alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON

DARREL HA

YES , ) ) Petitioner, ) C. C. A. NO. W1999-01850-CCA-R3-CO ) vs. ) LAKE COUNTY ) STATE OF TENN ESSEE, ) No. 99-7900 ) Respondent. )

O R D E R

This matter is before the Court u pon motion of the state to affirm the judgment of the trial court pur suant to Rule 20, Rules of the C ourt of Criminal Appeals. This case represents an appeal from the trial court’s dis missal of the petitioner’s pet ition for a writ of habeas corpus. In May 1987, the petitioner was indicted on five c

ounts of aggravated rape and tw o counts of aggravated sex ual battery. The record r eflects that he was found guilty by

a jury in January

1988 on three counts of aggrav ated sexual battery and one count of aggr avated rape, and receiv ed an effective forty-five y ear sentenc e. In his p resent pe tition, t he petit ioner cla ims 1) tha t the stat e should have been required to elect the p articular offense on which i t would rely for conv

ictions and 2) that the trial court shoul d have instructed the jur y to decide upon the particular offenses of which the petitioner w as guilty. The trial

court dismissed the petiti on finding that these cl aims not

proper subject

for habea

s corpu s relie

f.
Habeas corpus relief is av ailable in Tennessee only when “it appears upon the face of the judgment or t he record of the proceedings upon which the judgment is rendered” that a convicting court w

as without jurisdic

tion or authority to sentence a defendant, or that a defendant’s s entence of imprisonment or other restr aint has expired. Archer v. State , 851 S.W.2d 157, 16 4 (Tenn. 1993) (emphasis added). The record before us reflects that the conv icting court had juri sdiction over this pet itioner and that the peti tioner’s sentenc e has not expired. Ho wever, even if the pe titioner ’s claims h ave merit, such claims render the judgment voidable, not void, and it may not be collaterally attacked in a suit for habeas cor pus relief. Passarella v. State , 891 S.W.2d 619, 627 (Tenn. Crim. App. 1994). Mor eover, when a petition for a writ of habeas corpus fail s to state a cognizable cl aim, the trial court may summarily dismiss the petition. See Id

. Accordingly, it i s hereby ORDERED that the state’s motion is gr anted and 

# FILED
January 12, 2000 Cecil Crowson, Jr. Appellate Cou rt Clerk2

the judgment of the trial court is affirmed in accordan ce with Rule 20, Rules of the Court of Criminal Appeals. Since the record reflects the petitione r is indigent, costs of this proceeding shall be tax ed to the state.

____________________________

DAVID G. HAYES, JUDG E

____________________________ JOE G. RILEY, JUDGE

____________________________ JOHN EVERETT WILLIAMS, JUDGE
<PAGE>

                                                                    EXHIBIT 99.2



                        CERTIFICATION OF PERIODIC REPORT


I, Larry Redfern, Acting Chief Financial Officer of Computer Motion, Inc. (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, to the best of my knowledge, that:

(1) The Annual Report on Form 10-K/A of the Company for the fiscal year ended
December 31, 2002 (the "Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d));
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: May 29, 2003                       COMPUTER MOTION, INC.


                                         By: /s/ Larry Redfern
                                         Larry Redfern
                                         Controller and Chief Accounting Officer
[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Page 55777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28450]


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

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the New Hampshire Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the New Hampshire Advisory Committee to the Commission will convene at 
9:00 a.m. and adjourn at 12:30 p.m. on Monday, November 17, 1997, at 
the Law Offices of Nixon, Raiche, Manning and Branch, 77 Central 
Street, Manchester, New Hampshire 03101. The purpose of the meeting is 
to discuss and plan future activities.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Robert Raiche, 
603-669-7070, or Ki-Taek Chun, Director of the Eastern Regional Office, 
202-376-7533 (TDD 202-376-8116). Hearing-impaired persons who will 
attend the meeting and require the services of a sign language 
interpreter should contact the Regional Office at least ten (10) 
working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, October 15, 1997.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 97-28450 Filed 10-27-97; 8:45 am]
BILLING CODE 6335-01-P
#### UNITED BONDING INSURANCE COMPANY, Appellant, v. DONALDSON ENGINEERING, INC., a Florida corporation, and Norfolk Dredging Company, a Virginia corporation, Appellees.

