alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Louis Goldfarb and Louis H. Sjereff, Copartners Doing Business as National Factors, Plaintiffs, *v.*W. T. Grant Company, Defendant.

Municipal Court of New York, Borough of Manhattan, First District

December 11, 1936.

*Louis H. Shereff,*for the plaintiffs.

*Adolph & Henry Bloch,*for the defendant.

Lewis (David C.), J.

Morris Schwartz is a bankrupt. David Hirsch is the trustee for the bankrupt.

The defendant owed Schwartz a balance of $790.67 for goods sold and delivered prior to the bankruptcy.

*345The plaintiffs were factors for Schwartz and prior to the bankruptcy received an assignment of the account from Schwartz.

They sue the defendant for the said balance.

The defendant seeks to step out and make the trustee step in, and, therefore, move in this court to direct the trustee to come in and plead. What warranty has this court to compel a trustee in bankruptcy to contest a transfer made by the bankrupt? It might well be that the trustee does not deem such action warranted.

When the trustee, of his own initiative, seeks to protect the bankrupt estate, the door of this tribunal is open. *(Cohen*v. *Small,*120 App. Div. 211; *Hood Rubber Co.*v. *Banque,*219 id. 464; *Merritt*v. *Halliday,*107 id. 596.)

In the case at bar the trustee has taken no action and makes no application. He defaulted upon this motion.

On the other hand, the plaintiffs insist that there is neither legal nor equitable objection or defense to their cause of action; hence the trustee will not combat. Any complaint with reference to the attitude of the trustee must be lodged with the Federal court; it cannot be entertained by this tribunal; the jurisdiction is indivisible as well as exclusive. The court which appointed the trustee could compel him to take action, if in its judgment it deemed such a course proper. *(Matter of Forth,*151 Fed. 951. See *Trimble*v. *Woodhead,*102 U. S. 647. See, also, *Pouch*v. *Prudential Ins. Co.,*204 N. Y. 281.)

To order the trustee interpleaded is tantamount to ordering the trustee to act. In this instance we lack the authority to command, and we have received no consent to act. *(Isaacs*v. *Hobbs T. & T. Co.,*282 U. S. 734.)

For the reasons stated, the defendant’s motion to interplead the trustee is denied.

The defendant is granted five days after the service of a copy of this order with notice of entry to answer.
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 White Dental Supply, Inc. (the "Company") on Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Nancy White, acting in the capacity as the Chief Executive Officer of the Company, and I, Michael White, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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.








/s/ Nancy White


Nancy White


Chief Executive Officer


March 30, 2011








/s/ Michael White


Michael White


Chief Financial Officer


March 30, 2011
#### Rosa Tobin, Respondent, v. Benjamin Bodfish, Appellant.

Judgment of County Court or Onondaga county affirming a justice’s judgment affirmed, with costs.

Opinion by

Hardin, P. J.
#### Hezekiah Coffin v. Mary Ranus.

Judgment affirmed, with costs. Opinion by

Pratt, J.;

Barnard, P. J., not sitting.
I 

113TH CONGRESS 

2D SESSION H. R. 5323 

To provide leave to certain new employees who are veterans with a serviceconnected disability rated at 30 percent or more for purposes of undergoing medical treatment for such disability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mr. BUTTERFIELD (for himself, Mr. LYNCH, Mr. JONES, and Mr. PRICE of 

North Carolina) introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To provide leave to certain new employees who are veterans 

with a service-connected disability rated at 30 percent 

or more for purposes of undergoing medical treatment 

for such disability, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medical Leave for Vet5 erans Act of 2014’’. 


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•HR 5323 IH

1 SEC. 2. ADDITIONAL LEAVE FOR CERTAIN EMPLOYEES 

2 WHO ARE DISABLED VETERANS. 

3 (a) REGULATION REQUIRED.—Not later than 6 

4 months after the date of enactment of this Act, the Sec5 retary of Veterans Affairs shall issue such regulations as 

6 are necessary to provide for, in addition to any existing 

7 leave program, the following: 

8 (1) During the 12-month period beginning on 

9 the first day of employment, any employee who is a 

10 veteran with a service-connected disability rated at 

11 30 percent or more is entitled to leave, without loss 

12 or reduction in pay, for purposes of undergoing med13 ical treatment for such disability for which sick leave 

14 could regularly be used. 

