alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**
**THE NORTHWEST FOREST PLAN REVISITED**
**
**
**James Pipkin**
**
**
**September 1998**
**

**About the Report**

James Pipkin is the Director of the Office of Policy Analysis at theDepartment of the Interior. This report was requested by the regional directorsof the federal agencies that are involved in implementing the President'sPacific Northwest Forest Plan (U.S. Forest Service, Bureau of Land Management,Bureau of Indian Affairs, National Park Service, Fish and Wildlife Service,Environmental Protection Agency, Biological Resources Division of the U.S.Geological Survey, and the National Oceanic and Atmospheric Administration)and commissioned by the Chair of the Council on Environmental Quality,acting in her capacity as Chair of the Interagency Steering Committee forthe Northwest Forest Plan effort.

It is based on materials collected from a variety of sources as wellas from interviews with approximately 75 people, including members of theRegional Interagency Executive Committee, the Intergovernmental AdvisoryCommittee, the Regional Community Economic Revitalization Team, the originalForest Ecosystem Management Assessment Team, the Regional Ecosystem Office,and agency field personnel doing on-the-ground implementation. It includesinput from an intergovernmental team assembled to look at certain issuesconnected with the review. Drafts of the report were reviewed by many ofthese same people, as well as by employees at the field level and membersof Provincial Advisory Committees.

Although many people provided assistance in the preparation of thisreport, the opinions and conclusions expressed in the report are thoseof the author and should not be regarded as the official position of anyfederal agency.
(Reap. Dec. 8468)

#### Joseph Galler, Inc. *v.*United States

Entry No. 717933-1/3.

(Decided July 14, 1955)

*Bernard Jaffe*for the plaintiff.

*Warren E. Burger,*Assistant Attorney General, for the defendant.

Wilson, Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation:

> It is stipulated and agreed by counsel, for the respective parties hereto, subject to the approval of the court, that at the time of exportation of the merchandise *383invoiced on the first and second consular invoices herein, and Case Nos. 4295, 4296, 4297 and 4298, as fil angora 50 %, such or similar merchandise was freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, at $23.15 per kilo packed, less charges marked X on the consular invoices.

> It is further stipulated and agreed that there was no higher foreign value, as defined in Section 402 (c) of the Tariff Act of 1930, as amended, for the merchandise such or similar to that involved herein at the time of exportation thereof.

> It is further stipulated and agreed that this case is limited to the first and second invoices and that this ease is hereby submitted for decision on the foregoing stipulation.

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to he the proper basis for the determination of the value of the merchandise invoiced on .the first and second consular invoices herein, and case Nos. 4295, 4296,

4297, and 4298, as fil angora 50 per centum, and that such value was $23.15 per kilo packed, less charges marked X on the consular invoices. Insofar as the appeal relates to all other merchandise, it is dismissed.

Judgment will be entered accordingly.
Before the Second Division,

April 26, 1945

No. 50142.

#### Protest 77222-K of Nippon Dry Goods Co. (San Francisco).

Opinion by

Kincheloe, J.

In accordance with stipulation of counsel that the merchandise is similar in all material respects to that passed upon in *United States*v. *Nippon Import & Trading Co.*(30 C. C. P. A. 89, C. A. D. 220), the claim at 35 percent under paragraph 921 was sustained.
Exhibit
31.1


RULE
13a-14(a)/15d-14(a) CERTIFICATION








I, John
L. McManus, certify that:





1.   I
have reviewed this quarterly report on Form 10-Q/A of Aeolus Pharmaceuticals,
Inc.; and





2.   Based
on my knowledge, this 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 report.





Date:
August 27, 2010





/s/ John L. McManus John L.
McManus


President
and Chief Executive Officer


(Principal
Executive Officer)
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 this Report on Form 10-Q of Summit Financial Services Group, Inc. (the Company), for the quarter ended
March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report ), I, Steven C. Jacobs, Executive Vice President and Chief Financial Officer of the Company, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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/ Steven C. Jacobs                                
|Steven C. Jacobs                                    
|Executive Vice President and Chief Financial Officer
|Dated: May 17, 2010                                 

Created by
Morningstar® Document
ResearchSM

http://documentresearch.morningstar.com

Source: SUMMIT FINANCIAL SERVICES GROUP INC, 10-Q, May 17, 2010
#### Peter Bowe, *Respondent, v.*Robert C. Brown and others, *Appellants.*

— Order reversed and motion to open default granted upon the payment' of ten dollars costs, and ten dollars costs of. appeal to abide event. Opinion by Brady, J.
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 this Report on Form 10-Q
of Summit Financial Services Group, Inc. (the Company), for the quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report ), I,
Steven C. Jacobs, Executive Vice President and Chief Financial Officer of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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/ Steven C. Jacobs                                
|Steven C. Jacobs                                    
|Executive Vice President and Chief Financial Officer
|Dated: November 16, 2009
**Exhibit23.1**

** **

[Letterhead]

 

 

 

 

 

 

 

 

 

 

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

 

 

eAcceleration Corp.

