alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gina M. Tran et al., Individually and as Adminstrators of the Estate of Anne O. Tran, Deceased, Respondents, v Shelly L. Nowak et al., Appellants.

[666 NYS2d 84]

—Order unanimously reversed on the law without costs, motion granted, and complaint and cross claims against defendants Min Xu and Genchuan Xu dismissed. Memorandum: These actions stem from a motor vehicle accident on June 7, 1995 in the Town of Cheektowaga. At the time of the accident, defendant Min Xu was operating an automobile owned by her father, defendant Genchuan Xu. It is uncontroverted that Min Xu was driving at a legal rate of speed in the proper lane of travel when an automobile operated by defendant Shelly L. Nowak approached from the opposite direction, crossed a double yellow line and struck Min Xu’s automobile, causing the death of Anne Oanh Tran, a passenger in Min Xu’s automobile. Nowak was convicted of crossing a solid yellow line of traffic in violation of Vehicle and Traffic Law § 1126 (a). The representatives of Tran’s estate commenced this action against Min Xu, Genchuan Xu, Nowak and other defendants.

Supreme Court erred in denying the motion of Min Xu and Genchuan Xu (defendants) for summary judgment dismissing the complaint and cross claims against them. Once defendants established that the head-on collision was caused by Nowak’s *1084crossing over into Min Xu’s lane of travel, defendants “established ‘a complete defense to [the] action’ ” *(Gouchie v Gill,*198 AD2d 862). In opposition to the motion for summary judgment, neither plaintiffs nor the other defendants raised an issue of fact regarding the negligence of Min Xu but, rather, merely speculated that she might have done something to avoid the accident. Such speculation is insufficient to defeat a motion for summary judgment *(see, Davis v Pimm,*228 AD2d 885, 887-888, l*v denied*88 NY2d 815; *Kozak v Hyjek,*221 AD2d 999; *Gouchie v Gill, supra,*at 863). In light of our determination, we do not consider defendants’ remaining contention. (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wisner, Balio and Boehm, JJ.
FILED

September 2, 1997

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

JUNE 1997 SESSION

STATE OF TENNESSEE, )

)

 APPELLEE, )

) No. 01-C-01-9608-CR-00338

)

) Sumner County

v. )

) Jane F. Wheatcraft, Judge

)

) (Revocation of Community Corrections

) Sentence)

GEORGE LORENZO CARTWRIGHT, )

)

APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE:

Pamela E. Beck John Knox Walkup

Assistant Public Defender Attorney General & Reporter

117 East Main Street, Suite 2C 500 Charlotte Avenue

Gallatin, TN 37066 Nashville, TN 37243-0497

(Appeal Only)

Sarah M. Branch

Nancy B. Meyers Assistant Attorney General

Assistant Public Defender 450 James Robertson Parkway

117 East Main Street, Suite 2C Nashville, TN 37243-0493

Gallatin, TN 37066

(Trial Only) Lawrence Ray Whitley

District Attorney General

OF COUNSEL: 113 Main Street

Gallatin, TN 37066-2803

David A. Doyle

District Public Defender Dee D. Gay

117 East Main Street, Suite 2C Assistant District Attorney General

Gallatin, TN 37066 113 Main Street

Gallatin, TN 37066-2803

OPINION FILED:________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge
O P I N I O N

The appellant, George Lorenzo Cartwright (defendant), appeals as of right from a

judgment of the trial court revoking his community corrections sentence and reinstating the

sentence previously imposed by the court. The trial court found the defendant had violated

the terms of his house arrest, he admitted he had ingested marijuana, and he had been

arrested for the possession of cocaine.

The evidence contained in the record is uncontradicted. The person supervising the

defendant’s community corrections sentence testified concerning the violation of the house

arrest provision and the defendant’s admission he had been ingesting marijuana and could

not pass a drug screen. A police officer executing a search warrant at the defendant’s

house testified he found cocaine within one inch of the defendant’s foot.

After a thorough review of the record, the briefs submitted by the parties, and the

law governing the issue presented for review, it is the opinion of this Court that the

judgment of the trial court should be affirmed pursuant to Rule 20, Rules of the Tennessee

Court of Criminal Appeals.

