alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BLUMENTHAL v. LUKACS.

District Court, S. D. N. Y.

Feb. 5, 1942.

*428Saul E. Rogers, of New York City, for plaintiff.

McCauley, Spiegelberg, Davis & Gallagher, of New York City, for defendant.

MANDELBAUM, District Judge.

Defendant moves (1) for an order directing plaintiff to answer questions numbered 38, 47 to 50, inclusive, and 117 propounded to the plaintiff during the course of an examination before trial;

(2) to produce certain books and records;

(3) to produce an original lease.

Plaintiff is suing as assignee to recover moneys allegedly advanced by the plaintiff’s assignor, a Hungarian Company, to the defendant during the years 1924 — 1925.

In effect, the defendant’s answer pleads payment and a cancellation of whatever indebtedness there may have been due from the defendant to the plaintiff’s assignor.

The questions propounded to which objections were made deal with transactions between plaintiff, his assignor and one Roboz. It is asserted that these questions are relevant to the issues between plaintiff and the defendant.

After examining the affidavits submitted, I am of the opinion- that no connection has been shown between the matters sought to be elicited from the plaintiff and the issue in the case. At best, it is highly conjectural and it seems that the defendant hopes that answers to these questions may reveal information beneficial to the defendant. The new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, have liberalized the scope of examination before trial. Nevertheless, relevancy to the issue is still the test, and in my opinion, the defendant has failed to meet it. Objections to questions 36, 47 to 50, inclusive, are sustained. Question 117 makes inquiry from the plaintiff as to the reason for not prosecuting a suit in California. This too, I believe, is improper and the objection is sustained.

The second division of the motion deals with the demand for the production of certain books and records of the Hungarian Company. Plaintiff’s counsel states in his affidavit that the plaintiff is not in possession - of such books and records, and if they do exist, they are presently in Hungary. In view of this, the plaintiff’s statement to this effect, under oath, in lieu of their production ought to suffice.

The third division of the motion contains a request for an original lease. The plaintiff’s counsel states that the executed copies of this lease are in Hungary, but offers to produce a conformed copy instead. Plaintiff may do so upon his statement, under oath, that he is not in possession of the original lease, and that the copy that he is submitting is a conformed copy of the original.

Settle order on notice.
---



Exhibit 31.1



CERTIFICATIONS



I, Ronald A. Durando, certify that:



1. I have reviewed this quarterly report on Form 10-Q of mPhase Technologies, 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 officer 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's 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 disclosure 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 (the registrant's fourth fiscal quarter in the case of an annual report) 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 officer 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 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 registrants' 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.



/s/ Ronald A. Durando



Ronald A. Durando

Chief Executive Officer



November 13, 2006

---
Exhibit 23

# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statements (Form S-8 Nos. 33-40036, 33-54576, 33-61683,
333-01289, 333-35530, 333-68604 and 333-127592) pertaining to Banta Corporation and in
the related prospectuses thereto, of our reports dated February 6, 2006, with respect to
the consolidated financial statements and schedule of Banta Corporation, Banta
Corporation managements assessment of the effectiveness of internal control over
financial reporting, and the effectiveness of internal control over financial reporting
of Banta Corporation, included in this Annual Report (Form 10-K) for the year ended
December 31, 2005.

/s/ ERNST & YOUNG LLP
 Milwaukee, Wisconsin  February 22, 2006
# Presidential Determination for the Lao People's Democratic Republic Under Section 2(b)(2) of the Export-Import Bank Act of 1945, as amended

# Memorandum for the Secretary of State

Pursuant to the authority vested in me by section 2(b)(C) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(2)(C)), I hereby determine that The Lao People's Democratic Republic has ceased to be a Marxist-Leninist country within the definition of such term in section 2(b)(2)(B)(i) of that Act.

                    You are authorized and directed to publish this determination in the                     *Federal Register*.                

[FR Doc. E9-14495

Billing code 4710-10-P
**Exhibit 2.2**

 

**ARTICLES OF MERGER**

**MERGING**

**FOX MERGER CORPORATION**

**(a Wisconsin corporation)**

**WITH AND INTO**

**APOGENT TECHNOLOGIES INC.**

**(a Wisconsin corporation)**

 

**ARTICLES OF MERGER** executed as of this 2nd day of August, 2004, by andbetween Apogent Technologies Inc., a Wisconsin corporation (hereinafter referred to as “Survivor”), and Fox Merger Corporation, a Wisconsin corporation (hereinafter referred to as the “Merging Corporation”), in accordance withSection 180.1105 of the Wisconsin Business Corporation Law (“WBCL”). 

 

**ARTICLE I**

 

Therespective Boards of Directors of the Merging Corporation and Survivor, in accordance with their respective Articles of Incorporation and By-laws and Section 180.1103 of the WBCL, each adopted resolutions approving an Agreement and Plan of Merger,dated as of March 17, 2004, as amended on April 16, 2004 (the “Plan of Merger”), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. 

