alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C l I - l ". lit li di NO, 41 ..di Of 14 A 1 1 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21-0535

FLATHEAD LAKERS INC., a Montana Nonprofit Public benefit corporation, AMY J. WALLER, STEVEN F. MOORE, CYNTHIA S. EDSTROM, ADELE ZIMMERMAN, MARTIN FULSAAS, GAIL A. WATSON-FULSAAS, LAUREL FULLERTON, ALAN COIT, DEIRDRE COIT, and FRANK M. WOODS,

Plaintiffs and Appellees, WATER FOR FLATHEAD'S FUTURE,

Intervenor and Appellee, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION,

Defendant and Appellant, MONTANA ARTESIAN WATERCOMPANY,

Defendant and Appellant. 

# r yL JUN 2 7 2023 Bowen G unviood ClerK of E.

, L fame Court State of Montana

ORDER

Montana Artesian Water Company (Artesian) has filed a Petition for Rehearing of this Court's Opinion entered May 16, 2023. See Flathead Lakers Inc. v. Mont. Dep't of Nat. Res. & Conservation, 2023 MT 85, 412 Mont.225. Water for Flathead's Future, Inc., et al. (collectively "Appellees")have filed an objection to the Petition. This Court "will consider a petition for rehearing presented only upon [a showing] [t]hat it overlooked some fact material to the decision; [t]hat it overlooked some question presented by counsel that would have proven decisive to the case; or [t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. 06/27/2023

Case Number: DA 21-0535App. P. 20(1)(a). "A petition for rehearing is not a forum in which to rehash arguments

made in the briefs and considered by the Court." State ex rel. Bullock v. Philip Morris, Inc., 217 P.3d 475, 486, 2009 Mont. LEXIS 443 (citingM. R. App. P. 20(1)(a)). Having reviewed the Petition and Appellees' response, we conclude that Artesian has not demonstrated the existence any ofthe criteria, including an overlooked fact or a conflict with controlling authority,whichwould warrant rehearing. M.R.App.P.20(1)(a)(i)-(iii). Artesian's contention that the Court erroneously characterized the subject well as having been "pumped" forthree months prior to the March 2015 aquifer test, when it was instead merely allowed to "flow" during this time, does not undermine the materiality of that fact. However termed, the salient point is that the quantity, duration, and timing of this outflow raised questions concerning Artesian's aquifer test practices. Artesian also contendsthat DNRC did consider other surfacewaterrights and that itsoverlooking ofthe Waller right was "an inconsequential and harmless error." However, several DNRC officials testified that surface waters, such as Wallers', were not evaluated for legal availability, in direct violation of Admin R. M. 36.12.1704. Artesian's remaining contentions are either not material to our decision, or a re-hash ofarguments addressed in the opinion. Therefore, IT IS ORDERED that the Petition for Rehearing isDENIED and DISMISSED. TheClerkofthe SupremeCourtisdirectedtoprovideacopyofthisOrdertocounsel ofrecord. DATED thisa3

- day ofJune, 2023.

2 ChiefJigticeustices
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Eric S. Yeaman, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Turnstone Systems, Inc. on Form 10-K for the fiscal year ended December 31, 2003, fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Turnstone Systems, Inc. A signed original of this written statement
required by Section 906 has been provided to Turnstone Systems, Inc., and will be retained by Turnstone Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



|                    |  |  |  |                                                                    |  |  |  | 
|------------------- |  |  |  | ------------------------------------------------------------------ |  |  |  | 
|                    |  |  |  |                                                                   
|                    |  | 
|Date: March 9, 2004 |  |  |  | /s/    Eric S. Yeaman                                             
|                    |  |  |  | Eric S. Yeaman Chief Executive
Officer and Chief Financial Officer



A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the Form 10-K to which it relates, is not deemed filed with
the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of this Form 10-K),
irrespective of any general incorporation language contained in such filing.
Exhibit 99.4

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Ronald
O. Brendengen, Chief Financial Officer of Berthel Fisher & Company Planning,
Inc., the Trust Advisor 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 Company's 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.


