alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 325.

#### Potter et al. *v.*Maybury, Director of Licenses, et al.

Argued January 13, 1932.

Decided January 18, 1932.

*Per Curiam:.*

The appeal herein is dismissed for

*594
      *Mr. George H. Rummens,*with whom *Mr. Alfred J. Schweppe*was on the brief, for appellants.

*Messrs. John H. Dunbar,*Attorney General of Washington, and *Lester T. Parker,*Assistant Attorney General, were on the brief for appellees.

the reason that the decree of the state court here sought to be reviewed was based upon a non-federal ground adequate to support it. *McCoy*v. *Shaw,*277 U. S. 302, 303; *People ex rel. Doyle*v. *Atwell,*261 U. S. 590, 591, 592; *Howat*v. *Kansas,*258 U. S. 181, 186, 190.
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 Hawkins, Inc. (the Company) on Form 10-Q for the
period ended September 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Marvin E. Dee, Chief Financial
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/ Marvin
 E. Dee | 

Marvin E. Dee
Chief Financial Officer
November 9, 2007

---
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1064

Natural Gas Fixed Swap - Algonquin - Platts Gas Daily

DESCRIPTION

A monthly cash settled swap based upon the average price published by Platts Gas Daily for the 

location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the arithmetic average of the Platts 

Gas Daily Algonquin published price for each calendar day of the corresponding contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each contract shall be valued 

as the contract quantity in MMBtus multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day of the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-41320

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDEN PEREZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:11-CR-1521-1

Before WIENER, ELROD, and GRAVES, Circuit Judges.

PER CURIAM:*

Eden Perez appeals the 92-month, within-guidelines sentence imposed

following his guilty plea conviction for being a felon in possession of a firearm in

violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The presentence report, which

was adopted by the district court, calculated Perez’s base offense level pursuant

to U.S.S.G. § 2K2.1(a)(4)(A) because he had a prior Texas conviction for burglary

of a habitation, which constituted an enumerated “crime of violence,” namely

burglary of a dwelling, under U.S.S.G. § 4B1.2(a)(2). Perez argues that his base

United States Court of Appeals

Fifth Circuit

F I L E D

June 17, 2013

Lyle W. Cayce

Clerk

* 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.

 Case: 12-41320 Document: 00512276023 Page: 1 Date Filed: 06/17/2013
No. 12-41320

offense level was improperly calculated because Texas law defines the owner of

a habitation as a person with merely a greater right to possession than the

criminal actor and that this places the Texas crime outside the generic definition

of burglary of a dwelling.

In United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied,

2013 WL 1473651 (May 13, 2013), we rejected this argument on plain error

review, affirming a sentencing enhancement for a “crime of violence” under

U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a Texas conviction for burglary of a

habitation under Texas Penal Code § 30.02(a)(1). We noted that we had recently

rejected on de novo review a materially indistinguishable argument in United

States v. Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012), cert. denied, 2013 WL

991511 (Apr. 15, 2013), holding that, under the Armed Career Criminal Act, a

conviction for Texas burglary of a habitation under § 30.02(a)(1) constitutes

generic burglary, notwithstanding the “greater right to possession” theory. 

Morales-Mota, 704 F.3d at 412.

While Perez concedes that his argument should be reviewed for plain error

and that it is foreclosed by our precedent in Morales-Mota, he wishes to preserve

his argument that Joslin was wrongly decided for Supreme Court review. 

Because one panel of this court may not overrule the decision of another absent

an en banc or superseding Supreme Court decision, see United States v.

Lipscomb, 299 F.3d 303, 313 n.34 (5th Cir. 2002), Perez’s argument that the

“greater right to possession” definition makes Texas burglary broader than

generic burglary is foreclosed by Morales-Mota. Perez’s motion for summary

disposition is GRANTED. The district court’s judgment is AFFIRMED.

