alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### McLEAN et al. v. BURKINSHAW.

No. 7388.

United States Court of Appeals for the District of Columbia.

Decided Oct. 16, 1939.

Rehearing Denied Nov. 14, 1939.

George B. Fraser and Robert H. McNeill, both of Washington, D. C., for appellants.

Neil Burkinshaw, of Washington, D. C., for appellee.

Austin F. Canfield, of Washington, D. C., as guardian ad litem for Edward B. McLean.

Nelson T. Hartson and James C. Rogers, both of Washington, D. C., amici curiae, for John K. McLean II.

Before EDGERTON, VINSON, and RUTLEDGE, Associate Justices.

PER CURIAM.

This appeal grows out of proceedings in the District Court concerning the insanity of Edward B. McLean. Cf. In re Edward B. McLean, Lunatic, 67 Wash. Law Rep. 251. He was adjudicated insane in Maryland in 1933, and has since been confined there, and an ancillary committee has had charge of his estate in the District of Columbia. In the course of the present proceedings here, George B. Fraser filed an answer as attorney for McLean. On motion of the ancillary committee this answer was struck, on the ground that Fraser had no authority to represent McLean. Fraser, in his own name and McLean’s, took the present appeal from that order. The ancillary committee and a guardian ad litem for McLean appear in support of the order. The sole question is whether the District Court erred in striking the answer which Fraser had filed.

Pending the motion to strike, and without objection by Fraser or his counsel, the court sent the guardian ad litem and Dr. Overholser, the psychiatrist, to interview McLean in Maryland. They reported that he was insane, and also that he denied any desire to be represented by Fraser. If he is sane, this repudiation disposes of Fraser’s claim to represent him. If he is insane, his insanity has ended any authority which he may ever have given to Fraser. Sullivan v. Dunne, 198 Cal. 183, 244 P. 343; Chase v. Chase, 163 Ind. 178, 71 N.E. 485; Merritt v. Merritt, 1st Dept., 27 App.Div. 208, 50 N.Y.S. 604; 2 Mechem, Agency, § 2314 (2d ed.). It follows that whatever McLean’s condition may be in law or in fact, Fraser does not represent him.

The District Court may in its discretion, at any stage of a case, require an attorney to show his authority to appear. Pueblo of Santa Rosa v. Fall, 273 U.S. 315, 47 S.Ct. 361, 71 L.Ed. 658; Alamo *666v. Del Rosario, 69 App.D.C. 47, 98 F.2d 328. Apparently Fraser was not formally ordered to show his authority; but the record contains no suggestion that he was denied opportunity to show it. The motion to strike was filed on February 20, 1939. It came on for hearing, and the order for McLean’s examination was filed, on February 28. The report of the guardian ad litem was filed on March 3, and the order striking Fraser’s answer on March 6. The substantial rights of Fraser and of McLean were fully protected. If any appropriate formality was omitted, which we do not assume to have been the, case, objection should have been made at the time and not postponed until appeal. Fraser’s lack of authority appears on the face of the record.

Affirmed.
EXHIBIT
32




Certification


Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002


(Subsections (a) and (b) of Section 1350, Chapter 63 of
Title 18, United States Code)




Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United States
Code), each of the undersigned officers of Chattem, Inc., a Tennessee
corporation (the “Company”), does hereby certify, to such officer’s knowledge,
that:




The Annual Report on Form 10-K for the year ended November
30, 2009 (the “Form 10-K”) of the Company fully complies with the requirements
of Section 13 (a) or 15(d) of the Securities Exchange Act of 1934 and
information contained in the Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




Dated:  January
28,
2010




/s/ Zan Guerry
              Zan Guerry
              Chairman and Chief Executive
      Officer






Dated:   January
28,
2010




/s/ Robert B. Long
              Robert B. Long
              Vice President and Chief Financial
      Officer






The foregoing certification is being furnished solely
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code) and is not
being filed as part of the Form 10-K, or as a separate disclosure
document.




