alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Samuel Paley et al., Plaintiffs, *v.*Evelyn C. Smith, Defendant.

(Supreme Court, Kings Special Term for Trials,

December, 1911.)

Costs: When allowable — In general — Discretion under the .Code generally: Amount — Where costs are in the discretion of the court.

In an-equity case, costs are in the discretion of the court; and, in the exercise of such discretion, the court may properly award the defendant upon sustaining his demurrer to the complaint ten dollars costs, thus conforming the costs to those on a.motion for judgment on the pleadings.

Application for the allowance of costs in an action in equity.

*561George Tonkonogy, for plaintiffs.

Abraham Walodarsky, for defendant.

Crane, J.

The defendant insists upon a full bill of costs as a matter of right upon the decision sustaining the demurrer to the complaint in this, an equity action. Costs in an equity action are discretionary, both as to the granting and as to the amount, except that the total amount cannot exceed that authorized by statute. Code Civ. Pro., § 3230.

In actions at law, costs upon the sustaining of a demurrer are not discretionary, but must be allowed in the amount specified by statute; fifteen dollars after notice of trial and twenty dollars trial fee. 2 Rumsey Pr. 273; DeTurckhein v. Thomas, 113 App. Div. 123, and cases therein cited.

In all the cases cited where costs have been held to be mandatory and not discretionary, it will be noted that it is specifically stated that the action is one at common law and not in equity. DeTurckheim v. Thomas, *supra,.*

A different rule also applies to special proceedings, such ■as was the case of People ex rel. Scribner v. Water Commissioners, 58 App. Div. 554. According to section 3240 of the Code costs may be allowed in the discretion of the court; but, if allowed, they must be at the rates fixed by the statutes in an action. See also Matter of Protestant Episcopal Public School, 86 N. Y. 396.

This being an action in equity, I have allowed but ten dollars costs, conforming the practice to that of a hearing upon the motion for judgment pursuant to sections 547 and 976 of the Code of Civil Procedure.

Ordered accordingly.
256 La. 855

#### Dunice P. BRASSEAUX v. Ray J. GIROUARD.

No. 50806.

Supreme Court of Louisiana.

Sept. 30, 1970.

In re: Ray J. Girouard applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette.

Writ refused. There appears no error of law in the ruling complained of.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KONG PRAK,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-71176

Agency No. A095-442-763

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 5, 2014** 

Pasadena, California

Before: BYBEE and IKUTA, Circuit Judges, and ZILLY, Senior District Judge.***

FILED

MAR 10 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not

precedent except as provided by 9th Cir. R. 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Thomas S. Zilly, Senior District Judge for the U.S.

District Court for the Western District of Washington, sitting by designation.
Kong Prak, a native and citizen of Cambodia, petitions for review of a final

order of the Board of Immigration Appeals, affirming the decision of an

immigration judge (“IJ”) to deny his application for asylum, withholding of

removal, and protection under the provisions of the Convention Against Torture

(“CAT”). We have jurisdiction generally under 8 U.S.C. § 1252 and we have

jurisdiction to review the denial of asylum as the appeal presents mixed questions

of fact and law. Khan v. Holder, 584 F.3d 773, 780 (9th Cir. 2009). We deny the

petition for review.

The IJ determined that Prak should have known that the Cambodia Freedom

Fighters (“CFF”) was a terrorist organization, as defined in 8 U.S.C. §

1182(a)(3)(B)(vi), during the time that he was a member and solicited others for

membership, and therefore was ineligible for asylum. See 8 U.S.C. §

1158(b)(2)(A)(v); 8 U.S.C. § 1182(a)(3)(B)(iv)(V). The IJ was not obligated to

consider the factors set forth in the Foreign Affairs Manual (“FAM”), which refers

only to factors that must be considered in evaluating a visa application. 9 FAM

40.32 n2.1. Furthermore, the IJ’s decision is supported by substantial evidence as

Prak admitted in his asylum application that he was an active member of the CFF

at the time the CFF engaged in terrorist activity, as defined in § 1182(a)(3)(B)(iii),

by attempting a violent coup of the Cambodian government. Because Prak failed

2
to establish by clear and convincing evidence that he should not reasonably have

known that the CFF was a terrorist organization when he solicited individuals for

membership, Prak was ineligible for asylum. See § 1182(a)(3)(B)(iv)(V)(cc).

