alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### AUTO PAINTING & REPAIRING CO., Inc., v. WARE.

No. 14769.

Court of Appeal of Louisiana. Orleans.

Nov. 13, 1933.

Ed. J. de Verges, of New Orleans, for mover.

PER CURIAM.

This matter comes before us on motion to dismiss the appeal because of the failure of the appellant to file proper appeal bond within the required time. When the first appeal bond was filed, appellee, by rule, questioned the adequacy of the surety. The court, holding that the surety was not sufficient, ordered a new bond to be filed within four days, as prescribed by Act No. 284 of 1928, which is amendatory of section 3 of Act No. 112 of 1916. The judgment ordering the new bond to be filed was signed on October 17, 1933. The new bond was furnished on October 24, 1933, which was more than four judicial days after the order requiring it. Kelly, Weber & Co., Inc., v. F. D. Harvey *&*Co., Inc., et al. (La. Sup.) 151 So. 201, decided October 30, 1933; Shreveport Long Leaf Lumber Co. v. Hollingsworth et al., 158 La. 1041, 105 So. 57; Aronowitz v. Dulitz, 4 La. App. 547; Schmidt v. Vasquez (1922, unreported) No. 8497 Orleans App. [see Louisiana and Southern Digest].

The motion to dismiss the appeal is maintained, and the appeal is dismissed.

Appeal dismissed.
EXHIBIT 99.3


                            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 IGEN  International,  Inc.  (the
"Company")  on Form 10-K for the fiscal  year ended March 31, 2003 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned,  in the capacity and on the date indicated below,  hereby certifies
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his knowledge:

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 operation of the Company.




Date: June 30, 2003                                  /s/ Samuel J. Wohlstadter
                                                     -------------------------
                                                     Samuel J. Wohlstadter
                                                     Chief Executive Officer







<PAGE>



                                  EXHIBIT 99.2


                            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 of IGEN International, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacity and on the date indicated below, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his knowledge:

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 operation of the Company.




Date: February 14, 2003                              /s/ George V. Migausky
                                                     ----------------------
                                                     George V. Migausky
                                                     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 of P&F Industries, Inc. (the “Company”) for the period ended September 30, 2008, 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 13, 2008          |

 

1

----
Exhibit 35


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWHEQ, INC.
                 CWHEQ HOME EQUITY LOAN TRUST, SERIES 2006-S2
          HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2006-S2


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.17 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

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

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.





<PAGE>

/s/ Craig Baingo                                     Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
<TABLE> <S> <C>


<ARTICLE> UT
<LEGEND>  THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED  FROM
THE CONDENSED STATEMENT OF CONSOLIDATED INCOME, BALANCE SHEET, AND CASH FLOWS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<CIK> 0000075527
<NAME> PACIFIC ENTERPRISES
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        3,227
<OTHER-PROPERTY-AND-INVEST>                        108
<TOTAL-CURRENT-ASSETS>                             890
<TOTAL-DEFERRED-CHARGES>                           621
<OTHER-ASSETS>                                     112
<TOTAL-ASSETS>                                   4,958
<COMMON>                                         1,117
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                                297
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,364
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         80
<LONG-TERM-DEBT-NET>                             1,166
<SHORT-TERM-NOTES>                                 193
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       24
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   2,131
<TOT-CAPITALIZATION-AND-LIAB>                    4,958
<GROSS-OPERATING-REVENUE>                        1,787
<INCOME-TAX-EXPENSE>                               122
<OTHER-OPERATING-EXPENSES>                           0
<TOTAL-OPERATING-EXPENSES>                       1,450
<OPERATING-INCOME-LOSS>                            353
<OTHER-INCOME-NET>                                  16
<INCOME-BEFORE-INTEREST-EXPEN>                       0
<TOTAL-INTEREST-EXPENSE>                            76
<NET-INCOME>                                       155
<PREFERRED-STOCK-DIVIDENDS>                          6
<EARNINGS-AVAILABLE-FOR-COMM>                      149
<COMMON-STOCK-DIVIDENDS>                            88
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                             495
<EPS-PRIMARY>                                     1.80
<EPS-DILUTED>                                     1.80


        

</TABLE>
Exhibit 23.2


G.   B R A D   B E C K S T E A D
---------------------------
Certified Public Accountant
                                                            330 E. Warm Springs
                                                            Las Vegas, NV 89119
                                                                   702.257.1984
                                                             702.362.0540 (fax)



September 13, 2001


To Whom It May Concern:

I have issued my report dated September 13, 2001, accompanying the financial
statements of Insynq, Inc. (formerly Xcel Management, Inc.), contained in the
Form 10-KSB/A Annual Statement under the Securities Act of 1933.  I consent to
the use of the aforementioned report in the Form 10-KSB/A Annual Statement
under the Securities Act of 1933, and to the use of my name as it appears under
the caption "Experts".

