alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of Nebraska, appellee, v. Max A. Niemann, appellant.

240 N. W. 2d 38

Filed March 25, 1976.

No. 40368.

Richard T. Vanderheiden of Phares, Torpin & Vanderheiden, for appellant.

Paul L. Douglas, Attorney General, and Paul W. Snyder, for appellee.

Heard before White, C. J., Spencer, Boslaugh, McCown, Newton, Clinton, and Brodkey, JJ.

White, C. J.

The defendant was originally charged with first degree murder and pled guilty to a reduced charge of second degree murder. The District Court sentenced the defendant to an indefinite term of 20 years to life imprisonment in the Nebraska Penal and Correctional Complex. No appeal was taken. On November 22, 1971, the defendant sought relief under the Post Conviction Act by filing a motion to vacate and set aside. After a hearing, the defendant’s request for post conviction relief was denied. No appeal from this decision was taken. On May 19, 1975, the defendant sought post conviction relief a second time, alleging that the sentence imposed upon him was illegal. After a hearing, the court denied the defendant’s application for relief. This appeal follows. We affirm the judgment and sentence of the District Court.

“After a first motion for post conviction relief has been judicially determined, any subsequent motion for post conviction relief from the same conviction and sen*676tence may be dismissed by the District Court, unless the motion affirmatively shows on its face that the basis relied upon for relief was not available at the time of filing a prior motion for post conviction relief.” State v. Fincher, 191 Neb. 446, 216 N. W. 2d 172 (1974). See, also, State v. Haskett, 194 Neb. 523, 233 N. W. 2d 782 (1975). A post conviction proceeding cannot be used as a procedure to secure a review for a defendant dissatisfied with his sentence. State v. Huffman, 186 Neb. 809, 186 N. W. 2d 715 (1971).

The judgment and sentence of the District Court are correct and are affirmed.

Affirmed.
§ 249.1 Purpose. ( a ) The purposes of these regulations (part 249) are: ( 1 ) To assist in protecting the off-reservation nonexclusive fishing rights which are secured to certain Indian tribes by their treaties with the United States;
( 2 ) To promote the proper management, conservation and protection of fisheries resources which are subject to such treaties of the United States;
( 3 ) To provide for determination of restrictions on the manner of exercising nonexclusive fishing privileges under rights secured to Indian tribes by such treaties of the United States necessary for conservation of the fisheries resources;
( 4 ) To assist in the orderly administration of Indian Affairs;
( 5 ) To encourage consultation and cooperation between the states and Indian tribes in the management and improvement of fisheries resources affected by such treaties;
( 6 ) To assist the states in enforcing their laws and regulations for the management and conservation of fisheries resources in a manner compatible with the treaties of the United States which are applicable to such resources.
( b ) The conservation regulations of this part 249 are found to be necessary to assure that the nonexclusive rights secured to certain Indian tribes by treaties of the United States to fish at usual and accustomed places outside the boundaries of an Indian reservation shall be protected and preserved for the benefit of present and future members of such tribes in a manner consistent with the nonexclusive character of such rights. Any exercise of an Indian off-reservation treaty fishing right shall be in accordance with this part and any applicable area regulations issued hereunder.
[32 FR 10434, July 15, 1967. Redesignated at 47 FR 13327, Mar. 30, 1982; 48 FR 13414, Mar. 31, 1983]
#### IN RE ASSESSMENT AGAINST REYNOLDS TOBACCO CO.

No. 553P89

Case below: 96 N.C.App. 267

Petition by Secretary of Revenue for discretionary review pursuant to G.S. 7A-31 denied 7 February 1990.
#### § 39.219 What happens if a residential program does not maintain residency levels required by this subpart?

Each school must maintain its declared nights of service per week as certified in its submitted school calendar. For each month that a school does not maintain 25 percent of the residency shown in its submitted calendar, the school will lose one-tenth of its current year allocation.
----

Action brought on 7 July 2006 — Fränkischer Weinbauverband v OHIM (three-dimensional mark ‘Bocksbeutel’)

(Case T-180/06)

(2006/C 212/61)

Language of the case: German

Parties

Applicant: Fränkischer Weinbauverband e.V. (Würzburg, Germany) (represented by N. Hetzelt and A. Weigand, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Pleas in law and main arguments

Community trade mark concerned: The three-dimensional collective mark ‘Bocksbeutel’ for goods and services in Classes 32, 33 and 42 (Registration No 2 323 301).

