alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE PEOPLE OF THE STATE OF NEW YORK, Appellant, *v.*THOMAS PHILLIPS and IMPORTERS’ TEA COMPANY, Respondents.

*Order of arrest under Code of Ovoil Procedure, sec.*549, *subd.*3 — *cannot be granted in an action-to recovei1 prop&rty, forfeited because used for lottery purposes*— *Penal Code, sec.*332.

Subdivision 3 of section 549 of the Code of Civil Procedure, authorizing the granting of an order of arrest in an action brought to recover money, funds, credits or property, held or owned by the State, or for or on behalf of a public or governmental interest, * * * which the defendant has without right obtained, received, converted or disposed of, does not authorize such an order to be granted in an action brought by the people to recover property which is alleged'to have been forfeited to the State by reason of the defendant’s having offered the same for sale or distribution, in violation of the provisions-of the Penal Code against lotteries.

*554. Appeal from an order of the Erie Special Term, vacating an order of arrest.

*E■hoard W.*Hatch, district attorney, for the appellant.

*Fullerton da*Hazel, for the respondents.

Smith, P. J.:

The order of arrest was granted upon proof that the property, for the recovery of which, or the proceeds thereof, the action is -brought, was offered for sale "or distribution by the defendants in violation of the provisions of the Penal Code against lotteries, and on that ground it was claimed- that such property was forfeited to the State. (Penal Code, § 332.) The only title which the plaintiffs claim to the property in suit is through such alleged forfeiture.

The plaintiffs claim that the order of arrest was authorized by subdivision 3 of section 549 of the Code of Civil Procedure. We do not think the claim can b.e maintained.

•That provision is taken from chapter 28 of the Laws of 18L5, which, as is well known, was adopted in consequence of the enor- ' tnous peculations at that time complained of, and was intended to give a remedy in like cases. It - applies to cases where funds or other property belonging to the public, have come into the hands or control of a wrong-doer, and does not apply to an action brought, as this is, for the double purpose of declaring property in the lawful possession of the defendant to be forfeited to the State, and directing it to be transferred to the possession of the plaintiff, by virtue of such forfeiture.

The *vacatur*should be affirmed, with ten dollars costs and disbursements.

Hardin and Parker, JJ., concurred.

So ordered.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 12

- 00070

- CR

EFRAIN MUNIZ APPELLANT

V.

THE STATE OF TEXAS STATE

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

FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

----------

We have considered appellant’s “ Motion To Withdraw Appeal. ” No

decision of this court having been delivered before we received this motion, we

grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f).

PER CURIAM

1 See Tex. R. App. P. 47.4.2

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH

Tex. R. App

. P. 47.2(b)

DELIVERED: May 1 7 , 2012
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 of Pop N Go, Inc. (the Company) on Form 10-QSB for the period ended December 31, 2007, as filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

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 operation of the Company.

|                         |                                                                
|------------------------ | ---------------------------------------------------------------
|Date:
February 22,, 2008 |                                                                
|                         | By:/s/ Melvin Wyman                                            
|                         | Name:Melvin Wyman                                              
|                         | Title:Chief Executive Officer and Principal Accounting  Officer
|                         |                                                                



