alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Final Accounting of Bank of New York, as Trustee of the Trust Created by Frank M. Gould.

Supreme Court, Special Term, New York County,

January 6, 1958.

*480*Taylor, Wadsworth <& Burr*for petitioner.

*Jackson, Nash, Brophy, Barringer <& Brooks*for general guardians.

Feanoís X. Conlon, J.

The general guardians of the infant remainderman are also executors of the estate of the deceased life tenant. They, therefore, represent interests which are, presumptively, at least, conflicting. Stock issued as the result of a stock “ split” (without any addition to the capital account from capital surplus or earned surplus — see *Matter of Lissberger,*188 Misc. 811, 189 Misc. 277, affd. 273 App. Div. 881; *Matter of Strong,*198 Misc. 7, affd. 277 App. Div. 1157) and stock dividends, properly allocable to principal, may have been paid as income to the life tenant. The allocation of taxes, fees and other disbursements between principal and income may have unlawfully favored the life tenant. Securities may have been purchased at the request of the life tenant, or with her acquiescence (for the purpose of increasing the income payable to her), which could be the subject of successful objections on behalf of the remainderman, who would not be subject to the estoppel of the life tenant. These are only some of the possible conflicts of interest. Only a thorough examination of the account would reveal all of them. The very purpose of appointing an impartial special guardian, who does not possess the conflict of interest with which the general guardians are affected, is to make certain that the interests of the infant are adequately protected by one who has no other and possibly conflicting interest to represent.

The memorandum filed by the attorneys for the general guardians indicates that they are aware of the conflict of interests, for it concludes: 11 However, if the court feels that adversity of interest might exist, it is respectfully suggested that the guardian ad litem’s authorities and duties be confined to such items.” The court is unaware of any authority for dividing the representation of an infant remainderman between general guardians who represent a conflicting interest and a guardian ad litem. The suggested limitation of the guardian’s duties is, furthermore, of doubtful feasibility, from a practical standpoint.

*481The authorities relied on by the general guardians are, as their language indicates, applicable only in the absence of an interest adverse to that of the infant.

The person designated to receive service is appointed special guardian, without any limitation as to his duties.

The balance of the motion is held in abeyance pending the filing of the special guardian’s report.

Submit order accordingly.
[Baumann, Raymondo & Company, PA logo]




Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549

Re:  Restaurant Training Corporation
        Form 10-KSB

Gentlemen:

As independent auditors, we hereby consent to the incorporation of our report
and to all references to our firm included in or made a part of Restaurant
Training Corporation's Annual Report on Form 10-KSB filed with the Securities
and Exchange Commission.

Very truly yours,


/s/ Baumann, Raymondo & Company, P.A.

Baumann, Raymondo & Company, P.A.
Certified Public Accountants
Tampa, Florida
March 27, 2003
#### TADLOCK v. STATE.

No. 24644.

Court of Criminal Appeals of Texas.

Feb. 8, 1950.

Rehearing Denied March 22, 1950.

None on appeal,'for appellant. '

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

This is a conviction under what is commonly called the hot check law. Art. 567b, Vernon’s P.C. The punishment was assessed at two years in the penitentiary.

Appellant filed a motion to quash the indictment, insisting ■ that the offense charged was under, another and different statute which had been-repealed. We' do not so construe the indictment. The offense charged was under Art. 567b, Vernon’s P.C.

There are no bills of exception. •

The facts reflect that. appellant obtained from the injured party a load of' lumber for which he gave a check: for $479.82. The check was not paid by the bank, as appellant did not, at the time, have on deposit in the bank sufficient funds with which to pay the check.

Such facts showed a prima facie case of guilt of the offense charged.

The jury rejected appellant’s defense of good faith.

No reversible error appearing, the judgment is affirmed.

Opinion approved by the Court.

HAWKINS, P. J., absent.'

On Appellant’s Motion for Rehearing

BEAUCHAMP, Judge.

The sole contention made in appellant’s motion for rehearing, in addition to that presented on original submission, is that the indictment does not comply with the law. We have carefully examined this 'and find ourselves unable to agree with the contention made. .

Appellant’s motion fo-r- rehearing is overruled. ■ • '
Exhibit 32.1








---




Certification


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


In connection with the Annual Report of Sonde Resources Corp. (the "Registrant") on Form 40-F for the year ended December 31, 2013 , as filed with the Commission on the date hereof (the "Report"), Toufic Nassif, as President and Chief Executive Officer of the Registrant and Rene P. Beaumier, Chief Financial Officer of the Registrant, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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) 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 Registrant.

/s/  Toufic NassifName:Toufic NassifTitle:President and Chief Executive OfficerDate:March 27, 2014





/s/  Rene P. BeaumierName:Rene P. BeaumierTitle:Chief Financial OfficerDate:March 27, 2014





This certification accompanies the Report pursuant to § 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 Registrant for purposes of §18 of the Securities Exchange Act of 1934, as amended.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1399 

CAF 12-00011 

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.

