alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### FIRST NATIONAL CITY BANK, Plaintiff v. ERNESTO L. AQUINO and QUIRICO H. BASBAS, Defendants

Civil No. 1673-75

Superior Court of Guam

August 10, 1976

BENSON, *Judge*

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The above-entitled cause was tried before the court on August 4, 1976. Messrs. Barrett, Ferenz, Bramhall & Williams, Norman L. Ashton appearing, appeared for the Plaintiff. William Anderson, Esq. appeared for the Defendants.

A witness was sworn and examined, and documentary evidence was introduced by the Plaintiff. The evidence being closed, closing arguments of counsel were made. The cause being submitted to the court for decision on August 4, 1976, finds as facts the following:

FINDINGS OF FACT

1. The Defendants are shareholders and officers of Champion Enterprises, Inc.

2. In order to induce Plaintiff to extend credit to Champion Enterprises, Inc., Defendants on January 15, 1974, executed the “Continuing Guarantees” attached to the complaint as Exhibits A & B.

3. Principal and accrued interest due and unpaid by Champion Enterprises, Inc., to Plaintiff as of March 20, 1976, was $9,241.14.

Based on the facts as found, the court concludes:

*332CONCLUSIONS OF LAW

1. Plaintiff is entitled to judgment against the Defendants, jointly and severally, in the amount of $9,241.14 with interest at 6% per annum thereon from March 20, 1976, to date. The judgment shall bear interest at 6% per annum until paid.

2. Plaintiff is entitled to its costs. Let judgment be entered accordingly.

JUDGMENT

This action came on for trial before the Court on the 4th day of August, 1976, Honorable Richard H. Benson, Judge, presiding, sitting .without a jury. Plaintiff appearing with his attorney, Mr. Norman L. Ashton of Barrett, Ferenz, Bramhall *&*Williams, and defendants appearing by their attorney, Mr. William C. Anderson, and evidence both oral and documentary having been presented and the cause having been argued and submitted for decision, and the court having caused to be made and filed its written Findings of Fact and Conclusions of Law,

IT IS ORDERED, ADJUDGED AND DECREED that plaintiff have judgment against defendants Ernesto L. Aquino and Quirico H. Basbas in the amount of $9,241.14 with interest at 6% per annum thereon from March 20, 1976, to date, and the judgment shall bear interest at 6% per annum until paid, together with costs.
# C_2013129EN.01001402.xml

| 4.5.2013 | EN | Official Journal of the European Union | C 129/14 |
| --- | --- | --- | --- |

4.5.2013

EN

Official Journal of the European Union

C 129/14

---

Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission

(Case T-324/10) (1)

1

(Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)

2013/C 129/27

Language of the case: Dutch

Parties

Parties

Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)

Applicant:

Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)

Defendant:

Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)

Intervener in support of the applicant:

Re:

Re:

Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor; |
| --- | --- |

1.

Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV; |
| --- | --- |

3.

Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;

| 4. | Orders the Kingdom of Belgium to bear its own costs. |
| --- | --- |

4.

Orders the Kingdom of Belgium to bear its own costs.

---

(1)  OJ C 274, 9.10.2010.

1

---
EXHIBIT 31.1

CERTIFICATION

I, Michael Ryan, certify that:

1. I have reviewed this Annual Report on Form 10-K of Gilman + Ciocia., Inc.,
(the "Report");

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 registrant as
of, and for, the periods presented in this Report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and 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 registrant, 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 registrant'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 changes in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter, that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

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

      Date: September 27, 2005


                                                   /s/ Michael Ryan
                                                   -----------------------------
                                                   Chief Executive Officer


                                    Page 69
§ 375.101 The Commission. ( a ) *Establishment.* The Federal Energy Regulatory Commission is an independent regulatory commission within the Department of Energy established by section 401 of the DOE Act.
( b ) *Offices.* The principal office of the Commission is at 888 First Street, NE., Washington, DC 20426. Regional offices are maintained at Atlanta, GA, Chicago, IL, Portland, OR, New York, NY, and San Francisco, CA.
( c ) *Hours.* Unless the Chairman otherwise directs, the offices of the Commission are open each day, except Saturdays, Sundays, and Holidays, from 8:30 a.m. to 5:00 p.m.
( d ) *Sessions.* The Commission may meet and exercise its powers at any place in the United States. The time and place of meetings of the Commission are announced in advance as provided in § 375.204.
( e ) *Quorum.* A quorum for the transaction of business consists of at least three members present.
( f ) *Action by Commissioners or representatives.* The Commission may, by one or more of its members or by such agents as it may designate, conduct any hearing, or other inquiry necessary or appropriate to its functions, except that nothing in this paragraph supersedes the provisions of section 556, of Title 5, United States Code relating to Administrative Law Judges.
[45 FR 21217, Apr. 1, 1980, as amended by Order 647, 69 FR 32439, June 10, 2004]
#### § 34.6 Form and style.