A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY
SECTION 906 HAS BEEN PROVIDED TO CHATTEM, INC.  AND WILL BE RETAINED
BY CHATTEM, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS
STAFF UPON REQUEST.
THE VISUAL AIDS ON THE FOLLOWING 

PAGES ARE FOR REFERENCE ONLY AND 

NOT INTENDED FOR OFFICIAL USE. 

TO PURCHASE OFFICIAL VISUAL AIDS PLEASE CONTACT

THE SPECIALTY CROPS INSPECTION DIVISION’S

EQUIPMENT AND FORMS DEPOT

USDA, AMS, SCP, SCI 

831 MITTEN ROAD, ROOM 200

BURLINGAME, CA 94010

PHONE: 650-552-9073

FAX: 650-552-9147

EQUIPMENT CATALOG
TANGERINES

SLIDE 113 – WELL FORMED
TANGERINES

SLIDE 114 – FAIRLY WELL FORMED
TANGERINES

SLIDE 115 -- MISSHAPEN
TANGERINES

SLIDE 116 – NOT SERIOUSLY LUMPY
TANGERINES

SLIDE 117 – BADLY PUFFY
TANGERINES

SLIDE 118 – FAIRLY WELL COLORED
TANGERINES

SLIDE 119 – FAIRLY WELL COLORED
TANGERINES

SLIDE 120 – HONEY TANGERINE
TANGERINES

SLIDE 121 – HONEY TANGERINE CUT
TANGERINES

SLIDE 122 – ROBINSON
TANGERINES

SLIDE 123 – ROBINSON CUT
TANGERINES

SLIDE 124 – DANCY
TANGERINES

SLIDE 125 – DANCY CUT
TANGERINES

SLIDE 126 – BUCKSKIN
TANGERINES

SLIDE 127 – GREEN SPOTS
TANGERINES

SLIDE 128 – SCALE RED
TANGERINES

SLIDE 129 – PURPLE SCALE
TANGERINES

SLIDE 131 – OIL SPOTS
TANGERINES

SLIDE 132 -- SCARS
TANGERINES

SLIDE 133 -- SCARS
TANGERINES

SLIDE 134 -- SCARS
TANGERINES

SLIDE 135 -- SCARS
TANGERINES

SLIDE 136 -- SCARS
TANGERINES

SLIDE 137 -- SCARS
TANGERINES

SLIDE 138 -- SCARS
TANGERINES

SLIDE 139 – SKIN BREAKDOWN
TANGERINES

SLIDE 140 – SKIN BREAKDOWN
TANGERINES

SLIDE 141 – SUNBURN
TANGERINES

SLIDE 142 – SUNBURN CUT
TANGERINES

SLIDE 145 – UNSIGHTLY DISCOLORATION
TANGERINES

SLIDE 146 – UNSIGHTLY DISCOLORATION
TANGERINES

SLIDE 147 -- HAIL
TANGERINES

SLIDE 148 – CLIPPER CUT
# L_2004277EN.01001001.xml

| 26.8.2004 | EN | Official Journal of the European Union | L 277/10 |
| --- | --- | --- | --- |

26.8.2004

EN

Official Journal of the European Union

L 277/10

---

DECISION OF THE EEA JOINT COMMITTEE

No 41/2004

of 23 April 2004

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 2/2004 of 6 February 2004 (1). |
| --- | --- |

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 2/2004 of 6 February 2004 (1).

| (2) | Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 66f (Directive 2002/30/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:

| ‘66g. | 32003 L 0042: Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (OJ L 167, 4.7.2003, p. 23).’ |
| --- | --- |

‘66g.

32003 L 0042: Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (OJ L 167, 4.7.2003, p. 23).’

Article 2

The texts of Directive 2003/42/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 24 April 2004, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 23 April 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

---

(1)  
  OJ L 116, 22.4.2004, p. 42.

1

(2)  
  OJ L 167, 4.7.2003, p. 23.

2

(*1)  Constitutional requirements indicated.