PETITION FOR REVIEW DENIED. 

3
# Official Journal C 43A/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 43A |
| | |
| English edition | Information and Notices | Volume 5221 February 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 43A

English edition

Information and Notices

Volume 5221 February 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 043A/01 | Common catalogue of varieties of agricultural plant species — first supplement to the 27th complete edition | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 043A/01

Common catalogue of varieties of agricultural plant species — first supplement to the 27th complete edition

1

---

| | |
| --- | --- |
| 2009/C 043A/02 | Note to the reader (see page 3 of the cover) | s3 |

2009/C 043A/02

Note to the reader (see page 3 of the cover)

Note to the reader

s3

---

| EN | |
| --- | --- |

EN
#### IRVING *v.*STATE

[No. 125,

September Term, 1962.]

*Decided January 15, 1963.*

Submitted on the brief to Bruñe, C. J., and Hammond, Prescott, Marbury and Sybert, JJ.

Submitted by *Benjamin Foreman*for appellant.

Submitted by *Thomas B. Finan, Attorney General, Russell R. Reno, Jr., Assistant Attorney General, William J. O’Donnell, State’s Attorney,*and *Joseph G. Koutz, Assistant State’s Attorney,*for appellee.

Per Curiam.

After being found guilty of burglary by Judge Manley, sitting without a jury, and being sentenced, the defendant has appealed.

He contends that the evidence is insufficient to support his conviction in that the State failed to prove his intent to steal.

The contention is without merit, being obviously based upon the “nothing to lose” philosophy now so frequently invoked by indigent criminals.

It is well-settled law that in prosecutions for burglary the intent may be inferred from the circumstances. *Shipley v.*
      *365
      *State,*220 Md. 463, 154 A. 2d 708; *Holtman v. State,*219 Md. 512, 150 A. 2d 223; *Felkner v. State,*218 Md. 300, 146 A. 2d 424; *Cooper v. State,*220 Md. 183, 152 A. 2d 120. In the instant case, the evidence not only permits an inference of an intent to steal by the appellant, but some of the purloined property was actually found upon his person before he could escape. He, one “Flatfoot,” and another man were interrupted at a time when they were ransacking a dwelling. All three ran out of the house, but appellant was caught before he could get away. At first, he denied being in the house but later admitted that he was, and, when he was apprehended, a pair of gloves belonging to the matron of the dwelling fell from his pockets. There was ample evidence of his intent to steal.

*Judgment affirmed.*
#### Harry Lee BELL, Petitioner, v. STATE of Florida, Respondent.

No. 42402.

Supreme Court of Florida.

July 17, 1972.

Certiorari denied. 262 So.2d 244.

CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
##### 

Exhibit 15.1

Deloitte Accountants B.V.

Flight Forum 1

5657 DA Eindhoven

P.O. Box 782

5600 AT Eindhoven

The Netherlands

Tel: +31 (40) 2345000

Fax: +31 (40) 2345407

www.deloitte.nl

ASML Holding N.V.

De Run 6501

5504 DR Veldhoven

|                          |  |                        |  | 
|------------------------- |  | ---------------------- |  | 
|Date
    January 26, 2007 |  | From
    J.G.C.M. Buné |  | 

Consent of Independent Registered Public Accounting Firm


S-8 333-109154, 333-105600, 333-116337, 333-126340 333-136362) 20-F
UPI
WORLDWIDE NEWS, INC.
T/A UNITED PRESS INTERNATIONAL
1510 H STREET, N.W.
WASHINGTON, D.C. 20005
202-898-8000

                     SUBSCRIPTION AGREEMENT

SUBSCRIBER INFORMATION

Corporate Name:     USA RADIO NETWORK

Address:            2290 Springlake Road, Suite 107

City, State, Zip:   Dallas, TX 75234

Federal Identification Number:

================================================================

1.   PRODUCT(S): Subject to compliance by Subscriber with all of
     the terms of this Agreement, UPI grants to subscriber the
     non-exclusive right and privilege to use the "Product(s)"
     described in the Schedule below.  These "Product(s)" are to
     be used for news and informational purposes only.
     Subscriber agrees that the "Product(s)" are to be used at
     the following "User's Location" only and by the named
     "Organization" only, except for the immediate distribution
     to Subscriber's readers, listeners, or viewers:
     User Location:      same
     Address:       same
     City, State, Zip:   same
     Contact Name:  Tom Tradup, VP/GM
     Telephone:  800-829-8111, Ext 138
     FAX:  972-241-6826

2.   START DATE:    June 1, 1998

3.   TERM:  This Agreement shall continue for 24 months
     commencing on actual initiation of service, if different
     from date shown in Paragraph 2.