____________________________________________

 JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________

 WILLIAM M. BARKER, JUDGE

______________________________________

 THOMAS T. WOODALL, JUDGE
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350

The
undersigned, Raymond Calvert, the Vice President of Finance and Chief Financial Officer, of Northstar Neuroscience, Inc. (the Company), pursuant to 18 U.S.C. §1350, hereby certifies:



| | (i) | the Annual Report on Form 10-K for the period ended December 31, 2007 of the Company (the Report) fully complies with the requirements of
Section 13(a) and 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.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                                      
|-------------------- |  |  |  | -----------------------------------------------------
|Date: March 14, 2008 |  |  |  | /s/    Raymond N. Calvert                            
|                     |  |  |  | Raymond N. Calvert                                   
|                     |  |  |  | Vice President of Finance and Chief Financial Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and
is not being filed as part of the Report or as a separate disclosure document.
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 1, 2017.

*A. Federal Reserve Bank of Chicago*                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

                    1.                     *Nathan Halverson,*                     Mason City, Iowa; individually and as co-trustee of the Richard A. Halverson Disclaimer Trust, and as a group acting in concert with Kelli Halverson, Scottsdale, Arizona, and the Richard A. Halverson Disclaimer Trust, Mason City, Iowa, co-trustees Richard A. Halverson and Nathan Halverson, both of Mason City, Iowa; to join Richard A. Halverson as members of the Halverson Family Control Group; to retain voting shares of Farmers State Bancshares, Inc., Mason City, Iowa, and thereby indirectly retain shares of Farmers State Bank, Northwood, Iowa.                

Board of Governors of the Federal Reserve System, October 11, 2017.

Ann Misback,

Secretary of the Board.

[FR Doc. 2017-22353 Filed 10-13-17; 8:45 am]

 BILLING CODE P
#### Mary Malachi, Appellant, v Good Samaritan Hospital, Defendant, and Martin H. Savitz et al., Respondents.

[666 NYS2d 721]

—In an action to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Rockland County (Sherwood, J.), entered July 15, 1996, which granted the motion by the defendants Martin H. Savitz and Rockland Neurological Practices, P. C., and the cross motion by the defendant Prem Nath, pursuant to 22 NYCRR 125.1 (g) to dismiss the complaint with prejudice, (2) a judgment of the same court, entered October 1, 1996, which dismissed the complaint with prejudice, and (3) an order of the same court dated November 19, 1996, which denied the plaintiff’s motion to vacate the order entered July 15, 1996.

Ordered that the appeal from the order entered July 15, 1996, is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the order dated November 19,1996, is affirmed; and it is further,

Ordered that the respondents appearing separately and filing separate briefs are awarded one bill of costs.

The appeal from the intermediate order entered July 15, 1996, must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action *(see, Matter of Aho,*39 NY2d 241, 248). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment *(see,*CPLR 5501 [a] [1]).

*493We agree with the Supreme Court that the plaintiff’s attorney twice violated the provisions of 22 NYCRR 125.1 (g). The first violation occurred on January 29, 1996, when the plaintiff’s attorney did not appear or produce substitute trial counsel, despite the fact that the trial had been scheduled nine months earlier, in April 1995. The second violation occurred on May 30, 1996, after the trial had been postponed for four months. In addition, the court granted several short adjournments and repeatedly warned the attorney that the action would be dismissed if he did not appear. Under these circumstances, the Supreme Court did not improvidently exercise its discretion when it dismissed the action with prejudice and subsequently denied the plaintiff’s motion to vacate the dismissal *(see,*22 NYCRR 125.1 [g]; CPLR 5015 [a] [1]; *Clarke v New Rochelle Hosp. Med. Ctr.,*149 AD2d 559; *Ford v Village of Croton-on-Hudson,*140 AD2d 666). O’Brien, J. P., Pizzuto, Friedmann and Krausman, JJ., concur.
EXHIBIT 32.1

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 Quarterly Report of Amazon Biotech, Inc., a Utah
corporation, (the "Company") on Form 10-QSB for the period ending October 31,
2005, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Mechael Kanovsky, Ph.D., President and Chief Executive
Officer of the Company, certify the following pursuant to Section 18, U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:

      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 results of operations
            of the Company.

