alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Accounting of Florence V. Lucas, as Executrix of Jeanette Di Canio, Deceased.

Surrogate’s Court, Nassau County,

March 10, 1958.

*Edward G. Wolff*and *Furman Greene*for petitioner.

*Harry J. Goman*and *Nathan Blumengarten*for Joseph Di Canio, respondent.

*John E. Perry*for Angelina Curcio.

*Stanley Kerwin*for County Federal Savings & Loan Association.

*Nathaniel W. Schwartz,*special guardian.

John D. Bennett, S.

In the judicial settlement of the account herein, all objections other than those interposed by the special guardian have been disposed of.

The rejected claim of the County Federal Savings & Loan Association has been settled by stipulation, which compromise was approved by the court at the hearing.

The first objection of the special guardian is directed to the funeral bill which he alleges is unreasonable and exorbitant. After a hearing the court allows the claim in the full amount of $826.10. The first objection is accordingly dismissed.

The second objection of the special guardian relates to an alleged failure on the part of the executrix to reject the claim of Angelina Curcio, which claim has been allowed and set forth by the executrix in Schedule D. At the hearing, testimony was adduced that sometime in 1950 the claimant, Angelina Curcio, *271loaned $800 to the decedent in connection with a real estate transaction. Since this claim has already been allowed by the executrix, section 210 of the Surrogate’s Court Act becomes operative and the burden is upon the objectant to “ show that the claim or debt was fraudulently or negligently allowed, or paid ”. No claim was made by the special guardian that any fraud or collusion was involved in the payment of this claim, and the basis of his objection is apparently that payment was made negligently. However the court finds that under the circumstances here present, the executrix acted with reasonable care in allowing the claim. The burden was upon the objectant to establish negligence on the part of the executrix, and to overcome the prima facie presumption of the validity of the claim *(Matter of Meyer,*119 N. Y. S. 2d 737; *Matter of Finch,*81 N. Y. S. 2d 658). Accordingly the second objection of the special guardian is also dismissed.

The final objection of the special guardian concerns the fee of the attorney, the basis of the objection being that it is excessive. On the facts here presented the fee sought is fair and reasonable. The court therefore dismisses the objection and fixes the attorney’s fee and disbursements in the amount requested, to cover all services rendered, including the submission of a decree hereunder and implementation thereof.

Settle decree on five days ’ notice.
Securities and Exchange Commission
450 Fifth Street, N. W.
Washington, D. C. 20549



                                        Re: Colonial Realty Limited Partnership
                                            (File No. 0-20707)
                                            Registration on Form S-3


We are aware  that our  report  dated  April 24,  2001 on our  review of interim
financial information of Colonial Realty Limited Partnership for the three-month
periods  ended  March  31,  2001  and  2000 and  included  in the  Partnership's
quarterly  report on Form 10-Q for the period then  ended,  is  incorporated  by
reference  in the  registration  statement  on Form  S-3  related  to the  Shelf
Registration  filed May 25, 2000 (File No.  333-37922).  Pursuant to Rule 436(c)
under the Securities Act of 1933, this report should not be considered a part of
the  registration  statement  prepared or  certified by us within the meaning of
Sections 7 and 11 of that Act.


                                                 /s/ PricewaterhouseCoopers LLP
                                                     PricewaterhouseCoopers LLP



Birmingham, Alabama
May 14, 2001
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MICHAEL J. SAILOR
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 18

- 3763

[ February 20, 2020 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit,

Indian River County ; Cynthia L. Cox , Judge; L.T. Case No.

312018CF001359A

.

Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant At torney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

M AY
, C IKLIN and G ERBER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RAMON GUTIERREZ-PEREZ,

 Defendant - Appellant.

No. 11-50429

D.C. No. 3:11-cr-02954-LAB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted July 17, 2012** 

Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.

Ramon Gutierrez-Perez appeals from the 30-month sentence imposed

following his guilty-plea conviction for being a deported alien found in the United

States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. 

