alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued October 27, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-16-00698-CV

———————————

IN RE S.W., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, S.W., has filed a petition for a writ of mandamus, challenging the 

trial court’s orders (1) denying his “Motion to Reform the Judgment”; (2) denying 

his “Motion to Strike the Order Retaining Suit and Docket Control Order”; and (3) 

setting the case for trial. 1

We deny the petition.

 

1 The underlying case is In the Interest of D.W., A Child, cause number 14CP0057, 

pending in the 306th District Court of Galveston County, Texas, the Honorable 

Anne B. Darring, presiding.
2

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.
No. 61069.

protest 295003-K (New York).

#### Central Knitwear, Inc. *v.*United States,

Opinion by

Richardson, J.

In accordance with rule 5 (b) of the rules of this court, as amended, the protest was dismissed for lack of prosecution.
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

ORDER RE: PRETRIAL ORDER

PAGE -1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

HIEP T. NGO,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. C05-1841-RSM-MAT

(CR04-006-RSM)

ORDER RE: PRETRIAL ORDER

This matter is scheduled for an evidentiary hearing on January 19, 2007 at 9:30 a.m., with

an exchange of trial briefs and exhibits by 4:00pm on January 16, 2007. The Court also finds that

a modified proposed pretrial order would be helpful. Accordingly, the parties shall submit, on or

before January 16, 2007, a proposed pretrial order conforming with Local Civil Rule 16.1 and

addressing the following: claims and defenses; admitted facts and contentions; issues of law;

witnesses; and exhibits. 

DATED this 24th day of October, 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

Case 2:05-cv-01841-RSM Document 20 Filed 10/24/06 Page 1 of 1
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                                18 U.S.C.ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Osteotech, Inc. (the "Company") on
Form 10-Q/A for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael J. Jeffries,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.ss.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/ Michael J. Jeffries
                                            ------------------------------------
                                            Michael J. Jeffries
                                            Chief Financial Officer
                                            (Principal Financial Officer and
                                            Chief Accounting Officer)
                                            April 23, 2004

 A signed original of this written statement required by Section 906, or any
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
#### Ann Leddy, as Administratrix de Bonis Non of the Estate of James J. Leddy, Deceased, Appellant, *v.*The Lake Shore and Michigan Southern Railway Company, Respondent.

*Leddy*v. *Lake Shore & M. S. Ry. Co.,*151 App. Div. 898, appeal dismissed.

(Submitted February 24, 1913;

decided March 4, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant.

The motion was made upon the ground that the appeal was unauthorized, the affirmance by the Appellate Division having been unanimous and permission to appeal not having been obtained.

*Thomas D. Powell*for motion.

*John T. Ryan*opposed.

Motion granted and appeal dismissed, with ten dollars costs.
<PAGE>   1
                                   EXHIBIT 11



                STATEMENT REGARDING COMPUTATION OF PER SHARE LOSS

<TABLE>
<CAPTION>
                                              Three Months         Three Months          Six Months           Six Months
                                                  Ended                Ended                Ended                Ended
                                           September 30, 1997   September 30, 1996   September 30, 1997  September 30, 1996
                                           ------------------   ------------------   ------------------  ------------------

<S>                                           <C>                  <C>                  <C>                  <C>          
Net loss                                      $   (959,554)        $ (4,789,384)        $ (4,987,286)        $ (9,733,375)
                                              ============         ============         ============         ============

Calculation of shares outstanding:

  Weighted average common shares
   outstanding used in calculating net
   loss per share in accordance with
   generally accepted accounting
   principles                                   20,792,074           18,416,041           20,772,568           17,873,780
                                              ------------         ------------         ------------         ------------


    Total                                       20,792,074           18,416,041           20,772,568           17,873,780
                                              ============         ============         ============         ============

Net loss per share                            $      (0.05)        $      (0.26)        $      (0.24)        $      (0.54)
                                              ============         ============         ============         ============

</TABLE>
#### Dean Russell CARRICO, Plaintiff-Appellant, and DRC Services, Incorporated, a corporation; Bears Real Estate and Rentals, Incorporated; Bears, Incorporated, Plaintiffs, v. VILLAGE OF SUGAR MOUNTAIN; Jack Anderson, individually and as councilman for the Village of Sugar Mountain; Carlene Hall, individually and as Town Manager and Zoning Administrator for the Village of Sugar Mountain, Defendants-Appellees.

No. 00-1842.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 30, 2000.

Decided June 18, 2001.

Dean Russell Carrico, pro se. William Alfred Blancato, McCall, Doughton & Blancato, P.L.L.C., Winston-Salem, NC; Stephen Mason Thomas, Patrick, Harper *&*Dixon, Hickory, NC; Frank J. Contrivo, Frank J. Contrivo, P.A., Asheville, NC, for appellees.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

PER CURIAM.

Dean Russell Carrico appeals the district court’s order adopting the report and recommendation of the magistrate judge and dismissing this civil action. 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 Carrico v. Village of Sugar Mountain,*No. CA-99-168-1 (W.D.N.C. May 22, 2000). We 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.*
United States

Department of Agriculture

Center for Nutrition

Policy and Promotion

10

8

7

6

9

 run a report 

 Go to My Reports to measure

 progress; choose from six reports

that range from a simple meal summary 

to an indepth analysis of food group 

and nutrient intakes over time.

 set a goal

 Explore My Top 5 Goals to choose up to five personal 

 goals that you want to achieve. 

