alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Pete GUERRERO and Ruby Guerrero, individually and as next friends of Mark Guerrero, Ray Guerrero, and Donna Guerrero, Plaintiffs-Appellants, v. Katheryn BAILEY, Defendant-Appellee.

No. 81CA0893.

Colorado Court of Appeals, Div. I.

Oct. 28, 1982.

Rehearing Denied Nov. 26, 1982.

Certiorari Denied Jan. 31, 1983.

*279Chilson & Stanton, P.C., John H. Chilson, Loveland, for plaintiffs-appellants.

Madden & Strate, P.C., T.W. Norman, Michael J. Mirabella, Wheat Ridge, for defendant-appellee.

KELLY, Judge.

The trial court entered judgment for the Guerrero family in a negligence action arising from a truck-automobile collision. The trial court denied their motion for a new trial on the issue of damages, and they appeal. We affirm.

The Guerreros contend that the damages awarded them were manifestly inadequate and that *Colo. J.I.*6:9 (2d ed 1980), applicable where the plaintiffs’ injuries are aggravated by a subsequent injury, contributed to that result.

A new trial on the issue of damages may be granted:

> “[i]f the verdict is manifestly inadequate, or so small in amount as to clearly and definitely indicate that the jury neglected to take into consideration evidence of ... injuries, pain and suffering, and resulting disability, if any; or if the record indicates that the jury was influenced by prejudice, passion or other improper consideration .... ” *Mince v. Butters,*200 Colo. 501, 616 P.2d 127 (1980).

Since the-record discloses conflicting evidence on the extent of injuries suffered, the amount of damages is properly a function of the trier of facts, not an appellate court. *Bohlender v. Oster,*165 Colo. 164, 439 P.2d 999 (1968); *see Roth v. Stark Lumber Co.,*31 Colo.App. 121, 500 P.2d 145 (1972).

The Guerreros also claim that inclusion of Colorado Jury Instruction 6:9 prejudiced the jurors into giving a smaller damage award where the only “subsequent injury” which could have aggravated the injuries suffered from the accident was a job layoff. We disagree.

Since the defendant introduced evidence that Pete Guerrero’s layoff from *280the Monfort plant aggravated the emotional injuries caused by the collision of September 5, 1976, the instruction was warranted, even though the “subsequent injury” was not physical in nature. While the term “injury” has not been defined in jury instruction 6:9, the instruction clearly states that the plaintiff is entitled to recover for any injury or pain received in the accident, but not for any disability incurred after the accident which was not caused by the defendant. A jury is to view the court’s instructions as a whole. *See Pettingell v. Moede,*129 Colo. 484, 271 P.2d 1038 (1954). Here, the instructions as a whole are clear that the defendant is not liable for injuries not caused by her. *See Bruckman v. Pena,*29 Colo.App. 357, 487 P.2d 566 (1971).

Judgment affirmed.

COYTE and PIERCE, JJ., concur.
Exhibit 32

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

The undersigned, the Chief Executive Officer and the Chief Financial Officer of
AUX (USA) Inc. (the "Company"), hereby certifies that, to his knowledge on the
date of this certification:

            1.    The quarterly report of the Company for the period ended
                  September 30, 2004 as filed with the Securities and Exchange
                  Commission on this date (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: November 12, 2004


                                   By: /s/ Jian Jiang Zheng
                                       ----------------------------------------
                                   Name:  Jian Jiang Zheng
                                   Title: President and Chief Executive Officer
                                          Treasurer and Chief Financial Officer


                                       13
**EXHIBIT 31.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

I, Steven Tanner, certifythat: 

 

1.                    I havereviewed this Quarterly Report on Form 10-Q for the fiscal period ended June 26,2005 of Real Mex Restaurants, Inc.;

 

2.                    Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.                    Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.                    The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report 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 inthis report if any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 

 

5.                    The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

 

(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 or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

June 26, 2005 

 
|   | By:    | /S/ STEVEN  TANNER         |   |
|--------|--------|----------------------------|--------|
|   |   |                       |
|   |   | Steven Tanner              |
|   |   | *Chief  Financial Officer* |

 

----
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                           1

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          30,728
<SECURITIES>                                         0
<RECEIVABLES>                                  184,688
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               215,416
<PP&E>                                       6,383,637
<DEPRECIATION>                              (4,055,292)
<TOTAL-ASSETS>                               2,543,761
<CURRENT-LIABILITIES>                           65,584
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   2,478,177
<TOTAL-LIABILITY-AND-EQUITY>                 2,543,761
<SALES>                                              0
<TOTAL-REVENUES>                               624,307
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,212,825
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (588,518)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (588,518)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (588,518)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0


</TABLE>
#### STATE ex rel. Robbin E. ZACHARIE v. Honorable Edwin A. LOMBARD, Clerk, Orleans Criminal District Court, Parish of Orleans, Louisiana.

No. 88-KH-0185.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re Zacharie, Robbin E.; applying for remedial writ; to the Court of Appeal, Fourth Circuit, No. KW-9282; Parish of Orleans, Criminal District Court, Div. “G”, No. 282-584.

