alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
419 P.2d 738

#### Sam SCHNEIDER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona and Reidhead & Chearson Lumber Company, Inc., Respondents.

No. 1 CA-IC 95.

Court of Appeals of Arizona.

Nov. 4, 1966.

Gorey & Ely by Stephen S. Gorey, Phoenix, for petitioner.

Robert K. Park, Chief Counsel by Joyce Volts, Phoenix, for respondents.

DONOFRIO, Judge.

The record of The Industrial Commission in relation to the petitioner’s claim before that body has been brought to us by a Writ of Certiorari for the purpose of review. The record reflects a series of unsuccessful efforts on the part of the petitioner to secure compensation. Petitioner did not employ an attorney to represent him until the matter had been determined. There is little to indicate that had petitioner obtained the services of an attorney at the inception of the proceedings that the result would have been different. Our review of the record persuades us that the award is to be affirmed.

The award is affirmed.

STEVENS, C. J., and CAMERON, J., concur.
_______________________________________ __ Michigan Supreme Court 

# Order
Lansing, Michigan

October 18, 2006 Clifford W. Taylor, Chief Justice 130182 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 130182 COA: 257557 Wayne CC: 02-014804-01 HANS LEE THOMAS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the November 1, 2005 judgment of the Court of Appeals is considered and, it appearing to this Court that the case of People v Smith (Docket No. 130353) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER th at the application be held in ABEYANCE pending the decision in that case.

p1011 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 18, 2006
Clerk
----

JUDGMENT OF THE COURT

(Grand Chamber)

of 7 September 2004

in Case C-347/02: Commission of the European Communities v French Republic (1)

(Insurance - Third non-life insurance directive - Bonus-malus system)

(2004/C 262/09)

Language of the case: French

In Case C-347/02, action under Article 226 EC for failure to fulfil obligations, brought on 30 September 2002, Commission of the European Communities (Agents: C. Tufvesson and J.-F. Pasquier) v French Republic (Agents: G. de Bergues, P. Boussaroque and C. Mercier) — the Court (Grand Chamber), composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans (Rapporteur), C. Gulmann and J.N. Cunha Rodrigues, Presidents of Chambers, R. Schintgen, F. Macken, N. Colneric, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts,, Judges; C. Stix-Hackl, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, has given a judgment on 7 September 2004 in which it:

----

(1)OJ C 289 of 23.11.2002.

----
<PAGE>

                                                                      EXHIBIT 32

                           CERTIFICATIONS 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 QualMark Corporation (the "Company")
on Form 10-QSB for the period ended June 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Charles D.
Johnston, President & Chief Executive Officer, 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 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, as of, and for the periods presented in the Report.

/s/ Charles D. Johnston
-----------------------------------
Charles D. Johnston
President & Chief Executive Officer
August 12, 2005

In connection with the Quarterly Report of QualMark Corporation (the "Company")
on Form 10-QSB for the period ended June 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Anthony A. Scalese
Chief Financial Officer & Principal Accounting Officer, 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 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, as of, and for the periods presented in the Report.

/s/ Anthony A. Scalese
------------------------------------------------------
Anthony A. Scalese
Chief Financial Officer & Principal Accounting Officer
August 12, 2005

A signed original of these written statements required by section 906 have been
provided to QualMark Corporation and will be retained by QualMark Corporation
and furnished to the Securities and Exchange Commission or its staff upon
request.

                                       24
EXHIBIT 32.2

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

The undersigned, Sterling H. McDonald, Chief Financial Officer of Natural Gas
Systems, Inc. (the "Company"), certifies in connection with the filing with the
Securities and Exchange Commission of the Company's Quarterly Report on Form
10-QSB for the quarter ended December 31, 2005 (the "Report")") pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to his knowledge, that:

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

2. The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company as of
and for the periods covered in the Report.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
14th day of February 2006.


                                       /s/ STERLING H. MCDONALD
                                       -----------------------------------------
                                       Sterling H. McDonald
                                       Chief Financial Officer


A signed original of this written statement required by Section 906 has been
provided to Natural Gas Systems, Inc. and will be retained by Natural Gas
Systems, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request. The foregoing certificate is being furnished to the
Securities and Exchange Commission as an exhibit to this Form 10-QSB and shall
not be considered filed as part of the Form 10-QSB.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AUDREY L. KIMNER,

Plaintiff

- Appellant,

v.