FILED

JUL 27 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-50429

§ 1291, and we affirm.

Gutierrez-Perez contends that the district court procedurally erred by failing

to: (i) use the Guidelines range as a starting point for sentencing and keep the

Guidelines in mind during sentencing, (ii) consider the 18 U.S.C. § 3553(a) factors

other than deterrence, and (iii) explain the extent of the upward variance. The

record belies these contentions. The district court determined the correct

Guidelines range, listened to Gutierrez-Perez’s mitigating arguments, considered

the section 3553(a) factors, and sufficiently explained the sentence imposed. See

United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). 

Gutierrez-Perez also contends that his sentence is substantively

unreasonable. In light of the totality of the circumstances and the section 3553(a)

sentencing factors, particularly the need for deterrence, the sentence is

substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.
**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

 

Inconnection with the Quarterly Report of Iris BioTechnologies, Inc. (the “Company”)on Form 10-Q for the quarter ended June 30, 2010 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Simon Chin, Chief Executive Officer and Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002,that:

 

(1)                                The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

Theforegoing certification is being furnished solely to accompany the Reportpursuant to 18 U.S.C. section 1350 and is not being filed for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and is notto be incorporated by reference into any filing of the Company, whether madebefore or after the date hereof, regardless of any general incorporationlanguage in such filing.

 

 
| Date: August 2, 2010 | By:    | /s/  Simon Chin                                                 |
|---------------------------|--------|-----------------------------------------------------------------|
|                      |   | Simon  Chin                                                     |
|                      |   | President,  Chief Executive Officer and Chief Financial Officer |

 

----
Exhibit 32.1.3

CERTIFICATION

I, Sidney E. Anderson, principal financial officer of
Hawker Beechcraft Acquisition Company, LLC (the Company), hereby certify that:



|(1) | The Companys Quarterly Report on Form 10-Q for the quarter ended September 27, 2009 (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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                            
|--------------------------------------------------------------------------------------------
|/s/ Sidney E. Anderson                                                                      
|Sidney E. Anderson, Vice
President and Chief Financial Officer (Principal Financial Officer)

November 6, 2009
NORTHERN SIERRA AIR QUAL ITY MANAGEMENT DISTRICT GRETCHEN BENNITT, 

## APCO

D ISTRICT H EADQUARTERS T RUCKEE F IELD O FFICE Q UINCY F IELD O FFICE 200 Litton Drive, Suite 320 13450 Donner Pass Rd., Ste. B, Truckee, CA 96161 264 Hospital Rd.
P.O. Box 2509 P.O. Box 9766, Truckee, CA 96162 P.O. Box 3981, Quincy, CA 95971
Grass Valley, CA 95945 (530) 550-7872 / FAX: ( 530) 587-2623 (530) 283-4654 / FAX: (530) 283-0699

(530) 274-9360 / FAX: (530) 274-7546 email: ryan@myairdistrict.com email: george@myairdistrict.com
email: office@myairdistrict.com or www.myairdistrict.com



### February 9, 2012



## Fletcher Clover

75 Hawthorne St, AIR-7 San Francisco, CA 94105

ANNUAL SLAMS DATA CERTIFICATION for CY 2011

In accordance with 40 CFR Part 58.26, this letter certifies that the ambient concentration data and the quality assurance data for the Northern Sierra Air Quality Management District contained in the Aerometric Information and Retrieval System/Air Quality Subsystem (AIRS/AQS) for the calendar year 2011, is complete and accurate to the best of my knowledge taking into consideration the quality assurance findings. AQS AMP450 reports for ozone are attached.

I also authorize Norma Douglass to do anything with my data that she needs to do, in any way that she might choose to do it, for any reason that she might deem appropriate should she choose to do so ( because I trust Norma ).

SLAMS PM2.5 (88501 - when reported at local conditions) data, though not reflected in a SLAMS Data Generation Report, were also complete and are accurate to the best of my knowledge.

