alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

CHAPTER 1

THE INSTITUTIONS

SECTION 5

SECTION 5

THE COURT OF JUSTICE OF THE EUROPEAN UNION

Article 251

(ex Article 221 TEC)

(ex Article 221 TEC)

The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice of the European Union.

When provided for in the Statute, the Court of Justice may also sit as a full Court.

---
**EXHIBIT 32.2** **CERTIFICATION    OF PERIODIC REPORT**     I, Robert M. Sandler, Senior Vice President, Controller and    Principal Financial Officer of The Cato Corporation, certify,    pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,    18 U.S.C. Section 1350, that on the date of this    Certification:     1.     the Annual Report on    Form 10-K    of the Company for the annual period ended January 28, 2006    (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: April 11, 2006     /s/  Robert M. Sandler    Robert M. Sandler    Senior Vice President    Controller    Principal Financial Officer
##### 



1.
    
    I have reviewed this quarterly report on Form 10-Q of American HomePatient, Inc.;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the
periods presented in this quarterly report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and we have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures as of the end of the period
covered by this report based on such evaluation; and(c)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants third fiscal
quarter that has materially affected, or is reasonably likely to materially affect,
the registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal controls over
financial reporting.
  /s/ Stephen L. ClantonStephen L. ClantonChief Financial Officer
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 20

- 00128

- CR

E X PARTE M OSES G ONZALEZ §

§

§

§

§

§ On Appeal from

Criminal Dis tric t Court No. 1

of Tarrant County ( 1630377D )

October 29, 2020

Memorandum Opinion by Justice Wallach

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial court’s order

. It is orde red that the order of the trial court is

affirmed.

SECOND DISTRICT COURT OF APPEALS

By _ /s/ Mike Wallach

_ __________________ Justice Mike Wallach
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathawa y A lton Thomas Davis,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk October 26, 2010

y1018 

# Order

October 26, 2010

140950

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140950 COA: 295819 Ingham CC: 03-001003-FC FREDDIE T. NASH, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the March 12, 2010 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has

failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

D AVIS 

### , J., not participating. I recuse myse lf and am not par ticipating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).
**Exhibit 31.2**
**CERTIFICATION**
I, Timothy Sherlock, Chief Financial Officer, Secretary, Treasurer and Vice President of Finance ofARI Network Services, Inc., certify that:
1. I have reviewed this quarterly report on Form 10-QSB of ARI Network Services, Inc.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periods presented in this report;
4. The small business issuer’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:
(a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;
(b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and
(c) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recentfiscal quarter that has materially affected, or is reasonably likely to materially affect,the small business issuer’s internal control over financial reporting; and
5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and
(b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.
Dated: June 14, 2005
/s/ TimothySherlock
**Exhibit 99.3**

 
|                                     | KPMG LLP | Telephone      | (514) 840-2100 |
|-------------------------------------|----------|----------------|----------------|
| 600 de Maisonneuve Blvd. West       | Fax      | (514) 840-2187 |
| Suite 1500                     | Internet | www.kpmg.ca    |
| Tour KPMG                           |     |           |
| Montréal (Québec) H3A 0A3 |     |           |

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Directors

Canadian National Railway Company

 

We consent to the incorporation by reference of our Reports of Independent Registered Public Accounting Firm both dated February 1, 2017 with respect to the consolidated balance sheets of Canadian National Railway Company (the “Company”) as of December 31, 2016 and 2015 and the consolidated statements of income, comprehensive income, changes in shareholders’ equity and cash flows for each of the years in the three-year period ended December 31, 2016, and the effectiveness of internal control over financial reporting as of December 31, 2016, in this annual report on Form 40-F of the Company for the year ended December 31, 2016.

 

We also consent to the incorporation by reference of such reports in the registration statements (No. 333-5258, No. 333-197799 and No. 333-204974) on Form S-8 of the Company and in the registration statement (No. 333-208547) on Form F-10 of the Company.

 

 

February 1, 2017

 

Montréal, Canada

 

----

*CPA auditor, CA, public accountancy permit No. A123145

 

 
|   | KPMG LLP is a Canadian limited liability partnership and a member firm   of the KPMG network of independent member firms affiliated with KPMG   International Cooperative (“KPMG International”), a Swiss entity. KPMG Canada   provides services to KPMG LLP. |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

----
I 

116TH CONGRESS 

1ST SESSION H. R. 1538 

To revise the composition of the Zoning Commission for the District of 

Columbia so that the Commission will consist solely of members appointed by the government of the District of Columbia. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2019 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To revise the composition of the Zoning Commission for 

the District of Columbia so that the Commission will 

consist solely of members appointed by the government 

of the District of Columbia. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 Zoning Commission Home Rule Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 1538 IH

1 SEC. 2. REVISION OF COMPOSITION OF ZONING COMMIS2 SION FOR THE DISTRICT OF COLUMBIA. 

3 (a) REVISION.—The first section of the Act of March 

4 1, 1920 (sec. 6–621.01, D.C. Official Code), is amended— 

5 (1) in the first sentence of subsection (a), by 

6 striking ‘‘the Architect of the Capitol, the Director 

7 of the National Park Service, and’’; and 

8 (2) by striking ‘‘appointed by the Mayor’’ each 

9 place it appears in the second sentence of subsection 

10 (a), subsection (b), and subsection (c). 

