alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0668

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

CLAYTON DOUGLAS KIRN,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including July 17, 2024, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 10 2024

06/10/2024

Case Number: DA 23-0668
#### In re WILSON. BAILEY METER CO. v. OWENS-ILLINOIS GLASS CO.

No. 6999.

Circuit Court of Appeals, Seventh Circuit.

Dec. 16, 1939.

•Carol, A. Teller and H. J. Goldberger, both, of Chicago, 111., for appellant.

Russell F. Locke, of Chicago, 111., for appellee.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

We answer the question — May a subcontractor who furnishes material to a principal in Illinois, but files no lien therefor within sixty days from the date of furnishing the material, later and after the principal has paid the contractor therefor and upon finding that the material so furnished is defective and valueless, revive the period for filing claims for subcontractor’s mechanic’s lien by repairing without cost the defective material? — in the negative. See Taylor Bros. v. Gill, 126 Okl. 293, 259 P. 236, 54 A.L.R. 979, and annotations (where many cases including an Illinois decision, Snitzler v. Filer, 135 Ill. App. 61, are listed) at page 984; Ruling Case Law, Vol. 18, page 934, correctly states the rule to be as follows:

> “Generally where a contract is regarded as completed, subsequent performance of *469some service or furnishing some material remedying the defect will not operate to extend the time for claiming a lien or to revive a lien then expired.”

The decree is affirmed.
50551.

#### McKISIC et al. v. COLLEGE PARK HOUSING AUTHORITY.

Argued May 5, 1975

Decided May 13, 1975.

Webb, Judge.

The trial court in this dispossessory warrant proceeding, following *Mountain Hardwoods & Pine, Inc. v. Coosa River Sawmill Co.,*132 Ga. App. 224 (207 SE2d 643), struck defendants’ answer and counterclaim, ordered that a writ of possession issue, and granted a money judgment against defendants because of their failure to pay rent into court at the time of filing answer. This case was docketed in the Supreme Court where *Mountain Hardwoods*was pending on certiorari and, upon reversal of that case *(Mountain Hardwoods & Pine, Inc. v. Coosa River Sawmill Co.,*233 Ga. 414 (211 SE2d 712)), the instant case was transferred here since constitutional issues sought to be adjudicated were rendered moot by the Supreme Court’s construction of Code Ann. §§ 61-303, 61-304 in *Mountain Hardwoods.*In accordance with the opinion of the Supreme Court in *Mountain Hardwoods,*supra, which held that the filing of a bond or payment of rent into court is not a condition precedent to filing an answer and counterclaim, the judgment of the trial court is reversed.

*Judgment reversed.*

*Bell, C. J., and Marshall, J., concur.*

*814*Leah Wortham,*for appellants.

*Nancy Merrill Hunt, Virginia Bonner,*for appellee.
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, and in connection with the amendment to the
annual report on Form 10-KSB of Simtrol, Inc. (the "Company") for the year ended
December 31, 2004, as filed with the Securities and Exchange Commission on or
about the date hereof (the "Report"), the undersigned hereby certify 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.

      This Certification is signed on April 29, 2005.


                                           /s/ Richard W. Egan
                                           -------------------------------------
                                           Richard W. Egan
                                           President and Chief Executive Officer

                                           /s/ Stephen N. Samp
                                           -------------------------------------
                                           Stephen N. Samp
                                           Chief Financial Officer
SERVED: APRIL 3, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF. 

GOJET AIRLINES, LLC 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2012-0876 

ORDER OF DISMISSAL 

On September 10, 2012, the Federal Aviation Administration ("Complainant") filed a 

Complaint. On August 17, 2012, GoJet Airlines, LLC ("Respondent") had filed a Request for 

Hearing. 

On March 25, 2013, Complainant filed a Motion to Withdraw Complaint. 

14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney 

may withdraw a complaint or party may withdraw a request for a hearing without the 

consent of the administrative law judge. If an agency attorney withdraws the complaint or 

a party withdraws the request for a hearing and the answer, the administrative law judge 

shall dismiss the proceedings under this subpart with prejudice." 
2 

WHEREFORE, the within filed Withdrawal of Complaint having been read and 

considered, it is ORDERED as follows: 

1. Complainant's Withdrawal of Complaint be and is hereby granted; and 

2. This proceeding be and is hereby dismissed with prejudice. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
3 

SERVICE LIST 

FDMS No. FAA-2012-0876 

(Civil Penalty Action) 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. Richard A. Leach, CEO 

GoJet Airlines, LLC, Respondent 

11495 Navaid Road, Suite 303 

Bridgeton, MO 63044 

ONE COPY 

David J. A. Hayes III, Respondent's Counsel 

Vice-President & General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

TEL: 314-222-4316 

FAX: 314-222-4311 

David B. Kessler, Complainant's Counsel 

Attorney, Office ofthe Regional Counsel, ACE-7 

Central Region 

Federal Aviation Administration 

Room 506, DOT Building 

901 Locust 

Kansas City, MO 64106-2641 

TEL: 816-329-3763 

FAX: 816-329-3771 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2448 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2448

   To extend and modify the temporary reduction of duty on paraquat 
                               technical.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Cornyn introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To extend and modify the temporary reduction of duty on paraquat 
                               technical.

