alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### In the Matter of Joseph Ostaseski, Jr., Appellant, v Board of Trustees of the Incorporated Village of Centre Island et al., Respondents.

In an action, *inter alia,*for a judgment declaring Local Laws, 1983, No. 1 of Incorporated Village of Centre Island invalid, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Wager, J.), entered October 23, 1983, as amended by order dated December 19, 1983, which, upon the motion of the village defendants for a judgment during trial pursuant to CPLR 4401, declared that the village defendants enacted the law “after due deliberation and investigation to accomplish a lawful legislative purpose and in so doing acted in good faith, reasonably and not arbitrarily or capriciously”.

Judgment, as amended, affirmed, with costs.

The evidence establishes that Special Term correctly determined that there was no basis for the claim that the enactment of the local law was in any respect improper. Mangano, J. P., Gibbons, Bracken and Niehoff, JJ., concur.
Tommie H. TELFAIR, petitioner, v. UNITED STATES.

No. 12-10747.

Supreme Court of the United States

Dec. 9, 2013.

Petition for rehearing denied.
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 on Form 10-K of China Armco Metals, Inc. (the
“Company”) for the year ended December 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Kexuan Yao,
Chairman, President and Chief Executive Officer of the Company, and I, Fengtao
Wen, 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 to the best of our knowledge:





(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.







CHINA
      ARMCO METALS, INC.March
      27, 2009
            By:
            /s/ Kexuan
      YaoKexuan
      YaoChairman,
      President and Chief Executive Officer(Principal
      Executive Officer)





March
      27, 2009
            By:
            /s/ Fengtao
      WenFengtao
      WenChief
      Financial Officer(Principal
      Financial and Accounting Officer)







This
certification accompanies this Annual Report on Form 10-K pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by such Act, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the
“Exchange Act”). Such certification will 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.
EXHIBIT
32.1





Certification
of Principal Executive Officer


Pursuant
to 18 U.S.C. Section 1350 as Adopted Pursuant to


Section 906
of the Sarbanes-Oxley Act of 2002





I, C.
Troy Woodbury, Jr., the Chief Executive Officer of Wegener Corporation (the
“Company”), in compliance with 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, to the best
of my knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter
ended May 28, 2010 (the “Report”) filed with the Securities and Exchange
Commission:




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





•
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





/s/
      C. Troy Woodbury, Jr.Name:
              C.
      Troy Woodbury, Jr.Title:
              President
      and Chief Executive Officer(Principal
      Executive Officer)Date:
              July
      12, 2010
I 

109TH CONGRESS 

1ST SESSION H. R. 2013 

To amend the Internal Revenue Code of 1986 to provide an exemption 

from the air transportation tax for certain transportation by seaplanes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mr. REICHERT (for himself and Mr. INSLEE) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

an exemption from the air transportation tax for certain 

transportation by seaplanes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXEMPTION FROM AIR TRANSPORTATION TAX 

4 FOR CERTAIN SEAPLANES. 

5 (a) IN GENERAL.—Section 4261 of the Internal Rev6 enue Code of 1986 (relating to imposition of tax) is 

7 amended by redesignating subsection (i) as subsection (j) 

8 and by inserting after subsection (h) the following new 

9 subsection: 
2 

•HR 2013 IH 

1 ‘‘(i) EXEMPTION FOR SEAPLANES.—No tax shall be 

2 imposed under this section or section 4271 on any air 

3 transportation by a seaplane with respect to any segment 

4 consisting of a takeoff from, and a landing on, water 

5 which is not part of an airport which receives or has re6 ceived financial assistance from the Airport and Airway 

7 Trust Fund.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to amounts paid after the date of 

10 the enactment of this Act. 

Æ
**NUMBER 13-13-00697-CV**

**COURT OF APPEALS**

**THIRTEENTH DISTRICT OF TEXAS**

**CORPUS CHRISTI - EDINBURG**

****

**IN RE FIRST MERCURY INSURANCE COMPANY**

****

**On Petition for Writ of Mandamus.**

****

**ORDER**

**Before Justices Rodriguez, Garza, and Perkes**

**Per Curiam Order**

Relator, First Mercury Insurance Company, filed a petition for writ of mandamus in the above cause on December 13, 2013, requesting that we compel the trial court to vacate its order denying First Mercury’s plea to the jurisdiction and to issue an order granting the plea.  Currently before the Court is First Mercury’s “Motion to Stay Trial Court Proceedings During Pendency of Mandamus.”  The motion is unopposed.  The motion to stay is GRANTED, and the trial court proceedings are ordered STAYED pending further order of this Court, or until the case is finally decided.  *See* TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”).  

IT IS SO ORDERED.		

									PER CURIAM

Delivered and filed the 10th

day of January, 2014.

2

# image1.wmf
Michael GUIBILO, petitioner, v. UNITED STATES.

No. 13-6836.

