alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Beam *v.*Rome Hardware Company.

No. 11767.

April 14, 1937.

*John Ocimp Davis,*for plaintiif in error.

*Jack Rogers, Barry Wright, and Henry J. FulTbrighi Jr.,*contra.

Atkinson, Justice.

A money judgment was rendered in a justice court on January 13, 1934. An execution issued on January 23, 1934, was levied on described realty, April 23, 1936. A statutory claim was interposed by a third person. The execution did not show that it had ever been entered on the general execution docket, nor was there other evidence of such entry. The claimant introduced a warranty deed to himself from the defendant, reciting a valuable consideration, dated April 4, 1935, and recorded January 24, 1936. The judge directed a verdict finding the property subject. The claimant made a motion for new trial, based solely on the general grounds, and excepted to a judgment refusing a new trial. *Held-.*

1. The recitals as to valuable consideration in the deed from defendant to claimant, as against the plaintiff in fi. fa., who was not a party to the deed and did not claim any right under it, were not. competent evidence of the facts so recited. *Louisville & Nashville Railroad Co.*v. *Ramsay,*134 *Ga.*107 (67 S. E. 652); *Howard*v. *Snelling,*32 *Ga.*195; *Hanks*v. *Phillips,*39 *Ga.*550; *Dixon*v. *Monroe,*112 *Ga.*158 (37 S. E. 180); *Lanier*v. *Hebard,*123 *Ga.*626 (51 S. E. 632); *Sammons*v. *Nabers,*184 *Ga.*269 (191 S. E. 124).

2. There being no' extraneous evidence as to a consideration, there was no evidence to show that the claimant was a purchaser bona fide and for value; and his deed would not, in virtue of the Code, § 39-701, requiring entry of executions on the general execution docket, be aided by failure of the plaintiff to obtain entry. In the circumstances the claimant’s deed must yield to the plaintiff’s older judgment. Code, § 110-507; *Eason*v. *Vandiver,*108 *Ga.*109 (33 S. E. 873); *Ray*v. *Atlanta Trust & Banking Co.,*147 *Ga.*265 (6) (93 S. E. 418). The judge did not err in refusing a new trial. *Judgment affirmed.*

*Ail the Justices concur.*
Exhibit 32_1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER



PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)



I, Peyton R. Patterson, Chairman of the Board, President and Chief Executive Officer hereby certify that NewAlliance
Bancshares, Inc.s report on Form 10-Q for the quarter ended March 31, 2004 fully complies with the requirements of Section 13 (a) of the Securities Exchange Act of 1934 and that the information contained therein fairly presents, in all
material respects, the financial condition and results of operations of NewAlliance Bancshares, Inc.



|                                                            
|------------------------------------------------------------
|                                                            
|/s/ Peyton R. Patterson                                     
|                                                            
|Peyton R. Patterson                                         
|Chairman of the Board, President and Chief Executive Officer



Date: May 11, 2004



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.



Note: A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to NewAlliance Bancshares, Inc. and will be retained by NewAlliance Bancshares, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit 32.2**

#### CertificationPursuant to 18 U.S.C. Section 1350, asAdopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with theQuarterly Report of Norcross Safety Products L.L.C. (the “Registrant”) on Form 10-Qfor the period ended April 1, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, David F. Myers, Jr., Chief Financial Officer of the Registrant,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Registrant.
| Dated: May 12, 2006 | By:    | /s/ DAVID F. MYERS, JR.                            |
|---------------------|--------|----------------------------------------------------|
|                |   | David F. Myers, Jr.                                |
|                |   | Executive Vice President, Chief Financial Officer, |
|                |   | Secretary and Manager                              |
|                |   | (Principal Financial and Accounting Officer)       |

 

**A signedoriginal of this written statement required by Section 906 has been provided tothe Registrant and will be retained by the Registrant and furnished to theSecurities and Exchange Commission or its staff upon request.**

----
EXHIBIT 23.2







Consent of Independent Registered Public Accounting Firm




To the Board of Directors
 Summit Hotel Properties, Inc.







We consent to the incorporation by reference in the registration statement (No. 333-172145) on Form S-8 of Summit Hotel Properties, Inc. of our report dated March 31, 2010, with respect to the consolidated balance sheet of Summit Hotel Properties, LLC and subsidiaries as of December 31, 2009, and the related consolidated statements of operations, changes in members’ equity, and cash flows, for each of the years in the two-year period ended December 31, 2009 and our report dated March 31, 2010 related to the internal control over financial reporting as of December 31, 2009 of Summit Hotel Properties, LLC, which reports appear in the December 31, 2010 annual report on Form 10-K of Summit Hotel Properties, Inc. and Summit Hotel OP, LP.