15 (2)(A) The leave credited to an employee under 

16 paragraph (1) may not exceed 104 hours. 

17 (B) Any leave credited to an employee pursuant 

18 to paragraph (1) that is not used during the 12- 

19 month period described in such paragraph may not 

20 be carried over and shall be forfeited. 

21 (3) In order to verify that leave credited to an 

22 employee pursuant to paragraph (1) is used for 

23 treating a service-connected disability, such employee 

24 shall submit to the Secretary certification, in such 

25 form and manner as the Secretary may prescribe, 

26 that such employee used such leave for purposes of 


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•HR 5323 IH

1 being furnished treatment for such disability by a 

2 health care provider. 

3 (b) DEFINITIONS.—In this section— 

4 (1) the term ‘‘employee’’ means any employee 

5 appointed under chapter 73 or 74 of title 38, United 

6 States Code; 

7 (2) the term ‘‘service-connected’’ has the mean8 ing given such term in section 101(16) of such title; 

9 and 

10 (3) the term ‘‘veteran’’ has the meaning given 

11 such term in section 101(2) of such title. 

12 (c) APPLICATION.—The regulations required under 

13 subsection (a) shall apply with respect to any employee 

14 hired on or after the date that is one year after the date 

15 of enactment of this Act. 

Æ 


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COLETTE F. STONE, ESQ. (SBN: 129773) 

RONALD F. BERESTKA, JR. ESQ. (SBN: 155707) 

LYDIA V. KO, ESQ. (SBN: 272588) 

STONE & ASSOCIATES 

A Professional Corporation 

2125 Ygnacio Valley Road, Suite 101 

Walnut Creek, CA 94598 

Telephone: (925) 938-1555 

Facsimile: (925) 938-2937 

Email: cstone@stonelawoffice.com

rberestka@stonelawoffice.com 

Attorneys for Defendants, 

GEORGE M. VLAZAKIS; MARIA BARBIS; JOHN BARBIS; 

and ATHANASIA V. VLAZAKIS 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In Re: 

PG&E CORPORATION, 

And 

PACIFIC GAS AND ELECTRIC COMPANY, 

 Debtors, 

 Affects PG&E Corporation 

 Affects Pacific Gas and Electric Company 

 Affects Both Debtors 

*All papers shall be filed in the Lead Case, no. 

19-30088 (DM)

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CASE NO. 19-30088 (DM) 

Chapter 11 

DECLARATION OF MARIA A. 

BARBIS IN SUPPORT OF MOTION 

AS TO INAPPLICABILITY OF STAY, 

AND IN THE ALTERNATIVE FOR 

RELIEF FROM STAY 

Date: 

Time: 

Dept.: 17 

 450 Golden Gate Ave 

 San Francisco, CA 94102 

Judge: Dennis Montali 

Objection Deadline: December 12, 2019 

Time: 4:00 p.m. (Pacific Time)

I, Maria A. Barbis, declare: 

1. I am a defendant in a lawsuit in the California Superior Court, County of Alameda, 

Case number RG19021463 brought by Pacific Gas & Electric Company. I have personal 

knowledge of the facts contained in this declaration and if called to testify thereto could 

competently do so. 

2. My maiden name is Vlazakis. My family has owned the property with street 

addresses of 225-229 Brush Street and 751 Third Street (APN 001-0111-001 and 001-0111-002) 

Case: 19-30088 Doc# 4846-3 Filed: 11/22/19 Entered: 11/22/19 13:43:21 Page 1

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1

Antonio Ortiz

Texas State Bar No. 24074839

JORDAN, HOLZER & ORTIZ, PC

500 N. Shoreline, Suite 900

Corpus Christi, Texas 78401

Phone: (361) 884-5678

Fax: (361) 888-5555

Email: aortiz@jhwclaw.com

ecf@jhwclaw.com

Attorneys for A&J Electric Cable Corporation

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

In re

PG&E CORPORATION

Debtor.

