alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
38900.

#### LUNDIN *et al.*v. HILL.

Carlisle, Presiding Judge.

1. Where parties enter into a contract for the purchase and sale of real estate which contract provides that the sale shall be consummated on a date certain, the subsequent “agreement” of the parties to the instrument to extend the time for closing, nothing else appearing, operates as a waiver by the seller of his right to have strict enforcement of the terms of the contract as to the - date for closing the sale. *Jordan v. Rhodes,*24 Ga. 478; *Ellis v. Bryant,*120 Ga. 890 (48 SE 352); *Eaton v. Harwood,*198 Ga. 240 (31 SE2d 473); *Jackson v. L. S. Brown Co.,*86 Ga. App. 310 (71 SE2d 521).

2. Accordingly, where the copy of the contract attached to the petition recites that the buyer has paid to the seller the sum of $1,200 as earnest money, and that in the event the sale is not consummated for reasons other than the default of the *144buyer, the earnest money is to be refunded to the buyer; and, where the petition alleges that the term for the performance of the contract was mutually extended by the parties and that thereafter the defendant seller sold the property, which was the subject matter of the contract of sale, to a third party, thus rendering performance of the contract by the defendant seller impossible, the petition will on general demurrer be construed as a simple action on the contract to recover the earnest money under the provision of the contract referred to. The petition was not subject to general demurrer and the trial court did not err in overruling the general demurrer.

Decided June 20, 1961

Rehearing denied July 11, 1961.

*Robert W. Spears, Wm. C. Grant,*for plaintiffs in error.

*Woodruff, Latimer, Saveli, Lane & Williams, Benj. B. Blackburn, III,*contra.

3. When the petition is viewed in the light of the ruling made in the preceding headnote, none of the special demurrers filed by the defendant is meritorious. It follows that the trial court did not err in overruling the special demurrers.

*Judgment affirmed.*

*Nichols and Eberhardt, JJ., concur.*
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.3870 *Trypanosoma* spp. serological reagents. ( a ) *Identification. Trypanosoma* spp. serological reagents are devices that consist of antigens and antisera used in serological tests to identify antibodies to *Trypanosoma* spp. in serum. The identification aids in the diagnosis of trypanosomiasis, a disease caused by parasitic protozoans belonging to the genus *Trypanosoma.* Trypanosomiasis in adults is a chronic disease characterized by fever, chills, headache, and vomiting. Central nervous system involvement produces typical sleeping sickness syndrome: physical exhaustion, inability to eat, tissue wasting, and eventual death. Chagas disease, an acute form of trypanosomiasis in children, most seriously affects the central nervous system and heart muscle.
( b ) *Classification.* Class I (general controls).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S DECEMBER 31, 1999 CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          10,440
<SECURITIES>                                         0
<RECEIVABLES>                                   48,190
<ALLOWANCES>                                     8,333
<INVENTORY>                                      5,941
<CURRENT-ASSETS>                                63,895
<PP&E>                                         434,530
<DEPRECIATION>                                 188,934
<TOTAL-ASSETS>                                 451,930
<CURRENT-LIABILITIES>                          101,526
<BONDS>                                        538,185
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                   (188,444)
<TOTAL-LIABILITY-AND-EQUITY>                   451,930
<SALES>                                         64,563
<TOTAL-REVENUES>                               325,165
<CGS>                                           72,035
<TOTAL-COSTS>                                  148,650
<OTHER-EXPENSES>                                78,147
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              65,310
<INCOME-PRETAX>                               (99,867)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (99,867)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (99,867)
<EPS-BASIC>                                     (2.47)
<EPS-DILUTED>                                   (2.47)


</TABLE>
Exhibit 32.1

# Written Statement of
the Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C.
§1350

Solely
for the purposes of complying with 18 U.S.C. §1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, we, the undersigned President and Chief Executive
Officer and Vice President Law/Finance and Secretary of Ladish Co., Inc. (the
Company), hereby certify, based on our knowledge, that the Report on Form 10-Q
of the Company for the quarter ended June 30, 2007 (the Report) fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

/s/ Kerry L. Woody  Kerry L. Woody President and Chief
Executive Officer

/s/ Wayne E. Larsen  Wayne E. Larsen Vice President
Law/Finance & Secretary

July 25, 2007
# C_2015236EN.01003901.xml

| 20.7.2015 | EN | Official Journal of the European Union | C 236/39 |
| --- | --- | --- | --- |

