alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Barrick et al. *v.*Morgan Construction Supply Corporation.

[No. 19,692.

Filed March 10, 1964.]

*673*Lucas, Clifford & Wildermuth*and *William F. Kane, Jr.,*both of Gary, for appellants.

*Mox G. Ruge,*of Chester on, for appellee.

Ryan, J.

— This was an action to foreclose a mechanic’s lien for materials and labor supplied by the appellee for use in a home being constructed upon the property of the appellants. Trial was had by the court and judgment was entered in favor of the plaintiff - appellee. A motion for a new trial was filed and was overruled, and appellants now assert the overruling of such motion as their assignment of errors.

Appellants in substance argue that the materials were not actually used in the erection of the home; that they were not furnished at the authority of the landowner; that they were furnished under an open account, and that the notice of intention to hold a lien was not filed within the statutory sixty (60) day period.

These general propositions as stated by the appellants are correct expositions of the law, and if supported by the factual situation would of course preclude a recovery by the appellee.

Briefly, the evidence adduced before the trial court, and most favorable to the appellee, indicates that the appellee did in fact prepare an estimate of costs for the labor and materials for the home which was being built for the appellants. There is also evidence that the appellants supervised some of the details of the construction, and selected some of the colors for the painters ; that the appellants visited the premises many times during the construction, and that there was a sign erected on the lot that appellee was furnishing the materials for its construction; that the notice of intention to hold a lien was filed on November 9, 1959, and that a carpenter employed by the appellee performed some *674work on September 12 and October 1, 1959. Invoices for the materials were also introduced and admitted into evidence.

Where there is evidence or evidence from which reasonable inferences can be drawn to support the material elements essential to recover, this court can not substitute its judgment for that of the trial court. Our purpose is to determine the questions of law which allegedly have been determined incorrectly by the trial court, and not questions of fact.

There being some evidence to sustain the essential allegations necessary for recovery, the judgment of the court below is affirmed.

Judgment affirmed.

Carson, C. J., Clements, J.,* and Cooper, J’., concur.

Note. — Reported in 196 N. E. 2d 762.

*

 While Judge Clements participated in the hearing of oral argument and a conference of the judges, and concurred in the result at the time of the conference, his untimely death occurred before the adoption of this opinion.
#### STATE OF NEW JERSEY v. RONALD WHEELER.

November 2, 1987.

Petition for certification denied.
EXHIBIT 11


                           IPI, INC. AND SUBSIDIARIES
              STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE
                    (In Thousands, Except Per Share Amounts)

<TABLE>
<CAPTION>
                                                            Three Months Ended              Six Months Ended
                                                                  May 31,                        May 31,
                                                          ----------------------          ---------------------
                                                          1998              1997          1998             1997
                                                          ----              ----          ----             ----
<S>                                                     <C>               <C>          <C>               <C>    
Net Income                                             $    557           $   455      $   945           $   769

Weighted average number of issued shares
     outstanding                                          4,734             4,734        4,734             4,734

Shares used in computation of basic earnings
     per common stock                                     4,734             4,734        4,734             4,734
                                                          =====             =====        =====             =====

Dilutive effect of outstanding stock options and
     stock warrants after application of treasury 
     stock method                                            12                 0           11                 0
                                                          -----             -----        -----             -----

Common and common equivalent shares
     outstanding-diluted                                  4,746             4,734        4,745             4,734
                                                          =====             =====        =====             =====

Basic earnings per common share                        $    .12           $   .09      $   .20           $   .16
                                                       ========           =======      =======           =======
Diluted earnings per common share                      $    .12           $   .09      $   .20           $   .16
                                                       ========           =======      =======           =======
</TABLE>
584 A.2d 202

#### STATE OF NEW JERSEY v. KEVIN TETTERTON.

May 1, 1990.

