alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Sauter, Administrator, *vs.*William Dollman, Jr., and others.

July 7, 1891.

Evidence *held*sufficient to sustain findings of fact.

Action brought in the district court for McLeod county, by plaintiff, as administrator of the estate of William Dollman, deceased, to cancel a deed of land, signed by the intestate and his wife, in which the defendant William Dollman, Jr., was named as grantee, on the ground that it was never delivered in the intestate’s lifetime, and also to cancel a deed of the same land from defendant William to defendant Siegfried Dollman. The action was tried by *Edson,*J., who ordered judgment for plaintiff, which was entered, and the defendants appealed.

*W. F. Schoregge,*for appellants.

*J. V. V. Lewis,*for respondent.

Gilfillan, C. J.

The court below having found (and the evidence fully sustains the finding) that the deed signed by William Dollman and wife was not, during the life of William Dollman, delivered to *505the grantee named in it, how, after his death, the grantee named in it got possession of it, by threats, fraud, or the voluntary act of the wife, is immaterial. It could not be made operative by her delivery after the death of William, the owner of the property. The finding that the conveyance by William Dollman, Jr., to Siegfried Dollmah was without consideration is sustained by the evidence. That no consideration was paid at the time of its execution was directly shown, and the testimony of Siegfried to the subsequent payment was, even as it appears of record, of so suspicious a character that we can well see how the court, having the witness before it, might discredit the testimony. There is nothing requiring notice in any of the other assignments of error.

Judgment affirmed..
#### IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF GIUSEPPI PEPITONE.

June 23, 1960.

*Mr. Douglas C. Baker*for the petitioner.

*Mr. Joseph Bigel*for the respondent.

Denied.
Exhibit 32.1

THANKSGIVING COFFEE COMPANY, INC.

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 Thanksgiving Coffee Company, Inc. (the Company) on Form 10-K for the year ended December 31,
2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned Chief Executive Officer of the Company hereby 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:



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



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



/s/ Paul KatzeffChief Executive Officer March 31, 2010
#### GIBBON, Respondent, v. LOGAN et al., Appellants.

(Supreme Court, Appellate Division, First Department.

October 25, 1907.)

Action *1127by John J. Gibbon, as director, etc., against Hollister Logan and others. G. M. Demond, for appellants. W. B. Raymond, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
<PAGE>

Exhibit 99.1

                                CERTIFICATION (1)

Pursuant to Section 906 of the Public Company Accounting Reform and Investor
Protection Act of 2002 (18 U.S.C.ss. 1350, as adopted), Robert Portman, Chief
Executive Officer and President of PacificHealth Laboratories, Inc. (the
"Company"), and Stephen P. Kuchen, Chief Financial Officer of the Company, each
hereby certifies that, to the best of his knowledge:

1.  The Company's Annual Report on Form 10-KSB for the period ended December 31,
2002, and to which this Certification is attached as Exhibit 99.1 (the "Periodic
Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

2.  The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.

DATE: March 28, 2003

By: /s/ ROBERT PORTMAN
----------------------
Robert Portman, Chief Executive Officer
(Principal Executive Officer)

DATE: March 28, 2003

By: /s/ STEPHEN P. KUCHEN
-------------------------
Stephen P. Kuchen, Chief Financial Officer
(Principal Financial and Accounting Officer)

--------------------------------------------------------------------------------
(1) 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.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Waterford Gaming Finance Corp.
All amounts are unaudited.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                              26
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                    26
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                      26
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                          90
<TOTAL-LIABILITY-AND-EQUITY>                        26
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                    55
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (55)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (55)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (55)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 23.1**

 

Consent of Independent Registered Public Accounting Firm

 

The Board of Directors 

Impac MortgageHoldings, Inc.: 

 

We consent to the incorporation by reference in theregistration statements (No. 333-12025, No. 333-68128, No. 333-83650, No. 333-106647, No. 333-117137, and No. 333-117070) on Form S-8 and registration statement (No. 333-111517) on Form S-3 of Impac Mortgage Holdings, Inc., of our report datedJanuary 29, 2004, except as to Note T to the consolidated financial statements, which is as of February 15, 2004, and Note A.2, which is as of August 16, 2004, relating to the consolidated balance sheets of Impac Mortgage Holdings, Inc. andsubsidiaries as of December 31, 2003 and 2002, and the related consolidated statements of operations and comprehensive earnings, changes in stockholders’ equity and cash flows for each of the years in the three-year period ended December 31,2003, which report appears in the December 31, 2003, annual report on Form 10-K/A of Impac Mortgage Holdings, Inc. 

 

As discussed in Note A.16 to the consolidated financial statements, the Company changed its method of accounting for derivative instruments and hedging activities in2001. Additionally, as discussed in Note A.2, the Company has restated the consolidated financial statements as of December 31, 2003 and 2002, and for each of the years in the three-year period ended December 31, 2003. 