20.7.2015

EN

Official Journal of the European Union

C 236/39

---

Judgment of the General Court of 4 June 2015 — Bora Creations v OHIM (gel nails at home)

(Case T-140/14) (1)

1

((Community trade mark - Application for Community word mark gel nails at home - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 236/52)

Language of the case: German

Parties

Parties

Applicant: Bora Creations, SL (Ceuta, Spain) (represented by: R. Lange, G. Hild and E. Schalast, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 December 2013 (Case R 450/2013-1) concerning registration of the word sign gel nails at home as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Bora Creations, SL to pay the costs. |
| --- | --- |

2.

Orders Bora Creations, SL to pay the costs.

---

(1)  OJ C 135, 5.5.2014.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-END>                               MAR-30-1997
<CASH>                                        (72,000)
<SECURITIES>                                 2,100,000
<RECEIVABLES>                                2,111,000
<ALLOWANCES>                                   603,000
<INVENTORY>                                  2,059,000
<CURRENT-ASSETS>                             9,135,000
<PP&E>                                     112,399,000
<DEPRECIATION>                              23,557,000
<TOTAL-ASSETS>                             144,170,000
<CURRENT-LIABILITIES>                       11,426,000
<BONDS>                                      5,977,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       157,000
<OTHER-SE>                                 113,571,000
<TOTAL-LIABILITY-AND-EQUITY>               144,170,000
<SALES>                                     30,100,000
<TOTAL-REVENUES>                            30,186,000
<CGS>                                        9,162,000
<TOTAL-COSTS>                               17,248,000
<OTHER-EXPENSES>                            10,013,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             250,000
<INCOME-PRETAX>                                883,000
<INCOME-TAX>                                   327,000
<INCOME-CONTINUING>                            556,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   556,000
<EPS-PRIMARY>                                     0.04
<EPS-DILUTED>                                     0.04
        

</TABLE>
# C_2015320EN.01002801.xml

| 28.9.2015 | EN | Official Journal of the European Union | C 320/28 |
| --- | --- | --- | --- |

28.9.2015

EN

Official Journal of the European Union

C 320/28

---

Order of the General Court of 22 July 2015 — European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA

(Case T-724/14) (1)

1

((Action for annulment - Arbitration clause - Action programme ‘Lifelong Learning (2007-2013)’ - ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project - Pre-information letter - Debit note - Identification of the defendant - Partial inadmissibility))

(2015/C 320/44)

Language of the case: French

Parties

Parties

Applicants: European Children’s Fashion Association (Valencia, Spain); and Instituto de Economía Pública, SL (Valencia) (represented by: A. Haegeman, lawyer)

Applicants:

Defendants: European Commission (represented by: S. Delaude and S. Lejeune, acting as Agents) and ‘Education, Audiovisual and Culture’ Executive Agency (EACEA) (represented by: H. Monet and A. Jaume, acting as Agents)

Defendants:

Re

Re

Primarily, application, pursuant to Article 272 TFEU, seeking to have declared as unfounded EACEA’s request for recovery of grants paid to the first applicant under the agreement for the execution of the ‘Brand & Merchandising Manager for SMEs in the Children’s Product Sector’ project, or, in the alternative, application for annulment, first, of EACEA’s pre-information letter of 1 August 2014 informing the first applicant that it had to reimburse the sum of EUR 82  378,81 following the audit of the that project and, second, of debit note No 3241401420, issued by EACEA on 5 August 2014, seeking the reimbursement of that sum.

Operative part of the order

Operative part of the order

| 1) | The action is dismissed as inadmissible in so far as it relates to the European Commission. |
| --- | --- |

1)

The action is dismissed as inadmissible in so far as it relates to the European Commission.

| 2) | European Children’s Fashion Association and Instituto de Economía Pública, SL are ordered to pay the costs of the proceedings. |
| --- | --- |

2)

European Children’s Fashion Association and Instituto de Economía Pública, SL are ordered to pay the costs of the proceedings.

---

(1)  OJ C 7, 12.1.2015.

