alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ronnie GILMORE, Appellant, v. STATE of Florida, Appellee.

No. 70-232.

District Court of Appeal of Florida, Second District.

Oct. 16, 1970.

*180Robert W. Rawlins, Public Defender, and Don C. Kilgore, Asst. Public Defender, Tampa, for appellant.

Earl Faircloth, Atty. Gen., and John A. Zebedee, Asst. Atty. Gen., Tallahassee, for appellee.

LILES, Acting Chief Judge.

Ronnie Gilmore was tried for robbery in the Criminal Court of Record for Hills-borough County, Florida. The jury returned a verdict of guilty as charged.

Just before the trial began, while the jury was being selected, a sheriff’s deputy took the state witnesses to a door of the courtroom. The deputy asked the witnesses to look in and see if they recognized anyone in the courtroom. Ronnie Gilmore now claims that because he was the only Negro in the courtroom when this identification took place his constitutional right to a fair lineup was violated. Appellant Gilmore asks this court to reverse the trial court’s conviction and grant a new trial.

The test of the validity of an in-court identification is if the identification was based on the independent recollection of the witness, rather than the suggestion of identity implanted at the pretrial viewing, then the in-court identification is valid. United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 19 L.Ed.2d 1149; Gilbert v. California, 1967, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178; Avis v. State, Fla.App.1969, 21 So.2d 235.

The record here shows that the state’s witness was present when the crime was committed, and could identify Gilmore on the basis of the witness’ own observation of Gilmore.

Consequently, the test of *Wade, Gilbert*and *Avis*was met and the trial court did not err in refusing to grant a new trial.

The decision of the trial court is affirmed.

McNULTY, J., concurs.

MANN, J., concurs specially with opinion.

MANN, Judge

(concurring specially).

My brother Liles understates the evidence. There is ample evidence of positive identification by several witnesses, including an accomplice, that Gilmore was involved in this armed robbery. There was, further, no objection to reception of the testimony now questioned. I concur in the result but do not wish to suggest approval of the deputy’s act of taking witnesses to the door of a courtroom in which a single black man is seated in the midst of many white people and asking them if they see anyone inside who looks familiar. This was unnecessary to the state’s case, which is ample, and it tends to discredit our respect for law.
# L_2005053EN.01002701.xml

| 26.2.2005 | EN | Official Journal of the European Union | L 53/27 |
| --- | --- | --- | --- |

26.2.2005

EN

Official Journal of the European Union

L 53/27

---

COMMISSION REGULATION (EC) No 340/2005

of 25 February 2005

concerning tenders submitted in response to the invitation to tender for the export to certain third countries of wholly milled and medium and long grain A rice issued in Regulation (EC) No 2031/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 14(3) thereof,

Whereas:

| (1) | An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2031/2004 (2). |
| --- | --- |

(1)

An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2031/2004 (2).

| (2) | Article 5 of Commission Regulation (EEC) No 584/75 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, to make no award. |
| --- | --- |

(2)

Article 5 of Commission Regulation (EEC) No 584/75 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, to make no award.

| (3) | On the basis of the criteria laid down in Article 14(4) of Regulation (EC) No 1785/2003, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 14(4) of Regulation (EC) No 1785/2003, a maximum refund should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders submitted from 21 to 24 February 2005 in response to the invitation to tender for the export refund on wholly milled rand, medium and long grain A rice to certain third European countries issued in Regulation (EC) No 2031/2004.

Article 2

This Regulation shall enter into force on 26 February 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 February 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 96.

1

(2)  
  OJ L 353, 27.11.2004, p. 3.

2

(3)  
  OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation (EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).

3

---
Fourth Court of Appeals

San Antonio, Texas

November 17, 2016

No. 04-16-00491-CV

Sam LAJZEROWICZ,

Appellant

v.

