alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dan’s Supreme Supermarkets, Inc., Appellant, v Plymouth Realty Co., Respondent.

In an action for a judgment declaring, *inter alia,*that the plaintiff is not required to operate a supermarket at certain leased premises, and for injunctive relief, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Collins, J.), dated August 16, 1990, as (1) denied its motion for summary judgment, or in the alternative, for a *Yellowstone*injunction *(see, First Natl. Stores v Yellowstone Shopping Center,*21 NY2d 630), (2) granted the defendant’s cross motion to enjoin the plaintiff from discontinuing its use of the leasehold as a supermarket, and (3) upon searching the record, granted the defendant summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, the defendant’s cross motion for injunctive relief is denied, the plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Supreme Court, *480Nassau County, for a trial on the issue of damages; and it is further,

Ordered that following determination of the issue of damages, the court shall enter an appropriate judgment, including declarations that the defendant’s notice of default is void and that the plaintiff may operate the leased premises as a retail party-goods store, or may close the premises for business permanently or temporarily; and it is further,

Ordered that the plaintiff is awarded costs.

Initially, we note that since this is a declaratory judgment action, the Supreme Court should have made a declaration rather than dismissing the complaint *(see, Lanza v Wagner,*11 NY2d 317, 334, *appeal dismissed*371 US 74, *cert denied*371 US 901).

Section 8 of the subject lease clearly and unambiguously grants the plaintiff tenant the right to operate the subject premises, which it had originally leased for use as a supermarket, "for any and all other lawful retail purposes, provided such other lawful retail purposes do not violate any written restrictive agreement to which Landlord is a party with any tenant of the Shopping Center”. There being no indication that the opening of a party-goods store would violate a restrictive agreement to which the defendant landlord is a party, the plaintiff is entitled to operate a retail party-goods store at the leased premises.

Similarly clear and unambiguous is the wording of section 5 (C) of the subject lease, which gives the plaintiff "the right, at any time, to close all or any part of the Premises for business to the public of any kind, for such periods of time, permanently or temporarily, as it shall determine”.

Thus, the plaintiff is entitled to summary judgment, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.

In light of the foregoing, the plaintiff’s request for a *Yellowstone*injunction is academic. Thompson, J. P., Brown, Eiber and Rosenblatt, JJ., concur.
# Uradni list C 489/2016

| | ISSN 1977-1045 |
| --- | --- |
| Uradni list
  Evropske unije | C 489 |
| | |
| Slovenska izdaja | Informacije in objave | Zvezek 5930. december 2016 |

ISSN 1977-1045

Uradni list

Evropske unije

C 489

Slovenska izdaja

Informacije in objave

Zvezek 5930. december 2016

---

| Obvestilo št. | Vsebina | Stran |
| --- | --- | --- |
| | IV   Informacije |
| | INFORMACIJE INSTITUCIJ, ORGANOV, URADOV IN AGENCIJ EVROPSKE UNIJE |
| | Evropska komisija |
| 2016/C 489/01 | Menjalni tečaji eura | 1 |

Obvestilo št.

Vsebina

Stran

IV   Informacije

INFORMACIJE INSTITUCIJ, ORGANOV, URADOV IN AGENCIJ EVROPSKE UNIJE

Evropska komisija

2016/C 489/01

Menjalni tečaji eura

1

---

| SL | |
| --- | --- |

SL

---

IV Informacije

INFORMACIJE INSTITUCIJ, ORGANOV, URADOV IN AGENCIJ EVROPSKE UNIJE

Evropska komisija

| 30.12.2016 | SL | Uradni list Evropske unije | C 489/1 |
| --- | --- | --- | --- |

30.12.2016

SL

Uradni list Evropske unije

C 489/1

---

Menjalni tečaji eura (1)

29. decembra 2016

(2016/C 489/01)

