alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Josephine T. COMER, Administratrix of the Estate of Harold V. Comer, Plaintiff-Appellant v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

No. 84, Docket 28096.

United States Court of Appeals Second Circuit.

Argued Oct. 22, 1963.

Decided Oct. 22, 1963.

Nathan Baker, Hoboken, N. J. (Bernard Chazen and Baker, Garber *&*Chazen, Hoboken, N. J., on the brief), for plaintiff-appellant.

David J. Mountain, Jr., New York City (Myron D. Cohen and Conboy, Hewitt, O’Brien & Boardman, New York City, on the brief), for defendant-appel-lee.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.

PER CURIAM.

We affirm in open court a judgment entered on a jury verdict for defendant in this F. E. L. A. death action against the Pennsylvania Railroad. It is claimed that a verdict should have been directed in plaintiff’s favor and that it was prejudicial error to receive in evidence a record card of the railroad containing matter relating to the conduct of a “key” witness for plaintiff and to his discharge or resignation from the employ of the railroad. There is ample evidence to support the verdict. Indeed, plaintiff barely made out a *prima facie*case. It would have been plain error had plaintiff’s motion for a directed verdict been granted. As the proof objected to tended to establish the hostility of the witness to the railroad it was independ*864ently admissible for consideration by the jury on the issue of the credibility of the witness. Such evidence, unlike that of proof of prior inconsistent statements, requires no foundation by questions on the cross-examination of the witness. United States v. Beekman, 2 Cir., 1946, 155 F.2d 580; People v. McDowell, 1961, 9 N.Y.2d 12, 210 N.Y.S.2d 514, 172 N.E.2d 279. The trial judge instructed the jury that this proof was to be considered solely on the issue of the credibility of the witness.

Affirmed.
**Exhibit 32(a)**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of Hickory Tech Corporation (HickoryTech) on Form 10-Q for theperiod ending June 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the Report), I, John E. Duffy, Chief ExecutiveOfficer of HickoryTech, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

 

(1)                                  TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| /s/ John E.  Duffy       |   |
|--------------------------|--------|
| John E.  Duffy           |
| Chief  Executive Officer |
| August 4,  2004          |

 

1

----
[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Page 52344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21161]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Reissuance

    Notice is hereby given that the following Ocean Transportation 
Intermediary license has been reissued by the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984 (46 
U.S.C. Chapter 409) and the regulations of the Commission pertaining to 
the licensing of Ocean Transportation Intermediaries, 46 CFR part 515.

------------------------------------------------------------------------
      License No.              Name/address            Date reissued
------------------------------------------------------------------------
000641F................  Wilmoth Fast             July 24, 2010.
                          Forwarding, Inc.,
                          13302 Michaelangelo
                          Drive, Bakersfield, CA
                          93314.
------------------------------------------------------------------------


Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. 2010-21161 Filed 8-24-10; 8:45 am]
BILLING CODE 6730-01-P
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61079 

[FR Doc. E8–24406 Filed 10–14–08; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 08–102] 

36(b)(1) Arms Sales Notification 

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 08–102 

with attached transmittal, and policy 

justification. 

Dated: October 7, 2008 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

BILLING CODE 5001–06–M 


jlentini on PROD1PC65 with NOTICESEN15OC08.047</GPH>
61080 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 


jlentini on PROD1PC65 with NOTICESEN15OC08.048</GPH>
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61081 


jlentini on PROD1PC65 with NOTICESEN15OC08.049</GPH>
61082 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

[FR Doc. E8–24407 Filed 10–14–08; 8:45 am] 

BILLING CODE 5001–06–C 


jlentini on PROD1PC65 with NOTICESEN15OC08.050</GPH>
The Honorable Charles A. Shaw, United States District Judge for the Eastern 1

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-2118

_____________

Minority Business Enterprise Legal *

Defense and Education Fund, Inc.; *

Pine Lawn Equality Association, Inc.; *

King Management Corporation; *

* Appeal from the United States

Appellants, * District Court for the

* Eastern District of Missouri.

v. *

* [UNPUBLISHED]

Wal-Mart Stores, Inc., *

*

Appellee. *

_____________

Submitted: December 8, 1997

Filed: December 19, 1997

_____________

Before BOWMAN, LOKEN, and HANSEN, Circuit Judges.

_____________

PER CURIAM.

Plaintiffs alleged that in violation of 42 U.S.C. § 1981(a) and § 1982 defendant

Wal-Mart Stores, Inc., rejected an unsolicited offer by plaintiff King Management

Corporation, an African-American owned business, to sell or lease property located in

Pine Lawn, Missouri. The District Court dismissed plaintiffs' complaint pursuant to 1
-2-

Fed. R. Civ. P. 12(b)(6) for failure to state a claim on which relief can be granted.

