alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dawn Oduor, Respondent, v Robert Huggins et al., Appellants, and Tradore Mamadou, Respondent.

[822 NYS2d 282]

Order, Supreme Court, New York County (Judith J. Gische, J.), entered February 27, 2006, which denied the motion of the Huggins defendants for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion for summary judgment was properly denied. The conflicting testimony respecting the manner in which the alleged accident occurred does not permit the conclusion, at this stage of the litigation, that Doris Huggins, the driver of the vehicle in which plaintiff was a passenger at the time of the accident, bore no responsibility for the accident. Nor does the record at this procedural juncture permit the conclusion that defendant Mamadou was, as the Hugginses contend, wholly responsible for the accident. Indeed, on this record, there is a triable factual issue as to whether Mamadou’s vehicle was involved in the accident. Concur—Buckley, PJ., Mazzarelli, Williams, Gonzalez and Sweeny, JJ.
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.                  

###### Small Business Administration

                    The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 3.5 (3                    1/2                    ) percent for the July-September quarter of FY 2009.                

Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for any third party lender's commercial loan which funds any portion of the cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New York Prime rate or, if that exceeds the maximum interest rate permitted by the constitution or laws of a given State, the maximum interest rate will be the rate permitted by the constitution or laws of the given State.

Richard C. Blewett,

Acting Director, Office of Financial Assistance. 

[FR Doc. E9-15911 Filed 7-2-09; 8:45 am]

BILLING CODE 8025-01-P
CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER OF


FRANKLIN
TOWERS ENTERPRISES, INC.


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


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




Pursuant
to 18 U.S.C. § 1350, as adopted pursuant to Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned hereby certifies that
the Quarterly Report on Form 10-Q for the quarter ended September 30, 2010
of Franklin Towers Enterprises Inc. (the “Company”) fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934 and that the information contained in such Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.





(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/
      Dingliang Kuang


Dingliang
Kuang


Chief
Executive Officer


Chief
Financial Officer




November
18, 2010




A signed
original of this written statement required by Section 906 has been provided to
Franklin Towers Enterprises, Inc. and will be retained by Franklin Towers
Enterprises, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

F o r dc o n s e n te dto p r o c e e db e f o r e am a g is tr a te ju d g e . See 2 8 U . S. C. ** § 6 36 (c ).

** * T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T HA R OL D F OR D, P la in tif

f - A p p e lla n t, v. I D A H O S T A T E B A R ; e t a l., D efen d an t s - A p p el l ees. N o. 10- 35861 D. C . No . 1 : 0 9 - c v - 0 0 6 4 0 - MHW ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

I da ho M i ke l H . W i l l i a m s , M a gi s tr a t e Judge , P r e s i di ng ** S ubm i tt e d F e brua ry28, 2012 *** B efo re: L E A V Y , T H O M A S , an dC H R IS T E N , C i rcu i tJu d g es. H a r o ldF o r dap p e a ls p r o s e f r o m th e d is tr ic t c o u rt’s ju d g m e n t d is m is s in g h is 4 2 U . S. C. § 1 9 8 3 a c t i o n c h a l l e n g i n g I d a h o s t a t e b a rd e c i s i o n s r e s o l v i n g h i s c l a i ms 

# FI LED MA R 12 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 35861 2 a g a in s t af

o rm e ra tto rn e yf

o rm is c o n du c t a n dr e im b u r s e m e n t o f a tto rn e y ’s f

e e s . W e h a v e ju r is d ic tio n u n d e r2 8 U .S .C . § 1 2 9 1 . W e r e v ie w d e n o v o . N o e l v . H a ll , 34 1 F . 3d 11 48 , 11 54 (9th C i r. 20 03 ) (R ooke r - Fe ldm an d o c tr in e ) ; B arre n v. H arr i ngton , 152 F . 3d 1193, 1194 ( 9th C i r . 1998) ( or de r ) ( di s m i s s a l unde r28 U . S. C. § 1 9 1 5 ( e ) ( 2 ) ) . W e a f f i rm. T he di stri ctcourtprop er l y di sm i ss ed F ord’ s a ct i on as barr ed by the R o o kerFe ldm an do ctri ne because the ac t i on i s a“ forbi dd en de fac t o app ea l ” of s t at e bar d e c is io n s , a n dr a is e s c o n s titu tio n a l c la im s th a t a r e “in e x tr ic ab lyin te rtw in e d ” w ith th o se d eci si o n s. N

oel , 3 4 1 F .3 da t 1 1 5 8 ; B i anc hiv . R y laars dam , 334 F . 3d 895, 898 ( 9th C i r . 2003) ( c onc l udi ng tha tthe di s tr i c tc ourtl a c ke d j ur i s di c t i on w he r e the pl a i nt i f f “ e s s e nt i a l l ya s ke d the f e de r a l c ourtt o r e vi e w the s t a t e c ourt ’ s de ni a l i n a ju d ic ia l p r o c e e d in g , a n dto a f f o r dh im th e s a m e in d iv idu a l r e m e d yh e w a s d e n ie din st at e c ou rt ” ( i nt ernal ci t at i on and q uo t at i on m arks om i tt ed)) . F ord’ s r em ai ni ng cont ent i on s are un pers uasi ve. AF F I RME D.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7668 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MARCUS MANDEL ELLIS,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. Henry M. Herlong, Jr., District

Judge. (CR-00-107; CA-03-2954-06-20)

Submitted: February 19, 2004 Decided: February 26, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marcus Mandel Ellis, Appellant Pro Se. Elizabeth Jean Howard,

OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
PER CURIAM:

Marcus Ellis seeks to appeal the district court’s order

denying relief on his motion filed under 28 U.S.C. § 2255 (2000).

