alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The State *vs.*John Spenlove and Collins.

Tried before his Honor Judge Bay, Charleston, October Term, 1836,

*Larceny.*— Paul Renley, the prosecutor, stated that he had lost from his plantation a goat and two kids, and from information received, they were in the possession of Collins, one of the defendants. That he took out a search warrant, and went to the house of Collins, one of the defendants, and found in his possession two Rids, which he identified as his. That Mrs. Collins said that a sailor had made them a present to her. Upon Collins coming in, he stated that he had purchased them from this sailor, for his wife. That upon going out of the house of Collins, they met Spenlove, who gave a different account from the one Collins gave. That Spenlove stated, that he, with several persons, went over the river in a boat, and that a sailor, one of the persons in company, borrowed two dollars, and purchased the kids from a negro. That Collins was not m the boat. The prosecutor said since Spenlove was in jail, he offered to release him, if he would give up the old goat. That Spenlove *tated he had not the old goat, and knew nothing about it.

Wood, sworn, stated in substance same as prosecutor.

Witness called for defendants, stated that Collins was not in the *270boat on the day the persons went over the river ; that he was pro-sent when the sailor gave the kids to Mrs. Collins.

His honor charged, that property found in the possession of one, is presumptive evidence of larceny ; but, if properly accounted for, will rebut that presumption. And that in relation to Spenlove, if you take his account of the matter, (and there is evidence of no other,) he should be acquitted.

The jury acquitted Collins, and found Spenlove guilty.

The counsel for the defendant appeals for a new trial, in the case of Spenlove, upon the ground, that his confession did not make out a case oí larceny ; and that the verdict was contrary to law and evidence.

The above foregoing statement of the case, appears to me to be a correct one. E. H. BAY.

Seymour, for motion.

Attorney General, contra.

Filed 14th Feb. *1837.*

Mr. Justice O’Neall

delivered the opinion of the court.

We are of opinion, that there is no evidence of the guilt of the prisoner. The only suspicious circumstance against him is, that he gave an account of the acquisition of the kids by a sailor, which may not be true. But there is no evidence that he ever had possession} .or in any way concerned in depriving the owner of them.

The motion for a new trial is granted.

JOHN B. O’NEALL.

We concur,

RICHARD GANTT,

JOSIAH J. EVANS.

J. S. RICHARDSON,
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 23-40028 

____________ 

Vinicio J. Garcia, 

Plaintiff—Appellant, 

versus

Bobby Lumpkin; Warden Townsend; Warden Marshall, 

Defendants—Appellees. 

______________________________ 

Appeal from the United States District Court 

for the Eastern District of Texas 

USDC No. 6:22-CV-67 

______________________________ 

Before Jones, Higginson, and Ho, Circuit Judges.

Per Curiam:*

Vinicio J. Garcia, Texas prisoner # 1828198, filed a 42 U.S.C. § 1983 

action, arguing that his constitutional rights were violated when he was 

transferred to an unsanitary cell. He included additional allegations 

concerning the cell conditions and argued, inter alia, that he was deprived of 

certain property. 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

Case: 23-40028 Document: 00516943221 Page: 1 Date Filed: 10/24/2023
No. 23-40028 

2 

The district court dismissed Garcia’s complaint for failure to state a 

claim upon which relief may be granted, pursuant to 28 U.S.C. 

§§ 1915A(b)(1) and 1915(e)(2)(B)(ii), and denied Garcia leave to proceed in 

forma pauperis (IFP) on appeal. Garcia now moves this court for leave to 

proceed IFP on appeal. 

By seeking leave to proceed IFP, Garcia is challenging the district 

court’s certification that his appeal is not taken in good faith. See Baugh v. 

Taylor, 117 F.3d 197, 202 (5th Cir. 1997). To obtain IFP status, Garcia must 

demonstrate financial eligibility and a nonfrivolous appellate issue. See 

Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Garcia has demonstrated 

his financial eligibility, see id., but he has not shown an appellate issue 

concerning the district court’s dismissal of his complaint that is likely to 

prevail. See Woods v. Edwards, 51 F.3d 577, 581 (5th Cir. 1995). 

Although Garcia has alleged deeply unpleasant conditions, his appeal 

does not provide sufficient facts or allegations that would permit him to 

overcome the legal insufficiencies, outlined in the magistrate judge’s 

recommendation and the district court’s opinion, of his 1st Amendment, 8th 

Amendment, and other claims. These insufficiencies include, among others, 

the failure to demonstrate the subjective requirement of prison officials’ 

deliberate indifference to his health and safety, acknowledged postdeprivation remedies and intervening transfer to a different facility that 

moots certain claims, and the absence of descriptions of injuries tracing to 

the conditions of which he complained. Likewise, Garcia’s requests for video 

preservation of the alleged prison conditions and his generalized allegations 

that rodents might carry hantavirus similarly do not alter the conclusions 

under the law as it stands today. 

