alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7164
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIAN ESTER MAE SMITH, a/k/a Pinky, Defendant - Appellant.Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, Chief District Judge. (CR-96-5-2-V-5) Submitted: October 21, 1997 Decided: November 25, 1997 Before HAMILTON, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Julian Ester Mae Smith, Appellant Pro Se. Harry Thomas Church, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying for lack of jurisdiction Appellant's motion for a reduction in sentence. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Smith , No. CR-96-5-2-V-5 (W.D.N.C. July 30, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
# C_2021139EN.01000201.xml

| 20.4.2021 | EN | Official Journal of the European Union | C 139/2 |
| --- | --- | --- | --- |

20.4.2021

EN

Official Journal of the European Union

C 139/2

---

Non-opposition to a notified concentration

(Case M.10143 — Inter-Risco/Unavets/OneVet)

(Text with EEA relevance)

(2021/C 139/02)

On 14 April 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 32021M10143. 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 32021M10143. EUR-Lex is the online access to European law.

---

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

---
##### 



Exhibit 32.2 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 Hyperion Solutions Corporation (the
Company) on Form 10-Q for the quarterly period ended
September 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, David W. Odell, 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:  (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. Dated: November 9, 2004 /s/ DAVID W. ODELL
Listen

# Robert S. Rankin Memorial Library

#### OPEN TO THE PUBLIC

The Robert S. Rankin National Civil Rights Library at the U.S. Commission on Civil Rights was established in 1960. It assists the Commission in fulfilling its mission of researching, factfinding and reporting on those matters relating to discrimination or denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, disability or national origin, or in the administration of justice.

The library is named after Robert S. Rankin, who served as a Civil Rights Commissioner and was a distinguished political scientist and an authority on constitutional history.

The Robert S. Rankin National Civil Rights Library has an extensive collection which contains a large variety of books, directories, encyclopedias, journals, magazines, reports, microforms, and videos. It covers subjects such as campus tensions, persons with disabilities, discrimination, education, the elderly, housing, racism and women's issues. The collection includes Commission publications, specifically known as statutory reports, clearinghouse reports, hearing, consultation, and conference reports and state advisory committee reports.

Since 2005, the Commission has been working in partnership with the U.S. Government Printing Office and the Thurgood Marshall Law Library at the University of Maryland to provide access to the historical records of the Commission. This partnership offers scholars an opportunity to examine the efforts of the Commission more closely. Information about this partnership and accessing Commission historical records through the University of Maryland is located at Thurgood Marshall Law Library.

The library is an information source for Commission staff, government agencies, private organizations, and individuals worldwide.

All items in the collection must be used in the library.

Internet access is available to the public, at no cost, with a time restriction of 30 minutes per user per day.

Our Catalog of Publications, which lists all Commission titles currently in print, can also be sent to you at your request.

Publications produced by the Commission on Civil Rights are free to the public and may be requested by calling our Publications telephone request number, **202-376-8128**, by facsimile, **202-376-7579**, or by e-mail at publications@usccr.gov. Any written requests should be sent to the address above.

**Libraries Provide Education, Information, Recreation**

-  Our Mission 
-  Commissioners 
-  Offices and Staff 
-  Careers 
-  Acquisition Opportunities 
-  Rankin Memorial Library 
-  FAQs
UNITED STATES COURT OF APPEALS

Filed 6/4/96 TENTH CIRCUIT
FIRST NATIONAL BANK, OF BOSTON (Guernsey) LIMITED,

Plaintiff - Counter-defendant - Appellant, No. 95-2075

v. (D.C. No. CIV-94-231-JC) UNITED NEW MEXICO BANK, FIRST SECURITY BANK, N.A., (D. N.M.)

Defendant - Third-Party Plaintiff, and SUNWEST BANK OF ALBUQUERQUE, N.A., Defendant - Counter-claimant, Third-Party Plaintiff - Appellee,
v. RICHARD D. LUEKER, N. JOAN LUEKER, A. ROLFE BLACK, DOROTHY W. BLACK, ROY W. BIDWELL, EILEEN BIDWELL, VAUN T. FLOYD, NORMAN C. BARNHART, Third-Party Defendants, Counter-claimants - Appellees.* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** The Honorable Nathaniel R. Jones, United States Court of Appeals for the Sixth Circuit, sitting by designation. 2 ORDER AND JUDGMENT * Before TACHA, McKAY, and JONES, **Circuit Judges.

