alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Connie F. Cataldo, Respondent-Appellant, v New York State Thruway Authority, Appellant-Respondent.

In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Court of Claims (Lengyel, J.), entered May 20,1983, which is against it and in favor of the claimant in the principal sum of $2,125,000 and claimant cross-appeals, upon the ground of inadequacy, from so much of said judgment as set damages.

Judgment reversed, on the law, without costs or disbursements, and claim dismissed.

Claimant was seriously injured in an automobile accident on the straight, center section of the Tappan Zee Bridge when the vehicle in which she was traveling was struck by an oncoming automobile which had crossed the median. The instant claim is based on the theory that claimant’s injuries are, in part, the result of the defendant’s failure to erect median barriers on the central section of the bridge. The Court of Claims held that defendant was negligent in this respect and awarded damages to claimant.

There must be a reversal and the claim must be dismissed. Although claimant’s accident occurred in 1973 rather than 1977, the facts upon which she seeks to base her claim that the New York State Thruway Authority was negligent are in all other aspects identical to those described in *Muller v State of New York*(108 AD2d 181). Because defendant’s decision not to install median barriers was premised upon a reasonable public safety plan, it may not be held liable for claimant’s injuries *(see, Muller v State of New York, supra; Weiss v Fote,*7 NY2d 579). Lazer, J. P., Thompson, Weinstein and Fiber, JJ., concur.
FDIC-Stats At A Glance

Total

Dollar Amounts in Billions 3rd Qtr 2001 3rd Qtr 2000 3rd Qtr 2001 3rd Qtr 2000 3rd Qtr 2001

Number of FDIC-Insured 8,149 8,375 1,552 1,613 9,701

Number of FDIC-Supervised 4,997 5,129 515 531 5,512

Total Assets $ 6,556 6,067 1,287 1,201 7,843

Total Loans $ 3,861 3,779 871 823 4,732

Domestic Deposits $ 3,614 3,327 789 728 4,403

Net Income $ 17.353 19.257 3.476 2.540 20.829

Percent Profitable % 92.5 93.4 90.6 91.3 92.1

Average Return on Assets % 1.08 1.28 1.09 0.86 1.08

Assets under $1 Billion % 1.17 1.23 0.85 0.70 1.10

Assets over $1 Billion % 1.06 1.29 1.16 0.90 1.07

Average Return on Equity % 12.16 15.05 12.67 10.44 12.28

Net Interest Margin % 3.93 3.93 3.27 2.92 3.77

Equity to Assets % 8.94 8.59 8.68 8.32 8.71

Noncurrent Loans * % 1.34 1.03 0.82 0.67 1.25

Real Estate Loans % 0.93 0.77 0.78 0.62 0.89

C&I Loans % 2.17 1.52 1.68 1.39 2.15

Consumer Loans % 1.42 1.35 0.79 0.78 1.36

Coverage Ratio ** % 131.68 160.96 110.12 132.34 128.98

Net Charge-Off Rate % 0.96 0.61 0.27 0.19 0.83

Real Estate Loans % 0.29 0.09 0.06 0.03 0.22

C&I Loans % 1.30 0.69 1.40 0.90 1.30

Consumer Loans % 2.71 2.08 2.08 1.57 2.63

* Nonaccruing loans and loans past due 90+ days

** Loss reserve as a percentage of noncurrent loans

Sept. 30,

All Insured Institutions 2001 YTD 2000 1999 1998 1997

Credit Card Loans

Held on Balance Sheet $ 218 266 227 242 243

Securitized and Sold $ 329 306 395 261 193

Unused Commitments $ 2,809 2,537 2,129 2,042 1,677

Total Credit Card Lines $ 3,356 3,108 2,751 2,544 2,112

Credit Card Loss Rate % 4.79 4.28 4.39 5.15 5.10

No. of Personal Bankruptcies 1,096,881 1,217,628 1,281,360 1,397,695 1,349,510

FDIC Division of Research & Statistics

As of September 30, 2001

See back of page for FDIC historical trends.

Commercial Banks Savings Institutions
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1962 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1962

           To suspend temporarily the duty on cyclopentanone.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

  Mr. Baker introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
           To suspend temporarily the duty on cyclopentanone.

