alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Rose Tuchsher, Plaintiff, *v.*Morris Tuchsher, Defendant.

Supreme Court, Special Term, Kings County,

January 20, 1959.

*Zalle & Mayashi*for plaintiff.

No appearance for defendant.

Benjamin Brenner, J.

Action to annul a marriage for fraud. Plaintiff wife was 56 years of age when she married her husband and lived with him for about two months when she discovered that he did not earn $200 weekly, as represented, and that he did not possess a paid-up insurance policy for $16,000, relative to which he had promised to name her beneficiary. These representations, she insists, were the all important conditions of the marriage. Plaintiff readily testified that hers was no love match but that she could get used to the defendant in time. Apparently even this minimal requirement for marital happiness was unattainable because the $100 weekly house and table money was not forthcoming and the $16,000 paid-up policy turned out to be a cancelled $1,500 policy.

It is a basic principle of law that the fraud alleged as grounds for the dissolution of a marriage must relate to a *2vital representation; that it must consist of more than a puffing of financial worth and should be so weighty and material as to influence a person of average prudence and intelligence *(Lapides*v. *Lapides,*254 N. Y. 73; *Beard*v. *Beard,*238 N. Y. 599). And in *Shonfeld*v. *Shonfeld*(260 N. Y. 477, 489) it was pointedly said “ the courts have not yet gone so far as to recognize marriage as a mere matter of bargain and sale or to annul it because one of the parties is disappointed in the material wealth of the other.”

Plaintiff undoubtedly expected her second matrimonial venture to be her last. - Factors taken into account by younger or more romantic women, such as affection and compatibility, could but take second place in her thoughts, and while I suspect that there were some aspects of bargain and sale here, plaintiff’s prime consideration was that of security in a not too distant old age. To this plaintiff, representations of good earnings and ownership of a substantial paid-up policy were most important. Certainly their falsity constituted no mere disappointment in the material wealth of the spouse. Average prudence and intelligence vary with each classification of persons and often the age, sex, physical and financial condition of the party determine the weight and impact of the misrepresentation claimed as grounds for the sought after dissolution. Thus, if average prudence and intelligence be the test of the materiality of promises made to induce a marriage, this plaintiff has met that test.

I find on the evidence that the plaintiff is entitled to a judgment dissolving the marriage. This opinion shall constitute the findings of fact and conclusions of law.
#### STATE of Louisiana v. Kent A. ARCEMENT.

No. 87-K-2720.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re Arcement,, Kent A.; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. KA-6.872; Parish of Orleans, Criminal District Court, Div. “G”, No. 302-549. • '

Prior report: La.App., 514 So.2d 144.

Denied.
#### STATE of Louisiana v. Floyd L. MOORE.

No. 87-KK-1387.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re State of Louisiana; applying for supervisory and/or remedial writs;, to the Court of Appeal, Third Circuit, No. KW87-0185; Parish of Calcasieu, 14th Judicial District Court, Div. “B”, No. 5624-86. ■

Prior report: La.App., 507 So.2d 17.

Denied.
================================================================================

                                   SIMON LEVER
                          CERTIFIED PUBLIC ACCOUNTANTS
                              AND BUSINESS ADVISORS



                                               January 8, 2007


Office of the Chief Accountant
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC  20549


Dear Sir/Madam:

We have read the  statements  included in the Form 10-KSB dated January 8, 2007,
of Medical  Technology & Innovations,  Inc., to be filed with the Securities and
Exchange Commission and are in agreement with the statements contained in Item 8
insofar as they relate to our  dismissal  and our audits for the year ended June
30, 2001. We are not in a position to agree or disagree  with the  statements in
Item 4 regarding the engagement of another CPA.

