alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs June 1, 2010

PROVIDENCE CROSSINGS, LLC v. SC REALTY CAPITAL, L.P., SC

CAPITAL, LLC AND SMITH REALTY INTERESTS, L.P.

Appeal from the Chancery Court for Davidson County

No. 06-364-II Ellen H. Lyle, Chancellor

No. M2009-01307-COA-R3-CV - Filed November 2, 2010

FRANK G. CLEMENT, JR., J., concurring.

I write this concurring opinion because I find it very difficult to believe that the

contractual rights at issue were not foreclosed upon and, thus, passed to the bank as a result

of the foreclosure, in which event Defendants would be entitled to summary judgment as a

matter of law as the trial court found. However, as the majority correctly notes, there may be

a small crack in the evidentiary chain that pertains to material facts at issue. I am not fully

convinced there is a deficiency, but for purposes of summary judgment the court must be

convinced that material facts are not in dispute.

The party seeking summary judgment bears the burden of demonstrating that no

genuine disputes of material fact exist and that the party is entitled to judgment as a matter

of law. Godfrey v. Ruiz, 90 S.W.3d 692, 695 (Tenn. 2002). To be entitled to summary

judgment, the moving party must affirmatively negate an essential element of the nonmoving

party’s claim or show that the moving party cannot prove an essential element of the claim

at trial. Martin v. Norfolk S. Ry. Co., 271 S.W.3d 76, 83 (Tenn. 2008); Hannan v. Alltel

Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn. 2008); McCarley v. W. Quality Food Serv., 960

S.W.2d 585, 588 (Tenn. 1998).
Because there may or may not be a crack in the evidentiary chain as it pertains to a

material fact, I am unable to conclude that Providence, the plaintiff, cannot prove an essential

element of its claim at trial. Martin, 271 S.W.3d at 83; Hannan v. Alltel Publ’g Co., 270

S.W.3d 1, 8-9 (Tenn. 2008); McCarley v. W. Quality Food Serv., 960 S.W.2d 585, 588

(Tenn. 1998). Accordingly, I concur with the majority.

______________________________

FRANK G. CLEMENT, JR., JUDGE

-2-
#### UNITED STATES of America, Plaintiff-Appellee v. Jose Guadalupe INIGUEZ-GONZALEZ, Defendant-Appellant.

No. 10-10072

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 26, 2010.

Nancy E. Larson, Assistant U.S. Attorney, Alex Lewis, U.S. Attorney’s Office, *17Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, Peter Michael Fleury, Assistant Federal Public Defender, Federal Public Defender’s Office, Fort Worth, TX, for Defendant-Appellant.

Jose Guadalupe Iniguez-Gonzalez, Big Spring, TX, pro se.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Jose Guadalupe Iniguez-Gonzalez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Iniguez-Gonzalez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Section 1350 Certifications

                     CERTIFICATE OF CHIEF FINANCIAL OFFICER
                       Pursuant to 18 U.S.C. Section 1350

      As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

     I,  Sterling  Klein,  Chief  Financial  Officer,   Director  and  principal
accounting  officer of Fidelis  Energy Inc.,  certify that the Annual  Report on
Form 10-KSB/A (the "Report") for the period ended December 31, 2004,  filed with
the Securities and Exchange Commission on the date hereof:

         (i)      fully complies with the requirements of Section 13(a) or 15(d)
                  of the Securities Exchange

                  Act of 1934, as amended, and

         (ii)     the information contained in the Report fairly presents in all
                  material  respects,  the  financial  condition  and results of
                  operations of Fidelis Energy Inc...

               By:    /S/ STERLING KLEIN
                      CFO and a member of the Board of Directors
                      (who also performs the function of  principal accounting
                      officer)

A signed  original of this  written  statement  required by Section 906 has been
provided to Fidelis  Energy Inc.,  and will be retained by Fidelis  Energy Inc.,
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
#### CONDELLONE v. CONDELLONE

No. 344P98

Case below: 129 N.C.App. 675

Petition by defendant (Peter Condellone) for discretionary review pursuant to G.S. 7A-31 denied 5 November 1998.
---

Exhibit 32.1





CERTIFICATION





In connection with the Quarterly Report of Rockies Region 2007 Limited Partnership (the “Registrant”) on Form 10-Q for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned certify pursuant to § 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 Registrant.