Estelita LAJZEROWICZ,

Appellee

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CI-16638

Honorable Stephani A. Walsh, Judge Presiding

O R D E R

Appellant’s brief in this appeal was due November 10, 2016. Neither the brief nor a 

motion for extension of time has been filed. We order appellant to file, by November 28, 2016, 

the appellant’s brief and a written response reasonably explaining appellant’s failure to timely 

file the brief. If appellant fails to file a brief and the written response by the date ordered, we will 

dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a).

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 17th day of November, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Tasco Holdings International Inc.
(the "Company") on Form 10-QSB for the period ending March 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, John Lauring, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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 result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
19th day of May 2006.


/s/ John Lauring
---------------------------------
John Lauring
Chief Executive Officer
#### CITY NATIONAL BANK OF MIAMI BEACH, as Trustee, Appellant, v. R. D. OVERSTREET, as Tax Collector of Dade County, Florida, etc., et al., Appellees.

No. 73-153.

District Court of Appeal of Florida, Third District.

Sept. 25, 1973.

Lapidus & Hollander, Miami, for appellant.

Stuart Simon, Co. Atty., and R. A. Gil-vas, Asst. Co. Atty., for appellees.

Before PEARSON and HENDRY, JJ„ and SPECTOR, Associate Judge.

PER CURIAM.

The final judgment upholding appellees’ assessment of the appellant’s property for purposes of ad valorem taxation is affirmed. The record reveals sufficient competent evidence to sustain the assessment. See: Whitman v. Overstreet, Fla.App.1970, 230 So.2d 46, and like cases.

Affirmed.
[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Pages 54896-54897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27969]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33480]


Charles Barenfanger--Continuance in Control Exemption--Effingham 
Railroad Company

    Charles Barenfanger (applicant) has filed a verified notice of 
exemption to continue in control of Effingham

[[Page 54897]]

Railroad Company (ERRC), upon its becoming a Class III rail carrier.
    Although applicant does not indicate an expected consummation date, 
it is noted that the transaction could not be consummated before 
October 7, 1997, the effective date of this exemption.
    This transaction is related to STB Finance Docket No. 33468, 
Effingham Railroad Company--Operation Exemption--Line Owned by Agracel 
Corporation, wherein ERRC seeks to operate over a certain rail line 
owned by the Agracel Corporation, in Effingham, IL.
    Applicant controls one existing Class III railroad, Illinois 
Western Railroad Company (IWRC), operating in Greenville, IL.
    Applicant states that: (i) The rail line to be operated by ERRC 
does not connect with IWRC; (ii) the transaction is not part of a 
series of anticipated transactions that would connect ERRC with IWRC; 
and (iii) the transaction does not involve a Class I carrier. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33480, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on John M. Robinson, 9616 Old Spring Road, Kensington, MD 20895.

    Decided: October 14, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27969 Filed 10-21-97; 8:45 am]
BILLING CODE 4915-00-P
No. 9999.

#### O'Maley *v.*The Buckeye Lime Co.

(Decided October 9, 1906.)

Error to Circuit Court of Ottawa County.

*Mr. O-, S. Brumhack*and *Mr. Scott Stahl,*for plaintiff in error.

*Messrs. Smith & Baker,*and *Mr. W. C. Wierman,*for defendant in error.

Judgment affirmed.

Crew, Summers and Davis, JJ., concur.
MASSACHUSETTS - AGENCY CONTACTS

MA FHWA FHWA-MA 

Division 

Cassondra

Ostrander

Program Development Team Leader cassandra.ostrander@dot.gov 617-494-3113

MA FHWA FHWA-EFL

PDC

 Jacinda Russell Access Program Manager Jacinda.Russell@dot.gov 571-434-1543

MA FHWA FHWA-EFL Lewis Grimm Planning Team Leader Lewis.Grimm@dot.gov 703-404-6289

MA LPA LPA- PDC Elizabeth Giannini Transportation Planner II,

Franklin Regional Council of 

Government

Giannini@frcog.org 413-774-3167

x 125

MA State MassDOT

PDC

Miranda Briseno Federal Programs Coordinator miranda.e.briseno@dot.state.ma.us 781-338-5033