                                                     Very truly yours,


                                                     /s/ Simon Lever LLP
                                                     Simon Lever LLP





















                444 Murray Hill Circle, Lancaster, PA 17601-4168
                     Phone 717.569.7081 * Fax 717.569.7313
                              www.simon-lever.com

--------------------------------------------------------------------------------
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 169 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. RES. 169

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1999

  Mr. Cochran (for himself, Mr. McCain, Mr. Stevens, and Mr. Graham) 
submitted the following resolution; which was referred to the Committee 
                           on Armed Services

_______________________________________________________________________

                               RESOLUTION

 

Whereas General Wesley K. Clark has had a long and distinguished military 
        career, which includes graduating first in the class of 1966 from the 
        United States Military Academy at West Point and serving in command 
        positions at every level in the United States Army, culminating in 
        service concurrently in the positions of Supreme Allied Commander, 
        Europe and Commander-in-Chief of the United States European Command;
Whereas General Clark was integral to the formulation of the Dayton Accords;
Whereas General Clark most recently distinguished himself by his tireless, 
        resourceful, and successful leadership of the first military action of 
        the North Atlantic Treaty Organization despite severe constraints; and
Whereas General Clark's record of exemplary and dedicated service is an example 
        which all military officers should seek to emulate and is deserving of 
        special recognition: Now, therefore, be it
    Resolved, That--
             (1) the United States Senate commends and expresses its 
        gratitude to General Wesley K. Clark, United States Army, for 
        his outstanding record of military service to the United States 
        of America; and
            (2) the Secretary of the Senate shall transmit a copy of 
        this resolution to General Wesley K. Clark.
                                 <all>
```
##### 



1.
    
    I have reviewed this quarterly report on Form 10-Q of AMH Holdings, Inc.;2.
    
    Based on my 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 with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included 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 (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 be designed 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 report is being prepared;b)
    
    Evaluated the effectiveness of the registrant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; andc)
    
    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 case of 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 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 are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date: August 16, 2005
    By:
    /s/ Michael Caporale, Jr.Michael Caporale, Jr.Chairman, President and
Chief Executive Officer
(Principal Executive Officer) -27-
#### Rosemary Arrin REYNOLDS, Appellant, v. Arthur W. TIFFORD, and Leon G. Nichols, Trustee, Appellees.

No. 86-783.

District Court of Appeal of Florida, Third District.

April 28, 1987.

Max P. Engel and Louis Stoskopf, Miami, for appellant.

Arthur W. Tifford, Miami, in pro. per.

Wallace, Engels & Pertnoy and Sidney M. Pertnoy, Miami, for appellee Nichols, Trustee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

By this appeal appellant challenges several orders entered by the trial court subsequent to a final summary judgment of foreclosure.

The several grounds relied upon by appellant for reversal have been considered in the light of the record, briefs and arguments of counsel, and we find that no reversible error has been shown. The record reflects that the cause was fully and fairly tried, that the orders appealed are fully supported by the evidence, and that the several rulings of the trial court challenged by appellant did not, on the record and under the law, constitute harmful error. Therefore the orders appealed are affirmed.

Affirmed.
#### STATE in the Interest of Jeffery GALLET, Jr.

No. 87-CK-0692.

Supreme Court of Louisiana.

May 15, 1987.

In re Health & Human Res. Dept. — Other; applying for writ of certiorari and/or review, prohibition, mandamus; to the Court of Appeal, Fourth Circuit, No. C 7299; Parish of Plaquemines, 25th Judicial District Court, Div. “A”, No. 4553-J.

Denied. However, the Court of Appeal should grant an expedited appeal.
#### STATE ex rel. Ronald Keith BURD v. C. Paul PHELPS, Secretary.

No. 85-KH-1256.

Supreme Court of Louisiana.

May 15, 1987.

In re Burd, Ronald Keith; applying for writ of certiorari; Parish of Orleans, Criminal District Court, Div. “E”, No. 270-472.

Denied.
Exhibit 10.3


 


Reimbursement
and Indemnification Arrangement


 


On July 28, 2005, the Board of Directors of the Comstock
Homebuilding Companies, Inc. (the “Company”) agreed to reimburse any and
all loss of funds that may be incurred by Christopher Clemente, the Chairman
