alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ALLEN v. KNOTT.

(Circuit Court of Appeals, Eighth Circuit.

May 15, 1909.)

No. 2,908.

1. Trial (§ 418*) — Demurrer to Evidence — Waiver.

An exception to the ruling of the court denying defendant’s motion for judgment at the close of plaintiff’s case is waived by the introduction of evidence by defendant.

[Ed. Note. — For other cases, see Trial, Cent. Dig. § 981; Dee. Dig. § 418.*]

*772. Appeal and Error (§ 849*) — Review.—Action Tried Without Jury.

Where a jury is waived in an action at law in a federal court, and the cause submitted to the court, without any motion for judgment at the close of the evidence, and the court makes a general finding only, and no exceptions are taken to any rulings made during the progress of the trial, no question of law is presented by the record for the consideration of the appellate court.

[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 3363-3365; Dec. Dig. § 849.*]

In Error to the Circuit Court of the United States for the Eastern District of Missouri.

Jesse W. Barrett, Sp. Asst. U. S. Atty., for plaintiff in error.

Walter N. Davis, for defendant in error.

Before SANBORN, VAN DEVANTER, and ADAMS, Circuit Judges.

*

For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, *&*Rep’r Indexes

PER CURIAM.

This action, to recover the amount of a tax and accrued penalty paid by a manufacturer of oleomargarine under protest, from the collector of internal revenue, was submitted for final judgment to the trial court, a jury having been duly waived, upon proof taken by both sides on the issues joined. At the close of plaintiff’s case the collector moved for judgment in his favor and saved an exception to an adverse ruling on that motion. He then introduced evidence in his own favor. By doing so he waived the exception taken to the action of the court in denying his motion for a judgment. Barnard v. Randle, 49 C. C. A. 177, 110 Fed. 906. He closed his case without again moving for judgment in his favor, and submitted the same to the court for a general finding according to the preponderance of proof, and such finding only was made. No exceptions were preserved to any rulings of the court made during the progress of the trial. On such a record no question of law is presented for our consideration. Keeley v. Ophir Hill Consolidated Mining Co. (C. C. A.) 169 Fed. 601, and cases cited.

The judgment of the Circuit Court is accordingly affirmed.
[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31238-31239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14640]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1368-DR]


Illinois; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Illinois (FEMA-1368-DR), dated May 9, 2001, and 
related determinations.

EFFECTIVE DATE: May 31, 2001.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3772.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the

[[Page 31239]]

State of Illinois is hereby amended to include the following areas 
among those areas determined to have been adversely affected by the 
catastrophe declared a major disaster by the President in his 
declaration of May 9, 2001:

    Adams, Calhoun, Mercer, and Pike Counties for Individual 
Assistance (already designated for Public Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program.)

Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 01-14640 Filed 6-8-01; 8:45 am]
BILLING CODE 6718-02-P
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 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:  March 11, 2011














/s/ Armando Garcia


Armando Garcia,


President, Secretary & Treasurer


(principal executive and financial officer)
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50010

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JUAN JOSE MENDOZA-GALLARDO, also known as Juan Jose MendozaCastillo

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-1342-ALL

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

Juan Jose Mendoza-Gallardo (Mendoza) pleaded guilty to illegal reentry

after deportation and was sentenced to 24 months of imprisonment and three

years of supervised release.

Mendoza argues on appeal that the district court erred in increasing his

guidelines offense level by eight levels under U.S.S.G. § 2L1.2(b)(1)(C) based on

its characterization of the more recent of his two prior state drug possession

United States Court of Appeals

Fifth Circuit

F I L E D

October 21, 2008

Charles R. Fulbruge III

Clerk
No. 08-50010

2

convictions as an aggravated felony. Citing Lopez v. Gonzales, 549 U.S. 47

(2006), he contends that the more recent state drug possession conviction could

not constitute an aggravated felony because the State did not plead and prove

that he was a recidivist when it obtained the conviction, as is required under 21

U.S.C. §§ 844(a) and 851.

Lopez has not altered our holding in United States v. Sanchez-Villalobos,

412 F.3d 572 (5th Cir.2005), that a second state conviction for simple possession

qualifies as an aggravated felony sufficient to support the imposition of the

eight-level enhancement under § 2L1.2(b)(1)(C). United States v. Cepeda-Rios,

530 F.3d 333, 335 (5th Cir. 2008). The State’s failure to comply with the

procedural requirements of §§ 844(a) and 851(a) in obtaining the second drug

possession conviction does not prohibit the district court from enhancing a

sentence on this basis. Id. at 336 n.11.

