alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Harry SCHREIBER, Defendant-Appellant.

No. 03-50363.

United States Court of Appeals, Fifth Circuit.

Aug. 20, 2003.

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM.*

Harry Schreiber, federal prisoner # 40454-004, appeals the denial of his “Petition to Dismiss the Order of Restitution.” He does not challenge the district court’s denial of his other motions in the same order, and any such arguments are deemed abandoned. *Yohey v. Collins,*985 F.2d 222, 224-25 (5th Cir.1993).

Schreiber maintains that the district court wrongly denied his petition to relieve *424him of restitution payments because the original order was unenforceable. He has not established any authority for challenging the restitution order at this time. *See United States v. Hatten,*167 F.3d 884, 886-87 & n. 5 (5th Cir.1999). Although the district court did not conclude that it lacked jurisdiction, this court can affirm on that ground. *See United States v. Early,*27 F.3d 140, 142 (5th Cir.1994). Because the district court lacked jurisdiction to consider the motion, his appeal is DISMISSED AS FRIVOLOUS.

Schreiber requests appointment of appellate counsel. This motion is DENIED.

Schreiber has previously been warned that the filing of further frivolous appeals could result in thé imposition of sanctions. *See United States v. Schreiber,*No. 00-50572 (5th Cir. Apr.26, 2001) (unpublished). Schreiber’s appeal, as stated above, is frivolous. Therefore, IT IS ORDERED that Schreiber must pay a monetary sanction of $100 to the clerk of this court. The clerk of this court and the clerks of all courts subject to the jurisdiction of this court are directed to return to Schreiber unfiled any submissions he should make until the fine is paid in full.

APPEAL DISMISSED AS FRIVOLOUS; MOTION FOR APPOINTMENT OF COUNSEL DENIED; SANCTIONS IMPOSED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Fourth Court of Appeals

San Antonio, Texas

November 3, 2014

No. 04-14-00739-CV

IN THE INTEREST OF L.M.D.M., a child,

From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 13426

Honorable Robert R. Barton, Judge Presiding

ORDER

The court reporter’s notification of late record is this date NOTED. The reporter’s record 

is due on November 3, 2014.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 3rd day of November, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
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 (the Report) of Acceptance Insurance Companies Inc. (the Company) for the six months ended June 30, 2003, I, Gary N. Thompson, Chief Financial Officer and Treasurer of the Company, hereby certify
pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my 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.



/s/ Gary N. ThompsonGary N. ThompsonTitle: Chief Financial Officer and TreasurerAcceptance Insurance Companies Inc.




Date: August 12, 2003



37
18565, 18578.

#### Rumph *v.*Rister *et al.;*and *vice versa.*

Argued April 14, 1954

Decided May 12, 1954

Rehearing denied May 31, 1954.

Duckworth, Chief Justice.

1. While the contract for the sale of land provides for deferred payments of monthly notes of $60 each with interest at 5% until paid on a portion of the purchase money, and this did not authorize the demand of the buyer that he be allowed to pay $60 monthly with interest payments of merely $3 — yet, where such contract contains no clause providing for the giving of a security deed by the purchaser to secure the unpaid balance, nor did it authorize any provision in the notes to accelerate their payment upon the default in the payment of one, the suit by the seller seeking rescission of the contract because of an alleged breach by the purchaser, in that he refused to sign a security deed and note for the balance of the purchase money containing a clause providing for the maturity of all deferred payments if default in the payment of any instalment is made, shows on its face that the petitioner has no cause of action, and the court erred in overruling the general demurrer thereto: *Doyal*v. *Russell,*183 *Ga.*518 (2), 533 (189 S. E. 32).

2. But no error is found in the sustaining of the special demurrers to certain paragraphs of the petition, which is excepted to in the cross-bill of exceptions, the allegations therein being" either immaterial, irrelevant, conclusions of the pleader, or lacking in specific information which the defendant had a right to know in order to prepare his defense.

*Judgment reversed on the main bill of exceptions, and affirmed on the cross-bill.*

*All the Justices concur, except Head, J., who dissents from the judgment on the main bill.*

*680
      *Walter E. Baker, Jr.,*for plaintiff in error.