and Chief Executive Officer of the Company and Gregory Benson, a director,
President and Chief Operating Officer of the Company, in connection with one of
the Company’s active projects that commenced operations before the Company’s
initial public offering in December 2004. 
As part of the condition for the extension of an acquisition and
development loan by the project lender, both Messrs. Clemente and Benson
had to personally guaranty the indebtedness. 
The Board of Directors resolved that as the guaranties were made in the
best interest of the Company and since the guaranties enabled the project to
commence operations, the Company should reimburse Messrs. Clemente and
Benson for any and all funds paid by them in connection with these guaranties.  Furthermore, the Company will also indemnify Messrs. Clemente
and Benson against any and all expenses, to the fullest extent permitted by
law, if either of them become a party or are threatened to be made a party to
any legal proceeding relating to these guaranties.
#### Lafeldt N. RUDD v. STATE of Mississippi.

No. 57815.

Supreme Court of Mississippi.

July 6, 1988.

Lafeldt N. Rudd, Parchman, pro se.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Robert L. Gibbs, Asst. Atty. Gen., Jackson, for appellee.

Appeal from Circuit Court, Sunflower County; Arthur B. Clark, Judge.

Before ROBERTSON, SULLIVAN and ANDERSON, JJ.

AFFIRMED.
**Exhibit
      32.2**





**Certification
      Pursuant To**


**Section
      906 of Sarbanes-Oxley Act of 2002**





The
      undersigned, in the capacities and on the date indicated below, hereby certifies
      that:




1.  This
      quarterly report of Affinity Media International Corp. 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 operation of Affinity Media International
      Corp.





Date:
      May
      15, 2008





By:
            /s/
                Howard CohlHoward
                CohlPresident,
                Treasurer and Director(Principal
                financial and accounting officer)





A
      signed
      original of this written statement required by Section 906, or other document
      authentications, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Affinity Media International Corp. and
      will
      be retained by Affinity Media International Corp. and furnished to the
      Securities and Exchange Commission or its staff upon request.
*       *       *       *       *








EXHIBIT 32




CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND


CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.


SECTION 1350, AS ADOPTED PURSUANT TO SECTION


906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned officers each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of China YCT International Group, Ltd. on Form 10-K/A for the fiscal year ended March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Annual Report on Form 10-K/A fairly presents in all material respects the financial condition and results of operations of the Company.





Date: March 9, 2011
/s/ Yan Tinghe
 Yan Tinghe, Chief Executive Officer





Date: March 9, 2011
/s/ Li Chuanmin
 Li Chuanmin, Chief Financial Officer








This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.
## MA RYLAND DEPARTM ENT O F THE EN VI RO NM ENT 1800 Washington Boulevard -Baltimore MD 21230 

# MDE 410-537-3000 - 1-800-633-6101 Martin O'Malley Shari T. Wilson Governo r Secretary Anthony G. Brown Robert M . Summers , Ph.D . Lieutenant Governor Deputy Secretary April 22 , 2009 Mr. Shawn M. Garvi n Regional Administrator (3RAOO) U .S. Environmental Protection Agency Region III 1650 Arch Street Philadelphia PA 19103-2029 Dear Mr. Garvin : The purpose of this letter is to submit the enclosed State Implementation Plan (SIP) Revision 

### # 10-06 concerning Maryland's repeal the general emission standard for adhesives under COMAR 26.11 . 19 . 15C(4) and replacing it with the source-specific VOC Reasonably Available Control Technology (RACT) emission limitation for the application of adhesives and sealants to specialty electronic systems and subsystems for defense and homeland security. This SIP Revision includes amendments to Regulation .15A and C under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes. The Notice of Proposed Act ion for this SIP Revision was publ ished in the Maryland Register on December 18 , 2009 . A pub l ic hearing was held on January 21 , 2010 . The action was adopted on March 21 , 2010 . The Notice of Final Action was published on April 9, 2010 and the amendments became effective on April 19 , 2010. All administrative procedures were properly followed throughout the adoption process. If you have any questions concerning this SIP submittal , please feel free to call me at (410) 537­ 3084 or M r. George (Tad) S . Aburn, Jr. , Director of the Air and Radiation Management Administration , at (410) 537-3255.

Shari T. Wilson Secretary S1W :dhr Enclosures

R dB T T

y I WW ] 7- 7 2

### -Y ! [ ! Vi

a Maryland Relay Service
EXHIBIT 32.2








Certification
by the Chief Financial Officer


of


Boardwalk
GP, LLC


pursuant
to 18 U.S.C. Section 1350


(as
adopted by Section 906 of the Sarbanes-Oxley Act of 2002)








Pursuant to 18 U.S.C. Section 1350, the
undersigned chief financial officer of Boardwalk GP, LLC hereby certifies, to
such officer's knowledge, that the quarterly report on Form 10-Q for the period
ended September 30, 2008, (the "Report") of Boardwalk Pipeline Partners, LP (the
"Partnership") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Partnership.





October
28, 2008


/s/  Jamie
L.
Buskill


Jamie L.
Buskill


Senior
Vice President, Chief Financial Officer and Treasurer


(Principal
Financial Officer)
<PAGE>
                                                                    EXHIBIT 10.6

                                SECOND AMENDMENT
                           TO THE ESSEX BANCORP, INC.
                                STOCK OPTION PLAN

      WHEREAS, Essex Bancorp, Inc. (the "Corporation") has established the Essex
Bancorp, Inc. Stock Option Plan (the "Plan") for the benefit of its executive
employees and the executive employees of its subsidiaries; and

      WHEREAS, the Corporation's Board of Directors has reserved the right to
amend the Plan at any time and from time to time, provided that any amendment
which materially increases benefits under the Plan to participants is also
approved by the shareholders of the Corporation.

      WHEREAS, on February 9, 1996 the Corporations' Board approved the Second
Amendment to the Plan, changing the Plan's definition of a "Change in Control,"
contingent upon shareholder approval; and

      WHEREAS, shareholder approval of the Second Amendment to the Plan has now
been obtained;

      NOW, THEREFORE, the Plan is hereby amended effective February 9, 1996 as
follows:

      1. Section 1.13 of the Plan is amended to insert the following sentence at
the end thereof:

            Additionally, a "Change in Control" shall mean any transfer after
            February 1, 1996, or series of transfers within a twelve month
            period commencing after February 1, 1996, to one or more entities
            other than the Corporation or a Subsidiary of fifty percent 50% or
            more of the assets (measured by book value) comprising the retail
            banking, mortgage lending or mortgage servicing business of the
            Corporation and its Subsidiaries.

      2. Except as provided above, the Plan shall continue in full force and
effect.

      IN TESTIMONY WHEREOF, Essex Bancorp, Inc. has caused this Second Amendment
to the Plan to be executed in its name by its President this 23rd day of May,
1996.

                                       ESSEX BANCORP, INC.



                                       By: /s/ Gene D. Ross
                                           ---------------------------------
                                           Its:  President & CEO
<PAGE>

                                  EXHIBIT 14
                                 TO FORM 10-K OF
                           SEA PINES ASSOCIATES, INC.

                  CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS

      The Chief Executive Officer and the Chief Financial Officer of the Company
and the Chief Executive Officer, Chief Financial Officer and the Controller of
the Company's Subsidiaries have a special role which requires them to adhere to
ethical conduct and integrity generally, and to promote accurate, fair and
timely reporting of our Company's financial results and condition and other
information we release to the public and include in reports we file with the
Securities and Exchange Commission. Because of this special role, the Chief
Executive Officer and the Chief Financial Officer of the Company and the Chief
Executive Officer, Chief Financial Officer and the Controller of the Company's
Subsidiaries are bound by the following Code of Ethics, under which each agrees
that he or she shall:

-     Engage in and promote honest and ethical conduct, including the ethical
      handling of actual or apparent conflicts of interest between personal and
      professional relationships.

-     Provide information within the scope of his or her duties in a manner
      which promotes full, fair, accurate, timely and understandable disclosure
      in reports and documents that the Company files with, or submits to,
      government agencies and in the Company's other public communications.

-     Comply with all applicable rules and regulations of federal, state and
      local governments and regulatory agencies.

-     Carry out his or her duties in good faith, responsibly, and with due care,
      competence and diligence.

-     Take all reasonable measures to protect the confidentiality of non-public
      information about the Company or its Subsidiaries and their customers and
      vendors obtained or created in connection with his or her activities, and
      to prevent the unauthorized disclosure of such information unless required
      by applicable law or regulation or legal or regulatory process.

-     Promptly report to the Chairman of the Audit Committee any conduct that he
      or she believes to be, or would give rise to, a violation of law or of any
      provision of this Code of Ethics or the Company's Code of Ethical Business
      Conduct.

      It is against the Company's policy to retaliate against any employee for
the good faith reporting of violations of this Code of Ethics. Violations of
this Code of Ethics, including failures to report potential violations by
others, will be viewed as a severe disciplinary matter that may result in
personnel action, including termination of employment.