1 euro =

| | Valuta | Menjalni tečaj |
| --- | --- | --- |
| USD | ameriški dolar | 1,0453 |
| JPY | japonski jen | 122,04 |
| DKK | danska krona | 7,4338 |
| GBP | funt šterling | 0,85300 |
| SEK | švedska krona | 9,5585 |
| CHF | švicarski frank | 1,0714 |
| ISK | islandska krona | |
| NOK | norveška krona | 9,0758 |
| BGN | lev | 1,9558 |
| CZK | češka krona | 27,021 |
| HUF | madžarski forint | 310,09 |
| PLN | poljski zlot | 4,4141 |
| RON | romunski leu | 4,5375 |
| TRY | turška lira | 3,6926 |
| AUD | avstralski dolar | 1,4505 |
| CAD | kanadski dolar | 1,4154 |
| HKD | hongkonški dolar | 8,1076 |
| NZD | novozelandski dolar | 1,5040 |
| SGD | singapurski dolar | 1,5156 |
| KRW | južnokorejski won | 1 264,25 |
| ZAR | južnoafriški rand | 14,2922 |
| CNY | kitajski juan | 7,2706 |
| HRK | hrvaška kuna | 7,5593 |
| IDR | indonezijska rupija | 14 072,35 |
| MYR | malezijski ringit | 4,6876 |
| PHP | filipinski peso | 51,912 |
| RUB | ruski rubelj | 63,2555 |
| THB | tajski bat | 37,568 |
| BRL | brazilski real | 3,4123 |
| MXN | mehiški peso | 21,6329 |
| INR | indijska rupija | 71,0950 |

Valuta

Menjalni tečaj

USD

ameriški dolar

1,0453

JPY

japonski jen

122,04

DKK

danska krona

7,4338

GBP

funt šterling

0,85300

SEK

švedska krona

9,5585

CHF

švicarski frank

1,0714

ISK

islandska krona

NOK

norveška krona

9,0758

BGN

lev

1,9558

CZK

češka krona

27,021

HUF

madžarski forint

310,09

PLN

poljski zlot

4,4141

RON

romunski leu

4,5375

TRY

turška lira

3,6926

AUD

avstralski dolar

1,4505

CAD

kanadski dolar

1,4154

HKD

hongkonški dolar

8,1076

NZD

novozelandski dolar

1,5040

SGD

singapurski dolar

1,5156

KRW

južnokorejski won

1 264,25

ZAR

južnoafriški rand

14,2922

CNY

kitajski juan

7,2706

HRK

hrvaška kuna

7,5593

IDR

indonezijska rupija

14 072,35

MYR

malezijski ringit

4,6876

PHP

filipinski peso

51,912

RUB

ruski rubelj

63,2555

THB

tajski bat

37,568

BRL

brazilski real

3,4123

MXN

mehiški peso

21,6329

INR

indijska rupija

71,0950

---

(1)  Vir: referenčni menjalni tečaj, ki ga objavlja ECB.

---
#### MEADOWS v. STATE.

No. 21151.

Court of Criminal Appeals of Texas.

June 12, 1940.

Rehearing Denied Oct. 16, 1940.

Ted Chilcote, of Tyler, for ^appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is robbery; the punishment, confinement in the penitentiary for ten years.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

On Motion for Rehearing.

KRUEGER, Judge.

We have re-examined the record in the light of the motion for rehearing filed by appellant and reached the conclusion that the proper disposition of the appeal was made upon the original submission. The motion is therefore overruled.

PER CURIAM.

The foregoing opinion of the Commission of Appeals .has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
#### SIMPSON-FELL OIL CO. et al. v. STANOLIND OIL & GAS CO. et al.

No. 6995.

Supreme Court of Texas.

Oct. 9, 1935.

For former opinion, see 125 S.W.2d 263.

Edwin Lacy, Angus G. Wynne, and Jack E. Price, all of Longview, Harris & Harris, of Austin, Fred V. Hughes, of Tyler, and George Otey, of Ardmore, Old., for plaintiffs in error.

Turner, Rodgers & Winn and C. R. Winn, all of Dallas, for defendant in error Stano-lind Oil & Gas.

Thompson, Knight, Baker, Harris & Wright and Lewis Dabney, all of Dallas, for defendant in error Simms Oil Co.

Brachfield & Wolfe, of Henderson, and John Broughton, Walter C. Clemons, and John E. Green, Jr., all of Houston, Texas, for defendant in error Gulf Production Co.

PER CURIAM.

While adhering to the general principles of law announced in the original opinion in this case, reported in 125 S.W.2d *724263, the Court is of the opinion that there was error in affirming judgment of the Court of Civil Appeals, 85 S.W.2d 325, which reversed and rendered judgment of the district court. This is based on the conclusion that it was *not*shown as a *matter*of law that there had been such a course of dealing on the part of Leland Fikes and those holding under him with reference to the 50-acre tract as amounted to a “ratification of the action of Burris in assigning the oil, gas and mineral leases in the south 200 acres.” The Court is of the opinion that an issue of fact is presented in this respect, and that upon this theory the case was not fully developed.