Petition for certification denied.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ERIC A,

Pla i ntiff-Appe lle e , v. GEOR GE VER

KLER , De fe nda nt-Appe l la

nt. No. 15-30244

D.C . No. 2:15-c r-00041-JC C
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the W e ste rn Distric t of W a shington John C . C o u ghe nour, Distric t Judge , Pre siding Subm itte d De c e m

be r 14, 2016 ** B e fore : WALLAC E, LEAVY, a nd FISHER , C irc uit Judge s. Ge orge Ve rkle r a

ppe a ls from

the distric t c ourt’ s judgm e nt a nd c h a lle nge s his guilty -ple a

c onvic tions a

nd 24-m onth c onc urre nt se nte nc e s for the ft of gove rnm e nt funds, in viola

tion of 18 U.S.C . § 641, c onse c utiveto 24-m onth c o nc urre nt
se nte nc e s for a ggravate d ide ntity the ft, in viola

tion of 18 U.S.C . § 1028A. 

# FIL ED DEC 19 2016 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Pursua

nt to Ande rs v . C

alifornia , 386 U.S. 738 (1967), Verkle r’ s c ounse l ha s file d
a brie f stating tha

t the re are no grounds for re lie f, a long with a m o tion to withdra

w a s c o unse l of re c ord. Ve rkle r ha s file d pro se supple m e nta l ope ning a nd re ply brie fs. No a

nswe ring brie f ha s be e n

file d. Ve rkle r wa ive d

his right to a

ppe a l his c onvic tion a

nd se nte nc e . Our indepe nde nt re vie w of the re c ord pursua nt to P e n son v . Ohio , 488 U.S. 75, 80 (1988), disc lose s no a

rgua ble issuea s to the va lidity of the wa ive r, inc luding the volunta rine ss of theple a . Se eUnite d State s v . W atson , 582 F.3d 974, 986-88 (9th C ir. 2009). W e a c c ordingly dismiss the a

ppe a l. Se eid. at 988. To thee xte nt tha

t Ve rkle r se e ks to ra ise c la i m s of ine ffe c tive a ssista nc e of
c ounse l, we de c line to a d d re ss the se issue s on dire c t a p pe a l. S e e Unite d State

s v . Rahman , 642 F.3d 1257, 1259-60 (9th C ir. 2011). C ounse l’ s m otion to withdra w is G RANT E D ; Ve rkle r’ s pro sem otion to dismiss c ounse l a

nd to a ppoint substitute c ounse l is DE NIE D. DISM I SSE D.

1 5
- 3 0 2 4 4 2
#### STATE OF NEW JERSEY v. IRVING HENDERSON.

October 20, 1987.

Petition for certification denied.
#### STATE OF NEW JERSEY v. EDWIN ANDINO.

October 6, 1987.

Petition for certification denied.
1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Navient Student Loan Trust 2014-3 (the “Exchange Act periodic reports”);
 
 2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report;
 
 3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
 
 4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer and administrator have fulfilled their obligations under the servicing agreement and administration agreement, as applicable, in all material respects; and
 
 5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Xerox Education Services, LLC, as subservicer, and Deutsche Bank National Trust Company, as indenture trustee.
 
  
 
  
 /s/ SOMSAK CHIVAVIBUL
OMB No. 3124-0017, Exp. 09/30/2026

PART 4 - Designation of Representative 

26. Has an individual or organization agreed to represent you in this proceeding before the Board? (You may designate a representative

at any time. However, it is unlikely that the appeals process will be delayed for reasons related to obtaining or maintaining

representation. Moreover, you must promptly notify the Board in writing of any change in representation.)

Yes (complete the information below and sign) No 

DESIGNATION: 

"I hereby designate ____________________________________ to serve as my representative during the course of this appeal. 

I understand that my representative is authorized to act on my behalf. In addition, I specifically delegate to my representative the authority to 

settle this appeal on my behalf. I understand that any limitation on this settlement authority must be filed in writing with the Board." 

