alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Barry P. RIFKIN and Flag Realty, Inc., Petitioners, v. The FLORIDA REAL ESTATE COMMISSION and Ronald L. Myers, Respondents.

No. 76-2713.

District Court of Appeal of Florida, Fourth District.

Aug. 9, 1977.

Rehearing Denied Sept. 20, 1977.

*666Barry D. Schreiber, North Miami Beach, for petitioners.

Howard Hadley and Vaughan David Hulse, Winter Park, for respondent, The Florida Real Estate Commission.

PER CURIAM.

The Petition for Writ of Certiorari is DENIED.

ALDERMAN, C. J., and DAUKSCH, J., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge,

dissenting.

In my opinion certiorari should be granted and the final order of the Florida Real Estate Commission quashed on the basis that neither the facts nor the law would support the suspension of petitioner’s real estate broker’s registration. The Supreme Court of Florida in *Pauline v. Borer,*274 So.2d 1 (Fla.1973), pointed out that the penalty of suspension of a real estate license should be sparingly and cautiously used and directed at the dishonest and unscrupulous broker, i. e., one who cheats, swindles or defrauds the general public. There is nothing in the recommended order of the hearing examiner or in the final order of the respondent suggesting that petitioner was “dishonest and unscrupulous.”

It should also be pointed out that while both the hearing examiner and the respondent found that petitioner had acted contrary to section 475.25(l)(a), Florida Statutes, the hearing examiner expressly found that the petitioner’s license should *not*be suspended. Although the respondent *accepted*the hearing examiner’s findings of fact it chose to reject the recommended penalty and, instead, sought to impose a greater penalty, i. e., suspension *without*affirmatively indicating the existence of anything in the record that would justify such increased penalty. See Section 120.-57(l)(b)9, Florida Statutes. Accordingly, I would grant the writ.
# L_2005261EN.01002501.xml

| 7.10.2005 | EN | Official Journal of the European Union | L 261/25 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/25

---

COMMISSION REGULATION (EC) No 1639/2005

of 6 October 2005

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof, |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, 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 notified from 30 September to 6 October 2005 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1058/2005.

Article 2

This Regulation shall enter into force on 7 October 2005.

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

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 174, 7.7.2005, p. 12.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, March 28, 2016. 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, March 28, 2016 The Court of Appeals hereby passes the following order A16A0967. BRIAN C. USHER v. STATE OF GEORGIA EX REL DEVANGELIA RENEA LANE.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
* 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

Fifth Circuit

FILED

February 7, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40392

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ADELA LARA-BARAJAS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 7:05-CR-276-ALL

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

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Adela LaraBarajas raises arguments that are foreclosed by United States v.

Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that

Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render

21 U.S.C. § 841 unconstitutional on its face. The Government’s

motion for summary affirmance is GRANTED, and the judgment of the

district court is AFFIRMED.
[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Page 59662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29068]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Associated Form, and OMB Number: Request for Family Member 
Educational Information; AF Form 1466A; OMB Number 0701-0122.
    Type of Request: Reinstatement.
    Number of Respondents: 31,656.
    Responses Per Respondent: 1.
    Annual Responses: 31,656.
    average Burden Per Response: 15 minutes.
    Annual Burden Hours: 7,914.
    Needs and Uses: The information collection requirement is necessary 
to evaluate family members' needs for any special medical or 
educational services; to assist in making CONUS/OCONUS assignment 
recommendations; and to code and re-enroll eligible family members into 
the Exceptional Family Member Program. Respondents are dependents and 
students who may require medical or education services. Information is 
collected prior to new assignments. Data is needed to ensure proper 
medical and educational needs are available at new assignments.
    Affected Public: Individuals or Households.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: October 29, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-29068 Filed 11-3-97; 8:45 am]
BILLING CODE 5000-01-M
Exhibit
31.02





CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO RULE 13a-14





I, Clay Newton, certify
that:





1.           I
have reviewed this annual report on Form 10-K/A, Amendment No. 1, of FX Energy,
Inc.; and





2.           Based
on my knowledge, this 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 report.





3.           [omitted]





4.           [omitted]





5.           [omitted]








Dated:
March 18, 2010








/s/ Clay
Newton


Clay
Newton


Principal
Financial Officer
Exhibit 15.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation
by reference in the following Registration Statements:



|(1) | Registration Statement (Form S-8 No. 333-166315) pertaining to the VimpelCom 2010 Stock Option Plan and VimpelCom Ltd.s Amended and Restated VimpelCom 2000
Stock Option Plan;
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | Registration Statement (Form S-8 No. 333-180368) pertaining to the VimpelCom Ltd. Executive Investment Plan, and
|--- | ----------------------------------------------------------------------------------------------------------------



|(3) | Registration Statement (Form S-8 No. 333-183294) pertaining to the VimpelCom Ltd. Director Investment Plan;
|--- | -----------------------------------------------------------------------------------------------------------

of our reports dated May 15, 2014, with respect to the consolidated financial statements of VimpelCom Ltd. and the effectiveness of internal control over
financial reporting of VimpelCom Ltd. included in this Annual Report (Form 20-F) of VimpelCom Ltd. for the year ended December 31, 2013.

