alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 14,656.

#### The People *v.*Wilson.

(107 P. [2d] 599)

Decided October 7, 1940.

Rehearing denied November 12, 1940.

Mr. Frank Delaney, for the people.

Mr. I. L. Quiat, Mr. Ralph J. Cummings, Mr. Allyn Cole, for defendant in error.

*499
      *En Banc.*

Mr. Justice Bakke

delivered the opinion of the court.

While strictly speaking this is not a companion case to *People v. Wilson,*106 Colo. 437, decided this date, it arose out of similar facts, the same parties are involved, and the alleged offenses charged in the indictment took place in the same community and at about the same time. However, a different question of law confronts us. The court set aside a verdict of guilty and dismissed the case. Proceeding pursuant to the provisions of section 500, chapter 48, ’35 C.S.A., C.L. §7113, plaintiff in error prosecutes this writ.

An indictment in two counts was returned against defendant in error, the charging portions of which read:

> “That M. E. Wilson * * did then and there unlawfully permit spirituous liquors to be sold and dispensed by a person under the age of twenty-one years namely, one Orie Nottingham, who was then and there an employee of the said M. E. Wilson contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same People of the State of Colorado.”

> “That the said M. E. Wilson * * * did then and there unlawfully permit one Orie Nottingham, who was then and there under the age of twenty-one years and then and there being an employee of the said M. E. Wilson •to participate in the sale and dispensing of spirituous liquors * *

At the trial a verdict of “not guilty” was returned on the first count and a verdict of “guilty” on the second count. Counsel for defendant in error interposed a motion in his behalf asking “that said verdict of guilty be not received, but rejected by the court, that the prisoner be discharged, and his bondsmen released * * Among the reasons given for objection to the verdict of guilty, were the following: That the verdict was not supported *500by the evidence, or by the law, and that it was contrary thereto; that the verdicts were inconsistent, in that since the jury returned a verdict of not guilty on the first count, and there was no evidence to support a verdict of guilty on the second count, the verdict on the second count should not be permitted to stand.

The motion, which may be regarded as one for a new trial on the second count, was granted. Thereupon the district attorney, after reserving an exception to the ruling of the court, announced, “that the people had made the best case possible and elected to stand on the evidence submitted.” Proceeding on its own motion the court dismissed the second count.

We think the court erred. Having granted the motion for a new trial, well within its discretion, it should have ordered a retrial on the second count in due course.

Judgment reversed.
#### § 5420.0-6 Policy.

All timber or other vegetative resources to be sold, except materials that qualify under § 5402.0-6(e) of this chapter, will be appraised to estimate fair market value. Measurement shall be by tree cruise, log scale, weight, or such other form of measurement as may be determined to be in the public interest.

[85 FR 82374, Dec. 18, 2020]
Document

Exhibit 10.2

NORDSON CORPORATION


RESOLUTION BY
THE BOARD OF DIRECTORS


CLOSURE OF THE SALARIED EMPLOYEE AND EXCESS DEFINED BENEFIT PENSION PLANS


March 2, 2021


NOW THEREFORE LET IT BE:


RESOLVED, the Board of Directors (the "Board") of Nordson Corporation (the "Company") hereby authorizes the closure of the following pension plans to new hires, contingent upon management’s approval and effective as administratively possible: the Nordson Corporation Salaried Employee Pension Plan and the Nordson Corporation 2005 Excess Defined Benefit Pension Plan (collectively, the “Plans”);


RESOLVED, that the officers of the Company are hereby authorized and directed to have prepared and to execute definitive legal documents reflecting the matters approved hereby including any instrument effecting changes to the Plans under authority of this Resolution and to take all such further action as they deem necessary or advisable to carry out the purpose of this Resolution.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 6/30/98
CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000894972
<NAME> CHANCELLOR MEDIA CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          14,257
<SECURITIES>                                         0
<RECEIVABLES>                                  303,116
<ALLOWANCES>                                    12,775
<INVENTORY>                                          0
<CURRENT-ASSETS>                               336,986
<PP&E>                                         228,036
<DEPRECIATION>                                  61,258
<TOTAL-ASSETS>                               5,403,377
<CURRENT-LIABILITIES>                          160,211
<BONDS>                                      2,278,000
<PREFERRED-MANDATORY>                          119,445
<PREFERRED>                                    409,500
<COMMON>                                         1,423
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,403,377
<SALES>                                        555,267
<TOTAL-REVENUES>                               555,267
<CGS>                                           70,744
<TOTAL-COSTS>                                  586,540
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,085
<INCOME-PRETAX>                                 20,316 
<INCOME-TAX>                                    31,784
<INCOME-CONTINUING>                           (28,170)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 31,865
<CHANGES>                                            0
<NET-INCOME>                                  (72,870)
<EPS-PRIMARY>                                   (0.55)
<EPS-DILUTED>                                   (0.55)
        

