alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Eastland County Appraisal District * From the 91st District Court

and Brown County Appraisal District, of Eastland County,

Trial Court No. CV1644175.

Vs. No. 11-17-00135-CV * June 13, 2019

Peninsula Pipelines (North Texas), LLC, * Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J., 

Willson, J., and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that the appeal 

should be dismissed for lack of jurisdiction. Therefore, in accordance with this 

court’s opinion, the appeal is dismissed. The costs incurred by reason of this appeal 

are taxed against the party incurring same.
<PAGE>

                                                                    EXHIBIT 10.5

                                 Promissory Note

U.S. $_______________                                             March 31, 2000
                                                            Rochester, Minnesota


     FOR VALUE RECEIVED, the undersigned ("Borrower") promises to pay to the
order of PEMSTAR INC. (together with its successors and assigns hereinafter
called "Holder") on the earlier of (a) June 30, 2000, or (b) the date the
Borrower leaves the employment of the Holder, at Rochester, Minnesota, or such
other place as the Holder may designate, the principal sum of
_________________________________ ($____________________), together with
interest thereon from the date of this Note, until paid, at the rate of six and
one-half percent (6.5%) per annum.

     If suit is brought to collect this Note, the Holder shall be entitled to
collect all reasonable costs and expenses of suit, including, but not limited
to, reasonable attorney's fees.

     Borrower may prepay this Note in whole or in part. All such payments shall
be applied first to accrued interest and then to principal.

     Presentment, notice of dishonor, and protest are hereby waived by all
makers, sureties, guarantors and endorsers hereof.

     This Note is a full recourse promissory note, but is also secured by a
Stock Pledge Agreement of even date herewith executed by Borrower and delivered
to Holder.

     THIS NOTE SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF
MINNESOTA.

     AT THE OPTION OF HOLDER, THIS NOTE MAY BE ENFORCED IN OLMSTED COUNTY,
MINNESOTA DISTRICT COURT AND BORROWER CONSENTS TO THE JURISDICTION AND VENUE OF
SUCH COURT AND WAIVES ANY ARGUMENT THAT VENUE IN SUCH FORUM NOT CONVENIENT. IN
THE EVENT BORROWER COMMENCES ANY ACTION IN ANOTHER JURISDICTION OR VENUE UNDER
ANY TORT OR CONTRACT THEORY ARISING DIRECTLY OR INDIRECTLY FORM THE RELATIONSHIP
CREATED BY THIS NOTE, HOLDER AT ITS OPTION SHALL BE ENTITLED TO HAVE THE CASE
TRANSFERRED TO THE JURISDICTION AND VENUE ABOVE-DESCRIBED, OR IF SUCH TRANSFER
CANNOT BE ACCOMPLISHED UNDER APPLICABLE LAW, TO HAVE SUCH CASE DISMISSED WITHOUT
PREJUDICE.

     IN WITNESS WHEREOF, Borrower has executed this Note as of the date first
above written.


                                        ---------------------------------------
================================================================================


                                                                    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 of Dynatronics Corporation on Form
10-KSB/A for the period ended June 30, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), Kelvyn H. Cullimore, Jr.,
Chief Executive Officer of the Company, and Terry M. Atkinson, Chief Financial
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/ Kelvyn H. Cullimore, Jr.
                                          -------------------------------------
Date: August 27, 2009                     Kelvyn H. Cullimore, Jr.
                                          Chairman, President & Chief Executive
                                          Officer
                                          Dynatronics Corporation



                                          /s/ Terry M. Atkinson
                                          -------------------------------------
Date: August 27, 2009                     Terry M. Atkinson, CPA
                                          Chief Financial Officer
                                          Dynatronics Corporation



The foregoing certifications are being furnished solely to accompany the Report
pursuant to 18 U.S.C. ss.1350, and are not being filed for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and are not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.





--------------------------------------------------------------------------------
#### JAMES ANNETT, PROSECUTOR-APPELLANT, v. EDWARD SALSBERG, RECORDER, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Submitted June *2,*1947

Decided September 12, 1947.

For the prosecutor-appellant, *Samuel J. Davidson.*

For the defendants-respondents, *Joseph Frederick Bratt*and *George F. Losche.*

Pee Cubiam.

