alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 02-386 IN THE SUPREME COURT OF THE STATE OF MONTANA 2003 MT 126N
LEAH RAE NOLLMEYER, FLOYD G. NOLLMEYER and KATHRYN NOLLMEYER, Plaintiffs and Appellants,

v. CHARLES T. BURTON, Defendant and Respondent.

APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, Cause No. BDV 01-339 The Honorable Wm. Nels Swandal, Judge presiding.

COUNSEL OF RECORD: For Appellants: Leah Nollmeyer, Floyd Nollmeyer, Kathryn Nollmeyer ( Pro Se ) Wilsall, Montana For Respondent: Joseph T. Swindlehurst; Huppert & Swindlehurst, Livingston, Montana
Submitted on Briefs: February 20, 2003 Decided: April 29, 2003 Filed:

__________________________________________ Clerk2 Chief Justice Karla M. Gray delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court. ¶2 Leah Rae Nollmeyer, Floyd G. Nollmeyer and Kathryn Rae Nollmeyer (Nollmeyers) appeal from the judgment entered by the Sixth Judicial District Court, Park County, in this action based on a sale of real property. We affirm. ¶3 While the Nollmeyers set forth nine issues on appeal, the dispositive issue is whether substantial credible evidence supports the District Court's findings that the property Charles T. Burton purchased from the No llmeyers included all of Section 27, Township 4 North, Range 9 East, P.M.M., Park County, Montana, except that portion located in the SE 1⁄4 of Section 27 east of the county road. ¶4 We have determined to decide this case pursuant to our Order dated February 11, 2003, amending Section 1.3 of our 1996 Internal Operating Rules and providing for memorandum opinions. On the face of the briefs and the record on appeal before us, it is manifest that the appeal is without merit because the issues are clearly controlled by settled Montana law which the District Court has correctly interpreted and because there is clearly sufficient evidence to support the District Court's findings of fact. ¶5 We affirm the judgment of the District Court.3 /S/ KARLA M. GRAY

We concur: /S/ PATRICIA COTTER /S/ JAMES C. NELSON /S/ W. WILLIAM LEAPHART /S/ JIM RICE
EXHIBIT 32

                            SECTION 906 CERTIFICATION

<PAGE>


Exhibit 32

                     CERTIFICATION OF DISCLOSURE 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 Jointland  Development,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report") I, Kexi Xu,
Acting  Chief  Financial  Officer of the  Company,  certify,  pursuant to 18 USC
section 1350, as adopted  pursuant to section 906 of the  Sarbanes-Oxley  Act of
2002, that to the best of my knowledge and belief:

         (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.

Dated: May 13, 2005

/s/ Kexi Xu
---------------------
Kexi Xu,
Acting Chief Financial Officer


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
#### Jennie ROSS, Appellant, v. Lois PUGH, Executrix of the Estate of Edward E. Pugh, Deceased, Respondent.

No. 22118.

Kansas City Court of Appeals. Missouri.

Feb. 7, 1955.

Blackford & Compton, J. William Black-ford, Charles N. Compton, Kansas City, for appellant.

Popham, Thompson, Popham, Mandéll, Trusty & Green, Kansas City, for respond- ■ ent.

SPERRY, Commissioner.

Plaintiff sued Edward Pugh for damages growing out of an alleged assault and battery. Before the cause was tried defendant was killed in an automobile accident. Upon motion of the executrix the action was dismissed with prejudice, on the ground that it abated upon defendant’s death, and that Section 537.030 RSMo 1949, V.A.M.S, forbade its revival. Plaintiff has appealed.

*689Sections 537.010 and 537.020 provide that certain tort actions shall survive the death of either party. However, Section 537.030 provides that the provisions of the above-mentioned sections “shall not extend to actions for slander, libel, assault and battery or false imprisonment.” If this case is ruled by the last quoted section of the statutes the cause of action does not,survive.

' However, plaintiff contends that the cause of action sued on arose September 2, 1949, before Section 537.030 RSMo 1949, V.A.M.S., became effective, that that section is not applicable. This contention is founded upon plaintiff’s theory that, prior to the effective date of the above statute (March, 1950), such an action as the one at bar could be revived upon the death of either party.

In our view of this case, we do not deem it necessary to discuss the last mentioned argument. This field is exhaustively treated in a fine opinion by Commissioner Fitzsimmons in Burg v. Knox, 334 Mo. 329, 67 S.W.2d 96.

The cause of action at bar arose September, 2, 1949. Suit thereon was instituted on June 19, 1951, and was pending when the alleged wrongdoer died, April 16, 1953. This suit was not even pending when the present statute, Section 537.030 RSMo 1949, V.A.M.S., became effective (if that fact is of importance). From its effective date there has not been, in Missouri, any statute providing for the survival of an action such as this.

