alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2013138EN.01S00301.xml

| 24.5.2013 | EN | Official Journal of the European Union | L 138/s3 |
| --- | --- | --- | --- |

24.5.2013

EN

Official Journal of the European Union

L 138/s3

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NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

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EXHIBIT 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC
ACCOUNTING FIRM

We consent to
the incorporation by reference in the Registration Statements on Form S-3
(Registration Statement Nos. 33-62797, 333-38199, 333-84320, 333-102373,
333-134864) of American Express Credit Corporation and in the related
Prospectuses of our report dated March 16, 2005 with respect to the
consolidated financial statements and schedule of American Express Credit
Corporation included in this Annual Report on Form 10-K for the year ended
December 31, 2006.

/s/ Ernst
& Young LLP

New York, New
York
March 30, 2007

---
#### Baer, Respondent, vs. Capitol & Teutonia Company, Appellant.

*April 5*

May *10, 1932.*

*167For the appellant there was a brief by *Wengert & Moeller,*attorneys, and *Alfred H. Handrich*of counsel, all of '•Milwaukee, and oral argument by *Eugene L. Wengert.*

For the respondent there was a brief by *Gold & McCann,*attorneys, and *Morris Karon*of counsel, all of Milwaukee, and oral argument by- *Mr. Karon.*

Owen, J.

The plaintiff, Herbert Baer, was a real-estate broker and the associate of Karl Elbinger, who is the plaintiff in the case of *Elbinger v. Capitol & Teutonia Co.,*decided herewith *(ante,*p. 163, 242 N. W. 568). The action is brought by the plaintiff to recover on a promissory note executed by the defendant in part payment of services rendered by Baer in association with Elbinger in the leasing of certain premises owned by the defendant. The facts involved and the questions presented in this case are identical with those considered in the *Elbinger Case.*The decision in the *Elbinger Case*is conclusive of this and requires an affirmance of the judgment.

*By the Court.*— Judgment affirmed.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WANHE CAI,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-72455

Agency No. A098-465-057

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 15, 2012** 

Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Wanhe Cai, native and citizen of China, petitions for review of the Board of

Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration

judge’s decision denying his application for asylum, withholding of removal, and

relief under the Convention Against Torture (“CAT”). We have jurisdiction under

FILED

MAY 22 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-72455

8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.

Perez-Ramirez v. Holder, 648 F.3d 953, 956 (9th Cir. 2011). We grant in part and

deny in part the petition for review, and remand.

Cai contends that his whistle blowing activities resulted in his persecution. 

With respect to Cai’s first arrest and mistreatment, substantial evidence supports

the BIA’s finding that Cai failed to establish a nexus to a protected ground. See

Dinu v. Ashcroft, 372 F.3d 1041, 1043-44 (9th Cir. 2004) (legitimate prosecutorial

purpose existed for police’s “heavy-handed” investigation). However, in

determining Cai’s mistreatment was the result of a personal and economic dispute

over property, the BIA did not address the second arrest and detention, in which

police beat Cai for reporting their earlier mistreatment. See Antonyan v. Holder,

642 F.3d 1250, 1255 (9th Cir. 2011) (“[t]hat [petitioner’s] initial reports stemmed

from a personal dispute does not render [his] later acts any less political”) (citation

and internal quotations omitted); see also Perez-Ramirez, 648 F.3d at 956

(“Retaliation for exposing corruption by government officials is by its very nature

a political act.”) (internal citations and quotations omitted). The BIA did not reach

any other issues. Accordingly, we grant the petition with respect to Cai’s asylum

and withholding of removal claims, and we remand for further proceedings
3 09-72455

consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002)

(per curiam).

Finally, with respect to CAT relief, Cai has failed to establish it is more

likely than not he faces torture if removed to China. See, Zheng v. Holder, 644

F.3d 829, 835 (9th Cir. 2011) (“To receive relief under CAT, Petitioner has the

burden of showing that he is more likely than not to be tortured in the country of

removal.”) (citation and internal quotation omitted).

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW GRANTED in part; DENIED in part;

REMANDED.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 66 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
S. RES. 66

    Expressing support for the designation of February 12, 2015, as 
    ``Darwin Day'' and recognizing the importance of science in the 
                        betterment of humanity.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2015

 Mr. Blumenthal submitted the following resolution; which was referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                               RESOLUTION

 
    Expressing support for the designation of February 12, 2015, as 
    ``Darwin Day'' and recognizing the importance of science in the 
                        betterment of humanity.