Granted for the sole purpose of transferring the application to the district court for its consideration.
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Douglas E. Nickerson, Chief Financial Officer of QC Holdings, Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of QC Holdings, Inc.; 

 

2. Based on my knowledge, this quarterly report does not contain any untruestatement 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 otherfinancial information included in this quarterly 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 quarterly report;

 

4. The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure 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 quarterlyreport is being prepared; and 

 

b) reserved;and 

 

c) evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on suchevaluation; and 

 

d) disclosed in this reportany 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 case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’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 arereasonably 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’sinternal control over financial reporting. 

 

Date: August 11, 2004
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 for the period ended September 30, 2016 (the “Report”) of Goodman Networks Incorporated (the “Company”), the undersigned hereby certifies in his capacities as Chief Executive Officer, President and Executive Chairman and Principal Financial Officer, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge: 

|   | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; 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, and for, the periods presented in the Report. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Date: November 14, 2016 |   | By:    |   | /s/ Ron B. Hill                                                   |
|-------------------------|--------|--------|--------|-------------------------------------------------------------------|
|                    |   | Name:  |   | Ron B. Hill                                                       |
|                    |   | Title: |   | Chief Executive Officer, President and Executive Chairman

  |
|                    |   |   |   |                                                              |

The foregoing certification is furnished as an exhibit to the Report and will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 20. 2012.

A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

                    1.                     *PSB Holdings, Inc.,*                     Wausau, Wisconsin; to acquire 100 percent of the voting shares of Marathon State Bank, Marathon, Wisconsin.                

Board of Governors of the Federal Reserve System, March 22, 2012.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2012-7294 Filed 3-26-12; 8:45 am]

BILLING CODE 6210-01-P
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE ANNUAL
REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH ANNUAL
REPORT ON FORM 10-K.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          24,180
<SECURITIES>                                 1,762,281
<RECEIVABLES>                                  109,512
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,437,918
<CURRENT-LIABILITIES>                           44,319
<BONDS>                                      2,085,722
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         18
<COMMON>                                           529
<OTHER-SE>                                     307,330
<TOTAL-LIABILITY-AND-EQUITY>                 2,437,918
<SALES>                                              0
<TOTAL-REVENUES>                               244,201
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                35,145
<LOSS-PROVISION>                                30,378
<INTEREST-EXPENSE>                             136,268
<INCOME-PRETAX>                                 42,369
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    42,369
<EPS-PRIMARY>                                     0.75
<EPS-DILUTED>                                     0.74
        

</TABLE>
*This matter is being decided by a quorum. 28 U.S.C. §

46(d).

 

** 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. 98-10342

Conference Calendar

 

JOSEPH REED,

Plaintiff-Appellant,

versus

LORIE WILLS, CAPTAIN, STEPHEN JEFFCOAT, LIEUTENANT; JULIUS

HORTON, LT; LOIS REILLY, RN; CINDY HEYMER, LT; FRANK J. SEARS,

JR., SGT; TENA M. FARRINGTON, CO-III; NFN SKINNER, CO-III;

CHRISTOPHER LUCAS, CO-III; KENNETH WILLINGHAM, CO-III,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:97-CV-65

- - - - - - - - - -

February 11, 1999

Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*

PER CURIAM:**

 Texas prisoner Joseph Reed, No. 634538, is BARRED from

proceeding in forma pauperis (IFP) under the Prison Litigation

Reform Act of 1995 (PLRA) because, on at least three prior

occasions while incarcerated, Reed has brought an action or

appeal in a United States court that was dismissed as frivolous. 
No. 98-10342

-2-

See Reed v. Wilkinson, No. 97-22347 (5th Cir. Apr. 10,

1998)(complaint dismissed as frivolous in district court; appeal

dismissed as frivolous); Reed v. Scott, No. 97-11347 (5th Cir.

June 17, 1998)(affirming district court’s dismissal of complaint

as frivolous); see 28 U.S.C. § 1915(g); Adepegba v. Hammons, 103

F.3d 383, 388 (5th Cir. 1996). Accordingly, Reed’s IFP status is

DECERTIFIED, and he may not proceed IFP in any civil action or

appeal filed while he is in prison unless he is under imminent

danger of serious physical injury. 28 U.S.C. § 1915(g). 

This appeal is DISMISSED. 

 Reed has 15 days from the date of this opinion to pay the

full appellate filing fee of $105 to the clerk of the district

court, should he wish to reinstate his appeal. 

 IFP DECERTIFIED. APPEAL DISMISSED.
#### STATE FARM MUTUAL AUTOMOBILE INS. CO., Appellant, v. James D. ROBINSON and Vera R. Robinson, Appellees.

No. 87-1212.

District Court of Appeal of Florida, Second District.

Dec. 9, 1987.

Rehearing Dismissed Jan. 13, 1988.

J. Michael McCarthy, Lakeland, for appellant.

W. James Kelly and C. Kenneth Stuart, Jr., of W. James Kelly, P.A., Lakeland, for appellees.

*1152PER CURIAM.

Affirmed.

DANAHY, C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

ON MOTION FOR REHEARING

Appellant having filed a motion for rehearing or clarification in the above-styled case, upon consideration, it is

ORDERED that said motion is hereby dismissed. *See Parker v. Baker*on motion for rehearing, 499 So.2d 843, 846 (Fla. 2d DCA 1986).