alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The HOUSING AUTHORITY OF the CITY OF GULFPORT v. J. G. BARBEE, III.

No. 47175.

Supreme Court of Mississippi.

Oct. 1, 1973.

Eaton Cottrell, Galloway & Lang, Gulf-port, for appellant.

Dale & Upton, Columbia, for appellee.

ON MOTION FOR 5% DAMAGES ON AFFIRMANCE

ROBERTSON, Justice:

The Motion of J. G. Barbee, III, Ap-pellee and Cross-Appellant, to assess 5% Damages against the Housing Authority of the City of Gulfport, Mississippi, Appellant and Cross-Appellee, is sustained to this extent:

5% damages will be calculated on $7,-625.00, the difference between the $20,000.-00 judgment and $12,375.00 which was paid to Barbee by the Housing Authority on June 15, 1972.

The stipulation, which was attached to the Order for Disbursement, provides in part:

> “It is further agreed that interest on the said sum of $12,375.00 shall cease to run, and any damages based upon the verdict of the County Court shall cease to run as to that percentage of the damages represented by this sum to be withdrawn, both ceasing as of the date of withdrawal of the said sum

The pertinent portion of Section 1971, Mississippi Code 1942 Annotated (1956), provides:

> *“In case the judgment or decree of the court below be affirmed,*or the appellant fail to prosecute his appeal to effect *the Supreme Court shall render judgment against the appellant for damages,*at the rate of five per centum and costs, as follows: If the judgment or decree affirmed be for a sum of money, the damages shall be upon such sum.” (Emphasis added).

*592Even though the Housing Authority and Barbee both were dissatisfied with the $20,-000 judgment, the Housing Authority first took advantage of the appellate process and initiated an appeal. Barbee later cross-appealed. The judgment of the court below was affirmed without change, 279 So.2d 604; this case fits squarely within the terms of the statute. The statute provides: “ . . . the Supreme Court *shall*render judgment against the appellant for damages, . . .” We must comply with the mandate of the law.

The litigant who first initiates an appeal was construed by us in Pearce v. Ford Motor Company, 235 So.2d 281 (Miss.1970) to be the appellant referred to in Section 1971 against whom damages are to be assessed upon affirmance without change of the lower court’s judgment.

The Motion to Assess Damages is, therefore, sustained and 5% damages will be calculated on $7,625.00.

All Justices concur.
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 The Banker's Store, Inc. (the "Company") on Form 10- KSB for the fiscal year  ended May 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Cynthia A. Hayden, President of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on my knowledge:



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



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



|                      |     |                            
|--------------------- | --- | ---------------------------
|                      |     |                            
|                      |     |                            
|Date: August 29, 2008 | By: | /s/ Cynthia A. Hayden      
|                      |     | Cynthia A. Hayden
President
#### Willard WINNETT, as Chief of Police of Cape Canaveral, Florida, and the City of Cape Canaveral, Florida, Appellants, v. Don D. CLAYTON, Appellee. Willard WINNETT, as Chief of Police of Cape Canaveral, Florida, and the City of Cape Canaveral, Florida, Appellants, v. Adele Colton McGRATH, Appellee. Willard WINNETT, as Chief of Police of Cape Canaveral, Florida, and the City of Cape Canaveral, Florida, Appellants, v. Steve McGRATH, Appellee.

Nos. 903, 904, 905.

District Court of Appeal of Florida. Fourth District.

Feb. 1, 1967.

Appeals from Circuit Court, Brevard' County; Volie A. Williams, Judge.

Appeal dismissed.
# C_2014354EN.01001101.xml

| 8.10.2014 | EN | Official Journal of the European Union | C 354/11 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/11

---

Information communicated by Member States regarding closure of fisheries

(2014/C 354/10)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 10.9.2014 |
| --- | --- |
| Duration | 10.9.2014-31.12.2014 |
| Member State | Belgium |
| Stock or group of stocks | MAC/2A34. |
| Species | Mackerel (Scomber scombrus) |
| Zone | IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 |
| Type(s) of fishing vessels | — |
| Reference number | 40/TQ43 |

Date and time of closure

10.9.2014

Duration

10.9.2014-31.12.2014

Member State

Belgium

Stock or group of stocks

MAC/2A34.

