alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### United States Fidelity and Guaranty Company, Respondent, v Orix Credit Alliance, Inc., Appellant, et al., Defendants.

[736 NYS2d 274]

In an action, inter alia, for a judgment declaring the obligations of the parties pursuant to a certain undertaking agreement, the defendant Orix Credit Alliance, Inc., appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Rudolph, J.), dated November 29, 2000, as failed to award it interest from May 14, 1998.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

It is well settled that a surety’s obligation is strictly construed and cannot be extended beyond the plain language of the contract *(see, Becker v Faber,*280 NY 146, 149; *Mid-State Precast Sys. v Corbetta Constr. Co.,*202 AD2d 702; *Mendel-Mesick-Cohen-Architects v Peerless Ins. Co.,*74 AD2d 712). Since the undertaking in this case did not obligate the plaintiff surety to pay interest which accrued prior to its default, the Supreme Court properly determined that the appellant was not entitled to such interest from the plaintiff *(cf., Mid-State Precast Sys. v Corbetta Constr. Co., supra; U.S. Capital Ins. Co. v Buffalo & Erie County Regional Dev. Corp.,*177 AD2d 949). Goldstein, J.P., McGinity, H. Miller and Townes, JJ., concur.
#### Carl WARREN, Appellant, v. STATE of Florida, Appellee.

No. 70-149.

District Court of Appeal of Florida, Second District.

Sept. 23, 1970.

PER CURIAM.

Affirmed.
# C_2011310EN.01000901.xml

| 22.10.2011 | EN | Official Journal of the European Union | C 310/9 |
| --- | --- | --- | --- |

22.10.2011

EN

Official Journal of the European Union

C 310/9

---

Special Report No 9/2011 ‘Have the e-Government projects supported by ERDF been effective?’

2011/C 310/06

The European Court of Auditors hereby informs you that Special Report No 9/2011 ‘Have the e-Government projects supported by ERDF been effective?’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: euraud@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: euraud@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 25, 2013

t0617 

# Order

Clerk June 25, 2013

146912

PEOPLE OF THE STATE OF MICHIGAN,

P laintiff

- Appellee,

v SC: 146912

COA: 313913

Livingston CC: 11

- 020337

- FC

NESTOR OMAR HERNANDEZ

- GUZMAN,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 7, 2013

order of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
Z. ae " sev- Inquiries numbered 7, 16, and 17 are nt toe asked in tupac o inate Inquiries ‘numbered 11, 12, 15, 16, 17, 19, ani 20/ ate to be aeuere if at:
Page 0.422 = : merely by an affirmative mark, as /. £ _

, in the County of de Laciflchats State

, Asst Marshal.

—

| Attended schoo) within the year,

CONSTITUTIOX AL |
_RELATIONs.

| VALUE or REaL Estate |
DESCRIPTION. OWNED:

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|
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or Territory of U. 8.; or the |
| Country, if of'fereign birth. |

Color,—White (W.), Black

Profession, Occupation,
or Trade of each persun,
male or female, .

The name of every person whose
place of abode on the firet day of
Jane, 1870, was in this family.

n (I.)

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of visitation,

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If born within the year, state

undor | year, give months
month (Jan, Feb.,

in fractions, tls, Ye

years of age snd upwards,

whores right to vote Is
denied or abridged on

other grounds than re-
bellion or other crimie.

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(B.), Mulatto (M,), | Chi-
month (Jan., Feb., &c.)
Male Citizensof U.8. rin

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Sex,.—Malea (M.),
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Cannot write.
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@ | Value of Real Estate.
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```

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Page 72816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29902]

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

COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meetings

TIME AND DATE:  11 a.m., Friday December 17, 2010.

PLACE:  1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

STATUS:  Closed.

MATTERS TO BE CONSIDERED: Surveillance and Enforcement Matters.

