alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BOLTON v. MANSFIELD HARDWOOD LUMBER CO.

No. 8104.

Court of Appeal of Louisiana. Second Circuit.

Jan. 26, 1954.

W. T. McCain, Colfax, for. appellant.

Cook, Clark & Egan, Shreveport, for ap-pellee.

GLÁDNEY, Judge.

Our first concern is appellee’s motion to dismiss the appeal.' The motion is based upon the fact that as the appeal 'was taken by or.al motion in open court at a term'other than that at which the judgment was' rendered the'" effort to appeal was abortive; that' under these circumstances it is sacramental that the appeal be taken and perfected by petition' and order of court thereon and service thereof upon the appellee'. Appellant has not filed any opposition to the motion to dismiss.

.The judgment- . from- which plaintiff sought to appeal was signed July 1, 1953, It' was npt until October 30, 1953 that counsel -for plaintiff by, oral, motion in open Court asked the court a quo of the -First Judicial District for and was granted the orders of appeal made the subject of this legal issue.

Manifestly, therefore, the orders of appeal were sought at a term subsequent to that in which the judgment was signed, since the new term of said court commenced in September, 1953.

In Jacobsen v. McGarry, 1933, 178 La. 79, 150 So. 838, 839, in commenting upon the basis for dismissal of the appeal upon circumstances similar to those presented here, the court said:

> “Citation of appeal is dispensed with ■only when the appeal is applied for, either by petition or- by motion, in open court,■ at the same, term at which the judgment is rendered. Code Prac. arts. 573, 574. Under a fiction of law the appellee is considered as then in court. But, when the term passes, the appel-lee is entitled to formal citation. Code Prac. arts. 581, 582, 583. In -such a case citation is the ground .work, and, without it no proceedings can- be had on the appeal. Walker v. Martolo, 16 La. 50. Hence .appellee’s ,motion to dismiss raises a jurisdictional question, not a technical question, and must prevail.”

*229The motion is well founded and fatal to the appeal herein taken by appellant 'for the réasons above set forth. Code of Practice art. 573; Bass v. Lane, 1930, 169 La. 681, 125 So. 853; Pool v. Gaudin, 1945, 207 La. 403, 31 So.2d 424; Berg v. Horne, 1946, 26 So.2d 753; Graves v. D’Artois, 1946, 210 La. 857, 28 So.2d 457.

For the reasons herein given, this appeal is dismissed at appellant’s cost.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6267 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6267

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 15 Chestnut Street in Suffern, New York, as the ``Sergeant Gerald T. 
                    `Jerry' Donnellan Post Office''.

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

SECTION 1. SERGEANT GERALD T. ``JERRY'' DONNELLAN POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 15 Chestnut Street in Suffern, New York, shall be known and 
designated as the ``Sergeant Gerald T. `Jerry' Donnellan Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Sergeant 
Gerald T. `Jerry' Donnellan Post Office''.

            Passed the House of Representatives September 28, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
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 Annual Report on Form 10-K (the Report) of SGS International, Inc. (the Company) for the fiscal year ended December 31, 2010, the undersigned hereby
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| |  |  | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |                                                  
|-------------- |  | -------------------------------------------------
|March 14, 2011 |  | /s/ Henry R. Baughman                            
|               |  | Henry R. Baughman                                
|               |  | President, Chief Executive Officer and Director  
|               | 
|               |  | /s/ James M. Dahmus                              
|               |  | James M. Dahmus                                  
|               |  | Senior Vice President and Chief Financial Officer
#### The People of the State of New York, Respondent, v William G. Billington, Appellant.

Judgment unanimously affirmed. Memorandum: The court did not err in denying defendant’s motion to suppress his statements. Defendant claims that the People were required to adduce proof of his mental condition in order to permit the court to determine the issue of waiver. Defendant’s contention must be rejected. Defendant had the burden of persuasion once the People established the legality of police conduct and defendant’s waiver *(People v Love,*85 AD2d 799, *affd*57 NY2d 998). Defendant offered no evidence and thus did not meet that burden. Whether defendant acted under extreme emotional disturbance was an issue for the jury, and its rejection of the defense was not against the weight of evidence *(People v Casassa,*49 NY2d 668, *cert denied*449 US 842). Finally, the sentence of 20 years to life was not harsh and excessive *(see, People v Farrar,*52 NY2d 302). (Appeal from judgment of Oneida County Court, Murad, J.—murder, second degree.) Present—Denman, J. P., Boomer, Pine, Balio and Lowery, JJ.
Exhibit
10.20




LOAN
AGREEMENT
 October
22, 2008
 
 Richard N. Jeffs (the
“Lender”) of Flat 1, 49 Pont Street, London, SW1X 0DB, advanced US$25,000 (the “Principal
Sum”) to Red Lake Exploration, Inc. (the “Borrower”) of 195 Park Avenue, Thunder
Bay, Ontario, P7B 1B9.  The Lender advanced the funds on October 22,
2008.
  The
Borrower agrees to repay the Principal Sum on demand, together with interest
calculated and compounded monthly at the rate of 8% per year (the “Interest”)
from October 22, 2008..  The Borrower is liable for repayment for the
Principal Sum and accrued Interest and any costs that the Lender incurs in
trying to collect the Principal Sum and the Interest.
  The
Borrower will evidence the debt and its repayment of the Principal Sum and the
Interest with a promissory note in the attached form.
 LENDER
                      
