alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Milin Pharmacy, Inc., Doing Business as Vista Pharmacy, Respondent, v Cash Register Systems, Inc., et al., Appellants.

In an action, *inter alia,*to recover damages for fraud and negligent misrepresentation, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered June 21, 1989, as, upon reargument, determined that the causes of action sounding in fraud in the inducement and negligent misrepresentation asserted in the amended complaint should not have been dismissed and restored those causes of action.

Ordered that the order is modified, on the law, by deleting therefrom the provision reinstating the cause of action sounding in fraud in the inducement; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

In April 1984 the plaintiff purchased from the defendant Cash Register Systems, Inc., an Altos 580 computer, a printer, a modem, and a Dagar Universal Pharmacy Software Package to be used in its retail pharmaceutical business. This purchase was by way of a lease-purchase agreement. The plaintiff also entered into an equipment maintenance agreement with the defendant CRS Business Computers, Inc., for a one-year period which was to expire on July 31, 1986. In April 1986 the plaintiff began to experience problems with the computer system and later discovered that the computer system’s capacity for storing data had reached its limit. The defendants recommended that the plaintiff upgrade its system at an additional cost of $9,000. The plaintiff refused to expend any additional funds to upgrade a system that allegedly was not *687designed to meet the needs of its business, and, in September 1988 commenced this action, *inter alia,*to rescind the purchase agreement on the grounds of actual fraud and negligent misrepresentation.

The Supreme Court properly determined that the plaintiffs cause of action sounding in negligent misrepresentation is governed by a six-year Statute of Limitations and that it was therefore timely interposed *(see,*CPLR 213 [1]; *509 Sixth Ave. Corp. v New York City Tr. Auth.,*15 NY2d 48, 51-52; *International Prods. Co. v Erie R. R. Co.,*244 NY 331, *cert denied*275 US 527; *Pappas v Harrow Stores,*140 AD2d 501, 504).

However, the plaintiffs cause of action sounding in fraud cannot stand, since it does not sufficiently comply with the pleading requirements set forth in CPLR 3016 (b). Bare allegations that a seller has made false statements as to the quality of a product are insufficient to sustain such a cause of action *(see, Fitzpatrick, Jr. Constr. Corp. v County of Suffolk,*138 AD2d 446; *Gervasio v Di Napoli,*126 AD2d 514; *Burroughs Corp. v Datacap,*124 AD2d 622).

We pass upon no other issue. Mangano, P. J., Bracken, Brown and Balletta, JJ., concur.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 2284** 

In R e: BARBARA MICHELLE BUSH , Petitioner
.

**No. 11**  **- 1493** 

In R e: BARBARA MICHELLE BUSH , Petitioner.

On Petitions for Writ s of Mandamus
. ( 8:10

- cv - 02191

- A W; 8:10

- cv - 02953

- AW; 8:11

- cv - 00777

- AW; 8:11

- cv - 00960

- AW )

Submitted : June 30, 2011 Decided: July 14, 2011

Before NIEMEYER and MOTZ , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Petitions denied by un published per curiam opinion
.
Barbara Michelle Bush, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Barbara Michelle Bush has filed petitions for writ s of mandamus seeking an order compelling the district court to stop assigning a particul ar judge to her cases and for that judge to stop reviewing her cases , and to correct the record in a case filed in a federal district court in Texas. Mandamus is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U .S. Dist. Court , 426 U.S. 394, 402 (1976); In re Beard , 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is available only where there is no other available remedy. In re Braxton

In addition, we order ed Bush to show cause as to why she should not be sanctioned for filing frivolous original actions in this court and enjoined from filing any further original actions in this court unless she pays the sanctions. , 258 F.3d 250, 261 (4th Cir. 2001). Because Bush had other means of pursuing the r elief she seeks, mandamus relief is not available. Accordingly, we deny leave to proceed in forma pauperis, deny Bush’s motion s for appointment of counsel, and deny the petition s for writ s of mandamus.