Joseph Fish Deputy Air Pollution Control Officer

cc: Matthew Lakin, lakin.matthew@epa.gov
Gwen Yoshimura, yoshimura.gwen@epa.gov Katherine Hoag, hoag.katherine@epa.gov Gayle Sweigert, gsweiger@arb.ca.gov

SERVING THE COUNTIES OF NEVADA, SIERRA AND PLUMAS
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 13, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51307

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OBERLIN MOLINA-NINO, also known

as Oberlin Molina-Cerda,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-1261-ALL

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

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Oberlin MolinaNino raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C.

§ 1326(b)(2) is a penalty provision and not a separate criminal

offense. The Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.
#### WHITE v. STATE.

No. 19051.

Court of Criminal Appeals of Texas.

June 2, 1937.

Horton B. Porter, of Hillsboro, for appellant.

*285Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for operating a motor vehicle upon a public highway in Hill county, Tex., while appellant was intoxicated. Punishment was assessed at a fine of $150 and sixty days in jail.

The record is before this court without statement of facts or bills of exception. Nothing is presented for review.

The judgment is affirmed.
H. R. 3262 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To provide for the conveyance of land of the Illiana Health Care System of the 

Department of Veterans Affairs in Danville, Illinois. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. LAND CONVEYANCE, DANVILLE, ILLINOIS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of Veterans 

Affairs may convey to the Danville Area Community College of 

Danville, Illinois, all right, title, and interest of the United States 

in and to certain real property, including any improvements 

thereon, consisting of approximately .6 acres known as ‘‘Building 

Number 48’’, which is part of the Illiana Health Care System 

of the Department of Veterans Affairs. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Danville Area Community College shall convey 

to the United States all right, title, and interest of Danville Area 

Community College in and to certain real property, including any 

improvements thereon, consisting of approximately 1.06 acres with 

a gazebo located approximately 293 feet south of the Danville 

Area Community College Library Building, which is part of the 

Danville Area Community College. 

(c) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the recipient 

accept the conveyed real property in its condition at the time 

of the conveyance. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the parcels of real property conveyed under subsections (a) and (b) shall be determined by surveys satisfactory 

to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 
H. R. 3262—2 

the conveyances under subsections (a) and (b) as the Secretary 

considers appropriate to protect the interests of the United States. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
In The Matter Of: 

### SERVED: DECEMBER 7, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ? ' ' ' ) ) ) ) ) DocketNo. FAA-2015-0205 JAMES JUAQUIN JORDAN Case No. 2014SW700104 Respondent ORDER DISMISSING PROCEEDING On October 14, 2015, the parties reconvened bytelephone for the Litigation Scheduling Conference continued from August 4, 2015. The parties advised the Courtthatthe parties had reached a settlement and would provide further notice to the Court upon completing the

. settlementpaperwork. OnNovember 13, 2015, the parties filed a JointNotice ofSettlement and Request for Termination ofthe Proceedings, stating that the parties "havereached settlement" and requesting "the Courtto terminate the proceedings, withoutprejudice." On December 13, 2015, the parties filed an AmendedNotice ofSettlement and Request for Termination ofthe Proceedings, requesting "the Courtto terminate the proceedings, with prejudice." 1 Afterhaving reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; IT IS HEREBY ORDERED: 1. Pirrsuant to 14 C.F.R. 

### § 13.215, the parties have withdrawn theirrespective pleadings, and this proceeding is dismissed with prejudice.

Attachment: Service List

1 The AmendedNotice also changedthe address appearing under the Respondent's signature line. The attached Service List reflects the amended address.

### DocketNo. FAA-2015-0205 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002



### Ms. Rebecca Holmes Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel (ASW-7) 2601 Meacham Blvd. Fort Worth, TX 76137 TEL: 817-222-5064 FAX: 817-222-5945/5092 Mr. James Juaquin Jordan Respondent 130 Cauley Club Ct Duluth, GA 30097 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY



### 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

2 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A2414. KILGORE v. THE STATE.