*1

---
<PAGE>



                                                                     EXHIBIT 11


                         CHATTEM, INC. AND SUBSIDIARIES
              STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
              FOR THE YEARS ENDED NOVEMBER 30, 1999, 1998 AND 1997
                    (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)


<TABLE>
<CAPTION>

                                                              1999                1998                  1997
                                                         ----------         ----------           ------------
<S>                                                      <C>                 <C>                   <C>
NET INCOME:
   Income before extraordinary loss . . . . . .           $  22,541           $  18,128             $  7,016
   Extraordinary loss . . . . . . . . . . . . .              (2,385)             (2,859)              (1,131)
                                                         ----------          ----------            ---------
          Net income  . . . . . . . . . . . . .           $  20,156           $  15,269             $  5,885
                                                         ==========          ==========            =========
COMMON SHARES:
   Weighted average number outstanding  . . . .               9,747               9,374                8,793
   Number issued upon assumed exercise of
     outstanding stock options and stock
     warrants . . . . . . . . . . . . . . . . .                 277                 361                  330
                                                         ----------          ----------            ---------
   Weighted average number of common and
      common equivalent shares outstanding. . .              10,024               9,735                9,123
                                                         ==========          ==========            =========

NET INCOME (LOSS) PER COMMON SHARE:
  Basic:
     Income before extraordinary loss . . . . .           $    2.31           $    1.93             $   .80
     Extraordinary loss . . . . . . . . . . . .                (.24)               (.30)               (.13)
                                                         ----------          ----------            ---------
          Total basic . . . . . . . . . . . . .           $    2.07           $    1.63             $   .67
                                                         ==========          ==========            =========
  Diluted:
     Income before extraordinary loss . . . . .           $    2.25           $    1.86             $   .77
     Extraordinary loss . . . . . . . . . . . .                (.24)               (.29)               (.12)
                                                         ----------          ----------            ---------
          Total diluted . . . . . . . . . . . .           $    2.01           $    1.57             $   .65
                                                         ==========          ==========            =========
</TABLE>



                                          28
Exhibit 32.2

                           Section 1350 Certification

In connection with the Quarterly Report of DynTek, Inc., a Delaware corporation
(the "Company"), on Form 10-Q for the quarter ended March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, the Chief Executive Officer, hereby certifies pursuant to 18 U.S.C.
ss.1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to
my knowledge and upon a review of the Report that:

    (1) the Report of the Company filed today pursuant to Section 13(a) of the
        Securities Exchange Act of 1934, as amended (the "Exchange Act"), fully
        complies with the requirements of Section 13(a) of the Exchange Act; and

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

This certification is based upon, among other things, my responsibilities as
Chief Executive Officer, my own due diligence and representations made by
certain members of the Company's senior management.

Dated: May 14, 2004                     /s/ James Linesch
                                        --------------------------
                                        James Linesch
                                        Chief Financial Officer
1 TheHonorable Donald E. O'Brien, United States District Judge for the Northern

District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-1604

___________ Michael Lang, * * Appellant, * Appeal from the United States * District Court for the v. * Northern District of Iowa. * Russell Rogerson, * [UNPUBLISHED] * Appellee. *

___________ Submitted: November 13, 2000 Filed: November 28, 2000

___________ Before BOWMAN, HEANEY, and BEAM, Circuit Judges.

___________ PER CURIAM. Michael Lang appeals the order of the District Court 1 denying Lang's 28 U.S.C. § 2254 petition for a writ of habeas corpus. He argues, as he did in the District Court, that (1) thestate's evidence was constitutionally insufficient to support his conviction under Iowa law for kidnapping, and (2) he was denied the effective assistance of trial an d appellate counsel. Having carefully reviewed the case, we find that the District Court did not err in its determinations and that Lang's claims for habeas relief were2–

correctly denied. We affirm on the basis of the reasoning set forth in the District Court's thorough and well-considered opinion. AFFIRMED. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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Hi, Barbara and Jessica: We, in BEAD, do not expect that the addition of existing crops on to a new 

formulation will affect the Abamectin SLUA (PCT) numbers in the future.