August 11, 2003                             /s/  Ronald O. Brendengen
                                            -----------------------------------
                                                 Ronald O. Brendengen
                                                 Chief Financial Officer
                                                 Berthel Fisher &
                                                 Company Planning, Inc.
                                                 Trust Advisor
                                                 Berthel Growth & Income Trust I
#### MATHEWS v. STATE.

No. 21777.

Court of Criminal Appeals of Texas.

Dec. 3, 1941.

J. Piner Powell, of Brownwood, for appellant.

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

BEAUCHAMP, Judge.

Appellant was charged by indictment with the theft of an automobile and was assessed a penalty of five years in the penitentiary, from which he appeals.

The record is before us without a bill of exception. Motion for new trial was filed and presented to the court,/but the transcript on the hearing is in question and answer form' and, consequently, cannot be considered by this court under our statute and the holdings of the court.

The proceedings appear to be regular. The facts presented on the trial of the case justify the jury’s verdict. The judgment of the trial court is affirmed.
IV

103D CONGRESS

1ST SESSION H. CON. RES. 158

Recognizing the International Rescue Committee, on the occasion of the

60th anniversary of the founding, for its great humanitarian endeavors.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 1993

Mr. LANTOS submitted the following concurrent resolution; which was referred

to the Committee on Foreign Affairs

CONCURRENT RESOLUTION

Recognizing the International Rescue Committee, on the occasion of the 60th anniversary of the founding, for its

great humanitarian endeavors.

Whereas the International Rescue Committee, which this year

is marking the 60th anniversary of its founding, is a beacon of hope for the world’s refugees, displaced by war,

civil insurrection, ethnic conflict, political and religious

persecution, and famine;

Whereas in crisis after crisis—in Europe, Central America,

Africa, and Asia—the field staff of the International Rescue Committee is often the first relief support on site to

ease the suffering of refugees by stabilizing health conditions with critically needed sanitation, health care, and

medical assistance;
2

•HCON 158 IH

Whereas the programs of the International Rescue Committee are also concerned with improving the quality of life

for refugees by preparing them for a productive future

through educating children and building new skills among

adults;

Whereas often and whenever possible, programs implemented

by the International Rescue Committee are ultimately

turned over to the refugees themselves after they have

been well trained by International Rescue Committee

staff and volunteers;

Whereas the International Rescue Committee was founded in

1933 as a nonsectarian response to the increasing horrors of Nazi Germany;

Whereas as the need for humanitarian assistance expanded,

so has the International Rescue Committee’s commitment

to refugees;

Whereas throughout the world, from Bosnia to Somalia, from

Cambodia to El Salvador, the International Rescue Committee continues to aid refugees with medical assistance,

shelter, food, and skills-training;

Whereas the International Rescue Committee also helps in repatriation or resettlement to assist refugees in starting

their life anew;

Whereas in its 60 years of service, the International Rescue

Committee has not only provided for victims of brutality

and for those suffering from natural disasters with services essential for survival and the means to rebuild their

lives, but also has given them reason to have renewed optimism in the compassion and goodwill of their fellow

human beings; and
3

•HCON 158 IH

Whereas October 15, 1993, the 60th anniversary of the

founding of the International Rescue Committee, is an

appropriate day on which to give recognition to the International Rescue Committee for its great humanitarian

endeavors: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That on the occasion of the 60th anniversary

3 of the founding of the International Rescue Committee,

4 the Congress hereby recognizes the International Rescue

5 Committee for its great humanitarian endeavors.

Æ
IV

103D CONGRESS

2D SESSION H. CON. RES. 244

To condemn the March 1, 1994, attack on American Lubavitcher students.

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 1994

Mr. KYL submitted the following concurrent resolution; which was referred

jointly to the Committees on Foreign Affairs and the Judiciary

CONCURRENT RESOLUTION

To condemn the March 1, 1994, attack on American

Lubavitcher students.

