alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Worthy SIDERS, Jr., Appellant, v. OHIO RIVER COMPANY, Appellee.

No. 71-1937.

United States Court of Appeals, Third Circuit.

Submitted Under Third Circuit Rule 12(6) Oct. 3, 1972.

Decided Oct. 26, 1972.

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

Anthony J. Polito, Rose, Schmidt & Dixon, Pittsburgh, Pa. (Judith A. Brown, Pittsburgh, Pa., of counsel), for appellee.

Before SEITZ, Chief Judge, and HASTIE and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from a judgment of the district court denying appellant Si-ders’ claim for “maintenance and cure.” The district court, in a well-written opinion, 351 F.Supp. 987, held that appellant did not prove that he had become mentally or physically ill in any substantial way while on appellee’s ship. The court found alternatively that appellant could be denied recovery because during his pre-employment physical, he wilfully concealed information about his prior poor health.

Appellant presents three grounds for reversal:

> 1) the district court’s findings of fact and conclusions of law are clearly erroneous as to what appellant had to prove to recover maintenance and cure;

> 2) the district court applied the wrong legal standard as to what eon-constitutes wilful misrepresentation;

> 3) appellant was denied a right to a jury trial because his “maintenance and cure” claim was joined with a claim based on the Jones Act under which he had a right to a jury trial.

Appellant’s arguments are without merit: He has presented nothing to give us “the definite and firm conviction that a mistake has been committed” that is necessary to hold that a district court’s findings of fact were “clearly erroneous” under Rule 52(a) of the Federal Rules of Civil Procedure. United States v. United States Gypsum Co., 333 U.S. 364, 394-395, 68 S.Ct. 525, 92 L.Ed. 746 (1948). For the reasons set forth in its opinion, we hold that the district court correctly applied the law to these facts. It also used the proper standard to determine what constitutes wilful misrepresentation. McCorpen v. Central Gulf Steamship Corporation, 396 F.2d 547 (5th Cir. 1968).

Appellant was entitled to a trial by jury on both his Jones Act and maintenance and cure claims if he presented a request for one. Fitzgerald v. U. S. Lines Co., 374 U.S. 16, 83 S.Ct. 1646, 10 L.Ed.2d 720 (1962). It does not appear that he made such a request. There is not one in his complaint; there *1094is no showing that he objected to a non-jury trial; he did not list this argument as a grounds for error in his motion for a new trial, and he raises it for the first time on appeal. He has clearly waived his right to a jury trial. *See, e. g.,*Main Line Theatres, Inc., v. Paramount Film Distrib. Corp., 298 F.2d 801 (3d Cir. 1962); 5 Moore’s Federal Practice ¶ 38.43. Additionally, the record supports a conclusion that his maintenance and cure claim was severed from his Jones Act claim (which carried the right to trial by jury) at appellant’s request so as to permit an expedited trial of the former claim.

The judgment of the district court will be affirmed.
**EXHIBIT 32.2**

 

**P&F INDUSTRIES, INC.**

 

**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 of P&F Industries, Inc. (the “Company”) for the period ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Joseph A. Molino, Jr., Principal Financial Officer of the Company, hereby certifies, 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 Company.

 

 
| /s/  Joseph A. Molino, Jr. |   |   |
|---------------------------------|--------|--------|
| Joseph A. Molino, Jr.      |   |
| Principal Financial Officer     |   |
| November 11, 2005          |   |

 

1

----
<PAGE>   1
                                                                    EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-80147) pertaining to the 1993 Stock Option Plan, 1994 Directors'
Stock Option Plan and Directors' Warrants of SigmaTron International, Inc. of
our report dated June 29, 2000 with respect to the consolidated financial
statements and schedule of SigmaTron International, Inc. included in the Annual
Report (Form 10-K) for the year ended April 30, 2000.

                                       /s/ ERNST & YOUNG LLP


Chicago, Illinois
July 24, 2000
#### On the Petition of William W. Smith for a Habeas Corpus.

It is the duty of the court, when called upon to decide as to who shall have the custody of infant orphans, to consult the best interests of the children.

