alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued July 22 , 2021

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01
- 20
- 00730
- CV

——————————— IN RE FELEXSON KASEGWE AND LANDSTAR RANGER, INC. , Relat or s

Original Proceeding on Petition for Writ of Mandamus

MEMORANDU M OPINION Relators, Felexson Kasegwe and Landstar Ranger, Inc., have filed an unopposed motion to dismiss this original proceeding for writ of mandamus. 1
Relators aver that their mandamus petition is moot because the trial court recently

1 The underlying case is Enrique Rodriguez v. Felexson Kasegwe, Noah Allen, Landstar, Inc., and VM Readymix, LLC , cause number 2019

- 56215 , pending in the 157th District Court of Harris County, Texas, the Honorable Tanya Garrison presiding.2

signed an order granting reconsideration and vacatin g the challenged order. Accordingly, w e grant the motion and dismiss this original proceeding.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Landau and Countiss.
Exhibit
32.1.1
 
 **Certification
of Chief Executive Officer and Chief Financial Officer**
 **pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to**
 **Section
906 of the Sarbanes-Oxley Act of 2002**
 
 Securities
and Exchange Commission
 Washington,
DC
 
 The
undersigned Chief Executive Officer and Chief Financial Officer of Shells
Seafood Restaurants, Inc. do hereby certify pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
Amendment No. 1 to the Annual Report of Shells Seafood Restaurants, Inc. on Form
10-K/A for the fiscal year ended January 2, 2005 fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
and the information contained in such Amendment No. 1 to the Annual Report on
Form 10-K/A fairly presents, in all material respects, the financial condition
and results of operations of Shells Seafood Restaurants, Inc.
 
 A signed
original of this written statement required by Section 906 has been provided to
Shells Seafood Restaurants, Inc. and will be retained by Shells Seafood
Restaurants, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
 
 /s/
LESLIE J. CHRISTON
 President
and Chief Executive Officer
 May 2,
2005
 
 /s/
WARREN R. NELSON
 Executive
Vice President and Chief Financial Officer
 May 2,
2005
EXHIBIT 11.1



Statement Regarding Computation of Per Share Earnings



Page 31



---

Computation of Earnings Per Share



The following formula was used to calculate the earnings per share, Consolidated Statements
of Income for the three and nine months ended September 30, 2005 and 2004, included in this report as Exhibit 13.3.



Earnings Per Share



Net Income / Weighted average shares of common stock outstanding for the period



|                                    |      |                                  |           |      |   |          
|----------------------------------- | ---- | -------------------------------- | --------- | ---- | - | ---------
|                                    |      | Three months ended September 30,
|                                    | 2005 |                                  | 2004     
|Weighted Average Shares Outstanding |      |                                  | 1,528,443 |      |   | 1,528,443
|Net Income                          |      | $                                | 613,555   |      | $ | 707,973  
|Per Share Amount                    |      | $                                | 0.40      |      | $ | 0.46     
|                                    |     
|                                    |      | Nine months ended September 30, 
|                                    |      | 2005                             |           | 2004
|Weighted Average Shares Outstanding |      |                                  | 1,528,443 |      |   | 1,528,443
|Net Income                          |      | $                                | 1,670,067 |      | $ | 1,992,292
|Per Share Amount                    |      | $                                | 1.09      |      | $ | 1.30     



No
common stock equivalents exist.



Page 32
#### Alphonso MIMS, Appellant, v. STATE of Florida, Appellee.

No. 2180.

District Court of Appeal of Florida, Fourth District.

Oct. 21, 1970.

Sam E. Murrell, Jr., of Sam E. Murrell & Sons, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and John Paul Jones, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.
<PAGE>
                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of First Union Real Estate
Equity and Mortgage Investments (the "Trust") on Form 10-Q for the quarterly
period ended March 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), the undersigned, in the capacities
and on the date indicated below, hereby certifies 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 and 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 Trust.

Date:  May 15, 2003                              /s/  Neil H. Koenig
                                                 -------------------------------
                                                 Neil H. Koenig
                                                 Principal Executive Officer and
                                                 Interim Chief Financial Officer
JAMES R. GUTHRIE

PRESIDENT, NARC

“Lawyers are ones who write a 

10,000 word document and call 

it a brief.”