Appellant has failed to file a brief and enumeration of errors within 20 days

after the appeal was docketed as required by Court of Appeals Rule 23 (a) and as

notified in the Notice of Docketing. As Appellant has abandoned the appeal, the

appeal is hereby DISMISSED.

Because Appellant is represented by counsel, Appellant may be entitled to

pursue an out-of-time appeal. He is therefore informed of the following pursuant to

Rowland v. State, 264 Ga. 872, 875-76 (2) (452 SE2d 756) (1995): This appeal has

been dismissed because you have failed to timely pursue your appeal.If you still wish

to appeal, you may peitition the trial court for leave to file an out-of-time appeal. If

the trial court grants your request, you will have 30 days from entry of that order to

file a notice of appeal referencing your conviction. If the trial court denies your

request, you will have 30 days from entry of that order to file a notice of appeal

referencing the denial of your request for an out-of-time appeal.

The Clerk of Court is DIRECTED to send a copy of this order to Appellant and

Appellant’s attorney, and the latter is also DIRECTED to send a copy to Appellant.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

August 08, 2019

08/08/2019
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 report of Nacel Energy Corporation (the "Company") on Form
10-Q for the quarter ending September 30, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Mark Schaftlein, Chief
Executive Officer and Principal Accounting Officer of the Company, certify to
the best of my knowledge, 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 result of operations of the
Company.





A signed
original of this written statement required by Section 906, another
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.


/s/
      Mark SchaftleinMark
      SchaftleinChief
      Executive Officer and
                      Principal
      Accounting Officer


May 12,
2010
#### Sally Sanchick et al., Respondents, *v.*Board of Education of the City of New York, Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department,

January 23, 1958.

*877
      *Peter Campbell Brown, Corporation Counsel (Seymour B. Quel*and *R. L. Ellis*of counsel), for appellant.

*Jacob Rassner*and *Warren Small*for respondents.

*Per*Curiam.

The conduct of the students, while proceeding from a classroom on the fourth floor of the school building to a classroom on the fifth floor was not so unruly or disorderly that if the teacher had been at her post instead of conversing with another teacher in the hall nearby she would have been required to take some positive action to restore order. No actionable negligence has been established. To hold defendant liable in the circumstances here disclosed would be tantamount to imposing an insurer’s liability.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.
usbank(logo)



Global Corporate
Trust

190 S. LaSalle
Street, 7th Floor

MK-IL-SL7C

Chicago, IL 60603



usbank.com



Annual Statement of Compliance

Morgan Stanley Bank of America Merrill Lynch
Trust 2012-C5



VIA: EMAIL



Morgan Stanley Capital I
Inc.

1585 Broadway

New York, New York 10036

Attention: Stephen Holmes

stephen.holmes@morganstanley.com



| | Re: | ThePooling and Servicing Agreement (the “Agreement”)
dated as of July 1, 2012 among Morgan Stanley Capital I, Inc., as depositor, Bank of America, National Association, as master servicer,
Midland Loan Services, a Division of PNC Bank, National Association, as special servicer, Situs Holdings, LLC, as trust advisor,
Wells Fargo Bank, National Association, as custodian, and U.S. Bank National Association, as trustee, certificate administrator,
certificate registrar and authenticating agent
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



I, Kimberly O. Jacobs,
a Senior Vice President of U.S. Bank National Association, as Certificate Administrator, as a certifying servicer hereby certify
that:



(1) A review of the activities
of the Certificate Administrator during the preceding calendar year (the “Reporting Period”) and of the performance
of the Certificate Administrator under the Agreement has been made under my supervision; and



(2) To the best of my knowledge,
based on such review, the Certificate Administrator has fulfilled all its obligations under the Agreement in all material respects
throughout such Reporting Period



Capitalized terms used
but not defined herein have the meanings set forth in the Agreement.



Date: March 1, 2019



U.S. Bank National Association as Certificate
Administrator





| | By: | /s/ Kimberly O.
Jacobs                   | 
| | --- | ---------------------------------------- | 
| |     | Kimberly O. Jacobs
Senior Vice President |