alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Witt, Respondent, vs. Merz, imp., Appellant.

*May 12*

June *3, 1909.*

*Appeal and error: Review: Findings of referee, when disturbed.*

Where there is evidence to support the findings of a referee, confirmed hy the trial court, they -will not be set aside on appeal unless the clear preponderance of the evidence is against them.

*30Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNER, Circuit Judge.

*Affirmed.*

Tbe cause was submitted for tbe appellant on tbe brief of *Edgar L. Wood*and *Christian*Doerfler, and for tbe respondent on that of *Charles J. Weaver.*

BabNes, J.

This action is brought by a subcontractor to foreclose a claim for a mechanic’s lien. Tbe case was referred, and tbe findings of fact and conclusions of law made and found by tbe referee were confirmed by tbe court. This •appeal is taken to review tbe correctness of two of tbe findings of fact.

Tbe referee found that tbe last work performed by tbe plaint *iff*upon the building which be constructed was done on November 13, 1905. Tbe defendant Komorowski, tbe owner of tbe building, offered evidence to show that tbe last date upon which work was performed was November 4, 1905. Tbe notice provided for by sec. 3315, Stats. (1898), was served on January 9, 1906. It is manifest that if the last work was performed as early as November 4th tbe plaintiff bad lost bis right to a lien by reason of tbe fact that more-than sixty days bad elapsed after tbe work was done and before tbe required notice was served upon tbe owner. Tbe testimony seems to preponderate in favor of tbe contention of tbe appellant upon tbe question. There is, however, considerable evidence in tbe record to support tbe finding of tbe referee, and we do not think tbe testimony so clearly preponderates against bis finding as to warrant this court in setting it aside. Tbe referee bad tbe advantage of seeing the witnesses, and should be in a better position to pass upon their ■credibility than this court is.

Certain payments were made by the principal contractor to tbe plaintiff while tbe latter was engaged in building tbe bouse of tbe defendant Komorowski, and it is urged that it was error not to apply such payments, or at least a portion *31■of them, on the indebtedness due from the principal contractor to the subcontractor on account of the Komorowski house. The evidence to show that these payments were made ■on account of other jobs which the plaintiff was performing for the principal contractor is sufficient to sustain the finding ■of the referee.

*By the Gourt.*— Judgment affirmed.
u-Smart Tech, Inc. Order Sheet



 Exhibit 10.11 
 

 
  
 Order Sheet

 U-smart Tech Co., Ltd. 
 TEL. 02-363-4389 FAX. 02-363-4388 
 August 8, 2008 
 Orderer 
 Taxpayer Identification Number 
 Name of Company 
 U-smart Tech Co., Ltd. 
 Name of Representative 
 Jae Hong Woo 
 Address 
 117,
Daewoo The-Oville B/G Business Center #103, Hap-dong, Seodaemun-Gu, Seoul, Korea 
 Type of Business 
 Items of Business 
 Supplier 
 e-Smart Korea, Inc. 
 Address 
 642-9 Yeoksam-Dong, Gangnam-Gu, Seoul 
 TEL. 02-2185-5887 
 FAX. 02-2185-5889 
 Price : THREE MILLION EIGHT HUNDRED FIFTY THOUSAND WON (KRW 3,850,000) / VAT not included

 NO Name of Product Detail Unit Quantity Unit Price Price 
 1 Access Control System S/W Access Control EA 1 3,000,000 3,000,000 
 Package 
 Main
Controller (SCU-5000) EA 1 2,000,000 2,000,000 
 Power Box EA 1 180,000 180,000 
 IC Card Reader (SIR-700D) EA 1 400,000 400,000 
 Electric Strile (EDM-105) EA 1 200,000 200,000 
 Exit Button (AXT-24) EA 1
40,000 40,000 
 Construction/Piping/Lining EA 1 400,000 400,000 
 Employee ID Card I AM CARD EA 50 25,000 1,250,000 
 Dummy Reader STR810D EA 30 25,000 750,000 
 Total 3,850,000 
 Reference : 1. Date of Delivery : Negotiable 
 2. Terms of Payment : Cash 







 

 
  
 E-SMART KOREA
INC. 
 TEL. +822.2185.5886~8 FAX. +822.2185.5889 
 642-9, Songchon B/D 9F, Yeoksam-dong 
 Gangnam-gu, Seoul, Korea 
 Delivery Notes 
 No. : EM-0809-001 
 Date of Supply: September 9, 2008 
 Recipient 
 Taxpayer Identification Number 110-81-81463 
 Name of 
 Company 
 u-Smart Tech, Inc. 
 C E O 
 Jeo Hong Woo 
 Address 
 103, Daewoo Theoville KanDo, 
 117 Chungjeongno, Hap-dong, Seodaemun-gu, Seoul, Korea 
 Supplier 
 Taxpayer Identification Number 
 220-86-72121 
 Name of Company 
 e-Smart Korea, Inc. 
 C E O 
 Mary
A. Grace 
 Address 
 642-9 Yeoksam-Dong, 
 Gangnam-Gu, Seoul 
 Please accept the under-mentioned products as described below 
 NO 
 1

