alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hill’s Supermarkets, Inc., Plaintiff, *v.*Stony Brook Dairies, Inc., Defendant.

Supreme Court, Special Term, Nassau County,

April 22, 1957.

*166
      *Edwin J. Freedman*for plaintiff.

*Harry L. Marcus*for defendant.

David Kusnetz, J.

This is an action for an injunction to restrain the defendant from using a name in the conduct of its business similar to that used by the plaintiff in its business. The plaintiff operates a chain of super markets in the counties of Nassau and Suffolk and in connection with its business, sells butter, eggs, and evaporated milk in packages or cans bearing the name “ Stony Brook”. This name has been used by the plaintiff for some 18 years and the plaintiff, during that time has done some advertising of the name in local newspapers and circulars. The defendant is in the business of selling and distributing fluid milk and cream. In June, 1953, the defendant changed its name to Stony Brook Dairies, Inc., and uses that name on its containers. The defendant sells its milk only at wholesale and it is then sold by the wholesalers at retail. The plaintiff sells only at retail.

It is plaintiff’s contention that the defendant’s use of the name *“*Stony Brook ” constitutes unfair competition and that the defendant should be enjoined from the use of that name.

The grounds upon which unfair competition will be enjoined are (1) that the means used are dishonest; (2) that by false representation or imitation of a name or device there is a tendency to create confusion and thus work a fraud upon the public by inducing it to accept a spurious article *(Dress Circle*v. *Franklin Simon & Co.,*174 Misc. 176). A strong case must be made out to warrant the issuance of an injunction. *(Stone*v. *Marcus Loew Booking Agency,*63 N. Y. S. 2d 220.)

There is absolutely no proof in the record before this court which would show that the means used are dishonest or for the purpose of perpetrating a fraud. Furthermore, the plaintiff has failed to show that the defendant is attempting to palm off on the purchasing public its merchandise as the merchandise of the plaintiff *(Mavco, Inc.,*v. *Hampden Sales Assn.,*273 App. Div. 297).

At an examination before trial of the plaintiff by its president it was admitted by him that he had no information that any particular retail distributors had passed off to the consuming public, milk and cream sold by the defendant as plaintiff’s milk *167and cream; nor is there any proof that there is a likelihood of confusion in the mind of the purchasing public.

Under the circumstances, judgment is rendered for the defendant dismissing the complaint.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAJESH VARMA; MAHIMA VARMA, 

Plaintiffs-Appellants, 

 v. 

AMERICA’S WHOLESALE LENDER, Its 

Successors and/or Assigns, 

Defendant-Appellee.

No. 16-56440 

D.C. No. 5:15-cv-02608-JGB-SP 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Jesus G. Bernal, District Judge, Presiding

Submitted June 26, 2017**

Before: PAEZ, BEA, and MURGUIA, Circuit Judges.

Rajesh Varma and Mahima Varma appeal pro se from the district court’s 

judgment dismissing sua sponte their action alleging violations of the Truth in 

Lending Act (“TILA”) and state law claims. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo. Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUL 3 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-56440 

Cir. 1987). We affirm.

The district court properly dismissed the Varmas’ action alleging a TILA 

claim for rescission because the Varmas did not exercise their right of rescission 

within three years of when they consummated the loan transaction. See 15 U.S.C. 

§ 1635(f); Beach v. Ocwen Fed. Bank, 523 U.S. 410, 412-13, 419 (1998) 

(explaining that “§ 1635(f) completely extinguishes the right of rescission at the 

end of the 3-year period”). 

The district court did not abuse its discretion in denying leave to amend 

because amendment would be futile. See Cervantes v. Countrywide Home Loans, 

Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and 

explaining that a district court can dismiss without leave to amend where 

amendment would be futile).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
S. 2154 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To amend the Public Health Service Act to reauthorize the Emergency Medical 

Services for Children Program. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Emergency Medical Services 

for Children Reauthorization Act of 2014’’. 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

Section 1910(d) of the Public Health Service Act (42 U.S.C. 

300w–9(d)) is amended— 

(1) by striking ‘‘and $30,387,656’’ and inserting 

‘‘$30,387,656’’; and 

(2) by inserting before the period ‘‘, and $20,213,000 for 

each of fiscal years 2015 through 2019’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Exhibit 32.2
                                                                    ------------


                    CERTIFICATION OF CHIEF FINANCIAL 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 Zond-PanAero Windsystem Partners I, a
California Limited Partnership (the "Partnership") on Form 10-Q for the three
months ended June 30, 2006 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Mary H. Cilia, Chief Financial Officer of
Zond Windsystems Management LLC, as General Partner of the Partnership, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, 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
     Partnership for the three months ended June 30, 2006