Whereas Charles Darwin developed the theory of evolution by the mechanism of 
        natural selection, which, together with the monumental amount of 
        scientific evidence Charles Darwin compiled to support the theory, 
        provides humanity with a logical and intellectually compelling 
        explanation for the diversity of life on Earth;
Whereas the validity of the theory of evolution by natural selection developed 
        by Charles Darwin is further strongly supported by the modern 
        understanding of the science of genetics;
Whereas it has been the human curiosity and ingenuity exemplified by Charles 
        Darwin that has promoted new scientific discoveries that have helped 
        humanity solve many problems and improve living conditions;
Whereas the advancement of science must be protected from those unconcerned with 
        the adverse impacts of global warming and climate change;
Whereas the teaching of creationism in some public schools compromises the 
        scientific and academic integrity of the education systems of the United 
        States;
Whereas Charles Darwin is a worthy symbol of scientific advancement on which to 
        focus and around which to build a global celebration of science and 
        humanity intended to promote a common bond among all the people of the 
        Earth; and
Whereas February 12, 2015, is the anniversary of the birth of Charles Darwin in 
        1809 and would be an appropriate date to designate as ``Darwin Day'': 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) supports the designation of ``Darwin Day''; and
            (2) recognizes Charles Darwin as a worthy symbol on which 
        to celebrate the achievements of reason, science, and the 
        advancement of human knowledge.
                                 <all>
```
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 6**  **416**

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. PETER SIMPSON, a/k/a Peter Pillings, a/k/a Clarence Floyd, a/k/a Diamond , Defendant

- Appellant
.

Appeal from the United States District Court for the Northern District of West Virginia , at Clarksburg
. Irene M. Keeley , District Judge. ( 1:95

- cr - 00005

- IMK

- 1 )

Submitted : July 19, 2012 Decided: July 23, 2012

Before DUNCAN, AGEE, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion
. Peter Simpson , Appellant Pro Se. Thomas Oliver Mucklow , Assistant United States Attorney, Martinsburg, West Virginia; Stephen Donald Warner, Assistant United States Attorney, Elkins, West Virginia , for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Peter Simpson appeals the district court’s order denying his 18 U.S.C. § 3582(c) (2) (2006) motion. We have reviewed the record and find no reversible error. Ac cordingly, we affirm for the reasons stated by the district court. United States v. Simpson , No. 1:95

- cr - 00005

- IMK

- 1 (N.D.W. Va. Feb. 17, 2012)
. We dispense with oral argument because the facts and legal contentions are adequately presented in the materi als before the court and argument would not aid the decisional
process.

AFFIRMED
Occupational Safety and Health Review Commission

Commission Monthly Case Activity for September 2023

1. Cases Pending Beginning of Month 20

2. Cases Added to Docket 0 

3. Cases Subtracted from Docket 0 

 

 

4. Total Cases Pending End of Month 20
**EXHIBIT 10.50**

**SIXTH AMENDMENT TO PURCHASE AGREEMENT**

This Sixth Amendment to Purchase Agreement(“Amendment”) is made by and between the Kirk & Blum Manufacturing Company (“Purchaser”) and Buckley Properties Co. (“Seller”) under the following circumstances: 

A. Purchase and Seller are parties to that certain Purchase Agreement dated September 6, 2005 (“Purchase Agreement”) pursuant to whichSeller agreed to sell, and Purchaser agreed to purchase, certain real property more particularly described in the Purchase Agreement, all upon the terms and conditions contained therein; 

B. Pursuant to Section 8(d) through (h) of the Purchase Agreement, Purchaser’s obligation to close the transaction contemplated by thePurchase Agreement is subject to certain contingencies, none of which have occurred; and 

C. Purchaser and Seller heretofore amended thePurchase Agreement by written amendments dated November 15, 2005, November 30, 2005, December 15, 2005, January 13, 2006 and February 1, 2006; and 

D. Purchaser and Seller each desire to enter into this Sixth Amendment to extend the period of time within which Purchaser may satisfy the contingenciescontained in Section 8(d) through (h) of the Purchase Agreement on the terms and conditions set forth herein. 

NOW, THEREFORE, inconsideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Purchase and Seller hereby agree as follows: 