 Name of Product 
 Access Control System 
 Employee ID Card 
 Dummy Reader 
 Specification 
 Unit 
 SET 
 PCS 
 EA 
 Qty

 1 
 50 
 30 
 Remarks 
 Recipient: Jae Hong Woo 
 Supplier: Chang-Sik Park 
 http://www.esmartkorea.com 
 1/1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ALLAIRE
CORPORATION'S FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001016139
<NAME> ALLAIRE CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           3,425
<SECURITIES>                                       299
<RECEIVABLES>                                    3,007
<ALLOWANCES>                                     (479)
<INVENTORY>                                        138
<CURRENT-ASSETS>                                 6,919
<PP&E>                                           5,687
<DEPRECIATION>                                 (1,713)
<TOTAL-ASSETS>                                  11,297
<CURRENT-LIABILITIES>                           11,625
<BONDS>                                              0
<PREFERRED-MANDATORY>                           12,673
<PREFERRED>                                        260
<COMMON>                                            96
<OTHER-SE>                                    (15,448)
<TOTAL-LIABILITY-AND-EQUITY>                    11,297
<SALES>                                         12,172
<TOTAL-REVENUES>                                14,408
<CGS>                                            1,270
<TOTAL-COSTS>                                    4,112
<OTHER-EXPENSES>                                23,194
<LOSS-PROVISION>                                    53
<INTEREST-EXPENSE>                                 170
<INCOME-PRETAX>                               (12,797)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (12,797)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (12,797)
<EPS-BASIC>                                     (1.85)
<EPS-DILUTED>                                   (1.85)


</TABLE>
<PAGE>   1


                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-95683) and Form S-8 (No. 333-76855, 333-78329,
333-81729, 333-83617) of Allaire Corporation of our report dated March 13, 2000
relating to the financial statements, which appears in the Annual Report to
Shareholders, which is incorporated in this Annual Report on Form 10-K. We also
consent to the incorporation by reference of our report dated March 13, 2000
relating to the financial statement schedules, which appears in this Form 10-K.



/s/ PricewaterhouseCoopers LLP

Boston, Massachusetts
March 29, 2000
## Court of Appeals of the State of Geo rgia

ATLA NTA,

_________________ _ The Court of

Appeals he reby passes

the followi

ng order: A14A2152. DIAZ v. THE STATE. The Appellan

t’s brie f was or

iginally due in this c ase on Augu st 11, 2014. Counsel for the Appellant requested and was gra nted an ex tension of time to file a brief. This Cour

t ordered counsel to f

ile the A ppellant’ s brief by

August 25 . On that date, however, counsel filed a non-co nform ing pleading which the Clerk’s office rejec ted. On August 26, counsel filed an untimely m otion for a second extension of ti me to file the

Appellan

t’s brie f. Counse l also file d an untimely motio n to “un
docket” the appeal based upon counsel’s belateddiscovery that the tr

anscript o f the motion f or a new trial hea

ring had not been prepa

red for inclusion in th e appella te record. Ordi nar ily, this Court would dismiss this case for failure to comply with an order of this Court. However, upon a review of the record before us, it appears that unusual delays have already occurred in this case as the result of lost or b elatedly filedtranscripts and pleadings. Therefore, in the interest of expediting this matter, coun sel’s request th at the case b e REMANDED to the trial court for the com pletion of the record is hereby GRA NTED. W

hen the clerk has compl eted prep aration of the record, the cler

k is direct ed to trans mit th e supplemented rec ord to this C ourt for re-docke ting of the a

ppeal. T he Appell ant need not

file a se cond notice

of appeal
. September 09, 2014Court of Appeals of the State of Georgia Clerk’s Offi

ce, Atlant a,_______________

___ I c ertify t hat the abo ve is a true extract fro m the minutes of the Court

of Appeals

of Georgia. Witness my signature and the seal of s aid court hereto aff

ixed the day and year last above writt

en. , Clerk. 09/09/2014
1'

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•

. . •

s

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fer faikaarlea selative to Mr Peres

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sr Drib Amnon tiat serrepriel is the briars at real, 1111111113r

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iliaelles a6s prism. • trio stare report relative Is the esr

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to all re brier. le se late 111111 ear airlifts arida( asoloritensio

eleetrealet ad earn 'odor*.

