alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bryan HUDSON, Appellant, v. William J. HARVEY et al., Appellees.

Court of Appeals of Kentucky.

Oct. 7, 1955.

Kash C. Williams, Jackson, for appellant.

O. J. Cockrell, Jackson, for appellees.

PER CURIAM.

This appeal is from a judgment holding that appellees are the owners of the coal; oil, gas, and other, mineral. .rights under a certain tract of land on the waters of Fu-gate’s Fork at or near the mouth of Rich Hollow in Breathitt County. The judgment also directed a reconveyance of the rights.

The case was tried on depositions taken, but on the appeal, appellant designated only the pleadings, demurrer, orders, and judgment to be included in the record. He relied for reversal on the ground that the petition as amended was not sufficient to sustain a cáuse of action.

We have examined the record and have concluded that the petition as amended stated a cause, of action to quiet-the title to land which was not barred by the statute of limitations. This was not an action for relief from fraud.

The motion for appeal is overruled, and the judgment is affirmed.
Conference Call with Tribal Environmental Professionals

September 10, 2009

Meeting Note to the Docket

Discussion Topics

On September 10, 2009, representatives from the US Environmental Protection Agency 

(EPA) participated in a meeting to update interested members from the National Tribal 

Air Association (NTAA) on the status of the rule titled: “Review of New Sources and 

Modifications in Indian Country.” The attendees discussed the: 

• Proposed schedule for finalizing the rule
Exhibit 32.2


                        CERTIFICATION OF CEO 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  Victoria Industries, Inc. (the
"Company")  on Form 10-QSB for the period ended March 31, 2006 as filed with the
Securities  and  Exchange  Commission  on the date hereof (the "Report"), Albert
Abdoulline,  as a Chief Financial Officer of the Company, certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act  of  2002,  to  the  best  of  his  knowledge,  that:

(1)  The  Report  fully  complies  with the requirements of section 13(a) 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.


By:  /s/ Albert Abdoulline
-----------------------------

Albert Abdoulline
CFO
Date:  May  12,  2006
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           4,531
<SECURITIES>                                     3,430
<RECEIVABLES>                                   13,880
<ALLOWANCES>                                       164
<INVENTORY>                                     13,488
<CURRENT-ASSETS>                                36,537
<PP&E>                                          13,559
<DEPRECIATION>                                  10,339
<TOTAL-ASSETS>                                  50,288
<CURRENT-LIABILITIES>                           10,223
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        35,034
<OTHER-SE>                                     (3,217)
<TOTAL-LIABILITY-AND-EQUITY>                    50,288
<SALES>                                         68,846
<TOTAL-REVENUES>                                68,846
<CGS>                                           35,219
<TOTAL-COSTS>                                   10,539
<OTHER-EXPENSES>                                17,070
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,025
<INCOME-PRETAX>                                  4,435
<INCOME-TAX>                                     1,722
<INCOME-CONTINUING>                              2,713
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,713
<EPS-PRIMARY>                                      .49
<EPS-DILUTED>                                      .48
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Article 5 Fin. Data Schedule for fiscal ended DEC-31-97
</LEGEND>

<S>                             		<C>
<PERIOD-TYPE>                   	        12-MOS
<FISCAL-YEAR-END>        	DEC-31-1997
<PERIOD-START>		JAN-01-1997
<PERIOD-END>                     	DEC-31-1997
<CASH>                                   	           168548
<SECURITIES>                        	                     0
<RECEIVABLES>                    	         1804525
<ALLOWANCES>                   	                     0
<INVENTORY>                       	         1528802
<CURRENT-ASSETS>          	         3976068
<PP&E>                                  	         1298789
<DEPRECIATION>                   	         1154351
<TOTAL-ASSETS>                    	          4692483
<CURRENT-LIABILITIES>       	          2808043
<BONDS>                                     	                      0
<COMMON>                               	              42259
<PREFERRED-MANDATORY> 	                      0
<PREFERRED>                            	                      0
<OTHER-SE>                          	          2307595
<TOTAL-LIABILITY-AND-EQUITY>	4692483
<SALES>                                          	9940555
<TOTAL-REVENUES>                         	9940555
<CGS>                                 	           6352386
<TOTAL-COSTS>                   	           6352386
<OTHER-EXPENSES>              	                       0
<LOSS-PROVISION>                    	                       0
<INTEREST-EXPENSE>                	126731
<INCOME-PRETAX>                    	             753665
<INCOME-TAX>                          	             239592
<INCOME-CONTINUING>                 	514073
<DISCONTINUED>                      	                       0
<EXTRAORDINARY>                 	                       0
<CHANGES>                          	                       0
<NET-INCOME>                          	              514073
<EPS-PRIMARY>                          	                   .012
<EPS-DILUTED>                        	                   .011