...Franz Kafka


NARC

CARU

NARB

NAD
JAMES R. GUTHRIE

PRESIDENT, NARC
“Know the Consumer”
LOYALTY

TRUST

TRUTH/ACCURACY
CRM
TRUSTMARK

NAD CARU
ADVERTISING
LOYALTY

TRUST

TRUTH/ACCURACY

Dog for sale: Eats anything and is 

fond of children. 
NAD
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         913,201
<INT-BEARING-DEPOSITS>                         244,398
<FED-FUNDS-SOLD>                                20,269
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     14,738,274
<ALLOWANCE>                                    255,776
<TOTAL-ASSETS>                              21,470,644
<DEPOSITS>                                  17,111,766
<SHORT-TERM>                                 1,689,646
<LIABILITIES-OTHER>                            315,660
<LONG-TERM>                                    617,091
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       587,193
<OTHER-SE>                                   1,149,288
<TOTAL-LIABILITIES-AND-EQUITY>              21,470,644
<INTEREST-LOAN>                                325,277
<INTEREST-INVEST>                               70,645
<INTEREST-OTHER>                                 2,604
<INTEREST-TOTAL>                               398,526
<INTEREST-DEPOSIT>                             143,335
<INTEREST-EXPENSE>                              34,628
<INTEREST-INCOME-NET>                          200,563
<LOAN-LOSSES>                                   22,816
<SECURITIES-GAINS>                               (581)
<EXPENSE-OTHER>                                205,676
<INCOME-PRETAX>                                119,114
<INCOME-PRE-EXTRAORDINARY>                      79,425
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    79,425
<EPS-PRIMARY>                                     1.32
<EPS-DILUTED>                                     1.32
<YIELD-ACTUAL>                                    4.66
<LOANS-NON>                                     82,173
<LOANS-PAST>                                    24,574
<LOANS-TROUBLED>                                 6,304
<LOANS-PROBLEM>                                 40,322
<ALLOWANCE-OPEN>                               252,846
<CHARGE-OFFS>                                   33,361
<RECOVERIES>                                    13,475
<ALLOWANCE-CLOSE>                              255,776
<ALLOWANCE-DOMESTIC>                           255,776
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### FORT LAUDERDALE TRANSFER, INC., Appellant, v. ANCHORAGE YACHT HAVEN, INC., a Florida corporation, et al., Appellees.

No. 73-77.

District Court of Appeal of Florida, Fourth District.

April 9, 1973.

PER CURIAM'.

Affirmed.
LetsGoCable

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rmination.
259 La. 688

#### STATE of Louisiana ex rel. Walter BRIDGES v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

No. 51683.

Supreme Court of Louisiana.

Aug. 17, 1971.

In re: Walter Bridges applying for writ of habeas corpus.

Writ denied. On the basis of the eviden-tiary hearing, the trial court’s denial of habeas corpus was correct.
#### NAUTA-LINE DIVISION GLASTRON BOAT CO., Appellant, v. Robert L. TERRY, Appellee.

No. 71-87.

District Court of Appeal of Florida, Fourth District.

July 22, 1971.

Carey A. Randall, of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellant.

G. E. Hartwig, Fort Lauderdale, for ap-pellee.

PER CURIAM.

Defendant-Nauta Line, appeals from an adverse judgment in a breach of warranty action. We affirm.

Plaintiff purchased a 34 foot houseboat from defendant. After hiring an experienced captain and making several short trips, he embarked on a journey to Free-port, 55 miles distant. After several hours, the boat began taking on water. There was testimony that water was spraying into the boat from a crack in the hull. The boat sank.

This appeal primarily concerns the sufficiency of the evidence to support the jury verdict against the manufacturers. We have examined the record and decided the issue contrary to appellant. The jury drew reasonable inferences from the evidence presented.

Affirmed.

WALDEN and CROSS, JJ., and ADAMS, ALTO, Associate Judge, concur.
#### STATE BEVERAGE DEPARTMENT of Florida, Appellant, v. MOTHER & SONS, INC., Appellee.

No. 69-435.

District Court of Appeal of Florida. Third District.

Sept. 15, 1969.

PER CURIAM.

Appeal dismissed.
#### IMPERIAL TRADING COMPANY, Inc. v. CRESCENT CITY RESTAURANTS, INC., et al.

No. 3654.

Court of Appeal of Louisiana. Fourth Circuit.

Jan. 12, 1970.

Rehearing Denied Feb. 2, 1970.

McGinity & McNamara, Richard J. Mc-Ginity, Jr., New Orleans, for Lee R. Leonard, defendant-appellant.

Morphy & Freeman, A. D. Freeman, Jr., New Orleans, for plaintiffs-appellees.

Before SAMUEL, REDMANN, and DOMENGEAUX, JJ.

REDMANN, Judge.