We AFFIRM for substantially the reasons given by the district court.
Entered for the Court Monroe G. McKay Circuit Judge
EXHIBIT
      32.2




**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 eLinear, Inc. (the “Company”) on Form
      10-QSB for the quarter ended June 30, 2005, as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, JoAnn Agee, Principal
      Accounting Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,
      as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
      to
      the best of my knowledge:





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





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








/s/
      JoAnn Agee


JoAnn
      Agee,


Principal
      Accounting Officer


August
      12, 2005




A
      signed original of this written statement required by
      Section 906 has been provided to eLinear, Inc. and will be retained by eLinear,
      Inc. and furnished to the Securities and Exchange Commission or its staff upon
      request.
#### The People of the State of New York, Respondent, v Ronald Grippo, Appellant.

*986Memorandum: Defendant was convicted, after trial, of murder in the second degree for the fatal shooting of Jean Tandlmayer in Monroe County on July 10, 1982. None of defendant’s claims of error provide grounds for reversal.

Contrary to defendant’s claim, he was not denied his constitutional right to proceed *pro se.*The record shows that after questioning by the court, defendant abandoned his request to proceed *pro se*and, instead, requested the assignment of new counsel.

The denial of the motion to suppress defendant’s statement and the murder weapon was proper. The findings of the suppression court that defendant knowingly and voluntarily waived his constitutional rights and that defendant voluntarily accompanied the police and was not in custody, at least prior to 6:10 p.m., are supported by the testimony at the suppression hearing. By 6:10 p.m., and before defendant gave his statement and led the police to the murder weapon, the officer in charge of the investigation had obtained sufficient information to provide probable cause for an arrest, having been told at that time that defendant admitted to a friend that he had killed the victim.

The court did not err in refusing to charge extreme emotional disturbance as a defense to murder in the second degree. Before a defendant is entitled to a charge on the defense of extreme emotional disturbance there must be sufficient evidence of defendant’s state of mind to permit the jury to find, by a preponderance of the evidence, that he did in fact act under the influence of extreme emotional disturbance *(People v Moye,*66 NY2d 887, 889-890). Here there was no evidence, either through the statements of defendant or otherwise, of defendant’s state of mind to support a finding that defendant was suffering from an extreme emotional disturbance at the time of the shooting.

The ammunition that defendant’s girlfriend turned over to the police after defendant had been arraigned was not illegally obtained. Based on the evidence, the suppression court properly found that the girlfriend was not acting as an agent of the police or at their instigation.

We reject defendant’s claim that he was denied effective assistance of counsel. Defense counsel fully and adequately cross-examined the witnesses on material points, effectively cross-examined the firearms examiner, and pursued the only possible trial strategy under the circumstances by relying upon defendant’s exculpatory statements. Counsel’s failure to *987object to the court’s charge on justification was not ineffective assistance because the charge, as finally given, was proper.

Finally, we have examined the points raised in defendant’s *pro se*briefs and we determine that they lack merit. (Appeal from judgment of Monroe County Court, Celli, J. — murder, second degree, and criminal possession of weapon, third degree.) Present — Denman, J. P., Boomer, Green, Pine and Balio, JJ.
KNIGHT DIVERSION INFLOW TO STARVATION RESERVOIRLatitude: 40.219Longitude: -110.423Elevation: None

KNIGHT DIVERSION INFLOW TO STARVATION RESERVOIR

Courtesy NRCS - Go to Currant Creek Site Page...



Currant Creek

Courtesy NRCS - Go to Daniels-Strawberry Site Page...



Daniels-Strawberry

Courtesy NRCS - Go to Wilbur Bench Site Page...



Wilbur Bench

Courtesy NRCS - Go to Strawberry Divide Site Page...



Strawberry Divide

Courtesy NRCS - Go to White River #1 Site Page...