Please let Sepehr, Don and I know if you all have additional questions/comments. Steve 703-308-8105
# EUR-Lex - 22003D0085 - EN

Avis juridique important

*|*

# 22003D0085

**Decision of the EEA Joint Committee No 85/2003 of 20 June 2003 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms **

*
Official Journal L 257 , 09/10/2003 P. 0042 - 0043 *

Decision of the EEA Joint Committee

No 85/2003

of 20 June 2003

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Articles 86 and 98 thereof,

Whereas:

(1) Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 64/2003 of 16 May 2003(1).

(2) It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 291/2003/EC of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004(2).

(3) Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2003,

HAS DECIDED AS FOLLOWS:

Article 1

Article 4 (Education, training and youth) of Protocol 31 to the Agreement shall be amended as follows:

1. The following point shall be inserted after point 2f (Preparatory actions for cooperation in the fields of education and of youth policy):

"2g. The EFTA States shall, with effect from 1 January 2003, participate in the following action:

- 32003 D 0291: Decision No 291/2003/EC of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004 (OJ L 43, 18.2.2003, p. 1)."

2. In point 3, the words "2e and 2f" shall be replaced by the words "2e, 2f and 2g".

Article 2

This Decision shall enter into force on the first day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement(3).

It shall apply from 1 January 2003.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 20 June 2003.

For the EEA Joint Committee

The President

P. Westerlund

(1) OJ L 193, 31.7.2003, p. 54.

(2) OJ L 43, 18.2.2003, p. 1.

(3) Constitutional requirements indicated.
```

Exhibit 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. &1350)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. &1350),
the  undersigned,  Joseph V.  Roberts,  Chief  Executive  Officer  of  Nutrition
Management  Services Company, a Pennsylvania  corporation (the "Company"),  does
hereby certify, to his knowledge, that:

The Quarterly  Report on Form 10-Q for the quarter  ended  September 30, 2002 of
the Company (the "Report")  fully complies with the  requirements  of section 13
(a) or 15 (d) of the  Securities  Exchange  Act of  1934,  and  the  information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

                                       /s/ Joseph V. Roberts
                                       --------------------------
                                       Joseph V. Roberts
                                       Chief Executive Officer

November 14, 2002
```
6 | Page Revised 3/18/20

Upgrading to a Level 2 eAuthentication account

Go to the eAuth website and click Manage Account then click Update Account.

http://www.eauth.usda.gov/

If you got to the eAuth login page from VSPS, the screen will look like the below screen. 

Click on Update Account.

Click the ‘Continue to Login Page’ button.
7 | Page Revised 3/18/20

Enter your eAuth userID and password.

Click Log In with Password.
8 | Page Revised 3/18/20

Click the ‘Verify My Identity’ link.

Select ‘Verify my identity online (recommended)’.

Click I Agree.
9 | Page Revised 3/18/20

Complete all fields and click Continue.
10 | Page Revised 3/18/20

Answer all 5 identity verification questions. 

If you are unable to verify your identity using the On-Line Self-Service. 

You will have to visit a Local Registration Authority (LRA) in person order to validate your identity and 

get your Level 2 account activated. 

This link will take you to a map to select your State where you can find the closest LRA to you: 

http://offices.sc.egov.usda.gov 

Take your government issued photo ID (e.g. state issued drivers license) and present it in person to a Local 

Registration Authority (LRA) who can activate your account with Level 2 access. Most LRAs are located at a 

USDA Service Center office. We recommend that you call ahead to ensure that an employee trained as a Local

Registration Authority (LRA) will be available to provide the service at the time you plan to visit the Service

Center.
**Exhibit 32.1****CERTIFICATIONS**I, Brian E. Dearing, certify that:1. I have reviewed this quarterly report on Form 10-QSB of ARI Network Services, Inc.; 2. Based on my knowledge, this quarterly report fully complies with the requirementsof Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934;and 3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the small business issuer as of, and for, the periodspresented in this report;Dated: December 15, 2006         By: /s/ Brian E. Dearing           By: Brian E. Dearing    Title: Chairman, President and CEO