alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Orson Williams v. State.

176 So. 438.

Division A.

Opinion Filed October 13, 1937.

*L. D. McGregor,*for Plaintiff in Error;

*Cary D. Landis,*Attorney General, and *Tyrus A. Nor-wood,*Assistant Attorney General, for the State.

Buford, J.

The only two questions presented in this case, wherein the plaintiff in error was convicted of murder in the first degree without recommendation to mercy, are:

1st. Whether or not the court below committed reversible error in not strictly complying with the provisions of' Section 6092 R. G. S., 8397 C. G. G. L., and

*411- 2nd. Whether or not the evidence was sufficient to prove 'premeditation.

We cannot determine the first question presented because the record does not show by authenticated bill of exceptions that the provisions of the statute were not complied with. The bill of exceptions contains the copy of a motion for new trial which alleges that the statute was violated, but such motion does not prove its allegations.

The evidence is so strong and convincing that the accused at the time he fired the fatal shot entertained a premeditated design and fully formed purpose to effect the death of his victim that no other reasonable conclusion could be reached.

The judgment should be affirmed.

It is so ordered.

Affirmed.

Ellis, C. J., and Terrell, J., concur.

Whitfield, P. J., and Brown and Chapman, J. J., .concur in the opinion and judgment.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from
the Form 10-Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<CIK>                                      0000098559
<NAME>                            Tokheim Corporation
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         NOV-30-2000
<PERIOD-END>                              FEB-29-2000
<CASH>                                         13,250
<SECURITIES>                                        0
<RECEIVABLES>                                 126,092
<ALLOWANCES>                                    6,367
<INVENTORY>                                    92,854<F1>
<CURRENT-ASSETS>                              243,801
<PP&E>                                        154,962<F2>
<DEPRECIATION>                                 85,624
<TOTAL-ASSETS>                                634,505
<CURRENT-LIABILITIES>                         183,515
<BONDS>                                       195,408
<PREFERRED-MANDATORY>                          15,759<F3>
<PREFERRED>                                         0
<COMMON>                                      116,031<F4>
<OTHER-SE>                                  (158,865)<F5>
<TOTAL-LIABILITY-AND-EQUITY>                  636,061
<SALES>                                       132,412
<TOTAL-REVENUES>                              132,412
<CGS>                                         104,362<F6>
<TOTAL-COSTS>                                 104,362<F6>
<OTHER-EXPENSES>                               32,964
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             14,648
<INCOME-PRETAX>                              (20,657)
<INCOME-TAX>                                    (106)
<INCOME-CONTINUING>                          (20,551)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (20,551)
<EPS-BASIC>                                    (1.65)
<EPS-DILUTED>                                  (1.65)
<FN>
<F1> Represents gross inventory net of loss reserves.
<F2> Represents gross PP&E.
<F3> Represents redeemable preferred stock of $24,000 less Guaranteed ESOP of
     $3,947 and treasury stock of $4,294.
<F4> Represents common stock of $90,375, common stock warrants of $26,187 less
     treasury stock of $531.
<F5> Represents accumulated deficit of $82,979 and foreign currency translation
     adjustments of $74,330.
<F6> Includes product development expenses and excludes depreciation and
     amortization.
</FN>


</TABLE>
# C_2008085EN.01001001.xml

| 4.4.2008 | EN | Official Journal of the European Union | C 85/10 |
| --- | --- | --- | --- |

4.4.2008

EN

Official Journal of the European Union

C 85/10

---

Call for proposals under the work programme ‘People’ of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities

(2008/C 85/07)

Notice is hereby given of the launch of a call for proposals under the work programme ‘People’ of the 7th Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).

Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ Specific Programme:

Call Identifier: FP7-PEOPLE-ITN-2008

This call for proposals relates to the work programme adopted by Commission Decision C(2007) 5740 of 28 November 2007.

Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/

---
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# Get involved in an American legacy-- Constitution Week, September 17-23

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Get involved in an American legacy-- Constitution Week, September 17-23 
                    -           Creator        
                    -  Commission on the Bicentennial of the United States Constitution 
                    -           Publisher        
                    -  Commission on the Bicentennial of the United States Constitution 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  018538968.jpg; 018538968.jpg 

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                -  
                - 100 Main Library (LIB)
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                -
**Exhibit 32**

** **

**CERTIFICATION**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

I, James P. Foran, Principal Executive Officerand Principal Financial Officer of JPX Global, Inc. (the “Company”) certify that:

 

1. I have reviewed the annual report on Form10-K of the Company;

 

2. Based on my knowledge, this annual reportdoes 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 thisannual report; and

 

3. Based on my knowledge, the financial statements,and other financial information included in this annual report, fairly present in all material respects the financial condition,results of operations and cash flows of the Company as of, and for, the period presented in this annual report.

