alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

August 20, 2009 

d0520 

Order 

 

August 20, 2009 

137970 

MIMOZA NECI, 

Plaintiff, 

and 

VERA NECI, 

Plaintiff-Appellant, 

v SC: 137970 

 COA: 277069 

Wayne CC: 05-523483-NI 

VANNICE ARRIN STEEL, JR., CLARA 

JONES, and ANITA TERRY, 

Defendants, 

and 

CITIZENS INSURANCE COMPANY OF 

AMERICA, 

Defendant-Appellee. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 13, 2008 

judgment of the Court of Appeals is considered and, it appearing to this Court that the 

case of McCormick v Carrier (Docket No. 136738) is pending on appeal before this 

Court and that the decision in that case may resolve an issue raised in the present 

application for leave to appeal, we ORDER that the application be held in ABEYANCE 

pending the decision in that case.
**Exhibit 31.2**

 

I, Carter D. Hicks, certify that:

 

1.             I have reviewed this quarterlyreport on Form 10-Q of Digital River, Inc.;

 

2.             Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

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

 

4.             The registrant’s other certifyingofficers and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)  designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisannual report is being prepared;

 

(b)  evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

(c)  disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.             The registrant’s other certifyingofficers and I have disclosed, based on our most recent evaluation, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a)  all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)  any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Date:  | November 9,  2004 |   | /s/ Carter D. Hicks                    |   |
|--------|-------------------|--------|----------------------------------------|--------|
|   |              |   | Carter D. HicksChief Financial Officer |

 

----
<PAGE>

                                                                    EXHIBIT 12.2

                            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 of Grupo Televisa, S.A. (the
"Company") on Form 20-F for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alfonso
de Angoitia Noriega, Executive Vice President and 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:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 except for the Company's inability
to obtain audited financial statements of Sky Multi-Country Partners, an entity
in which the Company has an indirect 30% equity interest, as described in Note
27(f) to the Company's audited financial statements.

         (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/ ALFONSO DE ANGOITIA NORIEGA
    -----------------------------------------------------------
     Name: Alfonso de Angoitia Noriega
     Title: Executive Vice President and Chief Financial Officer

Dated:  June 30, 2003

         A signed original of this written statement required by Section 906 has
been provided to Grupo Televisa, S.A. and will be retained by Grupo Televisa,
S.A. and furnished to the Securities and Exchange Commission or its staff upon
request.

                     *                    *                          *

         In accordance with the interim guidance for Section 906 certification
issued by the United States Securities and Exchange Commission on March 21, 2003
in Release No.33-8212, this certification will not be deemed "filed" for
purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise
subject to the liability of that section. Such certification will not be deemed
to be incorporated by reference into any filing under the Securities Act of 1933
or the Securities Exchange Act of 1934, except to the extent that Grupo
Televisa, S.A. specifically incorporates it by reference.
I

106TH CONGRESS

1ST SESSION S. 1235

IN THE HOUSE OF REPRESENTATIVES

Referred to the Committee on the Judiciary

AN ACT

To amend part G of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 to allow railroad police

officers to attend the Federal Bureau of Investigation

National Academy for law enforcement training.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1235 RFH

1 SECTION 1. INCLUSION OF RAILROAD POLICE OFFICERS IN

2 FBI LAW ENFORCEMENT TRAINING.

3 (a) IN GENERAL.—Section 701(a) of part G of title

4 I of the Omnibus Crime Control and Safe Streets Act of

5 1968 (42 U.S.C. 3771(a)) is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘State or unit of local gov8 ernment’’ and inserting ‘‘State, unit of local

9 government, or rail carrier’’; and

10 (B) by inserting ‘‘, including railroad po11 lice officers’’ before the semicolon; and

12 (2) in paragraph (3)—

13 (A) by striking ‘‘State or unit of local gov14 ernment’’ and inserting ‘‘State, unit of local

15 government, or rail carrier’’;

16 (B) by inserting ‘‘railroad police officer,’’

17 after ‘‘deputies,’’;

18 (C) by striking ‘‘State or such unit’’ and

19 inserting ‘‘State, unit of local government, or

20 rail carrier’’; and

21 (D) by striking ‘‘State or unit.’’ and in22 serting ‘‘State, unit of local government, or rail

23 carrier.’’.

