alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ethel ROSE, on behalf of Taevon ROSE, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

No. 02-1329.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 24, 2002.

Decided Nov. 8, 2002.

Ethel Rose, Appellant Pro Se. Stephen Matthew Schenning, United States Attorney, Divya Bharadwaja, Office of the United States Attorney, Baltimore, Maryland; Eileen Alice Farmer, Social Security Administration, Baltimore, Maryland, for Appellee.

Before WILLIAM D. WILKINS, NIEMEYER, and DIANA GRIBBON MOTZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Ethel Rose, on behalf of Taevon Rose, appeals the district court’s order affirming *614the Commissioner’s termination of children’s supplemental security income benefits. We have reviewed the record and the district court’s opinion and find no reversible error. We must uphold the district court’s disability determination if it is supported by substantial evidence. 42 U.S.C. § 405(g) (2000); *Hays v. Sullivan,*907 F.2d 1453, 1456 (4th Cir.1990). There is substantial evidence in the record for the district court’s decision to terminate benefits based upon medical improvement and lack of current disability. 20 C.F.R. §§ 416.924, 416.994a(c) (2000). Accordingly, we affirm on the reasoning of the district court. *See Rose v. Barnhart,*No. CA-01-1055-H (D.Md. March 6, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
EXHIBIT 32

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

Pursuant  to 18 U.S.C. Section 1350 as adopted pursuant to Section  906  of
the Sarbanes-Oxley Act of 2002, each of the undersigned certifies that this
periodic  report fully complies with the requirements of Section  13(a)  or
15(d),  as applicable, of the Securities Exchange Act of 1934 and that  the
information  contained  in  this  quarterly  report  on  Form  10-Q  fairly
presents, in all material respects, the financial condition and results  of
operations of Spartech Corporation.


                                        Date: March 4, 2004


                                        /s/Bradley B. Buechler
                                        Bradley B. Buechler
                                        Chairman, President and Chief
                                        Executive Officer


                                        /s/Randy C. Martin
                                        Randy C. Martin
                                        Executive Vice President and Chief
                                        Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF

PENNSYLVANIA,

Respondent

v.

DAVIS WADE HALL,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 75 WM 2023

ORDER

PER CURIAM

AND NOW , this 29 th day of February , 202 4

, the Petition for Leave to File Petition

for Allowance of Appeal Nunc Pro Tunc is GRANTED. Counsel is DIRECTED to file a

Petition for Allowance of Appeal within 15 days of this order

.
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





The undersigned, Eugene Malobrodsky, the Chief Executive Officer of INTELLIGENT BUYING. INC.  (the "Company"), DOES HEREBY CERTIFY that:



1. The Company's Annual Report on Form 10-KSB for the fiscal year ended December 31, 2007 (the "Report"), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and



2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.



IN WITNESS WHEREOF, the undersigned has executed this statement this 14th day of April 2008.



/s/Eugene Malobrodsky



Eugene Malobrodsky

Principal Executive Officer







A signed original of this written statement required by Section 906 has been provided to Intelligent Buying, Inc. and will be retained by Intelligent Buying, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.2

---



CERTIFICATION OF PERIODIC REPORT

I,David M. Gandossi, Chief Financial Officer of Mercer International Inc. (the "Company"), certify pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

|Date: May 7, 2004 |  |     |                                                              
|----------------- |  | --- | -------------------------------------------------------------
|                  |  | By: | /s/DAVID M. GANDOSSIDavid M. Gandossi
Chief Financial Officer

---

A
signed original of this written statement required by Section 906 has been provided to Mercer International Inc. and will be retained by Mercer International Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
18336.

#### McKenzie *et al. v.*Walker *et al.*

Duckworth, Chief Justice.

1. The petition, as twice amended, sought to prevent the Macon County Board of Education from executing contracts with the Boards of Education of Taylor and Peach Counties for the transfer of school children of Marshallville and Delta Districts of Macon County to the schools of Taylor and Peach Counties; to compel the Macon County Board of Education to prepare to send the children to Macon County schools; to decree certain Code sections unconstitutional; and to prevent by injunction the board from purchasing any sites for the location of any school, or locating any schools in Macon County. On the former appearance *(Walker*v. *McKenzie,*209 *Ga.*653, *19074 S. E. 2d 870), it was held that the Macon. County board had constitutional power to execute the contracts in question. The decision above is the law of the case and can not be reviewed, and by it all matters concerning the contracts and transfer of school children are foreclosed and will not be considered further.

Argued September 14, 1953

Decided October 13, 1953

Rehearing denied November 12, 1953.

*A. C. Felton III, John S. Averill, Jr.,*for plaintiffs in error.

*Garland Byrd, Sam Mathews, S. H. Dykes, Mathews & Mathews, Dykes, Dykes & Marshall,*contra.

2. But another amendment was offered, and upon this amendment alone must plaintiffs in error depend for a reversal of the judgment sustaining a demurrer to the petition as finally amended. Two points are sought to be made by this amendment: (1) that the purchase of a site for a school building should be rescinded, and (2) that the board should be prevented from erecting a school building thereon. Neither is meritorious. The board has the lawful right to acquire school sites and “build, repair or rent” schoolhouses. Their discretion will never be controlled by courts of equity unless there is such a glaring abuse as amounts to a violation of law. *Keever*v. *Board of Education of Gwinnett County,*188 *Ga.*299 (3 S. E. 2d 886); *Fordham*v. *Harrell,*197 *Ga.*135 (28 S. E. 2d 463); *Pass*v. *Pickens,*204 *Ga.*629 (51 S. E. 2d 405); *Burton*v. *Kearse,*204 *Ga.*765 (51 S. E. 2d 796); *Colston*v. *Hutchinson,*208 *Ga.*559 (67 S. E. 2d 763). No such abuse of discretion is alleged here.

