alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HOLLINGSWORTH v. LONG ISLAND R. CO.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Action by William Hollingsworth against the Long Island Railroad Company.

William J. Kelly, for appellant.

A. N. Weller (Jacob Fromme, of counsel), for respondent.

PRATT, J.

The case went to the jury on the point as to whether the injury was caused by the defective brake. oThe verdict establishes that to be the fact, and from that we think defendant’s liability results. We are not able to ■agree with defendant’s counsel that the railroad company owed no duty to the plaintiff in respect to that brake. The perils of his occupation which he assumed did not include defective rolling gear of which he had no notice. The court correctly held that concurring negligence of a coemployé did not relieve defendants from responsibility. Lilly v. Railroad Co., 107 N. Y. 566, 14 N. E. 503. The verdict was not excessive. Judgment affirmed, with costs. BROWN, J., dissents without opinion.
[No. 10569.

Department Two.

November 20, 1912.]

#### Julia E. Blinn, *Respondent,*v. Harry L. Grindle *et al.,*Appellants.1

Appeal — Decision—Law of Case. A decision upon a former appeal that an action was commenced within time limited by statute and was not barred by laches is conclusive on the second appeal.

Actions — Commencement—Eilino Complaint. Under Rem. & Bal. Code, §§ 167 and 220, where service of a summons is made within twenty-five days after the complaint is filed, the action is deemed commenced from the time of the filing of the complaint, and this applies to actions by private parties.

Taxation-^Deed — Action to Set Aside — Conditions Precedent— Tender of Tax. A tender of taxes as a condition precedent to an action to set aside a tax deed is excused where it appears that the defendants claimed title to the land and plainly indicated that any tender would be refused.

Appeal from a judgment of the superior court for King county, Holcomb, J., entered January 29, 1912, upon findings in favor of the plaintiff, in an action to cancel a tax deed.

Affirmed.

*Vince H. Faben,*for appellants.

*Peters*& *Powell*and *Marion Edwards,*for respondent.

1

Reported in 127 Pac. 840.

Morris, J.

This appeal brings this case for the second time before this court. The first appeal was decided in *Blinn v. Grindle, 58*Wash. 679, 109 Pac. 122, to which reference is made for the facts. The first judgment was one of dismissal, which was here reversed and the cause remanded with directions to proceed with the trial. This has been done. The court below on the further hearing sustained the action, from which judgment this appeal is taken.

The judgment is attacked upon three grounds: That the action was brought too late; that respondent was guilty of laches; and lack of tender. The first two contentions were *121disposed of on the former hearing. The former appeal was taken from a judgment based upon the opinion of the lower court that plaintiff was guilty of laches. This court held that the action was not barred by laches, and that it was commenced within the time limited by statute. No new facts are presented sufficient to change the ruling on the first appeal, and that judgment must be accepted as determinative. It might be added that, if the question were a new one, we would hold that, under the facts submitted showing the service to have been made within twenty-five days after the complaint was filed, the action would be deemed commenced from the time of filing the complaint rather than the time of service. Such is the plain meaning of §§167 and 220, Rem. & Bal. Code, this court having uniformly held that the last clause of § 167, relative to the commencement of actions, applies to actions by private parties. *Blalock v. Condon,*51 Wash. 604, 99 Pac. 733.

Upon the question of tender, the case is controlled by *Gould v. Knox,*53 Wash. 248, 101 Pac. 886; *Gould v. Stanton,*54 Wash. 363, 103 Pac. 459; *Gould v. White,*54 Wash. 394, 103 Pac. 460, and *Pillsbury v. Beresford,*58 Wash. 656, 109 Pac. 193; and, for the reasons there given, tender was waived.

The judgment is affirmed.

Mount, C. J., Ellis, Main, and Fullerton, JJ., concur.
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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 Oak Hill Financial, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Ron J.
Copher, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.


Ron J. Copher
Chief Financial Officer

April 28, 2004


                                      -23-
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 USC 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 Medallion Financial Corp. (the Company) for the quarter ending September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on 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 results of operations of the Company as of the dates
and for the periods expressed in the Report.



|      |  |                                     
|----- |  | ------------------------------------
|By:   |  | /s/ Alvin Murstein                  
|      |  | Chairman and Chief Executive Officer
|      | 
|Date: |  | November 5, 2008                    



Page 61 of 62
#### PEOPLE, Respondent, v. THIRD NAT. BANK OF SYRACUSE et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

July 7, 1896.)

Action by the people of the state of New York against the Third National Bank of Syracuse and others.

