alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Virginia Cherry, Plaintiff, v John J. Coyne, Defendant.

City Court of New Rochelle,

September 19, 1978

APPEARANCES OF COUNSEL

*Morton Berger*for defendant. *Joseph M. Pogostin*for plaintiff.

OPINION OF THE COURT

Ben Mermelstein, J.

Defendant moves to vacate default judgment in this small claims proceeding.

According to court records this case has been calendared about nine times. This by and of itself tends to defeat the very purpose of small claims.

Moreover, it is well settled that motion practice will not be permitted in such a proceeding, except on a showing of complicated issues. This is certainly not such a case. The particulars sought by defendant would be available at a hearing of the matter.

Nevertheless, attorneys have sought to defeat the purpose of small claims proceedings through the use of subdivision (a) of section 1805 of the Uniform City Court Act. The practice has been to pay a $15 fee placing the matter on the regular *216calendar of the court, and enabling the parties to use "the usual practice and procedure applicable to other parts of the court”, which encompasses all discovery devices.

This practice, unilaterally employed by attorneys is improper, in the court’s opinion, since subdivision (a) of section 1805 states, "The court shall have power to transfer any small claim or claims to another part of the court”. It would appear, therefore, before such transfer can be made, application must be made to the court, as a condition precedent, and then granted upon a showing that the issues are complicated.

This is the practice this court has adopted in order to assure people who use this forum of small claims, of a fast disposition of their claims, excluding motion practice which most of them do not understand and which causes them to retain counsel.

Since defendant admits liability in this case, the matter will be set down for a hearing to determine damages on October 12, 1978, without the necessity of plaintiff supplying any particulars and further, on condition that defendant pay plaintiff $25 costs 10 days prior to hearing date, otherwise motion denied.
No. 44065.

#### Protest 997823-G/88570 of N. Shure Co. (Chicago).

Opinion by

Dallinger, J.

It was stipulated that the dime savings banks in question are similar to those the subject of Abstract 38680. The claim at 40> percent under paragraph 339 was therefore sustained.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED July 13, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51673 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DIEGO PEREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-471-ALL

-------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Diego Perez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
# C_2007298EN.01000701.xml

| 11.12.2007 | EN | Official Journal of the European Union | C 298/7 |
| --- | --- | --- | --- |

11.12.2007

EN

Official Journal of the European Union

C 298/7

---

Communication from the Commission to cotton producers

(2007/C 298/04)

The Commission would draw the attention of Community cotton producers to its proposal for a Council Regulation, adopted on 9 November 2007, to amend Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, with respect to the system of aid for cotton.

---
EFFECTIVE DATE: 05/22/2012 EXPIRATION DATE: 03/31/2014 

 (Reissue of I10-V-05) 

PROCEDURE INSTRUCTION LETTER NO. I12-V-16 

FROM: KEVIN G. STRICKLIN

 Administrator for

 Coal Mine Safety and Health

SUBJECT: Reissue of I10-V-05 - Measuring Methane Levels at Underground 

 Coal Mines Using Belt Air to Ventilate Working Sections

Scope

This Procedure Instruction Letter (PIL) applies to Coal Mine Safety and Health 

(CMS&H) District Managers, Supervisors, Specialists, and Inspectors.

Purpose

This PIL provides instruction for district personnel regarding the measurement of 

methane during inspections of underground coal mines using belt air to ventilate a 

working section. 

Procedure Instructions

When evaluated and approved by the District Manager in a mine ventilation plan, air 

from a belt air course may be used to ventilate a working section. At least once on 

every regular inspection of mines using belt air to ventilate a working section the 

MSHA inspector shall measure methane in the belt entry at least 200 feet outby the 

tailpiece, but outby the point at which point feeding of air into the belt entry occurs.

