alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
10540.

#### Davis *v.*Potts.

Broyles, P. J.

I. The defendant’s plea having admitted the execution of the note sued on and the right of possession thereof in the plaintiff, and the defendant, prior to the introduction of any evidence, having demanded the opening and conclusion, the' court erred in denying him this right and allowing the plaintiff first to introduce his evidence. However, this error does not require a new trial, since upon the eonelusion of the plaintiff’s evidence the court reversed its ruling and gave the defendant the opening and conclusion of the argument.

2. The error in submitting to the jury the question of attorney’s fees was cured by the plaintiff’s writing off from the judgment, upon direction of the court, the amount found for attorney’s fees.

*185Decided September 18, 1919.

Complaint; from city court of Newnan—Judge Post. April 7, 1919.

*J. Q. Newman, Stanford Arnold,*for plaintiff in error.

*Garland M. Jones,*contra.

3. Tlie court did not err in refusing to direct a verdict for the defendant. It has been repeatedly held by this conrt and the Supreme Court that the refusal to direct a verdict is never error.

4. The verdict was authorized by the evidence, and the court did not err in refusing a new trial.

*Judgment affirmed.*

*Bloodioorth and Stephens, JJ., eoneur.*
<PAGE>   1
                                                                    EXHIBIT 12.1

Statement Concerning Computation of Ratios of Earnings to Fixed Charges

<TABLE>
<CAPTION>


                                                                      Historical                                   Pro Forma
                                                -------------------------------------------------------         -----------------
                                                                Year Ended December 31,                            Year Ended
                                                 1993        1994        1995         1996       1997           December 31, 1997
                                                -------------------------------------------------------         -----------------
<S>                                             <C>         <C>         <C>         <C>         <C>                 <C>    
Earnings:
     Income from continuing operations
          before provision for income taxes     $ 3,221     $ 4,032     $ 3,058     $ 8,409     $18,984             $16,602
     Interest expense                             1,426       1,642       3,609       4,759       4,664               6,686
     Interest component of rent expense              20          44          87         119         227                 227
     Amortization of previously capitalized
          interest                                                                      497         520                 520
                                                -------     -------     -------     -------     -------             -------
Earnings                                        $ 4,667     $ 5,718     $ 6,754     $13,784     $24,395             $24,035
                                                =======     =======     =======     =======     =======             =======

Fixed Charges:
     Interest expense                           $ 1,426     $ 1,642     $ 3,609     $ 4,759     $ 4,664             $ 6,686
     Interest capitalized                                                   516         711         823                 823
     Interest component of rent expense              20          44          87         119         227                 227
                                                -------     -------     -------     -------     -------             -------
Fixed charges                                   $ 1,446     $ 1,686     $ 4,212     $ 5,589     $ 5,714             $ 7,736
                                                =======     =======     =======     =======     =======             =======

Ratio of earnings to fixed charges                  3.2         3.4         1.6         2.5         4.3                 3.1
</TABLE>
Exhibit 31.1

Certification of Principal Executive Officer
Pursuant to 18 U.S.C. 1350
 (Section 302 of the Sarbanes-Oxley Act of 2002)

I, Patrick Freeman, certify that:

1.    I have reviewed this quarterly report on Form 10-QSB of CORDIACORPORATION;



1.

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;



2.

Based on my knowledge, the financial statements, and other financial information included in this 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 this quarterly report;



3.

The registrant's other certifying officer and I are 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 quarterly 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 quarterly report (the "Evaluation Date"); and



c.

Presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



4.

The registrant's other certifying officer and 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 weaknesses 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



5.

The registrant's other certifying officer and I have indicated in this quarterly report whether or not 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.