1

---
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O S . A P - 7 5 , 5 4 8 , A P - 7 6 , 5 4 9 , A P - 7 6 , 5 5 0 & A P - 7 6 , 5 5 1

E X P A R T E J O H N E . O S H I A , A p p l i c a n t

O N A P P L I C A T I O N S F O R A W R I T O F H A B E A S C O R P U S C A U S E N O S . 1 1 1 5 3 5 5 - A , 1 1 1 5 3 5 6
- A , 1 1 1 5 3 5 7 - A , a n d 1 1 1 5 3 5 8
- A I N T H E 2 6 3 r d D I S T R I C T C O U R T F R O M H A R R I S C O U N T Y

P e r c u r i a m . O P I N I O N Pursuant to the provi s i o n s o f Article 11.07 of the Texas Code of Criminal Procedur e, the cler k of t he trial court transmitt ed to this Court these applications for a writ of h abea s corpus. Ex parte Y oung , 418 S.W

. 2 d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four separ ate ag g rava ted sexual assault of a child offe nses and sentenc ed to fiftee n y ear s’ imprisonment in eac h cause . He did not appe al his convictions. Applicant contends that his sentenc es are illega l. T h e rec ord ref lects the Applicant was orig inally assessed two five y ear sentenc es and two ten y ear sentenc es in these case s. The imposit ion2

of t he se n t en ce s was then suspended, and the Appli cant placed on community supervision for ten
y ear s. The State su b s eq u en t l y filed motions to revoke the Applicant’s rele ase to community supervision, and the trial court sentenc ed the Applicant to fiftee n y ear s’ imprisonment in eac h cause . The Applicant is entitled to relief

. As corr ectly noted by the t rial court, when a defe ndant has his commu n i t y s u p er vision revoke d, a court may dispose of the case as if there had been no community supervision, or upon proper deter mination, may sentenc e a defe ndant to a shorter term of conf inement. T E X C O D E C R I M . P R O C . Art. 42.12 § 23(a ). Relief is g rante d. The sentenc es in Cause Nos. 1115355-A, 1115356-A, 1115357-A, and 1 115358-A in the 263rd J udicial District Court of Har ris County are set aside, and Applicant is

rema nded to the custody of the sheriff of Har ris County to answe r the char g es as set out in the State’s motions t o revoke community supervision. Copies of this op in io n s h a ll b e s e n t to th e Texas Depa rtment of Criminal J ustice–Corre ctional I nstitut ions Division and Pardons and Paroles Division.

Deliver ed: May

11, 2011 Do Not Publish
Editorial Note on Part 864
Editorial Note: Nomenclature changes to part 864 appear at 73 FR 35341, June 23, 2008.

§ 864.7825 Sickle cell test. ( a ) *Identification.* A sickle cell test is a device used to determine the sickle cell hemoglobin content of human blood to detect sickle cell trait or sickle cell diseases.
( b ) *Classification.* Class II (performance standards).
[45 FR 60627, Sept. 12, 1980]
<PAGE>


                                                                  EXHIBIT 4.2(a)

                        LIST OF REGISTRANT'S SHAREHOLDERS
                 WHO ENTERED INTO REGISTRATION RIGHTS AGREEMENT
                  REFERENCED IN EXHIBIT 4.2 WITH THE REGISTRANT

<TABLE>
<CAPTION>
         Shareholder                                          Number of Shares
         -----------                                          ----------------
<S>                                                           <C>
1.  Massoud Yashouafar                                            2,000,000
2.  Solayman Yashouafar                                           1,790,000
3.  H. Joseph Nourmand                                              535,000
4.  Doris Nourmand                                                  465,000
5.  Raymond Yashouafar                                               70,000
6.  Revytal Yashouafar                                               70,000
7.  H. Joseph Nourmand and Doris Nourmand,                           70,000
    as joint custodians of shares held in the names
    of their two minor daughters
</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Center for Research Resources Special Emphasis Panel;                       

*Date:*                         March 25, 2010.                    

*Time:*                         8 a.m. to 12 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         6701 Democracy Blvd., Democracy 1, 1082, Bethesda, MD (Virtual Meeting).                    