Representative's address (number and street, city, state and ZIP code) 

Address: 

City: 

State: ZIP Code: 

Representative's telephone numbers (include area code) and 

email address 

Office: 

Fax: Other: 

Email 

Address:

SIGN BELOW TO MAKE YOUR DESIGNATION OF REPRESENTATIVE EFFECTIVE 

_______________________________________________________ ___________________ 

Appellant’s Signature Date (MM/DD/YYYY) 

MSPB Form 185, Page 7 (Rev. 09/23)

5 C.F.R. parts 1201, 1208, and 1209
Exhibit 31.2
**BankAtlantic Bancorp, Inc.**
I, Alan B. Levan, certify that:
1. I have reviewed this quarterly report on Form10-Q/A of BankAtlantic Bancorp, Inc.;
2. Based on my knowledge, this quarterly report doesnot contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, inlight of the circumstances under which such statements weremade, not misleading with respect to the period covered by thisquarterly report;
3. Based on my knowledge, the financial statements,and other financial information included in this quarterlyreport, fairly present in all material respects the financialcondition, results of operations and cash flows of theregistrant as of, and for, the periods presented in thisquarterly report;
4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have:
 a. designed such disclosure controls andprocedures, or caused such disclosure controls andprocedures to be designed under our supervision, toensure that material information relating to theregistrant, including its consolidated subsidiaries, ismade known to us by others within those entities,particularly during the period in which this quarterlyreport is being prepared;
 b. evaluated the effectiveness of theregistrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions aboutthe effectiveness of the disclosure controls andprocedures, as of the end of the period covered by thisquarterly report based on such evaluation; and
 c. disclosed in this report any change inthe registrant’s internal control over financialreporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5. The registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditorsand the audit committee of registrant’s board of directors (orpersons performing the equivalent functions):
 a. all significant deficiencies andmaterial weaknesses in the design or operation ofinternal control over financial reporting which arereasonably likely to adversely affect the registrant’sability to record, process, summarize and reportfinancial information; and
 b. any fraud, whether or not material,that involves management or other employees who have asignificant role in the registrant’s internal controlover financial reporting.
Date: June 24, 2004
By: /s/ Alan B. Levan
<TABLE> <S> <C>
                        

       
<CAPTION>

<S>                                     <C>
<ARTICLE>                               5
<PERIOD-TYPE>                                                       3-MOS
<FISCAL-YEAR-END>                                                   DEC-31-1996
<PERIOD-END>                                                        SEP-30-1996
<CASH>                                                              421,996
<SECURITIES>                                                        0
<RECEIVABLES>                                                       291,380
<ALLOWANCES>                                                        0
<INVENTORY>                                                         433,294
<CURRENT-ASSETS>                                                    2,221
<PP&E>                                                              59,111
<DEPRECIATION>                                                      33,291
<TOTAL-ASSETS>                                                      1,281,243
<CURRENT-LIABILITIES>                                               695,727
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                            4,369
<OTHER-SE>                                                          581,147
<TOTAL-LIABILITY-AND-EQUITY>                                        1,281,243
<SALES>                                                             3,421,973
<TOTAL-REVENUES>                                                    3,421,973
<CGS>                                                               2,077,951
<TOTAL-COSTS>                                                       1,741,519
<OTHER-EXPENSES>                                                    0
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                                  32,272
<INCOME-PRETAX>                                                    (416,764)
<INCOME-TAX>                                                        2,273
<INCOME-CONTINUING>                                                (419,037)
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                       (419,037)
<EPS-PRIMARY>                                                      (.10)
<EPS-DILUTED>                                                      (.10)

        




</TABLE>
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 BankAtlantic  Bancorp,
Inc. (the  "Company") on Form 10-Q/A for the period ended  September 30, 2002 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, James A. White, Chief Financial Officer of the Company,  certify,
pursuant  to 18  U.S.C.  &1350,  as  adopted  pursuant  to  Section  906  of the
Sarbanes-Oxley Act of 2002, that:

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

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



By/s/James A. White
-------------------
Name: James A. White
Title: Chief Financial Officer
Date: February 21, 2003



     The foregoing certificate is provided solely for purposes of complying with
Section  906 of the  Sarbanes-Oxley  Act  of  2002  and  for  no  other  purpose
whatsoever.  Notwithstanding anything to the contrary set forth herein or in any
of the Company's  previous filings under the Securities Act of 1933, as amended,
or the Securities  Exchange Act of 1934, as amended,  that might incorporate the
Company's  future filings,  including this Quarterly  Report on Form 10-Q/A,  in
whole or in part, this  Certificate  shall not be incorporated by reference into
any such filings.
Coal - MSHA Samples Average Quartz Concentration at
Designated Occupations*

60
55.5

50

:

eB *

=

=

rs)

c 30

°

U

N

y

-

eo 20

s

joj

ry.)

