alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ira Cliff Schulman et al., Appellants, v Greenwich Associates, LLC, et al., Respondents. (And a Third-Party Action.)

[859 NYS2d 42]

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 24, 2007, which, to the extent appealed from, granted the motion to dismiss the complaint as against defendant Wallach and denied plaintiffs’ cross motion to amend the complaint, unanimously affirmed, without costs.

Plaintiffs failed to plead fraud with the requisite specificity (CPLR 3016 [b]), and their proposed amended complaint fails to cure this deficiency. The causes of action for fraud and fraud in the inducement merely allege that defendants did not intend to properly perform the construction contemplated in the contract. This is insufficient. “While a party who is fraudulently induced to enter into a contract may join a cause of action for fraud with one for breach of the same contract, it may do so only if the misrepresentations alleged consist of more than mere promissory statements about what is to be done in the future,” and the alleged misrepresentations “must be misstatements of material fact or promises made with a present, but undisclosed intent not to perform them” *(Eastman Kodak Co. v Roopak Enters.,*202 AD2d 220, 222 [1994]). Plaintiffs have failed to allege what misrepresentations, if any, were made by the individual defendant, and have not asserted any allegations that would warrant imposing individual liability upon him. Concur— Andrias, J.P, Gonzalez, Moskowitz and DeGrasse, JJ.
Exhibit 32.1**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**     In connection with the Quarterly Report of Wilsons The Leather Experts Inc. (the “Company”) onForm 10-Q for the fiscal quarter ended October 29, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Michael M. Searles, Chairman and Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, adopted pursuant to Section906 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 SecuritiesExchange Act of 1934, as amended; and     2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.     /s/ MICHAEL M. SEARLES  **Michael M. Searles,**  **Chairman and Chief Executive Officer**Date: December 8, 2005
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                                           <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              Jul-31-1996
<PERIOD-END>                                   Jul-31-1996                 
<CASH>                                         1,301,000
<SECURITIES>                                   3,877,000
<RECEIVABLES>                                  1,207,000
<ALLOWANCES>                                   0
<INVENTORY>                                    7,844,000
<CURRENT-ASSETS>                               2,827,000
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 23,406,000
<CURRENT-LIABILITIES>                          2,566,000
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       20,383,000
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   23,406,000
<SALES>                                        0
<TOTAL-REVENUES>                               28,230,000
<CGS>                                          17,902,000
<TOTAL-COSTS>                                  26,048,000
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                2,382,000
<INCOME-TAX>                                   908,000
<INCOME-CONTINUING>                            1,384,000
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,384,000
<EPS-PRIMARY>                                  0.19
<EPS-DILUTED>                                  0.18
          

</TABLE>
#### Jean Felix et al., Respondents, v Germain Wildred, Appellant.

[863 NYS2d 832]

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), dated February 8, 2008, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff Jean Felix did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

Contrary to the Supreme Court’s determination, the defendant met his prima facie burden by showing that the plaintiff Jean Felix (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]), which occurred on January 14, 2006. The affirmed medical report of the defendant’s examining neurologist clearly showed that the injured plaintiff, when examined, had normal memory for recent and past events, was able to calculate, and showed no deficits in cognitive function.

