alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the accompanying Quarterly Report on Form 10-Q of Advantage Capital Development Corp. for the Quarter Ending September 30, 2005, I, Jeffrey Sternberg, Chief Executive Officer and Chief Financial Officer of Advantage Capital Development Corp. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

 

1. Such quarterly report of Form 10-Q for the period ending September 30, 2005, 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 such Quarterly Report on Form 10-Q for the period ended September 30, 2005, fairly represents in all material respects, the financial condition and results of operations of Advantage Capital Development Corp.

 
| Dated: | November 21, 2005 |
|--------|-------------------|

 

 

**ADVANTAGE CAPITAL DEVELOPMENT CORP.**

 

By:*/s/ Jeffrey Sternberg*

Chief Executive Officer

Chief Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES OKONKWO and CECILIA

OKONKWO

,

Petitioner s

- Appellants

,

v.

COMMISSIONER OF INTERNAL

REVENUE

,

Respondent

- Appellee

. No. 16

- 7 1020

Tax Ct. No. 23496

- 13

MEMORANDUM *

Appeal from a Decision of the

United States Tax Court

Submitted December 7 , 2017 * *

Pasadena, California

Before: REINHARDT and NGUYEN

, Circuit Judges, and BLOCK

, ** * District

Judge

.

Appellants Charles Okonkwo and Cecilia Okonkwo seek review of the Tax

Court’s finding that the Okonkwos were not entitled to certain claimed deductions

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

* * The panel unanimousl y concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

** * The Honorable Frederic Block

, United States Senior District Judge for

the Eastern District of New York , sitting by designation. 

# FILED

DEC 11 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

on their second house . Reviewing for clear error, see Christensen v. CIR , 786 F.2d

1382, 1383 (9th Cir. 1986) , we affirm.

The Okonkwos’ appeal rests on one contention: that the Tax Court erred in

finding that their daughter did not pay fair rent while residing in their second

house. Specifically, the Okonkwos argue that in addition to paying $2,000 per

month in cash, which is substantially below market value, their daughter also paid

rent in services. However, t he evidence in the record show s that the Okonkwos’

daughter provided minimal services, if any, to the Oko nkwos during her residence

in their second house. Because t he Tax Court’ s finding that the Okonkwos’

daughter did not pay fair rent is “plausible in light of the record viewed in its

entirety,” we must affirm. See Wolf v. CIR , 4 F.3d 709, 712

– 13 (9th Cir . 1993).

AFFIRMED

.
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Page 66286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21555]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2716; MB Docket No. 05-103, RM-11205]


Radio Broadcasting Services; Barnesboro and Gallitzen, PA

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Audio Division, at the request of Vernal Enterprises, 
Inc., licensee of Station WHPA(FM), Channel 228A, Barnesboro, 
Pennsylvania, deletes Channel 228A at Barnesboro, Pennsylvania, from 
the FM Table of Allotments, allots Channel 228A at Gallitzen, 
Pennsylvania, as the community's first local FM service, and modifies 
the license of Station WHPA(FM) to specify operation on Channel 228A at 
Gallitzen. Channel 228A can be allotted to Gallitzen, Pennsylvania, in 
compliance with the Commission's minimum distance separation 
requirements with a site restriction of 14.8km (9.0 miles) north of 
Gallitzen. The coordinates for Channel 228A at Gallitzen, Pennsylvania, 
are 40-36-31 North Latitude and 78-36-21 West Longitude.

DATES: Effective December 1, 2005.

FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 05-103, adopted October 12, 2005, and 
released October 17, 2005. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Information Center, Portals II, 445 12th Street, SW., Room CY-
A257, Washington, DC 20554. The complete text of this decision also may 
be purchased from the Commission's duplicating contractor, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (800) 378-3160, or via the company's Web site http://www.bcpiweb.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.