Date:  August 14, 2006
                                /s/ MARY H. CILIA
                                ------------------------------
                                Mary H. Cilia
                                Chief Financial Officer
                                Zond Windsystems Management LLC, as General
                                Partner of Zond-PanAero Windsystem Partners I, a
                                California Limited Partnership
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 3-mos
<FISCAL-YEAR-END>             Nov-30-1997
<PERIOD-END>                  Feb-28-1997
<CASH>                        1,964,558
<SECURITIES>                  000
<RECEIVABLES>                 77,344
<ALLOWANCES>                  000
<INVENTORY>                   000
<CURRENT-ASSETS>              000
<PP&E>                        000
<DEPRECIATION>                000
<TOTAL-ASSETS>                2,076,089
<CURRENT-LIABILITIES>         191,859
<BONDS>                       000
<COMMON>                      000
<PREFERRED-MANDATORY>         000
<PREFERRED>                   000
<OTHER-SE>                    1,884,230
<TOTAL-LIABILITY-AND-EQUITY>  2,076,089
<SALES>                       000
<TOTAL-REVENUES>              27,767
<CGS>                         000
<TOTAL-COSTS>                 6,993
<OTHER-EXPENSES>              45,901
<LOSS-PROVISION>              000
<INTEREST-EXPENSE>            000
<INCOME-PRETAX>               (25,127)
<INCOME-TAX>                  000
<INCOME-CONTINUING>           (25,127)
<DISCONTINUED>                000
<EXTRAORDINARY>               000
<CHANGES>                     000
<NET-INCOME>                  (25,127)
<EPS-PRIMARY>                 (.50)
<EPS-DILUTED>                 (.50)
        

</TABLE>
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                  5
<MULTIPLIER>           1,000


       
<S>                            <C>
<PERIOD-TYPE>              3-MONTHS
<FISCAL-YEAR-END>          MAY-31-1997
<PERIOD-END>               AUG-31-1997
<CASH>                               0      
<SECURITIES>                         0
<RECEIVABLES>                  247,684
<ALLOWANCES>                    20,644
<INVENTORY>                          0
<CURRENT-ASSETS>               282,721
<PP&E>                         440,774    
<DEPRECIATION>               1,932,241
<TOTAL-ASSETS>                 742,043
<CURRENT-LIABILITIES>        1,173,468
<BONDS>                              0
<COMMON>                       677,557     
<PREFERRED-MANDATORY>          176,958
<PREFERRED>                    100,000         
<OTHER-SE>                  (1,612,491)    
<TOTAL-LIABILITY-AND-EQUITY>   742,043  
<SALES>                      1,844,021         
<TOTAL-REVENUES>               579,645
<CGS>                        1,264,376                  
<TOTAL-COSTS>                1,916,593         
<OTHER-EXPENSES>              (197,413)
<LOSS-PROVISION>               (72,572)             
<INTEREST-EXPENSE>            (178,259)         
<INCOME-PRETAX>               (269,985)            
<INCOME-TAX>                         0
<INCOME-CONTINUING>           (269,985)
<DISCONTINUED>                       0
<EXTRAORDINARY>                      0
<CHANGES>                            0
<NET-INCOME>                  (269,985)     
<EPS-PRIMARY>                    (0.18)
<EPS-DILUTED>                    (0.18)
        

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


<ARTICLE>                     5
<LEGEND>
      
</LEGEND>
<CIK>                         768152      
<NAME>                        Triton Asset Management, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JUL-01-1998
<PERIOD-END>                                   SEP-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          3820
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       159000
<OTHER-SE>                                     (162820)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTEDPURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theAnnual Report of Uni-Pixel, Inc. (the “Company”) on Form 10-KSB/A(Amendment No. 1) for the year ending December 31, 2007 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,James A. Tassone, Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

·             The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C 78m(a) or 78o(d)); and

·             The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Date:  | September 26, 2008 | By:    | /s/ James A. Tassone                       |
|--------|-------------------------|--------|--------------------------------------------|
|   |                    |   | James A. Tassone, Chief  Financial Officer |

 

*Asigned original of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to Uni-Pixel, Inc. and willbe retained by Uni-Pixel, Inc. and furnished to the Securities andExchange Commission or its staff upon request.  The foregoingcertification is being furnished solely pursuant to 18 U.S.C. Section 1350and shall not be deemed filed by the Company for purposes of Section 18 ofthe Securities Exchange Act of 1934, as amended.*

 

----
EXHIBIT
10.2
  AMENDMENT
OF
 PLATINUM
UNDERWRITERS HOLDINGS, LTD.
 AMENDED
AND RESTATED SHARE UNIT PLAN FOR
 NONEMPLOYEE
DIRECTORS
  On
October 22, 2008, the Board of Directors (the “Board”) of Platinum Underwriters
Holdings, Ltd. (the “Company”) approved amendments to the Company’s Amended and
Restated Share Unit Plan for Nonemployee Directors (the “Director Plan”) as a
result of the adoption of Section 457A of the U.S. Internal Revenue Code of
1986, as amended (the “Code”).  In accordance with Section 457A of the
Code, these amendments are intended to eliminate the deferral of income tax on
compensation for services performed after December 31, 2008 by any employee of
the Company who is a taxpayer in the United States of
America.  Defined terms used but not defined below shall have the
meanings ascribed thereto in the Director Plan.
 