2

 Case: 12-41320 Document: 00512276023 Page: 2 Date Filed: 06/17/2013
<PAGE>   1

                                                                    EXHIBIT 21.1


                         SUBSIDIARIES OF THE REGISTRANT


<TABLE>
<CAPTION>
                                                     JURISDICTION OF
NAME OF ENTITY:                                      INCORPORATION:
---------------                                      ---------------

<S>                                                  <C>
Applix B.V.                                          The Netherlands

Applix Canada, Inc.                                  Delaware

Applix Foreign Sales Corporation                     Barbados

Applix France                                        France

Applix GmbH                                          Germany

Applix Securities Corp.                              Massachusetts

Applix Singapore, Inc.                               Delaware

Applix (UK) Limited                                  England

Sinper Corporation                                   Florida

Target Corporation                                   Massachusetts
</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID STECKBECK; STEVEN ALBA;

ROBERT BLEDSOE,

Plaintiffs

- Appellants,

v.

BARTENDERS UNION LOCAL 165,

Defendant

- Appellee. No. 16

- 16923

D.C. No.

2:14

- cv

- 00323

- RFB

- CWH

MEMORANDUM *

Appeal from the United States District Court

for the District of Nevada

Richard F. Boulware II, District Judge, Presiding

Submitted December 6, 2017 * *

San Francisco, California

Before: SCHROEDER and GOULD ***

, Circuit Judges, and ELLIS, ** * * District

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** This case was submitted to a panel that included J udge Kozinski, who

recently retired. Following Judge Kozinski’s retirement, Judge Gould was drawn

by lot to replace him. Ninth Circuit General Order 3.2.h. Judge Gould has read the

briefs and reviewed the record.

*** * The Honorable Sara Lee Ellis, Un ited States District Judge for the

Northern District of Illinois, sitting by designation. 

# FILED

JAN 17 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 Judge.

In order to prevail, appellants must show that the union’s “conduct in

dismissing their grievance was arbitrary, di scriminatory or in bad faith.” Stevens

v. Moore Business Forms, Inc. , 18 F.3d 1443, 1447 (9t h Cir. 1994). Such a

decision by the union “is arbitrary only if it lacks a rational basis.” Id. Local 165’s

decision not to investigate appellants’ grievance was rational because the grievance

stemmed from facts Local 165 already knew. The union had a n ample basis for

assessing appellants’ grievance and simply chose not to “brood over it.” Peters v.

Burlington N. R.R. Co. , 931 F.2d 534, 540 (9th Cir. 1990), as amended on denial

of reh’g (Apr. 23, 1991). Appellants have also not offered any evidence o f bad

faith on the part of Local 165

. See Stevens , 18 F.3d at 1448.

AFFIRMED.
#### The People of the State of New York, Respondent, v Isham Moore, Appellant.

Submitted March 22, 2010;

decided March 25, 2010

Motion for assignment of counsel granted and Lynn WL. Fa-hey Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
AMENDMENT NO. 2 TO LOAN FACILITY LETTER


     This Amendment No. 2, dated as of March 20, 2001, is by and among Andrew H.
Baker ("Baker"),  Huntingdon Life Sciences Group plc  ("Huntingdon") and Focused
Healthcare Partners LLC ("FHP").

     WHEREAS, pursuant to that certain Loan Facility Letter, dated September 25,
2000,  between  Baker and  Huntingdon,  as  amended by  Amendment  No. 1 to Loan
Facility Letter dated as of February 7, 2001,  Baker agreed to make available to
Huntingdon a loan  facility  (the "Loan  Facility")  of up to  (pound)2,000,000,
(pound)1,000,000 of which has already been drawn by Huntingdon;

     WHEREAS, Huntingdon has advised Baker that it intends to draw an additional
US $750,000  (the "Second  Draw") under the Loan  Facility on or about March 22,
2001;

     WHEREAS,  Baker, Huntingdon and FHP have agreed that the funds to be loaned
to  Huntingdon  under the Second Draw shall be loaned in part by FHP and in part
by Baker and that FHP shall become a party to the Loan Facility Letter.

     NOW, THEREFORE, the parties hereto agree as follows;

1.   From and after the date  hereof,  FHP shall be added to and shall be deemed
     to be a party to the Loan Facility Letter.

2.   Notice for the Second Draw shall be delivered on at least one day's advance
     written  notice  to FHP at the  address  and phone  number  on record  with
     Huntingdon, as well as to Baker as previously provided.