</TABLE>
Exhibit 4.1
​
DESCRIPTION OF COMPANY MEMBERSHIP INTEREST (“UNITS”)
Fast Act Exhibit 4(vi) “Description of registrant’s securities”
​
Summary
​
The following description summarizes certain important terms of ATEL 16, LLC’s (the “Company”) membership interests (the “Units”). This description summarizes the provisions that are included in the Company’s Amended and Restated Limited Liability Company Operating Agreement (the “Operating Agreement”). This summary will not provide all the information relevant to the Units. For a complete description of the Units, please refer to the applicable provisions of Company’s Operating Agreement and relevant California governing law.
​
Outstanding Units
​
4,274,486 Units have been subscribed by the members of the Company as of December 31, 2020.
​
General
​
Liquidity. The Units were offered and sold pursuant to registration under the Securities Act of 1933, and subsequently registered under the Securities Exchange Act of 1934.  However, the Units are subject to significant restriction on transferability in order to preserve the tax characterization of the Company and tax consequences for Unit holders.  Accordingly, the Units are not traded on any securities exchange and have limited liquidity.  Please review the rights of Unit holders for transfer of shares under the Operating Agreement.
​
Voting Rights. The holders of Units are entitled to one vote per share on any matter to be voted upon by holders of Units in the Company’s Operating Agreement. Certain rights may only be exercised upon receiving at least a majority of the votes entitled to be cast by Unit holders
​
Distributions. The holders of Units are entitled to distributions on a pro rata basis, if, as, and when distributed by the Manager.
​
Other Rights. No holder of Units has any priority or preemptive right as to the Units. 
​
Dissolution and Winding Up. Upon any voluntary or involuntary liquidation, dissolution, or winding up of the Company, the Unit holders are entitled to share ratably in all assets remaining after payment of creditors.
​
Transfer Agent and Registrar. The transfer agent and registrar of the Units is Conduent Inc.
<PAGE>
                                                                    EXHIBIT 32.1

                                  CERTIFICATION

In connection with the Annual Report on Form 10-K of Liquidmetal Technologies
Incorporated (the Company) for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, John
Kang, President and Chief Executive Officer of the Company, certify pursuant to
18 U. S. C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

     Date: November 9, 2004          By: /s/  John Kang
                                         -------------------------------------
                                         John Kang
                                         President and Chief Executive Officer
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#### § 3594.2 Support pillars.

Sufficient pillars shall be left during first mining to ensure the ultimate maximum recovery of mineral deposits prior to abandonment. All boundary pillars shall be 50 feet thick unless otherwise specified in writing by the authorized officer. Boundary and other main pillars shall be mined only with the written consent or by order of the authorized officer.
### **Subchapter B—Qualification Requirements for Manufacturers and Importers of Tobacco Products and Cigarette Papers and Tubes, and Export Warehouse Proprietors**

Sec.
5711.
Bond.
5712.
Application for permit.
5713.
Permit.

#### **Editorial Notes**

#### Amendments

**1997**—Pub. L. 105–33, title IX, §9302(h)(2)(C), Aug. 5, 1997, 111 Stat. 674, inserted "and Importers" after "Manufacturers" in subchapter heading.

**1965**—Pub. L. 89–44, title V, §502(b)(5), June 21, 1965, 79 Stat. 151, struck out reference to dealers in tobacco materials from subchapter heading.
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The view from Ram Head, facing St. John's mainland with rolling green hills, grey basalt boulders, and an assortment of green vegetation, all pictured beneath a dramatic stormy sky.Ram Head Trail. Photo courtesy of Alanna Smith/NPS.

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-22133-CIV-MARTINEZ 

RYAN MAUNES MAGLANA, 

on behalf of himself and all others 

similarly situated, 

 Plaintiff, 

vs. 

CELEBRITY CRUISES INC., 

 Defendant. 

