alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Larry M. Himelein, as Cattaraugus County District Attorney, Appellant, v Michael P. Nenno, as Salamanca City Court Judge, et al., Respondents.

Judgment unanimously reversed on the law without costs, plea vacated and matter remitted to Salamanca City Court for further proceedings on the information, in accordance with the following memorandum: Supreme Court erred in dismissing the Cattaraugus County District Attorney’s CPLR article 78 petition to vacate a judgment of driving while impaired entered upon a plea of guilty by respondent Deboy before respondent Judge Nenno. The plea was accepted in satisfaction of an information charging Deboy with driving while intoxicated and related traffic offenses. The court stated that it accepted the plea because a member of the District Attorney’s office did not attend a Saturday session of the court and did not then object to defense counsel’s assertion that the arresting officer would consent to a reduced plea. However, at a pretrial conference, the Assistant District Attorney told the court and defense counsel that his office would not agree to a reduced plea and the case would have to proceed to trial.

Prohibition is appropriate in this case because the court *958exceeded its powers by reducing the charges without the express consent of the District Attorney *(see, Matter of Cosgrove v Kubiniec,*56 AD2d 709; *Matter of Blumberg v Lennon,*44 AD2d 769). Accordingly, the judgment is reversed, the plea of guilty to driving while impaired vacated and the information reinstated. On this record we perceive no compelling reason to grant the portion of the petition requesting remittal to a Judge other than respondent Nenno. (Appeal from judgment of Supreme Court, Cattaraugus County, Sprague, J.—art 78.) Present—Dillon, P. J., Callahan, Doerr, Green and Law-ton, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Pension Partners  1994-D,  Ltd.'s balance sheet and statement of operations con-
tained in its Form 10-Q for the quarter  ended June 30, 1998 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   JUN-30-1998
<CASH>                                         55,510
<SECURITIES>                                   0
<RECEIVABLES>                                  31,592
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               87,102
<PP&E>                                         3,092,470
<DEPRECIATION>                                 (1,376,537)
<TOTAL-ASSETS>                                 1,803,035
<CURRENT-LIABILITIES>                          72,161
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,730,874
<TOTAL-LIABILITY-AND-EQUITY>                   1,803,035
<SALES>                                        90,011
<TOTAL-REVENUES>                               94,686
<CGS>                                          0
<TOTAL-COSTS>                                  406,800<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (337,827)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (337,827)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (337,827)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        


</TABLE>
Exhibit 32

                            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 Deep Well Oil & Gas,  Inc.  (formerly
Allied Devices Corporation),  a Nevada corporation (the "Company"), on Form 10-K
for the year ended September 30, 2003, as filed with the Securities and Exchange
Commission (the "Report"),  David Roff,  President,  CEO, Chairman of the Board,
sole  Director  and Chief  Financial  Officer of the  Company,  does each hereby
certify,  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C. ss.
1350), that to his 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.

December 31, 2003

By: /s/  DAVID ROFF
   ----------------
   David Roff
   President, CEO, Chairman of the Board, Sole Director and CFO
P. 1


# OAR Box 1830 Prepped by Ollie Stewart



### Document

Number: 

# 124 ) IV-C-9

0 Docket Number: 

# A-87-1 1

Printed 11/13/2008 7:20:57

AM Sheet 124 of 232^

•"" I 

### P. 2

Honorabl e Pau l C . (Buddy ) Scrugg s 11 2 Wa r Memoria l Buildin o Nashville , T

