alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Felipe G. FERRER and C. L. Northcutt d/b/a Northcutt Motors, Appellants, v. Dafne McMURRY and John David McMurry, her husband, Appellees.

No. 70-78.

District Court of Appeal of Florida, Third District.

July 21, 1970.

Rehearing Denied Aug. 28, 1970.

*316Dean, Adams, George & Wood, and David L. Willing and Jack E. Thompson, Miami, for appellants.

Fuller & Brumer; Bolles Goodwin, Ry-skamp & Ware, Miami, for appellees.

Before PEARSON, C. J., and BARK-DULL and HENDRY, JJ.

PER CURIAM.

We are called upon by this appeal to review the propriety of a trial court permitting an ore tenus amendment to plaintiffs’ complaint at the conclusion of all their evidence. The original complaint (as amended) sounded in tort and alleged gross negligence by the operator of a motor vehicle, resulting in injury to a passenger. At the conclusion of all the evidence, the trial court indicated it would grant the defendants’ motion for directed verdict because the injured party was in fact a *guest*passenger and because of the failure of the plaintiffs to establish gross negligence. Thereupon, the trial court permitted an ore tenus motion reducing the plea of gross negligence in the complaint to that of simple negligence. At no time did the complaint or its amendments indicate that the injured party was a guest passenger. The matter was submitted to the jury as to the status of the passenger and the issue as to simple negligence. A verdict was returned in favor of the plaintiffs, and this appeal ensued. The sole point preserved for review was the propriety of the trial court permitting the ore tenus amendment. We affirm.

The granting of the amendment did not change the cause of action; did not put in issue something that was not already there, to wit: the status of the injured party as a passenger. And, under Rule 1.190(b), Rules of Civil Procedure, 30 F.S.A., and its liberal interpretations [Atlantic Coast Line R. Co. v. Edenfield, Fla.1950, 45 So.2d 204; Richards v. West, Fla.App.1959, 110 So.2d 698; Hart Properties, Inc. v. Slack, Fla.App.1962, 145 So.2d 285, quashed on other grounds Fla., 159 So.2d 236; Conk-lin v. Smith, Fla.App.1966, 191 So.2d 311; Compare Trans World Marine Corporation v. Threlkeld, Fla.App.1967, 201 So.2d 614], the appellants have failed to demonstrate that the trial court committed error to the prejudice of their case.

Therefore, for the reasons above stated, the verdict and final judgment thereon be and the same are hereby affirmed.

Affirmed.
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)

In connection with the Annual Report of Isle of Capri Casinos, Inc. (the "Company") on Form 10-K for the period
ended April 26, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Annual Report"), I, James B. Perry, Chief Executive Officer of the Company, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that:

|                    |  |                                                          
|------------------- |  | ---------------------------------------------------------
|Date: June 24, 2009 |  | /s/ JAMES B. PERRY James B. Perry
Chief Executive Officer

---



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

except as provided by Ninth Circuit Rule 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SHANNON KING,

 Plaintiff - Appellant,

 v.

GMAC MORTGAGE, LLC,

 Defendant - Appellee.

No. 10-17929

D.C. No. 2:09-cv-01425-JCMLRL

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Argued and Submitted April 17, 2012

San Francisco, California

Before: SCHROEDER, O’SCANNLAIN, and GRABER, Circuit Judges.

Shannon King appeals from the district court’s grant of summary judgment

in favor of her mortgagee, GMAC Mortgage, LLC (“GMAC”).

The district court did not err in granting GMAC summary judgment on any

of King’s claims: As King had fallen behind on her mortgage payments, she is

FILED

APR 23 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

unable to make a claim for misrepresentation, promissory estoppel, or wrongful

foreclosure. Bulbman, Inc. v. Nev. Bell, 825 P.2d 588, 592 (Nev. 1992) (per

curiam); Pink v. Busch, 691 P.2d 456, 459 (Nev. 1984) (per curiam); Collins v.

Union Fed. Sav. & Loan Ass’n, 662 P.2d 610, 623 (Nev. 1983). King’s breach of

contract claim is barred by the statute of frauds. Nev. Rev. Stat. § 111.210(1). 

