alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Charles W. STONE; Marie Stone; Mona M. Keech; Mark Dearmon; Mason P. Thomas, Jr.; Margaret Kay Hovious; Jeannette M. Dean; William R. Foster; R. Ross Hailey, Jr.; Thomas F. Eamon; Flint Benson; Donnie G. Perry; W.R. McClure; and Mary Singleton; on behalf of themselves and all others similarly situated v. The STATE of North Carolina; Michael F. Easley, in his capacity as Governor of North Carolina; Robert Powell, in his capacity as State Controller of North Carolina; David T. McCoy, in his capacity as State Budget Officer of North Carolina; Richard H. Moore, in his capacity as Treasurer of North Carolina; and the Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate.

No. 309P07.

Supreme Court of North Carolina.

December 6, 2007.

E. Hardy Lewis, Raleigh, for .Stone, et al.

Alexander McC. Peters, Joyce Rutledge, Special Deputy Attorney Generals, Robert M. Curran, Assistant Attorney General, for State of NC, et al.

*ORDER*

Upon consideration of the petition filed on the 5th day of July 2007 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of December 2007."
ALLIED ENVIRONMENTAL SERVICES, PLLC and Deans Oil Company, Inc. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL AND NATURAL RESOURCES, Division of Waste Management.

No. 617P07.

Supreme Court of North Carolina.

April 10, 2008.

Kimberly W. Duffley, Assistant Attorney General, for NCDENR.

Lars P. Simonsen, Edenton, for Allied Environmental, et al.

Prior report: ___ N.C.App. ___, 653 S.E.2d 11.

*ORDER*

Upon consideration of the petition filed on the 27th day of December 2007 by Respondent in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 10th day of April 2008."
<Page>

                                                                    EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-32578) of Centiv, Inc. of our report dated March
3, 2000, except for Note 15 regarding the discontinuance of the Tekgraf
Technology Services Division for which the date is October 31, 2000 and
regarding the discontinuance of the Channels Business, for which the date is
December 28, 2001, relating to the financial statements and financial statement
schedule, which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP
Chicago, Illinois
March 28, 2002
#### The People of the State of New York, Respondent, v Shawn Mc Clary, Appellant.

[802 NYS2d 825]

Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered August 10, 2004. The judgment convicted defendant, upon a jury verdict, of assault in the first degree (two counts), robbery in the first degree (three counts) and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

*1428Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of assault in the first degree (Penal Law § 120.10 [3], [4]), three counts of robbery in the first degree (§ 160.15 [1], [2], [4]), and one count of criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to defendant’s contention, the evidence is legally sufficient to support the conviction of depraved indifference assault *(see People v Morrison,*17 AD3d 272 [2005]; *see generally People v Sanchez,*98 NY2d 373 [2002]). Defendant’s further contention regarding the legal sufficiency of the evidence is not preserved for our review *(see People v Gray,*86 NY2d 10, 19 [1995]). The verdict is not against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). The jury credited the testimony of the victim that defendant was the person who shot him, and “[g]reat deference is accorded to the jury’s resolution of credibility issues” *(People v McKinnon,*15 AD3d 842, 842 [2005], *lv denied 4*NY3d 888 [2005]). Supreme Court did not abuse its discretion in allowing a police officer to testify that the victim named defendant as the shooter based on the excited utterance exception to the hearsay rule *(see People v Edwards,*47 NY2d 493, 496-497 [1979]). The victim made the statement within minutes after the shooting, while he was lying on the ground, bleeding and in pain, and while he remained under “the stress of excitement caused by an external event” *(People v Johnson,*1 NY3d 302, 306 [2003]). Finally, the sentence is not unduly harsh or severe. Present—Kehoe, J.P., Gorski, Martoche, Smith and Hayes, JJ.
STATE v. Warren Rayvon SANDERS.

No. 549P07.

Supreme Court of North Carolina.

December 6, 2007.

Catherine F. Jordan, Assistant Attorney General, Garry W. Frank, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 8th day of November 2007 by Defendant for "Notice of Appeal":

"Motion Dismissed ex mero motu by order of the Court in conference this the 6th day of December 2007."
GRAHAM v. NC DEPT. OF CORRECTION.

No. 605P07.

Supreme Court of North Carolina.

March 6, 2008.

Robert Montgomery, Special Deputy Attorney General, for NC Dept. of Correction.