Date: May 10, 2005                                                                                 /s/ Patrick Freeman

______________________________

President and Chief Executive Officer
##### 



Exhibit 4(a) 
 hereof assents. tificate properly endorsed. is the owner of
THIS CERTIFIES THAT Senior Vice President and Chief Financial Officer LI N HDDSECOARYL            C
A            P            O
O
R            R
WA P
AT O
RE            E            R
HA IT NOWitness the facsimile seal of the Corporation and
the facsimile signatures of its duly authorized officers. This certificate is not
valid until countersigned and registered by the Transfer Agent and Registrar. the
Certificate of Incorporation and By-Laws of the Corporation as from time to time
amended,COMMON            LINDSAY CORPORATIONFULLY PAID AND NON-ASSESSABLE
COMMON SHARES, $1.00 PAR VALUE, OF            INCORPORATED UNDER THE LAWS OF THE STATE
OF DELAWARE President and Chief Executive Officerto all of which the
holder by acceptance This certificate and the shares represented hereby are issued
and shall be held subject to all the provisions of transferable on the books of the
Corporation by the holder hereof in person or by his duly authorized attorney upon
surrender of this cer- FOR CERTAIN DEFINITIONS SEE REVERSE SIDE SIGNATURE AUTHORIZED
CUSIP 535555 10 6 BY REGISTRARAND
AGENT TRANSFER WELLS FARGO BANK, N.A. REGISTERED: AND COUNTERSIGNED




---



##### 



LINDSAY CORPORATION
  
 TEN COM
    
    -
    
    as tenants in common
    
    UTMA -  Custodian(Cust)                       (Minor)TEN ENT
    
    -
    
    as tenants by entireties
    
    under Uniform Transfers to MinorsJT TEN
    
    -
    
    as joint tenants with right of survivorship
and not as tenants in common
    
    Act 

(State)
 
 For value received _____ hereby sell, assign, and transfer unto
 PLEASE INSERT SOCIAL SECURITY OR OTHERIDENTIFYING NUMBER OF ASSIGNEE
 
 
  
   
  
 Shares of the capital stock represented by the within Certificate, and do hereby
irrevocably constitute and appoint     Attorney to transfer the said stock on the books of the
within-named Corporation with full power of substitution in the premises.
 Dated
    
    XXNOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST
CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF
THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION
OR ENLARGEMENT OR ANY CHANGE WHATEVER.
  ALL GUARANTEES MUST BE MADE
BY A FINANCIAL INSTITUTION (SUCH AS
A BANK OR BROKER) WHICH IS A
PARTICIPANT IN THE SECURITIES
TRANSFER AGENTS MEDALLION PROGRAM
(STAMP), THE NEW YORK STOCK
EXCHANGE, INC. MEDALLION SIGNATURE
PROGRAM (MSP), OR THE STOCK
EXCHANGES MEDALLION PROGRAM
(SEMP) AND MUST NOT BE DATED.
GUARANTEES BY A NOTARY PUBLIC ARE
NOT ACCEPTABLE.
EXHIBIT 25

Case: 1:20-cv-05191 Document #: 33-12 Filed: 12/10/20 Page 1 of 4 PageID #:422
Case: 1:20-cv-05191 Document #: 33-12 Filed: 12/10/20 Page 2 of 4 PageID #:423
Case: 1:20-cv-05191 Document #: 33-12 Filed: 12/10/20 Page 3 of 4 PageID #:424
Case: 1:20-cv-05191 Document #: 33-12 Filed: 12/10/20 Page 4 of 4 PageID #:425
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE REGISTRANT'S FORM 10-QSB FOR THE QUARTER ENDED
JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY TO SUCH FORM 10-QSB.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       5,510,460
<SECURITIES>                                         0
<RECEIVABLES>                                  143,522
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            14,215,895
<PP&E>                                          95,177
<DEPRECIATION>                                (38,941)
<TOTAL-ASSETS>                              14,601,244
<CURRENT-LIABILITIES>                          396,687
<BONDS>                                              0
<PREFERRED-MANDATORY>                        4,279,949
<PREFERRED>                                          0
<COMMON>                                         9,568
<OTHER-SE>                                   9,723,825
<TOTAL-LIABILITY-AND-EQUITY>                14,601,244
<SALES>                                              0
<TOTAL-REVENUES>                               269,110
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,245,531
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,976,421)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,976,421)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,976,421)
<EPS-BASIC>                                     (0.35)
<EPS-DILUTED>                                   (0.35)


</TABLE>
<PAGE>   1

                                                                    EXHIBIT 23.1


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


        As independent public accountants, we hereby consent to the
incorporation of our report included in this Form 10-K, into the Company's
previously filed registration statements on Form S-8 (File No. 33-70342),
Form S-8 (File No. 33-63752) and Form S-8 (File No. 333-11975).



