alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 13113 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1976 

JACK B. GEHRING, 

Plaintiff and Appellant, 

W. E. WARNER: All State of Montana 

Department of Revenue Employees and/or 

agents, 

Defendants and Respondents. 

Appeal from: District Court of the First Judicial District, 

Hon. Nat Allen, Judge presiding. 

Counsel of Record : 

For Appellant : 

Jack Gehring, Pro Se, Helena, Montana 

For Kespondents : 

R. Bruce McGinnis, Helena, Montana 

Argument Submitted on Briefs 

Submitted: January 26, 1976 

Decided : 3It. 
PER CURIAM: 

Plaintiff filed a petition in the district court, 

Lewis and Clark County, seeking injunctive relief against the 

Montana Department of Revenue and its agents. The district 

court dismissed the petition for failure to state a claim. 

Plaintiff appeals from this dismissal. 

Plaintiff is Jack B. Gehring who filed a petition pro 

se in the district court in which he " * * * requests a injunction to restrain defendants from injuring in any way Jack B. 

Gehring life, liberty or property without a trial by jury." and 

" * * * from proceeding with any future, present proceedings in 

any communations, leins, sales and to include any other such 

action * * *." 

Defendants filed a motion to dismiss the petition or 

complaint on the ground that it failed to state a claim upon 

which relief could be granted. Following a hearing at which 

plaintiff was given an opportunity to bring out the facts underlying his claim for relief, the district court, the Hon. Nat 

Allen, district judge presiding, granted the motion to dismiss. 

An order and judgment of dismissal was entered on July 1, 1975. 

Plaintiff a~peals. 

The issue on appeal is whether plaintiff's petition or 

complaint was properly dismissed. We affirm the district court's 

dismissal. 

The petition or complaint fails to state any facts 

entitling plaintiff to injunctive relief as required by section 

93-4205, R.C.M. 1947. No statement or allegations are made concerning what the department of revenue or its agents is doing or 

threatening to do. Apparently there is some dispute or conflict 

between plaintiff and the department of revenue but we are left 

in the dark as to what it is. 
The district judge pointed this out to plaintiff at 

the hearing: 

"JUDGE ALLEN: Mr. Gehring, I don't see facts in 

this petition, do you? 

"MR. GEHRING: The fact that they wanted to sell 

my property is enough fact. 

"JUDGE ALLEN: It doesn't say that in this petition. 

What property and where does it say anything about 

it? 

"MR. GEHRING: I would not know. 

"JUDGE ALLEN: If you don't know this Court doesn't 

know. The motion is sustained and this case is 

dismissed and this Court is adjourned." 

No factual basis for injunctive relief appearing, the 

petition or complaint of the plaintiff was properly dismissed 

by the district court. 

Affirmed .
#### STATE ex rel. Henry RANKIN v. STATE of Louisiana.

No. 2002-KH-2080.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Rankin, Henry;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 288-636; to the Court of Appeal, Fourth Circuit, No. 2002 K 978.

Denied. La.C.Cr.P. art. 930.8; *State ex rel. Glover v. State,*93-2330 (La.9/5/95), 660 So.2d 1189.
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 White Mountain Titanium Corporation (the
      “Company”) on Form 10-Q for the three months ended June 30, 2008, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigned principal financial officer of the Company, 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
                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:
      August 14, 2008





*/* *s/* Charles
      E. Jenkins





Charles
      E. Jenkins, Chief Financial Officer


(Principal
      Financial Officer)
<PAGE>

Page 1                                                              Exhibit 12.1

                        AMERICAN TIRE DISTRIBUTORS, INC.
     Statement Regarding: Computation of Ratio of Earnings to Fixed Charges
                          and Preferred Stock Dividends
                  (Amounts in thousands, except ratio amounts)

<TABLE>
<CAPTION>
                                         Twelve months  Twelve months  Twelve months  Twelve months   Twelve months
                                             Ended          Ended          Ended          Ended           Ended
                                         December 27,   December 28,    December 29,   December 30,    December 31,
                                             2003           2002            2001           2000            1999
                                          (unaudited)    (unaudited)    (unaudited)    (unaudited)     (unaudited)
                                         -------------  -------------  -------------  -------------   -------------
<S>                                      <C>            <C>            <C>            <C>             <C>
Consolidated pretax income (loss) from
      continuing operations                  27,176         62,693        (23,798)         1,657           1,632
Interest                                     14,082         18,705         28,639         26,447          22,000
Interest portion of rent expense              7,901          8,194          8,500          7,051           5,640
                                             ------         ------        -------         ------          ------
EARNINGS                                     49,159         89,592         13,341         35,155          29,272
                                             ======         ======         ======         ======          ======
Interest                                     14,082         18,705         28,639         26,447          22,000
Interest portion of rent expense              7,901          8,194          8,500          7,051           5,640
                                             ------         ------        -------         ------          ------
FIXED CHARGES                                21,983         26,899         37,139         33,498          27,640
                                             ======         ======         ======         ======          ======
RATIO OF EARNINGS TO FIXED CHARGES             2.24           3.33            (a)           1.05            1.06
                                             ======         ======         ======         ======          ======
</TABLE>