>

a 10
0

6007
otoz
TIOZ
ra tera
€T0z
vtoz
sTOZ
9T0z
LT0z
8T0z
6102
T7z0z
7207

* Designated Occupations (DO) are occupations exposed to the highest levels of respirable coal mine dust. Calendar Year data.

Slide Code: CH-5

SHA.GOV/M 2


Coal - Number of Valid MSHA Quartz Samples

16,000
14,000
12,000
10,000
8,000
6,000
4,000
3,928 3,573
2,000
0
N nN N N nN N N nN N N nN N N nN N N N N nN N N nN
8ssssegsgsgssee2ee282 822288288 8
La Nn w > uw oa ~ co wo o La N w > uw a ~ oo i) Oo Law N
Calendar Year

Slide Code: CH-4

SHA.GOV/M :


Coal - MSHA Quartz Samples % > 100 pg/m?

20% fE7I%
18%
16%
14%
2
o 12%
S
A 10%
2 38%
°
1S)
ao) 6%
B
> 4%
x 1.78%
2% 2.43% 14196 1.29% 1.28% 1.08% 1.02% 0.92% 0.89%
0%
nN N nN N N N N N N N N N nN N nN N nN N N N N N
8sse8ss 88 8s 8 E2_ERB UE SRK Ae EEEESESE SE BF
Rr N w > uw a ~ co o i=} r N w > wu a ~N oo wo o er N

Calendar Year

Slide Code: CH-6

SHA.GOV/MDRS 4



160,000

140,000

120,000

100,000

80,000

60,000

40,000

20,000

Coal - Number of Valid MSHA & Operator Respirable Dust

Samples
1.5 mg/m? standard in effect 8/1/16
e/ /1/ 138,816 140,515
CPDM required 2/1/16 139,558
115,14:
100,941
103,515
84,532
73,383 73347 75,304 74,315 61,652
66,760 60,291
SS SSSRERSRRESREREESEESSEREEBB
8ss8s8s8 sss 8 8& BEBE 2B EE Ye BES BSR
re N Ww +> uw a ~ o © o Lal N w > uw ion) ~ co wo o La nN

Calendar Year

SHA.GOV/MDRS

Slide Code: CH-1

1


Underground Coal - MSHA & Operator Samples Average Dust

Concentrations at Designated Occupations*
1.10

1.00

0.90 \

0.80

0.70

0.60

Avg. Dust Concentration - mg/m?

0.50

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
—@- MSHA 1.06 1.01 0.93 0.92 0.93 0.99 0.97 0.90 0.82 0.80 0.73 0.73 0.71 0.70 0.69 0.63 0.61 0.61 0.57 0.59 0.58 0.54
—@-Operator| 0.92 0.87 0.82 0.85 0.85 0.88 0.82 0.76 0.77 0.74 0.73 0.72 0.69 0.68 0.64 0.69 0.63 0.61 0.60 0.60 0.59 0.58

* Designated Occupations (DO) are occupations exposed to the highest levels of respirable coal mine dust. Calendar Year data. slide Code: cH.2
ide Code: CH-

SHA.GOV/MDRS



Coal - All MSHA & Operator Respirable Dust Samples

Over Standard (%)
14%

12%
10%
8%
6%

~~
wl Ne
2% =e

bh 0)

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
—O— MSHA 6.33% 5.51% 3.90% 3.87% 4.43% 4.53% 4.03% 3.18% 2.51% 2.30% 1.97% 1.91% 1.66% 1.33% 1.01% 1.12% 1.64% 1.57% 1.37% 1.30% 1.37% 1.26%
—®— Operator |11.94% 10.18% 8.48% 9.49% 10.09% 9.93% 9.49% 7.22% 7.21% 6.20% 5.98% 5.28% 4.55% 3.62% 2.22% 0.69% 0.71% 0.76% 0.70% 0.69% 0.65% 0.74%

0%

Slide Code: CH-3b

SHA.GOV/M