Whereas, on March 1, 1994, a group of American

Lubavitcher rabbinical students traveling in a van in New

York City were shot at by a man of Lebanese descent

who reportedly shouted ‘‘kill the Jews’’;

Whereas the rabbinical students were innocent passengers

and not guilty of any offense;

Whereas one rabbinical student was killed and several others

wounded by the attack;

Whereas acts of racial and religious bigotry are morally reprehensible;

Whereas acts of violence and terrorism fuel hatred and spur

other acts of revenge;
2

•HCON 244 IH

Whereas the assault may have been in retaliation for the attack against Muslim worshipers in the Mosque of Abraham in Hebron on February 25, 1994;

Whereas the students were returning from a prayer vigil and

were not engaged in any activity relating to the uprisings

in the West Bank and Gaza;

Whereas the Israeli Government has condemned the Hebron

attack and has taken steps to confiscate arms, establish

order, and discourage further acts of violence; and

Whereas the leadership of the Palestine Liberation Organization has not publicly prevailed upon the international

Arab community to take commensurate steps and withhold acts of random violence: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) the unprovoked attack on innocent

4 Lubavitcher rabbinical students on March 1, 1994,

5 was an abhorrent act of bigotry and hatred; and

6 (2) the Palestine Liberation Organization and

7 other representatives of the Palestinian people

8 should condemn the attack and take all appropriate

9 steps within their control to deter all future attacks

10 on innocent citizens.

Æ
#### NOLAN v. STATE.

No. 25518.

Court of Criminal Appeals of Texas.

Nov. 28, 1951.

No attorney on appeal, for appellant.

Henry Wade, Dist. Atty., Charles S. Potts, Asst. Dist. Atty., Dallas, George P. Blackburn, State’s Atty., of Austin, for the State.

MORRISON, Judge.

The offense is robbery; the punishment, 35 years.

There being no statement of facts or bills of exception in the record, the judgment of the trial court is affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FINANCIAL STATEMENTS FOR THE SIX MONTH PERIOD ENDED JUNE 30, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-Q FOR QUARTERLY PERIOD
ENDED JUNE 30, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         901,809
<SECURITIES>                                         0
<RECEIVABLES>                                4,036,840
<ALLOWANCES>                                 (150,000)
<INVENTORY>                                  3,861,371
<CURRENT-ASSETS>                             9,265,917
<PP&E>                                       3,761,433
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              13,494,584
<CURRENT-LIABILITIES>                        8,976,309
<BONDS>                                      1,530,810
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        125
<COMMON>                                         3,416
<OTHER-SE>                                   2,983,924
<TOTAL-LIABILITY-AND-EQUITY>                13,494,584
<SALES>                                     13,036,533
<TOTAL-REVENUES>                            13,036,533
<CGS>                                        7,584,778
<TOTAL-COSTS>                                5,477,995
<OTHER-EXPENSES>                           (1,219,173)
<LOSS-PROVISION>                                42,200
<INTEREST-EXPENSE>                             421,022
<INCOME-PRETAX>                                729,711
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            729,711
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   729,711
<EPS-PRIMARY>                                      .18
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</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 Annual Report of Rodman & Renshaw Capital Group, Inc.
(the Company) on Form 10-K for the fiscal year ended December 31, 2007 as
filed with the Securities and Exchange Commission (SEC) on the date hereof
(the Report), I, Thomas Pinou, Chief Financial 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:

(1)
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.

A signed original of
this written statement has been provided to the Company and will be retained by
the Company and furnished to the SEC or its staff upon request.

Dated: March 14, 2008

|                             
|-----------------------------
|/s/ THOMAS
  PINOU           
|                             
|Thomas Pinou                 
|Chief Financial Officer      
|(Principal Financial Officer)

---
#### HOFFMAN v. STATE.

No. 22991.

Court of Criminal Appeals of Texas.

Jan. 10, 1945.

Rehearing Denied March 14, 1945.

*730A. L. Carlton and Chas. Owen, both of El Paso, for appellant.

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

DAVIDSON, Judge.

The offense is for keeping a bawdy-house; the punishment, a fine of $200 and twenty days in jail.

Appellant was the actual owner of the house involved. The witness Irene Me-drana testified to facts showing that the house was a • bawdyhouse, that is, a place where prostitutes resorted for the purpose of plying their vocation; that she operated the same as the employee of, and under the direction of, the appellant; and that appellant prescribed the amounts charged and to be charged by the prostitutes, a fixed part of which was paid to him. Anita Luna, a prostitute inmate of the house, corroborated the accomplice witness Medrana as to appellant’s connection with, and operation of, the house.