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

SECTION 1. CYCLOPENTANONE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.34.41       Cyclopentanone     Free         No change        No change        On or before 12/  ''.
                         (CAS No. 120-92-                                                   31/2008
                         3) (provided for
                         in subheading
                         2914.29.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
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>
```
#### MAGILTON, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.

(Supreme Court, Appellate Division, Third Department.

January 25, 1899.)

Action by William H. Magilton against the New York Central & Hudson River Railroad Company.

No opinion. Judgment and order affirmed, with costs.
USDC IN/ND case 3:13-cv-00549-JVB-CAN document 1 filed 06/10/13 page 1 of 4
USDC IN/ND case 3:13-cv-00549-JVB-CAN document 1 filed 06/10/13 page 2 of 4
USDC IN/ND case 3:13-cv-00549-JVB-CAN document 1 filed 06/10/13 page 3 of 4
USDC IN/ND case 3:13-cv-00549-JVB-CAN document 1 filed 06/10/13 page 4 of 4
Luis A. SORO, petitioner, v. Jose L. SORO.

No. 13-5245.

Supreme Court of the United States

Dec. 2, 2013.

Petition for rehearing denied.
Exhibit 31.1


                                 CERTIFICATIONS

I,  Scott A.  Haire, certify that:

     1. I have  reviewed  this  quarterly  report on Form 10-QSB of MB Software,
Inc.;

     2. Based on my knowledge, this quarterly report does 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 quarterly
report;

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

     4. The  registrant's  other  certifying  officers and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

          a. designed  such  disclosure  controls and  procedures to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this quarterly report is being prepared;

          b. evaluated the effectiveness of the registrant's disclosure controls
and  procedures  as of a date  within 90 days prior to the  filing  date of this
quarterly report (the "Evaluation Date"); and

          c.  presented  in this  quarterly  report  our  conclusions  about the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the Evaluation Date;

     5. The registrant's other certifying  officers and I have disclosed,  based
on our most  recent  evaluation,  to the  registrant's  auditors  and the  audit
committee  of  registrant's  board  of  directors  (or  persons  performing  the
equivalent function);

          a. all significant deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

          b. any fraud,  whether or not material,  that  involves  management or
other  employees  who  have a  significant  role  in the  registrant's  internal
controls;

     6. The registrant's other certifying  officers and I have indicated in this
quarterly  report  whether or not there  were  significant  changes in  internal
controls or in other factors that could  significantly  affect internal controls
subsequent to the date of our most recent  evaluation,  including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date: Aug. 29, 2003

/S/    Scott A. Haire
Scott A. Haire,
Chairman of the Board,
(Chief Executive Officer and Principal Financial Officer)
#### FINKELSTEIN et al., Respondents, v. ALPERSTEIN et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

October 11, 1907.)

Action by Jacob Finkelstein and others against Karl Alperstein and others.

No opinion. Motion to dismiss appeal granted, with costs, unless the appellants perfect the appeal in time to place the case upon the next calendar of this court for argument. On compliance, motion to dismiss appeal denied, without costs.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1907 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1907

             To suspend temporarily the duty on Permethrin.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2005

Mr. Etheridge introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
             To suspend temporarily the duty on Permethrin.

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

SECTION 1. PERMETHRIN.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following:

``      9902.04.45       3-                 Free         No change        No change        On or before 12/  ''.
                         Phenoxybenzyl(1RS                                                  31/2008
                         ,3RS;1RS,SR) -3-
                         (2,2-
                         dichlorovinyl) -
                         2,2dimethylcyclop
                         ropane
                         carboxylate
                         (Permethrin) (CAS
                         No. 52645-53-1)
                         (provided for in
                         subheading
                         2916.20.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
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>
```
EXHIBIT 10.1



 


ADDENDUM
TO MEMBERSHIP INTEREST PURCHASE AGREEMENT


 


THIS
AGREEMENT is made this 23rd day of February, 2015, by and between Jim Willett; Forbeez Capital, LLC; Agrisoft Development
Group, LLC; and Surna, Inc.


 


For
good and consideration, the receipt of which is acknowledged, the parties agree to the following terms:


 


1.
Jim Willett and Forbeez Capital, LLC have the unrestricted right to unilaterally exit the existing Membership Interest Purchase
Agreement, dated 1/7/2015, at any time, for any reason.


 


2.
Surna, Inc. has the right to convert all monies lent to Agrisoft Development Group, LLC, plus accrued interest to equity in Agrisoft
Development Group, LLC, at the previously agreed upon valuation of six million dollars ($6,000,000.00) anytime between now and
the scheduled closing date of July 1, 2015.


