alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 13718 

IN THE SUPREbE COURT OF THE STATE OF MONTANA 

IN RE: THE MATTER OF HERBERT MILLER. 

Appeal from: District Court of the Third Judicial District, 

Honorable Robert Boyd, Judge presiding. 

Counsel of Record: 

For Appellant: 

James Dorr Johnson argued, Warm Springs, Montana 

Steven Bunch, Helena, Montana 

For Respondent: 

Mark P.Sullivan argued, Butte, Montana 

Nick A. Rotering, Helena, Montana 

~iled: 

DEC 22 1977 

Submitted: November 28, 1977 

?cr 2~ . - Decided: -iu . 
Mr. Justice John Conway Harrison delivered the Opinion of the 

Court. 

This appeal results from proceedings pursuant to section 

38-1312, R.C.M. 1947. The district court, Deer Lodge County, 

the Hon. Robert Boyd presiding, found Herbert Miller to be 

seriously mentally ill and ordered an extension of his commitment period at Warm Springs State Hospital for six additional 

months. 

Miller was first committed to Warm Springs in 1956. The 

. reason for admission was given as acharge of homicide. Miller 

was last committed to Warm Springs by court order on January 9, 

1957. 

Section 38-1312, R.C.M. 1947, requires that any person 

who, by reason of a judicial decree, was adjudged mentally ill 

prior to the enactment of Title 38, Chapter 13, shall, within 

one year following the effective date of the act be released, 

unless a petition for an extended detention order is filed. 

The required petition was filed by Warm Springs staff 

psychologist Katherine Gallagher on June 29, 1976. Miller had 

been under the care and supervision of psychologist Gallagher 

prior to the filing of the petition. The petition was accompanied by a written report and evaluation of his mental and 

physical condition as required by section 38-1306(6) (now 38- 

1306(3), by 1977 amendment), R.C.M. 1947, compiled by psychologist Gallagher. 

Upon application of counsel for Miller, Judge Boyd appointed 

Dr. Ben Peters, a psychia trist from Anaconda, Montana, to independently evaluate him. The hearing pursuant to the petition was 
held on December 3, 1976. Psychologist Gallagher was the sole 

witness to testify. At the beginning of the hearing, counsel 

for Miller moved to strike the psychologist' report from the 

court file on the grounds it constituted hearsay evidence. The 

District Court denied the motion. Counsel additionally asserted 

the psychologist/patient privilege under section 66-3212, R.C.M. 

1947, as a bar to the testimony of psychologist Gallagher. That 

motion was likewise denied. 

At the conclusion of the hearing, the District Court concluded Miller was "seriously mentally ill" and ordered his 

detention at Warm Springs be extended for an additional six 

months, Miller appeals. \ 

The issues raised and arguments advanced on appeal by 

Miller are identical to those considered in the companion case 

In the Matter of Curtis Sonsteng (this Court's No. 13719, 

decided December , , 1977), and reference is made thereto. 

We find no need to repeat our prior holdings and discussion of 

the relevant procedures and legal principles as found in Sonsteng. 

The order of the District Court is affirmed. 

We Concur: 

Justices.
#### Joseph M. RETCHO, Appellant, v. STATE of Florida, Appellee.

No. 72-1090.

District Court of Appeal of Florida, Fourth District.

Dec. 28, 1973.

PER CURIAM.

Affirmed.
Exhibit 12   American General Finance, Inc. and Subsidiaries Computation of Ratio of Earnings to Fixed Charges    Years Ended December 31,(dollars in thousands)20092008200720062005Earnings:
(Loss) income before provision
for income taxes$ (909,190)$  (950,693)$   142,043$   638,621$   820,317Interest expense1,091,1631,254,0941,257,1881,175,210884,971Implicit interest in rents19,73827,09321,83320,63119,314Total earnings$   201,711$   330,494$1,421,064$1,834,462$1,724,602Fixed charges:
Interest expense$1,091,163$1,254,094$1,257,188$1,175,210$   884,971Implicit interest in rents19,73827,09321,83320,63119,314Total fixed charges$1,110,901$1,281,187$1,279,021$1,195,841$   904,285Ratio of earnings to fixed
charges*0.180.261.111.531.91  * Earnings were inadequate to cover total fixed charges by $909.2 million in 2009 and $950.7 million in 2008.   166
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 50545 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

MICHAEL REISNER

,

Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:18

- CR

- 215

- 1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Michael Reisner has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California

, 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).

