alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Fullenwider v. Wheelan.

Appeal from the Birmingham City Court.

Heard before the Hon. W. W. Wilkeeson.

Cap.aniss & Weakley, for appellant.

W. M. Spencer, for appellee.

Opinion

Per Curiam.

This is an apepal from the decree of the City Court of Birmingham overruling the appellant’s demurrer to the bill of complaint of Jane M. Whelan, executrix.

The bill was filed for the specific performance of a contract of sale, and avers that the defendant declined to carry'out the contract of sale because he claimed that Mrs. Whelan did not have a perfect title to the land, for that there was an outstanding inchoate right of dower in Mrs. I. II. O’Brien, Avife of Frank P. O’Brien, by reason of the fact that a certain mortgage exhibited with the bill had not been so executed as to relinquish her doAver. The demurrers present the simple question, whether or not said mortgage Avas sufficiently executed to relinquish the inchoate right of dower of Mrs. I. H. O’Brien, who joined in the execution of the deed.

Judgment affirmed on authority of *Tew v.*Henderson, 116 Ala. 545, and *Frederick v. Wilcox,*119 Ala. 355.
CERTIFICATION

I, Clifford A. Clark, certify that:

1. I have reviewed this quarterly report on Form 10QSB of Market Central, Inc.,

2. Based on my knowledge, this quarterly 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 quarterly
report;

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

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) Designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this annual report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c) Presented in this annual report our conclusions about the effectiveness of
the disclosure controls an procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors:

a) All significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls, and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  January 14, 2005


/s/ Clifford A. Clark
-----------------------------
Clifford A. Clark
Chief Financial Officer (only to be consistent)
##### 



EOP Operating Limited Partnership
Statement of Earnings to Fixed Charges
(Dollars in thousands)
 For the nine months endedSeptember 30, 2005Income before income taxes, allocation to minority interests, income from
investments in unconsolidated joint ventures and gain on sales of real estate
    
    $
    76,416Plus Fixed Charges:Interest expense
    
    
    615,073Capitalized interest
    
    
    51Loan amortization cost
    
    
    8,751Fixed charges
    
    
    623,875Plus amortization of capitalized interest
    
    
    1,321Plus distributed income of investments in unconsolidated joint ventures
    
    
    43,444Less capitalized interest
    
    
    (51
    )Less minority interest in pretax income of subsidiaries that have not incurred
fixed charges
    
    
    (1,698
    )Total
    
    
    43,016Earnings
    
    $
    743,307Fixed charges
    
    $
    623,875Earnings to fixed charges
    
    
    1.2
<PAGE>
                                                                    EXHIBIT 32.3


                           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 Pyramid Breweries 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, Jason
W. Rees, Chief Accounting 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 result of operations of the Company.


/s/ JASON W. REES


Jason W. Rees
Chief Accounting Officer
May 15, 2004








A signed original of this written statement required by Section 906 has been
provided to Pyramid Breweries Inc. and will be retained by Pyramid Breweries
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
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 Classic Bancshares, Inc.
(the "Company") on Form 10-QSB for the period ending December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Lisah M. Frazier, Chief Operations Officer 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: February 14, 2005                  /s/ Lisah M. Frazier
      -----------------------            -------------------------------------
                                         Lisah M. Frazier
                                         Chief Operations Officer and
                                         Chief Financial Officer
Fourth Court of Appeals

San Antonio, Texas

February 21, 2019

No. 04-18-00872-CV

IN THE INTEREST OF C. M. S., A CHILD,

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2015-PA-01181

Honorable Richard Garcia, Judge Presiding

O R D E R

This is an accelerated appeal involving the termination of parental rights. On February 7, 

2019, appellant’s court-appointed attorney filed a brief pursuant to Anders v. California, 386 

U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. At this 

time, counsel has also certified he served a copy of the brief on appellant, informed appellant of 

her right to review the record and file her own brief, provided appellant with a form for 

requesting the record, and explained to appellant the procedure for obtaining the record. See

Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 

(Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—

San Antonio 1996, no pet.) see also In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at * 4 

(Tex. App.—San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from 

termination of parental rights). To date, appellant has not filed the form provided by her counsel. 

If appellant desires to file a pro se brief, we order that she do so on or before March 13, 

2019. At this time, the State has filed a notice waiving its right to file a brief in this case unless 

appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a 

responsive brief no later than twenty days after appellant’s pro se brief is filed in this court. 

We further order the clerk of this court to serve a copy of this order on appellant, her

appointed counsel, the attorney for the State, and the clerk of the trial court. 

