alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Aurelio GARCIA, Appellant, v. WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI BEACH, and Jack H. Eakle, as Administrator Ad Litem, Appellees.

No. 73-549.

District Court of Appeal of Florida, Third District.

Nov. 27, 1973.

Matthews, Braynon & Mapp, Miami, for appellant.

Pepper, Clements, Hopkins & Weaver for Washington Federal.

Edward C. Vining, Jr. and R. M. MacArthur, Miami, for Jack Eakle.

Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

Plaintiff-appellant seeks review of the trial court’s order that the testimony did not establish by clear and convincing evidence every requisite element that there was in fact a gift by the decedent, William Johnson, to the plaintiff.

The decedent, William Johnson, had a savings account in appellee, Washington Federal Savings and Loan Association of Miami Beach, of $10,000. He was 77 years old, senile, in poor health and had no family. Plaintiff, a friend of the decedent, had taken the decedent to Palm Springs General Hospital and had obtained a doctor for him. Appellant testified that he visited the decedent the morning of his death and that decedent had allegedly signed a withdrawal slip in blank. Appellant then filled in the rest. Decedent’s doctor testified that he saw the decedent sign a slip of paper. Thereafter, appellant took the withdrawal slip and decedent’s passbooks and attempted to withdraw the money from the appellee, which refused. This suit followed.

To prevail, the evidence must be clear and convincing that there was the required delivery and surrender and this burden of proof is upon the plaintiff-appellant. Rich v. Hallman, 106 Fla. 348, 143 So. 292 (1932).

We have reviewed the record and find that the appellant has failed to meet the burden of proof required. See Canova *684v. Florida National Bank of Jacksonville, Fla.1952, 60 So.2d 627.

Accordingly, the order of the trial court is hereby affirmed.

Affirmed.
251 La. 675

#### SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY v. ADMINISTRATOR, DIVISION OF EMPLOYMENT SECURITY OF DEPARTMENT OF LABOR, State of Louisiana, and Minnie C. Middleton.

No. 48997.

Supremo Court of Louisiana.

Dec. 13, 1967.

In re: F. C. Doyal, Jr., Administrator of the Division of Employment Security, Department of Labor, State of Louisiana, for certiorari, or writ of review, to the Court of Appeal, Second Circuit, 203 So.2d 924.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
Mobile Sources TechnicalMobile Sources TechnicalReview SubcommitteeReview SubcommitteeReport outReport outMay 14, 2009May 14, 2009John GuyJohn Guy2Membership Process ConcludedMembership Process Concluded•New members !!•12 new members; 14 renewals; 8departures•Representatives from new areas–Electric power–Biofuels–Local govt3May 13 Meeting HighlightsMay 13 Meeting Highlights•Updates–Ocean Going Vessels -- NPRM and FR this year–RFS2 – NPRM signed–MOVES model rollout – draft out for review–Diesel retrofits under ‘Stimulus Bill’•Plan 2 new work groups–Advanced biofuels–Advanced vehicle and engine technologies for GHGreduction4Speaker PanelsSpeaker Panels•Ethanol “blend wall”–Petition to raise the ethanol limit in gasolinenow before EPA–Heard from six speakers•DOE, Marathon Oil, Abengoa Bioenergy, Ford,Outdoor Power Equipment Institute, Center forAuto Safety5Speaker Panels (2)Speaker Panels (2)•Advanced Technologies for GHGReductions–Heard from two CAAAC award winners•Caterpillar and Kenworth–Plus two car mfrs with electric plans•GM Volt•Nissan Electric Vehicle
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DORSEY TRAILERS, INC. FOR THE YEAR ENDED DECEMBER 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000924117
<NAME> DORSEY TRAILERS, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                               7
<SECURITIES>                                         0
<RECEIVABLES>                                   10,790
<ALLOWANCES>                                      (100)
<INVENTORY>                                     16,058
<CURRENT-ASSETS>                                30,262
<PP&E>                                          19,448
<DEPRECIATION>                                 (11,654)
<TOTAL-ASSETS>                                  42,273
<CURRENT-LIABILITIES>                           24,900
<BONDS>                                         19,557
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            50
<OTHER-SE>                                      (2,234)
<TOTAL-LIABILITY-AND-EQUITY>                    42,273
<SALES>                                        172,648
<TOTAL-REVENUES>                               172,648
<CGS>                                          163,884
<TOTAL-COSTS>                                  163,884
<OTHER-EXPENSES>                                 6,266
<LOSS-PROVISION>                                   100
<INTEREST-EXPENSE>                               2,034
<INCOME-PRETAX>                                    364
<INCOME-TAX>                                    (2,056)
<INCOME-CONTINUING>                              2,420
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,420
<EPS-BASIC>                                       0.48
<EPS-DILUTED>                                     0.48


