alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ralph Funaro, an Infant, by His Guardian ad Litem, Julio Funaro, et al., Plaintiffs, *v.*Edward Houston, Doing Business as Ridgewood Auto Laundry, Defendant.

Supreme Court, Special Term, Kings County,

October 15, 1959.

*Martin A. Crean*for defendant.

*Benjamin Harmats*for plaintiffs.

Benjamin Brenner, J.

Defendant moves to dismiss the complaint pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice, contending that there is presently pending in the Municipal Court another action between the same parties for the same cause.

Plaintiffs concede that the causes are the same but they argue that the parties are different. They began an action against two persons, other than Houston, doing business as Ridgewood Auto Laundry, these persons being listed as the only partners on the “ certificate for partners ” filed in the County Clerk’s office at that time. Subsequently plaintiffs learned that Houston was one of the partners and they then commenced this action against him, doing business as Ridgewood Auto Laundry.

The defendant argues that even though the persons named are different, both actions are in reality against the partnership and therefore the prior action will dispose of the entire litigation. The plaintiffs urge that since the persons named are different both actions are maintainable.

While the persons named are different it is the partnership that is sued in both actions, not the individual partners. Though it has long been the rule that a partnership is not, in the eyes of the law, an entity separate from its members, the Legislature has seen fit to recognize partners as legal entities for procedural purposes (Civ. Prac. Act, § 222-a; *Ruzicka*v. *Rager,*305 N. Y. 191; Eleventh Annual Report of N. Y. Judicial Council, 1945, p. 221 *et seq.).*

*1079If the plaintiffs were to recover a judgment in the Municipal Court action they would be adequately protected even though Houston is not a defendant therein. Such a judgment could be entered against all the partners (Civ. Prac. Act, § 1197) but could only be satisfied out of the partnership assets and the individual assets of the partners who were served (Civ. Prac. Act, § 1199). However, the plaintiffs are further protected by section 1201 of the Civil Practice Act which allows them to bring a separate action against a partner who was not served if the judgment cannot be satisfied from the partnership assets and the individual assets of the partners actually served.

On the other hand, if the defendants in the Municipal Court action were to recover judgment it would be a bar to any suit by plaintiffs against Houston since obviously the liability for tort occasioned through the conduct of the partnership which the plaintiffs are there seeking to establish would be the identical liability sought to be determined here against one of such partners. The motion is granted.

Settle order on notice.
```

[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[Senate]
[Pages S6102-S6103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       TRIBUTE TO MICHAEL DONOHOE

 Ms. KLOBUCHAR. Mr. President, today I wish to recognize a 
fellow Minnesotan, Mr. Michael Donohoe, as he nears the end of his term 
as the 107th chairman of the nation's largest insurance association, 
the Independent Insurance Agents & Brokers of America, IIABA. Mike is 
principal of the James R. Weir Insurance Agency in Mankato, MN, and was 
installed as the association's chairman last September.
  Mike has contributed to the independent agency system in a variety of 
ways at the State and national level, including serving as the 
Minnesota Independent Insurance Agents & Brokers, MIIAB, president and 
as the organization's representative on the National Board of 
Directors. He is a former MIIAB Agent of the Year.
  In 2005, Mike received the Woodworth Memorial, the highest honor the 
Big ``I'' awards to an agent which is presented annually to the Big 
``I'' member who best demonstrates outstanding service benefiting 
independent insurance agents and the entire insurance industry. He is 
the only Minnesotan ever to be awarded the Woodworth Memorial. Amongst 
his many other accomplishments at the Big ``I,'' he was instrumental to 
the success of the Big ``I'' Virtual University and served as the chair 
of the VU Oversight Task Force from 2001 to 2006.
  Donohoe grew up in Lake Forest, IL, and is a graduate of St. Mary's 
College, in Winona, MN. He has been married to his wife Mary for more 
than 30 years, and they have four children: Katie, Gina, Meghan, and 
Patrick. I would like to commend Mike's commitment to his profession, 
his community, and our State of Minnesota, and I wish him and his 
family all the best in their future endeavors.

[[Page S6103]]

                          ____________________
```
<PAGE>

Exhibit 32


                            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 of Seamless Corporation (the
"Company") on Form 10-Q/A for the period ending March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Albert
Reda, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 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; and