Case: 23-40028 Document: 00516943221 Page: 2 Date Filed: 10/24/2023
No. 23-40028 

3 

Accordingly, we DENY the motion to proceed IFP on appeal. Should 

Garcia wish to proceed, he must pay the requisite filing fee. See Baugh, 117 

F.3d at 202. 

Case: 23-40028 Document: 00516943221 Page: 3 Date Filed: 10/24/2023
Exhibit 21.1



Corporate Subsidiaries of Open Text Corporation as at June 30, 2004



|                                          |  |             
|----------------------------------------- |  | ------------
|Corporation Name                          |  | Jurisdiction
|Open Text Pty Ltd.                        |  | Australia   
|SER Solutions Software GmbH               |  | Austria     
|iNVOLV International Corporation          |  | Barbados    
|2015603 Ontario Ltd                       |  | Canada      
|2016090 Ontario Inc.                      |  | Canada      
|2016091 Ontario Inc.                      |  | Canada      
|2034229 Ontario Inc.                      |  | Canada      
|2030928 Ontario Ltd.                      |  | Canada      
|b2bScene Inc.                             |  | Canada      
|Bitflash Inc.                             |  | Canada      
|Brokercom Inc.                            |  | Canada      
|Corechange Canada Inc.                    |  | Canada      
|iNVOLV Corporation                        |  | Canada      
|Open Text Acquisition Corp.               |  | Canada      
|Open Text EDC Solutions Ltd.              |  | Canada      
|Open Text Search Ltd.                     |  | Canada      
|Open Text Corporation SARL                |  | France      
|Corechange GmbH                           |  | Germany     
|Gauss Interprise AG                       |  | Germany     
|IXOS Software AG                          |  | Germany     
|Open Text GmbH                            |  | Germany     
|SER eGovernment Deutschland GmbH          |  | Germany     
|Centrinity Ltd.                           |  | Ireland     
|Corechange Korea Ltd.                     |  | Korea       
|Open Text Mexico S.de RL de CV            |  | Mexico      
|Corechange BV                             |  | Netherlands 
|Open Text International BV                |  | Netherlands 
|Corechange Svenska AB                     |  | Sweden      
|Open Text AB                              |  | Sweden      
|Open Text AG                              |  | Switzerland 
|Centrinity UK Ltd.                        |  | UK          
|Corechange Ltd.                           |  | UK          
|Open Text UK Ltd.                         |  | UK          
|Bluebird Systems Inc.                     |  | USA         
|Corechange Inc.                           |  | USA         
|Information Dimensions International Corp |  | USA         
|iNVOLV Inc.                               |  | USA         
|Open Text Inc.                            |  | USA         
|Open Text Eloquent Inc.                   |  | USA
EXHIBIT 10.31



September 1, 2003



Malcolm Thompson

c/o Photon Dynamics, Inc.

17 Great Oaks Boulevard

San Jose, CA 95119



Dear Malcolm:



This letter confirms our agreement to modify the amount of consulting fees payable to you by the Company pursuant to that certain Consulting
Agreement dated [August 19], 2003, by and between Photon Dynamics, Inc. and you (the Consulting Agreement). The first sentence of Section 3 of the Consulting Agreement is hereby amended and restated in its entirety as follows: The
Company will pay you as consulting fees $2,000 for the equivalent of each day of consulting services rendered during the Consulting Period (Consulting Fees). This amendment shall be effective as of September 1, 2003.



All other provisions of the Consulting Agreement shall remain in full force and effect and
unmodified by this amendment. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Consulting Agreement.



Sincerely,



|PHOTON DYNAMICS, INC. 
|----------------------
|                      
|Signature:            
|                      
|Print Name:           
|                      
|Title:                
|                      
|ACCEPTED AND AGREED:  
|                      
|/s/ Malcolm J Thompson
|MALCOLM THOMPSON
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 Malacology, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on August 14, 2003 (the "Report"), I, Vivek
R. Rao, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 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 and result of
                  operations of the Company.