White River #1
----

**CERTIFICATION          PURSUANT TO 18 U.S.C. SECTION 1350, **

**AS          ADOPTED PURSUANT TO SECTION 906 **

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

|   | 1. | The                    Quarterly Report fully complies with the requirements of Section                    13(a) or                    15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or                    78o(d));                    and |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The                    information contained in the Quarterly Report fairly presents,                    in all                    material respects, the financial condition and results of operations                    of                    the Company. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                    Raymond R. Brandstrom |
|--------|---------------------------------------------------|
|   | Raymond                    R. Brandstrom          |
|   | Chief                    Financial Officer        |
|   | August                    9, 2006                 |
#### Albert S. Klestinec, Sr., Plaintiff, v Thruway Terminals, Inc., Respondent and Third-Party Plaintiff-Respondent, and Norfolk & Western Railway Company, Appellant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendant.

Memorandum: Special Term correctly ruled that the contract of indemnification under which Thruway agreed to indemnify Norfolk is limited to Thruway’s own negligence. The operative language is in paragraph 9 (b) which, insofar as relevant, covers indemnification for claims from injury to any person caused directly or indirectly by the acts or omissions of the contractor (Thruway), its agents, servants or employees. This must be read with the contrasting language of paragraph 9 (a), which covers indemnification for claims from injury to Thruway agents, servants or employees, and explicitly provides that it applies whether injury is caused directly or indirectly by the negli*989gence of Norfolk, its agents, servants or employees, or otherwise. The interpretation of a contract which makes every part effective and which gives meaning to every provision is favored (22 NY Jur 2d, Contracts, § 221). (Appeal from order of Supreme Court, Ontario County, Kennedy, J. — partial summary judgment.) Present — Denman, J. P., Boomer, Green, Pine and Balio, JJ.
Exhibit 4.2



DIDI GLOBAL   INC. Number Class A Ordinary Shares Incorporated under the laws of the Cayman   Islands Share capital is US$100,000 divided into (i) 4,000,000,000 Class A   Ordinary Shares of a par value of US$0.00002 each, (ii) 500,000,000 Class B   Ordinary Shares of a par value of US$0.00002 each, and (iii) 500,000,000   shares of a par value of US$0.00002 each of such class or classes (however   designated) as Directors may determine in accordance with the Memorandum and   Articles of Association of the Company THIS IS TO CERTIFY THAT registered   holder of is the Class A Ordinary Shares in the above-named Company subject   to the Memorandum and Articles of Association thereof. EXECUTED on behalf of   the said Company on the day of by: DIRECTOR
The State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

May 11, 2015

N o. 04

- 13

- 00891

- CR

Donald F. HUFF

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Tria l Court No. 2011CR2990

Honorable Sid L. Harle, Judge Presiding



### ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

The panel has considered the State ’ s Motion for Rehearing, and the motion is DENIED.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 11th day of May, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
EXHIBIT 32.1





Certification of Chief Executive Officer and  Chief Financial Officer


pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


regarding Quarterly Report on Form 10-Q for the quarter ended September 30, 2009





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of a Texas corporation (the “Company”), does hereby certify that:





1.  The Company's Quarterly Report on Form 10-Q for the fiscal period ended September 30, 2009, (the Form 10-Q) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





2.  Information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:           October 19, 2012                                                              BY:   /s/ Steven L. Sample
 Steven L. Sample
 Chief Executive Officer and
 Principal Financial Officer
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AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

District of Oregon

ADIDAS AMERICA, INC., a Delaware corporation;

and ADIDAS AG, a foreign entity

ECCO USA, INC., a New Hampshire corporation;

and ECCO SKO A/S, a foreign entity

ECCO USA, Inc.

c/o R/A Jesper Froekjaer

16 Delta Drive

Londonderry, NH 03053

Daniel P. Larsen, OSB No. 943645

Ater Wynne LLP

1331 NW Lovejoy Street, Suite 900

Portland, OR 97209-2785

 3:16-cv-00684

Case 3:16-cv-00684-SI Document 5 Filed 04/21/16 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

ECCO USA, Inc.

0.00

Case 3:16-cv-00684-SI Document 5 Filed 04/21/16 Page 2 of 2
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement Nos. 333-50912, 333-88313, and 333-106325 on Form S-8 of our report (which report is unqualified and contains an explanatory paragraph regarding the adoption of SFAS No. 123R, “Share-basedPayments,” effective January 1, 2006) dated March 8, 2007, relating to the financial statements of Edgewater Technology, Inc. appearing in this Annual Report on Form 10-K of Edgewater Technology, Inc. for the year endedDecember 31, 2006. 

/s/ Deloitte & Touche LLP 

Boston, Massachusetts 

March 8, 2007