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


/s/ Albert Reda
---------------
Albert Reda,
Chief Executive Officer and
Chief Financial Officer
July 17, 2009
IN THE SUPREME COURT OF THE STATE OF MONTANA No.DA 20-0519 NENA S. KRUGER,

Appellant, v. DALE R.KRUGER,

Appellee. mi AR 3 2021 Bowen Greenwood Clerk of Suprema Court State of Montana
ORDER Upon consideration ofAppellee's motion for extension of time, arid good cause appearing therefore, IT IS HEREBY ORDERED that Appellee is granted an extension oftime to and including April 12, 2021,within which to prepare, file, and serve the Opening Brief on appeal. 03/02/2021
Case Number: DA 20-0519
* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50121

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAIME TORRES-VILLEGAS, also known as

Oscar Torres-Villegas, also known as

Manuel Gutierrez-Ramirez, also known

as Miguel Garcia-Ramirez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-02-CR-313-1-OG

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

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

 Jaime Torres-Villegas appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Torres-Villegas contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element
No. 03-50121

-2-

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Torres-Villegas maintains that

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Torres-Villegas acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Exhibit 32.2

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350, as adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2010(the Report) of MCG
Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Stephen J. Bacica, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge,
pursuant to 18 U.S.C. Section 1350 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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ STEPHEN J. BACICAName:

Stephen J. BacicaTitle:

Chief Financial OfficerDate

May 4, 2010
Exhibit 13.2



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



I, Ricardo Ramos, Chief Financial Officer
of Sociedad Química y Minera de Chile S.A. (“SQM”), a corporation incorporated under the laws of the Republic
of Chile, 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 Annual Report of SQM on Form
                                         20-F for the fiscal year ended December 31, 2016, as filed with the Securities and Exchange
                                         Commission, 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
                                         Annual Report on Form 20-F fairly presents, in all material respects, the financial condition
                                         and results of operations of SQM.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|/s/
    Ricardo Ramos R.                                                       | 
|------------------------------------------------------------------------------ | 
|Name:  Ricardo Ramos R.                                                        | 
|Title:  Chief Financial Officer and Business Development Senior Vice President
|Date: April 26, 2017                                                           |
**Exhibit 32.1****SECTION 1350 CERTIFICATION**     In connection with the Quarterly Report of Huntington Preferred Capital, Inc. (the “Company”)on Form 10-Q for the quarter ending June 30, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Donald R. Kimble, President of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:          (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and          (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.      /s/ Donald R. Kimble          Donald R. Kimble       (chief executive officer)       August 12, 2005
Filed by Automated Filing Services Inc. (604) 609-0244 - Northern Dynasty Minerals Ltd. - Exhibit 10.1




CONSENT OF AUTHOR 







Derek Barratt, P.Eng.

  427 Silverdale Place

  North Vancouver, British Columbia 

  Canada V7N 2Z6 

  Email: ddbarratt@uniserve.com



US Securities and Exchange Commission



I, Derek Barratt, P.Eng., certify that I have read the written
  disclosure being filed and I do not have any reason to believe that there are
  any misrepresentations in the information derived from the Technical Report
  or that the written disclosure in the Form 20F of Northern Dynasty Minerals
  Ltd. contains any misrepresentation of the information contained in Technical
  Report “Preliminary Assessment of the Pebble Gold-Copper-Molybdenum Project”
  dated November 3, 2004.

I do hereby consent to the filing with the regulatory authorities.



  Dated this 21st day of March, 2005.

/s/ Derek Barratt

  Derek Barratt, P.Eng.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ENCORE ENTERPRISES, INC., 

A TEXAS CORPORATION, 

ENCORE BORDERPLEX, LLC, 

EMF GRAND MISSION 

INVESTMENTS, LP, AND

ENCORE MF SENDERO, L.P.,

 Appellants,

v.

BORDERPLEX REALTY TRUST, A

MARYLAND REAL ESTATE

INVESTMENT TRUST, AND

BRT REALTY OPERATING LIMITED

PARTNERSHIP,

 Appellees.

