alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion to stay trial pending appeal denied as academic.

#### The People of the State of New York, Respondent, v Gregory Hall, Appellant.

[963 NYS2d 265]

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 13, 2008, convicting defendant, after a jury trial, of two counts of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of IV2 to 3 years, unanimously affirmed.

When the deliberating jury returned to the courtroom to receive supplemental instructions, the court did not coerce a verdict when it directed the court clerk to ask whether the jury had reached a verdict on the stolen property counts *(see People v Brown,*1 AD3d 147 [1st Dept 2003], *lv denied*1 NY3d 625 [2004]; *People v Mendez,*221 AD2d 162 [1st Dept 1995], *lv denied*87 NY2d 923 [1996]). The jury was not told that it was required to announce a verdict, and there is no indication that the jurors felt compelled to reach a verdict against their will. To the contrary, the jury foreperson freely answered, without *659hesitation, that the jury had reached a partial verdict. Moreover, the jurors were each polled as to the verdict, and all of them agreed with it.

Although the court did not comply with CPL 310.70 (1) when it failed to direct the jury to resume deliberations on the remaining trespass count, defendant was not prejudiced, since that count was dismissed *(see People v Rodriguez, 52*AD3d 319 [1st Dept 2008], *lv denied*11 NY3d 741 [2008]; *People v Stewart,*210 AD2d 161 [1994], *lv denied*85 NY2d 980 [1995]). Defendant’s argument that further deliberations might have led the jury to reconsider its guilty verdicts on the stolen property counts rests on speculation.

Concur—Andrias, J.P., Saxe, DeGrasse, Richter and Gische, JJ.
#### Bert S. WILSON v. Edward J. RESNICK, M.D.

Civ. A. No. 70-977.

United States District Court, E. D. Pennsylvania.

Nov. 5, 1970.

*511Murray C. Goldman, Philadelphia, Pa., for plaintiff.

Joseph H. Foster, White & Williams, Philadelphia, Pa., for defendant.

OPINION AND ORDER

WOOD, District Judge.

In this action against defendant doctor for negligently rendered medical treatment, plaintiff moves for production of documents. The parties exchanged medical documents in accord with Local Rule of Civil Procedure 8. Plaintiff now seeks production of reports submitted to defendant - by Dr. Blaker, a physician whom defendant has retained as an expert witness. Dr. Blaker did not personally examine plaintiff but based his conclusions on a review of all prior medical records in the case.

Pursuant to Federal Rule 26(b) (4) (A) as amended July 1, 1970, plaintiff served interrogatories on defendant, requesting that he state the identity of his expert witnesses, the subject matter on which they were expected to testify, the substance of the facts and opinions to which they were expected to testify and a summary of the grounds for each opinion. Defendant responded that Dr. Blaker was one of his expert witnesses; that he would testify on the question of whether plaintiff was treated in accordance with good, sound medical practice; that as to plaintiff’s condition, it appears that reinnervation is occurring; that any residual complaint would be more annoying than anything else; that there is no functional disability; that the care and treatment by Dr. Resnick was in accordance with good, sound medical practice. Plaintiff contends that these answers are sketchy and conclusory and not in keeping with the letter and spirit of the Amended Federal Rules of Civil Procedure.

 We do not believe that under the facts of this ease plaintiff is entitled to production of Dr. Blaker’s reports. We believe that defendant has adequately informed plaintiff as to the nature and substance of Dr. Blaker’s testimony. In addition, even were we to conclude that defendant’s answers to plaintiff’s interrogatories were insufficient, we do not believe that production of the report would be warranted. Amended Federal Rule 26(b) (4) provides that the *only*method by which a party may obtain discovery of facts known and opinions held by expert witnesses is service of interrogatories on the party retaining that expert. The Court may under Amended Rule 26(b) (4) (A) (ii) order further discovery by other means. However, to compel production of documents containing an expert’s opinion on the mere allegation that answers to interrogatories were insufficient would defeat the entire procedure which Rule 26(b) (4) sets forth.