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

SECTION 1. PARAQUAT TECHNICAL.

    (a) In General.--Heading 9902.13.06 of the Harmonized Tariff 
Schedule of the United States (relating to paraquat technical) is 
amended--
            (1) by striking the article description and inserting the 
        following: ``Paraquat dichloride (1,1Ndimethyl-4,4N-
        bipyridinium dichloride) (CAS No. 1910-42-5) (provided for in 
        subheading 2933.39.23)'';
            (2) by striking ``4.41%'' and inserting ``Free''; and
            (3) by striking ``12/31/2009'' and inserting ``12/31/
        2011''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this Act.
                                 <all>
```
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

WILTON STATION CONDOMINIUM ASSOCIATION, INC.

, Appellant,

v.

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES,

AND MOBILE HOMES
, Appellee

.

No. 4D 18

- 2919

[ October 3, 2019 ]

Administrative a ppeal from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares,

and Mobile Homes ; L.T. Case No. 2017

- 020348

.

Darrin B. Gursky of Gursky Ragan, P. A., Miami, for appellant.

Ross Marshman, Chief Appellate Counsel, Department of Business and Professional Regulation, Tallahassee, for appellee.

P ER C URIAM

.

Affirmed.

D AMOORGIAN

, C IKLIN and G ERBER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### National Tribal Operations Committee Meeting July 14, 2010 Meeting Note to the Docket

Discussion Topics

On July 14, 2010, representatives from the US Envir onmental Protection Agency (EPA) participated in a meeting to update the National Tr ibal Operations Committee (NTOC) on

the status of the rule titled: “Review of New Sourc es and Modifications in Indian Country.” The NTOC discussed their general concern s and issues related to this action, including:

• The Role of the Federal Land Manager (FLM) in this New Source Review (NSR) rule and in future rule development

• Efforts for implementing this NSR rule in Indian co untry

• Costs for implementing this NSR rule in Indian coun try
**Exhibit31.3**

**CERTIFICATION**

I, Randel G. Owen, certify that:

1.                        I have reviewed this Form 10-Q of EmergencyMedical Services Corporation;

2.                        Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3.                        Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

4.                        The registrant’s other certifying officer(s)and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

(a) Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

(b) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

(c) Disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

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

(a) All significantdeficiencies 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 ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.
| Date: November 7, 2006     |   |   |
|---------------------------------|--------|--------|
|                            |   |   |
| /s/ Randel G.  Owen             |   |   |   |
| Name: Randel G.  Owen           |   |   |
| Title: Chief  Financial Officer |   |   |
|                                 |        |        |  |

 

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2067 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2067

             To suspend temporarily the duty on buprofizen.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Carper introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
             To suspend temporarily the duty on buprofizen.

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

SECTION 1. BUPROFIZEN.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       (Z)-2-Tert-         Free         No change        No change        On or before 12/ ''.
                          butylimino-3-                                                      31/2011.......
                          isopropyl-5-
                          phenyl-1,3,5-
                          thiadiazinan-4-
                          one (Buprofizen)
                          (CAS No. 69327-76-
                          0) (provided for
                          in subheading
                          2934.99.16)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
EXHIBIT
32.1
 
 CERTIFICATION
OF 10-K REPORT OF
  ZYNEX,
INC.
 FOR
THE YEAR ENDED DECEMBER 31, 2008
 
 
 Each of
the undersigned hereby certifies, for the purposes of Section 1350 of Chapter 63
of Title 18 of the United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in his capacity as an officer of Zynex, Inc.
(“Zynex”), that to his knowledge:
  1.
              The
      10-K 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 such 10-K Report fairly presents, in all material
      respects, the financial condition and results of operations of
      Zynex.
  This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to the 10-K Report. A signed original of this statement has been
provided to Zynex and will be retained by Zynex and furnished to the Securities
and Exchange Commission or its staff upon request.
  This
Certification is executed as of April 15, 2009.
  
 
 /s/ Thomas
Sandgaard
 Thomas
Sandgaard
 President
and Chief Executive Officer
 
 
 /s/ Fritz G.
Allison
 Fritz G.
Allison
 Chief
Financial Officer
<PAGE>

Exhibit 23.1

Consent of Independent Auditors

The Board of Directors and Stockholders World Airways, Inc.:

We consent to incorporation by reference in the registration statements
(No. 333-13575, No. 333-14461, No. 333-33704, No. 333-33706 and No. 333-14457)
on Form S-8 and registration statements (No. 333-39673 and No. 333-35054) on