These appeals are from determinations of the Supreme Court on *certiorari*affirming three convictions of appellant before the Recorder of River Yale, for violations of an ordinance of that township. The Supreme Court determined the' matter in an opinion by Mr. Justice Wachenfeld reported at 135 *N. J. L.*122, and we concur in the reasoning and result of that opinion. Points are attempted to be raised on this appeal wdiich were not argued or raised in the Supreme Court, but this may not be done. *Salisky v. Garfield,*132 *Id.*144.

A further reason for affirmance in these cases arises from the fact that no grounds of appeal have been filed nor were any grounds of appeal stated in the notices of appeal filed in the Supreme Court from the judgments of that court. Where the Supreme Court affirms a judgment of a lower court the proper ground of appeal in this court is one stating that the Supreme Court erred in giving judgment of affirmance instead of reversal. *LeConey*v. *Koch,*102 *N. J. L.*716. Neither that nor any other ground of appeal has been filed in this court. The inclusion in the record of the reasons on *certiorari*filed in the Supreme Court does not remedy the situation. • The record presented does not properly bring before this court any question for determination.

The judgments are affirmed.

*195No. 11—

*For affirmance*■ — ■ The Chancellor, Chief Justice, Donges, Heher, Eastwood, Burling, Wells, Dill, Freund, McLean, Schettino, JJ. 11.

*For reversal*— Colie, McGeehan, JJ. 2.

No. 12—

*For affirmance*— The Chancellor, Chief Justice, Donges, Heher, Eastwood, Burling, Wells, Dill, Freund, McLean, Schettino, JJ. 11.

*For reversal*— Colie, McGeehan, JJ. 2.

No. 13—

*For affirmance*— The Chancellor, Chief Justice, Donges, Heher, Eastwood, Burling, Wells, Dill, Freund, McLean, Schettino, JJ. 11.

*For reversal*— Colie, MoGeehan, JJ. 2.
EXHIBIT 32.2

CHIEF ACCOUNTING OFFICER CERTIFICATION OF PERIODIC REPORT UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

I, Jarett A. Misch, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Company for the quarter ended October 28, 2006 (the Report) fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated: December 12, 2006



|                                                       
|-------------------------------------------------------
|/s/ Jarett A. Misch                                    
|Jarett A. Misch                                        
|Vice President, Controller and Chief Accounting Officer
##### 



EXHIBIT 32
 CAPSTEAD MORTGAGE CORPORATION
CERTIFICATIONS PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2007 (the
Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m); and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:  August 6, 2007
    By:
    /s/ ANDREW F. JACOBSAndrew F. JacobsPresident and Chief Executive OfficerDate:  August 6, 2007
    By:
    /s/ PHILLIP A. REINSCHPhillip A. ReinschExecutive Vice President and
Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,792
<SECURITIES>                                     5,994
<RECEIVABLES>                                    6,738
<ALLOWANCES>                                       242
<INVENTORY>                                      1,616
<CURRENT-ASSETS>                                20,813
<PP&E>                                          18,549
<DEPRECIATION>                                  10,980
<TOTAL-ASSETS>                                  39,448
<CURRENT-LIABILITIES>                            8,015
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           125
<OTHER-SE>                                      31,825
<TOTAL-LIABILITY-AND-EQUITY>                    39,448
<SALES>                                          5,918
<TOTAL-REVENUES>                                13,556
<CGS>                                            1,810
<TOTAL-COSTS>                                    5,172
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   2
<INCOME-PRETAX>                                  1,578
<INCOME-TAX>                                       623
<INCOME-CONTINUING>                                955
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       955
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                      .15
        


</TABLE>
EXHIBIT 12
 CAPSTEAD MORTGAGE CORPORATION
COMPUTATION OF RATIO OF INCOME FROM CONTINUING OPERATIONS (BEFORE
FIXED CHARGES) TO COMBINED FIXED CHARGES AND PREFERRED STOCK
DIVIDENDS
(In thousands, except ratios)
(Unaudited)
  Six MonthsEnded
    
    
    Year Ended December 31,June 30, 2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003Fixed charges
    
