alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Matter of the Trust under the Last WILL and Testament of Andrew JACKSON, Deceased, William Rudolph Luna, Trustee.

No. 7542.

Springfield Court of Appeals. Missouri.

Oct. 20, 1956.

Esco V. Kell, West 'Plains, for appellant.

• H.' D. Green, Green & Green, Robert E. Hogan,’Hógan & Hogán, West Plains,-for respondent. ' ■ • '■ .

RUARK, Judge.

This appeal, so wé as'sume from the brief of appellant, is a separate sprout growing from the roots of the controversy which resulted in our decision in In re Jackson’s Will, Mo.App., 291 S.W.2d. 214, Therein we held the acceptance of resignation of a trustee and appointment of a successof trustee, without notice to an interested party litigant, was error.- Respondent here has filed motion to dismiss the appeal.

The notice of appeal in this case is dated February 29, 1956, and states that it is from the judgment and order of the judge of the trial court, on that same date. No transcript has been filed on this appeal, nor has a’certified copy of the judgment-or order appealed from been presented. Only, by referring to appellant’s brief do we gather that,-the controversy: is over the allowance to the trustee of -attorney’s fees in unsuccessfully resisting the appeal from the order of the court refusing to set aside the appointment of such'trustee. An examination of the transcript in the former case, which former transcript is dated November 5, 1955, shows that it contains nothing whatsoever concerning the application for or the'allowance of attorney’s fees.

The statute, ' section 512.110 RSMo 1949, V.A.M.S., find Supreme Court Rule 1'.04, 42 V.A.M.S., require that the 'appellant shall cause'a transcript to be prepared and filed, which transcript’shall contain' all of the record, proceedings' and evidence necessary to'the determination of all the questions to be preséríted. Obviously we cannot accept the’ statements tríade in the brief of'one'party as a substitute for this requirement E. C. Robinson Lumber Co. v. Lowrey, Mo.App., 276 S.W.2d 636; Real Estate Inv. Co. v. Winn, 233 Mo.App. *26,*116 S.W.2d 550, 554. The appellant has come here empty-háfided", theré' is nothing ‘before the court fop review, arid Supreme Court Rule L15‘, 42 VVA.MiS., requires 'that the respondent’s motion be sustained. See *954Fulton v. City of Lockwood, Mo.Sup., 269 S.W.2d 1; Brand v. Brand, Mo.Sup., 245 S.W.2d 94.

The appeal is dismissed.

McDOWELL, P. J., and STONE, J., concur.
From: Fisher, Brian To: "aaron_L_szabo@omb.eop.gov" Cc: Risley, David Subject: EPA Response to the Summary of Interagency Comments under EO12866 and 13563: Interstate Transport Rule for the 2008 Ozone NAAQS (RIN 2060-AS05) Date: Tuesday, October 27, 2015 6:42:00 PM Attachments: EPA Response to Summary of Interagency Comments Under EO12866_13563 EPA CSAPR Update NPR.pdf

Hi Aaron,

Please find EPA responses to the summary of interagency comments under EO12866 and 13563: Interstate Transport Rule for the 2008 Ozone NAAQS (RIN 2060-AS05) attached.

Thanks

Brian Fisher Policy Analyst Clean Air Markets Division (202) 343-9633
EXHIBIT 32

                          CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION1350,
                           AS ADOPTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the amended Quarterly Report of Take A Ride, Inc.
(the "Company")  on  Form 10-QSB/A  for  the period ended March  31, 2003, as
filed  with  the  Securities  and Exchange Commission on the date hereof (the
"Report"), I,  Anthony N. DeMint,  President  and Chief Accounting 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; 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/ Anthony DeMint
                              Anthony N. DeMint
                              President and Chief Accounting Officer
                              August 28, 2003
<PAGE>   1


                                   EXHIBIT 23



                   GLEIBERMAN SPEARS SHEPHERD & MENAKER, P.A.

                        CONSENT OF INDEPENDENT AUDITORS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 333-70511 and No. 333-70513) of McRae Industries,
Inc. and subsidiaries of our report dated October 6, 1999 on the consolidated
financial statements and financial statement schedule of McRae Industries, Inc.
and subsidiaries included in its Annual Report on Form 10-K for the year ended
July 31, 1999.



/s/Gleiberman Spears Shepherd & Menaker, P. A.