*William J. Wilkerson,*contra.
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10624 Summary Calendar

MICHAEL SMITH, Plaintiff-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; ROBERT WHITE; ROBERT CHANCE; JAMES E. BOWMAN; MICHAEL SAVERS; ELIZA WIMBERLY; MARC MARSHALL, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 2:96-CV-139

- - - - - - - - - - September 20, 1996 Before HIGGINBOTHAM, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Michael Smith, prisoner #677990, appeals the district court’s dismissal of his 42 U.S.C. §§ 1983 and 1985 claims pursuant to 28 U.S.C. § 1915(d), now redesignated as § 1915(e)(2)(B)(i). Smith contends that the defendants conspiredNo. 96-10624 - 2 - to deprive him of his civil rights. Smith also contends that the defendants deprived him of due process in connection with his disciplinary hearing and by changing his classification. Smith asserts that two of the defendants were indifferent to his medical condition because they ordered him to work in muddy water without protective foot gear. We have reviewed the record and Smith’s brief and AFFIRM the district court’s dismissal for the reasons adopted by the district court. Smith v. Johnson , No. 2:96-CV-0139 (N.D. Tex. May 16, 1996). Because Smith failed to brief his claims against Wimberly, he has abandoned them. See Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993) (issues must be briefed to be preserved).
AFFIRMED.
#### J. Quintus Cohen, as Trustee of Estate of John T. Lee, Bankrupt, Appellant, *v.*American Surety Company of New York, Respondent.

(No. 2.)

First Department,

December 11, 1908.

(See head note in *CoTien*v, *American Surety Co., No. 1, ante,*p. 166.)

Appeal by the plaintiff, J. Quintus Cohen, as trustee, etc., from an order of the Supreme Cqurt, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1908, denying the plaintiff’s motion to strike the case from the Special Term calendar.

*Michel Kirtland,*for the appellant.

*Charles M. Demond*of counsel *[Henry C. Willcox,*attorney] for the respondent.

*178Clarke, J.:

For the reasons stated in the opinion handed down herewith on the appeal from the order directing that the issues raised by the equitable counterclaim aind the reply thereto be first tried at Special Term *(Cohen*v. *American Surety Co., No. 1,*129 App. Div. 166), the order appealed from should be reversed and the motion granted, with ten dollars costs and disbursements.

Patterson, P. J., and Laughlin, J., concurred; Ingraham and Scott, JJ., dissented.

Order reversed, with ten dollars costs and disbursements, and motion granted.
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





Asher
Zwebner, Interim Chief Executive Officer, Chief Financial Officer and Director
of Suspect Detection Systems, Inc. (the “Company”), certifies, under the
standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his
knowledge, the Quarterly Report on Form 10-Q of the Company for the quarter
ended June 30, 2009 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and information contained in that
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.





(1) The
Report fully complies with the requirements of Section 13(a) or 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
Registrant.




Date:
August 14  2009




By:
              /s/ Asher ZwebnerName:
              Asher
      ZwebnerTitle:
              Interim
      Chief Executive Officer,Financial
      Officer and Director(Principal
      Executive, Financial andAccounting
      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.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MICHAEL R. NEVAREZ, as Trustee of the 

1010 S. Oregon Family Trust, in rem only, 

GLORIA GONZALEZ, in rem only, and 

IRENE JOHNSON a/k/a IRENE GONZALEZ 

JOHNSON, in rem only,

Appellants,

v.

THE CITY OF EL PASO,

Appellee.

§

§

§

§

§

§

§

No. 08-22-00061-CV

Appeal from the

327th Judicial District Court

of El Paso County, Texas

(TC# 2011TX569)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. We further order that Appellee 

recover from Appellants and their sureties, if any, see TEX. R. APP. P. 43.5, for performance of the 

judgment and all costs, both in this Court and the court below, for which let execution issue. This 

decision shall be certified below for observance.

IT IS SO ORDERED THIS 9TH DAY OF MAY, 2023.

GINA M. PALAFOX, Justice

Before Rodriguez, C.J., Palafox, and Soto, J.J.
**Exhibit
      32.1**




**Statement
      Furnished Pursuant to Section 906 of the**


**Sarbanes-Oxley
      Act of 2002, 18 U.S.C. Section 1350**







**Exhibit
      32.1**




**STATEMENT
      FURNISHED PURSUANT TO SECTION 906 OF THE**


**SARBANES-OXLEY
      ACT OF 2002,**


**18
      U.S.C. SECTION 1350**




The
      undersigned, Michael Mellon, is the President and Chief Executive Officer of
      AMB
      Financial Corp. (the “Company”).




This
      statement is being furnished in connection with the filing by the Company of
      the
      Company’s Annual Report on Form 10-KSB for the year ended December 31, 2007 (the
“Report”).