N 3721 9 Dea r Mr . Scruggs : Thi s i s i

nrespons e t o you r Februar y 5 , 198 8 letf

c Administrato r Le e Thoma s concernin g the safet y implie s KPA * 9 proposa l t o requir e onboar dvapo r recover y futur e vehicles. - EP A i s concerne d abou t vehicl e safetf ) takin g al l possibl e step s t o resolve the safet y issttj j proceedin g wit ha fina l rule . Insuppor t o f ou r Augus t 19 , 198 7 onboar dproposa l *m performe da

nanalysi s entitle d "Safet y Implication s o f Onboar d Refuelin g Vapo r Recover y Systems. " I hav e enclose da copy o f thi s repor t for you r use . Thi s repor t addresse dthe concern s whic hha

dbee nraise d previousl y an ddiscusse dpotentia l solutions . A s vo u ina

v know , w e hel d publi c hearino s o nthe proposa l in Octobe r ^98 7 and hav e receive- ^ man y writte ncomment s fro m intereste d Parties . W e ar p no

w i nthe proces s o f reviewin g s e co^rcents . I n th e nea r futur e w e wil l b e revising ou r -t v analysi s i

nrespons e t o th?

- c it s received . A s Par t >nsultationproces s ith th e Departmen t o f asportatio n (DOT ) we 1 1 provid e ou r revise d analysi s b o to r revie

w an d corcment * Afte r receiv e DOT' S comment s w e repropos e the n:l « tnr ouh. 1 '- . believ e tha t proces s wil l allo wfo r - copolet e • '•"' thoroug h r^vl^ wo f safet y question . SDSB:Carlson:D i 11 i p g ^am • ? 5^R Plymouthfcd.:X270:2/26/88: IP# s5773 W Cas t revi-v 0

- 1 b

yCharle s Grav^V 1 AX8 IP. 3

ENVIRONMENTA L PROTECTIO N

AGEWC Y 

### MA R 

### 2 2 1988 CENTRA L DOCKE T SECTIO NP. 4

Than kvo u fo rv•, .H , .' " 1 ^tts r

nnO v.-'j " i , n t *> T"t - ••-~ t"h c onoo- ' •/noo r recover y orooo: - .•;'.
. V'< ? wi 1 " * r-i.r.c-'.

- 7r»;v

r ii^ttc- ;n i r- u >." > 3 .\ c docke tfo rth . 1 s ru 1 e ; ~ ;

> ki n q .

Enclosur e c c : Docke tA-87-1 1 Sincerely , 

# Ity 

# j. Crai

3 

## « Potk J . Crai g Potte r Assistan t Administrato r Offic e o f Ai r & Radiatio n
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
STATEMENTS OF FINANCIAL CONDITION, OPERATIONS, AND CHANGES IN TRUST
CAPITAL AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      10,130,445
<SECURITIES>                                62,657,854
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            75,872,316
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              75,872,316
<CURRENT-LIABILITIES>                        1,795,788
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  74,076,528
<TOTAL-LIABILITY-AND-EQUITY>                75,872,316
<SALES>                                              0
<TOTAL-REVENUES>                             1,819,387
<CGS>                                                0
<TOTAL-COSTS>                                1,619,704
<OTHER-EXPENSES>                                59,404
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                140,279
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   140,279
<EPS-PRIMARY>                                     0.92
<EPS-DILUTED>                                     0.92
        

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 244 Introduced in House (IH)]

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;
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
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) the unprovoked attack on innocent Lubavitcher 
        rabbinical students on March 1, 1994, was an abhorrent act of 
        bigotry and hatred; and
            (2) the Palestine Liberation Organization and other 
        representatives of the Palestinian people should condemn the 
        attack and take all appropriate steps within their control to 
        deter all future attacks on innocent citizens.