                                     Arthur Andersen LLP

Las Vegas, Nevada
June 24, 1998
exv10w5



 





Exhibit 10.5




Performance Award



Pursuant to the terms and conditions of the Company’s 2005 Equity Incentive Plan (the “Plan”), you
have been granted a Performance Award of ___shares of stock as outlined below:




	 	 	 
	Granted To:

	 	 
	 
	 	 
	Grant Date:
	 	 
	 
	 	 
	Granted:
	 	 
	 
	 	 
	Grant Price:
	 	 
	 
	 	 
	Vesting Schedule:
	 	 
	 
	 	 
	Performance Criteria:
	 	 





By my signature below, I hereby acknowledge receipt of this Grant on the date shown above, which
has been issued to me under the terms and conditions of the Plan. I further acknowledge receipt of
the copy of the Plan and agree to conform to all of the terms and conditions of the Grant and the
Plan.




	 	 	 	 	 	 	 
	Signature:

	 	 	 	Date
108TH CONGRESS

2D SESSION H. R. 4158

AN ACT

To provide for the conveyance to the Government

other purposes.and Atmospheric Administration ship, and forof Mexico of a decommissioned National Oceanic

108TH CONGRESS

2D SESSION H. R. 4158

AN ACT

To provide for the conveyance to the Government of Mexico

of a decommissioned National Oceanic and Atmospheric

Administration ship, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4158 EH

1 SECTION 1. CONVEYANCE OF NOAA VESSEL WHITING.

2 (a) IN GENERAL.—The Secretary of Commerce shall

3 convey to the Government of Mexico, without consider4 ation, all right, title, and interest of the United States in

5 and to the National Oceanic and Atmospheric Administra6 tion vessel WHITING—

7 (1) for use as a hydrographic survey platform

8 in support of activities of the United States-Mexico

9 Charting Advisors Committee; and

10 (2) to enhance coordination and cooperation be11 tween the United States and Mexico regarding hy12 drographic surveying and nautical charting activities

13 in the border waters of both countries in the Gulf

14 of Mexico and in the Pacific Ocean.

15 (b) OPERATION AND MAINTENANCE.—The Govern16 ment of the United States shall not be responsible or liable

17 for any remediation, maintenance, or operation of a vessel

18 conveyed under this section after the date of the delivery

19 of the vessel to the Government of Mexico.

20 (c) DEADLINE.—The Secretary shall seek to complete

21 the conveyance by as soon as practicable after the date

22 of the enactment of this Act.

23 (d) DELIVERY OF VESSEL.—The Secretary shall de24 liver the vessel WHITING pursuant to this section at the
3

•HR 4158 EH

1 vessel’s homeport location of Norfolk, Virginia, at no addi2 tional cost to the United States.

Passed the House of Representatives July 19, 2004.

Attest:

Clerk.
EXHIBIT 32.1

Walter Industries, Inc.    Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002    18 U.S.C. Section 1350

In
connection with the accompanying Annual Report of Walter Industries, Inc. (the "Company") on Form 10-Q for the quarterly period ended September 30,
2007 (the "Report"), I, Victor P. Patrick, Director, Vice Chairman and General Counsel, Principal 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:



Date:
November 8, 2007

| | /s/VICTOR P. PATRICKVictor P. Patrick Director, Vice Chairman and General
Counsel
Principal Executive Officer
| | -------------------------------------------------------------------------------------------------------------

---



QuickLinks
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17A0542. ZIA HOOD-BAHADURI v. CHARLES BRANDRIFF et al.

The plaintiff, Zai Hood-Bahaduri, filed a three-count complaint against the

defendants, including Count 1 for “Complaint in Law and Equity to Recover

Plaintiff’s 2013 Kai Automobile,” Count 2 for “Trover Action for Recovery of

Personal Property or its Value,” and Count 3 for “Breach of Duty of Care to Protect

Plaintiff’s Property.” The defendants filed a motion to dismiss Counts 1 and 3.

1 The

trial court granted the motion to dismiss as to the two counts. The plaintiff then filed

this direct appeal.

2

 We, however, lack jurisdiction.

“In a case involvingmultiple parties or multiple claims, a decision adjudicating

fewer than all the claims or the rights and liabilities of less than all the parties is not

a final judgment. In such circumstances, there must be an express determination

under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal

requirements of OCGA § 5-6-34 (b).” Johnson v. Hosp. Corp. of America, 192 Ga.

