alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES v. REESE et al.

Cr. A. No. 15861.

United States District Court E. D. Pennsylvania.

June 18, 1951.

See also, D.C., 96 F.Supp. 913.

*425W. A. Gay, Jr., Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Hymen Schwartz, Philadelphia, Pa., for defendant.

McGRANERY, District Judge.

Defendant, having pleaded not guilty to an indictment charging him with the use of the mails in furtherance of a scheme to defraud, now moves for an order upon the United States Attorney (1) to furnish him with a list of witnesses who appeared before the Grand Jury, (2) to permit him to inspect the minutes of the Grand Jury, (3) to permit him to inspect and make copies of a statement and of correspondence he gave to the postal inspector, and (4) moves* to dismiss the indictment on the ground that there was “apparently” no competent evidence before the Grand Jury to warrant the finding of a true bill of indictment. In support of the motions, affidavits of the defendant and of his attorney have been filed. The latter sets forth that registered letters, with return receipts requested, were sent to the ten alleged victims of the scheme, asking them to state whether they had appeared before the Grand Jury. All letters were delivered to the addressees and four answers were received to the effect that the writers had not appeared before the Grand Jury. Defendant’s own affidavit avers his innocence and sets forth that he made a statement to the postal inspector, which statement contained no admission of guilt. The attorney’s affidavit “deduces” that there was no competent evidence before the Grand Jury.

Without embarking upon an extended discussion of the law, I take it to be well settled that the court has the power, in its discretion, to compel disclosure of matters occurring before the Grand Jury. Rule 6(e), Federal Rules of Criminal Procedure, 18 U.S.C.A.; United States v. Alper, 2 Cir., 156 F.2d 222; United States v. Papaioanu, D.C., 10 F.R.D. 517. But there must be a showing by the defendant sufficient to support the conclusion that irregularities occurred in the proceedings that would vitiate the indictment. See Whitman, Federal Criminal Procedure (1950), Sec. 6.11, p. 50; United States v. Potts, D.C., 57 F.Supp. 204; United States v. Papaioanu, supra, and cases cited in note 4. I do not regard the “deduction” drawn by the affidavit of defendant’s attorney as a sufficient showing, despite the absence of a reply affidavit by the Government. Therefore, the motion to permit inspection of the Grand Jury’s minutes will be denied, as will the motion to dismiss the indictment.

 Neither is the defendant entitled as a matter of law to a list of the names of the witnesses who appeared before the Grand Jury. United States v. Potts, supra; United States v. Oley, D.C., 21 F.Supp. 281. *426However, inasmuch as the Government has made no particular objection to the motion to permit the defendant to inspect and make copies of his statement and correspondence, that motion will be granted.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002





I, Edward L. Machulak, Chairman, President, Treasurer, Chief Executive,

Operating and Financial Officer of Commerce Group Corp., (the "Company"),

hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant

to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.   the annual report on Form 10-K of the Company for the fiscal year

ended March 31, 2007, filed on the date hereof with the Securities

and Exchange Commission (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.



Date:  June 27, 2007                    /s/ Edward L. Machulak

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

Edward L. Machulak

Chairman, President, Treasurer,

Chief Executive, Operating and

Financial Officer
#### ELLNER et al. v. DRAPER et al.

Civil 11452.

United States District Court E. D. New York.

May 24, 1951.

Charles. H. Ellner, Jamaica, N. Y., for plaintiffs.

Richard R. Bongartz, New York City (William A. Colton, New York City, of counsel), for defendants.

BYERS, District Judge.

This is a defendant’s motion to require plaintiffs to make discovery and permit inspection and copying of their decedent’s state and federal income tax returns for 1947, 1948, 1949 and 1950. The moving affidavit asserts that “defendant is entitled” to this discovery and inspection, but no reason is stated.

This is a death action in which- the decedent was killed while a passenger on the Long Island Railroad, and -it is to be anticipated that liability will be conceded as in many -other cases in this Court arising from the Rockville Center collision on November 22, 1950, which was the one here involved.

One element of -damage will be the earning capacity of the decedent. That is quite unrelated to income of any other nature, as for instance from investments.

