alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Paul Wayne Houchin *v.*Joan Wood by Dorothy Matthew, Her Next Friend.

[No. 1-474A75.

Filed October 30, 1974.]

*Rickard H. Crokin,*of Indianapolis, for appellant.

*Richard J. Wood, Mellen ■& Mellen,*of Bedford, for appellee.

Lybrook, J.

The sole issue in this appeal is whether the trial court erred in overruling defendant-appellant’s request for a jury trial in a paternity action.

We conclude that the jury request was not timely filed. Upon the authority of *Buher*v. *Johnson*(1973), 155 Ind. App. 693, 294 N.E.2d 625, the trial judge was correct in denying the request and we affirm.

After plaintiff-appellee filed her petition to establish paternity, appellant was served by warrant on April 25, 1972, and posted a recognizance bond on the same date. His trial counsel entered appearance on June 6, 1972, and on the following day filed an answer and request for jury trial. After three settings of the cause for trial by jury and subsequent continuances, plaintiff-appellee filed her motion to reset the trial by court. After a hearing the court held that the prior assignments for jury trial were improper and ruled that defendant’s request for jury trial be denied. After trial without a jury, the court found that defendant was the father of the plaintiff’s child, and ordered payment of support, medical and hospital bills, and attorney fees.

*77Ind. Rules of Procedure, Trial Rule 38(B), requires that a demánd for jury trial be filed not later than ten [10] days after the first responsive pleading to the complaint “and if no responsive pleading is filed or required, within ten [10] days after the time such pleading otherwise would have been required.”

TR. 6(C) requires that when a responsive pleading is necessary it must be filed within 20 days. In *State ex rel. Beaven*v. *Marion Juvenile Ct. et al.*(1962), 243 Ind. 209, 184 N.E.2d 20, our Supreme Court held that the trial court was not bound to grant a jury trial to the defending party where his demand therefor was not filed within 10 days after the issues were first closed, whether closed by filing of a responsive pleading or by operation of law.

In *Roe*v. *Doe*(1972), 154 Ind. App. 203, 289 N.E.2d 528, the court recognized that in paternity actions, the issues are deemed closed by operation of law.

Simple arithmetic informs us that the 20 days required by TR. 6(C) plus the 10 days allowed by TR. 38(B) equals 30 days as a maximum time within which a party in a paternity action may file a request for jury trial. The jury request in the case at bar was filed 43 days after defendant was notified of the pendency of the action. Under the above authorities, the request arrived too late and the trial court was correct in denying a jury trial. *Buher*v. *Johnson, supra.*

Judgment affirmed.

Robertson, P.J. and Lowdermilk, J., concur.

Note. — Reported at 317 N.E.2d 911.
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EXHIBIT 32(a)

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 United Rentals, Inc. and United Rentals (North America),
Inc. (the Companies) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Michael J. Kneeland, Chief Executive Officer of the Companies, certify,
pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



|1. | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m); and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



|2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Michael J. KneelandMichael J. KneelandChief Executive Officer


October 31, 2007

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 the Companies and will be retained by the Companies and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1


                       CERTIFICATE PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


William F. Garrett,  the President and Chief  Executive  Officer of Delta Mills,
Inc. (the "Company"), hereby certifies that to the best of his knowledge:

     1.   The Quarterly  Report on Form 10-Q for the quarter ended  December 27,
          2003  of  the  Company  (the   "Report")   fully   complies  with  the
          requirements  of  section  13(a)  or  15(d),  as  applicable,  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 the Company at the dates and for the periods indicated.

The foregoing certification is made solely for the purpose of complying with the
requirements  of Section 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C.  ss.
1350)  and  may not be  relied  upon  by  anyone  for  any  other  purpose.  The
undersigned  expressly  disclaims any  undertaking to update such  certification
except as required by law.






Date      February 10, 2004                  By: /s/ William F. Garrett
      ----------------------------------     ------------------------------
                                             William F. Garrett
                                             President & Chief Executive Officer



A  signed  copy  of  this  written  statement  required  by  section  906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
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Document

Exhibit 10.1



Description of Severance Benefits for Mr. Jean-Luc Lemercier


Mr. Jean-Luc Lemercier, one of the named executive officers of Edwards Lifesciences Corporation (the “Company”), is eligible to receive severance benefits if his employment is terminated by the Company for any reason other than for cause.  These benefits will consist of cash severance equal to one month of his monthly base salary for every year of service, capped at two years of his annual base salary.  In addition, he will be entitled to six months advance notice of a termination of employment or pay in lieu of notice of an amount equal to six months of his monthly base salary.  Mr. Lemercier will not be entitled to receive any such payments if he receives payments under his change-in-control severance agreement.  Benefits will be subject to all applicable withholdings and other authorized deductions.
<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 Annual Report of Fotoball USA, Inc. (the "Company") on
Form 10-K for the year ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael Favish,
Chairman and Chief Executive 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 result of operations of the
Company.


