alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jansen *vs.*Acker & Rich.

In a suit by a third person *against an officer*for taking property by virtue of an execution, the officer to protect himself, is bound to show a *judgment*as well as *execution.*

A *nonsuit*may be granted after evidence lias been given on both sidps.

Error from the New-York common pleas. Jansen sued Acker and Rich in an action of *trespass de bonis asportatis.*He claimed title to the property under a bill of sale from one *James Anderson.*On the cross-examination of the plaintiff’s witnesses, the defendant attempted to show the sale fraudulent. The plaintiff rested ; and the defendants, who were the sheriff and a deputy sheriff of the city of New-York, read in evidence an *execution*against Anderson but did not produce a *judgment*sustaining the execution, and then moved for a nonsuit. Counsel were heard for and against the motion, and the court ordered a *nonsuit*to be entered. The *bill of exceptions*then stated “ whereupon the counsel of the said plaintiff conceiving that by the law of the land the several matters so as aforesaid, produced [ *481 ] . and *given in evidence on the part of the plaintiff were sufficient evidence to carry the cause to the jury, and that the cause could not be taken from the jury and a nonsuit entered after evidence had been given on the part of the defendant, made his exception to the said decision of the said judge, and inasmuch,” &c. The plaintiff sued out a writ of error.

*J. L. Wendell,*for the plaintiff in error.

*S. Stevens,*for the defendant in error.

Bronson, J.

*By the Court,*However fraudulent the sale from Anderson to the plaintiff may have been as against the creditors of the former, it was nevertheless valid as between the parties to the transaction; and the defence was not complete without showing a *judgment,*as well as *execution*against Anderson.

It was said on the argument that the plaintiff did not suggest this objection on the trial. That is more than we can see, or are authorized to infer from the bill of exceptions. The plaintiff resisted the motion for a nonsuit, and although it appears that the question was argued on both sides, it does not appear what reasons were assigned either for or against the motion. Under such circumstances we can make no presumption against either party —certainly not in favor of one and against the other. The exception is mainly directed against the power of the judge to nonsuit the plaintiff after evidence had been given upon both sides, a position which cannot be maintained, But I am inclined to think that the exception was not only designed *481to raise that question, but also the question whether the nonsuit was proper on the whole case as it appeared. The judgment must, therefore, be reversed and a new trial ordered in the C. P., when the defendants will have the opportunity of producing the judgment as well as the execution against Anderson.

Judgment reversed.
Exhibit 32.01

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 Serena Software, Inc. (the Company) for the fiscal quarter ended
October 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Nugent, 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:



|(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 results of operations of the Company at the dates and for
the periods presented.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    JOHN NUGENTJohn NugentPresident and Chief Executive Officer And Director


Date: December 9, 2010

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

This
Certification is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as
amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MARKELL JAKAR BROWN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D2022-2967

[January 25, 2024]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, 

Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 

18000109CFAXMX.

Cary Haughwout, Public Defender, and Mara C. Herbert, Assistant 

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, 

Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

WARNER, DAMOORGIAN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
§ 1918.104 Foot protection. ( a ) The employer shall ensure that each affected employee wears protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole.
( b ) ( 1 ) The employer must ensure that protective footwear complies with any of the following consensus standards: ( i ) ASTM F-2412-2005, “Standard Test Methods for Foot Protection,” and ASTM F-2413-2005, “Standard Specification for Performance Requirements for Protective Footwear,” which are incorporated by reference in § 1918.3;
( ii ) ANSI Z41-1999, “American National Standard for Personal Protection—Protective Footwear,” which is incorporated by reference in § 1918.3; or
( iii ) ANSI Z41-1991, “American National Standard for Personal Protection—Protective Footwear,” which is incorporated by reference in § 1918.3.
( 2 ) Protective footwear that the employer demonstrates is at least as effective as protective footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009]
EXHIBIT 21


                 KERR-McGEE CORPORATION AND SUBSIDIARY COMPANIES


                                  SUBSIDIARIES



                                         State or Country        Percent
      Name of Subsidiary                 of Incorporation         Owned
-----------------------------------      ----------------        -------

Kerr-McGee Oil & Gas Corporation              Delaware             100%
Kerr-McGee Oil (U.K.)PLC                      England              100%
Kerr-McGee Resources (U.K.) Limited           England              100%
Kerr-McGee North Sea (U.K.) Limited           England              100%
Kerr-McGee Chemical LLC                       Delaware             100%
Kerr-McGee L.P. Corporation                   Delaware             100%
Kerr-McGee Oil & Gas Onshore LLC              Delaware             100%


         A number of additional  subsidiaries  are omitted since,  considered in
the aggregate as a single  subsidiary,  they would not  constitute a significant
subsidiary as of December 31, 1999.
#### SWISHER v ORRISON CIGAR CO

Ohio Supreme Court

No 21854.

