alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Argued and submitted October 17,

reversed and remanded with instructions November 26, 1979,

reconsideration denied January 3,

petition for review denied January 15, 1980 (288 Or 335)

#### STATE OF OREGON, *Respondent, v.*GEORGE MICHAEL EATON, *Appellant.*

(No. 18-602, CA 13072)

602 P2d 1159

Thomas J. Crabtree, Deputy Public Defender, alem, argued the cause for appellant. With him on íe brief was Gary D. Babcock, Public Defender, alem.

W. Benny Won, Assistant Attorney General, Salem, 'gued the cause for respondent. With him on the brief ere James A. Redden, Attorney General, and Walter

Barrie, Solicitor General, Salem.

Before Tanzer, Presiding Judge, and Thornton and ampbell, Judges.

CAMPBELL, J.

*471CAMPBELL, J.

Defendant appeals from his conviction, after trial >y jury, of burglary in the first degree, ORS 164.225. [he sole question on appeal is whether the building vhich he entered unlawfully is a "dwelling” within the neaning of ORS 164.205(2).1 We hold that it is not and everse and remand for entry of conviction of burglary n the second degree.

The information of the district attorney charged efendant with unlawfully and knowingly entering md remaining in a dwelling in the Jesuit Church lamp near Pacific City, with the intent to commit heft, on or about November 17, 1976.2

The two-story building involved is lived in for an ight-week period each summer by Jesuit students tudying for the priesthood. It is undisputed that the uilding was vacated by the students in August 1976. Vhen people associated with the camp first returned tie following May, they noticed several items missing. Subsequently, those items were found in defendant’s ossession, leading to his conviction.

ORS 164.225 provides in pertinent part:

> "(1) A person commits the crime of burglary in the first degree if he violates ORS 164.215 and the building is a dwelling * * * ”

ORS 164.215 provides:

> "(1) A person commits the crime of burglary in the second degree if he enters or remains unlawfully in a building with intent to commit a crime therein.”

"Dwelling” is defined by ORS 164.205(2) as "a uilding which regularly or intermittently is occupied y a person lodging therein at night, whether or not a arson is actually present.”

*472Where an eight-week period of occupancy is followed by 44 weeks of vacancy, and where the burglary occurred months after the last occupant left, we conclude that the structure is not occupied "regularly or intermittently.”

Reversed and remanded for entry of conviction of burglary in the second degree and for resentencing.

1

 Defendant acknowledges that he did not raise this issue at trial by ay of motion for judgment of acquittal. Under 7.19, Rules of Procedure of e Oregon Supreme Court and Court of Appeals, we may exercise our scretion to take notice of errors of law apparent on the face of the record, e do so in this case.

2

 The prosecution conceded that the date was conjectural.
Exhibit 14



Moscow CableCom Corp.

Code of Ethics for the Chief Executive Officer, Chief Financial Officers and 
All Accounting and Financial Personnel



This code sets forth the fundamental principles to which MOCCs executive and finance personnel are expected to adhere and uphold.  Executive and finance personnel are expected to unequivocally abide by this Code as well as all other applicable Company policies and procedures relating to areas covered by this Code.  Any violations of this Code may result in disciplinary action, including termination of employment, as appropriate.



MOCCs Chief Executive Officer, its Chief Financial Officer and all accounting and financial personnel will:



1.

Act honestly, ethically and with integrity in good faith, with due care, competence and diligence.



2.

Familiarize himself or herself with all applicable laws, rules and regulations of United States and Russian, state and local governments and other appropriate regulatory agencies and ensure that MOCC and its subsidiaries comply with such laws, rules and regulations in all activities within the scope of such persons responsibilities.



3.

Promote an environment of truthful disclosure and honesty.



4.

Avoid actual or apparent conflicts of interest between personal and professional relationships and consult the Company policy or contact the General Counsel regarding conflict situations as they arise.



5.

Report information that is accurate, complete, fairly stated, timely and understandable without misrepresenting or omitting material facts, including material information that may affect the Companys public filings and public announcements.



6.

Respect the confidentiality of information acquired in the course of their work except when authorized or otherwise legally obligated to disclose.  Confidential information acquired in the course of their work will not be used for personal advantage.



7.

Promptly report any significant deficiencies in internal controls to an appropriate Finance manager or member of the Audit Committee.



8.

Promptly report any violation of:  (i) applicable laws, (ii) this Code or the Companys Code of Ethics and Business Conduct or (iii) fraud to an appropriate Finance manager, a member of the Audit Committee or the Companys General Counsel.  MOCC will not allow for retaliation for reports made in good faith.



The Audit Committee of the Board of Directors shall be accountable for implementing policies and procedures for achieving compliance with this Code.  The Committee has the sole authority to approve any amendment or waiver of any provision of this Code of Ethics, and any amendment or waiver will be promptly disclosed as required by the Securities and Exchange Commission.
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Exhibit 32.1

CERTIFICATION

I, Scipio M. Carnecchia, President and Chief Executive Officer of Accelrys, Inc. (the Company)
and I, Rick E. Russo, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009, (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 for the period covered by this Report.

