alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THE THIRTEENTH COURT OF APPEALS

13-18-00561-CR

Miguel Benavidez

v.

The State of Texas

On Appeal from the

148th District Court of Nueces County, Texas

Trial Cause No. CR-11-1796-E

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

June 13, 2019
#### Estela Cudal NOTARIO; et al., Petitioners, v. Alberto R. GONZALES,* Attorney General, Respondent.

No. 04-73510.

Agency Nos. [ AXX-XXX-XXX ], [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 1, 2005.**

Decided Aug. 5, 2005.

Lizbeth A. Galdamez, Esq., Law Offices of Michael P. Karr & Associates, Sacramento, CA, for Petitioners.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, James E. Grimes, Julia Doig Wilcox, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before O’SCANNLAIN, CALLAHAN, and BEA, Circuit Judges.

*

 Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).

**

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM***

Petitioners Estela Cudal Notario and Adelito Notario, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 and deny the petitions.

The BIA affirmed, without opinion, the Immigration Judge’s (“U”) decision. We review the IJ’s decision as the final agency action. *Avendano-Ramirez v. Ashcroft,*365 F.3d 813, 815 (9th Cir.2004). We review factual determinations of the IJ for substantial evidence, and legal determinations de novo, “but with considerable deference.” *Id.*

Substantial evidence supports the IJ’s determination that the petitioner Estela Cudal Notario1 failed to establish persecution on account of a protected ground. *See INS v. Elias-Zacharias,*502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); *cf. Deloso v. Ashcroft,*393 F.3d 858, 861 (9th Cir.2005) (explaining that reversal in a mixed-motives case is proper if the evidence “compels the conclusion that the [persecution was] at least in part on account of [petitioner’s] political opinion”). The petitioner did not indicate a political motive when she refused the NPA’s request for money. *See Borja v. INS,*175 F.3d 732, 734 (9th Cir.1999) (en banc). Substantial evidence also supports the IJ’s determination that the petitioner failed to demonstrate that the government was unwilling or unable to protect her from persecution. *See Avetova-Elisseva v. INS,*213 F.3d 1192, 1196 (9th Cir.2000).

Because petitioner Estela Cudal Notario has failed to demonstrate eligibility for asylum, she is ineligible for withholding of *622removal. *Farah v. Ashcroft,*348 F.3d 1153, 1156 (9th Cir.2003).

PETITIONS FOR REVIEW DENIED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

. Petitioner Adelito Notario did not testify in the removal proceedings and seeks asylum or other relief as a beneficiary of his wife, Estela.
# C_2022271EN.01000401.xml

| 14.7.2022 | EN | Official Journal of the European Union | C 271/4 |
| --- | --- | --- | --- |

14.7.2022

EN

Official Journal of the European Union

C 271/4

---

COUNCIL DECISION

of 12 July 2022

appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Italy

(2022/C 271/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By means of its Decision of 24 February 2022 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2022 to 28 February 2025. |
| --- | --- |

(1)

By means of its Decision of 24 February 2022 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2022 to 28 February 2025.

| (2) | The Government of Italy has submitted further nominations for several posts to be filled, |
| --- | --- |

(2)

The Government of Italy has submitted further nominations for several posts to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed as members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2025:

| I. | GOVERNMENT REPRESENTATIVES







  Member State | Members | Alternate members |
| --- | --- | --- | --- |
| Italy | Mr Antonio VALENTI | Ms Laura TOMASSINI |

I.

GOVERNMENT REPRESENTATIVES

Member State

Members

Alternate members

Italy

Mr Antonio VALENTI

Ms Laura TOMASSINI

| II. | TRADE-UNION REPRESENTATIVES







  Member State | Members | Alternate members |
| --- | --- | --- | --- |
| Italy | Mr Fabio DURANTE | Ms Cinzia FRASCHERI
  Ms Susanna COSTA |

II.

TRADE-UNION REPRESENTATIVES

Member State

Members

Alternate members

Italy

Mr Fabio DURANTE

Ms Cinzia FRASCHERI

Ms Susanna COSTA

| III. | EMPLOYERS’ REPRESENTATIVES







  Member State | Members | Alternate members |
| --- | --- | --- | --- |
| Italy | Ms Fabiola LEUZZI | Mr Fabrizio MONACO
  Mr Pier Paolo MASCIOCCHI |

III.

EMPLOYERS’ REPRESENTATIVES

Member State

Members

Alternate members

Italy

Ms Fabiola LEUZZI

Mr Fabrizio MONACO

Mr Pier Paolo MASCIOCCHI

Article 2

The Council shall appoint the members and alternate members not yet nominated at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 12 July 2022.

For the Council

The President

Z. STANJURA

---

(1)  OJ C 218, 13.9.2003, p. 1.