    $
    128,699
    
    
    $
    275,648
    
    
    $
    235,521
    
    
    $
    106,909
    
    
    $
    44,939
    
    
    $
    58,924Preferred stock dividends
    
    
    5,063
    
    
    
    20,256
    
    
    
    20,256
    
    
    
    20,256
    
    
    
    20,259
    
    
    
    20,273Combined fixed charges and
preferred stock dividends
    
    $
    133,762
    
    
    $
    295,904
    
    
    $
    255,777
    
    
    $
    127,165
    
    
    $
    65,198
    
    
    $
    79,197Fixed charges
    
    $
    128,699
    
    
    $
    275,648
    
    
    $
    235,521
    
    
    $
    106,909
    
    
    $
    44,939
    
    
    $
    58,924Income from continuing
operations
    
    
    66,875
    
    
    
    24,713
    
    
    
    3,843
    
    
    
    17,195
    
    
    
    39,869
    
    
    
    58,666$
    195,574
    
    
    $
    300,361
    
    
    $
    239,364
    
    
    $
    124,104
    
    
    $
    84,808
    
    
    $
    117,590Ratio of income from continuing
operations (before fixed
charges) to combined fixed
charges and preferred
stock dividends
    
    
    1.46:1
    
    
    
    1.02:1
    
    
    
    
    
    
    
    
    
    
    
    1.30:1
    
    
    
    1.48:1Deficiency of income from
continuing operations (before
fixed charges) to combined fixed
charges and preferred stock
dividends
    
    
    
    
    
    
    
    
    
    $
    16,413
    
    
    $
    3,061
| Skip to Content*Release Date: December 9, 2004*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.222 Consumer Credit** |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Case 1:11-cv-02766-RPM Document 11 Filed 02/21/12 USDC Colorado Page 1 of 6
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Case 1:11-cv-02766-RPM Document 11 Filed 02/21/12 USDC Colorado Page 5 of 6
Case 1:11-cv-02766-RPM Document 11 Filed 02/21/12 USDC Colorado Page 6 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

 MAGISTRATE JUDGE MICHAEL E. HEGARTY

Civil Action No. 11-cv-02663-REB-MEH Date: September 14, 2012

Courtroom Deputy: Nick Richards FTR – Courtroom A501

DEMPSEY ALEXANDER KENNEDY and Nelson Patrick Boyle

CRYSTAL PHIFER,

Plaintiffs,

vs.

CORRECTIONS CORPORATION OF AMERICA and Edmund Martin Kennedy 

TAMMY MOSNESS,

Defendants. 

COURTROOM MINUTES/MINUTE ORDER

MOTION HEARING

Court in session: 10:01 a.m.

Court calls case. Appearances of counsel.

Opening statements by the Court.

Argument and discussion regarding Defendant Corrections Corporation of America’s Motion for

Protective Order [Doc. No. 64, filed September 11, 2012].

ORDERED: Defendant Corrections Corporation of America’s Motion for Protective Order [64]

is GRANTED without prejudice as to allow plaintiff’s counsel to produce a new

Fed. R. Civ. P. 30(b)(6) notice. 

Counsel shall inform the court on the morning of September 17, 2012 as to when

the deposition of defendant Tammy Mosness shall occur. Within five business

days of the deposition of Ms. Mosness, plaintiff’s counsel shall produce a new

Fed. R. Civ. P. 30(b)(6) notice. Should defense counsel wish to object, an

objection is due within five business days of receipt of the 30(b)(6) notice. 

ORDERED: The discovery cut-off and dispositive motion deadlines are both extended to

November 19, 2012. Counsel is granted an additional 10 interrogatories.

Case 1:11-cv-02663-REB-MEH Document 68 Filed 09/14/12 USDC Colorado Page 1 of 2
ORDERED: Status Conference is set for November 19, 2012 at 9:45 a.m. in Courtroom A-501

before Magistrate Judge Michael E. Hegarty to discuss the status of the case and

the status of trial.

