alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S67025-14

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

*Former Justice specially assigned to the Superior Court.

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

Appellee :

:

v. :

:

TIMOTHY CUNNINGHAM, :

:

Appellant : No. 566 WDA 2014

Appeal from the Judgment of Sentence March 17, 2014,

Court of Common Pleas, Erie County,

Criminal Division at No. CP-25-CR-0002290-2013

BEFORE: DONOHUE, MUNDY and FITZGERALD*, JJ.

CONCURRING MEMORANDUM BY DONOHUE, J.:FILED FEBRUARY 20, 2015

I agree with the result reached by the Majority. I write separately, 

however, because in reaching its decision, the Majority only determined that 

the issue raised by counsel in her Anders brief was wholly frivolous. See

Maj. at 5, 10. Pursuant to Anders v. California, 386 U.S. 738 (1967), 

when faced with an adequate Anders brief, it is the duty of this Court to 

conduct an independent review of the record to determine whether there are 

any non-frivolous issues that counsel failed to raise on his or her client’s 

behalf. See Anders, 386 U.S. at 744 (stating that the court must conduct 

an independent review of the record to determine “whether the case is 

wholly frivolous”). Relevant Pennsylvania case law, including this Court’s en 

banc decision in Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 

2007) (en banc), states that Anders requires that this Court conduct an 
J-S67025-14

- 2 -

independent review of the record to discern if there are any additional, nonfrivolous issues that counsel omitted. See, e.g., Goodwin, 928 A.2d at 

292-93; see also Commonwealth v. James, 46 A.3d 776, 778 (Pa. Super. 

2012) (en banc) (stating the history of the case, which included an 

unpublished memorandum decision by a three-judge panel of this Court 

wherein we denied counsel’s request to withdraw pursuant to Anders, as 

the panel found an issue of arguable merit and remanded the case for the 

filing of an advocates brief); Commonwealth v. Harden, 103 A.3d 107, 

111 (Pa. Super. 2014) (“We now must conduct an independent review of the 

record to determine whether the issues identified by Harden in this appeal 

are, as counsel claims, wholly frivolous, or if there are any other meritorious 

issues present in this case.”).1

I have conducted an independent review of the record and found no 

non-frivolous issues that Anders counsel failed to raise in her brief. I 

therefore agree with the Majority that we must affirm the judgment of 

sentence and grant counsel permission to withdraw.

Justice Fitzgerald joins this concurring memorandum.

 

1

I note that the Majority cites Harden for the requirements that a proper 

Anders brief must contain, Maj. Mem. at 4, but ignores its holding that we 

must review the record to determine if there are any potentially meritorious 

issues.
II

106TH CONGRESS

1ST SESSION S. 1970

To amend chapter 171 of title 28, United States Code, with respect to

the liability of the United States for claims of military personnel for

damages for certain injuries.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18, 1999

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

to the Committee on the Judiciary

A BILL

To amend chapter 171 of title 28, United States Code,

with respect to the liability of the United States for

claims of military personnel for damages for certain injuries.

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

3 SECTION 1. LIABILITY OF UNITED STATES FOR CLAIMS OF

4 MILITARY PERSONNEL FOR DAMAGES FOR

5 CERTAIN INJURIES.

6 (a) IN GENERAL.—Chapter 171 of title 28, United

7 States Code (commonly referred to as the ‘‘Federal Tort
2

•S 1970 IS

1 Claims Act’’), is amended by inserting after section 2679

2 the following:

3 ‘‘§ 2679A. Applicability to claims of military personnel

4 for damages for certain injuries

5 ‘‘Except as provided in section 2680 of this title, this

6 chapter and section 1346(b) of this title shall apply to any

7 claim resulting from—

8 ‘‘(1) an injury sustained by a member of the

9 military or naval forces of the United States while

10 serving on active duty (as defined in section 101 of

11 title 10), arising or resulting from, or aggravated by,

12 a negligent or wrongful act or omission of another

13 member of the military or naval forces of the United

14 States or the Federal Government; or

15 ‘‘(2) the death of a member of the military or

16 naval forces of the United States resulting from an

17 injury described in paragraph (1).’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The table of sections for chapter 171 of title 28, United

20 States Code, is amended by inserting after the item relat21 ing to section 2679 the following:

‘‘2679A. Applicability to claims of military personnel for damages for certain injuries.’’.