/s/ Mechael Kanovsky  , Ph.D.
------------------------------------
Mechael Kanovsky, Ph.D.
President and Chief Executive Officer
December 21, 2005
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Page 48810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22862]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

TIME AND DATE: Tuesday, October 24, 2017 at 11:15 a.m. and its 
continuation at the conclusion of the open meeting on October 26, 2017.

PLACE: 999 E Street NW., Washington, DC.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Compliance matters pursuant to 52 U.S.C. 
30109.
* * * * *

CONTACT PERSON FOR MORE INFORMATION: Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.

Laura E. Sinram,
Deputy Secretary of the Commission.
[FR Doc. 2017-22862 Filed 10-17-17; 4:15 pm]
BILLING CODE 6715-01-P
<PAGE>   1
                                                                    Exhibit 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the inclusion of our report dated March 1, 1996, regarding
the consolidated balance sheet of POLAR EXPRESS CORPORATION (A WHOLLY-OWNED
SUBSIDIARY OF AASCHE TRANSPORTATION SERVICES, INC.) as of December 29, 1995,
and the related consolidated statements of operations, changes in
stockholder's equity and cash flows for the year ended December 29, 1995 and
the period from August 27, 1994 (inception) to December 30, 1994, incorporated
by reference from the Aasche Transportation Services, Inc. Form 10-K into the
Registration Statements on Form S-8 (No. 333-19475, No. 33-06569 and No.
33-87826).

                                                /s/ Baird, Kurtz & Dobson
                                                -------------------------
                                                BAIRD, KURTZ & DOBSON

Fayetteville, Arkansas
March 27, 1997
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       7,826,074
<SECURITIES>                                         0
<RECEIVABLES>                                5,092,564
<ALLOWANCES>                                    20,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            14,917,049
<PP&E>                                       4,125,153
<DEPRECIATION>                                 961,443
<TOTAL-ASSETS>                              19,442,054
<CURRENT-LIABILITIES>                        7,640,797
<BONDS>                                              0
<PREFERRED-MANDATORY>                       14,381,062
<PREFERRED>                                          0
<COMMON>                                         8,461
<OTHER-SE>                                 (4,444,727)
<TOTAL-LIABILITY-AND-EQUITY>                19,442,054
<SALES>                                     11,382,820
<TOTAL-REVENUES>                            11,382,820
<CGS>                                        1,737,543
<TOTAL-COSTS>                                1,737,543
<OTHER-EXPENSES>                            17,751,871
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             219,895
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (8,288,805)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (8,288,805)
<EPS-BASIC>                                     (3.00)
<EPS-DILUTED>                                   (3.00)


</TABLE>
#### SEARS ECOLOGICAL APPLICATIONS CO., INC. and Sears Petroleum & Transport Corp., Appellants, v. David J. KAPPOS, Director, United States Patent And Trademark Office, Appellee.

No. 2011-1240.

United States Court of Appeals, Federal Circuit.

May 13, 2011.

William R. Hansen, Lathrop & Gage, LC, New York, NY, for Appellants.

Raymond T. Chen, Patent & Trademark Office, James J. Kelly, Obion, Spivak, McClelland, Maier, Alexandria, VA, for Appellee.

ON MOTION

ORDER

Upon consideration of Sears Ecological Applications Co., Inc. and Sears Petroleum *957*&*Transport Corp.’s motion to voluntarily dismiss their appeal,

It Is Ordered That:

(1) The motion is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7534
MICHAEL F. DEHONEY, Petitioner - Appellant, versus JONATHAN E. OZMINT, Director of South Carolina Department of Corrections; HENRY MCMASTER, Attorney General of South Carolina, Respondents - Appellees.

