alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 17

- 00240

- CR

Fernando Zamora

v.

The State of Texas §

§

§

§

§ From the 372nd District Court

o f Tarrant County (1432653D )

July 12, 2018

Opinion by Justice Pittman

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment s . It is ordered that the judgment s

of the trial court are affirmed.

SECOND DISTRICT COURT OF APPEALS

By

__ /s/ Mark T. Pittman

________________ Justice Mark T. Pittman
Exhibit 31.7**CERTIFICATION**I, Anthony J. Orlando, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of MSW Energy Finance Co. II, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis 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 thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and  c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.       Date: October 30, 2006               By: /s/ Anthony J. Orlando Anthony J. Orlando      Chief Executive Officer and President  
50
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
      PUBLIC ACCOUNTING REFORM AND INVESTOR PROTECTION ACT OF
      2002**








In
      connection with the Quarterly Report on Form 10-Q of Aeolus Pharmaceuticals,
      Inc. (the “Company”) for the period ended March 31, 2007 as filed with the
      Securities and Exchange Commission on or about the date hereof (the “Report”),
      John L. McManus, President and Chief Executive Officer, and Michael P. McManus,
      Chief Financial Officer, hereby certify, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
      knowledge:





(1)
            The
                Report 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 of the Company at the end of the
                period
                covered by the Report and results of operations of the Company for
                the
                period covered by the Report.





A
      signed
      original 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 (“SEC”) or its staff upon request.





This
      certification accompanies the Report to which it relates, is not deemed filed
      with the SEC and is not to be incorporated by reference into any filing of
      the
      Company under the Securities Act of 1933, as amended (whether made before or
      after the date of the Report), irrespective of any general incorporation
      language contained in such filing.








/s/John
      L. McManus


John
      L.
      McManus


President
      and Chief Executive Officer


(Principal
      Executive Officer)


May 10,
      2007








/s/
      Michael P. McManus


Michael
      P. McManus


Chief
      Financial Officer, Treasurer and Secretary


May
      10,
      2007
#### The People of the State of New York, Respondent, v Cleo R. Butler, Jr., Appellant.

(Appeal No. 2.)

[635 NYS2d 405]

—Judgment unanimously affirmed. Same Memorandum as in *People v Butler*(221 AD2d 918 [decided herewith]). (Appeal from Judgment of Onondaga County Court, Burke, J.—Burglary, 1st Degree.) Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.
Before the Third Division,

January 25, 1943

No. 47955.

#### Protest No. 847466-G of S. B. Penick & Co. (New York).

Opinion by

Cline, J.

The record shows that the lycopodium seed in question was put up in paper packages which, in turn, were packed in cases. The paper packages were marked “Lekteehurie, Moskau UD. S. S. R.” and the cases were marked “Soviet Union.” The seeds were incapable of being marked. The marking of the cases with “Soviet Union” meets the requirements of the Secretary of the Treasury (T. D. 48116) and the ruling reported in Abstract 42581. As *Densten Felt & Hair Co.*v. *United States*(27 C. C. P. A. 282, C. A. D. 101) held that the marking “U. S. S. R.” was not within the mandate of the statute because it is not in English words, it was held that the immediate containers here were not legally marked. Following *Givaudan Delawanna, Inc.*v. *United States*(22 C. C. P. A. 115, T. D. 47104), as neither the articles nor the immediate containers were marked, the protest was overruled.
7033

#### MOORE v. GRIFFIN.

Pbimaby Elections. — Under the statutes governing primary elections a candidate for a county office is not required to file with the clerk of court a sworn statement of expenses incurred between the first and second elections. If he file such statement before the first election it is sufficient.

Petition by J. G. Moore against J. O. Griffin asking for a writ of *certiorari*requiring the State Executive Democratic Committee to certify to the Supreme Court the record in the matter of contest between the parties before the County Executive Committee of Colleton county and appealed to the State Democratic Executive Committee.

Mr. Justice Woods granted the writ on October 9th and made same returnable before Supreme Court on October 16 th.

The matter was heard by the Court on October 16th upon return of the State committee. The contention of contestant was that, although contestee had received the majority of the votes cast for county supervisor at the second primary election in Colleton county, he should not be declared elected because he had not filed before the second primary *394an itemized sworn statement of his expenses and disbursements in connection with his campaign. There was no question as to his having filed such statement in the office of clerk of court before the first election.