 


3.
If Jim Willett and Forbeez Capital, LLC exit said Purchase Agreement, then Surna, Inc. may elect to have all loans made by Surna,
Inc. to Agrisoft Development Group, LLC, plus accrued interest, convert to equity at the previously agreed upon conversion rate
or be repaid on mutually agreeable terms.


 


4.
Surna, Inc. may take a security interest in company assets up to the amount loaned to Agrisoft Development Group, LLC from Surna,
Inc., plus interest; or 4.3% equity of the company. Agrisoft agrees to work in good faith to assist Surna with attaching and perfecting
the security interest.


 


5.
Agrisoft Development Group, LLC may pay Surna, Inc. said amount at any time and satisfy said security interest, at which time
it shall cease.


 


6.
This contract is binding on the parties’ successors and assigns.


 




    	 



    	 



    


 


The
parties indicate their agreement by their signatures below.


 


	/s/
    Jim Willett	 	/s/
    Buck Fowler
	JIM
    WILLETT	 	FORBEEZ
    CAPITAL, LLC
	 	 	 	by	Buck
    Fowler, Member
	 	 	 	 	 
	/s/
    Charles Ramsey	 	/s/
    Douglas O. McKinnon
	AGRISOFT
    DEVELOPMENT GROUP, LLC	 	SURNA,
    INC.
	by	Charles
    Ramsey, Member	 	by	Douglas
    O. McKinnon, CFO
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2029 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2029

             To suspend temporarily the duty on Resmethrin.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

Mrs. Tauscher introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
             To suspend temporarily the duty on Resmethrin.