Lee R. Leonard appeals a judgment holding him liable to the payee of two promissory notes as an indorser.

Appellant’s unqualified signature appears on the reverse of the notes. He is therefore deemed to be an indorser, LSA-R.S. 7:63, and parol evidence is ordinarily inadmissible to show a contrary intent, Neosho Milling Co. v. Farmers’ Co-op. Warehouse Stock Co., 130 La. 949, 58 So. 825 (1912).

Appellant argues that the circumstance that the signature of the corporate maker on the face of the note was “by” appellant and another renders ambiguous appellant’s unqualified signature on the reverse. Appellant cites Associates Discount Corp. v. College Corner, Inc., 166 So.2d 524 (La.App.1964), as admitting parol when the intent of the parites is not clear from the instrument. In our opinion there is no lack of clarity in our case. Appellant’s signature as indorser is in no way indicated to be anything but a personal indorsement, unlike the College Corner case where the signature was followed by “Vice-Pres.” in each instance.

Nevertheless there was testimony by appellant that he did not intend to bind himself personally, but only to sign for the corporation. But this testimony does not explain why appellant would have indorsed the notes for the corporation, since they were not payable to the maker and did not require the maker’s indorsement. The corporation was newly created, and the obvious purpose of requiring the indorsements was to obtain the personal liability of the in-dorsers.

We find no error in the judgment appealed from, and it is therefore affirmed at appellant’s cost.

Affirmed.
[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Notices]
[Page 8311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4418]


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


DEPARTMENT OF VETERANS AFFAIRS

Advisory Committee on Prosthetics and Special-Disabilities 
Programs: Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 that a meeting of the Advisory Committee on Prosthetics and 
Special-Disabilities Programs will be held Tuesday and Wednesday, March 
11-12, 1997, at VA Headquarters, 810 Vermont Avenue, N.W., Washington, 
D.C. The meeting on March 11 will be held in Room 630 and the meeting 
on March 12 will be held in the Omar Bradley Conference Room, 10<SUP>th 
Floor. The March 11 session will convene at 8:00 a.m. and adjourn at 4 
p.m. and the March 12 session will convene at 9:00 a.m. and adjourn at 
12:00 noon. The meeting on March 11 will involve briefings by the 
National Program Directors of the Special-disabilities Programs 
regarding the status of their activities over the last six months, a 
status report on implementation of the Veterans' Health Care 
Eligibility Reform Act of 1996 as it pertains to the Benefits Package 
and the legislative requirement to maintain capacity to meet 
specialized needs of disabled veterans. The meeting on March 12 will 
consist of a joint meeting of the Advisory Committee on Prosthetics and 
special-Disabilities Programs and the Veterans Advisory Committee on 
Rehabilitation. The purpose of this meeting is to discuss program 
issues of mutual interest and concern.
    The purpose of the Advisory committee on Prosthetics and Special-
disabilities Program is to advise the Department on its prosthetic 
programs designed to provide state-of-the-art prosthetics and the 
associated rehabilitation research, development, and evaluation of such 
technology. The Advisory Committee also advises the Department on 
special disability programs which are defined as any program 
administered by the Secretary to serve veterans with spinal cord 
injury, blindness or vision impairment, loss of or loss of use of 
extremities, deafness or hearing impairment, or other serious 
incapacities in terms of daily life functions.
    The meeting is open to the public to the capacity of the room. For 
those wishing to attend, contact Kathy Pessagno, Veterans Health 
Administration (113), phone (202) 273-8512, Department of Veterans 
Affairs, 810 Vermont Avenue, N.W., Washington, D.C. 20420, prior to 
March 7, 1997.

    Dated: February 13, 1997.
Heyward Bannister,
Committee Management Officer.
[FR Doc. 97-4418 Filed 2-21-97; 8:45 am]
BILLING CODE 8320-01-M
263 La. 269

#### STATE of Louisiana v. John POLAND.

No. 49971.

Supreme Court of Louisiana.

Oct. 26, 1972.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Lee A. Hart-ley, Sp. Counsel, Sargent Pitcher, Jr., Dist. Atty., for plaintiff-appellee.

Scallan E. Walsh, Baton Rouge, for defendant-appellant.

PER CURIAM.

Defendant, John Poland, was convicted of murder (La.R.S. 14:30), and the death sentence imposed was affirmed by this Court. 255 La. 746, 232 So.2d 499 (1970).

Citing Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), following Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the United States Supreme Court vacated the judgment herein insofar as it left undisturbed the death penalty imposed and remanded this case to this Court for further proceedings. 408 U.S. 936, 92 S.Ct. 2862, 33 L.Ed.2d 754 (1972).