Plaintiffs appeal.

Having considered all the arguments made by plaintiffs for reversal, we conclude

that the complaint was properly dismissed for the reasons stated in the well-reasoned

memorandum and order of the District Court. Since an extended opinion by this Court

would add nothing of substance to the reasoning of the District Court, we forego further

discussion of the issues.

AFFIRMED. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.1

Certification by Chief Executive Officer of Amendment No. 1 on Form 10K/A

I, Richard D. McBee, Chief Executive Officer of Mitel Networks Corporation (Mitel), 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 Amendment No. 1 on Form 10-K/A of Mitel, for the year ended
December 31, 2015 filed with the U.S. Securities and Exchange Commission on the date hereof (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
Mitel.

Dated: April 27, 2016



/s/ Richard D. McBeeName: Richard D. McBee Title: President and
Chief Executive Officer
**EXHIBIT 32**
**CERTIFICATION**
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned hereby certifiesin his capacity as an officer of Monarch Community Bancorp, Inc. (the “Company”) that the AnnualReport of the Company on Form 10-KSB for the period ended December 31, 2004 fully complies with therequirements of Section 13(a) of the Securities and Exchange Act of 1934, as amended, and that theinformation contained in such report fairly presents, in all material respects, the financialcondition of the Company at the end of such period and results of operations of the Company forsuch period.        Date: March 18, 2005 By:  /s/ Donald L. Denney       Donald L. Denney    President and Chief Executive Officer(Principal Executive Officer)        Date: March 18, 2005 And:  /s/ William C. Kurtz       William C. Kurtz    Senior Vice President and Treasurer
EXHIBIT 32.1

UHF INCORPORATED

CERTIFICATE REQUIRED BY 18 U.S.C. ss.1350



CERTIFICATION



As required by 18 U.S.C. ss.1350, the undersigned certify that this Report on Form 10-KSB fully complies with the
requirements of section 13(a) of the Securities Exchange Act of 1934, as amended, and that the information contained in this Report on Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of the
registrant.



|      |  |                  |  |  |  |     |  |                              
|----- |  | ---------------- |  |  |  | --- |  | -----------------------------
|      |  |                  |  | 
|Date: |  | January 24, 2004 |  |  |  | By: |  | /s/    Ronald C. Schmeiser   
|      |  |                  |  |  |  |     |  |                              
|      |  |                  |  |  |  |     |  | Ronald C. Schmeiser President
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7045
WESLEY FORD HAMMOND, Petitioner - Appellant, versus RONALD J. ANGELONE, Respondent - Appellee.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-00-543-7) Submitted: November 30, 2000 Decided: December 27, 2000 Before WILKINS, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Wesley Hammond, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Local Rule 36(c).2 PER CURIAM: Wesley F. Hammond seeks to appeal the district court’s order denying relief on 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 denya certificate of appealability and dismiss the appeal on the reasoning of the district court. Hammond v. Angelone , No. CA-00-543-7 (W.D. Va. July 7, 2000). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 13.2 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Companhia de Saneamento Básico do Estado de São Paulo – Sabesp (the “Company”) on Form 20-F for the fiscal year ended December 31, 2015, as filed with the U.S. Securities and Exchange Commission on the date hereof (the “Report”), I, Rui de Britto Álvares Affonso, Chief Financial Officer and Investor Relations Officer, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes Oxley Act of 2002, that to the best of my knowledge: (i)the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and (ii)the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Date: May 11, 2016 By:/s/ Rui de Britto Álvares Affonso Name:    Rui de Britto Álvares Affonso Title:      Chief Financial Officer and Investor Relations Officer
Exhibit 31.1

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

     I, Christopher B. Glover, President of Lone Moose Adventures, Inc. (the
"small business issuer") certify that:

     1.   I have reviewed this Annual Report on Form 10-KSB of the small
business issuer;

     2.   Based on my knowledge, this Annual 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.   The Registrant's other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and we
have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to the Registrant, including its
          consolidated subsidiaries, is made known to us by others within
          those entities, particularly during the period in which this
          Annual Report is being prepared;

     b)   evaluated the effectiveness of the Registrant's disclosure
          controls and procedures as of a date within 90 days prior to the
          filing date of this Annual Report (the "Evaluation Date");
          and

     c)   presented in this Annual Report our conclusions about the
          effectiveness of the disclosure controls and procedures based on
          our evaluation as of the Evaluation Date;

