alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Official Journal L 145/8 Ju

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 145 |
| | |
| English edition | Legislation | Volume 618 June 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 145

English edition

Legislation

Volume 618 June 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Decision (EU) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)Text with EEA relevance.
   (1
  ) | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Decision (EU) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)Text with EEA relevance.
   (1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

| 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.
#### NORTH TEXAS BUILDING & LOAN ASS’N v. SAMSON.

No. 13130.

Court of Civil Appeals of Texas. Fort Worth.

March 8, 1935.

Rehearing Denied May 17, 1935.

Bert King and Arch Dawson, both of Wichita Falls, for appellant.

R. S. Ragsdale, of Burkburnett, for ap-pellee.

LATTIMORE, Justice.

This is a suit by appellee, as next friend for his three minor children, to recover the total sum of $1,225.

The petition alleged that beginning in 1926, the minors deposited various sums of money with appellant, totaling $375, which appellant promised to pay them, plus 7 per cent, interest compounded semiannually, all payable on demand. Appellees also prayed for $500 exemplary damages for appellant’s breach of contract, resulting in loss of educational advantages and in annoyance, inconvenience, and humiliation.

The appeal attempts to present some interesting questions, of building and loan association law which we are not able to consider for a reason not briefed. However, lack of jurisdiction apparent in the petition is fundamental error. The allegations and prayer for $500 exemplary damages are mere surplusage. They state no cause of action. No facts are alleged which authorized the court to hear evidence on exemplary damages. 11 Tex. Jur. 741; Carswell & Co. v. Habberzettle, 99 Tex. 1, 86 S. W. 738, 122 Am. St. Rep. 597; City of Fort Worth v. Zanecetti (Tex. Com. App.) 29 S.W.(2d) 958.

The ■ interest sued for is not to be included in computing the jurisdiction of the controversy. Texas-Const, art. 5, § 8. The principal sum is less than $500.

The judgment of the trial court is reversed, and the cause ordered dismissed.
1 Local Rule 47.5 provides: "The publication of opinions that

have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-50086 Summary Calendar

__________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RUDY DOMINGUEZ TALAMANTEZ, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. CA-SA-94-125

- - - - - - - - - - October 30, 1995 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM: 1 Rudy Talamantez, who pleaded guilty to possession with the
intent to distribute 500 grams or more of cocaine, appeals from the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. He asserts that the district

court erred in its calculation of his criminal history category and
base offense level, and that his trial counsel was ineffective. (Subsumed within these issues is Talamantez's claim that his rightNo. 95-50086 -2-

2 Talamantez's motion for appointment of counsel is denied. to due process w as violated by the Government's "deliberate violation of the indictment and sentencing legal proceedings".) We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm for essentially the reasons given by the district court. U nited States

v. Talamantez , No. CA-SA-94-125 (W.D. Tex. Jan. 23, 1995); see
also , Magistrate Judge's Report and Recommendation, Dec. 12, 1994. 2

AFFIRMED.
EXHIBIT 11


                   COMPUTATION OF NET INCOME PER COMMON SHARE


                                                      December 31
                                        --------------------------------------
                                           2001          2000          1999
                                           ----          ----          ----

Net Income                              $  721,741    $1,118,805    $  300,553
                                        ==========    ==========    ==========



Weighted Average of Common
 Shares Outstanding                      1,604,163     1,604,163     1,604,163

Dilutive Effect of Stock Option             63,641        70,824        63,021
                                        ----------    ----------    ----------

                                         1,667,804     1,674,163     1,667,184
                                        ==========    ==========    ==========


Basic Net Income Per Common Share       $      .45    $      .70    $      .19
                                        ==========    ==========    ==========


Dilutive Net Income Per Common Share    $      .43    $      .67    $      .18
                                        ==========    ==========    ==========


                                       30
# Official Journal C 243/30 S

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 243 |
| | |
| English edition | Information and Notices | Volume 4730 September 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 243

English edition

Information and Notices

Volume 4730 September 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 243/1 | Euro exchange rates | 1 |
| 2004/C 243/2 | Notice regarding the request submitted by Mongolia in order to benefit from the special incentive arrangements for the protection of labour rights | 2 |
| 2004/C 243/3 | New national side of euro circulation coins | 3 |
| 2004/C 243/4 | List of ships that were refused access to Community ports between 1 November 2003 and 31 August 2004, pursuant to Article 7b of Directive 95/21/EC of 19 June 1995 on the port State control of ships | 4 |
| 2004/C 243/5 | New national side of euro circulation coins | 6 |

Notice No

Contents

page

I   Information

Commission

2004/C 243/1

Euro exchange rates

1

2004/C 243/2

Notice regarding the request submitted by Mongolia in order to benefit from the special incentive arrangements for the protection of labour rights

