alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF NORTH CAROLINA
No. 20 3 A1 4
FILED 10 April 2015
STATE OF NORTH CAROLINA

v. TONY LINWOOD MARTIN, JR.

Appeal pursuant to N.C.G.S. § 7A

- 30(2) from the unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 7 62 S.E.2d 1 (201 4 ), finding no error in part and vacating and remanding in part a judgment entered on 22 March 2013 by Judge J. C arlton Cole in Superior Court, Halifax Cou nty. Hear d in the Supreme Court on 16 February 2015

.
Roy Cooper, Attorney General, by Kimberly N. Callahan , Assistant Attorney General, for the State

- appellant.

Ben G. Irons II for defendant

- appell ee
.

PER CURIAM

.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for consideration of defendant’s remaining issues on appeal.

REVERSED AND REMANDED

.
EXHIBIT 32.1

                        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 Annual Report of Monarch Services, Inc. (the
"Company") on Form 10-KSB for the year ending April 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Jackson Y. Dott, the Chief Executive Officer of the Company, certify,
pursuant to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

    (1)  The Report fully complies with the requirements of Sections 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/   Jackson Y. Dott
----------------------------
Jackson Y. Dott
Chief Executive Officer
July 29, 2005
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5981 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5981

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2010

                                Received

                             August 2, 2010

Read twice and referred to the Committee on Banking, Housing, and Urban 
                                Affairs

_______________________________________________________________________

                                 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:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
#### HARPER, Appellant, v. HART, Respondent.

(Supreme Court, General Term, Third Department.

July 14, 1894.)

Action by Elvira Harper against Elma A. Hart.

No opinion. Order affirmed, with $10 costs and printing and other disbursements.
I 

111TH CONGRESS 

2D SESSION H. R. 6216 

To amend title VI of the Civil Rights Act of 1964 to prohibit discrimination 

on the ground of religion in educational programs or activities. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2010 

Mr. SHERMAN (for himself and Mr. ENGEL) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend title VI of the Civil Rights Act of 1964 to prohibit 

discrimination on the ground of religion in educational 

programs or activities. 

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

3 SECTION 1. NONDISCRIMINATION ON THE GROUND OF RE4 LIGION. 

5 Section 601 of the Civil Rights Act of 1964 (42 

6 U.S.C. 2000d) is amended— 

7 (1) by inserting ‘‘(a)’’ before ‘‘No person’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b)(1) No person in the United States shall, on the 

10 ground of religion, be excluded from participation in, be 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 6216 IH

1 denied the benefits of, or be subjected to discrimination 

2 under, an educational program or activity receiving Fed3 eral financial assistance. 

4 ‘‘(2) Paragraph (1) shall not be construed— 

5 ‘‘(A) to limit an educational entity covered by 

6 section 606 with a religious affiliation, mission, or 

7 purpose from applying policies for the admission of 

8 students, criteria for attaining academic degrees, 

9 regulations governing student conduct and student 

10 organizations, or policies for the employment of fac11 ulty or staff, if the corresponding policies, criteria, 

12 or regulations relate to the religious affiliation, mis13 sion, or purpose; 

14 ‘‘(B) to require an educational entity covered by 

15 section 606 to provide accommodation to any stu16 dent’s religious obligations (including dietary restric17 tions and school absences); or 

18 ‘‘(C) with respect to an educational entity cov19 ered by section 606 that permits expressive organi20 zations to exist by funding or otherwise recognizing 

21 the organizations, to require the entity to limit such 

22 organizations from exercising their freedom of ex23 pressive association by establishing criteria for their 

24 membership or leadership.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 32.2


             STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
             SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

      The undersigned, Anthony J. Patti, is the Senior Vice President,
Chief Financial Officer and Treasurer of Mystic Financial, Inc. (the
"Company").

      This statement is being furnished in connection with the filing by
the Company of the Company's Quarterly Report on Form 10-Q for the quarter
ended December 31, 2003 (the "Report").

By execution of this statement, I certify that:

      A)    the Report fully complies with the requirements of Section
            13(a) or 15(d) of the Securities Exchange Act of 1934
            (15 U.S.C. 78m(a) or 78o(d)) and

      B)    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
            covered by the Report.

      This statement is authorized to be attached as an exhibit to the
Report so that this statement will accompany the Report at such time as the
Report is filed with the Securities and Exchange Commission, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350.  It
is not intended that this statement be deemed to be filed for purposes of
the Securities Exchange Act of 1934, as amended.

      A signed original of this written statement required by Section 302
has been provided to Mystic Financial, Inc. and will be retained by Mystic
Financial, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.