*

* This court previou sly sanctioned Bush for filing frivolous appeals and enjoined her from fil ing further actions in this court unless she pays the sanctions and a district court finds that the appea l is not frivolous.3 We find her response fails to show cause why sanctions and an injuncti on should not be imposed. Therefore, Bush is now sanctioned $500 for filing frivolous original actions in this court and enjoined from filing further original actions in this court unless she pays the sanction s . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process. PETITION S DENIED
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








In
      connection with the Quarterly Report of Execute Sports, Inc. (the "Company")
      on
      Form 10-QSB for the quarter ending March 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Periodic Report"), I, Sheryl
      Gardner, 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
      Periodic 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 Periodic 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
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.








Dated:
              May 10, 2006
            
            
            /s/ Sheryl
              Gardner------------------------------------
              Sheryl GardnerChief
                Financial Officer
              And Principle Accounting Officer
[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Pages 13316-13317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5347]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14275-000, 14279-000, 14282-000]


FFP Project 91, LLC, Riverbank Hydro No. 23, LLC, Lock+ Hydro 
Friends Fund III; Notice Announcing Filing Priority for Preliminary 
Permit Applications

    On February 28, 2012, the Commission held a drawing to determine 
priority between three competing preliminary permit applications with 
identical filing times. In the event that the Commission concludes that 
none of the applicants' plans are better adapted than the other

[[Page 13317]]

to develop, conserve, and utilize in the public interest the water 
resources of the region at issue, the priority established by this 
drawing will serve as the tiebreaker. Based on the drawing, the order 
of priority is as follows:
    1. FFP Project 91, LLC: Project No. 14275-000.
    2. Riverbank Hydro No. 23, LLC: Project No. 14279-000.
    3. Lock+ Hydro Friends Fund III: Project No. 14282-000.

    Dated: February 29, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-5347 Filed 3-5-12; 8:45 am]
BILLING CODE 6717-01-P
GMAC
Commercial Mortgage
550 California Street, 12th Floor

San Francisco, CA 94104

Tel. 415-835-9200

Fax 415-391-2949

 

 

 

 

GMAC Commercial Mortgage Securities Inc.

               Series 2000-C3

                                              Annual Statement as to Compliance

                                For Period of January 1 through December 31, 2001

 

 

Pursuant to Section 3.13 of the Pooling and Servicing Agreement I attest that:

A review of the activities of GMAC Commercial Mortgage Corporation as Special  Servicer during the period, and of its performance under this Agreement, has been made under my supervision.

To the best of my knowledge, based on such review, GMAC Commercial Mortgage Corporation as Special Servicer, has fulfilled in all material respects its obligations under this Agreement throughout the period. However, during the period of January 1 through December 31, 2001, GMAC Commercial Mortgage as Special Servicer did not service any Specially Serviced Mortgaged Loans.

GMAC Commercial Mortgage Corporation, as Special Servicer has received no notice regarding qualifications, or challenging the status, of the trust Fund as a REMIC or of the Grantor Trust as a "grantor trust" under the Grantor Trust Provisions from the Internal Revenue Service or any other governmental agency or body.

 

GMAC COMMERCIAL MORTGAGE CORPORATION

 
* 

 

 

By: *Michele Heisler                    Date:     2/12/02
      Michele Heisler

      Vice President, GMAC Commercial Mortgage Corporation**
Exhibit 32.2

CERTIFICATION BY CHIEF FINANCIAL OFFICER  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 TAL International Group, Inc. (the "Company") on Form 10-Q for the
period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John Burns, Senior Vice President 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:



Date:
November 1, 2010

/s/ JOHN BURNS John Burns Senior Vice President and Chief Financial Officer


---



QuickLinks
EXHIBIT 32.2





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





This certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and accompanies the Quarterly Report on Form 10-Q (the “Form 10-Q”) for the quarter ended June 30, 2010 of China Clean Energy Inc. (the “Company”).  I, William Chen, the Chief Financial Officer of the Company, certify that, based on my knowledge:





(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; and





(2)
The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods covered in this report.





