alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PACIFIC EXPRESS CO. *v.*MALIN.

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS.

No. 1203.

Submitted November 19, 1888. —

Decided November 26, 1888.

When the defendant below sues out the writ of error, the matter in dispute here is the judgment rendered against him.

In a case which had been dismissed for want of jurisdiction, no opposition *395having been made thereto, the court allowed a mandate, notwithstanding notice of the motion for the mandate had not been given.

Motion to dismiss for want of jurisdiction.

The defendant in error was plaintiff below, and brought bis action at law against the plaintiff in error in the District Court of Mitchell County, Texas, for an injury done to his property by the defendant in error, and claimed damages in the sum of $5850. An answer was filed by the express company. On the 6th January, 1887, the case was removed on the defendant’s petition to the Circuit Court of the United States for the Western District of Texas, and there entered as No. 24. Certain proceedings were had in that court, and the case being at issue was tried before a jury on the 12th April, 1888, who rendered a verdict for plaintiff for $3000. Judgment was' entered on this verdict. The plaintiff, at the suggestion of the court, entered on it a remittitur of $350, thus reducing the judgment from $3000 to $2650. The writ of error was sued out by the plaintiff in error to reverse this judgment.

*Mr. William JELallett Phillips*for the motion.

No one opposing.

Per curiam

: This case is dismissed for want of jurisdiction.

*Dismissed.*

*Mr.*Phillips, at a later day, moved the court for the issuance of a mandate, and, as cause therefor, he stated that no notice of the motion for the mandate had been served on the opposite party; but that no opposition had been made to the dismissal of the case, and, as the dismissal had been made for want of jurisdiction, there would seem to be no reason why the mandate should be withheld.

Pee cueiam

: Sufficient cause has been shown, and the mandate may issue at once.

*Mandate issued.*
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5981 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 5981

_______________________________________________________________________

                                 AN ACT

 
   To increase the flexibility of the Secretary of Housing and Urban 
  Development with respect to the amount of premiums charged for FHA 
   single family housing mortgage insurance, and for other purposes.

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

SECTION 1. MORTGAGE INSURANCE PREMIUMS.

    (a) Flexibility.--Subparagraph (B) of section 203(c)(2) of the 
National Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended--
            (1) in the matter preceding clause (i)--
                    (A) by striking ``shall'' and inserting ``may''; 
                and
                    (B) by striking ``0.50 percent'' and inserting 
                ``1.5 percent''; and
            (2) in clause (ii), by striking ``shall be in an amount not 
        exceeding 0.55 percent'' and inserting ``may be in an amount 
        not exceeding 1.55 percent''.
    (b) Implementation.--The Secretary may adjust the amount of any 
initial or annual premium charged pursuant to subsection (a) through 
notice published in the Federal Register or mortgagee letter. Such 
notice or mortgagee letter shall establish the effective date of any 
premium adjustment therein.

SEC. 2. CONGRESSIONAL TESTIMONY.

    The Assistant Secretary of the Department of Housing and Urban 
Development who is the Federal Housing Commissioner shall appear before 
the Committee on Banking, Housing and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of Representatives 
within 270 days after the enactment of this Act to discuss the 
finances, including premiums, of the Federal Housing Administration.

            Passed the House of Representatives July 30, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 5981