CAPITAL TITLE OF TEXAS, LLC; et al.,

Defendants

- Appellees. No. 20

- 15861

D.C. No. 5:19

- cv

- 07576

- EJD

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California Edward J. Davila, District Judge, Presiding

Submitted March 16, 2021 * *

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Audrey L. Kimner appeals pro se from the district court ’ s order dismissing

her action alleging federal and state law claims arising from Texas state court cases

in which Kimner claimed fraud in the sale of her condominium. We have

jurisdiction un der 28 U.S.C. § 1291. We review de novo a dismissal u nder the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAR 18 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 15861

Rooker

- Feldman doctrine

, Noel v. Hall , 341 F.3d 1148, 1154 (9th Cir. 2003) , and

under 28 U.S.C. § 1915(e)(2)(B), Watison v. Carter , 668 F.3d 1108, 1112 (9th Cir.

2012)

. We affirm.

The district court properly dismissed Kimner’s claims against all defendants

(except Margaret A. Poissant) for lack of subject matter jurisdiction under the

Rooker

- Feldman doctrine because her claims are a “de facto appeal” of the Texas

state court decision s

. Noel , 341 F.3d at 1163

- 65.

The district court properly dismissed nonresident defendant Poissant because

Kimner failed to allege facts sufficient to establish that the district court had

personal jurisdiction over her

. See Schwarzenegger v. Fred Martin Motor Co ., 374

F.3d 797, 801

- 02 (9th Cir. 2004) (discussing requirements for general and specific

personal jurisd iction).

We reject as unpersuasive Kinmer’s contention s that Magistrate Judge

Cousins was biased or conspired against her.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations rai sed for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50200 Summary Calendar

DENNIS LIPTON, Petitioner-Appellant,

versus F. WHITTEN PETERS, Acting Secretary of the U.S.. Air Force; MARGIE L. HUMPHREY, Colonel, Commander, HQARPC, Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-235-EP

-------------------- November 30, 2000 Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Dennis Lipton appeals following the district court’s denial of his 28 U.S.C. § 2241 habeas petition challenging the Air Force’s denial of his discharge application based upon him being a conscientious objector. Lipton argues that, although the Secretary of the Air Force concluded that the primary reason for the application was Lipton’s disappointment over not obtaining a residency in pathology as he had requested, the Secretary did not determine whether Lipton’s application was also substantiallyNo. 00-50200 -2- motivated by his opposition-to-participation-in-war beliefs. Lipton also argues that, if the Secretary’s decision found that Lipton’s conscientious-objection beliefs were not sincere, there was no basis in fact supporting that finding.Our review of the Air Force’s denial of a conscientiousobjector discharge is extremely narrow. DeWalt v. Commanding Officer, Fort Benning, GA. , 476 F.2d 440, 442 (5th Cir. 1973). Such a denial must be sustained if this court can discern any basis in fact for it. Silverthorne v. Laird , 460 F.2d 1175, 1179 (5th Cir. 1972). Our review of the Secretary’s decision reveals that theSecretary determined that Lipton’s professed objection-toparticipation-in-war beliefs were not sincere. Lipton’s argument that the Secretary failed to determine whether Lipton’s discharge application was substantially motivated by qualified beliefs and his attempt to apply the holding in Pitcher v. Laird , 421 F.2d 1272, 1278-80 (1978), to his case are without merit. A review of the record reveals that there is a basis in fact supporting the Secretary’s determination that Lipton’s professed beliefs were not sincere. See Hopkins v. Schlesinger , 515 F.2d 1224, 1228 (5th Cir. 1975); Silverthorne v. Laird , 460 F.2d 1175, 1179 (5th Cir. 1972). The dismissal of Lipton’s § 2241 petition is
AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEETS AS OF SEPTEMBER 30, 1996 (UNAUDITED) AND DECEMBER 31,
1995, AND STATEMENTS OF OPERATIONS (UNAUDITED) FOR THE THREE AND NINE MONTHS
ENDED SEPTEMBER 30, 1996 AND 1995 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       3,439,731
<SECURITIES>                                         0
<RECEIVABLES>                                   14,715
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,454,446
<PP&E>                                         392,799
<DEPRECIATION>                                  83,103
<TOTAL-ASSETS>                               4,571,108
<CURRENT-LIABILITIES>                        1,190,685
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,466
<OTHER-SE>                                   2,971,506
<TOTAL-LIABILITY-AND-EQUITY>                 4,571,108
<SALES>                                          7,378
<TOTAL-REVENUES>                                35,798
<CGS>                                            6,524
<TOTAL-COSTS>                                   83,031
<OTHER-EXPENSES>                               811,157
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             443,923
<INCOME-PRETAX>                            (2,347,224)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,347,224)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,347,224)
<EPS-PRIMARY>                                   (1.23)
<EPS-DILUTED>                                   (1.23)
        

