alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BAR-DEL, INC. and Barbara J. Deleuil, Appellants, v. OZ, INC., Appellee.

No. 92-CA-000676-MR.

Court of Appeals of Kentucky.

April 9, 1993.

*856Bar-Del, Inc., Barbara J. Deleuil, pro se.

Bernard S. Lewis, George Salem, Jr., Louisville, for appellee.

Before HUDDLESTON, McDONALD and SCHRODER, JJ.

SCHRODER, Judge:

This case questions whether a mistake in the zoning classification is a mistake of law or a mistake of fact.

The appellants agreed to sell and the appellee agreed to buy a tavern and accompanying licenses located at 4133 Bardstown Road, in Louisville. After the down payment was made, the purchaser applied for a permit to remodel when it discovered that the property was not zoned for a tavern use, even though the sellers had operated a tavern at said location for a number of years.1 The property was zoned C-l while a tavern use requires a C-2 zone.

The buyers sought rescission of the contract due to a mutual mistake of fact, and the sellers defended on the grounds that the mistake was one of law which does not permit rescission. The circuit court ruled at a bench trial that the mistake was one of fact. We agree and affirm.

The agreement obviously was for the sale of a business and the necessary licenses to run said business. We can assume the parties implied the sale of a legal business and not the sale of an illegal nonconforming use which has no legal right to continue operation. Courts will not enforce contracts which have a direct objective or purpose which violates a statute, ordinance, or law. *Zeitz v. Foley,*Ky., 264 S.W.2d 267 (1954).

Although there is no Kentucky case dealing with mistakes in zoning ordinances, the case of *Bradshaw v. Kinnaird,*Ky., 319 S.W.2d 475 (1958) dealt with regulations under the Agricultural Adjustment Act of 1938 which regulated the size of a tobacco base. The parties knew the farm sold had a 14.3 acre tobacco base and thought all of it belonged to the farm sold. When it was subsequently learned that part of the base, although physically located on the farm sold, actually belonged to other land of the vendors, the court found a mistake of fact, not of law. Likewise, in the case sub judi-ce, the parties are not questioning what is permitted under a C-l or C-2 zone, but rather, in which zone was the property physically located. Both parties knew the tavern was being operated at its present location and both assumed it had the proper zoning2 to continue such operation. *857Their mistaken belief was one of fact (the current zoning), not of law (what is permitted in a C — 1 zone). Under mistakes of fact, the contract may be rescinded. *See Murphy v. Torstrick,*Ky., 309 S.W.2d 767 (1958).

For the foregoing reasons, the judgment of the Jefferson Circuit Court is affirmed.

All concur.

1

. It doesn’t appear that the sellers were grandfathered in with a preexisting legal nonconforming use, but were operating an illegal nonconforming use which could be stopped anytime by the city if it chose to do so.

2

. Either as a principle permitted use or as a legal preexisting nonconforming use grandfathered in.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America

Plaintiff,

v.

Andrew Padilla,

Defendant.

CR-18-00422-06-PHX-DJH

ORDER 

Upon motion of Defendant and good cause appearing,

IT IS ORDERED granting Defendant Andrew Padilla’s motion to appear by telephone

or video teleconference at the Final Pretrial Conference in this case (Doc. ). Instructions will

be provided for his remote appearance by separate e-mail notification. 

Dated this Day of July, 2023.

 

 Honorable Diane J. Humetewa

 United States District Judge

Case 2:18-cr-00422-DJH Document 1645-1 Filed 07/25/23 Page 1 of 1
**EXHIBIT 32.1 CERTIFICATION PURSUANT TO**

     **18 U.S.C. 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of NORTHWEST CHARIOTS INCORPORATED (the "Company") on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), I, Douglas Dewar, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

Date: August 14, 2008

By: */s/ Douglas Dewar*

Douglas Dewar

Chief Executive Officer and principal executive officer

----
#### Ralls *v.*The State of Ohio.

(No. 23168

Decided October 14, 1931.)

*660
      *Mr. Louis H. Kreiier,*for plaintiff in error.

*Mr. J. D. Sears,*prosecuting attorney, for defendant in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

Marshall, C. J., Jones, Matthias, Day, Allen and Kinkade, JJ., concur.
CORE/3505308.0002/142076079.1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Carrie M. Francis (020453)

Stefan M. Palys (024752) 

Michael Vincent (029864)

STINSON LEONARD STREET LLP

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Tel: (602) 279-1600 

Fax: (602) 240-6925 

Email: carrie.francis@stinson.com

 stefan.palys@stinson.com

 michael.vincent@stinson.com 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, No. 2:18-cv-00063-PHX-DJH

DEFENDANTS’ NOTICE OF 

SERVICE OF SUPPLEMENTAL 

DISCLOSURE STATEMENT 

Plaintiff,

v.