February 13, 2004                      /s/ Anthony J. Patti
-----------------                      ------------------------------------
Dated                                  Anthony J. Patti


<PAGE>  33
EXHIBIT 99.3

                              MANAGEMENT ASSERTION

                     For the period of January 1, 2002 to December 31, 2002, the
           servicing of consumer finance receivables owned by BMW Vehicle Lease
           Trust 2000-A has been conducted by BMW Financial Services NA, LLC, in
           its capacity as servicer, in compliance with the servicing standards
           in all material respects, set forth in Article II of the 2000-A
           Servicing Supplement dated November 1, 2000, of the Basic Servicing
           Agreement dated August 30, 1995.

           By:         BMW Financial Services NA, LLC

           By:         /s/ Gerald Holzmann
                       -------------------------------
                       Gerald Holzmann

           Title:     CFO
----

----

| 1.  | The      Annual Report fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of      1934, as amended; and |
|----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.  | The      information contained in the Annual Report fairly presents, in all      material respects, the financial condition and results of operations of      the LP. |
|----------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      March 25, 2009                                                                                                             |   |
|---------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                  |
| /s/      Mark Gatto                                                                                                                   |
| Mark      Gatto                                                                                                                       |
| Co-Chief      Executive Officer and Co-PresidentICON      Capital Corp.General      Partner of ICON Income Fund Eight BL.P. |
<PAGE>
                                                                               .
                                                                               .
                                                                               .

EXHIBIT 12


                            CHECKPOINT SYSTEMS, INC.
                       RATIO OF EARNINGS TO FIXED CHARGES
                                   (UNAUDITED)

<Table>
<Caption>
(AMOUNTS IN THOUSANDS)                                     2006         2005        2004         2003         2002
----------------------------------------------------------------------------------------------------------------------
                                                                            (AS         (AS          (AS           (AS
                                                                       RESTATED)   RESTATED)    RESTATED)     RESTATED)
<S>                                                     <C>         <C>          <C>          <C>         <C>
Interest expense (1)..................................  $    2,307  $     4,192  $    8,467   $   13,067  $     18,089
Interest factor in rental expense.....................       4,898        5,673       6,871        7,196         5,136
                                                        ----------  -----------  ----------   ----------  ------------
(a) Fixed charges, as defined.........................  $    7,205  $     9,865  $   15,338   $   20,263  $     23,225
                                                        ----------  -----------  ----------   ----------  ------------
Earnings (loss) from continuing operations before       $   41,975  $    40,127  $   21,031   $   29,443  $     22,801
   income taxes and minority interest.................
Fixed charges.........................................       7,205        9,865      15,338       20,263        23,225
                                                        ----------  -----------  ----------   ----------  ------------
(b) Earnings, as defined..............................  $   49,180  $    49,992  $   36,369   $   49,706  $     46,026
                                                        ----------  -----------  ----------   ----------  ------------
(c) Ratio of earnings to fixed charges (b / a)........        6.8x         5.1x        2.4x         2.5x          2.0x
                                                        ==========  ===========  ==========   ==========  ============
</Table>
(1)     Includes amortization of finance costs.

The ratio of earnings to fixed charges is computed by dividing earnings by fixed
charges. "Earnings" consist of earnings from continuing operations before income
taxes and minority interest plus income from an equity method investee plus
fixed charges. "Fixed Charges" consist of interest expense plus one-third of
rental expense (which amount is considered representative of the interest factor
in rental expense).
I 

111TH CONGRESS 

2D SESSION H. R. 6359 

To amend title IV of the Employee Retirement Income Security Act of 

1974 to provide for a guarantee by the Pension Benefit Guaranty Corporation for qualified preretirement survivor annuities under insolvent 

or terminated multiemployer pension plans. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. MAFFEI (for himself and Mr. ANDREWS) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To amend title IV of the Employee Retirement Income Security Act of 1974 to provide for a guarantee by the 

Pension Benefit Guaranty Corporation for qualified preretirement survivor annuities under insolvent or terminated multiemployer pension plans. 