Smith filed his petition stating, that, by the Probate Court of Logan county, he had been appointed guardian of Mary Alex*139ander, aged thirteen years, and her brother John, aged eight years. That said children were the heirs of one Augustus Alexander, deceased. That the mother of the children was also deceased. That he demanded the custody of Mary from Thomas Shoup, and that of John from John Handsby, who had the said children in their keeping.

Shoup, in his return to the writ, stated, that the infant Mary was placed in his hands by her father about the time of his death, with the request that he should take charge of her, and find her a good place at which she might be raised and receive proper instruction. That he had found such a place, and was about to have the child removed to the family of one Dr. Fair, in pursuance of his promise to the father. That Smith was not a suitable person to have the custody of the child.

Handsby answered, that the father of John, about the time of his death, gave the child to him, to be raised by him until the child should arrive at majority; and that Smith was not a suitable person, from his habits and demeanor, to have the care and custody of the child. Proofs were taken, which corroborated the facts set out in the answers to the writ of Shoup and Handsby.

W. H. Herndon and W. J. Ferguson, for petitioner.

Stuart & Edwards and L. P. Lacy, for respondents.

Per Curiam.

Alexander died in December, 1851, leaving a daughter aged thirteen, and a son aged eight years. In his last sickness he requested Shoup to take charge of and educate the daughter; and he made a like request of Handsby respecting the son. In January, 1852, Smith was appointed guardian of the children, and claimed the right to control them, which was denied by Shoup" and Handsby. He then sued out a writ of *habeas corpus*from this court for the purpose of obtaining the custody of the children. The application is resisted by Shoup and Handsby. It appears, from the evidence, that the children prefer to remain with Shoup and Handsby, from whom they receive proper care and attention. The evidence also tends to *140show that Smith is not a suitable person to have the custody of the children. In this state of the case, the court will not interfere, but leave the children where their father placed them, and where they desire to remain. It is the duty of the court, on this application, to consult the best interests of the children; and that would not be done by putting them under the control of the petitioner. *2*Kent’s Comm. 194. See also Cowls *v.*Cowls, 3 Gilm. 435, and Miner *v.*Miner, 11 Ill. 43.

Under the circumstances of the case, the children are not improperly detained, "and the application of the guardian must be refused.

*Application refused.*
JOHN F. OSBORN

,

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. 1D 16

- 0902

_________ ____________________/

Opinion filed August 22, 2016.

An appeal from an order of the Circuit Court for Bay County

. James B. Fensom , Judge

.

John F. Osborn, pro se , Appellant.

Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Ass istan t Attorney

Gene ral, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, LEWIS, and OSTERHAUS, JJ., CONCUR.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

November 25, 2013

s1118 

# Order

Clerk November 25, 2013

147459 & (20)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 147459

COA: 312326

Wayne CC: 06

- 004397

- FC

ANTONIO DAVIS

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 30 , 2013 order

of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The

motion to stay is DENIED.
##### 



Exhibit 32.1
 CERTIFICATION PURSUANT TO 18 U.S.C. § 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 as of the
dates and for the periods expressed in the Report.
  By:
    
    /s/ Philip Cook

Philip Cook
    
    
    
    By:
    
    /s/ Thomas F. Darden

Thomas F. DardenSenior Vice President  Chief Financial Officer
    
    
    
    
    
    President and Chief Executive Officer
**Exhibit
23.1**
 
 
 **Consent
of Independent Certified Public Accountants**
 
 We hereby
consent to the incorporation by reference into Registration Statement Nos.
33-93362, 333-32782 and 333-116210 on Form S-8 and Registration Statement No.
333-108816 on Form S-3, of our reports relating to the financial statements and
financial statement schedule of Stratasys, Inc. and management's report of the
effectiveness of internal control over financial reporting, appearing in this
Amendment No. 1 to the Annual Report on Form 10-K of Stratasys, Inc. for the
year ended Decemebr 31, 2004.
  ****/s/ Rothstein, Kass &
      Company, P.C.
 Roseland,
New Jersey
 March 23,
2005
<PAGE>

                                  Exhibit 11.1

                           Soligen Technologies, Inc.