/s/ Richard W. McCullough

May 14, 2010Richard W. McCulloughChief Executive OfficerPetroleum Development CorporationManaging General Partner/s/ Gysle R. Shellum

May 14, 2010Gysle R. ShellumChief Financial OfficerPetroleum Development CorporationManaging General Partner


A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided by the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
December 15, 2023

Re: Weekly Notification of Rule Amendments –

Updates to Risk Parameters Established by ICC 

Pursuant to Section 5c(c)(1) of the Commodity 

Exchange Act and Commission Regulation 

40.6(d)

VIA ELECTRONIC PORTAL

Mr. Christopher Kirkpatrick

Secretary

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, D.C. 20581

Dear Mr. Kirkpatrick:

ICE Clear Credit (“ICC”) hereby submits, pursuant to Section 5c(c)(1) of the Commodity Exchange Act and 

Commodity Futures Trading Commission (“Commission”) Regulation 40.6(d), a notification of changes to 

risk parameters established by ICC in consultation with the ICC Risk Committee, Trading Advisory Group 

and/or Risk Working Group. ICC is registered with the Commission as a derivatives clearing organization.

The purpose of this notification is to report any changes to the risk parameters established by ICC. During 

the week ending December 15, 2023, changes were made to the following parameters: 

• Recovery Rates (RR) update for one NA SN Risk Factor

• bid/offer widths for CDX and iTraxx credit indices

• concentra�on charge thresholds for index and single name risk factors

• Kendall Tau rank-order correla�ons for NA, EU, Asia/Pacific (“AP”), and Emerging Market 

(“EM”) risk factors

• MAD es�mates (inclusive of EWMA) for NA, EU, AP, and EM risk factors

• le� and right tail parameters for NA, EU, AP, and EM risk factors

ICC has posted a copy of this submission on its website concurrent with this filling. 

ICC would be pleased to respond to any questions the Commission or the staff may have regarding this 

submission. Please direct any questions or requests for information to the attention of the undersigned 

at Olivia.Bazor@ice.com or 904-855-5580.

Sincerely,

Olivia Bazor

Staff Attorney
Mount Knowledge Holdings, Inc.: Exhibit 10.1 - Filed by newsfilecorp.com






Exhibit 10.1

LETTER OF INTENT 

September 10, 2010 

Mr. Simon Arnison 
Mount Knowledge USA, Inc. 
Vice
President, Secretary and Director 
39555 Orchard Hill Place 
Novi,
Michigan 48375 

Re: Extension of Letter of Intent dated June 30, 2010 

Dear Mr. Arnison: 

This letter confirms our mutual intentions to further extend
the effective period of the Letter of Intent executed on April 26, 2010 by and
between MOUNT KNOWLEDGE HOLDINGS, INC., a fully reporting public Nevada
corporation (“Purchaser and/or MKHD”) and MOUNT KNOWLEDGE USA, INC. (“MTKUSA”),
a privately-held Nevada corporations and its Shareholders (“Shareholders”),
hereinafter MTKUSA and the Shareholders shall be collectively referred to as
(the “Sellers”) with respect to the potential transaction described therein.

All of the terms and conditions of the proposed transaction
shall be set forth in a definitive agreement (the “Stock Purchase and Share
Exchange Agreement”) to be executed on or before October 31, 2010 (the “Extended
Period”), with a subsequent date of closing (the “Closing Date”), to be mutually
agreed to by Sellers and Purchaser. 

The modification and extension is required for Mount Knowledge
USA, Inc. to complete the ongoing Regulation D Rule 506 Private Placement
Memorandum (PPM) to raise a maximum of $1,500,000 dollars in equity capital in
MTKUSA, of which MTKUSA presented to MKHD as of the date of this Letter of
Intent extension that it has already raised a total of approximately $1,450,000
dollars (unaudited) to date. Both parties agree that MTKUSA shall be allowed to
continue to raise capital from its PPM until the Closing Date at which time the
shareholders of record of MTKUSA at such date would be acknowledged and included
in the executed Stock Purchase and Share Exchange Agreement. 

This document, in and of itself, does not represent an
enforceable legal contract. This extension, when executed by both parties, shall
not supersede any of the terms and conditions set forth in the previously
executed Letter of Intent on or about April 26, 2010. All terms and conditions
of the original Letter of Intent dated on April 26, 2010 shall remain in full
effect. 