The plaintiffs have furnished employer’s withholding certificates showing decedent’s wages and the amount withheld for taxes in connection therewith, for the years 1949 and 1950. Why the defendant is entitled to more information on that subject is not presently understood, nor does the affidavit in reply contain the statement of any adequate reason in that behalf.

The Ring case (Civil Action 10782 in this Court) 1 has been consulted, and since it involved earnings in an occupation other than that for which a salary was paid to decedent, recourse to income tax returns seems to have been the only method to establish his earnings, since his widow stated on examination that she lacked information on the subject. Nor are the other citations seen to be in point.

In the absence of any such showing here as in the Ring case, supra, and in the exercise of the discretion contemplated by Rule 30(b), Fed.Rules Civ.Proc., 28 U.S.C. A., the motion is denied.

Settle order.

1

. No opinion for publication.
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<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
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<SECURITIES>                                         0
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<INTEREST-EXPENSE>                             126,477
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<INCOME-TAX>                                         0
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<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                 (141,674)
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT DHAR M ESH B ALUB HAI PATEL, Pe titione r, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 12-72230 Age n c y No. A072-176-625 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

Nove m b e r 19, 2013 ** B e fore : C ANB Y, TR OTT, a nd THOM AS, C irc uit Judge s. Dha rm e sh B a lubha i Pate l, a

native and c i tiz e n of India , pe titions for re vie w of the B o ard of Im

m igration Appe a ls’ orde r a ffirm ing thede c i sion of a n im m igration judge(“ IJ” ) de ny ing Pa te l’ s m otion to c ontinuehis re m o va l proc e e dings. Our jurisdict ion is governe d by 8 U.S.C . § 1252. W e re vie wfor



# FIL ED D EC 05 2013 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).a

buse o f disc re tion the a ge nc y ’ s de nia l of a m otion to c ontinue , Sandov al-Luna v . Muk ase y , 526 F.3d 1243, 1246 (9th C ir. 2008) (pe r c uriam ), and re vie w de novo whe the r the a ge n c y

a p plie d a c orre c t le ga l sta

nda rd, F lore z-de Solis v . IN

S , 796 F.2d 330, 333 (9th C ir. 1986). W e de ny in pa rt a nd dismiss in pa

rt the pe tition for re vie w. The a ge n c y

did not a b u se its disc re tion by

de ny ing Pa

te l’ s m otion to c ontinuein orde r to wa it for a n e m ploy m e nt -ba se d

im m igra nt visa to be c om e ava ila ble to him , whe re he fa ile d to de m onstra t e good c a

use for a c ontinua nc e . Se e Sandov al-Luna , 526 F.3d a t 1247 (re je c ting a n a buse -of-disc re tion c h a lle nge to a n IJ’ s re fusa l to c ontinuere m ova l proc e e dings whe re “ n o re l ie f wa s the n im m e diate ly ava ila ble ” ). The a ge n c y

a l so a pplie d the c orre c t le ga l c rite ria and provide d a

re a sone d e xpla nation for its de c ision de ny ing Pa t e l’ s m otion to c o ntinue , whe re the a g e nc y invoke d the a

pplic a ble “ good c a

use ” le g a l sta

nda rd and c ite d pe rtine nt le ga l a uthoritie s. Se e Me nde

z-C a stro v . Muk

ase y , 552 F.3d 975, 980 (9th C i r. 2009) (c onc l uding tha

t “ the IJ a pplie d the c orre c t le ga l sta nda rd” whe re “ the IJ e xpre ssly c ite d a n d a pplie d [re le va

nt c a se la w ] in re n de ring its de c ision, whic h is a ll our re vie w re quire s” ).

1 2 - 7 2 2 3 0 2W e la c k jurisdic tion to c onside r Pa te l’ s une xha uste d c onte ntion tha

t the IJ fa ile d to re dre ss the ha

rm from the a g e nc y ’ s e arlie r finding of frivolousne ss in his a sy lum a pplic ation. Se e Tijani v . Holde r , 628 F.3d 1071, 1080 (9th C ir. 2010). PE T IT IO N FO R RE V IE WDE NIE D in par t; DISM ISSE D in par t.

1 2 - 7 2 2 3 0 3
Exhibit
23.1





CONSENT
OF MOORE STEPHENS, P.C.