</TABLE>
**EXHIBIT ITEM 31.1**

 

SECTION302 CERTIFICATION

 

I, Charles T. Chrietzberg, Jr. certify that:

 

1.   I have read this quarterly report on Form10-QSB of Northern California Bancorp, Inc.;

 

2.   Based on my knowledge, this quarterlyreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;

 

3.   Based on my knowledge, the financialstatements, and other financial information included in this quarterly report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this quarterly report;

 

4.   The registrant’s other certifying officerand I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for theregistrant and have:

 

a)   designed such disclosure controls andprocedures to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly reportis being prepared;

 

b)   evaluated the effectiveness of theregistrant’s disclosure controls and procedures as of the end of the period(the “Evaluation Date”);

 

5.   The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation, to the registrant’sauditors and the audit committee or registrant’s board of directors (or personsperforming the equivalent functions):

 

a)   all significant deficiencies in thedesign or operation of internal controls which could adversely affect theregistrant’s ability to record, process, summarize and report financial dataand have identified for the registrant’s auditors any material weaknesses ininternal controls; and

 

b)   any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal controls; and

 

6.   The registrant’s other certifying officerand I have indicated in this annual report whether there were significantchanges in internal controls or in other factors that could significantlyaffect internal controls subsequent to the date of our most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 
| Date:  August 11, 2005 | /s/  Charles T. Chrietzberg, Jr. |   |
|------------------------|----------------------------------|--------|
|                   | Charles T. Chrietzberg,  Jr.     |
|                   | *Chairman of the Board &*    |
|                   | *Chief Executive Officer*        |

 

1

----
----

**SERVICER        COMPLIANCE STATEMENT (Item 1123)**

**GMAC        Mortgage, LLC**

**MSM        06-14SL**

| 1.   | A                review of the Servicer's activities during the period covered by                the                Issuing Entity's report                on Form 10-K and of the Servicer's performance under the applicable                servicing agreement                has been made under my                supervision. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2.   | To                the best of my knowledge, based on such review, the Servicer has                fulfilled                all of its obligations                under the applicable servicing agreement in all material respects                throughout such period. |
|----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  By: |  /s/ Anthony N. Renzi                                       |
|-----------|------------------------------------------------------------------|
|      |  Name: Anthony N. Renzi                                     |
|      |  Title:   Executive Vice                President |

----
[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Page 17075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06493]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

TIME AND DATE: 9:30 a.m. EDT, Friday, April 1, 2022.

PLACE: Virtual meeting.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Examinations matters. In the event that the 
time, date, or location of this meeting changes, an announcement of the 
change, along with the new time, date, and/or place of the meeting will 
be posted on the Commission's website at https://www.cftc.gov/.

CONTACT PERSON FOR MORE INFORMATION: Christopher Kirkpatrick, 202-418-
5964.
    Authority: 5 U.S.C. 552b.

    Dated: March 23, 2022.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2022-06493 Filed 3-23-22; 4:15 pm]
BILLING CODE 6351-01-P
**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 Union Bridge Holdings Limited (the “Company”) on Form 10-K/A for the year ended December 31, 2017, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kam Pang Chim, Chief Financial 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;

 

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

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.

 

|                      |        |                                |   |
|----------------------|--------|--------------------------------|--------|
| Date: April 24, 2018 | By:    | */s/ Kam Pang Chim*            |        |
|                      |   | Name: Kam Pang Chim            |        |
|                      |   | Title: Chief Financial Officer |        |
|                      |   | (Principal Financial Officer)  |        |
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Brett D. Davis, certify that:

 

1.             I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of CNH Equipment Trust 2014-C (the “Exchange Act periodic reports”);

 

2.             Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.             I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.             All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Citibank, N.A.

 

----

 

March 27, 2018

 
|   | By:    | /s/ Brett D. Davis                                               |
|--------|--------|------------------------------------------------------------------|
|   | Name:  | Brett D. Davis                                                   |
|   | Title: | President (senior   officer in charge of the servicing function) |

 

----