*892In opposition, the plaintiffs failed to raise a triable issue of fact. Although the injured plaintiff’s treating neurologist reported that an examination on September 20, 2006 revealed that the injured plaintiff sustained a memory loss, the neurologist failed to reconcile this finding with his findings of normal concentration, attention, and memory going back eight months preceding that examination, made in connection with three postaccident examinations of the injured plaintiff on January 23, 2006, February 24, 2006, and March 24, 2006, respectively *(see Magarin v Kropf,*24 AD3d 733 [2005]; *Powell v Hurdle,*214 AD2d 720 [1995]). Since the injured plaintiff did not allege in his bill of particulars that he injured his spine, any claims concerning his spine were not considered by this Court, and should not have been considered by the Supreme Court (see *Ifrach v Neiman,*306 AD2d 380 [2003]). Fisher, J.E, Lifson, Covello, Balkin and Belen, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
GOLDEN BEAR GOLF, INC.'S FORM 10-Q FOR THE QUARTERLY PERIOD ENDED
SEPTEMBER 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,606,416
<SECURITIES>                                         0
<RECEIVABLES>                                9,108,215
<ALLOWANCES>                                   436,743
<INVENTORY>                                  2,728,710
<CURRENT-ASSETS>                            20,958,829
<PP&E>                                      31,567,483
<DEPRECIATION>                               3,055,233
<TOTAL-ASSETS>                              58,139,398
<CURRENT-LIABILITIES>                        9,146,196
<BONDS>                                     11,969,020
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        55,050
<OTHER-SE>                                  36,969,132
<TOTAL-LIABILITY-AND-EQUITY>                58,139,398
<SALES>                                     23,922,613
<TOTAL-REVENUES>                            46,771,333
<CGS>                                       20,573,791
<TOTAL-COSTS>                               42,703,615
<OTHER-EXPENSES>                             5,292,775
<LOSS-PROVISION>                               138,100
<INTEREST-EXPENSE>                             711,100
<INCOME-PRETAX>                            (1,872,279)
<INCOME-TAX>                                 (636,364)
<INCOME-CONTINUING>                        (1,235,915)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,235,915)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
**Exhibit 32.2**

 

CERTIFICATION OF THE CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of SRS Labs, Inc.(the “Company”) on Form 10-Q for the quarter ended September 30, 2009as filed with the Securities and Exchange Commission on the date hereof (the “Report”),Ulrich Gottschling, Chief Financial Officer of the Company, hereby certifies,pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to his knowledge:

 

1.                                       The Reportfully 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.

 
| Date:  November 2, 2009 |                    |                   |
|------------------------------|-------------------------|------------------------|
|                         | By:                     | /s/ Ulrich Gottschling |
|                         | Ulrich Gottschling      |
|                         | Chief Financial Officer |

 

----
## ELECTRONIC RECORD COA# 05-13-00127-CR OFFENSE: 25.02 Lewis Michael Wall v. The State of 

## STYLE: Texas COUNTY: Collin 

# IZZI-/V

COA DISPOSITION: AFFIRM TRIALCOURT: 219th Judicial District Court 

### DATE: 8/11/2014 Publish: NO TC CASE #: 219-80388-2011



## IN THE COURTOF CRIMINALAPPEALS Lewis Michael Wall v. The State of STYLE: Texas 

# APPELLj\MT^ Petition 

# CCA, f****/tf CCA Disposition: FORDISCRETIONARYREVIEW IN CCA IS: DATE: 

# ftfu^ec/ JUDGE: 

# DATE: y&y> /A/ 2^/iT JUDGE: /^ SIGNED: PC: PUBLISH: DNP:
MOTION FOR REHEARING IN CCA IS: JUDGE: 

### ELECTRONIC RECORD
Exhibit 31.1

I, Kenneth T. Myers, certify that:

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave,
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 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 the registrants board of directors (or persons performing the equivalent function):

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls 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 controls over financial reporting.

Date: August 11, 2006



By:

/s/ KENNETH T. MYERSKenneth T. MyersPresident and Chief Executive Officer (Principal
Executive Officer)
<TABLE> <S> <C>

<ARTICLE>               5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Company's  Form 10-K for the year ended  September  30, 1999 and is qualified in
its entirety by reference to such Financial Statements and Notes, thereto.
</LEGEND>

<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                                             SEP-30-1999
<PERIOD-START>                                                OCT-01-1998
<PERIOD-END>                                                  SEP-30-1999
<CASH>                                                            580,000
<SECURITIES>                                                    1,535,000
<RECEIVABLES>                                                  11,696,000
<ALLOWANCES>                                                      280,000
<INVENTORY>                                                             0
<CURRENT-ASSETS>                                               13,236,000
<PP&E>                                                          2,263,000
<DEPRECIATION>                                                    545,000
<TOTAL-ASSETS>                                                 18,348,000
<CURRENT-LIABILITIES>                                           9,106,000
<BONDS>                                                                 0
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                            5,000
<OTHER-SE>                                                      7,849,000
<TOTAL-LIABILITY-AND-EQUITY>                                   18,348,000
<SALES>                                                        56,329,000
<TOTAL-REVENUES>                                               56,329,000
<CGS>                                                          44,139,000
<TOTAL-COSTS>                                                  52,570,000
<OTHER-EXPENSES>                                                        0
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                269,000
<INCOME-PRETAX>                                                 3,603,000
<INCOME-TAX>                                                    1,604,000
<INCOME-CONTINUING>                                             3,759,000
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                    1,999,000
<EPS-BASIC>                                                         .44
<EPS-DILUTED>                                                         .41