Species

Mackerel (Scomber scombrus)

Scomber scombrus

Zone

IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

Type(s) of fishing vessels

—

Reference number

40/TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
#### GULF STATES UTILITIES CO. v. LOUISIANA PUBLIC SERVICE COMMISSION.

No. 60850.

Supreme Court of Louisiana.

Oct. 26, 1977.

In re: Louisiana Public Service Commission, applying for supervisory writ of review and for a stay.

Writ denied: Inadequate showing for supervisory review. The applicant’s remedy by appeal from final judgment may adequately protect the ratepayers, should the *1216trial court have erred in its interlocutory ruling.
EXHIBIT 32

SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of
Naugatuck Valley Financial Corporation (the “Company”) on Form 10-Q for the period ended March 31, 2012, as filed
with the Securities and Exchange Commission (the "Report"), I, William C. Calderara, President and
Chief Executive Officer of the Company, and I, Thomas Van Lenten, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as added by 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 as of the date and for the
period covered by the Report.



|/s/ William C. Calderara              | 
|------------------------------------- | 
|William C. Calderara                  | 
|President and Chief Executive Officer | 
|(principal executive officer)         | 
|                                      | 
|/s/ Thomas Van Lenten                 | 
|Thomas Van Lenten                     | 
|Chief Financial Officer               | 
|                                      | 
|Date: November 28, 2012               |
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY>   U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-1997  
<PERIOD-START>                             JUN-01-1996  
<PERIOD-END>                               AUG-31-1996  
<EXCHANGE-RATE>                                      1
<CASH>                                           4,507
<SECURITIES>                                         0
<RECEIVABLES>                                   32,868
<ALLOWANCES>                                         0
<INVENTORY>                                     31,239
<CURRENT-ASSETS>                                70,914      
<PP&E>                                          11,798     
<DEPRECIATION>                                       0   
<TOTAL-ASSETS>                                 106,623     
<CURRENT-LIABILITIES>                           39,289   
<BONDS>                                              0 
<COMMON>                                             1
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      64,388      
<TOTAL-LIABILITY-AND-EQUITY>                   106,623        
<SALES>                                         38,059         
<TOTAL-REVENUES>                                39,728         
<CGS>                                           25,782         
<TOTAL-COSTS>                                   36,368         
<OTHER-EXPENSES>                                   445      
<LOSS-PROVISION>                                     0     
<INTEREST-EXPENSE>                                  78      
<INCOME-PRETAX>                                  2,915      
<INCOME-TAX>                                     1,063     
<INCOME-CONTINUING>                              1,852     
<DISCONTINUED>                                       0 
<EXTRAORDINARY>                                      0     
<CHANGES>                                            0 
<NET-INCOME>                                     4,038
<EPS-PRIMARY>                                      .36
<EPS-DILUTED>                                        0
        
                                  


</TABLE>
**Part I, Section B, Item 2(e) Chemical Structure Diagram TS**  **- C507**  **5 P**
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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 Quarterly Report of Dynamic Health Products, Inc. (the Company) on Form 10-QSB for the three months ended
September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Cani I. Shuman, 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:



| | (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/ Cani I. Shuman     
|Cani I. Shuman         
|Chief Financial Officer
|November 21, 2005
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           3,960
<SECURITIES>                                         0
<RECEIVABLES>                                   26,954
<ALLOWANCES>                                     8,391
<INVENTORY>                                     34,046
<CURRENT-ASSETS>                                64,490
<PP&E>                                          33,544
<DEPRECIATION>                                  22,572
<TOTAL-ASSETS>                                  97,094
<CURRENT-LIABILITIES>                          133,369
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                    (36,322)
<TOTAL-LIABILITY-AND-EQUITY>                    97,094
<SALES>                                        171,487
<TOTAL-REVENUES>                               171,487
<CGS>                                          103,274
<TOTAL-COSTS>                                  103,274
<OTHER-EXPENSES>                               158,593
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,213
<INCOME-PRETAX>                              (101,593)
<INCOME-TAX>                                     5,044
<INCOME-CONTINUING>                          (106,637)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (106,637)
<EPS-BASIC>                                    (44.79)
<EPS-DILUTED>                                  (44,79)


</TABLE>
#### Linnus HARRISON, Appellant, v. STATE of Florida, Appellee.

No. 1242.

District Court of Appeal of Florida. Fourth District.

Jan. 16, 1968.

