alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Margaret K. Gallagher et al, Petitioners, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents.

Supreme Court, Special Term, New York County,

July 26, 1943.

*Joseph H. Broderick*for petitioners.

*Andrew M. Lawler*for respondents.

Valente, J.

This proceeding under section 330 of the Election Law to invalidate a petition must be instituted within fourteen days after, the last day to file petitions. It is not disputed that the last day for this purpose was July 20, 1943, the date of the order to show cause. It provided by its terms that service might be effected by mailing a copy thereof on or before July 20, 1943, to the committee to fill vacancies. The question presented is whether the court obtains jurisdiction to entertain the proceeding where the mailing in such ease takes place on July 20, 1943, but the order to show cause is not received or actually delivered until a later date. Section 335 of the Election Law permits a proceeding to be heard “ upon such notice * * * as the court * * * shall direct * * Under subdivision 1 of rule 20 of the Rules of Civil Practice, papers generally may be served by mail, but under rule 21 papers to *begin*a proceeding -must be served in a manner similar *“*to the mode of personal service of a summons. ’ ’ Without deciding the question whether the latter rule might exclude the mailing of an order to commence a proceeding of this character alto-, gether, nevertheless it is clear from the facts disclosed in the *1031
      *Matter of Constantino*(286 N. Y. 681) that mailing on the last day does not fulfill the requirements of the statute. An examination of the papers in that matter reveals that an order to show cause was procured on August 26, 1941, which was the last or fourteenth day. It provided for service by mailing on or before that day, August 26, 1941, which was complied with by mailing on that day. The Special Term dismissed the proceedings, and its direction was affirmed without opinion, 262 Appellate Division 957. The Court of Appeals affirmed without opinion. In respect of the dismissal of the proceedings by the Special Term, the memorandum report of the decision of the Court of Appeals (286 N. Y. 681) states: “ The ruling was based upon the ground that the proceedings were not instituted within the required statutory period of fourteen days.” (See, also, *Matter of Tombini,*177 Misc. 148, affd. 262 App. Div. 956.) The court deems the failure to serve the order within the time allowed as fatal and therefore the proceeding cannot be entertained. Furthermore, it appears that a copy of the order to show cause was not served upon the candidate, but upon the com-, mittee to fill vacancies and the Board of Elections. Such service is insufficient to invoke the jurisdiction of the court, for service must be made upon the candidate. *(Matter of Mucciolo,*37 N. Y. S. 2d 575.) For the reasons assigned, the proceeding is dismissed.
EXHIBIT 31.1

                                  CERTIFICATION

I, Robert E. Swanson, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Ridgewood Energy K
Fund, LLC;

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(s) 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; and

(c) 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(s) 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; and

(b) 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: November 14, 2005
/s/ Robert E. Swanson
Robert E. Swanson
President and Chief Executive Officer
(principal executive officer)
##### 



Exhibit 32.1

CERTIFICATE OF

CHIEF EXECUTIVE OFFICER


OF


AMERICAN CELLULAR CORPORATION


I, Everett R. Dobson, Chief Executive Officer of
American Cellular Corporation (the Company), hereby
certify that, to the best of my knowledge, the annual report of
the Company on Form 10-K for the year ended
December 31, 2003, (the Report):



| |                                                                                                                                                                                                                                                     
| | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | a. complies with the requirements of Section
    13(a) or 15(d) of the Securities Exchange Act of 1934, and that                                                                                                                                    
|
| | b. the information contained in the Report
    fairly presents, in all material respects, the financial
    condition of the Company at December 31, 2003, and the
    results of the Companys operations for the year ended
    December 31, 2003.



| |                                  
| | ---------------------------------
| | /s/ EVERETT R. DOBSON            
| |                                  
| | Everett R. Dobson                
| | Chairman of the Board, President,

Chief Executive Officer and Director


March 15, 2004
CROWELL v. CROWELL

31A18-1

Supreme Court of North Carolina.