Supreme Court of the United States

Nov. 18, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Justice KAGAN took no part in the consideration or decision of this petition.
# L_2008060EN.01003101.xml

| 5.3.2008 | EN | Official Journal of the European Union | L 60/31 |
| --- | --- | --- | --- |

5.3.2008

EN

Official Journal of the European Union

L 60/31

---

COUNCIL DECISION

of 18 February 2008

on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services

(2008/197/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | On 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. |
| --- | --- |

(1)

On 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

| (2) | The Commission has negotiated, on behalf of the Community, an Agreement with the Republic of Paraguay on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. |
| --- | --- |

(2)

The Commission has negotiated, on behalf of the Community, an Agreement with the Republic of Paraguay on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

| (3) | The Agreement was signed on behalf of the European Community subject to its possible conclusion at a later date, in accordance with Council Decision 2007/323/EC (1). |
| --- | --- |

(3)

The Agreement was signed on behalf of the European Community subject to its possible conclusion at a later date, in accordance with Council Decision 2007/323/EC (1).

| (4) | The Agreement should be approved, |
| --- | --- |

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Republic of Paraguay on certain aspects of air services is hereby approved on behalf of the Community.

Article 2

The President of the Council is authorised to designate the person empowered to make the notification provided for in Article 8(1) of the Agreement.

Done at Brussels, 18 February 2008.

For the Council

The President

D. RUPEL

---

(1)  
  OJ L 122, 11.5.2007, p. 30.

1

---
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

v. ) CAUSE NO.: 2:15-CR-72-PPS-APR

 )

RODOLFO CARLOS FLORES a/k/a “BIG HEAD”, )

Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON PLEA OF GUILTY BY DEFENDANT RODOLFO CARLOS FLORES

TO: THE HONORABLE PHILIP P. SIMON,

UNITED STATES DISTRICT COURT

Upon Defendant Rodolfo Carlos Flores’s request to enter a plea of guilty pursuant to Rule 11

of the Federal Rules of Criminal Procedure, this matter came for hearing before Magistrate Judge Paul

R. Cherry, on April 27, 2016, with the consent of Defendant Rodolfo Carlos Flores, counsel for

Defendant Rodolfo Carlos Flores, and counsel for the United States of America.

The hearing on Defendant Rodolfo Carlos Flores’s plea of guilty was in full compliance with

Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge in open court and on the

record.

In consideration of that hearing and the statements made by Defendant Rodolfo Carlos Flores

under oath on the record and in the presence of counsel, the remarks of the Assistant United States

Attorney and of counsel for Defendant Rodolfo Carlos Flores,

I FIND as follows:

(1) that Defendant Rodolfo Carlos Flores understands the nature of the charge against him to

which the plea is offered;

(2) that Defendant Rodolfo Carlos Flores understands his right to trial by jury, to persist in his

plea of not guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses,
and his right against compelled self-incrimination;

(3) that Defendant Rodolfo Carlos Flores understands what the maximum possible sentence is,

including the effect of the supervised release term, and Defendant Rodolfo Carlos Flores understands

that the sentencing guidelines apply and that the Court may depart from those guidelines under some

circumstances;

(4) that the plea of guilty by Defendant Rodolfo Carlos Flores has been knowingly and

voluntarily made and is not the result of force or threats or of promises;

(5) that Defendant Rodolfo Carlos Flores is competent to plead guilty;

(6) that Defendant Rodolfo Carlos Flores understands that his answers may later be used against

him in a prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant Rodolfo Carlos Flores’s plea; and further,

I RECOMMEND that the Court accept Rodolfo Carlos Flores’s plea of guilty to the offense

charged in Count 1 of the Superseding Indictment and that Defendant Rodolfo Carlos Flores be

adjudged guilty of the offense charged in Count 1 of the Superseding Indictment and have sentence

imposed. A Presentence Report has been ordered. Should this Report and Recommendation be accepted

and Rodolfo Carlos Flores be adjudged guilty, a sentencing date before Judge Philip P. Simon will be

set by separate order. Objections to the Findings and Recommendation are waived unless filed and

served within fourteen (14) days. 28 U.S.C. § 636(b)(1).

So ORDERED this 27th day of April, 2016.

s/ Paul R. Cherry 

MAGISTRATE JUDGE PAUL R. CHERRY

UNITED STATES DISTRICT COURT

2
#### PEOPLE ex rel. ECKERSON et al. v. ZUNDEL et al. (four cases).

(Supreme Court, Appellate Division, Second Department.

January 17, 1899.)

Proceeding by the people of the state of New York, on the relation of J. Esler Eckerson and others, against Charles H. Zundel and others, assessors and etc.