Æ
EXHIBIT 32

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 report of Beverly National Corporation (the Company) on Form 10-Q for the three and six months ended June 30, 2007, as filed with the Securities and Exchange Commission on the
date hereof (the Report), we, Donat A. Fournier, Chief Executive Officer of the Company, and Michael O. Gilles, Chief Financial 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.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                |  |                        
|--------------- |  | -----------------------
|By:             |  | /s/ Donat A. Fournier  
|                |  | Donat A. Fournier      
|                |  | Chief Executive Officer
|               
|August 13, 2007
|                | 
|By:             |  | /s/ Michael O. Gilles  
|                |  | Michael O. Gilles      
|                |  | Chief Financial Officer
|               
|August 13, 2007

The foregoing certificate is furnished solely for purposes of complying with Section 906 of the
Sarbanes-Oxley Act of 2002 and for no other purpose whatsoever. Notwithstanding anything to the contrary set forth herein or in any of the Companys previous filings under the Securities Act of 1933, as amended, or the Securities Exchange Act
of 1934, as amended, that might incorporate the Companys future filings, including this Report on Form 10-Q, in whole or in part, this Certificate shall not be incorporated by reference into any such filings.
**SETTLEMENT      AGREEMENT**

**SETTLEMENT      AGREEMENT **
**Technology      Research Corporation ("TRC"), **
**Tower      Manufacturing Corporation ("Tower").**

**ARTICLE      1**

**DEFINITIONS**

**ARTICLE      2**

**BACKGROUND**

----

**ARTICLE      3**

**PAYMENTS      AND ROYALTIES TO TRC**

**ARTICLE      4**

**LICENSE      AGREEMENT**

**ARTICLE      5**

**DISMISSAL      OF THE ACTIONS**

**ARTICLE      6**

**MUTUAL      RELEASES**

* *

**ARTICLE      7**

**FEES      AND COSTS**

**ARTICLE      8**

**REPRESENTATIONS      AND WARRANTIES**

**ARTICLE      9**

**CONFIDENTIALITY**

**ARTICLE      10**

**GENERAL      PROVISIONS**

* *

* *
* *

**GUARANTY      OF PERFORMANCE AND INDEMNITY**

----

----

**STIPULATION      OF DISMISSAL WITH PREJUDICE**

----

----

----

**STIPULATION      OF DISMISSAL WITH PREJUDICE**

----
No. 2,015.

#### In re COLBERT’S ESTATE. JOHN WOOLBEATER, Appellant, *v.*STATE OF MONTANA, Respondent.

*Appeal from District Court, Silver Bow County; William Clancy, Judge.*

On motion to dismiss appeal.

Decided December 24, 1903.

*Mr. James Donovan, Attorney General,*for the State.

Pee Cubiam.

The motion *to*dismiss the appeal herein is hereby sustained, and the appeal is accordingly dismissed. •
<PAGE>

                                                                   Exhibit 10.23
                                                                   -------------

                                AMENDMENT NO. 1
                                ---------------

                                      TO
                            KIRIN-AMEN. INC. /AMEN
                            ----------------------
                     G-CSF UNITED STATES LICENSE AGREEMENT
                     -------------------------------------


          THIS AMENDMENT N0. 1 ("Amendment No. 1") TO THAT CERTAIN KIRIN-AMGEN,
INC./AMGEN G-CSF UNITED STATES LICENSE AGREEMENT ("License Agreement"), is made
and entered into this 20th day of October, 1988, by and between AMGEN INC., a
Delaware corporation ("Amgen"), and KIRIN-AMGEN, INC., a California corporation
("Corporation").

                                R E C I T A L S

          A.   Amgen and Corporation have previously executed that certain
License Agreement regarding G-CSF.

          B.   The parties desire to incorporate certain changes into the
 License Agreement pursuant to this Amendment No. 1.

          NOW, THEREFORE, it is agreed as follows:

1.        Article I, Section 1.08 at page 3 of the License Agreement is hereby
deleted and the following substituted in lieu thereof:

               "Sales Value. 'Sales Value' shall mean the amount billed by Amgen
                -----------
          or an affiliate from the sale for commercial use of G-CSF Products to
          independent third parties less the following amounts included in the
          billed amount: (i) discounts, including cash discounts, or rebates
          actually allowed or granted from the billed amount, (ii) credits or
          allowances actually granted upon claims or returns regardless of the
          party requesting the return, (iii) freight charges paid for delivery,
          and (iv) taxes or other government charges levied on or measured by
          the billed amount whether absorbed by the billing or the billed
          party."