Signed,


/s/ G. Brad Beckstead, CPA
--------------------------
G. Brad Beckstead, CPA


===============================================================================
Exhibit 35.1


                      ACCREDITED MORTGAGE LOAN TRUST 2006-1

                              OFFICER'S CERTIFICATE
               (Section 5.09 of the Sale and Servicing Agreement)

      Pursuant to Section 5.09 of the Sale and Servicing Agreement dated as of
March 1, 2006, as amended (the "Agreement"), by and among ACCREDITED MORTGAGE
LOAN REIT TRUST, as Depositor (the "Depositor"), ACCREDITED HOME LENDERS, INC.,
as Sponsor (in such capacity, the "Sponsor") and as Servicer (in such capacity,
the "Servicer"), ACCREDITED MORTGAGE LOAN TRUST 2006-1, as Issuing Entity (the
"Issuer"), and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee (the
"Indenture Trustee") (the "Agreement"), James A. Konrath, Chairman of the Board
of the Servicer, and Jeffrey W. Crawford, Assistant Secretary of the Servicer,
hereby state as follows (initially capitalized terms used herein and not
otherwise defined have the same meanings as under the Agreement):

      1. They are the duly elected, qualified and acting Chairman of the Board
and Assistant Secretary, respectively, of the Servicer.

      2 A review of the activities of the Servicer during the preceding calendar
year and of its performance under the Agreement has been made under their
supervision.

      3. To the best of their knowledge, based on such review, the Servicer has
fulfilled all its material obligations under the Agreement in all material
respects throughout such year except that they have noted certain exceptions to
the performance of the Servicing Criteria contained in Reg AB Section 1122(d) in
their assessment of performance of the Servicing Criteria, which such exceptions
are noted in the attached Appendix B.

      EXECUTED as of the 16th day of April, 2007.


                                        /s/ James A. Konrath
                                        ----------------------------------------
                                        James A. Konrath
                                        Chairman of the Board


                                        /s/ Jeffrey W. Crawford
                                        ----------------------------------------
                                        Jeffrey W. Crawford
                                        Assistant Secretary
##### 



Exhibit 10.6
 Big Stone II Power Plant
 Amendment No. 1 to
 Participation Agreement
 By and Among
 CENTRAL MINNESOTA MUNICIPAL POWER AGENCY,
 GREAT RIVER ENERGY,
 HEARTLAND CONSUMERS POWER DISTRICT,
 MONTANA-DAKOTA UTILITIES CO., A DIVISION OF MDU
RESOURCES GROUP, INC.,
 OTTER TAIL CORPORATION dba OTTER TAIL POWER COMPANY,
 SOUTHERN MINNESOTA MUNICIPAL POWER AGENCY, AND
 WESTERN MINNESOTA MUNICIPAL POWER AGENCY
 As
 Owners
  
 1




---



##### 



Amendment No. 1 to Participation Agreement
  RECITALS
 WHEREAS,
 WHEREAS,
 NOW, THEREFORE,
 AGREEMENTS
 1.01 Defined Terms.
 1.02 Amendments.
   
 2




---



##### 



1.03 Continuing Effect; Ratification.
 1.04 Governing Law.
 1.05 Captions.
 1.06 Counterparts.
 1.07 Authority.
 [Signature pages follow.
The remainder of this page is intentionally blank.]
 
 3




---



##### 



IN WITNESS WHEREOF,
 OWNERS:CENTRAL MINNESOTA MUNICIPAL 
POWER AGENCYBy
    
    /s/ Paul LelandPaul LelandIts President
 [Signatures continued on next page.]
 
 4




---



##### 



IN WITNESS WHEREOF,
 OWNERS:HEARTLAND CONSUMERS POWER DISTRICTBy
    
    /s/ Michael McDowellMichael McDowellIts General Manager
 [Signatures continued on next page.]
 
