alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SCOTT v. BLACKBURN, et al.

Court of Appeals of Kentucky.

May 1, 1951.

J. Erwin Sanders, Pikeville, for appellant.

Wine, Venters & Stephenson, Pikeville, for appellees.

CAMMACK, Chief Justice.

This is a passway case in which neither side is satisfied with the judgment of the chancellor, who viewed the premises. The principal dispute relates to the width of the passway on the division line between the property of Ernest Scott and the Black-burns.

Each party claims from a common source. The only outlet for the appellee’s property is down a branch over the property of the appellant to the highway which runs along Johns Creek. Formerly, the passway followed the branch, but when the highway was built in 1935 it was necessary for the lower end of the way to' be re-located. The distance from a sycamore on the branch, which is a corner on the line between the property of the appellant and that of the appellees, to the corner of the appellant’s yard fence is approximately 35 feet. The appellees claim that the passway enters their property near the corner of the appellant’s yard fence. On the other hand, the appellant claims that the passway was originally, and now should be, located near the sycamore' tree. Recently, the appellant built a board fence, some 19 feet in length, running from the comer of his yard. This narrowed the passway to 151⁄2 feet on the division line. This is the approximate width of the way which runs from the division line to the highway. There appears to be no material disagreement over this pass-*231way other than as has been indicated, except that there is a claim on the part of the appellant that it is a permissive way. On the other hand, it is shown exclusively by the proof that, insofar as the appellees are concerned, the way is one of necessity and has long been used as the outlet from their property to the highway.

After viewing the premises the chancellor directed that the appellant remove four feet of his board fence, thereby leaving an opening on the division line 19 feet and 7 inches in width, measuring from the sycamore. An entrance of this width was considered necessary for the movement of automobiles and trucks on to the appellees’ property.

We think the chancellor properly disposed of the case. Certainly the appel-lees were not entitled to a passway 35 feet in width (the distance from the sycamore to the appellant’s yard fence). On the other hand, they were entitled to a passway sufficient in width on the division line to permit the movement of trucks and other automotive equipment.

Wherefore, the judgment is affirmed on both the original and the cross appeal.
##### 



EXHIBIT 99.1 MORGAN STANLEY DEAN WITTER
CREDIT CORPORATION Michael J. GillespieAccounting Director Officers Certificate Pursuant to the Servicing Agreement between Morgan Stanley Dean Witter Credit
Corporation, formerly known as NOVUS Financial Corporation, as seller
and servicer (referred to herein in such capacity as the Servicer, and
Redwood Trust, Inc., as Owner, the undersigned, hereby states that: (1) A review of the activities of the Servicer and of its performance
under the Servicing Agreement during the calendar year ended December
31, 2003 has been made under my supervision; and (2) To
the best of my knowledge, based on such review, the Servicer
has fulfilled all its obligations under the Agreement throughout such
period. MORGAN STANLEY DEAN WITTER CREDIT CORPORATIONBy
    
    /s/ DOUGLAS J. BUSHDouglas J. BushTitle
    
    DirectorDated as of December 31, 2003By
    
    /s/ DAVID BIANUCCIDavid BianucciTitle
    
    Vice PresidentDated as of December 31, 2003
 2500 Lake Cook Road, J
East, Riverwoods, Illinois 60015 Tel (224) 405-1903
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 on Form 10-QSB of
StockerYale, Inc. (the Company) for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark W. Blodgett, President and Chief Executive Officer of
the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §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/ Mark W. Blodgett                 
|Mark W. Blodgett                     
|President and Chief Executive Officer
|November 14, 2005
Exhibit 99.1


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


           I, Robert S. Mathews, as Chief Executive Officer of Von Hoffmann
Holdings Inc. and Von Hoffmann Corporation (collectively, the "Company")
certify, pursuant to 18 U.S.C.ss. 1350, as adopted by Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

           (1) the accompanying Form 10-K report for the period ending December
31, 2002 as filed with the U.S. Securities and Exchange Commission (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

           (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



Dated: March 28, 2003

                                       /s/ Robert S. Mathews
                                       ----------------------------------------
                                       Robert S. Mathews,
                                       Chief Executive Officer of the Company


A SIGNED ORIGINAL 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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-END>                               APR-30-1997
<CASH>                                           10154
<SECURITIES>                                         0
<RECEIVABLES>                                  3624988
<ALLOWANCES>                                         0
<INVENTORY>                                    2739520
<CURRENT-ASSETS>                               8554701
<PP&E>                                        20034443
<DEPRECIATION>                                  450000
<TOTAL-ASSETS>                                30767658
<CURRENT-LIABILITIES>                          4108647
<BONDS>                                              0
<COMMON>                                       2500000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                    13497568
<TOTAL-LIABILITY-AND-EQUITY>                  30767658
<SALES>                                       10103402
<TOTAL-REVENUES>                              10166348
<CGS>                                          9205641
<TOTAL-COSTS>                                  9630738
<OTHER-EXPENSES>                                425097
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              245761
<INCOME-PRETAX>                                 535610
<INCOME-TAX>                                    203532
<INCOME-CONTINUING>                             332078
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    332078
<EPS-PRIMARY>                                       13
<EPS-DILUTED>                                       13
        

</TABLE>
#### Robert Petrelli, Appellant, v Suffolk County Civil Service Commission et al., Respondents.