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). We have independently reviewed the

record and conclude that Ellis has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

DISMISSED
#### In the Matter of Joseph Fischer, Petitioner, v Appeals Board of New York State Department of Motor Vehicles, Respondent.

[852 NYS2d 787]

*644The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) is supported by substantial evidence and must be confirmed *(see 300 Gramatan Ave. Assoc. v State Div. of Human Rights,*45 NY2d 176, 179 [1978]; *Matter of Resciniti v Department of Motor Vehs. of State of N.Y.,*255 AD2d 589 [1998]; *Matter of Bailen v Commissioner of Motor Vehs.,*147 AD2d 560, 561 [1989]). The petitioner’s challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve *(see Matter of J. Bruno Sons, Inc. v Martinez,*15 AD3d 485, 486 [2005]; *Matter of Kahn v State of N.Y. Dept. of Motor Vehs.,*134 AD2d 594 [1987]).

The petitioner’s remaining contentions are either not properly before us or without merit. Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.
V

DANIEl, M. FURi:SZ

lion. Peter 0. Sheridan

ORI)ER

This matter comes before the Court on two letters submitted to the Court by Mr. Furcsz

pro se; and the Court having considered Mr. Furesz s letter, dated March 1, 2011, as a renewed

application lhr hail; and the Court having considered Mr. Furesz’s letter, dated March 4, 2011, as

a renewed application fbr hail and an application fhr “Right to a Fair and Speedy Trial”; and theCourt having considered Mr. Furesz’s submissions; and for the reasons set forth on the record onMarch 9. 2011; and for good cause shown;

IT IS on this 9th day of March 2011. ORDERED as follows:

1. Mr. Furcsz’s renewed applications for bail are denied.

2. The Court denies Mr. Furcsz’s application for “Right to a Fair and Speedy Trial” as

it is moot in light of his guilty plea.

/. ‘•••.‘?

PF’I’ER 0. SIIERIDAN, U.S.I).J.

March 9, 2011
CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350) Exhibit 32.1  In connection with the quarterly report of Cyclon Capital Corporation, a Delaware corporation (the Company), on Form 10-Q for the quarter ended July 31, 2008, as filed with the Securities and Exchange Commission (the Report), Mark Horrelt, Chief Executive Officer and Principal Financial Officer of the Company does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 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 result of operations of the Company.   By:         /s/ Mark Horrelt  Name:    Mark Horrelt Title:     Chief Executive Officer and Principal Financial Officer  Date:     September 17, 2008  [A signed original of this written statement required by Section 906 has been provided to Solanex Management Inc. and will be retained by Cyclon Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.]
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5196

 To designate the facility of the United States Postal Service located 
 at 115 South Swenson Street in Stamford, Texas, as the ``Gordon Wood 
                        Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2004

 Mr. Stenholm (for himself, Mr. Rodriguez, Mr. Frost, Mr. Lampson, Mr. 
Hall, Mr. Bell, Mr. Green of Texas, Mr. Turner of Texas, Mr. Gonzalez, 
 Ms. Jackson-Lee of Texas, Mr. Hinojosa, Mr. Doggett, Mr. Hensarling, 
  Mr. Brady of Texas, Mr. Thornberry, Mr. Ortiz, Mr. Neugebauer, Mr. 
 Edwards, Mr. Carter, Mr. Burgess, Ms. Eddie Bernice Johnson of Texas, 
  Mr. Reyes, Mr. Barton of Texas, Mr. Sandlin, and Mr. Sam Johnson of 
    Texas) introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 115 South Swenson Street in Stamford, Texas, as the ``Gordon Wood 
                        Post Office Building''.

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

SECTION 1. GORDON WOOD POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 115 South Swenson Street in Stamford, Texas, shall be known 
and designated as the ``Gordon Wood Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the Gordon Wood 
Post Office Building.
                                 <all>
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5309 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5309

 To extend the filing deadline for certain Medicare claims to account 
 for a delay in processing adjustments from secondary payor status to 
                         primary payor status.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

 Mr. Costello introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To extend the filing deadline for certain Medicare claims to account 
 for a delay in processing adjustments from secondary payor status to 
                         primary payor status.

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

SECTION 1. EXTENDING THE FILING DEADLINE FOR CERTAIN MEDICARE CLAIMS TO 
              ACCOUNT FOR A DELAY IN PROCESSING ADJUSTMENTS FROM 
              SECONDARY TO PRIMARY PAYOR STATUS.