24 (b) RAIL CARRIER COSTS.—Section 701 of part G

25 of title I of the Omnibus Crime Control and Safe Streets
3

S 1235 RFH

1 Act of 1968 (42 U.S.C. 3771) is amended by adding at

2 the end the following:

3 ‘‘(d) RAIL CARRIER COSTS.—No Federal funds may

4 be used for any travel, transportation, or subsistence ex5 penses incurred in connection with the participation of a

6 railroad police officer in a training program conducted

7 under subsection (a).’’.

8 (c) DEFINITIONS.—Section 701 of part G of title I

9 of the Omnibus Crime Control and Safe Streets Act of

10 1968 (42 U.S.C. 3771) is amended by adding at the end

11 the following:

12 ‘‘(e) DEFINITIONS.—In this section—

13 ‘‘(1) the terms ‘rail carrier’ and ‘railroad’ have

14 the meanings given such terms in section 20102 of

15 title 49, United States Code; and

16 ‘‘(2) the term ‘railroad police officer’ means a

17 peace officer who is commissioned in his or her

18 State of legal residence or State of primary employ19 ment and employed by a rail carrier to enforce State
4

S 1235 RFH

1 laws for the protection of railroad property, per2 sonnel, passengers, or cargo.’’.

Passed the Senate October 26, 1999.

Attest: GARY SISCO,

Secretary.
DEPARTAMENTO DE SALUD Y SERVICIOS HUMANOS

Administración de Salud Mental y Abuso de Substancias de E.E.U.U.

Centro para el Tratamiento de Abuso de Sustancias

www.samhsa.gov

La 17a celebración anual Mes Nacional de

Recuperación del Alcohol y las Drogas (Mes

de la Recuperación) será conmemorado

en septiembre de 2006. Este año el tema

será Únase a las voces de la recuperación:

Construya una comunidad más fuerte y

saludable. Durante la conmemoración se

destacará el impacto positivo que tiene

el tratamiento y la recuperación del

abuso del alcohol y las drogas. 

El mes de septiembre esta separado para

ayudar a comunidades en todo el país:

■ Reconocer los adelantos logrados

en el tratamiento.

■ Educar al público para que 

comprenda que las adicciones son 

un problema de salud que puede 

ser tratado y nos afecta a todos 

por igual.

■ Estimular el apoyo comunitario 

para aquellos que necesiten

tratamiento, así como para las 

personas en recuperación.

septiembre2006

Construya una comunidad más fuerte y saludable

ùnasealasvocesdelarecuperación

Mes Nacional de Recuperación del

Alcohol y las Drogas (Mes de la

Recuperación) 2006 Ofrecerá:

■ Lanzamiento nacional sobre el Mes de la Recuperación

a los medios de comunicación en Washington, D.C.

■ Eventos comunitarios en todo el país para difundir 

información sobre el abuso del alcohol y las drogas y

enfermedades mentales, su tratamiento y recuperación.

■ Conmemoraciones y actividades estatales y locales.

■ Eventos a través del Internet.

■ Paquete informativo del Mes de la Recuperación que

incluye un CD-ROM y material impreso para ayudar a

participantes en su campaña de difusión a los medios

informativos y grupos de interés.

■ Afiche conmemorativo del Mes de la Recuperación.

■ Anuncios de servicio público por televisión y radio.

Materiales informativos estarán disponibles (en inglés) a

partir de marzo/abril de 2006 en el sitio en Internet del Mes

de la Recuperación de la Administración de Servicios de

Salud Mental y Abuso del Alcohol y las Drogas (SAMHSA),

www.recoverymonth.gov.