1. Purchaser waives the contingencies contained in Sections 8(a), (b), and (c) of the Purchase Agreement, provided Seller cures Purchaser’sobjections contained in Purchaser’s correspondence dated October 20, 2005 and October 21, 2005 to Purchaser’s sole satisfaction. 

2. Section 4(a) of the Purchase Agreement as previously amended is further amended by deleting the date “February 17, 2006” and replacing it with the date “March 10, 2006”, and any referenceto “Closing” or “date of Closing” shall mean March 10, 2006. 

3. The period of time in which Seller has to notifyPurchaser of which matters it will cure and how of those previously objected to by Purchaser following the Inspection Period, as set forth in the subject Agreement, is hereby further extended through March 10, 2006. 

4. Except as further amended, modified or altered hereby, the Purchase Agreement as heretofore amended is not otherwise amended, modified or altered, andeach of the parties hereto ratifies, affirms and confirms each and every provision of the Purchase Agreement, as amended hereby. 

Dated this /15th/ day of February, 2006. 

 
PURCHASER:The Kirk & Blum Manufacturing CompanyBy: 
/s/ L. John Bertoli, III
 L. John Bertoli, III, Vice PresidentSELLER:Buckley Properties Co.By: 
/s/ Thomas Strotman
 Tom Strotman, Treasurer
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



In connection with the Quarterly Report of Alabama National BanCorporation
(Alabama National) on Form 10-Q for the period ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), John H. Holcomb, III, Chief Executive Officer of Alabama National, and
William E. Matthews, V, Chief Financial Officer of Alabama National, each hereby certifies, pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| | 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 Alabama National.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|                          
|--------------------------
|Dated: May 10, 2004       
|                          
|/s/ John H. Holcomb, III  
|John H. Holcomb, III      
|Chief Executive Officer   
|                          
|/s/ William E. Matthews, V
|William E. Matthews, V    
|Chief Financial Officer
Order filed, September 17, 2013.

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00601-CV

____________

NEW CONCEPT TRADE INCORPORATED A/K/A AND D/B/A NEW 

CONCEPT TRADE, INC. AND NEW CONCEPT TRADE AND SHEHZAD 

SADARUDDIN AKA AND BSPA SHEHZAD SADWDDIN, Appellant

V.

QUALITY KING FRAGRANCE, INC. D/B/A QUALITY FRAGRANCE 

GROUP, Appellee

On Appeal from the Co Civil Ct at Law No 2

Harris County, Texas

Trial Court Cause No. 946965

ORDER

The reporter’s record in this case was due September 06, 2013. See Tex. R. 

App. P. 35.1. The court has not received a request to extend time for filing the 

record. The record has not been filed with the court. Because the reporter’s record 

has not been filed timely, we issue the following order.
We order Gina Oliver, the official court reporter, to file the record in this 

appeal within 30 days of the date of this order. 

PER CURIAM
CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Anza Capital, Inc. (the
"Company") on Form 10-Q for the quarter ended July 31, 2005, as filed with the
Securities and Exchange Commission on or about the date hereof (the "Report"),
I, Vincent Rinehart, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley
Act of 2002, that:

      (1) The Report fully complies with the requirements of Sections 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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


Dated:  October 21, 2005                         /s/  Vincent Rinehart
                                                 -------------------------------
                                                 By:  Vincent Rinehart
                                                 Its:  Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Anza Capital,  Inc. and will be retained by Anza  Capital,  Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

Certification of CEO and CFO 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 Quarterly Report on Form 10-Q of Building Materials Corporation of America (the "Company") for the quarterly period ended April 5, 2009
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Robert B. Tafaro, as Chief Executive Officer and President of the Company, and John F. Rebele, as Senior Vice
President, Chief Financial Officer and Chief Administrative Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge and belief:



|                     |  |                                                                                 |  | 
|-------------------- |  | ------------------------------------------------------------------------------- |  | 
|/s/ ROBERT B. TAFARO |  |                                                                                
|Name:                |  | Robert B. Tafaro                                                                |  | 
