alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### LYNCH v. NATIONAL BONDHOLDERS CORPORATION.

No. 3279.

District Court, E. D. Michigan, S. D.

June 3, 1942.

Charles P. Nugent, of Detroit, Mich., for plaintiff.

Vandeveer & Haggerty, of Detroit, Mich., for defendant.

LEDERLE, District Judge.

On February 6, 1942, plaintiff, a resident of this District, instituted this action by praecipe and summons against the defendant, a Delaware corporation, in the Wayne Circuit Court, claiming damages of five thousand dollars for personal injuries allegedly sustained February 9, 1939, from a fall on the steps of defendant’s apartment building in Detroit, Michigan. On February 6, 1942, service of the summons was made upon the Michigan Corporation and Securities Commission, as statutory agent for defendant. On February 19, 1942, plaintiff filed his declaration, and on the same day defendant appeared specially and petitioned for removal of said cause to this court under 28 U.S.C.A. § 41(1), this being a controversy between citizens of different states involving more than three thousand dollars. On March 10, 1942, the certified record on removal was filed in this court, and on March 12, 1942, defendant filed an answer and demand for jury trial. On April 8, 1942, an order for pre-trial hearing under Rule 16, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, was entered herein by this court and’ served upon counsel by mail. On March 21, 1942, counsel appeared for such pretrial Hearing, at which time defendant’s request that plaintiff submit to a physical examination by a physician was granted, and trial was set for June 3, 1942, at 9:30 a.m. On May 7, 1942, a letter was sent to counsel requesting that before trial they submit trial briefs, requests to charge, and proposed special questions for submission to the jury on each disputed issue of fact under Rule 49. Defendant’s brief was submitted on May 28, 1942. On this date, June 3, 1942, at 9:30 a.m., the jury panel was present and the case was called for trial in open court. Defendant’s counsel and witnesses were present prepared to proceed to' trial. Counsel for plaintiff appeared and stated that plaintiff did not care to proceed further with the litigation. Defendant’s counsel requested that this cause be dismissed with prejudice for want of prosecution in accordance with Rule 41(b) and offered to waive all costs except final dismissal fee.

Now, therefore, it is hereby ordered that this cause be and the same is hereby dismissed and discontinued, with prejudice, and without costs to either party except that final dismissal fee be paid to the Clerk of this Court by plaintiff.
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T Aug ust 12, 2009 THOMAS K. KAH

N CL ERK [P UB L I SH] I N THE UN I TED STATES COURT OF A PPEAL S FOR THE EL EVENTH CI RCUI T

No. 08-10997
UNI TED STATES OF AMERI CA, Plaintiff-Appellant,

versus WI L L I AM I REY, Def endant- Appellee

.

--- --- --- --- --- --- --- --- -- On Appea l from the United States District Court for the Middle District of Flor ida

--- --- --- --- --- --- --- --- -- (Opinion Marc h 30, 2009, 563 F.3d 1223, 11th Cir. 2009)

(August 12, 2009) BEF ORE: DUB I

NA, Chief J udg e, TJ OFLAT, EDMOND S ON , BI RCH, BLACK, CARNES, BA RKETT, HUL L , MARCUS, W I L SON and PRYOR, Circuit J udg es*. B Y T H E C O U R T: A member of this Court in active service having reque sted a poll on whether this case should be re hear d by

the Court sitti ng en banc , and a majority of the judge s in this Court in a ctive ser vice having voted in favor

of g ranting a re hear ing e n banc, I T I S ORDERED that the above cause shall be rehe ard by this court en banc. The previous panel' s opinion is hereby

VACATED.

___________________ *Senior United States Circuit Judge J ames C. H ill has elec ted to participa te in further proce eding s in this m atter pur suant to 28 U.S.C. § 46(c).
#### The People of the State of New York, Respondent, v Kourtney Feurtado, Appellant.

[977 NYS2d 393]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 13, 2011, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to establish that he was prejudiced by the loss of certain *Rosario*material *(see People v Rosario,*9 NY2d 286 [1961], *cert denied*368 US 866 [1961]), and thus, the Supreme Court properly declined to give an adverse inference charge with respect to the content of that material *(see*CPL 240.75; *People v Brown,*71 AD3d 1043 [2010]; *People v DiFiore,*46 AD3d 835 [2007]; *Matter of Benjamin J.,*10 AD3d 608 [2004]).

The defendant failed to preserve for appellate review his contention that he was deprived of a fair trial when the Supreme Court participated in the readbacks of certain testimony to the jury by assuming the role of a witness or inquiring counsel *(see*CPL 470.05 [2]; *People v Alcide, 21*NY3d 687 [2013]). In any event, under the circumstances of this case, any error the court may have committed by participating in the readbacks was harmless and did not deprive the defendant of a fair trial *(see People v Crimmins,*36 NY2d 230, 237 [1975]; *People v Facey,*104 AD3d 788, 789 [2013]).

The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation *(see People v Benevento,*91 NY2d 708, 712 [1998]; *People v Baldi,*54 NY2d 137, 147 [1981]).