CONTACT PERSON FOR MORE INFORMATION:  Sauntia S. Warfield, 202-418-
5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2010-29902 Filed 11-23-10; 11:15 am]
BILLING CODE 6351-01-P
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-2000
<PERIOD-END>                               JAN-31-2000
<CASH>                                             224
<SECURITIES>                                         0
<RECEIVABLES>                                  574,529
<ALLOWANCES>                                    15,838
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                           7,596
<DEPRECIATION>                                   3,300
<TOTAL-ASSETS>                                 572,385
<CURRENT-LIABILITIES>                                0
<BONDS>                                        245,350
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     152,590
<TOTAL-LIABILITY-AND-EQUITY>                   572,385
<SALES>                                              0
<TOTAL-REVENUES>                                99,814
<CGS>                                                0
<TOTAL-COSTS>                                   37,935
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,203
<INCOME-PRETAX>                                 34,676
<INCOME-TAX>                                    12,400
<INCOME-CONTINUING>                             22,276
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    22,276
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 98-40124 Conference Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus ERIC ANTOINE, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CR-100-1 - - - - - - - - - - - August 19, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM: * Court-appointed counsel for Eric Antoine has filed a brief as required by Anders v. California , 396 U.S. 738 (1967), and we have independently reviewed the brief and record and found no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein and the APPEAL IS DISMISSED.
# C_2011279EN.01002901.xml

| 23.9.2011 | EN | Official Journal of the European Union | C 279/29 |
| --- | --- | --- | --- |

23.9.2011

EN

Official Journal of the European Union

C 279/29

---

Euro exchange rates (1)

1

22 September 2011

2011/C 279/06

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3448 |
| JPY | Japanese yen | 102,59 |
| DKK | Danish krone | 7,4458 |
| GBP | Pound sterling | 0,87325 |
| SEK | Swedish krona | 9,2762 |
| CHF | Swiss franc | 1,2275 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8270 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,878 |
| HUF | Hungarian forint | 293,06 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 4,4863 |
| RON | Romanian leu | 4,3055 |
| TRY | Turkish lira | 2,4636 |
| AUD | Australian dollar | 1,3691 |
| CAD | Canadian dollar | 1,3894 |
| HKD | Hong Kong dollar | 10,4904 |
| NZD | New Zealand dollar | 1,7185 |
| SGD | Singapore dollar | 1,7547 |
| KRW | South Korean won | 1 605,66 |
| ZAR | South African rand | 11,0754 |
| CNY | Chinese yuan renminbi | 8,6040 |
| HRK | Croatian kuna | 7,4845 |
| IDR | Indonesian rupiah | 12 246,50 |
| MYR | Malaysian ringgit | 4,2744 |
| PHP | Philippine peso | 58,919 |
| RUB | Russian rouble | 43,2059 |
| THB | Thai baht | 41,379 |
| BRL | Brazilian real | 2,4887 |
| MXN | Mexican peso | 18,6738 |
| INR | Indian rupee | 66,6720 |

Currency

Exchange rate

USD

US dollar

1,3448

JPY

Japanese yen

102,59

DKK

Danish krone

7,4458

GBP

Pound sterling

0,87325

SEK

Swedish krona

9,2762

CHF

Swiss franc

1,2275

ISK

Iceland króna

NOK

Norwegian krone

7,8270

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,878

HUF

Hungarian forint

293,06

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

4,4863

RON

Romanian leu

4,3055

TRY

Turkish lira

2,4636

AUD

Australian dollar

1,3691

CAD

Canadian dollar

1,3894

HKD

Hong Kong dollar

10,4904

NZD

New Zealand dollar

1,7185

SGD

Singapore dollar

1,7547

KRW

South Korean won

1 605,66

ZAR

South African rand

11,0754

CNY

Chinese yuan renminbi

8,6040

HRK

Croatian kuna

7,4845

IDR

Indonesian rupiah

12 246,50

MYR

Malaysian ringgit

4,2744

PHP

Philippine peso

58,919

RUB

Russian rouble

43,2059

THB

Thai baht

41,379

BRL

Brazilian real

2,4887

MXN

Mexican peso

18,6738

INR

Indian rupee

66,6720

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
uszesasesoossgeasaree

geazeze

1EROE AND LABOR-BUREAU

idl | THIRTEENTH OENSUS OF THE UNITED

Coury

= =
HE TST a4
i Hal er ae if

rT Historic census records are maintained and released by the National Archives and Records Administration, not the U.S. Census Bureau.