3.   Payment of the Second Draw shall be made in US dollars.

4.   Baker shall fund $500,000 of the Second Draw and FHP shall fund $250,000 of
     the Second Draw.

5.   Payment of interest and  repayment of principal on the Second Draw shall be
     made in US dollars and to such accounts as shall be designated by Baker and
     FHP, respectively.


Accepted and agreed:

/s/ Andrew Baker
--------------------------------------------
Andrew Baker


/s/ Julian Griffiths
---------------------------------------------
Huntingdon Life Sciences Group plc


/s/ Richard Michaelson
-----------------------------------------
Focused Healthcare Partners LLC
#### Mark Baranek, Appellant, v Karin Baranek, Respondent.

Submitted February 16, 2010;

decided June 3, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
# C_2018427EN.01005902.xml

| 26.11.2018 | EN | Official Journal of the European Union | C 427/59 |
| --- | --- | --- | --- |

26.11.2018

EN

Official Journal of the European Union

C 427/59

---

Judgment of the General Court of 27 September 2018 — Demp v EUIPO (Combination of the colours yellow and grey)

(Case T-595/17) (1)

(EU trade mark - Application for an EU trade mark consisting of a combination of the colours yellow and grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))

(2018/C 427/77)

Language of the case: German

Parties

Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 (Case R 1624/2016-5), concerning an application for registration, as an EU trade mark, of a colour sign consisting of a combination of the colours yellow and grey.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Demp BV to pay the costs. |
| --- | --- |

2.

Orders Demp BV to pay the costs.

---

(1)  OJ C 357, 23.10.2017.

---
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 amended Quarterly Report of Homeland Resources Ltd. (the “Company”) on Form 10-Q for the period ending January 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Armando Garcia, Chief Executive Officer and 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.





Date:  June 14, 2011








/s/ Armando Garcia


Armando Garcia,


President, Secretary & Treasurer


(principal executive and financial officer)
**CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
   We consent to
the incorporation by reference in Registration Statement No. 333-116978 on Form
S-8 of our report dated March 10, 2005 (which report expresses an unqualified
opinion and includes an explanatory paragraph that substantially all revenues
are derived from code-share agreements with US Airways, Inc., Delta Air Lines,
Inc., AMR Corp., the parent of American Airlines, Inc. and United Airlines, Inc.
as discussed in Note 1 to the consolidated financial statements), appearing in
this Annual Report on Form 10-K of Republic Airways Holdings Inc. for the year
ended December 31, 2004.
   
  
 DELOITTE
& TOUCHE LLP
 
 Indianapolis,
Indiana
 March
29, 2005
---

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Stuart Wooldridge, President of Orca International Language
Schools Inc., hereby 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 Quarterly Report on Form 10-QSB of Orca International
      Language Schools Inc. for the quarter ended September 30, 2007 (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 Orca International Language Schools
Inc..                                                                       

Dated: December 7, 2007

/s/ Stuart WooldridgeStuart Wooldridge President and Director(Principal Executive
Officer and Principal Financial Officer) Orca International Language Schools
Inc.

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Orca
International Language Schools Inc. and will be retained by Orca International
Language Schools Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.

---
# C_2010205EN.01000901.xml

| 29.7.2010 | EN | Official Journal of the European Union | C 205/9 |
| --- | --- | --- | --- |

29.7.2010

EN

Official Journal of the European Union

C 205/9

---

Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

2010/C 205/05

| Member State | France |
| --- | --- |
| Route concerned | Périgueux (Bassillac)–Paris (Orly) |
| Period of validity of the contract | 31.3.2011-30.3.2014 |
| Deadline for submission of applications and tenders | — | for applications (first step):
  30.9.2010 (12.00, local time) |

Member State

France

Route concerned

Périgueux (Bassillac)–Paris (Orly)

Period of validity of the contract

31.3.2011-30.3.2014

Deadline for submission of applications and tenders

—

for applications (first step):

30.9.2010 (12.00, local time)

| — | for tenders (second step):
  8.11.2010 (12.00, local time) |
| --- | --- |

—

for tenders (second step):