The Court is further of the opinion that in determining the question of whether or not Fikes at the time he made his lease to Magnolia Petroleum Company could have fully satisfied his interest out of the 50 acres, and upon the question of whether or not a recovery by plaintiffs of their undivided interest in the south 200 acres will injuriously affect or impair the equitable interests of defendants as to said 200 acres, the burden of proof is upon the defendants. To this end it is suggested that Fikes, the Magnolia Petroleum Company, and all parties interested under them in the 50 acres be made parties to this action.

The motion for rehearing is granted, and the judgments of the Court of Civil Appeals and district court are both reversed, and the cause is remanded to the district court for a new trial.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Agricultural Research Service 

# AGENCY:

Agricultural Research Service, USDA. 

# ACTION:

Notice of government owned invention available for licensing. 

# SUMMARY:

The invention listed below is owned by the U.S. Government as represented by the Department of Agriculture and is available for licensing. U.S. Patent Application Serial No. 09/637,031 entitled “Magnetostrictive Precipitation Gage” is available for licensing in accordance with 35 U.S.C. 207 and 37 CFR 404 to achieve expeditious commercialization of results of Federally funded research and development. Foreign patents are filed on selected inventions to extend market coverage for U.S. companies and may also be available for licensing. 

# DATES:

                        (                        **Federal Register**                        ) Comments must be received on or before January 30, 2001.                     

# FOR FURTHER INFORMATION CONTACT:

                        Technical and licensing information on this invention may be obtained by writing to: Janet I. Stockhausen of the USDA Forest Service, One Gifford Pinchot Drive, Madison, Wisconsin 53705-2398; telephone 608-231-9502; fax: 608-231-9508; or e-mail                         *jistockh@facstaff.wisc.edu.*                         Issued patents may be obtained from the Commissioner of Patents, U.S. Patent and Trademark Office, Washington, DC 20231.                     

June Blalock,

Technology Licensing Coordinator. 

[FR Doc. 00-30660 Filed 11-30-00; 8:45 am] 

BILLING CODE 3410-03-P
#### FIRST & MERCHANTS NATIONAL BANK OF RICHMOND, Appellant, v. VIRGINIA HOT SPRINGS, Incorporated, Appellee.

No. 4643.

Circuit Court of Appeals, Fourth Circuit.

July 16, 1940.

John H. Bocock, of Richmond, Va., for appellant.

Frank W. Rogers, of Roanoke, Va., for appellee.

PER CURIAM.

Cause remanded. Order filed.
# Official Journal C 192A/6 Au

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 192A |
| | |
| English edition | Information and Notices | Volume 486 August 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 192A

English edition

Information and Notices

Volume 486 August 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Notices |
| | Committee of the Regions |
| 2005/C 192A/1 | Recruitment notice CDR/A/23/05 — Director of the Directorate for the Registry, Legal Affairs and Assistance to Members (Category A*, Grade A*14-15) | 1 |

Notice No

Contents

page

III   Notices

Committee of the Regions

2005/C 192A/1

Recruitment notice CDR/A/23/05 — Director of the Directorate for the Registry, Legal Affairs and Assistance to Members (Category A*, Grade A*14-15)

1

---

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF KAYENTA KREATIONS, INC. AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          20,042
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                      2,883
<CURRENT-ASSETS>                                22,875
<PP&E>                                           9,385
<DEPRECIATION>                                     721
<TOTAL-ASSETS>                                  32,187
<CURRENT-LIABILITIES>                            1,096
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,019
<OTHER-SE>                                      30,072
<TOTAL-LIABILITY-AND-EQUITY>                    32,187
<SALES>                                            497
<TOTAL-REVENUES>                                   885
<CGS>                                              332
<TOTAL-COSTS>                                   17,640
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (16,755)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (16,755)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (16,755)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                        0
        


</TABLE>
#### DAVIS v. STATE.

No. 21410.

Court of Criminal Appeals of Texas.

Feb. 5, 1941.

R. W. Webb, of Snyder, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

*483KRUEGER, Judge.

The conviction is for the unlawful possession of intoxicating liquor for the purpose of sale in a dry area; penalty assessed at a fine of $100.