Visit http://www.archives.gov for more information about publicly available records like the one shown here.

Bgl zie nis: gers

-

Bzesetesesssceneeros
#### James Lorain BOLEN v. Ann Snickle FLOWERS.

No. 47025.

Supreme Court of Mississippi.

March 26, 1973.

J. W. Kellum, Sumner, for appellant.

Douglas L. Tynes, Clarksdale, for ap-pellee.

Appeal from Chancery Court, Coahoma County; Partee L. Denton, Chancellor.

Before RODGERS, P. J., and INZER, SUGG, WALKER and BROOM, JJ.

Affirmed.
#### BITUMINOUS INSURANCE COMPANY et al., Plaintiffs-Appellees, v. H. D. PETTY et al., Defendants-Appellants, George W. Cline, III, et al., Third-Party Defendants-Appellants.

No. 6613.

Court of Appeal of Louisiana, Third Circuit.

Aug. 4, 1978.

*816Brame, Bergstedt & Brame, David A. Fraser, Lake Charles, for third-party defendant, and third-party plaintiffs-appellants.

Plauche, Smith, Hebert & Nieset, Reid K. Hebert, Lake Charles, for defendants-appel-lees. •

Burton & Nichols by James K. Nichols, DeRidder, for defendant-appellee.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.

GUIDRY, Judge.

For the reasons assigned in the companion case of *Gus Stacy, Jr., et al. v. H. D. Petty,. et al.,*362 So.2d 810 (La.App.3rd Cir. 1978), our Docket No. 6614, we conclude that the judgment of the district court properly disposes of the issues presented. Accordingly, the judgment of the district court is affirmed at appellants’ cost.

AFFIRMED.
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<DEPRECIATION>                 40472355
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<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                              0
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<TOTAL-LIABILITY-AND-EQUITY>   214264449
<SALES>                               0
<TOTAL-REVENUES>               17362684
<CGS>                                 0
<TOTAL-COSTS>                  22524612
<OTHER-EXPENSES>                 129225
<LOSS-PROVISION>                      0
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<DISCONTINUED>                        0
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<CHANGES>                             0
<NET-INCOME>                   (5291153)
<EPS-PRIMARY>                         0
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</TABLE>
**Exhibit 32**

 

CONTINENTAL MATERIALS CORPORATION

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the annual report of Continental Materials Corporation (the “Company”) on Form 10-K for the fiscal year ended January 1, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James G. Gidwitz, the Chairman of the Board and Chief Executive Officer of the Company, and I, Joseph J. Sum, the Vice President and Chief Financial Officer of the Company, hereby certify, pursuant to Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to our knowledge:

 

(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 for the periods presented in the Report.

 

Date: April 15, 2011

 
|   | By:    | /s/   James G. Gidwitz                       |
|--------|--------|----------------------------------------------|
|   |   | James   G. Gidwitz                           |
|   |   | Chairman   of the Board and                  |
|   |   | Chief   Executive Officer                    |
|   |   |                                         |
|   |   |                                         |
|   | By:    | /s/   Joseph J. Sum                          |
|   |   | Joseph   J. Sum                              |
|   |   | Vice   President and Chief Financial Officer |

 

The foregoing certification accompanies the issuer’s Annual Report on Form 10-K and is not filed as provided in SEC Release Nos. 33-8212, 34-4751 and IC-25967, dated November 16, 2007.

 

----
#### Charles J. COURTENAY, D.D.S., Petitioner, v. FLORIDA STATE BOARD OF DENTISTRY, Respondent

No. 73-483.

District Court of Appeal of Florida, Fourth District.

Jan. 31, 1974.

Rehearing Denied March 5, 1974.

PER CURIAM.

Certiorari denied.
#### Darcy McCombs, Respondent, v Related Management Company, L.P., Appellant.

[736 NYS2d 166]

Cardona, P.J.