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








We consent to the incorporation by
reference in the Registration Statement of Dialysis Corporation of America on
Form S-8, Registration No. 333-122455, pertaining to certain stock options under
the 1999 Stock Incentive Plan of Dialysis Corporation of America, of our report
dated March 13, 2008, relating to the consolidated financial statements and
financial schedule of Dialysis Corporation of America included in the Annual
Report on Form 10-K, for the year ended December 31, 2007.








MOORE
      STEPHENS, P.C.Certified
      Public Accountants





March 14,
2008


Cranford,
New Jersey
****EXHIBIT 32****

CERTIFICATION REQUIRED UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the filing of the financial statements of Ophthalmic Imaging Systems ("Registrant") for the quarter ended September 30, 2009 (the "Report"), each of the undersigned hereby certifies, to such officer's knowledge, that:

 

| 1. | The Report 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 Report fairly presents, in all material respects, the financial condition and results of operations of Registrant. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date: November 16, 2009 |
|-------------------------|

 

|   | /s/ Gil Allon                                                                  |
|--------|--------------------------------------------------------------------------------|
|   | Gil Allon,

Chief Executive Officer

(Principal Executive Officer)             |
|   |                                                                           |
|   |                                                                           |
|   | /s/ Ariel Shenhar                                                              |
|   | Ariel Shenhar,

Chief Financial Officer

(Principal Financial Officer)

  |

                

 

 

 

32
Exhibit 10.15

AMENDMENT NO. 5
TO
REINSURANCE AND POOLING AGREEMENT

WHEREAS,Zenith Insurance Company("Zenith"), ZNAT Insurance
Company("ZNAT"), andZenith Star Insurance
Company("Zenith Star"), have previously entered into aReinsurance and Pooling
Agreementeffective October 1, 1993; as amended, and

WHEREAS,Zenith Star Insurance Companyis not licensed to transact business in the State of California (the domicile of ZenithandZNAT)
;

NOW
THEREFORE IN CONSIDERATION of the premises,Zenith, ZNAT, andZenith Staragree as
follows:





Any costs associated with the aforementioned provision of security shall be shared by the parties hereto according to their respective percentages, as shown in
Article V hereof."

---

IN
WITNESS WHEREOF, each of the undersigned parties has caused thisAmendment No. 5to theReinsurance and
Pooling Agreementto be executed on its behalf, on this 8th day of July, 2003.

|                          |  |                               |  |                         
|------------------------- |  | ----------------------------- |  | ------------------------
|                          |  | ZENITH INSURANCE COMPANY     
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President
|                          |  | ZNAT INSURANCE COMPANY       
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President
|                          |  | ZENITH STAR INSURANCE COMPANY
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President

2

---

QuickLinks
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<ARTICLE> BD
<LEGEND>
This schedule contains summary financial information extracted from
The Ziegler Companies, Inc. and subsidiaries financial statements and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       4,226,163
<RECEIVABLES>                                7,270,283
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<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,544,030
<OTHER-SE>                                  48,697,969
<TOTAL-LIABILITY-AND-EQUITY>               126,429,316
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<FN>
<F1>Short-term investments includes some securities purchased under resale
agreements.
<F2>Financial instruments includes securities inventory, investment in leases,
notes receivable, and investment in and receivables from affiliates.
<F3>Includes short-term notes payable and unsecured notes payable to banks
under line of credit agreements.
<F4>Includes payable to customers, payable to broker-dealers, accounts payable,
and dividends payable.
<F5>Includes bonds payable and notes payable to banks other than line of
credit borrowings.
<F6>Revenue from investment banking activities also includes revenue from
trading activities and commissions.
<F7>Includes only income from continuing operations.
<F8>Income from continuing and discontinued operations.
</FN>
        

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<MULTIPLIER> 1,000
       
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<PERIOD-START>                             JAN-01-1996
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Exhibit 31.2

Certification Pursuant to
Rule 13a-14(a) or 15d-14(a),
as Adopted Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002

I, Allen L. Leverett, certify that:

1.   I have reviewed this annual report on Form 10-K of Wisconsin Gas Company;

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(s) 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 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(s) 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.

Date:        March 30, 2004

/s/  ALLEN L. LEVERETT                Allen L. Leverett
                Chief Financial Officer