No. 05-7535
MICHAEL F. DEHONEY, Petitioner - Appellant, versus JONATHAN E. OZMINT, Director of South Carolina Department of Corrections; HENRY MCMASTER, Attorney General of South Carolina, Respondents - Appellees.- 2 - No. 05-7536
HENRY F. DEHONEY, Petitioner - Appellant, versus JONATHAN E. OZMINT, Director of South Carolina Department of Corrections; HENRY MCMASTER, Attorney General of South Carolina, Respondents - Appellees. Appeals from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-04-21981-HMH-BHH; CA-04-22025-HMH-BHH; CA-04-22026-HMH-BMH) Submitted: April 27, 2006 Decided: May 3, 2006 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Michael F. Dehoney, Appellant Pro Se. Barton Jon Vincent, DAVIDSON, MORRISON & LINDEMANN, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: Michael F. Dehoney appeals the district court’s order accepting the magistrate judge’s recommendation and construing his 28 U.S.C. § 2254 (2000) petition under 42 U.S.C.A. § 1983 (West Supp. 2000) and dismissing the complaint and the order denying his motion to reconsider. We have reviewed the record and the district court’s opinions and find no reversible error. Accordingly, we affirm on the reasoning of the district court. SeeDehoney v. Ozmint , Nos. CA-04-21981-HMH-BHH; CA-04-22025-HMH-BHH; CA-04-22026-HMH-BMH (D.S.C. Aug. 10 & 29, 2005). 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 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 quarterly report of Greystone Logistics, Inc. (the
"Company"), on Form 10-QSB for the period ending August 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Warren F. Kruger, President and Chief 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, 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 fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


October 15, 2007                         /s/ Warren F. Kruger
                                         -------------------------------
                                         Warren F. Kruger
                                         President and Chief Executive Officer

     A signed original of this written statement required by Section 906 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.

     The foregoing certification is being furnished to the Securities and
Exchange Commission as an exhibit to the Report and shall not be considered
filed as part of the Report.
**Exhibit 33.3**




**Management’s
      Assertion on**


**Compliance
      with Regulation AB Criteria**





**ASSERTION
      OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA**





The
      Bank
      of New York and The Bank of New York Trust Company, N. A.(collectively, the
      “Company”) provides this platform-level assessment of compliance with the
      servicing criteria specified in Item 1122(d) of Regulation AB promulgated by
      the
      Securities and Exchange Commission.





Management
      has determined that the following servicing criteria are applicable in regards
      to the following servicing platform for the following period:





Platform :
      Publicly-issued (i.e., transaction-level reporting initially required under
      the


Securities
      Exchange Act of 1934, as amended) residential mortgage-backed securities and
      other mortgage-related asset-backed securities issued on or after January 1,
      2006 (and like-kind transactions issued prior to January 1, 2006) for which
      the
      Company provides trustee, securities administration, paying agent or custodial
      services. The platform includes like kind transactions for which the Company
      provided trustee, securities administrator, paying agent or custodial services
      as a result of the Company’s acquisition as of October 1, 2006 of portions of
      JPMorgan Chase Bank, N.A.’s corporate trust business, including structured
      finance agency and trust transactions.





Applicable
      Servicing Criteria :
      All
      servicing criteria set forth in Item 1122(d), to the extent required by the
      related transaction agreements as to any transaction, except for the following
      criteria: 1122 (d) (1)(ii), (iii), (iv), (4) (iv), (v), (vi), (vii), (viii),
      (ix), (x), (xi), (xii) and (xiii).





Period :
      Twelve
      months ended December 31, 2006.





With
      respect to the Platform and the Period, the Company provides the following
      assessment of compliance in respect of the Applicable Servicing
      Criteria:





• The
      Company is responsible for assessing its compliance with the Applicable
      Servicing Criteria.





• The
      Company has assessed compliance with the Applicable Servicing
      Criteria.





•
A s
      of
      December 31, 2006 and for the Period, the Company was in material compliance
      with the Applicable Servicing Criteria.







Ernst
      & Young LLP, an independent registered public accounting firm, has issued an
      attestation report with respect to the Company’s foregoing assessment of
      compliance.





The Bank of New York
            The Bank of New YorkThe Bank of New York Trust
            The Bank of New York TrustCompany,
                N.A.
            Company,
                N.A./s/
                Robert L. Griffin
            /s/
                Patrick J. TadieRobert
                L. Griffin
            Patrick
                J. TadieAuthorized
                Signer
            Authorized
                  Signer




March
      1,
      2007