alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(May 28, 1898.)

#### CHRISTENSEN v. HOLLINGSWORTH et ux.

[53 Pac. 271.]

On petition for rehearing.

Denied.

For former opinion, see ante, p. 87, 53 Pac. 211.

Per CURIAM.

— The petition for a rehearing in this case is based upon the claim that the court in its decision overlooked the contention of appellant that the certificate of acknowledgment of the mortgage was false; that no acknowledgment of said instrument was ever made by the defendant Mary E. Hollings-worth. Perhaps the conclusion of the court is not sufficiently clear in the decision filed, in that it is confined to the form of the certificate, and does not expressly pass upon the contention of appellant that no acknowledgment was ever made by the defendant Mary E. Hollingsworth. The record shows the following facts, which are practically undisputed: The mortgage was drawn by the attorney of the respondent in the presence of the defendant, A. P. Hollingsworth, and one J. I. Mitcham, the justice of the peace who certified that he took the acknowledgment of both defendants to the mortgage, and said mortgage was delivered by said attorney to either Hollingsworth or Mit-cham (it does not clearly appear which), to be taken to Kendrick, and there to be executed and acknowledged and returned to said attorney. The mortgage was returned to the said attor-*95nejq purporting to have been duly executed and acknowledged before the said J. I. Mitcham, justice of the peace, and the son in law of the defendant mortgagors. In the light of this record, the reiterated cry of fraud by counsel for the petitioner is not resonant of fairness, to put it very mildly.

Counsel contends that there is no conflict of evidence upon the question of taking the acknowledgment of Mary E. Hollings-worth. This contention, or rather assertion, is not correct. There is the certificate of the officer taking the acknowledgment, the verity of which, can only be overcome by evidence which establishes its falsity to the satisfaction of the court beyond a reasonable doubt. Doubtless, the district court did not consider the evidence of such officer’s wife and mother in law sufficient to warrant it in coming to a conclusion which would subject a man of Mr. Mitcham’s standing and reputation to the penalties of section 6530 of the Kevised Statutes of Idaho, as well as make him responsible in damages to the mortgagee. And we fully concur with the district court therein. Counsel, in his petition for a rehearing, devotes considerable space to what we conceive to be an uncalled for and unwarranted attack upon the counsel for respondent. This practice by counsel of making papers in an *ex parte*proceeding, or in any proceeding, for that matter, a medium of personal attack, or the airing of personal grievances, either real or imaginary, is decidedly reprehensible, and will not be tolerated by this court. Eehearing denied.
EXHIBIT 31.1





Certification of CEO and CFO Pursuant to


Securities Exchange Act Rules 13a-14 and 15d-14


as Adopted Pursuant to Section 302 of the


Sarbanes-Oxley Act of 2002





I, Charles Adelman, certify that:





1.   I have reviewed this quarterly report on Form 10-Q of Adelman Enterprises, Inc.;





2.   Based on my knowledge, this quarterly 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 quarterly report;





3.   Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;





4.   I am 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 my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities,  particularly during the period in which this quarterly 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 that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and





5.   I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of 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  controls 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 controls over financial reporting.





November 21, 2011
By:Charles AdelmanPresident and Chief Executive Officer
II

106TH CONGRESS

1ST SESSION S. 1665

To direct the Secretary of the Interior to release reversionary interests held

by the United States in certain parcels of land in Washington County,

Utah, to facilitate an anticipated land exchange.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 29, 1999

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of the Interior to release reversionary

interests held by the United States in certain parcels

of land in Washington County, Utah, to facilitate an

anticipated land exchange.

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

3 SECTION 1. RELEASE OF REVERSIONARY INTERESTS IN

4 CERTAIN PROPERTY IN WASHINGTON COUN5 TY, UTAH.

6 (a) RELEASE REQUIRED.—The Secretary of the Inte7 rior shall release, without consideration, the reversionary

8 interests of the United States in certain real property lo-
2

•S 1665 IS

1 cated in Washington County, Utah, and depicted on the

2 map entitled ‘‘Exchange Parcels, Gardner & State of Utah

3 Property’’, dated April 21, 1999, to facilitate a land ex4 change to be conducted by the State of Utah involving the

5 property.

6 (b) INSTRUMENT OF RELEASE.—The Secretary shall

7 execute and file in the appropriate office or offices a deed

8 of release, amended deed, or other appropriate instrument

9 effectuating the release of the reversionary interests re10 quired by this section.

