alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Against Gravity Apparel, Inc., Appellant, v Quarterdeck Corporation, Respondent.

[699 NYS2d 368]

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 8, 1999, which, in an action for breach of warranty and deceptive trade practices arising out of defendant’s sale of computer software to plaintiff that was not Y2K compliant, granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

The causes of actions for breach of warranty and violation of the Magnuson-Moss Warranty Act (15 USC § 2301 *et seq.)*were properly dismissed in view of defendant’s disclaimer of all implied warranties, and plaintiffs use of the software without any problems during the 90-day warranty period *(see, Abraham v Volkswagen of Am.,*795 F2d 238, 241, 249-250; *Feinstein v Firestone Tire & Rubber Co.,*535 F Supp 595, 603). Even if the warranty did extend beyond January 1, 2000, some two and a half years after the purchase, the errors and interruptions alleged by plaintiff would not be covered since defendant expressly “[did] not warrant that the operation of the Software will be uninterrupted or error free”. This last disclaimer, together with the 90-day warranty period, also undermines any claim under General Business Law § 349 of a materially misleading or deceptive omission implying Y2K compliance *(see, S.Q.K.F.C., Inc. v Bell Atl. Tricon Leasing Corp.,*84 F3d 629, 636-637). Nor does UCC 2-719 (2) avail plaintiff since, the defect not having manifested itself during the warranty period, the warranty was never triggered, and it therefore cannot be said that the warranty failed of its essential purpose or that plaintiff was deprived of the benefit of his bargain *(see, Siemens Credit Corp. v Marvik Colour,*859 F Supp 686, 694). Also without merit is plaintiffs claim, based on UCC 1-204, that the software’s Y2K noncompliance is a latent defect that could not be discovered during an unreasonably short 90-day warranty period *(see, Landsman Packing Co. v*
      *45
      *Continental Can Co.,*864 F2d 721, 729). We have considered plaintiffs other arguments and find them unpersuasive. Concur — Sullivan, J. P., Rosenberger, Tom, Mazzarelli and Wallach, JJ.
II 

112TH CONGRESS 

2D SESSION S. 2052 

To amend title 5, United States Code, to provide that the legal public 

holiday for the birthday of George Washington take place on February 

22, rather than on the third Monday in February. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2012 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 5, United States Code, to provide that the 

legal public holiday for the birthday of George Washington take place on February 22, rather than on the 

third Monday in February. 

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

3 SECTION 1. HOLIDAYS. 

4 Section 6103(a) of title 5, United States Code, is 

5 amended by striking ‘‘the third Monday in February’’ and 

6 inserting ‘‘February 22’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
U.S. Dept Commerce/NOAA/NMFS/NWFSC/Publications
NOAA Tech Memo NMFS F/NWC-200: Snake River Chinook Salmon (cont):  Figure 2. -- Schematic of the major subbasins of the Snake River that produce spring/summer chinook salmon. Table of Contents
#### Mary L. V. Lucadana, Plaintiff, *v.*Vincent F. Lucadana, Defendant

Supreme Court, Special Term, New York County,

March 25, 1963.

*Vincent J. Classey*for plaintiff;. *Arthur H. Rose*and *Louis Schultz,*in person.

Thomas Dickens, J.

This motion is one in which plaintiff applies for an order directing the attorney whom she had engaged to represent her in this separation action, ‘ ‘ and/or ’ ’ his associate attorney whom her retained attorney had thereafter engaged as proctor attorney, to turn over to her or to her present attorney the file and all other papers of the case.

Neither attorney professes, in a respective affidavit, to have, at this time, possession of the papers. In a logomachy exchange, each maintains that the other has the papers. In effect then, their disclaimer of responsibility seems to indicate that somewhere or somehow the file and all the other papers may have gone astray, and so, have not, for this reason, been available for their return to plaintiff, since her demand.

Generally, whether such relief should be granted in this summary fashion, is entirely a matter of discretion; but, “ ‘ This power should always be exercised with great prudence and caution, and a sedulous regard for the rights of the client on the one hand and of the attorney on the other.’ ” *(Matter of Goode,*174 N. Y. S. 72, 75.)

As officers of the court, it is reasonable to assume that the lawyer of record and his hired associate are, each for himself, speaking truthfully *(Matter of Friedman*[Fishbane], 238 App. Div. 341, 344).

Neither bad faith nor an attorney’s lien is involved.

Although confronted with a problematic choice as the result of such unfortunate state of affairs, I am, nevertheless, constrained to follow one course, and such course leads but to the admonitory maxim that *“*the law does not seek to compel a man to do that which he cannot possibly perform.” *(Matter of Brown*v. *Board of Trustees of Town of Hamptonburg,*303 *1030N. Y. 484, 490. See, also, Ballentine’s Law Dictionary [Maxim, English translation], p. 66; *Johnson*v. *City of Troy,*24 App. Div. 602, 604; *Cambreleng*v. *Graham,*79 Hnn 247, 248-249; *American Preservers Co.*v. *Drescher,*4 Misc. 482.) To hold otherwise, then compulsion, would, in the circumstances, end in no more than a futile attempt at trying to achieve something that is axiomatically regarded as impossible — the squaring of the circle.

