alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Peter WALSH, Plaintiff and Appellee, v. Charles Alvin BERTEL, Defendant and Appellant.

No. 16139.

Court of Appeal of Louisiana. Orleans.

June 26, 1936.

L. F. Daspit and Montgomery & Montgomery, all of New Orleans, for plaintiff.

Harold A. Moise and Monroe & Le-mann, all of New Orleans (Nicholas Cal-lan, of New Orleans, of counsel), for defendant.

PER CURIAM.

In this matter, which is an action for damages for slander in which the sum of $25,000 is claimed and in which there was judgment -below for plaintiff for $500, counsel .representing all parties in interest have filed a motion to transfer the cause to the Supreme Court upon the ground that this court is without jurisdiction, ratione materias, for the reason that the amount involved exceeds our maximum jurisdiction.

Considering the joint motion of counsel and the possibility of an award in excess of our jurisdiction, the case will be transferred. See Jackson v. Briede, 156 La. 573, 100 So. 722; Schwing v. Dunlap, 130 La. 498, 58 So. 162; Tulane Law Review, vol. X, No. 2, p. 307.

It is therefore ordered, adjudged, and decreed that this appeal be, and it is, transferred to the Supreme Court of Louisiana to be disposed of according to law, the transfer to be made within 60 days after this judgment becomes final, and, if not so made, then the appeal to be deemed dismissed; appellant to pay the cost of appeal in this court, the remaining costs to await final determination of the matter.

Transferred to Supreme Court.
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

 

We consent to the incorporation by reference in Post Effective Amendment No. 1 to Registration Statement No. 33-94914 on Form S-8, Registration No. 333-30237 on Form S-8, Registration No. 333-122627 on Form S-8, Registration No. 333-138971 on Form S-8, Registration No. 333-33535 on Form S-3, Registration No. 333-26539 on Form S-3 and Registration No. 333-11507 on Form S-3 of Hirsch International Corp. and Subsidiaries of our report dated March 5, 2007 appearing in this Annual Report on Form 10-K of Hirsch International Corp. and Subsidiaries for the eleven months ended December 31, 2006.

 

/s/ BDO Seidman, LLP                

BDO Seidman, LLP

Melville, New York

March 28, 2007
I

104TH CONGRESS

1ST SESSION H. R. 52

To amend the Internal Revenue Code of 1986 to restore the 25 percent

deduction for the health insurance costs of self-employed individuals

for 1994 and to provide a 100 percent deduction for such costs beginning

in 1995.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. POMEROY (for himself, Mr. MINGE, Mr. STUPAK, Mr. BOUCHER, Mr.

PORTMAN, Mr. DURBIN, Mr. ACKERMAN, Mr. DOYLE, Ms. KAPTUR, Mr.

GILCHREST, Mr. INGLIS of South Carolina, Mr. GILLMOR, Mr. MURTHA,

Mr. CHAPMAN, Mr. OWENS, Mr. SMITH of New Jersey, Mr. KIM, Mr.

COYNE, Mr. REYNOLDS, Mr. ROHRABACHER, Mrs. VUCANOVICH, Mr. PETERSON of Minnesota, Mr. LIPINSKI, Mr. SANDERS, Mr. MCHALE, Mr.

BACHUS, Ms. PRYCE, Mr. WISE, Mr. HINCHEY, Mr. GUNDERSON, Mr.

BLUTE, Mr. CASTLE, Mr. DICKEY, Mr. TALENT, Mr. BAESLER, Mr.

ROEMER, Mr. HEFNER, Mr. EMERSON, and Mr. BARRETT of Nebraska)

introduced the following bill; which was referred to the Committee on

Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to restore

the 25 percent deduction for the health insurance costs

of self-employed individuals for 1994 and to provide a

100 percent deduction for such costs beginning in 1995.

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

•HR 52 IH

1 SECTION 1. DEDUCTION FOR HEALTH INSURANCE COSTS

2 OF SELF-EMPLOYED INDIVIDUALS.

3 (a) DEDUCTION MADE PERMANENT; 25 PERCENT

4 DEDUCTION FOR TAXABLE YEARS BEGINNING IN 1994.—

5 (1) IN GENERAL.—Subsection (l) of section 162

6 of the Internal Revenue Code of 1986 (relating to

7 special rules for health insurance costs of self-em8 ployed individuals) is amended by striking paragraph

9 (6).

10 (2) EFFECTIVE DATE.—The amendment made

11 by paragraph (1) shall apply to taxable years begin12 ning after December 31, 1993.

