alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(May 28, 1924.)

#### PAUL BISTLINE and RALPH BISTLINE, Respondents, v. HENRY HARTWIGSEN, Appellant.

[226 Pac. 745.]

Pleading — Denial of Conclusion Raises No Material Issue.

Denial of indebtedness alleged in the complaint raises no material issue when the faets establishing the indebtedness are admitted.

APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge.

Action on contract. 'Judgment for plaintiffs.

*Affirmed.*

Anderson & Jeffery, for Appellant.

Swanson & Tydeman, for Respondents.

Counsel cite no authorities on point decided.

DUNN, J.

This action was brought by plaintiffs to recover a year’s rent which they claimed to be due from defendant under the terms of a lease of a tract of land estimated by the parties to the lease to be 90 acres. A copy of the lease was. set out in the complaint, showing the annual rent to be $135. The complaint also alleged that defendant had occupied the land for the full term of three years and had paid for two years in the sum of $270.

The answer of defendant admitted the making of the lease and the other allegations of the -complaint set out above, but denied that the defendant owed the last year’s rent.

There was also- an -attempt by defendant to set up two affirmative defenses, but neither was so pleaded as to raise an issue.

At the close of defendant’s case ,the jury, by direction of the court, returned a verdict for plaintiffs and the court *209thereupon entered judgment for plaintiffs, from which defendant appeals.

Appellant assigns as error the refusal of the court to grant a nonsuit, the refusal of the court to allow evidence as to the actual number of acres in cultivation and the directing of a.verdict in favor of the respondents.

These assignments are wholly without merit. The admissions of the answer left no material. issue to be tried, and the court might properly have sustained the motion for judgment on the pleadings. The denial of appellant that he owed the debt sued for raised no material issue when he admitted the facts pleaded that established his indebtedness. *(Swanholm v. Reeser,*3 Ida. 476, 478, 31 Pac. 804; Bliss on Code Pleading, secs. 212, 334; *Curtis v. Richards,*9 Cal. 33; *Wells v. McPike,*21 Cal. 215.)

The judgment is affirmed, with costs to respondents.

McCarthy, C. J., and William A. Lee and Wm. E. Lee, JJ., concur.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

GABE DRAPEL,

 Defendant - Appellant.

No. 09-10391

D.C. No. 2:07-cr-00007-KJD-RJJ1

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Kent J. Dawson, District Judge, Presiding

Argued and Submitted September 10, 2010 

San Francisco, California

Before: B. FLETCHER, TALLMAN and RAWLINSON, Circuit Judges.

Appellant-Defendant Gabe Drapel (Drapel) challenges the district court’s

decision denying his motion to suppress. Drapel specifically contends that the

district court clearly erred in its factual finding that the police did not illegally

search his rented storage space prior to obtaining a warrant, and that the district

FILED

MAR 04 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

court failed to conduct a de novo review of the magistrate judge’s report and

recommendation.

Under the clearly erroneous standard, an appellate court “must reverse if the

district court’s determination is illogical or implausible or lacks support in

inferences that may be drawn from the facts in the record.” United States v.

Hinkson, 585 F.3d 1247, 1261 (9th Cir. 2009) (en banc) (citations, emphasis and

internal quotation marks omitted). At the hearing on the motion to suppress, the

detectives gave conflicting testimony regarding the time Drapel was encountered

immediately preceding his arrest. The district court adopted the timeline that

foreclosed Drapel’s contention that the police searched his unit prior to obtaining a

warrant. The district court’s choice between two permissible views of the evidence

cannot be clearly erroneous. See United States v. Garcia, 135 F.3d 667, 671 (9th

Cir. 1998).

Pursuant to 28 U.S.C. § 636, a district court is required to review a

Magistrate Judge’s Report and Recommendations de novo. See 28 U.S.C. §

636(b)(1)(C). In this case, the district court indicated that it “ha[d] conducted a de

novo review of the record” and found “that the Report and Recommendation of the

United States Magistrate Judge entered May 18, 2007, should be adopted and

affirmed.” This statement is sufficient to “satisf[y] the de novo review standard of
3

28 U.S.C. § 636.” N. Am. Watch Corp. v. Princess Ermine Jewels, 786 F.2d 1447,

1450 (9th Cir. 1986).

AFFIRMED.
**Exhibit 23.1**

***INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM’SCONSENT***

We consent to the incorporation by reference in theRegistration Statements of WorldGate Communications, Inc. (the “Company”)on Form S-8, File Nos: 333-78943, 333-49612, 333-58346and 333-62810, of our report dated March 7, 2007, which includes anexplanatory paragraph as to the Company’s ability to continue as a goingconcern, with respect to our audit of the consolidated financial statements andrelated consolidated financial statement schedule of WorldGate Communications, Inc.as of December 31, 2006 and 2005 and for the years ended December 31,2006 and 2005 and our report dated March 7, 2007 with respect to our auditof management’s assessment of the effectiveness of internal control overfinancial reporting and the effectiveness of internal control over financialreporting of WorldGate Communications, Inc. as of December 31, 2006,which reports are included in this Annual Report on Form 10-K ofWorldGate Communications, Inc. for the year ended December 31, 2006.