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is working is anduastiaa vii OW ea lids prOset. Seer Air Devalsrrat Ouster is uakire • preeedatlea is re Mato of tie entire

projest before %be istartifie idriseer leer& at leetea Ildversity es

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des to Ida eeepades esi proems iaislvsl felt it wee Tarr petting

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:-.''''""1.7411

-;tit
Exhibit 32

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 Annual
Report of AVAX Technologies, Inc. (the Company) on Form 10-KSB for the period ended December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Richard P. Rainey, President (as such, the
principal executive officer and principal accounting 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 to the best of my 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 the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

/s/   Richard P. Rainey

---

---
IN THE SUPREME COURT OF THE STATE OF

## moNr 

# EL iA 

# ED PR 06-0544
IN RE PETITION OF CHRISTOPHER G.MILLER FOR REINSTATEMENT TO ACTIVE STATUS IN THE BAR OF MONTANA 

### AUG 0 3 2021
Bowen Greenwood Clerk of Supreme Court State of Montane ORDER
Christopher G.Miller has petitioned the Court for reinstatement to active status in the State Bar ofMontana. Miller wasplaced on inactive status on July 12,2021,for failing to comply with the Rules for Continuing Legal Education for the reporting year ending March 31,2021. Miller has provided a letter from the State Bar certifying that Miller has now completed all CLE requirements for that reporting year, in accordance with Rule 13 ofthe CLE Rules. The Petition states that Miller is not currently subject to disciplinary proceedings and has not committed any acts or omissions sanctionable under the Rules of Professional Conduct while on inactive status. Good cause appearing, IT IS HEREBY ORDERED that the petition of Christopher G. Miller for reinstatement to active status in the State Bar ofMontana is GRANTED. Upon payment ofany remaining dues, fees, and the state license tax to the State Bar ofMontana,Miller shall be reinstated. The Clerk is directed to provide copies ofthis order to the Petitioner and the State Bar ofMontana. DATED this day ofAugust,2021.
ChiefJus • e 4 ,


### rxe 08/03/2021

Case Number: PR 06-0544

# 4,,9,...

suAI4.viL---
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEROME BANKS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 66 WAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 31st day of July, 2018

, the Petition for Allowance of Appeal is

DENIED

.
# C_2005106EN.01000202.xml

| 30.4.2005 | EN | Official Journal of the European Union | C 106/2 |
| --- | --- | --- | --- |

30.4.2005

EN

Official Journal of the European Union

C 106/2

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 3 March 2005

in Case C-283/02: Italian Republic v Commission of the European Communities (1)

1

(Action for annulment - Wine production - Regulation (EC) No 753/2002 - description, designation, presentation and protection of the products - Protection of additional traditional terms - Erroneous classification of traditional terms - Languages permitted to be used on labels - Principle of equal treatment)

(2005/C 106/03)

Language of the case: Italian

In Case C-283/02 Italian Republic (Agent: I.M. Braguglia and M. Fiorilli, lawyer) v Commission of the European Communities (Agent: A. Alves Vieira, V. Di Bucci and M. Nolin) — action for annulment under Article 230 EC — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Schintgen, P. Kūris and G. Arestis, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, gave a judgment on 3 March 2005, in which it:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Italian Republic to pay the costs. |
| --- | --- |

2.

Orders the Italian Republic to pay the costs.

---

(1)  OJ 2002 C 233 of 28.09.2002.

1

---
**EXHIBIT****32.2**

MICROS SYSTEMS, INC.

Certification of Principal Financial Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, Gary C. Kaufman, Executive Vice President of Finance and Administration and the Chief Financial Officer of MICROS Systems, Inc. (“Registrant”), certify that to the best of my knowledge, based upon a review of the quarterly report on Form 10-Q for the period ended December 31, 2006 of the Registrant (the “Report”):

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

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

| Date: February 8, 2007 | /s/ Gary C. Kaufman |
|------------------------|---------------------|
|                   |                     |
|                   | Gary C. Kaufman     |
## NO. 12-08-00279-CR IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

§ IN RE: HER BER T SHELTON, RELATOR § ORIGINAL PROCEE DING § MEMORA NDUM OPIN ION PER CU RIAM Her bert Shelton filed a pe titio n fo r writ of mandamus reque sting that we order the Texa s Board of Par dons and Paroles to give him c redit for time served while awaiting his transport to the State's Substance Abuse F el o n y P rogram (SAFP ). This court ha s no mandamus jurisdiction over the Texa s Board of Par dons and Paroles. See T EX . G OV ' T C ODE A NN . § 22.221 (Ve rnon 2004). Ac c or din gly , th e pe titionfo r w ri t of mand a mus is dismiss ed for want of jurisdiction
. Opinion delivere d June 25, 2008. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(DO N OT PUBLISH)
#### Bejma, Respondent, vs. Johnson and others, Appellants.

