alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit32.1

** **

** **

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of Consolidated CapitalProperties III (the "Partnership"), for the quarterly period ended March 31,2009 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), Steven D. Cordes, as the equivalent of the chief executiveofficer of the Partnership, and Stephen B. Waters, as the equivalent of thechief financial officer of the Partnership, each hereby certifies, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that, to the best of his knowledge:

 

(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, asamended.
12059.

#### Mayo *v.*Bowen.

Hill, J.

1. A deed described tlie land conveyed as follows: “All that certain tract or parcel of land situate, lying and being in the 1192nd dist., G. M., of Toombs county, Georgia, containing fifty-six acres, more or less, and bounded as follows: ‘On the north by lands of W. Y. Bowen, on the east by lands of D. C. Newton & Son, on the south by land of W. J. Hall, and on the west by lands of Mrs. M. M. James.” *Held,**540that this was a conveyance of land by the tract, and not by the acre. *Kendall*v. *Well,*126 *Ga.*343 (55 S. E. 41).

Decided March 16, 1921.

Complaint; from Toombs superior court — Judge Hardeman. November 24, 1920.

*Williams &*Gorbell, for plaintiff in error.

*Lanlcford &*Rogers, contra.

2. In a conveyance of land by the tract the qualifying words “ more or less ” “ will cover any deficiency not so gross as to justify the suspicion of wilful deception or mistake amounting to fraud; in this event the deficiency is apportionable.” Civil Code (1910), § 4122; *Estes*v. *Odum,*91 *Ga.*600 (18 S. E. 355).

3. Whether or not a deficiency in the quantity of land sold by the tract with the qualifying words “more or less” is so “gross as to justify the suspicion of wilful deception or mistake amounting to fraud ” is,' as a general rule, a question of fact to be decided by the jury in the light of all the circumstances of the particular case, and not one of law for determination by the court. *Perkins Mfg. Co.*v. *Williams,*98 *Ga.*388 (25 S. E. 556); *Estes*v. *Odum,*supra.

4. The deed in the instant case described the quantity of land as being “ fifty-six acres, more or less.” The survey of the land conveyed disclosed the fact that there were 32% acres, a deficiency of 23% acres. It was a question for the jury whether under all the circumstances of the particular case this deficiency was so gross as to justify the suspicion of fraud, in which event the vendee would be entitled to an apportionment of the price according to relative value. *Owens*v. *Durham,*9 *Ga. App.*179 (70 S. E. 989); *Bryan*v. *Yates,*7 *Ga. App.*712 (67 S. E. 1048).

5. The rules of law stated above are applicable to all conveyances of land, whether the estate conveyed in the land described is for life, in remainder, or in fee simple.

6. Under the facts in evidence the case falls within the general rule, and the trial court committed error in directing a verdict for the plaintiff for the full amount of the suit.

*Judgment reversed.*

*Jenhins, P. J., and Stephens, J., concur.*
Exhibit
32.1




Certification
of Principal Executive Officer


Pursuant
to 18 U.S.C. Section 1350


As Adopted Pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002




Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of Mandalay Media, Inc., a Delaware corporation (the “Company”), does
hereby certify, to such officer’s knowledge, that:





The
Quarterly Report on Form 10-Q for the period ended December 31, 2009 of the
Company (the “Form 10-Q”) fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.




Date: February
16, 2010




/s/
      Ray SchaafRay
      SchaafPresident(Principal
      Executive Officer)
Exhibit 99.1


                        Whole Living, Inc.


                 CERTIFICATION OF PERIODIC REPORT
    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                      18 U.S.C. Section 1350

     I, Douglas J. Burdick, Chief Executive Officer of Whole Living, Inc.
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S,C,
Section 1350, that:

(1)  the annual report on Form 10-KSB of the Company for the year ended
     December 31, 2002, 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 Form 10-KSB fairly presents, in all
     material respects, the financial condition and results of operations of
     the Company.



Date: April 4, 2003
                                /s/ Douglas J.Burdick
                               ____________________________________
                               Douglas J. Burdick
                               Chief Executive Officer
##### 



FORM 6-K

SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549


Report of Foreign Private Issuer

Pursuant to Rule 13a-16 or 15d-16

of the Securities Exchange Act of 1934


For the month of December, 2003

Commission File Number: 00-30082

Envoy Communications Group
Inc.

(Translation of registrants name into English)


172 John Street, Toronto, Ontario, Canada M5T 1X5


(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 [X] Form 40-F
[  ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1):_________

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7):_________

Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of
1934.

Yes [  ] No [X]

If Yes is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b): 82-_________

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.

| |  |                                
| |  | -------------------------------
| |  | Envoy Communications Group Inc.
| |  | (Registrant)                   
| |  |                                
| |  | By:/s/ Geoffrey B. Genovese    
| |  |                                
| |  | Name: Geoffrey B. Genovese     
| |  | Title: President, Chairman and 
| |  | Chief Executive Officer        

Dated: February 27, 2004





---



##### 



Exhibit Index

|        |  |                                                                               
|------- |  | ------------------------------------------------------------------------------
|Exhibit |  | Description                                                                   
|        |  |                                                                               
|99.1    |  | Consolidated Financial Statements for the three months ended December 31, 2003
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   YEAR
<FISCAL-YEAR-END>               DEC-31-1997             DEC-31-1997
<PERIOD-END>                    SEP-30-1997             DEC-31-1997
<CASH>                               743906                       0
<SECURITIES>                              0                       0
<RECEIVABLES>                             0                       0 
<ALLOWANCES>                              0                       0
<INVENTORY>                               0                       0
<CURRENT-ASSETS>                          0                       0
<PP&E>                             10158699                       0
<DEPRECIATION>                      6167734                       0
<TOTAL-ASSETS>                      4807589                       0
<CURRENT-LIABILITIES>                     0                       0
<BONDS>                                   0                       0
<COMMON>                                  0                       0
<PREFERRED-MANDATORY>                     0                       0
<PREFERRED>                               0                       0
<OTHER-SE>                                0                       0
<TOTAL-LIABILITY-AND-EQUITY>        4807589                       0
<SALES>                             1888221                       0
<TOTAL-REVENUES>                    1900046                       0
<CGS>                                     0                       0
<TOTAL-COSTS>                             0                       0
<OTHER-EXPENSES>                          0                       0
<LOSS-PROVISION>                          0                       0
<INTEREST-EXPENSE>                        0                       0
<INCOME-PRETAX>                      708508                       0     
<INCOME-TAX>                              0                       0
<INCOME-CONTINUING>                  708508                       0
<DISCONTINUED>                            0                       0
<EXTRAORDINARY>                           0                       0
<CHANGES>                                 0                       0
<NET-INCOME>                         708508                       0
<EPS-PRIMARY>                             0                       0
<EPS-DILUTED>                             0                       0
        

</TABLE>
Pursuant to Ind. Appellate Rule 65(D), this 

Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

MATTHEW G. GRANTHAM TODD A. WHITEHURST

Bowers, Brewer, Garrett & Wiley, LLP Indiana Department of Child Services

Huntington, Indiana Wabash, Indiana

ROBERT J. HENKE

DCS Central Administration

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

IN RE THE TERMINATION OF THE )

PARENT-CHILD RELATIONSHIP OF )

C.R. (Minor Child) and )

)

T.R. (Mother), )

)

Appellant-Respondent, )

)

vs. ) No. 35A05-1208-JT-435

)

THE INDIANA DEPARTMENT OF CHILD )

SERVICES, )

)

Appellee-Petitioner. )

APPEAL FROM THE HUNTINGTON SUPERIOR COURT

The Honorable Thomas M. Hakes, Judge

Cause No. 35C01-1103-JT-5

April 26, 2013

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge
2

T.R. (“Mother”) appeals the trial court’s order involuntarily terminating her parental 

rights to her child, C.R. Among other things, Mother contends that the trial court’s findings 

are insufficient to support its judgment because they merely summarize the witnesses’ 

testimony and “do not reflect the trial court’s independent judgment as to what the specific 

facts of her case were.” Appellant’s Br. at 8. She asserts that, “[a]t a minimum, this Court 

should order a remand so that the trial court can submit appropriate findings of fact and 

conclusions of law.” Id. The Indiana Department of Child Services agrees. Appellee’s Br. 

at 12.

This Court has said,

A court or an administrative agency does not find something to be a fact by 

merely reciting that a witness testified to X, Y, or Z. Rather, the trier of fact 

must find that what the witness testified to is the fact. Additionally, the trier of 

fact must adopt the testimony of the witness before the “finding” may be 

considered a finding of fact.

In re Adoption of T.J.F., 798 N.E.2d 867, 874 (Ind. Ct. App. 2003) (citations omitted). The 

trial court failed to do so here. See, e.g., Appellant’s App. at 12 (“The Family Case Manager 

(FCM), John Lane, testified to the following: ....”); id. at 13 (“The service provider from the 

Bowen Center, Lynn Baker, testified to the following: ....”). Therefore, we reverse and 

remand with instructions to enter specific factual findings and to provide an explanation as to 

how the findings support the judgment. Moore v. Jasper Cnty. Dep’t of Child Servs., 894 

N.E.2d 218, 224 (Ind. Ct. App. 2008).

Reversed and remanded.

ROBB, C.J., and FRIEDLANDER, J., concur.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis ONTIVEROS-MENDOZA, Defendant-Appellant.

No. 06-40142.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Oct. 25, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Jose Luis Ontiveros-Mendoza appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1326 by being found in the United States without permission after deportation. He argues, in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), *642that the 77-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury.

Ontiveros-Mendoza’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although he contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Ontiveros-Mendoza properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

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.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2444 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2444

 To amend the Fair Credit Reporting Act to require nationwide consumer 
  reporting agencies, upon request, to use a consumer's current legal 
           name on consumer reports, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2023

 Ms. Pressley introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
 To amend the Fair Credit Reporting Act to require nationwide consumer 
  reporting agencies, upon request, to use a consumer's current legal 
           name on consumer reports, and for other purposes.

    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 ``Name Accuracy in Credit Reporting 
Act''.

SEC. 2. REQUIREMENT TO USE A CONSUMER'S CURRENT LEGAL NAME ON CONSUMER 
              REPORTS.

    Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 
1681c(a)) is amended by adding at the end the following:
            ``(9) With respect to a consumer reporting agency described 
        in section 603(p), any prior name of the consumer about whom 
        the report relates, other than the consumer's current legal 
        name, after receiving a request from the consumer to use only 
        the consumer's current legal name on all consumer reports.''.
                                 <all>
```
I 

118TH CONGRESS 

1ST SESSION H. R. 234 

To amend title 38, United States Code, to provide a burial allowance for 

certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2023 

Mr. BERGMAN (for himself, Mr. ALLRED, Mrs. MILLER-MEEKS, Mr. ELLZEY, 

Ms. HOULAHAN, Mr. BAIRD, Mr. BACON, and Mr. MAST) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide a burial 

allowance for certain veterans who die at home while 

in receipt of hospice care furnished by the Department 

of Veterans Affairs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gerald’s Law Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 234 IH

1 SEC. 2. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO 

2 DIE AT HOME WHILE IN RECEIPT OF HOS3 PICE CARE FURNISHED BY DEPARTMENT OF 

4 VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Subsection (a)(2)(A) of section 

6 2303 of title 38, United States Code, as amended by sec7 tion 2202 of the Johnny Isakson and David P. Roe, M.D. 

8 Veterans Health Care and Benefits Improvement Act of 

9 2020 (Public Law 116–315; 134 Stat. 4984), is further 

10 amended— 

11 (1) in clause (i), by striking ‘‘; or’’ and insert12 ing a semicolon; 

13 (2) in clause (ii)— 

14 (A) in subclause (II), by striking ‘‘; or’’ 

15 and inserting a semicolon; and 

16 (B) in subclause (III), by striking the pe17 riod at the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following new 

19 clause: 

20 ‘‘(iii) a home or other setting at which the 

21 deceased veteran was, at the time of death, re22 ceiving hospice care pursuant to section 

23 1717(a) of this title if such care was directly 

24 preceded by the Secretary furnishing to the vet25 eran hospital care or nursing home care as deVerDate Sep 11 2014 04:45 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H234.IH H234

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 234 IH

1 scribed in subclauses (I), (II), or (III) of clause 

2 (ii).’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect as if included in the enact5 ment of the Johnny Isakson and David P. Roe, M.D. Vet6 erans Health Care and Benefits Improvement Act of 2020 

7 (Public Law 116–315). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
`
 

 

 

**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:  August 26, 2008

 

EXCLUSIVE APPAREL, INC.

 

 

By: */s/ Sharon M. Lynch*

Chief Executive Officer and

Chief Financial Officer

 

 

 
`
### IN THE

TENTH COURT OF APPEALS

No. 10

- 18

- 00206

- CR

MICHELLE SHIRCLIFF

, Appellant

v.

THE STATE OF TEXAS

, Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2015

- 1821

- C1

ORDER O N R E H E A R I N G

Appellant’s motion for rehearing is granted. The Court’s memorandum opinion

and judgment, dated July 25, 2018, are withdrawn, and this appeal is reinstated.

Appellant’s brief is due thirty days from the date of this Order.

PER CURIAMShircliff v. State Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed September 12, 2018

Do not pub lish
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2297

To provide for a limitation on availability of funds for Related Agency 
and Food and Drug Administration, FDA Innovation Account, Cures Act for 
                           fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Related Agency 
and Food and Drug Administration, FDA Innovation Account, Cures Act for 
                           fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR RELATED AGENCY AND 
              FOOD AND DRUG ADMINISTRATION, FDA INNOVATION ACCOUNT, 
              CURES ACT FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Related Agency and Food 
and Drug Administration, FDA Innovation Account, Cures Act for fiscal 
year 2024 may not exceed $50,000,000.
                                 <all>
```