GPS Insight, LLC; Robert J. Donat, 

Individually and as Trustee of The 

Robert Donat Living Trust Dated April 

19, 2017; 

Defendants.

Defendants hereby give notice, pursuant to General Order 17-08, of service upon 

Plaintiff of Defendants’ Tenth Supplemental Disclosure Statement by e-mail on 

August 27, 2018. 

RESPECTFULLY SUBMITTED this 27th day of August, 2018. 

STINSON LEONARD STREET LLP 

By: /s/ Michael Vincent 

Carrie M. Francis

Stefan M. Palys 

Michael Vincent

1850 North Central Avenue, Suite 2100

Phoenix, Arizona 85004-4584 

Attorneys for Defendants
2 

CORE/3505308.0002/142076079.1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE 

I hereby certify that on August 27, 2018, I caused the foregoing document to be 

filed electronically with the Clerk of Court through ECF; and that ECF will send an enotice of the electronic filing to: 

Kraig J. Marton 

Jeffrey A. Silence 

Jaburg & Wilk, P.C. 

3200 N. Central Avenue, 20th Fl 

Phoenix, AZ 85012 

kjm@jaburgwilk.com 

jxs@jaburgwilk.com 

Attorneys for Plaintiff 

Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com 

Attorneys for Defendant Donat 

/s/ C. Roundtree
**Exhibit 32****Certification of Periodic Financial Report****Pursuant to 18 U.S.C. Section 1350**     Each of the undersigned officers of TriPath Imaging, Inc. (the“Company”) certifies, under the standards set forth inand solely for the purposes of 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that the Annual Report on Form 10-K of theCompany for the year ended December 31, 2004 fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and information contained inthat Form 10-K fairly presents, in all material respects,the financial condition and results of operations of the Company.     /s/ Paul R. Sohmer       Paul R. Sohmer, M.D.     Chief Executive OfficerDated: March 31, 2005     /s/ Stephen P. Hall       Stephen P. Hall     Chief Financial OfficerDated: March 31, 2005
Case No. 2:18-CR-422-PHX-DJH 

[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 v. 

Michael Lacey, et al., 

 Defendants. 

CASE NO. 2:18-CR-422-PHX-DJH

[PROPOSED] ORDER GRANTING 

MOTION TO WITHDRAW AS 

MOVANT CARL FERRER’S 

ATTORNEYS 

Upon the motion of Nanci Clarence and Shaneeda Jaffer, with the consent of 

movant Carl Ferrer and good cause appearing, it is hereby ordered that the motion to 

withdraw is granted and that Ms. Clarence and Ms. Jaffer are terminated as attorneys of 

record for Mr. Ferrer in this matter. 

Dated: Dec. __, 2021 

By 

 HON. DIANE J. HUMETEWA 

UNITED STATES DISTRICT JUDGE 

 

 

Case 2:18-cr-00422-DJH Document 1428 Filed 12/03/21 Page 1 of 1
October 25, 2023

Sent via email to:

The Honorable Diane J. Humetewa

United States District Court- Pheonix Division

Sandra Day O'Connor U. S. Courthouse

401 W. Jefferson Strett, SPC 625

Courtroom 605

Phoenix, AZ 85004 

humetewa_chambers@azd.uscourts.gov 

Criminal Justice Act (CJA) Unit- Phoenix Division 

cja_evoucher@azd.uscourts.gov 

Re: USA v. Michael Lacey, et al., CR18-00422-PHX-DJH

Letter of Explanation for Daily Transcript Request 

Your Honor:

CJA Defense counsel is respectfully requesting the daily transcripts for all remaining

witnesses beginning October 25, 2023, through the conclusion of the case. I am requesting a 

daily-turnaround. The reason for the expeditious turnaround time is due to the numerous 

evidentiary rulings and guidance by the Court regarding subject matters that are or are not

permissable. The transcripts are necessary for effective examination within the evidentiary 

bounds set by this Court. 

Thank you.

Sincerely,

Eric W. Kessler

EWK/jk

Case 2:18-cr-00422-DJH Document 1906-1 Filed 10/25/23 Page 1 of 1
<PAGE>

     Exhibit 23 Consent

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in this Annual Report on Form 10-K
of Northway Financial, Inc. of our report dated January 23, 2003, relating to
the consolidated statements of financial condition of Northway Financial, Inc.
and Subsidiaries as of December 31, 2002 and 2001, and the related consolidated
statements of income, changes in stockholders' equity, comprehensive income and
cash flows for each of the years in the three-year period ended December 31,
2002.

