alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-1227, -1240

UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM

OF HIGHER EDUCATION (doing business as the University of Pittsburgh),

Plaintiff-Appellant,

v.

VARIAN MEDICAL SYSTEMS, INC.,

Defendant-Cross Appellant.

Appeals from the United States District Court for the Western District of Pennsylvania in

case no. 08-CV-1307, Judge Arthur J. Schwab.

ON MOTION

Before LINN, Circuit Judge.

ORDER

The parties jointly move to stay the briefing schedule in this appeal pending

disposition of University of Pittsburgh v. Varian Medical Systems, Inc., 2008-1441,

-1454.

Both sets of appeals involve the same parties and patents. The parties state that

the court's decision may affect the briefing and necessity of this appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1)	The motion to stay the briefing schedule is granted. The appellant is

directed to inform this court, within 14 days of the issuance of the mandate in 2008-
1441, -1454, concerning how it believes these appeals should proceed. The crossappellant may also file a response within that time.

(2)	A copy of this order shall be transmitted to the merits panels assigned to

2008-1441, -1454, to inform that panel of this related case.

FOR THE COURT

Jan Horbaly	

FILED Clerk	U.S. COURT OF APPEALS FOR

THE FEDERAL CIRCUIT

cc:	Roderick R. McKelvie, Esq.

Matthew H. Poppe, Esq.

s20

APR 1 3 2009

rIUHDHLY

CLERK

APR 13 2009

Date

/s/ Jan Horbalv

2009-1227, -1240	2
#### In the Matter of: MAC-JGC MARKETING INC., Debtor. *356MAC-JGC Marketing Inc., Appellant, v. John R. Poole Companies LLC, Appellee.

No. 07-31067

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 30, 2008.

Phillip K. Wallace, Mandeville, LA, for Appellant.

Charles L. Stern, Jr., The Steeg Law Firm LLC, New Orleans, LA, for Appel-lee.

Before REAVLEY, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM: *

MAC-JGC Marketing, Inc. appeals the district court’s judgment affirming the bankruptcy court’s judgment in its favor against John R. Poole Companies, LLC. For the reasons that follow, we AFFIRM.

MAC-JGC first argues that the bankruptcy court erroneously applied Louisiana’s doctrine of judicial compensation. Judicial compensation is a creature of Louisiana law that allows courts to set-off unliquidated claims. *See Fidelity & Deposit Co. of Maryland v. Cloy Construction Co.,*463 So.2d 1365, 1368-69 (La.Ct.App.1984) (“Judicial compensation takes place when a court decides two parties are mutually indebted to each other and adjusts the amounts owed in fixing the judgment.”). The gist of MAC-JGC’s complaint is that the judicial-compensation doctrine can be invoked only via a counterclaim, whereas Poole invoked the doctrine via affirmative defense. But even assuming Louisiana procedural rules require Poole to plead judicial compensation (a form of setoff) as a counterclaim, this court has recognized that setoff in federal court is an affirmative defense. *Giles v. Gen. Elec. Co.,*245 F.3d 474, 494 n. 36 (5th Cir.2001) (“[A]n offset ... is an affirmative defense.”). Accordingly, the bankruptcy court did not err in applying the doctrine of judicial compensation. MAC-JGC next complains that the bankruptcy court committed reversible error when it believed at least some of John Poole’s trial testimony. After the trial — and before the bankruptcy court issued its findings of fact — counsel for MAC-JGC provided a letter to the court that purportedly undercut some of Poole’s testimony. Even after viewing this alleged piece of impeachment evidence, the bankruptcy court issued findings of fact that relied, in part, on Poole’s testimony. MAC-JGC asserts that this was error. But the bankruptcy court, having heard Poole testify and having had the opportunity to consider the alleged impeachment evidence, did not commit clear error in determining that Poole was credible.

Finally, MAC-JGC contends that the bankruptcy court erred when it determined that the contract unambiguously did not require Poole to assume the approximately $117,000 owed to BellSouth Advertising. The bankruptcy court properly determined that the contract at issue unambiguously required MAC-JGC to be liable for the BellSouth Advertising debt *357since that debt was not listed as a payable on the relevant agreement.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
**Exhibit
      32.1**





CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT


TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      condition with the Quarterly Report on Form 10-Q of Polydex Pharmaceuticals
      Limited (the “Company”) for the fiscal quarter ended July 31, 2006 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      George G. Usher, Chief Executive Officer of the Company, certify, 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; and





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





By   /s/
              George G. UsherGeorge
                G. Usher,
              Chief
                  Executive Officer
                September
                  14, 2006