App. 628, 629 (385 SE2d 731) (1989) (citation and punctuation omitted). Where

neither of these code sections is followed, the appeal is premature and must be

dismissed. Id. Because Count 2 of the plaintiff’s complaint remains pending, the

1 The plaintiff petitioned the trial court to convert the motion to dismiss into a

motion for summary judgment under OCGA § 9-11-12. The trial court, however,

declined to do so.

2 The plaintiff originally filed this appeal in the Georgia Supreme Court

claiming equity jurisdiction. The Supreme Court, however, found no equity

jurisdiction and transferred the matter to this Court. See Case No. S17A0188

(decided October 3, 2016).

November 03, 2016
challenged order is not a final order. Moreover, the trial court did not direct the entry

of final judgment in accordance with OCGA § 9-11-54 (b). Under these

circumstances, the plaintiff could appeal the order only by following the interlocutory

appeal procedure set forth in OCGA § 5-6-34 (b). See Johnson, supra. His failure

to follow that procedure deprives us of jurisdiction over this direct appeal, which is

hereby DISMISSED. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

11/03/2016
**EXHIBIT 32.2**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

I, Loren L. McFarland, VicePresident, Chief Financial Officer and Treasurer of Mentor Corporation (the "Company"),do hereby certify in accordance with 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best ofmy knowledge:

(1)       the accompanying Annual Report on Form 10-K of the Company for the year endedMarch 31, 2006 (the "Report") fully complies with the requirements of Section 13(a)or Section 15(d), as applicable, of the Securities Exchange Act of 1934; asamended; and

(2)       information contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 Dated: June 14, 2006

/s/LOREN L. MCFARLANDLoren L. McFarlandVice President, Chief Financial Officer and Treasurer

Asigned original of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 ("Section 906"), or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to Mentor Corporation and will be retained by MentorCorporation and furnished to the Securities and Exchange Commission or itsstaff upon request.
2.1.2. Gasoline-Ethanol Blends. When gasoline is blended with ethanol, the ethanol shall meet the latest version 

of ASTM D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as 

Automotive Spark-Ignition Engine Fuel,” and the blend shall meet the latest version of ASTM D4814, “Standard 

Specification for Automotive Spark-Ignition Engine Fuel,” with the following permissible exceptions: 

(a) The maximum vapor pressure shall not exceed the ASTM D4814 limits by more than: 

(1) 1.0 psi for blends containing 9 to 10 volume percent ethanol from June 1 through September 15. 

(2) 1.0 psi for blends containing one or more volume percent ethanol for volatility classes A, B, C, D 

from September 16 through May 31. 

(3) 0.5 psi for blends containing one or more volume percent ethanol for volatility Class E from 

September 16 through May 31. 

The vapor pressure exceptions in subsections 2.1.2. Gasoline-Ethanol Blends will remain in effect until 

May 1, 2017, or until ASTM incorporates changes to the vapor pressure maximums for ethanol blends, whichever 

occurs earlier. (Effective July 28, 2016) 

NOTE 1: The temperature values (e.g., 54 °C, 50. °C, 41.5 °C) are presented in the format prescribed in ASTM 

E29 “Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications.” 

 (Added 2009) (Amended 2012 and 2016)
<PAGE>   1

                                                                    EXHIBIT 23.4

                        CONSENT OF DELOITTE & TOUCHE LLP


         We consent to the incorporation by reference in this Registration
Statement of Suiza Foods Corporation on Form S-3 of our report dated March 27,
1998, appearing in the Annual Report on Form 10-K of Suiza Foods Corporation for
the year ended December 31, 1997 and to the reference to us under the heading
"Experts" in the Prospectus, which is part of this Registration Statement.



/s/ DELOITTE & TOUCHE LLP


Dallas, Texas
June 9, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         586,100
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       6,510,500
<DEPRECIATION>                               2,604,600
<TOTAL-ASSETS>                               6,096,100
<CURRENT-LIABILITIES>                          266,900
<BONDS>                                      2,970,400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,858,800
<TOTAL-LIABILITY-AND-EQUITY>                 6,096,100
<SALES>                                              0
<TOTAL-REVENUES>                             1,702,100
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,347,600
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             279,000
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    74,600
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                      .38


</TABLE>