</TABLE>
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-QSB for the period ending November 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Mark A. Lopez, 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 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 the
          operation of the Company.

/s/ Mark A. Lopez
____________________________________
Mark A. Lopez
Chief Financial Officer
February 23, 2005


                              - 31 -
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 Unico, Incorporated (the
"Company") on Form 10-QSB for the period ending August 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ray C. Brown, 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, 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 the
           operation of the Company.

/s/ Ray C. Brown
____________________________________
Ray C. Brown
Chief Executive Officer
October 17, 2003
EXHIBIT 32

CERTIFICATION OF PERIODIC FINANCIAL REPORT PURSUANT TO
18 U.S.C. SECTION 1350

                                  CERTIFICATION
           (Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
                            18 U.S.C. Section 1350)


The undersigned hereby certify, to the best of their knowledge, that:

          (i) This Form 10-QSB, Annual Report, for the period ended September
     30, 2006, as filed by Chestatee Bancshares, Inc. (the "Company") with the
     Securities and Exchange Commission on the date hereof (the "Report"), fully
     complies with the requirements of Section 13(a) or 15(d) of the Securities
     Exchange Act of 1934, and

          (ii) As of the date of this the information contained in that Report
     fairly presents, in all material respects, the financial condition and
     results of operations of the Company.


Date:  November 14,  2006       BY: /s/ J. Philip Hester, Sr.
       ------------------           --------------------------------------------
                                    J. Philip Hester, Sr., President and C.E.O.
                                    (Principal Executive Officer)


Date:  November 14, 2006        BY: /s/ Deborah F. McLeod
       -----------------            --------------------------------------------
                                    Deborah F. McLeod, C.F.O. and Treasurer
                                    (Principal Financial and Accounting Officer)


This certification is 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.

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.
EXHIIBIT 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 Island Critical Care. on Form 10-QSB
for the period ended Dec 31, 2003 as filed with the Securities and Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, hereby certifies 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  operation of the
Company.


Dated:  August 10, 2004          /s/ Marc Juliar
                                 ----------------------
                                 Name: Marc Juliar
                                 Title: Chief Executive Officer

Dated:  August 10, 2004          /s/ Marc Juliar
                                 ----------------------
                                 Name: Marc Juliar
                                 Title: Chief Financial Officer
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 00008

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 00008\00008_Checklist.xls EPA Technical Review Checklist Workbook

00008\00008_Completeness_Checklist.xls EPA Completeness Review Checklist

00008\00008_HardcopyLog.doc EPA log of hardcopy documents submitted

x 00008\00008_Part A.xls Plant submitted survey file

x 00008\00008_Part B.xls Plant submitted survey file

x 00008\00008_Part C.xls Plant submitted survey file

x 00008\00008_Part D.xls Plant submitted survey file

x 00008\00008_Part H.xls Plant submitted survey file

00008\Certification Statement Plant ID 00008.pdf Plant certification statement

00008\Supplemental Documents\00008_2010-09-15 Effluent Guidelines Certification.pdf Plant submitted supplemental files to the survey

00008\Supplemental Documents\00008_PartA_MAP-1.pdf Plant submitted supplemental files to the survey

x 00008\Supplemental Documents\00008_PartA_WB1.pdf Plant submitted supplemental files to the survey

x 00008\Supplemental Documents\00008_PartD_D-1.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEFFREY BRIAN STETTER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 157 WAL 2022