In Mennemeyer v. Hart, 359 Mo. 423, 221 S.W.2d 960, 964, the Supreme Court said: “ * * * in -.determining whether a right of action survives the death of the wrongdoer, the statutes in force at the time of the wrongdoer’s death, and not those at the time the action is pending, are controlling.” To the same effect see 1 C.J.S., Abatement and Revival, § 133, p. 182.

At common law an action for assault and battery did not survive the death of either party. It can now survive only if survival is provided by the statutes. in effect at the time of the wrongdoer’s death. Since there was., no such statute in effect on April 16, f 1953, the action abated and, cannot be revived.

The judgment should be affirmed.

BOUR, C., concurs.

PER CURIAM.

The foregoing opinion of SPERRY, C., is adopted as the opinion of the court. The judgment is affirmed.

All concur.
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

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

**ASADOPTED BY**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theAnnual Report of Rockwood Holdings, Inc. (the “Company”) on Form 10-Kfor the period ended December 31, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Robert J. Zatta,Senior Vice President and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.   TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities 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 the Company.

 

 
| Date: February 26,  2010                      |   |
|----------------------------------------------------|--------|
|                                               |   |
| /s/ ROBERT J.  ZATTA                          |   |
| Robert J. Zatta                                    |   |
| Senior Vice President  and Chief Financial Officer |   |

 

This certificationaccompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 and shall not be deemed filed by the Company for purposes of Section 18or any other provision of the Securities Exchange Act of 1934, as amended.

 

A signed original of thiswritten statement required by Section 906 or other documentauthenticating, acknowledging or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1843 Enrolled Bill (ENR)]

        H.R.1843

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven

                                 An Act

 
To designate the facility of the United States Postal Service located at 
489 Army Drive in Barrigada, Guam, as the ``John Pangelinan Gerber Post 
                           Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. JOHN PANGELINAN GERBER POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 489 Army Drive in Barrigada, Guam, shall be known and 
designated as the ``John Pangelinan Gerber Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``John 
Pangelinan Gerber Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1768 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1768

  To amend the Internal Revenue Code of 1986 to expand the Coverdell 
education savings accounts to allow home school education expenses, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2011

 Mr. Boustany introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to expand the Coverdell 
education savings accounts to allow home school education expenses, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION 
              EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS 
              ACCOUNT.

    (a) In General.--Paragraph (3) of section 530(b) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(C) Private school.--For purposes of this 
                section, the term `private school' includes any home 
                school that meets the requirements of State law 
                applicable to such home schools, whether or not such 
                school is deemed a private school for purposes of State 
                law.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2010.

SEC. 2. COVERDELL EDUCATION SAVINGS ACCOUNT CONTRIBUTIONS INDEXED TO 
              INFLATION.

    (a) In General.--Subsection (b) of section 530 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(5) Adjustment for inflation.--In the case of a taxable 
        year beginning in a calendar year after 2010, the dollar amount 
        in paragraph (1)(A)(iii) shall be increased by an amount equal 
        to--
                    ``(A) such amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year by 
                substituting `calendar year 2009' for `calendar year 
                1992' in subparagraph (B) thereof.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2010.

SEC. 3. EXPANSION OF EDUCATION SAVINGS INCENTIVES MADE PERMANENT.