/s/ Scipio M. CarnecchiaScipio M. CarnecchiaPresident and Chief Executive Officer/s/ Rick E. RussoRick E. RussoSenior Vice President and Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)Date: August 7, 2009


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.

This certification accompanies the
Report to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange of 1934, as amended, whether made before
or after the date of the Report and irrespective of any general incorporation language contained in such filing.
** Exhibit 31.1**

 

I, Stephanie G. DiMarco,certify that:

 

1. I have reviewed this quarterly report ofAdvent Software, Inc.;

 

2. Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4. The registrant’s other certifyingofficer(s) and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)          Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)         Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation;

 

(c)          Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

 

5. The registrant’s othercertifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):

 

(a)          All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b)         Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 

 

 

 

Date:  August 7, 2003

 

 
|   |  /s/ Stephanie G. DiMarco          |
|--------|-----------------------------------------|
|   | Stephanie  G. DiMarco                   |
|   | *Chief Executive Officer and President* |

 

 

----
EXHIBIT
15





AWARENESS
LETTER OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








MidAmerican
Energy Company


Des
Moines, Iowa





We have
reviewed, in accordance with the standards of the Public Company Accounting
Oversight Board (United States), the unaudited consolidated interim financial
information of MidAmerican Energy Company and subsidiary for the three-month
periods ended March 31, 2008 and 2007, as indicated in our report dated
May 2, 2008; because we did not perform an audit, we expressed no opinion
on that information.





We are
aware that our report referred to above, which is included in your Quarterly
Report on Form 10-Q for the quarter ended March 31, 2008, is
incorporated by reference in Registration Statement No. 333-142663 on
Form S-3.





We also
are aware that the aforementioned report, pursuant to Rule 436(c) under the
Securities Act of 1933, is not considered a part of the Registration Statement
prepared or certified by an accountant or a report prepared or certified by an
accountant within the meaning of Sections 7 and 11 of that
Act.








/s/
Deloitte & Touche LLP





Des
Moines, Iowa


May 2,
2008
No. 82-961.

#### South Dakota ex rel. Aurora County et al. *v.*Olgilvie, Trustee of Chicago, Milwaukee, St. Paul & Pacific Railroad Co.

C. A. 7th Cir. Certio-rari denied.
<PAGE>

                       CONSENT OF INDEPENDENT ACCOUNTANTS


     We consent to the incorporation by reference in Registration Statement
No. 33-75144 on Form S-3 of Time Warner Entertainment Company, L.P. ('TWE') and
in the related Prospectus of our reports dated February 10, 1998, with respect
to the consolidated financial statements and schedules of TWE, Warner
Communications Inc. and American Television and Communications Corporation,
included in this Annual Report on Form 10-K for the year ended December 31,
1997.


                                                     ERNST & YOUNG LLP
                                                -----------------------------
                                                     ERNST & YOUNG LLP
New York, New York
March 25, 1998
No. 1212, Misc.

Petitioner *pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg*and *Kirby W. Patterson*for the United States.

#### Browne *v.*United States.

C. A. 2d Cir. Certiorari denied.
03/22/201 0 13:3 4 FA X 202433514 2 FA A+ DM S @1001/00 2

UNITE D STATE S DEPARTMEN T O V TRANSPORTATIO N OFFIC E O FHEARING S WASHINGTON , D.C
. I N TH E MA'I-J'E ROF : § FA A Docke t No
. CP09SW000 7 § AMERICA N EAGL E AIRLINES, INC
. § FA A Cas e 2007SW21037 7 an d § 2007SW21039 3 § U
. S
. Administrativ e La w Judg e § RicliardC , Goodwi n 

## J
NOTIC E O FDEPOSITIO N O FBO B LAURIO N
Pursuan t t o 1 4 C.F.R , §13.220(j) , pleas e tak e notic e that th e undersigne dcounse l wil l take th e depositio n upo n ora

l examinatio n o f

Bo b Laurion , Principa l Avionic s Inspector , beginnin g a t 2p mo n Marc h 9 , 2010 , a t American Airlines , Inc. , 433 3 Amo n Carte r Boulevard , For

t Worth , Texa s 76155 , before acertifie dcour t reporte r authorize dt o administe r oaths , fo r al l purpose s permitte dby federa

l rule s an dstatutes . Respectfull y submitted , 

# 4^<4/ e
Franci s C
. Hei l American Airlines , Inc
. Legal Departmen t P.O
. Bo x 61961 6 M D 567 5 DFWAirport , T X 75261-961 6 Attorne y fo

r American Eagl e Airlines , Inc
. Dated : Februar)'26 , 201 003/22/201 0 13:3 4 FA X 202493514 2 FA A