    (a) Extension of Claims Filing Period.--Notwithstanding sections 
1814(a)(1) and 1835(a)(1) of the Social Security Act (42 U.S.C. 
1395f(a)(1), 1395n(a)(1)), claims described in subsection (b) may also 
be filed under parts A and B of title XVIII of the Social Security Act 
during the 1-year period beginning on the date of the enactment of this 
Act.
    (b) Claims Described.--For purposes of subsection (a), a claim 
described in this subsection is a claim for items and services that are 
furnished--
            (1) on or after January 1, 1987, and before August 10, 
        1993; and
            (2) to an individual during the period beginning on the 
        date the individual's status under section 1862(b)(2) of the 
        Social Security Act (42 U.S.C. 1395y(b)(2)) changes from having 
        a group health plan that is primary plan to no longer having 
        such a plan that is a primary plan and ending on the date of 
        completion of the change of status.
                                 <all>
```
##### 



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
  (1)
    
    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(2)
    
    The information contained in the Form
10-Q fairly presents, in all material
respects, the financial condition and
results of operations of the Company.
 /s/ Miguel B. FernandezMiguel B. FernandezAugust 14, 2007
    Chief Executive Officer
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of PRIMEDIA Inc. (the “Company”) on Form 10-Qfor the period ending March 31, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Beverly C. Chell,Vice Chairman and Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that to my knowledge:

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

(2)            The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| /s/ BEVERLY  C. CHELL                       |   |   |
|---------------------------------------------|--------|--------|
| Beverly C. Chell                            |   |   |
| *Vice Chairman and Chief Financial Officer* |   |   |
| May 10, 2006                           |   |   |

 

This certification accompanies each Report pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to theextent required by the Sarbanes-Oxley Act of 2002, be deemed filed by theCompany for purposes of Section 18 of the Securities Exchange Act of 1934,as amended.

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
I 

108TH CONGRESS 

2D SESSION H. R. 5271

To direct the Secretary of Defense to establish and award a decoration, 

to be known as the ‘‘Coalition of the Willing Medal’’, to members of 

the military services of nations participating with the United States 

in Operation Enduring Freedom and Operation Iraqi Freedom. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2004

Mr. SHIMKUS (for himself and Mr. LAMPSON) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL

To direct the Secretary of Defense to establish and award 

a decoration, to be known as the ‘‘Coalition of the Willing Medal’’, to members of the military services of nations participating with the United States in Operation 

Enduring Freedom and Operation Iraqi Freedom.

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

3 SECTION 1. COALITION OF THE WILLING MEDAL. 

4 (a) REQUIREMENT.—The Secretary of Defense shall 

5 establish and award a decoration to be known as the ‘‘Coa6 lition of the Willing Medal’’. The medal shall be awarded, 

7 under procedures and criteria to be prescribed by the Sec-
2

•HR 5271 IH 

1 retary, to members of the military services of nations par2 ticipating with the United States in Operation Enduring 

3 Freedom and Operation Iraqi Freedom, for those mem4 bers who participated in either of those operations. 

5 (b) ELIGIBILITY.—The Secretary shall establish the 

6 criteria for award of the Coalition of the Willing Medal 

7 to members of the military services of foreign nations to 

8 be as similar as practicable as the criteria for award of 

9 a United States campaign medal to members of the United 

10 States Armed Forces who participate in Operation Endur11 ing Freedom or Operation Iraqi Freedom. 

12 (c) APPLICATIONS; POSTHUMOUS AWARDS.—The 

13 Secretary shall establish procedures for the submission to 

14 the Secretary of applications for the Coalition of the Will15 ing Medal and shall provide for posthumous award of such 

16 medal to the personal representative of any person eligible 

17 for the medal who is deceased.

Æ
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 498 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 498

To amend the Internal Revenue Code of 1986 to allow employees of county 
   and local governments and of schools to maintain medical savings 
                               accounts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2003

Mr. Sensenbrenner introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to allow employees of county 
   and local governments and of schools to maintain medical savings 
                               accounts.

    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 ``Healthcare Empowerment for Local 
Personnel and Teachers Act of 2003'' or the ``HELP Teachers Act of 
2003''.

SEC. 2. COUNTY AND LOCAL GOVERNMENT EMPLOYEES PERMITTED TO MAINTAIN 
              MEDICAL SAVINGS ACCOUNTS.

    (a) In General.--Section 220 of the Internal Revenue Code of 1986 
is amended by striking ``small employer'' each place it appears (other 
than in subsection (c)(4)) and inserting ``eligible employer''.
    (b) Eligible Employer.--Subsection (c) of section 220 of such Code 
is amended by redesignating paragraphs (4) and (5) as paragraphs (5) 
and (6), respectively, and by inserting after paragraph (3) the 
following new paragraph:
            ``(4) Eligible employer.--The term `eligible employer' 
        means--
                    ``(A) any small employer,
                    ``(B) any employer who is a county or local 
                government, and
                    ``(C) any employer who is an educational 
                organization which is described in section 
                170(b)(1)(A)(ii) and which provides education in any of 
                grades K-12.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.
                                 <all>
```