No opinion. Motion to resettle order denied, and' order directed to stand as originally signed. No costs to either party. See 55 N. Y. Supp. 1145.
COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Judge Elder and Senior Judge Cole Argued at Richmond, Virginia

ANTHONY MONTREY WOOTEN, S/K/A ANTOINE M. WOOTEN

v. Record No. 2424-93-2 MEMORANDUM OPINION * BY CHIEF JUDGE NORMAN K. MOON COMMONWEALTH OF VIRGINIA JUNE 13, 1995

FROM THE CIRCUIT COURT OF HENRICO COUNTY George F. Tidey, Judge John M. Wright, Jr. (Downs & Wright, on brief), for appellant. Margaret Ann B. Walker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Anthony Montrey Wooten appeals his convictions of robbery and use of a firearm in the commission of a robbery. On appeal, Wooten contends that the indictment charging him with robbery of "U.S. currency" was fatally defective because the evidence indicated that the only item taken from the victim was a jacket. Wooten also challenges the sufficiency of the Commonwealth's

evidence to convict him. Because Wooten did not raise these issues before the trial court, he is barred from now raising them on appeal. Accordingly, we affirm his convictions. "Rule 5A:18 and its companion Rule 5:25 are strictly enforced. . . . [And], [s]pecifically the Supreme Court has held that a challenge to the sufficiency of the Commonwealth's

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.- 2 - evidence is waived if not raised with some specificity in the

trial court." Mounce v. Commonwealth , 4 Va. App. 433, 435, 357 S.E.2d 742, 744 (1987). Only where a miscarriage of justice has clearly occurred do "the ends of justice" require this Court to consider an issue for the first time on appeal. Id. And "the `ends of justice' provision may be used when the record affirmatively shows that a miscarriage of justice has occurred, not when it merely shows that a miscarriage might have occurred."

Id. at 436, 357 S.E.2d at 744. Assuming, but not deciding, that the evidence did not prove robbery of currency as alleged in the indictments and, therefore, that the indictments were fatally defective, Rule 5A:18 bars our consideration of this argument on appeal. The evidence supported the defendant's conviction of robbery of the victim's jacket. The record does not reveal whether the jacket contained a wallet or loose currency. Nonetheless, the defendant failed at any time during the trial to raise this issue. Because we are unable to say upon this record that the jacket taken from the victim could not have contained money, we cannot hold that the "evidence clearly demonstrated that [Wooten] could not have been guilty and a miscarriage of justice surely ha[s] occurred." Id. For the above-stated reason, neither will we consider

Wooten's contention that the evidence was insufficient to sustain his convictions, regardless of the indictment's alleged flaw.

Affirmed.
I 

109TH CONGRESS 

1ST SESSION H. R. 2023 

To suspend temporarily the duty on Dinotefuran. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mrs. TAUSCHER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Dinotefuran. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DINOTEFURAN. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.06.22 N-Methyl-N′-nitro-N′′ 

-[(tetrahydro-3- 

furany)methyl]guanidine 

(CAS No. 165252–70–0) 

(provided for in subheading 

2932.19.50) ......................... Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 2023 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ
# L_2008215EN.01000401.xml

| 12.8.2008 | EN | Official Journal of the European Union | L 215/4 |
| --- | --- | --- | --- |

12.8.2008

EN

Official Journal of the European Union

L 215/4

---

COUNCIL DECISION

of 24 July 2008

appointing two Italian alternate members of the Committee of the Regions

(2008/658/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Italian Government,

Whereas:

| (1) | On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | One alternate member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Roberto COSOLINI. One alternate member’s seat becomes vacant following the change of mandate of Mr Franco IACOP, |
| --- | --- |

(2)

One alternate member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Roberto COSOLINI. One alternate member’s seat becomes vacant following the change of mandate of Mr Franco IACOP,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions as alternate members for the remainder of the current term of office, which runs until 25 January 2010:

| — | Mr Renzo TONDO, Presidente della Regione Friuli Venezia Giulia, |
| --- | --- |

—

Mr Renzo TONDO, Presidente della Regione Friuli Venezia Giulia,

| — | Mr Franco IACOP, Consigliere della Regione Friuli Venezia Giulia (change of mandate). |
| --- | --- |

—

Mr Franco IACOP, Consigliere della Regione Friuli Venezia Giulia (change of mandate).

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 24 July 2008.

For the Council

The President

B. HORTEFEUX

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
**EXHIBIT
      32.1**


**CERTIFICATIONS
      OF**


**THE
      PRINCIPAL EXECUTIVE OFFICER AND THE PRINCIPAL FINANCIAL OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned, Xiao Ping Zhang, Chief Executive Officer of SORL AUTO PARTS, INC.,
      and Zong Yun Zhou, Chief Financial Officer of SORL AUTO PARTS, INC., certify,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that the Quarterly Report of SORL AUTO PARTS, INC.
      on Form 10-Q for the fiscal quarter ended September 30, 2008 fully complies
      with
      the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934 and that information contained in such Quarterly Report on Form 10-Q fairly
      presents in all material respects the financial condition and results of
      operations of SORL AUTO PARTS, INC.





Dated:
                November 12, 2008/s/
                Xiao Ping ZhangXiao
                Ping Zhang
              Chief
                Executive Officer/s/
                Zong Yun ZhouZong
                Yun ZhouChief
                Financial Officer