MA FLMA NPS Amanda Jones Regional Alternative 

Transportation 

Program Manager

amanda_jones@nps.gov 215-873-1033

MA FLMA FWS Carl Melberg Regional Transportation 

Coordinator

Carl_Melberg@fws.gov 413-253-8586

MA FLMA FWS Nathan Beauchamp US Fish and Wildlife Service

Transportation Program Analyst

nathan_beauchamp@fws.gov 703-358-2226

MA FLMA USFS James Forseth R9 Transportation Engineer James.Forseth@usda.gov 414-297-1170

MA FLMA DOD (nonUSACE)Douglas Briggs Senior Engineer/HNDSDDCTEADouglas.e.briggs.civ@mail.mil 618-220-5229

MA FLMA DOD

(USACE)

Mike Vissichelli Regulatory Appeals

Review Officer

Michael.G.Vissichelli@usace.army.mil 347-370-4663
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the
Quarterly Report on Form 10-Q of Varian, Inc. for the period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date of this certification (the Report), the undersigned hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of Varian, Inc.

Dated: May 9, 2006



|                                                       
|-------------------------------------------------------
|/s/ GARRY W. ROGERSON                                  
|Garry W. Rogerson President and Chief Executive Officer

A signed original of this written statement as required by Section 906 has been provided to Varian, Inc. and
will be retained by Varian, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Item 77C DWS RREEF Real Estate Fund II,
Inc.

Registrant incorporates by reference to its Proxy
Statement filed on May 28, 2008 (SEC Accession
No. 0000950123-08-006197).
The Annual Meeting of Stockholders of DWS
RREEF Real Estate Fund II, Inc. (the "Fund")
was held on July 2, 2008. The following matters
were voted upon by the Stockholders of the Fund.
1.	The election of the following four Class II
Board Members to hold office for a term of
three years and until their respective
successors have been duly elected and
qualified:

Number of Votes:

For
Withheld
Richard J. Herring
31,075,842
1,001,902
Axel Schwarzer
31,037,239
1,040,505
Jean Gleason
Stromberg
31,037,626
1,040,118
Robert H.
Wadsworth*
11,152
1,058

*	Elected by Preferred Stockholders only.
2.	The election of the following Class I Board
Member of the Fund to hold office for an
initial term of two years and until his
successor has been duly elected and qualified:

Number of Votes:

For
Withheld
Paul K. Freeman
31,039,879
1,037,865

Until recently, substantially all DWS open-end
funds and most DWS closed-end funds were
overseen by one of two boards of directors or
trustees (the "Boards"). In 2007, each Board,
including the Board that has historically overseen
the Fund (the "New York Board"), determined
that the formation of a single consolidated Board
overseeing all DWS funds (the "Consolidated
Board") would be in the best interests of the
funds. Accordingly, each Board approved a plan
to consolidate the New York Board with the other
primary DWS fund board (the "Chicago Board").
(The geographic references in the preceding
sentences merely indicate where each Board
historically held most of its meetings.)
The Consolidated Board consists of nine
members from the Fund's original New York
Board (Henry P. Becton, Jr., Dawn-Marie
Driscoll, Keith R. Fox, Kenneth C. Froewiss,
Richard J. Herring, Rebecca W. Rimel, Axel
Schwarzer, William N. Searcy, Jr. and Jean
Gleason Stromberg) and four members from the
Chicago Board (John W. Ballantine, Paul K.
Freeman, William McClayton and Robert H.
Wadsworth). Prior to consolidation, three
members of the Fund's original Board (Martin J.
Gruber, Graham E. Jones and Carl W. Vogt)
resigned.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-201.11 

________________________________________________________________________ 

EXTRADITION 

 Protocol Amending the Treaty of 

December 1, 1994 Between the 

UNITED STATES OF AMERICA 

and HUNGARY 

Signed at Budapest November 15, 2005 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 HUNGARY 

 Extradition 

Protocol amending the treaty of December 1, 1994. 