                        Computation of Net Loss Per Share

<TABLE>
<CAPTION>

                                                              Fiscal Year Ended March 31,
                                                         ------------------------------------
                                                              1998                   1997
                                                         -------------------    -------------------

            <S>                                           <C>                    <C>
            Weighted average number
               of common shares                             32,351,000             30,233,000

            Net loss                                      $   (969,000)          $ (1,492,000)

            Net loss per share (basic and diluted)           $  (0.03)               $  (0.05)
</TABLE>
Exhibit 15




May 14, 1999



Orion Capital Corporation
Farmington, Connecticut

We have made a review, in accordance with standards  established by the American
Institute of Certified Public  Accountants,  of the unaudited  interim financial
information of Orion Capital  Corporation and subsidiaries for the periods ended
March 31, 1999 and 1998,  as indicated in our report dated May 7, 1999;  because
we did not perform an audit, we expressed no opinion on that information.

We consent to the  incorporation  by reference in  Registration  Statements  No.
2-80636 and No. 333-58941 on Form S-8 relating to the Orion Capital  Corporation
1982 Long-Term Performance Incentive Plan, No. 333-58905 on Form S-8 relating to
Orion Capital  Corporation  Equity Incentive Plan, No. 2-63344 and No. 333-58889
on Form S-8 relating to the Orion Capital  401(K) and Profit  Sharing Plan,  No.
33-59847 and No. 333-58939 on Form S-8 relating to the Orion Capital Corporation
1994 Stock Option Plan for Non- Employee  Directors,  No.  333-44901 on Form S-8
relating to the Wm. H. McGee & Co., Inc.  401(K) and Profit  Sharing  Plan,  No.
333-55671 on Form S-8 relating to Orion  Capital  Corporation  Employees'  Stock
Purchase Plan, and No.333-62951 on Form S-8 relating to Retirement  Savings Plan
for Employees of Guaranty National Insurance Company, of our report dated May 7,
1999,   appearing  in  this  quarterly  report  on  Form10-Q  of  Orion  Capital
Corporation for the quarter ended March 31, 1999.

We also are aware that the aforementioned report,  pursuant to Rule 436(c) under
the  Securities  Act, is not  considered  a part of the  Registration  Statement
prepared or certified by an accountant  or a report  prepared or certified by an
accountant within the meaning of Sections 7 and 11 of that Act.

DELOITTE & TOUCHE LLP



Hartford, Connecticut
**Annual
      Statement of Compliance**





VIA:
      EMAIL





Morgan
      Stanley Capital I Inc.


1585
      Broadway


New
      York,
      New York 10036





Re:
      Morgan Stanley Capital I Inc.  Trust 2006-4SL (the “Trust”), Mortgage
      Pass


Through
      Certificates, Series 2006-4SL, issued pursuant to the Trust Agreement dated
      as


March
      1,
      2006 (the “Agreement”), between Morgan Stanley Capital I Inc., as
      depositor


(the
      “Depositor”),  and LaSalle Bank National Association, as trustee (the
“Trustee”)





I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Trustee hereby certify that:





(1)
      A
      review of the activities of the Trustee during the preceding calendar year
      and
      of the performance of the Trustee under the Agreement has been made under my
      supervision; and





(2)
      To
      the best of my knowledge, based on such review, the Trustee has fulfilled all
      its obligations under the Agreement in all material respects throughout such
      year or a portion thereof.











Date: February
      1, 2007








LaSalle
      Bank National Association, as Trustee








/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Willis and Annunziata 

Argued at Richmond, Virginia 

CHARLES NATHANIEL ROSS 

 MEMORANDUM OPINION* BY 

v. Record No. 0068-97-2 JUDGE JERE M. H. WILLIS, JR. 

 DECEMBER 23, 1997 

COMMONWEALTH OF VIRGINIA 

FROM THE CIRCUIT COURT OF BUCKINGHAM COUNTY 

Timothy J. Hauler, Judge 

 Robert H. Gray, Jr., for appellant. 

 Marla Graff Decker, Assistant Attorney 

General (Richard Cullen, Attorney General; 

John K. Byrum, Jr., Assistant Attorney 

General, on brief), for appellee. 

