alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### George Cox, respondent, *vs.*William A. Baeder *et al.*appellant.

*(Supreme Court, General Term, Second Department,*

*Filed December*14, 1886.)

Contract — Breach of — Evidence — Estoppel.

The plaintiff claimed that he was employed by the defendants for one year at salary agreed upon, and that he was wrongfully discharged, before the year had elapsed. The defendants denied the employment for the year, and claimed that it was from week to week. The testimony of the plaintiff suppported the contract as set up in the complaint, and it was strengthened by an entry made by him in the books of the defendants which came under the notice of one of them to the effect that he was hired at a stated salary for one ye'ar. The defendants and one other witness testified that the plaintiff was hired by the week. The case was submitted to the jury, and verdict rendered for the plaintiff. *Held,*that the verdict was supported by evidence sufficient if true to sustain it, and that there was no inherent improbability in it, also that when the defendant saw the entry in his book, his silence and failure to raise objection to its correctness was a tacit admission that it was right.

Appeal from judgment entered on a verdict rendered in fa-,. *52yor of plaintiff at tbe King’s County Circuit and from an order denying a motion for a new trial on the judge’s minutes.

*David Van,*for appl’ts ; *William L. Whiting,*for resp’t.

Dykman, J.

This is an action for the recovery of damages for a breach of a contract. The plaintiff claims that he was employed by the defendants as a book-keeper for one year from the twenty-third day of March, 1885, at a salary of twelve hundred dollars a year, and that he was wrongfully discharged in November of the same year.

The defendants denied the employment for a year, and claimed that the plaintiff was employed by the week.

The plaintiff testified to the contract, as he set it up in his complaint, and his testimony was strengthened by an entry which he made in the books of the defendant, and which came under the notice of'one of them, to the effect that he was hired as a-book-keeper, at twelve hundred dollars a year, and commenced Monday, March 23d, 1885.

The defendants and one witness besides, testified that the contract was not for a year, but that the plaintiff was hired by the week.

So the case went to the jury without any exception to the charge, and the plaintiff received the verdict, which is supported by evidence sufficient to sustain it if it was true, and we cannot say it is not. There is no inherent improbability in the testimony of the plaintiff, and when the defendant saw the entry in the book, his silence and failure to raise objections to its correctness, was a tacit admission that it was right.

The result of the trial is not very satisfactory, but we do not find sufficient to justify the interference of an appellate court, and the judgment should therefore be affirmed, with costs.

Barnard, P. J., and Pratt J., concur.
EXHIBIT 13.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of API Electronics Group Corp. (the Company) on Form 20-F for the fiscal year ended May 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Phillip DeZwirek, Chairman and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 for the period ended May 31, 2004 fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                       
|-----------------------------------------------------------------------
|                                                                       
|/s/ Phillip DeZwirek                                                   
|Phillip DeZwirek Chairman and Chief Executive Officer November 22, 2004
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 Hudson's Grill International, Inc., (the
"Company") on Form 10-QSB for the period ending September 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"),  I, David L. Osborn, the President of
Hudson's Grill International, Inc., certify that:

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

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

| | (Registrant)

HUDSON'S GRILL INTERNATIONAL,
INC.

By: s/s David L. Osborn

David L. Osborn, President

Date: November 15, 2005
| | ------------------------------------------------------------------------------------------------------------------------------

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.

f\sec\o01.051114
# C_2015130EN.01000102.xml

| 22.4.2015 | EN | Official Journal of the European Union | C 130/1 |
| --- | --- | --- | --- |

22.4.2015

EN

Official Journal of the European Union

C 130/1

---

Non-opposition to a notified concentration

(Case M.7478 — Aviva/Friends Life/Tenet)

(Text with EEA relevance)

(2015/C 130/02)

On 13 March 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7478. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7478. EUR-Lex is the online access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
Exhibit 32.1

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report of Capella Education Company (the Company) on Form 10-Q for the quarter ended September 30, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Kevin Gilligan, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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/ J. Kevin Gilligan  
|J. Kevin Gilligan      
|Chief Executive Officer
|October 27, 2009       
|                       

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

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.
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Calif Acquisition, Inc. (the"Company") on Form 10-QSB for the period ended September 30, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.

