alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STEINHARDT et al., Respondents, v. TURK, Appellant.

(City Court of New York,

General Term.

November 2, 1896.)

Action by Louis Steinhardt and others against Herman Turk.

Goldfogle & Cohn, for appellant.

S. Venino, for respondents.

FITZSIMONS, J.

The attachment granted herein upon its face shows that it was issued for the _ reason that it appears that defendant has assigned and transferred his property with intent to defraud his creditors. Such an attachment cannot stand, for the reason that it fails to state the ground upon which it was issued. See Hale v. Prote, 75 Hun, 13, 26 N. Y. Supp. 950, and Johnson v. Buckel, 65 Hun, 601, 20 N. Y. Supp. 566. The motion to vacate said attachment should have been granted. Order appealed from reversed, and the warrant of attachment herein vacated with costs to appellant.

VAN WYCK, C. J.

I concur in the result that the warrant of attachment should be vacated with $10 costs, and that order be reversed, with costs.
# C_2021065EN.01000301.xml

| 25.2.2021 | EN | Official Journal of the European Union | C 65/3 |
| --- | --- | --- | --- |

25.2.2021

EN

Official Journal of the European Union

C 65/3

---

Non-opposition to a notified concentration

(Case M.10115 — PAI Partners/Apleona Group)

(Text with EEA relevance)

(2021/C 65/03)

On 19 February 2021, 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 and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | 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 32021M10115. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10115. EUR-Lex is the online access to European law.

---

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

---
#### The People of the State of New York, Respondent, v Jose Berberena, Appellant.

Two eyewitnesses identified the defendant as the man who fired three gunshots in the direction of Willie Montez. Viewing the evidence in the light most favorable to the prosecution, as we must, we find that the evidence is sufficient to support the verdict *(see, Jackson v Virginia,*443 US 307; *People v Contes,*60 NY2d 620; *see also, People v Malizia,*62 NY2d 755, *cert denied*469 US 932). Moreover, the defendant’s contention that the jury’s verdict of acquittal on the first count of the indictment, charging him with attempted murder in the second degree, was repugnant to a finding of guilt of attempted assault, is unpreserved for appellate review, inasmuch as defense counsel did not object to the verdict prior to the discharge of the jury *(see, People v Alfaro,*108 AD2d 517, *665
      *affd*66 NY2d 985; *People v Satloff,*56 NY2d 745). In any event, since the elements of the crime of attempted assault in the first degree *(see,*Penal Law §§ 110.00, 120.10 [1]) are materially different from the elements of the crime of attempted murder in the second degree, *(see,*Penal Law §§ 110.00, 125.25 [1]), the claim of repugnancy is without merit *(see, People v Tucker,*55 NY2d 1; *People v Alfaro, supra,*p 519; *People v Rivera,*112 AD2d 327, 328). Additionally, there is no basis for modification of the imposed sentence.

We have reviewed the defendant’s remaining contentions, including those raised in his *pro se*supplemental brief, and find them to be either unpreserved for review or without merit. Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Justice Drug Enforcement Administration [Docket No. DEA-893]
 AGENCY: Drug Enforcement Administration, Justice.
 ACTION: Notice of application.
 SUMMARY: Cambridge Isotope Laboratories has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to **Supplemental Information** listed below for further drug information.
 DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before October 15, 2021. Such persons may also file a written request for a hearing on the application on or before October 15, 2021.
 ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152.


SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this is notice that on July 29, 2021, Cambridge Isotope Laboratories, 50 Frontage Road, Andover, Massachusetts 01810-5413, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance
Drug code
ScheduleGamma Hydroxybutyric Acid
2010
ITetrahydrocannabinols
7370
IMorphine
9300
II
 The company plans to import the listed controlled substances for analytical research. No other activity for this drug code is authorized for this registration. Approval of permit applications will occur only when the registrant's business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of Food and Drug Administration-approved or non-approved finished dosage forms for commercial sale. Brian S. Besser, Acting Assistant Administrator.


[FR Doc. 2021-19944 Filed 9-14-21; 8:45 am] BILLING CODE P
#### Robert G. SARLO, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2007-7151.

United States Court of Appeals, Federal Circuit.

June 28, 2007.

*ORDER*

Upon consideration of Robert G. Sarlo’s unopposed motion to dismiss his appeal,

*998IT IS ORDERED THAT:

(1) The motion is granted.

(2) All sides shall bear their own costs.
**EXHIBIT 32.2**





**CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER**


**PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**


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





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual
Report of CNL Hotels & Resorts, Inc. (the “Company”) on Form 10-K
for the period ended December 31, 2004, as filed with the Securities and
Exchange Commission on the date hereof (this “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 this Report
fairly presents, in all material respects, the financial condition of the
Company as of December 31, 2004 and December 31, 2003 and its results
of operations for the three year period ended December 31,
2004.