13 (b) DEDUCTION INCREASED TO 100 PERCENT.—

14 (1) IN GENERAL.—Paragraph (1) of section

15 162(l) of such Code is amended by striking ‘‘25 per16 cent’’ and inserting ‘‘100 percent’’.

17 (2) EFFECTIVE DATE.—The amendment made

18 by paragraph (1) shall apply to taxable years begin19 ning after December 31, 1994.

Æ
Exhibit 21.1(2)



DCT-21-2003     11=24    PflRflSEC/PflRflCORP-NEUflDfl   BBS  886  71GB     P. 0

                                                                  OCT 2 0 MB3

                                                                    IHtl
                            ARTICLES OF INCORPORATION



Article #1:  The name of the corporation is:

                           CAPITOL DEVELOPMENT, INC.

Article #2:  The name and address of the Resident Agent is:

              Paracorp Incorporated 318
              N Carson St #208
              Carson City NV 89701

Article #3: The type of business is to engage in any lawful activity for which a
corporation may be duly organized under the General Corporation Law of Nevada.

Article #4: The total authorized capital of the corporation is: 1O,000 shares at
a par value of $.01

Article #5: The  governing  board of the  corporation  is One  director(s),  The
number of directors may be changed by the board. The director's name and address
is as follows:

              Michael G Todd
              900 N Federal Hwy #410
              BocaRaton, FL 33432


Article #6: All shares are non-assessable at this time.

Article #7: The  liability  of the  directors  of the  corporation  for monetary
damages shall be eliminated to the fullest extent permissible under Nevada Law.

Article #8: The  corporation  is  authorized  to  indemnify  the  directors  and
officers of the corporation to the fullest extent permissible under Nevada Law.


Article #9: The corporation shall have perpetual existence.


<PAGE>
DCT-21-2003  11=24    PflRflSEC/F'HRfiCQRP-NEUfiDiH       88S  886  7168  P. 133



Article #10: The name and address of the incorporator is as follows:



              Michele Calkins
              Paracorp Incorporated
              318 N Carson St #208
              Carson City, NT 89701


 Signature:
              ----------------------





              CERTIFICATE OF ACCEPTANCE OF APPOINTMENT OF RESIDENT AGENT:





I, Michele Calkins do


                               hereby accept appointment as Resident Agent
/s/ Michele Calkins                for the above
-----------------------------
    Michele Calkins
(Signature of Resident Agent)  For Paracorp Incorporated  Date; October 20, 2003
                               -------------------------
#### STATE of Missouri, Plaintiff-Respondent, v. Donald GREEN, Defendant-Appellant.

No. 65687.

Missouri Court of Appeals, Eastern District, Division One.

Jan. 7, 1997.

Terence W. Niehoff, St. Louis, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

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

ORDER

PER CURIAM.

Defendant appeals from the judgment on his conviction by a jury of possession of a controlled substance in violation of § 195.202, RSMo 1994, for which he was sentenced as a prior and persistent offender to a term of twenty years’ imprisonment. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The judgment is affirmed in accordance with Rule 30.25(b).
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,**




In
      connection with the Quarterly Report on Form 10-QSB of Lightning Gaming, Inc.
      (the “Registrant”) for the period ending December 31, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Brian
      Haveson, Chief Executive Officer of the Registrant, and I, Robert Ciunci, Chief
      Financial Officer of the Registrant, certify, pursuant to 18 U.S.C. §
1350  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
                Registrant at the dates and fro the periods
                indicated.




A
      signed original of this written statement, or other document authenticating,
      acknowledging, or otherwise adopting the signatures that appear in typed form
      within the electronic version of this written statement, has been provided
      to
      the Registrant and will be retained by the Registrant and furnished to the
      Securities and Exchange Commission or its staff upon request.





This
      Certification has not been, and shall not be deemed, “filed” with the Securities
      and Exchange Commission.





Date: 
      February 19, 2008


By: 
      /s/ Brian Haveson


Brian
      Haveson


Chief
      Executive Officer








Date: 
      February 19, 2008


By: 
      /s/ Robert Ciunci





Robert
      Ciunci


Chief
      Financial Officer
Exhibit 32

Certification of Interim Chief
Executive Officer and Chief
Financial Officer  under Section 906 of the Sarbanes-Oxley Act of 2002

I
hereby certify that the Annual Report on Form 10-K of OSullivan Industries Holdings,
Inc. for the fiscal year ended June 30, 2005 fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the
information contained in such annual report fairly presents, in all material respects, the
financial condition and results of operations of OSullivan Industries Holdings, Inc.