 The
Director Plan was amended to provide that, after crediting to each Participant’s
Share Unit Account a Share Unit Award as of January 1, 2009 in respect of the
fourth calendar quarter of 2008, no additional Share Unit Awards shall be
granted or credited under the Director Plan; for the avoidance of doubt,
Dividend Equivalent Amounts shall continue to be credited to each Participant’s
Share Unit Account in accordance with the terms of the Director Plan, and all
Share Units that have been credited to such Participant’s Share Unit Account and
are outstanding as of January 1, 2009, and Dividend Equivalent Amounts that have
been credited to such Participant’s Share Unit Account at any time, shall be
settled in accordance with the terms of the Director Plan.
 
 In lieu
of Share Unit Awards under the Director Plan, each director of the Company who
is not an employee of the Company or any of its affiliates shall be paid,
following the end of each calendar quarter commencing with the first calendar
quarter of 2009, 100% of the aggregate dollar amount of his or her annual
retainer fees and meeting, committee and other fees earned by him or her for
service on the Board and Committees thereof for such calendar quarter in
cash.
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 of U.S. Geothermal Inc. (the Company) on Form 10-K/A for the period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Kerry D. Hawkley, 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, 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 Company.

|By | /s/ Kerry D. Hawkley   
|-- | -----------------------
|   | Kerry D. Hawkley       
|   | Chief Financial Officer

October 23, 2009

---
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00041-CV

SANDERS OIL & GAS, LTD. APPELLANT

V.

NEW TECH ENGINEERING, LP APPELLEE

------------

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 141-263013-12

------------

MEMORANDUM OPINION1 AND JUDGMENT

------------

On July 29, 2015, we notified appellant that their brief had not been filed as 

required by Texas Rule of Appellate Procedure 38.6(a). See Tex. R. App. P. 

38.6(a). We stated we could dismiss the appeal for want of prosecution unless 

appellant or any party desiring to continue this appeal filed with the court within 

ten days a response showing grounds for continuing the appeal. See Tex. R. 

App. P. 42.3. We have not received any response.

 

1See Tex. R. App. P. 47.4.
2

Because appellant’s brief has not been filed, we dismiss the appeal for 

want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL: MEIER, GABRIEL, and SUDDERTH, JJ. 

DELIVERED: September 10, 2015
EXHIBIT
      31.1





CERTIFICATION





PURSUANT
      TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Bohn
      H. Crain, certify that:





1.
      I have
      reviewed this transition report on Form 10-K of Radiant Logistics,
      Inc.;





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 annual report;





3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this annual report, fairly present in all material respects the
      financial condition, results of operations and cash flows of the registrant
      as
      of, and for, the periods presented in this annual report;





4.
      As the
      sole certifying officer, I am responsible for establishing and maintaining
      disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
      and 15d-15(e) for the registrant and have:





(a)
      Designed such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under my supervision, to ensure that
      material information relating to the registrant, including its consolidated
      subsidiaries, is made known to me by others within those entities, particularly
      during the period in which this report is being prepared;




(b)
      Evaluated the effectiveness of the registrant's disclosure controls and
      procedures and presented in this report my conclusions about the effectiveness
      of the disclosure controls and procedures, as of the end of the period covered
      by this annual report based on such evaluation; and





(c)
      Disclosed in this report any change in the registrant's internal control over
      financial reporting that occurred during the registrant's most recent fiscal
      quarter that has materially affected, or is reasonably likely to materially
      affect, the registrant's internal control over financial reporting;
      and





5.
      I have
      disclosed, based on my most recent evaluation of internal control over financial
      reporting, to the registrant's auditors and the audit committee of the
      registrant's board of directors:





(a)
      All
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the registrant's ability to record, process, summarize and
      report financial information; and





(b)
      Any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant's internal control over financial
      reporting.








DATE:
      October 1, 2007





BY:
      /s/ Bohn H. Crain


Chief
      Executive Officer/


Chief
      Financial Officer
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 Zond-PanAero Windsystem Partners I
(the "Partnership") on Form 10-Q for the three months ended June 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Eric D. Gadd, Chief Executive Officer of Zond Windsystems
Management LLC, as General Partner of the Partnership, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, 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 Partnership for the three months ended June 30, 2005.


Date: August 15, 2005
                                            /s/ ERIC D. GADD
                                            ------------------------------
                                            Eric D. Gadd
                                            Chief Executive Officer
                                            Zond Windsystems Management LLC, as
                                            General Partner of Zond-PanAero
                                            Windsystem Partners I