 

/s/ KPMG LLP 

 

Orange County, California 

October 13, 2004
Audit Committee Report

Board of Directors
Colmena Corp.
1941 Southeast 51st Terrace
Ocala, FL 34471

Re: Audit Committee Report

Ladies and Gentlemen:

     Pursuant  to the  requirements  of  Regulation  S-B  (Reg.ss.228.306),  the
undersigned  members of the Audit  Committee  for  Colmena  Corp.  ("Committee")
certify as follows:

(1) The Committee has reviewed and discussed with management the audited
financial statements for the year ended September 30, 2002;

(2) The Committee has discussed with the independent auditors the matters
required to be discussed by SAS 61, as may be modified or supplemented;

(3) The Committee has received the written disclosures and the letter from the
independent accountants required by Independence Standards Board Standard No. 1
(Independent Discussions with Audit Committees), as may be modified or
supplemented, and has discussed with the independent accountants the independent
accountants' independence; and

(4) Based on the review and discussion referred to in paragraphs (1) through (3)
above, the Committee recommends to the Board of Directors that the audited
financial statements for the year ended September 30, 2002, be included in
Colmena Corp.'s Annual Report on Form 10-KSB (17 CFR 249.310b) for filing with
the Securities and Exchange Commission.


Very truly yours,

Colmena Corp. Audit Committee

/s/ Charles J. Champion, Jr.

Charles J. Champion, Jr.
Committee Chairman


/s/ Robert S. Gigliotti

Robert S. Gigliotti
Committee Member


<PAGE>
#### Walter S. Karter et al., Respondents, v Evelyn D. Young, Appellant.

—Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant’s motion to dismiss the complaint should have been granted. The affidavit of defense counsel in support of the motion established that a 90-day demand pursuant to CPLR 3216 had been served on plaintiffs’ counsel by certified mail and that plaintiffs had failed to file a note of issue within the statutory period. In opposing the motion plaintiffs merely stated that there had "been no unreasonable delay.” In order to defeat the motion plaintiffs were required to show "justifiable excuse for the delay and a good and meritorious cause of action” (CPLR 3216 [e]). Inasmuch as they showed neither, the motion should have been granted *(see, Sortino v Fisher,*20 AD2d 25). (Appeal from order of Supreme Court, Erie County, Sedita, J.—dismiss action.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
eCom eCom.com, inc.

               STATEMENT OF COMPUTATION OF EARNINGS PER SHARE


            Shares Outstanding   Out of Balance
            Per Workpaper X-1    at 5-31-99 by     Add SDMI     Total
            ------------------   --------------    ---------  ----------
1999:

June            12,883,600          150,000                   13,033,600
July            12,883,600          150,000                   13,033,600
August          12,883,600          150,000                   13,033,600
September       13,485,600          150,000                   13,635,600
October         13,485,600          150,000                   13,635,600
November        13,485,600          150,000                   13,635,600
December        13,877,165          150,000                   14,027,165

2000:

January         13,877,165          150,000                   14,027,165
February        13,877,165          150,000                   14,027,165
March           14,060,675          150,000                   14,210,675
April           14,060,675          150,000                   14,210,675
May             14,060,675          150,000        675,000    14,886,675
                                                             -----------

                                                             165,396,120
                                                           divided by 12
                                                             -----------
              Average shares outstanding at 5-31-00           13,783,010
                                                              ==========

Total Net Loss at 5-31-00                $2,633,425
                                         ==========

Net Loss per common share - 2000           0.191063  (2,633,425 / 13,783,010)
                                         ==========

Total Net Loss at 5-31-99                $  619,606
                                         ==========

Weighted shares outstanding at 5-31-99   12,233,142
Add SDMI shares at 5-31-99                  675,000  *
                                         ----------
                                         12,908,142
                                         ==========

Net loss per common share restated         0.048001  (619,606 / 12,908,142)
                                         ==========

* Increases weighted average outstanding shares by 675,000 shares throughout
the year.
Exhibit 32.1

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

I, Carl F. Fahrenkrug, Chief Executive Officer of Microwave Filter Company,
Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended March
31, 2011 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d); and

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

Dated: May 13, 2011                         /s/ Carl F. Fahrenkrug
                                                Carl F. Fahrenkrug
                                                Chief Executive Officer

<PAGE>
                                                                    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

I, Richard L. Jones, Chief Financial Officer of Microwave Filter Company, Inc.
(the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended March
31, 2010 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d); and

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

Dated: May 13, 2011                         /s/ Richard L. Jones
                                                Richard L. Jones
                                                Chief Financial Officer
Order entered June 7, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 12 - 00958 - CR No. 05 - 12 - 00959 - CR GREGORIO DIAZ LOPEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas Count y, Texas Trial Court Cause No s . F09 - 40834 - K , F09 - 40835 - K 

### O RDER The Court GRANTS appellant’s June 5, 2013 motion to extend time to file his brief

. We ORDER the appellant’s brief received on June 5, 2013 filed as of the date of this order.

/s/ DAVID EVANS JUSTICE
#### Ramon Liriano, Respondent, v Eveready Insurance Company, Appellant.