*Contact Person:*                         Sheri A. Hild, PhD, Scientific Review Officer, National Institutes of Health, National Center for Research Resources, Office of Review, 6701 Democracy Blvd, Rm. 1082, Bethesda, MD 20892, 301-435-0811,                         *hildsa@mail.nih.gov*
      ( print page 9911)    
(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical Technology; 93.389, Research Infrastructure, 93.306, 93.333; 93.702, ARRA Related Construction Awards, National Institutes of Health, HHS)

Dated: February 24, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-4478 Filed 3-3-10; 8:45 am]

BILLING CODE 4140-01-P
<PAGE>   1
                                                                    EXHIBIT 11.2

                             WEBLINK WIRELESS, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)

<TABLE>
<CAPTION>
                                                      THREE MONTHS ENDED DECEMBER 31, 1998
                                                  -------------------------------------------
                                                     NUMBER       PERCENT        EQUIVALENT
                                                    OF SHARES    OUTSTANDING       SHARES
                                                  ------------   -----------    ------------
<S>                                               <C>            <C>            <C>
COMMON STOCK
   From Founders' Stock                              2,300,000      100.00%        2,300,000
   Stock Options Exercised                           1,060,225       99.77%        1,057,752
   Preferred Stock Converted to Common Stock        15,310,943      100.00%       15,310,943
   1994 Common Stock Offerings                      11,242,857      100.00%       11,242,857
   1995 Common Stock Offerings                       4,323,874      100.00%        4,323,874
   1996 Common Stock Offering                        6,000,000      100.00%        6,000,000
   Employee Stock Purchase Plan Shares Issued          110,943       81.90%           90,862
   Warrants Exercised                                   49,450      100.00%           49,450
                                                  ------------                  ------------
                                                    40,398,292                    40,375,738

WEIGHTED AVERAGE SHARES OUTSTANDING                                               40,375,738

NET LOSS                                                                        $(14,831,244)

NET LOSS PER SHARE                                                              $      (0.37)
                                                                                ============
</TABLE>
# C_2017038EN.01002602.xml

| 6.2.2017 | EN | Official Journal of the European Union | C 38/26 |
| --- | --- | --- | --- |

6.2.2017

EN

Official Journal of the European Union

C 38/26

---

Judgment of the General Court of 15 December 2016 – Philips and Philips France v Commission

(Case T-762/14) (1)

1

((Competition - Agreements, decisions and concerted practices - Smart card chips - Decision finding an infringement of Article 101 TFEU - Exchange of commercially sensitive information - Infringement by object - Single and continuous infringement - Principle of sound administration - Duty of care - Proof - 2006 Leniency Notice - Settlement Notice - Limitation period - 2006 Guidelines on the method of setting fines - Value of sales))

(2017/C 038/35)

Language of the case: English

Parties

Parties

Applicants: Koninklijke Philips NV (Eindhoven, Netherlands), Philips France, (Suresnes, France) (represented by: J. de Pree, S. Molin, A. ter Haar and T.M. Snoep, lawyers)

Applicants:

Defendant: European Commission (represented by: A. Biolan, A. Dawes, J. Norris-Usher and P. Van Nuffel, acting as Agents)

Defendant:

Re:

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 6250 final of 3 September 2014 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39574 — Smart Card Chips) or, in the alternative, for the cancellation of or a reduction in the fine imposed on the applicants.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Koninklijke Philips NV and Philips France to bear their own costs and to pay those of the European Commission. |
| --- | --- |

2.

Orders Koninklijke Philips NV and Philips France to bear their own costs and to pay those of the European Commission.

---

(1)  OJ C 73, 2.3.2015.

1

---
EXHIBIT 23.1

          CONSENT OF INDEPENDENT ACCOUNTANTS



          We consent to the incorporation by reference in the registration
          statement of Ambassadors International, Inc. on Form S-8 of our
          report, which includes an explanatory paragraph concerning a
          change in accounting for impairment of long-lived assets in 1996,
          dated February 9, 1998, except for the first paragraph of Note 12
          as to which the date is February 19, 1998, on our audits of the
          consolidated financial statements of Ambassadors International,
          Inc. as of December 31, 1997 and 1996 and for the three years in
          the period ended December 31, 1997, which report is included in
          this annual Report on Form 10-K.


                             /s/COOPERS & LYBRAND L.L.P.


          Spokane, Washington
          March 26, 1998