 5




---



##### 



IN WITNESS WHEREOF,
 OWNERS:SOUTHERN MINNESOTA MUNICIPAL 
POWER AGENCYBy
    
    /s/ Raymond A. HaywardRaymond A. HaywardIts Executive Director and CEO
 [Signatures continued on next page.]
 
 6




---



##### 



IN WITNESS WHEREOF,
 OWNERS:WESTERN MINNESOTA MUNICIPAL 
POWER AGENCYBy
    
    /s/ Donald A. HabichtDonald E. HabichtIts President
 [Signatures continued on next page.]
 
 7




---



##### 



IN WITNESS WHEREOF,
 OWNERS:GREAT RIVER ENERGYBy
    
    /s/ David SaggauDavid SaggauIts President and Chief Executive Officer
 [Signatures continued on next page.]
 
 8




---



##### 



IN WITNESS WHEREOF,
 OWNERS:MONTANA-DAKOTA UTILITIES CO.,a Division of MDU Resources Group, Inc.By
    
    /s/ Bruce T. ImsdahlBruce T. ImsdahlIts President and Chief Executive Officer
 [Signatures continued on next page.]
 
 9




---



##### 



IN WITNESS WHEREOF,
 OWNERS:OTTER TAIL CORPORATIONdba Otter Tail Power CompanyBy
    
    /s/ Charles S. MacFarlaneCharles S. MacFarlaneIts President
 
 10
Exhibit 32.1

Statement of Chief Executive Officer

Pursuant to 18 U.S.C. Sec 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned Chief Executive Officer of
Pacific Enterprises (the "Company") certifies that:

(i)	the Quarterly Report on Form 10-Q of the Company filed with
the Securities and Exchange Commission for the quarterly
period ended June 30, 2004 (the "Quarterly Report") fully
complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of
1934, as amended; and

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



August 5, 2004
                                           /S/ STEPHEN L. BAUM
                                         ______________________
                                           Stephen L. Baum
                                           Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>       5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM PACIFIC
BELL'S  QUARTERLY  REPORT  ON FORM  10-Q AND IS  QUALIFIED  IN ITS  ENTIRETY  BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                              <C>
<FISCAL-YEAR-END>                                    DEC-31-1997
<PERIOD-START>                                       JAN-01-1997
<PERIOD-END>                                         SEP-30-1997
<PERIOD-TYPE>                                             9-MOS
<CASH>                                                   55,000
<SECURITIES>                                                  0
<RECEIVABLES>                                          2,493,000
<ALLOWANCES>                                             241,000
<INVENTORY>                                                    0 <F1>
<CURRENT-ASSETS>                                       3,211,000
<PP&E>                                                29,304,000
<DEPRECIATION>                                        17,470,000
<TOTAL-ASSETS>                                        15,770,000
<CURRENT-LIABILITIES>                                  4,869,000
<BONDS>                                                5,342,000
<COMMON>                                                 225,000
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<OTHER-SE>                                             3,217,000
<TOTAL-LIABILITY-AND-EQUITY>                          15,770,000
<SALES>                                                        0 <F2>
<TOTAL-REVENUES>                                       7,324,000
<CGS>                                                         0
<TOTAL-COSTS>                                          2,996,000
<OTHER-EXPENSES>                                       1,557,000
<LOSS-PROVISION>                                         201,000
<INTEREST-EXPENSE>                                       336,000
<INCOME-PRETAX>                                         (74,000)
<INCOME-TAX>                                               5,000
<INCOME-CONTINUING>                                     (79,000)
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                342,000
<NET-INCOME>                                             263,000
<EPS-PRIMARY>                                                  0
<EPS-DILUTED>                                                  0
<FN>
<F1> THIS AMOUNT IS IMMATERIAL.
<F2> NET SALES OF TANGIBLE PRODUCTS IS NOT MORE THAN 10% OF TOTAL OPERATING REVENENUES AND THEREFORE HAS NOT BEEN
STATED SEPARATELY IN THE FINANCIAL STATEMENTS PURSUANT TO REGULATION S-X, RULE 5-03(B).  THIS AMOUNT IS INCLUDED
IN THE "TOTAL REVENUES' TAG.
<F3> COST OF TANGIBLE GOODS SOLD IS INCLUDED IN COST OF SERVICES AND PRODUCTS IN
THE FINANCIAL  STATEMENTS AND THE "TOTAL COST" TAG,  PURSUANT TO REGULATION 2-X,
RULE 5-03(B).
</FN>
        