W. D. Frederick, Jr., Public Defender, and William B. Barnett, Asst. Public Defender, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Fred T. Gallagher, Asst. Atty. Gen., Vero Beach, for appellee.

PER CURIAM.

Affirmed on the authority of Montalvo v. State, Fla.App.1963, 154 So.2d 713; McCullers v. State, Fla.App.1962, 143 So.2d 909; Chaudoin v. State, Fla.App.1960, 118 So.2d 569. 2 Maloy, Florida Appellate Practice and Procedure § 39.02 at 195.

CROSS, McCAIN and REED, JJ., concur.
Certification of CEO Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


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

      In connection with the annual report of DataMetrics Corporation (the
"Company") on Form 10-KSB for the period ending October 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Daniel
Bertram, Chief Executive Officer of the Company, does hereby certify, pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that to my
knowledge:

            (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 Company.

DATAMETRICS CORPORATION


By:    /s/ Daniel Bertram
       ------------------------------
       Daniel Bertram, CEO
Dated: July 6, 2006
#### Cesaro VENTRIERE, Petitioner, v. STATE of Florida, County of Dade, Respondent.

No. 70-978.

District Court of Appeal of Florida, Third District.

Dec. 15, 1970.

PER CURIAM.

Certiorari denied.
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#### Mae Dell DENNARD Application to Become a Free Dealer.

No. 38389.

Supreme Court of Florida.

March 1970.

Appeal dismissed without opinion.
#### Marvin Lee HILL, Appellant, v. STATE of Florida, Appellee.

No. 71-401.

District Court of Appeal of Florida, Fourth District.

June 3, 1971.

Appeal from Court of Record, Brevard County; Joe A. Cowart, Jr., Judge.

Appeal quashed.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, October 01, 2015.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, October 01, 2015

The Court of Appeals hereby passes the following order

A16A0102. KENNETH RAY EVANS v. TRINITY SERVICES GROUP, INC. et al..

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

12 KA 10-01772 PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

TIMOTHY WOOD, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NICOLE M. FANTIGROSSI OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered February 16, 2010. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [3]), defendant contends that Supreme Court violated CPL 530.13 (former [4] [a]) by issuing an order of protection in favor of a person who was neither a victim of nor a witness to the crime of which he was convicted. Defendant failed to preserve his contention for our review ( see People v Nieves , 2 NY3d 310, 316-317; People v Brown , 96 AD3d 1561, 1563, lv denied 19 NY3d 1024; People v Kulyeshie , 71 AD3d 1478, 1479, lv denied 14 NY3d 889), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]). Contrary to defendant’s further contention, this case does not fall within the “ ‘narrow exception to the preservation rule’ . . . where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record” ( Nieves , 2 NY3d at 315).

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
#### Robert Wesley FOWLER v. L. L. WAINWRIGHT.

No. 38982.

Supreme Court of Florida.

Feb. 1970.

Habeas Corpus denied without opinion.
**Exhibit23**

 

[Letterhead]

 
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CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

Weconsent to the incorporation by reference in Registration Statement Nos.333-86790 and 333-108705 of John Deere Capital Corporation and subsidiaries onForm S-3 of our report dated December 17, 2004, appearing in the Annual Reporton Form 10-K of John Deere Capital Corporation and subsidiaries for the yearended October 31, 2004, and to the reference to us under the heading “Experts”in the Prospectus, which is part of such Registration Statements.

 

 

DELOITTE& TOUCHE LLP

Chicago,Illinois

 

December17, 2004

 

----
#### In the Matter of Kariem L., a Person Alleged to be a Juvenile Delinquent, Appellant.

[737 NYS2d 35]

Order of disposition, Family Court, Bronx County (Clark Richardson, J.), entered on or about January 28, 2000, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted criminal sale of a controlled substance in the third degree, burglary in the second degree and assault in the second degree, and placed him with the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence established that appellant offered to sell heroin to the undercover officer, and that appellant had a quantity of glassine envelopes of heroin to sell, as observed by the undercover officer, although appellant managed to dispose of the drugs during a chase *(see, People v Samuels,*282 AD2d 102, 106-108, *lv granted*96 NY2d 909). The credible evidence also established the remaining charges. We have considered and rejected appellant’s remaining claims. Concur — Williams, J.P., Mazzarelli, Rosenberger, Wallach and Lerner, JJ.