alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1111 CA 12-00432 PRESENT: FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.

RUSTIN R. HOWARD, PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER

BIOWORKS, INC., DEFENDANT-RESPONDENT.

WOODS OVIATT GILMAN LLP, ROCHESTER (ANDREW J. RYAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LECLAIR KORONA GIORDANO COLE LLP, ROCHESTER (STEVEN E. COLE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered November 21, 2011 in a breach of contract action. The order and judgment granted plaintiff money damages of $1 and directed defendant to reflect a noninterest bearing monetary obligation to plaintiff of $19,800 on its balance sheet until paid.

It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by vacating the award of damages of $1 and ordering that judgment be entered for plaintiff in the amount of $19,800, together with interest commencing December 22, 2005, and as modified the order and judgment is affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action alleging that defendant failed to pay him deferred compensation in the amount of $19,800 for prior services that he performed in accordance with the parties’ written agreement. We determined on a prior appeal that the record established as a matter of law that there was an anticipatory repudiation of the agreement by defendant and that “Supreme Court properly granted that part of plaintiff’s motion for summary judgment on liability only, inasmuch as there is an issue of fact with respect to the amount of damages” ( Howard v BioWorks, Inc.
, 83 AD3d 1588, 1588). Thereafter, the court conducted a nonjury trial on damages. Plaintiff appeals from an order and judgment that, inter alia, awarded him nominal damages in the amount of one dollar.

We reject plaintiff’s contention that our prior decision is the law of the case with respect to the amount of damages resulting from defendant’s breach of the agreement inasmuch as we did not decide the issue of the amount of damages to be awarded but, rather, expressly held that an issue of fact existed in that regard ( id .; see Puckett v County of Erie [appeal No. 3], 262 AD2d 966, 967). We agree with-2- 1111 CA 12-00432

plaintiff’s further contention, however, that the court erred in awarding only nominal damages. As we stated in the prior decision, plaintiff was “entitled to damages for total breach” ( Howard , 83 AD3d at 1589). The record establishes that defendant breached the parties’ agreement on December 22, 2005, when it informed plaintiff in an unequivocal fashion that it never intended to pay him the amount agreed upon in the contract. Based on that date, we conclude that plaintiff is entitled to damages in the amount of $19,800, together with interest commencing December 22, 2005, and we modify the order and judgment accordingly.

Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court
DALLAS | HOUSTON | SAN ANTONIO | OKLAHOMA CITY | NEW ORLEANS

The Willis Law Group, PLLC | 10440 N. Central Expy, Ste. 520, Dallas, Texas 75231 | (214) 736.9433

– Main | (214) 736.9994

– Facsimile | ww w.thewillislawgroup.com March 1 8 , 2015

Via Electronic Filing Clerk, Court of Appeals Third District of Texas Price Daniel Sr. Building 209 West 14 th Street, Room 101 Austin, TX 78701

Re: Court of Appeals No. 03-14 -00323

- CV

Trial Court Case No. CV12-0444 Roger Bufler and Sandy Bufler v Apeck Construction, LLC File No: 958.0347

Dear Clerk :

This is to advise the Court that, assuming the Court accepts Appellant’s Waiver of Oral Submission as filed with the Court on March 16, 2015, Appellee likewise waives its right to oral submission.

Additionally, please note that Chris Villa, previously identified as additional counsel for Appellee, is no longer with The Willis Law Group. Accordingly, please remove his name from the docket in this matter.

If you should have any questions, please feel free to contact me.

Sincerely,

/s/ Lorin M. Subar

Lorin M. Subar

cc: Via Fax 512- 472 -6823 Trey L. Dolezal Kasling, Hemphill, Dolezal & Atwell, L.L.P. 305 Congress Avenue, Suite 300 Austin, Texas 78701 ACCEPTED 03-14-00323-CV 4558090 THIRD COURT OF APPEALS

AUSTIN, TEXAS 3/19/2015 9:56:18 AM JEFFREY D. KYLE

CLERKClerk, Court of Appeals

March 1 8 , 2015 Page 2

bcc:

Via Email: Sonja_turner@gbtpa.com Sonja Turner

Re: Claim No: 002979

- 031081

- GB

- 01 Court of Appeals No. 03

- 14

- 00323

- CV Trial Court Case No. CV12

- 0444 Roger Bufler and Sandy Bufler v Apeck Construction, LLC File No: 958.0347
EXHIBIT 32

THE SANDS REGENT

CERTIFICATION OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS

The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238.
These certifications shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933,
as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

Certification
of Chief Executive and Chief Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002,
the undersigned officers of The Sands Regent, a Nevada corporation (the Company), hereby certifies, to their knowledge, that:



|(i) | the accompanying Quarterly Report on Form 10-Q/A of the Company for the period ended September 30, 2005 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: June 23, 2006



By:

/S/ Ferenc B. SzonyFerenc B. SzonyPresident and Chief Executive OfficerBy:

/S/ Cornelius T. KlerkCornelius T. KlerkChief Financial and Principal Accounting Officer
II 

112TH CONGRESS 

2D SESSION S. 2807 

To suspend temporarily the duty on hand tools designed for securing plastic 

fasteners. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2012 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on hand tools designed 

for securing plastic fasteners. 

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

3 SECTION 1. HAND TOOLS DESIGNED FOR SECURING PLAS4 TIC FASTENERS. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.01.00 Hand tools designed for securing plastic fasteners (provided for in subheading 

8205.59.80) ........................... Free No change No change On or before 

12/31/2015 ’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 2807 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
Comment Info: =================

General Comment:Dana Rosenfeld (Kelley, Drye & Warren LLP.)
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

NICHOLAS J. DUBOIS, ) 

) 

) 

) 

Plaintiff, 

v. 

WASHINGTON MUTUAL BANK, in 

receivership, et al., 

Defendants. 

) Civil Case No. 09-2176 (RJL) 

) 

) 

) 

) 

) 

) 

FINAL JUDGMENT 

For the reasons set forth in the Memorandum Opinion entered this date, it is this 

'tJ. 

2- day of September, 2010, hereby 

ORDERED that Finestein & Malloy, L.L.C.'s Motion To Dismiss [#7] is 

GRANTED; and it is further 

ORDERED that Chase Home Finance, LLC, lP Morgan Chase Bank, N.A. and 

Tait O. Norton's Motion To Dismiss [#12] is GRANTED; and it is further 

ORDERED that Federal National Mortgage Association's Motion To Dismiss 

[#20] is GRANTED; and it is further 

ORDERED that Federal Deposit Insurance Corporation-Corporate's Motion To 

Dismiss [#22] is GRANTED; and it is further 
ORDERED that Federal Deposit Insurance Corporation-Receiver's Motion To 

Dismiss [#24] is GRANTED; and it is further 

ORDERED that the above-captioned case be DISMISSED with prejudice. 

SO ORDERED. 

\ 

2
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-65,036]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 29, 2009, in response to a worker petition filed by a State Workforce Office on behalf of workers at Oviso Manufacturing, Concord, California.

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

Signed at Washington, DC, this 26th day of March 2009.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-8915 Filed 4-17-09; 8:45 am]

BILLING CODE 4510-FN-P
| (1) | such      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 such Report fairly presents, in all material      respects, the financial condition and results of operations of Bridge      Capital Holdings. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      March 16, 2010 | /s/ Thomas A. Sa                   |
|---------------------------|------------------------------------|
|                      | Thomas      A. Sa                  |
|                      | Executive      Vice President      |
|                      | Chief      Financial Officer       |
|                      | (Principal      Financial Officer) |

----
| Exhibit 99.3 **EMC**Mortgage Corporation Officer's Certificate BSABS 2004-02 I, Mark D. Ehrenreich, Senior Vice President of EMC Mortgage Corporation, do hereby certify to the designated Trustee that in respect to the period ending November 30, 2004, a review of the activities of EMC Mortgage Corporation ("EMC") during the preceding fiscal year or applicable portion thereof and it's performance under the above referenced Pooling and Servicing Agreement has been made under my supervision. To the best of my knowledge, based on such review, EMC has performed and fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. To the best of my knowledge, each Subservicer has fulfilled all its obligations under its Subservicing Agreement throughout such year, or, if there has been a default in the fulfillment of anysuch obligation specifying each such default known to such officer and the nature and status thereof. ***/s/ Mark D. Ehrenreich*Mark D. Ehrenreich, Senior Vice President *2/28/05*Date** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Arnel DESIR, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-1373

District Court of Appeal of Florida, Fifth District.

