alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Irwin L. MAGRI, Jr. v. CITY OF NEW ORLEANS and New Orleans Police Department.

No. 9069.

Court of Appeal of Louisiana, Fourth Circuit.

Oct. 19, 1977.

Sanford Krasnoff, New Orleans, for plaintiff-appellant.

Philip S. Brooks, City Atty., and Michael A. Starks, Asst. City Atty., for defendant-appellee.

Before LEMMON, STOULIG and BOU-TALL, JJ.

*1316ON MOTION TO DISMISS

LEMMON, Judge.

On August 13, 1974 plaintiff appealed his dismissal from the New Orleans Police Department to the Civil Service Commission, the appeal bearing Docket No. 748. After the appointing authority filed exceptions of lis pendens, the Commission ruled that plaintiff has a right to a hearing before the Commission, but stayed the proceeding while another suit by plaintiff was pending in federal court. Plaintiff filed a “partial appeal” to this court, complaining only of the stay order.

On June 18, 1975 plaintiff and the appointing authority executed a compromise agreement, in which plaintiff agreed, in consideration for certain promises made by the appointing authority, to dismiss his appeal pending before the Commission bearing Docket No. 748. On the same day a joint motion to dismiss the appeal was presented to the Commission, and the Commission thereafter accepted the motion and dismissed the appeal with prejudice. The “partial appeal” to this court was also dismissed on joint motion.

On June 8, 1977 plaintiff presented the Commission with a motion to reinstate his appeal on the grounds that the appointing authority “failed to live up to the compromise agreement”. The Commission denied the motion. Plaintiff then filed the present appeal, and the appointing authority moved to dismiss the appeal.

The appointing authority points out that plaintiff’s recourse is to enforce the compromise, an action over which the Commission has no jurisdiction. Plaintiff argues he is not seeking to enforce the compromise, but that argument begs the question of whether any other relief remains available.

Compromises have, between the parties, a force equal to the authority of things adjudged. C.C. art. 3078, 3556(31). Therefore, plaintiff’s complaints regarding his dismissal by the appointing authority has been finally adjudged, and the Civil Service Commission has no power and authority to grant plaintiff relief as to this complaint, absent a declaration of nullity of the compromise.

The appeal is dismissed.

*APPEAL DISMISSED.*
# C_2021310EN.01001002.xml

| 2.8.2021 | EN | Official Journal of the European Union | C 310/10 |
| --- | --- | --- | --- |

2.8.2021

EN

Official Journal of the European Union

C 310/10

---

Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 4 May 2021 — VA v Deutsche Rentenversicherung Bund

(Case C-283/21)

(2021/C 310/13)

Language of the case: German

Referring court

Landessozialgericht Nordrhein-Westfalen

Parties to the main proceedings

Applicant: VA

Defendant: Deutsche Rentenversicherung Bund

Intervener: RB

Questions referred

| 1. | Is under the legislation of the Netherlands — as the Member State which is competent under Title II of Regulation (EC) No 883/2004] (1) — a child-raising period taken into account within the meaning of Article 44(2) of Regulation (EC) No 987/2009 (2) by virtue of the fact that the period of child-raising in the Netherlands, as a pure period of residence, gives rise to a pension entitlement?
  If Question 1 is answered in the negative: |
| --- | --- |

1.

Is under the legislation of the Netherlands — as the Member State which is competent under Title II of Regulation (EC) No 883/2004] (1) — a child-raising period taken into account within the meaning of Article 44(2) of Regulation (EC) No 987/2009 (2) by virtue of the fact that the period of child-raising in the Netherlands, as a pure period of residence, gives rise to a pension entitlement?

If Question 1 is answered in the negative:

| 2. | Is Article 44(2) of Regulation No 987/2009 — following on from the judgments of 23 November 2000 in Case C-135/99 (3) and of 19 July 2012 in Case C-522/10 (4) — to be interpreted broadly as meaning that the competent Member State must also take into account the child-raising period if the person raising the child has completed pension-relevant periods before and after the child-raising due to education or employment only in the scheme of that State, but did not pay contributions into that scheme immediately before or after the child-raising? |
| --- | --- |

2.

Is Article 44(2) of Regulation No 987/2009 — following on from the judgments of 23 November 2000 in Case C-135/99 (3) and of 19 July 2012 in Case C-522/10 (4) — to be interpreted broadly as meaning that the competent Member State must also take into account the child-raising period if the person raising the child has completed pension-relevant periods before and after the child-raising due to education or employment only in the scheme of that State, but did not pay contributions into that scheme immediately before or after the child-raising?

---

(1)  Regulation of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2)  Regulation of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1).

(3)  EU:C:2000:647, Elsen.

(4)  EU:C:2012:475, Reichel-Albert.

