alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Nathaniel E. Hess, Petitioner, against Charles E. Bates, et al., Constituting the Zoning Board of Appeals of the Village of Sands Point, Respondents.

Supreme Court, Special Term, Nassau County,

January 10, 1955

*Marshall, Batter, Klein d Greene*for petitioner.

*J. Oakey McKnight*for respondents.

D. Ormonde Ritchie, J.

Proceeding under article 78 of the Civil Practice Act to review and to annul a determination made by the Board of Appeals of the Village of Sands Point denying petitioner’s application for a variance in connection with certain property owned by petitioner in that village. It appears that petitioner owns some 72 acres of land upon which he owns a home. The rest of the property is vacant and petitioner seeks *23to reserve 32 acres for his home and to sell the remaining acres for building lots. The local ordinance restricts the property to the extent of requiring two acres of land for each house. Petitioner has requested a variance so that the 40 acres of land may be utilized as one-acre plots. Under a provision of the ordinance, the Board of Appeals is authorized to grant a variance where the general character of the land in the immediate vicinity is such that residences have been erected on less than two acres. Under such conditions, it may vary the application of the ordinance so as to allow not less than one acre to be used for a building. The Board of Appeals has, by its holding, decided that it did not have jurisdiction to grant the application on the ground that what petitioner in fact sought was a change of zone from Residence A to Residence B. With that conclusion I agree. I cannot believe that the purpose of a statute designed for granting a variance to provide for individual contingencies can be construed to be so broad that 40 acres can with one stroke be lifted out of a Residence A zone and placed in an entirely different zone. I believe this would constitute legislation which can never be accomplished by an administrative body. The Board of Appeals is an administrative body and may not usurp the functions of the village trustees. Any other interpretation of the ordinance is, I believe, unwarranted. The determination of the Board of Appeals is affirmed and the petition dismissed.
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL 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 accompanying Annual Report on Form 10-K
of Financial Federal Corporation for the year ended July 31,
2004, the undersigned officer, being the Chief Financial Officer of
Financial Federal Corporation, hereby certifies pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

     (1) such Annual Report on Form 10-K for the year ended July 31,
     2004 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 Annual Report on Form 10-K
     for the year ended July 31, 2004 fairly presents, in all
     material respects, the financial condition and results of
     operations of Financial Federal Corporation.

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

     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.



October 4, 2004                    /s/ Steven F. Groth
---------------                    ----------------------------------
Date                               Steven F. Groth
                                   Chief Financial Officer and Senior
                                   Vice President
#### Joseph John RUSSELL, Appellant, v. UNITED STATES of America, Appellee.

No. 19817.

United States Court of Appeals Fifth Circuit.

Nov. 14, 1963.

Rehearing Denied Dec. 12, 1963.

*733Joseph John Russell, pro se.

Louis R. Lucas, Asst. U. S. Atty., New Orleans, La., Louis C. La Cour, U. S. Atty., for appellee.

Before HUTCHESON and GEWIN, Circuit Judges, and HOOPER, District Judge.

PER CURIAM.

Appellant appearing *pro se*by brief contends that the trial court on June 27, 1962 having vacated (pursuant to a mandate from this court) a certain sentence imposed by him on July 6, 1960 “then imposed a new and augmented sentence of five years thereon.” We cannot agree that the trial judge almost two years after the imposition of the original sentence, vacated the same and imposed “a new and augmented sentence” thereon, as will appear from the f ollowing summary taken from a rather confused record.

On July 6, 1960 appellant in Case No. 27773 was given a sentence of five years on Count One, that .sentence not being under attack. Under Count Two of the same indictment, however, he was given a sentence of five years to follow the foregoing, and the latter sentence was vacated by the trial court on February 6, 1962 pursuant to mandate from this court on the authority of decision in the case of Castle v. United States, 368 U.S. 13, 82 S.Ct. 123, 7 L.Ed.2d 75, holding that a single transportation of stolen securities in interstate commerce constitutes but a single offense.