Para más información, comuníquese con SAMHSA al 

teléfono 240-276-2750.
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Michael H. Carrel,certify that:

 

1.               I have reviewedthis annual report on Form 10-K of Vital Images, Inc.;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

a)              Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)             [Intentionallyomitted];

 

c)              Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

d)             Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

 

a)              All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| Date:  | March 16, 2005          |   | /s/ Michael H. Carrel |   |
|--------|------------------------------|--------|-----------------------|--------|
|   | Michael H. Carrel            |
|   | Chief Financial Officer  and |
|   | Vice President-Finance       |

 

69

----
# C_2006294EN.01005501.xml

| 2.12.2006 | EN | Official Journal of the European Union | C 294/55 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 294/55

---

Action brought on 26 September 2006 — Commission v TH Parkner

(Case T-266/06)

(2006/C 294/112)

Language of the case: German

Parties

Claimant: Commission of the European Communities (represented by: M. Wilderspin, Agent, and R. van der Hout, lawyer)

Claimant:

Defendant: TH Parkner GmbH (Mühlhausen, Germany)

Defendant:

Form of order sought

| — | Order the defendant to pay to the claimant EUR 64 078,58 plus 6.04 % interest with effect from 1 August 2001 to 31 December 2002 and 8.04 % interest with effect from 1 January 2003; |
| --- | --- |

—

Order the defendant to pay to the claimant EUR 64 078,58 plus 6.04 % interest with effect from 1 August 2001 to 31 December 2002 and 8.04 % interest with effect from 1 January 2003;

| — | Order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The claimant entered into a contract with the defendant concerning the granting of an advance payment for the construction of a central heating plant with a thermo-electric converter (Stirling Motor) in industrial premises in Thuringia within the framework of the promotion of energy technology in Europe (THERMIE programme).

The Commission terminated this contract by letter of 4 December 1995 as the defendant had not used the amount paid to it in a manner consistent with the contract. The present action seeks to effect recovery from the defendant of the final outstanding instalment plus default interest.

---
§ 5.31 Security of systems of records. ( a ) *In general.* Each component will establish administrative and physical controls to prevent unauthorized access to its systems of records, to prevent unauthorized disclosure of records, and to prevent physical damage to or destruction of records. The stringency of these controls will correspond to the sensitivity of the records that the controls protect. At a minimum, each component's administrative and physical controls will ensure that: ( 1 ) Records are protected from public view;
( 2 ) The area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to them;
( 3 ) Records are inaccessible to unauthorized persons outside of business hours; and
( 4 ) Records are not disclosed to unauthorized persons or under unauthorized circumstances in either oral or written form.
( b ) *Procedures required.* Each component will have procedures that restrict access to records to only those individuals within the Department who must have access to those records to perform their duties and that prevent inadvertent disclosure of records.
Pension Benefit Guaranty Corporation 

75-40 

August 12, 1975 

REFERENCE: 

 [*1] 4021(a) Plans Covered. Requirements of Coverage 

OPINION: 

 This is to confirm your telephone conversation with * * * of my staff. You asked whether Section 4021(a) of the

Employee Retirement Income Security Act of 1974 (the "Act") covers only employee pension benefit plans or whether

it also covers employee welfare benefit plans. As * * * indicated, Section 4021(a) covers only employee pension benefit

plans as defined in paragraph 2 of Section 3 of the Act. 

We hope this is of assistance. 

Henry Rose 

General Counsel
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40550 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LUIS RAY VELA-SALINAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:03-CR-948-ALL

-------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: * Luis Ray Vela-Salinas (Vela) appeals the 84-month sentence he received following his guilty-plea conviction for unlawful reentry of a deported alien. For the first time on appeal, Vela argues, pursuant to Apprendi v. New Jersey , 530 U.S. 466 (2000), that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are elements of the offense, not sentencing enhancements, and are unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States , 523No. 04-40550 -2- U.S. 224 (1998), but raises it for possible review by the Supreme
Court. Vela also argues that if the Supreme Court determines that Blakely v. Washington , 124 S. Ct. 2531 (2004), applies to the United States Sentencing Guidelines, the district court could not enhance his sentence based on facts not admitted or found by a jury. As he concedes, any argument based on Blakely is foreclosed by United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004)(No. 04- 5263).
AFFIRMED.
# C_2007088EN.01001701.xml

| 21.4.2007 | EN | Official Journal of the European Union | C 88/17 |
| --- | --- | --- | --- |