Judgment unani*985mously affirmed without costs for reasons stated in decision at Supreme Court, Geiler, J. *(see also, Matter of Catanzaro v City of Buffalo,*163 AD2d 822). (Appeal from judgment of Supreme Court, Suffolk County, Geiler, J.—art 78.) Present—Callahan, J. P., Denman, Green, Lawton and Davis, JJ.
**Exhibit 99.4**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

 

I, Kenneth Levine, President of MONY Holdings, LLC, hereby certify to the best of my knowledge and beliefthat this Annual Report on Form 10-K fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that the information contained in this Annual Report on Form 10-K fairlyrepresents, in all material respects, the financial condition and results of operations of MONY Holdings, LLC 

 

Date: ****May 15, 2003 

 

/s/    Kenneth Levine 

----
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0477 STATE OF MONTANA,

Plaintiff and Appellee, v. LAURA LEE HALE ,

Defendant and Appellant.

**O RDER**  Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including October 12, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 29 2022

08/29/2022

Case Number: DA 21-0477
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 13

- 14767 Non

- Argument Calendar

________________________ D.C. Docket No. 0:06

- cr - 60248

- FAM

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus STANLEY MCCRAY, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (May 29, 2014) Before TJOFLAT , PRYOR and JORDAN , Circuit Judges. PER CURI AM: S tanley McCray appeals pro se the denial of his post

- judgment motion to amend and correct his p resentence investigation report

. McCray argues that the

Case: 13-14767 Date Filed: 05/29/2014 Page: 1 of 32 presentencing investigation report erroneously stated that he had been convicted of aggravated ass ault when he instead had ple a d ed guilty to a lesser

- included charge and that his sentence should not have been enhanced under the Armed Career Criminal Act

. McCray filed his motion nearly seven years after his criminal conviction became final

. We vacate and remand with instructions to dismiss for lack of jurisdiction. We review de novo jurisdictional issues. United States v. Lopez , 562 F.3d 1309, 1311 (11th Cir. 2009). The district court lacked jurisdiction to entertain McCray’s motion several
years after his sentence was imposed

. Federal Rule of Criminal Procedure 32 governs the preparation of presentencing reports, but it provides no jurisdiction for correcting a report after a judgment of conviction and sentence has been entered

. Fed. R. Crim. P. 32 ; United States v. Fischer , 821 F.2d 557, 558 (11th Cir. 1987)

. An error in the report may instead be challenged on direct appeal. United States v. Peloso , 824 F .2d 914, 915 (11th Cir. 1987). Federal Rule of Criminal Procedure
35 permits a district court to correct a sentence for an arithmetical, technical, or other clear error , but only within 14 days of sentencing. Fed. R. Crim. P. 35(a). And Federal Rule of Criminal Procedure 36 permits a district court , at any time, to correct a clerical error o r an error in the record arising from oversight or omission. Fed. R. Crim. P. 36. But a motion under Rule 36 may not be used to make

Case: 13-14767 Date Filed: 05/29/2014 Page: 2 of 33 substantive alterations to a sentence

. United States v. Portillo , 363 F.3d 1161, 1164 (11th Cir. 2004). And a defendant cannot challenge the accuracy of his presentencing investigation report for the first time in a collateral attack. Simmons v. United States , 777 F.2d 660, 661

– 62 (11th Cir. 1985)

. Moreover, a collateral attack by McCray would be barred as successive unl ess he first obtained permission from this Court to file his motion

. 28 U.S.C. § 2255(h). Because the district court lacked jurisdiction to entertain McCray’s motion, we vacate and remand with instructions to dismiss for lack of jurisdiction. VACATED AND REMANDED WITH INSTRUCTIONS. Case: 13-14767 Date Filed: 05/29/2014 Page: 3 of 3
[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Page 60713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26226]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice No. 3414]


Advisory Committee On International Economic Policy Notice of 
Committee Renewal

    Renewal of Advisory Committee. The Department of State has renewed 
the Charter of the Advisory Committee on International Economic Policy. 
The Committee serves in a solely advisory capacity providing 
information and advice to the Secretary of State on the effective 
integration of economic interests into overall foreign policy. The 
Committee's advice and information assists in appraising the role and 
limits of international economic institutions, advancing American 
commercial interests in a competitive global economy and formulating 
U.S. policy, positions, proposals and strategies for multilateral and 
bilateral negotiations.
    This committee includes representatives of American organizations 
and institutions having an interest in international economic policy, 
including representatives of American business, labor unions, public 
interest groups, and trade and professional associations. The committee 
meets at least annually to advise the Department on range of 
international economic policies and issues.
    For further information, please call: Carol Thompson, EB/PAPD, U.S. 
Department of State, at (202) 647-1808.