Charlotte, North Carolina
October 28, 1999


                                                                              45
**EXHIBIT32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

 

**ASADOPTED PURSUANT TO**

 

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report on Form 10-Q of Genaissance Pharmaceuticals, Inc. (the“Company”) for the quarter ended March 31, 2004, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), the undersigned,Kevin Rakin, Chief Executive Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, that:

 

(1)  the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|                                            | /s/ Kevin Rakin         |   |
|-------------------------------------------------|-------------------------|--------|
| Date:     May 17, 2004 | Kevin Rakin             |
|                                            | Chief Executive Officer |

 

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


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       1,018,468
<SECURITIES>                                         0
<RECEIVABLES>                                   24,417
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,051,778
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,261,622
<CURRENT-LIABILITIES>                           39,563
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,815
<OTHER-SE>                                   2,170,920
<TOTAL-LIABILITY-AND-EQUITY>                 1,261,622
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  784,452
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (22,315)
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (762,137)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (762,137)
<EPS-BASIC>                                      (0.07)
<EPS-DILUTED>                                    (0.07)



</TABLE>
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 17-12496

Non-Argument Calendar

________________________

D.C. Docket No. 2:16-cr-00011-LGW-RSB-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HOMER BERRYHILL,

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(February 1, 2018)

Before WILSON, JORDAN and BLACK, Circuit Judges.

PER CURIAM:

Marvin Paul Hicks, III, appointed counsel for Homer Berryhill in this direct 

criminal appeal, has moved to withdraw from further representation of the 

Case: 17-12496 Date Filed: 02/01/2018 Page: 1 of 2 
2

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). 

Our independent review of the entire record reveals that counsel’s assessment of 

the relative merit of the appeal is correct. Because independent examination of the 

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is 

GRANTED, and Berryhill’s convictions and sentences are AFFIRMED. 

Accordingly, we DENY all remaining motions as moot. 

Case: 17-12496 Date Filed: 02/01/2018 Page: 2 of 2
Exhibit 32.2

THE COAST DISTRIBUTION SYSTEM, INC.

Annual Report on Form 10-K

for the Year ended December 31, 2009

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, hereby certifies that: (i) the Annual Report of The Coast Distribution System, Inc. (the
Company), for the year ended December 31, 2009, filed on Form 10-K with the Securities and Exchange Commission (the Annual Report), to which this Certification is an Exhibit, fully complies with the applicable
requirements of Section 13(a) or 15(d) of the Exchange Act; and (ii) the information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |  |  |  |  |                                                                                                                                                                                                                                                                            
|-------------------- |  |  |  |  |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Date: March 31, 2010 |  |  |  |  |  | /s/    SANDRA A. KNELL                                                                                                                                                                                                                                                     
|                     |  |  |  |  |  | Sandra A. Knell, Executive Vice President                                                                                                                                                                                                                                  
|                     |  |  |  |  |  | and Chief Financial Officer                                                                                                                                                                                                                                                
|                     |  |  | 
|                     |  |  |  |  |  | A signed original of this written statement required by Section 906 has been provided to The Coast Distribution System, Inc. and will be retained by The Coast Distribution
System, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
### MA**TERIA LS NOT INCLUDED IN** 

**AI RWORTHINESS DIRECTIVE (A**  **D) DOCKET**

FAA - 2011 - 1408 Docket Number

2008 - SW - 10 - AD Directorate Identifier Name/Description of Item(s) Not Included in DMS Docket and Maintained

in the Supplemental AD Docket Alert Service Bulletin, Revision 1, dated March 22, 2007, with 3 different numbers (Nos. 76.00.04, 76.00.03, and 76.03).
**MA Y BE VIEWED AT:**  Federal Aviation Administration

Office of the Regional Counsel, Southwest Region Rules Docket 2601 Meacham Blvd., Room 663 Fort W orth, Texas 76137 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
#### Amos ALLEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Oct. 28, 1955.

*719P. H. Vincent, Ashland, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

PER CURIAM.

Motion for an appeal from the Boyd Circuit Court by Amos Allen from a judgment convicting him of the offense of assault and battery, and fixing his punishment at a fine of $500 and confinement in jail for a period of 60 days.

A consideration of the record and of the points raised in appellant’s brief has failed to disclose any error prejudicial to appellant’s substantial rights and the judgment is therefore affirmed.
Opinion issued April 3, 2014

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-13-00699-CV

———————————

UMAWA IMO, Appellant

V.

PRINCE UCHECHI NWAKANMA AND PRINCE & ASSOCIATES, P.C., 

Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Case No. 2012-32324

MEMORANDUM OPINION

Appellant, Umawa Imo, has filed an agreed motion to dismiss. See TEX. R.