/s/
      C. BRIAN STRICKLANDDate:
      March 16, 2005
    Name:
      C. Brian StricklandTitle:*Executive
      Vice President,*
      *Chief
      Financial Officer and Corporate Secretary*
      *(Principal
      Financial Officer)*
**Exhibit 32.1**

 

CERTIFICATIONPURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

I, Tim Paterson-Brown, ChiefExecutive Officer of MGT Capital Investments, Inc. (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.Section 1350, that to the best of my knowledge:

 

(1)                                            the Quarterly Reporton Form 10-Q of the Company for the quarterly period ended June 30,2010 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)); and

 

(2)                                            the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|                | By:    | /s/ TIM PATERSON-BROWN  |
|---------------------|--------|-------------------------|
|                |   | Tim Paterson-Brown      |
|                |   | Chief Executive Officer |
| August 5, 2010 |   |                    |

 

----
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce Economic Development Administration
 AGENCY: Economic Development Administration, U.S. Department of Commerce.
 ACTION: Notice and opportunity for public comment.
 SUMMARY: The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.


SUPPLEMENTARY INFORMATION:  List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance
[8/17/2021 through 9/7/2021]
Firm name
Firm address
Date accepted for investigation
Product(s)ImPress Systems, Inc
7 Stuart Road, Chelmsford, MA 01824
8/19/2021
The firm manufactures foil printing machines.HED Cycling Products, Inc
1735 Terrace Drive, Roseville, MN 655113
8/20/2021
The firm manufactures bicycle components.( print page 51866)Rose Electronics Distributing Company, LLC
2030 Ringwood Avenue, San Jose, CA 95131
8/24/2021
The firm manufactures batteries.RoMan Manufacturing, Inc
861 47th Street Southwest, Wyoming, MI 49509
8/30/2021
The firm manufactures electrical equipment.Positive Connection, Inc
374 Central Avenue, Taneyville, MO 65759
9/2/2021
The firm manufactures wire harnesses for electrical circuits.Chateau Bianca, Inc
17485 Highway 22, Dallas, OR 97338
9/7/2021
The firm produces wine.
 Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA's regulations at 13 CFR 315.8 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Bryan Borlik, Director.


[FR Doc. 2021-20180 Filed 9-16-21; 8:45 am] BILLING CODE 3510-WH-P
Order filed, August 22, 2014

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00653

- CR

____________ CHAD SMALL , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 263rd District Court

Harris County, Texas Trial Cour t Cause No. 1349798



### ORDER
The reporter’s record in this case was due July 08, 2014

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the record. The record has not been filed with the court. Because the report er’s record has not been filed timely, we issue the following order.

We order Marcia Barnett , the official court reporter, to file the record in this appeal within 30 days of the date of this order

. PER CURIAM
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 7
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<DEBT-HELD-FOR-SALE>                           411,706
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 411,706
<CASH>                                         147,885
<RECOVER-REINSURE>                              17,776
<DEFERRED-ACQUISITION>                           8,470
<TOTAL-ASSETS>                                 726,168
<POLICY-LOSSES>                                190,352
<UNEARNED-PREMIUMS>                             49,895
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,000
<COMMON>                                        15,604
<OTHER-SE>                                     343,356
<TOTAL-LIABILITY-AND-EQUITY>                   726,168
<PREMIUMS>                                      30,391
<INVESTMENT-INCOME>                              8,588
<INVESTMENT-GAINS>                                   0
<OTHER-INCOME>                                       0
<BENEFITS>                                      46,642
<UNDERWRITING-AMORTIZATION>                      6,812
<UNDERWRITING-OTHER>                             5,356
<INCOME-PRETAX>                               (19,831)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (19,831)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (19,831)
<EPS-BASIC>                                     (1.06)
<EPS-DILUTED>                                   (1.06)
<RESERVE-OPEN>                                       0<F1>
<PROVISION-CURRENT>                                  0<F1>
<PROVISION-PRIOR>                                    0<F1>
<PAYMENTS-CURRENT>                                   0<F1>
<PAYMENTS-PRIOR>                                     0<F1>
<RESERVE-CLOSE>                                      0<F1>
<CUMULATIVE-DEFICIENCY>                              0<F1>
<FN>
<F1> Amounts for Securities Act Industry Guide 6 and Exchange Act Industry
     Guide 4 disclosures are not provided because the Company's loss reserves
     do not exceed one half of the consolidated common shareholders equity.
</FN>


</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.32

                        ADDENDUM TO EMPLOYMENT AGREEMENT


         The Employment Agreement between The viaLink Company ("viaLink") and
David Lloyd dated the 9th day of April, 1999 is amended as follows:

1.   Effective as of the tenth day of March, 2000, David Lloyd's title shall be
     changed to Senior Vice President of Operations.