AFFIRMED.
<TABLE> <S> <C>
                                                                          
<ARTICLE>                       5                                               
<CIK>                           0000854066                                      
<NAME>                          GEODYNE INST/PENSION ENERGY INCOME LTD PSHP P-3 
                                    
<S>                             <C>             
<PERIOD-TYPE>                   3-MOS           
<FISCAL-YEAR-END>               DEC-31-1998     
<PERIOD-START>                  JAN-01-1998     
<PERIOD-END>                    MAR-31-1998     
<CASH>                             307,579      
<SECURITIES>                             0      
<RECEIVABLES>                      325,147      
<ALLOWANCES>                             0      
<INVENTORY>                              0      
<CURRENT-ASSETS>                   632,726      
<PP&E>                          11,060,967      
<DEPRECIATION>                   8,950,134      
<TOTAL-ASSETS>                   2,743,559      
<CURRENT-LIABILITIES>                    0      
<BONDS>                                  0      
<PREFERRED-MANDATORY>                    0      
<PREFERRED>                              0      
<COMMON>                                 0      
<OTHER-SE>                       2,743,559      
<TOTAL-LIABILITY-AND-EQUITY>     2,743,559      
<SALES>                            313,340      
<TOTAL-REVENUES>                   427,025      
<CGS>                                    0      
<TOTAL-COSTS>                      144,031      
<OTHER-EXPENSES>                         0      
<LOSS-PROVISION>                         0      
<INTEREST-EXPENSE>                       0      
<INCOME-PRETAX>                    282,994      
<INCOME-TAX>                             0      
<INCOME-CONTINUING>                282,994      
<DISCONTINUED>                           0      
<EXTRAORDINARY>                          0      
<CHANGES>                                0      
<NET-INCOME>                       282,994      
<EPS-PRIMARY>                         1.57      
<EPS-DILUTED>                            0      
                                
 

</TABLE>
Exhibit 32.2
 
 CERTIFICATION PURUSANT TO 18 U.S.C. 1350
 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of MicroChannel Technologies Corporation (the “Company”) on Form 10-Q for the quarter ending May 31, 2009, as filed with the Securities and Exchange Commission on July 14, 2009 (the “Report”), I, David Gamache, 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:  July 14, 2009
/s/ David GamacheDavid GamacheChief Financial Officer
Document Headings

                    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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of General Medical Sciences Special Emphasis Panel Initiative for Minority Student Development                    

*Date:*                         July 9-11, 2001.                    

*Time:*                         8 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Holiday Inn Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                         Michael A. Sesma, PhD., Office of Scientific Review, NIGMS, Natcher Bldg., Room 1AS19H, 45 Center Drive, Bethesda, MD 20892.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS)

Dated: May 30, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-14167 Filed 6-5-01; 8:45 am]

BILLING CODE 4140-01-M
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1510 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1510

Providing for consideration of the bill (H.R. 4636) to prohibit United 
States assistance to foreign countries that oppose the position of the 
                  United States in the United Nations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2010

 Mr. Gohmert submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Providing for consideration of the bill (H.R. 4636) to prohibit United 
States assistance to foreign countries that oppose the position of the 
                  United States in the United Nations.