Decided April 2, 1930
#### ATKINSON, et v STATE

Ohio Appeals, 4th Dist, Vinton Co

Decided Oct. 8, 1930

Louis M. Day, Chillicothe ,for Atkinson.

C. O. Chapman, Prosecuting Attorney, McArthur, for State.

BY THE COURT

The only contention made here is that the judgments of conviction were not supported by sufficient evidence. The bill of exceptions is not by any means satisfactory but it purports to contain substantially all the evidence and further states that it contains all of the evidence in each of the three cases prosecuted against the plaintiffs in error. Wé have carefully gone over this bill of exceptions and read the evidence as it appears therein. It is our conclusion that such evidence wholly fails to support the judgments of the court below. The rule is well established that when circumstantial evidence alone is relied upon for the conviction of a party charged with a criminal offense such evidence must be of a character that makes it wholly inconsistent with any other interpretation than that the party charged is - guilty of the crime.

The- incriminating circumstances in this case as to the two Freeman boys were that they were found by the arresting officer about one hundred and fifty yards from the property claimed to have been possessed by them for the manufacture of intoxicating liquor. There is no other evidence whatever in the record to connect them with the possession of this property. As to Atkinson it appears from the evidence of one witness that a path led from a shanty occupied by him to the place where the property in question was found and that the path began at his shanty and ended at the location of the still. There is no description of this path and nothing to indicate- how much or how frequently it had been travelled. The evidence further discloses that Atkinson was living alone without a family and usually- away from home during the day time.

Upon a consideration of - all 'the evidence we find ourselves unable to affirm the judgments and they are therefore reversed' on the ground that they are not supported by sufficient evidence.

Middleton, PJ, Mauck and Blosser, JJ, concur.
[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Pages 31615-31616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12451]


-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Committee of Visitors; Special Emphasis Panel in Integrative 
Activities; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Committee of Visitors, Special Emphasis Panel in 
Integrative Activities (1373).
    Date and Time: June 14-15, 2000; 8:30 a.m.-5 p.m.; June 16, 
2000; 8:30 a.m.-12 p.m.
    Place: Room 390, National Science Foundation, 4201 Wilson Blvd., 
Arlington, VA.
    Type of Meeting: Part-Open.
    Agenda:

[[Page 31616]]



------------------------------------------------------------------------
      Dates         Meeting times     Type of session     Agenda topic
------------------------------------------------------------------------
6/14............  8:30-11:00.......  Open.............  Program
                                                         overview.
                  11:00-5:00.......  Closed...........  Review of
                                                         proposals,
                                                         proposal
                                                         processing.
6/15............  8:30-5:00........  Closed...........  Review of
                                                         proposals,
                                                         proposal
                                                         processing.
6/16............  8:30-11:00.......  Closed...........  Review of
                                                         proposals,
                                                         proposal
                                                         processing.
                  11:00-12:00......  Open.............  Presentation of
                                                         Findings.
------------------------------------------------------------------------

    Contact: Joseph F. Burt, Office of Integrative Activities, Room 
1270, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 
22230, (703) 306-1040.
    Purpose of Meeting: The Committee of Visitors for the Major 
Research Instrumentation Program (MRI) will meet to conduct a review 
of the process by which MRI proposals are reviewed and the outcomes 
achieved by funded MRI projects.
    Reason for Closing: During clsoed sessions, the Committee of 
Visitors will examine proposals that include information of a 
proprietary or confidential nature, including technical information; 
financial data, such as salaries; and personal information 
concerning individuals associated with the proposals. These matters 
are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in 
the Sunshine Act.

    Dated: May 12, 2000.
Karen J. York,
Committee Management Officer.
[FR Doc. 00-12451 Filed 5-17-00; 8:45 am]
BILLING CODE 7555-01-M
Glacier 

National Park 

Blackfeet Indian 

Reservation 

Rocky Boys 

Indian Reservation 

Ft. Belknap 

Indian Reservation 

CMR National

Wildlife Refuge 

Glacier 

National Park 

Blackfeet Indian 

Reservation 

Glacier 

National Park 

Blackfeet Indian
 

Reservation
 

Ft. Belknap Rocky Boys Indian Reservation Indian Reservation 

CMR National

Wildlife Refuge 

Rocky Boys 

Indian Reservation Ft. Belknap 

Indian Reservation 

CMR National

Wildlife Refuge 

Alternative B 

U.S. DEPARTMENT OF THE INTERIOR 

Bureau of Land Management

HiLine District 

Visual Resource Management (VRM)

Comparison of Alternatives 

Maps show the Visual Resource Management (VRM)

classifications for Alternatives B, C, and D. 

Boundaries are not intended to confer authority, responsibility, or 

jurisdiction over lands and waters that are not administered by the BLM. 