Subsequently, on June 27, 1962 appellant was sentenced in Cases No. 27766, 27767 and 27771 to a term of five years on all counts, to run concurrently, the sentence reciting that the said five years sentence should be consecutive to the five years sentence imposed under Count One in Case No. 27773.

From the foregoing it appears that while the five years sentence given under Count Two in Case No. 27773 was in fact vacated on February 6, 1962 and that on June 27, 1962 a new sentence of five years was imposed which followed the five years sentence under Count One in said case, appellant’s conclusion that the last-named sentence was “a new and augmented sentence of five years” in Case No. 27773 is palpably erroneous; on the other hand, the five years sentence in Case No. 27771 was based upon a new and independent offense and it bore no relationship to the original sentence of five years imposed July 6, 1960, excepting that it was made to run to follow the latter.

The trial judge carefully made provision that appellant would be entitled to have his good time based upon the first five years sentence imposed in Case No. 27773 and the following five years based on Case No. 27771 (and the two other cases concurrent therewith).

The judgment of the trial court was right, and it is

Affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6128

JAMES T. WOOD, JR., Petitioner - Appellant, versusMICHAEL MOORE, Director of SCDC; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA; CHARLES CONDON, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Patrick Michael Duffy, District Judge. (CA-97-1125-6-23AK) Submitted: July 30, 1998 Decided: August 26, 1998 Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. James T. Wood, Jr., Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Wood v. Moore , No. CA-97-1125-6-23AK (D.S.C. Dec. 31, 1997).We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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Ionic Columns

The Ionic column is typically identified by its capital, which includes large paired spiral scrolls, or volutes.
        
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Old Senate Chamber
          Longworth House Office Building
          Supreme Court Building

It has the tallest base of the three classic Greek orders. Columns in this style can be found throughout Capitol Hill, including the U.S. Capitol, the Supreme Court Building and the exterior of the Longworth House Office Building.

The Old Senate Chamber, located in the U.S. Capitol Building, is a two-story room modeled after the amphitheaters of antiquity. Eight Ionic columns of variegated marble quarried along the Potomac River support the Chamber's gallery on the east wall; they were inspired by the columns of the Erechtheion in Athens.

Preservation at the AOC: Historic ColumnsThe Supreme Court Building's grand Court Chamber is a dignified room lighted by side windows behind screens of Ionic columns. The 24 columns are made of Old Convent Quarry Siena marble from Liguria, Italy.

The Longworth Building is one of Washington's best examples of the Neo-Classical Revival architecture. Its exterior features Ionic columns that support a well-proportioned entablature and are used for the building's five porticoes, the principal one of which is topped by a pediment. Serve. Preserve. Inspire.

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INSTRUCTIONS FOR FILING A TORT CLAIM WITH THE OFFICE OF

THE ARCHITECT OF THE CAPITOL PURSUANT TO THE PROVISIONS 

OF 28 U.S.C. 2671-80

The Federal Tort Claims Act provides for recovery from the United States under certain 

circumstances for injury or damage caused by the negligent acts or omissions of employees of 

the United States acting within the scope of their employment, under circumstances in which the 

United States, if a private person, would be liable to the injured party under the applicable 

District of Columbia or State law. To file a claim with the Office of the Architect of the Capitol 

under the Act, the following procedure should be followed:

1. One copy of Standard Form 95, Claim for Damage, Injury, or Death, should be 

completed, and all information requested in the form should be supplied.

2. If your claim is for an injury, all elements of the total amount of your claim must be 

supplied, such as doctor's fees, hospital bills, outpatient costs, etc.

3. If your claim is for damaged property, the value of the property must be

documented, or, if the damage can be repaired, two estimates of the costs of repairs 

from reliable commercial establishments must be submitted. The amount of your 

claim should be the same as the lower of the estimates submitted.

Your claim will be thoroughly investigated by the Office of General Counsel, which will result 

in a recommendation to the Architect of the Capitol.