Court in recess: 10:37 a.m. (Hearing concluded)

Total time in court: 0:36

Case 1:11-cv-02663-REB-MEH Document 68 Filed 09/14/12 USDC Colorado Page 2 of 2
**Exhibit 99.2**

 

Certificationof CEO under Section 906 of the Sarbanes-Oxley Act of 2002

 

I certify that thisamendment to the periodic report containing the issuer’s financial statementsfully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information containedIn this periodic report fairly presents in all material respects, the financialcondition and results of operations of the issuer.

 
|   | By:    | /s/ Keith C Robbins                 |   |
|--------|--------|-------------------------------------|--------|
|   |   | Keith C. Robbins                    |
|   |   | President, Chief Executive  Officer |
|   |   | May 28, 2003                        |

 

Certificationof CFO under Section 906 of the Sarbanes-Oxley Act of 2002

 

I certify that thisamendment to the periodic report containing the issuer’s financial statementsfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that informationcontained In this periodic report fairly presents in all material respects, thefinancial condition and results of operations of the issuer.

 
|   | By:    | /s/ John F Coger                                   |   |
|--------|--------|----------------------------------------------------|--------|
|   |   | John F Coger                                       |
|   |   | Executive Vice President,  Chief Financial Officer |
|   |   | May 28, 2003                                       |

 

----
<PAGE>

                                                                    EXHIBIT 32.2

                                  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 Annual Report on Form 10-K (the "Report") of
First National Master Note Trust (the "Trust") for the year ended December 31,
2003, I, Jean L. Koenck, Senior Vice President of First National Funding
Corporation as managing member of First National Funding LLC as transferor and
co-registrant, hereby certify pursuant to 18 U.S.C. Section 1350 as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge 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 Trust.

Dated: March 29, 2004             FIRST NATIONAL MASTER NOTE TRUST

                                  By:  First National Funding LLC, as Transferor
                                       And Co-Registrant

                                  By:  First National Funding Corporation,
                                       Managing Member

                                  By:  /s/ Jean L. Koenck
                                       -----------------------------------------
                                       Jean L. Koenck, Senior Vice President
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

MAGISTRATE JUDGE MICHAEL E. HEGARTY

Civil Action No. 11-cv-02560-MSK-MEH FTR – Courtroom A501

Date: November 6, 2012 Cathy Coomes, Courtroom Deputy

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Iris Halpern

 Sean Ratliff

Plaintiff,

v.

WENDY J. CABRERA, Kent Eichstadt

Intervenor Plaintiff,

v.

THE ORIGINAL HONEYBAKED HAM COMPANY Angelo Spinola

OF GEORGIA, INC., Benson Pope

Danielle Kitson

Defendant.

AMENDED COURTROOM MINUTES/MINUTE ORDER

TELEPHONIC MOTION HEARING

Court in session: 11:07 a.m.

The Court calls case. Appearances of counsel. Mr. Spinola appears by telephone.

The Court advises counsel that he is considering appointing a special master at Defendant’s

expense on the issues of social media, e-mails, and texts. Discussion held regarding appointment

of a special master. 

Argument and discussion regarding Defendant’s Motion to Compel under Fed. R. Civ. P. 37

[Doc. 177 (Doc. 172 sealed), filed 9/6/12]. 

Discussion held regarding re-opening Wendy Cabrera’s deposition. 

The Court takes the motion under advisement.

Court in recess: 1:04 p.m. (Hearing concluded)

Total time in court: 1:57

Case 1:11-cv-02560-MSK-MEH Document 240 Filed 11/06/12 USDC Colorado Page 1 of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary 

          - [Transmittal Nos. 08-88] 

# AGENCY:

Department of Defense, Defense Security Cooperation Agency. 

# ACTION:

Notice. 

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. 

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740. 

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-88 with attached transmittal, policy justification, and Sensitivity of Technology. 

Dated: October 7, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 61800)          ( print page 61801)          ( print page 61802)          ( print page 61803)    

BILLING CODE 5001-06-M 

[FR Doc. E8-24453 Filed 10-16-08; 8:45 am] 

                BILLING CODE 5001-06-C                       ( print page 61804)
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 North Pittsburgh Systems, Inc. (the
Company) on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, H. R. Brown, 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 Sections 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.



Date: August 9,
2005



/s/ H. R. BrownH. R. BrownPresident and Chief Executive Officer




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