The sole question presented for review is whether the witness Luna was an accomplice witness as a matter of law or as a fact issue. Special requested charges, as well as exception to the court’s charge, were presented and reserved, raising the question.

There was no testimony showing or tending to show that the witness Luna had anything to do with, or was in any manner connected with, the operation or keeping of the house. She appears only to have been an inmate of the same. She was, therefore, not an accomplice because no prosecution would lie against her for keeping the bawdyhouse. Such is the test to be applied to determine whether or not an inmate of the house is or is not an accomplice, in cases of this character. Stone v. State, 47 Tex.Cr.R. 575, 85 S.W. 808; Clark v. State, 86 Tex.Cr.R. 585, 218 S.W. 366; Ponder v. State, 110 Tex.Cr.R. 627, 10 S.W.2d 720; Branch’s P.C., Sec. 702.

The -judgment of the trial court is affirmed.

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.

On Motion for Rehearing.

HAWKINS, Presiding Judge.

Appellant insists that the evidence raises an issue whether Anita Luna was connected with the house in such manner as would make her an accomplice witness, and that such issue should have been'submitted to the jury.

We have again examined, the facts and think the issue not raised.

The motion for rehearing is overruled.
#### COKER v. STATE.

No. 26029.

Court of Criminal Appeals of Texas.

Nov. 12, 1952.

Howard J. Hendrix, Houston, for appellant.

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

DAVIDSON, Commissioner.

This is a conviction for drunk driving, with punishment assessed at a fine of $250.

According to the state’s testimony, appellant, while driving a taxicab, struck the rear of and ran into the automobile of Moules while waiting on a signal light.

*669Moules, who assisted appellant out of the taxicab, testified that appellant was intoxicated at the time and under the influence of intoxicating- liquor. Two members of the Houston police department who arrived at the scene soon after the collision corroborated the witness Moules as to appellant’s intoxication.

Appellant, testifying as a witness in his own behalf, admitted that a short time prior thereto he had drunk "a couple of beers,” but denied that he was intoxicated. He insisted that the collision, or running into the Moules automobile, was an accident caused by his foot slipping from the brake pedal and onto the accelerator as he was attempting to stop the taxicab. According to his testimony, as a result of the collision he received a head injury, which caused him to “black out” soon thereafter.

The facts abundantly support the jury’s conclusion of guilt.

Appellant insists that the information, in order to show jurisdiction, should contain an averment as to whether the alleged intoxicated driving was the first or the subsequent offense by the accused.

The felony offense of driving an automobile while intoxicated subsequent to a prior conviction, as provided by art. 802b, Vernon’s P. C., is a separate and distinct offense, and in order to charge that offense, the prior conviction must be alleged. Obviously, therefore, when no prior conviction is alleged in the information, only the misdemeanor offense, as provided by art. 802, Vernon’s P. C., is charged.

Here, the information contained no allegation of a prior conviction and charged only the misdemeanor offense over which the trial court had jurisdiction and of which the appellant was convicted.

The issue before the jury, under the pleading and the evidence, was whether appellant was or was not intoxicated at the time he operated the taxicab.

Whether the appellant was or was not at fault in the collision, or same was an accident, was not an issue before the jury. Everything could have happened as appellant testified, and yet he would have been guilty as charged, for guilt was made to depend upon whether he was or was not intoxicated prior to the collision.

We are unable, therefore, to see wherein the appellant was injured, or wherein the trial court fell into error in failing to permit appellant to introduce testimony as to his susceptibility to “black outs.”

The argument of the prosecuting attorney, which is here complained of, appears to be a reasonable deduction from the facts. No useful purpose would be served to here set forth the argument.

No reversible error appearing, the judgment is affirmed.

Opinion approved by the court.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00444-CV

In re Rachel K. Vaughan

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N 

The petition for writ of mandamus and the motion for expedited temporary relief 

are denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Thomas J. Baker, Justice

Before Chief Justice Rose, Justices Baker and Kelly

Filed: September 8, 2020