                                     /S/ Shatswell, Macleod & Company, P.C.
                                     --------------------------------------
                                     SHATSWELL, MacLEOD & COMPANY, P.C.

West Peabody, Massachusetts
March 27, 2003
IV 

111TH CONGRESS 

1ST SESSION H. RES. 843 

Supporting the goals and ideals of Toastmasters International and celebrating 

its 85th anniversary. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 15, 2009 

Ms. ZOE LOFGREN of California submitted the following resolution; which was 

referred to the Committee on Oversight and Government Reform 

RESOLUTION 

Supporting the goals and ideals of Toastmasters 

International and celebrating its 85th anniversary. 

Whereas Toastmasters International, a nonprofit organization, has helped its members improve their public speaking and leadership skills since 1924; 

Whereas the ability to speak in a clear and effective manner 

is a powerful and important skill that can help individuals overcome barriers in virtually every endeavor and 

line of work; 

Whereas by assisting its members in the development of essential public speaking skills, Toastmasters International 

performs a valuable service; 

Whereas over the course of the past 85 years, from its founding in 1924 when it began as a small gathering in a 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HRES 843 IH 

YMCA basement through the present when its ranks 

have grown to approximately 252,000 members, the story 

of Toastmasters International has been one of dramatic 

growth and success; 

Whereas members of Toastmasters International have formed 

over 11,500 clubs that meet in 106 countries worldwide; 

and 

Whereas this remarkable expansion in clubs is a direct result 

of the enhanced knowledge and years of experience that 

Toastmasters International offers to its members: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the goals and ideals of Toast3 masters International and celebrates its 85th anni4 versary; and 

5 (2) encourages individuals throughout the 

6 United States to improve their public speaking and 

7 leadership skills. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
#### W. MORRIS TAYLOR, P.C., Plaintiff/Respondent, v. Fran BAIRD, Defendant/Appellant.

No. 65774.

Missouri Court of Appeals, Eastern District, Division One.

March 28, 1995.

N. Scott Rosenblum, Clayton, for appellant.

William Kieran Meehan, W. Morris Taylor, St. Louis, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Fran Baird appeals from an order denying her motion to set aside a default judgment. We affirm.

We have reviewed the briefs of the parties and the record on appeal. Although labeled a default judgment by the trial court, the judgment entered was not a default judgment. It was a judgment on the merits brought about by Appellant’s failure to appear for the scheduled trial de novo following a judgment in Respondent’s favor by the Associate Circuit Court. No error of law appears. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. We affirm in accordance with Rule 84.16(b).
----

EXHIBIT 32.1

CERTIFICATIONS PURSUANT TO**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002****(18 U.S.C. SECTION 1350)**
In connection with the quarterly report ofGetPokerRakeBack.com, a Nevada corporation (the "Company"), on Form 10-Q for thefiscal quarter ended February 28, 2009, as filed with the Securities andExchange Commission (the "Report"), Hai Yan Huang, Chief Executive Officer ofthe Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of2002 (18 U.S.C. § 1350), that to her knowledge: 

(1) The Report fully complies withthe requirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and 

(2) The information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company. 

April 20, 2009 

By: /s/ Hai Yan Huang                                      Hai Yan Huang Chief Executive Officer *(Principal Executive Officer)*
[A signed original of this written statement required bySection 906 has been provided to GetPokerRakeBack.com and will be retained byGetPokerRakeBack.com and furnished to the Securities and Exchange Commission orits staff upon request.]
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA - PHOENIX

CRIMINAL MINUTES 

SEALED

Case No. CR-18-00422-001-PHX-SPL Date: 4/6/2018 

United States of America v. Michael Lacey 

Presiding: Hon. Eileen S. Willett, United States Magistrate Judge 

 

Assistant U.S. Attorneys: Margaret Perlmeter, Dominic Lanza, and Reginald Jones 

Attorneys for Defendant: Larry Debus, Lawrence Kazan, and Gregory Zamora 

Defendant: X Present X Custody (restraint level 0) Date of Arrest: 4/6/18 

Deputy Clerk: Marion Holmes Court Reporter/ECR: Recorded by CourtSmart 

PROCEEDINGS: Open Court Chambers Other X SEALED 

Case called at 4:18 p.m. 

Initial Appearance and Arraignment held. The following documents from the law firm of Debus, Kazan

& Westerhausen, Ltd. are filed in court on behalf of the defendant: “Notice of Appearance” and “Request

to Allow New York Counsel to Appear Telephonically.” IT IS ORDERED DENYING “Request to Allow

New York Counsel to Appear Telephonically” as the defendant is appearing with local counsel.