Æ
<PAGE>

                                                                      EXHIBIT 12

                                Ryder TRS, Inc.
                       STATEMENT OF COMPUTATION OF RATIOS
                         (IN THOUSANDS, EXCEPT RATIOS)
                                  (UNAUDITED)



<TABLE>
<CAPTION>
                                                           September 5,
                                                          1996 (DATE OF
                                                          INCEPTION) TO              YEAR ENDED
                                                           DECEMBER 31,             DECEMBER 31,
                                                               1996                     1997
                                                      --------------------     --------------------

Earnings from continuing
operations before provision for
<S>                                                     <C>                      <C>
income taxes                                                        $  405                 $(23,016)

Add:

     Interest Expense (a)                                            9,159                   39,178

     Portion of rents representative
        of the interest factor  (b)                                    196                    1,167
                                                      --------------------     --------------------
Income as adjusted                                                  $9,760                 $ 17,329
                                                      ====================     ====================

Fixed charges:

     Interest expense (a)                                           $9,159                 $ 39,178

     Portion of rents representative
        of the interest factor  (b)                                    196                    1,167
                                                      --------------------     --------------------
Fixed charges:                                                      $9,355                 $ 40,345
                                                      ====================     ====================

Ratio of earnings to fixed charges                                    1.04                 (c)
</TABLE>


(a) Includes amortization of deferred financing costs.

(b) Represents one-third of rent expense which management believes represents a
     reasonable approximation of the interest component of rent expense.

(c) Earnings were insufficient to cover fixed charges by $23,016 for the year
    ended December 31, 1997.
BACKGROUND INFORMATION

NEW EVIDENCE

EXHIBIT A

INDEX
Page

Appendix A-1 Residual Radioactive Contamination —
Summary of All Sites (As of October 31, 2008)
Revised Period of Potential Residual Contamination

With Attachments

EXHIBIT B

20 - 31

Affidavit of Mr. L. Q. Black, International
Representative of Oil, Chemical and Atomic Workers

International Union
With Attachments

EXHIBIT C

32 - 36

Affidavits of four former employees of Mathieson

Chemical Company -

EXHIBIT D
Employment History

EXHIBIT E
Medical Information
With Attachments

EXHIBIT F
Mistaken Identity
With Attachments

EXHIBIT G
Site Location
With Attachments

EXHIBIT H

37-39

40 - 46

47-94

95 - 122

123 - 134

Dose Reconstruction and Probability of Causation


EXHIBIT I 135 - 148
Preliminary Survey of Olin Mathieson Chemical

Corporation, Pasadena, Texas

Survey made by ORNL November 18, 1977

Documentation of Survey Dated March 1980

With Attachments

EXHIBIT J 149-177
Formerly Utilized Sites Remedial Action Program

Elimination Report for Mobil Mining and Minerals

Company (The Former Mathieson Chemical Company)

Pasadena, Texas

With Attachments

EXHIBIT K 178 - 179
Federal Register / Vol. 67 No. 85, May 2, 2002 / Rules

And Regulations — Page 22300-II. Summary of Public

Comments — B Compensability

With Attachment

EXHIBIT L 180 - 182
Federal Register / Vol. 69, No. 104 / Friday, May 28,

2004 / Rules and Regulations — Page 30764 — D.

Statutory Requirements for Designating Classes of

Employees as Members of the Cohort

With Attachment

CONCLUSION 183 - 186
EXHIBIT
31.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER




I, Brent
Kopenhaver, certify that:




1.           I
have reviewed this Quarterly Report on Form 10-Q of Pure Earth,
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;




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 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)) [Intentionally Omitted]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)           [Intentionally
Omitted];




(c)           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




(d)           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 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 16, 2009
              /s/ Brent KopenhaverBrent
      KopenhaverChairman, Executive Vice
      President, Chief
                Financial Officer and
      Treasurer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-2387

FREDA G. BOLLING,

Plaintiff – Appellant,

v.