Date: August 13, 2010

By:
/s/ William ChenName:
William ChenTitle:
Chief Financial Officer





The foregoing certification is being furnished as an exhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officers of Platinum Research Organization, Inc. (the Company) hereby certify that the Companys Quarterly Report on Form 10-QSB for the quarterly period ended June 30, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the Report):



|(1) | 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/ John T. Jaeger, Jr.              
|John T. Jaeger, Jr.                  
|President and Chief Executive Officer
|(Principal Executive Officer)        

November 9, 2007



|                                                 
|-------------------------------------------------
|/s/ Michael D. Newman                            
|Michael D. Newman                                
|Senior Vice-President and Chief Financial Officer
|(Principal Financial Officer)                    

November 9, 2007
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

T.J., a child

,

Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 16

- 1832

[ January 18, 2018 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County ; Stacy Ross , Judge; L.T. Case No. 15002654 DL00B

.

Carey Haughwout, Public Defender, and Virginia Murphy, Assistant

Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J.

Concepcion, Assistant Attorney Genera l, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR

, F ORST and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 on Form 10-Q of KBS Real Estate Investment Trust, Inc. (the Registrant) for the quarter ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Charles J. Schreiber Jr., Chief Executive Officer and Director of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his 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 results of operations of the Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 14, 2008



/s/ Charles J. Schreiber, Jr.Charles J. Schreiber, Jr.Chairman of the Board, Chief Executive Officer and Director
**Exhibit 31.2**

**CERTIFICATION**

**PURSUANT TO 17 CFR 240.13a-14**

**PROMULGATED UNDER**

**SECTION 302OF THE SARBANES-OXLEY ACT OF 2002**

I, Michael Angerthal, certify that: 

1. I have reviewed this quarterly report on Form 10-Q of CBRE Realty Finance, Inc.; 

2. Based onmy knowledge, this 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 withrespect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and we have: 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, toensure 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 quarterly report is being prepared; and

(b) [Omitted in reliance on SEC Release No. 33-8238; 34-47986, Section III E.] 

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

(d) 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 caseof an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committeeof registrant’s board of directors (or persons performing the equivalent function): 

(a) all significant deficiencies and materialweaknesses in the design or operation of internal control over financial reporting which are reasonably likely 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 other employees who have a significant role in the registrant’s internalcontrol over financial reporting. 

 

Date: November 14, 2007
* 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. 07-10458

In The Matter Of: FAYE MARIE WIGLEY; DONALD WIGLEY

Debtors

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

FAYE MARIE WIGLEY

Appellant

v.

UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE

Appellee

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:06-CV-364

USDC No. 3:06-CV-368

USDC No. 3:06-CV-369

Before JOLLY, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5th Cir. R. 47.6.

United States Court of Appeals

Fifth Circuit

F I L E D

March 11, 2008

Charles R. Fulbruge III

Clerk
EXHIBIT
31.2




AULTRA
GOLD INC.




CERTIFICATION
PURSUANT TO SARBANES-OXLEY SECTION 302




I, Rauno
Perttu, Chief Financial Officer of Aultra Gold Inc., certify that:




1. I have
reviewed this quarterly report on Form 10-QSB for the period ended March 31,
2008 of Aultra Gold Inc




2. Based
on my knowledge, this quarterly 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 period covered by this quarterly
report;




3. Based
on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the issuer as of,
and for, the periods presented in this quarterly report;




4. The
issuer's other certifying officer 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 issuer 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 issuer including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared; and




(b)
Evaluated the effectiveness of the issuer'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 issuer's internal control over
financial reporting that occurred during the issuer's most recent fiscal quarter
(the issuer's fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the issuer's
internal control over financial reporting;




5. The
issuer's other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the issuer's
auditors and the audit committee of the issuer's board of directors (or persons
performing the equivalent functions);




(a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the issuer's ability to record, process, summarize and report
financial information; and




(b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the issuer's internal controls over financial
reporting.




Date: May
      21, 2008
              By:
              /s/ Rauno
      PerttuRauno
      PerttuChief
      Financial Officer