No bills of exception accompany the record. Therefore, the only question presented for review is the sufficiency of the evidence to support the conviction.

Briefly stated, the State’s testimony is to the effect that on the 26th day of June, 1940, two employees of the Texas Liquor Control Board went to the premises of the appellant in the negro section of Snyder, in Scurry County, and purchased from him four cans of Pabst beer (a malt liquor), for the price of twenty cents per can; that this beer was labeled for identification and introduced in evidence upon the trial.

Appellant did not testify, nor did he introduce any affirmative defense upon the trial.

Deeming the evidence sufficient to support the conviction, the judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
II

Calendar No. 490

103D CONGRESS

2ND SESSION H. R. 1346

IN THE SENATE OF THE UNITED STATES

MAY 5 (legislative day, April 19), 1993

Received; read twice and referred to the Committee on Environment and

Public Works

JUNE 23 (legislative day, JUNE 7), 1994

Reported by Mr. BAUCUS, without amendment

AN ACT

To designate the Federal building located on St. Croix,

Virgin Islands, as the ‘‘Almeric L. Christian Federal

Building’’.

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

3 SECTION 1. DESIGNATION.

4 The Federal building located on St. Croix, Virgin Is5 lands, shall be known and designated as the ‘‘Almeric L.

6 Christian Federal Building’’.
2

•HR 1346 RS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the ‘‘Almeric L. Christian Federal

6 Building’’.

Passed the House of Representatives May 4, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.
Calendar No. 490

103D CONGRESS

2D SESSION H. R. 1346

AN ACT

To designate the Federal building located on St.

tian Federal Building’’.Croix, Virgin Islands, as the ‘‘Almeric L. ChrisJUNE 23 (legislative day, JUNE 7), 1994

Reported without amendment
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Kenneth M. Roessler, President and Chief Executive Officer of BWAY Corporation (the
Company) and Kevin C. Kern, Vice-President of Administration and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | (1) | The quarterly report on Form 10-Q of the Company for the quarter ended April 1, 2007 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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: May 2, 2007



|                                     
|-------------------------------------
|                                     
|/s/ Kenneth M. Roessler              
|Kenneth M. Roessler                  
|President and Chief Executive Officer



|                                                            
|------------------------------------------------------------
|                                                            
|/s/ Kevin C. Kern                                           
|Kevin C. Kern                                               
|Vice-President of Administration and Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000869886
<NAME>                        Financial Data Schedule
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                              SEP-30-1996
<PERIOD-START>                                 OCT-01-1995
<PERIOD-END>                                   SEP-30-1996
<EXCHANGE-RATE>                                1.000
<CASH>                                         4,930
<SECURITIES>                                   2,403
<RECEIVABLES>                                  6,802
<ALLOWANCES>                                   (173)
<INVENTORY>                                    13,984
<CURRENT-ASSETS>                               31,436
<PP&E>                                         29,492
<DEPRECIATION>                                 (11,413)
<TOTAL-ASSETS>                                 52,521
<CURRENT-LIABILITIES>                          17,333
<BONDS>                                        0
<PREFERRED-MANDATORY>                          6,993
<PREFERRED>                                    0
<COMMON>                                       5
<OTHER-SE>                                     28,348
<TOTAL-LIABILITY-AND-EQUITY>                   52,521
<SALES>                                        44,688
<TOTAL-REVENUES>                               44,688
<CGS>                                          30,226
<TOTAL-COSTS>                                  48,218
<OTHER-EXPENSES>                               77
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (2,015)
<INCOME-TAX>                                   (705)
<INCOME-CONTINUING>                            (1,310)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,310)
<EPS-PRIMARY>                                  (0.24)
<EPS-DILUTED>                                  (0.24)
# Official Journal L 84/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.084.eng |
| --- | --- |
| Official Journal
  of the European Union | L 84 |
| | |
| English edition | Legislation | Volume 5430 March 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.084.eng

Official Journal

of the European Union

L 84

English edition

Legislation

Volume 5430 March 2011

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Regulation No 66 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure | 1 |
| | * | Regulation No 75 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of pneumatic tyres for motor cycles and mopeds | 46 |

Contents

II   Non-legislative acts

page

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Regulation No 66 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure

1

*

Regulation No 75 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of pneumatic tyres for motor cycles and mopeds

46

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.