|                                 |                                                                                                      
|-------------------------------- | -----------------------------------------------------------------------------------------------------
|
|                                 |                                                                                                      
|Date:   
          April 7, 2006 | /s/ Rick A. Walters                                                                                  
|                                 | Rick A. Walters
Interim Chief Executive Officer, Executive Vice President and Chief Financial Officer

A signed original of this written
statement required by Section 906 has been provided to OSullivan Industries
Holdings, Inc. and will be retained by OSullivan Industries Holdings, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

---
*After examining the briefs and appellate record, this panel has determined

unanimously to grant the parties’ request for a decision on the briefs without oral

argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The case is

therefore ordered submitted without oral argument. This order and judgment is

not binding precedent, except under the doctrines of law of the case, res judicata,

and collateral estoppel. The court generally disfavors the citation of orders and

judgments; nevertheless, an order and judgment may be cited under the terms and

conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

JAN 30 2003

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ELEAZAR SOLIS,

Petitioner - Appellant,

v.

T. C. PETERSON, Warden,

Respondent - Appellee.

No. 02-6225

D.C. No. CIV-02-169-C

(W.D. Oklahoma)

ORDER AND JUDGMENT*

Before EBEL, LUCERO and O’BRIEN, Circuit Judges.

Eleazar Solis, an inmate at the Federal Correction Institute in El Reno,

Oklahoma, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241 in the

District Court for the Western District of Oklahoma. Solis wishes to retroactively

challenge his sentence in light of the United States Supreme Court’s decision in

Apprendi v. New Jersey, 530 U.S. 466 (2000). 
- 2 -

The district court construed Solis’s petition as a § 2255 petition and

dismissed it for lack of jurisdiction. Petitions filed under § 2255 must be filed in

the district court where the petitioner was sentenced. 28 U.S.C. § 2255. 

Although Petitioner was sentenced in the Western District of Michigan, this

petition was filed in the Western District of Oklahoma. For substantially the

same reasons as stated by the district court in its Order of June 6, 2002,

dismissing the appeal, we DENY a certificate of appealability and AFFIRM the

dismissal.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge
Opinion issued May 16, 2013

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-13-00149-CR

———————————

EX PARTE JESUS BRAVO ESTEBAN, Applicant

On Appeal from the County Criminal Court at Law No. 1

Harris County, Texas

Trial Court Case No. 1857690

MEMORANDUM OPINION

Applicant, Jesus Bravo Esteban, has moved to dismiss the appeal. The 

motion complies with Texas Rule of Appellate Procedure 42.2(a). See TEX. R.

APP. P. 42.2(a). We have not issued a decision in the appeal. The Clerk of this 

Court has sent a duplicate copy of the motion to the trial court clerk. See id.
2

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We direct 

the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX.

R. APP. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.

Do not publish. TEX. R. APP. P. 47.2(b).
FREDDIE LAWRENCE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D13-5083

_____________________________/

Opinion filed October 23, 2014.

An appeal from the Circuit Court for Duval County.

Mallory D. Cooper, Judge.

Freddie Lawrence, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Lauren Brudnicki, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Freddie Lawrence, appeals an order summarily denying his 

motion for postconviction relief filed pursuant to Florida Rule of Criminal 

Procedure 3.850 and challenges the denial of relief as to Grounds 4 and 11. We 
agree with the State’s concession that reversal is warranted as to Ground 4 given 

that the record attachments do not conclusively refute Appellant’s allegation that 

trial counsel told him the night before trial that she rejected the State’s plea offer

because she was ready to proceed to trial. See Wainwright v. State, 896 So. 2d 

695, 698 (Fla. 2004) (noting that a defendant is entitled to an evidentiary hearing 

on a postconviction relief claim unless the motion and record conclusively show 

that he or she is entitled to no relief or where the claim is legally insufficient). As 

such, we reverse the order as to Ground 4 and remand with instructions that the 

trial court hold an evidentiary hearing on the claim or attach portions of the record 

conclusively refuting the claim. 

As for Ground 11, in which Appellant claimed that, pursuant to Montgomery 

v. State, 70 So. 3d 603 (Fla. 1st DCA 2009), the trial court committed fundamental 

error during his trial by giving an erroneous manslaughter by act jury instruction,

we agree with the State’s contention that the claim was untimely and that none of 

the exceptions to the two-year time limitation in rule 3.850 are applicable to this 

claim. See Fla. R. Crim. P. 3.850(b) (providing for a two-year time limitation in 

which to file a postconviction claim); see also Surinach v. State, 110 So. 3d 95, 95 

(Fla. 2d DCA 2013) (“Amended motions for postconviction relief are subject to the 

two-year time limit for filing rule 3.850 motions unless they merely enlarge an 

issue or issues raised in the original motion.”). To the extent that Appellant argues 

2
in this proceeding that his appellate counsel was ineffective in failing to raise the 

erroneous jury instruction issue in his direct appeal, we dismissed Appellant’s 

habeas corpus petition raising that argument because it too was untimely. See

Lawrence v. State, 92 So. 3d 855 (Fla. 1st DCA 2012).1 

AFFIRMED in part; REVERSED in part; and REMANDED with 

instructions. 