(a)      IN FISCAL 2001, EARNINGS WERE INSUFFICIENT TO COVER FIXED CHARGES BY
         $23.8 MILLION
**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**

 

Inconnection with the Quarterly Report of Trim Holding Group (the “Company”) on Form 10-Q for the quarterly period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Nitin Amersey, herebycertify, 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 as of the date and for the  periods expressed in the Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ Nitin Amersey       |
|-------------------------|
| Nitin Amersey           |
| Chief Financial Officer |
|                    |
| November 15, 2010       |

 

 

 

The foregoing certification is being furnished solelypursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Reportor as a separate disclosure document.

 

 

----
<partyblock><br><br><div align="center"><b><font size="+1">Atlas Orthosurgery, P.C., as Assignee of Jackxuell Delgado, Appellant, <br><br>against<br><br>American Transit Insurance Company, Respondent. </font></b></div><br><br><p>Zara Javakov, P.C. (Zara Javakov of counsel), for appellant.Law Office of Daniel J. Tucker, for respondent (no brief filed).</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered December 12, 2017. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs), and denied plaintiff's cross motion for summary judgment.</p><p>Contrary to plaintiff's sole contention, the proof submitted by defendant was sufficient to establish the proper mailing of the IME scheduling letters (<i>see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.</i>, 50 AD3d 1123 [2008]).</p><p>Accordingly, the order is affirmed.</p><p>PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur. </p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: October 18, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
Exhibit32.1

CERTIFICATION OF CEO PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report on Form 10-Q of MortgageIT Holdings, Inc. (the"Company") for the quarterly period endedSeptember 30, 2005 as filed with the Securities and Exchange Commissionon the date hereof (the "Report"), Doug W.Naidus, as Chief Executive Officer of the Company, hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

|           |                                                                                                                     |
|-----------|---------------------------------------------------------------------------------------------------------------------|
| (1)  | The Report fully complieswith the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and |

|           |                                                                                                                                                   |
|-----------|---------------------------------------------------------------------------------------------------------------------------------------------------|
| (2)  | Theinformation contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of theCompany. |

|        |  |                                                                                                                                                                                                                   |  |  |  |  |
|--------|--|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|--|--|--|
|   |  | By:/s/ DOUG W. NAIDUS                                                                                         |
|   |  |         Doug W. Naidus         Chairmanand Chief Executive Officer        November 9,2005 |
|        |

This certification accompanies theReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of2002, be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended.

A signedoriginal of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to the Company and will beretained by the Company and furnished to the Securities and ExchangeCommission or its staff uponrequest.

----
#### Ronald DALY, Appellant, v. STATE of Florida, Appellee.

No. 2D02-5644.

District Court of Appeal of Florida, Second District.

July 23, 2003.

*618NORTHCUTT, Judge.

Ronald Daly challenges the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.

In his motion Daly disputed the inclusion of fourteen points for a prior offense on his sentencing scoresheet. He claimed that the offense occurred more than ten years before the commission of the offense giving rise to his current sentence. Convictions for offenses committed more than ten years before the commission of the primary offense must not be scored as prior record if the offender has not been convicted of any other crime for a period of at least ten consecutive years from the most recent date of release. Fla. R.Crim. P. 3.704(d)(14)(A). The circuit court denied Daly’s motion because his allegations were not apparent from the face of the record. Citing this court’s decision in *Drayton v. State,*786 So.2d 1196 (Fla. 2d DCA 2001), the circuit court found that Daly’s challenge would best be presented via a motion pursuant to Florida Rule of Criminal Procedure 3.850.

The “prior record” portion of Daly’s scoresheet lists four misdemeanors, as well as the second-degree felony of which he complains. Since the denial of his motion, he has supplemented the record with a copy of the original sentence from his 1983 felony conviction. At present, it is not apparent either from the face of the score-sheet or anywhere else in the record when the misdemeanors were committed.