_________________________________

Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 21st day of February, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
#### *In re*Foulks’ Estate.

*(Surrogate's Court, Kings County.*

March 31, 1890.)

Judgment—Vacating—Irbegulabitt.

Where it appears from a surrogate’s decree that certain matters were litigated and passed on, when in fact the surrogate declined to consider such matters for' want of jurisdiction, there is an “irregularity” for which the decree maybe set aside under Code Civil Proc. fí. Y. § 1282, made applicable to surrogate’s courts by section 2481, subd. 6.

Motion by John W. Foulks to vacate or modify certain decrees of the surrogate confirming the report of the referee to the effect that the accounts of the executors of the will of William Foulks, deceased, were correct, and deciding that the referee did not have jurisdiction to try certain objections made to the accounts, and ordering distribution of the estate in pursuance of the will. For action by John W. Foulks against the executors for a legacy, see 6 N. Y. Supp. 112.

*Goodrich, Beady*cfi *Goodrich,*for John W. Foulks. *Lawton & New,*for the executors.

Abbott, S.

This motion is made, under subdivision 6 of section 2481 of the Code of Civil Procedure, to open, vacate, modify, or set aside the decrees of this court made and entered in the above-entitled matter on or about the 23d and 27th days of November, 1888. “Subd. 6. The powers, conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Section 1282 of the Code sets forth the manner in which a court of record and general jurisdiction exercises the powers.- “Sec. 1282. A motion to set aside a final judgment for irregularity shall not be heard after the expiration of one year since the filing of the judgment roll.” The petitioner herein does not claim that there was any fraud or collusion practiced upon him by the executors, but simply that the decrees do not state the facts which were presented to the surrogate. From the said decrees, it appears as if certain objections to said accounts were litigated and passed on by the referee *516and surrogate, whereas the fact is they both refused to entertain or pass upon said objections, on the ground that they did not have jurisdiction. It is well settled that anything unwarranted introduced into a judgment is an irregularity, for which the remedy is by motion to be made within one year after the filing of the judgment roll in the court of original jurisdiction. This question has been recently passed upon by the court of appeals in *Bank*v. *Blye,*23 N. E. Rep. 805. See, also, *In re Tilden,*98 N. Y. 434; also, *In re Hawley,*100 N. Y. 206, 3 N. E. Rep. 68. More than one year having expired since the entry of the decrees, the motion must be denied.
(August 19, 1987)

#### In the Matter of Richard A. Salahuddin et al., Petitioners, v Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, et al., Respondents.

Motion for order reversing two orders of Supreme Court at Special Term, remitting the matter to Special Term, and for further relief treated as an application, pursuant to CPLR 5704 (a), to review said orders of Special Term which, in effect, denied petitioners’ application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78. Application denied *(see, Matter of King v Gregorie,*90 AD2d 922, *Iv dismissed*58 NY2d 822). Kane, J. P., Main, Casey, Levine and Harvey, JJ., concur.
I 

111TH CONGRESS 

2D SESSION H. R. 6067 

To increase by $25 million the funding available for individual development 

accounts for each of fiscal years 2011 and 2012, and to amend the 

Internal Revenue Code of 1986 to eliminate the domestic production 

deduction for coal and other hard mineral fossil fuels. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Ms. LINDA T. SA ́NCHEZ of California introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To increase by $25 million the funding available for individual development accounts for each of fiscal years 2011 

and 2012, and to amend the Internal Revenue Code 

of 1986 to eliminate the domestic production deduction 

for coal and other hard mineral fossil fuels. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The IDA Protection 

5 Act of 2010’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 6067 IH

1 SEC. 2. SUPPLEMENTAL AMOUNTS FOR INDIVIDUAL DE2 VELOPMENT ACCOUNTS. 

3 (a) IN GENERAL.—The Secretary of Health and 

4 Human Services shall make grants to qualified entities for 

5 individual development accounts under rules similar to the 

6 rules of the Assets for Independence Act (42 U.S.C. 604 

7 note); except that such grants shall be made without re8 gard to any matching requirements. 

9 (b) GRANTS TO BE SUPPLEMENTAL.—Funds made 

10 available to carry out this section shall be used to supple11 ment, and not supplant, other Federal, State, and local 

12 funds available for individual development accounts. 

13 (c) DEFINITIONS.—For purposes of this section, the 

14 terms ‘‘qualified entity’’ and ‘‘individual development ac15 count’’ shall have the respective meanings given such 

16 terms by section 404 such Act (42 U.S.C. 604 note). 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out the pur19 poses of this section $25,000,000 for each of fiscal years 

20 2011 and 2012. 