    Section 901 of the Economic Growth and Tax Relief Reconciliation 
Act of 2001 is amended by adding at the end the following new 
subsection:
    ``(c) Exception.--Subsection (a) shall not apply to the amendments 
made by section 401.''.
                                 <all>
```
EXHIBIT 32.2   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
Unico, Incorporated (the "Company") on Form 10-Q for the period ended August 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Kenneth C. Wiedrich, 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 the
operations of the Company.  Date: October 15, 2008
/s/ Kenneth C. Wiedrich
Kenneth C. Wiedrich
Chief Financial Officer     [A signed original of this written statement required
by Section 906 has been provided to Unico, Incorporated and will be retained by
Unico, Incorporated and furnished to the Securities and Exchange Commission or
its staff upon request.]
EXHIBIT 23.1
                  INDEPENDENT AUDITORS' REPORT
                                
To the Stockholders and Board of Directors of Celestial
Seasonings, Inc.:

  We  have  audited  the  consolidated  financial  statements  of
Celestial Seasonings, Inc. and subsidiaries (the "Company") as of
September 30, 1997 and 1996, and for each of the three  years  in
the  period ended September 30, 1997, and have issued our  report
thereon  dated  November  3,  1997; such  consolidated  financial
statements and report are included in your 1997 Annual Report  to
Stockholders  and are included herein. Our audits  also  included
the  consolidated financial statement schedule  of  the  Company,
listed in Item 14. This consolidated financial statement schedule
is   the   responsibility  of  the  Company's   management.   Our
responsibility is to express an opinion based on our  audits.  In
our opinion, such consolidated financial statement schedule, when
considered  in  relation  to  the  basic  consolidated  financial
statements  taken  as a whole, presents fairly  in  all  material
respects the information set forth therein.



Deloitte & Touche LLP
Denver, Colorado
November 3, 1997

                             Page 35
EX-10.21





 Exhibit 10.21 

FOURTH AMENDMENT TO LEASE 

200 Minuteman 

This Fourth Amendment to Lease (this “Amendment”) is entered into as of February 1, 2007 by and between
200 Minuteman LLC (“Landlord”) and TransMedics, Inc. (“Tenant”). 
 Background 

 

	A.	 Landlord and Tenant entered into that certain Lease dated as of June 25, 2004 (as amended, the
“Lease”) for space in the property located at 200 Minuteman Drive, Andover, Massachusetts, as more particularly described the rein. Capitalized terms used and not defined herein shall have the meaning given to them in the Lease.



  

	B.	 The parties have agreed to amend the Lease to confirm that as of this date the agreed rentable area of the
Premises will increase by 75 square feet as described below, and to confirm certain other related matters. 



Agreement 

NOW THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree and the Lease is amended as follows: 

1.        As of this date, the agreed rentable area of the original Premises on the
3rd Floor is increased by 75 s.f. to 35,985 s.f. (and thus the agreed rentable area of the entire Premises is increased to 43,885 s.f.), and Tenant’s Percentage is increased to 21.23%. 

2.        The terms of the Lease, as amended hereby, are hereby ratified. This
Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which shall, taken together, be deemed to be one instrument. This Amendment may be exchanged by and between the parties via facsimile
or electronic mail. 

  
 B-1 













 EXECUTED under seal as of the first date written above. 

 

			
	 200 Minuteman LLC
  

By:  Minuteman Master LLC, Sole Member

 
 By:    150
Minuteman Limited
 Partnership, Managing Member

 
 By:   Niuna-150 Minuteman,
 Inc., General Partner

 
 By: /s/ Martin
Spagat                    

Name: Martin Spagat

Title: Vice President

Authorized Signature
	  	 TransMedics, Inc.
  

By: /s/ Waleed
Hassanein                                        

 Name: Waleed Hassanein
 Title:
President & CEO
 Authorized Signature:
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

Weconsent to the incorporation by reference in Registration Statements(Nos. 333-147570 and 333-149806) on Form S-8 and RegistrationStatements (Nos. 333-147569, 333-147758 and 333-164683) on Form S-3of InfoLogix, Inc. of our report dated April 15, 2010, relating toour audits of the consolidated financial statements, and the financialstatement schedule, which appear in this Annual Report on Form 10-K ofInfoLogix, Inc. for the year ended December 31, 2009.

 

/s/McGladrey & Pullen LLP

 

BlueBell, Pennsylvania

April 15,2010

 

----
<PAGE>

                                                                    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 of Kramont Realty Trust (the "Company")
on Form 10-Q for the period ended June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Louis P. Meshon, Sr.,
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; 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/ Louis P. Meshon, Sr.
                                            -------------------------------
                                            Louis P. Meshon, Sr.
                                            Chief Executive Officer
                                            Kramont Realty Trust
                                            August 5, 2004
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1937** 

DR. GREG BATTERSBY , Plaintiff

- Appellant ,

v. DR. JOSEPH CAREW, in his individual and official capacities; DR. RICHARD HEAVNER, in his individual and official capacities; DR. BRIAN HUGHES, in his individual and official capacities; DR. JEANNE MCDANIEL

- GREEN, in her individual and official capacities; DR. JOHN MCGINNIS, in his individual and official capacities; DR. DAVID MRUZ, in his individual and official capa cities; DR. RALPH ROLES, in his individual and official capacities; DR. HARVEY GARCIA, in his individual and official capacities; E. J. MERCER, in his individual and official capacities; JOHN DOES 1

- 10 , Defendants

- Appellees

.

Appeal from the Unite d States District Court for the District of South Carolina , at Anderson

. Henry M. Herlong, Jr. , Senior District Judge. ( 8:14

- cv
- 00761

- HMH )

Submitted : February 24, 2015 Decided: May 5, 2015

Before KEENAN, WYNN, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion

.

Bruce Fein, BRUCE FEIN & ASSOCIATES, INC., Washington, D.C.; Donald L. Smith, Anderson, South Carolina, for Appellant. Eugene H. Matthews, RICHARDSON PLOWDEN & ROBINSON, P.A.,2 Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
Dr. Greg Battersby appeals the district court ’ s order denying relief on his 42 U.S.C. § 1983 (20 12 ) complaint by granting summary judgment for Defendants . We have reviewed th e record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. Battersby v. Carew , No. 8:14

- cv
- 00761

- HMH (D.S.C. Aug. 28, 2014) . We dispense with
oral argument because the facts and legal contentions are
adeq uately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
p. 1


# OAR Box 1384 Prepped by Charmelle Mathews



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