</TABLE>
We have issued our report dated March 12, 1998, accompanying the consolidated
financial statements included in the Annual Report of CHS Electronics, Inc. on
Form 10-K for the year ended December 31, 1997. We hereby consent to the
incorporation by reference of said report in the Registration Statements of CHS
Electronics, Inc. on Form S-3 (File No. 333-29779, effective July 25, 1997) and
on Forms S-8 (File No. 333-40537, effective November 19, 1997; File No.
333-40545, effective November 19, 1997; File No. 333-40547, effective November
19, 1997; File No. 33-19853, effective January 15, 1997).

GRANT THORNTON LLP

Miami, Florida
March 12, 1998
Exhibit 32.1





Certification of Principal 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 PinstripesNY, Inc. (the "Company") on Form 10-Q for the period ending December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Clifford Teller, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 condition and results of operations of the Company.





/s/ Clifford Teller

Clifford Teller

Principal Executive Officer

February 14, 2012
**Exhibit 4.2**

 

***Translationfor information purpose only***

 

**CAISSE DES DEPOTS ET CONSIGNATIONS**

 
|   | EURO DISNEY SCA               |
|--------|-------------------------------|
|   | BP 100                        |
|   | 77777 MARNE LA VALLEE CEDEX 4 |
|   |                          |
|   |                          |
|   | Paris, October 11, 2002       |

 

 

## SavingsManagement

### FinancialManagement

I.F. Director

Réf.DFFE4/PM/2002-189

PascaleMercier

Tél. 01 40 5781 61

Fax 01 40 5783 43

 

## Re : Yourmemorandum dated 30.09.02

 

 

Dear Sirs,

 

You made anapplication to the *Caisse des Dépôts et Consignations*for aDerogation of Article 2.(b) of the Covenants, in order to fix the CumulativeGross Operating Profit Ratio for the fiscal year ending September 30 2002 at0.673 instead of 0.75.

 

Acting onbehalf of the Fourth Voting College, I hereby inform you of the agreement ofthe *Caissedes Dépôts et Consignations* to your request and its compensation.

 

Yoursfaithfully,

 

 

JacquesOllivier

 

 

 

Mr Serge Naïmand Mr Dominique Le Bourhis

Euro Disney SA

 

94

----
EXHIBIT
32




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 E-Band Media, Inc. (the “Company”) on
Form 10-Q for the period ended December 31, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned, in
the capacities and on the date 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 operation of the Company.





Date:     February
      15,  2011
              By:
              /s/ Li JiantaoName:  Li
      JiantaoTitle:    Chief
      Executive Officer and Chief Financial Officer
                (Principal
      Executive Officer and Principal Accounting
  Officer)
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

R.L.T., a child

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No s . 4D 16

- 2884 and 4D16

- 3002

[ October 5, 2017 ]

Consolidated a ppeal from the Circuit Court for the Nineteenth Judicial

Circuit, St. Lucie County ; Michael Heisey , Judge; L.T. Case No s

. 562015CJ000214A, 562015CJ000288A, 562016CJ000339A,

562016CJ000340A, 562016CJ000373A and 562016CJ000374A.