/s/ERNST & YOUNG ACCOUNTANTS LLP

Amsterdam, The Netherlands
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           5,497
<SECURITIES>                                         0
<RECEIVABLES>                                    5,732
<ALLOWANCES>                                       379
<INVENTORY>                                        943
<CURRENT-ASSETS>                                12,882
<PP&E>                                           2,176
<DEPRECIATION>                                   1,061
<TOTAL-ASSETS>                                  48,238
<CURRENT-LIABILITIES>                            5,576
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            99
<OTHER-SE>                                      41,973
<TOTAL-LIABILITY-AND-EQUITY>                    48,238
<SALES>                                         12,770
<TOTAL-REVENUES>                                13,772
<CGS>                                           10,002
<TOTAL-COSTS>                                   10,398
<OTHER-EXPENSES>                                 9,180
<LOSS-PROVISION>                                   135
<INTEREST-EXPENSE>                                (66)
<INCOME-PRETAX>                                (5,875)
<INCOME-TAX>                                         6
<INCOME-CONTINUING>                            (5,881)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,881)
<EPS-BASIC>                                      (.60)
<EPS-DILUTED>                                    (.60)


</TABLE>
Exhibit 32.1

CERTIFICATION

PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002, 10 U.S.C.
SECTION 1350

In connection with the annual report on Form 10-K of Apollo Commercial Real Estate Finance, Inc. (the
Company) for the period ended December 31, 2010 to be filed with Securities and Exchange Commission on or about the date hereof (the Report), I, Joseph F. Azrack, President and Chief Executive Officer of the Company,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934.

Date: March 11, 2011



|    |  |                                             
|--- |  | --------------------------------------------
|By: |  | /s/ Joseph F. Azrack                        
|    |  | Joseph F. Azrack                            
|    |  | Title: President and Chief Executive Officer
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3552 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3552

To amend the Taxpayer Certainty and Disaster Tax Relief Act of 2020 to 
    allow qualified tax-exempt organizations to claim the employee 
retention credit for employers affected by qualified disasters against 
                   Medicare hospital insurance taxes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2023

  Mr. Kennedy introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Taxpayer Certainty and Disaster Tax Relief Act of 2020 to 
    allow qualified tax-exempt organizations to claim the employee 
retention credit for employers affected by qualified disasters against 
                   Medicare hospital insurance taxes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CREDIT AGAINST MEDICARE HOSPITAL INSURANCE TAX.

    (a) In General.--Paragraph (1) of section 303(d) of the Taxpayer 
Certainty and Disaster Tax Relief Act of 2020 is amended by striking 
``tax imposed by section 3111(a)'' and inserting ``taxes imposed by 
subsections (a) and (b) of section 3111''.
    (b) Conforming Amendment.--Subparagraph (A) of section 303(d)(3) of 
the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended 
by striking ``tax imposed by section 3111(a)'' and inserting ``taxes 
imposed by subsections (a) and (b) of section 3111''.
    (c) Transfers to Trust Funds.--Paragraph (5) of section 303(d) of 
the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended 
by inserting ``, the Federal Hospital Insurance Trust Fund established 
under section 1817 of such Act (42 U.S.C. 1395i),'' after ``(42 U.S.C. 
401)''.
    (d) Effective Date.--The amendments made by this section shall 
apply as if included in the enactment of section 303 of the Taxpayer 
Certainty and Disaster Tax Relief Act of 2020.
                                 <all>
```
----

----

|   | (1) | The      Report fully complies with the requirements of section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended;  and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the Company      as of and for the period(s) covered in the  Report. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      July 24, 2008 |   |   |
|--------------------------|--------|--------|

|   | By:    | /s/      Richard M. Lavers   |
|--------|--------|------------------------------|
|   |   | Richard      M. Lavers       |
|   |   | Chief      Executive Officer |

----
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 Bio-Matrix Scientific Group, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:





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:  July 21, 2010




By:
/s/ David R. KoosDavid R. KoosChief Executive Officer





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002, or other document authentications, 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 Bio-Matrix Scientific Group, Inc. and will be retained by Bio-Matrix Scientific Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1

                                                                   EXHIBIT 21.01

                       LIST OF REGISTRANT'S SUBSIDIARIES

<TABLE>
<CAPTION>
                                                                                         PERCENTAGE OWNED
                          NAME                            JURISDICTION OF ORGANIZATION    BY REGISTRANT
                          ----                            ----------------------------   ----------------
<S>                                                       <C>                            <C>
ESS (Far East) Ltd. ....................................           Hong Kong                   100%
ESS Technology International, Inc. .....................         Cayman Islands                100%
OSEE Technology, Inc. ..................................           California                  100%
VideoCore Technology, Inc. .............................           California                  100%
NetRidium...............................................           California                  100%
Platform Technologies, Inc. ............................           California                  100%
ESS International, Inc. ................................         Cayman Island                 100%
ViAlta.com (Hawaii), Inc. ..............................             Hawaii                     62.9%
ViAlta.com, Inc. .......................................           California                   62.9%
ViAlta.com International, Inc. .........................         Cayman Island                  62.9%
Vcom Canada Holdings, Inc. .............................           California                   62.9%
Wei Fhi Technology, Inc. ...............................         Cayman Island                 100%
Vsystems International, Inc. ...........................         Cayman Island                 100%
</TABLE>