Background

Section 75.323(b) requires that prescribed remedial actions be taken when methane 

exceeds certain action levels at working places and intake air courses, beginning when 

1.0 percent or more methane is present. Section 75.350(b) permits the use of air from a 

belt air course to ventilate a working section when evaluated and approved by the 

District Manager in the mine ventilation plan. This PIL is intended to ensure that 

MSHA inspections accurately measure the amount of methane in belt entries when the 
2 

air flowing through those entries is being used to ventilate working sections. It reflects 

the fact that, when air is point fed into the belt entry outby the working section 

tailpiece, the level of methane in the air in the belt entry outby the point-feed regulator

may not correlate with the level of methane in the air reaching the working face, yet 

may nonetheless require remedial action under Section 75.323(b). 

Authority

Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801, et seq.; 

30 C.F.R. §§ 75.323(b) and 75.350(b). 

Filing Instructions

This instruction letter should be filed behind the tab marked "Procedure Instruction 

Letters" in the binder for Program Policy Handbooks and Procedure Instruction Letters. 

Issuing Office and Contact Person

Coal Mine Safety and Health, Safety Division

Michael G. Kalich, (202) 693-9714 

E-mail: kalich.michael@dol.gov 

Internet Availability

This instruction letter may be viewed on the Internet by accessing the MSHA Home 

Page (www.msha.gov) and then choosing "Compliance Info" and Procedure Instruction 

Letters. 

Distribution

MSHA Program Policy Manual Holders
Before the First Division,

January 21, 1943

No. 47941.

#### Protests 979924-G, etc., of F. W. Woolworth Co. (Baltimore).

Opinion by

Oliver, P. J.

In accordance with stipulation of counsel and on the authority of Abstract 47099 the claim at 45 percent under paragraph 397 was sustained.
<PAGE>

                                                                    EXHIBIT 32.2

                         SARBANES-OXLEY ACT SECTION 906
                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

            I, Klaus Moeller, Chief Executive Officer and Interim Chief
Financial Officer of Genius Products, Inc. (the "Registrant"), do hereby certify
pursuant to Rule 15d-14(b) of the Securities and Exchange Act of 1934, as
amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code
that:

            (1) the Registrant's Annual Report on Form 10-KSB of the Registrant
for the period ended December 31, 2004 (the "Report"), to which this statement
is filed as an exhibit, fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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


Dated:  August 12, 2004               By: /S/ KLAUS MOELLER
                                          --------------------------------------
                                          Klaus Moeller
                                          Chief Executive Officer and Interim
                                          Chief Financial Officer (principal
                                          financial officer)
#### Susan M. Murray, and Annie M. Enright, *as Executrices, etc., of*Michael Murray, *Deceased, Appellants, v.*Phebe Marshall, *Respondent.*

Judgment reversed, and new trial granted, costs to abide event. Opinion by Gilbebt, J.
##### 



Exhibit 23.2 Independent Auditors Consent We consent to the incorporation by reference in the registration statements (Nos. 333-84958, 333-38020 and 333-34746) on Form S-8 of Grant Prideco, Inc. of our report dated November
15, 2004, with respect to the balance sheets of voestalpine Tubulars GmbH & Co KG as of March 31,
2004 and 2003, and the related statements of income for the years then ended, which report appears
in Amendment No. 2 to Form 10-K for the fiscal year ended December 31, 2003 of Grant Prideco, Inc.
Our report includes an explanatory paragraph that states that, as described in Note 6, the
financial statements of the Company as of and for the year ended March 31, 2004 have been restated
to reflect a resolution passed by the Partners to increase the amount of net profit available for
distribution to Partners in future periods. Vienna, Austria
December 16, 2004 KPMG Alpen-Treuhand GmbH
Wirtschaftsprüfungs- und Steuerberatungsgesellschaft /s/ Mag. Helmut Kerschbaumer
    
    /s/ Mag. Rainer Hassler
 Wirtschaftsprüfer und Steuerberater
(Austrian Certified Public Accountants)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8205 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 598
118th CONGRESS
  2d Session
                                H. R. 8205

                          [Report No. 118-704]

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide that Byrne grant funds may be used for public safety report 
                    systems, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2024

Mr. Fitzgerald (for himself, Mr. Nehls, Mr. Steil, Mr. Tiffany, and Mr. 
Higgins of Louisiana) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

                           September 23, 2024

                    Additional sponsor: Mr. Calvert

                           September 23, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 1, 
                                 2024]

_______________________________________________________________________

                                 A BILL

 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide that Byrne grant funds may be used for public safety report 
                    systems, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping Violent Offenders Off Our 
Streets Act''.