Sign up for My Coach Center to get 

tips and support as you work toward 

your goals. 

track your weight

 Visit My Weight Manager to enter your weight and 

track progress over time; compare 

your weight history to trends in your 

calorie intake and physical activity.

 

 record a journal entry

 Use My Journal to record daily events; identify 

 triggers that may be associated with changes in your 

health behaviors and weight.

 refer a friend!

 Tell your friends and family about SuperTracker; 5 help them get started today.

4 

3

2

1

use SuperTracker

your way

10 tips to get started 

SuperTracker is an online tool where you can get a personalized nutrition and activity plan. Track what you 

eat and your activities to see how they stack up, and get tips and support to help you make healthy choices.

Go to www.ChooseMyPlate.gov for more information.

10

tips

Nutrition 

Education Series

create a profile

Enter information about yourself on the Create Profile 

page to get a personal calorie limit and food plan; 

register to save your data and access it any time.

 

 compare foods

 Check out Food-A-Pedia to look

up nutrition info for over 8,000 foods

 and compare foods side by side.

 get your plan

 View My Plan to see your daily food group targets—

what and how much to eat within your calorie 

allowance.

 track your foods and activities

 Use Food Tracker and Physical Activity Tracker 

to search from a database of over 8,000 foods and 

nearly 800 physical activities to see

how your daily choices stack up 

against your plan; save favorites 

and copy for easy entry.

build a combo

Try My Combo to link and save foods that you

typically eat together, so you can add them to meals 

with one click.

 

DG TipSheet No. 17

December 2011

USDA is an equal opportunity 

provider and employer.
Exhibit 31.2
 
 CERTIFICATION
 
 I, John G. Barbar, certify that:
 
 
 
 (1) I have reviewed this quarterly report on Form 10-Q of Urecoats Industries Inc.;
 
 
 (2) Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
 
 
 
 (3) Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;
  
 (4) The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:
 
 (a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;
 
 (b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and
 
 
 (c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
 
 
 
 (5) The registrants other certifying officers and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):
  
 (a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and
 
 (b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and
 
 
 (6) The registrants other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.
   Date: November 14, 2003
**URECOATS INDUSTRIES INC.**By:John G. BarbarChief Financial Officer
From: bobspellmann@cox.net

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 10:10:04 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Robert Spellmann

Oklahoma City, OK 73130
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                            1632
<SECURITIES>                                         0
<RECEIVABLES>                                    35294
<ALLOWANCES>                                      2337
<INVENTORY>                                       2124
<CURRENT-ASSETS>                                 51652
<PP&E>                                          198685
<DEPRECIATION>                                   25196
<TOTAL-ASSETS>                                  239014
<CURRENT-LIABILITIES>                            36534
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         51486
<OTHER-SE>                                       30316
<TOTAL-LIABILITY-AND-EQUITY>                    239014
<SALES>                                              0
<TOTAL-REVENUES>                                 46181
<CGS>                                                0
<TOTAL-COSTS>                                    45260
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   721
<INTEREST-EXPENSE>                                1934
<INCOME-PRETAX>                                 (1734)
<INCOME-TAX>                                     (685)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1049)
<EPS-PRIMARY>                                    (.15)
<EPS-DILUTED>                                        0
        

</TABLE>
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 of Cemtrex, Inc. (the “Company”) on Form 10-K for the fiscal year ended September
30, 2018, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Renato Dela Rama,
Vice President of Finance 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 and belief:



| | (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.



|Dated:
    January 28, 2019 | /s/
    Renato Dela Rama                                                  
|--------------------------- | --------------------------------------------------------------------------
|                            | Renato
    Dela Rama,                                                     
|                            | Vice
    President of Finance (Principal Financial and Accounting Officer)



A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise
adopting the signature that appears in typed form within the electronic version of this written statement has been provided to
the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

WILLIAM MOORE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-744

[April 26, 2018]

Appeal of order denying 3.800 motion from the Circuit Court for the 

Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; 

L.T. Case No. 03-019068CF10A.

William Moore, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

TAYLOR, LEVINE and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Before the Second Division,

March 22, 1956

No. 59783.

#### Jabez Burns & Sons, Inc. *v.*United States,

protests 245700-K and 249430-K (Philadelphia).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of machines and parts the same in all material respects as those involved in Abstract 58579, the claim of the plaintiff was sustained.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

RONALD AND DEBORAH KEAL,

Plaintiffs,

v.

STATE OF WASHINGTON, et al.,

Defendants.

Case No. C05-5737RJB

ORDER ADOPTING THE REPORT

AND RECOMMENDATION AND

DENYING DEFENDANT ELLIS’S

MOTION TO DISMISS.

 The Court, having reviewed the file, the Report and Recommendation of Magistrate Judge J.

Kelley Arnold, objections to the Report and Recommendation, if any, and the remaining record, does

hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) Defendant Ellis’s motion to dismiss is DENIED.

(3) Clerk is directed to send copies of this Order to plaintiffs, counsel for any defendants

who have appeared, and to the Hon. J. Kelley Arnold.

DATED this 2nd day of August, 2006.

ARobert J. Bryan

United States District Judge

Case 3:05-cv-05737-RJB-JKA Document 157 Filed 08/02/06 Page 1 of 1