---
Report of the Audit Committee

 

February 9, 2001

Board of Directors

Electronic Systems Technology, Inc.

The Audit Committee has conducted oversight activities for Electronic Systems Technology, Inc. in accordance with the duties and responsibilities outlined in the Audit Committee charter.

The Audit Committee, with the assistance of the Company's accounting department and Management, has fulfilled is objectives and responsibilities as specified by the Audit Committee charter, and has provided adequate and appropriate independentoversight and monitoring of Electronic Systems Technology's systems of internal control for the year ended December 31, 2000.  

These activities included, but were not limited to, the following accomplishments for the year ended December 31, 2000:

Reviewed and discussed the audited financial statements for the year ended December 31, 2000 with Management

Discussed with Robert Moe & Associates, P.S. matters requiring discussion by Statement of Auditing Standards (SAS) No. 61.

Discussed with, and received written disclosures and a letter from Robert Moe & Associates, P.S. relating to their independence, as required by Independence Standards Board Standard No. 1.

Based on the above, the Audit Committee recommends the audited financial statements for the year ended December 31, 2000 be included in Electronic Systems Technology's Annual Report on Form 10KSB to be filed with the Securities and Exchange Commission.

Respectfully submitted, 

Electronic Systems Technology, Inc Audit Committee

Melvin H. Brown, Chairman

John L. Schooley

Robert Southworth
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1206 Enrolled Bill (ENR)]

<DOC>

        S.1206

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To redesignate the Federal building located at 380 Trapelo Road in 
Waltham,


      Massachusetts, as the ``Frederick C. Murphy Federal Center''.

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

SECTION 1. REDESIGNATION.

    The Federal building located at 380 Trapelo Road in Waltham, 
Massachusetts, and known as the Waltham Federal Center, shall be known 
and designated as the ``Frederick C. Murphy Federal Center''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Frederick C. 
Murphy Federal Center''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`
EXHIBIT 32.1


          CERTIFICATIONS OF JAMES W. LANDRUM, CHAIRMAN OF THE BOARD AND
     CHIEF EXECUTIVE OFFICER, AND MICHAEL H. MCILVAIN, SENIOR VICE PRESIDENT
         AND CHIEF FINANCIAL OFFICER, PURSUANT TO 18 U.S.C. SECTION 1350


The undersigned officers of Golden Chief Resources, Inc. hereby certify that (a)
Golden Chief's Annual Report on Form 10-K for the fiscal year ended September
30, 2004, as filed with the Securities and Exchange Commission (the "Report"),
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 and (b information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of Golden
Chief.

Date: August 11, 2005                            /s/ JAMES W. LANDRUM
                                                   ------------------

                                                James W. Landrum
                                                Chairman of the Board and Chief
                                                Executive Officer,
                                                Golden Chief Resources, Inc.

Date: August 11, 2005                            /s/ MICHAEL H. MCILVAIN
                                                   ---------------------
                                                Michael H. McIlvain
                                                Senior Vice President and Chief
                                                Financial Officer,
                                                Golden Chief Resources, Inc




A signed original of this written statement has been provided to Golden Chief
Resources, Inc. and will be retained by Golden Chief Resources, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with theQuarterly Report of LOUD Technologies Inc. (the “Company”) on Form 10-Q for theperiod ended June 30, 2006 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), we, James T. Engen and Timothy P. O’Neil,Chief Executive Officer and Chief Financial Officer, respectively, of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that:

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Dated:  August 14, 2006 | By:    |   | /s/ James T. Engen                                                                                                                  |
|------------------------------|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------|
|                         |   |   | James T. Engen                                                                                                                      |
|                         |   |   | *Chairman, President and Chief  Executive Officer*                                                                                  |
|                         |   |   |                                                                                                                                |
|                         |   |   |                                                                                                                                |
|                         |   |   | /s/ Timothy P. O’Neil                                                                                                          |   |
|                         |   |   | Timothy P. O’Neil                                                                                                              |
|                         |   |   | *Chief Financial Officer, Senior  Vice*

*President, Secretary and*

*Treasurer (Principal Financial*

*and*

*Accounting Officer)* |

 

A signed original of thiswritten statement required by Section 906 has been provided to LOUD TechnologiesInc. and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

----
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 The Gillette Company (the "Company")
on Form 10-Q for the period ended March 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Charles W. Cramb,
Chief Financial 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
to my 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 conditions and results of operations of the Company.


                              /s/ Charles W. Cramb
                              ----------------------------------
                              Charles W. Cramb
                              Senior Vice President, Chief Financial
                              Officer


Date:  May 6, 2003


A signed original of this written statement required by Section 906 has been
provided to The Gillette Company and will be retained by The Gillette Company
and furnished to the Securities and Exchange Commission or its staff upon
request.
258 La. 704

#### Perry J. SEGURA v. UNITED STATES AIRCRAFT INSURANCE GROUP.

No. 51368.