0
Part 73 of title 47 of the Code of Federal Regulations is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Pennsylvania is 
amended by removing Barnesboro, Channel 228A, and by adding Gallitzen, 
Channel 228A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-21555 Filed 11-1-05; 8:45 am]
BILLING CODE 6712-01-P
Electronically Filed Intermediate Court of Appeals CAAP-18-0000359 25-SEP-2018 11:05 AM
816 A.2d 844

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Allan J. CULVER, Jr.

Misc. AG No. 32,

Sept. Term, 2001.

Court of Appeals of Maryland.

Feb. 12, 2003.

ORDER

The Court having considered the petition of Allan J. Culver, Jr. to terminate the indefinite suspension imposed upon him and the response filed thereto by the Attorney Grievance Commission in the above captioned case, it is this 12th day of February, 2003,

ORDERED, by the Court of Appeals of Maryland, that the petition be, and it is hereby. GRANTED, and the petitioner Allan J. Culver, Jr. is reinstated to the practice of law in this State, and it is further

ORDERED, that the Clerk of the Court shall replace the name of Allan J. Culver, Jr. upon the register of attorneys entitled to practice law in this State and shall certify that fact to the Trustees of the Client Protection Fund and the Clerks of all judicial tribunals in this State.
### SCWC-16-0000045 IN THE SUPREME COURT OF THE STATE OF HAWAI # I

RICHARD W. BAKER, Petitioner/Appellant-Appellant,

vs. BRICKWOOD M. GALUTERIA, ABIGAIL L. GALUTERIA, and GLEN TAKAHASHI, City Clerk, City and County of Honolulu,

Respondents/Appellees-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-16-0000045; CASE NO. 15-1) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI ( B y : R e c k t e n w a l d , C . J . , N a k a y a m a , M c K e n n a , P o l l a c k , a n d W i l s o n , J J . )



### Petitioner/Appellant-Appellant Richard W. Baker’s application for writ of certiorari filed on March 19, 2018, is hereby rejected.

DATED: Honolulu, Hawai # i, May 16, 2018. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson Electronically Filed Supreme Court SCWC-16-0000045 16-MAY-2018 01:13 PM
EXHIBIT 32.1

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

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States
Code), each of the undersigned officers of Inter-Tel (Delaware), Incorporated (Company), does hereby certify, to such officers knowledge, that:

The Annual Report on Form 10-K/A for the fiscal year ended December 31, 2006 (Form 10-K) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 and information contained in the Form10-K/A fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |  |  |                                                                                
|-------------------- |  |  |  | -------------------------------------------------------------------------------
|                     |  |  |  | /s/ NORMAN STOUT                                                               
|Date: April 30, 2007 |  |  |  | Norman Stout Director and Chief Executive
Officer (Principal Executive Officer)
|                     |  | 
|                     |  |  |  | /s/ KURT R. KNEIP                                                              
|Date: April 30, 2007 |  |  |  | Kurt R. Kneip,                                                                 
|                     |  |  |  | Senior Vice President and Chief Financial Officer (Principal Financial Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from financial
statements for the three month period ended March 31, 1998 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                         252,640
<SECURITIES>                                   367,000
<RECEIVABLES>                                  112,400
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               365,040
<PP&E>                                         142,084
<DEPRECIATION>                                 126,102
<TOTAL-ASSETS>                               3,300,934
<CURRENT-LIABILITIES>                        1,321,106
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,457,583
<OTHER-SE>                                 (9,642,034)
<TOTAL-LIABILITY-AND-EQUITY>                 3,300,934
<SALES>                                        232,886
<TOTAL-REVENUES>                               232,886
<CGS>                                          136,653
<TOTAL-COSTS>                                  267,138
<OTHER-EXPENSES>                                   835
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,683
<INCOME-PRETAX>                              (170,905)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (170,905)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (171,740)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>
<PAGE>   1
 