/s/Anthony N.DeMint                       

AnthonyN. DeMint

Presidentand Chief Accounting Officer

October27, 2003
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 Annual Report of IMPSAT Fiber Networks on Form 10-K for the year ending
December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ricardo A. Verdaguer, Chief Executive Officer of the registrant, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:

1. The Report fully
complies with the requirements of Section 13(a) or 15(d), as applicable, 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 result of operations of the registrant.

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the registrant and will be retained by the registrant and furnished to the Securities and
Exchange Commission or its staff upon request.

Date: April 9, 2007



/S/ RICARDO A. VERDAGUERRicardo A. VerdaguerPresident and Chief Executive Officer
**EXHIBIT 23.1**

 

**CONSENT OF KPMG LLP**

 

The Board of Directors 

Tumbleweed Communications Corp.: 

 

We consent to the incorporation by reference in the registration statements (Nos. 333-84683, 333-43194, 333-48636 333-49492, 333-61076,333-101018, and 333-103043) on Form S-8 of Tumbleweed Communications Corp. and subsidiaries of our report dated January 22, 2003, except as to Note 12(b), which is as of April 25, 2003, and Note 15, which is as of February 18, 2003, relating to theconsolidated balance sheets of Tumbleweed Communications Corp. and subsidiaries as of December 31, 2002 and 2001, and the related consolidated statements of operations, stockholders’ equity and comprehensive income (loss), and cash flows foreach of the years in the three-year period ended December 31, 2002, which report appears in the December 31, 2002 annual report on Form 10-K of Tumbleweed Communications Corp. 

 

/s/    KPMG LLP 

 

Mountain View, California 

June 4, 2003
# Fourth Court of Appeals San Antonio, Texas
November 4, 2016
No. 04

- 16

- 0035 1

- CV IN THE ESTATE OF JESUS N. NAVARRO III, DECEASED , From the Probate Court No 2, Bexar County, Texas

Trial Court No. 2015

- PC

- 1902 Honorable Tom Rickhoff, Judge Presiding



### O R D E R
On August 29, 2016 , this C ourt suspended the appellate deadlines in this case pending briefing on the issue whether this Court holds jurisdiction. This Court reviewed the parties’ briefs on the jurisdictional issue and determines this Court holds jurisdiction. The probate court’ s O rder Setting Apart Exempt Property Before Approval of Inventory disposed of all property listed in Appellant’s application filed pursuant to Texas Estates Code Section 353.051. Therefore, the order is final and appealable because it disposes of all parties or issues in a particular phase of the probate proceedings

. See In Re Estate of Ulbrich , 04

- 12

- 00514

- CV, 2014 WL 129599, at *8 (Tex. App.

— San Antonio Jan. 15, 2014, no pet.) (citing De A yala v. Mackie, 193 S.W.3d 575, 578 (Tex. 2006) )

. This Court has received the clerk’s record, supplemental clerk’s record s and reporter’s record

. It is therefore ORDERED that this appeal is reinstated on the docket of this court. Appellant ’s bri ef shall be filed within 30 days of the date of this order

.

_________________________________ Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of November, 2 016

.

___________________________________ Keith E. Hottle Clerk of Court
Exhibit
10.3


 


AMENDMENT
NO. 2 EMPLOYMENT AGREEMENT


 


This
Amendment to the Employment Agreement, (this “Amendment”) is made and entered into as of the 8th
day of October 2021 (the “Amendment Effective Date”), by and between ORBSAT CORP, a Nevada corporation (the “Corporation”),
and Theresa Carlise (the “Employee”).


 


RECITALS


 


WHEREAS,
the Corporation and Employee entered into an employment agreement dated June 22, 2021 (“Employment Agreement”); and


 


WHEREAS,
the Corporation and Employee entered into an amendment to employment agreement dated August 7, 2021 (“Amendment No. 1 Employment
Agreement”); and


 


WHEREAS,
the Corporation and Employee desire to enter into this Amendment No. 2 to modify certain terms of the Employment Agreement as more
fully set forth herein.


