alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Walter Schultze, Appellant, *v.*Oscar Huttlinger, Respondent.

First Department,

June 9, 1911.

Discovery — action- on foreign judgment — inspection of drafts.

In an action brought upon a foreign judgment an order granting defendant an inspection of the drafts upon which the foreign judgment was based will be reversed, especially where it does not appear that plaintiff has the drafts in his possession or under his control.

Appeal by the plaintiff,-Walter Schultze, from an order of the Supreme Court, made at the Hew Tort Special Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1911.

*Antonio Knauth,*for the -appellant.

*Paul C. Schnitzler,*for the- respondent.

Scott, J.:

Appeal from an order granting defendant ah inspection of certain drafts.

The action is brought upon a foreign judgment alleged to have been recovered against the firm of Huttlinger & Vivie, *277of. which defendant was formerly a partner. It is not apparent how an inspection of the drafts can be of advantage to defendant. It is true that the judgment sued upon was based upon certain drafts, but in such an action as this the drafts themselves will not be material. If the judgment is a valid adjudication against the firm, the defendant will not be permitted to retry in this action the causes of action upon which the judgment was recovered. On the other hand, if the judgment is not a valid adjudication, the plaintiff under his pleading cannot shift his ground and attempt to recover on the drafts. So in neither event can the drafts become relevant evidence on the trial. Furthermore, it is not shown that the drafts .are in plaintiff’s possession or under his control, nor is any reason shown why they should be presumed to be. The defendant’s theory is that a third person, not a party to the action, paid them to the bank. If so, it would seem to be probable that they are in the possession off that third person.

The order appealed from should be reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Ingraham, P. J., Laughlin, Clarke and Miller, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000743456
<NAME> 83A
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         123,761
<SECURITIES>                                         0
<RECEIVABLES>                                  146,474
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               270,235
<PP&E>                                      16,884,557
<DEPRECIATION>                              15,482,848
<TOTAL-ASSETS>                               1,671,944
<CURRENT-LIABILITIES>                           42,190
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<SALES>                                        439,976
<TOTAL-REVENUES>                               442,207
<CGS>                                                0
<TOTAL-COSTS>                                  479,364
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (37,157)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (37,157)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (37,157)
<EPS-BASIC>                                   (2.19)
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 23.1

                                    CONSENT

     We have issued our report dated October 3, 1996, except for Note 20, which
is now incorporated into the second paragraph of Note 11 the date of which is
January 13, 1997, accompanying the consolidated financial statements and
schedules for the years ended June 30, 1996 and 1995 contained in the Annual
Report of Doctors Health, Inc. (formerly Doctors Health System, Inc.) on Form
10-K for the years ended June 30, 1997. We hereby consent to the use of the
aforementioned report in the Annual Report on Form 10-K, and to the use of our
name as it appears under the caption "Experts."

/s/ Grant Thornton LLP

Baltimore, Maryland
September 26, 1997
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 2941

_____________________________
B UD C HRISTOPHER C HATMAN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Co urt for Escambia County

. Jan Shackelford , Judge

. February 27, 2019

P ER C URIAM

.
A FFIRMED

.
B ILBREY , W INOKUR , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Kathleen Stover
, Assistant Public Defender, Tallahassee, for Appellant.

Ashley B

. Moody , Attorney General, Tabitha Rae Herrera, Assistant Attorney General, and Kaitlin Weiss
, Ass istant Attorney General, Tallahassee, for Appellee.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 5, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41149

Summary Calendar

MICHAEL O. COLEMAN,

Plaintiff-Appellant,

versus

POLUNSKY UNIT FIELD; UNIVERSITY OF TEXAS 

MEDICAL BRANCH, MEDICAL DEPARTMENT,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:04-CV-179

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

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Michael O. Coleman, Texas prisoner # 498392, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 complaint for

failure to state a claim and as frivolous pursuant to 28 U.S.C.

§ 1915A(b)(1). He argues that the defendants were deliberately

indifferent to his serious medical needs in that they assigned him

to work in the fields despite their knowledge that he has insulin

dependent diabetes mellitus and very erratic blood glucose levels

and that in July 2004, he blacked out while working in the fields
No. 05-41149

-2-

due to a blood glucose level of 23. Coleman has not shown that

the district court erred in holding that, even if his allegations

are accepted as true, he is not entitled to relief because his work

assignment was consistent with his medical restrictions. See

Jackson v. Cain, 864 F.2d 1235, 1246 (5th Cir. 1989). Coleman’s

disagreement with his medical classification does not state a

constitutional claim. See Wilson v. Budney, 976 F.2d 957, 958 (5th

Cir. 1992). Coleman has not shown that the district court abused

its discretion in dismissing his complaint without giving him an

opportunity to amend it. See Ashe v. Corley, 992 F.2d 540, 542

(5th Cir. 1993).