|Title:               |  | Chief Executive Officer and President                                           |  | 
|Date:                |  | May 20, 2009                                                                    |  | 
|/s/ JOHN F. REBELE   |  |                                                                                
|Name:                |  | John F. Rebele                                                                  |  | 
|Title:               |  | Senior Vice President,
Chief Financial Officer
and Chief Administrative Officer |  | 
|Date:                |  | May 20, 2009                                                                    |  | 

---



QuickLinks
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

__________________________________________

SECRETARY OF LABOR, :

:

Complainant, :

:

v. : OSHRC Docket No. 13-1124

:

INTEGRA HEALTH MANAGEMENT, INC., :

:

Respondent. :

__________________________________________:

ORDER AND NOTICE OF ORAL ARGUMENT

The Review Commission sua sponte orders oral argument in OSHRC Docket Number 

13-1124. Oral argument will be held on June 7, 2018, at 11:00 a.m. in the hearing room at the 

Review Commission’s Washington, D.C. headquarters listed above. 

Oral argument will be conducted in accordance with Commission Rule 95, 29 C.F.R. 

§ 2200.95. Each party will have 30 minutes to present its argument and may allocate a portion of 

their time for argument to their amicus curiae. The Respondent will argue first. Each party may 

reserve up to ten minutes of its time for rebuttal and must so advise the Commission no later than 

May 17, 2018. The issues to be heard are those that were stated in the briefing notice.

Persons requiring special accommodations under the Americans with Disabilities Act 

shall submit their requests in writing to the Executive Secretary no later than three (3) working 

days in advance of the above scheduled date for oral argument to allow time for the request to be 

handled in an appropriate manner.
2

Any motion for postponement should be submitted immediately upon receipt of this 

notice. Counsel should be aware, however, that the Review Commission looks with disfavor 

upon such a motion, and it will not be routinely granted.

BY DIRECTION OF THE COMMISSION

Dated: May 9, 2018 /s/

John X. Cerveny

Executive Secretary
EXHIBIT 32.2

                        DIGITAL DESCRIPTOR SYSTEMS, INC.
                CERTIFICATION 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 Quarterly Report of Digital Descriptor Systems, Inc. (the
"Company")  on Form 10-QSB for the period ended March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
Pellegrino,  Chief Financial Officer,  of the Company,  certify,  pursuant to 18
U.S.C.ss.1350,  as adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of
2002, that:

      (1) The Quarterly Report on Form 10-QSB of the Company 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.

A signed  original of this  written  statement  required by Section 906 has been
provided to Digital  Descriptor  Systems,  Inc.  and will be retained by Digital
Descriptor Systems, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.

Date:  May 23, 2005


/s/ Michael Pellegrino
----------------------
Michael Pellegrino
Chief Financial Officer
Exhibit 10.3  SECOND AMENDMENT TO EMPLOYMENT AGREEMENT  This Second Amendment (the Second Amendment), is made and entered into as of this 13thday of May, 2014, and is an amendment to that certain Employment Agreement dated as of April 29, 2011, between SHFL entertainment, Inc. formerly known as Shuffle Master, Inc., a Minnesota corporation (SHFL), and Kathryn S. Lever (Executive) and amended by that certain Amendment to Employment Agreement dated as of November 25, 2013, between Bally Technologies, Inc. (the Company), as successor in interest by merger to SHFL (collectively, the Employment Agreement).  All capitalized terms used in this Second Amendment and not otherwise defined herein shall have the same meaning as in the Employment Agreement.  For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Executive hereby agree as follows:  1.         The Initial Term as specified in Section I of the Agreement is hereby amended to extend the Initial Term for an additional forty-five (45) days.  The Initial Term shall end on June 19, 2014.  2.         Except as expressly amended hereby, the Employment Agreement, as amended hereby, is hereby confirmed and ratified by the parties as being and remaining in full force and effect, according to its terms and conditions, and without any further amendments or modifications.   Company:

Executive:Bally   Technologies, Inc.By:
/s/ Ramesh Srinivasan

/s/ Kathryn LeverName:
Ramesh   Srinivasan

Kathryn S.   LeverIts:
President   & CEOAPPROVED:Bally   Technologies, Inc.
Compensation   CommitteeBy:
/s/ Josephine LindenName:
Josephine LindenIts:
Chairman  Page 1 of 1