 


NOW,
THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 


 


(a)
Amendment. The first sentence of Section 3 of the Employment Agreement is hereby amended to read as follows:


 


“The
term of the Employee’s employment hereunder, unless sooner terminated as provided herein (the “Initial Term”), shall
be for a period of three (3) years commencing as of the effective date of this agreement.”


 


(b)
Entire Agreement. This Amendment shall be effective as of the Amendment Effective Date. Except as specifically modified
by this Amendment, the Employment Agreement remains in full force and effect. The Employment Agreement, as amended by this Amendment,
contains the entire agreement between the Corporation and Employee with respect to Employee’s employment, and supersedes any and
all previous agreements, written or oral, between the parties relating to the relevant matter.


 




    	 



     


    

 


IN
WITNESS WHEREOF, the parties hereto have executed, this Amendment as of the date first written above.


 


	 	ORBSAT
    CORP
	 	 
	 	By:	 /s/
    Charles M. Fernandez
	 	Name:	Charles
    M. Fernandez
	 	Title:	Chief
    Executive Officer
	 	 	 
	 	EMPLOYEE:
	 	 
	 	/s/ Theresa Carlise
	 	Theresa Carlise
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON A PPELLANT ’ S

M OTION FOR R EHEARING

Appellate case name: Refugio Ricon Hernandez v

. The State of Texas

Appellate case number: 01

- 15

- 00837

- CR

Trial court case number: 1386385

Trial court: 263rd District Court, Harris County, Texas

Date motion filed: April 20, 2017

T he motion for rehearing is DENIED

.

Judge’s signature: /s/ Michael M a ssengale

Justice Michael Massengale, acting for the panel

Panel consists of Justices Massengale, Brown, and Huddle

Date: May 25 , 2017
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

__________

No. 09-1057

__________

UNITED STATES OF AMERICA

v.

KORY BARHAM, a/k/a Cutty Blue, a/k/a Cuttlas Y. Blue

 Kory Barham, Appellant

__________

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(D.C. Criminal No. 1-05-cr-00443-010)

District Judge: The Honorable Yvette Kane

__________

Submitted Under Third Circuit LAR 34.1(a)

April 25, 2011

BEFORE: BARRY, HARDIMAN, and NYGAARD, Circuit Judges.

(Filed: June 29, 2011)

__________

OPINION OF THE COURT

__________

NYGAARD, Circuit Judge.

Kory Barham pleaded guilty to conspiracy to transport individuals for purposes of

prostitution, coercing and enticing them to travel to engage in prostitution, and interstate 
2

travel with intent to distribute proceeds of prostitution, in violation of 18 U.S.C. §§ 371, 

2421, 2422(a), and 1952(a). He also pleaded guilty to a specific count of interstate travel 

for purposes of prostitution in violation of 18 U.S.C. § 1952(a)(3) and (2). 

Quoting his brief, Barham raises the following questions on appeal:

1. Was appellant’s guideline range mistakenly calculated 

because it was based on the treatment of victims as minors?

2. Is remand within the Court’s discretion because the 

sentence was excessive?

Appellant’s Brief, p. 4. We will affirm. 

Barham asserts that the District Court mistakenly applied U.S. Sentencing 

Guidelines Manual § 2G1.3 (2007) because he did not personally victimize any minors. 

Barham failed to preserve this issue and we review it for plain error. United States v. 

Johnson, 302 F.3d 139, 153 (3d Cir. 2002). 1

 1 Barham moved for permission not to attend a presentence evidentiary hearing, plainly 

stating in the motion that he was withdrawing his objections to the Report. 

 Evidence before the District Court 

contradicts Barham’s argument, showing that he prostituted a seventeen year-old girl. He 

also ignores the relevance of conduct of his co-conspirators who prostituted over forty 

minors. Given Barham’s admitted interaction with his co-conspirators, and the routine 

recruitment of minors that was pervasive in the conspiracy, there is no question that this 

conduct is attributable to him. Moreover, Barham’s sentence of 108 months was 

calculated from the statutory maximums that resulted from his plea agreement. We 

conclude from all of this that the District Court did not err. 
3

Barham also appeals the substantive reasonableness of his sentence. Yet, in its 

consideration of Barham’s sentence, the District Court took into account the factors 

enumerated under 18 U.S.C. § 3553(a) and assessed the reasonableness of the plea 

bargain sentence, weighing his role in the conspiracy with the gravity of the offense. We 

conclude that his sentence of 108 months is eminently reasonable and will affirm the 

judgment of sentence of the District Court.
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mikel H. Williams, President and Chief Executive Officer of DDi Corp. (the Company) certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

1. The Quarterly Report on Form 10-Q of
the Company for the period ended March 31, 2010 (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 result
of operations of the Company for the period covered by the Report.



