alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Parley MORTENSON et al., Plaintiffs and Respondents, v. PROFESSIONAL UNITED REALTY et al., Defendants and Appellants.

No. 13476.

Supreme Court of Utah.

June 27, 1974.

Earl S. Spafford, Spafford & Young, Salt Lake City, for defendants and appellants.

E. J. Skeen, Skeen & Skeen, Milo S. Marsden, Jr., Salt Lake City, for plaintiffs and respondents.

*1230HENRIOD, Justice:

Appeal from the dismissal of a counterclaim for a real estate commission. Affirmed with costs to plaintiffs.

This case was before us on appeal in 1968 where plaintiffs sought and recovered a declaratory judgment for breach of contract in the trial court. We affirmed that judgment in Mortenson v. Financial Growth, 23 Utah 2d 54, 456 P.2d 181, 1969, but returned the case for trial as to the counterclaim. The trial court rendered judgment on the counterclaim in favor of defendants, but after re-examining the case, granted a timely motion for a new trial. After the trial, the counterclaim was dismissed, from which action the present appeal sprang. The decision was one based almost entirely on factual matters, which impels us to examine this case in a light favorable to the judgment if reasonably they support it by competent, admissible and believable evidence. We think they do.

This case involves the usual earnest money agreement vehicle that wheels and deals itself into a quagmire of contradictions, accompanied by different factual versions anent the “ready, able and willing” syndrome. The time for the effectiveness of hoped-for contract passed, the title, mineral rights, etc. were bones of contention, and the record does not seem to reflect any firm understanding or manifestation of mutual assent. The matter dragged along, punctuated by negotiation, offer and counter-offer. Defendant received and pocketed about $2,100 to apply on its commission, — if it was entitled thereto, — about which no one seems to complain, including this court.

Having decided as the trial court did, and having decided as we have in affirming that decision, we conclude that the points on appeal that 1) there was a willing buyer, 2) that the buyer, not the seller, was not responsible for any commission and that 3) defendants had an interest in a $3,000 down payment are without merit,— and particularly that 3) flies in the teeth of our decision in the earlier Mortenson case cited above.

Any further protraction by recital of more controverted facts would seem to serve no useful purpose.

CALLISTER, C. J., and ELLETT, CROCKETT and TUCKETT, JJ., concur.
Exhibit 32.2


CERTIFICATIONS 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 Perfumania Holdings, Inc. (the “Company”) on Form 10-Q for the period ended July 28, 2012 as filed with the Securities and Exchange Commission (the “Report”), I, Donna L. Dellomo, 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, to my knowledge:


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

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




By:By: /S/ Donna L. DellomoDonna L. DellomoChief Financial OfficerSeptember 11, 2012
EXHIBIT 32.2 -- Section 906 Certification of ChiefFinancial Officer

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of SBS Technologies, Inc. (the"Company") on Form 10-Q for the fiscal quarter ended December 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof, (the"Report"), I, James E. Dixon, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 ofthe Sarbanes-Oxley Act of 2002, that:

(1)	The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and 

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

/s/ James E. Dixon, Jr.

James E. Dixon, Jr.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

TYRELL A. DERONVILLE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D16-4326

[October 4, 2018]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Charles E. Burton, Judge; L.T. Case No. 13CF011618AMB.

David J. Joffe of Joffe Law, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DAMOORGIAN, CIKLIN and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00004

- CR

Nelson Adjimiro COLLAZO

, Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2008CR0917

Honorable Mary D. Roman, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE MARION , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the judgment of the trial court is

AFFIRMED.

SIGNED June 26, 2013.

_____________________________ Patricia O. Alvarez, Justice
USDA 

~ 

Unltod Statos 

Oepartmenl ol 

Agriculture 

Office of the Secretary 

Washington, DC 20250 

UNITED STATES 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

Washington, DC 20250 

INVASIVE PLANT PEST AND DISEASE AWARENESS MONTH 

APRIL 2024 

By the Secretary of Agriculture of the United States of America 

A PROCLAMATION 

WHEREAS the human-assisted introduction and spread of invasive plant pests and diseases pose a 

great risk to our Nation's natural resources and food crops, threaten American livelihoods and our 

way of life; and 

WHEREAS by raising awareness of these economically and environmentally devastating plant pests 

and diseases, individuals can take simple steps to avoid accidentally spreading them to new places; 

and 

WHEREAS spring marks the emergence of invasive pests that hide in firewood or attach 

to outdoor items; hitchhike on cars, trucks, boats, and campers; or spread on homegrown fruit, 

vegetables, and plants sent through the mail, carried on a flight, or given as gifts; and 

WHEREAS climate change has increased the prevalence of plant pest infestations and disease, 

allowed pests to produce more generations each year, extended their suitable habitat, and increased 

the risk to plants; and 

WHEREAS this is an opportunity for the public to join forces with the plant health protection 

community, including Federal and State agencies, local governments, Tribal Nations, businesses, 

industry, environmental groups, schools, and community organizations to reduce the spread of 

invasive pests; 

NOW, THEREFORE, I, Secretary of Agriculture Thomas J. Vilsack, do hereby proclaim the 

month of April 2024 as Invasive Plant Pest and Disease Awareness Month. I encourage U.S. 

residents to learn more about how plants contribute to our daily lives and how invasive insects and 

plant diseases impact the plants on which we depend, as well as our environment and the economy. 

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of April 2024, the two-hundred 

forty-eighth year of the Independence of the United States of America. 

THOMAS J. VILSACK 

Secretary
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 649 Engrossed in House (EH)]

<DOC>
H. Res. 649

                In the House of Representatives, U. S.,

                                                        March 17, 2016.
    Resolved, That upon adoption of this resolution it shall be in order without 
intervention of any point of order to consider in the House the resolution (H. 
Res. 639) authorizing the Speaker to appear as amicus curiae on behalf of the 
House of Representatives in the matter of United States, et al. v. Texas, et 
al., No. 15-674. The resolution shall be considered as read. The previous 
question shall be considered as ordered on the resolution to its adoption 
without intervening motion or demand for division of the question except: (1) 
one hour of debate equally divided and controlled by chair and ranking minority 
member of the Committee on Rules; and (2) one motion to recommit.
            Attest:

                                                                          Clerk.
```
Electronically Filed 

Supreme Court 

SCWC-14-0001053 

13-JUN-2017 

01:16 PM 

SCWC-14-0001053
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
 

STATE OF HAWAI'I,


Petitioner/Plaintiff-Appellee,
 

vs.
 

TANNER KEAWE AYAU,


Respondent/Defendant-Appellant.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CAAP-14-0001053; CASE NO. 3DTC-14-050186)
 

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI
 

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
 

Petitioner/Plaintiff-Appellee State of Hawaii’s 

application for writ of certiorari filed on May 10, 2017, is 

hereby rejected. 

DATED: Honolulu, Hawai'i, June 13, 2017. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack 

/s/ Michael D. Wilson
<PAGE>

                                                                      Exhibit 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Cornerstone Realty Income Trust, Inc. of our report dated February 6, 2002
included in the 2001 Annual Report to Shareholders of Cornerstone Realty Income
Trust, Inc.

Our audits also included the financial statement schedule of Cornerstone Realty
Income Trust, Inc. listed in Item 14(a). This schedule is the responsibility of
the Company's management. Our responsibility is to express an opinion based on
our audits. In our opinion, the financial statement schedule referred to above,
when considered in relation to the basic financial statements taken as a whole,
presents fairly in all material respects the information set forth therein.

We also consent to the incorporation by reference in the following Registration
Statements and related Prospectuses of Cornerstone Realty Income Trust, Inc. of
our reports dated February 6, 2002, with respect to the consolidated financial
statements of Cornerstone Realty Income Trust, Inc. incorporated by reference in
this Annual Report (Form 10-K) for the year ended December 31, 2001 and the
related financial statement schedule included therein, filed with the Securities
and Exchange Commission:

Registration Statement Number                      Description
-----------------------------                      -----------

          333-24871               Form S-8, pertaining to the Company's 1992
                                  Non-Employee Directors Stock Option Plan,
                                  Special Non-Employee Directors Stock Option
                                  Plan and Non-Employee Directors Fees Plan

          333-24875               Form S-8, pertaining to the Company's 1992
                                  Incentive Plan

          333-34441               Form S-3, Shelf Registration Statement,
                                  pertaining to the registration of $200
                                  million of Common Shares, Preferred Shares
                                  and Debt Securities

          333-65576               Form S-3, pertaining to the Company's Dividend
                                  Reinvestment and Share Purchase Plan

          333-56024               Form S-4, pertaining to the Company's Exchange
                                  Offer for all outstanding Series A Convertible
                                  Preferred Shares


                                  /s/ Ernst & Young LLP

Richmond, Virginia
March 26, 2002
Exhibit 23

CONSENT OF INDEPENDENT AUDITORS

To
Board of Directors
Williams Controls, Inc:

We
consent to the incorporation by reference in the registration statements (Nos. 333-42232, 333-43006, 333-59397, and 333-90565, on
Form S-3 and No. 333-56591 on Form S-8) of Williams Controls, Inc. of our report dated December 19, 2003, with respect to the
consolidated balance sheets of Williams Controls, Inc. as of September 30, 2003 and 2002, and the related consolidated statements of operations, shareholders' equity (deficit), cash
flows, and comprehensive loss for the years ended September 30, 2003 and 2002, which report appears in the September 30, 2003 annual report on Form 10-K of Williams
Controls, Inc.

In
fiscal year 2003, the Company adopted Statement of Financial Accounting Standard No. 150, as discussed in Note 15 to the consolidated financial statements. In addition,
as discussed in Note 8 to the consolidated financial statements, in fiscal year 2002, the Company adopted early application of Statement of Financial Accounting Standard No. 145.

/s/
KPMG LLP

Portland,
Oregon
December 19, 2003

---

QuickLinks
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2024-1137

_____________________________

K.W., Mother of A.G., A Minor 

Child,

Appellant,

v.

FLORIDA DEPARTMENT OF 

CHILDREN AND FAMILIES,

Appellee.

_____________________________

On appeal from the Circuit Court for Washington County.

Timothy Register, Judge.

September 9, 2024

PER CURIAM.

DISMISSED. N.S.H. v. Dep’t of Child. & Fam. Servs., 843 So. 2d 

898 (Fla. 2003) (approving procedure that includes dismissal 

when, after counsel withdraws, the appellant fails to timely file his 

or her own brief in support of appeal of termination of parental 

rights).

LEWIS, ROBERTS, and BILBREY, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

K.W., pro se, Appellant.

Sarah J. Rumph, Appellate Counsel, Children’s Legal Services, 

Tallahassee, for Appellee; Sara Elizabeth Goldfarb, Statewide 

Director of Appeals, and Caitlin E. Burke, Senior Attorney, 

Appellate Division, Statewide Guardian ad Litem, Tallahassee.
# C_2020414EN.01000301.xml

| 30.11.2020 | EN | Official Journal of the European Union | C 414/3 |
| --- | --- | --- | --- |

30.11.2020

EN

Official Journal of the European Union

C 414/3

---

Judgment of the Court (Grand Chamber) of 6 October 2020 — Bank Refah Kargaran v Council of the European Union, European Commission

(Case C-134/19 P) (1)

(Appeal - Common foreign and security policy (CFSP) - Article 29 TEU - Article 215 TFEU - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources - Action for damages - Jurisdiction of the Court to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Inadequate statement of reasons for legal acts imposing restrictive measures)

(2020/C 414/03)

Language of the case: French

Parties

Appellant: Bank Refah Kargaran (represented by: J.-M. Thouvenin and I. Boubaker, lawyers)

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents), European Commission (represented initially by: R. Tricot, C. Zadra and A. Tizzano, and subsequently by L. Gussetti, A. Bouquet, R. Tricot and J. Roberti di Sarsina, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Bank Refah Kargaran to pay, in addition to its own costs, the costs incurred by the Council of the European Union; |
| --- | --- |

2.

Orders Bank Refah Kargaran to pay, in addition to its own costs, the costs incurred by the Council of the European Union;

| 3. | Orders the European Commission to bear its own costs. |
| --- | --- |

3.

Orders the European Commission to bear its own costs.

---

(1)  OJ C 172, 20.5.2019.

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

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                          68,931
<SECURITIES>                                         0
<RECEIVABLES>                                  533,319
<ALLOWANCES>                                    22,562
<INVENTORY>                                  1,017,782
<CURRENT-ASSETS>                             1,624,654
<PP&E>                                         114,979
<DEPRECIATION>                                  47,517
<TOTAL-ASSETS>                               1,745,040
<CURRENT-LIABILITIES>                        1,130,099
<BONDS>                                        589,819
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           271
<OTHER-SE>                                      14,040
<TOTAL-LIABILITY-AND-EQUITY>                 1,745,040
<SALES>                                      7,815,942
<TOTAL-REVENUES>                             7,815,942
<CGS>                                        7,428,466
<TOTAL-COSTS>                                7,428,466
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 6,587
<INTEREST-EXPENSE>                              41,581
<INCOME-PRETAX>                                 78,032
<INCOME-TAX>                                    30,583
<INCOME-CONTINUING>                             47,449
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (1,982)
<CHANGES>                                            0
<NET-INCOME>                                    45,467
<EPS-PRIMARY>                                     1.87
<EPS-DILUTED>                                     1.86
        

</TABLE>
EXHIBIT 32.1

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 Genaera Corporation (the Company) on Form 10-Q for the period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John L. Armstrong,
Jr., President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ John L. Armstrong, Jr.           
|John L. Armstrong, Jr.               
|President and Chief Executive Officer
|August 11, 2008
# C_2021481EN.01000302.xml

| 29.11.2021 | EN | Official Journal of the European Union | C 481/3 |
| --- | --- | --- | --- |

29.11.2021

EN

Official Journal of the European Union

C 481/3

---

Judgment of the Court (Grand Chamber) of 6 October 2021 — World Duty Free Group SA, formerly Autogrill España SA (C-51/19 P), Kingdom of Spain (C-64/19 P) v European Commission, Federal Republic of Germany, Ireland

(Joined Cases C-51/19 P and C-64/19 P) (1)

(Appeal - State aid - Article 107(1) TFEU - Tax system - Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State - Concept of ‘State aid’ - Condition relating to selectivity - Reference system - Derogation - Difference in treatment - Justification for the difference in treatment)

(2021/C 481/04)

Language of the case: Spanish

Parties

Appellants: World Duty Free Group SA, formerly Autogrill España SA (represented by: J.L. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, abogados) (C-51/19 P), Kingdom of Spain (represented: initially by A. Rubio González and A. Sampol Pucurull, and subsequently by S. Centeno Huerta and S. Jiménez García, Agents) (C-64/19 P)

Other parties to the proceedings: European Commission (represented by: R. Lyal, B. Stromsky, C. Urraca Caviedes and P. Němečková, Agents), Federal Republic of Germany (represented by: J. Möller and R. Kanitz, Agents), Ireland

Operative part of the judgment

The Court:

| 1. | Dismisses the appeals; |
| --- | --- |

1.

Dismisses the appeals;

| 2. | Orders World Duty Free Group SA and the Kingdom of Spain to bear their own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders World Duty Free Group SA and the Kingdom of Spain to bear their own costs and to pay those incurred by the European Commission;

| 3. | Orders the Federal Republic of Germany to bear its own costs. |
| --- | --- |

3.

Orders the Federal Republic of Germany to bear its own costs.

---

(1)  OJ C 112, 25.3.2019.

---