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[No. 10337.

Department One.

January 24, 1913.]

#### John W. Miller *et al., Appellants,*v. John Gipson *et al., Respondents.**1*

Appeal from a judgment of the superior court for Franklin county, Holcomb, J., entered January 17, 1912, upon findings of the court and a jury in favor of the defendants, in an action for equitable relief.

Affirmed.

*Charles W. Johnson,*for appellants.

*Lovell & Davis,*for respondents.

1

Reported in 128 Pac. 913.

Per Curiam.

This case was commenced and prosecuted by the plaintiffs, by a guardian *ad litem,*to cancel a deed executed by them in favor of one of the defendants, which they allege was procured from them by, and in pursuance of, a conspiracy entered into between the defendants, and by means of persuasion, wrongful advice, coercion, and wrongful suggestion, plaintiffs at the time being mentally incompetent to transact business or to execute such deed. From a judgment in favor of the defendants denying the relief prayed for, the plaintiffs have appealed.

While the relief prayed for was purely equitable, the cause was submitted to a jury by the court, for advisory findings in the form of answers to special interrogatories upon, (1) the question of appellants being mentally competent to transact business and execute the deed involved; (2) the question of conspiracy on the part of the defendants, and their wrongful advice, coercion, and influence exercised over appellants, resulting in the execution of the deed; and (3) the question of the consideration passing to appellants for the deed. These questions were all determined by the jury in favor of respondents. Thereafter the court made findings in keeping therewith in favor of respondents.

We find nothing in the contentions of counsel for appellants here presented worthy of serious consideration, except the questions of fact, which were determined against them by both the jury and the trial judge. A careful reading of the entire evidence convinces us that the findings of both the jury and the trial judge are well supported by the evidence. We would be inclined to take this view even were the burden of proof upon the respondents.

A review of the evidence in detail here would be of no value to the profession or the parties to this case. We conclude that the judgment must be affirmed. It is so ordered.
ITRONICS INC. AND SUBSIDIARIES

                     ACCOUNTANT'S LETTER REGARDING CHANGE
                            IN ACCOUNTING PRINCIPLE

                                  EXHIBIT 18



                                                         March 17,1998


Itronics Inc.
6490 S. McCarran Boulevard
Building C, Suite 23
P.O. Box 10725
Reno, Nevada 89510

Dear Sirs:

	We have audited the financial statements as of December 31, 1997 and
1996, included in your Annual Report on Form 10-KSB to the Securities and
Exchange Commission and have issued our report thereon dated March 6, 1998.
Note 18 to such financial statements contains a description of your adoption
during the year ended December 31, 1997 of a change in your accounting method
for annual audit and shareholder meeting expenses. In our judgement, such
change is to an alternative accounting principle that is preferable under the
circumstances.







                                           Very truly yours,

                                           /S/ KAFOURY, ARMSTRONG & CO.



                                      77



<PAGE>
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________

No. 96-60757

_______________

ADRON P. GARDNER,

PetitionerCross-Respondent,

VERSUS

HELMERICH & PAYNE INTERNATIONAL DRILLING COMPANY

and

NATIONAL UNION FIRE INSURANCE COMPANY

OF PITTSBURGH, PENNSYLVANIA,

RespondentsCross-Petitioners,

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS,

UNITED STATES DEPARTMENT OF LABOR,

Respondent.

_________________________

Petition for Review of an Order 

of the Benefits Review Board

(94-4028)

_________________________

October 10, 1997

Before REYNALDO G. GARZA, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*
2

We have reviewed the briefs and pertinent portions of the

record and have heard the arguments of counsel. We conclude that

the findings of fact made by the administrative law judge are

supported by substantial evidence. We see no reversible error in

the legal determinations that were made regarding the findings of

disability or in the calculation of wage rate.

The petition for review and cross-petition for review,

accordingly, are DENIED.
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK ABBOTT, DEFENDANT-PETITIONER.

See same case below: 64 *N. J. Super.*191.

*Mr. Charles Handler*for the petitioner.

*Mr. Brendan T. Byrne*and *Mr. Martin L. Greenberg*for the respondent.

January 30, 1961.