/s/ Vivek R. Rao
------------------------------
Vivek R. Rao
Chief Executive Officer and
Chief Financial Officer
August 14, 2003


A signed original of this certification 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.
(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 operation of the
Registrant.
  By
    /s/ Peter J. YoungerPeter J. Younger,President and Chief Executive Officer of
Cronos Capital Corp.,
General Partner of the Registrant/s/ Frank P. VaughanFrank P. Vaughan,Chief Financial Officer of Cronos Capital Corp,.
General Partner of the Registrant  
 *
    
    This certification, required by Section 906 of the Sarbanes-Oxley Act of 2002, other than as
required by Section 906, shall not be deemed to be filed with the Commission or subject to
the rules and regulations promulgated by the Commission under the Securities Exchange Act of
1934, as amended, or to the liabilities of Section 18 of said Act.
EXHIBIT 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
       (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information relating
to the registrant, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is being prepared;
 (b)
    
    Designed such internal control over financial reporting, or caused such internal control over
financial reporting to be designed under our supervision, to provide reasonable assurance
regarding the reliability of financial reporting and the preparation of financial statements
for external purposes in accordance with generally accepted accounting principles;
 (c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and
 (d)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonable likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and
 (b)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
 Date: May 13, 2011
    /s/ Ronald B. GeibRonald B. GeibChief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         DEC-31-2000
<PERIOD-START>                            JAN-01-2000
<PERIOD-END>                              SEP-30-2000
<CASH>                                         51,332
<SECURITIES>                                        0
<RECEIVABLES>                                   9,304
<ALLOWANCES>                                       42
<INVENTORY>                                         0
<CURRENT-ASSETS>                               63,999
<PP&E>                                          2,071
<DEPRECIATION>                                    462
<TOTAL-ASSETS>                                 67,118
<CURRENT-LIABILITIES>                          10,827
<BONDS>                                           387
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                           38
<OTHER-SE>                                     55,829
<TOTAL-LIABILITY-AND-EQUITY>                   67,118
<SALES>                                             0
<TOTAL-REVENUES>                               22,249
<CGS>                                               0
<TOTAL-COSTS>                                   6,976
<OTHER-EXPENSES>                               21,314
<LOSS-PROVISION>                                 (12)
<INTEREST-EXPENSE>                                 32
<INCOME-PRETAX>                               (5,234)
<INCOME-TAX>                                  (1,523)
<INCOME-CONTINUING>                           (3,711)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  (3,711)
<EPS-BASIC>                                    (0.42)
<EPS-DILUTED>                                  (0.42)


</TABLE>
<PAGE>   1









                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


     We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-428) of GT Interactive Software Corp. of our report dated May
10, 1996, with respect to the combined financial statements of Wizardworks
Group, Inc. as of March 31, 1996 and 1995 and the related combined statements
of income and retained earnings and cash flows for each of the three years in
the period ended March 31, 1996.



                                                  ERNST & YOUNG LLP



Minneapolis, Minnesota
March 28, 1997
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3685 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3685

  To require the Secretary of Veterans Affairs to include on the main 
 page of the Internet website of the Department of Veterans Affairs a 
  hyperlink to the VetSuccess Internet website and to publicize such 
                           Internet website.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2009

 Mr. Stearns introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To require the Secretary of Veterans Affairs to include on the main 
 page of the Internet website of the Department of Veterans Affairs a 
  hyperlink to the VetSuccess Internet website and to publicize such 
                           Internet website.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROMOTION OF THE VETSUCCESS INTERNET WEBSITE.