1

(2)  Council Decision of 24 February 2022 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work (OJ C 92, 25.2.2022, p. 1).

2

---
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, December 14, 2021.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, December 14, 2021

The Court of Appeals hereby passes the following order

A22I0082. P&J BEVERAGE CORPORATION d/b/a FORREST ROAD PACKAGE 

STORE v. THE BOTTLE SHOP, LLC.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

SC19CV39
Exhibit 32.2



Certification



Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:



(1)

I have reviewed the Quarterly Report on Form 10-Q of  InLand Capital Fund, L.P. (the "Report") to which this statement is an Exhibit;



(2)

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



(3)

The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of InLand Capital Fund, L.P.





|By:    | Inland Real Estate Investment Corporation               
|------ | --------------------------------------------------------
|       | General Partner                                         
|       |                                                         
|       |                                                         
|By:    | /S/ Kelly Tucek                                         
|       |                                                         
|Name:  | Kelly Tucek                                             
|Title: | Vice President of the General Partner and               
|       | principal financial officer of InLand Capital Fund, L.P.
|Date:  | November 10, 2005
FORM OF SERIES B PREFERRED STOCK CERTIFICATE



 Exhibit 4.8 
 See Reverse Side for Restrictive Legends 
  
 Incorporated Under the Laws of the 
 State of Delaware 
  

	 NUMBER
	 	SHARES            
		
	 B-
	 	 

  
  
 INCARA, INC. 
  
 Authorized Shares of Series B Preferred Stock – Fully Paid and Non-Assessable 
  
  
 This Certifies that
                                        
                                        
                     is the 
  
 registered holder of
                                        
                                        
                     Shares 
 of
Series B Preferred Stock of the Company 
  
 transferable only
on the books of the Corporation by the holder hereof in person or by Attorney upon 
 surrender of this Certificate properly endorsed.

  
 In Witness Whereof, the said Corporation
has caused this Certificate to be signed by its authorized 
 officers and its Corporate Seal to be hereunto affixed 

 
  
 this                 
day                                        
                                     of
                 A.D. 
  
  
                             , Secretary
                                        
                                        
                                , President 








	 THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION OF THIS CERTIFICATE (THE “COMMON SHARES”) HAVE NOT BEEN REGISTERED
UNDER THE SECURITIES ACT OF 1933, AS AMENDED. NO ACQUISITION OF THE COMMON SHARES MAY BE EFFECTED WITHOUT AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN EXEMPTION FROM REGISTRATION AVAILABLE SO THAT SUCH REGISTRATION IS NOT REQUIRED UNDER
THE SECURITIES ACT OF 1933, AS AMENDED
  
 THE COMMON SHARES ARE SUBJECT TO
A LIMITATION ON OWNERSHIP AS SET FORTH IN THE PROVISIONS OF THE CERTIFICATE OF INCORPORATION.

	
	 For Value Received                 
hereby sell, assign and transfer

	
	 unto
                                        
                                        
                                    

	
	                                      
                                        
                                    Shares

	represented by the within Certificate, and do hereby irrevocably constitute and appoint
	
	                                      
                                        
                                   
Attorney

	to transfer the said Shares on the books of the within named Corporation with full power of substitution in the premises.
	
	     Dated
                                        
        

	                   In presence
of

	
	                                       
                                        
                           

	
	                                       
                                  

	
	  
 NOTICE. THE SIGNATURE OF THIS
ASSIGNMENT
 MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE
 FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT
 ALTERATION OR ENLARGEMENT OR ANY CHANGE
WHATEVER.
No. 56237.

protests 994323-G, etc. (Boston).

#### C. H. Powell Company et al. *v.*United States,

*363Opinion by

Mollison, J.

It was stipulated that the merchandise "consists wholly of wax side upper leather splits and rough side upper leather splits, made from bovine cattle hides, being neither cut nor manufactured, either in whole or in part, into uppers, vamps, or any other forms or shapes suitable for conversion into boots, shoes, or footwear, and not being printed, embossed,' ornamented, or. decorated, in any manner or to any extent whatsoever, nor made into fancy leather of any kind.” Accepting the stipulation as establishing the facts therein recited, it was held that the leather in question is dutiable at 10 percent under the provision in paragraph 1530 (b) (4), as modified, *supra,*for “Side upper splits, wax or rough, not cut or wholly or partly manufactured into uppers, vamps, or any forms or shapes suitable for conversion into boots, shoes, or footwear.” The claim in each of the protests was sustained only as to the items of merchandise which were entered for consumption or withdrawn from warehouse for consumption on or after January 1, 1939.
**EXHIBIT 32.1**

 

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICEROF TUESDAY MORNING CORPORATION PURSUANT TO

18 U.S.C §1350

 

I, Kathleen Mason, the Chief Executive Officer of Tuesday MorningCorporation, hereby certify that:

 

1.               Thequarterly report on Form 10-Q of Tuesday Morning Corporation for theperiod ended September 30, 2008 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.               Theinformation contained in the above-mentioned report fairly presents, in allmaterial respects, the financial condition and results of operations of TuesdayMorning Corporation.

 
| Date: November 1, 2008 | By:    | /s/ Kathleen Mason                      |
|-----------------------------|--------|-----------------------------------------|
|                        |   | Kathleen Mason  Chief Executive Officer |

 

----
No. 51512.