January 9, 2019

Thomas D. Bumgardner, Amy Simpson Fiorenza, Attorneys at Law, for Crowell, Andrea Kirby.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 4th of January 2019 by Defendant-Appellee:

*839"Motion Allowed by order of the Court in conference, this the 9th of January 2019."

Defendant-Appellee shall have up to and including February 1, 2019, to file and serve his/her brief with this Court.
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 on Form 10-K of Spine Pain Management, Inc.,
formerly known as “Versa Card, Inc.”  (the "Company") for the year
ended December 31, 2009, as filed with the Securities and Exchange Commission on
the date hereof (the “Covered Report"), I, William F. Donavan, Chief Executive
Officer of the Company, pursuant to 18 U.S.C. Sec.1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that:





The
Covered 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





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





IN
WITNESS WHEREOF, I have executed this certificate as of this 31st day of
March, 2010.





/s/ William F. DonavanBy:
      William F. Donavan, Chief Executive OfficerDate:
      March 31, 2010
Assignment of Purchase and Sale Agreement



 Exhibit 10.1 
 ASSIGNMENT OF PURCHASE AND SALE AGREEMENT 
 THIS ASSIGNMENT
OF PURCHASE AND SALE AGREEMENT dated May 21, 2013, is made by and between Wheeler Interests, LLC, a Virginia limited liability company, (“Assignor”), and WHLR-Tampa Festival, LLC, a Delaware limited liability company
(“Assignee”). 
 Background: 
 A. Wheeler Interests, LLC, a Virginia limited liability company and CRP II-Tampa Festival, LLC, a Florida limited liability company previously entered into a Purchase and Sale Agreement, dated
May 15, 2013 (the “Agreement”), with respect to the purchase of a shopping center located at Tampa, Florida and commonly referred to as Tampa Festival Centre; 
 B. Assignor desires to assign the Agreement to Assignee. 
 Agreement: 

For and in consideration of the mutual promises herein, Assignor herby assigns all of its rights and delegates all of its obligations
under the Agreement to Assignee, including all rights to any earnest money deposit or other payment, and Assignee hereby accepts the assignment of the rights of Assignor under the Agreement and assumes all of the obligations and liabilities of
Assignor under the Agreement. 
 (Signature Page Follows) 







 In Witness Whereof, the parties have executed this Assignment as of the 21st day of May
2013. 
  

			
	ASSIGNOR:
	
	WHEELER INTERESTS, LLC,
	a Virginia limited liability company
		
		 	/s/ Jon S. Wheeler
		 	By Jon S. Wheeler, its Managing Member
	
	ASSIGNEE:
	
	WHLR-Tampa Festival, LLC,
	a Delaware limited liability company
		
		 	 /s/ Jon S. Wheeler

		 	 By Jon S. Wheeler, its Manager
STATE of North Carolina v. Edward M. ALONZO

No. 288P18

Supreme Court of North Carolina.

December 5, 2018

Daniel K. Shatz, Assistant Appellate Defender, for Alonzo, Edward M.

Glenn Gerding, Appellate Defender.

Ellen A. Newby, Assistant Attorney General, Anne M. Middleton, Special Deputy Attorney General, William R. West, District Attorney, for State of North Carolina.

*ORDER*

The Petition for Discretionary Review filed by defendant in this case on 25 September 2018 is decided as follows: defendant's petition is allowed for the limited purpose of considering the first issue listed in defendant's petition. Except as specifically allowed in this order, defendant's Petition for Discretionary Review is denied.

By order of the Court in conference, this the 5th day of December, 2018.
#### In re Lincoln Avenue. Appeal of William Roseberg.

Argued Oct. 24, 1899.

Appeal, No. 50, Oct. T., 1899, by William Roseberg, from order of C. P. No. 2, Allegheny Co., Jan. T., 1895, No. 361, dismissing exceptions to reportof viewers.

Before Sterrett, C. J., Green, McCollum, Mitchell, Dean, Fell and Brown, JJ.

