alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
A04A1272.

#### DREAM MAKER CONSTRUCTION, INC. v. MURRELL et al.

(603 SE2d 72)

ELDRIDGE, Judge.

Dream Maker Construction, Inc. entered into a contract to sell land and a newly constructed house to April and Troy Murrell, which contract contained a broad arbitration agreement under the Georgia Arbitration Code. Alleged negligent construction, installation, and inspection caused carbon monoxide to injure the plaintiffs who sued Dream Maker and others for tortiously injuring them. Dream Maker answered, raising the defense of arbitration, and made a timely motion to compel arbitration, which the trial court denied. Finding no *722error, we affirm, because the Georgia Arbitration Code expressly excludes future personal injuries or wrongful death from the Act’s ambit.

Decided July 26, 2004

*Daniels & Taylor, Jerry A. Daniels,*for appellant.

This is an issue of first impression under the Georgia Arbitration Code, because the Act’s language is so clear and unambiguous on the issue of exclusion of future personal injury or wrongful death. Ga. L. 1988, pp. 903, 905-906, § 1 (OCGA§ 9-9-2 (c) (10)). While the parties entered into a valid and binding agreement to arbitrate all disputes under the Georgia Arbitration Code, the Georgia Arbitration Code was never intended by the General Assembly to encompass personal injury or wrongful death actions by the General Assembly, because the Act expressly excluded such subject matter from coverage. See OCGA § 9-9-2 (c) (1), (10). The Georgia Arbitration Code expressly excludes from the ambit of the Act all future medical malpractice, wrongful death, or personal injury actions; even though the agreement in this case had language broad enough to include such disputes, the clear and unambiguous language of the Act itself prohibited such inclusion. OCGA § 9-9-2 (c) (1), (10). Thus, as in this case, the arbitration agreement covers all other disputes that may arise from construction defects or warranty issues but cannot as a matter of Georgia public policy cover future personal injuries or wrongful death. OCGA § 9-9-2 (c) (10).

Plaintiffs authority to the contrary is inapposite. *Moses H. Cone Mem. Hosp. v. Mercury Constr. Corp.,*460 U. S. 1, 24-25 (103 SC 927, 74 LE2d 765) (1983), was a decision under the Federal Arbitration Act and is not binding authority, only persuasive authority; further, it did not involve future personal injuries or wrongful death. Likewise, Wise *v. Tidal Constr. Co.,*261 Ga. App. 670 (583 SE2d 466) (2003), arose as a Federal Arbitration Act case which did not involve personal injury or death, but which involved fraud. *Haynes v. Fincher,*241 Ga. App. 179, 180-181 (525 SE2d 405) (1999), was a Federal Arbitration Act case involving warranty defects and did not involve either future wrongful death or personal injuries. None of these cases comes under the Georgia Arbitration Code or involves future personal injury or wrongful death.

*Judgment affirmed.*

*Ruffin, P. J., and Adams, J., concur.*

*723*Warshauer, Thomas, Thornton & Rogers, Michael J. Warshauer, Lyle G. Warshauer, Swift, Currie, McGhee & Hiers, Charles B. Marsh, Barry S. Noeltner,*for appellees.
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

Pursuant to the requirements set forth in Rule 13a-14(b) of theSecurities Exchange Act of 1934, as amended (the “Exchange Act”), and Section1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), theundersigned, Leonard P. Shaykin, Chairman of the Board of Directors and ChiefExecutive Officer of Tapestry Pharmaceuticals, Inc. (the “Company”) doeshereby certify, to his knowledge, that:

 

(a)                                  the Quarterly Reporton Form 10-Q for the quarterly period ended June 29, 2005 of the Companyto which this certification is attached (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the Exchange Act, and

 

(b)                                 the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

Date: August 3, 2005

 
|       | /s/ LEONARD P. SHAYKIN                                                                  |       |
|------------|-----------------------------------------------------------------------------------------|------------|
| ** ** | **Leonard P. Shaykin  Chairman of the Board of Directors and  Chief Executive Officer** | ** ** |

 

A signed original of thiswritten statement required by Section 906 has been provided to TapestryPharmaceuticals, Inc. and will be retained by TapestryPharmaceuticals, Inc. and furnished to the Securities and ExchangeCommission (SEC) or its staff upon request. This certification “accompanies” the Form 10-Q to which it relates, isnot deemed filed with the SEC and is not to be incorporated by reference intoany filing of the Company under the Securities Act of 1933, as amended, or theSecurities Exchange Act of 1934, as amended (whether made before or after thedate of the Form 10-Q), irrespective of any general incorporation languagecontained in such filing.

 

----
#### TOWNSHIP OF STAFFORD v. WESLEY K. BELL, T/A WES OUTDOOR ADVERTISING.

November 21, 1986.

Petition for certification denied.
#### GAYNELLE WILSON, ETC. v. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD.

January 21, 1987.

Petition for certification granted. (See 213 *N.J.Super.*520)
FILED

United States Court of Appeals

Tenth Circuit

March 16, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JAMES DE MARCO; CHERYL DE

MARCO; GEORGE DE MARCO;

JEFFREY OTT; NANCY OTT, 

 Plaintiffs - Appellants, 

SLOPESIDE PROPERTIES, 

 Plaintiff, 

v. 

MICHAEL LAPAY, as an individual

and/or as an agent for Prudential Utah

Real Estate, and/or as an agent and/or

manager of Paladin Development

Partners; RORY MURPHY, as an

individual and/or as an agent and/or as

a manager of Paladin Development

Partners; GEORGE BRYANT, as an

individual and/or as an agent and/or as

a manager of Paladin Development

Partners; CHRISTOPHER CONABEE,

as an individual and/or as an agent

and/or as a manager of Paladin

Development Partners; PALADIN

DEVELOPMENT PARTNERS, a Utah

limited liability company; HEATHER

PETERSON, as an individual and/or

as an agent for Prudential Utah Real

Estate; CARRIE SHOAF, as an

individual and/or as an agent for

Prudential Utah Real Estate; DUSTY

ORRELL, as an individual and/or as

an agent for Prudential Utah Real

Estate; KEELIE WEST, as an

individual and/or as an agent for

No. 09-4232

(D.C. No. 2:09-CV-00190-TS)

(D. of Utah)

Appellate Case: 09-4232 Document: 01018385209 Date Filed: 03/16/2010 Page: 1 
2

Prudential Utah Real Estate; DICK

STONER, as an individual and/or as

an agent for Prudential Utah Real

Estate; JOSEPH E. WRONA, DBA

Prudential Utah Real Estate;

PRUDENTIAL UTAH REAL

ESTATE, 

Defendants - Appellees.

ORDER

This appeal is dismissed for lack of prosecution. 10 Cir. R. 42.1. 

th

Appellants are advised that, although they filed a document captioned “Withdrawal

of Notice of Appeal” in the district court on January 24, 2010, a request for

dismissal of a docketed appeal must be filed in this court - not the district court. 

See Fed. R. App. P. 42 (b). The court also notes the appellants’ failure to respond

to the directives of this court, issued on December 22, 2009, January 25, 2010, and

February 17, 2010, as well as their failure to comply with the court rules. 

A copy of this order shall stand as and for the mandate of this court. 

Entered for the Court

ELISABETH SHUMAKER, Clerk of Court 

by:

Christine Van Coney

Counsel to the Clerk

Appellate Case: 09-4232 Document: 01018385209 Date Filed: 03/16/2010 Page: 2
# STS-79

KENNEDY SPACE CENTER, FLA. -- STS-79: Atlantis lifts off from Launch Pad 39A.

STS079-350-028 (16-26 Sept. 1996) --- Aboard Russian Mir Space Station's Spektr Module, astronaut John E. Blaha, now a cosmonaut guest...

STS079-354-001 (16-26 Sept. 1996) --- Astronaut Shannon W. Lucid gets a beverage at the galley on Russia's Mir Space Station...

STS079-353-007 (16-26 Sept. 1996) --- Astronaut Terrence W. Wilcutt, on the Space Shuttle Atlantis' aft flight deck, takes pictures of...

STS079-355-016 (16-26 Sept. 1996) --- Astronauts Shannon W. Lucid and John E. Blaha reunite soon after the Space Shuttle Atlantis...

STS079-349-022 (16-26 Sept. 1996) --- The traditional inflight crew portrait, taken in Russia's Mir Space Station base block. Front row,...

STS079-309-022 (16-26 Sept. 1996) --- Astronaut Thomas D. Akers, in the Spacehab, goes over an inventory of supplies which will...

STS079-S-097 (16-26 Sept. 1996) --- Left to right, Terrence W. (Terry) Wilcutt, pilot; Shannon W. Lucid, mission specialist; and William...

STS79-E-5180 (20 September 1996) --- The entire crews of STS-79 and Mir-22 are shown during a gift exchange ceremony aboard...

STS079-S-021 (26 Sept. 1996) --- The drag chute on the space shuttle Atlantis is fully deployed as the orbiter rolls...

STS-79 Shuttle/Mir docking to retrieve Astronaut Sharnon Lucid from Mir Space Station; full shot of Mir Space Station taken from...

STS079-E-5100 (20 September 1996) --- The crew aboard the Space Shuttle Atlantis was able to track the large Typhoon Violet...

STS79-E-5193 (21 September 1996) --- Astronaut Terrence W. Wilcutt, STS-79 pilot, and cosmonaut Valeri G. Korzun, Mir-22 commander, transfer the...

STS079-335-001 (16-26 Sept. 1996) --- Astronaut Terrence W. Wilcutt traverses into Russia's Mir Space Station Kristall Module toting a water...

STS079-821-036 (16-26 Sept. 1996) --- Following the Space Shuttle Atlantis - Russian Mir Space Station undocking activities, a crew member...

STS079-354-011 (16-26 Sept. 1996) --- Astronaut Shannon W. Lucid with cosmonaut Aleksandr Y. Kaleri prepare to move Lucid's cosmonaut space...

STS79-E-5202 (21 September 1996) --- From the left, astronaut and cosmonaut guest researcher Shannon W. Lucid, cosmonauts Aleksandr Y. Kaleri...

KENNEDY SPACE CENTER, FLA. -- Atlantis, with its new external tank/solid rocket booster stack, rolls out to Pad 39A on...

KENNEDY SPACE CENTER, FLA. -- Atlantis, with its new external tank/solid rocket booster stack, rolls out to Pad 39A on...

NM21-395-024 (March 1996) --- Posed near a microgravity glove box on the Priroda Module aboard Russia’s Mir Space Station are...
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


     We  consent  to incorporation by reference in the Registration Statement on
Form  S-8 (SEC File No. 333-97789), filed on August 7, 2002 and the Registration
Statement  on Form S-8, (SEC File No. 333-74052), filed on November 28, 2001, of
our  independent  auditor's  report dated April 7, 2002, relating to the balance
sheets  of  E-Rex,  Inc. (a Nevada corporation) as of December 31, 2001 and 2000
and  the  related  statements  of  operations and comprehensive loss, changes in
shareholders'  equity  and  cash flows for the years ended December 31, 2001 and
2000,  which  report  appears in the 2001 Annual Report on Form 10-KSB of E-Rex,
Inc.


                               /s/  Parks,  Tschopp,  Whitcomb  &  Orr,  P.A.
                               _________________________________________________
                               Parks,  Tschopp,  Whitcomb  &  Orr,  P.A.

Maitland,  Florida
August  26,  2002
<PAGE>

                                                                    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 Quarterly Report of Kankakee Bancorp, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report), I, Ronald
J. Walters, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.


/s/ Ronald J. Walters



Ronald J. Walters
Chief Financial Officer
August 8, 2002
# River repairs will help commerce on the Mississippi River system

Mat sinking unit photo courtesy of the U.S. Army Corps of Engineers. 

**Fair Landing, Arkansas, Nov. 10, 2014** – River repairs to severe bank scours along the Mississippi River at Fair Landing will lead to enduring improvements to the vital commercial artery. The narrow bend along this reach of the river now passes one-way traffic under normal conditions, the ongoing repairs and future improvement work will allow two-way traffic to pass. 

 

The Corps and Coast Guard imposed river restrictions during daylight hours along this narrow river reach to allow for the important repairs to the banks damaged during the 2011 flood. The annual bank protection (revetment) program must be performed when river levels permit (typically between August and December). The work can’t be performed during high river stages, which typically occur during the rest of the year. Annual revetment work ensures reliable navigation, flood control and flood risk reduction. During the last three days, approximately 77 tows, with each pushing an average of 15 barges, have waited between 8 to 10 hours while the work progresses. 

 

Maj. Gen. Michael Wehr, commander of the Mississippi Valley Division, said, “We fully realize how important it is to keep commerce moving on the Mississippi River during harvest season.”  He added, “We are in constant dialogue with industry and the Coast Guard to minimize the impact to navigation, while accomplishing critical flood control and flood risk reduction work before the next high water hits the region.” He concluded, “We are willing and prepared to make adjustments to our revetment start time each day as traffic conditions warrant.”  The river queue is cleared every morning before starting work on the matt sinking unit. 

Southbound commerce is currently able to move on the river from dusk to dawn, and limited sized tows can move northbound through the restricted portion of the river during daylight hours. This will help speed the clearing of the daily queue. Work is also proceeding well in the narrowest reach of the restricted area and fewer restrictions may result as early as Monday, November 17. At that time, the sinking unit will move to a wider section of Fair Landing.

The Corps will continue its frequent dialogue with industry representatives and Coast Guard officials to deliver the high value commercial artery, and to assess the situation. 

                                                                                    -end-

**Contact**

Release no. 14-015

Motor Vessel Grugett

U.S. Army Corps of Engineers

Memphis District

Fair Landing

revetment

navigation

Arkansas

Motor Vessel George C. Grugett
EXHIBIT 99.4


Mr Roger Desmarchelier                     Our ref  SGB-03CustAUPGlbl021-1004-MP
Executive Manager Securitisation           Contact  Max Pollock 9335 8138
Crusade Management Limited
55 Market Street
Sydney NSW 2000


8 April 2003
Dear Roger

AGREED UPON PROCEDURES - CRUSADE GLOBAL TRUST NO. 1 OF 2002

St.George Custodial Pty Ltd required an audit to be performed in accordance with
the  Crusade  Global  Trust  No.  1  of  2002  Custodian  Agreement  (`Custodian
Agreement').

Our  engagement  was  undertaken in  accordance  with the basic  principles  and
general guidance set out in Australian Auditing Standard AUS 904 "Engagements to
Perform Agreed-upon Procedures".

PROCEDURES

In  accordance  with the  requirements  set out in  Schedule 1 of the  Custodian
Agreement, an audit of the custodial role with respect to the Relevant Documents
for Crusade Global Trust No. 1 of 2002 was performed.  The following  procedures
were undertaken to perform the audit:

a)   Through management inquiry and observation,  ensured that adequate controls
     and procedures are in place to:

     i)   segregate  relevant documents from other mortgage title documents held
          by the Custodian; and

     ii)  safeguard the relevant  documents from being removed or tampered with,
          except with appropriate authorisation.

b)   Through  discussions with management,  ensured that there is an appropriate
     security packet tracking system to identify:

     i)   the relevant  documents as separate and distinct  from other  mortgage
          title documents held by the custodian; and

     ii)  identify the location of the relevant documents at any time.

<PAGE>

(c)  A random sample of 10 security packets was selected. For each security pack
     in the sample we cited the following relevant documents:

     i)   Mortgage Deed;

     ii)  Certificate of Title; and

     iii) Loan  application  signed by the borrower,  or loan contract signed by
          the borrower for loans originated on or after November 1996.

(d)  For each security  pack in the sample we traced the pack's  actual  storage
     location to the location information contained on the system.

FINDINGS

No exceptions were noted for the procedures performed above.

STATEMENT

Based on the results of the  procedures  performed in accordance  with steps (a)
through (d), we grade the custodial  performance of St.George  Custodial Pty Ltd
as "Good".

DISCLAIMER

The  foregoing  procedures  do  not  constitute  an  audit  in  accordance  with
Australian  Auditing  Standards or a review made in accordance  with  Australian
Auditing Standard AUS 902 "Review of Financial Reports."

This letter is solely for the  information  of the addressee in connection  with
the role of St.George  Custodial Pty Ltd as custodian  for Crusade  Global Trust
No. 1 of 2002. It is not to be used,  circulated,  quoted or otherwise  referred
to, in whole or in part for any other purpose without our written consent.