APP. P. 42.1(a)(1). No opinion has issued. More than 10 days have passed and no 

party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). 
2

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.2(a), 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Massengale and Huddle.
Exhibit 32.1

                         POWER SAVE INTERNATIONAL, INC.
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report of Power Save International, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Russell
L. Smith, the President, Chief Financial Officer and Director of the Company,
hereby certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2003, 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/ RUSSELL L. SMITH
------------------------------
Russell L. Smith President, Chief Financial Officer
(Principal Accounting Officer) and Director
November 15, 2004

The foregoing certifications are made solely for the purpose of 18 U.S.C.
Section 1350, subject to the knowledge standard contained therein, and not for
any other purpose.
CERTIFICATION PURSUANT TO SECTION
                          302 OF THE SARBANES OXLEY ACT


I, Bertram Cutler, certify that:

1. I have  reviewed  this  quarterly  report on Form  10-QSB of  Global Assets
& Services, Inc.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
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 annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures 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 quarterly report is being prepared;

b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures  as of a date  within  90  days  prior  to the  filing  date  of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

<PAGE>

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
quarterly report whether there were significant  changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date: August 11, 2003


/s/Bertram Cutler
-----------------------
Bertram Cutler, President, CEO & CFO
Exhibit
32



Section
1350 Certifications





Pursuant to 18 U.S.C.
§ 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of IsoRay, Inc.,
a Minnesota corporation (the Company), hereby certify that:



To my knowledge, the Annual Report on Form
10-K of the Company for the annual period ended June 30, 2012 (the Report) fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.







Dated:
September 28, 2012



| | /s/ Dwight Babcock           
| | -----------------------------
| | Dwight Babcock               
| | Chief Executive Officer      
| | (Principal Executive Officer)



Dated:
September 28, 2012

| |                                             
| | --------------------------------------------
| | /s/ Brien L. Ragle                          
| | Brien l. ragle                              
| | Controller                                  
| | (Principal Financial and Accounting Officer)
#### Olin N. JAYE, Appellant, v. TEXAS CONSOLIDATED OILS et al., Appellees.

No. 15055.

Court of Civil Appeals of Texas. Dallas.

Feb. 3, 1956.

Sessions, Hoffman & Sessions, Dallas, for appellant.

Carrington, Gowan, Johnson, Walker & Bromberg, Hubert Johnson, Johnson & Abney, W; B. Harrell and Morris Harrell, Dallas, for appellees.

DIXON, Chief Justice.

We permitted the filing of the record in this case over the objections of appellees that the record was filed late and in violation of Rule 386 T.R.C.P. Appellees have again raised the issue in point one of their brief on appeal.

The material facts are undisputed. The judgment of the trial court is dated April 15, 1955. ' Appellant did not file with the District Clerk his request for a transcript until June 16, 1955 — two days after the expiration of the sixty-day period allowed under Rule 386 T.R.C.P. for filing the record in this Court.

Appellant does not attempt to explain his failure earlier to request a transcript. However after the rendition of judgment he - changed attorneys, though' it is not shown exactly when he made the change. His new counsel, who was attempting to perfect an appeal, was not the attorney who had tried the case.

*689On June 29, 1955 appellant filed his motion for an extension of time to file a transcript. As grounds appellant stated that three documents, one of which was appellant’s second amended original petition, were in the hands of two attorneys, and could not be made available for the timely preparation of the transcript.

But an affidavit by a deputy district clerk, attached to appellees’ contest of appellant’s motion, states that two of the documents were produced by one attorney immediately upon request by the District Clerk, and the other document, the amended petition, was produced by the other attorney within four days after request was made. The transcript was completed and ready for filing in this Court within thirteen days after June 16, 1955, the date appellant filed his request for a transcript.

Rule 386 T.R.C.P. as interpreted by our Supreme Court permits Courts of Civil Appeals very little discretion in the matter of allowing a late filing of a record. In Matlock v. Matlock, 151 Tex. 308, 249 S.W.2d 587, the Supreme Court dismissed an appeal, thereby reversing a Court of Civil Appeals which had sustained a motion for an extension of time under the rule. We quote from the opinion at page 590 of 249 S.W.2d: * by granting additional time within which to file a motion for permission to file a transcript after the sixty-day period, the Legislature intended to restrict, the meaning of ‘good cause’ to cases in which the appellant *could not*file the transcript within the sixty-day period. Obviously, the restriction left the Court of Civil Appeals with but little discretion in determining whether or not to permit the late , filing - of a transcript.” (Emphasis supplied.) See also Rigdon v. Panhandle Pub. Co., Tex.Civ.App., 233 S.W.2d 230.

Under the undisputed facts before us and in the light of the above holdings, we see no alternative but to sustain ap-pellees’ point one.

The appeal, is dismissed. ,
#### ANTHONY HENDERSON *v.*CITY OF NEW HAVEN ET AL.

(14144)

Dupont, C. J., and Schaller and Spallone, Js.

Argued February 16

decision released March 12, 1996

*Katrena Engstrom,*with whom, on the brief, was *John R. Williams,*for the appellant (plaintiff).

*Patricia A. Cofrancesco,*deputy corporation counsel, for the appellees (defendants).

PER CURIAM.

The judgment is affirmed.