Each application pursuant to this part 34 shall conform to the requirements of subpart T of part 385 of this chapter.

[Order 182, 46 FR 50514, Oct. 14, 1981, as amended by Order 225, 47 FR 19056, May 3, 1982]
Exhibit 99.1



Certification Pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002



In connection with the filing
of the Quarterly Report on Form 10-Q for the Quarter Ended March 30, 2003 (the Report) by Overhill Farms, Inc. (Registrant), the undersigned hereby certifies that:



| | 1. |  | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------



| | 2. |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|Date: May 19, 2003 |  | /s/ James Rudis                    
|------------------ |  | -----------------------------------
|                   |  | James Rudis Chief Executive Officer
<PAGE>

                                                                      Exhibit 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Richard A. Karp, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Catapult Communications Corporation on Form 10-Q for the fiscal
quarter ended June 30, 2004 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Quarterly Report on Form 10-Q fairly presents in all material
respects the financial condition and results of operations of Catapult
Communications Corporation.

                                            By: /s/ RICHARD A. KARP
                                               ---------------------------------
                                            Name:  Richard A. Karp
                                            Title: Chief Executive Officer

I, Christopher A. Stephenson, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Catapult Communications Corporation on Form 10-Q for the
fiscal quarter ended June 30, 2004 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such Quarterly Report on Form 10-Q fairly presents in
all material respects the financial condition and results of operations of
Catapult Communications Corporation.

                                            By: /s/ CHRISTOPHER A. STEPHENSON
                                               ---------------------------------
                                            Name:  Christopher A. Stephenson
                                            Title: Chief Financial Officer
**EARFULOF BOOKS, INC.**

**EXHIBIT11 - STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS (LOSS)**

 

 

 

 
|                        |   | **For the Years Ended December 31,** |       |
|-----------------------------|--------|--------------------------------------|------------|
|                        |   | **2001**                             |       | **2000** |   |
| Primary:                    |   |                                 |       |   |   |
| Average  Shares Outstanding |   | 16,949,163                           |       | 13,677,268 |   |
|                        |   |                                 |       |   |   |
| Net  Loss                   |   | $                                    | (4,596,061 | ) | $ | (2,554,698 | ) |
| Earnings  (Loss) Per Share  |   | $                                    | (0.27      | ) | $ | (0.19 | ) |

 

 

1

----
### SUBCHAPTER I—PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD
§ 385.1506 Notice of proposed penalty (Rule 1506). ( a ) Before issuing an order assessing a civil penalty under this subpart against any person, the Commission will provide to the person notice of the proposed penalty.
( b ) The notice of proposed penalty will: ( 1 ) Include the amount of the proposed penalty;
( 2 ) Include a statement of the material facts constituting the alleged violation; and
( 3 ) ( i ) Inform the person of the opportunity to elect in writing within 30 days of receipt of the notice to have the procedures of Rule 1509 (in lieu of those of Rule 1508) apply with respect to the assessment, or,
( ii ) If a final compliance order is issued under section 31(a) of the Federal Power Act, no notice of election will be provided for a violation of, or a failure or refusal to comply with, the final order.
### §§1701i, 1701i–1. Omitted

#### **Editorial Notes**

#### Codification

Section 1701i, act July 15, 1949, ch. 338, title VI, §603, 63 Stat. 440; 1953 Reorg. Plan No. 1, §5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, included the Secretary of Labor and the Secretary of Health, Education, and Welfare or their designees in the membership of the National Housing Council of the Housing and Home Finance Agency.

Section 1701i–1, act Sept. 1, 1951, ch. 378, title VI, §615, 65 Stat. 317, included the Secretary of Defense or his designee and excluded the Chairman of Board of Directors of Reconstruction Finance Corporation or his designee from National Housing Council membership.
#### § 11.1 Right to representation before the Government Accountability Office.

Each person having a claim or other rights assertable in the Government Accountability Office may pursue such claim or right individually or through an attorney or other representative.
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# Doing business in the Arkansas District

## Business requirements

SBA’s Business Guide lists the requirements needed to start, grow, and expand your business. Since laws and taxes vary by state, here’s what you need to do before starting your business in our area.

### Business name and registration

Register your business name with the county clerk where your business is located. If you are a corporation, you will also need to register with the Secretary of State.

### Business licensing and zoning

Licenses are typically administered by a variety of state and local departments. It is important to consider zoning regulations when choosing a site for your business. Contact the local business license office where you plan to locate your business. You may not be permitted to conduct business out of your home or engage in industrial activity in a retail district.