And King is unable to make a claim for unjust enrichment since there was a valid

mortgage agreement between the parties. Leasepartners Corp. v. Robert L. Brooks

Trust, 942 P.2d 182, 187 (Nev. 1997) (per curiam).

King’s remaining contentions are either waived or without merit.

AFFIRMED.
#### STATE of Louisiana ex rel. Otto CLARK v. Honorable Frank SHEA, Judge, et al.

No. 61423.

Supreme Court of Louisiana.

Feb. 10, 1978.

In re: Otto Clark applying for writ of mandamus. Parish of Orleans.

Writ denied. Relator’s appeal is pending.
[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Page 6225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3488]


-----------------------------------------------------------------------


COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meeting

AGENCY: HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 10:00 a.m., Thursday, February 27, 1997.

-----------------------------------------------------------------------

PLACE: 1155 21st St., N.W., Washington, D.C. Lobby Level Hearing Room.

STATUS: Open.

MATTERS TO BE CONSIDERED:

Final Rulemaking concerning contract Market Rule Review Procedures
Revised procedures for Commission review and approval of 
applications for Contract Market Designation and of Exchange Rules 
relating to Contract terms and conditions-final rules
Application by the Coffee, Sugar and Cocoa Exchange for contract 
market designation in Basic Formula Price Milk futures and the 
options, including a report on issues involving the National Cheese 
Exchange
Update on Commission activities

CONTACT PERSON FOR FURTHER INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-3488 Filed 2-7-97; 11:58 am]
BILLING CODE 6351-01-M
I 

116TH CONGRESS 

2D SESSION H. R. 7124 

To amend title 10, United States Code, to provide for additional requirements 

for the use of authority under the Insurrection Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2020 

Mr. BROWN of Maryland (for himself, Mr. KHANNA, Ms. NORTON, Mr. TED

LIEU of California, and Mr. MOULTON) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for additional requirements for the use of authority under the 

Insurrection Act, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limitations on the In5 surrection act including Mechanisms for Invoking its Ter6 mination Act’’ or the ‘‘LIMIT Act’’. 

7 SEC. 2. ADDITIONAL REQUIREMENTS FOR USE OF AUTHOR8 ITY UNDER INSURRECTION ACT. 

9 (a) ADDITIONAL REQUIREMENTS.— 


SSpencer on DSK126QN23PROD with BILLS
2 

•HR 7124 IH

1 (1) IN GENERAL.—Chapter 13 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 256. Requirements for use of authority 

5 ‘‘The authority under section 251, 252, or 253 of this 

6 title— 

7 ‘‘(1) may only be exercised after the President 

8 declares a national emergency under the National 

9 Emergencies Act (50 U.S.C. 1601 et seq.) applicable 

10 to the situation for which the authority is exercised; 

11 and 

12 ‘‘(2) may not be exercised if the national emer13 gency has been terminated.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by inserting after the item relating to section 255 

17 the following new item: 

‘‘256. Requirements for use of authority.’’. 

18 (b) CONFORMING AMENDMENTS.—Such chapter is 

19 further amended— 

20 (1) in section 251, by striking ‘‘Whenever’’ and 

21 inserting ‘‘Subject to the requirements under section 

22 256 of this title, whenever’’; 

23 (2) in section 252, by striking ‘‘Whenever’’ and 

24 inserting ‘‘Subject to the requirements under section 

25 256 of this title, whenever’’; and 


SSpencer on DSK126QN23PROD with BILLS
3 

•HR 7124 IH

1 (3) in section 253, by striking ‘‘The President’’ 

2 and inserting ‘‘Subject to the requirements under 

3 section 256 of this title, the President’’. 

Æ 


SSpencer on DSK126QN23PROD with BILLS
#### Bobby WRIGHT, Appellant, v. STATE of Florida, Appellee.

No. 73-786.

District Court of Appeal of Florida, Second District.

March 8, 1974.

James A. Gardner, Public Defender, and Charles H. Livingston, Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Guy E. Labalme, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Judge.

