alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jeffrey Rosenblatt, Appellant, v Andrew M. Kahn, Respondent.

[666 NYS2d 666]

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 22, 1996, which granted the defendant’s motion for summary judgment dismissing the complaint and dismissed his cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff, an experienced softball player, was injured when, while playing first base in a league softball game, the defendant slid into him after hitting a ground ball to the shortstop. In his motion for summary judgment dismissing the complaint, the defendant argued that sliding into first base was a foreseeable event during a softball game and that the plaintiff had assumed the risk of the injury at issue. The plaintiff cross-moved for summary judgment arguing that the nature of the slide rendered it unforeseeable, and the risk of injury therefrom was not assumed. We now affirm the dismissal of the complaint.

The plaintiff, as a voluntary participant in the softball game at issue, assumed the risk that he might be injured by a sliding opposing player *(see, Morgan v State of New York,*90 NY2d 471; *Turcotte v Fell,*68 NY2d 432; *Maddox v City of New York,*66 NY2d 270; *Totino v Nassau County Council of Boy Scouts,*213 AD2d 710; *Hoffman v City of New York,*172 AD2d 716; *Robinson v Town of Babylon,*166 AD2d 434). Further, upon *439review of the record, including a videotape of the play in question, we find that the plaintiff has failed to raise a triable issue of fact that the nature of the slide otherwise rendered it actionable (see, *Turcotte v Fell, supra,*at 441 [“flagrant infractions unrelated to the normal method of playing the game and done without any competitive purpose” may be actionable]; *see, e.g., Nabozny v Barnhill,*31 Ill App 3d 212, 334 NE2d 258; *Hackbart v Cincinnati Bengals,*601 F2d 516, *cert denied*444 US 931). Indeed, sliding into first base is expressly permitted by the rules of play. Bracken, J. P., O’Brien, Thompson and Altman, JJ., concur.
<PAGE>
                                                               EXHIBIT 23



                      CONSENT OF INDEPENDENT AUDITORS


To Board of Directors
Strouds, Inc.:

We consent to incorporation by reference in the Registration Statements on
Form S-8 (No. 33-87608 and No. 33-87610) of our report dated April 9, 1997,
except for the last paragraph of note 6, which is as of May 29, 1997, relating
to the balance sheets of Strouds, Inc. as of March 1, 1997 and March 2, 1996
and the related statements of operations, stockholders' equity, and cash flows
for each of the years in the three-year period ended March 1, 1997, which
report appears in the March 1, 1997 Annual Report on Form 10-K of Strouds,
Inc.



/s/  KPMG Peat Marwick LLP
--------------------------
Los Angeles, California
May 29, 1997
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0703 STATE OF MONTANA,

Plaintiff and Appellee, v. KEITH POPE,

Defendant and Appellant .

**O RDER**  Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including July 26 , 2023 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

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

June 20 2023

06/20/2023

Case Number: DA 22-0703
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RUBEN ADOLFO CERON, AKA

Ruben Ceron-Casco,

 Petitioner,

 v.

ERIC H. HOLDER JR., Attorney

General,

 Respondent.

No. 08-70836

Agency No. A073-969-493

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as

precedent by or to any court of the Ninth Circuit.

FILED

SEP 19 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FORM 10-Q FOR THE PERIOD ENDED SEPTEMBER 30, 1996, AND IS QUALIFIED 
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001016277
<NAME> NATIONAL PROCESSING, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
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<CASH>                                         108,886
<SECURITIES>                                    37,900
<RECEIVABLES>                                   79,084
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<CURRENT-LIABILITIES>                           96,663
<BONDS>                                              0
<COMMON>                                             1
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<PREFERRED>                                          0
<OTHER-SE>                                     306,086
<TOTAL-LIABILITY-AND-EQUITY>                   405,312
<SALES>                                              0
<TOTAL-REVENUES>                               272,773
<CGS>                                                0
<TOTAL-COSTS>                                  192,614
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 36,044
<INCOME-TAX>                                    15,229
<INCOME-CONTINUING>                             20,815
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,815
<EPS-PRIMARY>                                      .47
<EPS-DILUTED>                                        0
        

</TABLE>
[LETTERHEAD]


March 18, 1998



Mr. Alan Jacobs
6840 Lions Head Lane
Boca Raton, Florida 33496

Dear Alan:

This is to confirm that effective January 1, 1998, you have been engaged as
Senior Advisor to First American Railways, Inc, to provide financial and
business consulting services and to be compensated at the rate of twenty-five
($25,000) thousands per month, for an initiated period, commencing with the
month of January, 1998 and continuing through April, 1998; and to continue on a
month to month basis thereafter, subject to termination on thirty days' notice
by either you or First American Railways, Inc., to be given at, or any time
after April 1, 1998.

Very truly yours,
First American Railways, Inc.

By: /S/ ALLEN C. HARPER
-----------------------------
        Allen C. Harper
        CEO/Chairman

Accepted and agreed:

/S/ ALAN JACOBS               Date:  MARCH 18, 1998
---------------
    Alan Jacobs
Exhibit 32.2

                            CERTIFICATION OF PERIODIC REPORT
                     As adopted pursuant to Section 906 of
                         the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q for the third quarter ended
March 31, 2006 of Integrated BioPharma, Inc. (the "Company") as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Dina L.
Masi, the Senior Vice President and Chief Financial Officer of Integrated
BioPharma, Inc. certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.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 (15 U.S.C. 78m or
         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 Company.

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

A signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.


Date:    May 12, 2006                     By: /s/ Dina L. Masi
                                          --------------------
                                          Dina L. Masi,
                                          Title:  Senior Vice President &
                                          Chief Financial Officer
<PAGE>

                                                                    Exhibit 23.1

                              ACCOUNTANTS' CONSENT




The Board of Directors
Alderwoods Group, Inc.