 

IN THE MATTER OF RONALD DAVID RAGIN, III, 

PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

LATOYA DORSEY, RESPONDENT-RESPONDENT. 

(APPEAL NO. 2.)

ALAN BIRNHOLZ, EAST AMHERST, FOR PETITIONER-APPELLANT. 

LAW OFFICE OF PETER VASILION, WILLIAMSVILLE (PETER P. VASILION OF

COUNSEL), FOR RESPONDENT-RESPONDENT. 

MARY ANNE CONNELL, ATTORNEY FOR THE CHILD, BUFFALO, FOR AALIYAH R. 

 

Appeal from an order of the Family Court, Erie County (Rosalie

Bailey, J.), entered October 24, 2011. The order dismissed the

petition. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Same Memorandum as in Matter of Ragin v Dorsey ([appeal No. 1]

___ AD3d ___ [Dec. 28, 2012]).

Entered: December 28, 2012 Frances E. Cafarell

Clerk of the Court
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5621 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5621

              To suspend temporarily the duty on Fosamine.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2012

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

_______________________________________________________________________

                                 A BILL

 
              To suspend temporarily the duty on Fosamine.

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

SECTION 1. FOSAMINE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        Ammonium salt of    Free            No change      No change      On or before     ''.
                          ethyl hydrogen                                                    12/31/2015
                          (aminocarbonyl)
                          phosphonate
                          (Fosamine) (CAS
                          No. 25954-13-6)
                          (provided for in
                          subheading
                          2931.90.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
#### GILBERT v. STATE.

No. 25881.

Court of Criminal Appeals of Texas.

June 4, 1952.

No attorney for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

' DAVIDSON, Commissioner.

The offense is the driving upon a public highway while intoxicated, with punishment assessed at a fine of $100.

The record before us contains neither a statement of facts nor bills of exception. Nothing is presented for our consideration.

The judgment of the trial court is affirmed.

Opinion approved by the Court.
----

**CERTIFICATION PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  (18 U.S.C. SECTION 1350)**

 In connection with the Annual Report of Wood Products, Inc., a Nevada corporation  (the “Company”), on Form 10-KSB for the year ending March 31, 2005,  as filed with the Securities and Exchange Commission (the “Report”),  I, Alexander Chen, Chief Financial Officer of the Company, certify, pursuant  to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), 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 result  of operations of the Company.

Date: August 15, 2005 

/s/ Alexander Chen                      Alexander Chen, CFO 

----
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JORGE ALBERTO SIERRAMONDRAGON, a.k.a. Jorge Sierra, a.k.a.

Jorge Sierra Mondragon,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-72598

Agency No. A092-655-421

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 19, 2010** 

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.

Jorge Alberto Sierra-Mondragon, a native and citizen of Honduras, petitions

for review of the Board of Immigration Appeals’ order summarily affirming an

immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. 

FILED

AUG 02 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-72598

We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105,

1107 (9th Cir. 2003), and we deny the petition for review.

Sierra-Mondragon failed to raise in his opening brief, and has therefore

waived, any challenge to the agency’s determination that his 2008 conviction was

an aggravated felony. Husyev v. Mukasey, 528 F.3d 1172, 1183 (9th Cir. 2008). 

The agency’s aggravated felony determination renders Sierra-Mondragon

ineligible for section 212(c) relief. 8 C.F.R. § 1212.3(f)(4).

PETITION FOR REVIEW DENIED.
**EXHIBIT 99.5**
**CERTIFICATIONS**
I, Clayton H. Riddell, Chief Executive Officer, certify that:
1. I have reviewed this annual report on Form 40-F of Paramount Energy Trust
2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;
4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-14 and 15d-14) for the registrant and have:
a) designed such disclosure controls and procedures to ensurethat material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this annualreport is being prepared; b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures as of a date within 90 days prior to thefiling date of this annual report (the “Evaluation Date”); and c) presented in this annual report our conclusions about theeffectiveness of the disclosure controls and procedures based onour evaluation as of the Evaluation Date.
5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (and persons performing theequivalent function):
a) all significant deficiencies in the design or operation ofinternal controls which could adversely affect the registrant’sability to record, process, summarize and report financial data andhave identified for the registrant’s auditors any materialweaknesses in internal controls; and b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal controls; and
 

 