A signed original of this written statement required by Section 906, or other document authentications, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Pop N Go, Inc. and will be retained by Pop N Go, Inc. and furnished to the United States Securities and Exchange Commission or its Staff upon request.
```

[Journal of the House of Representatives, 1995]
[Tuesday, April 4, 1995 (55), Para 55.10 Sexual Crimes Against Children Prevention]
[Page 529]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.55.10  sexual crimes against children prevention

  Mr. SCHIFF moved to suspend the rules and pass the bill (H.R. 1240) to 
combat crime by enhancing the penalties for certain sexual crimes 
against children; as amended.
  The SPEAKER pro tempore, Mr. BUNNING, recognized Mr. SCHIFF and Mr. 
CONYERS, each for 20 minutes.
  After debate,
  The question being put, viva voce,
  Will the House suspend the rules and pass said bill, as amended?
  The SPEAKER pro tempore, Mr. BUNNING, announced that two-thirds of the 
Members present had voted in the affirmative.
  Mr. SCHIFF objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

417

When there appeared

Nays

0
```
```

[Journal of the House of Representatives, 1995]
[Tuesday, April 4, 1995 (55), Para 55.7 Message from the Senate]
[Page 529]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.55.7  message from the senate

  A message from the Senate by Mr. Hallen, one of its clerks, announced 
that the Senate had passed without amendment a concurrent resolution of 
the House of the following title:

       H. Con. Res. 34. Concurrent resolution authorizing the use 
     of the Capitol Grounds for the Ringling Bros. and Barnum & 
     Bailey Circus Anniversary Commemoration.
```
| 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 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5. | The registrant's other certifying officer 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): |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                 |   |                                              |
|----------------------|--------|---------------------------------------------------|
|                 |   |                                              |   |
| DATE: August 5, 2011 | By:    | /s/ Aubrey B. Patterson                           |   |
|                 |   | Aubrey B. Patterson                               |   |
|                 |   | Chairman of the Board and Chief Executive Officer |   |
Exhibit 10.13

                         GRAND HAVANA ENTERPRISES, INC.
                       1990 WESTWOOD BOULEVARD, PENTHOUSE
                              LOS ANGELES, CA 90025


                               September 26, 2004


United Film Distributors, Inc.
1990 Westwood Boulevard, Third Floor
Los Angeles, California  90025
Attention:  Brian Shuster

Dear Mr. Shuster:

      When   countersigned  by  you  below,  this  letter  will  set  forth  our
understanding and constitute our agreement as to the following:

      As of September 26, 2004, Grand Havana  Enterprises,  Inc. (the "Company")
is indebted to United Film Distributors,  Inc., a Delaware  corporation ("United
Film"),  in the total amount of  $798,785.98,  which  represents  $463,635.16 in
principal and $335,150.82 in unpaid interest accrued as of the date hereof, as a
result of that certain  Promissory  Note,  dated March 1, 2004, in the principal
amount of $782,916.88 (the "Outstanding  Promissory  Note").  United Film hereby
acknowledges and agrees that the Outstanding Promissory Note is hereby cancelled
and terminated effective as of the date hereof, without any further liability or
obligations  by  the  Company   thereunder  and,  in   consideration   for  such
cancellation  and  termination,  the  Company  will issue to United  Film a new,
unsecured promissory note in the amount of $798,785.98.

      This  letter  agreement  may be executed  in two or more  counterparts  by
original or facsimile  signature,  each of which when so executed will be deemed
to be an original,  and all of which  together will be deemed to constitute  one
and the same agreement.

<PAGE>

      If the  foregoing  is in  accordance  with your  understanding,  please so
indicate by signing where  provided  below and returning one  fully-signed  copy
hereof to us,  whereupon this letter will  constitute an agreement fully binding
on the parties  hereto in accordance  with its terms under the laws of the State
of California.


                                        Very truly yours,


                                        GRAND HAVANA ENTERPRISES, INC.,
                                        a Delaware corporation


                                        By: /s/ Stanley Shuster
                                            ------------------------------------
                                            Name:  Stanley Shuster
                                            Title: President


                                        AGREED AND ACCEPTED:


                                        UNITED FILM DISTRIBUTORS, INC.
                                        a Delaware corporation


                                        By: /s/ Brian Shuster
                                            ------------------------------------
                                            Name:  Brian Shuster
                                            Title: President


                                       2
[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Page 35484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3168]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator for Health Information 
Technology; American Health Information Community Chronic Care 
Workgroup Meeting

ACTION: Announcement of meeting.

