alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Richmond.

#### Jones v. Turner.

February 4th, 1886.

1. Chancery *Practice—Final decree—How set*aside.—A decree in these words : “ the plaintiff, failing to prosecute his suit, it is ordered that the same be dismissed,” is a final decree. It can only be set aside by appeal, or by bill of review, within the periods limited by statute. *Battaille*v. *M. H. for*Insane, 76 Va. 63.

*2. Idem—Petition to re-instate—Case*here.—Such decree dismissing suit was entered July 13, 1874. Plaintiff made motion April 17,1878, for leave to file petition to re-instate the case on the docket.

Held :

The petition was too late, the limited period of three years having elapsed.

Appeal from decree of circuit court of Franklin county •entered April 17,1878, in the chancery cause of *Isaac Jones, Jr.,*v. *E. B. Turner, Fleming Saunders and als.*

Opinion states the case.

*E. Barksdale, Jr.,*and *W. R. Barksdale,*for the appellant.

*Hugh Nelson*and *John R. Thurman,*for the appellees.

Lewis, P.,

delivered the opinion of the court.

The suit was dismissed by the decree of the 18th of July, 1874, which is in these words: “The plaintiff failing to *710prosecute his suit, it is ordered that the same be dismissed.”' On the 17th of April, 1878, the plaintiff moved the court for leave to file a petition, praying that the cause be re-instated on the docket, which was refused. Thereupon he obtained an appeal to this court.

The decree dismissing the suit was a final decree, and therefore after the end of the term at which it was rendered, it could be set aside only on appeal to this court, or by the circuit court-on a bill of review. But these remedies must be pursued, if at-all, within the time limited by the statute. Hence there was no longer power in any court to set aside the decree when the application to re-instate the cause was made; and the decree refusing leave to file the petition must be affirmed. *Battaille*v. *Maryland Hospital for the Insane,*76 Va., 63.

Decree aeeirmed.
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 Quarterly Report of Travel Hunt Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending January 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Nancy Reynolds, Chief Executive Officer and Chief Financial Officer of the
Company, certifies to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350,
as adopted pursuant to Sec. 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 result of operations of the Company.


/s/ Nancy Reynolds
--------------------------
Nancy Reynolds
Chief Executive Officer
Chief Financial Officer

March 10, 2004

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Sec.1350 and is not being filed as part of the Report or as a separate
disclosure document.
SAMMIE STANFORD

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 4323

_________ _______________/

Opinion filed March 4, 2015.

An appeal from an order of the Circuit Court for Columbia County

. Julian E. Collins , Judge

.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public

Defender, Tallahassee , for Appellant.

N o appearance for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, C.J., BENTON and THOMAS

, J J

. , CONCUR.
Exhibit 10.4 - Ralph Thompson Employment Agreement (May 15, 1999 - May 14,
               2001)


<PAGE>    Exhibit 10.4 - Pg. 1

Eagle Capital International, Ltd., referred to as EMPLOYER, and Ralph Thomson,
referred to as EMPLOYEE, agree:

EMPLOYEE is engaged to act as Corporate Secretary & Board Member of Eagle
Capital International, Ltd., beginning on May 15, 1999. This contract shall
run for a period of two years from signing.

EMPLOYER may during the course of EMPLOYEES service reveal certain
confidential/trade secret or proprietary information to EMPLOYEE. The items
which are confidential/trade secret or proprietary information shall be
identified as confidential.

EMPLOYEE shall for a period of 24 months after termination not accept
employment with the following firms:

All direct competitors.

EMPLOYEE agrees to promptly disclose to EMPLOYER any inventions or processes
discovered by the EMPLOYEE which are made at the behest or in connection with
the duties of employee, or which are reasonably related to the business of
EMPLOYER during the term of employment, and shall assign all rights in said
inventions or processes to EMPLOYER.

EMPLOYEE shall execute any documents reasonably requested by EMPLOYER for
patents or other legal steps which EMPLOYER may desire to prefect its rights
in the inventions.

EMPLOYER may terminate this agreement upon 120 days notice to the EMPLOYEE.
Upon termination, EMPLOYEE shall return all materials from EMPLOYER to the
EMPLOYER.

If EMPLOYER terminates the EMPLOYEE, EMPLOYEE shall be entitled to full
compensation due immediately upon termination.

Any disputes under this agreement, including those relating to non-competition
shall be submitted to arbitration with a single arbitrator under the rules of
the American Arbitration Association. Any ruling made by the arbitrators
shall be final and may be entered as a judgment in any court of competent
jurisdiction.

This contract shall be renewed every two years with the consent of both
parties.  The compensation will be addressed as a separate issue each time
the contract comes up for renewal.

      Agreed to on this 1 day of June, 1999.