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

SECTION 1. RESMETHRIN.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.06.14       [5-(Phenylmethyl)- Free         No change        No change        On or before 12/  ''.
                         3-furanyl]methyl                                                   31/2008
                         2,2-dimethyl-3-(2-
                         methylprop-1-
                         enyl)cyclopropane
                         carboxylate (CAS
                         No. 10453-86-8)
                         (provided for in
                         subheading
                         2932.19.10)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
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>
```
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350 AS ADOPTED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with Amendment No. 1 to the Quarterly Report of Flow International
Corporation, a Washington corporation (the Company), on Form 10-Q for the quarter ending October 31, 2004 as filed with the Securities and Exchange Commission (the Report), I, Stephen R. Light, Principal Executive Officer of
the Company, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to my knowledge:



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



(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.



|                           
|---------------------------
|/s/    Stephen R. Light    
|Stephen R. Light           
|Principal Executive Officer
|April 6, 2005              



CERTIFICATION
PURSUANT TO

18 U.S.C. SECTION 1350 AS ADOPTED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with Amendment No. 1 to the Quarterly Report of Flow International Corporation, a Washington corporation (the Company), on Form 10-Q for the quarter ending October 31, 2004 as filed with the Securities and Exchange
Commission (the Report), I, Stephen D. Reichenbach, Principal Financial Officer of the Company, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to my knowledge:



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



(2) The
information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.



|                             
|-----------------------------
|/s/    Stephen D. Reichenbach
|Stephen D. Reichenbach       
|Principal Financial Officer  
|April 6, 2005
* 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

FOR THE FIFTH CIRCUIT

__________________

No. 97-50400

Summary Calendar

__________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ARELI BENITEZ-MONDRAGON,

Defendant-Appellant.

______________________________________________

Appeal from the United States District Court

for the Western District of Texas

(A-97-CR-77-ALL)

______________________________________________

July 2, 1997

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Jose Areli Benitez-Mondragon (“Benitez”) appeals from the

district court’s order denying release pending trial. The district

court’s decision, which effectively adopted the reasoning of the

magistrate judge who conducted the detention hearing, is supported
2

by evidence that indicates that there is a serious risk that

Benitez will flee and evade prosecution and that no condition or

combination of conditions will reasonably assure Benitez’s

appearance. See 18 U.S.C. § 3142; United States v. Rueben, 974

F.2d 580, 586 (5th Cir. 1992). Accordingly, the district court’s

detention order as to Benitez is AFFIRMED, and Benitez’s motion for

release pending trial is DENIED.
United States District Court

Northern District of Indiana

Hammond Division

INDIANA RECYCLING & RENEWABLE )

FUELS LLC d/b/a ILLINOIS RECYCLING & )

RENEWABLE FUELS, )

 )

Plaintiff, )

 )

 v. ) Civil Action No. 2:16-CV-272 JVB

 )

EARTH MANAGEMENT SERVICES OF )

ILLINOIS INC., CHICAGO HEIGHTS LAND )

MANAGEMENT INC., and ROBERT FOX, )

 )

Defendants. )

ORDER

This matter is before the Court on the parties’ joint stipulation for an order granting

Defendants’ motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure

12(b)(6) and to dismiss Count II of Plaintiff’s complaint with prejudice (DE 37). The parties

previously stipulated to the dismissal of Count I, the only other count of the complaint.

In accordance with the parties’ stipulation, the Court:

1. GRANTS Defendants’ motion to dismiss (DE 16); and

2. DISMISSES Count II of the complaint with prejudice.

SO ORDERED on March 31, 2017.

 s/ Joseph S. Van Bokkelen 

Joseph S. Van Bokkelen

United States District Judge

USDC IN/ND case 2:16-cv-00272-JVB-PRC document 38 filed 03/31/17 page 1 of 1
EXHIBIT 1

                 STATEMENT OF CHIEF EXECUTIVE OFFICER
                      PURSUANT TO SECTION 906 OF
                    THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Arthur J.
Seidenfeld certify that:

1.  The Quarterly Report on Form 10-Q for the quarter ended September 30,
    2002 (the "Report") of Modern Technology Corp. (the "Company"), 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.

Date: October 24, 2002

                       /s/ Arthur J. Seidenfeld
                       ------------------------
                         Arthur J. Seidenfeld
                 President and Chief Executive Officer
#### UNITED STATES of America, Plaintiff—Appellee, v. Cervando BAUTISTA-PASCUAL, aka Jose Lopez-Velasco, Defendant—Appellant.

No. 05-30455.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2006.*

Decided May 3, 2006.

Donald E. Kresse, Jr., Esq., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.

Kurt Rowland, Esq., Yakima, WA, Tracy Staab, Federal Public Defender’s Office, Spokane, WA, for Defendant-Appellant.

*667Before: SILVERMAN, MCKEOWN, and PAEZ, Circuit Judges.

*

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

MEMORANDUM**

Cervando Bautista-Pascual appeals the sentence imposed following his guilty plea to being an alien in the United States after deportation in violation of 8 U.S.C. § 1326.

Bautista-Pascual contends that 8 U.S.C. § 1326(b)(2), which increases the statutory maximum sentence upon a finding that the defendant was removed “subsequent to a conviction of an aggravated felony,” should, in order to avoid raising serious constitutional issues, be construed to limit the scope of judicial inquiry to only those facts admitted by the defendant. He contends that requiring or allowing judicial findings of facts not admitted by the defendant, for purposes of increasing his statutory maximum sentence, violates the Fifth and Sixth Amendment. He also contends that *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), was wrongly decided and that a defendant’s Fifth and Sixth Amendment rights are violated by allowing judicial finding of a prior conviction for purposes of increasing the statutory maximum sentence.

These contentions are foreclosed. *See United States v. Velasquez-Reyes,*427 F.3d 1227, 1229 (9th Cir.2005) (rejecting contention that the government is required to plead prior convictions in the indictment and prove them to a jury unless the defendant admits the prior convictions); *United States v. Weiland,*420 F.3d 1062, 1079 n. 16 (9th Cir.2005) (noting that we continue to be bound by the Supreme Court’s holding in *Almendarez-Torres*that a district judge may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt); *United States v. Castillo-Rivera,*244 F.3d 1020, 1025 (9th Cir.2001) (rejecting contention that the fact of the temporal relationship of the removal to the prior conviction is beyond the scope of the Supreme Court’s recidivism exception).

AFFIRMED.

**

 This disposition, is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Certification required by Rule 30a-2(b)




EXHIBIT 10 (b) 

RULE 30a-2(b) CERTIFICATION 







In connection with this report on Form N-CSR for the registrant as furnished to the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify, 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, as applicable; and 

	
 
	
 
	
 

	
 
	
(2) 
	
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the registrant. 











	
By: 
	
 
	
/S/ BRIAN T. ZINO 

	
 
	
 
	
Brian T. Zino 

	
 
	
 
	
Chief Executive Officer 

	
 
	
 
	
 

	
Date: 
	
 
	
March 5, 2004 

	
 
	
 
	
 

	
 
	
 
	
 

	
By: 
	
 
	
/S/ LAWRENCE P. VOGEL 

	
 
	
 
	
Lawrence P. Vogel 

	
 
	
 
	
Chief Financial Officer 

	
 
	
 
	
 

	
Date: 
	
 
	
March 5, 2004