alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case No. 8,643.

#### In re LYON.

[1 N. B. R. 111;1 Bankr. Reg. Supp. 24; 6 Int. Rev. Rec. 135.]

District Court, S. D. New York.

Oct. 7, 1867.

Bankruptcy — Examination — Exceptions— Motion to Strike Out Answers — Motion to Certify Questions to the Court.

In the examination of a bankrupt by creditors, the register will pass upon questions objected to, and formal exceptions being taken, he will, at the close of the testimony, entertain motion to strike out answers or admit excluded questions, and certify the questions to the court.

[In the matter: of Lsidor Lyon, a bankrupt.] In this case the register, Edgar Ketchum, certifies the following questions to the.court:

Order having been made by consent for the examination of the bankrupt on the 25th day of September, 1867, at 3 o’clock, and the bankrupt being duly sworn and examined, the following questions were asked by Mr. Gray: Question. “Where do you get the means to support your family?” A. “By earning my living. No particular business. Anything I can find. I don’t know exactly how long I *1180have been engaged in that business. I have always máde money when I could do so legitimately.” Question. “What was the last legitimate act of business you transacted by which you made money?” A. “Today; selling a barrel of spirits, as a broker, not belonging to me.” Question. “For whom?” Objected to by the bankrupt’s counsel. The register thinks it ought to be answered. If the spirits did belong to another, the subject is ended. If the deponent is in any way mistaken, and the spirits in fact belonged to him, the creditor should be allowed to discover it. Mr. James, the bankrupt's counsel, demands that the question thus made be certified to the judge. Question. “What was the other and last previous transaction to the one mentioned in which you made money?” Mr. James-objects to this question on behalf of the bankrupt, on the ground that no inquiry is relevant as to the manner in which he has earned- his livelihood, since his adjudication of bankruptcy, unless foundation is laid for imputing to him possession of property which ought to be given up to his assignee. The register thinks the interrogatory a proper one, as tending to discover and ascertain the truth in respect to that which the counsel thus allows. Mr. James demands that the question be certified to the judge.

1

 [Reprinted from 1 N. B. R. 111, by permission.]

RLATCHFORD, District Judge.

The register will follow the practice established by my- decision dated October 1st, 1867 (In re Levy [Case No. 8,298). The clerk will certify this decision to the register, Edgar Iietchum, Esq.
*

 This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. This court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.

F I L E D

United States Court of Appeals

Tenth Circuit

APR 20 2005

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

EZEKIEL DAVIS,

Plaintiff - Appellant,

v.

MIKE MULLIN, Warden; ROBERT

BERRY, Unit Manager;

DEPARTMENT OF CORRECTIONS,

Defendants - Appellees.

No. 04-7087

(D.C. No. CV-03-248-WH)

(E.D. Okla.)

ORDER AND JUDGMENT*

Before KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges.**

Plaintiff-Appellant Ezekiel Davis, an Oklahoma inmate proceeding pro se,

appeals the dismissal of his suit under 42 U.S.C. § 1983 for monetary damages

and injunctive relief arising from alleged constitutional violations occurring

during his incarceration. The district court granted summary judgment to the
- 2 -

defendants on the grounds that Mr. Davis had failed to exhaust his administrative

remedies. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

The parties are familiar with the facts, and we need not restate them here. 

Having reviewed the matter de novo and for substantially the same reasons

iterated in the district court’s order dismissing Mr. Davis’s suit, we AFFIRM. 

Mr. Davis has clearly failed to demonstrate the exhaustion of administrative

remedies mandated by 42 U.S.C. § 1997e(a) or complete exhaustion where he did

file a grievance. See Jernigan v. Stuchell, 304 F.3d 1030, 1032 (10th Cir. 2002)

(requiring complete exhaustion).

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge
**Exhibit
      32**




**CERTIFICATIONS
      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 Carsunlimited.com, Inc. (the "Company")
      on Form 10-QSB for the period ending September 30, 2006, as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I,
      Geoffrey Donaldson, Chief Executive Officer, Principal Accounting Officer of
      the
      Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that:




(1)
      The
      Report fully complies with the requirements of section 13(a) of the Securities
      and 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.




