alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### S. J. Walker *v.*W. L. Vance.

Motion for New Trial After Expiration of Term.

Where appellant’s motion to set aside a judgment is made two months after the term at which it was rendered, the chancellor had no power to reopen the case.

Negligence of Counsel and Client.

Negligence of counsel is no grounds for a new trial, and, moreover, when the appellant absents himself on his own private business from the trial, he is as negligent as his attorney.

APPEAL FROM JEFFERSON CIRCUIT COURT.

January 8, 1867.

Opinion of the Court by

Judge Robertson:

As the appellant’s motion to set aside the judgment foreclosing the mortgage and ordering a sale of the mortgaged estate was not made until two months after the term at 'which it was rendered, the chancellor had no power to open the case on the appellant’s affidavit, not that he had discovered important evidence, but only that before tbe bearing he had employed counsel to file an answer ■and, expecting that they would do so, he went to Chicago on important business and did not learn until some time after the judgment that no answer had been filed. Negligence of counsel is no .■ground for a new trial, and, moreover, the appellant’s affidavit shows as much negligence by himself as by his attorneys. His ■absence on bis own business and especially his failure so long not -even to inquire about Ms case was apparently voluntary and not *69such inevitable necessity as would, according to any principle of law or practice of equity, excuse his omission to answer.

And besides it is very questionable whether the answer he proposed to file could he made available as a defense to any extent.

Wherefore, the judgment overruling his motion is affirmed.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                S. 1768

            To extend the national flood insurance program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2003

Mr. Bunning (for himself and Mr. Shelby) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
            To extend the national flood insurance 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 ``National Flood Insurance Program 
Reauthorization Act of 2004''.

SEC. 2. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Extension.--The National Flood Insurance Act of 1968 is 
amended--
            (1) in section 1309(a)(2) (42 U.S.C. 4016(a)(2)), by 
        striking ``December 31, 2003'' and inserting ``December 31, 
        2004'';
            (2) in section 1319 (42 U.S.C. 4026), by striking ``after'' 
        and all that follows through the period at the end and 
        inserting ``after December 31, 2004.'';
            (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking 
        ``ending'' and all that follows through ``in'' and inserting 
        ``ending December 31, 2004, in''; and
            (4) in section 1376(c) (42 U.S.C. 4127), by striking 
        ``December 31, 2003'' and inserting ``December 31, 2004''.
    (b) Effective Date.--The amendments made by this section shall be 
considered to have taken effect on December 31, 2003.
                                 <all>
```
FILED

United States Court of Appeals

Tenth Circuit

June 10, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

In re:

CRAIG HOSPITAL; RICK BAYLES,

Ph.D., CNIM,

Petitioners.

No. 10-1232

(D.C. No. 1:09-CV-02121-REB-BNB)

(D. Colo.)

ORDER

Before HARTZ, O’BRIEN, and GORSUCH, Circuit Judges.

Craig Hospital and Rick Bayles filed a petition for writ of mandamus

asking this Court to reverse the district court’s orders directing Craig Hospital to

produce quality management documents that the district court determined were

not protected by Colorado’s quality assurance privilege, Colo. Rev. Stat.

§ 25-3-109. We deny the writ.

“[A] writ of mandamus is a drastic remedy, and is to be invoked only in

extraordinary circumstances.” In re Cooper Tire & Rubber Co., 568 F.3d 1180,

1186 (10th Cir. 2009) (quotations omitted). It “is used only to confine an inferior

court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise

its authority when it is its duty to do so.” Id. (quotations omitted). “Therefore,

we will grant a writ only when the district court has acted wholly without

Appellate Case: 10-1232 Document: 01018438923 Date Filed: 06/10/2010 Page: 1 
-2-

jurisdiction or so clearly abused its discretion as to constitute usurpation of

power.” Id. (quotations omitted). “Three conditions must be met before a writ of

mandamus may issue”: (1) “the party seeking issuance of the writ must have no

other adequate means to attain the relief he desires”; (2) “the petitioner must

demonstrate that his right to the writ is clear and indisputable”; and (3) “the

issuing court, in the exercise of its discretion, must be satisfied that the writ is

appropriate under the circumstances.” Id. at 1187 (quotations omitted). 

We have considered the petition in light of the district court’s March 2,

April 8, and May 10, 2010, orders, and we conclude that the petitioners have

failed to demonstrate a right to the writ that is clear and indisputable. “It is not

appropriate to issue a writ when the most that could be claimed is that the district

court[] . . . erred in ruling on matters within [its] jurisdiction.” Id. (quotations

omitted). And that is what we have before us: petitioners’ arguments that the

district court erred in ruling that Craig Hospital’s organic documents were not

protected by Colorado’s quality assurance privilege, Colo. Rev. Stat. § 25-3-109. 

The district court’s rulings were within its jurisdiction and petitioners have failed

to demonstrate that this case justifies the drastic remedy they seek.

Accordingly, this court’s May 29, 2010, temporary stay order is vacated, 

Appellate Case: 10-1232 Document: 01018438923 Date Filed: 06/10/2010 Page: 2 
-3-

and the petition for writ of mandamus is DENIED. Additionally, petitioners’

request for oral argument is DENIED.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1232 Document: 01018438923 Date Filed: 06/10/2010 Page: 3
No. 9.

#### Wright Brady, plaintiff in error, *vs.*Hardeman & Hamilton, defendants in error.

[1.] Where there is no process annexed to or accompanying the petition, and no waiver of process, the whole proceeding is radically defective, and advantage may be taken of it, at any stage thereof.

Complaint in Sumter Superior Court. Decision by Judge Perkins, at September Term, 1854.

Hardeman and Hamilton filed their petition against Wright Brady; Brady acknowledged service, “waiving copy and copy process.” After verdict and judgment, Counsel for Brady moved to set aside the verdict and vacate the judgment, on the ground that there was no original process issued in this case. The Court over-ruled the motion, and this decision is assigned as error.

B. Hill, for plaintiff in error.

Dudley, for defendant in error.

*By the Court.*

Starnes, J.

delivering the opinion.

[1.] In this case, the plaintiff in error acknowledged service of the petition, and waived a copy of same and of process. But the process itself he did not waive.

In the case of *William G. Little vs. Bryant*Ingram, decided at Decatur Term, 1854, we have given, at some length, the reasons which we suppose influenced the Legislature in requiring that a process having, in substance, such requisites as prescribed by them should accompany every declaration, and in enacting, that if the defendant wore brought into Court by a proceeding issuing forth in any different manner, it vitiated' the whole proceeding, and (unless the process were waived,) rendered the same null and void. To that judgment we refer for these reasons.

*68In addition to the reasons there assigned, I add, that one of this Bench holds the opinion that it was the intention of the Legislature, also, to require that the process should be annexed by the Clerk to the petition, the practice having been previously loose in this regard.

There was no process ■ annexed or accompanying this proceeding. The defendant did not waive such process. The whole proceeding being therefore radically defective, advantage might be taken of it, at any stage of the case, and the judgment should have been vacated.
Exhibit 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. §1350,AS ADOPTED PURSUANT TO§906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of ATEL Cash Distribution Fund V, L.P. (the Partnership) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dean L. Cash, President and Chief Executive Officer of ATEL Financial Services, LLC, General Partner of the Partnership, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 Partnership. Date: May 16, 2011  /s/ Dean L. CashDean L. CashPresident and Chief Executive Officer ofATEL Financial Services, LLC (General Partner)
 A signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.
CERTIFICATION OF
           PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


I, David Goldberg certify that:

I have reviewed this annual report on Amendment No. 2 to Form 10-KSB of
Championlyte Holdings, Inc.

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. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and 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 effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;

5. 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 functions):

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 weakness 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

6. I have indicated in this annual report whether there were significant changes
in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of our most recent evaluation,
including any corrective actions with regard to significant deficiencies and
material weaknesses.


Dated: April 27, 2005

/s/ David Goldberg
--------------------------------------
Principal Executive Officer and
Principal Financial Officer
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-910095, 333-63034, 333-85298, 333-107825, 333-113201, 333-123445, 333-132894, 333-146771, 333-153177 and 333-159266) and on Form S-3(Nos. 333-113812, 333-117625, 333-126267, 333-127492, 333-132353, 333-135265, 333-138640, 333-139888, 333-140877 and 333-146773) of Rainmaker Systems, Inc. of our report dated March 31, 2010, relating to the consolidated financial statementsand financial statement schedule which appears in this Form 10-K. 

/s/    BDO SEIDMAN,LLP        

San Francisco, California 

March 31, 2010
- Home
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# 							Student & STEM Opportunities						

NASA’s Deep Space Logistics Project supports a limited number of student research and internship opportunities every year.  Our project also collaborates with other NASA organizations to support students and STEM Education at all levels.  Our student opportunities are aimed at new technology development and the application of NASA’s commercial spaceflight services approach that are so critical to achieving our vision to ***Enable and Vibrant Commercial Supply Chain in Deep Space. ***

Some of our previous  research and internships have focused on Guidance Navigation and Control (GNC), Deep Space Environments & Spacecraft Thermal Modeling, Lunar Dust Mitigation, Spacecraft Rendezvous Proximity Operations and Docking (RPOD), Cargo Packing and Delivery, 3D Printing from Waste Materials, In-space Refueling and Smallsat/Cubesat Interfaces and Science Missions.  

We have also supported students in areas of commercial acquisition, strategic communications and the development and management of NASA public/private partnerships for space exploration. 

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```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2039 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2039

To waive time limitations specified by law in order to allow the Medal 
 of Honor to be awarded posthumously to Rex T. Barber, of Terrebonne, 
Oregon, for acts of valor during World War II in attacking and shooting 
down the enemy aircraft transporting Japanese Admiral Isoroku Yamamoto.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2004

 Mr. Wyden (for himself and Mr. Smith) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To waive time limitations specified by law in order to allow the Medal 
 of Honor to be awarded posthumously to Rex T. Barber, of Terrebonne, 
Oregon, for acts of valor during World War II in attacking and shooting 
down the enemy aircraft transporting Japanese Admiral Isoroku Yamamoto.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO REX T. BARBER 
              FOR VALOR DURING WORLD WAR II.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations in section 3744 of title 10, United States Code, or any 
other time limitation applicable with respect to the awarding of 
certain medals to persons who served in the Air Force, the President is 
authorized and requested to award the Medal of Honor posthumously under 
section 3741 of that title to Colonel (retired) Rex T. Barber, United 
States Air Force, of Terrebonne, Oregon, for the acts of valor referred 
to in subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the conspicuous acts of gallantry and intrepidity of Rex T. 
Barber at the risk of his life and above and beyond the call of duty on 
April 18, 1943, while serving as a first lieutenant in the 339th 
Fighter Squadron of the South Pacific Air Forces, Army Air Corps, in 
successfully attacking and shooting down the enemy bomber aircraft 
transporting Admiral Isoroku Yamamoto, the Commander in Chief of the 
Combined Japanese Fleet and architect of Japan's attack on Pearl 
Harbor.
                                 <all>
```
**EXHIBIT 32.1**