2

2004/C 243/3

New national side of euro circulation coins

3

2004/C 243/4

List of ships that were refused access to Community ports between 1 November 2003 and 31 August 2004, pursuant to Article 7b of Directive 95/21/EC of 19 June 1995 on the port State control of ships

4

2004/C 243/5

New national side of euro circulation coins

6

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| | Corrigenda |
| --- | --- |
| 2004/C 243/6 | Corrigendum to Information procedure — Technical rules (OJ C 235, 22.9.2004) | 7 |

Corrigenda

2004/C 243/6

Corrigendum to Information procedure — Technical rules (OJ C 235, 22.9.2004)

(OJ C 235, 22.9.2004)

7

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

EN
<TABLE>
<S><C>
                                                            Exhibit 10 (g)


                                                            July 9, 1997





Mr. Michael T. Yonker
1266 Loch Lane
Lake Forest, Illinois  60045

Dear Mr. Yonker:

                 The purpose of this  letter is to  confirm that your  employment agreement with Portec,  Inc. (the "Company"),  in
letter form and dated December 28, 1988, as amended  and restated on February 23, 1989, and on December 12, 1989 (the "Agreement"),
is hereby amended as follows:

         1.      Section 1(e) of the  Agreement is amended to permit you  to also terminate your employment under  that Section due
to any breach by the  Company which will occur in the  event that your work location is  relocated beyond a fifty (50)  mile radius
from the current Lake Forest, Illinois  address of the Company, or in the event that your  total remuneration level is reduced from
its current level, in either case without your written consent.

         2.      Section 2(a)(ii)  of the Agreement is amended so that "22.0%" in each  place it appears in the original version of
the text of that Section is changed to  "27.0%" as applicable to the acquisition of voting securities of  the Corporation by Albert
Fried  Company, Fried Foundation and/or Albert Fried, Jr.

         3.      Section 5 of the Agreement is amended to read in its entirety as follows:

                 "In the event of a termination of your employment which  constitutes a Covered Termination, you, by giving written
notice of termination, may elect to  receive a lump sum cash settlement of all cash payments due you  pursuant to this Agreement on
account of the  termination, without any discount ("present  value" or otherwise) or reduction  from the total due, but  subject to
any withholding on account of federal and state taxes legally required to be withheld from such payment by the Company."

         4.      Section 6(f) of the Agreement  is amended to change the reference therein from  "The Continental Illinois National
Bank and Trust Company of Chicago" to "American National Bank and Trust Company of Chicago".

                 If  this letter  correctly sets  forth our  agreement to  amend the  Agreement, kindly  sign the  original and the
enclosed copy of  this letter  at the place  provided below  and return the  enclosed copy  so signed, retaining  the original  for
yourself, and the original and the copy will then constitute executed counterparts of this our amendment of the Agreement.

                                                            Sincerely,

                                                            PORTEC, INC.


                                                            By:
                                                                    Albert Fried, Jr.
                                                                    Chairman



Agreed to and accepted:



   Michael T. Yonker
</TABLE>
# Official Journal L 304/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 304 |
| | |
| English edition | Legislation | Volume 5820 November 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 304

English edition

Legislation

Volume 5820 November 2015

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Regulation No 16 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of: I. Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles — II. Vehicles equipped with safety-belts, safety-belt reminders, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems [2015/2059] | 1 |

Contents

II   Non-legislative acts

page

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Regulation No 16 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of: I. Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles — II. Vehicles equipped with safety-belts, safety-belt reminders, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems [2015/2059]

1

| 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.
|   | 1. | I      am the Chief Executive Officer and Acting Chief Financial Officer of North      American Energy Resources, Inc. |
|--------|----|------------------------------------------------------------------------------------------------------------------------|

|   | 2. | Attached      to this certification is Form 10-Q for the quarter ended January 31, 2009,      a periodic report (the “periodic report”) filed by the issuer with the      Securities Exchange Commission pursuant to Section 13(a) or 15(d) of the      Securities and Exchange Act of 1934 (the “Exchange Act”), which contains      condensed financial statements. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 3. | I      hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to      Section 906 of the Sarbanes-Oxley Act of 2002,  that |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------|

|   | · | The      periodic report containing the condensed financial statements fully      complies with the requirements of Section 13(a) or 15(d) of the Exchange      Act, and |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | · | The      information in the periodic report fairly presents, in all material      respects, the consolidated financial condition and results of operations      of the issuer for the periodspresented. |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| March 20, 2009 | /s/      Ross E. Silvey             |
|----------------|-------------------------------------|
|           | Ross      E. Silvey                 |
|           | Chief      Executive Officer and    |
|           | Acting      Chief Financial Officer |

----
HeinOnline -- 52 Fed. Reg. 5065 1987
HeinOnline -- 52 Fed. Reg. 5066 1987
Exhibit 32.2