_______________________________________________________________________

                                 AN ACT

   To increase the flexibility of the Secretary of Housing and Urban 
  Development with respect to the amount of premiums charged for FHA 
   single family housing mortgage insurance, and for other purposes.
```
# C_2022320EN.01003801.xml

| 24.8.2022 | EN | Official Journal of the European Union | C 320/38 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/38

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40424 Capcom

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/17)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees with the Commission on the final amount of the fine, including its reduction based on paragraph 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---
Exhibit 32.1   Skinovation Pharmaceutical Incorporated   CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Skinovation Pharmaceutical Incorporated certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  1. the annual report on Form 10-K of the Company for the year ended December 31, 2007, 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 Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: March 11, 2008/s/ John W. Peters
John W. Peters
Principal Executive Officer
Principal Financial Officer
(8 Misc. Rep. 463.)

#### ZLOTOVSKY v. TWENTY-THIRD ST. RY. CO.

(Superior Court of New York City, General Term.

May 7, 1894.)

Contributory Negligence—Injuries to Children.

Where a boy 14 years and 10 months old was guilty of negligence contributing to his injuries, his complaint in an action to recover therefor was properly dismissed.

Appeal from jury term.

Action by Henry Zlotovsky, by guardian ad litem, against the Twenty-third Street Railway Company for personal injuries. From a judgment entered on the dismissal of the complaint, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed.

Argued before FREEDMAN and McADAM, JJ.

M. Altmayer, for appellant.

Robinson, Biddle & Ward, for respondent.

PER CURIAM.

The action was brought to recover damages for injuries received in being run down by one of defendant’s cars. At the time of the injury the plaintiff was about 14 years and 10 months of age, and a messenger boy in the employ of the American District Telegraph Company. He was clearly sui juris. His complaint was dismissed at the trial because it appeared affirmatively that he had been guilty of negligence which contributed to the injury. The learned trial judge, on making this ruling, stated his reasons at length for holding as he did, and they were justified by the state of the evidence. It is not necessary to restate them here. The complaint was therefore properly dismissed. The judgment and order should be affirmed, with costs.
Exhibit 31.01**CERTIFICATION**I, Theresa D. Becks, certify that:1. I have reviewed this quarterly report on Form 10-Q of the Trust; 2. Based on my knowledge, this quarterly report does not contain any untrue statement ofa 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 misleadingwith respect to the period covered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonable likely to materiallyaffect, the registrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.         By: /s/ Theresa D. Becks       Theresa D. Becks      Chief Executive Officer      Campbell & Company, Inc.      Managing Operator      The Campbell Fund Trust      November 14, 2007  
E 2
#### The People of the State of New York, Respondent, v Winston Gajadhar, Appellant.

Submitted May 21, 2007;

decided June 5, 2007

Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
**EXHIBIT 32.1**

 

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

 

In connection with the Annual Report of IWT Tesoro Corporation (the “Company”)on Form 10-KSB/A for the year ended December 31, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, HenryJ. Boucher, Jr., Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. sec. 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

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

 

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

 

The foregoing certification shall not be deemed to be filed for thepurposes of Section 18 of the Securities and Exchange Act of 1934 orotherwise subject to liability under this section.  This certification shall not be deemed to beincorporated by reference into any filing under the Securities Act of 1933 orthe Exchange Act except to the extent that this Exhibit 32.1 is expresslyincorporated by reference in any such filing.

 
| Dated: August 30, 2005 | /s/ Henry J. Boucher, Jr. |   |
|-----------------------------|--------------------------------|--------|
|                        | Henry J. Boucher, Jr.     |
|                        | Chief Executive Officer        |

 

A signed original of this written statement requiredby 18 U.S.C. Section 1350 has been provided to the Company and will beretained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 

----
EXHIBIT 32(ii)

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

     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 Opus Communities, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2004, as filed with
the Securities and Exchange Commission, on the date hereof (the "Report"), the
undersigned, Dane McDaniel, Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. 1350, as adopted 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.


Dated: May    , 2005
           ---                                      ----------------------------
                                                         Dane McDaniel
                                                         Chief Financial Officer
<PAGE>

                                                                    EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Toymax
International, Inc. ("Toymax "), hereby certifies that Toymax's Quarterly Report
on Form 10-Q for the quarter ended June 30, 2002 (the "Report") fully complies