Poulsbo, Washington

 

 

 

We hereby consent to the incorporation byreference in the registration statement on Forms S-8 (No. 333-85444), of ourreport dated March 1, 2005, relating to the consolidated financial statementsof eAcceleration Corp. appearing in the Company’s Annual Report on Form 10-KSBfor the year ended December 31, 2004.

 

 

/s/ Peterson Sullivan PLLC

 

 

 

March 1, 2005

Seattle, Washington

 

 

 

----
No. 48593.

#### Protests 743601-G, etc., of Holland Food Corp. (New York).

Opinion by

Keefe, J.

It was stipulated that the cheese in question is similar to that the subject of Abstract 48269. The protests were therefore sustained.
Order entered November 16, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01182-CV

DEBBIE WHEELER, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE 

ESTATE OF LARRY WHEELER, KIM ADAMS, AND KRISTIE STEWART, Appellants

V.

METHODIST RICHARDSON MEDICAL CENTER AND 

METHODIST HEALTH SYSTEM FOUNDATION, Appellees

On Appeal from the 416th Judicial District Court

Collin County, Texas

Trial Court Cause No. 416-01327-2016

ORDER

Before the Court is appellants’ November 14, 2018 unopposed motion for an extension of 

time to file a brief. We GRANT the motion and extend the time to November 21, 2018.

/s/ ADA BROWN 

JUSTICE
Exhibit 32



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 Ableauctions.com, Inc. Annual Report on Form 10-KSB for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Abdul Ladha, Chief Executive Officer and Chief Financial 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, to the best of 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 and results of operations of the Company.

A signed original of this written statement required by Section 906, another 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 Ableauctions.com Inc. and will be retained by Ableauctions.com Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

Dated March 25, 2005



/s/ Abdul Ladha



Abdul Ladha

Chief Executive Officer & Chief Financial Officer
(Principal Executive Officer)





---
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

AGUSTINUS DAVID MONIAGA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-70406

Agency No. A078-020-348

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 25, 2010** 

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Agustinus David Moniaga, a native and citizen of Indonesia, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We

review for abuse of discretion the BIA’s denial of a motion to reopen, and review

FILED

JUN 10 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-70406

de novo claims of due process violations in removal proceedings, including claims

of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-

92 (9th Cir. 2005). We grant the petition for review and remand.

The BIA abused its discretion by basing its prejudice inquiry on a

heightened standard where it concluded that Moniaga failed to establish a prima

facie case of eligibility for the relief sought. See Iturribarria v. INS, 321 F.3d 889,

899-90 (9th Cir. 2003) (alien must demonstrate that counsel’s performance “was so

inadequate that it may have affected the outcome of the proceedings”); Maravilla

Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th Cir. 2004) (alien “need not show that

they would win or lose on any claims”) (internal citation and quotation marks

omitted). We therefore remand for the BIA to reconsider its prejudice

determination.

PETITION FOR REVIEW GRANTED; REMANDED.
Exhibit 32.12

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 Frontier Masters Series, a Series of The Frontier Fund on Form 10-Q for the period ended September 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 Frontier Masters Series.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

Date: November 11, 2010
Exhibit 23.2      Cinnamon Jang Willoughby & Company   Chartered Accountants A Partnership of Incorporated Professionals      Consent of Independent Registered Public Accounting Firm   We hereby consent to the inclusion of our report, dated March 15, 2006 (except note 2 relating to the restatements which is as of January 23, 2008), appearing in the Annual Report on Form 10-KSB covering the consolidated financial statements of Ableauctions.com, Inc. for the year ended December 31, 2005 and to the incorporation of our report into the registration statements on Form S-8 of Ableauctions.com, Inc. and subsidiaries, which were filed with the Commission as numbers 333-117979, 333-114906, 333-32740, 333106102, 333-106101, 333-106005, 333-87800 and 333-32740, and on Form S-3, which were filed with the Commission as numbers 333-112504 and 333-109844.    /s/Cinnamon Jang Willoughby & Company  CHARTERED ACCOUNTANTS  Burnaby, BC, Canada January 25, 2008          Endnotes  HLB
No. 47966.

#### Protest 92689-K of Givaudan-Delawanna, Inc. (New York).

Opinion by

Cole, J.