Our report on the effectiveness of internal controlover financial reporting expressed an adverse opinion because of the existenceof a material weakness.

/s/ MARCUM &KLIEGMAN LLP

Marcum & Kliegman LLPMelville, New YorkMarch 14 , 2007

----
EXHIBIT 32.2




SECTION  906  CERTIFICATION:



CERTIFICATION  PURSUANT  TO 18  U.S.C.  SECTION  1350
ADOPTED  PURSUANT  TO SECTION  906  OF  THE  SARBANES-OXLEY  ACT  OF  2002



Certification  of  Principal  Financial  Officer

In  connection  with  the  Annual  Report  of Sentry Technology Corporation (the
"Company")  on  Form 10-KSB for the fiscal year ended December 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report"), I,
Joan E. Miller, Principal Financial Officer of the Company, certify, pursuant to
Section 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) and
        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/  JOAN  E.  MILLER
                          -------------------------------------------------
                              Joan  E.  Miller
                              Vice  President  and  Principal  Financial Officer

                              April  11,  2008


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 to the Company and will be
retained  by the Company and furnished to the Securities and Exchange Commission
or  its  staff  upon  request.

This  certification  accompanies  this Report on Form 10-KSB pursuant to Section
906  of  the  Sarbanes-Oxley  Act  of  2002  and shall not, except to the extent
required  by such Act, be deemed filed by the Company for purposes of Section 18
of  the Securities Exchange Act of 1934, as amended  (the "Exchange Act").  Such
certification will not be deemed to be incorporated by reference into any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except to the
extent  that  the  Company  specifically  incorporates  it  by  reference.
Exhibit
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of
Bluefly, Inc. (the “Company”) on Form 10-K for the year ending December 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Melissa Payner-Gregor, 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:





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/ Melissa
Payner-GregorMelissa
      Payner-GregorChief
      Executive OfficerMarch
      5, 2009
EXHIBIT 32.1

                            SECTION 906 CERTIFICATION









<PAGE>



                                  Exhibit 32.1

                     CERTIFICATION OF DISCLOSURE 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 Gulfstar  Energy  Corporation  (the
"Company")  on Form 10-Q for the period  ending March 31, 2010 as filed with the
Securities  and Exchange  Commission on the date hereof (the "Report") I, Steven
Warner,  Chief  Financial  Officer  and  Principal  Accounting  Officer,  of the
Company,  certify,  pursuant  to 18 USC  section  1350,  as adopted  pursuant to
section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my knowledge
and belief:

         (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.


Dated: May 17, 2010


Name: Stephen Warner

/s/Stephen Warner
------------------------------------------------------------------------
Position: (Chief Financial Officer/Principal
Accounting Officer)


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
### **EXHIBIT 13 
Sharpe Resources Corporation 
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
I, Roland M. Larsen, Chief Executive Officer of Sharpe Resources Corporation("the Company"), certify that:- the annual report on Form 20F of the Company for the fiscal year ending December 31,    2010 as filed with the Securities and Exchange Commission on the date hereof (the    "report") fully complies with the requirements of Section 13(a) or 15(d) of the    Securities and Exchange Act of 1934; and 
- the information contained in the Report fairly presents, in all material respects, the    financial condition and results of operations of the Company. 

/s/ Roland M. Larsen Roland M. Larsen Chief Executive Officer June 29, 2011 

**Sharpe Resources Corporation Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
I, Kimberly L. Koerner, Director of Sharpe Resources Corporation ("theCompany"), certify that:- the annual report on Form 20F of the Company for the fiscal year ending December 31,    2010 as filed with the Securities and Exchange Commission on the date hereof (the    "report") fully complies with the requirements of Section 13(a) or 15(d) of the    Securities and Exchange Act of 1934; and 
- the information contained in the Report fairly presents, in all material respects, the    financial condition and results of operations of the Company. 

/s/ Kimberly L. Koerner Kimberly L. Koerner Director June 29, 2011

**Sharpe Resources Corporation Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
I, Troy Koerner, Director of Sharpe Resources Corporation ("theCompany"), certify that:- the annual report on Form 20F of the Company for the fiscal year ending December 31,    2010 as filed with the Securities and Exchange Commission on the date hereof (the    "report") fully complies with the requirements of Section 13(a) or 15(d) of the    Securities and Exchange Act of 1934; and 
- the information contained in the Report fairly presents, in all material respects, the    financial condition and results of operations of the Company. 