Carol E. Thompson,
Acting, Office of Policy Analysis and Public Diplomacy.
[FR Doc. 00-26226 Filed 10-11-00; 8:45 am]
BILLING CODE 4710-07-P
EXHIBIT 32

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

In connection  with the Quarterly  Report of Movie Star, Inc. (the "Company") on
Form 10-Q for the period ended  December  31, 2003 as filed with the  Securities
and  Exchange  Commission  on  the  date  hereof  (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:   February 11, 2004                       /s/ Melvyn Knigin
                                                -----------------------------
                                                Melvyn Knigin
                                                Chief Executive Officer


Dated:   February 11, 2004                       /s/ Thomas Rende
                                                ------------------------------
                                                Thomas Rende
                                                Chief Financial Officer
                                                (Principal Financial and
                                                 Accounting Officer)
EXHIBIT 31.1

**SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, E. Scott Beattie, certify that:

1.    I have reviewed this quarterly report on Form 10-Q of Elizabeth Arden, Inc. (the "registrant");

2.    Based on my knowledge, this 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 report; 

3.    Based on my knowledge, the financial statements, and other financial information included in this 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 report;

4.    The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a)    Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;

b)    Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

c)    Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting.

5.    The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function): 

a)    All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b)    Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

Date:  November 8, 2004
    
/s/ E. Scott Beattie
 
 
E. Scott Beattie
 
 
Chairman and Chief Executive Officer  *(Principal Executive Officer)
 ***
#### BLEVINS v. STATE.

No. 22635.

Court of Criminal Appeals of Texas.

Dec. 8, 1943.

William C. McDonald, of San Angelo, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Theft is the offense; the punishment, ten years’ confinement in the state penitentiary.

*174The indictment contained two counts. In the first count, the primary offense was charged as follows: “ * * * James Melvin Blevins did, then and there unlawfully and fraudulently take 588 diamond and wedding rings, marked with the Harry & Ben Frackman Co. jewelry stamp, a more particular description of such jewelry is to the grand jurors unknown, altogether of the value of $8792.-58, the same being the corporeal personal property of E. F. Burger, without the consent of the said E. F. Burger, with the intent to deprive the said E. F. Burger of the value thereof, and with the intent to appropriate it to the use and benefit of him, the said James Melvin Blevins; * * «

In connection with this allegation, and as a part of the same count, it was charged that, prior thereto, appellant had been convicted of an offense of like character — invoking the provisions of Art. 62, P. C. This count is fatally defective, in that there is no allegation that the alleged stolen property was taken from the possession of the alleged owner, or that it was taken from the possession of any person. In Ryan v. State, 76 Tex.Cr.R. 510, 176 S.W. 49, we said: “It appears to be the unbroken rule of decision in this court that an allegation of the possession from whom the stolen property was taken is necessary; the statutory definition of theft makes it a necessary ingredient, and such allegation must be proved as made.”

.In the second count, the primary offense there charged is not subject to the defect above pointed out. Possession of the alleged stolen property was properly alleged therein. In connection with that allegation, appellant was charged with having been twice theretofore convicted of felonies of the same nature — thereby invoking the provisions of Art. 63, P. C.

Both counts were submitted to the jury, which was instructed to make a specific finding upon which count it found appellant guilty, in the event of conviction. In submitting the case to the jury, the same language was employed by the trial court as is contained in the first count. In order to find appellant guilty thereunder, the jury was not required to believe that the property was taken from the possession of any person. The jury found appellant guilty under the first count and expressly so 'stated in its verdict.

It thus appears that appellant’s conviction is based upon a fatally defective indictment, which requires a reversal of the judgment and a dismissal of the prosecution.

Having so concluded, we refrain from, discussing any other questions presented by the record before us.

The judgment of the trial court is reversed and the prosecution is ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the-Judges of the Court of Criminal Appeals- and approved by the Court.
# HUNTSMAN Enriching Jives through innovation HUNTSMANADVANCED TECHNOLOGY CENTER TESTING SERVICES -ANALYTICAL SUBMITTED BY: SALAZLC REPORTED BY: E. Reed SampleiD Notebook BA53340 8957-66-A Material XOF-25S REPORT DATE: 10/18/2011 REPORT GROUP: 11-0784 Description [Acid Form] . BA53341 8957-66-B XOF-25SNA [NeutralizedForm] 

### TECHNIQUE: FT-IR CONDITIONS: Single bounce ZnSe HATRFTIR RESULTS: The samples were analyzed by FTIRusing a Pike Technologies ZnSe HATR MIRacle accessory on aNicolet Magna 560 IRbench. Individual spectra ofthe samples are attached below.

Page 1 of2

### ATTACHMENTELEVEN: PMN SUBSTANCE ONE AND PMN SUBSTANCE TWO FT-IR CONFIDENTIAL

Page 2 of2
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 Form 10-Q of Worldwide Biotech & Pharmaceutical Company
(the “Company”) on Form 10-Q for the quarter ending June 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Wenxia Guo, 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 operations of the
      Company.











/s/ Wenxia
Guo


Wenxia
Guo


Chief
Executive Officer


August
19, 2008