                                 <all>
```
#### THOMPSON v. STATE.

No. 22066.

Court of Criminal Appeals of Texas.

April 15, 1942.

Rehearing Denied May 27, 1942.

Alex P. Pope, of Tyler, for appellant. Spurgeon E. Bell, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Upon his plea of guilty, appellant was convicted of passing a forged instrument, and his punishment assessed at two years in the state penitentiary.

The record is before us without statement of facts or bills of exception.

No error appearing, 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
---

Exhibit 15.1

CONSENT OF EXPERT

We hereby consent to the use and
reference to our name and reports evaluating Berkley Resources Inc.'s (the
"Company") oil and gas reserves as of December 31, 2007 and the information
described or incorporated by reference in the Company's Annual Report on Form
20-F for the year ended December 31, 2007.

|Dated: July 14, 2008 | AJM PETROLEUM CONSULTANTS
|-------------------- | -------------------------
|                     |                          
|                     |                          
|                     | /s/
      Lynn Kis       
|                     | Lynn Kis, P. Eng.        
|                     | Vice President           

---
Exhibit 32



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



In connection with the Quarterly Report of PACE Health Management Systems, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Pappajohn, Acting Chief Executive Officer and Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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/ John Pappajohn                                                                           
| | ---------------------------------------------------------------------------------------------
| | John PappajohnActing Chief Executive Officer andActing Chief Financial OfficerAugust 14, 2006

A signed original of this written statement required by Section 906 has been provided to and will be retained by PACE Health Management Systems, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.

---
EXHIBIT 32.1

CERTIFICATE OF THECHIEF EXECUTIVE OFFICER
OF FNBH BANCORP, INC.

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

I,
Ronald L. Long, President and Chief Executive Officer of FNBH Bancorp, Inc., certify, to
the best of my knowledge and belief, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. 1350) that:

(1)       
          The quarterly report on Form 10-Q for the quarterly period ended March 31, 2009,
          which this statement accompanies, fully complies with requirements of Section
          13(a) or 15(d) of the Securities Exchange Act of 1934 and;

(2)       
          The information contained in this quarterly report on Form 10-Q for the
          quarterly period ended March 31, 2009, fairly presents, in all material
          respects, the financial condition and results of operations of FNBH Bancorp,
          Inc.

|Date:  May 12, 2009 | FNBH BANCORP, INC.By /s/ Ronald L. Long      
            Ronald L. LongIts: President and Chief Executive Officer
|------------------- | --------------------------------------------------------------------------------------------------------------------------------

The 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 FNBH Bancorp, Inc.
and will be retained by FNBH Bancorp, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
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 Conmed Healthcare Management, Inc. (the
“Company”) on Form 10-Q for the period ended June 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Thomas
W. Fry, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §
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.





August
      16, 2010By
      /s/ Thomas W. FryThomas
      W. FryChief
      Financial Officer





A
signed original of this written statement required by Section 906 has been
provided to and will be retained by Conmed Healthcare Management, Inc. and will
be furnished to the Securities and Exchange Commission or its staff upon
request.
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORTH WORTH DIVISION 

ERIC JACKSON, et. al., 

 Plaintiffs, 

 v. 

ALEJANDRO N. MAYORKAS, 

Secretary of Homeland Security, et al., 

 Defendants. 

Case No. 4:22-cv-0825-P 

DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY 

Defendants respectfully provide notice of a recent decision in Alvarado v. Austin, No. 1:22-

cv-876 (E.D. Va.) (attached as Exhibit 1), in which the U.S. District Court for the Eastern District 

of Virginia (i) denied the plaintiffs’ motion to preliminarily enjoin the defendants1

 from enforcing 

the military’s COVID-19 vaccination requirement or from taking any adverse action against the 