*October 29*

November *11, 1914.*

*March 26*

April *13, 1915.*

*Bejma v. Chicago*cG *M. E. Jt. Co., ante,*p. 527, followed.

Appeal from a judgment of the circuit court for Milwaukee county: F. C. Esci-iweilek, Circuit Judge.-

*Reversed.*

Action to recover damages sustained by the plaintiff by reason of injuries received by his minor son, who was run over by one of defendant’s trains on November 23, 1912. The action was begun in the civil court and a judgment for ?2,000 was entered in favor of the plaintiff. Upon appeal to the circuit court the judgment was affirmed, and the defendants appealed to this court.

For the appellants there was a brief by *Edgar L. Wood,*attorney, and *Peter Fisher*and *Bull & Johnson,*of counsel, and oral argument by *Mr. Wood*and *Mr. Fisher.*

*C. W. Bradford,*for the respondent.

The following opinion was filed November 17, 1914:

Vinjb, J.

The findings of the civil court were affirmed by the circuit court, and so far as they are material to the issues involved upon this appeal they were substantially the same as those contained in the verdict of the jury in the case of the minor son *(Bejma v. Chicago & M. E. R. Co., ante,*p. 527, 152 N. W. 180). The evidence supporting the findings'is also substantially the same. Hence the decision in that case controls this.

*By the Court.*— Judgment reversed, and cause remanded with directions to enter judgment for defendants dismissing the complaint upon the merits.

Timlin, J., dissents.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             629
<SECURITIES>                                         0
<RECEIVABLES>                                   11,391
<ALLOWANCES>                                       400
<INVENTORY>                                     14,675
<CURRENT-ASSETS>                                29,086
<PP&E>                                          22,062
<DEPRECIATION>                                   6,685
<TOTAL-ASSETS>                                  94,056
<CURRENT-LIABILITIES>                           10,626
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            73
<OTHER-SE>                                      79,494
<TOTAL-LIABILITY-AND-EQUITY>                    94,056
<SALES>                                         65,664
<TOTAL-REVENUES>                                65,664
<CGS>                                           25,926
<TOTAL-COSTS>                                   25,926
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,205
<INCOME-PRETAX>                                  (294)
<INCOME-TAX>                                       823
<INCOME-CONTINUING>                            (1,167)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,167)
<EPS-PRIMARY>                                    1.14 
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Page 9712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03745]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Apple, Inc.; Project No. 14430-004]


Notice of Transfer of Exemption

    1. By letter filed January 9, 2014, Apple, Inc. informed the 
Commission that the exemption from licensing for the Monroe Drop 
Hydroelectric Project, FERC No. 14430, originally issued August 1, 
2014,\1\ has been transferred from Monroe Hydro, LLC to Apple, Inc. The 
proposed project would be located on North Unit Irrigations District's 
main irrigation canal near the town of Culver in Jefferson County, 
Oregon. The transfer of an exemption does not require Commission 
approval.
---------------------------------------------------------------------------

    \1\ 148 FERC ] 62,098, Order Granting Exemption from Licensing 
(Conduit).
---------------------------------------------------------------------------

    2. Apple, Inc. is now the exemptee for the Monroe Drop 
Hydroelectric Project, FERC No. 14430. All correspondence should be 
forwarded to: Apple, Inc., Attn: Mr. Nathan Fleisher, 1 Infinite Loop, 
MS: 119-REF, Cupertino, CA 95014.

    Dated: February 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-03745 Filed 2-23-15; 8:45 am]
BILLING CODE 6717-01-P
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JANUARY 31, 2023

NO. 03

- 22

- 00499

- CV

Dyanne Stengel , Appellant

v.

Cheryl Durant Barnes , Appellee

APPEAL FROM COUNTY COURT OF LLANO COUNTY

BEFORE JUSTICES BAKER, KELLY, AND SMITH

DISMISSED FOR WANT OF PROSECUTION

-- OPINION BY JUSTICE SMITH

This is an appeal from the judgment signed by the tr i a l c ourt . Having reviewed the record , the

Court holds that Dyanne Stengel has not prosecu ted her appeal and did not comply with a notice

from the C lerk of this C ourt

. Therefore, the Court dismisses the appeal for want of prose cution.

The a ppellant shall pay all costs relating to this appeal, both in this Court and in the court below.
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 Lattice, Inc. (the “Company”) on Form
10-Q for the period ended June 30, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Paul Burgess, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.






Date:
      August 20, 2010
            By:
            /s/
      Paul BurgessPaul
      Burgess
              President
      (principal executive
officer)