*222We construe the Mandate of the United States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605, 257 So.2d 121 (1971) and State v. Duplessis, 260 La. 644, 257 So.2d 135 (1971).

Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 19th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment.

Case remanded.
| Area Code/County           | Count |
|----------------------------|-------|
| 385  Utah                  | 1265  |
| 435  Utah                  | 4729  |
| 801  Utah                  | 19314 |
| Beaver Utah                | 34    |
| Box Elder Utah             | 569   |
| Cache Utah                 | 963   |
| Carbon Utah                | 293   |
| Daggett Utah               | 15    |
| Davis Utah                 | 4757  |
| Duchesne Utah              | 84    |
| Emery Utah                 | 105   |
| Garfield Utah              | 12    |
| Grand Utah                 | 123   |
| Iron Utah                  | 642   |
| Juab Utah                  | 54    |
| Kane Utah                  | 108   |
| Millard Utah               | 76    |
| Morgan Utah                | 89    |
| No Zip Code Reported, Utah | 244   |
| Piute Utah                 | 12    |
| Rich Utah                  | 7     |
| Salt Lake Utah             | 16521 |
| San Juan Utah              | 74    |
| Sanpete Utah               | 202   |
| Sevier Utah                | 113   |
| Summit Utah                | 819   |
| Tooele Utah                | 942   |
| Uintah Utah                | 131   |
| Utah Utah                  | 7018  |
| Wasatch Utah               | 391   |
| Washington Utah            | 2220  |
| Wayne Utah                 | 6     |
| Weber Utah                 | 4297  |
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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:     June 8, 2009
    
    /s/ CHARLES A. RATNER

Name: Charles A. RatnerTitle: President and Chief Executive Officer/s/ ROBERT G. OBRIEN

Name: Robert G. OBrienTitle: Executive Vice President andChief Financial Officer
<PAGE>



                                                                    Exhibit 32.1

                            CERTIFICATION PERSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C Section 1350, and accompanies the quarterly report on Form
10-Q for the quarter ended March 31, 2004, (the "Form 10-Q") of North Country
Financial Corporation (the "Issuer").

     I, C. James Bess, President and Chief Executive Officer of the Issuer,
     certify that:

     (1)  The Form 10-Q fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); and

     (2)  The information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operation of
          the Issuer.

/s/ C. James Bess
---------------------------------------
C. James Bess
President and Chief Executive Officer
(chief executive officer)
May 14, 2004
United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of Advertising Practices

August 28, 2020 

Via Electronic Mail (lbrett@bbbnp.org) 

Laura Brett, Esq. 

Vice President 

National Advertising Division 

112 Madison Avenue, 3rd Floor 

New York, NY 10016 

Re: Advertising by Matherson Organics, LLC d/b/a Vitamin Bounty for Elderberry 

Immune Support 

Dear Ms. Brett: 

The National Advertising Division recently referred to the Federal Trade Commission its 

Decision regarding advertising by Matherson Organics, LLC d/b/a Vitamin Bounty (“Vitamin 

Bounty”) for Elderberry Immune Support. We understand that as part of its self-monitoring 

inquiry, NAD reached out to the advertiser regarding implied claims about COVID-19. You 

advised us that despite several attempts to reach Vitamin Bounty, the advertiser failed to 

respond. Accordingly, you referred this matter to the Federal Trade Commission for our review. 

After we alerted Vitamin Bounty to NAD’s referral to the FTC, the company agreed to 

engage with NAD. We understand from recent communications with your staff that Vitamin 

Bounty has re-engaged with NAD. 

Accordingly, it appears no additional FTC action is warranted at this time. Our decision 

is not to be construed as a determination that a violation has not occurred. The Commission 

reserves the right to take such further action as the public interest may require. The FTC fully 

supports NAD’s self-regulatory process, and we sincerely appreciate your referral and the 

opportunity to continue to assist in supporting NAD. 

Very truly yours, 

Carolyn L. Hann 

Chief of Staff for Advertising Practices 

s/ Carolyn L. Hann
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 Annual Report of Klever Marketing,  Inc. on Form
10-KSB for the period ending December 31, 2005, as filed with the Securities and
Exchange  Commission  on the date  hereof  (the  "Report"),  I, D.  Paul  Smith,
C.F.O./Treasurer/Secretary  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 and belief:

         (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/    D. Paul Smith
--------------------------------------------------
D. Paul Smith
C.F.O., Secretary, Treasurer,
 (Principal Financial Officer)


April 28, 2006


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.