LEWIS, C.J., BENTON and RAY, JJ., CONCUR.

1 Appellant’s direct appeal was pending when we issued our decision in 

Montgomery, holding that intent to kill is not an element of manslaughter by act 

and that it was fundamental error to give an instruction suggesting that the State 

was required to prove intent to kill to prove the crime of manslaughter. See 70 So. 

3d at 604-07. 

3
#### Malcolm J. CLARK, III, Appellant, v. STATE of Missouri, Respondent.

No. 70163.

Missouri Court of Appeals, Eastern District, Division One.

Dec. 24, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 5, 1997.

Judy A McKinsey, Frank A Anzalone, Anzalone & Fiser, Clayton, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa A Fischer, Asst. Atty. Gen., Jefferson City, for respondent.

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

*ORDER*

PER CURIAM.

Appellant, Malcolm J. Clark, III, appeals the judgment of the Circuit Court of St. Louis County denying his Rule 29.15 motion without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment is not clearly erroneous. As an extended opinion would serve no jurisprudential purpose, we affirm the judgment pursuant to Rule 84.16(b). A memorandum, solely for the use of the parties involved, has been provided explaining the reasons for our decision.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 584 Reported in House (RH)]

                                                  Union Calendar No. 17
104th CONGRESS
  1st Session
                                H. R. 584

                          [Report No. 104-35]

 To direct the Secretary of the Interior to convey a fish hatchery to 
                           the State of Iowa.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1995

  Mr. Leach introduced the following bill; which was referred to the 
                         Committee on Resources

                           February 15, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of the Interior to convey a fish hatchery to 
                           the State of Iowa.

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

SECTION 1. CONVEYANCE OF THE FAIRPORT NATIONAL FISH HATCHERY TO THE 
              STATE OF IOWA.

    (a) Conveyance.--Within 180 days after the date of the enactment of 
this Act, the Secretary of the Interior shall convey to the State of 
Iowa without reimbursement all right, title, and interest of the United 
States in and to the fish hatchery described in subsection (b) for use 
by the State for purposes of fishery resources management.
    (b) Hatchery Described.--The fish hatchery described in subsection 
(a) is the Fairport National Fish Hatchery located in Muscatine County, 
Iowa, adjacent to State Highway 22 west of Davenport, Iowa, including 
all real property, improvements to real property, and personal 
property.
    (c) Use and Reversionary Interest.--The property conveyed to the 
State of Iowa pursuant to this section shall be used by the State for 
purposes of fishery resources management, and if it is used for any 
other purpose all right, title, and interest in and to all property 
conveyed pursuant to this section shall revert to the United States.
                                     

                                                  Union Calendar No. 17

104th CONGRESS

  1st Session

                               H. R. 584

                          [Report No. 104-35]

_______________________________________________________________________

                                 A BILL

 To direct the Secretary of the Interior to convey a fish hatchery to 
                           the State of Iowa.

_______________________________________________________________________

                           February 15, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
<PAGE>
                                      1999
                          CERTIFICATE OF REINSURANCE



                                   FOR THE
                          AGREEMENT OF REINSURANCE
                                 BETWEEN THE
               WORKERS' COMPENSATION REINSURANCE ASSOCIATION
                                      AND



                 AMERICAN COMPENSATION INSURANCE COMPANY














JANUARY 1, 1999 - DECEMBER 31, 1999                    RETENTION LIMIT: $290,000



This certifies that the entity named above is a Member of the Workers' 
Compensation Reinsurance Association (Association) as of the date indicated 
below, and that the Association reinsures the Member's liability for benefits 
pursuant to Minn. Stat. Ch. 176 in excess of the Member's retention limit for 
the period indicated above. This certificate shall not be valid for any 
portion of the indicated period during which the entity is not a Member of 
the Association.


                                       Workers' Compensation
                                       Reinsurance Association

                                                /s/ Jay Y. Benanav
                                       --------------------------------------
                                       Jay Y. Benanav

                                       President and Chief Executive Officer

                                       Dated: February 1, 1999




 445 Minnesota Street, Suite 600, St. Paul, MN 55101-2125 Phone: (651) 293-0999
                             Fax: (651) 293-0719