</TABLE>
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 10, 2019

NO. 03

- 19

- 00418

- CV

Touch Tell, Inc., Appellant

v.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney General of the State o f Texas, Appellee s

APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES TRIANA AND SMITH
DISMISSED ON APPELLANT’S MOTION

-- OPINION BY CHIEF JUSTICE ROSE

T his is an appeal from the judgment signed by the tr i a l court on May 21 , 2019. Appellant

Touch Tell , Inc. f iled a n unopposed motion to dismiss the appeal, and having considered the

m otion, the Court agrees that the motion should be granted. Therefore, the Court grants the

motion and dismisses the appeal

. A ppellant shall pay all costs relating to this appeal, both in this

Court and in the court below.
THE DIAL CORPORATION
                 EXHIBIT 11-COMPUTATION OF EARNINGS PER SHARE*
                     (000 omitted, except per share data)
<TABLE>

<CAPTION>
<S>                                                        <C> 
                                                           March, 29
                                                              1997
                                                           ----------
                                                            
PRIMARY:
    Income before cumulative effect of accounting changes  $   18,323
    Cumulative effect of accounting changes
                                                           ----------
    Net Income                                             $   18,323
                                                           ----------

Weighted average shares outstanding                            91,943

Primary earnings per share:
    Income before cumulative effect of accounting change   $     0.20
    Cumulative effect of accounting changes
                                                           ----------
    Net Income per share                                   $     0.20
                                                           ----------

FULLY DILUTED:
    Income before cumulative effect of accounting changes  $   18,323
    Cumulative effect of accounting changes
                                                           ----------
    Net Income                                             $   18,323
                                                           ----------

Weighted average shares outstanding                            91,943
    Incremental shares under stock option plans                   557
                                                           ----------
    Adjusted weighted average shares outstanding               92,500
                                                           ----------

Fully diluted earnings per share:
    Income before cumulative effect of accounting changes  $     0.20
    Cumulative effect of accounting changes
                                                           ----------
    Net Income per share                                   $     0.20
                                                           ----------
</TABLE>



*Per  share  information  is  not  presented  for  March 30, 1996  because the
Company was not a publicly held company during such period.  Income (loss) per
share  is  presented  for  1997, as the Company's common shares were issued on
August  15, 1996.
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       8,536,263
<INT-BEARING-DEPOSITS>                         180,849
<FED-FUNDS-SOLD>                             8,100,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 22,672,852
<INVESTMENTS-CARRYING>                         878,500
<INVESTMENTS-MARKET>                           878,500
<LOANS>                                    121,584,361
<ALLOWANCE>                                  1,756,000
<TOTAL-ASSETS>                             163,464,787
<DEPOSITS>                                 122,353,916
<SHORT-TERM>                                 7,636,484
<LIABILITIES-OTHER>                            436,283
<LONG-TERM>                                 15,070,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,751
<OTHER-SE>                                  17,951,353
<TOTAL-LIABILITIES-AND-EQUITY>             163,464,787
<INTEREST-LOAN>                              6,538,079
<INTEREST-INVEST>                            1,236,196
<INTEREST-OTHER>                               156,423
<INTEREST-TOTAL>                             7,930,698
<INTEREST-DEPOSIT>                           3,696,077
<INTEREST-EXPENSE>                           4,456,057
<INTEREST-INCOME-NET>                        3,474,641
<LOAN-LOSSES>                                  486,000
<SECURITIES-GAINS>                            (19,916)
<EXPENSE-OTHER>                              2,363,074
<INCOME-PRETAX>                                751,311
<INCOME-PRE-EXTRAORDINARY>                     738,863
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   738,863
<EPS-BASIC>                                        .44
<EPS-DILUTED>                                      .44
<YIELD-ACTUAL>                                    3.50
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,270,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                            1,756,000
<ALLOWANCE-DOMESTIC>                         1,508,848
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        247,152


</TABLE>