2.        Except to the extent as provided herein, the provisions of the License
Agreement are hereby ratified and confirmed in all respects.
<PAGE>

         IN WITNESS WHEREOF, the undersigned have caused this Amendment No. 1 to
be executed as of the first day written above.

                                   AMGEN INC.,
                                   a Delaware corporation


                                   By   /s/ George B. Rathmann
                                      George B. Rathmann, President
                                                              "Amgen"




                                   KIRIN-AMGEN, INC.,
                                   a California corporation


                                   By   /s/ Yashushi Yamamoto
                                        Yasushi Yamamoto, Chairman
                                                              "Corporation"

                                      - 2 -
EXHIBIT 32.2

Certification pursuant to 18 U.S.C. Section 1350,

as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002



---

In connection with the Quarterly Report on Form 10-Q, filed pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, of NBC Capital Corporation (the Corporation) for the period ended
March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard T. Haston, the Chief Financial Officer of the Corporation, certify, pursuant to 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) or Section 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 Corporation.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Richard T. HastonName:

Richard HastonTitle:

Executive Vice President and Chief Financial OfficerDate:    May 9, 2006


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



26
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Notice Improvement Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Wednesday, February 10, 2010.

# FOR FURTHER INFORMATION CONTACT:

Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Notice Improvement Project Committee will be held Wednesday, February 10, 2010, at 2 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Audrey Y. Jenkins. For more information, please contact Ms. Jenkins at 1-888-912-1227 or 718-488-2085, or write TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: January 15, 2010.

Linda Rivera,

Senior Program Analyst, Taxpayer Advocacy Panel.

[FR Doc. 2010-1123 Filed 1-25-10; 8:45 am]

BILLING CODE 4830-01-P
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, Ken Sexton, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that except for
(i) the omission of the selected financial information required by Item 6 of Form 10-K for the fiscal year ended March 31, 1999, and (ii) the failure to timely file
the report, the Annual Report of Peregrine Systems, Inc. on Form 10-K for the fiscal year ended March 31, 2003 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of Peregrine Systems, Inc.

Date: April 30, 2004/s/KEN SEXTONKen Sexton
Chief Financial Officer


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

---



QuickLinks
EXHIBIT 31.1



CERTIFICATIONS



I, Stephen Berman, Chief Executive Officer, certify that:



1. I have reviewed this annual report on Form 10-K of JAKKS Pacific, Inc.; and



2. Based upon my knowledge,
this annual 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 annual report.





|Date: May 15, 2020 |     |                         | 
|------------------ | --- | ----------------------- | 
|                   |     |                         | 
|                   | By: | /s/ STEPHEN G. BERMAN   | 
|                   |     | Stephen G. Berman       | 
|                   |     | Chief Executive Officer | 





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.
Third District Court of Appeal

State of Florida

Opinion filed May 12, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-113

Lower Tribunal Nos. 19-9873 CC, 20-100 AP

________________

Pride Clean Restoration, Inc., a/a/o Virginia Benitez,

Appellant,

vs.

Citizens Property Insurance Corporation,

Appellee.

An Appeal from the County Court for Miami-Dade County, Luis PerezMedina, Judge.

Font & Nelson, PLLC, and Jose P. Font and Bryan T. Fischer (Fort 

Lauderdale), for appellant.

Lydecker | Diaz, and Michelle Diverio and Alejandro Sanchez Parraga, 

for appellee.

Before EMAS, C.J., and SCALES and MILLER, JJ. 

PER CURIAM. 
2

Affirmed. See Washington Nat’l Ins. Corp. v. Ruderman, 117 So. 3d 

943, 948 (Fla. 2013) (holding: “Where the language in an insurance contract 

is plain and unambiguous, a court must interpret the policy in accordance 

with the plain meaning so as to give effect to the policy as written. See State 

Farm Mut. Auto. Ins. Co. v. Menendez, 70 So. 3d 566, 569–70 (Fla. 2011). 

In construing insurance contracts, ‘courts should read each policy as a 

whole, endeavoring to give every provision its full meaning and operative 

effect.’ U.S. Fire Ins. Co. v. J.S.U.B., Inc., 979 So. 2d 871, 877 (Fla. 2007).”) 