/s/ Eide Bailly LLP




Greenwood Village, Colorado


March 31, 2011
Exhibit 32.8

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 Long Only Commodity Series, a Series of The Frontier Fund on Form 10-Q
for the period ended September 30, 2007, 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 Long Only Commodity Series.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                               
|-------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                             
|Robert J. Enck                                                                 
|President and Chief Executive Officer of Equinox Fund Management, LLC,         
|the Managing Owner of Long Only Commodity Series, a Series of The Frontier Fund
|                                                                               
|/s/ Brent Bales                                                                
|Brent Bales                                                                    
|Chief Financial Officer of Equinox Fund Management, LLC,                       
|the Managing Owner of Long Only Commodity Series, a Series of The Frontier Fund
|                                                                               
|Date: November 13, 2007
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI 48105

- 2498

OFFICE OF

AIR AND RADIATION

December 30 , 2011

MEMORANDUM

SUBJECT: Meeting with Enviro nmental Organizations on Proposed Rule for Model Year 2017

- 2025 Vehicle Greenhouse Gas Emission Standards

FROM: Robin Moran, Senior Policy Advisor

TO: EPA Docket # EPA

- HQ

- OAR

- 2010

- 0799

This memo documents a meeting held on December 14, 2011 between r epresentatives of several

environmental organizations and EPA to discuss the proposed greenhouse gas emission

standards for light

- duty vehicles for model years 2017

- 2025. Th e meeting attendees from EPA

included Margo Oge, Christopher Grundler, Chet France , William Charmley, Maureen Delaney,

Steven Silverman, Jeff Alson, and Robin Moran

.

The attendees from the environmental organizations included the following:

Ann Mesnikoff, Jesse Prentice

- Dunn, Kesaaraa Wijeyewickrema

- Sierra Club

Brendan Bell, Jim Kl iesch

- Union of Concerned Scientists

Shruti Vaidyanathan

- American Council for an Energy Efficient Economy

Adam Rivera

- Environment America

Luke Tonachel

- National Resources Defense Council

Dan Becker

- Safe Climate Campaign

Hillary Sinamon

– Environ mental Defense Council

The discussion topics included the organizations’ plans to submit public comments, the public

hearings, and credit programs.
# C_2007166EN.01001101.xml

| 20.7.2007 | EN | Official Journal of the European Union | C 166/11 |
| --- | --- | --- | --- |

20.7.2007

EN

Official Journal of the European Union

C 166/11

---

Euro exchange rates (1)

1

19 July 2007

(2007/C 166/05)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,382 |
| JPY | Japanese yen | 168,66 |
| DKK | Danish krone | 7,441 |
| GBP | Pound sterling | 0,67455 |
| SEK | Swedish krona | 9,1757 |
| CHF | Swiss franc | 1,6585 |
| ISK | Iceland króna | 82,23 |
| NOK | Norwegian krone | 7,9035 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 28,281 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,87 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6969 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,757 |
| RON | Romanian leu | 3,1275 |
| SKK | Slovak koruna | 33,15 |
| TRY | Turkish lira | 1,7525 |
| AUD | Australian dollar | 1,5722 |
| CAD | Canadian dollar | 1,442 |
| HKD | Hong Kong dollar | 10,808 |
| NZD | New Zealand dollar | 1,7433 |
| SGD | Singapore dollar | 2,0905 |
| KRW | South Korean won | 1 265,84 |
| ZAR | South African rand | 9,508 |
| CNY | Chinese yuan renminbi | 10,4523 |
| HRK | Croatian kuna | 7,2876 |
| IDR | Indonesian rupiah | 12 562,38 |
| MYR | Malaysian ringgit | 4,7506 |
| PHP | Philippine peso | 61,983 |
| RUB | Russian rouble | 35,108 |
| THB | Thai baht | 41,384 |

Currency

Exchange rate

USD

US dollar

1,382

JPY

Japanese yen

168,66

DKK

Danish krone

7,441

GBP

Pound sterling

0,67455

SEK

Swedish krona

9,1757

CHF

Swiss franc

1,6585

ISK

Iceland króna

82,23

NOK

Norwegian krone

7,9035

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

28,281

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,87

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6969

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,757

RON

Romanian leu

3,1275

SKK

Slovak koruna

33,15

TRY

Turkish lira

1,7525

AUD

Australian dollar

1,5722

CAD

Canadian dollar

1,442

HKD

Hong Kong dollar

10,808

NZD

New Zealand dollar

1,7433

SGD

Singapore dollar

2,0905

KRW

South Korean won

1 265,84

ZAR

South African rand

9,508

CNY

Chinese yuan renminbi

10,4523

HRK

Croatian kuna

7,2876

IDR

Indonesian rupiah

12 562,38

MYR

Malaysian ringgit

4,7506

PHP

Philippine peso

61,983

RUB

Russian rouble

35,108

THB

Thai baht

41,384

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
Exhibit 32.5

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 Campbell/Graham/Tiverton Series, a Series of The Frontier Fund on Form
10-Q for the period ended June 30, 2008, 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 Campbell/Graham/Tiverton Series.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                                           
|-----------------------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                                         
|Robert J. Enck                                                                                                                                             
|President and Chief Executive Officer of Equinox Fund
Management, LLC, the Managing Owner of Campbell/Graham/Tiverton Series, a Series of The Frontier Fund
|                                                                                                                                                           
|/s/ Brent Bales                                                                                                                                            
|Brent Bales                                                                                                                                                
|Chief Financial Officer of Equinox Fund Management, LLC,
the Managing Owner of Campbell/Graham/Tiverton Series, a Series of The Frontier Fund              
|                                                                                                                                                           
|Date: August 12, 2008
Exhibit 32.3

Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as

Adopted 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 Digital Realty Trust, Inc., in its capacity as the sole general partner of Digital Realty Trust, L.P. (the Operating
Partnership), hereby certifies, to such officers knowledge, that:

(i) the accompanying Amended
Annual Report on Form 10-K/A of the Operating Partnership for the year ended December 31, 2013 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d) 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 Operating Partnership at the dates and for the periods indicated.