Appeal from an order of the Supreme Court (Kane, J.), entered April 23, 2001 in Sullivan County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover damages for injuries she sustained when she slipped and fell on a thin patch of ice on a sidewalk in defendant’s apartment complex on March 11, 1999, at approximately 1:00 p.m. Defendant’s resident maintenance superintendent described the patch as being approximately one square foot in size and located approximately one foot in front of the steps leading to the apartment that plaintiff was attempting to enter. Plaintiff indicated that the patch was smooth with no evidence of salt or sand. It is undisputed that the weather was dry and clear on that day, the sidewalks in the area were generally clean, there had been no storms for several days prior to her fall and plaintiff saw no ice when she used the sidewalk two days earlier. Plaintiff called her daughter after her fall and, in her affidavit, the daughter stated that she “observed that there was snow on the roof immediately above the area of the ice and that the snow was melting and dripping off the roof onto the area where the ice had formed.” Following joinder of issue, defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion and this appeal ensued.

A landowner’s liability for a slip and fall is premised upon proof that the landowner knew, or in the exercise of reasonable care, should have known that a dangerous condition existed but, nevertheless, failed to remedy the situation within a reasonable time period *(see, Orr v Spring,*288 AD2d 663). Since defendant did not have actual notice of the icy condition, defendant’s liability is dependent only upon constructive notice and it was its initial burden herein to demonstrate, as a matter of law, that it did not have said notice *(see, Dong v Cazenovid Coll.,*263 AD2d 606). Here, defendant failed to pres*682ent evidence sufficient to establish a prima facie entitlement to judgment such, as for example, proof that defendant’s employees inspected or maintained the sidewalk on a daily basis and noted no evidence of an icy condition (see, *e.g., Orr v Spring, supra; Wimbush v City of Albany,*285 AD2d 706; *La Duke v Albany Motel Enters.,*282 AD2d 974; *Bernardo v P. & J. Edwards,*246 AD2d 950). Therefore, upon this record, there is no basis to disturb Supreme Court’s denial of defendant’s motion.

Peters, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-60388

Summary Calendar

____________

Guillermo De Jesus Herrera Calle; Brahyan Herrera 

Ruiz; Dione Julieth Ruiz Arias, 

Petitioners,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

______________________________

Petition for Review of an Order of the 

Board of Immigration Appeals

Agency No. A206 389 051

Agency No. A206 389 052

Agency No. A206 389 053

______________________________

Before Stewart, Dennis, and Willett, Circuit Judges.

Per Curiam:*

Guillermo De Jesus Herrera Calle petitions this court for review of an 

order of the Board of Immigration Appeals denying a motion to reconsider a

decision overturning an Immigration Judge’s grant of asylum and 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

March 1, 2023

Lyle W. Cayce

Clerk

Case: 22-60388 Document: 00516661062 Page: 1 Date Filed: 03/01/2023
No. 22-60388

2

withholding of removal and remanding for consideration of eligibility for 

relief under the Convention Against Torture.1

 

We must always be aware of our jurisdiction. Zhao v. Gonzales, 404 

F.3d 295, 302 & n.3 (5th Cir. 2005). Under our statutory authority, we may

review a “final order of removal” in immigration proceedings. 8 U.S.C. 

§ 1252(a)(1); see Moreira v. Mukasey, 509 F.3d 709, 713 (5th Cir. 2007). Our

jurisdiction to review final orders of removal “encompasses review of 

decisions refusing to reopen or reconsider such orders.” Mata v. Lynch, 576 

U.S. 143, 147 (2015) (internal citations omitted). Because Herrera Calle’s 

petition for review challenges neither a final order of removal nor a 

“decision[] refusing to reopen or reconsider” a final order of removal, Mata, 

576 U.S. at 147, we lack jurisdiction over it. See § 1252(a)(1). The petition 

for review is DISMISSED.

_____________________

1 The other petitioners were derivatives on Herrera Calle’s application for relief. 

Case: 22-60388 Document: 00516661062 Page: 2 Date Filed: 03/01/2023