alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          37,981
<SECURITIES>                                    56,336
<RECEIVABLES>                                   39,439
<ALLOWANCES>                                     2,308
<INVENTORY>                                          0
<CURRENT-ASSETS>                               152,744
<PP&E>                                          22,665
<DEPRECIATION>                                   9,694
<TOTAL-ASSETS>                                 171,430
<CURRENT-LIABILITIES>                           42,489
<BONDS>                                            798
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           523
<OTHER-SE>                                     127,620
<TOTAL-LIABILITY-AND-EQUITY>                   171,430
<SALES>                                              0
<TOTAL-REVENUES>                               114,848
<CGS>                                                0
<TOTAL-COSTS>                                   43,262
<OTHER-EXPENSES>                                53,623
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              (3,156)
<INCOME-PRETAX>                                 21,119
<INCOME-TAX>                                    11,727
<INCOME-CONTINUING>                              9,392
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,392
<EPS-PRIMARY>                                      .18
<EPS-DILUTED>                                      .17
        

</TABLE>
#### State of Connecticut *v.*John P. Steinmann

Decided March 8, 1990

*Timothy C. Moynihan,*in support of the petition.

*Carolyn K. Longstreth,*assistant state’s attorney, in opposition.

The defendant’s petition for certification for appeal from the Appellate Court, 20 Conn. App. 599, is denied.
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People Cherry, Natalie Cook, Kaylie Harris, Jasmine Hensley, Jack Kulow, Harley Leonard, Boyd Small, Laurie Taylor, Joshua
                                            *- Bret* Wilmer, Hailey Wilson, Carrie
                                            *- Welsh*


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<PAGE>   1
                                                                    EXHIBIT 12.1


                        U.S. RESTAURANT PROPERTIES, INC.
   RATIOS OF EARNINGS TO COMBINED FIXED CHARGES AND PREFERRED STOCK DIVIDENDS
                                 (IN THOUSANDS)


<TABLE>
<CAPTION>
                                                THREE MONTHS ENDED            SIX MONTHS ENDED
                                                     JUNE 30,                      JUNE 30,
                                                2000         1999             2000        1999
                                                ----         ----             ----        ----
<S>                                           <C>          <C>              <C>         <C>
Net income (Loss)                             (1,399)        3,693            (990)      6,203

Fixed Charges:
  Interest Expense                             7,851         7,401          15,549      14,140
  Capitalized Interest                           218           428             491         719
  Preferred Dividend Requirements              1,775         1,775           3,551       3,551
                                             -------       -------         -------     -------
Total Fixed Charges and Preferred Stock
  Dividends                                    9,844         9,604          19,591      18,410

Less Preferred Stock Dividend Requirements     1,775         1,775           3,551       3,551

Earnings                                     $ 6,670       $11,522         $15,050     $21,062
                                             =======       =======         =======     =======

Ratio of Earnings to Fixed Charges              0.83x(1)      1.47x           0.94x(1)    1.42x
Ratio of Earnings to Combined
  Fixed Charges and Preferred
   Stock Dividends                              0.68x(1)      1.20x           0.77x(1)    1.14x
</TABLE>

(1) During the three month and six month periods ended June 30, 2000, the
    Company recorded a non-cash, unusual charge of $(3,391) and $(4,422),
    respectively, relating to the contingent OP units accrued according to the
    1997 termination of the management contract. Excluding the effects of this
    unusual charge, the ratio of earnings to fixed charges and the ratio of
    earnings to combined fixed charges and preferred stock would have been 0.41x
    and 0.33x respectively for the three months ended June 30, 2000 and 0.66x
    and 0.54x, respectively for the six months ended June 30, 2000.
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 on Form 10-Q of Franklin Street
Properties Corp. (the "Company") for the period ended June 30, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, John G. Demeritt, Chief Financial Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.

Date: August 2, 2006                   /s/ John G. Demeritt
                                       -----------------------
                                       John G. Demeritt
                                       Chief Financial Officer
**BDO Seidman, LLP**

Accountants and Consultants

1100 Peachtree Street, Suite 700

Atlanta, Georgia 30309
| Telephone: | (404) 688-6841 |
|------------|----------------|
| Fax: | (404) 688-1075 |
|------|----------------|

 

 

**EXHIBIT 23.2**

 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Tengasco, Inc. and Subsidiaries

Knoxville, Tennessee

 

We hereby consent to the inclusion of our report dated March 21, 2005 in this Form 10-

K, related to the consolidated financial statements appearing in the Company’s Annual

Report on Form 10-K filed on March 31, 2005 and as amended on September 13. 2005.