Appellant was charged by information with the crime of assault with intent to commit murder in the first degree. His plea of nolo contendere to the lesser included offense of aggravated assault was accepted by the trial judge, and a pre-sen-tence investigation was ordered. He admitted that he had served time in the state penitentiary for first degree murder and robbery.

Subsequently he appeared before an acting circuit judge for sentencing, was adjudged guilty of aggravated assault and-sentenced to a term of ten years in the Division of Corrections.

Aggravated assault is a felony of the third degree, F.S. § 784.04 F.S.A,, and is ordinarily punishable by a maximum of five years, F.S. § 775.082 F.S.A. Appellant was obviously sentenced as a recidivist.

No separate information was filed' setting forth the prior convictions and no proceedings were had in accordance with the provisions of F.S. § 775.11 and § 775.-084 F.S.A.

The judgment appealed is affirmed,' but the. sentence is hereby vacated and the cause remanded for proper sentencing, without prejudice to the state’s right to subsequently proceed pursuant to the provisions of F.S. § 775.11 F.S.A. as it may be advised. Wright v. State, Fla.App., 291 So.2d 118, opinion filed March 1, 1974.

Remanded with directions.

MANN, C. J., and GRIMES, J., concur.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 203 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                H. R. 203

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 4020 Broadway Street in Houston, Texas, as the ``Benny C. Martinez 
                        Post Office Building''.

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

SECTION 1. BENNY C. MARTINEZ POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4020 Broadway Street in Houston, Texas, shall be known and 
designated as the ``Benny C. Martinez 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 ``Benny C. 
Martinez Post Office Building''.

            Passed the House of Representatives July 14, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 203