Carey Haughwout, Public Defender, and Virginia Murphy, Assistant

Public Defender, Wes t Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber,

Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR

, M AY and K UNTZ , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549FORM 10-Q/A[x]QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIESEXCHANGE ACT OF 1934FOR THE QUARTERLY PERIOD ENDED October 31, 2012OR[ ]TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIESEXCHANGE ACT OF 1934 Commission file number 333-169280 Xumanii, Inc. (Exact name of registrant as specified in its charter)  NEVADA(State or other jurisdiction of incorporation or organization)  PO Box 309, Ugland House South Church Street George Town Grand Cayman KY1-1104 Cayman Islands (Address of principal executive offices, including zip code.)  305-600-0732 (Registrant’s telephone number, including area code)  N/A (former name, former address and former fiscal year, if changed since last report)  Check whether the issuer (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the last 90 days. YES [ X ]  NO [   ]  Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).  YES [X]   NO [    ]  Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer, “accelerated filer,” “non-accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.  Large accelerated filer[ ]Accelerated filer[ ]Non-accelerated filer[ ]Smaller reporting company[x]   Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  YES [ ]  NO [X] State the number of shares outstanding of each of the issuer’s classes of common equity, as of the latest practicable date: December 17, 2012, the registrant had 341,300,300 shares issued and outstanding.                ITEM 6.         EXHIBITS.  The following documents are included herein: Incorporated by referenceExhibitDocument DescriptionFormDateNumberFiled herewith31.1Certification of Principal Executive Officer and Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.X32.1Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.X  SIGNATURES In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized on this 4th day of June 2013 XUMANII, Inc.  BY:    /s/Alexandre Frigon Alexandre Frigon, President, Principal Executive Officer, Treasurer, Principal Financial Officer,  Principal Accounting Officer and sole Director
* 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

September 30, 2004

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 03-41521

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANK DAVIS,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

(C-03-CR-94-1)

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:*

Frank Davis appeals his convictions for possession with intent

to distribute approximately 47 kilograms of marijuana and

conspiracy to possess with intent to distribute more than 50

kilograms of marijuana. Davis contends the district court erred by

denying his pre-trial motion to suppress his inculpatory

statements. Davis asserts he made those statements without counsel

present after his request that counsel be present before he spoke
2

with law enforcement officers regarding this matter. The motion

was denied, after a hearing, immediately prior to trial.

Our court will accept a district court’s factual findings

based on live testimony at a suppression hearing “unless [they are]

clearly erroneous or influenced by an incorrect view of the law”.

United States v. Alvarez, 6 F.3d 287, 289 (5th Cir. 1993), cert.

denied, 511 U.S. 1010 (1994). When a suppression motion is denied,

the evidence is viewed in the light most favorable to the

Government. E.g., United States v. Garza, 118 F.3d 278, 282-83

(5th Cir. 1997).

Davis requested that counsel be present during his first

meeting with Drug Enforcement Agency Agents regarding this matter,

but he did not make any inculpatory statements at that time. Davis

initiated his next conversation with DEA Agents, was informed of

his Miranda rights prior to making any statements, and signed a

Miranda waiver. Because Davis initiated the conversation during

which he made the inculpatory statements, his right to counsel was

not violated, even though he had previously requested counsel. See

Edwards v. Arizona, 451 U.S. 477, 484-85 (1981); Mann v. Scott, 41

F.3d 968, 975-76 (5th Cir. 1994).

AFFIRMED
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40989 Summary Calendar

MARSHALL DEWAYNE WILLIAMS , Petitioner

- Appellant

v. FRANCISCO LARA, WARDEN, FEDERAL CORRECTIONAL COMPLEX

BEAUMONT , Respondent

- Appellee

Appeal s from the United States District Court for the Eastern District of Texas USDC No. 1:15

- CV

- 40

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * Marshall Dewayne Williams, federal prisoner # 14130

- 077, appeals the district court’s denial of his motion, pursuant to 18 U.S.C. § 3006A , seeking the appointment of counsel to represent him at his parole hearing and/or alleged parole revocat ion hearing. The district court construed the motion as a 28 U.S.C. § 2241 petition, which it denied because Williams was not the subject

* 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. United States Court of Appeals Fifth Circuit 

### FILED October 5, 2016

Lyle W. Cayce Clerk Case: 15-40989 Document: 00513706755 Page: 1 Date Filed: 10/05/2016No. 15