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEFFREY STETTER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 158 WAL 2022

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEFFREY STETTER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 159 WAL 2022

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM[ 157 WAL 2022, 158 WAL 2022 and 159 WAL 2022 ]

- 2

AND NOW , this 25th day of October, 2022

, the Petition for Allowance of Appeal is

DENIED

.
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 Form 10-KSB of Avicena Group, Inc. (the Company) for the fiscal year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of their knowledge and belief, that:



| | 1) | the Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities and 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/ Belinda Tsao NivaggioliName: Belinda Tsao NivaggioliTitle: Chief Executive OfficerDate: May 10, 2007/s/ Michael J. SullivanName: Michael J. SullivanTitle: Acting Chief Financial OfficerDate: May 10, 2007


This certification shall not be deemed filed for purposes of Section 18 of
the Securities and Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities
Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
#### Richard Joseph LEE, Appellant, v. The STATE of Texas, Appellee.

No. 27551.

Court of Criminal Appeals of Texas.

April 20, 1955.

No attorney on appeal for appellant.

Dan Walton, Dist. Atty.,' Thomas D. White, Asst. Dist. Atty., Houston, Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

This is a conviction for the felony offense of drunken driving, with punishment assessed at a fine of $500 and sixty days in jail. ■

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular, and nothing is presented for review.

The judgment is affirmed.
#### Marshall Grover STEEL, Appellant, v. The STATE of Texas, Appellee.

No. 27293.

Court of Criminal Appeals of Texas.

Jan. 5, 1955.

No attorney on appeal for appellant.

Wesley Dice, State’s Atty., of Austin, for the State.

WOODLEY, Judge.

This is a conviction upon a plea of guilty to the offense of driving while intoxicated; a fine of $100 having been assessed.

There are no bills of exception and if evidence was heard it is not brought before us in a statement of facts.

The presumption prevails that the offense was committed at a time when the punishment assessed was applicable. See Scates v. State, Tex.Cr.App., 274 S.W.2d 833.

The judgment is affirmed.
Revised OMB Supporting Statement Promising Strategies in Federal College Access Programs

Abt Associates Inc. Appendix B. Power Calculations for Continuous Outcomes ▌pg. 1

Appendix B. Power Calculations for Continuous Outcomes

Using the standard power analysis equation to estimate the MDES for continuous outcomes, we make 

the following assumptions:

(1) the demonstration includes 100 schools

(2) 50 schools are assigned to each group

(3) the full sample includes 200 students per school

(4) the student and parent survey samples includes 40 percent of the full sample

(5) the surveys obtain 80 percent response rates 

(6) intra-class correlations of .05, .10, and .15 (as ICCs might be higher for some continuous 

outcome measures, such as financial literacy scale score)

(7) the school-level R-square equals .32 

Exhibit B.1 demonstrates that by our estimates, the MDES will be .11 to .19 standard deviations for 

outcomes based on administrative data (e.g., number of college preparatory courses completed) and 

.13 to .19 standard deviations for outcomes based on survey data (e.g., amount of college savings; 

financial literacy scale score). According to our estimates, the study is powered to detect relatively 

small impacts on continuous outcomes; according to Cohen (1988), standardized effect sizes < .20 are 

considered small. The MDES will be at the upper end of this range if ICCs are larger (e.g., ICC=.15), 

and the MDES will at the lower end of the range if ICCs are smaller. 

Exhibit B.1. MDES Estimates for Continuous Outcomes from Administrative and Survey 

Data

Intraclass Correlation

Administrative Data Outcomes

(200 students/school)

Survey Data Outcomes

(64 students/school)1

.05 0.11 standard deviations 0.13 standard deviations

.10 0.15 standard deviations 0.16 standard deviations

.15 0.19 standard deviations 0.19 standard deviations

1

The survey sample includes 40% of the students in the full sample (i.e., 80 students/school); with an 80% response rate, the

Abt study team assumes 64 students/school in the analysis sample for survey data outcomes.