*Messrs. Pishburne & Pishburne*and *P. H.*Nelson, for contestant.

*Messrs. J. S. Griffin*and *Padgett & Pemacks,*contra.

October 17, 1908.

Per Curiam.

Upon the petition herein, a writ of *certiorari*was issued by Associate Justice C. A. Woods, directed to the State Democratic Executive Committee, requiring that committee to certify to this Court their proceedings in the matter of the contest between J. E. Moore and J. O. Griffin, candidates for the office of supervisor in the County of Colleton. The committee having certified their proceedings to this Court, the Court, having heard argument thereon, is of the opinion that the contestee, J. O. Griffin, complied with the statute of the State, and the Constitution and Rules of the Democratic party, in filing his pledge and statement of expenses, and that no error of law was committed by the State Democratic Executive Committee.

The Court, therefore, adjudges that the return to the writ is sufficient and that the proceedings herein be dismissed.

Mr. Justice Gary *did not sit in this case.*

*419Mr. Justice Gary *did not sit in this case.*
No. 58637.

protest 228663-K (New York).

#### Air Express International Agency, Inc. *v.*United States,

*482Opinion by

Johnson, J.

An examination of the record failing to disclose any evidence sufficient to overcome the presumption of correctness attaching to the collector’s action, the protest was overruled.
<PAGE>


                                                                    Exhibit 13.1


                               CERTIFICATION
     PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS
    (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

      Pursuant to section 906 of the Sarbanes-Oxley Act of 2003 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), each of
the undersigned officers of Petrobras Energia Participaciones, S.A. (the
"Company"), does hereby certify, to such officer's knowledge, that:

      The Annual Report on form 20-F for the year ended December 31, 2003 (the
"Form 20-F") of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 20-F fairly presents, in all material respects, the financial
condition and results of operations of the Company.



Dated: July 8, 2004                     /s/ Alberto Guimaraes
                                       -----------------------------------------
                                       Alberto Guimaraes
                                       Chief Executive Officer


Dated: July 8, 2004                     /s/ Luis Sas
                                       -----------------------------------------
                                       Luis Sas
                                       Chief Financial Officer


A signed original 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.
EX-99.4
                               PATENT

United States Patent No. 5,167,596

Dennis Ferber, December 1, 1992

Hand-Held Exerciser.

ABSTRACT

A portable, articulated, hand-held exercising device comprising a
pair of elongated tubular handles pivotally connected to the
respective ends of an elongated tubular cross-bar for three0axis
rotation and having an adjustable torque/force characteristics.
The cross-bar may be telescopically adjustable.  Each handle may
simulate the grip of a handled sports appliance such as a tennis
racquet, golf club, and the like.  The exerciser serves in
general to condition the wrist, arms, chest, torso, back, legs
and shoulders or the user.  The handles are rotatable about their
respective longitudinal axes, and they are hinged to the cross-
bar at the respective longitudinal axis, and they are hinged to
the cross-bar at the respective ends thereof.  Each handle, when
held by the user, may be turned back and forth pivotally above
the corresponding end of the cross-bar with adjustable force
adjustment characteristics, and each handle may be rotated about
as longitudinal axis with adjustable torque adjustment
characteristics.  In addition, the handles may be rotated in
opposite directions about the longitudinal axis of the cross-bar
assembly.  The handles may be replaced with pedals for exercising
the upper and lower leg muscles and ankles of the user.
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned officer of NNN Realty Investors, LLC, the Manager of NNN 2003 Value Fund, LLC (the Company) hereby certifies, to his knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2012 (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.



|                |  |  |  |     |  |                                        
|--------------- |  |  |  | --- |  | ---------------------------------------
|August 10, 2012 |  |  |  | By: |  | /s/ PAUL E. HENDERSON                  
|Date            |  |  |  |     |  | Paul E. Henderson                      
|                |  |  |  |     |  | Chief Accounting Officer               
|                |  |  |  |     |  | NNN Realty Investors, LLC,             
|                |  |  |  |     |  | the Manager of NNN 2003 Value Fund, LLC
|                |  |  |  |     |  | (principal financial officer)
Exhibit 32.4