plaintiffs for refusing to become vaccinated against COVID-19, and (ii) dismissed the case sua 

sponte on justiciability grounds. See id. at 1, 19. The plaintiffs in Alvarado (like Plaintiffs here) 

sought injunctive relief from the military’s vaccination requirement on behalf of themselves and a 

putative class, see id. at 2, 8, alleging that the requirement violates, inter alia, the Religious 

Freedom Restoration Act and the First Amendment’s Free Exercise Clause, see id. at 5 & n.11. 

Applying principles of judicial deference to military decision-making regarding force readiness 

and operations, see id. at 8–10, the district court found that plaintiffs’ claims were non-justiciable 

either (i) because they challenged “non-justiciable military judgments,” id., or (ii) because the 

plaintiffs had not exhausted all available administrative remedies, including completing separation 

1

 The defendants in Alvarado were the Secretary of Defense, the Secretary of the Navy, the 

Secretary of the Army, the Secretary of the Department of Health and Human Services, the 

Commissioner of the Food and Drug Administration, and the Director of the Centers of Disease 

Control and Prevention. 

Case 4:22-cv-00825-P Document 49 Filed 12/07/22 Page 1 of 2 PageID 1190
2 

proceedings, and even if they had, each of the four Mindes factors weighed against judicial 

intervention, id. at 10–16 (citing Mindes v. Seaman, 453 F.2d 197 (5th Cir. 1971)). 

Dated: December 7, 2022 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

ALEXANDER K. HAAS 

Branch Director 

ANTHONY H. COPPOLINO 

Deputy Branch Director 

 /s/ Johnny Walker 

CODY T. KNAPP (NY Bar #5715438) 

JOHNNY H. WALKER (D.C. Bar #991325) 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW, Rm. 12304 

Washington, D.C. 20530 

Tel.: (202) 514-3183 / Fax: (202) 616-8460 

Email: johnny.h.walker@usdoj.gov 

Counsel for Defendants

Case 4:22-cv-00825-P Document 49 Filed 12/07/22 Page 2 of 2 PageID 1191
I

103D CONGRESS

1ST SESSION H. R. 1370

To amend the Harmonized Tariff Schedule of the United States to change

the rate of duty for certain bicycles.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1993

Ms. SLAUGHTER introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Harmonized Tariff Schedule of the United

States to change the rate of duty for certain bicycles.

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

3 SECTION 1. CERTAIN LIGHTWEIGHT BICYCLES.

4 (a) IN GENERAL.—Chapter 87 of the Harmonized

5 Tariff Schedule of the United States is amended by redes6 ignating subheading 8712.00.40 as subheading

7 8712.00.45, and by inserting in numerical sequence the

8 following new subheadings, with superior text, with the su9 perior text having the same degree of indentation as the

10 article description for such subheading 8712.00.45:
2

•HR 1370 IH

‘‘ Bicycles having front wheels

exceeding 55 cm in diameter

but not exceeding 63.5 cm in

diameter and rear wheels exceeding 63.5 cm in diameter,

if weighing less than 16.3 kg

complete without accessories

and designed for use with tires

having a cross-sectional diameter not exceeding 4.13 cm:

8712.00.41 Valued at $200 or greater .. 5.5% Free (E, IL)

2.7% (CA)

30%

8712.00.42 Valued at less than $200 .... 15% Free (E, IL)

7.5% (CA)

30%

’’.

1 (b) STAGED RATE REDUCTION.—Any staged reduc2 tion of a special rate of duty set forth in subheading

3 8712.00.25 of the Harmonized Tariff Schedule of the

4 United States that was proclaimed by the President before

5 the date of the enactment of this Act and that would oth6 erwise take effect after the date of the enactment of this

7 Act shall also apply to the corresponding special rate of

8 duty set forth in subheading 8712.00.41 (as added by sub9 section (a)).

10 SEC. 2. EFFECTIVE DATE.

11 (a) IN GENERAL.—The amendment made by this Act

12 shall apply with respect to articles entered, or withdrawn

13 from warehouse for consumption, on or after the date that

14 is 15 days after the date of the enactment of this Act.

15 (b) RELIQUIDATION.—Notwithstanding section 514

16 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other

17 provision of law, upon a request filed with the appropriate

18 customs officer before the date that is 90 days after the

19 date of the enactment of this Act, any entry of an article

20 described in subheading 8712.00.41 of the Harmonized
3

•HR 1370 IH

1 Tariff Schedule of the United States (as added by this

2 Act) that was made—

3 (1) after December 31, 1988; and

4 (2) on or before the date that is 15 days after

5 the date of the enactment of this Act,

6 shall be liquidated or reliquidated as though such entry

7 occurred on the day after the date that is 15 days after

8 the date of the enactment of this Act.

Æ