No. 2149.

District Court of Appeal of Florida. Fourth District.

May 6, 1969.

Rehearing Denied June 9, 1969.

*448D. Lloyd Zook, of Moore, Welbaum, Zook & Jones, Miami, for appellant.

L. Byrd Booth, Jr., and James W. Geiger, of Geiger, O’Neal, Booth & Merritt, Fort Lauderdale, for appellee-Donaldson Engineering.

L. Floyd Price, of Knowles, Mann & Blalock, Bradenton, for appellee-Norfolk Dredging Co.

OWEN, Judge.

Involved in this case are two questions concerning the rights and obligations of the surety on a subcontractor’s performance bond. The trial court determined both questions adversely to the surety. We affirm.

Is the scope of the obligation [to pay all persons who have contracts directly with the principal for labor or materials] broad enough to include the rental of heavy equipment? This question is answered in the affirmative on the authority of United Bonding Insurance Company v. M. D. Moody & Sons, Inc., Fla.App.1968, 213 So.2d 263, decided after the appeal in the instant case was filed. The lessor of the heavy equipment was entitled to recover under the bond and the court correctly granted summary judgment in its favor and against the surety on the bond.

Did the surety’s amended third party complaint state a cause of action for indemnification against its own obligee? This question is answered in the negative because the theory of the claim for indemnification was that the alleged fraud on the part of the obligee caused the bond to be issued and delivered, whereas the facts alleged were sufficient to show fraud on the part of the obligee occurring only after the delivery of the bond. Alleging that the obligee accepted the delivery of the performance bond with full knowledge of the fact that at the time of delivery thereof the principal subcontractor was in default under the subcontract, there was missing the essential allegations that the obligee had a duty and a suitable opportunity to disclose the facts to the surety before the latter entered into the undertaking. 72 C.J.S. Principal and Surety § 77; SO Am. Jur., Suretyship, § 164 et seq. Though the facts may have shown fraud after the bond was delivered, such fraud could not be the cause of the issuance and delivery of the bond and the subsequent loss to the surety, which was the theory under which it sought to be indemnified. Gruman v. Sam Breedon Construction Co., Fla.App.1963, 148 So.2d 759. The court correctly dismissed the amended third party complaint.

Affirmed.

WALDEN, C. J., and McCAIN, J., concur.
# L_2005269EN.01001001.xml

| 14.10.2005 | EN | Official Journal of the European Union | L 269/10 |
| --- | --- | --- | --- |

14.10.2005

EN

Official Journal of the European Union

L 269/10

---

COMMISSION REGULATION (EC) No 1671/2005

of 13 October 2005

fixing the maximum export refund for white sugar to certain third countries for the 9th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

| (2) | Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
| --- | --- |

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 9th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 39,407 EUR/100 kg.

Article 2

This Regulation shall enter into force on 14 October 2005.

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

Done at Brussels, 13 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 185, 16.7.2005, p. 3.

2

---
INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA  NUMBER
        [FX Energy, Inc. Logo]
        SHARESCUSIP NO. 302695 10 1FX ENERGY, INC.100,000,000 AUTHORIZED SHARES  $.001 PAR VALUE  NON-ASSESSABLETHIS CERTIFIES THAT
        **[SPECIMEN]**IS THE RECORD HOLDER OF
        **[SPECIMEN]**shares of
        FX ENERGY, INC.
        Common Stock
 transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned by the Transfer Agent and registered by the Registrar.  Witness the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. Dated:   Secretary
        [FX ENERGY, INC. CORPORATE SEAL]
        President
     The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM
        -
        as tenants in common
        UNIF GIFT MIN ACT
        