Finally, inasmuch as these reports are materials prepared in anticipation of litigation, any production of them would be subject to “a showing *512that the party seeking discovery has substantial need of the materials in the preparation of his case. * * *” F.R. C.P. 26(b) (3). No such showing has been made in this instance. Accordingly, the motion must be denied.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 23 Placed on Calendar Senate (PCS)]

<DOC>

                                                         Calendar No. 1
118th CONGRESS
  1st Session
                                 H. R. 23

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 23 (legislative day, January 3), 2023

                     Received; read the first time

                            January 25, 2023

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
  To rescind certain balances made available to the Internal Revenue 
                                Service.

    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 ``Family and Small Business Taxpayer 
Protection Act''.

SEC. 2. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL 
              REVENUE SERVICE.

    The unobligated balances of amounts appropriated or otherwise made 
available for activities of the Internal Revenue Service by paragraphs 
(1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 
10301 of Public Law 117-169 (commonly known as the ``Inflation 
Reduction Act of 2022'') as of the date of the enactment of this Act 
are rescinded.

            Passed the House of Representatives January 9, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                         Calendar No. 1

118th CONGRESS

  1st Session

                                H. R. 23

_______________________________________________________________________

                                 AN ACT

  To rescind certain balances made available to the Internal Revenue 
                                Service.