Decision of the Examiner: Partial rejection of the application.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: The mark applied for is capable of being protected as it has the necessary distinctive character within the meaning of Article 7(1)(b) in conjunction with Article 64 of Regulation (EC) No 40/94 (1). Furthermore, the contested decision infringes the principle of equal treatment.

----

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

----
#### § 212.53 Assignments, overriding royalties, and operating agreements.

The provisions of § 211.53 of this subchapter are applicable to leases under this part.
# C_2006244EN.01000101.xml

| 11.10.2006 | EN | Official Journal of the European Union | C 244/1 |
| --- | --- | --- | --- |

11.10.2006

EN

Official Journal of the European Union

C 244/1

---

Euro exchange rates (1)

1

10 October 2006

(2006/C 244/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2538 |
| JPY | Japanese yen | 149,97 |
| DKK | Danish krone | 7,4556 |
| GBP | Pound sterling | 0,67475 |
| SEK | Swedish krona | 9,2740 |
| CHF | Swiss franc | 1,5909 |
| ISK | Iceland króna | 86,08 |
| NOK | Norwegian krone | 8,3610 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5767 |
| CZK | Czech koruna | 28,195 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 270,73 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9094 |
| RON | Romanian leu | 3,5072 |
| SIT | Slovenian tolar | 239,60 |
| SKK | Slovak koruna | 37,023 |
| TRY | Turkish lira | 1,8800 |
| AUD | Australian dollar | 1,6853 |
| CAD | Canadian dollar | 1,4154 |
| HKD | Hong Kong dollar | 9,7713 |
| NZD | New Zealand dollar | 1,8995 |
| SGD | Singapore dollar | 1,9944 |
| KRW | South Korean won | 1 203,21 |
| ZAR | South African rand | 9,7824 |
| CNY | Chinese yuan renminbi | 9,9191 |
| HRK | Croatian kuna | 7,4238 |
| IDR | Indonesian rupiah | 11 565,68 |
| MYR | Malaysian ringgit | 4,6322 |
| PHP | Philippine peso | 62,753 |
| RUB | Russian rouble | 33,7930 |
| THB | Thai baht | 47,049 |

Currency

Exchange rate

USD

US dollar

1,2538

JPY

Japanese yen

149,97

DKK

Danish krone

7,4556

GBP

Pound sterling

0,67475

SEK

Swedish krona

9,2740

CHF

Swiss franc

1,5909

ISK

Iceland króna

86,08

NOK

Norwegian krone

8,3610

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5767

CZK

Czech koruna

28,195

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

270,73

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9094

RON

Romanian leu

3,5072

SIT

Slovenian tolar

239,60

SKK

Slovak koruna

37,023

TRY

Turkish lira

1,8800

AUD

Australian dollar

1,6853

CAD

Canadian dollar

1,4154

HKD

Hong Kong dollar

9,7713

NZD

New Zealand dollar

1,8995

SGD

Singapore dollar

1,9944

KRW

South Korean won

1 203,21

ZAR

South African rand

9,7824

CNY

Chinese yuan renminbi

9,9191

HRK

Croatian kuna

7,4238

IDR

Indonesian rupiah

11 565,68

MYR

Malaysian ringgit

4,6322

PHP

Philippine peso

62,753

RUB

Russian rouble

33,7930

THB

Thai baht

47,049

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
§ 171.510 How does BIA calculate my annual operation and maintenance assessment if supplemental water is available on the irrigation facility servicing my farm unit? ( a ) For projects where supplemental water is available, and you request and receive supplemental water, your assessment will include two components: a base rate, which is for your per-acre water duty delivered to your farm unit; and a supplemental water rate, which is for water delivered to your farm unit in addition to your per-acre water duty.
( b ) We publish base and supplemental water rates annually in the Federal Register. The base and supplemental water rates are established to recover the costs identified in section 171.500(a) of this subpart.
( c ) If your project has established a supplemental water rate, and you request and receive supplemental water, we will calculate your total annual operation and maintenance assessment by adding the following two totals: ( 1 ) The total assessable acres of your land within the service area of our irrigation facility multiplied by the annual operation and maintenance assessment rate we establish for that facility; and
( 2 ) The actual quantity of supplemental water you request and we agree to deliver (in acre-feet) times the supplemental water rate established for that facility.
Exhibit 99.2