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 4020 Broadway Street in Houston, Texas, as the ``Benny C. Martinez 
                        Post Office Building''.
```
**Exhibit 31.2**

 

I, Kevin S.Noland, certify that:

 

1. I have reviewed this annual report onForm 10-KSB of A.D.A.M., Inc.;

 

2. Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3. Based on my knowledge, the financial statements, andother financial information included in this report fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in the annual report;

 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrantand we have:

 

a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervisory to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b) [Paragraph omitted pursuant to SEC Release Nos. 33-8238and 34-47986]

 

c) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation;

 

d) Disclosed in this annual report any change in theregistrant’s internal control over financial reporting that occurred during theperiod covered by this annual report that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and material weaknesses  in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 
| Date: March 29,  2005 | By:    | /s/  Kevin S. Noland                                                               |
|----------------------------|--------|----------------------------------------------------------------------------------------------|
|                       |   | *Chief Operating Officer and President  (acting principal financial and accounting officer)* |

 

1

----
#### Eleanor Clausen HOWELL v. STATE of Mississippi

No. 50377.

Supreme Court of Mississippi.

June 14, 1978.

John E. Shaw, Kosciusko, for appellant.

A. F. Summer, Atty. Gen., by Carolyn B. Mills, Sp. Asst. Atty. Gen., Jackson, for appellee.

Appeal from Circuit Court, Attala County; Clarence E. Morgan, Jr., Judge.

Before ROBERTSON, P. J., SUGG and BROOM, JJ., and FLOYD J. LOGAN, Commissioner.

Affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          11,913
<SECURITIES>                                         0
<RECEIVABLES>                                3,873,217
<ALLOWANCES>                                   227,168
<INVENTORY>                                 11,323,872
<CURRENT-ASSETS>                            15,596,379
<PP&E>                                       8,753,543
<DEPRECIATION>                               7,075,619
<TOTAL-ASSETS>                              19,806,223
<CURRENT-LIABILITIES>                        7,379,880
<BONDS>                                      1,823,958
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,779,730
<OTHER-SE>                                   6,822,655
<TOTAL-LIABILITY-AND-EQUITY>                19,806,223
<SALES>                                      3,850,881
<TOTAL-REVENUES>                             3,850,881
<CGS>                                        2,550,840
<TOTAL-COSTS>                                2,550,840
<OTHER-EXPENSES>                             1,376,031
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             108,933
<INCOME-PRETAX>                              (184,923)
<INCOME-TAX>                                    70,270
<INCOME-CONTINUING>                          (114,653)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (114,653)
<EPS-PRIMARY>                                   (0.07)
<EPS-DILUTED>                                   (0.07)
        

</TABLE>
Exhibit 32(a)


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

In connection with the Quarterly Report of Dataram Corporation, a New Jersey
corporation (the "Company"), on Form 10-Q for the quarter ended January 31,
2010, as filed with the Securities and Exchange Commission (the "Report"),
John H. Freeman, Chief Executive Officer of the Company, does hereby
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. Section 1350), that to 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 result of operations of the
Company.



March 16, 2010                      /s/ John H. Freeman
                                   _____________________________________
                                   John H. Freeman
                                   President and Chief Executive Officer

[A signed original of this written statement required by Section 906 has
been provided to Dataram Corporation and will be retained by Dataram
Corporation and furnished to the Securities and Exchange Commission or its
staff upon
#### Howard SLIGAR and Georgia Lee Silgar, his wife, Petitioners, v. Joseph B. TUCKER, M.D., and Broadus F. Sowell, M.D., et al., Respondents.

No. 43039.

Supreme Court of Florida.

Dec. 20, 1972.

Certiorari denied. 267 So.2d 54.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.
[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Page 67736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33967]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 260

[FRL 5942-5]


Withdrawal of Direct Final Rule for Project XL Site-Specific 
Rulemaking for Molex, Inc., 700 Kingbird Road Facility, Lincoln, NE

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: Due to adverse comment, EPA is withdrawing the direct final 
rule for the Project XL Site-Specific Rulemaking for Molex, Inc., 700 
Kingbird Road Facility, Lincoln, NE. EPA published the direct final 
rule on November 3, 1997 at 62 FR 59287-59290. As stated in the Federal 
Register document, if adverse or critical comments were received by 
December 3, 1997 the effective date would be delayed and notice would 
be published in the Federal Register. EPA subsequently received adverse 
comments on that direct final rule.
    EPA will address the comments received in the companion proposal 
which was published in the November 3, 1997 Federal Register at 62 FR 
59332-59334. EPA will not institute a second comment period.

DATES: The direct final rule published at 62 FR 59287-59290 is 
withdrawn as of December 30, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. David Doyle, U.S. Environmental Protection Agency, Region VII, Air, 
RCRA & Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101, 
(913) 551-7667.

List of Subjects in 40 CFR Part 260

    Environmental protection, Hazardous waste, Treatment storage and 
disposal facility, Waste determination.

    Dated: December 19, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-33967 Filed 12-29-97; 8:45 am]
BILLING CODE 6560-50-M
Exhibit 23.2




            CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS




We have issued our report dated February 22, 2002, accompanying the consolidated
financial statements included in the Annual Report of Bradley Pharmaceuticals,
Inc. and subsidiaries on Form 10-KSB for the year ended December 31, 2001.  We
hereby consent to the incorporation by reference of said report in the
Registration Statements of Bradley Pharmaceuticals, Inc. on Form S-3 (No.
333-75997), Form S-3 (No. 333-74724), Form S-8 (No. 333-75382) and (No.
333-60879) on Form SB-2.





GRANT THORNTON LLP



New York, New York
March 25, 2002
#### STATE of Florida ex rel. Joseph N. ATKINS, Relator, v. E. Wilson PURDY, Sheriff of Metropolitan Dade County, Florida, Respondent.

No. 71-222.

District Court of Appeal of Florida, Third District.

March 18, 1971.

PER CURIAM.

Habeas corpus dismissed.
#### Texas CROSS, Petitioner, v. DICKERSON, INC., Security Insurance Group and Florida Industrial Com., Respondents.

No. 37961.

Supreme Court of Florida.

May 21, 1969.

Larry Klein, of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for petitioner.

Shelton Clyatt, Jr., West Palm Beach, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.

PER CURIAM.

By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission hearing date October 17, 1968. Our consideration of the petitions, the record and briefs, and oral argument having been heard, leads us to conclude that the petitions for certiorari and attorney’s fee should be and they are hereby denied.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.