By
      execution of this statement, I certify that:




1.
            the
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934 [15 U.S.C. 78m(a) or 78o(d)]
                and




2.
            the
                information contained in the Report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company
                as of the dates and for the periods covered by the
                Report.




This
      statement is authorized to be attached as an exhibit to the Report so that
      this
      statement will accompany the Report at such time as the Report is filed with
      the
      Securities and Exchange Commission pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, 18 U.S.C. Section 1350. It is not intended that this statement
      be
      deemed to be filed for purposes of the Securities Exchange Act of 1934, as
      amended.




March
                28, 2008
            /s/
                Michael MellonDate
            Michael
                MellonPresident
                and Chief Executive Officer
[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Page 47968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18900]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UTU 85338]


Public Land Order No. 7697; Transfer of Public Land for the 
Crescent Junction Uranium Mill Tailings Repository; Utah; Correction

AGENCY: Bureau of Land Management, Interior.

ACTION: Correction.

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

SUMMARY: The Bureau of Land Management published a document in the 
Federal Register on March 31, 2008, transferring public land to the 
Department of Energy. The document contained some errors in the land 
description.

FOR FURTHER INFORMATION CONTACT: Mary von Koch, 435-259-2128.

Correction

    This action corrects the land description in Public Land Order No. 
7697 published in FR Doc. E8-6598, March 31, 2008, page 16900, column 
2, as follows:
    The entire legal description which reads:

``T. 21 S., R. 19 E.,
    Sec. 22, SE\1/4\SE\1/4\SW\1/4\;NE\1/4\SW\1/4\SE\1/4\, S\1/
2\SW\1/4\SE\1/4\, and SE\1/4\SE\1/4\;
    Sec. 23, S\1/2\NE\1/4\SW\1/4\, S\1/2\NW\1/4\SW\1/4\, and S\1/
2\SW\1/4\;
    Sec. 26, N\1/2\NW\1/4\, N\1/2\SW\1/4\NW\1/4\, and NW\1/4\SE\1/
4\NW\1/4\;
    Sec. 27, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/4\, 
SW\1/4\SE\1/4\NE\1/4\, E\1/2\NE\1/4\NW\1/4\, and E\1/2\SE\1/4\NW\1/
4\.'' is hereby corrected to read:

``Salt Lake Meridian

T. 21 S., R. 19 E.,
    Sec. 22, SE\1/4\SE\1/4\SW\1/4\, NE\1/4\SW\1/4\SE\1/4\, S\1/
2\SW\1/4\SE\1/4\, and SE\1/4\SE\1/4\;
    Sec. 23, S\1/2\S\1/2\N\1/2\SW\1/4\, S\1/2\SW\1/4\, and W\1/
2\SW\1/4\SW\1/4\SE\1/4\;
    Sec. 26, W\1/2\W\1/2\NW\1/4\NE\1/4\, N\1/2\NW\1/4\, N\1/2\SW\1/
4\NW\1/4\, N\1/2\NE\1/4\SE\1/4\NW\1/4\, and NW\1/4\SE\1/4\NW\1/4\;
    Sec. 27, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/4\, 
SW\1/4\SE\1/4\NE\1/4\, E\1/2\NE\1/4\NW\1/4\, and E\1/2\SE\1/4\NW\1/
4\.''

    Dated: August 8, 2008.
Kent Hoffman,
Deputy State Director, Division of Land and Minerals.2
[FR Doc. E8-18900 Filed 8-14-08; 8:45 am]
BILLING CODE 6450-01-P
**Exhibit 32.2**

**CERTIFICATION**

     Inconnection with the Annual Report on Form 10-K of Stratasys, Inc. (the“Company”) for the period ended December 31, 2007, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Robert F.Gallagher, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. § 1350, that: 

     (1) TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and 

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

 

Date: March 14,      2008  /s/ ROBERT      F. GALLAGHER                    Robert      F. Gallagher    Chief      Financial Officer
#### George W. Snyder and Benjamin T. Snyder, Appellants, v. John F. McEvoy, Respondent.