Power analyses for continuous outcomes are based on the following formula (Schochet, 2008):

 = (, , ) ∗







(1 − )

(1 − )

+





(1 − )

(1 − )



Where

: estimated minimum detectable effect size for the treatment impact;

(, , ): a constant that is a function of the significance level (α), statistical power (β), 

and the number of degrees of freedom (df);
Revised OMB Supporting Statement Promising Strategies in Federal College Access Programs

Abt Associates Inc. Appendix B. Power Calculations for Continuous Outcomes ▌pg. 2





: school-level variance in the outcome;





: student-level variance in the outcome;





: amount of school-level variance in the outcome explained by covariates; 





: amount of student-level variance in the outcome explained by covariates;

s: number of schools;

p: proportion of schools assigned ot the treatment condition; 

n: average number of students in each school; and

σ: standard deviation of the outcome measure for the control group.
#### SUMNER v. COMMONWEALTH.

Court of Appeals of Kentucky.

Oct. 16, 1953.

Fred K. Cope, Hazard, for appellant.

J. D. Buckman, Jr., Atty. Gen., Emmitt G. Fields, Commonwealth’s Atty., Whites-burg, Tolbert Combs, County Atty., Hazard, Zeb. A. Stewart, Asst. Atty. Gen., for ap-pellee.

CULLEN, Commissioner.

Leonard Sumner appeals from a judgment sentencing him to five years in the penitentiary following conviction on a charge of maliciously shooting at and wounding another with intent to kill.

The main point argued in appellant’s brief is that the verdict was not sup*634ported by the evidence. This argument amounts to nothing more than a contention that the jury should have believed the defendant and his witnesses rather than the witnesses for the Commonwealth. There was ample evidence to sustain the conviction.

A point barely mentioned in appellant’s brief, but which we think is most serious, concerns error in the instructions on self defense. The whole theory of the defendant’s case was self defense, he claiming that the husband of the prosecuting witness was pointing a gun at him and was about to shoot when the defendant reached for his gun and fired it, hitting the prosecuting witness by mistake in an effort to hit her husband. Since the defendant relied wholly on self defense, it was essential that the instructions on this defense be correct.

We find that the instructions were prejudicially erroneous in at least one respect. The separate instruction on self defense was so phrased as to require the jury to believe *beyond a reasonable doubt*that the defendant acted in self defense, in order to find him not guilty. This several times has been held to be an improper instruction. Tolliver v. Commonwealth, 161 Ky. 81, 170 S.W. 515; Reynolds v. Commonwealth, 183 Ky. 375, 209 S.W. 346; Lee v. Commonwealth, 210 Ky. 410, 276 S.W. 127; Angel v. Commonwealth, 289 Ky. 281, 158 S.W.2d 640.

In addition, the instructions on shooting and wounding purported to absolve the defendant only if he acted in his “necessary self defense,” whereas the rule is well established that the instructions must authorize the absolving of the defendant if the danger or the necessity to act was either real or to the defendant apparent. Vaughn v. Commonwealth, 286 Ky. 712, 151 S.W.2d 778.

Furthermore, the separate instruction on self defense contained a phrase absolving the defendant if “he believed and had reasonable grounds to believe” that his person or the person of a member of his family was in danger. The quoted phrase has been condemned. See Thacker v. Commonwealth, 71 S.W. 931, 24 Ky.Law Rep. 1584.

Because of the error in the instructions, the judgment is reversed, with directions to grant a new trial.
EXHIBIT
32.2





STATEMENT
PURSUANT TO SECTION 906 THE SARBANES-OXLEY ACT OF 2002


BY
PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER








I,
Timothy J. Shaheen, herby certify, to my knowledge, that:





1.
the accompanying Annual Report on Form 10-K of Cadiz Inc. for the year ended
December 31, 2008 (the "Report") fully complies with the requirements of Section
13(a) or 15(d), as applicable, of the Securities and 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 Cadiz
Inc.





IN
WITNESS WHEREOF, the undersigned has executed this Statement as of the date
first written above.





Dated:
March 11, 2009








/s/ Timothy J.
Shaheen


Timothy
J. Shaheen


Chief
Financial Officer and Secretary