6. The registrant’s other certifying officers and I have indicated in thisannual report whether there were significant changes in internal controls or inother factors that could significantly affect internal controls subsequent tothe date of our most recent evaluation, including any corrective actions withregard to significant deficiencies and material weaknesses.     May 19, 2004    Calgary, Canada By: /s/ Clayton H. Riddell       Clayton H. Riddell   Chairman of the Board, Chief Executive        Officer and Director   Paramount Energy Operating Corp.,        Administrator of Paramount Energy        Trust
[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Notices]
[Page 5876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2624]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the pubic in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis 
Panel.
    Date: February 1, 2000.
    Time: 9 AM to 3 PM.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Hotel, One Bethesda Metro Center, Bethesda, 
MD 20814.
    Contact Person: Carole L. Jelsema, PHD, Scientific Review 
Administrator, Center for Scientific Review, National Institute of 
Health, 6701 Rockledge Drive, Room 5222, MSC 7850, Bethesda, MD 
20892, (301) 435-1249, <a href="/cdn-cgi/l/email-protection#a9c3ccc5daccc4c8cae9cddbce87c7c0c187cec6df"><span class="__cf_email__" data-cfemail="83e9e6eff0e6eee2e0c3e7f1e4adedeaebade4ecf5">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.
(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine, 93.306; 93.333, Clinical Research, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)


    Dated: January 28, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-2624 Filed 2-4-00; 8:45 am]
BILLING CODE 4140-01-M


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Exhibit
32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER





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 The Stephan Co. (the "Company) on Form
10-Q for the period ended September 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Frank F. Ferola, 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
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.





/s/ Frank F. FerolaFrank
      F. FerolaChief
      Executive OfficerNovember
      16, 2009
I 

113TH CONGRESS 

1ST SESSION H. R. 2655 

To amend Rule 11 of the Federal Rules of Civil Procedure to improve 

attorney accountability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2013 

Mr. SMITH of Texas (for himself, Mr. GOODLATTE, Mr. FRANKS of Arizona, 

Mr. JORDAN, Mr. CHAFFETZ, Mr. FARENTHOLD, and Mr. HOLDING) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend Rule 11 of the Federal Rules of Civil Procedure 

to improve attorney accountability, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawsuit Abuse Reduc5 tion Act of 2013’’. 

6 SEC. 2. ATTORNEY ACCOUNTABILITY. 

7 (a) SANCTIONS UNDER RULE 11.—Rule 11(c) of the 

8 Federal Rules of Civil Procedure is amended— 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2655 IH

1 (1) in paragraph (1), by striking ‘‘may’’ and in2 serting ‘‘shall’’; 

3 (2) in paragraph (2), by striking ‘‘Rule 5’’ and 

4 all that follows through ‘‘motion.’’ and inserting 

5 ‘‘Rule 5.’’; and 

6 (3) in paragraph (4), by striking ‘‘situated’’ 

7 and all that follows through the end of the para8 graph and inserting ‘‘situated, and to compensate 

9 the parties that were injured by such conduct. Sub10 ject to the limitations in paragraph (5), the sanction 

11 shall consist of an order to pay to the party or par12 ties the amount of the reasonable expenses incurred 

13 as a direct result of the violation, including reason14 able attorneys’ fees and costs. The court may also 

15 impose additional appropriate sanctions, such as 

16 striking the pleadings, dismissing the suit, or other 

17 directives of a nonmonetary nature, or, if warranted 

18 for effective deterrence, an order directing payment 

19 of a penalty into the court.’’. 

20 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

21 or an amendment made by this Act shall be construed to 

22 bar or impede the assertion or development of new claims, 

23 defenses, or remedies under Federal, State, or local laws, 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2655 IH

1 including civil rights laws, or under the Constitution of 

2 the United States. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-28-1997
<PERIOD-END>                               DEC-28-1996
<CASH>                                             815
<SECURITIES>                                    26,817
<RECEIVABLES>                                   43,168
<ALLOWANCES>                                     1,357
<INVENTORY>                                     73,918
<CURRENT-ASSETS>                               144,565
<PP&E>                                         121,635
<DEPRECIATION>                                  60,662
<TOTAL-ASSETS>                                 231,694
<CURRENT-LIABILITIES>                           25,517
<BONDS>                                          6,800
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,011
<OTHER-SE>                                     168,573
<TOTAL-LIABILITY-AND-EQUITY>                   231,694
<SALES>                                        123,223
<TOTAL-REVENUES>                               123,223
<CGS>                                           84,468
<TOTAL-COSTS>                                   84,468
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 364
<INCOME-PRETAX>                                 14,671
<INCOME-TAX>                                     4,952
<INCOME-CONTINUING>                              9,719
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,719
<EPS-PRIMARY>                                     1.38
<EPS-DILUTED>                                     1.38
        

</TABLE>
#### BOOTH v. STATE.

No. 23979.

Court of Criminal Appeals of Texas.

March 24, 1948.

No appearance for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

GRAVES, Judge.

The conviction is for the unlawful possession of untaxed liquor. The penalty-assessed is a fine of $150.

The record is before us without a statement of facts or bills of exception, in the absence of which no question is presented for review.

The judgment of the trial court is therefore affirmed.