Yours sincerely

/S/  JOHN TEER

John Teer
Partner
EXHIBIT 32.1

Section 1350 Certification of the Chief Executive Officer

In connection with this Quarterly
Report of Sterling Bancshares, Inc. (the Company) on Form 10-Q for the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Downey Bridgwater, President
and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |  |  |     |  |                             |  |                                                
|-------------- |  |  |  | --- |  | --------------------------- |  | -----------------------------------------------
|August 7, 2006 |  |  |  | By: |  | /S/    J. DOWNEY
BRIDGWATER
|               |  |  |  |     |  |                             |  | J. Downey Bridgwater                           
|               |  |  |  |     |  |                             |  | Chairman, President and Chief Executive Officer
|               |  |  |  |     |  |                             |  | Sterling Bancshares, Inc.
#### STATE OF NEW JERSEY v. MARK KEVIN JONES.

February 27, 1987.

Petition for certification denied.
#### Doles *v.*State.

Opinion delivered October 20, 1924.

1. -Criminal law — divorce decree as evidence. — In a prosecution for carnal abuse, the record of divorce proceedings in which prosecutrix’s mother was a party, and in which it was decreed that prosecutrix was of certain -age, *held*incompetent to establish her age.

2. Criminal law — presumption of prejudice. — In the absence of an affirmative showing to the contrary, it will be presumed that incompetent evidence was prejudicial.

Appeal from Sebastian Circuit Court, Fort Smith District; *JohnE. Tatum,*Judge;

reversed.

*Holland, Holland & Holland,*for appellant.

*J. S. TJtley,*Attorney G-eneral, and *John L. Garter,*Assistant, for appellee.

Wood, J.

This is -an appeal from a judgment of the Sebastian Circuit Court, Fort Smith District, sentencing the appellant to imprisonment in the State Penitentiary for a period of one year, on conviction of the crime -of carnal abuse. The prosecutrix was Bernice Montgomery.

*38It was an issue .before the jury as to whether or not the prosecutrix was under sixteen years of age at the .time of the .alleged sexual intercourse. On this issue the court, oyer the objection of appellant, permitted the State to prove that, in a divorce proceeding in the Sebastian -Chancery Court in which the mother of the prosecutrix was a party, it was decreed that the prosecutrix was four years old at the time the decree was rendered. This record was incompetent to establish the age of the prosecutrix at the time of the alleged sexual intercourse. -It was a record of the proceedings in an action for divorce, in which neither the State, the appellant, nor the prosecutrix were parties. It had no relevancy to any issue involved in this prosecution. *White*v. *Hudson,*165 Ark. 232; *Doss*v. *Long Prairie Levee District,*96 Ark. 451; *Wilson*v. *Gaylord,*77 Ark. 477; 22 C. J. 814. See 22 C. J. 814, § 926. .

In overruling the motion to exclude this testimony, the court announced that the record was a judicial, determination of the age of the prosecutrix. The appellant duly excepted to the remarks of the court. In the absence of an affirmative showing to the contrary, it must be presumed that the incompetent testimony was prejudicial to the rights , of the appellant.

There are many other assignments of error in appellant’s motion for a new trial, but the above is the only reversible error we discover in the rulings of the court, and the questions raised by the other assignments may not .arise in a new trial of the cause. .Therefore it is unnecessary to discuss the same. For the error indicated the judgment is reversed, and the cause remanded for a new trial.
#### Conaway and Another *v.*Conaway.—In error.

*Saturday, January*9, 1841.

A JUDGMENT rendered previously to the first of *October,*1839, and which had not been replevied, could not be replevied under the statute of the 24th of *February,*1840.
##### 



Exhibit 32 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350 In connection with the report of Spectre Gaming, Inc. (the Company) on
Form 10-QSB for the period ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Russell C. Mix, Chief Executive Officer of the Company, and I Brian D. Niebur,
Chief Financial Officer of the Company, certify to the best of our knowledge,
pursuant to 18 U.S.C. § 1350, 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/ Russell C. Mix 
 
 /s/ Brian D. Niebur 
 
 28