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350, AS ADOPTED PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Avalon Holdings Corporation on Form 10-Q for the three month period ending March 31, 2003 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”), I, Timothy C. Coxson, Chief Financial Officer of Avalon Holdings Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that:

          (1)          The Report fully complies with therequirements 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 financialcondition and results of operations of Avalon Holdings Corporation.

| /s/ TIMOTHY C. COXSON                          |   |
|------------------------------------------------|--------|
|                                                |   |
| **Timothy C. Coxson  Chief Financial Officer** |   |
| **May 13, 2003**                               |   |
#### § 39.601 Is school board training for Bureau-operated schools considered a school board expense subject to the limitation?

No, school board training for Bureau-operated schools is not considered a school board expense subject to the limitation in § 39.600.
`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 364 Reported in House (RH)]






                                                 House Calendar No. 153
106th CONGRESS
  1st Session
H. RES. 364

                          [Report No. 106-460]

Waiving points of order against the conference report to accompany the 
 bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1999

     Mr. Goss, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
Waiving points of order against the conference report to accompany the 
 bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Resolved, That upon the adoption of this resolution it shall be in 
order to consider the conference report to accompany the bill (H.R. 
1555) to authorize appropriations for fiscal year 2000 for intelligence 
and intelligence-related activities of the United States Government, 
the Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes. All points of 
order against the conference report and against its consideration are 
waived. The conference report shall be considered as read.
    Sec. 2. House Resolution 342 is laid on the table.
                                     





                                                 House Calendar No. 153

106th CONGRESS

  1st Session

                              H. RES. 364

                          [Report No. 106-460]

_______________________________________________________________________

                               RESOLUTION

Waiving points of order against the conference report to accompany the 
 bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

_______________________________________________________________________

                            November 8, 1999

        Referred to the House Calendar and ordered to be printed`
#### § 33.6 Agency education functions.

A Bureau Agency Superintendent for Education shall perform those education functions related to elementary and secondary education, early childhood education, peripheral dormitories which have been supervised prior to Pub. L. 95-561, and exceptional education programs as defined in 25 CFR part 32. This section shall not be construed to remove higher education, adult education and/or Johnson-O'Malley programs currently administered at the Agency level. Further, the Director under the authority of § 33.4 will periodically review Area programs such as higher education, adult education, and Johnson-O'Malley for consideration to assign to Agency level administration.
#### § 169.407 How will payment rights relating to a right-of-way grant be allocated?

The right-of-way grant may allocate rights to payment for any proceeds, trespass damages, condemnation awards, settlement funds, and other payments between the Indian landowners and the grantee. If not specified in the grant, applicable policy, order, award, judgment, or other document, the Indian landowners will be entitled to receive these payments.
### §9685. Obsolete ordnance: loan to educational institutions and State soldiers' and sailors' orphans' homes

(a) Upon the recommendation of the Governor of the State concerned or Guam or the Virgin Islands, the Secretary of the Air Force, under regulations to be prescribed by him and without cost to the United States for transportation, may lend obsolete ordnance and ordnance stores to State, Guam, and the Virgin Islands educational institutions and to State soldiers' and sailors' orphans' homes, for drill and instruction. However, no loan may be made under this subsection to an institution to which ordnance or ordnance stores may be issued under any law that was in effect on June 30, 1906, and is still in effect.

(b) The Secretary shall require a bond from each institution or home to which property is lent under subsection (a), in double the value of the property lent, for the care and safekeeping of that property and, except for property properly expended, for its return when required.

(Aug. 10, 1956, ch. 1041, 70A Stat. 584; Pub. L. 109–163, div. A, title X, §1057(a)(10), Jan. 6, 2006, 119 Stat. 3441.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9685(a) | 50:62a (1st par. and proviso of last par.). | June 30, 1906, ch. 3938, 34 Stat. 817. |
| 9685(b) | 50:62a (last par., less proviso). | |

In subsection (a), the words "at his discretion" and "as may be available" are omitted as surplusage. The word "lend" is substituted for the word "issue" to reflect the intent of the section. 50:62a (1st 13 words of proviso) is omitted as surplusage. The words "and which is still in effect" are inserted for clarity.