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 Currency 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 Currency Series.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                               
|-----------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                             
|Robert J. Enck                                                                                                                                 
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of the Currency 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 Currency Series, a Series of The Frontier Fund              

Date: August 11, 2010
**Exhibit 31.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Gary Sidorsky, certify that:

 

     1. I havereviewed this quarterly report on Form 10-Q of American Defense Systems, Inc.;

 

     2. Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

     3. Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

     4. Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

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

 

          (b) evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

          (c) disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

     5. Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

          (a) allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

          (b) anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

Date:  May 15,2009

 
|   | /s/ Gary Sidorsky       |
|--------|-------------------------|
|   | Gary Sidorsky           |
|   | Chief Financial Officer |

 

----
No. 56035.

protest 164071-K (New York).

#### Vintage Wines, Inc. *v.*United States,

Opinion by

Johnson, J.

At the trial it was stipulated that the facts and issues herein are similar in all material respects to those involved in *United States*v. *Browne Vintners Co., Inc. (34 C. C.*P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested not found were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested not found. The protest was sustained to this extent.
```
      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]
                 United States Court of Appeals
                     For the First Circuit
                                
                                



No. 97-2332
                                
                   UNITED STATES OF AMERICA,

                       Plaintiff, Appellee,

                                v.

           DAVID L. KINGSBURY AND ELIZABETH A. MASTERS,

                     Defendants, Appellants.



                   APPEAL FROM THE JUDGMENT OF
                THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF MAINE
                                
          [Hon. Morton A. Brody, U.S. District Judge]
                                


                             Before
                                
                     Boudin, Circuit Judge,
                 Coffin, Senior Circuit Judge,
                   and Lynch, Circuit Judge.
                                
                                


     David L. Kingsbury and Elizabeth A. Masters on brief pro se.
     Loretta C. Argrett, Assistant Attorney General, Jay P.
McCloskey, United States Attorney, William S. Estabrook and John A.
Nolet, Attorneys, Tax Division, Department of Justice, on brief for
appellee. 





June 23, 1998



                                
                                

            Per Curiam.  We have carefully reviewed the parties'
    briefs and the record on appeal.  We affirm on grounds that the
    appellants  made no attempt to show that they are entitled to
    relief under Fed. R. Civ. P. 60(b).  They have not shown that
    they had good cause for the default, a meritorious defense to
    the action, or any other grounds which would have entitled them
    to relief under Rule 60(b).  United States v. Proceeds of Sale
    of 3888 pounds Atlantic Sea Scallops, 857 F.2d 46, 49 (1st Cir.
    1988).  The provisions of 28 U.S.C. � 1655 have no bearing on
    this issue because service below was not made pursuant to that
    statute.
              Affirmed.  Loc. R. 27.1.
```
#### William H. Millett, *Respondent, v.*George W. Head and another, *Appellants.*

— J udgment and order affirmed. Opinion by Smith, P. J.
Fourth Court of Appeals

San Antonio, Texas

March 23, 2022

No. 04-21-00436-CV

IN RE Thomas TERAN and Ruiz and Sons, Inc.

Original Mandamus Proceeding1

ORDER

On October 12, 2021, relators filed a petition for writ of mandamus. On December 18, 

2021, the real party in interest filed a response, and on January 6, 2022, relators filed a reply in 

support of their petition. In accordance with our memorandum opinion of this date, we 

CONDITIONALLY GRANT the writ of mandamus. The trial court is directed to vacate the 

September 14, 2021 Order on Nonparty Foundation Surgical Hospital of San Antonio’s Motion 

for Protective Order and Motion to Quash. The writ will issue only if the trial court fails to comply 

within fifteen days of the date of our opinion and order. This order is without prejudice to the trial 

court’s authority to craft an order that adequately protects the interests at stake.

This court’s March 4, 2022 order granting relators’ “Motion for Emergency Temporary 

Stay of Depositions Beginning March 8, 2022 and Trial Set April 8, 2022” is DISSOLVED.

It is so ORDERED on March 23, 2022.

_____________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 23rd day of March, 2022.

_____________________________

Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 2020-CI-02455, styled Victor Galvan v. Thomas Teran and Ruiz and Sons, 

Inc., pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Laura Salinas presiding.