11 (b) CONFORMING AMENDMENT.—Section 206(i) of 

12 the State Department Basic Authorities Act of 1956 (22 

13 U.S.C. 4306(i)) is amended to read as follows: 

14 ‘‘(i) Whenever the Board of Zoning Adjustment is 

15 performing functions regarding an application by a foreign 

16 mission with respect to the location, expansion, or replace17 ment of a chancery— 

18 ‘‘(1) the Secretary of Defense, the Secretary of 

19 the Interior, the Administrator of General Services, 

20 or the Director of the National Park Service (or 

21 such alternate as such official may from time to 

22 time designate), as designated by the President, 

23 shall serve as a member of the Board in lieu of the 

24 representative from the Zoning Commission; and 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 1538 IH

1 ‘‘(2) the representative from the National Cap2 ital Planning Commission shall be the Executive Di3 rector of that Commission.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


June 28, 2018


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 385 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on June 27, 2018, in accordance
with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to
the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the Registration
Statement (No. 333-224170) filed with the Securities and Exchange Commission with respect to the registration of the sale of the
Units of the Trust and to the filing of this consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                       


Gerardo Cipriano


Vice President
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</TABLE>
#### Trennis K. LILE, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

No. 18206.

United States Court of Appeals Ninth Circuit.

Nov. 20, 1963.

Fizzolio & Fizzolio and Albert Vieri, North Hollywood, Cal., for petitioner.

Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Associate Gen. Counsel, and Jacob H. Stillman, Securities and Exchange Commission, Washington, D. C., for respondent.

Before BROWNING and DUNIWAY, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

Respondent moves at the outset to dismiss the petition for review as tardily filed. Section 25(a) of the Securities Exchange Act of 1934 provides that: “Any person aggrieved by an order issued by the Commission * * * may obtain a review of such order in the United States Court of Appeals * * * by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Commission be modified or set aside in whole or in part.” [15 U.S.C. § 78y(a).]

Here the challenged order was issued by the Commission on July 9, 1962, and sent by mail to petitioner on July 10, 1962, but the petition for review was not *773filed in this Court until September 10, 1962, more than sixty days later.

Respondent urges that the date of issuance of the order, July 9,1962, should be deemed to be the date of “entry” within the meaning of § 25(a) of the Act. Yet there is nothing in the record here to show that the order in question has ever been placed or recorded or summarized in any public record, so as to serve as notice to all the world in a manner analogous to the docket of the District Court. [See Fed.R.Civ.P. 58, 79(a), 77(d), 28 U.S.C.A.]

Although Rule 22(b) of the Rules of Practice adopted by the Commission directs that “a docket of all proceedings shall be maintained by the Commission” [17 C.F.R. 201.22(b)], respondent concedes that the Commission has never kept a docket in which orders may be entered. The Commission is bound nonetheless by its own rule to maintain “a docket of all proceedings”, since Rule 22(b) has “the force and effect of law”. [15 U.S.C. § 78w; cf. United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260, 265, 74 S.Ct. 499, 98 L.Ed. 681 (1954).]

Inasmuch as the date of entry of the order here sought to be reviewed does not appear, respondent’s motion to dismiss the petition upon the ground of tardy filing must be denied. However, respondent asserts a further ground in support of the motion to dismiss: that petitioner did not exhaust his administrative remedies, having failed to urge before the Commission any of the objections voiced in his petition for review.

Section 25(a) of the Securities Exchange Act of 1934 declares that: “No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission.” [15 U.S.C. § 78y(a).] This provision is an express limitation upon this Court’s jurisdiction in this proceeding and, upon that ground, we must dismiss the petition without reaching the merits.

Petition dismissed for lack of jurisdiction over the subject matter.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 23, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 135483 & (20) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 135483 COA: 278973

CHRISTOPHER COBB, Defendant-Appellant. Wayne CC: 05-011055

________________ _______________ __________/

On order of the Court, the application for leave to appeal the September 7, 2007 order of the Court of Appeals and the defe ndant’s motion to remand are considered. Pursuant to MCR 7.302(G)(1), and given the pa rticular facts of this case, in lieu of granting leave to appeal, we RE MAND this case to the Cour t of Appeals. On remand, that court shall treat the defendant’s delayed application for leave to appeal as having been filed within the deadlin e set forth in MCR 7.205(F) an d shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2).

C ORRIGAN , J., would direct appellate couns el, Susan K. Walsh, to file a supplemental brief addressing the reasons for her failure to file the defendant’s delayed application for leave to appeal in the Court of Appeals with in the deadline set forth in MCR 7.205(F), which led to the administ rative dismissal of the application on jurisdictional grounds.

d0520 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 23, 2008

Clerk