21 SEC. 3. ELIMINATION OF DOMESTIC PRODUCTION DEDUC22 TION FOR COAL AND OTHER HARD MINERAL 

23 FOSSIL FUELS. 

24 (a) IN GENERAL.—Subparagraph (B) of section 

25 199(c)(4) of the Internal Revenue Code of 1986 is amend26 ed by striking ‘‘or’’ at the end of clause (ii), by striking 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 6067 IH

1 the period at the end of clause (iii) and inserting ‘‘, or’’, 

2 and by adding at the end the following new clause: 

3 ‘‘(iv) the sale, exchange, or other dis4 position of coal, other hard mineral fossil 

5 fuels (including lignite and oil shale), or 

6 any primary product thereof.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years beginning after 

9 December 31, 2010. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
* Senior Judge Butzner did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (1994). UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-1745
CAROLYN J. WOODS, Plaintiff - Appellant, versus PIZZA HUT OF AMERICA, INCORPORATED, Defendant - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CA-96-1013-2) Submitted: August 14, 1997 Decided: August 21, 1997 Before NIEMEYER, Circuit Judge, and BUTZNER * and PHILLIPS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion.2 Carolyn J. Woods, Appellant Pro Se. Susan Roussel Blackman, WILLCOX & SAVAGE, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Appellant appeals the district court's adverse grant of summary judgment and dismissal of her civil action. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Woods v. Pizza Hut of America, Inc. , No. CA-96-1013-2 (E.D. Va. Apr. 30, 1997). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          11,936
<SECURITIES>                                    14,774
<RECEIVABLES>                                    3,028
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                31,740
<PP&E>                                          13,387
<DEPRECIATION>                                   2,993
<TOTAL-ASSETS>                                  50,841
<CURRENT-LIABILITIES>                            9,908
<BONDS>                                          3,541
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           198
<OTHER-SE>                                      36,688
<TOTAL-LIABILITY-AND-EQUITY>                    50,841
<SALES>                                              0
<TOTAL-REVENUES>                                 4,067
<CGS>                                                0
<TOTAL-COSTS>                                    8,804
<OTHER-EXPENSES>                                   112
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (4,849)
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                            (4,949)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,949)
<EPS-PRIMARY>                                   (0.25)
<EPS-DILUTED>                                   (0.25)
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>



27.1                    Financial Data Schedule

This schedule contains Summary Financial  Information extracted from the Balance
Sheet,  Statement of Operations and Statement of Cash Flows included in our Form
10-Q for the period  ending  April 2, 1999,  and is qualified in our entirety by
reference to such financial statements.     
</LEGEND>
                        
                       
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              JUN-30-1999
<PERIOD-START>                                 JUL-01-1998
<PERIOD-END>                                   APR-02-1999
<CASH>                                              83,743
<SECURITIES>                                             0
<RECEIVABLES>                                       35,308
<ALLOWANCES>                                        (9,206)
<INVENTORY>                                         17,508
<CURRENT-ASSETS>                                   136,882
<PP&E>                                              70,660
<DEPRECIATION>                                     (17,797)
<TOTAL-ASSETS>                                     200,410
<CURRENT-LIABILITIES>                               51,302
<BONDS>                                             20,796
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                61
<OTHER-SE>                                         122,222
<TOTAL-LIABILITY-AND-EQUITY>                       200,410
<SALES>                                            121,122
<TOTAL-REVENUES>                                   121,122
<CGS>                                               59,338
<TOTAL-COSTS>                                       59,338
<OTHER-EXPENSES>                                    28,772
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  (1,553)
<INCOME-PRETAX>                                     34,565
<INCOME-TAX>                                        13,826
<INCOME-CONTINUING>                                 20,739
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        20,739
<EPS-PRIMARY>                                         0.44
<EPS-DILUTED>                                         0.34
        

</TABLE>
Exhibit
32.1 Section 906 Certification




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 Nutra Pharma Corp. (the “Company”) on Form
10-K for the period ending December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Rik J. Deitsch, Chief
Executive Officer 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.





/s/ Rik
      J. DeitschRik
      J. DeitschChief
      Executive Officer and Chief Financial OfficerDate:
      April 15, 2009





This
certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act
of 2002, be deemed filed by the registrant for the purposes of §18 of the
Securities Exchange Act of 1934, as amended. This certification shall not be
incorporated by reference into any filing under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended (whether made before
or after the date of this Report), irrespective of any general incorporation
language contained in such filing.




A signed
original of this written statement required by §906 has been provided to the
registrant and will be retained by the registrant and furnished to the
Securities and Exchange Commission or its staff upon request.