SEC. 2. FRAUD IN CONNECTION WITH POSTING BAIL.

    Section 1033(f)(1)(A) of title 18, United States Code, is amended 
by inserting before the comma the following: ``(including the posting 
of monetary bail, criminal bail bonds, and Federal immigration bail 
bonds)''.
                                                 Union Calendar No. 598

118th CONGRESS

  2d Session

                               H. R. 8205

                          [Report No. 118-704]

_______________________________________________________________________

                                 A BILL

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide that Byrne grant funds may be used for public safety report 
                    systems, and for other purposes.

_______________________________________________________________________

                           September 23, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```
Exhibit 32.7

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Managed Futures Index Series, a Series of The Frontier Fund on Form 10-Q for the period ended
June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, to the best of his knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Managed Futures Index
Series.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                                            
|------------------------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                                          
|Robert J. Enck                                                                                                                                              
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of the Managed Futures Index Series, a Series of The Frontier Fund
|                                                                                                                                                            
|/s/ Brent Bales                                                                                                                                             
|Brent Bales                                                                                                                                                 
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of the Managed Futures Index Series, a Series of The Frontier Fund              

Date: August 11, 2010
#### In the Matter of the New York, West Shore and Buffalo Railway Company, to Acquire Title to Certain Real Estate of Philip W. Parke and Harriet W. Parke.

Order affirmed, with costs. Opinion by Boardman, J.; Learned, P. J., not acting.
No. 60898.

#### Irving M. Sobin Co., Inc. *v.*United States,

protest 299138-K (San Francisco).

Opinion by

Johnson, J.

In accordance with rule 5 (b) of the rules of this court, as amended, effective July 1, 1955, the protest was dismissed for lack of prosecution.
Exhibit
      32








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


**AS
      ADOPTED PURSUANT TO SECTION 906**


**OF
      THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned, Tony Philipp, the Chief Executive Officer and Paul Schmidt, the
      Chief Financial Officer and Treasurer of UPSNAP, INC. (the “Company”), DO HEREBY
      CERTIFY that:





1. The
      Company’s Quarterly Report on Form 10-QSB for the quarter ended December 31,
      2005 (as amended by amendment no.1) (the “Report”), fully complies with the
      requirements of Section 13(a) of the Securities Exchange Act of 1934; and





2. Information
      contained in the Report fairly presents, in all material respects, the financial
      condition and results of operation of the Company.





IN
      WITNESS WHEREOF, each of the undersigned has executed this statement this
      14 th day of
      August 2006.





/s/
      Tony Philipp


Tony
      Philipp


Chief
      Executive Officer


(Principal
      Executive Officer)





/s/
      Paul Schmidt


Paul
      Schmidt


Chief
      Financial Officer and Treasurer





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      UpSNAP, Inc. and will he retained by UpSNAP, Inc. and furnished to the
      Securities and Exchange Commission or its staff upon request.
#### Louisa J. Hollis, *Individually and as Executrix, etc., Respondent, v.*George Hollis and others, *Appellants.*

Judgment affirmed for non-submission of papers, as by stipulation, with costs.
I 

118TH CONGRESS 

2D SESSION H. R. 8160 

To prohibit the breaching of federally operated dams in certain circumstances, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2024 

Mr. NEWHOUSE (for himself, Mr. FULCHER, Mr. ZINKE, Mr. ROSENDALE, 

and Mr. BENTZ) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To prohibit the breaching of federally operated dams in 

certain circumstances, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Breaking Irresponsible 

5 Energy and Commercial Habits Act’’ or the ‘‘BREACH 

6 Act’’. 

7 SEC. 2. PROHIBITION ON BREACHING OF FEDERALLY OP8 ERATED DAMS. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the Secretary of the Army may not breach 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8160 IH

1 a federally operated dam if the Secretary determines that 

2 such breach— 

3 (1) would result in an increase in carbon emis4 sions by more than 10 percent; 

5 (2) would make the body of water impacted by 

6 the breach less navigable for commercial interests; or 

7 (3) would result in an increase of at least 10 

8 percent of the price of any products, including agri9 cultural products, shipped via the body of water im10 pacted by the breach. 