Affirmed.

*436
      *James Fitzsimmons,*with Mm *J. S. Ferguson*and *David L. Starr,*for appellant.

*Greorge H. Quaill,*for appellee, was not heard.

October 30, 1899 :

Per. Curiam,

We find no error in this record that requires us to sustam any of the specifications of error. For the reasons given in the opinion of the learned judge of the court below, ante, p. 432, he was clearly right in dismissing appellant’s exceptions.

Decree affirmed and appeal dismissed at appellant’s costs.
**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 StrikeForce Technologies, Inc. (the
      "Company") on Form 10-QSB for the period ending September 30, 2006, as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      I, Mark Joseph Corrao, acting in the capacity as the Chief Financial Officer
      of
      the Company, certify to the best of my knowledge, 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, except the financial statements are in the
        process of being reviewed by our Independent Registered Public Accounting
        firm;
        and


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





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




*/s/
      Mark Joseph Corrao*





*Mark
      Joseph Corrao*


*Chief
      Financial Officer*




*November
      20, 2006*
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **1 -**  **6 38**  **8**

UNITED STATES OF AMERICA ,
P laintiff

─ Appell ee ,

v.
KEITH G. MARTIN, a/k/a Beach Boy , Defendant

─ Appell ant
.
Appeal from the United States District Court for the District of South Carolina , at Charleston

. Patrick Michael Duffy , Senior District Judge. ( 2 : 97

- c r - 00 943

- PMD

- 6 )

Submitted : July 21 , 2011 Decided: July 25, 2011

Before NIEMEYER and GREGORY , Circuit Judge s , and HAMILTON, Senior Circuit Judge

.

Affirm ed by unpublished per curiam opinion

.

Keith G. Martin , Appellant Pro Se

. Michael Rhett Dehart, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CU RIAM:
Keith G. Martin appeals the district court ’ s margin
order denying his “Motion for Statement of Reasons” in his
criminal case. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s
order

. United State s v. Martin , No. 2:97

- cr - 00943

- PMD

- 6
(Mar. 7, 2011) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4821 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4821

   To amend title 5, United States Code, to make stillborn children 
             eligible for optional life insurance coverage.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2010

Mr. Burton of Indiana introduced the following bill; which was referred 
          to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
   To amend title 5, United States Code, to make stillborn children 
             eligible for optional life insurance coverage.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kaytlynn Noggle Federal Life 
Insurance Equity Act''.

SEC. 2. INCLUSION OF STILLBORN CHILDREN FOR PURPOSES OF LIFE INSURANCE 
              PAYMENTS.