__________________________________/ 

DEFENDANT’S SUGGESTION OF MOOTNESS 

AS TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

 Plaintiff’s collective bargaining agreement with Defendant requires him to assert his 

claims, if at all, in the arbitral forum required by the collective bargaining agreement. Nonetheless, 

and without waiving its right to seek to compel arbitration, Defendant states that Plaintiff has left 

the ship wholly independent of this action and is en route to his home country, thus mooting 

Plaintiff’s Corrected Motion For A Preliminary Injunction Compelling Defendant To Repatriate 

Its Filipino Crewmembers [DE 7]. 

Case 1:20-cv-22133-JEM Document 10 Entered on FLSD Docket 05/27/2020 Page 1 of 2
2 

Respectfully submitted, 

 HOLLAND & KNIGHT LLP 

 701 Brickell Avenue, Suite 3300 

 Miami, Florida 33131 

 (305) 374-8500 (telephone) 

 (305) 789-7799 (facsimile) 

 By: /s/ Scott D. Ponce 

Sanford L. Bohrer (FBN 160643) 

sbohrer@hklaw.com 

Alex M. Gonzalez (FBN 0991200) 

alex.gonzalez@hklaw.com 

Scott D. Ponce (FBN 0169528) 

sponce@hklaw.com 

HAMILTON, MILLER, & BIRTHISEL LLP 

Jerry D. Hamilton (FBN 970700) 

jhamilton@hamiltonmillerlaw.com 

Evan S. Gutwein (FBN 58741) 

egutwein@hamiltonmillerlaw.com 

Annalisa Gutierrez (FBN 97940) 

agutierrez@hamiltonmillerlaw.com 

150 S.E. Second Avenue, Suite 1200 

Miami, Florida 33131 

(305) 379-3686 (telephone) 

(305) 279-3690 (facsimile) 

Attorneys for Defendant 

CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that on May 27, 2020 I electronically filed this document using the 

Court’s CM/ECF system, which will automatically serve a copy on all counsel of record. 

 By: /s/ Scott D. Ponce 

#75191693_v1 

Case 1:20-cv-22133-JEM Document 10 Entered on FLSD Docket 05/27/2020 Page 2 of 2
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
-cr-06218-NCR Document 26 Entered on FLSD Docket 02/15/2001 P
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DISMISS; and Opinion Filed July 24, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-00787-CV

IN RE WILLIAM CLIFFORD BUTLER, Relator

Original Proceeding from the 292nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F92-20707 SV

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart

Opinion by Justice Lang-Miers

In this original proceeding, relator seeks a writ of mandamus directing the district court 

clerk to provide him access to the trial court record and trial transcript so that relator may review 

the record and file a petition for writ of habeas corpus in the Texas Court of Criminal Appeals. 

This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it 

is necessary to enforce our own jurisdiction. TEX. GOV’T CODE § 22.221(a) (court of appeals may 

only issue writ of mandamus against district and county judges or as necessary to enforce

jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 

(Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.) (citing In re Simpson, 997 S.W.2d 

939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court 
–2–

and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for 

writ of mandamus for want of jurisdiction.

180787F.P05

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
#### Charles Grillo, an Infant, by Louis Grillo, His Guardian ad Litem, et al., Appellants, v. Aaron Friedman, Respondent. Frank Dima, an Infant, by Vincenzo Dima, His Guardian at Litem, et al., Appellants, v. Aaron Friedman, Respondent.

In actions by two infants to recover damages for personal injuries, and by their fathers for expenses and loss of services, order denying plaintiffs’ motion for a new trial unanimously affirmed, with one bill of costs. No opinion. Present — Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ.
```

                                                                                          EXHIBIT 32

                        CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Advanced  Lumitech,  Inc. (the "Company") on Form 10-QSB
for the quarterly period ended March 31, 2006, as filed with the Securities and Exchange  Commission
on the date hereof (the "Report'), I, Patrick Planche, President, Chief Executive Officer, Treasurer
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, to the best of my knowledge, that:

(1)      The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
         Exchange Act of 1934; and

(2)      The information  contained in the Report fairly  presents,  in all material  respects,  the
         financial condition and result of operations of the Company.

/s/ Patrick Planche
---------------------------------------
Patrick Planche, President,
Chief Executive Officer, Treasurer and
Chief Financial Officer
June 30, 2006
```

----
Exhibit 32.1


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


I, Robert Spivak, 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 Grill Concepts, Inc. on Form 10-Q for the quarterly period ended March
27, 2005 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 Form 10-Q
fairly presents in all material respects the financial condition and results of
operations of Grill Concepts, Inc.


                                   By:   /s/ Robert Spivak
                                         ------------------------------
                                   Name: Robert Spivak
                                   Title: Chief Executive Officer
                                   May 27, 2005


<PAGE>