alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Kari M. KINDLESPARGER, Movant/Appellant, v. STATE of Missouri, Respondent.

No. ED 106136

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: October 9, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 2018 Application for Transfer to Supreme Court Denied January 29, 2019

ATTORNEY FOR APPELLANT: Alexandria Assareh Shah, Office of the State Public Defender, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Shaun J. Mackelprang, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J., and Mary K. Hoff, J.

*ORDER*

PER CURIAM

Kari M. Kindlesparger ("Movant") appeals from the motion court's Findings of Fact, Conclusions of Law and Judgment ("Judgment") denying Movant's Amended Motion to Vacate, Set Aside, or Correct Judgment and Sentence, which alleged a sentence in excess of the maximum authorized by law, without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).
<PAGE>

                                                                    EXHIBIT 99.1


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

In connection with the Quarterly Report of Southern Community Bancshares, Inc.
(the "Company") on Form 10-QSB for the period ending September 30, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Gary McGaha, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

         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/ Gary McGaha
                           -----------------------------------------------------
                           Gary McGaha, President and Chief Executive Officer

November 14, 2002

                                      18
<PAGE>
                                                                      EXHIBIT 99



                    CERTIFICATION OF CEO AND CFO 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 Packaging Dynamics Corporation (the
"Company") on Form 10-Q for the period ending June 29, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Phillip D.
Harris, as President and Chief Executive Officer of the Company, and David E.
Wartner, as Vice President and Chief Financial Officer of the Company, each
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,
that:

         (1)      The Report fully complies with the requirements of section
13(a) 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.

BY:/S/ PHILLIP D. HARRIS
------------------------
PHILLIP D. HARRIS
President and Chief Executive Officer
August 8, 2002

BY: /S/ DAVID E. WARTNER
---------------------------
DAVID E. WARTNER
Vice President and Chief Financial Officer
August 8, 2002

This certification accompanies this Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 328 Engrossed in House (EH)]

<DOC>
H. Res. 328

                In the House of Representatives, U. S.,

                                                        April 26, 2023.
    Resolved, That the Speaker, in concurrence with the Minority Leader, is 
authorized to direct the Chief Administrative Officer to record proceedings 
during a joint meeting of Congress on April 27, 2023, to provide a virtual 
reality experience for educational use by the public.
            Attest:

                                                                          Clerk.
```
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

MARK ROGER SULT, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 987 MAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 3rd day of May, 2016, the Petition for Allowance of Appeal is 

DENIED.
SCWC

- 18

- 0000 626

IN THE SUPREME COURT OF THE STATE OF HAWAI  I

STA TE OF HAWAI  I, Respondent/Plaintiff

- Appellee,

vs.

DOMINICK OBERLE , Petitioner/Defendant

- Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS ( CAAP

- 18

- 0000626 ; CR. NO. 1CPC

- 18

- 0000256 )

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant

- Appellant Dominick Oberle ’s

Application for Writ of Certiorari, filed on August 25 , 2019, is

hereby rejected.

DATED: Honolulu, Hawai  i, October 22 , 2019.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson Electronically Filed Supreme Court
SCWC-18-0000626
22-OCT-2019

02:23 PM
Exhibit 32.2

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

The undersigned hereby certifies that the Form
10-Q Quarterly Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the Company) for the quarterly period ended June 30, 2008 filed with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                       |  |  |  |     |  |                                                                                                                  
|---------------------- |  |  |  | --- |  | -----------------------------------------------------------------------------------------------------------------
|                       |  |  |  |    
|                       |  |  | 
|Dated: August 14, 2008 |  |  |  | By: |  | /s/ Stephanie D. Lepori                                                                                          
|                       |  |  |  |     |  | Stephanie D. Lepori, Chief Financial Officer of Circus
and Eldorado Joint Venture and Silver Legacy Capital Corp.
09/07/2012 15:00 '3072712800 FAA

UNITED STATES DEPART1\1ENT OF TRANSPORTATION OFFICE OF HEARINGS

WASIDNGTON, D.C.

IN THE MATTER OF



### ICE COLD, INC. FAA DOCKET NO.**2011~AWA-CPP-02588** (Civil Penalty Proceeding) FOMS NO. FAA-2011-1288

CO:MPLAINANT'S 

### WITHDRAWAL OF COMPLAINT PAGE 02/03



### lJ

The Complainant hereby withdraws the complaint in. this matter, and asks that the matter be terminated wilh prejudice. ResP.ectfully submitted this 7 111 day of September 2012.**---------~H=O~W'-'A~R~D::-L._MARTIN,_IR.---------­** Regional Counsel

# ~R By: .....__ 

### b2r._. 

# aenn fi 8 

### rown Senior Attorney09/07/2012 15:00 9072712800 FAA

CERTIFICATE OF SERVICE Rc: fee Cold, Inc. FAA Docket No. 201

### l-AWA-CPP~02588 FDMS NO. FAA-2011-1288 I heJ:-eby certify rhat on this date I have served a copy of the COMPLAINANT'S 

### WITHDRAWAL OF COMPLAINT by postage-prepaid, certified mail, return receipt requested, to the following: 

### The Honorable Richard 

### C. Goodwin 

### Office of Hearings, M-20; U.S. Department ofTransportation 1200 New Jer!-iey Avenue, S.E. Washington, DC 20590 Jim Wolgemuth. President Ice Cold, Inc., Respondent 2020 Belmont Drive Anchorage, 

### AK 99517 

## rfurther certify that on this date I have served the original and one copy of the COMPLAINANT'S WlffiDRAWAL OF Complaint by postage-prepaid, certified mail, return receipt requested and facsimile, addressed as follows: PAGE 03/03

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 2059.1

# ·~-=---.---:-=~-=--------------------­ ----A:ttcnrion: Hearing 

### Docket Clerk, AGC-430 Wilbur Wright Building-Stlite 2WlOOO 

### / /j'

## ~j 

## c7/;;;z_ DATED: .. 

### -:<1

# ;;o, J .....<.. · 

# a . . .), .., ·.·

7 

# Z:::r(;../t1
... ./

# c.V:.·/Ja.~.J.? /if_ 

## t:,:..l·--·· Federal Aviation Administration (}" 

# j Office of Regional Counsel 222 West 7th Avenue, Box 14, AAL-7 

### Anchorage, Alaska 995**13~**

### 7587

2
Exhibit 32.1 

Certifications Pursuant to 

Section 906 of the Sarbanes-Oxley Act of 2002 

(18 U.S.C. Section 1350) 

Pursuant to 18 U.S.C. Section 1350, each of the undersigned officers of Radiant Logistics, Inc. (the “Company”) hereby certifies that, to his knowledge, the Company’s Amendment No. 1 to the Quarterly Report on Form 10-Q/A for the period ended September 30, 2014 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

Date: December 3, 2014 

 

| By:    |   | /s/ Bohn H. Crain              |   |
|--------|--------|--------------------------------|--------|
|   |   | Bohn H. Crain                  |   |
|   |   | Chief Executive Officer        |   |
|   |   | (Principal Executive Officer)  |   |
|   |   |                           |   |
| By:    |   | /s/ Todd E. Macomber           |   |
|   |   | Todd E. Macomber               |   |
|   |   | Chief Financial Officer        |   |
|   |   | (Principal Accounting Officer) |   |
[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Notices]
[Page 13228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6376]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993 Cooperative Research Group on the Development 
and Evaluation of a Gas Chromatograph Testing Protocol

    Notice is hereby given that, on February 13, 2009, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act'') Southwest Research 
Institute--Cooperative Research Group on Development and Evaluation of 
a Gas Chromatograph Testing Protocol (``GCTP'') has filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing changes in its nature and objective. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, the period of 
performance has been extended to March 15, 2009.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and GCTP intends to file additional 
written notifications disclosing all changes in membership.
    On March 6, 2008, GCTP filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on April 7, 
2008 (73 FR 18813).
    The last notification was filed with the Department on November 26, 
2008. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on December 31, 2008 (73 FR 80430).

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
 [FR Doc. E9-6376 Filed 3-25-09; 8:45 am]
BILLING CODE
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,243] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 13, 2009 in response to a petition filed by a company official on behalf of workers of TMD Friction, Inc., Dublin, Virginia. 

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

Signed at Washington, DC, this 13th day of March 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-6300 Filed 3-23-09; 8:45 am] 

BILLING CODE 4510-FN-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-64,613] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 8, 2008 in response to a petition filed by a company official on behalf of workers of Mt. Pleasant Hosiery Mills, Inc., Mt. Pleasant, North Carolina. 