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|              |   |                                                             |
|-------------------|--------|------------------------------------------------------------------|
|              |   |                                                             |   |
| May      20, 2009 | By:    | /s/       Steven Y.      Moskowitz      |   |
|              |   | Steven      Y. Moskowitz                                         |   |
|              |   | Chief      Financial Officer                                     |   |
|              |   |                                                             |   |
# Official Journal C 191A/16 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 191A |
| | |
| English edition | Information and Notices | Volume 6016 June 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 191A

English edition

Information and Notices

Volume 6016 June 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | Court of Auditors |
| 2017/C 191 A/01 | Vacancy Notice ECA/2017/13 — Assistant to the Head of Security — Secretariat-General — Directorate of Human Resources, Finance and General Services (SG1) (AD function group, grades AD 7-AD 9) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

Court of Auditors

2017/C 191 A/01

Vacancy Notice ECA/2017/13 — Assistant to the Head of Security — Secretariat-General — Directorate of Human Resources, Finance and General Services (SG1) (AD function group, grades AD 7-AD 9)

1

---

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

EN
#### BONNER v. STATE.

No. 14768.

Court of Criminal Appeals of Texas.

Jan. 20, 1932.

Gentry & Gray, of Tyler, for appellant.

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

HAWKINS, J.

Conviction is for theft of cattle; punishment being assessed at two years in the penitentiary.

The record is before us without statement of facts or bills of exception. In such condition, nothing is presented for review.

The judgment is affirmed.
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restricti ons on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations fr om the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 STATE OF NEW MEXICO, 2 Plaintiff-Appellee, 3

v. NO. 31,812 4 LARYE PARKINS, 5 Defendant-Appellant. 6
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 7 Douglas R. Driggers, District Judge 8 Gary K. King, Attorney General 9 Ann M. Harvey, Assistant Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jacqueline L. Cooper, Chief Public Defender 13 Kathleen T. Baldrige, Assistant Appellate Defender 14 Santa Fe, NM 15

MEMORANDUM OPINION 16 GARCIA, Judge. 172 Defendant appeals his convictions for a ggravated driving while intoxicated and 1 a related traffic offense. We issued a third calendar notice proposing to affirm. 2 Defendant has responded with a memo randum in opposition. We affirm. 3 Issue 1 : Defendant has claimed that the dist rict court should not have admitted 4 a police dispatch tape without testimony from Mesilla Valley Regional Dispatch 5 Authority. Our third calendar notice relied on information from the State that a proper 6 foundation was laid for the admission of the dispatch tape. Specifically, the 7 eyewitness who made the comments testifie d at trial concerning the statements. 8 [State’s MIO 3-4] We proposed to hold that the State ther efore laid a proper 9 foundation by satisfying the express la nguage of Rule 11-105 NMRA. In his 10 memorandum in opposition, Defendant does not dispute this information, and does not 11 provide a legal basis for challenging th e admission. Accordingly, we are not 12 persuaded by Defendant’s memorandum in opposition. See State v. Ibarra , 116 N.M. 13 486, 489, 864 P.2d 302, 305 (Ct. App. 1993) (observing that a party opposing 14 summary disposition is required to come fo rward and specifically point out errors in 15 fact and/or law). 16 Issues 2 and 3 : Our third calendar notice continued to propose affirmance on 17 these issues. Defendant has not provided any additional argument. Accordingly, we 18 rely on our prior analysis. See State v. Sisneros , 98 N.M. 201, 202-03, 647 P.2d 403, 19 404-05 (1982) (“The opposing party to summary disposition must come forward and 20 specifically point out errors in fact and in law.”). 213 For the reasons stated above and in our third calendar notice, we affirm 1 Defendant’s convictions. 2

IT IS SO ORDERED. 3

4 TIMOTHY L. GARCIA, Judge 5 WE CONCUR: 6

7 JAMES J. WECHSLER, Judge 8

9 CYNTHIA A. FRY, Judge 10
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6323

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

KENNETH D. BEVERLY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Henry E. Hudson, District 

Judge. (3:05-cr-00526-HEH-1; 3:13-cv-00060)

Submitted: June 13, 3013 Decided: June 17, 2013

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth D. Beverly, Appellant Pro Se. Steven T. Buck, OFFICE OF 

THE ATTORNEY GENERAL OF VIRGINIA, Gurney Wingate Grant, II, 

Assistant United States Attorney, Gregg Robert Nivala, OFFICE OF 

THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kenneth D. Beverly seeks to appeal the district 

court’s order construing his Fed. R. Crim. P. 36 motion as a 28 

U.S.C.A. § 2255 (West Supp. 2012) motion, and denying it as 

successive. Because we find that the district court correctly

construed the motion, the order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of 

appealability will not issue absent “a substantial showing of 

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) 

(2006). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Beverly has not made the requisite showing. Accordingly, 

we deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. We dispense with oral 
3

argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED