alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lee Whitaker et al., *v.*Blain Mooreman & Co.

Attachment — Successful Claimant — Costs.

In an attachment suit, where a claimant is successful in sustaining his claim to part of the property, it is error to adjudge the costs of the suit against him, though the attachment be sustained in all other particulars, particulars.

APPEAL EROM MALEAN CIRCUIT COURT.

October 19, 1868.

*Owen, Bickers, for appellant.*

*Tanner & Boyd, for appellees.*

Opinion oe the Court by

Judge Peters:

Conceding that there is some evidence that Lee 'Whitaker paid for the stock, cattle and sheep, on which the attachment was levied, still the evidence fails to show that there was any open, visible change of possession, and that a change of possession accompanied the sales The son who was living several miles from the father about the time without any explained, or appreciable reason changed his residence, and removed to the father’s, and the asserted purchase was made there, the property remaining where it was before and at the time of the alleged sale, and it appears that the crop of tobacco raised on the father’s land was sold and the money received by the son, and the proceeds not *satisfactorily*accounted for.

We concur therefore with the court below in sustaining the attachment of appellees as to all the property except the buggy and cart claimed by appellant, but as he was successful in asserting his claim to the last named articles it was erroneous to adjudge costs against him. ■

Wherefore the judgment awarding costs against Lee Whitaker in favor of appellees is *reversed,*and the cause remanded with directions that each party in Lee Whittaker’s petition pay his own costs, and the judgment as to all other matters is affirmed.
<PAGE>


                                                                    EXHIBIT 99.1

                            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 Perot Systems Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Ross
Perot, Jr., President and Chief Executive Officer of the Company, certify to my
knowledge and in my capacity as an officer of the Company, 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, 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 as of
the dates and for the periods expressed in the Report.

     IN WITNESS WHEREOF, the undersigned has executed this Certificate,
effective as of May 9, 2003.



                                           /s/ ROSS PEROT, JR.
                                           -------------------------------------
                                           ROSS PEROT, JR.
                                           PRESIDENT AND CHIEF EXECUTIVE OFFICER

<PAGE>


                                                                    EXHIBIT 99.1


                            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 Perot Systems Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Russell
Freeman, Vice President and Chief Financial Officer of the Company, certify to
my knowledge and in my capacity as an officer of the Company, 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, 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 as of
the dates and for the periods expressed in the Report.

     IN WITNESS WHEREOF, the undersigned has executed this Certificate,
effective as of May 9, 2003.



                                      /s/ RUSSELL FREEMAN
                                      ------------------------------------------
                                      RUSSELL FREEMAN
                                      VICE PRESIDENT AND CHIEF FINANCIAL OFFICER
### NUMBER 13

- 16

- 00284

- CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

IWR OPERATING, LLC, Appellant,

v.

SUNBREAKER SERVICES, LLC, Appellee.

On appeal from the 135th District Court

of Jackson County, Texas.



### MEMORANDUM OPINION

Before Justices Garza, Perkes and Longoria

Memorandum Opinion Per Curiam

Appellant IWR Operating, LLC has filed a motion to dismiss this appeal on grounds

that a bill of review has been granted setting aside the default judgment subject to appeal

in this case. Appellant further states that the deadline for appealing the bill of review has

expired, thereb y rendering this appeal moot.2

The Court, having considered the documents on file and appellant ’ s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See T EX

. R. A PP

.

P . 42.1(a). Accordingly, we GRANT a ppellant ’ s motion to dismiss and we DISMISS the

appeal

. Costs will be taxed against appellant. See id. R. 42.1(d) ("Absent agreement

of the parties, the court will tax costs against the appellant."). Having dismissed the

appeal at appellant ’ s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

PER CURIAM

D elivered and filed the

6th day of October , 2016

.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Ella M. Gorby,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04344-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss PLLC - Birmingham, AL

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 1/4/2018, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to 

do so, a default judgment will be entered against me or the entity I represent.

Date: January 12, 2018 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9658 Filed 01/16/18 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9658 Filed 01/16/18 Page 2 of 2
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, 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.