 

**SPORT-HALEY, INC.**

**CERTIFICATION**

 

**Certification Pursuant to 18U.S.C. § 1350,**

**As Adopted Pursuant to Section 906**

**of the Sarbanes-Oxley Act of 2002**

 

*In connection with the Quarterly Report of Sport-Haley, Inc.(the “Company”) on Form 10-Q for the quarterly period ended September 30,2005, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), we, the undersigned Interim Chief Executive Officer and ChiefFinancial Officer of the Company, do each certify, to our respective knowledge,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:*

* *

(1)           The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)           The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

 
| Dated: November 21, 2005                  |
|------------------------------------------------|
|                                           |
|                                           |
| /s/ DONALD W. JEWELL                           |   |
| Donald W. Jewell                               |
| Interim Chief Executive Officer                |
| *(Principal Executive Officer)*                |
| * *                                       |
|                                           |
| /s/ PATRICK W. HURLEY                          |   |
| Patrick W. Hurley                              |
| Chief Financial Officer                        |
| *(Principal Financial and Accounting Officer)* |
|                                                |  |  |

 

----
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

November 20, 2012

d1113

Order 

November 20, 2012

145560

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145560

COA: 308257

Wayne CC: 07-023800-FH

DANNIE RAY BAKER,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the June 19, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
EXHIBIT 32.2





Certification of Chief Finanical Officer Pursuant to 18 U.S.C. Sec. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)





Pursuant to 18 U.S.C. Sec. 1350, the undersigned officer of Sandston Corporation (the "Company") hereby certifies, to such officer's knowledge, that the Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2011 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:  August 10, 2011
/s/ Daniel J. DormanName:         Daniel J. DormanTitle:           President and Chief Executive Officer(Principal Executive Officer)





The foregoing certification (i) accompanies the filing and is being furnished solely pursuant to 18 U.S.C. Sec. 1350, (ii) will not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section, and (iii) will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the small business issuer specifically incorporates it by reference.





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Sandston Corporation and will be retained by Sandston Corporation and furnished to the Securities and Exchange Commission or its staff upon request.