Defense counsel advises that the defendant has not received a copy of the Indictment. The Government

addresses the Court with respect to unsealing the case as to this defendant while redacting the names

of co-defendants identified in the Indictment that are not yet in custody. The Court directs the

Government to provide a copy of the redacted Indictment to the defendant. Defendant waives a formal

reading of the Indictment. Plea of NOT guilty entered as to all pending counts.

The Government is seeking detention until the parties are able to confer to determine if there is a set of

release conditions that satisfies the Government’s concerns. Upon request of the Government, the Court

sets a Detention Hearing for April 11, 2018 at 4:00 PM before Magistrate Judge Bridget S. Bade in

Courtroom 304. Defense attorney Larry Debus opposes the Government’s position to delay the

Detention Hearing and requests an immediate ruling. Argument is heard. IT IS ORDERED DENYING

defense counsel’s request for an immediate Detention Hearing. The Court AFFIRMS the Detention

Hearing set for April 11, 2018.

Counsel for the Government orally moves to unseal the entire case. IT IS ORDERED DENYING the

Government’s oral motion without prejudice, with leave to file as a written motion. 

The Court has made an individualized determination that restraints are unnecessary on the defendant

in the courtroom.

Case 2:18-cr-00422-DJH Document 17 Filed 04/06/18 Page 1 of 2
CR-18-00422-01-PHX-SPL Page 2 of 2

USA vs. Michael Lacey

Case recalled at 5:05 p.m. 

The following parties are present: AUSA Margaret Perlmeter, retained attorney Lawrence Kazan, and the

defendant (restraint level waived for the purpose of this proceeding).

IT IS ORDERED setting Jury Trial for June 5, 2018 at 9:00 AM before Judge Steven P. Logan in

Courtroom 501. IT IS FURTHER ORDERED setting a deadline of 21 days for all pretrial motions. 

IA: 13 min.

ARR: 2 mins.

4:18 p.m. to 4:32 p.m. and 

5:05 p.m. to 5:07 p.m.

cc: AUSA, Dft’s Cnsl, PTS, USMS, SPL

Case 2:18-cr-00422-DJH Document 17 Filed 04/06/18 Page 2 of 2
Exhibit 8.1



SUBSIDIARIES OF CHINA SOUTHERN AIRLINES COMPANY
LIMITED



The particulars of the Company’s principal
subsidiaries as of December 31, 2014 are as follows:



|Name of
        Company                                    |  | Jurisdiction
        of
        Incorporation
|---------------------------------------------------------- |  | ---------------------------------------------
|Shantou Airlines Company Limited                           |  | PRC                                          
|                                                           |  |                                              
|Zhuhai Airlines Company Limited                            |  | PRC                                          
|                                                           |  |                                              
|Xiamen Airlines Company Limited                            |  | PRC                                          
|                                                           |  |                                              
|Guizhou Airlines Company Limited                           |  | PRC                                          
|                                                           |  |                                              
|Chongqing Airlines Company Limited                         |  | PRC                                          
|                                                           |  |                                              
|Guangzhou Nanland Air Catering Company Limited             |  | PRC                                          
|                                                           |  |                                              
|Guangzhou Baiyun International Logistic Company Limited    |  | PRC                                          
|                                                           |  |                                              
|Xinjiang Civil Aviation Property Management Limited        |  | PRC                                          
|                                                           |  |                                              
|China Southern Airlines Group Air Catering Company Limited |  | PRC                                          
|                                                           |  |                                              
|Nan Lung International Freight Limited                     |  | Hong Kong                                    
|                                                           |  |                                              
|Beijing Southern Airlines Ground Services Company Limited  |  | PRC                                          
|                                                           |  |                                              
|China Southern Airlines Henan Airlines Company Limited     |  | PRC
---

Exhibit 31.1

CERTIFICATIONS

I, Joe Loeppky, Principal Executive Officer and Principal
Financial Officer of Search By Headlines.com Corp., certify that:

1.               
I have reviewed this quarterly report on Form 10-QSB of Search By Headlines.com
Corp.;

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 small business
issuer 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
small business issuer and I have:

a)               
designed such disclosure controls and procedures to ensure that material
information relating to the small business issuer, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

b)               
evaluated the effectiveness of the small business issuer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 quarterly report based on such evaluation; and

c)               
disclosed in this quarterly report any change in the small business issuers
internal control over financial reporting that occurred during the small
business issuers most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuers internal
control over financial reporting.

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

Date: December 14, 2007

*/s/ Joe Loeppky*
  Joe Loeppky, President, Secretary, Treasurer and Director 
  (Principal Executive Officer, Principal Financial Officer and
  Principal Accounting Officer)

---