_______________________________________________________________________

                            January 25, 2023

            Read the second time and placed on the calendar
```
#### The People of the State of New York, Respondent, v Robert L. Owens, Appellant.

(Appeal No. 1.)

[825 NYS2d 651]

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered November 12, 2003. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Scudder, EJ., Martoche, Centra and Pine, JJ.
EXHIBIT 32

WRITTEN STATEMENT
PURSUANT TO18 U.S.C. SECTION 1350

The undersigned, the Chairman and Chief Executive Officer and the Executive Vice President
and Chief Financial Officer of ACME Communications, Inc. (the Company) hereby
certify, to the best of our knowledge, that pursuant to 18 U.S.C. §1350:

(i) the amended annual report on Form 10-K/A for the twelve months ended December 31, 2003 of the
Company (the Report) fully complies with the requirements of section 13(a) and 15(d)
of the Securities Exchange Act of 1934; and

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

August 6, 2004

| | /s/ Jamie Kellner
| | -----------------

| | Jamie Kellner
| | -------------

| | Chirman and Chief Executive Officer
| | -----------------------------------

| | /s/ Thomas D. Allen
| | -------------------

| | Thomas D. Allen
| | ---------------

| | Executive Vice President and Chief Financial Officer
| | ----------------------------------------------------
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00525-CR

FREDDIE LEE TUBBS APPELLANT

V.

THE STATE OF TEXAS STATE

------------

FROM THE 97TH DISTRICT COURT OF MONTAGUE COUNTY

------------

MEMORANDUM OPINION1 AND JUDGMENT

----------

We have considered appellant’s “Motion To Dismiss.” The motion 

complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P.

42.2(a). No decision of this court having been delivered before we received this 

motion, we grant the motion and dismiss the appeal. See Tex. R. App. P.

42.2(a), 43.2(f).

PER CURIAM

 

1See Tex. R. App. P. 47.4.
2

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: March 14, 2013
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                       3,497,410
<SECURITIES>                                         0
<RECEIVABLES>                                   48,598
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,089,890
<PP&E>                                         143,865
<DEPRECIATION>                                   8,022
<TOTAL-ASSETS>                              12,195,938
<CURRENT-LIABILITIES>                        4,222,480
<BONDS>                                              0
<COMMON>                                     3,752,554
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   4,220,904
<TOTAL-LIABILITY-AND-EQUITY>                12,195,938
<SALES>                                      2,652,294
<TOTAL-REVENUES>                             2,652,294
<CGS>                                                0
<TOTAL-COSTS>                                2,244,477
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,692
<INCOME-PRETAX>                                406,125
<INCOME-TAX>                                   203,000
<INCOME-CONTINUING>                            203,125
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   203,125
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
##### 



Exhibit 32 18 U.S.C. Section 1350 Certifications of Chief Executive and Chief Financial Officers
 The following statement is being furnished to the Securities and Exchange Commission solely for
purposes of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), which carries with it
certain criminal penalties in the event of a knowing or willful misrepresentation.
 
    (i)
    
    this Current Report on Form 10-Q fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and(ii)
    
    the information contained in this report fairly presents, in all material
respects, the financial condition and results of operations of Andrew Corporation.
  /s/ Ralph E. Faison
    
    /s/ Marty R. KittrellRalph E. Faison
    
    Marty R. KittrellPresident and Chief Executive Officer
    
    Chief Financial Officer
Exhibit 4.1


 


	Cert. No.	 	 	No. of Shares
	0	 	 	0


 


ASCEND TELECOM
HOLDINGS LIMITED


(the “Company”)


 


This is to certify that [Name of Shareholder]
of [Address] is the registered proprietor of [No. of shares] Ordinary Shares of [USD$1.00] in the Company subject to the Memorandum
and Articles of Association thereof.


 


	 	Executed on behalf of the Company
	 	the                       day of                     20
	 	 
	 	 
	 	Director
EXHIBIT 32.1


CERTIFICATION 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),  each of
the  undersigned  officers of New Century  Companies,  Inc. (the Company),  does
hereby certify, to such officer's knowledge, that:

      The  Quarterly  Report on Form 10-QSB for the quarter ended March 31, 2004
of the Company fully complies,  in all material respects,  with the requirements
of  section  13(a)  or  15(d)  of  the  Securities  Exchange  Act of  1934,  and
information  contained  in the Form  10-QSB  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.



May 20, 2004                             /s/ David Duquette
                                         ----------------------------------
                                         Name:  David Duquette
                                         Title: Chief Executive Officer and
                                                Chief Financial Officer



      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 New Century
Companies,  Inc. and will be furnished to the Securities  Exchange Commission or
its Staff upon request.
<PAGE>

                                                             Exhibit 21.1

                        Cumberland Bancorp, Incorporated
                              List of Subsidiaries
                             As of February 28, 2002

         Wholly-Owned Bank Subsidiaries
                  Bank of Dyer - Dyer, Tennessee
                  BankTennessee - Collierville, Tennessee
                  Cumberland Bank - Carthage, Tennessee
                  The Community Bank - Nashville, Tennessee
                  The Bank of Mason - Mason, Tennessee

         Wholly-Owned Non-Bank Subsidiaries
                  Cumberland Finance, Inc.
                  Cumberland Mortgage, Inc.
                  CBC Financial Services, Inc.
                  Cumberland Life Insurance, Inc.
                  HumboldtFinance
                  FinanceTennessee
                  Cumberland Capital Trust I
                  Cumberland Capital Trust II
<PAGE>
                                    FORM 6-K


                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549