If the foregoing terms and conditions are acceptable to Mount
Knowledge USA, Inc, please so indicate by initialing each page and signing the
enclosed copy of this Letter of Intent and returning it to the attention of the
undersigned.

1 




Sincerely, 

MOUNT KNOWLEDGE HOLDINGS, INC. 

By:  /s/ Daniel A.
Carr                  

        Daniel A.
Carr, 
        President and CEO 

ACCEPTED AND AGREED 

MOUNT KNOWLEDGE USA, INC. 

By:  /s/ Simon
Arnison                      
       
Simon Arnison 
        Vice
President, Secretary and Director 

Date: September 10, 2010 

2
EXHIBIT 32.1

SARBANES-OXLEY SECTION 906 CERTIFICATION



In connection with the Quarterly Report of New Ulm Telecom, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bill Otis, 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) 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:  May 10, 2007
        
        By
        /s/
        Bill OtisBill OtisPresident and Chief Executive Officer






---
#### Filley *v.*Littlefield.1

*Circuit Court, E. D. Missouri.*

October 9, 1885.)

1. Patents—Infringement—Improvement.

In a suit for infringement, the fact that the infringing device is an improvement upon the one described in the complainant’s patent is no defense.

2. Same—Stoves.

Letters patent No. 236,425, and letters patent No. 246,606, issued to Giles F. Filley, for improvements in cooking stoves, *held,*infringed by stoves constructed in accordance with the specifications of letters patent No. 310,874, granted to D. G. Littlefield.

In Equity.

*Paul BakeweU,*for complainant.

*D. G-. Littlefield, pro se.*

1

Reported by Benj. F. Bex, Esq., of the St. Louis bar.

Treat, J.,

*(orally.)*This is an action upon two patents. The only inquiry involved is as to the infringement by the defendant of plaintiff’s patents. The party defendant did not choose, under the *283requirements of the statute, to assail the validity of the complainant’s patents. Therefore tlie case stands solely on the question of infringement. Both patents are infringed, and there will be a decree accordingly, and perpetual injunction. It may or may not be that defendant’s patent is an improvement; but whether that be so or not, he cannot infringe tho plaintiff’s patents, the validity of which is undisputed. As to the damages, B. Gratz Brown will be appointed special master *pro hue vice.*
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2379 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2379

     To reauthorize the Bulletproof Vest Partnership Grant Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2019

  Mr. Pascrell (for himself, Mr. King of New York, Mrs. Demings, Mr. 
Collins of Georgia, Mr. Visclosky, and Mr. Fitzpatrick) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To reauthorize the Bulletproof Vest Partnership Grant Program.

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

SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM REAUTHORIZATION.