The workers are covered under an existing certification (TA-W-64,466) issued for all workers of Mt. Pleasant Hosiery Mills, Inc., Mt. Pleasant, North Carolina, which expires on December 16, 2010. Consequently, further investigation in this case would serve no purpose and the investigation has been terminated. 

Signed at Washington, DC, this 18th day of December 2008. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-644 Filed 1-13-09; 8:45 am] 

BILLING CODE 4510-FN-P
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6228]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLUT922000 L13100000 FI0000 257A]


Notice of Proposed Reinstatement of Terminated Oil and Gas 
Leases, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas 
Lease, Utah.

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

SUMMARY: In accordance with Title IV of the Federal Oil and Gas Royalty 
Management Act (Pub. L. 97-451), OXY USA Inc. timely filed a petition 
for reinstatement of oil and gas lease UTU82533 for lands in Sanpete 
County, Utah, and it was accompanied by all required rentals and 
royalties accruing from August 1, 2008, the date of termination.

FOR FURTHER INFORMATION CONTACT: Kent Hoffman, Deputy State Director, 
Division of Lands and Minerals at (801) 539-4080, or Becky Hammond, 
Chief, Branch of Fluid Minerals at (801) 539-4039.

SUPPLEMENTARY INFORMATION: The Lessee has agreed to new lease terms for 
rentals and royalties at rates of $10.00 per acre and 16\2/3\ percent, 
respectively. The $500 administrative fee for the leases has been paid 
and the lessee has reimbursed the Bureau of Land Management for the 
cost of publishing this notice.
    Having met all the requirements for reinstatement of the leases as 
set out in Section 31(d) and (e) of the Mineral Leasing Act of 1920 (30 
U.S.C. 188), the Bureau of Land Management is proposing to reinstate 
the lease, effective September 1, 2008, subject to the original terms 
and conditions of the leases and the increased rental and royalty rates 
cited above.

    Dated: March 16, 2009.
Selma Sierra,
State Director.
 [FR Doc. E9-6228 Filed 3-20-09; 8:45 am]
BILLING CODE 4310-DQ-P
Order filed January 3, 2014

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 13

- 00903

- CV

___________

FERNANDO CHAPA D/B/A FULL SERVICE, INC. , Appellant

V.

LONE STAR DISPOSAL, LP , Appellee

On Appeal from Co unty Civil C our t at Law No

. 3

Harris County, Texas

Trial Court Cause No. 541012103

O R D E R

No reporter’s record has been filed in this case. T he official court reporter

for Co unty Civil C our t at Law No

. 3 informed this court that appellant had not

made arrangements for payment for the reporter’s record. On November 8, 2013

,

the clerk of this court notified appellant that we would consider and decide those

issues that do not require a reporter s record unl ess appellant, within 15 days of

notice, provided this court with proof of payment for the record. See T ex. R. App

.

P. 37.3(c). Appellant filed no reply.Accordingly, we order appellant to file a brief in this appeal within thirty

days of the date of th is order. If appellant fails to comply with this order, the court

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Page 12386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6304]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,356]


Wheatland Tube Company, Sharon, PA; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 24, 2009 in response to a 
petition filed by the United Steel Workers, Local 1016-00, on behalf of 
workers of Wheatland Tube Company, Sharon, Pennsylvania.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 13th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-6304 Filed 3-23-09; 8:45 am]
BILLING CODE 4510-FN-P
#### First Huntington National Bank, *Trustee v.*Mount Holyoke College *et al.*

(No. 7925)

Submitted May 16, 1934.

Decided May 29, 1934.

*114
      *Blue, Dayton & Campbell, Arthur S. Dayton*and *William F. Blue,*for appellant.

*Fitzpatrick, Brown and Davis*and *Walter L. Brown,*for appellee First Huntington National Bank, trustee.

Hatcher, Judge:

The will of Mrs. Mary C. Patterson, deceased, devised the residue of her estate to trustees upon trust to pay the net income therefrom to her son, Thomas C. Patterson, as long as he survived. The will then proceeds: “At his death I direct that the Trustee use as much of the income and principal as is required to pay any expenses chargeable to his estate, and after these debts are all paid, I direct that the remaining income and principal be divided among the following religious, charitable and educational organizations,” etc. A short while after the death of his mother, the son died intestate, leaving an estate of some $50,000.00.

In this proceeding, the son’s administrator would require the surviving trustee to pay the expenses of the son’s estate. The administrator relies on the provision in the paragraph quoted from the mother’s will directing the trustee at the death of the son, “to pay any expenses chargeable to his estate.” The circuit court found against the administrator.

Counsel for appellees ingeniously array a number of reasons why the will could not have meant what the administrator contends for and why it should mean some*115thing else. Authorities are cited tending to support counsel. We must not heed the persuasion of counsel though “charming never so wisely”. It is a cardinal rule that courts should not speculate on the intention of a testator when the words employed have a plain meaning. *Harris*v. *Neal,*61 W. Va. 1, 5, 55 S. E. 740; *Neal*v. *Hamilton Co.,*70 W. Va. 250, 255, 73 S. E. 971. The words in question here — “to pay any expenses (debts) chargeable to his (the son’s) estate” — are, in our opinion, unequivocal. The application of rules of construction are not necessary. The words used evince the natural concern of the mother to insure her son’s name from the stain of debt. The fact that the son’s estate is ample to pay its own expenses is immaterial. The fact that the mother even knowingly directed her trustee to perform an unnecessary service for the son’s estate does not militate in the slightest against that direction. It is characteristic of brooding motherhood to do such things.

The judgment of the circuit court is reversed and the cause remanded.

*Reversed and remanded.*
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 27, 2018

t0723

Order 

Clerk

July 27, 2018

156284 (21)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 156284

COA: 337141

Saginaw CC: 08-030784-FC

ROBERT DERRELL RUCKER, Defendant-Appellant. 

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 29, 2018 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.