#### Protests 621848-G, etc., of Julius Kayser & Co. (New York).

Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). In accordance therewith the claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was sustained.
No. 58350.

protests 178428-K, 181974-K, and 184451-K (New York).

#### Amicale Trading Co., Inc. *v.*United States,

Opinion by

Oliver, C. J.

It was stipulated that for duty purposes the clean content of the wool in question was determined in accordance with the instructions contained in T. D. 53159, which was issued *following-United States*v. *Fred Whitaker Company, Inc.*(40 C. C. P. A. 19, C. A. D. 492). In that case, it was held that the statutory language, clean content of wool, as used in paragraph 1102 (b), was construed to mean the product commercially usable as wool and from which all the weight of grease and foreign material has been removed, including the wool fibers which are unavoidably and irrevocably lost as a result of commercially applied cleaning processes. Accordingly, the wool in question was held dutiable at the rate applied by the collector on the basis of the percentages of clean content as set forth in the column headed “T. D. 53159 Clean Content” in schedule “A,” attached to and made a part of the decision in this case.
CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
              PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael R. Cunningham, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Chugach Electric
Association, Inc.; 2. Based on my knowledge, this quarterly 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 quarterly report; 3. Based on my knowledge, the financial statements, and
other financial information included in this quarterly 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 quarterly
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)) for the registrant and we 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 quarterly report is being prepared;
                  b) Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this quarterly 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 change 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 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
registrant's board of directors (or persons performing the equivalent function):
                  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:  November 14, 2005

                                                     /s/ Michael R. Cunningham
                                                     Michael R. Cunningham
                                                     Chief Financial Officer
<PAGE>   1
                                                                    EXHITIT 4(c)

                              CERTIFICATE OF TRUST

          The undersigned, the trustees of TARGETS TRUST VIII, desiring to form
a business trust pursuant to Delaware Business Trust Act, 12 Del. C. Section
3810, hereby certify as follows:

          (a) The name of the business trust being formed hereby (the "Trust")
     is "TARGETS TRUST VIII".

          (b) The name and business address of the trustee of the Trust which
     has its principal place of business in the State of Delaware is as follows:

          Chase Manhattan Bank Delaware
          1201 Market Street
          Wilmington, Delaware  19801

          (c) This Certificate of Trust shall be effective as of the date of
     filing.

Dated:  March 10, 2000
                                        /s/ MICHAEL J. DAY
                                     -----------------------------------
                                     Michael J. Day, Regular Trustee

                                        /s/ CHARLES W. SCHARF
                                     -----------------------------------
                                     Charles W. Scharf, Regular Trustee

                                         /s/ MARK I. KLEINMAN
                                     -----------------------------------
                                     Mark I. Kleinman, Regular Trustee

                                     CHASE MANHATTAN BANK DELAWARE,
                                     as Delaware Trustee


                                     By:  /s/ DENIS KELLY
                                        -----------------------------------
                                     Name:   Denis Kelly
                                     Title:  Assistant Vice President

                                     SALOMON SMITH BARNEY HOLDINGS
                                     INC., as Sponsor

                                     By:  /s/ MICHAEL J. DAY
                                        -----------------------------------
                                     Name:  Michael J. Day
[No. 13937.

*En Banc.*

March 4, 1918.]

#### Northwestern Improvement Company *et al., Appellants,*v. Pierce County, Respondent.2

Appeal from a judgment of tbe superior court for Pierce county, Albertson, J., entered September 18, 1916, upon findings in favor of tbe defendant, in consolidated actions to recover money paid and to secure tbe reduction of taxes, tried to tbe court.

Affirmed.

*Geo. T. Reid, J. W. Quich, L. B. da Ponte, C. A. Murray,*and *3. S. Griggs,*for appellants.

*Fred G. Remann, Harry E. Phelps,*and *A. B. Bell,*f,or respondent.

2

Reported in 171 Pac. 60.

On Rehearing.

Per Curiam.

Upon a rehearing *En Bane,*a majority of tbe court still adhere to tbe opinion heretofore filed herein as reported in 97 Wash. 528, 167 Pac. 33, and for tbe reasons there stated, tbe judgment is affirmed.
<TABLE> <S> <C>

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<S>                             <C>
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<CASH>                                           6,007
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