8.11.2010 (12.00, local time)

Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

| Commune de Périgueux |
| --- |
| Place de l’Hôtel de Ville |
| BP 9063 |
| 24019 Périgueux Cedex |
| FRANCE |
| Mr Jean-François Despages |
| Tel. +33 553028200 |
| Fax +33 553028230 |
| E-mail: jean-francois.despages@perigueux.fr |

Commune de Périgueux

Place de l’Hôtel de Ville

BP 9063

24019 Périgueux Cedex

FRANCE

Mr Jean-François Despages

Tel. +33 553028200

Fax +33 553028230

E-mail: jean-francois.despages@perigueux.fr

---
# Ch 5 Table

# Sheet1
----

 Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 We consent to the incorporation by reference in the Registration  Statement on Form S-8 (No. 333-96799) previously filed by Viscount Systems,  Inc. of our report dated February 14, 2005 on our audits of the consolidated  financial statements of the Company as of December 31, 2004 and 2003 and for  the years then ended, which report appears elsewhere in this Annual Report on  Form 10- KSB of the Company for the year ended December 31, 2004.

  /s/ J. H. Cohn LLP

  San Diego, California  March 28, 2005

----
##### 



Exhibit 12.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this amendment to annual report on Form 20-F/A No. 2 of James Hardie Industries N.V.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact or omit
to state a material fact necessary in order 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 report.
 Date: September 18, 2007
    /s/ Russell ChenuRussell ChenuChief Financial Officer
[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Notices]
[Page 29548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13682]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 47-99]


Foreign-Trade Zone 207--Richmond International Airport, Virginia, 
Withdrawal of Application for Subzone Status for Alfa Laval Thermal, 
Inc., Heat Exchangers and Parts Manufacturing Facilities in Richmond, 
Virginia Area

    Notice is hereby given of the withdrawal of the application 
submitted by the Capital Region Airport Commission, grantee of FTZ 207, 
requesting special-purpose subzone status for the manufacturing 
facilities (heat exchangers and parts) of Alfa Laval Thermal, Inc., 
located at sites in the Richmond, Virginia, area. The application was 
filed on October 14, 1999 (64 FR 57627, 10/26/99).
    The withdrawal was requested because of changed circumstances, and 
the case has been closed without prejudice.

    Dated: May 18, 2001.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 01-13682 Filed 5-30-01; 8:45 am]
BILLING CODE 3510-DS-P
Exhibit 21.1





SUBSIDIARIES OF RIMAGE CORPORATION



Name
        Jurisdiction of Incorporation
        Percent Owned




Rimage Europe GmbH
        Germany
        100.0%




Rimage Japan Co., Ltd.
        Japan
        100.0%




Rimage S.A.R.L.
        France
        100.0%
        (1)




Cedar Technologies, Inc.
        Minnesota
        100.0%




Media Systems Technology, Inc.

(Inactive)
        California
        86.8%






(1) Rimage S.A.R.L. is owned 99% by Rimage Europe GmbH and 1% by Rimage Corporation.



---
EXHIBIT
32.1








CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 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 PuraMed Bioscience Inc. (the “Company”) on Form 10-Q for the quarter ended
March 31, 2009 as filed with the Securities and Exchange Commission (the
“Report”), the undersigned 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.





Dated:  May 15,
2009


/s/ Russell W.
Mitchell




RUSSELL W. MITCHELL




Chairman and Chief Executive
Officer








Dated:  May 15,
2009





/s/ James W.
Higgins




JAMES W. HIGGINS




Chief Financial and Operating
Officer
<Page>

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in this Post-Effective
Amendment No. 19 to the Registration Statement on Form N-4 (No. 033-71688)
(the "Registration Statement") of our report dated March 31, 2005, relating
to the financial statements of First Fortis Life Insurance Company (as of
September 6, 2005, known as Union Security Life Insurance Company of New
York), which appears in such Registration Statement. We also consent to the
reference to us under the heading "Independent Registered Public Accounting
Firm" in such Registration Statement.

PRICEWATERHOUSECOOPERS LLP
Minneapolis, Minnesota
October 21, 2005