Signed at Budapest November 15, 2005; 

Transmitted by the President of the United States of America 

 to the Senate September 28, 2006 (Treaty Doc. 109-14, 

 109th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 July 29, 2008 (Senate Executive Report No. 110-12, 

 110th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 September 23, 2008; 

Ratified by the President December 11, 2008; 

Exchange of Instruments of Ratification at 

 Washington June 10, 2009; 

Entered into force February 1, 2010.
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    FORM 8-K

                                 CURRENT REPORT
     Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934

        Date of Report (Date of earliest event reported): April 24, 2009



                         THE EUROPEAN EQUITY FUND, INC.
             (Exact name of Registrant as specified in its charter)


                 Maryland                811-04632             26-0529973
    (State or other jurisdiction of (Commission File Number) (I.R.S. Employer
              incorporation)                                 Identification No.)

                                 345 Park Avenue
                            New York, New York 10154
               (Address of principal executive offices, zip code)


Registrant's telephone number, including area code:          (212) 454-7190


                                 Not Applicable
         (Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):

|_|         Written communications pursuant to Rule 425 under the Securities Act
            (17 CFR 230.425)

|_|         Soliciting material pursuant to Rule 14a-12 under the Exchange Act
            (17 CFR 240.14a-12)

|_|         Pre-commencement communications pursuant to Rule 14d-2(b) under the
            Exchange Act (17 CFR 240.14d-2(b))

|_|         Pre-commencement communications pursuant to Rule13e-4(c) under the
            Exchange Act (17 CFR 240.13e-4(c))










SECTION 7 - REGULATION FD DISCLOSURE

Item 7.01 Regulation FD Disclosure.

Update Regarding Repurchases of Common Stock by the Fund

The European Equity Fund, Inc. (the "Fund") may purchase at market prices from
time to time shares of its Common Stock in the open market. Between January 1,
2009 and April 23, 2009 the Fund repurchased 83,500 shares of its Common Stock,
equal to approximately 0.69% of the shares of Common Stock outstanding on
December 31, 2008.











                                    SIGNATURE


Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


                                     THE EUROPEAN EQUITY FUND, INC.


Date:    April 24, 2009


                                             By: /s/ Rita Rubin
                                             -----------------------
                                             Rita Rubin
                                             Chief Legal Officer
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 on Form 10-Q of Varian Semiconductor Associates, Inc. (the Company) for the period ended April 1, 2005
as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |  |  |                         
|------------------- |  |  |  | ------------------------
|                    |  | 
|Dated: May 11, 2005 |  |  |  | /S/    GARY E. DICKERSON
|                    |  |  |  | Gary E. Dickerson       
|                    |  |  |  | Chief Executive Officer
<PAGE>
                                                                   EXHIBIT 10.53


                       FIFTEENTH AMENDMENT TO LICENSE AND
                           OEM MANUFACTURING AGREEMENT


         The License and OEM Manufacturing Agreement ("LOEMMA") with an
effective date of July 1, 2002, by and among EchoStar Satellite Corporation,
EchoStar Technologies Corporation and Thomson multimedia Inc. is hereby amended
as follows:

         1.   Section 11.16 is amended to read:

         The Parties shall mutually agree to a trademark agreement (the
         "Trademark Agreement") to be attached as Exhibit E hereto on or before
         November 1, 2002.

         2.   Unless specifically defined herein, all defined terms will have
              the meaning ascribed to such terms in the LOEMMA. The LOEMMA shall
              remain in all other respects unchanged.



EchoStar Satellite Corporation              EchoStar Technologies Corporation

By:                                         By:
       ---------------------------                 -----------------------------

Title:                                      Title:
       ---------------------------                 -----------------------------

Date:                                       Date:
       ---------------------------                 -----------------------------


Thomson multimedia Inc.

By:
       ---------------------------

Title:
       ---------------------------

Date:
       ---------------------------