</TABLE>
- 25 -                Exhibit (11)
                                                            
               OWENS CORNING AND SUBSIDIARIES
                              
              COMPUTATION OF PER SHARE EARNINGS
<TABLE>
<S>                               <C>       <C>      <C>      <C>     
                              
                                         Quarter         Nine Months
                                          Ended             Ended
                                      September 30,     September 30,
                                      1997     1996     1997     1996
                                 (In millions of dollars, except share data)

Primary:

Net income (loss)                    $  59    $  80    $ 164    $(354)

Weighted average number of 
  shares outstanding (thousands)    53,387   51,782   53,107   51,616

Weighted average common equivalent
  shares (thousands):
  Deferred awards                       14       15       14        -
  Stock options using weighted 
   average market price                538      577      589        -

Primary weighted average number 
  of common shares outstanding
  and common equivalent shares 
  (thousands)                       53,939   52,374   53,710   51,616

Primary per share amount            $ 1.09   $ 1.53   $ 3.05  $ (6.86)


Fully Diluted:

Net income (loss)                   $   61   $   82   $  170  $  (354)
Weighted average number of shares
  outstanding (thousands)           53,387   51,782   53,107   51,616

Weighted average common equivalent
  shares (thousands):
  Deferred awards                       14       15       14        -
  Stock options using the higher of
     average market price or market
     price at end of period            538      615      625        -
  Shares from assumed conversion
     of preferred securities         4,566    4,566    4,566        -

Fully diluted weighted average 
     number of common shares 
     outstanding and common
     equivalent shares (thousands)  58,505   56,978   58,312   51,616


Fully diluted per share amount      $ 1.04   $ 1.44   $ 2.91  $ (6.86)
</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-11077

Summary Calendar

CHARLES FRANKLIN WOODRUFF,

Plaintiff-Appellant

v.

BRYAN WALLS, Sheriff, Young County; TOMMY MARTIN, Captain of the 

Young County Sheriff's Department; B. J. COOK, Sergeant; NFN MOODY, 

Deputy; NFN DENNIS, Corporal; LINDA DOE, Deputy,

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:12-CV-71

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

Charles Franklin Woodruff, now Texas prisoner # 01737452, appeals the 

district court’s sua sponte dismissal with prejudice of his pro se, in forma 

pauperis (IFP) 42 U.S.C. § 1983 complaint. We review the dismissal de novo. 

Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013).

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

March 15, 2017

Lyle W. Cayce

Clerk

 Case: 15-11077 Document: 00513913393 Page: 1 Date Filed: 03/15/2017
No. 15-11077

2

The district court is required to dismiss an IFP complaint that fails to 

state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). 

Generally, however, the plaintiff is to be given “notice of the perceived 

inadequacy of the complaint and an opportunity for the plaintiff to respond.” 

Brown v. Taylor, 829 F.3d 365, 370 (5th Cir. 2016). Although the district court 

issued questionnaires eliciting additional facts, Woodruff “did not receive 

notice that his complaint might be inadequate,” or “an opportunity to amend it 

or argue against that characterization.” Id. Woodruff’s brief indicates that he 

could have amended his complaint to allege more specific facts had he been

informed of the inadequacies of his complaint and had an opportunity to 

respond.

For the foregoing reasons, though we express no opinion on the merits of 

Woodruff’s complaint, we VACATE the district court’s order dismissing the 

complaint with prejudice and REMAND for further proceedings. Woodruff’s 

motion for appointment of appellate counsel is DENIED without prejudice to 

the filing of another motion for appointment of counsel in the district court.

 Case: 15-11077 Document: 00513913393 Page: 2 Date Filed: 03/15/2017
#### SOVEREIGN CAMP W. O. W. v. C. E. WAGGONER.

No. 31687.

Supreme Court of Mississippi.

May 13, 1935.

Eastland, Eastland & Ormond, of Forest, for appellant.

O. B. Triplett, Jr., of Forest, for appellee.

PER CURIAM.

Affirmed.