Should it appear that your claim may be compensable under the Act, you will be furnished one

copy of Standard Form 1145, Voucher for Payment Under Federal Tort Claims Act, or 

Judgment Fund Form 197, which requires your signature and the date on which you signed the 

form, and which constitutes a release by you of further claims against the Government in 

connection with the subject matter of your claim.

Your receipt of this instruction sheet and any forms, and all subsequent correspondence, 

discussions and negotiations are, of course, mutually without prejudice, all rights being 

reserved.

Should your claim be approved, it will be processed and forwarded to the Department of the 

Treasury for payment.

Should the Architect of the Capitol determine that your claim is not compensable under the 

Act, your claim will be formally denied and you will be advised of your right to appeal such 

denial.

To file a claim with the Office of the Architect of the Capitol under the Federal Tort Claims Act, 

please send the completed, signed form and supporting documentation to:

Architect of the Capitol

Office of General Counsel
2nd & D Streets SW, Room H2-265A

Washington, DC 20515

Fax: (202) 225-5927

Angela Addison Freeman

General Counsel
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 41197 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
IGNACIO GODINEZ

- GUERRERO , Defendant

- Appellant

Appeal s from the United States District Court for the Southern District of Texas USDC No. 7:17

- CR

- 1505

- 1

Before SOUTHWICK, WILLETT, and ENGELHARDT, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Ignacio Godinez

Guerrero has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Godinez

- Guerrero h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* 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 June 20 , 2018 Lyle W. Cayce Clerk Case: 17-41197 Document: 00514520095 Page: 1 Date Filed: 06/20/2018No. 17

- 41197

2 nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 17-41197 Document: 00514520095 Page: 2 Date Filed: 06/20/2018
# C_2016202EN.01008901.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/89 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/89

---

Article 103

(ex Article 83 TEC)

(ex Article 83 TEC)

1.   The appropriate regulations or directives to give effect to the principles set out in Articles 101 and 102 shall be laid down by the Council, on a proposal from the Commission and after consulting the European Parliament.

2.   The regulations or directives referred to in paragraph 1 shall be designed in particular:

| (a) | to ensure compliance with the prohibitions laid down in Article 101(1) and in Article 102 by making provision for fines and periodic penalty payments; |
| --- | --- |

(a)

to ensure compliance with the prohibitions laid down in Article 101(1) and in Article 102 by making provision for fines and periodic penalty payments;

| (b) | to lay down detailed rules for the application of Article 101(3), taking into account the need to ensure effective supervision on the one hand, and to simplify administration to the greatest possible extent on the other; |
| --- | --- |

(b)

to lay down detailed rules for the application of Article 101(3), taking into account the need to ensure effective supervision on the one hand, and to simplify administration to the greatest possible extent on the other;

| (c) | to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 101 and 102; |
| --- | --- |

(c)

to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 101 and 102;

| (d) | to define the respective functions of the Commission and of the Court of Justice of the European Union in applying the provisions laid down in this paragraph; |
| --- | --- |

(d)

to define the respective functions of the Commission and of the Court of Justice of the European Union in applying the provisions laid down in this paragraph;

| (e) | to determine the relationship between national laws and the provisions contained in this Section or adopted pursuant to this Article. |
| --- | --- |

(e)

to determine the relationship between national laws and the provisions contained in this Section or adopted pursuant to this Article.

---
CHIEF JUSTICE

ROGELIO VALDEZ

JUSTICES

NELDA V. RODRIGUEZ

DORI CONTRERAS GARZA

GINA M. BENAVIDES

GREGORY T. PERKES

NORA L. LONGORIA

CLERK

DORIAN E. RAMIREZ NUECES COUNTY COURTH OUSE

901 LEOPARD, 10TH FL OOR

CORPUS C HRISTI, TEXAS 78401

361

- 888

- 0416 (TEL)

361

- 888

- 0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLO OR

EDINBURG, TEXAS 7853 9

956

- 318

- 2405 (TEL)

956

- 318

- 2403 (FAX) 

# Court of Appeals

Thirteenth District of Texas

March 06, 2 014

Hon. Bianca A. Medina

Law Office of Reynaldo Martinez, Jr.