/s/ Troy Koerner Troy Koerner Director June 29, 2011******
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - 18 CFR Parts 1b and 157
          - [Docket No. RM10-21-000; Order No. 734]

# AGENCY:

Federal Energy Regulatory Commission.

# ACTION:

Final Rule: correction.

# SUMMARY:

                        The Federal Energy Regulatory Commission is correcting a final rule that appeared in the                         **Federal Register**                         of April 26, 2010, 75 FR 21503.                    

The document transferred certain enforcement hotline matters to the Commission's Dispute Resolution Service. This document corrects various Part references on the first page of the rule and in the amendatory language.

# DATES:

Effective May 1, 2010.

# FOR FURTHER INFORMATION CONTACT:

Stuart Fischer, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8517.

Nils Nichols, Office of Administrative Litigation/Dispute Resolution Service, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8638.

# SUPPLEMENTARY INFORMATION:

In FR Document 2010-9125, published April 26, 2010 (75 FR 21403), make the following corrections:

1. On page 21503, column 2, the part heading is corrected to read: “18 CFR Parts 1b and 157”.

2. On page 21505, column 2, the words of issuance are corrected to read as follows:

“In consideration of the foregoing, the Commission amends parts 1b and 157, Chapter 1, Title 18, Code of Federal Regulations, to read as follows:”

3. On page 21505, column 3, amendatory instruction 1 is corrected to read as follows:

“1. The authority citation for part 157 continues to read as follows:”

 Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2010-10453 Filed 5-4-10; 8:45 am]

BILLING CODE 6717-01-P
EXHIBIT 32.1



PURSUANT TO 18 U.S.C. SECTION 1350
(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



In connection with the Quarterly Report of Dolat Ventures, Inc. (the Company) on Form 10-Q for the period ended May 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Nigar Lila, Principal Executive Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

1.

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

2.

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

|                                                                        
|------------------------------------------------------------------------
|By: /s/ Nigar Lila                                                      
|Nigar Lila
  Principal Executive Officer and Principal Financial Officer
|Date: September  14, 2009
| (1) | the Quarterly Report on Form 10-Q of Amico Games Corp. for the period ended February 28, 2011 (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 Amico Games Corp. |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  April 14, 2011 |                                                                                                                     |
|----------------------------------|--------------------------------------------------------------------------------------------------------------------------|
|                             | /s/ Wing Kuen Ha                                                                                                         |   |   |
|                             | Wing Kuen Ha                                                                                                             |
|                             | Chief Financial Officer, Secretary, Treasurer and Director(Principal Financial Officer and Principal Accounting Officer) |
|                             | AMICO GAMES CORP.                                                                                                        |
II

106TH CONGRESS

1ST SESSION S. 1533

To amend the Federal Food, Drug, and Cosmetic Act to require warning

labels on certain wine.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. KERREY (for himself and Mr. ROBERTS) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to

require warning labels on certain wine.

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

3 SECTION 1. LABELING.

4 Section 403 of the Federal Food, Drug, and Cosmetic

5 Act (21 U.S.C. 343) is amended by adding at the end the

6 following:

7 ‘‘(t) If it is wine imported from France, unless the

8 label for the wine contains the following statement:
2

•S 1533 IS

1 ‘GOVERNMENT WARNING: Dried animal blood is

2 occasionally used as a clarifying agent in French wines.’ ’’.

Æ
**Exhibit 32.2**

 

CERTIFICATION 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, H. Robert Newman, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Annual Report of NeoMagic Corporation on Form 10-K for the fiscal year ended January 28, 2007 fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 and that information contained in such report fairly presents in all material respects the financial condition and results of operations of NeoMagic Corporation. This written statement is being furnished to theSecurities and Exchange Commission as an exhibit to such Form 10-K. A signed original of this statement has been provided to NeoMagic and will be retained by NeoMagic and furnished to the Securities and Exchange Commission or its staff upon request.

 

Date: April 30, 2007 

 

By: /s/ H. RobertNewman            

Name: H. Robert Newman 

Title: Acting Chief Financial Officer
**Exhibit 31.1**




CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER


AND
      ACTING CHIEF FINANCIAL OFFICER


PURSUANT
      TO SECTION 302(a) OF


THE
      SARBANES-OXLEY ACT OF 2002





I,
      Colin
      Halpern, certify that:




1.  I
      have
      reviewed this report on Form 10-QSB of Universal Services Group,
      Inc.;




2.  Based
      on
      my knowledge, this report does not contain any untrue statement of a material
      fact or omit to state a material fact necessary to make the statements made,
      in
      light of the circumstances under which such statements were made, not misleading
      with respect to the period covered by this report; and




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 small business issuer as of, and
      for, the periods presented in this report.




DATE:
        August 15, 2007


/s/ COLIN
              HALPERNColin
                HalpernChief
                Executive Officer and Acting Chief Financial Officer