§

§

§

§

§

§

§

§

§

§

No. 08-17-00153-CV

Appeal from

County Court at Law No. 6

of El Paso County, Texas

(TC # 2016-DCV2446)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. We further order that Appellees 

recover from Appellants and its sureties, if any, see TEX.R.APP.P. 43.5, on the judgment and all 

costs, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 28TH DAY OF SEPTEMBER, 2018.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.

McClure, C.J., not participating
**EXHIBIT 32.2**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT**

August 13, 2007

U. S. Securities and Exchange Commission100 F Street, N. E.Washington, D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being submittedto the Securities and Exchange Commission solely for the purpose of complyingwith Section 1350 of Chapter 63 of Title 18 of the United StatesCode. This certification is not to be deemed to be filed pursuant to theSecurities Exchange Act of 1934 and does not constitute a part of the QuarterlyReport on Form 10-Q (the “Report”) accompanying this letter and isnot to be incorporated by reference into any filing, whether made before orafter the date hereof, regardless of any general incorporation language in suchfiling.

I, J. WilliamHolden, III, the Senior Vice President, Chief Financial Officer andTreasurer of Mirant Americas Generation, LLC (the “Company”), certifythat, subject to the qualifications noted below, to the best of my knowledge:

1.                the Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Mirant AmericasGeneration, LLC.
| Name:    |     | /s/ J. WILLIAM HOLDEN, III        |   |
|----------|----------|--------------------------------------------------|--------|
|     |     | J. William Holden, III                 |
| * * | * * | *Senior Vice President, Chief Financial Officer* |
| * * | * * | *and Treasurer*                                  |

 

A signed original of this written statement requiredby Section 906 has been provided to Mirant Americas Generation, LLCand will be retained by Mirant Americas Generation, LLC and furnished tothe Securities and Exchange Commission or its staff upon request.

----
Filed 10/3/16 P. v. Neuman CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.111.5. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

 Plaintiff and Respondent,

v.

ALAN RUSSELL NEUMAN,

 Defendant and Appellant.

2d Crim. No. B275620

(Super. Ct. No. 2014032494)

(Ventura County)

Alan Russell Neuman appeals his conviction by plea for failure to register 

as a sex offender after an address change (Pen. Code, § 290.013, subd. (a))

1 and 

admission that he suffered a prior strike conviction (§§ 667, subds. (c)(1) & (e)(1); 

1170.12, subds. (a)(1) & (c)(1)). The trial court granted a Romero motion (People v. 

Superior Court (Romero) (1996) 13 Cal.4th 497) to strike the prior strike conviction, 

suspended imposition of sentence, and granted appellant 36 months probation with 164 

days county jail. 

We appointed counsel to represent appellant in this appeal. After counsel’s 

examination of the record, counsel filed an opening brief in which no issues were raised.

On August 15, 2016, we advised appellant that he had 30 days within which to personally 

submit any contentions or issues he wished us to consider. We have received no response 

from appellant. 

 

1 All statutory references are to the Penal Code.
2

We have reviewed the entire record and are satisfied that appellant’s 

attorney has fully complied with his responsibilities and that no arguable issues exist. 

(People v. Wende (1979) 25 Cal.3d 436, 443.) The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P. J.

PERREN, J.
Henry J. Walsh, Judge

Superior Court County of Ventura

______________________________

Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff 

Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Respondent.
115TH CONGRESS 

1ST SESSION H. R. 452 

AN ACT 

To designate the facility of the United States Postal Service 

located at 324 West Saint Louis Street in Pacific, Missouri, as the ‘‘Specialist Jeffrey L. White, Jr. Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 452 EH

1 SECTION 1. SPECIALIST JEFFREY L. WHITE, JR. POST OF2 FICE. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 324 West Saint Louis Street in 

5 Pacific, Missouri, shall be known and designated as the 

6 ‘‘Specialist Jeffrey L. White, Jr. Post Office’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Specialist Jeffrey L. 

11 White, Jr. Post Office’’. 

Passed the House of Representatives October 11, 

2017. 

Attest: 

Clerk. 

115TH CONGRESS 

1ST SESSION H. R. 452 

AN ACT 

To designate the facility of the United States PostWhite, Jr. Post Office’’. in Pacific, Missouri, as the ‘‘Specialist Jeffrey L. al Service located at 324 West Saint Louis Street
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<FISCAL-YEAR-END>       DEC-30-1995
<PERIOD-START>          JAN-01-1995
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