     5.   The Registrant's other certifying officer and I have disclosed,
based on our most recent evaluation, to the Registrant's auditors and the
audit committee of Registrant's board of directors (or persons performing the
equivalent function);

     a)   all significant deficiencies in the design or operation of
          internal controls which could adversely affect the Registrant's
          ability to record, process, summarize and report financial data
          and have identified for the Registrant's auditors any material
          weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or
          other employees who have a significant role in the Registrant's
          internal controls; and


Dated: 6/16/2004                      Signature: /s/ Christopher B. Glover
       ---------                                -------------------------
                                                Christopher B. Glover
                                                President and director
**Exhibit 23.1**

 

**Independent Auditors’ Consent**

 

The Board ofDirectorsDividend Capital Trust Inc.:

 

We consent to theincorporation by reference in the registration statement (No. 333-113170) onForm S-3 of Dividend Capital Trust Inc. of our report dated February 10, 2004,with respect to the consolidated balance sheets of Dividend Capital Trust Inc.as of December 31, 2003 and 2002, and the related consolidated statementsof operations, shareholder’s equity (deficit), and cash flows for the yearended December 31, 2003 and the period from inception (April 12,2002) to December 31, 2002, and the related schedule III, whichreport appears in the December 31, 2003, annual report on Form 10-Kof Dividend Capital Trust Inc.

 

 
|                 | **KPMG LLP** |
|----------------------|--------------|
|                 |         |
| Denver, Colorado     |         |
| March 16,  2004 |         |

 

----
BEN & JERRY'S HOMEMADE, INC.
                      COMPUTATION OF NET EARNINGS PER SHARE
                     (In thousands except per share amounts)


<TABLE>
<CAPTION>



                                                     Thirteen weeks ended               Twenty-six weeks ended
                                                  6/27/98            6/28/97          6/27/98            6/28/97
                                                -------------      ------------     -------------      ------------
<S>                                                   <C>               <C>               <C>               <C>  
Basic: 
Weighted average shares outstanding                    7,245             7,274             7,244             7,236
                                                =============      ============     =============      ============

Net income                                            $2,130            $1,741            $2,510              $682
                                                =============      ============     =============      ============
Basic earnings per share amount                        $0.29             $0.24             $0.35             $0.09
                                                =============      ============     =============      ============


Diluted:
Weighted average shares outstanding                    7,245             7,274             7,244             7,236
Effect of dilutive securities
       
      Employee stock options                             301                63               254                64
                                                -------------      ------------     -------------      ------------
       
Diluted shares outstanding                             7,546             7,337             7,498             7,300
                                                =============      ============     =============      ============
Net income                                            $2,130            $1,741            $2,510              $682
                                                =============      ============     =============      ============
Diluted earnings per share amount                      $0.28             $0.24             $0.33             $0.09
                                                =============      ============     =============      ============


</TABLE>
[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Notices]
[Page 52527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21166]



[[Page 52527]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF10-6-000]


Southwestern Power Administration; Notice of Filing

August 19, 2010.
    Take notice that on August 17, 2010, the Department of Energy, 
Southwestern Power Administration, pursuant to Order 714 \1\ and 
section 35.28(e),\2\ submitted a baseline filing of its currently 
effective non-jurisdictional open access transmission tariff (OATT).
---------------------------------------------------------------------------

    \1\ Electronic Tariff Filings, Order No. 714, 73 FR 57515 (Oct. 
3, 2008), FERC Stats. & Regs ] 31,276 (2008) (Order No. 714).
    \2\ 18 CFR 35.28 (2010).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#8acccfd8c9c5e4e6e3e4efd9fffafae5f8fecaeceff8e9a4ede5fc"><span class="__cf_email__" data-cfemail="2c6a697e6f6342404542497f595c5c435e586c4a495e4f024b435a">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on September 7, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21166 Filed 8-25-10; 8:45 am]
BILLING CODE 6717-01-P


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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>                      See accompanying notes.
                              $ in thousands, except per share data
                         
</LEGEND>                                              
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              DEC-27-1997
<PERIOD-START>                                 JUN-29-1997
<PERIOD-END>                                   SEP-27-1997
<CASH>                                         51394
<SECURITIES>                                   0
<RECEIVABLES>                                  14413
<ALLOWANCES>                                   0
<INVENTORY>                                    12085
<CURRENT-ASSETS>                               86061
<PP&E>                                         62112
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 151676
<CURRENT-LIABILITIES>                          34592
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1
<COMMON>                                       243
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   151676
<SALES>                                        49956
<TOTAL-REVENUES>                               0
<CGS>                                          30838
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               89
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             466
<INCOME-PRETAX>                                4073
<INCOME-TAX>                                   1545
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2528
<EPS-PRIMARY>                                  .34
<EPS-DILUTED>                                  .34
        


</TABLE>
| Skip to Content*Release Date: June 7, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.118 Private Pension Funds1** |
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