The defendant’s contention that the Supreme Court should have afforded him youthful offender treatment is without merit *(see*CPL 720.10 [2] [a] [ii]; [3] [i]; *cf. People v Tyquan S.,*54 AD3d 1062 [2008]).

*963The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Mastro, J.P., Dillon, Angiolillo and Chambers, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<CIK> 0000012355
<NAME> THE BLACK & DECKER CORPORATION
<MULTIPLIER> 1,000

<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         141,800
<SECURITIES>                                         0
<RECEIVABLES>                                  716,400<F1>
<ALLOWANCES>                                    44,000
<INVENTORY>                                    747,800
<CURRENT-ASSETS>                             1,804,200
<PP&E>                                       1,882,100<F2>
<DEPRECIATION>                                 976,300
<TOTAL-ASSETS>                               5,153,500
<CURRENT-LIABILITIES>                        1,506,600
<BONDS>                                      1,415,800
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        47,100
<OTHER-SE>                                   1,585,300
<TOTAL-LIABILITY-AND-EQUITY>                 5,153,500
<SALES>                                      4,914,400
<TOTAL-REVENUES>                             4,914,400
<CGS>                                        3,156,600
<TOTAL-COSTS>                                4,557,500
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             140,100
<INCOME-PRETAX>                                202,700
<INCOME-TAX>                                    43,500
<INCOME-CONTINUING>                            159,200
<DISCONTINUED>                                  70,400
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   229,600
<EPS-PRIMARY>                                     2.48<F3><F4>
<EPS-DILUTED>                                     2.39<F4>
<FN>
<F1>Represents trade receivables, before allowances.
<F2>Represents property, plant, and equipment at cost.
<F3>Represents basic earnings per share.
<F4>Restated to reflect the Corporation's adoption of Statement of
    Financial Accounting Standards No. 128, "Earnings Per Share".
</FN>


</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**RASHAAD FITZGERALD,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 252 WAL 2015** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 31st day of December, 2015, the Petition for Al lowance of** 

**Appeal is** DENIED

**.**

**Mr. Justice Eakin did not participate in the decision of t his matter.**
Exhibit 32.2



CERTIFICATION OF PERIODIC FINANCIAL REPORT
PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002, 18 U.S.C. SECTION 1350



The undersigned hereby certifies that he
is the duly appointed and acting Chief Financial Officer of Navidea Biopharmaceuticals, Inc. (the Company) and hereby further certifies
as follows:



(1)         The
periodic report containing financial statements to which this certificate is an exhibit 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 periodic report to which this certificate is an exhibit fairly presents, in all material respects,
the financial condition and results of operations of the Company.



In witness whereof, the undersigned has
executed and delivered this certificate as of the date set forth opposite his signature below.



|March 18, 2013 | /s/ Brent L. Larson      
|-------------- | -------------------------
|               | Brent L. Larson          
|               | Senior Vice President and
|               | Chief Financial Officer
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 connection with the Annual Report on Form 10-K for the fiscal year ended October 31, 2006 of Blue Ridge Real Estate Company and Big Boulder Corporation (together , the Registrants) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Patrick M. Flynn, Chief Executive Officer and President of the Registrants, 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 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 (15 U.S.C. Section 78m(a) or Section 78o(d); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrants.    /s/ Patrick M. Flynn Patrick M. Flynn Chief Executive Officer and President January 29, 2007
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  September 30, 2006 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 20th day of November, 2006.

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


In connection  with the amended  Annual Report of Flanigan's  Enterprises,  Inc.
(the  "Company")  on Form 10-K/A for the year ended  September 28, 2002 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Joseph G. Flanigan, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. ss. 1350,  adopted pursuant to Section 06 of the Sarbanes-Oxley Act
of 2002 that to my knowledge:

(1)  The Report fully complies with the requirements of Section 13(a) 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/ Joseph G. Flanigan
                             ----------------------
                             Name: Joseph G. Flanigan
                             Chief Executive Officer
                             Date: May 19, 2003
#### Deepak Trivedi, Appellant, v Robert Golub, Defendant, and Flushing Hospital Medical Center, Respondent.

Submitted October 29, 2012;

decided December 18, 2012

Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]; CPLR 2103 [b] [2]). Motion for poor person relief dismissed as academic.
EXHIBIT 3.1


CERTIFICATE OF AMENDMENT





TO THE





SECOND AMENDED AND RESTATED




CERTIFICATE OF INCORPORATION





OF




BREKFORD INTERNATIONAL CORP.




BREKFORD INTERNATIONAL CORP., a corporation organized and existing under the General Corporation Law of the State of Delaware, DOES HEREBY CERTIFY:




1.           The name of the corporation (hereinafter called the “Corporation”) is Brekford International Corp.





2.           The Second Amended and Restated Certificate of Incorporation is hereby amended as follows:





(a)           Article I is hereby amended and restated in its entirety to read as follows:







“The name of the Corporation is Brekford Corp.”