- 40989

2 of any pending parole revocation proceedings and because § 3006A does not authorize the appointment of counsel for pa role hearings. “Federal courts are courts of limited jurisdiction. Absent jurisdiction conferred by statute, district courts lack power to consider claims.” Veldhoen v. United States Coast Guard , 35 F.3d 222, 225 (5th Cir. 1994). Williams’s
motion did not attack the execution of his sentence or otherwise present claims cognizable in a § 2241 petition. See Reyes

- Requena v. United States , 243 F.3d 893, 900

- 01, 904 (5th Cir. 2001). A motion under § 3006A does not authorize the appointment of counsel for parole hearings, nor does it present an independent cause of action for relief in federal court. See § 3006A. Although it does authorize the appointment of counsel in parole revocation hearings, Williams did not file the motion in connection with any pen ding parole revocation proceedings. H is motion for the appointment of counsel is one the district court lacked jurisdiction to entertain, and his appeal thus is “from the denial of a meaningless, unauthorized motion.” United States v. Early , 27 F.3d 140, 142 (5th Cir. 1994). Therefore, the district court’s judgment is affirmed on the alternative basis that it lacked jurisdiction over the motion. See Sojourner T v. Edwards , 974 F.2d 27, 30 (5th Cir. 1992). Williams’ s appellate motion for the appointment of counsel is denied. AFFIRMED; MOTION FOR THE APPOINTMENT OF COUNSEL
DENIED. Case: 15-40989 Document: 00513706755 Page: 2 Date Filed: 10/05/2016
# C_2015407EN.01002601.xml

| 8.12.2015 | EN | Official Journal of the European Union | C 407/26 |
| --- | --- | --- | --- |

8.12.2015

EN

Official Journal of the European Union

C 407/26

---

Information communicated by Member States regarding closure of fisheries

(2015/C 407/13)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 6.11.2015 |
| --- | --- |
| Duration | 6.11–31.12.2015 |
| Member State | France |
| Stock or Group of stocks | LIN/05EI. |
| Species | Ling (Molva molva) |
| Zone | Union and international waters of V |
| Type(s) of fishing vessels | — |
| Reference number | 64/TQ104 |

Date and time of closure

6.11.2015

Duration

6.11–31.12.2015

Member State

France

Stock or Group of stocks

LIN/05EI.

Species

Ling (Molva molva)

Molva molva

Zone

Union and international waters of V

Type(s) of fishing vessels

—

Reference number

64/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
Exhibit
32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


AND
CHIEF FINANCIAL OFFICER


PURSUANT
TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I, Mark E
Crone, Chief Executive Officer and Principal Financial Officer of Matter of Time
I Co, a Nevada corporation (the "Company"), certify, pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:




(1)
the report on Form 10-Q of Matter of Time I Co. (the "Registrant") for the
fiscal quarter ended September 30, 2010 (the "Report") which this statement
accompanies fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and




(2)
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




Date:
November 10, 2010




/s/ Mark E. CroneName:  Mark
      E. CroneTitle:
      Chief Executive Officer and Principal Financial
  Officer
Exhibit 32.1
 CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
  In connection with the accompanying Quarterly Report on Form 10-Q of Europa Acquisition I, Inc. for the quarter ending December 31, 2010, I, GregorySchwartz, CEO and CFOof Europa Acquisition IV, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
  1. Such quarterly Report on Form 10-Q for the quarter ending December 31, 2010, 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 such quarterly Report on Form 10-Q for the quarter ended December 31, 2010, fairly represents in all material respects, the financial condition and results of operations of Europa Acquisition I, Inc.
   Date:  February 9, 2011
By:
/s/ Gregory SchwartzGregory SchwartzPresident and Chief Executive Officer
#### Frances P. EGGLESTON, Appellant, v. AMERICAN FIDELITY ASSURANCE COMPANY, Appellee.

No. 46176.

Supreme Court of Mississippi.

March 22, 1971.

Kimbrough, Kimbrough & McLean, Greenwood, for appellant.

Odom, Odom & Upshaw, Greenwood, for appellee.

PER CURIAM.

Affirmed.