The following order has been entered on the motion filed on the 18th day of December 2007 by Plaintiff for "Petition for Discretionary Review":

"Motion Denied by order of the Court in conference this the 6th day of March 2008."
**EXHIBIT 32.1**

 

**OFFICER’S CERTIFICATION**

 

Pursuantto 18 U.S.C. 63 – 1350, the President (Principal Executive Officer) and ChiefExecutive Officer of Western Sizzlin Corporation (the “Company”), herebycertifies that the Form 10-Q for the period ended June 30, 2004 and thefinancial statements contained therein, fully comply with the requirements ofSections 13(a) or 15(d) of the Securities Exchange Act of 1934, and theinformation contained in the Form 10-Q and the financial statements theretofairly present, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| August 16,  2004 |                 |
|------------------|----------------------|
|             |                 |
|             | /s/ James C.  Verney |

 

1

----
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 Annual Report on Form 10-K of Active Power, Inc. (the Company) for the period ending December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Joseph F. Pinkerton, III, Chairman of the Board, President and Chief Executive 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 my knowledge:



|(1) | The Report fully complies with the requirements of Section 13a or 15d, as applicable, of the Securities Exchange Act of 1934, as amended; 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/ Joseph F. Pinkerton, IIIJoseph F. Pinkerton, IIIChairman of the Board, President andChief Executive Officer (Principal Executive
Officer)March 15, 2005
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THE FOLLOWING SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FINANCIAL STATEMENTS CONTAINED IN THE REGISTRANT'S QUARTERLY REPORT ON
FORM 10-QSB FOR THE PERIOD ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,145,509
<INT-BEARING-DEPOSITS>                       1,782,594
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                           8,908
<INVESTMENTS-MARKET>                             8,908
<LOANS>                                     72,497,886
<ALLOWANCE>                                    352,140
<TOTAL-ASSETS>                              79,414,251
<DEPOSITS>                                  42,964,989
<SHORT-TERM>                                 4,512,918
<LIABILITIES-OTHER>                          1,217,660
<LONG-TERM>                                 17,459,058
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        14,830
<OTHER-SE>                                  13,244,796
<TOTAL-LIABILITIES-AND-EQUITY>              79,414,251
<INTEREST-LOAN>                              4,699,597
<INTEREST-INVEST>                                  528
<INTEREST-OTHER>                               160,425
<INTEREST-TOTAL>                             4,860,550
<INTEREST-DEPOSIT>                           1,185,250
<INTEREST-EXPENSE>                           2,201,765
<INTEREST-INCOME-NET>                        2,658,785
<LOAN-LOSSES>                                   55,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,673,198
<INCOME-PRETAX>                              1,411,341
<INCOME-PRE-EXTRAORDINARY>                   1,411,341
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   910,341
<EPS-PRIMARY>                                     0.80
<EPS-DILUTED>                                     0.77
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                     91,142
<LOANS-PAST>                                   492,697
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               302,903
<CHARGE-OFFS>                                   12,415
<RECOVERIES>                                     6,652
<ALLOWANCE-CLOSE>                              352,140
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000930548
<NAME> RECKSON ASSOCIATES REALTY CORP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,529
<SECURITIES>                                         0
<RECEIVABLES>                                   85,449
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                88,978
<PP&E>                                       1,700,264
<DEPRECIATION>                                 145,632 
<TOTAL-ASSETS>                               1,772,817
<CURRENT-LIABILITIES>                           57,192
<BONDS>                                        833,239
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         92
<COMMON>                                           401
<OTHER-SE>                                     707,665
<TOTAL-LIABILITY-AND-EQUITY>                 1,772,817
<SALES>                                        183,622
<TOTAL-REVENUES>                               192,983
<CGS>                                                0
<TOTAL-COSTS>                                   73,581
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              34,537
<INCOME-PRETAX>                                 46,767
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             46,767
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (1,670)
<CHANGES>                                            0
<NET-INCOME>                                    28,051
<EPS-PRIMARY>                                      .71
<EPS-DILUTED>                                      .70
        

</TABLE>
HUGHES v. RIVERA-ORTIZ, M.D., et al.

No. 611A07.

Supreme Court of North Carolina.

April 3, 2008.

Harvey L. Cosper, Lori Keeton, Leigh A. Kite, Charlotte, for Rivera-Ortiz.

Scott M. Stevenson, Charlotte, Tash L. Winebarger, for Callaway Asso.