 

**ARTICLE II**

 

The shareholders of Survivor, in accordance with Section 180.1103 of theWBCL, adopted a resolution on August 2, 2004 approving the Plan of Merger. The shareholders of the Merging Corporation, in accordance with Section 180.1103 of the WBCL, adopted resolutions on March 17, 2004 and August 2, 2004 approving the Plan ofMerger. 

 

**ARTICLE III**

 

These Articles of Merger shall be effective, and the merger of the MergingCorporation with and into Survivor shall take effect, as of 11:00 A.M. (Central Time) on August 2, 2004. 

**IN WITNESS WHEREOF,** Survivor has caused these Articles of Merger to be executed as of the day andyear first above written. 

 

**APOGENT TECHNOLOGIES INC.**

(“Survivor”)

By:
 
/s/ Frank H. Jellinek Jr.

Name:
 
Frank H. Jellinek, Jr.

Title:
 
President and
  
Chief Executive Officer

**FOX MERGER CORPORATION**

(“Merging Corporation”)

By:
 
/s/ Kevin P. Clark

Name:
 
Kevin P. Clark

Title:
 
Vice President

 

*These Articles of Merger weredrafted by, and a copy hereof should be returned to, Mark T. Plichta of Foley & Lardner LLP, 777 East Wisconsin Avenue, Milwaukee, Wisconsin 53202-5306.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

# AGENCY HOLDING THE MEETING:

Board of Governors of the Federal Reserve System.

# TIME AND DATE:

12:00 p.m., Monday, June 22, 2009.

# PLACE:

Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551.

# STATUS:

Closed.

# MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees.

2. Any items carried forward from a previously announced meeting.

# FOR FURTHER INFORMATION CONTACT:

Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202-452-2955.

# SUPPLEMENTARY INFORMATION:

                        You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at                         *http://www.federalreserve.gov*                         for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting.                    

Board of Governors of the Federal Reserve System, June 12, 2009.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E9-14257 Filed 6-12-09; 4:15 pm]

BILLING CODE 6210-01-S
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Page 29235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14398]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AA-12209; AK-962-1410-HY-P]


Alaska Native Claims Selection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of decision approving lands for conveyance.

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

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that 
an appealable decision approving the conveyance of surface estate only 
for certain lands pursuant to the Alaska Native Claims Settlement Act 
will be issued to The Aleut Corporation for 93.53 acres on Samalga 
Island, Alaska. Notice of the decision will also be published four 
times in the Anchorage Daily News.

DATES: The time limits for filing an appeal are:
    1. Any party claiming a property interest which is adversely 
affected by the decision shall have until July 20, 2009 to file an 
appeal.
    2. Parties receiving service of the decision by certified mail 
shall have 30 days from the date of receipt to file an appeal.
    Parties who do not file an appeal in accordance with the 
requirements of 43 CFR part 4, subpart E, shall be deemed to have 
waived their rights.

ADDRESSES: A copy of the decision may be obtained from: Bureau of Land 
Management, Alaska State Office, 222 West Seventh Avenue, <greek-i>13, 
Anchorage, Alaska 99513-7504.

FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone 
at 907-271-5960, or by e-mail at <a href="/cdn-cgi/l/email-protection#92f3f9bcf0feffbcf1fdfce4f7ebf3fcf1f7d2f3f9bcf0feffbcf5fde4"><span class="__cf_email__" data-cfemail="d6b7bdf8b4babbf8b5b9b8a0b3afb7b8b5b396b7bdf8b4babbf8b1b9a0">[email protected]</span></a>. Persons 
who use a telecommunication device (TTD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8330, 24 hours a day, 
seven days a week, to contact the Bureau of Land Management.

Dina L. Torres,
Land Transfer Resolution Specialist, Resolution Branch.
[FR Doc. E9-14398 Filed 6-18-09; 8:45 am]
BILLING CODE 4310-JA-P


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EXHIBIT
99.3

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
SECTION 1350)

In connection with the Quarterly
Report of Cenex Harvest States Cooperatives (the
Company), on Form 10-Q for the period ended May 31, 2003
as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, John Schmitz, Executive Vice President
and Chief Financial Officer of the Company, certify, pursuant to18
U.S.C. Section 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.

> /s/ John
> SchmitzJohn SchmitzExecutive Vice
> President and Chief Financial Officer July 2,
> 2003

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
Cenex Harvest States Cooperatives and will be retained by Cenex Harvest
States Cooperatives and furnished to the Securities and Exchange
Commission or its staff upon
request.