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

SUMMARY: This notice announces the 17th meeting of the American Health 
Information Community Chronic Care Workgroup in accordance with the 
Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.).

DATES: July 17, 2007, from 1 p.m. to 4 p.m. Eastern Daylight Time.

ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 
20201), Conference Room 4090. Please bring photo ID for entry to a 
Federal building.

FOR FURTHER INFORMATION CONTACT: http://www.hhs.gov/healthit/ahic/chroniccare/.

SUPPLEMENTARY INFORMATION: The Workgroup will discuss barriers to 
availability of care in the virtual setting.
    The meeting will be available via Web cast. For additional 
information, go to: http://www.hhs.gov/healthit/ahic/chroniccare/cc_instruct.html.

    Dated: June 20, 2007.
Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. 07-3168 Filed 6-27-07; 8:45 am]
BILLING CODE 4150-24-M
EXHIBIT 24-E
**POWER OF ATTORNEY**
     Each person whose signature appears below hereby authorizes and appointsDouglas D. Burkett, Ph. D. and Andrew A. Stevens, and each of them severally,as his attorneys-in-fact, with full power of substitution and resubstitution,to sign and file on his behalf individually and in each such capacity statedbelow, Zila, Inc.’s Annual Report on Form 10-K for the year ending July 31,2004, and any amendments thereto, to be filed with the Securities and ExchangeCommission, The NASDAQ Stock Market, and otherwise, as fully as such personcould do in person, hereby verifying and confirming all that saidattorneys-in-fact, or their or his substitutes or substitute, may lawfully door cause to be done by virtue hereof.     **Signatures** **Title** **Date** **Douglas D. Burkett, Ph. D.** President and Chief Executive Officerand a Director September 30, 2004**Principal Executive Officer**          **Andrew A. Stevens** Vice President and Chief FinancialOfficer September 30, 2004**Principal Financial andAccounting Officer**         **Directors**          **Morris C. Aaron**   September 30, 2004      **Leslie H. Green**   September 30, 2004     **/s/ Christopher D. Johnson****Christopher D. Johnson**   September 30, 2004      **Michael S. Lesser**   September 30, 2004      **John Edward Porter**   September 30, 2004      **S. Timothy Rose, D.D.S.**   September 30, 2004
#### The People of the State of New York, Respondent, *v.*John Fahey, Appellant.

*People*v. *Fahey,*134 App. Div. 991, affirmed.

(Argued June 14, 1910;

decided September 27, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 15, 1910, which affirmed a judgment of the Court of Special Sessions of the city of Albany convicting the defendant of the crime of disturbing a funeral in'violation of section 315 of the Penal Code.

*Michael D. Reilly*and *William, E. Woollard*for appellant.

*Rollin B. Sanford, District Attorney (Harold D. Alexander*of counsel), for respondent.

Judgment of conviction affirmed ; no opinion.

Concur: Cullen, Oh. J.,. Gray, IIaight, Vann, Willard Bartlett, Hiscock and Chase, JJ.
<PAGE>   1
                                                                 EXHIBIT 11



                          ZILA, INC. AND SUBSIDIARIES

               COMPUTATION OF NET INCOME (LOSS) PER COMMON SHARE
                        THREE YEARS ENDED JULY 31, 1997


<TABLE>
<CAPTION>
                                                                 July 31, 
                                                 ----------------------------------------
                                                    1997            1996           1995
                                                 -----------     -----------    -----------

<S>                                            <C>             <C>            <C>
PRIMARY (LOSS) INCOME PER
 COMMON SHARE:
  Computation for Statements of Operations --      
    Net (loss) income                            $(6,458,377)    $ 1,217,298    $(1,282,357)
                                                 -----------     -----------    -----------
  Weighted average number of common shares
    outstanding                                   31,530,096      30,095,791     29,134,901
  Assumed exercise of stock options
    and warrants(1)                                                  305,445
                                                 -----------     -----------    -----------