        CustodianTEN ENT
        -
        as tenants by the entireties
        
        (Cust)
        
        (Minor)JT TEN
        -
        as joint tenants with right of
        
        under Uniform Gifts to Minors Actsurvivorship and not as tenants
        
        
        (State)in common
  Additional abbreviations may also be used though not in the above list.   For Value Received
        
        hereby sell, assign, and transfer untoPLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)Sharesof the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appointAttorneyto transfer the said stock on the books of the within named Corporation with full power of substitution in the premises.DatedSignatureNOTICE:  SIGNATURE MUST CORRESPOND TO THE NAME AS WRITTEN UPON THE FACE OF THIS CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER AND MUST BE GUARANTEED BY A BANK, BROKER OR ANY OTHER ELIGIBLE GUARANTOR INSTITUTION THAT IS AUTHORIZED TO DO SO UNDER THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (STAMP) UNDER RULES PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION.
Exhibit 23.2



March 3, 2016



Consent of Independent Engineers



We refer to our report entitled “Evaluation of the P&NG
Reserves of Advantage Oil & Gas Ltd. (As of December 31, 2015)”, dated February 8, 2016 (the “Report”).



We hereby consent to the use of our name and references to excerpts
from the Report in the Annual Report on Form 40-F of Advantage Oil & Gas Ltd. for the year ended December 31, 2015.



| | Sincerely,                
| | --------------------------
| |                           
| | SPROULE ASSOCIATES LIMITED
| |                           
| | By:                       
| |                           
| |
[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Notices]
[Page 55398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28228]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-15-000]


Natural Gas Pipeline Company of America; Notice of Section 4 
Filing

October 20, 1997.
    Take notice that on October 15, 1997, Natural Gas Pipeline Company 
of America (Natural) tendered for filing pursuant to Section 4 of the 
Natural Gas Act, a notice of termination of gathering services which 
Natural provides on uncertificated and certificated gathering 
facilities known as the Wise County Gathering Systems in Wise, Jack, 
Parker, Palo Pinto and Dento Counties, Texas. Natural states that it 
will sell the entire gathering system to Mitchell Gas Services, Inc, a 
non-affiliate. Natural further states that no contracts for 
transportation service with Natural will be terminated.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure. Under Sec. 154.210 of the Commission's 
Regulations, all such motions or protests should be filed on or before 
October 27, 1997. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-28228 Filed 10-23-97; 8:45 am]
BILLING CODE 6717-01-M
DWS VARIABLE SERIES I

   SUPPLEMENT TO THE CURRENTLY EFFECTIVE PROSPECTUSES OF THE LISTED PORTFOLIO:

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

                                  DWS Bond VIP

Effective  immediately,  Stephen Ilott will no longer serve as Co-Manager of the
portfolio. All references to Mr. Ilott are hereby deleted.







               Please Retain This Supplement for Future Reference


                                                          [DWS INVESTMENTS LOGO]
                                                             Deutsche Bank Group

August 18, 2008
SVS-3608
Exhibit 32.1




CEO CERTIFICATION
  PURSUANT TO U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  In connection with the Annual Report of Advantage Oil & Gas Ltd. (“Advantage”) on Form 40-F for the fiscal year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Andy J. Mah, Chief Executive Officer of Advantage, 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) 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 Advantage.
  
  
 Date:  March 23, 2011
/s/ Andy J. MahAndy J. MahChief Executive Officer
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0382

STATE OF MONTANA,

 Plaintiff and Appellee,

vs.

QUINCY SMITH,

 Defendant and Appellant.

ORDER GRANTING EXTENSION OF TIME TO FILE OPENING BRIEF

Pursuant to authority granted under Mont. R. App. P. 26(2), the Appellant is 

given an extension of time until February 19, 2020, to prepare, file, and serve the

Appellant’s opening brief. 