    Resolved, That upon the adoption of this resolution the House shall 
immediately proceed to consider in the House the bill (H.R. 4636) to 
prohibit United States assistance to foreign countries that oppose the 
position of the United States in the United Nations. All points of 
order against the bill and against its consideration are waived. The 
bill shall be considered as read. The previous question shall be 
considered as ordered on the bill to final passage without intervening 
motion except: (1) one hour of debate equally divided and controlled by 
Representative Gohmert of Texas or his designee and an opponent; and 
(2) one motion to recommit.
                                 <all>
```
Exhibit
10.1


 


 


Summary
of Ms. Woods Compensation Agreement


 


 


On February 8, 2005, the Board of Directors
of Beckman Coulter, Inc. announced that Board Member Betty Woods was elected
non-executive chairman. Ms. Woods, an 11-year veteran of the Beckman Coulter
Board succeeded retiring Executive Chairman John P. Wareham. The appointment
was effective April 7, 2005 at the annual stockholder’s meeting. On April 4,
2005, the Board of Directors amended Ms. Woods compensation schedule by
increasing her cash compensation by $105,500.
Exhibit 32.1

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

In connection with the Quarterly Report of Everest Resources Corp. (the "Company") on Form 10-Q for the period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Mohan Singh, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   

Dated this 13thday of May, 2009.

MOHAN SINGHMohan SinghChief Executive Officer and Chief Financial Officer














---
Exhibit 31.2
  Certification of the Chief Financial Officer
 required by Rule 13a-14(a) of the Exchange Act.
 I, Dianna Miller , certify that:1.

I have reviewed this Quarterly report on Form 10-Q of Rexhall Industries, Inc.;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 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;3.

Based on my knowledge, the financial statements, and other financial information included in this 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 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-15(e) and 15d-15(e)) for the Registrant and have: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)Evaluated the effectiveness of the Registrants disclosure controls and procedures and presented in thisreport 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; andc) 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; and5.

The Registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrants auditors and the audit committee of the Registrants Board of Directors (or persons performing the equivalent functions):a)All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; andb)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: August 16, 2004

**/S/ Dianna Miller**Dianna MillerChief Financial Officer
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: HOHENBERG BROTHERS COTTON COMPANY AND JULIEN J. HOHENBERG 

DOCKET NUMBER: 223; 75-4 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

NOTE: LATER BECAME CFTC DOCKET # 75-4 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington, D.C. 20250 

ISSUANCE OF COMPLAINT - CEA DOCKET NO. 223 

(Administrative Hearing Under the Commodity Exchange Act) 

A complaint and notice of hearing has been signed by the Assistant Secretary 

of Agriculture charging violation of the Commodity Exchange Act by: 

Hohenberg Brothers Cotton Company and Julien J. Hohenberg 

(Memphis, Tennessee) 

The complaint charges that Hohenberg Brothers Cotton Company and its 

president, Julien J. Hohenberg, attempted to manipulate downward the price of 

the December 1971 cotton future on November 23, 1971. 

The issuance of a complaint under the Commodity Exchange Act does not 

constitute proof of violation of the law. Such violation is established only 

when there has been a determination that the evidence substantiates allegations 

in the complaint. A determination is considered as having been made when a 

decision of the Administrative Law Judge becomes final or, after appeal, a 

decision is made by the Judicial Officer of the Department. Complaints are 

filed in the Office of the Hearing Clerk of the Department of Agriculture and 

are a matter of public record. Pending disposition of a complaint, it is the 

policy of the CEA not to comment or elaborate on charges contained therein or to 

discuss evidence on which it is based. 

A public hearing on the complaint will be held before the Administrative Law 

Judge at a place, date, and time to be specified at a later date. 

LOAD-DATE: August 6, 2008 
Page 2
Exhibit 21.1Subsidiaries of the Registrant     Jurisdiction ofName of Entity Incorporation       Applix AG SwitzerlandApplix Asia Pacific Pty. Ltd. AustraliaApplix Canada, Inc. DelawareApplix GmbH GermanyApplix France SARL FranceApplix Securities Corp. MassachusettsApplix Singapore, Inc. DelawareApplix (UK) Limited United KingdomDynamic Decisions Pty. Ltd. AustraliaTemtec Europe B.V. NetherlandsTemtec International B.V. NetherlandsTemtec Technical Services B.V. NetherlandsTemtec UK Ltd. United KingdomVeriteam, Inc. DelawareVeriteam France FranceVeriteam GmbH GermanyVeriteam Limited United Kingdom
EXHIBIT
      23.1





**Consent
      of Independent Registered Public Accounting Firm**





We
      hereby
      consent to the use in this Annual Report on Form 10-K of our report dated March
      13, 2007, relating to the consolidated balance sheet of Aurora Oil & Gas
      Corporation and Subsidiaries as of December 31, 2006, and the related
      consolidated statements of operations, shareholders’ equity, and cash flows for
      each of the two years in the period then ended, appearing in such Annual
      Report.




We
      also consent to the incorporation by reference in
      the registration statements (Nos. 333-129695 and 333-130769) on Form S-3 of
      Aurora Oil & Gas Corporation and Subsidiaries of our report referred to
      above, which report appears in the December 31, 2007 Annual Report on Form
      10-K
      of Aurora Oil & Gas Corporation.





/s/
                RACHLIN LLP




Miami,
      Florida


March
      7,
      2008