We consent to the incorporation by reference in the Registration Statements No.
333-85466 and No. 333-85474 on Form S-8 and the Registration Statement No.
333-85316 on Form S-3, of Alderwoods Group, Inc., of our report dated February
27, 2004, with respect to the consolidated balance sheets of Alderwoods Group,
Inc. as at January 3, 2004, and December 28, 2002, and the related consolidated
statements of operations, stockholders' equity and cash flows for the
fifty-three weeks ended January 3, 2004 and the fifty-two weeks ended December
28, 2002, and the related financial statement schedule, which report appears in
the January 3, 2004, annual report on form 10-K of Alderwoods Group, Inc.


KPMG LLP (Signed)


Vancouver, Canada
March 16, 2004
**EXHIBIT 32.1**

**Certification PursuantTo 18 U.S.C. Section 1350**

In connection with theAnnual Report of Polymer Group, Inc. (the “Company”) on Form 10-K/AAmendment No. 1 for the fiscal year ended December 30, 2006 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, William B. Hewitt, Interim Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1)           The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

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

| Date: March 29, 2007 | /s/ William  B. Hewitt                             |
|---------------------------|----------------------------------------------------|
|                      | William B. Hewitt*Interim Chief Executive Officer* |

 

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.

----
**EXHIBIT 31.1**

 

I, Nicholas J. Benson, President and Chief Executive Officer, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Sunterra Corporation; 

 

2. Based on my knowledge, this quarterly report does notcontain 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 thisquarterly report; 

 

3. Based on my knowledge,the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periodspresented in this quarterly report; 

 

4. Theregistrant’s other certifying officers 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 we have: 

 

a. designed such disclosure controls and procedures, orcaused 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 quarterly report is being prepared; 

 

b. evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusionabout 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 theregistrant’s most recent fiscal quarter 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 officers and Ihave disclosed, based on our most recent evaluation of internal control of financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors: 

 

a. all significant deficiencies and material weaknesses inthe design or operation of internal control of 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 involvesmanagement or other employees who have a significant role in the registrant’s internal controls over financial reporting.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6743

HERMAN L. MOODY,

Plaintiff - Appellant,

versus

T. W. MCCROWSKEY; J. MINTON,

Defendants - Appellees,

and

R. A. YOUNG; GEORGE DEEDS; D. A. BRAXTON; R.

MATHENA, Captain; M. SPRADLING; J. SALYERS; L.

MULLINS; L. SHELTON; F. TAYLOR; M. E.

QUINONES; Doctor; MS. GILBERT; G. SHINAULT,

Defendants.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Magistrate Judge.

(CA-97-211-R)

Submitted: February 16, 1999 Decided: March 10, 1999

Before WILKINS and WILLIAMS, Circuit Judges, and HALL, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.
* The parties consented to jurisdiction of the magistrate

judge under 28 U.S.C.A. § 636(c) (West 1994 & Supp. 1998).

2

Herman L. Moody, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Herman L. Moody appeals the magistrate judge’s* orders denying

relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed

the record and the magistrate judge’s opinions and orders and find

no reversible error. Accordingly, we affirm on the reasoning of

the magistrate judge. See Moody v. McCrowskey, No. CA-97-211-R

(W.D. Va. Nov. 3 & Dec. 19, 1997; Mar. 26 & May 4, 1998). 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.

AFFIRMED
----

**Exhibit 13.2**

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 20-F ofMetallica Resources Inc. for the year ended December 31, 2005, as filed with theSecurities and Exchange Commission on the date hereof, I hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that: 

1. The annual report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended; and 

2. The information contained in the annual report fairly presents, in allmaterial respects, the financial condition and results of operations of theregistrant. 

Date: March 31, 2006 

/s/ Bradley J. Blacketor                   Bradley J. Blacketor Vice President, Chief Financial Officer and Secretary 

A signed original of this written statement required bySection 906, or other document authenticating, acknowledging, or otherwiseadopting the signature that appears in typed form within the electronic versionof this written statement required by Section 906, has been provided to theregistrant and will be retained by the registrant and furnished to theSecurities and Exchange Commission or its staff upon request. 

----
# Fourth Court of Appeals
San Antonio, Texas

September 15, 2017

No. 04

- 16

- 00808

- CV

PERIDOT JOINT VENTURE , Millennium Exploration Company, LLC and Richard Monroy

, Appellant s

v.

RPH CAPITAL PARTNERS, L.P.,

Appellee

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2015

- CI

- 17142 Honorable Antonia Arteaga, Judge Presiding



### O R D E R

On June 23, 2016, appellee filed an “Opposed Motion to Dismiss Restricted Appeal as Moot, or in the Alternative, Unopposed Motion to Abate Restricted Appeal.” In the motion, appellee advises this court that “[t]he fundamental issue at the heart of the Restricted Appeal and Mandamus Proceeding is whether the Trial C ourt’s December 2015 Default Judgment is valid and enforceable,” and it “intends to file a Petition for Writ of Mandamus i n the Texas Supreme Court,” which may potentially restore the December 2015 default judgment . We further note that on August 25, 2017, a petition for writ of mandamus has been filed in the Texas Supreme Court.

Based on the foregoing, we GRANT the agre ed motion to abate and ORDER this appeal ab a ted pending final resolution of any action relating to Cause No. 04

- 16

- 00424

- CV, In re RPH Capital Partners, LP , including appellant’s filing of a petition for writ of mandamus. We further ORDER the parties to notify this court when the resolution of the pending petition is finally resolved.

All other deadlines are suspended pending further order of this court.

_________________________________ Marialyn Barnard, JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 15th day of September, 2017

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
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<FN>
<F1>
Fully diluted EPS not computed on loss
</FN>



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