November
      20, 2006





/s/
                Geoffrey Donaldson
              ---------------------------------------------------
              By:
                Geoffrey Donaldson
              Chief
                Executive Officer, and Principal Accounting
                Officer
# C_2012138EN.01001901.xml

| 12.5.2012 | EN | Official Journal of the European Union | C 138/19 |
| --- | --- | --- | --- |

12.5.2012

EN

Official Journal of the European Union

C 138/19

---

Action brought on 14 March 2012 — ANKO v Commission

(Case T-118/12)

(2012/C 138/36)

Language of the case: Greek

Parties

Applicant: ANKO Anonimos Etairia Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Khristianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

| — | declare that the failure by the Commission to pay the balance of the financial support for the applicant in respect of the contract for the project ‘PERceptive Spaces promoting iNdependent Aging (PERSONA)’, amounting to EUR 6 752,74, constitutes a breach of its contractual obligations; |
| --- | --- |

—

declare that the failure by the Commission to pay the balance of the financial support for the applicant in respect of the contract for the project ‘PERceptive Spaces promoting iNdependent Aging (PERSONA)’, amounting to EUR 6 752,74, constitutes a breach of its contractual obligations;

| — | order the Commission to pay to the applicant the sum of EUR 6 752,74, in respect of the expenditure incurred by the applicant during the fourth reference period of the PERSONA project, together with the interest provided for by paragraph 7 of Clause II.28 of Annex II to the principal contract from service of the present action; |
| --- | --- |

—

order the Commission to pay to the applicant the sum of EUR 6 752,74, in respect of the expenditure incurred by the applicant during the fourth reference period of the PERSONA project, together with the interest provided for by paragraph 7 of Clause II.28 of Annex II to the principal contract from service of the present action;

| — | order the Commission to pay the applicant’s costs. |
| --- | --- |

—

order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

The present action concerns liability of the Commission under contract No 045459 for the carrying out of the project ‘PERceptive Spaces promoting iNdependent Aging (PERSONA)’, pursuant to Article 272 TFEU.

Specifically, the applicant submits that, although it duly performed its contractual obligations in full, the Commission suspended payment to it without being entitled to do so and in breach of the foregoing contract and of the principle of good faith. For that reason, the applicant submits that the Commission must pay to it the sum of EUR 6 752,74, together with the interest provided for by paragraph 7 of Clause II.28 of Annex II to the principal contract.

---
Before the First Division,

April 9, 1942

No. 47060.

#### Protest 944634-G of Wm. Shaland (New York).

Opinion by

Oliver, P. J.

In accordance with stipulation of counsel and on the authority of Abstracts 44122 and 32264 the kazoos in question were held'dutiable at 45 percent under paragraph .397 as-claimed. .
EXHIBIT 23.1


CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference of our report dated April 16, 2001, except for the matters discussed
in Note 15 as to which the date is August 23, 2001, included in Interplay
Entertainment Corp.'s Form 10-K for the year ended December 31, 2001, into the
previously filed Registration Statement File Nos. 333-50254 and 333-60583 on
Form S-8 and File No. 333-50252 on Form S-3. It should be noted that we have not
audited any financial statements of the Company subsequent to December 31, 2000
or performed any audit procedures subsequent to the date of our report.


/S/ ARTHUR ANDERSEN LLP
Orange County, California
April 29, 2002
#### J. L. Hudson Co. *v.*United States

No. 6859.

Entry No. 9862, etc.

Invoices dated London, England, April 12, 1946, etc.

Certified April 29, 1946, etc.

Entered at Detroit, Mich., June 11, 1946, etc.

(Decided February 11, 1947)

*Tom/phins & Tompkins*(J. *Stuart Tompkins*of counsel) for the plaintiff.

*Paul P, Rao,*Assistant Attorney General, for the defendant.

Oliveb, Presiding Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the parties hereto:'

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
No. 56749.

protests 181528-K, etc. (New York).

#### Henri Bendel, Inc., et al. *v.*United States,

Opinion by

Ford, J.

The protests were dismissed.
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 Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1694-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of New Jersey (FEMA-1694-DR), dated April 26, 2007, and related determinations. 

# DATES:

*Effective Date:*                         April 27, 2007.                     

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of New Jersey is hereby amended to include the Public Assistance program for the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of April 26, 2007: 

Hudson, Middlesex, and Morris Counties for Individual Assistance. 

Bergen, Burlington, Essex, Passaic, Somerset, and Union Counties for Public Assistance (already designated for Individual Assistance). 

Camden, Hudson, Mercer, Middlesex, and Sussex Counties for Public Assistance. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program).

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

[FR Doc. E7-8746 Filed 5-7-07; 8:45 am] 

BILLING CODE 9110-10-P
**Exhibit 32.1**

 

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

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report on Form 10-Q of MathStar, Inc. (the “Company”) forthe quarter ended March 31, 2008 (the “Quarterly Report”), I, Douglas M.Pihl, Chief Executive Officer of the Company, hereby certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.               The Quarterly Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934 (15 U.S.C. 78m or 78o(d)); and

 

2.               The information contained in the Quarterly Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Date:  | May 10, 2008 |   | By:    |        /s/  Douglas M. Pihl |
|--------|-------------------|--------|--------|-----------------------------------------------------------|
|   |              |   |   |   Douglas M.  Pihl                                   |
|   |              |   |   |   Chief  Executive Officer                           |