915 Kinney Avenue

Corpus Christi, TX 78401

Hon. Ed Chapa

Bonilla & Chapa

P.O. Box 5488

Corpus Christi, TX 78465

Re: Cause No. 13

- 13

- 00543

- CV

Tr.Ct.No. 07

- 6350

- H

Style: In the Interest of M. M., A Child

Enclosed please find the opinion and judgment issued by the Court on this date.

Very truly yours,

Dorian E. Ramirez, Clerk

DER: ch

Enc.

c c: 347 th District Court

Hon. Patsy Perez, District Clerk/Nueces

Hon. J. Rolando Olvera, Jr., Pres iding Judge, Fifth Administrative Judicial Region
EX-4.1





 Exhibit 4.1 
  





 
 NUMBER destination SHARES maternity CORPORATION NASDAQ: DEST INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE COMMON STOCK CUSIP
25065D 10 THIS CERTIFIES THAT: IS THE OWNER OF FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF $.01 PAR VALUE EACH OF DESTINATION MATERNITY CORPORATION ~ transferable on the books of the Corporation in person or by attorney upon surrender of
this certificate duly endorsed or assigned. This certificate and the shares represented hereby are subject to the laws of the State of Delaware, and to the Certificate of Incorporation and Bylaws of the Corporation, as now or hereafter amended. This
certificate is not valid until coutersigned by the Transfer Agent. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. COUNTERSIGNED: STOCKTRANS, INC. 44 WEST LANCASTER AVE., ARDMORE, PA 19003
TRANSFER AGENT BY. AUTHORIZED SIGNATURE CHIEF EXECUTIVE OFFICER 












 



 
 The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were
written out in full according to applicable laws or regulations: TEN COM—as tenants in common TEN ENT—as tenants by the entireties JT TEN—as joint tenants with right of UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts
to Minors survivorship and not as tenants in common Act. (State) Additional abbreviations may also be used though not in the above list. For Value Received, hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING
NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) Shares of the stock represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said stock on the
books of the within named Corporation with full power of substitution in the premises. Dated NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION
OR ENLARGEMENT OR ANY CHANGE WHATSOEVER THE CORPORATION WILL FURNISH TO ANY STOCKHOLDER, UPON REQUEST AND WITHOUT CHARGE, A FULL STATEMENT OF THE DESIGNATIONS, RELATIVE RIGHTS, PREFERENCES AND LIMITATIONS OF THE SHARES OF EACH CLASS AND SERIES
AUTHORIZED TO BE ISSUED, SO FAR AS THE SAME HAVE BEEN DETERMINED, AND OF THE AUTHORITY, IF ANY, OF THE BOARD TO DIVIDE THE SHARES INTO CLASSES OR SERIES AND TO DETERMINE AND CHANGE THE RELATIVE RIGHTS, PREFERENCES AND LIMITATIONS OF ANY CLASS OR
SERIES. SUCH REQUEST MAY BE MADE TO THE SECRETARY OF THE CORPORATION OR TO THE TRANSFER AGENT NAMED ON THIS CERTIFICATE. THE SIGNATURE TO THE ASSIGNMENT MUST CORRESPOND TO THE NAME AS WRITTEN UPON THE FACE OF THIS CERTIFICATE IN EVERY PARTICULAR,
WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER, AND MUST BE GUARANTEED BY A COMMERCIAL BANK OR TRUST COMPANY OR A MEMBER FIRM OF A NATIONAL OR REGIONAL OR OTHER RECOGNIZED STOCK EXCHANGE IN CONFORMANCE WITH A SIGNATURE GUARANTEE
MEDALLION PROGRAM. COLUMBIA FINANCIAL PRINTING CORP. â–www.stockinformation.com
# 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 SEVEN

GENERAL AND FINAL PROVISIONS

GENERAL AND FINAL PROVISIONS

Article 356

(ex Article 312 TEC)

(ex Article 312 TEC)

This Treaty is concluded for an unlimited period.

---