      /s/ Anthony D'Amato           6-1-99
      --------------------------------------
      Anthony D'Amato                Date


      /s/ Ralph Thomson             6-1-99
      --------------------------------------
      Ralph Thomson                  Date


<PAGE>    Exhibit 10.4 - Pg. 2
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. Section 1350)**

In connection with the quarterly report of DayStar Technologies, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2011 as filed with the Securities and Exchange Commissionon the date therein specified (the “Report”), I, Christopher T. Lail, Chief Financial Officer of the Company, certify, pursuant to Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and18 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 Exchange Act; and 

2. The information contained in the Report fairly presents, in all material respects, the financial condition and resultsof operations of the Company. 

Date: August 15, 2011
(Reap. Dec. 9279)

#### Rohner Gehrig & Co., Inc. *v.*United States

Entry No. WH-38319.

(Decided December 22, 1958)

Plaintiff not represented by counsel.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

*429Lawrence, Judge:

When the above-enumerated appeal for a reappraisement was called for hearing, there was no appearance on behalf of plaintiff.

An examination of the official record discloses no reason for disturbing the presumptively correct value for the merchandise found by the appraiser.

I, therefore, find and hold the proper dutiable value of the merchandise covered by said appeal to be the value found by the appraiser.

Judgment will be entered accordingly.
Before the Third Division,

January 12, 1942

No. 46812.

#### Protests 74174-K, etc., of Chong Lung et al. (New York).

Opinion by

Cline, J.

In accordance with stipulation of counsel and on the authority of *Oy Wo Tong Co.*v. *United States*(5 Cust. Ct. 70, C. D. 372) certain of the merchandise in question was held entitled to free entry as crude drugs under paragraph 1669 as claimed, and drugs, sliced, were held dutiable at 10 percent under paragraph 34 as claimed.
I 

118TH CONGRESS 

1ST SESSION H. R. 860 

To establish new ZIP Codes for certain communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2023 

Mr. DIAZ-BALART (for himself, Ms. WASSERMAN SCHULTZ, Mr. STEIL, Mr. 

CALVERT, Mr. BUCK, and Mrs. TORRES of California) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To establish new ZIP Codes for certain communities, 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. ESTABLISHING NEW ZIP CODES. 

4 Not later than 270 days after the date of enactment 

5 of this Act, the United States Postal Service shall des6 ignate a single, unique ZIP Code for each of the following 

7 communities: 

8 (1) Miami Lakes, Florida. 

9 (2) Hollywood, Florida. 

10 (3) Village of Somers, Wisconsin. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 860 IH

1 (4) Village of Mount Pleasant, Wisconsin. 

2 (5) Village of Caledonia, Wisconsin. 

3 (6) Eastvale, California. 

4 (7) Castle Pines, Colorado. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-4522

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CHARLES A. ROSS,

Defendant - Appellant.

Appeal from the United States District Court for the Northern

District of West Virginia, at Clarksburg. Irene M. Keeley, Chief

District Judge. (CR-04-25)

Submitted: March 30, 2006 Decided: April 5, 2006

Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

L. Richard Walker, Assistant Federal Public Defender, Clarksburg,

West Virginia, for Appellant. Thomas E. Johnston, United States

Attorney, Shawn Angus Morgan, Assistant United States Attorney,

Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Charles A. Ross appeals from the criminal judgment

imposed after he pled guilty to possession of pseudoephedrine with

intent to manufacture methamphetamine and possession of a firearm

in furtherance of a drug trafficking crime. He received a 169-

month sentence. On appeal, Ross argues that the district court

erred in sentencing him because he is entitled to an additional

one-level reduction for acceptance of responsibility and that the

Government breached the plea agreement by failing to move for the

additional reduction for acceptance of responsibility. The

Government responds that Ross waived his right to appeal and that

the waiver should be enforced. We agree with the Government and

dismiss the appeal.

Where it is determined that the Government has breached

its obligations under a plea agreement, the defendant is released

from any appeal waiver set forth in the plea agreement. United

States v. Bowe, 257 F.3d 336, 342 (4th Cir. 2001). Our review of

the record and the applicable law reveals that the Government did

not breach the plea agreement with Ross. Because Ross’ sentence

places him within the scope of the appeal waiver, we dismiss the

appeal. We dispense with oral argument because the facts and legal
- 3 -

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

DISMISSED
1 Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession.” Pursuant to that Rule, the Court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-20350

Summary Calendar

__________________

BETTE SUE VIETH,

 Plaintiff-Appellant,

versus

EXXON CORPORATION, doing business as

EXXON COMPANY UNITED STATES OF AMERICA,

 Defendant-Appellee,

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-H-94-450

- - - - - - - - - -

December 14, 1995

Before JOHNSON, DUHÉ, and BENAVIDES, Circuit Judges.

PER CURIAM:1

Bette Sue Vieth appeals from the district court’s entry of

summary judgment in favor of defendant Exxon Corporation in her

suit under the Age Discrimination in Employment Act (“ADEA”).

Vieth contends that the district court erred by granting the

defendant’s motion for summary judgment because genuine issues of

material fact existed with regard to Exxon’s state of mind and

motive for “papering” Vieth’s file with unfavorable material.