Reisner h a s not filed a response. We have reviewed counsel’s brief and the

re levant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 6, 2020
Lyle W. Cayce Clerk Case: 19-50545 Document: 00515372707 Page: 1 Date Filed: 04/06/2020No. 19

- 50545

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is
excused from further resp onsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 19-50545 Document: 00515372707 Page: 2 Date Filed: 04/06/2020
**Exhibit
      32-1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**


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




In
      connection with the Quarterly Report of MangoSoft, Inc. and Subsidiary (the
      “Company”) on Form 10-QSB for the three months ended March 31, 2008, as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Dale Vincent, Chief Executive Officer of the Company, certify, pursuant
      to 18
      U.S.C. Section 1350, as adopted by 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.





By:
            
            /s/
                Dale VincentChief Executive Officer (principal executive and financial officer)May
                15, 2008




This
      certification is made solely for purpose of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard contained therein, and not for any other purpose.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Detective George Schilter and Shriners Hospitals for Children v.

Cadence Bank, N.A.

Appellate case number: 01

- 22

- 00317

- CV

Trial court case number: 442,669

Trial court: Probate Court No 3 of Harris County

On November 7, 2 022, Appellants Detective George Schilter , Independent E xecutor of

the Estate of Kathrin Gvadia, Deceased, a n d S h r i n e r s H o s p i t a l s f o r C h i l d r e n a n d A p p e l l e e

Z a c h a r y T. Dixon filed a Joint Motion to Abate A p peal Pen ding Mediation. The parties seek a

seven

- month abatement until M ay 2023 so they can “ con duct more discovery and attend

mediation again. ” The motion has been pending for mo re than ten days and Appellee Cadence

Bank, N.A. did not file an o pposition to the motion. 1 This case previously was abated from June

23, 2022 to September 8, 2022 to allow the parties to att end their first mediation , which occurred

on July 20, 2022

.

We grant the motion in part. The app ea l is abated, treated as a closed case, an d removed

from this Court ’ s active docket for ninety days from the date of this order . The parties are

o rdered to su bmit a status report to the Court within ninety da ys of the date of this order , at

which time the Court will determine whether to continue the abatement or reinstate the case on

its active docket.

It is so ORDERED.

Judge’s signature: /s/ Veronica Rivas

- Mo lloy

Acting individually

Date: December 1, 2022

1 The motion s t ates that Appellee Cadence Bank does not oppose the aba tement.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          13,213
<SECURITIES>                                         0
<RECEIVABLES>                                6,782,081
<ALLOWANCES>                                   200,000
<INVENTORY>                                  8,453,703
<CURRENT-ASSETS>                            15,276,180
<PP&E>                                       8,698,679
<DEPRECIATION>                               6,900,364
<TOTAL-ASSETS>                              19,564,827
<CURRENT-LIABILITIES>                        6,528,097
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    11,065,774
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                19,564,827
<SALES>                                     23,060,724
<TOTAL-REVENUES>                            23,060,724
<CGS>                                       18,404,790
<TOTAL-COSTS>                                4,445,901
<OTHER-EXPENSES>                               497,230
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             820,090
<INCOME-PRETAX>                            (1,107,287)
<INCOME-TAX>                                 (417,102)
<INCOME-CONTINUING>                          (690,185)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (690,185)
<EPS-PRIMARY>                                    (.54)
<EPS-DILUTED>                                    (.54)
        

</TABLE>
# Technical Documentation

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-1

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-2

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-3

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-4

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-5

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-6

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-7

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-8

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-9

Advance Report for Selected Characteristics for American Samoa (Island Area Level)	

# AS-10

Advance Report for Selected Characteristics for American Samoa (Island Area Level)
<TABLE> <S> <C>

  <ARTICLE>          5
  <FISCAL-YEAR-END>  DEC-31-1997
  <PERIOD-END>       DEC-31-1997
  <PERIOD-TYPE>      12-MOS
  <CAPTION>
  <PAGE>
  
             FINANCIAL DATA SCHEDULE
  Crown  Central Petroleum Corporation and  Subsidi
  aries
  (Thousands of dollars, except per share amounts)
  
