without following this subpart. As a matter of policy, the Foundation makes discretionary disclosures of records or information exempt from disclosure under the FOIA whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption, but this policy does not create any right enforceable in court.
( b ) This subpart applies to all Foundation programs, including the U.S. Institute for Environmental Conflict Resolution (USIECR).
Dated:  3/29/2007                                                                            In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:By: /s/      Bruce Kaiserman                                                              Title:Vice PresidentCredit Suisse First Boston Mortgage Securities Corp.I, Bruce Kaiserman, certify that:1.  I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Home Equity Asset Trust 2006-6  (the "Exchange Act periodic reports");2.  Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;4.  Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and5.  All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.Bruce Kaiserman**Exhibit 31 : Rule 13a-14(d)/15d-14(d) Certifications**LaSalle Bank National Association, as CustodianSelect Portfolio Servicing, Inc., as ServicerU.S. Bank National Association, as TrusteeWells Fargo Bank, N.A., as CustodianWells Fargo Bank, N.A., as Servicer
1 The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-3378

___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Willie L. Pittman, * Western District of Missouri. * Appellant. * [UNPUBLISHED]

___________ Submitted: October 4, 2005 Filed: October 10, 2005

___________ Before ARNOLD, FAGG, and SMITH, Circuit Judges.

___________ PER CURIAM. Willie Pittman pleaded guilty to possessing five or more grams of a mixture containing cocaine base with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Prior to the entry of Mr. Pittman’s guilty plea, the government filed an information under 21 U.S.C. § 851 notifying the district court 1 that Mr. Pittman was subject to increased penalties. The district court thereafter imposed the mandatory minimum sentence dictated by the admitted-to drug quantity and Mr. Pittman’s prior felony drug-trafficking conviction – 120 months'-2- imprisonment and 8 years' supervised release. On appeal, Mr. Pittman’s counsel, filing a brief under Anders v. California , 386 U.S. 738 (1967), has moved to withdraw. For reversal, he raises one issue: that the government should not have been permitted to file its section 851 information. Counsel’s argument fails: the government properly filed its information, and the prior conviction increased the sentence under section 841(b)(1)(B) to a minimum of 10 years. We also find no error under Blakely v. Washington , 124 S. Ct. 2531 (2004), or United States v. Booker , 125 S. Ct. 738 (2005), as Mr. Pittman’s sentence was mandated by statute. See United States v. Alvarado-Rivera , 412 F.3d 942, 946 n.3 (8th Cir. 2005) (defendant’s Sixth Amendment rights not violated where defendant admitted responsibility for drug quantity); United States v. Bolanos , 409 F.3d 1045, 1049 (8th Cir. 2005) (no Blakelyerror where sentence was based on statutory mandatory minimum rather than use of Guidelines); United States v. Thomas , 398 F.3d 1058, 1064 (8th Cir. 2005) (prior felony conviction used to increase statutory minimum penalties does not implicate Blakely ). Having reviewed the record independently under Penson v. Ohio , 488 U.S. 75 (1988), we have found no other nonfrivolous issues. Accordingly, we affirm the sentence and grant counsel’s motion to withdraw.

______________________________
<PAGE>   1
                                                                    EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-86788) pertaining to the Non-Employee Directors' Stock Option Plan,
1990 Stock Option Plan, 1994 Executive Officer Warrants and 1993 Non-Employee
Director Stock Options Plan and in the Registration Statement (Form S-8 No.
333-40009) pertaining to the Texas Meridian Resources Corporation 1995 Long-Term
Incentive Plan, Texas Meridian Resources Corporation 1997 Long-Term Incentive
Plan, Cairn Energy USA, Inc. 1993 Stock Option Plan, As Amended, and Cairn
Energy USA, Inc. Directors Stock Option Plan, As Amended, and in the
Registration Statement (Form S-8 No. 333-83737) pertaining to the Meridian
Resource Corporation Geoscientist Well Bonus Plan and the Meridian Resource
Corporation Director Stock Option Plan, and in the Registration Statement (Form
S-8 No. 333-83735) pertaining to the Texas Meridian Resources Corporation 1997
Long-Term Incentive Plan and the Texas Meridian Resources Corporation Director
Stock Option Plan, and in the Registration Statement (Form S-3 No. 333-41940)
pertaining to The Meridian Resource Corporation $100,000,000 Debt, Securities,
Preferred Stock and Common Stock of The Meridian Resource Corporation of our
report dated March 2, 2001, with respect to the consolidated financial
statements of The Meridian Resource Corporation included in the Annual Report
(Form 10-K) for the year ended December 31, 2000.


                                        Ernst & Young LLP

Houston, Texas
March 28, 2001
§ 2.18 Snowmobiles. ( a ) Notwithstanding the definition of vehicle set forth in § 1.4 of this chapter, the provisions of §§ 4.4, 4.12, 4.13, 4.14, 4.20, 4.21, 4.22 and 4.23 of this chapter apply to the operation of a snowmobile.
( b ) Except as otherwise provided in this section, the laws of the State in which the exterior boundaries of a park area or a portion thereof is located shall govern equipment standards and the operation of snowmobiles. Nonconflicting State laws are adopted as a part of these regulations.
( c ) The use of snowmobiles is prohibited, except on designated routes and water surfaces that are used by motor vehicles or motorboats during other seasons. Routes and water surfaces designated for snowmobile use shall be promulgated as special regulations. Snowmobiles are prohibited except where designated and only when their use is consistent with the park's natural, cultural, scenic and aesthetic values, safety considerations, park management objectives, and will not disturb wildlife or damage park resources.
( d ) The following are prohibited: ( 1 ) Operating a snowmobile that makes excessive noise. Excessive noise for snowmobiles manufactured after July 1, 1975 is a level of total snowmobile noise that exceeds 78 decibels measured on the A-weighted scale measured at 50 feet. Snowmobiles manufactured between July 1, 1973 and July 1, 1975 shall not register more than 82 decibels on the A-weighted scale at 50 feet. Snowmobiles manufactured prior to July 1, 1973 shall not register more than 86 decibels on the A-weighted scale at 50 feet. All decibel measurements shall be based on snowmobile operation at or near full throttle.
( 2 ) Operating a snowmobile without a lighted white headlamp and red taillight from one half-hour after sunset to one half-hour before sunrise, or when persons and vehicles are not clearly visible for a distance of 500 feet.
( 3 ) Operating a snowmobile that does not have brakes in good working order.
( 4 ) Racing, or operating a snowmobile in excess of 45 mph, unless restricted in accordance with § 4.22 of this chapter or otherwise designated.
( e ) Except where State law prescribes a different minimum age or qualification for the person providing direct supervision and accompaniment, the following are prohibited: ( 1 ) The operation of a snowmobile by a person under 16 years of age unless accompanied and supervised within line of sight by a responsible person 21 years of age or older;
( 2 ) The operation of a snowmobile by a person under 12 years of age, unless accompanied on the same machine by a responsible person 21 years of age or older; or
( 3 ) The supervision by one person of the operation of snowmobiles by more than one person under 16 years of age.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]