    Section 1001(a)(23) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10261(a)(23)) is amended by 
striking ``part Y'' and all that follows and inserting ``part Y, 
$30,000,000 for fiscal year 2020, and each fiscal year thereafter.''.
                                 <all>
```
EXHIBIT 32.1
 
 AQUASIL INTERNATIONAL INC.
 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 Aquasil International Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ilya Khasidov, as Principal Executive Officer of the Company, hereby 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 Date: May 20, 2011
By:
/s/Ilya KhasidovName:Ilya KhasidovTitle:Principal Executive Officer
 
 A signed original of this written statement required by Section 1350 of Title 18 of the United States Code 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.
 
 The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing.)
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of --

Potomac Construction Company, Inc. 

Under Contract Nos. FQ 9194, FQ 9098 

APPEARANCE FOR THE APPELLANT: 

APPEARANCE FOR THE AUTHORITY: 

) 

) 

) 

) 

) 

ASBCA Nos. 60327, 60328 

Charles W. Sickels, Esq. 

Sickels, Frei & Mims, P .C. 

Fairfax, VA 

Jon B. Crocker, Esq. 

Chief Counsel 

Washington Metropolitan Area 

Transit Authority 

Washington, DC 

ORDER OF DISMISSAL 

The dispute has been settled. The appeals are dismissed with prejudice. 

Dated: 12 July 2016 

~~ Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA Nos. 60327, 60328, Appeals of Potomac 

Construction Company, Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published. 

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-60124

Conference Calendar

__________________

ALVIN LEE JACKSON,

 Plaintiff-Appellant,

versus

EDDIE LUCAS, Commissioner, Mississippi

Department of Corrections, ET AL.

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi 

USDC No. 2:94-CV-68PS

- - - - - - - - - -

August 23, 1995

Before KING, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:*

Alvin Lee Jackson appeals the dismissal of his civil rights

suit. Because Jackson did not file objections to the magistrate

judge's report recommending dismissal, the factual findings

therein are reviewed for "plain error or manifest injustice." 

Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir. 1982) (en

banc). An appellant, even one pro se, who wishes to challenge

findings or conclusions that are based on proceeding at a hearing

has the responsibility to order a transcript. Fed. R. App. P.
No. 95-60124

-2-

10(b); Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.), cert.

denied, 113 S. Ct. 668 (1992). This court does not consider the

merits of an issue when the appellant fails in that

responsibility. Powell, 959 F.2d at 26; see also Richardson v.

Henry, 902 F.2d 414, 416 (5th Cir.) (pro see appellant), cert.

denied, 498 U.S. 901 (1990).

Jackson has not provided a trial transcript. Even if a

transcript were available, the credibility and weight to be given

the evidence are exclusively in the province of the trier of

fact. "`An appellate Court is in no position to weigh

conflicting evidence and inferences or to determine the

credibility of witnesses; that function is within the province of

the finder of fact.'" Martin v. Thomas, 973 F.2d 449, 453 n.3

(5th Cir. 1992). Therefore, a transcript is irrelevant because

Jackson's argument regarding credibility determinations is

inappropriate. We thus decline to consider his contention on

appeal. See Alizadeh v. Safeway Stores, Inc., 910 F.2d 234, 237

(5th Cir. 1990).

This appeal is without arguable merit and thus frivolous. 

Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. 

APPEAL DISMISSED.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### F LORIDA



### S ECOND 

### D ISTRICT

NATIONSTAR MORTGAGE, LLC

,

Appellant,

v.

ADAM BROWN and HANA R. BROWN

,

Appellee s

.

No. 2D 20 2 3

- 2088

August 30 , 20 2 4

Appeal from the Circuit Court for Sarasota County; Hunter W. Carroll,

Judge.

Alec P. Hayes of Troutman Pepper Hamilton Sanders LLP, Atlanta,

G eorgia , for Appellant.

Scott D. McKay of McKay Law Firm, P.A., Bradenton, for Appellees.

P ER C URIAM

.

Affirmed.

VILLANTI

, BLACK

, and ROTHSTEIN

- YOUAKIM

, JJ.

, Concur.

Opinion subject to revision prior to official publication.
**EXHIBIT 32.1**

 

 

**CERTIFICATION OF**

**CHIEF EXECUTIVE OFFICER**

**OF PIONEER SOUTHWEST ENERGY PARTNERS L.P.**

**PURSUANT TO 18 U.S.C. § 1350**

 

I, Scott D. Sheffield, Chairman and Chief Executive Officer of Pioneer Southwest Energy Partners L.P. (the "Company"), hereby certify that the accompanying Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2008 and filed with the Securities and Exchange Commission pursuant to Section 13(a) of the Securities Exchange Act of 1934 (the "Report") by the Company fully        complies with the requirements of that section.

 

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.          

 

 

|   |   |                             |   |
|--------|--------|----------------------------------|--------|
|   |   | /s/ Scott D. Sheffield           |   |
|   | Name:  | Scott D. Sheffield, Chairman and |   |
|   |   | Chief Executive Officer          |   |
|   | Date:  | August 14, 2008                  |   |
#### PUTNAM v. FERGUSON

No. 354A98

Case below: 130 N.C.App. 95

Motion by defendant to dismiss appeal allowed 5 November 1998.
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 Kushi Resources Inc. (the “Company”) on
Form 10-Q for the period ending August 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Matthew Diehl,
President, Chief Executive Officer of the Company and a member of the Board of
Directors, certify, pursuant to 18 U.S.C. §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/
Matthew Diehl


Matthew
Diehl




Chief
Executive Officer






October
15, 2008









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 Kushi Resources Inc. (the “Company”) on
Form 10-Q for the period ending August 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Matthew Diehl, Chief
Financial Officer of the Company and a member of the Board of Directors,
certify, pursuant to 18 U.S.C. §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/
Matthew Diehl


Matthew
Diehl




Chief
Financial Officer






October
15, 2008