with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of Toymax.

/s/  Joel M. Bennett                              Dated: August 14, 2002
     ---------------
Joel M. Bennett
Chief Financial Officer
Principal Financial Officer
<PAGE>


                                                                    Exhibit 99.1

                            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 Chinawe.com Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Man Keung Wai,
Chief Executive 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.

/s/ Man Keung Wai
Chief Executive Officer
August 19, 2002
<TABLE> <S> <C>

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<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          24,145
<SECURITIES>                                    10,562
<RECEIVABLES>                                    2,506
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                38,996
<PP&E>                                          11,219
<DEPRECIATION>                                 (1,730)
<TOTAL-ASSETS>                                  57,923
<CURRENT-LIABILITIES>                            9,180
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           196
<OTHER-SE>                                      44,268
<TOTAL-LIABILITY-AND-EQUITY>                    57,923
<SALES>                                              0
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<CGS>                                                0
<TOTAL-COSTS>                                   51,421
<OTHER-EXPENSES>                                    80
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (41,356)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (41,356)
<DISCONTINUED>                                       0
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<EPS-PRIMARY>                                   (2.88)
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</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00627

- CV

Paula Lehne NETHERTON

, Appellant

v.

Jacintha COWAN , Individually and as the Independent Executor of the Estate of James Dennis

Lehne, Jr., Shannon Sucher, and James Dennis Lehne, III,

Appellees

From the 198th Judicial District Court, Menard County, Texas

Trial Court No. 2011

- 05270

Honorable M. Rex Emerson, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE MARION , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the judgment of the trial court is

AFFIRMED. Costs of appeal are taxed against Appellant Paula Lehne Netherton.

SIGNED August 14, 2013.

_____________________________ Karen Angelini, Justice
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

________________

No. 13

- 4442

________________

UNITED STATES OF AMERICA

v.

GREGORY GARRETT BROWN,

Appellant

________________

Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Criminal Action No. 1

- 11

- cr

- 00034

- 001)

District Judge: Honorable Maurice B. Cohill, Jr.

________________

Argued June 12, 2014

Before: AMBRO and BARRY, Circuit Judges

,

and RESTANI, * Ju dge

(Opinion filed September 2, 2014)

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinion in the above case filed

September 2, 2014, be amended as follows:

On page 11, in the second full paragra ph, fifth line down, insert the word “court”

after “sentencing” and before “should” so that the phrase reads: “a sentencing court

should first determine a violation .

. . .”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Da ted: November 4, 2014

T mm/ cc: all counsel of record

* Honorable Jane A. Restani, Judge, United States Court of International Trade, sitting by

designation.
**EXHIBIT 23.01**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We have issued our reports dated May 7, 2007, accompanyingthe consolidated financial statements (which report expressed an unqualified opinion and contains an explanatory paragraph about Design Within Reach, Inc.’s adoption of Statement No. 123R, “Share-Based Payment”) andmanagement’s assessment of the effectiveness of internal control over financial reporting (which report expressed an unqualified opinion on management’s assessment, and an adverse opinion on the effective operation of internal control overfinancial reporting) included in the Annual Report of Design Within Reach, Inc. on Form 10-K for the year ended December 30, 2006. We hereby consent to the incorporation by reference of said reports in the previously filed RegistrationStatements of Design Within Reach, Inc. on Form S-8 (File No. 333-117190, effective July 7, 2004). 

 

San Francisco, California 

May 7, 2007
Exhibit 13.1





Certification of Principal Executive Officer pursuant to 18 U.S.C. § 1350,


as adopted pursuant to § 906 of the Sarbanes-Oxley Act





In connection with the annual report on Form 20-F for the fiscal year ended December 31, 2010 of MIND C.T.I. Ltd. (the “Company”) as filed with the U.S. Securities and Exchange Commission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Monica Iancu, certify that:





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





·
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: June 20, 2011/s/ Monica IancuMonica IancuPresident and Chief Executive Officer(Principal Executive Officer)
EXHIBIT 32.02CERTIFICATION BY CHIEF FINANCIAL OFFICER      I, Theresa D. Becks, the Chief Financial Officer of Campbell & Company, Inc. as managingoperator, of The Campbell Fund Trust, certify that (i) the Form 10Q for the quarter ended September30, 2006 of The Campbell Fund Trust 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 Form 10Q for thequarter ended September 30, 2006 fairly presents, in all material respects, the financial conditionand results of operations of The Campbell Fund Trust.         THE CAMPBELL FUND TRUST    By: Campbell & Company, Inc., managing operator           By: /s/ Theresa D. Becks       Theresa D. Becks      Chief Financial Officer      November 8, 2006  
E 7