/s/ Michael Favish
-----------------------------
Michael Favish
Chairman and Chief Executive Officer
March 28, 2003


                            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 Annual Report of Fotoball USA, Inc. (the "Company") on
Form 10-K for the year ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Thomas R. Hillebrandt,
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 result of operations of the
Company.


/s/ Thomas R. Hillebrandt
--------------------------------
Thomas R. Hillebrandt
Senior Vice President and Chief Financial Officer
March 28, 2003
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2827 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2827

To amend the Federal Rules of Evidence to create an explicit privilege 
                      to preserve medical privacy.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2004

 Mrs. Clinton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Rules of Evidence to create an explicit privilege 
                      to preserve medical privacy.

    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 ``Patients' Privacy Protection Act of 
2004''.

SEC. 2. HEALTH CARE PROVIDER-PATIENT PRIVILEGE.

    (a) In General.--Article V of the Federal Rules of Evidence is 
amended by adding at the end the following:
``Rule 502. Health Care Provider and Patient
    ``(a) Except as provided in subdivision (b), a patient has a 
privilege with respect to any evidence consisting of a confidential 
communication or record made in the course of medical treatment.
    ``(b)(1) A court may order the disclosure of a communication or 
record otherwise privileged under this rule, to the extent the court 
determines, after the individual who is the subject of the information 
in the communication or record has been provided with notice and an 
opportunity to raise objections, that the public interest in disclosure 
significantly outweighs the patient's privacy interests.
    ``(2) If the court orders disclosure under this subdivision, the 
court shall, to the greatest practicable extent, ensure that the 
personally identifiable information in the communication or record is 
redacted, and that the patient's communications and records remain 
under seal.
    ``(c) The exception in subdivision (b) does not apply to any other 
privilege, provided by these rules or other law, with respect to a 
communication or record subject to the privilege created by this rule.
    ``(d) As used in this rule, the term `medical treatment' means 
medical treatment of the patient by a duly licensed health care 
provider.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Federal Rules of Evidence is amended by inserting after the item 
relating to rule 501 the following:

``Rule 502. Health care provider and patient.''.
                                 <all>
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6149
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BURHAN MAHMOD HINAWI, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:05-cr-00361-CMH-1; 1:07-cv-00163-CMH) Submitted: March 25, 2008 Decided: March 31, 2008 Before MOTZ, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Burhan Mahmod Hinawi, Appellant Pro Se. Gerald J. Smagala, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Burhan Mahmod Hinawi seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Hinawi has not made the requisite showing. Accordingly, we deny a certificate of appealability and di smiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 32.4


                            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  accompanying  Annual  Report  on  Form  10-K  of
Ferrellgas  Finance  Corp.  for the year ended July 31, 2003,  as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned,  in the capacity and on the date indicated below,  hereby certifies
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), as applicable, 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  Ferrellgas
Finance Corp. at the dates and for the periods indicated.

     The  foregoing  certification  is made  solely  for  purposes  of 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002,  and  is  subject  to the  "knowledge"  and  "willfulness"  qualifications
contained in 18 U.S.C. Section 1350(c).

     This  certification  is being  furnished to the SEC and is not to be deemed
"filed" with the SEC for purposes of Section 18 of the Exchange Act or otherwise
subject to the liabilities of Section 18. In addition, this certification is not
to  be  incorporated  by  reference  into  any  registration  statement  of  the
undersigned or other filing of the undersigned made pursuant to the Exchange Act
or Securities Act, unless specifically  identified as being incorporated therein
by reference.

Dated:  October 20, 2003

                                           /s/ James E. Ferrell
                                           -------------------------------------
                                           James E. Ferrell
                                           President and Chief Executive Officer

                                           /s/ Kevin T. Kelly
                                           -------------------------------------
                                           Kevin T. Kelly
                                           Senior Vice President and Chief
                                           Financial Officer


*A signed original of this written statement required by 18 U.S.C.  Section 1350
has been provided to Ferrellgas Finance Corp.