 May 23, 2014

h0520

Order 

Clerk

May 23, 2014

147860

THE SERVICE SOURCE, INC. and THE

SERVICE SOURCE FRANCHISE, LLC,

Plaintiffs-Appellees,

v SC: 147860

COA: 301013

Lenawee CC: 09-003258-CK

DHL EXPRESS (USA), INC.,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the July 11, 2013 

judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall 

include among the issues to be briefed: (1) whether the two agreements at issue are 

requirements contracts, and if so, whether that affects the issue of the defendant’s alleged 

breach of contract; (2) whether summary disposition was appropriately granted to the 

plaintiffs on the issue of liability; and (3) assuming that the defendant is liable for breach 

of contract, the period for which the defendant is responsible for plaintiffs’ lost profits.
**EXHIBIT 31.1**

CERTIFICATIONS

I,Ron Hadani, certify that:

1.               I have reviewed this quarterly report on Form10-Q of Vision-Sciences, Inc.;

2.               Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thereport;

4.               The registrant’s other certifying officer(s)and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

b)             Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

c)              Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal in thecase of an annual report) that has materially affected, or is reasonable likelyto materially affect, the registrant’s internal control over financialreporting; and

5.               The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof registrant’s board of directors (or persons performing the equivalentfunctions):

a)              All significant deficiencies and material weaknessesin the design or operation of internal control over financial reporting whichare 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, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
|        |              | /s/ Ron Hadani          |   |
|--------|-------------------|-------------------------|--------|
| Dated: | February 14, 2007 | Ron Hadani              |
|   |              | Chief Executive Officer |

 

1

----
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Thomas Sparkman,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-18-00216-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: January 24, 2018 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9856 Filed 01/26/18 Page 1 of 1
# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

October 15, 2010

By the Court:

No. 09

‐ 3847

GREGORY J. TURLEY, Appeal from the United States

District Court for the Southern Plaintiff

‐ Appellant , District of Illinois.

v. No. 3:09

‐ cv

‐ 00829–GPM

DONALD GAETZ, et al., G. Patrick Murphy, Judge.

Defendants

‐ Appellees

.

O R D E R

The opinion of this court issued on October 14, 2010, is WITHDRAWN

. This appeal

remains under advisement.
<PAGE>

                                                                    Exhibit 32.2

      Certification of Chief Financial Officer pursuant to Section 906 of
                         the Sarbanes-Oxley Act of 2002

Laurel Capital Group, Inc.

In connection with the Quarterly Report of Laurel Capital Group, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2004 as filed with the
Securities and Exchange commission on the date hereof (the "Report"), I, John A.
Howard, Jr., Senior Vice President and 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; and

      2.    The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company as of and for the period covered by the Report.

/s/ John A. Howard, Jr.
-----------------------
John A. Howard, Jr.
Senior Vice President and Chief Financial Officer
February 14, 2005
**EXHIBIT 31.1**

 

CERTIFICATIONS

 

I, Ron Hadani, certifythat:

 

1.               I have reviewedthis quarterly report on Form 10-Q/A of Vision-Sciences, Inc.;

 

2.             Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

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

 

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

a)              Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)             Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)              Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal in the case of an annual report) that has materiallyaffected, or is reasonable likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent functions):

 

a)              All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
|   |           | /s/ Ron Hadani          |   |
|--------|----------------|-------------------------|--------|
| Dated: | March 18, 2005 | Ron Hadani              |
|   |           | Chief Executive Officer |

 

1

----
Exhibit 31.1

                                CERTIFICATION OF
                           CHIEF EXECUTIVE OFFICER AND
                             CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

     I, Steven Lampert certify that:

     1. I have reviewed this quarterly report on Form 10-QSB of PowerChannel,
Inc.

     2. Based on my knowledge, this quarterly 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 quarterly
report;

     3. Based on my knowledge, the financial statements, and other financial
information included in the quarterly 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 the quarterly 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, if any, is made known to us by others within those entities,
particularly during the period in which this quarterly report is being prepared;

          b) evaluated the effectiveness of the registrant's disclosure controls
and procedures as of the end of the period covered by this report (the
"Evaluation Date"); and

          c) presented in this quarterly 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 the quarterly 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: June 1, 2004





/s/ Steven Lampert
-------------------------
Steven Lampert
President, Chief Executive Officer
and Chief Financial Officer
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Natalia A. Rebollo,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03791-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: October 18, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 8323 Filed 10/20/17 Page 1 of 1
#### STATE OF NEW JERSEY v. ALEXANDER SELPH.

April 10, 1984.

Petition for certification denied.