The following order has been entered on the motion filed on the 3rd day of April 2008 by Plaintiff for Extension of Time to File Brief:

"Motion Allowed. Plaintiff (Hughes) shall have up to and including the 21st day of April 2008 to file and serve his/her brief with this Court. By order of the Court in conference this the 3rd day of April 2008."
# **Exhibit32.1**

# ** **

# **OFFICER’S CERTIFICATION**

 

 

Pursuant to 18 U.S.C. Section 1350, the ChiefExecutive Officer of Western Sizzlin Corporation (the “Company”), herebycertifies that the Form 10-Q for the period ended September 30, 2005 and thefinancial statements contained therein, fully comply with the requirements ofSections 13(a) or 15(d) of the Securities Exchange Act of 1934, and theinformation contained in the Form 10-Q and the financial statements theretofairly present, in all material respects, the financial condition and resultsof operations of the Company as of September 30, 2005, and the period thenended.

 

 
| /s/ James C. Verney |   | November 14, 2005 |
|---------------------|--------|-------------------|

 

 

----
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on September 20, 2005, at the North Tahoe Conference Center, 8318 N. Lake Blvd., Kings Beach, CA. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

# DATES:

The meeting will be held September 20, 2005, beginning at 1 p.m. and ending at 5 p.m.

# ADDRESSES:

The meeting will be held at the North Tahoe Conference Center, 8318 N. Lake Blvd., Kings Beach, CA.

# FOR FURTHER INFORMATION CONTACT:

Gloria Trahey, Lake Tahoe Basin Management Unit, Forest Service, 35 College Drive, South Lake Tahoe, CA 96150, (530) 543-2643.

# SUPPLEMENTARY INFORMATION:

The committee will meet jointly with the Lake Tahoe Basin Executives Committee. Items to be covered on the agenda include: (1) A Public Workshop co-hosted by the Tahoe Regional Planning Agency; and (2) and an update on the Southern Nevada Public Land Management Act Process. All Lake Tahoe Basin Federal Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend at the above address. Issues may be brought to the attention of the Committee during the open public comment period at the meeting or by filing written statements with the secretary for the committee before or after the meeting. Please refer any written comments to the Lake Tahoe Basin Management Unit at the contact address stated above.

Dated: August 25, 2005.

Tyrone Kelley,

Deputy Forest Supervisor.

[FR Doc. 05-17407 Filed 8-31-05; 8:45 am]

BILLING CODE 3410-11-M
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF SSI CAPITAL CORP. (DECEMBER 31, 1996) AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001044577
<NAME> ORALABS HOLDING CORP.

<S>                                          <C>
<PERIOD-TYPE>                                1-MO
<FISCAL-YEAR-END>                          NOV-30-1996<F1>
<PERIOD-END>                               DEC-31-1996
<CASH>                                         192,146
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 192,146
<CURRENT-LIABILITIES>                           27,760
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,749
<OTHER-SE>                                     162,637
<TOTAL-LIABILITY-AND-EQUITY>                   192,146
<SALES>                                              0
<TOTAL-REVENUES>                                   651
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,683
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,032)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,032)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,032)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0

<FN>

<F1> OraLabs Holding  Corp. is the  successor  to SSI  Capital  Corp.  Financial
     Statements  of SSI Capital  Corp.  for December 1996 are filed to reflect a
     change in fiscal year adopted in May 1997.

</FN>



</TABLE>
**EXHIBIT 15.1**

 

ClubCorp, Inc. 

Dallas, Texas 

 

Ladies and Gentlemen: 

 

Re: Registration Statements Nos. 33-89818, 33-96568, 333-08041, 333-57107 and 333-52612 

 

With respect to the subject registration statements, we acknowledge our awareness of the usetherein of our report dated May 6, 2004, related to our review of interim financial information. 

 

Pursuant to Rule 436(c) under the Securities Act of 1933 (the Act), such report is not considered part of a registration statement prepared or certified by an accountant or a report prepared or certified by anaccountant within the meaning of Sections 7 and 11 of the Act. 

 

KPMG LLP 

 

Dallas, Texas 

May 6, 2004
# C_2023015EN.01004701.xml

| 16.1.2023 | EN | Official Journal of the European Union | C 15/47 |
| --- | --- | --- | --- |

16.1.2023

EN

Official Journal of the European Union

C 15/47

---

Action brought on 8 November 2022 — Puma v EUIPO — Herno (HERZO)

(Case T-719/22)

(2023/C 15/61)

Language in which the application was lodged: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Herno SpA (Lesa, Italy)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark HERZO — Application for registration No 18 194 554

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 19 July 2022 in Case R 297/2022-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs, including those incurred before the Board of Appeal. |
| --- | --- |

—

order EUIPO to pay the costs, including those incurred before the Board of Appeal.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
HONACHER v. EVERSON

No. COA07-251

Court of Appeals of North Carolina.

Filed February 19, 2008.

Certification Date March 10, 2008.

Appeal from Rockingham (03CVS1334).

Decision without published opinion. Affirmed.