(quotations and citations omitted).
I

106TH CONGRESS

2D SESSION S. 1731

IN THE HOUSE OF REPRESENTATIVES

MARCH 28, 2000

Referred to the Committee on Commerce

AN ACT

To amend the Clean Air Act to provide that certain environmental reports shall continue to be required to be submitted.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1731 RFH

1 SECTION 1. CONTINUATION OF SUBMISSION OF CERTAIN

2 ENVIRONMENTAL REPORTS.

3 (a) ATMOSPHERIC DEPOSITION TO GREAT WATERS

4 REPORT.—Section 112(m)(5) of the Clean Air Act (42

5 U.S.C. 7412(m)(5)) is amended by striking ‘‘Within’’ and

6 inserting ‘‘Notwithstanding section 3003 of Public Law

7 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), within’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 this section takes effect on the earlier of—

10 (1) the date of enactment of this Act; or

11 (2) December 19, 1999.

Passed the Senate March 27, 2000.

Attest: GARY SISCO,

Secretary.
#### STEVENS, Respondent, *v.*NORTHERN PACIFIC RY. CO., Appellant.

(No. 3,496.)

(Submitted March 30, 1915.

Decided April 21, 1915.)

[148 Pac. 396.]

*Northern Pacific Land Grant*2— Bight *of Way*— Scope *of*Grant— *Bights of Subsequent Grantees*— Damages *to Property.*

[For syllabus, see *Smith et al.*v. *Northern Pacific By. Co., ante,*p. 539.]

*Appeal from District Court, Missoula County; B. Lee McCullough, Judge.*

Action by A. M. Stevens against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals.

Reversed.

*555*Messrs. Chinn & Rasch*and *Mr. Wm. F. Wayne,*for Appellant.

*Messrs. Sail & Whitlock,*for Respondent.

MR. JUSTICE SANNER

delivered the opinion of the conrt.

It is conceded by the respondent, and is a fact, that the issues and history of this case are identical with those presented in *Smith et al.*v. *Northern Pacific Ry. Co., ante,*p. 539, 148 Pac. 393, and on the authority thereof the judgment herein appealed from is reversed and the cause remanded for further proceedings.

*Reversed and renumded.*

Me. Chief Justice BRAntly and MR. Justice Holloway concur.
II

Calendar No. 495

106TH CONGRESS

2D SESSION S. 1836

[Report No. 106–265]

To extend the deadline for commencement of construction of a hydroelectric

project in the State of Alabama.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 1, 1999

Mr. HOLLINGS (for himself and Mr. THURMOND) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

APRIL 12, 2000

Reported by Mr. MURKOWSKI, without amendment

A BILL

To extend the deadline for commencement of construction

of a hydroelectric project in the State of Alabama.

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

3 SECTION 1. EXTENSION OF DEADLINE AND REINSTATE4 MENT OF LICENSE.

5 (a) IN GENERAL.—Notwithstanding the time period

6 specified in section 13 of the Federal Power Act (16
2

S 1836 RS

1 U.S.C. 806) that would otherwise apply to the Federal En2 ergy Regulatory Commission project numbered 7115, the

3 Commission shall, at the request of the licensee for the

4 project, in accordance with the good faith, due diligence,

5 and public interest requirements of that section and the

6 Commission’s procedures under that section, extend for 3

7 consecutive 2-year periods, the time period during which

8 the licensee is required to commence construction of the

9 project.

10 (b) APPLICABILITY.—Subsection (a) shall take effect

11 on the expiration of the period required for commencement

12 of construction of the project described in subsection (a).

13 (c) REINSTATEMENT OF EXPIRED LICENSE.—If the

14 license for the project described in subsection (a) has ex15 pired prior to the date of enactment of this Act, the Com16 mission shall reinstate the license effective as of the date

17 of its expiration and extend the time required for com18 mencement of construction of the projects for not more

19 than 3 consecutive 2-year periods, the first of which shall

20 commence on the date of expiration of the license.
Calendar No. 495

106TH CONGRESS

2D SESSION S. 1836

[Report No. 106–265]

A BILL

To extend the deadline for commencement of construction of a hydroelectric project in the State

of Alabama.

APRIL 12, 2000

Reported without amendment