No opinion. Judgment affirmed, without costs.
Exhibit
31.1








I, Jason
Ash, certify that:





1.           I
have reviewed this quarterly report on Form 10-Q of PacificHealth Laboratories,
Inc.;





2.           Based
on my knowledge, this 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 report;





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





4.           The
small business issuer’s other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:





a)           Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the small business issuer is made known to us by others
within those entities, particularly during the period in which this report is
being prepared;





b)           
Evaluated the effectiveness of the small business issuer’s disclosure controls
and procedures and presented in the report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and





c)             Disclosed
in this report any change in the small business issuer’s internal control over
financial reporting that occurred during the small business issuer’s most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the small business issuer’s internal control over financial
reporting; and





5.           The
small business issuer’s other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
small business issuer’s auditors and the audit committee of small business
issuer’s board of directors (or persons performing the equivalent
function):





a)           All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer’s ability to record, process,
summarize and report financial information; and





b)           Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the small business issuer’s internal control over
financial reporting.








Date:
      August 1, 2008/s/
      Jason AshJason
      Ash, President and Chief Operating
Officer
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000826345     
<NAME>                             GEODYNE ENERGY INCOME LTD PARTNERSHIP II-B
                                    
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       DEC-31-1998
<CASH>                                   107,021
<SECURITIES>                                   0
<RECEIVABLES>                            328,334
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         435,355
<PP&E>                                21,466,096
<DEPRECIATION>                        18,896,268
<TOTAL-ASSETS>                         3,185,016
<CURRENT-LIABILITIES>                     97,173
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             2,989,162
<TOTAL-LIABILITY-AND-EQUITY>           3,185,016
<SALES>                                2,492,043
<TOTAL-REVENUES>                       5,401,319
<CGS>                                          0
<TOTAL-COSTS>                          2,054,812
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                        3,346,507
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                    3,346,507
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                           3,346,507
<EPS-PRIMARY>                               8.74
<EPS-DILUTED>                                  0
        
 

</TABLE>
<PAGE>

                                                                      EXHIBIT 24

                                POWER OF ATTORNEY

      KNOW ALL PERSONS BY THESE PRESENTS that each person whose signature
appears below hereby constitutes and appoints Richard W. Kramp and John H.
Jungbauer, and each of them, his attorney-in-fact, with full power of
substitution, for the purpose of signing on his behalf, in any and all
capacities, the Annual Report on Form 10-K of ATS Medical, Inc. pursuant to
Section 13 of the Securities and Exchange Act of 1934, as amended, for the
fiscal year ended December 31, 2001 (the "10-K Report") and of signing any and
all amendments to the 10-K Report and to deliver the 10-K Report and any and all
amendments thereto as each thereof is so signed for filing with the Securities
and Exchange Commission.


/s/ Manual A. Villafana                    Dated: February 19, 2002
------------------------
Manual A. Villafana

/s/ Richard W. Kramp                       Dated: February 19, 2002
------------------------
Richard W. Kramp

/s/ John H. Jungbauer                      Dated: February 19, 2002
------------------------
John H. Jungbauer

/s/ David L. Boehnen                       Dated: February 19, 2002
------------------------
David L. Boehnen

/s/ A. Jay Graf                            Dated: February 19, 2002
------------------------
A. Jay Graf


                                       25
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Carlos Martinez, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Herbert J. Adlerberg, J.H.O.), rendered January 13, 2016, after a nonjury trial, convicting him of reckless driving, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered January 13, 2016, affirmed.</p><p>Viewing the evidence in the light most favorable to the People (<i>see People v Delamota</i>, 18 NY3d 107, 113 [2011]), it was legally sufficient to establish defendant's guilt of reckless driving (<i>see</i> Vehicle and Traffic Law ยง 1212). The credited police testimony established that defendant, while driving south in the left lane on Third Avenue, cut off a police vehicle in the right lane without signaling and then failed to yield to a pedestrian in the crosswalk. The trial court could rationally conclude from the evidence that defendant "unreasonably interfere[d] with the free and proper use of the public highway" and unreasonably endangered the safety of those that were on the road at that time (Vehicle and Traffic Law ยง 1212; <i>see People v Grogan</i>, 260 NY 138, 144 [1932]; <a href="../2015/2015_00574.htm" target="_blank"><i>People v Olsen</i>, 124 AD3d 1084</a>, 1086 [2015], <i>lv denied </i>26 NY3d 933 [2015]; <a href="../2007/2007_02136.htm" target="_blank"><i> People v Cooper, </i>38 AD3d 678</a>, 679-680 [2007]).</p><p>Nor was the verdict against the weight of the evidence (<a href="../2007/2007_09814.htm" target="_blank"><i>see People v Danielson</i>, 9 NY3d 342</a>, 348 [2007]). There is no basis for disturbing the court's determinations concerning credibility, including its acceptance of the police officer's eye-witness testimony and rejection of defendant's testimony, which consisted primarily of defendant repeatedly stating that the officer was lying without refuting the officer's version of events.</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur I concur<br>Decision Date: February 19, 2020<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
WILBORN LAW OFFICE, P.C.

