alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Elie Laham, Appellant, v Bahia Mehmet Bin Chambi, Also Known as Bahia Mehmet, Respondent.

[824 NYS2d 641]

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered March 22, 2005, dismissing the complaint upon a jury verdict in defendant’s favor, and order, same court and Justice, entered April 11, 2005, which denied plaintiffs motion to set aside the verdict, unanimously affirmed, with costs.

A jury verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that the verdict could not have been reached on any fair interpretation of the evidence *(see McDermott v Coffee Beanery, Ltd.,*9 AD3d 195 [2004]; *O’Boyle v Avis Rent-A-Car*
      *375
      *Sys., 78*AD2d 431, 438-439 [1981]). Issues of credibility are for the jury, which had the opportunity to observe the witnesses, and its resolution of credibility issues is entitled to deference *(see Louis Puccio Devs., Inc. v Dean,*18 AD3d 826, 827 [2005]). Here, the jury could reasonably have credited defendant’s testimony that a business colleague of plaintiff was the ultimate recipient of the funds, which was not definitively disproved by any of the documentary evidence submitted by plaintiff, and rejected plaintiffs testimony to the contrary *(see e.g. 1515 Summer St. Corp. v Parikh,*13 AD3d 305, 306-307 [2004]).

Plaintiff was not deprived of a fair trial by the court’s admission of hearsay affidavits offered into evidence by plaintiff *(see Weitz v State of New York,*182 Misc 2d 320, 329 [1999]), even after plaintiff’s counsel sought to withdraw them. Nor has plaintiff established that conduct by defendant or her counsel at trial was calculated to influence the jury by diverting their attention to considerations not legitimately before them *(see generally Panzarino v Jeffrey A. Weisberg, M.D., P.C.,*257 AD2d 483, 484 [1999], *appeal dismissed*93 NY2d 998 [1999]). While defendant repeatedly endeavored to “explain” her answers, with the intent to insert her own commentary or cast aspersions on plaintiff, the court controlled the situation, striking answers and admonishing defendant as needed. Furthermore, the charge made clear that defendant bore the burden of proof on her defenses and directed the jury’s attention to the issue at hand.

Although the performance of the translators was far from exemplary, plaintiff has failed to establish prejudicial error warranting a new trial. Concur—Buckley, EJ., Tom, MazzarelH, Williams and McGuire, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF ADVANCE HOLDING CORPORATION FOR
THE FORTY WEEK PERIOD ENDED OCTOBER 10, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JUL-19-1998
<PERIOD-END>                               OCT-10-1998
<CASH>                                          38,408
<SECURITIES>                                         0
<RECEIVABLES>                                    5,672
<ALLOWANCES>                                         0
<INVENTORY>                                    363,113
<CURRENT-ASSETS>                               440,606
<PP&E>                                         243,141
<DEPRECIATION>                                  96,260
<TOTAL-ASSETS>                                 609,817
<CURRENT-LIABILITIES>                          290,522
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           126
<OTHER-SE>                                    (95,449)
<TOTAL-LIABILITY-AND-EQUITY>                   609,817
<SALES>                                        802,839
<TOTAL-REVENUES>                               802,839
<CGS>                                          493,289
<TOTAL-COSTS>                                  493,289
<OTHER-EXPENSES>                                14,230
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              23,675
<INCOME-PRETAX>                                 12,488
<INCOME-TAX>                                     5,822
<INCOME-CONTINUING>                              6,666
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,666
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### § 169.119 Will BIA notify a grantee when a payment is due for a right-of-way?