Coleman argues for the first time on appeal that his work

assignment was made in “retaliation on another issue that [he]

cannot prove.” Coleman may not raise a new legal theory for the

first time on appeal. See Leverette v. Louisville Ladder Co., 183

F.3d 339, 342 (5th Cir. 1999).

The district court’s dismissal of Coleman’s complaint as

frivolous and for failure to state a claim under § 1915A(b)(1)

counts as a strike under 28 U.S.C. § 1915(g). See Adepegba v.

Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Coleman is cautioned

that if he accumulates three strikes under § 1915(g), he will not

be able to proceed in forma pauperis in any civil action or appeal

filed while he is incarcerated or detained in any facility unless

he is under imminent danger of serious physical injury. See

§ 1915(g).
No. 05-41149

-3-

AFFIRMED; SANCTION WARNING ISSUED.
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<PAGE>
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<PERIOD-START>                             JAN-01-1999
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<CASH>                                          16,532
<INT-BEARING-DEPOSITS>                             151
<FED-FUNDS-SOLD>                                19,500
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    181,408
<INVESTMENTS-CARRYING>                               0
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<INTEREST-DEPOSIT>                               3,178
<INTEREST-EXPENSE>                               3,807
<INTEREST-INCOME-NET>                            4,263
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  2,592
<INCOME-PRETAX>                                  2,583
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<EXTRAORDINARY>                                      0
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<EPS-PRIMARY>                                      .40
<EPS-DILUTED>                                      .40
<YIELD-ACTUAL>                                    3.96
<LOANS-NON>                                        386
<LOANS-PAST>                                        79
<LOANS-TROUBLED>                                     0
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<CHARGE-OFFS>                                      654
<RECOVERIES>                                        12
<ALLOWANCE-CLOSE>                                4,791
<ALLOWANCE-DOMESTIC>                             2,836
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,955
        

</TABLE>
EXHIBIT 32.2

CERTIFICATION

I, Gregory A. Wells, Chief Financial
Officer of NTS Capital Corporation, the general partner of NTS-Properties Associates V, the
general partner of NTS-Properties V, a Maryland limited partnership (the Partnership), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

|1. |  | The quarterly report on Form 10-Q of the Partnership for the period ended September
               30, 2004 (the Report) fully complies with the requirements of
               Section 13(a) 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 Partnership.
|-- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: November 15, 2004

/s/ Gregory A. Wells

---

Chief Financial Officer of NTS Capital Corporation,
General Partner of NTS-Properties Associates V,
General Partner of NTS-Properties V, a Maryland limited partnership

A signed original of this written
statement required by Section 906 has been provided to the Partnership and will be
retained by the Partnership and furnished to the Securities and Exchange Commission or its
staff upon request.
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  Quarterly  Report  of  CityFed  Financial  Corp.  (the
"Company")  on Form 10-QSB for the period ended March 31, 2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, in the capacities and on the date 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:

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.




                                 CITYFED FINANCIAL CORP.

                                     By: /s/ John W. Atherton, Jr.
                                         -------------------------
                                         John W. Atherton, Jr.
                                         President, Chief Executive Officer
                                           and Treasurer (Principal Executive
                                           and Financial Officer)

Date:  June 10, 2004
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         3116
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               3116
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 3116
<CURRENT-LIABILITIES>                          9620
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       932,372
<OTHER-SE>                                     (948,125)
<TOTAL-LIABILITY-AND-EQUITY>                   3116
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               5403
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (5403)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (5403)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (5403)
<EPS-BASIC>                                  (.02)
<EPS-DILUTED>                                  (.02)




</TABLE>
Order filed December 09, 2013

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00713

- CR

____________ BYRON KEITH HARMON , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas Trial Court C ause No. 1355981



### ORDER

This court has determined, pursuant to T exas Rule of Appellate Procedure 34.5(f) and 34.6(g)(2), that it must inspect the original of State's Exhibit 3, a video lineup.The clerk of the 351st District Court is directed to deliver t o the Clerk of this

court the original of State's Exhibit 3, a video lineup, on or before December 19,
2013. The Clerk of this court is directed to receive, maintain, and keep safe this original exhibit; to deliver it to the justices of this court for thei r inspection; and, upon completion of inspection, to return the original of State's Exhibit 3, a video lineup, to the clerk of the 351st District Court.