/s/ MIKEL H. WILLIAMSMikel H. WilliamsPresident and Chief Executive Officer


Date:
May 7, 2010
Exhibit 32.1

SOHU.COM 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 Sohu.com Inc. (the Company) on Form 10-Q for the period ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Charles Zhang, Chief Executive Officer
and Chairman of the Board of Directors of the Company, certify, pursuant to U.S.C. ss. 1350, as adopted pursuant to ss. 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 of the Company as of September 30, 2009 and results of operations of the Company for the
three months ended September 30, 2009.





/s/ Charles ZhangCharles Zhang, Chief Executive Officer and Chairman of the Board of DirectorsNovember 6, 2009
# C_2016153EN.01000501.xml

| 29.4.2016 | EN | Official Journal of the European Union | C 153/5 |
| --- | --- | --- | --- |

29.4.2016

EN

Official Journal of the European Union

C 153/5

---

Euro exchange rates (1)

1

28 April 2016

(2016/C 153/04)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1358 |
| JPY | Japanese yen | 122,84 |
| DKK | Danish krone | 7,4432 |
| GBP | Pound sterling | 0,77838 |
| SEK | Swedish krona | 9,1763 |
| CHF | Swiss franc | 1,0974 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2460 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,045 |
| HUF | Hungarian forint | 310,70 |
| PLN | Polish zloty | 4,3880 |
| RON | Romanian leu | 4,4723 |
| TRY | Turkish lira | 3,1963 |
| AUD | Australian dollar | 1,4906 |
| CAD | Canadian dollar | 1,4262 |
| HKD | Hong Kong dollar | 8,8111 |
| NZD | New Zealand dollar | 1,6287 |
| SGD | Singapore dollar | 1,5273 |
| KRW | South Korean won | 1 295,54 |
| ZAR | South African rand | 16,3328 |
| CNY | Chinese yuan renminbi | 7,3562 |
| HRK | Croatian kuna | 7,4800 |
| IDR | Indonesian rupiah | 14 977,23 |
| MYR | Malaysian ringgit | 4,4251 |
| PHP | Philippine peso | 53,309 |
| RUB | Russian rouble | 73,5195 |
| THB | Thai baht | 39,804 |
| BRL | Brazilian real | 3,9907 |
| MXN | Mexican peso | 19,6713 |
| INR | Indian rupee | 75,5310 |

Currency

Exchange rate

USD

US dollar

1,1358

JPY

Japanese yen

122,84

DKK

Danish krone

7,4432

GBP

Pound sterling

0,77838

SEK

Swedish krona

9,1763

CHF

Swiss franc

1,0974

ISK

Iceland króna

NOK

Norwegian krone

9,2460

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,045

HUF

Hungarian forint

310,70

PLN

Polish zloty

4,3880

RON

Romanian leu

4,4723

TRY

Turkish lira

3,1963

AUD

Australian dollar

1,4906

CAD

Canadian dollar

1,4262

HKD

Hong Kong dollar

8,8111

NZD

New Zealand dollar

1,6287

SGD

Singapore dollar

1,5273

KRW

South Korean won

1 295,54

ZAR

South African rand

16,3328

CNY

Chinese yuan renminbi

7,3562

HRK

Croatian kuna

7,4800

IDR

Indonesian rupiah

14 977,23

MYR

Malaysian ringgit

4,4251

PHP

Philippine peso

53,309

RUB

Russian rouble

73,5195

THB

Thai baht

39,804

BRL

Brazilian real

3,9907

MXN

Mexican peso

19,6713

INR

Indian rupee

75,5310

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---