2.   Effective as of the tenth day of March, 2000, the annualized salary set
     forth in Section 4.1 of said Employment Agreement shall be increased to
     two hundred and twelve thousand dollars ($212,000).

3.   The first sentence of Section 6.1 shall be deleted and replaced with the
     following sentence: "Except as hereinafter set forth, the term ("Term) of
     this Agreement shall commence on the 9th day of April, 1999 ("Effective
     Date and shall continue through the 25th day of May, 2001 and shall be
     automatically renewed on a year to year basis thereafter unless one party
     hereto notifies the other party hereto in writing at least thirty (30)
     days prior to the end of the then current Term that it will not renew this
     Agreement at the end of such then current Term."

4.   Except as amended herein, no further changes are made to the Employment
     Agreement and the same remains in full force and effect.


The viaLink Company                                  David Lloyd



By:
   -------------------------                         -------------------------
   Lewis B. Kilbourne                                David Lloyd

Its:   Chief Executive Officer


Date:                                                Date:
     -------------------------                            --------------------
<TABLE> <S> <C>

<ARTICLE>          5
<MULTIPLIER>          1,000

<S>                           <C>

<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>             DEC-31-1996
<PERIOD-END>                  DEC-31-1996
<CASH>                                215
<SECURITIES>                            0
<RECEIVABLES>                      16,846
<ALLOWANCES>                            0
<INVENTORY>                        21,326
<CURRENT-ASSETS>                   40,033
<PP&E>                             11,535
<DEPRECIATION>                          0
<TOTAL-ASSETS>                     58,226
<CURRENT-LIABILITIES>              25,126
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                9
<OTHER-SE>                          9,076
<TOTAL-LIABILITY-AND-EQUITY>       58,226
<SALES>                           140,909
<TOTAL-REVENUES>                  140,909
<CGS>                             108,098
<TOTAL-COSTS>                     108,098
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                  3,108
<INCOME-PRETAX>                    13,789
<INCOME-TAX>                        5,503
<INCOME-CONTINUING>                 8,286
<DISCONTINUED>                          0
<EXTRAORDINARY>                       973
<CHANGES>                               0
<NET-INCOME>                        7,313
<EPS-PRIMARY>                        1.05
<EPS-DILUTED>                           0





</TABLE>
# C_2021071EN.01005701.xml

| 1.3.2021 | EN | Official Journal of the European Union | C 71/57 |
| --- | --- | --- | --- |

1.3.2021

EN

Official Journal of the European Union

C 71/57

---

Non-opposition to a notified concentration

(Case M.10132 — Blackstone/B&J/Applegreen)

(Text with EEA relevance)

(2021/C 71/04)

On 22 February 2021, 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 and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | 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 32021M10132. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10132. EUR-Lex is the online access to European law.

---

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

---
#### Hayes *et al.,*Appellants, v. Alsdorf, Respondent.

*(Supreme Court, General Term, Third Department.*

July 7, 1890.)

No opinion. Order affirmed, with $10 costs and printing disbursements.
#### NOONAN, Respondent, v. UNION FERRY CO. OF NEW YORK & BROOKLYN, Appellant.

(Supreme Court, Appellate Division, Second Department.

October 20, 1896.)

Action by William Noonan against the Union Ferry Company of New York & Brooklyn.

No opinion. Judgment and order affirmed, with costs. All concur.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-40554

Summary Calendar

ALOECORP, INCORPORATED,

Plaintiff-Appellee

v.

DAMKEN, L.L.C.,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:11-CV-86

Before WIENER, OWEN, and HAYNES, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Damken, L.L.C. appeals the judgment of the 

district court implementing the jury’s award of damages for breach of the 

construction contract between Damken and Plaintiff-Appellee Aloecorp, 

Incorporated. Our review of the record brought forward on appeal, in light of 

the applicable law as reflected in the appellate briefs of the parties, satisfies 

us that Damken’s claims, including that the district court abused its discretion 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

January 6, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-40554 Document: 00512490088 Page: 1 Date Filed: 01/06/2014
No. 13-40554

(1) by denying Damken’s motion for partial judgment on the pleadings and for 

judgment as a matter of law for anticipatory breach, early termination, and 

repudiation of a construction contract at issue, and (2) by refusing to submit 

the issue of restitution to the jury, are not sustained by the facts or the law. In 

sum, we perceive no reversible error and therefor affirm the district court’s 

award of damages, attorney’s fees and costs, court costs, and post-judgment 

interest.

AFFIRMED.

2

 Case: 13-40554 Document: 00512490088 Page: 2 Date Filed: 01/06/2014