Because Vieth failed to establish the existence of a genuine issue
No. 95-20350

-2-

of material fact with regard to whether Exxon’s proffered

explanation for Vieth’s termination was pretextual, the district

court did not err by granting Exxon’s motion for summary judgment.

See Amburgey v. Corhart Refractories Corp., 936 F.2d 805, 812-13

(5th Cir. 1991).

AFFIRMED.
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 quarterly report of JohnsonDiversey Holdings, Inc. (the Company) on Form 10-Q for the quarter ended April 1, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to such officers 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 Company as of the dates and for the
periods expressed in the Report.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |                                           
|------------------ |  |  |  | ------------------------------------------
|                   |  | 
|Date: May 16, 2005 |  |  |  | /s/    GREGORY E.
LAWTON                  
|                   |  |  |  | Gregory E. Lawton,                        
|                   |  |  |  | President and Chief Executive Officer     
|                   |  | 
|                   |  |  |  | /s/    JOSEPH F.
SMORADA                  
|                   |  |  |  | Joseph F. Smorada                         
|                   |  |  |  | Vice President and Chief Financial Officer



The foregoing certification is being
furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.



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.
#### Pierce *v.*Wheeler.

Beck, Presiding Justice.

Where a purchaser of real estate at a tax sale, which is void because the levy was excessive, subsequently conveys the property to a'nother, the grantee in this last deed, who had' notice of the defects in the levy under which the sale took place, can not maintain a suit for subrogation to recover the amount of taxes represented by the fi. fa., whatever might have been the rights of the original purchaser at the tax sale as to recovery. *Maddox*v. *Arthur,*122 *Ga.**351671 (50 S. E. 668). The reason for the rule thus set forth applies with more force to the case in hand than it did under the facts recited in the case just cited. Here the facts show that the defendant in error did not pay any tax on the property, or discharge any lien against it. Applying the foregoing principles to the issue made in this case, the court should have sustained the demurrer.

No. 11725.

April 16, 1937.

*Forrester ■& Vann,*for plaintiff in error.

*Alexander .& Jones,*contra.

*Judgment reversed.*

*All the Justices eoncu'r.*
Exhibit 99.7



CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned, as the Chief Financial Officer of DHX Media
Ltd., certifies that, to the best of his knowledge and belief, the annual report on Form 40-F for the fiscal year ended June 30,
2016, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable,
of the Securities Exchange Act of 1934, as amended, and the information contained in the annual report on Form 40-F for the fiscal
year ended June 30, 2016 fairly presents, in all material respects, the financial condition and results of operations of DHX Media
Ltd. at the dates and for the periods indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaims any
obligation to update the foregoing certification except as required by law.



Date: September 28, 2016



|/s/ Keith Benjamin Abriel     | 
|----------------------------- | 
|Keith Benjamin Abriel         | 
|Chief Financial Officer       | 
|(principal financial officer) |
Exhibit 32





SECTION 1350 CERTIFICATIONS





This Certificate is being delivered pursuant to the requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed for purposes of Section 18 of the Securities Act of 1934, as amended.





The undersigned, who are the Principal Executive Officer and Principal Financial Officer of Business Development Corporation of America (the “Company”), each hereby certify as follows:





To the best of his knowledge, the annual report of Form 10-K of the Company, which accompanies this Certificate, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and all information contained in this quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 4 th day of May 2015





/s/ Peter M. BudkoPeter M. BudkoChief Executive Officer and Chairman of the Board of Directors(Principal Executive Officer)/s/ Nicholas RadescaNicholas RadescaChief Financial Officer, Treasurer and Secretary(Principal Financial and Accounting 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 the quarterly report of G2 Ventures, Inc. (the Company) on Form 10-Q for the period ending June 30, 2009 as filed
with the Securities and Exchange Commission on July 31, 2009 (the Report), I, Gust Kepler, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                           
|---------------------------
|/s/ Gust Kepler            
|Gust Kepler                
|Principal Financial Officer
|July 31, 2009              

A signed original of this certification 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.
1.
    
    I have reviewed this Quarterly Report on Form 10-Q of GTx, Inc.;
 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;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;
 4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
    /s/ Mitchell S. SteinerMitchell S. Steiner, M.D., F.A.C.S.Chief Executive Officer andVice-Chairman of the Board of Directors
No. 56040.

protests 122802-K, etc. (Indianapolis).

#### The Old Quaker Co. et al. *v.*United States,

Opinion by

Johnson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
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 Quarterly Report on Form 10-Q of The First Marblehead Corporation (the "Company") for the
quarter ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel Meyers, Chief Executive Officer and President of the Company,
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



Dated: February 9, 2010

/s/ DANIEL MEYERS Daniel Meyers Chief Executive Officer and President


A signed original of this written statement required by Section 906 has been provided to The First Marblehead Corporation and will be retained by The First
Marblehead Corporation and furnished to the SEC or its staff upon request.

---



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