Dated: March 3,
2014



/S/    MICHAEL F. FOUSTMichael F. Foust
Chief Executive Officer
Digital Realty Trust, Inc., sole general partner of
Digital Realty Trust, L.P.


Pursuant to Securities and Exchange Commission Release 33-8238, dated June 5, 2003, this
certification is being furnished and shall not be deemed filed by the Operating Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any registration statement of the
Operating Partnership filed under the Securities Act of 1933, as amended.

A signed original of this written statement
required by Section 906 has been provided to the Operating Partnership and will be retained by the Operating Partnership and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8909 Enrolled Bill (ENR)]

        H.R.8909

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty-four

                                 An Act

 
To designate the facility of the United States Postal Service located at 
82-6110 Mamalahoa Highway in Captain Cook, Hawaii, as the ``Army 1st Lt. 
              John Kuulei Kauhaihao Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. ARMY 1ST LT. JOHN KUULEI KAUHAIHAO POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 82-6110 Mamalahoa Highway in Captain Cook, Hawaii, shall be 
known and designated as the ``Army 1st Lt. John Kuulei Kauhaihao Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Army 1st 
Lt. John Kuulei Kauhaihao Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 21

- 00552

- CV
IN RE Christine HORTICK , Relator Original Mandamus Proceeding 1
PER CURIAM Sitting: Patricia O. Alvarez, Justice Beth Watkins , Justice Liza A. Rodriguez , Justice Delivered and Filed: December 22, 2021 STAY LIFTED; PETITION FOR WRIT OF MANDAMUS DENIED
On December 15, 2021, Relator Christine Hortick filed an emergency petition for a writ of mandamus: She chall enged the certification by Respondent Monica Alcantara, Bexar County Democratic Party Chairwoman, of the name of Shannon Roberta Salmón for the Democratic Primary ballot for the 225th District Court of Bexar County. On December 16, 2021, Hortick filed an e mergency motion to stay the certification to the Secretary of State by Alcantara.

1 This proceeding arises out of Relator’s challenge to the certification of Shannon Roberta Salmón as a candidate for the 225th District Court in Bexar County, Texas. See T EX

. E LECT

. C ODE A NN

. § 273.061(a) (“[A] court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer. ”).04

- 21

- 00552

- CV

- 2

- The same day, we granted Hortick’s request for a stay, we ordered Alcantara to not certify the name of Shannon Roberta Salmón for the ballot for the 225th District Court of Bexar County pending further order of this court, and we ordered Alcantara to file a response. On December 17, 2021, Alcant a ra filed a response; Salmón also filed a response, which requested sanctions against Hortick. Having considered the petition, the r ecord, Hortick’s emergency motion, and Alcantar a ’s and Salmón’s responses, we conclude Hortick is not entitled to the relief sought. Accordingly, we lift our December 16, 2021 stay. Hortick’s petition for writ of mandamus and Salmón’s request for sanctio ns are denied

. PER CURIAM
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AVON DAVIES,

Plaintiff

- Appellant,

v.

CROSSON, Dr.,

Defendant

- Appellee. No. 18

- 16848

D.C. No. 2:14

- cv

- 02831

- MCE

CKD

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Submitted July 15, 2019 **

Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.

California state prisoner Avon D avies appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference

to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We

review de novo. Toguchi v. Chung , 391 F.3d 1051 , 1056 (9th Cir. 2 004). We

* This disposition is not appropriate for publication and is not pre cedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 24 2019

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 18

- 16848

affirm.

The district court properly granted summary judgment because Davies failed

to raise a genuine dispute of material fact as to whether defendant was deliberately

indifferent to D avies ’s eye

- related medical issue s

. See id. at 1057

- 60 (a prison

official is deliberately indifferent only if he or she knows of and disregards an

excessive risk to inmate health; medical malpractice, negligence, or a difference of

opinion concerning the course of treatment does not amount to de liberate

indifference).

We reject as unsupported by the record Davies’s contentions that he alleged

a due process claim and that the district court erred by failing to consider it

.

To the extent Davies appeals the district court’s September 21, 2017 order

denying his motion for a preliminary injunction , it was previously affirmed by this

court in Davies v. Crosson

, 731 Fed. App’x 681 (9th Cir. 201 8 )

, and cannot be

reexamined. See S. Or. Barter Fair v. Jackson C oun ty , 372 F.3d 1128, 1136 (9th

Cir. 2004) (“The law of the case doctrine

. . . precludes a court from reexamining

an issue previously decided by the same court

. . . .”).

We do not consider matters not specifically and distinctly raised and argued

in the openi ng brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.