[941 NYS2d 509]

In an action pursuant to Insurance Law § 3420 (a) (2) to recover the amount of an unsatisfied judgment against the defendant’s insured, the defendant appeals from an order of the Supreme Court, Queens County (Lane, J.), dated November 4, 2011, which denied its motion for summary judgment dismissing the complaint on the ground that the plaintiff would be unable to prove at trial that service of the judgment was made upon the defendant.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court properly determined that summary judgment should be denied because the affidavit of service prepared by the plaintiffs now-deceased process server may be admitted as prima facie evidence of service in proceedings before that court *(see*CPLR 4531; *Koyenov v Twin-D Transp., Inc.,*33 AD3d 967, 969 [2006]). The defendant may then present testimony in rebuttal, with issues of credibility to be determined by the Supreme Court *(see e.g. Capital Resources Corp. v Auguste,*266 AD2d 330 [1999]; *Deitsch v Fischer,*246 AD2d 623 [1998]; *Gordon v Nemeroff Realty Corp.,*139 AD2d 492, 492-493 [1988]). The de*717cisión and order of this Court in a prior appeal in this case does not support a contrary conclusion *(see Liriano v Eveready Ins. Co.,*65 AD3d 524 [2009]).

The defendant’s remaining contention was improperly advanced for the first time in its reply papers before the Supreme Court, and therefore we do not consider it *(see Goldman v A&E Club Props., LLC,*89 AD3d 681, 683 [2011]; *Djoganopoulos v Polkes,*67 AD3d 726, 727 [2009]). Mastro, A.P.J., Hall, Lott and Sgroi, JJ., concur.
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 Quarterly Report of Radiologix, Inc. (the Company)
on Form 10-Q for the quarterly period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael N. Murdock, Senior Vice President and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge that:

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

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



|                                                                    
|--------------------------------------------------------------------
|/s/ MICHAEL N. MURDOCK                                              
|Michael N. Murdock Senior Vice President and Chief
Financial Officer

Dated: November 8, 2006

A signed original of this written statement required by Section 906 has been provided to Radiologix, Inc. and will be retained by Radiologix, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### UNITED STATES of America, Plaintiff—Appellee, v. Bobby Samuel HUGHES, Jr., Defendant—Appellant.

No. 08-6783.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 6, 2008.

Decided: Dec. 8, 2008.

Bobby Samuel Hughes, Jr., Appellant Pro Se. David Thomas Maguire, Elizabeth Wu, Assistant United States Attorneys, Michael Cornell Wallace, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bobby Samuel Hughes, Jr., appeals the district court’s order denying his 18 U.S.C. § 3582(c) (2006) motion for reduction of sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Hughes,*No. 3:00-cr-00004-JRS-1 (E.D.Va. Apr. 25, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
III 

112TH CONGRESS 

1ST SESSION S. RES. 321 

Commemorating the 50th anniversary of the Federal Executive Boards. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2011 

Mr. AKAKA (for himself, Mr. INOUYE, Mr. LEVIN, and Mr. BROWN of Massachusetts) submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Commemorating the 50th anniversary of the Federal 

Executive Boards. 

Whereas the Federal Executive Boards were established 

through a presidential directive signed by President John 

F. Kennedy in 1961; 

Whereas, the Federal Executive Boards increase effectiveness 

and economy of Federal agencies through coordination of 

local approaches to national programs and shared management needs; 

Whereas, the Federal Executive Boards serve over 780,000 

Federal civilian employees in 28 locations across the Nation; 

Whereas, the Federal Executive Boards provide a forum for 

the exchange of information between Washington, D.C. 

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2 

•SRES 321 ATS 

and agencies in the field about programs, management 

methods, and administrative issues; 

Whereas, the Federal Executive Boards improve the continuity of Government operations by facilitating planning 

and coordination among local Federal agencies; 

Whereas, the Federal Executive Boards increase the efficiency of Federal spending through cost-avoidance on coordinated training and alternative dispute resolution programs; 

Whereas, the Federal Executive Boards serve as the Federal 

point of contact for intergovernmental collaboration and 

community outreach in their locales; 

Whereas commemorating the 50th anniversary of the Federal 

Executive Boards will recognize members and staff of 

Federal Executive Boards for their unyielding dedication 

and commitment to public service, as well as the Federal 

agencies whose support over the years has helped Federal 

Executive Boards provide Federal employees with lowcost training, emergency preparedness plans, and performance recognition through interagency awards events: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) commemorates the 50th anniversary of the 

3 Federal Executive Boards; 

4 (2) commends the Federal Executive Boards for 

5 their unyielding dedication to the Federal commu6 nity; 

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3 

•SRES 321 ATS 

1 (3) encourages Federal leaders to continue sup2 port of, and participation in, activities of the Federal 

3 Executive Boards; and 

4 (4) urges the people of the United States to ob5 serve the 50th anniversary of Federal Executive 

6 Boards with appropriate ceremonies and activities. 

Æ 

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