Form S-3 of World Airways, Inc. of our report dated March 21, 2001, relating
to the balance sheets of World Airways, Inc. as of December 31, 2000 and 1999,
and the related statements of operations, changes in stockholders' deficiency,
and cash flows for each of the years in the three-year period ended December 31,
2000, which report appears in the December 31, 2000 annual report on Form 10-K
of World Airways, Inc.


KPMG LLP



McLean, Virginia
March 22, 2001

                                      42
**Exhibit 13.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER OR EQUIVALENT**

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

**(SUBSECTIONS (a) AND (b) OF SECTION 1350,**

**CHAPTER 63 OF TITLE 18 UNITED STATES CODE)**

 

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of DRAXIS Health Inc., a corporation incorporated under the laws of Canada (the “Company”), hereby certifies, to such officer’s knowledge, that:

 

The Annual Report of Form 20-F for the year ended December 31, 2005 (the “Report”) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
| Dated: March 31, 2006 |                    |
|-----------------------|-------------------------|
|                  | /s/ Mark Oleksiw        |   |
|                  | Mark Oleksiw            |
|                  | Chief Financial Officer |

 

The foregoing certification is being furnished solely pursuant to 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 is not being filed as part of the Report or as separate disclosure document.

 

----
#### Jose AMADOR and Aurelia Amador, his wife, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

No. 86-2493.

District Court of Appeal of Florida, Third District.

March 24, 1987.

*60Elliott Heywood Lucas, Miami, for appellants.

Spencer & Taylor and W. Thomas Spencer, Miami, for appellee.

Before BARKDULL, HUBBART and BASKIN, JJ.

PER CURIAM.

Affirmed. *See Boyd v. United States Fidelity & Guar. Co.,*256 So.2d 1 (Fla. 1971); *Dixie Ins. Co. v. Beaudette,*474 So.2d 1264 (Fla. 5th DCA 1985); *Fidelity & Casualty Co. v. Fonseca,*358 So.2d 569 (Fla. 3d DCA), *cert. denied,*365 So.2d 711 (Fla.1978); *Duprey v. United Servs. Auto. Ass’n,*254 So.2d 57 (Fla. 1st DCA 1971).
#### George E. COBB v. AETNA CASUALTY & SURETY COMPANY.

No. 89-C-1221.

Supreme Court of Louisiana.

June 30, 1989.

In re Cobb, George E.; — Plaintiffs); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA87 1721; Parish of East Baton Rouge, 19th Judicial District Court, Div. “I”, No. 306544.

Denied.

DIXON, C.J., would grant the writ.
<PAGE>   1
                                                                      EXHIBIT 11


                              Ross Technology,Inc.
                    COMPUTATION OF EARNINGS (LOSS) PER SHARE

The following reconciliation details the numerator and denominator used to
calculate basic and diluted earnings (loss) per share for the years ended March
30, 1998, March 31, 1997 and April 1, 1996:

<TABLE>
<CAPTION>
                                                
                                                Year Ended      Year Ended     Year Ended
                                                 March 30,       March 31,       April 1,
                                                   1998            1997            1996
                                                ----------      ----------     ----------                   

<S>                                               <C>             <C>             <C> 
Net income (loss)                                 (38,271)        (86,705)        18,160

Dividends related to preferred stock                    -               -           (832)
                                                ---------      ----------     ----------                                    
Net income (loss) applicable to common
  shareholders                                    (38,271)        (86,705)        17,328

Shares used in basic earnings (loss) per share      
  computations                                     23,450          23,396         14,067

Shares used in diluted earnings (loss) per share
  computations                                     23,450          23,396         21,033

Basic earnings (loss) per share                     (1.63)          (3.71)          1.23

Diluted earnings (loss) per share                   (1.63)          (3.71)          0.82

</TABLE>


            COMPUTATION OF SHARES USED IN EARNINGS (LOSS) PER SHARE COMPUTATIONS
<TABLE>
<CAPTION>

                                                Year Ended      Year Ended     Year Ended
                                                 March 30,       April 1,       April 3,
                                                  1998            1997            1996
                                                ----------      ----------     ----------
<S>                                             <C>             <C>             <C>   
Average outstanding common shares                   23,450          23,396         14,067

Average  common equivalent shares -
  dilutive effect of preferred shares                    *               -          4,312

Average common equivalent shares -
  dilutive effect of option shares                       *               *          2,654
                                                ----------      ----------     ----------
Shares used in earnings per share
  Computation                                       23,450          23,396         21,033
                                                ==========      ==========     ==========
</TABLE>

* Excluded due to anti-dilutive effect.