alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT31.1**

**CERTIFICATIONPURSUANT TO18 U.S. C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Wayne A. Case,certify that:

1.  I have reviewed this annual report on Form10-K of Schmitt Industries, Inc.;

2.  Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect 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 thisreport;

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)  Designedsuch disclosure 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 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 quarterin the case of an annual report) that has materially affected, or is reasonablylikely to 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 the registrant’s board of directors (or persons performing the equivalentfunctions):

(a)  All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

(b)  Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.
| Date:  | August 21, 2006 | /s/ Wayne A. Case                     |
|--------|-----------------|---------------------------------------|
|   |            | Wayne A. Case, President/CEO/Director |

 

----
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

James L. Grant,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04425-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 9674 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 9674 Filed 01/16/18 Page 2 of 2
Exhibit 32.1

CERTIFICATION BY 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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned certifies
that this periodic report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in this periodic report fairly presents, in all material respects, the financial
condition and results of operations of BUCA, Inc.

Dated: November 1, 2006



/s/ Wallace B. DoolinWallace B. DoolinChairman and Chief Executive Officer/s/ Kaye R. OLearyKaye R. OLearyChief Financial Officer
II 

108TH CONGRESS 

2D SESSION S. 2742

To extend certain authority of the Supreme Court Police, modify the venue 

of prosecutions relating to the Supreme Court building and grounds, 

and authorize the acceptance of gifts to the United States Supreme 

Court. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

Mr. HATCH (for himself and Mr. LEAHY) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL

To extend certain authority of the Supreme Court Police, 

modify the venue of prosecutions relating to the Supreme 

Court building and grounds, and authorize the acceptance of gifts to the United States Supreme Court.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF AUTHORITY FOR THE UNITED 

4 STATES SUPREME COURT POLICE TO PRO5 TECT COURT OFFICIALS OFF THE SUPREME 

6 COURT GROUNDS. 

7 Section 6121(b)(2) of title 40, United States Code, 

8 is amended by striking ‘‘2004’’ and inserting ‘‘2008’’. 
2

S 2742 IS 

1 SEC. 2. VENUE FOR PROSECUTIONS RELATING TO THE 

2 UNITED STATES SUPREME COURT BUILDING 

3 AND GROUNDS. 

4 Section 6137 of title 40, United States Code, is 

5 amended by striking subsection (b) and inserting the fol6 lowing: 

7 ‘‘(b) VENUE AND PROCEDURE.—Prosecution for a 

8 violation described in subsection (a) shall be in the United 

9 States District Court for the District of Columbia or in 

10 the Superior Court of the District of Columbia, on infor11 mation by the United States Attorney or an Assistant 

12 United States Attorney.’’. 

13 SEC. 3. GIFTS TO THE UNITED STATES SUPREME COURT. 

14 The Chief Justice or his designee is authorized to ac15 cept, hold, administer, and utilize gifts and bequests of 

16 personal property for the purpose of aiding or facilitating 

17 the work of the United States Supreme Court, but gifts 

18 or bequests of money shall be covered into the Treasury.

Æ
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO

. 09

- 1 3

- 00036

- CV



### ____________________

IN THE INTEREST OF T.V.

_______________________________________________________ ______________

On A ppeal from the County Court at Law

Polk County, Texas

Trial Cause No

. PC05244

________________________________________________________ _____________

MEMORANDUM OPINION

After a bench trial, the trial court terminated C.V.’s parental rights to her

daughter T.V. T he trial court found by clear and convincing evidence that statutory

grounds existed for termination, and that termination of C.V.’s parental rights

would be in the best interest of T .V. See Tex. Fam. Code Ann. § 161.001 (West

Supp. 2012 ). C.V. appeals the trial court ’s judgment

.

Appellant’s appointed counsel filed a brief that presents a p rofessional

evaluation of the record and demonstrates why there are no arguable grounds to be

advanced on appeal

. See High v. State , 573 S.W.2d 807 (Tex. Crim. App. 19 78).

See generally Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 4932 (1967) (procedure in criminal cases) ; see also Taylor v. Tex. Dep’t of Protective &

Regulatory Servs. , 160 S.W.3d 641, 646

- 47 (Tex. App.

— Austin 2005, pet. denied)

(applying Anders procedure in appeal from termination of parental rights).

Appellant’s attorney notified his client that he found no meritorious issues

for appeal

, that he filed an Anders brief with the Court , and that she had the option

of filing a pro se response on appeal to raise i ssues on her behalf. He also informed

her that she should request a complete copy of the trial court record. This Court

notified appellant of her right to file a p ro se response, as well as the deadline for

filing it. C.V. timely filed her pro se response

. She later filed a letter asking for

more time to file another pro se response. The filing deadline has passed.

After reviewing the clerk’s record, the reporter’s record , the counsel’s brief,

and C.V.’s pro se response, we agree with counsel’s conclusion that there are no

plausible ground s for appeal

. We find no arguable error requiring us to order

appointment of ne w counsel to re

- brief this appeal. Compare Stafford v. State

, 813

S.W.2d 503, 511 (Tex. Cri m

. A pp. 1991). We affirm the trial court’s order

terminating C.V.’s parental rights to T.V., and we grant appellant’s attorney’s

motion to withdraw. 1

1 In connection with withdrawing from the case, counsel shall inform

appellant of the outcome of this appeal and inform her that she has the right to file

a petition for review with the Texas Supreme Court. See Tex. R. App. P. 53 ; In the3 The judgment is affirmed.