TIM WILBORN, Attorney at Law — OSB # 944644

tim@wilbornlaw.com

P.O. Box 370578

Las Vegas, NV 89137

Voice: (702) 240-0184

Fax: (503) 926-9133

 Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JOHN MICHAEL GROOM, Case No. 1:15-cv-02103-SI

Plaintiff,

vs. ORDER

COMMISSIONER of Social Security,

Defendant.

Attorneys’ fees in the amount of $18,665.35 are hereby awarded to Attorney Tim Wilborn

pursuant to 42 U.S.C. § 406(b). Previously, this court awarded fees pursuant to the Equal Access

To Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the § 406(b) check, the agency is directed

to subtract the amount of the EAJA fee previously received by the attorney and to send to Plaintiff’s

attorney, Tim Wilborn, at the address above, the balance of $12,585.35, minus any user fee. Any

amount withheld after all administrative and court attorneys fees are paid should be released to the

claimant.

DATED this ____ day of ________________, 2018.

__________________________________________

United States District Court Judge

Presented by:

s/ Tim Wilborn, OSB # 944644

(702) 240-0184

 Attorney for Plaintiff

ORDER - Page 1

9th January 

/s/ Michael H. Simon
# C_2006012EN.01000401.xml

| 18.1.2006 | EN | Official Journal of the European Union | C 12/4 |
| --- | --- | --- | --- |

18.1.2006

EN

Official Journal of the European Union

C 12/4

---

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1)
   (2)

1

2

(2006/C 12/03)

(Text with EEA relevance)

AUSTRIA

Operating licences granted

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| Global Jet Austria GmbH | Wipplingerstraße 30/4 |
| A-1010 Wien |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

Global Jet Austria GmbH

Wipplingerstraße 30/4

A-1010 Wien

passengers, mail, cargo

14.11.2005

---

(1)  OJ L 240, 24.8.1992, p. 1.

1

(2)  Communicated to the European Commission before 31.8.2005.

2

---
***Exhibit99.2****

**37CAPITAL INC.**

**AMOUNTSRECEIVABLE/(PAYABLE) FROM RELATED PARTIES AND UNDERWRITERS**

**PROMOTERSAND EMPLOYEES OTHER THAN RELATED PARTIES**

**ScheduleII**

| Name of Debtor       |   |   |    | Balance Beginning of Period |   | Additions |     | (Collected)/ Paid |   | Amount Written off |    | Balance End of Period Receivable (Payable) |
|----------------------|--------|--------|---------|-----------------------------|--------|-----------|----------|-------------------|--------|--------------------|---------|--------------------------------------------|
| 2023                 |   |   |    |                        |   |      |     |              |   |               |    |                                       |   |   |   |   |   |   |   |   |   |   |   |   |
| Jackpot Digital Inc. |   |   | $       |                        |   |      | (62,828  | )                 |   |               | (28,288 | )                                          |   |   | 8,788 |   |   |   | 0 |   |   |   | (82,328 | ) |
| Jacob H. Kalpakia    |   |   |    |                        |   |      | (14,110  | )                 |   |               | (386    | )                                          |   |   | (14,96 | ) |   |   | 0 |   |   |   | 0 |   |
|                 |   |   |    |                        |   |      |     |              |   |               |    |                                       |   |   |   |   |   |   |   |   |   |   |   |   |
| 2022                 |   |   |    |                        |   |      |     |              |   |               |    |                                       |   |   |   |   |   |   |   |   |   |   |   |   |
| Jackpot Digital Inc. |   |   |  $ |                        |   |      | (33,401  | )                 |   |               | (29,427 | )                                          |   |   | 0 |   |   |   | 0 |   |   |   | (62,828 | ) |
| Jacob H. Kalpakian   |   |   |    |                        |   |      | (0       | )                 |   |               | (38,828 | )                                          |   |   | 24,718 |   |   |   | 0 |   |   |   | (14,110 | ) |
|                 |   |   |    |                        |   |      |     |              |   |               |    |                                       |   |   |   |   |   |   |   |   |   |   |   |   |
| 2021                 |   |   |    |                        |   |      |     |              |   |               |    |                                       |   |   |   |   |   |   |   |   |   |   |   |   |
| Jackpot Digital Inc. |   |   |  $ |                        |   |      | (155,644 | )                 |   |               | (27,101 | )                                          |   |   | 149,344 |   |   |   | 0 |   |   |   | (33,401 | ) |
| Jacob H. Kalpakian   |   |   |    |                        |   |      | (153,290 | )                 |   |               | (44,515 | )                                          |   |   | 197,805 |   |   |   | 0 |   |   |   | 0 |   |