    Section 8701(d)(1)(B) of title 5, United States Code, is amended 
by--
            (1) striking ``(other than a stillborn child)''; and
            (2) inserting ``stillborn child,'' after ``adopted 
        child,''.
                                 <all>
```
[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Page 5616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2045]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force


Meeting Notice for Air Force Academy Board of Visitors

    Pursuant to Section 9355, Title 10, United States Code, the U.S. 
Air Force Academy Board of Visitors will meet at the Rayburn Building 
in Washington, DC, February 11, 2005. The purpose of the meeting is to 
consider the morale and discipline, curriculum, instruction, physical 
equipment, fiscal affairs, academic methods, and other matters relating 
to the Academy.
    A portion of the meeting will be open to the public while other 
portions will be closed to the public to discuss matters listed in 
Paragraphs (2), (6), and Subparagraph (9)(B) of Subsection (c) of 
Section 552b, Title 5, United States Code. The determination to close 
certain sessions is based on the consideration that portions of the 
briefings and discussion will relate solely to the internal personnel 
rules and practices of the Board of Visitors or the Academy; involve 
information of a personal nature, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy; or 
involve discussions of information the premature disclosure of which 
would be likely to frustrate implementation of future agency action. 
Meeting sessions will be held in room 2212 of the Rayburn Building, 
Washington, DC.
    For further information, contact Lieutenant Colonel Paul Price, 
Chief, USAFA & Accessions Activities Division, Directorate of Learning 
and Force Development, Deputy Chief of Staff, Personnel, AF/DPLA, 1040 
Air Force Pentagon, Washington, DC, 20330-1040, (703) 695-9855.

Albert Bodnar,
Air Force Federal Register Liaison Officer.
[FR Doc. 05-2045 Filed 2-2-05; 8:45 am]
BILLING CODE 5001-05-P
The COMMITTEE TO ELECT DAN FOREST v. EMPLOYEES POLITICAL ACTION COMMITTEE (EMPAC)

231A18-1

Supreme Court of North Carolina.

January 4, 2019

David Steven Walker, II, Attorney at Law, for The Committee to Elect Dan Forest

C. Amanda Martin, Attorney at Law, Raleigh, for Employees Political Action Committee (EMPAC)

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 3rd of January 2019 by Defendant:

"Motion Allowed by order of the Court in conference, this the 4th of January 2019."

Defendant shall have up to and including the 21st day of January 2019 to file and serve his/her brief with this Court.
Page 1 United States Court of Appeals Fifth Circuit 

### FILED April 17, 2006 Charles R. Fulbruge III Clerk 

### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 05-20422 Summary Calendar

In the Matter of: MANDALL & WRIGHT Debtor ROBERT D RAPP Appellant,

versus TUCKER, VAUGHAN, GARDNER, AND BARNES PC; JANET CASCIATO NORTHRUP Appellees.

Appeal from the United States District Court for the Southern District of Texas (USDC No. 4:04-cv-4825)

_________________________________________________________ Before REAVLEY, JOLLY, and OWEN, Circuit Judges.* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. Page 2 

### PER CURIAM:* 1 Reviewing the record and applying the same standards as applied by the district court, we affirm for the following reasons: 1. The pre-petition value of contingent fee contracts realized by a defunct law firm is property of the bankruptcy estate and must be established by the trustee. Turner v. Avery , 947 F.2d 772, 774 (5th Cir. 1991). The trustee took steps to ensure that the estimates offered by Tucker, Vaughan were not biased against Rapp. Mr.Vaughan submitted a sworn statement attesting to the veracity of his firm’s stageof-completion estimates. In addition, the trustee retained the outside firm of Carrigan, McCloskey & Roberson to spot check a random sample of Tucker, Vaughan’s estimates. 2. Unlike Connecticut Gen. Life Ins. Co. v. United Cos. Fin

. Corp . ( In re Foster Mortgage Corp .) 68 F.3d 914 (5th Cir. 1995), this case does not involve transactions between a subsidiary and its corporate parent. Nor were Rapp’s interests and legal posture ignored. To the contrary, the bankruptcy judge accepted a settlement plan in which the trustee had a different methodology for determining the value of the pre-petition services than that which Rapp would most prefer. Rapp has not demonstrated that the settlement approved by thePage 3

bankruptcy court rests on facts which were clearly erroneous. Affirmed.
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**

The undersigned, Albert E. Hickman, the President, Chief Executive Officer and a Director of Environmental Control Corp., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)           the quarterly report on Form 10-QSB of Environmental Control Corp. for the six months ended March 31, 2007 (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 Environmental Control Corp.

Dated  May 31, 2007.

/s/ Albert E. Hickman

Albert E. Hickman

President, Chief Executive Officer and Director

(Principal Executive Officer)
STATE v. Marvin Everett MILLER, Jr.

217PA17-2

Supreme Court of North Carolina.

January 30, 2019

Mark Montgomery, Attorney at Law, for Miller, Marvin Everette (Jr.).

David J. Adinolfi, II, Adren Harris, Special Deputy Attorney Generals, J. Douglas Henderson, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 5th of November 2018 by State of NC to Deem Response Timely Filed:

"Motion Dismissed as moot by order of the Court in conference, this the 30th of January 2019."