 1. Ross invokes proof that he knew the vehicle was occupied 

only as an element of malice for purposes of the instruction on 

murder. He acknowledges that such proof was not required to 

prove manslaughter. Because Ross was not convicted of murder, 

but was convicted of manslaughter, his contention that the murder 

instruction was deficient is moot. 

 2. Because Ross did not present his double-jeopardy 

contention to the trial court and did not preserve that 

contention properly for appeal, we will not consider it. Rule 

5A:18. The record in this case presents no reason for us to 

invoke the ends of justice exception to the application of that 

rule. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
- 2 - 

 The judgment of the trial court is affirmed. 

 Affirmed.
IN THE SUPREME COURT OF THE STATE OF MONTAAL :— PR 24-0005 

### MAR - 5 2021 1 Bowen GreenwooCi Clerk of Supreme Court State of Montana IN RE MOTION OF HENRY DARRELL MADSEN FOR ADMISSION TO THE BAR OF THE STATE OF MONTANA ORDER

Henry Darrell Madsen has moved for admission to the Bar ofthe State ofMontana pursuant toRuleV ofthe Rules forAdmission, Admission on Motion. The BarAdmissions Administrator ofthe State Bar ofMontana has informed the Court that the Commission on Character and Fitness has certified that Madsen has provided the necessary documentation and has satisfied the requirements prerequisite to admission on motion under Rule V. Therefore, IT IS HEREBY ORDERED that upon payment of any application fees and completion of any other processing requirements as set forth by the Bar Admissions Administrator, Henry Darrell Madsen may be sworn in to the practice of law in the State ofMontana. Arrangements for swearing in may be made by contacting the office ofthe Clerk ofthe Montana Supreme Court. The Clerk is directed to provide copies of this order to Petitioner and to the State Bar ofMontana. DATED this day ofMarch, 2024.

ChiefJustice 03/05/2024

Case Number: PR 24-0005
**CERTIFICATIONS**

|   | 1.  | I              have reviewed this annual report on Form 10-K/A of Sonic Solutions;              and |
|--------|----------|-----------------------------------------------------------------------------------------------------|
|   |   |   |
|--------|--------|--------|
|   | 2. | Based                on my knowledge, this 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                report. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                               |                                                                                  |                                |
|------------------------------------|---------------------------------------------------------------------------------------|-------------------------------------|
| Date:                July 26, 2006 | By:                                                                         | /s/                David C. Habiger |
|                               | David                C. HabigerPresident                  and Chief Executive Officer |

----
**EXHIBIT 32****CERTIFICATION**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned hereby certifiesin his or her capacity as an officer of ViewPoint Financial Group (the Company) that the AnnualReport of the Company on Form 10-K for the year ended December 31, 2007, fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934 and that the informationcontained in such report fairly presents, in all material respects, the financial condition andresults of operations of the Company as of the dates and for the periods presented in the financialstatements included in such report.              Date: March 12, 2008             **/s/ Garold R. Base**             Garold R. BasePresident and Chief Executive Officer                                            Date: March 12, 2008             **/s/ Pathie E. McKee**             Pathie E. McKeeExecutive Vice President and Chief Financial Officer
EXHIBIT 32.2





P&F INDUSTRIES, INC.


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/A of P&F Industries, Inc. (the “Company”) for the period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Joseph A. Molino, Jr., Principal Financial Officer of the Company, hereby certifies, 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 Company.





/s/ JOSEPH A. MOLINO, JR.Joseph A. Molino, Jr.Date May 13, 2011
Principal Financial Officer
##### 



EXHIBIT 99-A

CERTIFICATION PURSUANT
 TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY
 ACT OF 2002

In connection with the Quarterly Report
 of Otter Tail Corporation (the Company) on Form 10-Q for the period
 ended September 30, 2002 as filed with the Securities and Exchange Commission on
 the date hereof (the Report), I, John D. Erickson, President and Chief
 Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as
 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report
 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
 Exchange Act of 1934; and                               
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------
|  
|2. | The information
 contained in the Report fairly presents, in all material respects, the financial
 condition and results of operations of the Company.



| | /s/ John D. EricksonJohn D.
 EricksonPresident and Chief
 Executive OfficerNovember 14, 2002
| | --------------------------------------------------------------------------------------------