Failing to serve the turn, the motion leaves me with no alternative but to deny it. Motion denied.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 209 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 209

 To prohibit the use of funds to transfer individuals detained by the 
United States at Naval Station, Guantanamo Bay, Cuba, and certain other 
                enemy belligerents to the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2011

   Mr. Kirk introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To prohibit the use of funds to transfer individuals detained by the 
United States at Naval Station, Guantanamo Bay, Cuba, and certain other 
                enemy belligerents to the United States.

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

SECTION 1. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED 
              AT GUANTANAMO BAY, CUBA, AND CERTAIN OTHER ENEMY 
              BELLIGERENTS TO THE UNITED STATES.

    (a) Prohibition.--None of the funds appropriated or otherwise made 
available to any Federal department or agency may be used to transfer 
any individual described in subsection (b) to the United States.
    (b) Individual Described.--An individual described in this 
subsection is any individual who is--
            (1) detained by the United States at Naval Station, 
        Guantanamo Bay, Cuba; or
            (2) a foreign national who is--
                    (A) captured or detained outside the United States 
                as an enemy belligerent; and
                    (B) in the custody or under the effective control 
                of the Department of Defense.
    (c) Definitions.--For purposes of this section:
            (1) The term ``foreign national'' means an individual who 
        is not a citizen or national of the United States.
            (2) The term ``enemy belligerent'' includes a privileged 
        belligerent and an unprivileged enemy belligerent, as such 
        terms are defined by section 948a of title 10, United States 
        Code.
                                 <all>
```
Before the Third Division,

January 27, 1939

No. 40549.

#### Protests 716838-G, etc., of Amtorg Trading Corp. (New York).

Opinion by

Cline, J.

It was found from the weight of evidence that a tag with the proper marking legend was securely attached to the burlap in each bag containing the potato flour or starch in question. The protests were therefore sustained. *United States*v. *Monteverde*(C. A. D. 2) distinguished. *American Hatters*v. *United States*(C. D. 31) followed.
Exhibit 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
                      AS ADOPTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2004


In connection with the Quarterly Report of IEH Corporation (the "Company") on
Form 10-QSB for the quarter ending September 29, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Knoth, Chief Financial Officer of the Company, respectfully certify, pursuant to
18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2004, that:

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

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

/s/ Robert Knoth
------------------------
Robert Knoth
Chief Financial Officer, Controller and Principal Accounting Officer

November 6, 2006


                                       31
**EXHIBIT
      32.1**





**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**




I,
      Marvin
      Sackner, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
      906
      of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-KSB, as
      amended of Non-Invasive Monitoring Systems, Inc. for the fiscal year ended
      July
      31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and that information contained in such Annual
      Report of Form 10KSB, as amended, fairly presents, in all material respects,
      the
      financial condition and results of operations of Non-Invasive Monitoring
      Systems, Inc.




April
                22, 2008
            By:
            /s/
                Marvin SacknerMarvin
                SacknerChief
                Executive Officer
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# Short Story, Milton Lewis (retired), DLA Land and Maritime, DLA 60th Anniversary

DLA Land and Maritime Public Affairs

                COLUMBUS, Ohio  –              
In Afghanistan and Iraq, U.S. soldiers lost lives to roadside bombs. In 2007, the Secretary of Defense made a commitment to Mine-Resistant Ambush Protected (MRAP) vehicles. Former Defense Logistics Agency Land and Maritime Acquisition Executive Milton K. Lewis talks about how he and his team took on the challenge and worked tirelessly to make sure repair parts were available so MRAPs could be maintained and warfighters would be saved.03:44VIDEO  | 03:44 |Short Story, Milton Lewis (retired), DLA Land and Maritime, DLA 60th Anniversary

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DLA 60th AnniversaryDLA 60th Anniversary L&M
Exhibit 32.1

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop  Medical  Corporation  (the
"Company") on Form 10-QSB for the period ending December 31, 2005, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Donald A. Goer, Chief Executive 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:

         (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/   DONALD A. GOER
                                             -----------------------
                                             Donald A. Goer
                                             Chief Executive Officer

                                             Date:  February 9, 2006


A signed  original of this  written  statement  required by Section 906 has been
provided to Intraop Medical  Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
#### Rohner Gehrig & Co., Inc. *v.*United States

No. 7777.

Entry No. 719582.

(Decided January 23, 1950)

*Louis Jacobus*for the plaintiff.

*David N. Edelstein,*Assistant Attorney General, for the defendant.

Lawrence, Judge:

It has been agreed between the parties hereto that the issues herein relating to the merchandise the subject of this appeal are the same in all material respects as those decided in *United States*v. *Gothic Watch Co.,*23 Cust. Ct. 235, Reap. Dec. 7712, affirming the judgment in *Gothic Watch Co.*v. *United States,*19 Cust. Ct. 309, Reap. Dec. 7438, and that the record in Reap. Dec. 7712, *supra,*may be incorporated herein.

Upon the agreed facts, I find that the attempted appraisement embodied in the second return of value by the appraiser of the merchandise covered by this appeal was illegal, null, and void, and that the appraiser’s original return of value, as reported by him to the collector of customs, constituted his appraisal of the merchandise pursuant to section 500 of the Tariff Act of 1930 (19 U. S. C. § 1500), and was final and conclusive in the absence of any appeal pursuant to section 501 of said act (19 U. S. C. § 1501).

Judgment will be entered accordingly.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-40029 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERTO SERGIO SALINAS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-93-CR-188-5

- - - - - - - - - -

August 14, 1997

Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

PER CURIAM:*

Roberto Sergio Salinas appeals the sentence imposed by the

district court after his supervised release was revoked. Salinas

contends that the district court’s sentence was excessive. We

have reviewed the record and the briefs of the parties and hold

that the district court did not err in sentencing Salinas. The

district court’s sentence was not in violation of law or plainly

unreasonable. United States v. Headrick, 963 F.2d 777 (5th Cir.

1992).
No. 

-2-

AFFIRMED.
Exhibit 31.1

CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, J.C. Chatpar, certify that:

- I have reviewed this annual report on Form 10-KSB/A of Cyber Digital,  Inc.;   Based on my knowledge, this annual 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 fiscal year covered  by this annual report;  Based on my knowledge, the financial statements, and other financial  information included in this annual report, fairly present in all material  respects the financial condition, results of operations and cash flows of the  registrant as of, and for, the fiscal years presented in this annual report;  
- The registrant's other certifying officers 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)) for the registrant and have:   a) Designed such disclosure controls and procedures, or caused such  disclosure controls and procedures to be designed under our supervision, to  ensure that material information relating to the registrant, including its  consolidated subsidiaries, is made known to us by others within those  entities, particularly during the period in which this annual report is being  prepared;  b) Evaluated the effectiveness of the registrant's disclosure controls and  procedures and presented in this report our conclusions about the  effectiveness of the disclosure controls and 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 financial reporting that occurred during the registrant's most recent  fiscal quarter (the registrant's fourth fiscal quarter in the case of an  annual report) that has materially affected, or is reasonably likely to  materially affect, the registrant's internal control over financial reporting;  and  The registrant's other certifying officers 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 registrant's board of  directors (or persons performing the equivalent function):  
a) All significant deficiencies and material weaknesses in the design oroperation of internal controls over financial reporting which are reasonablelikely to adversely affect the registrant's ability to record, process,summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant's internal controls overfinancial reporting.

 
  March 17, 2005 
/s/ J.C. Chatpar
  J.C. Chatpar  Chief Executive Officer and   Chief Financial Officer
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

I, Mark A. Payne, President and Chief Financial Officer of Redline Performance
Products, Inc. (the "Company"), hereby certify, that to my knowledge:

    (1) the Company's Quarterly Report on Form 10-QSB for the fiscal quarter
        ended December 31, 2003 (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) information contained in the Report fairly presents, in all material
        respects, the financial condition and results of operations of the
        Company.

Date: February 12, 2004

                                  /s/ Mark A. Payne
                                  ------------------
                                  Mark A. Payne
                                  President and Chief Financial Officer

The foregoing certification is furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the Form 10-QSB or
as separate disclosure documents. A signed original of this written statement
has been provided to Redline Performance Products, Inc. and will be retained by
Redline Performance Products, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
**EXHIBIT
      32.1**




**DIRECT
      RESPONSE FINANCIAL SERVICES, INC.**


**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 Direct Response Financial Services,
      Inc.
      (the Company) on Form 10-QSB for the period ended July 31, 2006 as filed with
      the Securities and Exchange Commission on the date hereof (the Report), I,
      T.
      Randolph Catanese, the Chief Executive Officer of the Company, certify, pursuant
      to 18 U.S.C. ss.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
      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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Direct Response Financial Services, Inc. and will be retained by Direct Response
      Financial Services, Inc. and furnished to the Securities and Exchange Commission
      or its staff upon request.






Dated:
      September 21, 2006


/s/
      T.
      Randolph Catanese


Name:
      T.
      Randolph Catanese


Title:
      Chief Executive Officer
No. 55641.

#### C. Parsons & Son, Ltd. *v.*United States,

protests 56132-K, 56169-K, and 56173-K (Boston).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.