  
                                      December 31
                                        1997
                                   --------------
                                    (Unaudited)
  
  <CASH>                                   (1,943)
  <SECURITIES>                             38,565
  <RECEIVABLES>                           103,267
  <ALLOWANCES>                                738
  <INVENTORY>                             109,279
  <CURRENT-ASSETS>                        254,346
  <PP&E>                                  635,063
  <DEPRECIATION>                          339,854
  <TOTAL-ASSETS>                          594,003
  <CURRENT-LIABILITIES>                   173,021
  <BONDS>                                 127,506
  <PREFERRED-MANDATORY>                         0
  <PREFERRED>                                   0
  <COMMON>                                 50,291
  <OTHER-SE>                              157,064
  <TOTAL-LIABILITY-AND-EQUITY>            594,003
  <SALES>                               1,602,624
  <TOTAL-REVENUES>                      1,602,624
  <CGS>                                 1,438,879
  <TOTAL-COSTS>                         1,438,879
  <OTHER-EXPENSES>                        121,102
  <LOSS-PROVISION>                           (266)
  <INTEREST-EXPENSE>                       14,168
  <INCOME-PRETAX>                          31,358
  <INCOME-TAX>                             12,123
  <INCOME-CONTINUING>                      19,235
  <DISCONTINUED>                                0
  <EXTRAORDINARY>                               0
  <CHANGES>                                     0
  <NET-INCOME>                             19,235
  <EPS-PRIMARY>                             (1.97)
  <EPS-DILUTED>                             (1.94)
  
  
  
</TABLE>
256 La. 892

#### STATE of Louisiana v. W. B. WELLS.

No. 50902.

Supreme Court of Louisiana.

Oct. 7, 1970.

In re: W. B. Wells applying for writs of certiorari, prohibition and mandamus.

Writ denied. Relator has an adequate remedy in the event of conviction.
I

103D CONGRESS

1ST SESSION H. R. 3092

To provide for the conveyance of real property located at the Naval Housing

Cabrillo Site, Long Beach, California, to the California State University,

Long Beach Foundation.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 15, 1993

Mr. TUCKER introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To provide for the conveyance of real property located at

the Naval Housing Cabrillo Site, Long Beach, California,

to the California State University, Long Beach Foundation.

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

3 SECTION 1. CONVEYANCE OF REAL PROPERTY, NAVAL

4 HOUSING CABRILLO SITE, LONG BEACH,

5 CALIFORNIA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 Defense shall convey, without reimbursement, to the Cali8 fornia State University, Long Beach Foundation (in this
2

•HR 3092 IH

1 section referred to as the ‘‘University’’), all right, title,

2 and interest of the United States in and to a parcel of

3 real property consisting of approximately 30 acres, includ4 ing improvements thereon, containing military family

5 housing units associated with the Long Beach Naval Sta6 tion, California, and known as the Naval Housing Cabrillo

7 Site.

8 (b) PURPOSE OF CONVEYANCE.—The purpose of the

9 conveyance required by subsection (a) is to permit the

10 University to include the conveyed property as part of the

11 Long Beach Research and Technology Park being devel12 oped by the University.

13 (c) PROHIBITION ON USE CONDITIONS.—The Sec14 retary shall not impose as part of the conveyance required

15 by subsection (a) any condition or restriction on the use

16 of the conveyed real property by the University.

17 (d) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the property to be conveyed under

19 subsection (a) shall be determined by the Secretary on the

20 basis of the educational public benefit transfer application

21 submitted by the University.

Æ
Exhibit
32.1




CERTIFICATION
PURSUANT TO




18
U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE


SARBANES-OXLEY
ACT OF 2002




In
connection with the Quarterly Report of Brooklyn Cheesecake & Desserts
Company, Inc. (the “Company”) on Form 10-Q for the period ended September 30,
2009, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Anthony J. Merante, President, Chief Executive Officer and
Chief Financial 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:





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





(ii)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Date:
November 13, 2009


/s/
      Anthony J. MeranteAnthony
      J. MerantePresident,
      Chief Executive Officer and Chief Financial
  Officer
#### Jessie McGOWAN, Jr. v. STATE of Mississippi.

No. 47396.

Supreme Court of Mississippi.

Oct. 8, 1973.