It was stipulated that the merchandise in question consists of cresylic acid the same in all material respects as that involved in *Lehn & Fink Products Corp.*v. *United States*(7 Cust. Ct. 182, C. D. 564) which record was incorporated herein. In accordance therewith the claim at 20 percent ad valorem and 3)4 cents per pound under paragraph 27 (b) was sustained.
No. 61944.

#### Empacadora y Refrigeradora de Coahuila, S. A. *v.*United States,

protests 203783-K, 203784-K, and 203788-K (Laredo).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of meats, prepared or preserved, not specially provided for, similar in all material respects to the meat the subject of *United States*v. *Mercantil Distribuidora, S. A., et al.*(45 C. C. P. A. 20, C. A. D. 667), the claim of the plaintiff was sustained.
#### Sharon F. Becker, Appellant, v Waldbaum, Inc., Respondent, et al., Defendant.

[633 NYS2d 533]

—In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (O’Brien, J.), dated May 20, 1994, which granted the motion of the defendant Waldbaum, Inc., for summary judgment dismissing the complaint insofar as it is asserted against it, and (2) an order of the same court dated July 7, 1994, entered upon the order dated May 20, 1994, which directed the clerk to enter a judgment in favor of Waldbaum, Inc., and against the plaintiff.

Ordered that the orders are affirmed, with one bill of costs.

The plaintiff allegedly slipped and fell in a puddle of an unknown substance which was on the floor of a store owned by Waldbaum, Inc. (hereinafter Waldbaum), sustaining injuries as a result. In response to Waldbaum’s motion for summary judgment, the plaintiff submitted no evidence regarding how long the substance had been on the floor or how it came to be there. The plaintiff’s contentions that the respondent created the condition or had actual or constructive notice of it prior to the accident are based on conjecture and speculation *(see, Moss v JNK Capital,*211 AD2d 769, *affd*85 NY2d 1005; *Batiancela v Staten Is. Mall,*189 AD2d 743; *Ruth v Allied Maintenance Corp.,*143 AD2d 634, 635). The Supreme Court therefore properly granted Waldbaum’s motion for summary judgment *(see, Zuckerman v City of New York,*49 NY2d 557, 562). Balletta, J. P., Miller, O’Brien and Copertino, JJ., concur.
#### George B. Morgan et al., Appellants, v A.O. Smith Corporation et al., Defendants, and Mohawk Tech, Inc., Re*423spondent.

[633 NYS2d 574]

—In an action to recover damages for breach of warranty and fraud, the plaintiffs appeal (1) from so much of an order of the Supreme Court, Dutchess County (Beisner, J.), entered April 1, 1994, as granted the motion by the defendant Mohawk Tech, Inc., pursuant to CPLR 3211, to dismiss the fourth cause of action of the complaint insofar as asserted against it, and (2) as limited by their brief, from so much of an order of the same court, entered September 23, 1994, as, upon reargument, adhered to its original determination.

Ordered that the appeal from the order entered April 1, 1994, is dismissed, as that order was superseded by the order entered September 23, 1994, made upon reargument; and it is further,

Ordered that the order entered September 23, 1994, is reversed insofar as appealed from, so much of the order entered April 1, 1994, as granted the motion by the defendant Mohawk Tech, Inc., to dismiss the fourth cause of action is vacated, the motion is denied, and the fourth cause of action is reinstated; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The Supreme Court erred in dismissing the fraud cause of action. When a cause of action to recover damages for fraud is premised upon an alleged breach of contract, the supporting allegations must only concern representations which are collateral or extraneous to the terms of the parties’ agreement, or else a plaintiff is limited to a cause of action for breach of contract *(see, Mastropieri v Solmar Constr. Co.,*159 AD2d 698; *Sforza v Health Ins. Plan,*210 AD2d 214; *Noufrios v Murat,*193 AD2d 791; *McKernin v Fanny Farmer Candy Shops,*176 AD2d 233). Here, the complaint alleges that the allegedly fraudulent representations were not contained in the contract *(cf., Sforza v Health Ins. Plan, supra; Green Bus Lines v General Motors Corp.,*169 AD2d 758), and because the contract is not in the record *(cf., Jay Realty v Gross,*204 AD2d 274; *Scheinberg v Samuels,*171 AD2d 857; *Tuck Indus, v Reichhold Chems.,*151 AD2d 565), we cannot determine whether the supporting allegations concern representations which were collateral or extraneous to the parties’ agreement. Accordingly, the fraud cause of action should not be dismissed. Thompson, J. P., Joy, Goldstein and Florio, JJ., concur.
D

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The Eagle's Talons: The American Experience at WarDennis M. Drew and Donald M. Snow

1988, 445 pages                ISBN: 1-58566-025-6                $16.00

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