Decision filed February 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.1  SECTION 906 CERTIFICATION  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 Medizone International, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the  Report), I, Edwin G. Marshall, Principal 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, to the best of my knowledge and belief:  (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.   /s/ Edwin G. Marshall Edwin G. Marshall, Principal Executive Officer  Date: August 11, 2009   A 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 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.  This certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.  SLC_278597.1
```

[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18295-18296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7346]

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

DEPARTMENT OF STATE

[Public Notice: 7812]

Industry Advisory Panel: Notice of Open Meeting

    The Industry Advisory Panel of the Bureau of Overseas Buildings

[[Page 18296]]

Operations will meet on Tuesday, April 17, 2012 from 10 a.m. until 3:30 
p.m. Eastern Daylight Time. The meeting is open to the public and will 
be held in the Loy Henderson Conference Room of the U.S. Department of 
State, located at 2201 C Street NW., (entrance on 23rd Street) 
Washington, DC. For logistical and security reasons, it is imperative 
that everyone enter and exit using only the 23rd Street entrance.
    The majority of the meeting will be devoted to an exchange of ideas 
between the Department's senior management and the panel members on 
design, operations, and building maintenance, with a focus on the new 
Design Excellence initiative. There will be reasonable time provided 
for members of the public to provide comment.
    Entry to the building is controlled; to obtain pre-clearance, a 
member of the public planning to attend should provide, by April 6, his 
or her name, professional affiliation, date of birth, citizenship, and 
a valid government-issued ID number (i.e., U.S. government ID, U.S. 
military ID, passport, or drivers license) via email to: 
IAPR@state.gov. Requests for reasonable accommodation should be sent to 
the same email address by April 6. Requests made after that date will 
be considered, but may not be able to be fulfilled.
    Personal data is requested pursuant to Pub.L. 99-399 (Omnibus 
Diplomatic Security and Antiterrorism Act of 1986), as amended; Pub.L. 
107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the 
collection is to validate the identity of individuals who enter 
Department facilities. The data will be entered into the Visitor Access 
Control System (VACS-D) database. Please see the Privacy Impact 
Assessment for VACS-D at http://www.state.gov/documents/organization/100305.pdf for additional information.
    Please contact Christy Foushee at FousheeCT@state.gov or (703) 875-
4131 with any questions.

    Dated: March 13, 2012.
Lydia Muniz,
Director, Acting, U.S. Department of State, Bureau of Overseas 
Buildings Operations.
[FR Doc. 2012-7346 Filed 3-26-12; 8:45 am]
BILLING CODE 4710-24-P
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2838 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2838

 To extend and modify the temporary reduction of duty on viscose rayon 
            staple fibers having a decitex of less than 5.0.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

  Ms. Collins introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To extend and modify the temporary reduction of duty on viscose rayon 
            staple fibers having a decitex of less than 5.0.

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

SECTION 1. VISCOSE RAYON STAPLE FIBERS HAVING A DECITEX OF LESS THAN 
              5.0.

    (a) In General.--Heading 9902.55.04 of the Harmonized Tariff 
Schedule of the United States (relating to viscose rayon staple fibers 
having a decitex of less than 5.0) is amended--
            (1) by striking ``1.8%'' in the column 1 general rate of 
        duty column and inserting ``1.3%''; and
            (2) by striking the date in the effective period column and 
        inserting ``12/31/2015''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
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 Proguard Acquisition Corp. (the
"Company") on Form 10-K for the year ended December 31, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Allerton Towne, 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 result of
operations of the Company.

/s/Allerton Towne
-----------------------------
Allerton Towne
Chief Executive Officer

March 25, 2011


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 Proguard Acquisition Corp. (the
"Company") on Form 10-K for the year ended December 31, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Norman Becker, 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 result of
operations of the Company.

/s/Norman Becker
-----------------------------
Norman Becker
Chief Financial Officer

March 25, 2011