4.   RATE:  Subscriber agrees to pay UPI a "Total Monthly Rate"
     of $10,000.00 except that during the first six months the
     rate shall be $7,500.00 monthly and based upon the following
     Schedule of service.

PRODUCT(S), EQUIPMENT, DELIVERY, SOFTWARE:
UPI TEXT (50%) AND AUDIO CUTS SERVICE (50%)  $10,000.00 MONTHLY

<PAGE>

I hereby certify that I have read and agree to be bound by all
terms and conditions on the front and reverse side of this
agreement.  Upon the signing or upon the first receipt of the
Product(s), whichever occurs first, this agreement goes into
effect and binds both parties and/or their successors and
assigns.  Made this      day of              1998, in
Washington, D.C.

USA RADIO NETWORK

/s/ Thomas R. Tradup     VICE PRESIDENT & GENERAL MANAGER 3/27/98
-----------------------  -------------------------------- -------
AUTHORIZED SIGNATURE     TITLE                              DATE
  FOR SUBSCRIBER
     Thomas R. Tradup

/s/
-----------------------  -------------------------------- -------
ACCEPTED BY (AUTHORIZED       TITLE                    DATE
 UPI SIGNATURE)
#### Joseph Robert CRAWFORD, Appellant, v. Albert M. MIZE.

No. 17246.

United States Court of Appeals Eighth Circuit.

Jan. 14, 1963.

Shrout & Foley, Omaha, Neb., and Robert Dippel, Council Bluffs, Iowa, for appellant.

Donald P. Baird, Council Bluffs, Iowa, Richard T. Churchill and L. R. Brodkey, Omaha, Neb., for appellee.

PER CURIAM.

Appeal docketed and dismissed at cost of appellant on motion of appellee and memorandum brief in support, etc.
Exhibit 99.2





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 of General Kinetics Incorporated (the Company) on Form 10-Q for the period ending
November 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Sandy B. Sewitch, Chief Financial 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 results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------




/s/    Sandy B. SewitchSandy B. Sewitch Chief Financial Officer January 14, 2003




24
#### STATE of Louisiana ex rel. Edward JOHNSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

No. 53864.

Supreme Court of Louisiana.

Sept. 14, 1973.

In re: Edward Johnson applying for writs of habeas corpus, mandamus, prohibition and other remedial writs.

Writ denied. No showing made to warrant the exercise of our supervisory jurisdiction.
**EXHIBIT 10.34****Summary of Executive Salary and Bonus Arrangements**The table below summarizes the current annual salary and bonus arrangements we have with eachof our current executive officers. All of the compensation arrangements we have with our executiveofficers, including with respect to annual salaries and bonuses, are reviewed and may be modifiedfrom time to time by the Compensation Committee of our Board of Directors. The CompensationCommittee approved the annual salary and bonus arrangements noted in the table below.We have written employment arrangements with each of our executive officers, and a copy ofeach such employment arrangement is filed as an exhibit to the accompanying Annual Report on Form10-K. The non-salary and bonus components of our compensation arrangements with our executiveofficers, including with respect to severance, option grants and other benefits, are described inthose respective agreements. We generally pay bonuses, if any, to our executive officers on aquarterly basis. Certain of our executive officers participate in the executive bonus plan that wasadopted by the Compensation Committee on February 9, 2005, a description of which is filed asExhibit 10.33 to the accompanying Annual Report on Form 10-K. In addition to the bonus arrangementsnoted in the table below, all of our executive officers are eligible for discretionary bonuses asdetermined from time to time by the Compensation Committee.           **Annual**    **Executive Officer** **Base Salary**  **Bonus** Frank F. KhulusiChairman, President and Chief Executive Officer $800,000   (1)         Brandon H. LaVerneInterim Chief Financial Officer, Treasurer and Chief Accounting Officer $206,748   (2)         Kristin M. RogersExecutive Vice President—Sales and Marketing $335,000   (1)         Daniel J. DeVriesExecutive Vice President—Consumer $275,000   (1)         Robert I. NewtonGeneral Counsel and Secretary $300,000   (3) (1) Mr. Khulusi, Ms. Rogers and Mr. DeVries are eligible to participate in our executive bonusplan referenced above. (2) Mr. LaVerne is eligible to receive an annual bonus of up to $56,000, paid in quarterlyinstallments, as well as discretionary bonuses as determined from time to time by theCompensation Committee. (3) Mr. Newton is eligible to receive an annual bonus of up to $120,000, paid in quarterlyinstallments, as well as discretionary bonuses as determined from time to time by theCompensation Committee.
# Official Journal L 321/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.321.eng |
| --- | --- |
| Official Journal
  of the European Union | L 321 |
| | |
| English edition | Legislation | Volume 5630 November 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.321.eng