Proposed boundaries and regulations apply only to the BLMadministered lands within those boundaries. 

Map W.8 

N/A 

VRM Class 

1 2 3 4 

Alternative C 

Alternative D 

0 

Created by the Malta Field Office in December 2012 

Albers Equal Area, NAD83, Meters 

60 

Miles 

120 

This map is intended for display purposes.
 

This map may not meet National Map Accuracy Standards.
 

This product was developed through digital means and information may be updated without notification.
 

No warranty is made by the Bureau of Land Management as to the accuracy,
 

reliability, or completeness of these data for individual or aggregate use with other data, or for purposes not intended by the BLM.
# Amtsblatt C 184A/17.

| | ISSN 1725-2407 |
| --- | --- |
| Amtsblatt
  der Europäischen Union | C 184A |
| | |
| Ausgabe in deutscher Sprache | Mitteilungen und Bekanntmachungen | 47. Jahrgang17. Juli 2004 |

ISSN 1725-2407

Amtsblatt

der Europäischen Union

C 184A

Ausgabe in deutscher Sprache

Mitteilungen und Bekanntmachungen

47. Jahrgang17. Juli 2004

---

| Informationsnummer | Inhalt | Seite |
| --- | --- | --- |
| | III   Bekanntmachungen |
| | Rat |
| 2004/C 184A/1 | | 1 |

Informationsnummer

Inhalt

Seite

III   Bekanntmachungen

Rat

2004/C 184A/1

1

| DE | |
| --- | --- |

DE

---

III Bekanntmachungen

Rat

| 17.7.2004 | DE | Amtsblatt der Europäischen Union | CA 184/1 |
| --- | --- | --- | --- |

17.7.2004

DE

Amtsblatt der Europäischen Union

CA 184/1

---

STELLENAUSSCHREIBUNG

(Referenz A/014)

GENERALDIREKTOR

(2004/C 184 A/01)

Beim Generalsekretariat des Rates der Europäischen Union ist in der Generaldirektion H — Justiz und Inneres — die Stelle eines Generaldirektors zu besetzen.

Ausführlichere Informationen (in englischer und französischer Sprache) sowie die Bewerbungsformulare sind über die Auswahl- und Einstellungsabteilung unter der E-Mail-Adresse service.recrutement@consilium.eu.int oder über die Website http://ue.eu.int/concours erhältlich.

Bewerbungsfrist: 3. September 2004 (es gilt das Datum des Poststempels).

---
**Exhibit32.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Quarterly Report of Crdentia Corp. (the “Company”) on Form10-Q for the period ended June 30, 2007 as filed with the Securities andExchange Commission (the “Report”), I, John Kaiser, Chief Executive Officer ofthe Company, hereby certify as of the date hereof, solely for the purposes ofTitle 18, Chapter 63, Section 1350 of the United States Code, that to myknowledge:

1.                                       the Report fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934; and

2.                                       theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company at the datesand for the periods indicated.

ThisCertification has not been, and shall not be deemed, “filed” with theSecurities and Exchange Commission.
| Date: August 14, 2007 | By:    | /s/ John Kaiser                      |
|-----------------------|--------|--------------------------------------|
|                  |   | John Kaiser                          |
|                  |   | Chief Executive Officer and Director |

 

----
# Journal officiel C 198/5 ao

| | ISSN 1725-2431 |
| --- | --- |
| Journal officiel
  de l'Union européenne | C 198 |
| | |
| Édition de langue française | Communications et informations | 47e année5 août 2004 |

ISSN 1725-2431

Journal officiel

de l'Union européenne

C 198

Édition de langue française

Communications et informations

47e année5 août 2004

---

| Numéro d'information | Sommaire | page |
| --- | --- | --- |
| | I   Communications |
| | Commission |
| 2004/C 198/1 | Taux de change de l'euro | 1 |

Numéro d'information

Sommaire

page

I   Communications

Commission

2004/C 198/1

Taux de change de l'euro

1

| FR | |
| --- | --- |

FR

---

I Communications

Commission

| 5.8.2004 | FR | Journal officiel de l'Union européenne | C 198/1 |
| --- | --- | --- | --- |

5.8.2004

FR

Journal officiel de l'Union européenne

C 198/1

---

Taux de change de l'euro (1)

4 août 2004

(2004/C 198/01)