Electronically signed by:

Beth Baker

Justice, Montana Supreme Court

January 20 2021

01/20/2021

Case Number: DA 20-0382
[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Page 59859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29252]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3954-000]


Unicom Power Marketing, Inc.; Notice of Issuance of Order

October 31, 1997.
    Unicom Power Marketing, Inc. (Unicom) filed an application for 
authorization to engage in the wholesale sale of electric capacity and 
energy at market-based rates, and for certain waivers and 
authorizations. In particular, Unicom requested that the Commission 
grant blanket approval under 18 CFR Part 34 of all future issuances of 
securities and assumptions of liabilities by Unicom. On October 17, 
1997, the Commission issued an Order Accepting for Filing Proposed 
Market-Based Rates (Order), in the above-docketed proceeding.
    The Commission's October 17, 1997 Order granted the request for 
blanket approval under Part 34, subject to the conditions found in 
Ordering Paragraphs (D), (E), and (G):
    (D) Within 30 days of the date of this order, any person desiring 
to be heard or to protest the Commission's blanket approval of 
issuances of securities or assumptions of liabilities by Unicom should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure, 18 CFR 385.211 and 385.214.
    (E) Absent a request to be heard within the period set forth in 
Ordering Paragraph (D) above, Unicom is hereby authorized to issue 
securities and assume obligations and liabilities as guarantor, 
endorser, surety or otherwise in respect of any security of another 
person; provided that such issue or assumption is for some lawful 
object within the corporate purposes of Unicom, compatible with the 
public interest, and reasonably necessary or appropriate for such 
purposes.
    (G) The Commission reserves the right to modify this order to 
require a further showing that neither public nor private interests 
will be adversely affected by continued Commission approval of Unicom's 
issuances of securities or assumptions of liabilities * * *.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is November 17, 1997.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, N.E., 
Washington, D.C. 20426.
Lois D. Cashell,
Secretary.
[FR Doc. 97-29252 Filed 11-4-97; 8:45 am]
BILLING CODE 6717-01-M
CPP Lending Report

NAME OF INSTITUTION

(Including Holding Company Where Applicable) Person to be contacted regarding this report:

The Harbor Bank of Maryland (Harbor 

Bankshares Corporation)

Joseph Haskins, Jr.

UST Sequence Number: 1273

City: Baltimore

State: Maryland

RSSD:

(for Bank Holding Companies)

2008130

Holding Company Docket Number:

(for Thrift Holding Companies)

n/a

FDIC Certificate Number:

(for Depository Institutions)

24015

Loan Activity For: July, 2018

Average Consumer Outstanding Balance (Thousands $) 65,671

Average Consumer Outstanding Balance Key

Average Consumer Outstanding Balance Comment

Average Commercial Outstanding Balance (Thousands$) 150,333

Average Commercial Outstanding Balance Key

Average Commercial Outstanding Balance Comment

Total Outstanding Balance (Thousands $) 216,004

Total Outstanding Balance Key

Total Outstanding Balance Comment

General Market Commentary
CPP Lending Report

NAME OF INSTITUTION

(Including Holding Company Where Applicable) Person to be contacted regarding this report:

OneUnited Bank Kenneth Tse

UST Sequence Number: 97

City: Boston

State: Massachusetts

RSSD:

(for Bank Holding Companies)

Holding Company Docket Number:

(for Thrift Holding Companies)

FDIC Certificate Number:

(for Depository Institutions)

23966

Loan Activity For: July, 2018

Average Consumer Outstanding Balance (Thousands $) 468,392

Average Consumer Outstanding Balance Key

Average Consumer Outstanding Balance Comment

Average Commercial Outstanding Balance (Thousands$) 8,826

Average Commercial Outstanding Balance Key

Average Commercial Outstanding Balance Comment

Total Outstanding Balance (Thousands $) 477,218

Total Outstanding Balance Key

Total Outstanding Balance Comment

General Market Commentary