A
      signed
      original of this written statement required by section 906 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.
$297,300
    
    Atlanta, GA
December 30, 2009
 provided, however
       Fullnet Communications, Inc.By:Timothy J. Kilkenny, CEOBy:Roger Baresel, President & CFO SECURITY AGREEMENT
 th




---



##### 



Defined Terms
    Terms Defined in UCC
  Construction
  Security Interest
 Grant of Security Interest
           Continuing Security Interest
 Termination of Security Interest




---



##### 



Collateral Free of Other Security Interests
  Fees and Taxes
 Maintenance of Collateral
   Further Acts
 Authorization to Supplement
 Additional Parties and Collateral provided, however
 Default




---



##### 



Remedies




---



##### 



Set-off




---



##### 



Notice
 To the Company:
    
    Fullnet Communications, Inc.
201 Robert S. Kerr Avenue, Suite 210
Oklahoma City, OK 73102
Attn: Roger P. Baresel, Pres & CFO
Tel: 405 232-0958x102
Fax: 405 236-8201
E-mail: rbaresel@fullnet.netTo the Lender:
    
    High Capital Funding, LLC
333 Sandy Springs Circle, Suite 230
Atlanta, GA 30328Attn: David A. Rapaport, EVP & GCTel: 404 303-8450
Fax: 404 585-4905
Email: drapaport@highcapus.com
 Miscellaneous




---



##### 



FULLNET COMMUNICATIONS, INC.
an Oklahoma corporationBy:Timothy J. Kilkenny, CEOBy:Roger P. Baresel, PresidentHIGH CAPITAL FUNDING, LLCBy:Its:
<PAGE>

                                                                    EXHIBIT 99.1



                                 HOLLINGER INC.

                 PROVIDES UPDATE ON ANNUAL SHAREHOLDERS' MEETING

     Toronto, Canada, June 25, 2004 -- Hollinger Inc. ("Hollinger") (TSX: HLG.C;
HLG.PR.B) today announced that its application to the Ontario Superior Court of
Justice for an order extending the time for calling Hollinger's 2004 annual
shareholders' meeting past the statutory deadline of June 30, 2004 was heard
today. The postponement was sought because until such time as the annual audited
financial statements of Hollinger for the year ended December 31, 2003 are
complete, Hollinger is unable to satisfy the Canadian law requirement that such
financial statements be placed before the shareholders at the annual
shareholders' meeting. The Court granted an interim order extending the time for
calling Hollinger's 2004 annual shareholders' meeting to a date not later than
September 30, 2004. Hollinger intends to hold its 2004 annual shareholders'
meeting as soon as practicable after its fiscal 2003 audited financial
statements are completed and available for mailing to shareholders.

     Hollinger's principal asset is its approximately 72.3% voting and 29.7%
equity interest in Hollinger International Inc. Hollinger International is a
global newspaper publisher with English-language newspapers in the United
States, Great Britain and Israel. Its assets include The Daily Telegraph, The
Sunday Telegraph and The Spectator and Apollo magazines in Great Britain, the
Chicago Sun-Times and a large number of community newspapers in the Chicago
area, The Jerusalem Post and The International Jerusalem Post in Israel, a
portfolio of new media investments and a variety of other assets.


Media contact:                           For more information, please contact:
Jim Badenhausen                          Hollinger Inc.
646-805-2006                             Monique Delorme
                                         416-363-8721


                              www.hollingerinc.com
SCWC-13-0000133

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN 

TRUST 2007-4 ASSET-BACKED CERTIFICATES, SERIES 2007-4, 

Petitioner/Plaintiff-Appellant,

vs.

DANIEL TSUKASA OMIYA, 

Respondent/Defendant-Cross-Claimant-Appellee,

and

ASSOCIATION OF APARTMENT OWNERS OF ILIKAI APARTMENT BUILDING,

Defendant/Cross-Claim Defendant-Appellee,

and

JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20; DOE 

CORPORATIONS 1-20, and DOES GOVERNMENTAL UNITS 1-20,

Defendants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-13-0000133; CIVIL NO. 10-1-2345)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Plaintiff-Appellant’s application for writ 

of certiorari, filed on September 21, 2017, is hereby accepted

Electronically Filed

Supreme Court

SCWC-13-0000133

02-NOV-2017

08:15 AM
2

and will be scheduled for oral argument. The parties will be 

notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawaiʻi, November 2, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack 

/s/ Michael D. Wilson
`
 

 

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the accompanying Yearly Report On Form 10-KSB of Exclusive Apparel, Inc. for the Year Ended December 31, 2007, I, Sharon M. Lynch, Chief Executive Officer and Chief Financial Officer of Exclusive Apparel, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

 

     1.   Such Yearly Report on Form 10-KSB for the year ended December 31, 2007, 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 such Yearly Report on Form 10-KSB for the year ended December 31, 2007, fairly presents, in all material respects, the financial condition and results of operations of Exclusive Apparel, Inc.