PART IV
 
Item 14 -- Exhibit 11 -- Computation of Per Share Earnings
 
<TABLE>
<CAPTION>
                                                             1997          1996          1995
                                                          -----------   -----------   -----------
<S>                                                       <C>           <C>           <C>
BASIC:
  Net income............................................  $65,503,469   $64,006,073   $53,537,199
  Preferred dividend requirement........................   23,257,662    19,842,834    18,129,144
                                                          -----------   -----------   -----------
  Net income available for common.......................  $42,245,807   $44,163,239   $35,408,055
                                                          ===========   ===========   ===========
  Average common shares outstanding.....................   38,460,687    35,918,565    33,367,527
  Basic earnings per share..............................  $      1.10   $      1.23   $      1.06
                                                          ===========   ===========   ===========
DILUTED:
  Net income............................................  $65,503,469   $64,006,073   $53,537,199
  Preferred dividend requirement........................   22,779,499    18,944,799    18,129,144
                                                          -----------   -----------   -----------
  Net income available for common.......................  $42,723,970   $45,061,274   $35,408,055
                                                          ===========   ===========   ===========
  Dilutive convertible preferred shares.................      366,136       687,638             0
  Dilutive stock options................................      101,300        70,100        50,200
  Average common shares outstanding.....................   38,460,687    35,918,565    33,367,527
                                                          -----------   -----------   -----------
  Average diluted common shares outstanding.............   38,928,123    36,676,303    33,417,727
                                                          ===========   ===========   ===========
  Diluted earnings per share............................  $      1.10   $      1.23   $      1.06
                                                          ===========   ===========   ===========
</TABLE>
#### MANUEL PINHEIRO dba EL MIRADOR MOTEL, Appellant, v. YOUNG ELECTRIC SIGN CO., a Nevada Corporation, Respondent.

No. 7750

June 9, 1975

535 P.2d 800

*John G. Spann,*Las Vegas, for Appellant.

*Pat J. Fitzgibbons,*Las Vegas, for Respondent.

OPINION

*Per Curiam:*

Appellant’s briefs do not conform to NRAP 28(e), which contemplates that briefs shall refer to those places in the appendix or record where matter referred to may be found. Moreover, appellant has cited a paucity of relevant legal authority concerning the appeal’s merits.

For these and other reasons, having examined the briefs and the record, we order this appeal submitted on such briefs and, finding it without merit, hereby affirm. NRAP 34(f) (1).
#### KIMBLE EDWARD DUTTON, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 10013

August 25, 1978

583 P.2d 457

*568
      *Morgan D. Harris,*Public Defender, and *James B. Gubler,*Deputy Public Defender, Clark County, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *H. Leon Simon,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

Convicted, by jury verdict, of burglary (NRS 205.060), appellant here contends the evidence was insufficient to sustain his conviction. We disagree.

In reviewing the sufficiency of the evidence on appeal, the issue “is not whether this court is convinced of [appellant’s] guilt beyond a reasonable doubt, but whether the jury, acting reasonably, could be convinced to that certitude by evidence it had a right to accept.” Edwards v. State, 90 Nev. 255, 258-59, 524 P.2d 328, 331 (1974). Here, the record indicates that on the evening of November 5, 1976, Ms. Nelda Hunter called the police to report that someone had just broken a window and entered her house. A police officer arrived within four or five minutes and discovered two men standing next to a back window of the house. The men looked at the police officer and then fled over a fence located behind the house. The police officer pursued the men and found the appellant lying face down in some sagebrush about 20 feet from the fence. The record further indicates that appellant, while testifying in his own defense, admitted going to the Hunter residence, but stated he had gone there to purchase marijuana and never entered the house. In our view this evidence, although circumstantial, is sufficient to sustain the jury’s verdict and, accordingly, the *569judgment will not be disturbed. *See*Crawford v. State, 92 Nev. 456, 552 P.2d 1378 (1976); Edwards v. State, *supra.*
Order issued December14, 2012 

In The 

Tourt of Appratz 

JTifthi Diztrirt uf&'rxas at Dallas 

No. 05-11-01317-CR 

TOMMY COLEY, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

ORDER 

Before Justices Richter, Lang-Miers, and Myers 

We REINSTATE this appeal. We VACATE our order of December 7, 2012 ordering the 

trial court to determine whether appellant's amended motion for new trial was filed before or after 

the court overruled appellant's original motion for new trial. 