    (a) Inclusion of Hyperlink.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs shall 
include on the main page of the Internet website of the Department of 
Veterans Affairs a new hyperlink with a drop-down menu entitled 
``Veterans Employment''. The drop-down menu shall include a direct 
hyperlink to the VetSuccess Internet website, the USA Jobs Internet 
website, the Job Central website, and any other appropriate employment 
Internet websites, as determined by the Secretary, especially such 
websites that focus on jobs for veterans.
    (b) Advertisement of Internet Website.--Subject to the availability 
of appropriations for such purpose, the Secretary of Veterans Affairs 
shall, in accordance with section 532 of title 38, United States Code, 
purchase advertising in national media outlets for the purpose of 
promoting awareness of the VetSuccess Internet website to veterans.
    (c) Outreach to Veterans of Operation Iraqi Freedom and Operation 
Enduring Freedom.--The Secretary of Veterans Affairs shall conduct 
outreach to veterans of Operation Iraqi Freedom and Operation Enduring 
Freedom to inform such veterans of the VetSuccess Internet website.
    (d) VetSuccess Internet Website Defined.--In this section, the term 
``VetSuccess Internet website'' means www.vetsuccess.gov or any 
successor Internet website maintained by the Department of Veterans 
Affairs.
                                 <all>
```
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Spear & Jackson, Inc. on Form 10-Q
for the quarter ended March 31, 2004, as filed with the Securities and Exchange
Commission on the date hereof, I, John Harrington, the Chairman of the Company,
certify, pursuant to and for the purposes of 18 U.S.C. Section 1350, as adopted
pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, that:

1.    I have reviewed this quarterly report on Form 10-Q of Spear & Jackson,
      Inc.;

2.    Based on my knowledge, this quarterly report does not contain any untrue
      statement of a material fact or omit to state a material fact necessary to
      make the statements made, in light of the circumstances under which such
      statements were made, not misleading with respect to the period covered by
      this quarterly report;

3.    Based on my knowledge, the financial statements and other financial
      information included in this quarterly report, fairly present in all
      material respects the financial condition, results of operations and cash
      flows of the registrant as of, and for, the periods presented in this
      quarterly report;

4.    The registrant's other certifying officer and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act rules 13a-14 and 15d-14) for the registrant and
      have:

      a)   designed such disclosure controls and procedures to ensure that
           material information relating to the registrant, including its
           consolidated subsidiaries is made known to us by others within those
           entities, particularly during the period in which this quarterly
           report is being prepared;

      b)   evaluated the effectiveness of the registrant's disclosure controls
           and procedures as of a date within 90 days prior to the filing date
           of this quarterly report (the "Evaluation Date"); and

      c)   presented in this quarterly report our conclusions about the
           effectiveness of the disclosure controls and procedures based on our
           evaluation as of the Evaluation Date;

5.    The registrant's other certifying officer and I have disclosed, based on
      our most recent evaluation, to the registrant's auditors and the audit
      committee of the registrant's board of directors (or persons performing
      the equivalent function):

      a)   all significant deficiencies in the design or operation of internal
           controls which could adversely affect the registrant's ability to
           record, process, summarise and report financial data and have
           identified for the registrant's auditors and material weakness in
           internal controls; and

      b)   any fraud, whether or not material, that involves management or other
           employees who have a significant role in the registrant's internal
           controls;

/s/ John Harrington
----------------

John Harrington
Chairman

Date: May 21, 2004
Peter A. Bleasby Director Industry Relations & Standards 

### HY1RON SAF-T-COTL POWER-SAVER' P.O. Box 850 Mr. Sterling, Kentucky 40353-0850
Research & Development Ronald O

. Daubach ne-ring Manager & Measurements 

### Research & Development OSRAM SYLVANIA INC. Dennis P. Duzyk Tel 606-498-0526 OSRAM S` -Vr 

### oratory 100 Endicott Street Marketing Manager Fax 606-498-0528 100 Endir,0 S; let 

### Danvers, MA 01923 Toll Free 800-264-0526 Danvers, MA C 923 Telephone (508) 750-2613 Teleohone (SC , 750-2354 

### Fax (508) 750-2083 _ rAn^ -^n_OnRf} 

### Internet:daubach@hq,sylvania.com

E UCTS

Research & Development pager ... 

### KENNETH Technical Relations CSF SY.. 'A INC. 

### H. CARR CONTROLLER 1 1 .c Street Danv e,s, -

' -3

-' Philips Lighting Compan Telep (. 50-2354 y 1560 Lisbon Road Fax(508)75C-2 30 Lewiston, Maine 04240 207-784-3591 114 POPLAR STREET • MEADVILLE, PA 16335 • 814/336-4468 FAX 207-786-8924 FAX#8141337-3128

9 Law Drive: Fe JC

201-808-1800, Ext. 5870
Fax:201-808-6633 3091 South University Drive 

### ND 58103 General Office (701) 293-7383

Fax (701) 232-8032



### U.S. Department of Commerce National Institute of Standards and Technology



## read

, --ti------ ,, .a Project Leader, Lighting Group Room A313, Building 226 Building and Fire Research Laboratory National Institute of Standards and Technology Gaithersburg, MD 20899 

### ROBERT C. SORENSEN President & CEO 708-389-8000 FAX 708-371-0627 1-800-860-3392 

## 23rd Street a Alsip, ' TOOL

TEL 301 504-0508

x1341 FAX 301 504-0124



## NICHOLAS MOGAN SENIOR ELECTRICAL ENGINEER DIRECTORATE OF ENGINEERING SCIENCES Phone (301) 975-6444 Fax (301) 975-4032 

### U.S. CONSUMER PRODUCT SAFETY COMMISSION WASHINGTON, D.C. 20207