Upon request of the Indian landowners, we may issue invoices to a grantee in advance of the dates on which payments are due under the right-of-way. The grantee's obligation to make these payments in a timely manner will not be excused if invoices are not issued, delivered, or received.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM OPTIMARK
HOLDINGS, INC. AND SUBSIDIARIES UNAUDITED CONDENSED CONSOLIDATED FINANCIAL
STATEMENTS AT SEPTEMBER 30, 2000 AND FOR THE NINE MONTHS ENDED SEPTEMBER 30,
2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       8,409,182
<SECURITIES>                                         0
<RECEIVABLES>                                2,927,922
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            12,465,115
<PP&E>                                      16,155,626
<DEPRECIATION>                               7,981,904
<TOTAL-ASSETS>                              47,091,251
<CURRENT-LIABILITIES>                       10,621,506
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    227,221
<COMMON>                                       366,121
<OTHER-SE>                                  35,556,687
<TOTAL-LIABILITY-AND-EQUITY>                47,091,251
<SALES>                                              0
<TOTAL-REVENUES>                             9,620,266
<CGS>                                                0
<TOTAL-COSTS>                                7,384,797
<OTHER-EXPENSES>                            11,530,584
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              34,395
<INCOME-PRETAX>                           (72,533,073)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (7,883,429)
<DISCONTINUED>                            (64,649,644)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (72,533,073)
<EPS-BASIC>                                     (1.99)
<EPS-DILUTED>                                   (1.99)


</TABLE>
Exhibit 31.2

SECTION 302 CERTIFICATION

I, Barry W. Tackett, certify that:

1. I have reviewed this quarterly report of Consolidated Energy, Inc. for the
period ended September 30, 2005;

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 small
business issuer as of, and for, the periods presented in this report;

4. The small business issuer'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 small business
issuer 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 small business issuer,
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 small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: November 21, 2005

/s/Barry W. Tackett
Barry W. Tackett, CFO (Principal Financial Officer)
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 488 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                           May 4, 2000.
    Resolved, That the requirement of clause 6(a) of rule XIII for a two-thirds 
vote to consider a report from the Committee on Rules on the same day it is 
presented to the House is waived with respect to any resolution reported on the 
legislative day of May 4, 2000, providing for consideration or disposition of a 
conference report to accompany the bill (H.R. 434) to authorize a new trade and 
investment policy for sub-Sahara Africa, or any amendment reported in 
disagreement from a conference thereon.
            Attest:

                                                                          Clerk.
```
Order entered January 22, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-01004-CV

ALEJANDRO VASQUEZ D/B/A DANI’S CONCRETE, Appellant

V.

KAPSEN DEVELOPMENT GROUP, LLC, Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-20-07342

ORDER

Before the Court is appellant’s January 21, 2021 motion for an extension of 

time to file his letter brief in response to this Court’s December 28, 2020 letter 

questioning our jurisdiction over this appeal. We GRANT the motion and extend 

the time to February 5, 2021.

/s/ KEN MOLBERG 

JUSTICE
Exhibit 35.2

|                              
|------------------------------
|Collateral Management Services



May 29, 2012



American Honda Finance Corporation

P.O. Box 2295

Torrance, California 90509-2295



Attention: Paul C. Honda



Re: Assessment of compliance for services provided pursuant
to the Title Administration Agreement dated as of February 5, 2002 between triVIN, Inc. (triVIN) for services provided by its wholly
owned subsidiary, DealerTrack Collateral Management Services (fka FDI Computer Consulting, Inc., dba FDI Collateral Management)
(the Company), and American Honda Finance Corporation (AHFC).



| | a) | A review of the Company's activities and performance under the Title Administration Agreement dated
as of February 5, 2002 between triVIN and AHFC during the period commencing April 1, 2011 through and including March 31, 2012
has been conducted under our supervision, and;
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | b) | To the best of my knowledge, based upon such review, the Company has fulfilled its obligations under the Title Administration
Agreement dated as of February 5, 2002 between triVIN and AHFC in all material respects throughout the period commencing April
1, 2011 through and including March 31, 2012.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | DealerTrack Collateral Management Services
| | ------------------------------------------
| |                                           
| | By                                        
| |                                           
| |                                           
| |                                           
| |                                           



Cc: Anne Sutcliffe





1
§ 33.1 Definitions. ( a ) *Agency* means that organizational unit of the Bureau which provides direct services to the governing body or bodies and members of one or more specified Indian Tribes.
( b ) *Early childhood* means education activities serving the 0 to 8 year old child, including pre-natal, child care, kindergarten, homebase, homebound, and special education programs.
( c ) *Elementary and secondary education* means those programs serving the child from grade one through grade twelve.
( d ) *Operating level* means the organizational level at which direct educational services are performed.
( e ) *Personnel directly and substantially involved* means those persons who provide services which affect the operation of Indian education programs, including (but not limited to) school or institution custodial or maintenance personnel, and whose services for Indian education programs require the expenditure of at least 51 percent of the employee's working time.
( f ) *Post-secondary* means education programs that are provided for persons past the age for compulsory education to include continuing education, higher education, undergraduate and graduate, career and adult education. As used in this Act, the term Post-Secondary shall include those Bureau of Indian Affairs programs operated at Southwestern Indian Polytechnic Institute, the Institute of American Indian Arts, and Haskell Indian Junior College, and those operated at Tribally controlled community colleges under Pub. L. 95-471.
§ 291.8 What must the Secretary do at the expiration of the 60-day comment period if the State has not submitted an alternative proposal? ( a ) Upon expiration of the 60-day comment period specified in § 291.7, if the State has not submitted an alternative proposal, the Secretary must review the Indian tribe's proposal to determine: ( 1 ) Whether all requirements of § 291.4 are adequately addressed;
( 2 ) Whether Class III gaming activities will be conducted on Indian lands over which the Indian tribe has jurisdiction;
( 3 ) Whether contemplated gaming activities are permitted in the State for any purposes by any person, organization, or entity;
( 4 ) Whether the proposal is consistent with relevant provisions of the laws of the State;
( 5 ) Whether the proposal is consistent with the trust obligations of the United States to the Indian tribe;
( 6 ) Whether the proposal is consistent with all applicable provisions of IGRA; and
( 7 ) Whether the proposal is consistent with provisions of other applicable Federal laws.
( b ) Within 60 days of the expiration of the 60-day comment period in § 291.7, the Secretary must notify the Indian tribe, the Governor, and the Attorney General of the State in writing that he/she has: ( 1 ) Approved the proposal if the Secretary determines that there are no objections to the Indian tribe's proposal; or
( 2 ) Identified unresolved issues and areas of disagreements in the proposal, and invite the Indian tribe, the Governor and the Attorney General to participate in an informal conference, within 30 days of notification unless the parties agree otherwise, to resolve identified unresolved issues and areas of disagreement.
( c ) Within 30 days of the informal conference, the Secretary must prepare and mail to the Indian tribe, the Governor and the Attorney General: ( 1 ) A written report that summarizes the results of the informal conference; and
( 2 ) A final decision either setting forth the Secretary's proposed Class III gaming procedures for the Indian tribe, or disapproving the proposal for any of the reasons in paragraph (a) of this section.
Exhibit 32.1

SECTION 906 CERTIFICATION

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 Consolidated Energy, Inc. (the
"Company") on Form 10-QSB for the quarter ending March 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David Guthrie, Principal 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, to the best of my knowledge and belief:

 (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 result of operations of the Company.


/s/ David Guthrie
David Guthrie, Principal Executive Officer

Date: May 21, 2004


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version 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.
### §929. Art. 129. Burglary; unlawful entry

(a) Burglary.—Any person subject to this chapter who, with intent to commit an offense under this chapter, breaks and enters the building or structure of another shall be punished as a court-martial may direct.

(b) Unlawful Entry.—Any person subject to this chapter who unlawfully enters—

(1) the real property of another; or

(2) the personal property of another which amounts to a structure usually used for habitation or storage;

shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 114–328, div. E, title LX, §5442, Dec. 23, 2016, 130 Stat. 2954.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 929 | 50:723. | May 5, 1950, ch. 169, §1 (Art. 129), 64 Stat. 142. |

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "Any person subject to this chapter who, with intent to commit an offense punishable under sections 918–928 of this title (articles 118–128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
# C_2006196EN.01003402.xml

| 19.8.2006 | EN | Official Journal of the European Union | C 196/34 |
| --- | --- | --- | --- |

19.8.2006

EN

Official Journal of the European Union

C 196/34

---

Non-opposition to a notified concentration

(Case No. COMP/M.4289 — Crédit Agricole/Emporiki)

(2006/C 196/09)

(Text with EEA relevance)

On 11/08/2006, 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(1)(b) 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site 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 32006M4289. 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 32006M4289. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---