Official Journal

of the European Union

L 321

English edition

Legislation

Volume 5630 November 2013

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 1202/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 1215/2009 in relation to tariff quotas for wine | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 1202/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 1215/2009 in relation to tariff quotas for wine

1

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1) | 6 |

Corrigenda

*

Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1)

(OJ L 176, 27.6.2013, p. 1)

6

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE TEMTEX INDUSTRIES,
INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED
FEBRUARY 28, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000110740
<NAME> TEMTEX INDUSTRIES, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-START>                             SEP-01-1997
<PERIOD-END>                               FEB-28-1998
<CASH>                                             919
<SECURITIES>                                         0
<RECEIVABLES>                                    4,994
<ALLOWANCES>                                       376
<INVENTORY>                                      8,415
<CURRENT-ASSETS>                                15,304
<PP&E>                                          29,017
<DEPRECIATION>                                  21,772
<TOTAL-ASSETS>                                  22,880
<CURRENT-LIABILITIES>                            4,496
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           718
<OTHER-SE>                                      15,487
<TOTAL-LIABILITY-AND-EQUITY>                    22,880
<SALES>                                         18,875
<TOTAL-REVENUES>                                18,875
<CGS>                                           13,436
<TOTAL-COSTS>                                   13,436
<OTHER-EXPENSES>                                  (12)
<LOSS-PROVISION>                                    79
<INTEREST-EXPENSE>                                 243
<INCOME-PRETAX>                                    707
<INCOME-TAX>                                       283
<INCOME-CONTINUING>                                424
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       424
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12
        

</TABLE>
<PAGE>   1
                                                                     Exhibit 11

                    BOISE CASCADE OFFICE PRODUCTS CORPORATION
                        COMPUTATION OF PER SHARE EARNINGS



<TABLE>
<CAPTION>
                                                           For the Year Ended December 31
                                                           ------------------------------
                                                    1998                1997               1996     
                                               ---------------    -----------------   ---------------
                                                      (in thousands, except share information)
<S>                                            <C>                <C>                 <C>            
BASIC EARNINGS PER SHARE
Net income                                     $        53,067    $          56,886   $        55,349
                                               ===============    =================   ===============

Shares of Common Stock:
   Weighted average shares outstanding              65,715,120           63,788,448        62,444,170
   Effect of contingent shares                          26,452              345,541           475,828
                                               ---------------    -----------------   ---------------
                                                    65,741,572           64,133,989        62,919,998
                                               ===============    =================   ===============
Basic earnings per share (1)                   $           .81    $             .89   $           .88
                                               ===============    =================   ===============


DILUTED EARNINGS PER SHARE
Net income                                     $        53,067    $          56,886   $        55,349
                                               ===============    =================   ===============

Shares of Common Stock:
   Weighted average shares outstanding              65,715,120           63,788,448        62,444,170
   Effect of contingent shares                          26,452              345,541           475,828
   Effect of options                                    50,268              118,370           216,286
                                               ---------------    -----------------   ---------------
                                                    65,791,840           64,252,359        63,136,284
                                               ===============    =================   ===============

Diluted earnings per share (1)                 $           .81    $             .89   $           .88
                                               ===============    =================   ===============
</TABLE>





(1)   Information concerning earnings per share is included in Note 1, "Summary
      of Significant Accounting Policies," of the Notes to Financial Statements
      in our 1998 Annual Report and is incorporated herein by reference.