3.           The amendment of the Second Amended and Restated Certificate of Incorporation herein certified has been duly adopted and written consent has been given in accordance with the provisions of Sections 228 and 242 of the General Corporation Law of the State of Delaware.




IN WITNESS WHEREOF, Brekford International Corp. has caused this Certificate to be signed by its Chief Executive Officer and Chief Financial Officer this 30th day of June, 2010.







BREKFORD INTERNATIONAL CORP./s/ C.B. BrechinName: C.B. BrechinTitle: Chief Executive Officer and Chief Financial Officer
#### Joseph BURCH, Plaintiff-Appellant, v. PHILIP MORRIS USA, INCORPORATED, Defendant-Appellee. Joseph Burch, Plaintiff-Appellant, v. Philip Morris USA, Incorporated, a Corporation, Defendant-Appellee.

Nos. 05-2381, 05-2382.

United States Court of Appeals, Fourth Circuit.

Submitted: May 19, 2006.

Decided: June 29, 2006.

Joseph Burch, Appellant Pro Se. Wood Walter Lay, Eric Michael David Zion, Jacqueline M. Yount, Hunton & Williams, Charlotte, North Carolina, for Appellee.

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Joseph Burch filed two civil actions against Philip Morris USA, Inc. In Burch’s first lawsuit, the district court adopted the magistrate judge’s report and denied relief in January 2004. Burch moved to rescind the district court’s order, but that motion was denied in June 2005. Burch’s appeal was assigned No. 05-2382. In Burch’s second action, the district court denied relief in June 2005.* Burch’s appeal was assigned No. 05-2381. Both notices of appeal were filed on December 5, 2005.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. RApp. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). This appeal period is “mandatory and ju*362risdictional.” *Browder v. Dir., Dep’t of Corr.,*434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting *United States v. Robinson,*361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (I960)).

Because Burch failed to file a timely notice of appeal or obtain an extension or reopening of the appeal period in either case, we dismiss the appeals. We deny his motions for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not assist in the decisional process.

*DISMISSED.*

*

 The district court subsequently granted Philip Morris’s motion for sanctions in September 2005. Burch moved to pay the sanctions in installments, and by order dated November 18, 2005, the district court directed Burch to provide proof of indigency by December 5, 2005, and provided that the sanction would be payable in full on December 15, 2005, if Burch did not comply. Burch never responded to the district court's November 18 order to provide an affidavit in support of his need for an installment payment plan, and therefore, pursuant to its terms, the order was reduced to a judgment for the full amount of the sanction on December 15, 2005. Burch does not challenge the sanctions order in his informal brief on appeal, so he has waived appellate review of that order. See 4th Cir. R. 34(b).
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.                  

###### Export-Import Bank of the United States

# ACTION:

Notice of a Partially Open Meeting of the Board of Directors of the Export-Import Bank of the United States.

# Time and Place:

Thursday, January 22, 2009 at 9:30 a.m. The meeting will be held at Ex-Im Bank in Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. 

# Open Agenda Items: 

Item No. 1: Ex-Im Bank Sub-Saharan Africa Advisory Committee for 2009. 

# Public Participation: 

The meeting will be open to public participation for Item No. 1 only. 

# FOR FURTHER INFORMATION CONTACT:

For further information, contact: Office of the Secretary, 811 Vermont Avenue, NW., Washington, DC 20571 (Tele. No. 202-565-3957). 

Kamil P. Cook, 

Deputy General Counsel.

[FR Doc. E9-1433 Filed 1-23-09; 8:45 am] 

BILLING CODE 6690-01-M
Board of
Directors


Scout
Acquisition, Inc.


c/o Sands
Brothers Venture Capital LLC


601
Lexington Avenue


51st
Floor


New York,
NY 10022





May 14,
2010





Re: Resignation





To the
Board of Directors:





Please be
advised that effective as of May 14, 2010, I hereby resign as President,
Secretary and a director of the Board of Directors of Scout Acquisition, Inc.
(the “Company”), effective immediately after the election of the new directors
of the board of directors of the Company.




Very
      truly yours,
              
              /s/ Scott
      Baily
              
              Scott
      Baily
EXHIBIT 32.2
------------


                     CERTIFICATION PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Landauer, Inc. (the "Company")
on Form 10-Q for the period ended June 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Jonathon M. Singer, Chief Financial Officer of the Company, certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and
belief:

i.    The Report fully complies with the requirements of section 13(a) or
      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.

A signed original of this written statement required by Section 906 has
been provided to Landauer, Inc. and will be retained by Landauer, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.



                                    /s/ Jonathon M. Singer
                                    ------------------------------
                                    Jonathon M. Singer
                                    Chief Financial Officer



August 6, 2010
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 connection with the accompanying Annual Report of Dreams, Inc. (the Company) on Form 10-KSB for the year ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Ross Tannenbaum, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 fully presents, in all material respects, the financial condition and results of operations of the Company.



|    |  |                            
|--- |  | ---------------------------
|By: |  | /s/ Ross Tannenbaum        
|    |  | Ross Tannenbaum            
|    |  | Principal Executive Officer
|    |  | January 28, 2005