 

Date: April 23, 2014

 

/s/ James P. Foran	

James P. Foran

Principal Executive Officer and Principal Financial Officer
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-50981

Summary Calender

DEBORAH KASTRIN, WILLIAM J. KASTRIN, SCORRO KASTRIN, WILLIAM FRED

KASTRIN, VERONICA KASTRIN CALLAGHAN, & KASCO VENTURES, INC.,

Plaintiffs-Appellants,

VERSUS

CBS INC.,

Defendant-Appellee.

Appeal from the United States District Court

For the Western District of Texas

(EP-96-CV-433-DB)

July 17, 1998

Before KING, DUHE’, and DeMOSS, Circuit Judges:

PER CURIAM:*

Following a jury verdict in favor of the defendant-appellee,

the district court entered a final judgment dismissing the

plaintiffs-appellants’ case. The plaintiffs do not appeal from

this judgment. Upon entry of final judgment, the district court
also ordered, pursuant to Fed. R. Civ. P. 54(d), that costs would

be taxed against the plaintiffs and in favor of the defendant as

the prevailing party. Subsequently, a Bill of Costs was filed by

the defendant and, in turn, objected to by the plaintiffs. The

district court rejected the plaintiffs’ objections and approved the

Bill of Cost as filed. It is from this determination that the

plaintiffs appeal.

In taxing costs pursuant to Fed. R. Civ. P. 54(d) the district

court is accorded great latitude and its determination may be

reversed only upon a showing of abuse of discretion. Breeland v.

Hide-A-Way Lake, Inc., 585 F.2d 716, 722 (5th Cir. 1978); see 10

Charles A. Wright, et al., FEDERAL PRACTICE AND PROCEDURE 3d §2668, at

227-30 (1998). After a review of the record on appeal, the briefs

and the law, we find that the district court did not abuse its

discretion.

AFFIRMED
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# How to get a property listed on the national registry of historic places

                - U.S. Government Posters

## Description

                    -           Title        
                    -  How to get a property listed on the national registry of historic places 
                    -           Creator        
                    -  National Register of Historic PlacesUnited States. Department of the Interior 
                    -           Subject: Time        
                    -  1970-1980 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  161 × 46 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  I70.16.P64.jpg 

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                -  
                - 100 Main Library (LIB)
                - 125 West Washington St.
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                - 319-335-5299 (Service Desk)
                - ©2020  The University of Iowa
                -
No. 50230.

#### Protests 610384-G, etc., of Katz Berk Hat Co. (New York).

Opinion by

Tilson, J.

The record showed that certain items of the merchandise consist of hats known as harvest hats, valued at less than $3 per dozen, similar in all material respects to those the subject of *Caradine*v. *United States*(9 Cust. Ct. 69, C. D. 664), which record was admitted in evidence herein. In accordance therewith the items of merchandise imported or withdrawn for consumption prior to the effective date of the Netherlands Trade Agreement (T. D. 48075) were held dutiable at only 25 percent under paragraph 1504 (b) (5), and those items entered or withdrawn for consumption subsequent to said date were held dutiable at 12J4 percent under the same paragraph.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-00000435

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

IN THE INTEREST OF S.C.

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT

(FC-S NO. 21-00165)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before September 5, 2023, and September 27, 2023, respectively;

(2) Mother-Appellant E.C. ( EC) failed to file either document, or request an extension of time;

(3) On October 4, 2023, the appellate clerk entered a default notice informing EC that the time for filing the statement of jurisdiction and opening brief had expired, the matter would be called to the court's attention on October 16, 2023, for appropriate action, which could include dismissal of the appeal under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and EC could request relief from default by motion; and Electronically Filed Intermediate Court of Appeals CAAP-23-0000435 29-DEC-2023 08:03 AM Dkt. 46 ODSDNOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) EC has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, December 29, 2023. /s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge

2
#### UNITED STATES, Appellee v “R.” “T.” MURPHY, Stewardsman, U. S. Navy, Appellant

9 USCMA 316, 26 CMR 96

No. 10,875

Decided June 6, 1958

*Captain Frederick D. Clements,*USMC, was on the brief for Appellant, Accused.

*Lieutenant Colonel Charles H. Beale, Jr.,*USMC, was on the brief for Appellee, United States.

Opinion of the Court

Robert E. Quinn, Chief Judge:

The accused challenges the adequacy of the post-trial review by the staff legal officer. In particular, he contends that it provides advice only as to the legal, and not factual, sufficiency of the evidence. See United States v Arthur, 9 USCMA 81, 25 CMR 343; United States v Fields, 9 USCMA 70, 25 CMR 332. However, we note that, in his discussion, the staff legal officer observed that there “is ample evidence ... to support the findings,” and he set out the evidence in detail. He also pointed out that the “main issue” was the “question of fact” of whether the accused personally altered his pay record. The evidence relating to this question was discussed at length. At the end of the discussion the staff legal officer said: “The court’s finding appears to be well founded and no change therein is necessary.” In our opinion, the discussion and the conclusions provide sufficient advice as to the factual as well as the legal sufficiency of the evidence in the record of trial. United States v Pitcher, 9 USCMA 119, 25 CMR 381.