21.4.2007

EN

Official Journal of the European Union

C 88/17

---

DECISION

DECISION

(2007/C 88/05)

THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities as established by Council Regulation (EEC, Euratom, ECSC) No 259/68 and last amended by Council Regulation (EC, Euratom) No 723/2004, and in particular Article 30 thereof,

Having regard to the Bureau decision on the determination of appointing authorities, last amended on 26 October 2004,

Having regard to open competitions

| | PE/90/A, PE/91/A, PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/99/A; |
| --- | --- |

PE/90/A, PE/91/A, PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/99/A;

| | EUR/A/149, EUR/A/155, EUR/A/158, EUR/A/159, EUR/A/161, EUR/A/167, EUR/A/169; |
| --- | --- |

EUR/A/149, EUR/A/155, EUR/A/158, EUR/A/159, EUR/A/161, EUR/A/167, EUR/A/169;

| | EUR/LA/156, EUR/LA/157; |
| --- | --- |

EUR/LA/156, EUR/LA/157;

| | PE/32/B, PE/34/B; |
| --- | --- |

PE/32/B, PE/34/B;

| | PE/132/C, PE/133/C, PE/134/C, EUR/C/153, EUR/C/160; |
| --- | --- |

PE/132/C, PE/133/C, PE/134/C, EUR/C/153, EUR/C/160;

Having regard to the opinion delivered by the Joint Committee at its meeting of 15 November 2006,

DECIDES

Article 1

The period of validity of the reserve lists for open competitions

| | PE/90/A, PE/91/A, PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/99/A; |
| --- | --- |

PE/90/A, PE/91/A, PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/99/A;

| | EUR/A/155, EUR/A/158, EUR/A/159, EUR/A/161, EUR/A/167, EUR/A/169; |
| --- | --- |

EUR/A/155, EUR/A/158, EUR/A/159, EUR/A/161, EUR/A/167, EUR/A/169;

| | EUR/LA/156, EUR/LA/157; |
| --- | --- |

EUR/LA/156, EUR/LA/157;

| | PE/32/B, PE/34/B; |
| --- | --- |

PE/32/B, PE/34/B;

| | PE/132/C, PE/133/C, PE/134/C, EUR/C/153, EUR/C/160; |
| --- | --- |

PE/132/C, PE/133/C, PE/134/C, EUR/C/153, EUR/C/160;

is extended until 31 December 2007.

Article 2

The period of validity of the reserve list for open competition EUR/A/149 is not extended.

Luxembourg, 7 December 2006

The Secretary-General

Julian PRIESTLEY

---
Opinion issued June 28, 2013.

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-13-00421-CV

———————————

IN RE JULIE NICOLE VIRGIN AND GREG ENOS, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Julie Nicole Virgin and her attorney, Greg Enos, seek mandamus 

relief from the trial judge’s orders for (1) declining to refer the motion to recuse the 

trial judge to the regional presiding judge and (2) failing to provide notice or a 

hearing before signing orders disqualifying Enos and imposing sanctions on him.1

 

 1 The underlying case is In re K.V., cause number 07FD2250, pending in the County 

Court at Law No. 3 of Galveston County, Texas, the Hon. Christopher Dupuy 

presiding.
2

Since relators filed their petition, the Texas Commission on Judicial Ethics has 

temporarily suspended the trial judge. In his absence, the parties attended a 

hearing during which a visiting judge vacated the challenged rulings. Relators 

move the Court to dismiss the petition on that basis. The motion is granted and the 

petition is dismissed. All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.