                      
                      BORROWERRichard
      N. Jeffs
                      
                      
                      Red
      Metal Resources Ltd.Per:
                      
                      
                      Per:/s/
      Richard N. Jeffs
                      
                      
                      /s/
      Caitlin JeffsRichard
      N. Jeffs
                      
                      
                      Authorized
      Signatory
 1
  PROMISSORY
NOTE
  Principal
      Amount:  US$25,000
              October 22,
      2008
  For value
received, Red Lake Exploration, Inc. (the “Borrower”) promises to pay on demand
to the order of Richard N. Jeffs(the “Lender”) the sum
of $25,000 lawful money of United States of America (the “Principal Sum”)
together with interest on the Principal Sum from October 22, 2008 (“Effective
Date”) both before and after maturity, default and judgment at the Interest Rate
as defined below.
 
 For the
purposes of this promissory note, Interest Rate means 8 per cent per
year.  Interest at the Interest Rate must be calculated and compounded
monthly not in advance from and including the Effective Date (for an effective
rate of 8.3% per annum calculated monthly), and is payable together with the
Principal Sum when the Principal Sum is repaid.
 
 The
Borrower may repay the Principal Sum and the Interest in whole or in part at any
time.
 
 The
Borrower waives presentment, protest, notice of protest and notice of dishonour
of this promissory note.
  BORROWERRed Metal Resources
      Ltd.Per:/s/
      Caitlin JeffsAuthorized Signatory
  2
EXHIBIT 32.1.


Certification of Principal Executive Officer


Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)








I, Neil Blosch, Chief Executive Officer and Principal Accounting Officer, of Ultra Sun Corp. (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of our knowledge, based upon a review of the Annual Report on Form 10-K for the period December 31, 2009 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):





(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.





Dated:  March 30, 2010


By:  /s/ Neil Blosch


Neil Blosch


Chief Executive Officer, Principal Accounting


Officer





* A signed original of this written statement required by Section 906 has been provided to Ultra Sun Corp. and will be retained by Ultra Sun Corp. and furnished to the Securities Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6094

JOHN C. ALSTON,

Petitioner - Appellant,

versus

THOMAS CORCORAN, Warden; ATTORNEY GENERAL FOR

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA99-431-DKC)

Submitted: July 27, 2000 Decided: October 18, 2000

Before WIDENER, WILKINS, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John C. Alston, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF

MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

John C. Alston seeks to appeal the district court’s order

denying his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 2000). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. See Alston v. Corcoran, No. CA-99-431-DKC

(D. Md. Dec. 13, 1999). 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.

DISMISSED
EX-10.2



 Exhibit 10.2 

NON-EMPLOYEE DIRECTOR COMPENSATION PROGRAM 

Summary of Non-Employee Director Compensation effective April 1, 2014: 

Cash Compensation 
  

					
	 Annual retainer to each director
	  	$	35,000	  
	 Additional retainer amounts as follows:
	  			
	 Audit Committee Chair
	  	$	15,000	  
	 Compensation Committee Chair
	  	$	10,000	  
	 Nominating & Corporate Governance Committee Chair
	  	$	6,000	  
	 Audit Committee Member*
	  	$	7,500	  
	 Compensation Committee Member*
	  	$	5,000	  
	 Nominating & Corporate Governance Committee Member*
	  	$	3,000	  

  

	*	other than the chair 

 Equity Compensation 

Annual equity awards are automatically granted to non-employee directors on the date of each respective annual shareholders’ meeting. A new director
receives an equity award on the date of such director’s appointment or election to the Board. All equity awards to directors are issued under the Stereotaxis, Inc. 2012 Stock Incentive Plan. 

 

			
	 Grant Type
	  	 Number of Shares

	 Annual Grant1
	  	10,000 Restricted Share Units
	 New Director Grant2
	  	20,000 Restricted Share Units

  

	1 	Restricted Share Units granted annually to the directors will vest one year from the applicable date of grant, or on the date of the next annual shareholders’ meeting, whichever is earlier. 