 

Dated:  October 7, 2008

 

EXCLUSIVE APPAREL, INC.

 

 

By: */s/ Sharon M. Lynch*

Chief Executive Officer and

Chief Financial Officer

 

 

 
`
Exhibit 12
 
 First Quarter2010
    
    
    2009Computation
of Earnings:Income before income taxes
    
    $
    8,849
    
    
    $
    11,883Add:Interest expense
    
    
    8,238
    
    
    
    8,693Amortization of debt premium/discount and expenses
    
    
    582
    
    
    
    603Interest portion of rent expense
    
    
    376
    
    
    
    346Earnings as adjusted
    
    $
    18,045
    
    
    $
    21,525Computation of Fixed Charges:Interest expense
    
    $
    8,238
    
    
    $
    8,693Capitalized interest
    
    
    65
    
    
    
    79Amortization of debt premium/discount and expenses
    
    
    582
    
    
    
    603Interest portion of rent expense
    
    
    376
    
    
    
    346Fixed charges
    
    $
    9,261
    
    
    $
    9,721Ratio of Earnings to Fixed Charges
    
    
    1.95
    
    
    
    2.21
##### 



SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
  FORM 6-K  Report of Foreign Issuer Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934 For September 12, 2004  EXTENDICARE INC. (Translation of registrants name into English)
  3000 Steeles Avenue East
Markham, Ontario, Canada L3R 9W2 (Address of principal executive offices)
  Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F. Form 20-F  o
    
    Form 40-F  þ
 Indicate by check mark whether the registrant by furnishing the
information contained in this Form is also thereby furnishing the information
to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act
of 1934. Yes  o
    
    No  þ
 If Yes is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): N/A




---



##### 



EXHIBIT INDEX ExhibitNumber
    
    Description of Exhibit99.1
    
    News Release dated September 1, 2004  Extendicare Announces Retroactive
Pennsylvania Medicaid Funding Increase and Sale of Arkansas and British
Columbia Facilities99.2
    
    News Release dated September 9, 2004  Extendicare Inc. Declares
Preferred Share Dividend Payment (TSX: EXE.PR.E




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized. EXTENDICARE INC.Date:  September 12, 2004
    By:

/s/  RICHARD
L. BERTRANDRichard L. BertrandSenior Vice-President and
Chief Financial Officer
#### In the Matter of Victor Bonilla, Appellant, v Ana Amaya, Respondent. (Proceeding No. 1.) In the Matter of Ana Amaya, Respondent, v Victor Bonilla, Appellant. (Proceeding No. 2.)

[872 NYS2d 465]

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County (Phillips, Ct. Atty. Ref.), dated August 28, 2006, as, after a hearing, denied his petition for sole custody of the parties’ child and granted the mother’s petition for sole custody of the subject child and permission to relocate with the child to North Carolina.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

*729In adjudicating custody and visitation rights, the most important factor for the court to consider is the best interests of the child *(see Eschbach v Eschbach,*56 NY2d 167, 174 [1982]; *Allain v Allain,*35 AD3d 513 [2006]). “Since the Family Court’s custody determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination should not be disturbed unless it lacks a sound and substantial basis in the record” *(Matter of Plaza v Plaza,*305 AD2d 607, 607 [2003]; *see Matter of Brass v Otero,*40 AD3d 752 [2007]). Upon weighing the appropriate factors here, the Family Court determined that the best interests of the child would be served by awarding the mother custody. There is a sound and substantial basis in the record for this determination.

The father’s remaining contentions are without merit. Prudenti, EJ., Spolzino, McCarthy and Leventhal, JJ., concur.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**925 CA 14-00021**  PRESENT: CENTRA, J.P., CARNI, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF ARBITRATION BETWEEN DENIS J. SULLIVAN, PETITIONER-RESPONDENT,

AND ORDER
JAMES R. MULDOON, RESPONDENT-APPELLANT, AND GEORGE S. BLASIAK, RESPONDENT-RESPONDENT.

HARRIS BEACH PLLC, SYRACUSE (DAVID M. CAPRIOTTI OF COUNSEL), FOR RESPONDENT-APPELLANT.
HISCOCK & BARCLAY, LLP, SYRACUSE (JON P. DEVENDORF OF COUNSEL), FOR PETITIONER-RESPONDENT.
GEORGE S. BLASIAK, BALDWINSVILLE, FOR RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered March 15, 2013. The order granted the motion of petitioner to confirm an arbitration award and denied the cross motion of respondent James R. Muldoon to modify or vacate the arbitration award.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court
#### Angle *v.*Chicago, St. P., M. & O. Ry. Co.

*(Circuit Court, W. D. Wisconsin.*

July 10, 1889.)

In Equity.

*Lamb & Jones, Ewing Southard,*and *J. R. Doolittle,*for complainant.

*Finney & Sanborn,*for defendant.

Harlan, Justice.

The plaintiff recovered in this court, January 81, 1887, a judgment against the Chicago, Portage & Superior Railway Company for the sum of $205,888.19, damages and costs. Execution having been issued and returned unsatisfied, this suit was instituted for the purpose of reaching and subjecting to the satisfaction of that judgment the same lands as are in controversy in the suit in this court just determined, of *Trust Co.*v. *Railway Co., ante,*143, and all notes, bonds, or moneys arising from sales, rents, stumpages, license charges, or proceeds of sale of such lands, in the hands either of the corporation last above named or of the judgment debtor. The allegations of the present bill are substantially the same as in the bill filed in the other suit. For the reasons stated in the opinion delivered in the suit brought by the •Farmers’ Loan & Trust Company, the court holds that the Chicago, Portage & Superior Railway Company has no interest in said lands which can be subjected in satisfaction of the above judgment against it. The demurrer is sustained, and the bill must be dismissed, with costs to the defendant. It is so ordered.
EXHIBIT
32.1
 
 STATMON
TECHNOLOGIES CORP.
  CERTIFICATION
PURSUANT TO
 19
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 Statmon Technologies Corp. (the
"Company") on Form 10-Q/A for the period ended September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Geoffrey Talbot, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:
  (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.
  /s/ Geoffrey P.
Talbot
 Geoffrey
P. Talbot
 Chief
Executive Officer
 April
8, 2009
  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 Statmon Technologies Corp. and will be
retained by Statmon Technologies Corp. and furnished to the Securities and
Exchange Commission or its staff upon request.
**EXHIBIT
      32.2**








**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 Shiming U.S., Inc. ("the Company") on
      Form
      10-KSB for the period ended December 31, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof ("the Report"), I, Chun’an Liu, Chief
      Financial Officer, 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;
                  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/
      Chun’an Liu


Chun’an
      Liu


Chief
      Financial Officer





Dated:
      April 17, 2007
```

                                                                     EXHIBIT 32.2

                                  CERTIFICATION
      PURSUANT TO SECTION 13A-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934
                           AND 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended January 31, 2005, as
filed with the Securities and Exchange Commission on the date therein specified
(the "Report"), the undersigned Daniel J. Lanjewar, as Chief Financial Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.

/s/ Daniel J. Lanjewar
---------------------------
Daniel J. Lanjewar
Chief Financial Officer
Date:  March 18, 2005
```
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AP RIL 16, 2015

NO. 03

- 13

- 00275

- CR

Mario Lewis, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 264TH DISTRICT COURT OF BELL COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES PEMBERTON AND BOURLA ND

AFFIRMED

-- OPINION BY JUSTICE BOURLAND

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the reco rd and the parties’ arguments, the Court holds that there was no reversible error in the

trial court’s judgment of conviction . Therefore, the Court affirms the trial court’s judgment of

conviction

. Because appellant is indigent and unable to pay costs, n o adjudicati on of costs

is made.
<PAGE>


                                                                    Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements
(Nos. 333-69276 and 333-58244) on Form S-8 and the registration statement
(No. 333-73900) on Form S-3 of e-centives, Inc. of our reports dated February 1,
2002, except as to Note 15(a), which is as of April 16, 2002, relating to the
consolidated balance sheets of e-centives, Inc. and subsidiary as of
December 31, 2000 and 2001, and the related consolidated statements of
operations, stockholders' equity and comprehensive loss, and cash flows for each
of the years in the three-year period ended December 31, 2001, and related
schedule, which reports appear in the December 31, 2001 annual report on
Form 10-K of e-centives, Inc.

Our reports dated February 1, 2002, except as to Note 15(a), which is as of
April 16, 2002, contain an explanatory paragraph that states that the Company
adopted the provisions of FAS 141, "Business Combinations," and certain
provisions of FAS 142, "Goodwill and Other Intangibles," in 2001.



/s/ KPMG LLP

McLean, VA
April 16, 2002