 

/s/ BDO Seidman, LLP

Atlanta, GA

March 20, 2006
* Pursuant to Local Rule 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 Local Rule

47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 95-50802

Summary Calendar

_____________________

JOSEPH LOUIS TOVAR, ET AL.,

Plaintiffs - Counter Defendants,

JOSEPH LOUIS TOVAR,

Plaintiff - Counter Defendant - Appellant,

versus

STEVEN C. HILBIG, ET AL.,

Defendants,

STEVEN C. HILBIG; JOSEPHINE ANN DIXON;

MARY LOUISE JAMES; ROY GONZALES; ROBERT

HOUSTON; HAROLD OROSCO; MICHAEL MOSES;

TEXAS EDUCATION AGENCY; TEXAS STATE

BOARD OF EDUCATION; BEXAR COUNTY; STATE OF TEXAS,

Defendants-Appellees,

EDGER DODSON,

Defendant - Counter Plaintiff - Appellee.

_________________________________________________________________

Appeal from the United States District Court

for the Western District of Texas

(SA-95-CV-384)

_________________________________________________________________

August 19, 1996

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*
- 2 -

It goes without saying that this court must examine the basis

of its jurisdiction on its own motion if necessary. Mosley v.

Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “Where neither the order

appealed from nor related portions of the record reflect an intent

by the district judge to enter a partial final judgment, we refuse

to consider the order appealable as a final judgment.” Kelly v.

Lee’s Old Fashioned Hamburgers, Inc., 908 F.2d 1218, 1219-20 (5th

Cir. 1990) (en banc).

Although the district court’s order, entered on August 29,

1995, denied Tovar’s motion for a preliminary injunction and

disposed of most of his other claims, it did not dispose of his

Voting Rights Act claims. Because neither the order nor related

portions of the record reflect an intent by the court to enter a

partial final judgment, the order is not a final, appealable

judgment. 

However, because the order denied Tovar’s motion for a

preliminary injunction, we have jurisdiction over an interlocutory

appeal from that portion of it. See Association of Co-Operative

Members, Inc. v. Farmland Industries, Inc., 684 F.2d 1134, 1137-38

(5th Cir. 1982) (appellate review under § 1292(a)(1) ordinarily

extends only to those parts of an interlocutory order that relate

to the grant of an injunction), cert. denied, 460 U.S. 1038 (1983).

Nevertheless, because Tovar did not raise the denial of injunctive

relief as an issue on appeal, we will not address it. See
- 3 -

Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748

(5th Cir. 1987).

The denial of Tovar’s request for injunctive relief is

AFFIRMED. The remainder of the appeal is DISMISSED for lack of

jurisdiction.

AFFIRMED IN PART and DISMISSED IN PART
#### Mary Ann Werner, Respondent, v Kaleida Health, Appellant.

[947 NYS2d 264]

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 14, 2011 in a personal *1570injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she tripped and fell while walking down a corridor in Buffalo General Hospital, which was owned and operated by defendant. Following discovery, defendant moved for summary judgment dismissing the complaint on the grounds that the alleged defect was not a dangerous condition as a matter of law, and that defendant did not create the condition or have actual or constructive notice of it. We agree with defendant that Supreme Court erred in denying the motion. In support of the motion, defendant submitted evidence establishing that the allegedly dangerous condition was no more than a “nickel size” indentation in the linoleum-tiled corridor, and that plaintiff was wearing sandals with no backing and one- or two-inch heels.

As plaintiff correctly notes, “whether a dangerous or defective condition exists on the property of another so as to create liability depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury” *(Trincere v County of Suffolk,*90 NY2d 976, 977 [1997] [internal quotation marks omitted]). Nevertheless, where an alleged defect is shown to be “trivial as a matter of law,” summary judgment is appropriate *(Sokolovskaya v Zemnovitsch,*89 AD3d 918, 918 [2011]; *see generally Trincere,*90 NY2d at 977-978). Here, defendant’s submissions established that, in light of “the width, depth, elevation, irregularity and appearance of the defect along with the ‘time, place and circumstance’ of the injury” *(Trincere,*90 NY2d at 978), the defect was trivial as a matter of law, and in response plaintiff failed to raise a triable issue of fact to defeat the motion *(see generally Zuckerman v City of New York,*49 NY2d 557 [1980]). In light of our decision, we need not address defendant’s contentions that it did not create the dangerous condition and lacked constructive notice of its existence. Present — Scudder, P.J., Smith, Centra, Lindley and Martoche, JJ.
<PAGE>
                           CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
          AS ENACTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q for the quarterly period
ended March 31, 2003 of Hartford Life, Inc. (the "Company"), filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certifies, pursuant to 18 U.S.C. section 1350 as enacted by
section 906 of the Sarbanes-Oxley Act of 2002, that:

     1) The Report fully complies with the requirements of section 13(a) or
        section 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/ David A. Carlson
                            -----------------------------------------
                            Name:  David A. Carlson
                            Title: Vice President and Chief Financial
                                   Officer
                            Date:  May 13, 2003


A signed original of this written statement required by Section 906 has been
provided to Hartford Life, Inc. and will be retained by Hartford Life, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32  CERTIFICATION  The undersigned hereby certify that the Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2007 of PHL Variable Insurance Company (the Company) filed with the Securities and Exchange Commission on the date hereof 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 such report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ Philip K. Polkinghorn
/s/ Michael E. HaylonName:Philip K.
Polkinghorn
Name:Michael
E. HaylonTitle:President
Title:Executive
Vice President andChief
Financial OfficerDate:August
10, 2007
Date:August
10, 2007  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 required by Section 906, has been provided to PHL Variable Insurance Company and will be retained by PHL Variable Insurance Company and furnished to the Securities and Exchange Commission or its staff upon request.
34.810(2). Appellant's petition was procedurally barred absent a 

demonstration of good cause and actual prejudice. See NRS 34.726(1); 

NRS 34.810(1)(b); NRS 34.810(3). Moreover, because the State specifically 

pleaded laches, appellant was required to overcome the rebuttable 

presumption of prejudice. NRS 34.800(2). 

Appellant argued that Martinez a. Ryan, 566 U.S. , 132 S. 

Ct. 1309 (2012), provided good cause to overcome his procedural bars. 

Even assuming without deciding that Martinez applies to state habeas 

corpus proceedings, appellant was still untimely because his petition was 

not filed within a reasonable time of the publishing of that decision. See 

Hathaway a. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Moreover, 

appellant failed to overcome the presumption of prejudice to the State 

pursuant to NRS 34.800(2). We therefore conclude that the district court 

did not err in denying the petition as procedurally barred. Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 3 

3We have reviewed all documents that appellant has submitted in 

proper person to the clerk of this court in this matter, and we conclude 

that no relief based upon those submissions is warranted. To the extent 

that appellant has attempted to present claims or facts in those 

submissions which were not previously presented in the proceedings 

below, we have declined to consider them in the first instance. 

SUPREME COURT 

OF 

NEVADA 2 

(0) 19)17A 
cc: Hon. Michael Villani, District Judge 

Zel Norman 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 3 

(0) 194Th
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 1 of 9 PageID #:2436
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 2 of 9 PageID #:2437
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 3 of 9 PageID #:2438
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 4 of 9 PageID #:2439
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 5 of 9 PageID #:2440
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 6 of 9 PageID #:2441
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 7 of 9 PageID #:2442
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 8 of 9 PageID #:2443
Case: 1:01-cv-06250 Document #: 288 Filed: 01/17/03 Page 9 of 9 PageID #:2444
Consent
of Independent Registered Public Accounting Firm
  The Board
of Directors and Shareholders
  Emeritus
Corporation
  We
consent to the incorporation by reference in the registration statements
(No. 333-159573, 333-145862, 333-138414, 333-126106, 333-60323, 333-05965
and 333-70580) on Form S-8 and (No. 333-148400, 333-141801 and 333-20805) on
Form S-3 of Emeritus Corporation of our reports dated March 15, 2010, with
respect to the consolidated balance sheets of Emeritus Corporation and
subsidiaries as of December 31, 2009 and 2008, and the related consolidated
statements of operations, shareholders’ equity (deficit) and comprehensive loss,
and cash flows for each of the years in the three-year period ended December 31,
2009, and the effectiveness of internal control over financial reporting as of
December 31, 2009, which reports appear in the December 31, 2009
annual report on Form 10-K of Emeritus Corporation.
  Our
report refers to the adoption by Emeritus Corporation of Financial Accounting
Standards Board (FASB) Statement of Financial Accounting Standard No. 160, Noncontrolling Interests in
Consolidated Financial Statements, which was adopted effective January 1,
2009.
  (signed)
KPMG LLP
  Seattle,
Washington
  March 15,
2010
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 1 of 12 PageID #:144
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 2 of 12 PageID #:145
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 3 of 12 PageID #:146
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 4 of 12 PageID #:147
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 5 of 12 PageID #:148
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 6 of 12 PageID #:149
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 7 of 12 PageID #:150
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 8 of 12 PageID #:151
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 9 of 12 PageID #:152
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 10 of 12 PageID #:153
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 11 of 12 PageID #:154
Case: 1:03-cv-00563 Document #: 25 Filed: 03/28/03 Page 12 of 12 PageID #:155