In subsection (b), the words "to the United States" are omitted as surplusage. The words "except property properly expended" are inserted for clarity.

#### **Editorial Notes**

#### Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted "State concerned or Guam or the Virgin Islands" for "State or Territory concerned" and "State, Guam, and the Virgin Islands" for "State and Territorial".
§ 226.17 How to acquire permission to begin operations on a restricted homestead allotment. ( a ) Lessee may conduct operations within or upon a restricted homestead selection only with the written consent of the Superintendent.
( b ) If the allottee is unwilling to permit operations on his homestead, the Superintendent will cause an examination of the premises to be made with the allottee and lessee or his representative. Upon finding that the interests of the Osage Tribe require that the tract be developed, the Superintendent will endeavor to have the parties agree upon the terms under which operations on the homestead may be conducted.
( c ) In the event the allottee and lessee cannot reach an agreement, the matter shall be presented by all parties before the Osage Tribal Council, and the Council shall make its recommendations. Such recommendations shall be considered as final and binding upon the allottee and lessee. A guardian may represent the allottee. Where no one is authorized or where no person is deemed by the Superintendent to be a proper party to speak for a person of unsound mind or feeble understanding, the Principal Chief of the Osage Tribe shall represent him.
( d ) If the allottee or his representative does not appear before the Osage Tribal Council when notified by the Superintendent, or if the Council fails to act within 10 days after the matter is referred to it, the Superintendent may authorize lessee to proceed with operations in conformity with the provisions of his lease and the regulations in this part.
# C_2006246EN.01002602.xml

| 13.10.2006 | EN | Official Journal of the European Union | C 246/26 |
| --- | --- | --- | --- |

13.10.2006

EN

Official Journal of the European Union

C 246/26

---

Non-opposition to a notified concentration

(Case COMP/M.4318 — Veolia/Cleanaway)

(2006/C 246/20)

(Text with EEA relevance)

On 21 September 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32006M4318. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4318. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
Statement Pursuant to Section
906 of Sarbanes-Oxley Act of 2002

The undersigned, Richard Rubin, CEO, CFO and
Chairman of Peregrine Industries, Inc, a Florida corporation, hereby makes the following
certification as required by Section 906(a) of the Sarbanes-Oxley Act of 2002, with
respect to the following of this report filed pursuant to Section 15(d) of the Securities
Exchange Act of 1934: Quarterly Report on Form 10-Q for the period ended December 31,
  2009.

The undersigned certifies that the above
quarterly report fully complies with the requirements of Section 15(d) of the Securities
Exchange Act of 1934, and information contained in the above report fairly presents, in
all respects, the financial condition of Peregrine Industries, Inc. and results of its
operations.

Date: February 16, 2010/s/ Richard RubinCEO, CFO and Chairman
Exhibit 99.6



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 of
Brookfield Canada Office Properties (the “Company”) on Form 40-F for the year ended December 31, 2011, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I, Bryan K. Davis, Chief Financial 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 to the best of my 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 results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|By:    /s/ Bryan K. Davis_______________________
        Bryan K. Davis
        Chief Financial Officer
|-------------------------------------------------------------------------------------------------------
|                                                                                                       



March 30, 2012





12
### §2456. Coordination with General Services Administration

To avoid unnecessary duplication, the Administrator of General Services and the Secretary of Defense shall coordinate the cataloging and standardization activities of the General Services Administration and the Department of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 140.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 2456 | 5:173i. | July 1, 1952, ch. 539, §11, 66 Stat. 320. |
§ 200.11 Incorporation of coal lease terms and conditions. ( a ) All leases of coal on Indian lands, as defined in § 216.101 of this chapter, issued by the Secretary, will include at the time of issuance, renewal, renegotiation, or readjustment, as applicable, the following provision: The Lessee shall comply with all applicable requirements of the Surface Mining Control and Reclamation Act of 1977, and all regulations promulgated thereunder, including those codified at 30 CFR part 750.
( b ) With respect to leases of coal on Indian lands issued by the Secretary after August 3, 1977, the Secretary shall, at the time of issuance, renewal, renegotiation, or readjustment, as applicable, include and enforce in such leases, terms and conditions related to the Surface Mining Control and Reclamation Act of 1977, as requested by the lessor Indian tribe in writing.