Supreme Court of Louisiana.

May 20, 1971.

In re: Perry J. Segura applying for certiorari or writ of review to the Court of Appeal, Third Circuit, Parish of Iberia. 246 So.2d 880.

Application denied; on the facts found by the court of appeal, we cannot say the result is wrong.
# C_2023155EN.01004901.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/49 |
| --- | --- | --- | --- |

2.5.2023

EN

Official Journal of the European Union

C 155/49

---

Judgment of the General Court of 8 March 2023 — Sympatex Technologies v EUIPO — Liwe Española (Sympathy Inside)

(Case T-372/21) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark Sympathy Inside - Earlier EU word mark INSIDE. - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of the earlier mark - Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) - No alteration of distinctive character)

(2023/C 155/62)

Language of the case: English

Parties

Applicant: Sympatex Technologies GmbH (Unterföhring, Germany) (represented by: E. Strauß, lawyer)

Defendant: European Union Intellectual Property Office (represented by: G. Predonzani and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Liwe Española, SA (Puente Tocinos, Spain) (represented by: Á. Pérez Lluna, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 April 2021 (Case R 1777/2018-5).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Sympatex Technologies GmbH to pay the costs. |
| --- | --- |

2.

Orders Sympatex Technologies GmbH to pay the costs.

---

(1)  OJ C 329, 16.8.2021.

---
```

                                                                   Exhibit 4.3

COMMON STOCK                                              COMMON STOCK
PAR VALUE $.005                                          PAR VALUE $.005

                                                       CUSIP 826322 10 9
                                            SEE REVERSE FOR CERTAIN DEFINITIONS

INCORPORATED UNDER
    THE LAWS OF
THE STATE OF NEVADA

                          SIERRA HEALTH SERVICES, INC.

THIS CERTIFIES THAT

IS THE RECORD HOLDER OF

           FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK OF

Sierra Health  Services,  Inc.  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:

Countersigned and Registered:
         WELLS FARGO BANK MINNESOTA, N.A.
           Transfer Agent and Registrar

         By

           Authorized Signature       Frank E. Collins      Anthony M. Marlon

                                      SECRETARY             CHAIRMAN
```
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<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       3,259,494
<SECURITIES>                                11,460,440
<RECEIVABLES>                               12,581,465
<ALLOWANCES>                                 (932,393)
<INVENTORY>                                 11,877,761
<CURRENT-ASSETS>                            39,784,131
<PP&E>                                      15,390,159
<DEPRECIATION>                             (4,931,181)
<TOTAL-ASSETS>                              50,655,408
<CURRENT-LIABILITIES>                        5,981,501
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<TOTAL-LIABILITY-AND-EQUITY>                50,655,408
<SALES>                                     35,452,340
<TOTAL-REVENUES>                            35,452,340
<CGS>                                       21,939,391
<TOTAL-COSTS>                                9,992,857
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               124,269
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,810,667
<INCOME-TAX>                                 1,257,500
<INCOME-CONTINUING>                          2,553,167
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,553,167
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .19
        

</TABLE>
#### The People of the State of New York, Respondent, v Angel Bigio, Appellant.

[655 NYS2d 974]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered May 1, 1995, convicting him of murder in the second degree (two counts), kidnapping in the first degree, grand larceny in the fourth degree, criminal possession of a weapon in the second degree (two counts), and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement authorities.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, his statements to the police were admissible at trial since there was no illegality in the procedures employed in effectuating his arrest. The police clearly had probable cause to arrest the defendant as they found his fingerprint on a bag recovered from the stolen van where the dead body was found, and because, upon seeing the police in the hallway outside his apartment, the defendant immediately took flight through an open window into an adjacent abandoned building, where he was later found and taken into custody *(see, People v McCreary,*186 AD2d 1070; *People v Pate,*182 AD2d 717).

We find no merit in the defendant’s claim that the delay between his arrest and arraignment was calculated to deprive him of his right to counsel *(see, People v Hopkins, 58*NY2d 1079). Although the defendant denied any involvement in the murder, he admitted to the police that he had stolen the van in which the body was found, and the delay afforded the police an opportunity to investigate leads given to them by the defendant *(see, People v White,*186 AD2d 321; *People v Quartieri,*171 AD2d 889).

There is no merit to the defendant’s assertion that the court erred in rejecting as pretextual the race-neutral explanation provided by his counsel concerning the second juror he peremptorily challenged in the third round of jury selection *(see, Purkett v Elem,*514 US 765; *People v Payne, 88*NY2d 172, 184; *People v McDougle,*230 AD2d 808).

The defendant’s sentence was not excessive *(see, People v Suitte,*90 AD2d 80). O’Brien, J. P., Santucci, Joy and Friedmann, JJ., concur.