Granted.
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##### 



EXHIBIT 32

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350), each of the undersigned hereby certifies in his capacity as an officer
of ITLA Capital Corporation (the Company) that the Companys Quarterly Report
on Form 10-Q for the quarterly period ended September 30, 2003 fully complies
with the requirements of Section 13(a) 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 as of the dates and for the periods presented in the financial
statements included in such report.

|                        |  |                                 
|----------------------- |  | --------------------------------
|Date: November 14, 2003 |  | /s/ George W. Haligowski        
|                        |  |                                 
|                        |  | George W. Haligowski            
|                        |  | Chairman of the Board, President
|                        |  | and Chief Executive Officer     
|                        |  |                                 
|Date: November 14, 2003 |  | /s/ Timothy M. Doyle            
|                        |  |                                 
|                        |  | Timothy M. Doyle                
|                        |  | Senior Managing Director and    
|                        |  | Chief Financial Officer         

35
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Case 1:03-cv-00639   Document 24    Filed 01/27/04   Page 6 of 6
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ORDER APPROVING ATTORNEYS FEES PURSUANT TO 42 U.S.C §406 (b) - 1 

Drew L. Johnson, P.C. 

sherwoodreese@comcast.net

1700 Valley River Drive 

Eugene, OR 97401 

(541) 434-6466 

Attorney for Plaintiff

UNITED STATES COURT DISTRICT COURT 

 DISTRICT OF OREGON 

GARY D. MARSHALL, 

Case No. 6:15-cv-01194-SI 

Plaintiff, 

ORDER APPROVING 

vs. ATTORNEY FEES PURSUANT TO 42 

U.S.C. §406(b)

Commissioner of Social Security 

Administration, 

Defendant. 

____________________________________ 

After considering Plaintiff's Motion, and counsel for Defendant having no objection, 

Plaintiff’s Motion is hereby granted in the sum of $34,339.25, reduced by $6310.07 EAJA fees, 

for a net of $28,029.18 as full settlement of all claims for attorney fees pursuant to 42 U.S.C.

§406(b). Defendant shall pay this amount to Plaintiff’s counsel Drew L. Johnson less an

administrative assessment pursuant to 42 U.S.C. 406(d). There are no other costs. 

IT IS SO ORDERED this _____ day of _________________________ 

______________________________ 

U.S. District Judge/Magistrate Judge 

3rd January , 2018

/s/ Michael H. Simon
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EXHIBIT NO. 32.1
Form 10-KSB
Alliance Health, Inc.
File No. 0-21071

          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 Alliance Health, Inc. (the "Company") on
Form 10-KSB for the year ended  September 30, 2006 as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Sarkis  J.
Kechejian,  Chief Executive and 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 results of operations
          of the Company.


Date: December 20, 2007                      By: /s/ Sarkis J. Kechejian
      -----------------                         --------------------------------
                                                             Sarkis J. Kechejian
                                                     Chief Executive Officer and
                                                         Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Alliance Health,  Inc. and will be retained by Alliance Health, Inc.
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

MICHAEL T. BROOKS, 

Plaintiff, 

v. 

AGATE RESOURCES, INC., dba, 

Trillium Community Health Plan, 

Defendant. 

AIKEN, District Judge: 

No. 6:15-cv-000983-MK 

ORDER 

On May 14, 2019, this Court adopted Magistrate Judge Mustafa Kasubhai's 

Findings and Recommendations ("F&R") (doc. 198) and dismissed plaintiffs amended 

complaint (doc. 135) with prejudice. (doc. 212) Plaintiff subsequently filed a motion 

to reconsider that ruling. (doc. 214) 

In that motion, plaintiff contends that he "is requesting a mistrial under Rule 

59(d)." Pl's lVIot. to Reconsider at 1. As was noted in this Court's previous order, Fed. 

R. Civ. Pro. 59(d) is not the proper vehicle for relief here, as the case was dismissed 

1-0RDER 
prior to trial. However, as plaintiff is proceeding pro se, the court construes the 

present motion as a Motion for Reconsideration under Fed. R. Civ. Pro. 59(e). 

A district court is permitted to reconsider and amend a previous order 

pursuant to Fed. R. Civ. Pro. 59(e). A motion for reconsideration, however, is "an 

extraordinary remedy, to be used sparingly in the interests of finality and 

conservation of judicial resources." Kana Enters., Inc. v. Estate of Bishop, 229 F.3d 

877, 890 (9th Cir. 2000) (internal citations omitted). Reconsideration is appropriate 

only if "the district court (1) is presented with newly discovered evidence, (2) 

committed clear error or the initial decision was manifestly unjust, or (3) if there is 

an intervening change in controlling law." 389 Orange St. Partners v. Arnold, 179 

F.3d 656, 665 (9th Cir.1999). 

Plaintiff has offered no newly discovered evidence or any intervening change 

in the controlling law. Rather, plaintiff raises many of the same arguments that this 

Court and Magistrate Judge Kasubhai have considered previously. None of these 

arguments convince the Court that the previous order (doc. 212) contains clear error. 

Thus, the present motion to reconsider (doc. 214) is DENIED. 

IT IS SO ORDERED. 

Dated this 1-~y of~~~ 

Ann Aiken 

United States District Judge 

2-0RDER