In his fourth issue on appeal, appellant contends the trial court should have held a hearing 

on his amended motion for new trial, styled "Second Motion for New Trial and Motion in Arrest of 

Judgment," filed on October 21, 2011. We agree. In this situation, the appropriate remedy is to 

abate the appeal and order the trial court to conduct a hearing on the amended motion for new trial. 

Hobbs v. State, 298 S.W.3d 193, 203 (Tex. Crim. App. 2009). Accordingly, we REMAND the case 

to the trial court and ORDER the trial court to conduct a hearing on appellant's amended motion 

for new trial. See Hobbs, 298 S.W.3d at 200-203 (Tex. Crim. App. 2009); see also Clarke v. State, 
LANA MYERS 

PRESIDIN'G JUSTICE 

270 S.W.3d 573, 580-81 (Tex. Crim. App. 2008); State v. Moore, 225 S.W.3d 556, 568-570 (Tex. 

Crim. App. 2007). We further ORDER the trial court to transmit a supplemental reporter's record 

from the hearing and a supplemental clerk's record containing the order ruling on the amended 

motion for new trial to this Court within THIRTY (30) days of the date of this order. 

This appeal is ABATED to allow the trial court to comply with the above orders. The appeal 

• shall be reinstated thirty (30) days from the date of this order or when the supplemental records are 

received, whichever is earlier.
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
This schedule  contains summary financial  information  extracted from financial
statements  for the nine month period ended  September 30, 1999 and is qualified
in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1999
<CASH>                                           5,641
<SECURITIES>                                   725,642
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                37,379
<PP&E>                                         184,595
<DEPRECIATION>                                   1,188
<TOTAL-ASSETS>                               1,046,742
<CURRENT-LIABILITIES>                          142,949
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        91,358
<OTHER-SE>                                     727,700
<TOTAL-LIABILITY-AND-EQUITY>                 1,046,751
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   40,265
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (40,265)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (40,265)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (40,265)
<EPS-BASIC>                                     (0.005)
<EPS-DILUTED>                                   (0.005)



</TABLE>
The State of TexasAppellee

Fourth Court of Appeals

San Antonio, Texas

October 1, 2015

No. 04-15-00493-CR and 04-15-00494-CR

La Quint SULLIVAN,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2015CR7177 and 2015CR2233

Honorable Steve Hilbig, Judge Presiding

ORDER

The court has examined the record in related Appeal Nos. 04-15-00493-CR and 04-15-

00494-CR and finds that, in the interest of efficient administration, the two cases should be 

consolidated for purposes of appeal. Accordingly, it is ORDERED that Appeal Nos. 04-15-

00493-CR and 04-15-00494-CR are CONSOLIDATED. The parties shall file motions, briefs 

and any other pleadings as if the two causes were one case, but with both cause numbers 

designated on the cover. The court may dispose of both causes with the same order, opinion and 

mandate.

_________________________________

Rebeca C. Martinez, Justice

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

court on this 1st day of October, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21797]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Siskiyou County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Siskiyou County Resource Advisory Committee will meet in 
Yreka, California, November 14, 2005. The meeting will include routine 
business and the review and recommendation for implementation of 
submitted project proposals.

DATES: The meeting will be held November 14, 2005, from 4 p.m. until 7 
p.m.

ADDRESSES: The meeting will be held at the Yreka High School Library, 
Preece Way, Yreka, California.

FOR FURTHER INFORMATION CONTACT: Bob Talley, RAC Coordinator, Klamath 
National Forest, (530) 841-4423 or electronically at <a href="/cdn-cgi/l/email-protection#95e7e1f4f9f9f0ecd5f3e6bbf3f0f1bbe0e6"><span class="__cf_email__" data-cfemail="760402171a1a130f36100558101312580305">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Public 
comment opportunity will be provided and individuals will have the 
opportunity to address the Committee at that time.

    Dated: October 27, 2005.
Margaret J. Boland,
Designated Federal Official.
[FR Doc. 05-21797 Filed 11-1-05; 8:45 am]
BILLING CODE 3410-11-M


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