	2 	Restricted Share Units granted to any new director will vest over a period of two (2) years with 50% vesting on the first anniversary of the date of the grant and the remaining 50% vesting on the second anniversary
of the date of the grant.
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 Amended Quarterly Report of Republic Resources, Inc. (the
Company) on Form 10-QSB for the quarter ended March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Louis B. Breaux, the Principal Operating 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.
| | --------------------------------------------------------------------------------------------------------------------------------------------------------

| | By: /s/ Louis B. Breaux
Louis B. Breaux
Principal Operating Officer
| | -------------------------------------------------------------------

Dated: January
8, 2004
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          53,000
<SECURITIES>                                    10,000
<RECEIVABLES>                                1,458,000
<ALLOWANCES>                                 (296,000)
<INVENTORY>                                  1,686,000
<CURRENT-ASSETS>                             2,911,000
<PP&E>                                      22,927,000
<DEPRECIATION>                            (20,155,000)
<TOTAL-ASSETS>                               5,683,000
<CURRENT-LIABILITIES>                        4,211,000
<BONDS>                                        900,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  (344,000)
<COMMON>                                     3,382,000
<OTHER-SE>                                 (2,466,000)
<TOTAL-LIABILITY-AND-EQUITY>                 5,683,000
<SALES>                                      3,554,000
<TOTAL-REVENUES>                             3,554,000
<CGS>                                        3,655,000
<TOTAL-COSTS>                                3,655,000
<OTHER-EXPENSES>                               553,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              65,000
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,000)
<CHANGES>                                            0
<NET-INCOME>                                 (717,000)
<EPS-PRIMARY>                                   (0.29)
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           22000
<SECURITIES>                                         0
<RECEIVABLES>                                  1392000
<ALLOWANCES>                                  (185000)
<INVENTORY>                                    1349000
<CURRENT-ASSETS>                               2720000
<PP&E>                                        22890000
<DEPRECIATION>                                20545000
<TOTAL-ASSETS>                                 5075000
<CURRENT-LIABILITIES>                          4015000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       3382000
<OTHER-SE>                                   (3640000)
<TOTAL-LIABILITY-AND-EQUITY>                   5075000
<SALES>                                       11688000
<TOTAL-REVENUES>                              11688000
<CGS>                                         11451000
<TOTAL-COSTS>                                 13033000
<OTHER-EXPENSES>                                (1000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              203000
<INCOME-PRETAX>                              (1547000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (1547000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (1547000)
<EPS-PRIMARY>                                   (0.63)
<EPS-DILUTED>                                        0
        

</TABLE>
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 Possis Medical, Inc. (the Company) on
Form 10-Q for the period ended October 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof ("the Report"), I, Robert G. Dutcher,
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, as amended; and

     2.   The information contained in this Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

Date: December 9, 2004                    /s/ Robert G. Dutcher
                                          --------------------------
                                              Robert G. Dutcher
                                              Chairman, President and
                                              Chief Executive Officer

                                       26
### M A N D A T E

THE STATE OF TEXAS

TO THE 79TH JUDICIAL DISTRICT COURT OF JIM WELLS COUNTY, GREETINGS:

Before our Court of Appeals for the Fourth District of Texas on June 24, 2015, the cause upon appeal to revise

or reverse your judgment between

Carlos M. Reyes and Molly Reyes, Appellant

V.

Bill W. Bell Sr. and Bill Bell Jr., Appellee

No. 04

- 15

- 00043

- CV and Tr. Ct. No. 10

- 09

- 49378

- CV

was determined, and therein our said Court of Appeals made its order in these words:



## In accordance with this court’s opinion of this date, this appeal is

DISMISSED. Costs of the appeal are taxed against appellants.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Fourth

District of Texas, in this behalf and in all things have the order duly recognized, obeyed, and executed.

WITNESS the Hon. Sandee Bryan Marion, Chief Justice of the Court of Appeals for the Fourth District of

Texas, with the seal of the Court affixed and the City of San Antonio on September 2, 2015.

KEITH E. HOTTLE, CLERK

Cynthia A. Martinez

Deputy Clerk, Ext. 53853BILL OF COSTS



### TEXAS COURT OF APPEALS, FOURTH DISTRICT, AT SAN ANTONIO

No. 04

- 15

- 00043

- CV

Carlos M. Reyes and Molly Reyes

v.

Bill W. Bell Sr. and Bill Bell Jr.

(NO. 10

- 09

- 49378

- CV IN 79TH JUDICIAL DISTRICT COURT OF JIM WELLS COUNTY)

TYPE OF FEE CHARGES PAID BY

FILING $195.00 NOT PAID N/A

Balance of costs owing to the Fourth Court of Appeals, San Antonio, Texas: $195.00

**Court costs in**  **this cause shall**  **be paid as**  **per the**  **Judgment issued by**  **this Court.** 

I, KEITH E. HOTTLE, CLERK OF THE FOURTH COURT OF APPEALS OF THE STATE OF

TEXAS, do hereby certify that the above and foregoing is a true and correct copy of the cost bill of

THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS, showing the charges and

payments, in the above numbered and styled cause, as the same appears of record in this office.

IN TESTIMONY WHEREOF, witness my hand and the Seal of the COURT OF APPEALS for

the Fourth District of Texas, this September 2, 2015.

KEITH E. HOTTLE, CLERK

Cynthia A. Martinez

Deputy Clerk, Ext. 53853
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 report of Asia Time Corporation (the “Company”) on Form
      10-K/A for the period ending December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned, in
      the capacities 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 operations of the Company.





/s/
                Kwong Kai ShunKwong
                Kai ShunChief
                Executive Officer, Chief Financial Officer andChairman
                of the Board(Principal
                Executive Officer; Principal Financial and Accounting
                Officer)




February
      8, 2008





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