11 (b) CONSULTATION.—In making the determinations 

12 required under subsection (a), the Secretary shall— 

13 (1) consult with the Secretary of Energy with 

14 respect to the determination described in subsection 

15 (a)(1); 

16 (2) consult with the Secretary of Transpor17 tation with respect to the determination described 

18 subsection (a)(2); 

19 (3) consult with the Secretary of Agriculture 

20 and the Secretary of Commerce with respect to the 

21 determination described in subsection (a)(3); and 

22 (4) consult with the relevant agencies in the 

23 State in which the dam proposed to be breached is 

24 located. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
#### Presbyterian Hospital in the City of New York, Appellant, v Aetna Casualty & Surety Company, Respondent.

[633 NYS2d 586]

—In an action pursuant to Insurance Law § 5106 by the plaintiff hospital, as assignee of a patient, to recover benefits under the no-fault provisions of the Insurance Law, the plaintiff hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Becker, J.), dated November 3,1994, as granted those branches of the defendant’s cross motion which were to dismiss the complaint and to impose costs pursuant to 22 NYCRR 130-1.1.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff hospital’s action against the defendant no-fault insurance carrier for payment of a hospital bill and ordered the hospital to pay the defendant’s costs *(see,*22 NYCRR 130-1.1).

It is undisputed that the hospital had already received full payment from its patient’s health care carrier well before it commenced the instant action against the defendant for payment of the same bill. Despite the foregoing, the hospital alleged in its complaint that its bill remained unpaid.

Although in opposition to the hospital’s motion for summary judgment, defense counsel argued that the hospital had already received full payment from the patient’s health carrier, the hospital denied that it had received such payment. It was not until the court directed the hospital’s counsel to obtain an affidavit from a hospital official concerning the issue of payment that the hospital finally conceded that the payment had been received some nine months prior to commencement of its suit.

Moreover, prior to this concession and shortly after the action was commenced, the hospital had accepted an additional, partial payment from the defendant, which brought the total it received from both carriers to almost double the amount of the original hospital bill. In light of the foregoing circumstances, the court’s order dismissing the action and requiring the plaintiff to pay the defendant’s costs was proper *(see,*22 NYCRR 130-1.1; *see also, Matter of Minister, Elders & Deacons of Refm. Prot. Dutch Church v 198 Broadway,*76 NY2d 411, 413, n; *Matter of Gordon v Marrone,*202 AD2d 104, 111; *cf, Martino v Martino,*194 AD2d 591, 592). Thompson, J. P., Joy, Goldstein and Florio, JJ., concur.
#### Martha Hopper, *Appellant, v.*David Larkin, Respondent.

J udgment affirmed, with costs. Opinion by Bookes, J.
#### The People of the State of New York, Respondent, v Eugenio Rivera, Appellant.

[633 NYS2d 141]

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered March 3, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and upon his guilty plea, of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 61⁄2 to 13 years, unanimously affirmed.

The hearing court properly denied the motion to suppress based upon its acceptance of the police officer’s hearing testimony. There was nothing incredible about the officer’s testimony that he could observe defendant passing a white glassine envelope of heroin to a buyer from a distance of approximately 75 feet on a clear sunny day with nothing obstructing his view *(cf., People v Basile,*174 AD2d 472, *lv denied*78 NY2d 1073). Defendant’s remaining contentions are unpreserved and, in any event, without merit. Concur—Ellerin, J. P., Wallach, Nardelli and Williams, JJ.
No. 56016.

protest 168803-K (New York).

#### Halperin Shipping Company *v.*United States,

Opinion by

Ekwall, J.

An examination of the papers showing that the protest was filed more than 60 days after liquidation, the motion to dismiss was granted.