VIRGINIA DEPARTMENT OF HEALTH,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Robert E. Payne, Senior

District Judge. (3:12-cv-00593-REP-DJN)

Submitted: April 29, 2014 Decided: May 2, 2014

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Freda G. Bolling, Appellant Pro Se. Gregory Clayton Fleming, 

Senior Assistant Attorney General, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Freda G. Bolling appeals the district court’s order 

accepting the recommendation of the magistrate judge and 

granting summary judgment to Defendant in this employment 

discrimination action. We have reviewed the record and find no 

reversible error. Accordingly, we grant leave to proceed in 

forma pauperis and affirm for the reasons stated by the district 

court. Bolling v. Virginia Dep’t of Health, No. 3:12-cv-00593-

REP-DJN (E.D. Va. Oct. 17, 2013). We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
Exhibit 32.2  Certification Pursuant to 18 U.S.C. Section 1350,
as Adopted Pursuant to  Section 906 of Sarbanes-Oxley Act of 2002  I,
Joel Boyarski, the Principal Financial Officer of WorldGate Communications, Inc.,
hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that the Form 10-K of WorldGate Communications, Inc., for the annual
period ended December 31, 2007, which this certification accompanies,
fully complies with requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and information
contained in the December 31, 2007 Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of
WorldGate Communications, Inc.  A
signed original of this written statement required by Section 906 has been
provided to WorldGate and will be retained by WorldGate and furnished to the
Securities and Exchange Commission or its staff upon request.  Dated:April 16, 2008
  
  /s/
  JOEL BOYARSKIJoel BoyarskiChief
  Financial Officer(Principal
  Financial and AccountingOfficer)
<PAGE>

                                                                    EXHIBIT 32.2

                         CERTIFICATION OF ANNUAL REPORT

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, the undersigned officer of Renaissance Learning, Inc. (the
"Company"), hereby certifies that, to THE undersigned's knowledge:

      (1)   the Company's Annual Report on Form 10-K for the year ended December
            31, 2005 (the "Report") fully complies with the requirements of
            Section 13(a) or 15(d), as applicable, 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: February 22, 2005

                      /s/ Mary T. Minch
                      ---------------------------------------------------------
                      Name: Mary T. Minch
                      Title: Vice President-Finance, Chief Financial Officer and
                      Secretary

THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY
FOR PURPOSES OF THE SECURITES EXCHANGE ACT OF 1934.
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 Quarterly Report of First Savings Financial Group, Inc. and
Subsidiaries (the Company) on Form 10-Q for the period ended March 31, 2009, as filed with the Securities and Exchange Commission (the Report), I, Larry W. Myers, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(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 result of operations of the Company as of and for the period covered by the Report.



|      |  |              |  |  |  |     |  |                                      
|----- |  | ------------ |  |  |  | --- |  | -------------------------------------
|DATE: |  | May 13, 2009 |  |  |  | BY: |  | /s/ Larry W. Myers                   
|      |  |              |  |  |  |     |  | Larry W. Myers                       
|      |  |              |  |  |  |     |  | President and Chief Executive Officer
Exhibit 32.1  Certification Pursuant to 18 U.S.C. Section 1350,
as Adopted Pursuant to  Section 906 of Sarbanes-Oxley Act of 2002  I,
Hal M. Krisbergh, the Principal Executive Officer of WorldGate Communications, Inc.,
hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that the Form 10-K of WorldGate Communications, Inc., for the annual
period ended December 31, 2007, which this certification accompanies,
fully complies with requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and information
contained in the December 31, 2007 Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of
WorldGate Communications, Inc.  A
signed original of this written statement required by Section 906 has been
provided to WorldGate and will be retained by WorldGate and furnished to the
Securities and Exchange Commission or its staff upon request.  DatedApril 16, 2008
  
  /s/
  HAL M. KRISBERGHHal
  M. KrisberghChief
  Executive Officer(Principal
  Executive Officer)
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 Quarterly Report of Xun Energy Inc.  (the "Company") on Form 10-Q for the period ended November 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.



3.

A signed original 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.





Date:   March 26, 2012



By: /s/ Jerry G. Mikolajczyk

Jerry G. Mikolajczyk,

Chief Executive Officer

(principal executive officer)
|   | (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934;and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------|

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

| Date:       May      20, 2010 | By:    | /s/ Brent Kopenhaver                      |
|------------------------------------------------------------------|--------|-------------------------------------------|
|                                                             |   | Brent      Kopenhaver                     |
|                                                             |   | Chairman,      Executive Vice President,  |
|                                                             |   | Chief      Financial Officer andTreasurer |

----