Case No. 19-30088

 Chapter 11

ORDER GRANTING APPLICATION FOR ADMISSION OF

ATTORNEY PRO HAC VICE

Jose Antonio Ortiz of Jordan, Holzer & Ortiz, P.C., whose business address and telephone 

number is 500 N. Shoreline Blvd., Suite 900, Corpus Christi, Texas 7840; Telephone: (361) 884-

5678 and who is an active member in good standing of the bar of Texas having applied in the aboveentitled action for admission to practice in the Northern District of California on a pro hac vice

basis, representing A&J Electric Cable Corporation. 

IT IS HEREBY ORDERED THAT the application is granted, subject to the terms and 

conditions of Civil L.R. 11-3. All papers filed by the attorney must indicate appearance pro hac 

vice. Service of papers upon and communication with co-counsel designated in the application will 

constitute notice to the represented party. All future filings in this action are subject to the 

Bankruptcy Local Rules and Electronic Case Filing Procedures adopted by the United States 

Bankruptcy Court for the Norther District of California.

** END OF ORDER**

Case: 19-30088 Doc# 504-2 Filed: 02/20/19 Entered: 02/20/19 14:56:52 Page 1

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- 1 -

ORDER GRANTING MATTHEW K. KELSEY’S APPLICATION FOR ADMISSION OF 

ATTORNEY PRO HAC VICE

Gibson, Dunn & 

Crutcher LLP

DAVID M. FELDMAN, NY SBN 2633881

 dfeldman@gibsondunn.com

 (pro hac vice application pending)

MATTHEW K. KELSEY, NY SBN 4250296

 mkelsey@gibsondunn.com

 (pro hac vice application pending)

GIBSON, DUNN & CRUTCHER LLP

200 Park Avenue

New York, NY 10166-0193

Telephone: 212.351.4000

Facsimile: 212.351.4035

MICHAEL S. NEUMEISTER, SBN 274220

 mneumeister@gibsondunn.com

MICHELLE CHOI, SBN 313557

 mchoi@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

333 South Grand Avenue

Los Angeles, CA 90071-3197

Telephone: 213.229.7000

Facsimile: 213.229.7520

Attorneys for the Ad Hoc Committee of

Holders of Trade Claims

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION 

-andPACIFIC GAS & ELECTRIC COMPANY,

 Debtors.

 Affects PG&E Corporation

 Affects Pacific Gas and Electric Company

 Affects both Debtors

*All papers shall be filed in the Lead Case, No. 

19-30088 (DM).

Bankruptcy Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

ORDER GRANTING MATTHEW K. 

KELSEY’S APPLICATION FOR 

ADMISSION OF ATTORNEY PRO HAC 

VICE

Signed and Filed: October 11, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

October 11, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 4196 Filed: 10/11/19 Entered: 10/11/19 14:06:51 Page 1 of

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ORDER GRANTING MATTHEW K. KELSEY’S APPLICATION FOR ADMISSION OF 

ATTORNEY PRO HAC VICE

Gibson, Dunn & 

Crutcher LLP

MATTHEW K. KELSEY, whose business address and telephone number is 

Gibson, Dunn & Crutcher LLP

200 Park Avenue

New York, NY 10166-0193

Telephone: 212.351.4000

and who is an active member in good standing of the bar of NEW YORK having applied in the aboveentitled action for admission to practice in the Northern District of California on a pro hac vice basis, 

representing the AD HOC COMMITTEE OF HOLDERS OF TRADE CLAIMS,

IT IS HEREBY ORDERED THAT the application is granted, subject to the terms and

conditions of Civil L.R. 11-3. All papers filed by the attorney must indicate appearance pro hac vice. 