 

----
# C_2012319EN.01001201.xml

| 20.10.2012 | EN | Official Journal of the European Union | C 319/12 |
| --- | --- | --- | --- |

20.10.2012

EN

Official Journal of the European Union

C 319/12

---

Action brought on 10 August 2012 — Katjes Fassin v OHIM (Yoghurt-Gums)

(Case T-366/12)

2012/C 319/22

Language of the case: German

Parties

Parties

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by T. Schmitz, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2012 in Case R 523/2012-4 and amend it in such a way that the appeal is dismissed in its entirety; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2012 in Case R 523/2012-4 and amend it in such a way that the appeal is dismissed in its entirety;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the word element ‘Yoghurt-Gums’ for goods in Classes 6, 24 and 30 — Community trade mark application No 9 455 197

Community trade mark concerned:

Decision of the Examiner: partial rejection of the application

Decision of the Examiner:

Decision of the Board of Appeal: dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 7(1)(c) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation No 207/2009

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009

---
```

[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Page 70748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29487]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

Outer Continental Shelf (OCS), Central and Western Gulf of 
Mexico, Oil and Gas Lease Sales for Years 2012-2017

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Call for Information and Nominations; Correction.

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

SUMMARY: On March 15, 2011, BOEM (formerly the Bureau of Ocean Energy 
Management, Regulation and Enforcement) published a notice in the 
Federal Register (76 FR 14040), entitled ``Call for Information and 
Nominations.'' This document describes a correction to the sale numbers 
that were identified in the Call. As previously published, the sale 
numbers contained an error that will prove to be misleading.

Section 2--Purpose of Call, Should Be Changed to the Following Sale 
Numbers

------------------------------------------------------------------------
                 Lease sale, planning area                    Sale year
------------------------------------------------------------------------
Sale 229, Western GOM......................................         2012
Sale 227, Central GOM......................................         2013
Sale 233, Western GOM......................................         2013
Sale 231, Central GOM......................................         2014
Sale 238, Western GOM......................................         2014
Sale 235, Central GOM......................................         2015
Sale 246, Western GOM......................................         2015
Sale 241, Central GOM......................................         2016
Sale 248, Western GOM......................................         2016
Sale 247, Central GOM......................................         2017
------------------------------------------------------------------------

DATES: This correction is effective immediately.

FOR FURTHER INFORMATION CONTACT: Mr. Carrol Williams, BOEM, Gulf of 
Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 
70123-2394, telephone (504) 736-2803.

    Dated: October 25, 2011.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2011-29487 Filed 11-14-11; 8:45 am]
BILLING CODE 4310-MR-P
```
No. 48782.

#### Protests 591642-G, etc., of Breakstone Bros., Inc., et al. (New York).

Opinion by

Keefe, J.

It was stipulated that the cheese in question is similar to that the subject of *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706) and Abstracts 42146 and 48269. The protests were therefore sustained.
No. 45256.

#### Protest 21374-K of Tai Wo Tong (Los Angeles).

Opinion by

Evans, J.

It was stipulated that certain sliced yuk ehuk and lotus nuts are similar to the merchandise passed upon in *Oy Wo Tong*v. *United States.*(C. D. 372). The protest was therefore sustained.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

QUAMAYNE J. JONES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-980

[August 23, 2018]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; 

L.T. Case No. 562014CF002551B.

Quamayne J. Jones, Gainesville, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

GERBER, C.J., FORST and KUNTZ, JJ. CONCUR.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.1


                          SECTION 1350 CERTIFICATIONS

                  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  transition  report  of  Petrogen  Corp.  (the
"Company") on Form 10-KSB for the period ended September 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),  Sacha
H. Spindler,  Chief Executive Officer of the Company,  and Leo William Kerrigan,
Chief  Financial  Officer of the  Company,  each  certifies  for the  purpose of
complying with Rule  13a-14(b) or Rule 15d-14(b) of the Securities  Exchange Act
of 1934 (the  "Exchange  Act") and Section 1350 of Chapter 63 of Title 18 of the
United States Code, 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.


Date: January 14, 2004


/s/ SACHA H. SPINDLER
______________________________________
Sacha S. Spindler
Chief Executive Officer


Dated: January 14, 2004


/s/ L. WILLIAM KERRIGAN
______________________________________
L. William Kerrigan
Chief Financial Officer




A SIGNED  ORIGINAL OF THIS WRITTEN  STATEMENT  REQUIRED BY SECTION 906, OR OTHER
DOCUMENT AUTHENTICATING, 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 PETROGEN  CORPORATION  AND WILL BE
RETAINED BY PETROGEN  CORPORATION  AND FURNISHED TO THE  SECURITIES AND EXCHANGE
COMMISSION OR ITS STAFF UPON REQUEST.