Pursuant to this court’s decision in *Drayton,*we affirm without prejudice to any right Daly has to raise this issue by filing a sworn motion pursuant to rule 3.850 within thirty days of the date of our mandate in this appeal, which motion shall not be deemed successive. Any such motion must set forth the complete factual basis for deleting the points for his prior convictions from his sentencing guidelines scoresheet. We note that Daly currently has a rule 3.850 motion pending in the circuit court. If the pending motion is unresolved at the time he files his motion for relief as contemplated in this opinion, the circuit court in its discretion may treat the new motion as an amendment to the pending one.

Affirmed without prejudice to Daly’s right to file a motion pursuant to rule 3.850.

WHATLEY and SALCINES, JJ„ concur.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TERRANCE WONGUS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 45 EAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TERRANCE WONGUS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 46 EAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TERRANCE WONGUS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 47 EAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM[ 45 EAL 2023, 46 EAL 2023 and 47 EAL 2023 ]

- 2

AND NOW , this 18th day of July, 2023

, the Petition for Allowance of Appeal is

DENIED

.
Exhibit 10.1


 





SECOND AMENDMENT TO 


CONSULTING AGREEMENT 


DATED AS OF JULY 2, 2012 BETWEEN





NTN BUZZTIME, INC. AND JABAM, INC.


 


 


The following amendment to the above-referenced Agreement between
NTN BUZZTIME, INC. and JABAM INC. are made and effective as of March 20, 2013.


 


		A.	Section 2.1 is amended to read, in its entirety, as follows:



 


The term of this Agreement shall commence on July
2, 2012 (the "Effective Date") and, unless earlier terminated in accordance with Section ‎7 shall expire on June
30, 2013.


 


	NTN BUZZTIME, INC.	JABAM, INC.
	 	 
	 	 
	By:
  /s/  Kendra Berger          	 By:  /s/ Jeffrey A. Berg          
	Authorized Signature	Authorized Signature
	 	 
	Kendra Berger          	Jeffrey A. Berg          
	Print Name	Print Name
	 	 
	CFO          	President          
	Title	Title
	 	 
	January 11, 2013          	January 11, 2013          
	Date	Date
**EXHIBIT
      32.1**








**CERTIFICATION
      OF CHIEF EXECUTIVE AND FINANCIAL OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








I,
      Anju
      Tandon, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
      TNT
      Designs, Inc.. on Form 10-QSB for the quarterly period ended December 31, 2006
      fully complies with the requirements of Section 13(a) or 15(d) of the Securities
      and Exchange Act of 1934 and that information contained in such Quarterly Report
      on Form 10-QSB for the period ended December 31, 2006 fairly presents in
      all material respects the financial condition and results of operations of
      TNT
      Designs, Inc.





Date:
      February 5, 2007




*/s/
                Anju Tandon*
              *Anju
                Tandon*
              *President,
                Chief Executive*
              *and
                Financial Officer*
**Exhibit 31.2****CERTIFICATION**I, John A. Butler, certify that: 1. I have reviewed this report on Form 10-Q of Clearwire Corporation;  2. Based on my knowledge, this quarterly report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;  4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining 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 disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 5. The registrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or persons performingthe equivalent function): a) all significant deficiencies and material weaknesses in the design or operationof internal controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal controls over financialreporting.        Date: May 15, 2007 /s/ JOHN A. BUTLER   John A. Butler   Chief Financial Officer
#### STATE ex rel. Raymond LEWIS v. STATE of Louisiana.

No. 2002-KH-2084.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Lewis, Raymond;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. E, No. 97-F0962; to the *1012Court of Appeal, Second Circuit, No(s). 36375-KH, 35965-KH.

Denied.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4822 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4822

To provide for the settlement of claims arising from the failure of the 
  Natural Resource Conservation Service (and former Soil Conservation 
      Service) to carry out the Houlka Creek Watershed Project in 
                              Mississippi.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2010

 Mr. Childers introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To provide for the settlement of claims arising from the failure of the 
  Natural Resource Conservation Service (and former Soil Conservation 
      Service) to carry out the Houlka Creek Watershed Project in 
                              Mississippi.

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

SECTION 1. NATURAL RESOURCE CONSERVATION SERVICE SETTLEMENT OF HOULKA 
              CREEK WATERSHED PROJECT CLAIMS.

    Notwithstanding any other provision of law, the Chief of the 
Natural Resources Conservation Service shall use discretionary funds 
available to the Natural Resources Conservation Service to provide 
funds for the settlement of claims associated with the Houlka Creek 
Watershed Project in Mississippi to close out this project.
                                 <all>
```