Service of papers upon and communication with co-counsel designated in the application will 

constitute notice to the represented party. All future filings in this action are subject to the Bankruptcy 

Local Rules and Electronic Case Filing Procedures adopted by the United States Bankruptcy Court for 

the Northern District of California.

**END OF ORDER**

Case: 19-30088 Doc# 4196 Filed: 10/11/19 Entered: 10/11/19 14:06:51 Page 2 of

2
#### Alice Clissuras, Appellant, v Concord Village Owners, Inc., et al., Respondents.

Submitted December 18, 1995;

decided March 21, 1996

Motion to vacate order dismissing appeal, etc., denied. *[See,*86 NY2d 881.]
[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Notices]
[Page 62878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29883]



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


DEPARTMENT OF THE INTERIOR

State of Arizona Resource Advisory Council Meeting
AGENCY: Bureau of Land Management, Interior.
ACTION: Arizona Resource Advisory Council Meeting, notice of meeting.

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

SUMMARY: This notice announces the third meeting of the Arizona 
Resource Advisory Council. The meeting will be held January 4-5, 1996 
beginning at 8:30 a.m. in the New Mexico Room at the Bureau of Land 
Management's National Training Center, 9828 N. 31st Avenue, Phoenix 
Arizona 85051. The agenda items to be covered at this meeting include 
review of previous meeting minutes, standard and guidelines work group 
report, update on Arizona Preservation Initiative, discussion of 
recreation travel, tourism, and public relations working group, 
presentation of Lower Gila Resource Management Plan Phoenix District, 
and public comment period which will take place at 3:30 p.m. January 4, 
1996, and 11:30 a.m. January 5, 1996.
For Further Information Contact: Clinton Oke, Bureau of Land 
Management, Arizona State Office, 3707 N. 7th St., Phoenix Arizona 
85014, (602) 650-0512.
Phillip D. Moreland,
Acting Deputy State Director Resource Planning, Use and Protection 
Division.
[FR Doc. 95-29883 Filed 12-6-95; 8:45 am]
BILLING CODE 4310-32-P
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-40703

Conference Calendar

 

JOHNNY ALLEN MCDOWELL,

Plaintiff-Appellant,

versus

UNIDENTIFIED DIXON, Warden, Bradshaw State Jail;

GLENDA FERGUSON, Registered Nurse Certified, 

Bradshaw State Jail; J. SHIPP, Lieutenant,

Bradshaw State Jail; UNIDENTIFIED TURNER, Sergeant,

Bradshaw State Jail; UNIDENTIFIED GHOLSON, Officer,

Bradshaw State Jail; UNIDENTIFIED MEDICAL STAFF MEMBER,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:98-CV-20

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

June 16, 2000

Before JOLLY, DAVIS, and DUHÉ, Circuit Judges. 

PER CURIAM:*

Johnny Allen McDowell, Texas prisoner # 756787, appeals the

dismissal as frivolous of his civil rights action under 42 U.S.C.

§ 1983. McDowell asserted that he was denied medical attention

for hypertension. We review the dismissal of a prisoner

complaint as frivolous for abuse of discretion. Talib v. Gilley,

138 F.3d 211, 213 (5th Cir. 1998). 
No. 99-40703

- 2 -

The undisputed medical evidence shows that McDowell was

receiving ongoing medical treatment for his high blood pressure. 

The two occasions on which he requested but did not receive

immediate treatment cannot be characterized as an unnecessary and

wanton infliction of pain. See Estelle v. Gamble, 429 U.S. 97,

105-06 (1976). 

McDowell's appeal is without arguable merit and is

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Because the appeal is frivolous, it is DISMISSED. See

5TH CIR. R. 42.2. 

The dismissal of the original complaint as frivolous and the

dismissal of this appeal as frivolous count as two strikes for

purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103

F.3d 383, 387-88 (5th Cir. 1996). We caution McDowell that once

he accumulates three strikes, he may not proceed in forma

pauperis (IFP) 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). 