. QM S i002/00 2

CERTIFICAT E O FSERVIC E I hereb y certif

y that o n February 26 , 2010 , acop y o f th e foregoin g Notic e o f

Depositio n ha s bee n serve db y Federal Expres s Priority Overnigh t delivery on th e following :
Bo b Laurion , Principa l Avionic s Inspecto r AM RCertificate s Managemen t Offic e 1480 0 Trinity Boulevard , Suit e 10 0 For t Worth , Texa s 7615 5 T : 817^684-680 0 F : XI7-684-692 0 Hearin g Docke t

Clerk , AGC-43 0 (U.S
. Mai l only ) Federal Aviatio n Administratio n Offic e o f th e Chie f Counse l Wilbu r Wrigh t Building , Suit e 2W100 0 60 0 Independenc e Avenue , SW. , Washington , D C 2059 1 Rcn aM
. Price , Attorne y Federal Aviatio n Administratio n Southwes t

Regio n Offic e o f th e Regional Counsel , ASW- 7 260 1 MeachamBlvd
. For t Worth , lexa s 7613 7 rena-m.pricc@faa.go v T : 817-222-506 8 F ; 817-222-594 5

LisaA
. Paparclli , Paraleg a
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Annual Report of AEI Income & Growth Fund
24  LLC  (the  "Company")  on  Form 10-K  for  the  period  ended
December  31,  2009,  as filed with the Securities  and  Exchange
Commission  on  the date hereof (the "Report"), the  undersigned,
Robert  P.  Johnson, President of AEI Fund Management XXI,  Inc.,
the  Managing Member of the Company, and Patrick W. Keene,  Chief
Financial Officer of AEI Fund Management XXI, Inc., each certify,
pursuant  to  18 U.S.C. 1350, as adopted pursuant to Section  906
of the Sarbanes-Oxley Act of 2002, that:

     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.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              March 29, 2010



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              March 29, 2010
No. 91-6117.

#### Luna *v.*United States.

C. A. 5th Cir. Certiorari denied.
Exhibit 10.1

 



 

	
 
  	
Michael P. Connors
  
	
 
  	
Chairman and
  
	
 
  	
Chief Executive Officer
  


 

PERSONAL AND CONFIDENTIAL

 

19 November, 2010

 

Mr. David Whitmore 
 CEO Compass 
 United Kingdom

 

Dear David:

 

Over the last several months, we have discussed at length the potential power of the combining of Compass and TPI within ISG. As well, we have also discussed in some detail our shared view of how that combination would drive significant shareholder value. As we are now on the threshold of executing our joint acquisition plans, I wanted to confirm your employment details.

 

At the closing of the transaction you will become Compass CEO and Vice Chairman of ISG. You will be responsible for the development and execution of the Compass Business Plan we have agreed on, lead our Go-to-Market integration plans and help drive success across ISG.

 

Your base salary will be 244,000 GBP annually with a target Annual Incentive Plan (AIP) opportunity of 190,000 GBP for 2011 for a total annual cash opportunity of 434,000 GBP.

 

David, as we discussed, our vision at ISG is to build an industry-leading, information-based services company. We are convinced that under your leadership Compass will exceed expectations and help accelerate our progress toward achieving this vision. We are still in the early stages of execution of our vision and with your financial, operational and consulting experience I know you will make significant contributions to our success.

 

We look forward to you joining the ISG Team!

 

Sincerely,

 



 

	
Information Services Group, Inc.
  	
t: 203 517 3100
  
	
Two Stamford Plaza
  	
f: 203 517 3199
  
	
281 Tresser Boulevard, Stamford, CT 06901
  	
www.informationsg.com
No. 86-5973.

#### Sellner *v.*Panagoulis et al.

C. A. 4th Cir. Certiorari denied.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1159

BRENDA SAWADA,

Plaintiff - Appellant,

v.

JOHN E. POTTER, Postmaster General; REGINA EWING, Supervisor;

LISA MILLER, Supervisor,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Andre M. Davis, District Judge.

(1:06-cv-00754-AMD)

Submitted: July 16, 2008 Decided: September 23, 2008

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael J. Snider, Ari Taragin, Jeffery C. Taylor, Jason I.

Weisbrot, Jacob Statman, SNIDER & ASSOCIATES, LLC, Baltimore,

Maryland, for Appellant. Rod J. Rosenstein, United States

Attorney, Ariana Wright Arnold, Assistant United States Attorney,

Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Brenda Sawada appeals the district court’s order denying

her motion filed under Fed. R. Civ. P. 56(f), and granting

Defendants-Appellees’ motion for summary judgment in this

employment discrimination action. We have reviewed the parties’

briefs and the joint appendix and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Sawada v. Potter, No. 1:06-cv-00754-AMD (D. Md. Feb. 9,

2007). We grant the motion to withdraw filed by one of Sawada’s

attorneys and 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.

AFFIRMED