                            REPORT OF FOREIGN ISSUER

                    PURSUANT TO RULE 13a-16 OR 15d-16 OF THE
                         SECURITIES EXCHANGE ACT OF 1934

                         For the month of February 2004

                             CAMPBELL RESOURCES INC.
                               (Registrant's Name)

                          1155, University, Suite 1405,
                                Montreal, Quebec
                                 Canada H3B 3A7
                    (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 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      No  x
                                    ---     ---
If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): 82-


<PAGE>



Filed with this Form 6-K is the following which are incorporated herein by
reference:

99.1   Press Release - February 26, 2004: Campbell Resources Announces
       Its Year-End Results

<PAGE>




                                   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.

                                               CAMPBELL RESOURCES INC.



                                               /s/  Lucy Brun
                                               -------------------------------
                                               Lucy Brun
                                               Executive Vice-President and
                                               Chief Administrative Officer


DATE:    February 26, 2004



<PAGE>





                                  EXHIBIT INDEX


99.1   Press Release - February 26, 2004:  Campbell Resources Announces
       Its Year-End Results
Exhibit
      31.2




**Certifications**




I,
      Michael
      Sweet, certify that:




1.           I
      have reviewed this report on Form 10-QSB of MDI, Inc.;





2.           Based
      on my knowledge, this 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 report;





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





4.           The
      registrant’s other certifying officers and I are responsible for establishing
      and maintaining disclosure controls and procedures (as defined in Exchange
      Act
      Rules 13a-15(e) and 15d-15(e)) for the registrant and have:





a.           Designed
      such disclosure controls and procedures, or caused such disclosure controls
      and
      procedures to be designed under our supervision, 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 report is being prepared;





b.           Evaluated
      the effectiveness of the registrant’s disclosure controls and procedures and
      presented in this report our conclusions about the effectiveness of the controls
      and procedures, as of the end of the period covered by this report based on
      such
      evaluation; and





c.           Disclosed
      in this report any change in the registrant’s internal control over financial
      reporting that occurred during the registrant’s most recent fiscal quarter that
      has materially affected, or is reasonably likely to materially affect, the
      registrant’s internal control over financial reporting; and





5.           The
      registrant’s other certifying officers and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the
      registrant’s auditors and the audit committee of the registrant’s board of
      directors (or persons performing the equivalent functions):





a.           All
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the registrant’s ability to record, process, summarize and
      report financial information; and





b.           Any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant’s internal control over financial
      reporting.





Dated:
                November 12, 2007By:
                /s/ Michael SweetMichael
                SweetChief
                Financial Officer
#### The People of the State of New York, Respondent, v Olante Bradshaw, Appellant.

[961 NYS2d 797]

—Appeal by the defendant from a judgment of the County Court, Westchester County (Colangelo, J.), rendered December 20, 2010, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the sentencing court failed to conduct a proper inquiry into his post-plea arrest before imposing an enhanced sentence is unpreserved for appellate review *(see People v Miles,*268 AD2d 489 [2000]). In any event, the sentencing court’s inquiry was proper *(see generally People v Outley,*80 NY2d 702, 713 [1993]).

To the extent that the defendant contends that his sentence was excessive, that contention is precluded by the defendant’s valid waiver of his right to appeal *(see generally People v Lopez,*6 NY3d 248, 255-256 [2006]).

Dillon, J.E, Hall, Roman and Cohen, JJ., concur.
EX-35.1
(logo) SUNTRUST



Wells Fargo Bank, National Association
9062 Old Annapolis Road
Columbia, MD 21045
Attention: Corporate Trust Group (STARM 2007-1)



Re: Annual Compliance Statement for STARM 2007-1

In connection with the loans serviced by SunTrust Mortgage, Inc. (the
"Company") pursuant to the Company's Servicing Agreement(s)/Purchase and Sale
Agreement(s) with Goldman Sachs Mortgage Company and any applicable
Reconstitution Agreement(s) (together, the "Transaction Agreements"), I, the
undersigned officer, hereby certify the following as of December 31, 2007:

(i)  The Company conducted a review of its activities during the immediately
     preceding calendar year (or applicable portion thereof) and of its
     performance under the Transaction Agreements during such period has been
     made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Company has
     fulfilled all of its obligations under the Transaction Agreements in all
     material respects throughout such calendar year (or applicable portion
     thereof), except as follows:

*    SunTrust Mortgage did not maintain the required fidelity bond coverage
     amount in accordance with Section 229.1122(d)(i)(iv) at all times during
     2007. The Company maintained fidelity bond coverage in the amount of
     $150MM throughout calendar year 2007, which was determined to be
     insufficient according to applicable FNMA transaction agreement terms.
     This deficiency was an issue for limited portions of the year and resulted
     from an increase in the volume of the servicing portfolio. SunTrust
     Mortgage has requested a waiver from FNMA stating this coverage amount is
     adequate without regard for the size of the residential servicing
     portfolio, subject to an annual FNMA review. FNMA has verbally agreed to
     this request, and SunTrust Mortgage is working to formalize this
     agreement.



IN WITNESS WHEREOF, I do hereby certify the foregoing as of the date hereof.



/s/ John R. Purcell, Jr.
John R. Purcell, Jr.
Senior Vice President - Manager, Servicing Division

Date: March 12, 2008