APPEAL DISMISSED.
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#### In the Matter of the Estate of Thomas Best, Deceased.

Order of surrogate refusing to open decree and grant new trial affirmed, with costs. Opinion by

Barnard, P. J.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6848

ANTHONY MICHELLE KING,

Petitioner - Appellant,

v.

SUPERINTENDENT BRAD PERITT,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:13-hc-02267-BO)

Submitted: August 21, 2014 Decided: August 26, 2014

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Michelle King, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Anthony Michelle King seeks to appeal the district 

court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2012). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on procedural grounds, the prisoner 

must demonstrate both that the dispositive procedural ruling is 

debatable, and that the petition states a debatable claim of the 

denial of a constitutional right. Slack v. McDaniel, 529 U.S. 

473, 484-85 (2000). 

We have independently reviewed the record and conclude 

that King has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. 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.

DISMISSED
**Exhibit 32**

 

**Certification of CEO and CFO 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 HyperFeed Technologies, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Company hereby certifies, 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 his knowledge, 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.

 

 
| Date:  November 9, 2004 |                                   |
|-------------------------|----------------------------------------|
|                    |                                   |
|                    |                                   |
|                    | /s/  Paul Pluschkell                   |   |
|                    | Paul  Pluschkell                       |
|                    | President  and Chief Executive Officer |
|                    |                                   |
| Date:  November 9, 2004 |                                   |
|                    |                                   |
|                    |                                   |
|                    | /s/  Randall J. Frapart                |   |
|                    | Randall  J. Frapart                    |
|                    | Chief  Financial Officer               |

 

 

This certification accompanies the Report pursuant to section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by HyperFeed Technologies, Inc. for purposes of section 18 of the Securities Exchange Act of 1934, as amended.

 

Asigned original of this written statement required by section 906 of theSarbanes-Oxley Act of 2002 has been provided to HyperFeed Technologies, Inc.and will be retained by HyperFeed Technologies, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
#### In the Matter of Olga Weber, Appellant, v County of Nassau, Respondent.

Submitted February 5, 1996;

decided April 4, 1996

Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to the Court of Appeals, dismissed upon the ground that that order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
---

CONSENT OF CHLUMSKY, ARMBRUST & MEYER LLC

The undersigned hereby consents to: (i) the filing of the
written disclosure regarding (a) the technical report entitled Gas Hills
Uranium Project Freemont and Natrona Counties, Wyoming, USA dated July 31, 2012
and (b) the technical report entitled Technical Report Update of Gas Hills
Uranium Project Freemont and Natrona Counties, Wyoming, USA dated March 22,
2013, in relation to, as applicable, (A) the Form 40-F Annual Report for the
period ended December 31, 2013, and any amendments thereto (the Form 40-F), of
Energy Fuels Inc. (the Company), filed with the United States Securities and
Exchange Commission, (B) the Companys Annual Information Form for the period
ended December 31, 2013 (the AIF) and (C) the Management Information Circular
of the Company dated July 15, 2013, and the documents incorporated by reference
therein (the Circular); and (ii) the incorporation by reference of such
disclosure into (a) the Companys Form S-8 Registration Statement, being filed
with the United States Securities and Exchange Commission and any amendments
thereto (the S-8), and (b) the Companys Form F-10 Registration Statement,
being filed with the United States Securities and Exchange Commission and any
amendments thereto (the F-10).

We also consent to: (i) the use of our name in the AIF, the
Circular, the F-10 and the Form 40-F; (ii) the incorporation by reference of the
Form 40-F, and the AIF into the S-8; and (iii) the incorporation by reference of
the Form 40-F, the AIF and the Circular into the F-10.

| | CHLUMSKY, ARMBRUST &     
| | -------------------------
| | MEYER LLC                
| |                          
| |                          
| | /s/
      Michael J. Read
| | Name: Michael J. Read    
| | Title: Principal         

Date: March 28, 2014

---