---
### cc: Hertha Lund, Monica Tranel, L. Randall Bishopp

**IN THE SUPREME COURT OF THE STATE OF MONTANA DA**  **- 23**  **- 0291**  LITTLE BIG WARM RANCH, LLC, LARRY H. SMITH and MARK FRENCH

Appell an ts/Cross Appell ees , v. WILFRED L. DOLL and CHERI L. DOLL,

Cross - Appellants /Appellees . **ORDER**

LEVI DOLL and SHEILA DOLL ,

Intervenors. Pursuant to Appellants’ and Cross - Appellees’ motion for extension to time and good cause appearing, Appellant s and Cross Appellees are given an extension of time until January 17 , 202 4, to prepare, file and serve Appellants ’ Reply brief and response to Cross - Appellants’ opening brief . No further extensions will be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

November 28 2023

11/28/2023
Case Number: DA 23-0291
**Exhibit 32.2**

 

 

**CERTIFICATIONPURSUANT TO**

**18 USC. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

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

 

Inconnection with the quarterly report on Form 10-Q of FGX InternationalHoldings Limited (the “Company”) for the three months ended March 29, 2008as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Anthony Di Paola, Executive Vice President and Chief FinancialOfficer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)   TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 
| May 8,  2008 |   | /s/  ANTHONY  DI PAOLA |
|-------------------|--------|----------------------------------|
|              |   | Anthony  Di Paola                |
|              |   |                             |
|              |   | Title:                           | Executive  Vice President and Chief Financial Officer |
|              |   |                             | (principal  financial officer and principal accounting officer) |
|              |   |                             |   |
|              |   |                             |   |

 

 

 

----
----

** Exhibit 32.1**

** MPHASE TECHNOLGIES, INC.**

** CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)**

In connection with the Quarterly Report of mPhase Technologies, Inc., a New Jersey corporation (the "Company"), on Form 10Qfor the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission (the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. Section 1350), that to his 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/ Ronald A. Durando               

Ronald A. DurandoChief Executive Officer

November 14, 2008

----
CERTIFICATION
                     PURSUANT TO 18 U.S.C. SECTION 1350,
                  AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


      The  undersigned  hereby certify,  pursuant to 18 U.S.C.  Section 1350, as
adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-G  ("Issuer") for the period
ending June 30, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 13th day of August, 2003.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-G
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)

      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne Energy Income  Limited  Partnership  II-G and will be
retained by Geodyne Energy Income Limited  Partnership II-G and furnished to the
Securities and Exchange Commission or its staff upon request.
EXHIBIT 21


SUBSIDIARIES OF REGISTRANT


     The Company has the following subsidiaries including significant
subsidiaries as defined in Regulation S-X, each incorporated in the jurisdiction
stated opposite its name. All of the following subsidiaries are 100% owned by
the Company. The Company has additional subsidiaries, which, if considered in
the aggregate as a single subsidiary, would not constitute a "significant
subsidiary" as such term is defined in Regulation S-X.

Name of Subsidiary                                Jurisdiction of Incorporation
------------------                                -----------------------------

Bandag A.G. ....................................................Switzerland
Bandag Canada Ltd. ..................................................Canada
Bandag Europe N.V. .................................................Belgium
Bandag Licensing Corporation.  ........................................Iowa
Bandag Incorporated of S.A. (Proprietary) Limited .............South Africa
Bandag New Zealand Limited .....................................New Zealand
Bandag do Brasil Ltda ...............................................Brazil
Bandag B.V. ....................................................Netherlands
Bandag de Mexico, S.A. de C.V. ......................................Mexico
BTC, Inc. .........................................................Delaware
Tire Distribution Systems, Inc. ...................................Delaware
Tire Management Solutions, Inc. .......................................Iowa



                                      115
Order filed Febr uary 4 , 2020

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00875

- CR

____________ IN RE BENJAMIN OSHEA CALHOUN , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Co unty Crim inal C our t at Law No. 16 Harris County, Texas Trial Court Cause No. 2274904



### ORDER
Relator Benjamin Oshea Calhoun filed a petition for writ of mandamus in this court. Relator asked this court to compel the Honorable Tanya Jones, presiding judge of Harris County Criminal Court at Law No . 15 to take certain actions in connection with the case below in trial court cause number 2274904, styled The State of Texas v. Benjamin Oshea Calhoun . Judge Jones recused herself from cause
number 2274904.
On December 19, 2019, this court abated the or iginal proceeding concerning trial court cause number 2274904, styled The State of Texas v. Benjamin Oshea
Calhoun , to permit the Honorable Darrell Jordan, presiding judge of County Criminal Court at Law No. 16, to reconsider the decisions regarding relato r’srequests for relief. See Tex. R. App. P. 7.2(b); In re Blevins , 480 S.W.3d 542, 544

(Tex. 2013) (orig. proceeding) (per curiam) (holding that when judge, who signed challenged order has recused from case, court of appeals may abate original proceeding to allow new judge to consider challenged order). We directed Judge Jordan to provide this court with signed orders reflecting his rulings regarding relator’s requests for relief. We received no response from Judge Jordan.
It has come to the court’s attention that, on December 10, 2019, the trial court dismissed the criminal cause against relator in cause number 2274904, styled The State of Texas v. Benjamin Oshea Calhoun

. The Harris County District Clerk is directed to fi le a clerk’s record with this
court on or before February 14 , 2020 , containing the m otion to d ismiss with the signed order dismissing the case filed on December 10, 2019.

PER CURIAM
Panel Consists of Justices Zimmerer, Spain, and Hassan.