J. O. Hollis, Carthage, for appellant.

A. F. Summer, Atty. Gen. by Wayne Snuggs, Sp. Asst. Atty. Gen., Jackson, for appellee.

ROBERTSON, Justice:

Jessie McGowan, Jr., Alias Jessie Mc-Gown, J., was indicted, tried and convicted in the Circuit Court of Leake County of the murder of Dean Wilder, and was sentenced to life imprisonment in the State Penitentiary.

On the afternoon and night of November 3, 1972, the Defendant and Dean Wilder and others engaged in some heavy drinking of both beer and whiskey and that night the Defendant and Wilder, while both were apparently drunk, engaged in a brief fistfight. The testimony was that Wilder hit the Defendant twice with his fist but did not knock him down.

The next day, November 4th, about 11:30 A.M., Defendant approached Wilder as he was seated at a table with three others in J. W. Leflore’s Cafe in Carthage, Mississippi. The Defendant testified that he went in the Cafe to collect a $5.00 debt from R. C. Cook, who was sitting next to Wilder at the table. Four eyewitnesses to the shooting testified that Defendant only addressed Wilder and accused him of messing up his face the night before.

These four eyewitnesses testified that, without further ado, Defendant pulled a pistol and shot Dean Wilder while Wilder was still seated at the table with his hands on top of the table; that Wilder did not reach in his pocket or make any move toward his pocket; and that after shooting Wilder one time the Defendant left the Cafe. Wilder died soon after being taken to the hospital. The examining doctor testified that the cause of death was massive intra-abdominal bleeding from a gunshot wound.

We have carefully studied the assignment of errors and the argument of the appellant in support of each assignment of *599error. We find the assignments of error to be without merit, and on technicalities that this Court has ruled on time and time again adversely to the contentions of the appellant.

The testimony presents a clear case of murder, and the jury was justified in finding from the testimony that the defendant was guilty of murder beyond a reasonable doubt and to a moral certainty.

The conviction and sentence are affirmed.

Affirmed.

GILLESPIE, C. J., and PATTERSON, SMITH and SUGG, JJ., concur.
<PAGE>


                                                                     Exhibit 5.1


                                  [LETTERHEAD]




                               September 14, 2000







                                                            FILE NO. 029024-0000

JNI Corporation
9775 Towne Centre Drive
San Diego, California 92121

                  Re:      Form S-8 Registration Statement
                           -------------------------------

Ladies and Gentlemen:

                  In connection with the registration by JNI Corporation, a
Delaware corporation (the "Company"), of 1,400,000 shares of common stock, par
value $.001 per share (the "Shares"), of the Company to be issued pursuant to
the 2000 Non-Qualified Stock Option Plan of JNI Corporation (the "2000 Plan")
under the Securities Act of 1933, as amended (the "Act"), on a Registration
Statement on Form S-8 filed with the Securities and Exchange Commission on
September 14, 2000 (as amended from time to time, the "Registration Statement"),
you have requested our opinion with respect to the matters set forth below.

                  In our capacity as your counsel in connection with such
registration, we are familiar with the proceedings taken and proposed to be
taken by the Company in connection with the authorization, issuance and sale of
the Shares. In addition, we have made such legal and factual examinations and
inquiries, including an examination of originals or copies certified or
otherwise identified to our satisfaction of such documents, corporate records
and instruments, as we have deemed necessary or appropriate for purposes of this
opinion.

                  In our examination, we have assumed the genuineness of all
signatures, the authenticity of all documents submitted to us as originals, and
the conformity to authentic original documents of all documents submitted to us
as copies.


<PAGE>


LATHAM & WATKINS

JNI Corporation
September 14, 2000
Page 2


                  We are opining herein as to the effect on the subject
transaction only of the General Corporation Law of the State of Delaware,
including statutory and reported decisional law thereunder, and we express no
opinion with respect to the applicability thereto, or the effect thereon, of any
other laws, or as to any matters of municipal law or the law of any other local
agencies within the state.

                  Subject to the foregoing, it is our opinion that as of the
date hereof the Shares have been duly authorized, and, upon the issuance of and
payment for the Shares in accordance with the terms set forth in the 2000 Plan,
the Shares will be validly issued, fully paid and nonassessable.

                  We consent to your filing this opinion as an exhibit to the
Registration Statement.


                                Very truly yours,

                                /s/ LATHAM & WATKINS