The decision of the board of review is affirmed.

Judge Latimer concurs.

Judge Ferguson concurs in the result.
Exhibit 35.1







Statement of Compliance of The Bank of New York Mellon,
as Trustee.

I, James W. P. Hall, Vice President of The Bank of New
York Mellon, a New York corporation (the “Trustee”), states:

(a) A review of the Trustee’s activities for the period
from January 1, 2018 through December 31, 2018 (the “Reporting Period”) and of the Trustee’s performance under
the Standard Terms for Trust Agreements dated July 15, 2010 between MS Structured Asset Corp. as depositor (the “Depositor”)
and the Trustee, as trustee and securities intermediary, in each case amended by a series supplement between the Depositor and
the Trustee (as amended in each such case, the “Trust Agreement”), has been made under my supervision.

(b) To the best of my knowledge and based on such review,
the Trustee has fulfilled all of its obligations under the Trust Agreement in all material respects throughout the Reporting Period
for Floating Rate Trust Series 2010-04 (IP)





The Bank of New York Mellon, as Trustee



|Date: March  01, 2019 |  | By: /s/ James W. P. Hall
|--------------------- |  | ------------------------
|                      |  | Name: James W. P. Hall  
|                      |  | Title:   Vice President
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60321 Summary Calendar

PERRIN W. HURDLE, Plaintiff-Appellant,

versus SEARS, ROEBUCK AND COMPANY, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 1:95-CV-247-BRR

- - - - - - - - - - April 15, 1997 Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Appellant Perrin Hurdle appeals the summary-judgment dismissal of his age-discrimination lawsuit. He argues that genuine issues of material fact exist which preclude summary judgment; that the district court violated his constitutional rights by holding that an otherwise invalid waiver could be ratified; and that, even if it had been ratified, the waiver he executed did not bar his age-discrimination claim. We haveNo. 96-60321 - 2 - reviewed the record and the district court’s opinion and conclude that summary judgment was properly awarded in favor of Appellee Sears, Roebuck and Company. Accordingly, we affirm for essentially the reasons given by the district court. See Blakeney v. Lomas Info. Sys., Inc. , 65 F.3d 482, 484-85 (5th Cir. 1995), cert. denied , 116 S. Ct. 1042 (1996); Wamsley v. Champlin Refining & Chem., Inc. , 11 F.3d 534, 539-40 (5th Cir. 1993), cert. denied , 115 S. Ct. 1403 (1995). Hurdle’s constitutional arguments, raised for the first time on appeal, do not show error, plain or otherwise.
AFFIRMED.
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# The US Department of the: Navy standing watch, over America's endangered species

                - U.S. Government Posters

## Description

                    -           Title        
                    -  The US Department of the: Navy standing watch, over America's endangered species 
                    -           Creator        
                    -  United States. Navy DepartmentUnited States. Marine CorpsU.S. Fish and Wildlife Service 
                    -           Publisher        
                    -  Department of the NavyU.S. Marine CorpsU.S. Fish & Wildlife Service 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Physical Description        
                    -  156 × 85 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  029740841.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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                - Web site/page feedback  OR  general suggestions
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                -  
                - 100 Main Library (LIB)
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                - ©2020  The University of Iowa
                -
WWW.EXFILE.COM -- PERFORMANCE HEALTH -- 16029 -- EXHIBIT 10-138 TO FORM 10-Q


    EXHIBIT
10.138

    
 

    PERFORMANCE
HEALTH TECHNOLOGIES, INC.

    427
Riverview Plaza

    Trenton,
NJ 08611

    Telephone:  (609)
656-0181

    Facsimile:  (609)
656-0869

    


    


    Dear
Holder of Promissory Notes dated April 4, 2006:

    


    The Company is requesting your consent
that the Promissory Note that was issued by the company on April 4, 2006 with an
extended maturity date of May 1 is not and will not be in default through August
31, 2008

    


    


    Please take a moment to sign and return
your consent by facsimile to 609-656-0869.

    


     

     

    
      
         

        
          
            	 	Very
      truly yours, 	 
	 	 	 
	
                    As
      of August 13, 2008

                  	Dominique Prunetti Miller 	 
	 	Dominique
      Prunetti Miller	 
	 	Secretary 	 
	 	 	 


          




        


        The Waiver
is accepted and
agreed by the undersigned noteholder:

         

        


         

        
          	
                  By: /s/ David J.
      Lenihan

                	 	 	 
	Name: David J.
      Lenihan	 	 	 
	Date: August
      13, 2008