Judgment of the Municipal Court affirmed, with costs. No opinion. Woodward, Hooker, Gaynor, Rich and Miller, JJ., concurred.
[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Page 48221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18874]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; FSH and Aging.
    Date: September 10, 2008.
    Time: 12 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue 2C212, Bethesda, MD 20892, (Telephone Conference 
Call).
    Contact Person: Elaine Lewis, PhD, Scientific Review 
Administrator, Scientific Review Office, National Institute on 
Aging, Gateway Building, Suite 2C212, MSC-9205, 7201 Wisconsin 
Avenue, Bethesda, MD 20892, 301-402-7707, <a href="/cdn-cgi/l/email-protection#46232a272f28232a23312f3506282f2768282f2e68212930"><span class="__cf_email__" data-cfemail="71141d10181f141d14061802311f18105f1f18195f161e07">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: August 8, 2008.
Anna Snouffer,
Deputy Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-18874 Filed 8-15-08; 8:45 am]
BILLING CODE 4140-01-M


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</html>
December 4, 2012

JUDGMENT

The Fourteenth Court of Appeals

COREY DESHUN FARROW, Appellant

NO. 14-11-00449-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. Having 

considered the record, this Court holds that there was no error in the judgment. The 

Court orders the judgment AFFIRMED.

We further order this decision certified below for observance.
EXHIBIT 32.1

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                            AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Greater China Acquisition Corp. (the
"Company") on Form 10-QSB for the quarter ending September 30, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William Tay, Chief Executive Officer and Chief Financial Officer of the
Company, certify to the best of my 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.

A signed original of this written statement required by Section 906, another
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version 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.

GREATER CHINA ACQUISITION CORP.


/s/ William Tay
--------------------------------
By: William Tay
Title: Chief Executive Officer,
Principal Financial Officer and Director

Dated: October 24, 2007
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MIAKKAR L. BROWN

, Appellant,

v.

STATE OF FLORIDA

, Appellee.

No. 4D2023

- 1822

[November 16, 2023]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Fifteenth Judicial Circuit, Palm Beach County; Hon. Caroline C.

Shepherd, Judge; L.T. Case No. 502004CF003240.

Miakkar L. Brown, Indiantown, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed

.

M AY

, G ERBER and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### NATIVE v. HAVERTY FURNITURE CO.

No. 14662.

Court of Appeal of Louisiana. Orleans.

April 23, 1934.

ffm, J. Guste, of New Orleans, for appellant.

John A. Woodville, of New Orleans, for ap-pellee.

WESTERFIELD, Judge.

Angelina Native, a negro washerwoman, purchased from the Haverty Furniture Company a bed, bed spring, mattress, dressing table, and bench for the sum of $64.25 and agreed to pay for the furniture on the installment plan.' She made a number of payments but evidently without sufficient regularity because on the 8 th day of March, 1933, the Haverty Furniture Company removed the furniture from her residence to their place of business. Thereafter Angelina Native brought this suit claiming $300 as damages for the alleged unlawful removal of her property.

The trial court allowed $150 and defendant has appealed.

The sole question, one of fact, is whether the consent of Angelina Native had been obtained before the furniture was removed, for without such consent the defendant is clearly liable in damages for the seizure of the furniture without resorting to process of law.

On behalf of defendant it is contended that a written agreement was entered into with a person whom they believed to be Angelina Native, but who it afterwards developed was her daughter, for the return of the furniture in discharge of the balance of the purchase price. This agreement, it is alleged, was signed with a cross-mark because of the inability of the person signing it to write her name.

On the trial of the case the plaintiff and her daughter and another occupant of the house denied that any agreement, written or verbal, had been made with the defendant to the effect claimed. This testimony prevailed with the court, a qua, over that of the agents of the defendant to the contrary. It developed on the trial that both Angelina Native and her daughter, Anna Lindsey, could sign their names and did so in the presence of the court. In our opinion it is exceedingly unlikely that any one with the ability to write would pretend otherwise, particularly if her education did not extend much beyond that point, as is apparently the case here. We see no reason to disturb the finding of the trial court on the issue of fact.

Defendant contends that the amount allowed plaintiff is excessive. The plaintiff is a very humble member of society whose sensibilities may not be as highly developed as those of others more fortunately situated, nevertheless, we cannot countenance or condone the invasion of the legal rights of the humblest citizen. However, we believe that $150 is somewhat excessive and should be reduced to $100.

For the reasons assigned, the judgment appealed from is amended by reducing the amount allowed from $150 to $100, and, as thus amended, it is affirmed.

Amended and affirmed.
18492.

#### Fulton County *et al. v.*Hudgins.

Argued February 9, 1954

Decided March 9, 1954.

*Harold Sheats, E. A. Wright, Standish Thompson,*for plaintiffs in error.

*John L. Westmoreland, John L. Westmoreland, Jr., J. Ralph McClelland, Jr.,*contra.

Hawkins, Justice.

This case is controlled by the decision this day rendered in *Fulton County*v. *Spratlin,*ante.

*Judgment reversed.*

*All the Justices concur.*