1 euro=

| | Monnaie | Taux de change |
| --- | --- | --- |
| USD | dollar des États-Unis | 1,1983 |
| JPY | yen japonais | 133,72 |
| DKK | couronne danoise | 7,4352 |
| GBP | livre sterling | 0,65960 |
| SEK | couronne suédoise | 9,1938 |
| CHF | franc suisse | 1,5394 |
| ISK | couronne islandaise | 86,33 |
| NOK | couronne norvégienne | 8,4145 |
| BGN | lev bulgare | 1,9558 |
| CYP | livre chypriote | 0,57940 |
| CZK | couronne tchèque | 31,769 |
| EEK | couronne estonienne | 15,6466 |
| HUF | forint hongrois | 250,14 |
| LTL | litas lituanien | 3,4528 |
| LVL | lats letton | 0,6527 |
| MTL | lire maltaise | 0,4245 |
| PLN | zloty polonais | 4,4350 |
| ROL | leu roumain | 40 954 |
| SIT | tolar slovène | 240,0100 |
| SKK | couronne slovaque | 40,120 |
| TRL | lire turque | 1 782 400 |
| AUD | dollar australien | 1,7079 |
| CAD | dollar canadien | 1,5844 |
| HKD | dollar de Hong Kong | 9,3465 |
| NZD | dollar néo-zélandais | 1,8624 |
| SGD | dollar de Singapour | 2,0667 |
| KRW | won sud-coréen | 1 399,08 |
| ZAR | rand sud-africain | 7,5483 |

Monnaie

Taux de change

USD

dollar des États-Unis

1,1983

JPY

yen japonais

133,72

DKK

couronne danoise

7,4352

GBP

livre sterling

0,65960

SEK

couronne suédoise

9,1938

CHF

franc suisse

1,5394

ISK

couronne islandaise

86,33

NOK

couronne norvégienne

8,4145

BGN

lev bulgare

1,9558

CYP

livre chypriote

0,57940

CZK

couronne tchèque

31,769

EEK

couronne estonienne

15,6466

HUF

forint hongrois

250,14

LTL

litas lituanien

3,4528

LVL

lats letton

0,6527

MTL

lire maltaise

0,4245

PLN

zloty polonais

4,4350

ROL

leu roumain

40 954

SIT

tolar slovène

240,0100

SKK

couronne slovaque

40,120

TRL

lire turque

1 782 400

AUD

dollar australien

1,7079

CAD

dollar canadien

1,5844

HKD

dollar de Hong Kong

9,3465

NZD

dollar néo-zélandais

1,8624

SGD

dollar de Singapour

2,0667

KRW

won sud-coréen

1 399,08

ZAR

rand sud-africain

7,5483

---

(1)

Source: taux de change de référence publié par la Banque centrale européenne.

---
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.                  

###### Nuclear Regulatory Commission

# FOR FURTHER INFORMATION CONTACT:

Mr. Michael T. Markley, cognizant ACRS staff engineer (telephone 301/415-6885) between 7:30 a.m. and 4:15 p.m. (EDT).

Dated: May 10, 2000.

Howard J. Larson,

Acting Associate Director for Technical Support, ACRS/ACNW.

[FR Doc. 00-12301  Filed 5-15-00; 8:45 am]

BILLING CODE 7590-01-P
#### The People of the State of New York, Respondent, v David L. Soulsby, Appellant.

[699 NYS2d 244]

—Judgment unanimously affirmed. Memorandum: Defendant’s knowing, voluntary and intelligent waiver of the right to appeal *831forecloses our review of defendant’s contention concerning the severity of the sentence *(see, People v Hidalgo,*91 NY2d 733, 736; *People v Seaberg,*74 NY2d 1, 11). Contrary to the contention of defendant, he was properly sentenced as a second felony offender *(see,*Penal Law § 70.06 [1] [b]). Furthermore, contrary to the contention raised by defendant in his *pro se*supplemental brief, the waiver of the right to appeal encompassed the contention that defendant was denied effective assistance of counsel *(cf., People v Ferguson,*192 AD2d 800, *lv denied 82*NY2d 717), and, in any event, that contention is without merit *(see, People v Baldi,*54 NY2d 137, 147). (Appeal from Judgment of Niagara County Court, Fricano, J. — Sodomy, 1st Degree.) Present— Denman, P. J., Hayes, Hurlbutt, Scudder and Balio, JJ.
#### § 1919.37 Competent persons.

All gear certification functions shall be performed by competent persons as set forth in the following table:

| Functions | Competent person |
| --- | --- |
| Any testing, examination, inspection, or heat treatment required in United States ports | Responsible individual, surveyor or other authorized agent of a person accredited by the Administration under the regulations contained in this part. |
| Any testing, examination, inspection, or heat treatment required while the vessel is in other than United States ports | Responsible individual, surveyor or other authorized agent of persons recognized by the Commandant of the United States Coast Guard or by a foreign nation whose certification is accepted by the Administration as being in substantial accordance with § 1918.12(a) of this chapter. |
| Testing, examination and inspection of loose gear or wire rope; heat treatment of loose gear | Employees or authorized agents of persons accredited specifically by the Administration for this purpose under the regulations contained in this part, or the manufacturer of the gear concerned unless disapproved by the Assistant Secretary. |