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

3 SECTION 1. GUARANTEE FOR PRE-RETIREMENT SURVIVOR 

4 ANNUITIES UNDER MULTIEMPLOYER PEN5 SION PLANS. 

6 (a) IN GENERAL.—Section 4022A(b) of the Em7 ployee Retirement Income Security Act of 1974 (29 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 6359 IH

1 U.S.C. 1322a(b)) is amended by adding at the end the 

2 following new paragraph: 

3 ‘‘(3) For purposes of subsection (a), a qualified pre4 retirement survivor annuity (as defined in section 

5 205(e)(1)) with respect to a participant under a multiem6 ployer plan which becomes insolvent under section 4245(b) 

7 or 4281(d)(2) or is terminated shall not be treated as for8 feitable solely because the participant has not died as of 

9 the date on which the plan became so insolvent or the ter10 mination date.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply with respect to multiemployer plan 

13 benefit payments becoming payable on or after the date 

14 of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
#### John E. MILLER, Plaintiff, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Jefferson City, Missouri, Defendant.

Civ. A. No. 1510.

United States District Court, W. D. Missouri, C. D.

Dec. 22, 1969.

John E. Miller, pro se.

Kenneth M. Romines, Asst. Atty. Gen., Jefferson City, Mo., for defendant.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

WILLIAM H. BECKER, Chief Judge.

Plaintiff, formerly a state convict confined in the Missouri State Penitentiary, in his complaint herein under the Federal Civil Rights Act, states that he was required by defendant, under threat of “starvation and punishment in the hole”, to perform in prison industry “a job that was known to be dangerous and hazerdous (sic) to any one”; and that as a result plaintiff “did suffer greatly” and “lost his thumb”. Plaintiff therefore asks $1,000,000 in actual damages and $1,000,000 in punitive damages.

Defendant now moves to dismiss this cause because, as he contends, it is barred by the applicable state statute of limitations. Defendant asserts, and offers his affidavit to show, that the alleged injury was sustained by plaintiff on March 30, 1964. Therefore, defendant argues that, since the complaint herein was filed on October 31, 1969, the five-year Missouri statute of limitations applicable to personal injury actions, Section 516.120, RSMo, had run.

On a motion to dismiss, however, the allegations of the complaint must be viewed in the light most favorable to plaintiff. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80; Great Atlantic & Pacific Tea Co. v. Amalgamated Meat Cutters & Butcher Workmen of North America (C.A. 8) 410 F. 2d 650; Leimer v. State Mut. Life Assur. Co. (C.A. 8) 108 F.2d 302. Plaintiff states that he was not released from the Missouri State Penitentiary until sometime between October 31, 1969, and November 10, 1969. It is true, as defendant asserts, that analogous state statutes of limitations apply to actions under the Civil Rights Act. Thus, the “savings clause” of Section 516.170, *519RSMo, applies in this case, as follows: It provides

> “If any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time of the cause of action accrued be . imprisoned on a criminal charge, or in execution under a sentence of a criminal court for a less term than his natural life, such persons shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 after such disability is removed.”

It is therefore

Ordered that defendant’s motion to dismiss be, and it is hereby, denied.
Work Smarter

Use proper body mechanics during forcible entry.

Photos courtesy of Phoenix Fire Department.

Follow these tips to improve your safety and fitness on the job.

Use these proper body mechanics methods to prevent musculoskeletal injury during forcible entry:

ĵ Pivot at the ankle to maintain ankle, knee and hip alignment. 

ĵ Move hips, knees and ankles at the same rate to ensure alignment.

ĵ Maintain a neutral spine, and hinge at the hips. 

ĵ Power should come from the hips rather than the back and arms. 

ĵ Keep your eyes on the target. 

Download or order your free copy* of the U.S. Fire Administration’s “Emergency Services Ergonomics and 

Wellness” handbook to learn more corrective measures to help increase the safety of emergency responders, 

reduce the costs of worker’s compensation claims, maximize the longevity of emergency service careers, and 

assist with sending personnel into healthy retirements.

*Quantity restrictions apply.

Visit usfa.fema.gov

to learn more.
Exhibit 32.1

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 on Form 10-Q of Active Power, Inc. (the
Company) for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James A. Clishem, President and Chief Executive 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, to my knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

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



/s/ James A. ClishemJames A. ClishemPresident and Chief Executive OfficerJuly 28, 2009
##### 



Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13a-14(a) OR 15d-14(a)
UNDER THE SECURITIES EXCHANGE ACT OF 1934 I, Charles A. Jett, Jr., certify that:  1.
    I have reviewed this Annual Report on Form 10-K of Emageon 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 registrant as of, and for, the periods presented in this
report;4.
    The registrant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 registrant 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 registrant, including its consolidated subsidiaries, 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 registrants disclosure controls and
procedures and presented in this 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; andc)
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and  5.
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):  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 registrants ability to record, process, summarize and report financial
information; andb)
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting. Date: March 31, 2005 /s/ Charles A. Jett, Jr.Charles A. Jett, Jr.Chief Executive Officer
(Principal Executive Officer)