AFFIRMED.

________________________________ DAVID GAULTNEY

Justice

Submitted on April 9, 2013

Opinion Delivered May 23, 2013

Before McKeithen, C.J., Gaultney and Kreger , JJ.

Interest of K.D. , 127 S.W.3d 66, 68 n.3 (Tex. App.

— Houston [1st Dist.] 2003, no

pet.)

.
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#### Thomas E. Jones *v.*James Heronford et al.

Personal Property — Sale—Non-removal of Same — Void as to Creditors.

A sale of personal property, and leaving it in. the possession of the vendor, even though the purchaser reside in another state, is void as to bona fide creditors of the vendor.

APPEAL FROM CUMBERLAND CIRCUIT COURT.

June 11, 1869.

Opinion of the Court by

Judge Hardin:

Whether the sale from E. H. Jones, of the slaves to the appellant was actually fraudulent or not, or whether the expressed consideration of the bill of sale was feigned or not, there is no contrariety of evidence as to the possession of the slaves after the date of the contract. There was no change of possession, but E.. M. Jones remained, as he had been before, in possession of the slaves.

In such a case the doctrine is too well settled to admit of controversy, that the sale is fraudulent *per se*and void as to *Toona fide*creditors of the vendor. It is true there are some exceptions to this general rule, as when the nature of the thing sold will not admit of its immediate delivery, but this is not of that' class of cases, and nothing is perceived in it to make it an exception to the general rule. The fact that the purchaser resided in another state was certainly no sufficient reason for his leaving the slaves in the seller’s possession, if the purchase was real and not merely *189fictitious. *(Bromnel v. Stockton, etc., 3 Dana, 135; Robins v. Oldham, 1 Duvall, 28.)*

*Russell & Averitt for appellant.*

*James, for appellee.*

In this case the ruling of the court in giving and refusing instructions seems to us to have been in conformity to the principle above stated, and in our opinion the court fairly presented the law of the case to the jury.

We think the verdict of the jury was sustained by the evidence, and the motion for a new trial was properly over-ruled.

Wherefore the judgment is *affirmed.*
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**Exhibit 32.1**

 

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with the Annual Report of ITT EducationalServices, Inc. (the “Company”) on Form 10-K/A for the period ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Rene R. Champagne, Chief Executive Officer ofthe Company, 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, inall material respects, the financial condition and results of operations of the Company. 

 

 

February 10, 2006
Exhibit 7.1  NOVA Chemicals Corporation Computation of Ratio of Earnings to Fixed Charges  July 6 -

Jan. 1 -Dec. 31,

July 5,

Year ended Dec. 31Year ended Dec. 31

2009(2)

2009(2)

2008(2)

2007(2)(U.S. dollars in millions)

2011(1)

2010(1)

Successor

PredecessorEarnings:Income (loss) from continuing operations

$
608

$
237

$
9

$
(236
)
$
121

$
450Adjustments for minority interest in losses of   less than 100% owned affiliates and our equity in undistributed income   (losses) of less than 50% owned equity investees











Income tax expense (recovery)

215

124

7

(62
)
(63
)
46Fixed charges

182

205

93

102

175

197Capitalized interest, net of amortization of   capitalized interest





(1
)




(1
)Total Earnings

$
1,005

$
566

$
108

$
(196
)
$
233

$
692Fixed Charges:Interest expense

182

205

93

102

175

197Pre-tax earnings required to cover preferred stock   dividends











Total Fixed Charges

$
182

$
205

$
93

$
102

$
175

$
197Earnings to Fixed Charges Excess   (Deficiency)

$
823

$
361

$
15

$
(298
)
$
58

$
495Ratio of Earnings to Fixed   Charges(3) (4)

5.5

2.8

1.2

N/A

1.3

3.5  
 (1)
Based   on numbers prepared in accordance with International Financial Reporting   Standards(2)
Based   on numbers prepared in accordance with U.S. GAAP(3)
For   the purposes of calculating the ratio of earnings to fixed charges,   earnings represent income from continuing operations adjusted for the   minority interest in losses of less than 100% owned affiliates, equity in   undistributed income or losses of less than 50% owned affiliates, income   taxes and fixed charges, less capitalized interest, net of amortization of   capitalized interest. Fixed charges include interest expense (including   amortization of bond discounts and debt issue costs, capitalized interest and   a representative portion of rental expense) and pre-tax earnings required to   cover preferred stock dividends.(4)
For   the period January 1, 2009 to July 5, 2009, earnings were   insufficient to cover fixed charges by approximately $298 million, and this   ratio is not meaningful.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, David Brooks, Chief Financial Officer of Main Street Banks, Inc. (the
Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



| | (1) | the Annual Report on Form 10-K of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of
Section 13 (a) of the Securities Exchange Act of 1934 (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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                      
|-------------------- |  | --- |  | -------------------------------------
|Date: March 14, 2006 |  | By: |  | /s/ DAVID BROOKS                     
|                     |  |     |  | David Brooks, Chief Financial Officer