PER CURIAM
---

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 Annual
Report of China Longyi Group International Holdings Limited (the Company) on
Form 10-K for the period ended December 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Xinmin Pan, Chief
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:

(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.

| | /s/
      Xinmin Pan   
| | -----------------------
| | Xinmin Pan             
| | Chief Financial Officer

April 15, 2010

A signed original of this written statement required by Section
906 has been provided to China Longyi Group International Holdings Limited and
will be retained by China Longyi Group International Holdings Limited and
furnished to the Securities and Exchange Commission or its staff upon
request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
**Exhibit 15**

**Letter Regarding Unaudited Interim Financial Information**

Alfa Corporation 

Montgomery, Alabama 

Ladies and Gentlemen: 

**Re: Registration Statement No. 33-83134 on Form S-3 and 33-77916 and 33-76460 on Form S-8**

With respect to the subject registration statements, we acknowledge our awareness of the use therein of our report dated May 8, 2006, related to our review of interim financial information. As discussed in Note 5to the consolidated condensed financial statements, the Company adopted the provisions of Statement of Financial Accounting Standards No. 123 (revised 2004), *Share-Based Payment*, effective January 1, 2006. 

Pursuant to Rule 436 under the Securities Act of 1933 (the Act), our report dated May 8, 2006 related to our review of interim financial information is notconsidered part of a registration statement prepared or certified by an accountant, or a report prepared or certified by an independent registered public accounting firm within the meaning of Sections 7 and 11 of the Act. 

KPMG LLP 

Birmingham, Alabama 

May 8, 2006
II

106TH CONGRESS

2D SESSION S. 2660

To suspend temporarily the duty on machines, and their parts, for use

in the manufacture of digital versatile discs (DVDs).

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

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

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on machines, and their

parts, for use in the manufacture of digital versatile

discs (DVDs).

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 2660 IS

‘‘ 9902.84.17 Gold sputter machines, whether

imported as an

entirety, or in

components, or

parts thereof, for

use in the manufacture of digital

versatile discs

(DVDs) (provided for in subheading

8479.89.97) ....... Free No change No change On or before

12/31/03 ’’.

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

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of the enactment of this Act.

Æ
EX-10.40






Exhibit 10.40




FIRST AMENDMENT TO THE

BEARINGPOINT, INC.

MANAGING DIRECTOR DEFERRED COMPENSATION PLAN




          WHEREAS, BearingPoint, Inc. (the “Company”) maintains the BearingPoint, Inc. Managing
Director Deferred Compensation Plan, originally effective as of January 1, 2005 and as amended
and restated effective January 1, 2006 (the “Plan”); and




          WHEREAS, the Company, by action of the Compensation Committee of the Board of Directors,
pursuant to the authority granted under Section 9.2 of the Plan, authorized the amendment of the
Plan as set forth in this First Amendment; and




          WHEREAS, the Compensation Committee also directed the appropriate officers of the Company
to revise the Plan to reflect the action of the Compensation
Committee.




          NOW, THEREFORE, the Plan is amended as follows effective December 31, 2008:




          1. Section 5.3 of the Plan is amended by the addition of subsection (c) to
read as follows:




“(c) Special Transition Election in 2008. Notwithstanding any provision
of the Plan to the contrary, on or before December 31, 2008 and in accordance
with the provisions of Internal Revenue Service Notice 2007-86, a Participant may
make an irrevocable election to receive a single lump sum payment of his entire
Account Balance, with payment to be made as soon as administratively possible
following January 2, 2009, but in no event later than 90 days after such date.”



          2. In all respects not amended, the Plan is hereby ratified and confirmed.




     To reflect the implementation of this Amendment as set forth above, the Company has caused
this document to be signed on this
19th day of November, 2008.



	 	 	 	 	 	 	 
	 	 	BEARINGPOINT, INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	BY:
	 	/s/ Ms. Jill Kanin-Lovers
 

	 	 
	 

	 	Name:
	 	Ms. Jill Kanin-Lovers	 	 
	 

	 	Title:
	 	Chairperson, Compensation Committee