3. The last amendment to the petition, having struck the prayer for mandamus and added other features materially changing the cause of action, opened the petition to further demurrer at that time. Code § 81-1312; *Green*v. *Spires,*189 *Ga.*719 (7 S. E. 2d 246); *Tingle*v. *Maddox,*186 *Ga.*757 (198 S. E. 722); *Mooney*v. *Mooney,*200 *Ga.*395 (37 S. E. 2d 195). For the reason stated in headnote (2), the amended petition alleges no grounds for the relief sought, and the judgment dismissing the same must be

*Affirmed.*

*All the Justices concur.*
213 La. 509

#### J. B. BEAIRD CO., Inc. v. AUBREY et al.

No. 38344.

Supreme Court of Louisiana.

March 22, 1948. .

Rehearing Denied April 26, 1948.

Melvin F. Johnson, of Shreveport, for plaintiffs-appellants.

Booth, Lockard & Jack, of Shreveport, for defendant-appellee.

FOURNET, Justice.

The J. B. Beaird Company, Inc., and the Fidelity and Casualty Company of New York are appealing from a judgment recognizing Byron D. Aubrey’s right to have his homestead exempt from seizure and sale under the provisions of Section 1 of Article XI of the Constitution of 1921 and enjoining the sale of his homestead seized by the. sheriff in satisfaction of a judgment obtained against him by the plaintiffs unless such property is sold for an amount sufficient to satisfy his homestead exemption claim of $4,000, as well as all costs.

The appellants contend that Aubrey’s liability to them, and upon which the judgment was based, was incurred by him in a fiduciary capacity and that he is, therefore, under the express provision of Section 2 of Article XI not entitled to a homestead exemption since such “exemption shall not apply to * * *' liabilities incurred by any public officer, or fiduciary, or any attorney at law, for money collected or received on deposits.”

It appears that Aubrey, while in the employ of The J. B. Beaird Company, Inc., as an assistant purchasing agent — his duties, according to the comptroller under whose supervision he worked, consisted of locating vital or critically needed materials necessary for the manufacture of various size artillery shells then being machined by the corporation, including what is commonly known as carboloy tips —by a scheme of forging invoices and warehouse receipts, obtained checks of the corporation aggregating $24,652.63 in favor of The Foley Machine Company of Shreveport, Louisiana, the company purportedly supplying these tips, this "amount, after Foley’s commission- was deducted, being secured by Aubrey for the ostensible purpose of paying the fictitious vendor from whom he supposedly secured them for Foley.

Clearly under these facts the defendant did not obtain these funds in a fiduciary capacity. No showing.was made that he handled or had. authority to handle any of the funds or property belonging to the plaintiff corporation or that he had authority to or did sign any of the company checks. It is our opinion, therefore, that the defendant Aubrey’s liability to the plaintiff, upon which the judgment forming the basis of the seizure was predicated, *130was not incurred by him m a fiduciary capacity within the meaning and contemplation of the constitutional provision here invoked.

Conceding for the purpose of this decision the soundness of the holding of this court in the case of Bridewell v. Halliday, 37 La.Ann. 410, relied on by the appellants, it has no application to this case for that case presents an entirely different factual situation.

For the reasons assigned, the judgment appealed from is affirmed.

O’NIELL, C. J., dissenting.
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Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18D0119. DANTE G. FREDERICK v. GEORGIA DEPARTMENT OF

CORRECTIONS et al.

Dante G. Frederick hasfiled an application for discretionary review of the trial

court’s order dismissing his case against the Georgia Department of Corrections, et

al. We lack jurisdiction because the application is untimely.

An application for discretionary appeal must be filed within 30 days of the

entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The

requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an

application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga.

App. 734 (380 SE2d 57) (1989). Here, the trial court’s order was entered on

August 16, 2017, and Frederick filed his application for discretionary appeal on

September 21, which was 36 days later. His application is thus untimely, and it is

hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

October 16, 2017

10/16/2017
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##### 



Exhibit 32 CERTIFICATION
Pursuant to 18 United States Code § 1350 The undersigned hereby certifies that, to his knowledge, the Quarterly
Report on Form 10-Q for the fiscal quarter ended September 30, 2004 of Phelps
Dodge Corporation (the Company) filed with the Securities and Exchange
Commission on the date hereof 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 report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ J. Steven WhislerName:
    
    J. Steven WhislerTitle:
    
    Chairman andChief Executive OfficerDate:
    
    October 28, 2004
 The undersigned hereby certifies that, to his knowledge, the Quarterly
Report on Form 10-Q for the fiscal quarter ended September 30, 2004 of Phelps
Dodge Corporation (the Company) filed with the Securities and Exchange
Commission on the date hereof 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 report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ Ramiro G. PeruName:
    
    Ramiro G. PeruTitle:
    
    Executive Vice President andChief Financial OfficerDate:
    
    October 28, 2004
**EXHIBIT 32.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Applera Corporation (the “Company”) on Form 10-Q for the fiscal quarter ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Tony L. White, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|   | (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/ Tony L. White       |   |   |
|                         |   |   |
| Chief Executive Officer |   |   |

Date:  May 13, 2004

 

----