### Taxes

IRS Arkansas Taxpayer Assistance Center 700 W. CapitolLittle Rock, AR 72201Phone: 501-396-5711

State Taxes1816 W. Seventh St., Room 2250Little Rock, AR 72201Phone: 501-682-4775

### Health and safety

Arkansas Department of Labor900 W. Capitol Ave, Suite 400Little Rock, AR 72201Phone: 501-682-4500

Arkansas OSHA10421 W. Markham St., Room 317Little Rock, AR 72205Phone: 501-682-4523

## State small business profiles

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##  Local assistance

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## Additional local resources

###         State and local governments      

                    -  Arkansas State Website 

###         Community organizations      

                    -  Arkansas State Chamber of Commerce 
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                    -  Arkansas Economic Development Institute 
                    -  Little Rock Regional Chamber 

##           Download our guide to SBA resources        

Learn about the opportunities available for small businesses nationwide.

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#### The County of Clinton, for use, etc. *v.*John Schuster.

Chancery *jurisdiction—remedy at law.*If the assessor and treasurer receives fees and emoluments in excess of his compensation as fixed by the county board, and refuses or neglects to render any account thereof, a court of equity will have no jurisdiction to compel an account, there being a complete remedy at law, by action against him personally or upon his official bond, and an admission of the facts charged, by demurrer, does not change the rule.

Writ of Ebbob to the Circuit Court of Clinton county; the Hon. Amos Watts, Judge, presiding.

Messrs. Lietze, Stokee & Son, for the plaintiff in error.

Mr. Gr. VanHoobebeke, for the defendant in error.

Mr. Justice Scott

delivered the opinion of the Court:

Defendant was elected assessor and treasurer of the county of Clinton, was duly qualified, and held the office, performing its duties, from the first Monday in December, 1871, to the same date in 1873. Shortly after he entered upon the discharge of the duties of the office, the county board, under the statute, fixed his salary at $1500 per annum.

Under the law, it is claimed, it became his duty to make semi-annual reports, under oath, of all fees and emoluments which might come to his hands as such officer, and, after deducting therefrom his salary or compensation, to pay the bal*138anee into the county treasury, and, at the expiration of his term of office, to account for the same to his successor. During the period he held the office, it is charged, he received fees and emoluments amounting in the aggregate to the sum of $15,000; that he has neglected to render any account to the county board, as was his duty; that he has failed to pay any portion of the sum so received to his successor in office, and this bill is for an account of such fees and emoluments so received from his office, and when ascertained, after deducting his annual salaries, for a decree against defendant for the balance.

Without expressing any opinion on the merits of this controversy, it is sufficient to say, complainant has a complete and adequate remedy at law, and the facts, admitting them to be true, as the demurrer does, present no grounds for the interposition of a court of equity. There can be no reason for a discovery, for whatever official acts may have been done by defendant from which he derived *“*fees and emoluments,” are matters of record, and may be readily ascertained. Should it be made to appear defendant has received *“*fees and emoluments” from his office over and above the amounts allowed for annual salaries or compensation by the county board, the remedy, if any, is in an action at law, either against him personally or upon his official bond. Hence, complainant will be remitted to an action at law, to establish whatever claim it may have against defendant.

The decree will be affirmed.

*Decree 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 on Form 10-Q of Viasystems Group, Inc. (the “Company”) for the quarter ended June 30, 2010 (the “Report”) filed with the U.S. Securities and Exchange Commission on the date hereof, I, David M. Sindelar, as Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:





The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ David M. Sindelar


David M. Sindelar


Chief Executive Officer


(Principal Executive Officer)


August 9, 2010
§ 39.2 Jurisdiction and applicability. ( a ) Within the United States (other than Alaska and Hawaii), the Electric Reliability Organization, any Regional Entities, and all users, owners and operators of the Bulk-Power System, including but not limited to entities described in section 201(f) of the Federal Power Act, shall be subject to the jurisdiction of the Commission for the purposes of approving Reliability Standards established under section 215 of the Federal Power Act and enforcing compliance with section 215 of the Federal Power Act.
( b ) All entities subject to the Commission's reliability jurisdiction under paragraph (a) of this section shall comply with applicable Reliability Standards, the Commission's regulations, and applicable Electric Reliability Organization and Regional Entity Rules made effective under this part.
( c ) Each user, owner and operator of the Bulk-Power System within the United States (other than Alaska and Hawaii) shall register with the Electric Reliability Organization and the Regional Entity for each region within which it uses, owns or operates Bulk-Power System facilities, in such manner as prescribed in the Rules of the Electric Reliability Organization and each applicable Regional Entity.
( d ) Each user, owner or operator of the Bulk-Power System within the United States (other than Alaska and Hawaii) shall provide the Commission, the Electric Reliability Organization and the applicable Regional Entity such information as is necessary to implement section 215 of the Federal Power Act as determined by the Commission and set out in the Rules of the Electric Reliability Organization and each applicable Regional Entity. The Electric Reliability Organization and each Regional Entity shall provide the Commission such information as is necessary to implement section 215 of the Federal Power Act.