                                                  31,530,096      30,401,236     29,134,901
                                                 -----------     -----------    -----------

  Primary loss per common share                  $      (.20)    $       .04    $      (.04)
                                                 ===========     ===========    ===========

FULLY DILUTED (LOSS) INCOME PER
 COMMON SHARE:
  Computation for Statements of Operations --
    Net (loss) income                            $(6,458,377)    $ 1,217,298    $(1,282,357)
                                                 -----------     -----------    -----------
  Weighted average number of common shares
    outstanding                                   31,530,096      30,095,791     29,134,901
  Assumed exercise of stock options
    and warrants(1)                                                  456,954
                                                 -----------     -----------    -----------
                                                  31,530,096      30,552,745     29,134,901
                                                 -----------     -----------    -----------
  Fully diluted income (loss) per common share   $      (.20)    $       .04     $     (.04)
                                                 ===========     ===========    ===========
</TABLE>

(1) The stock options and warrants are included only in the periods in which 
    they are dilutive.
Editorial Note on Part 91
Editorial Note: Nomenclature changes to part 91 appear by USCG-2012-0832, 77 FR 59779, Oct. 1, 2012.

§ 91.60-40 Duration of Convention certificates. ( a ) The following certificates are valid for a period of not more than 60 months. ( 1 ) A Cargo Ship Safety Construction Certificate.
( 2 ) A Cargo Ship Safety Equipment Certificate.
( 3 ) A Safety Management Certificate.
( 4 ) A Cargo Ship Safety Radio Certificate.
( b ) An Exemption certificate must not be valid for longer than the period of the certificate to which it refers.
( c ) A Convention certificate may be withdrawn, revoked, or suspended at any time when it is determined that the vessel is no longer in compliance with applicable requirements. (See § 2.01-70 of this chapter for procedures governing appeals.)
[USCG-1999-4976, 65 FR 6503, Feb. 9, 2000]
Release dates | 
    Full version (23 KB PDF)Board Actions | 
    Actions under delegated authority
    
    Applications and reports received:Boston | New York | Philadelphia 
  | Cleveland | Richmond 
  | AtlantaChicago | St. Louis | Minneapolis 
  | Kansas City | Dallas 
  | San Francisco

# Actions under delegated authority

## Actions taken during the week ending March 6, 2010

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    Applications and reports received:Boston | 
    New York | 
    Philadelphia | 
    Cleveland | 
    Richmond | 
    AtlantaChicago | 
    St. Louis | 
    Minneapolis | 
    Kansas City | 
    Dallas | 
    San Francisco

---

Home Banking information and regulation  Accessibility Contact us
# C_2013344EN.01003301.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/33 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/33

---

Judgment of the Court (Sixth Chamber) of 3 October 2013 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Daniel Lundberg

(Case C-317/12) (1)

1

(Road transport - Regulation (EC) No 561/2006 - Obligation to install recording equipment - Derogations in respect of the non-commercial carriage of goods - Concept - Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties)

2013/C 344/56

Language of the case: Swedish

Referring court

Referring court

Svea hovrätt

Party in the main criminal proceedings

Party in the main criminal proceedings

Daniel Lundberg

Re:

Re:

Request for a preliminary ruling — Svea hovrätt — Interpretation of Article 3(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 concerning the interpretation of the concept of ‘non-commercial carriage of goods’ within the meaning of Article 3(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1) — Derogation from the obligation to install and use a tachograph on board vehicles weighing less than 7.5 tonnes — Carriage of goods for non-commercial purposes — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from private individuals or from companies

Operative part of the judgment

Operative part of the judgment

The concept of ‘non-commercial carriage of goods’ laid down in Article 3(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 must be interpreted as covering the carriage of goods by a private individual for his own purposes purely as part of his hobby where that hobby is in part financed by financial contributions from external persons or undertakings and where no payment is made for that carriage per se.

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(1)  OJ C 258, 25.8.2012.

1

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