alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1689.

#### SMITH *v.*THE STATE.

Ordinarily, where intoxicating liquors are found in a person’s place of business, an inference that he is guilty of a violation of the prohibition law, in keeping such liquors at his place of business, may arise. But where the uncontradieted evidence shows that the liquor was brought into his place of business and hidden therein without his knowledge, by one not connected with the place of business, this inference of g-uilt would cease to be of sufficient evidentiary value to authorize a conviction.

Certiorari, from Baldwin superior court — Judge Lewis. January 13, 1909.

Submitted March 9,

Decided March 16, 1909.

*D. B. & D. S. Sanford,*for plaintiff in error.

*Joseph B. Pottle, solicitor-general, Carl Vinson,*contra.

Hill, C. J.

The plaintiff in error was convicted of a violation of the prohibition law, in that he “did keep on hand at his place of business in the city of Milledgeville, Ga., to wit, his restaurant and café, alcoholic, spirituous, malt, and intoxicating liquors.” The only evidence in support of the verdict is the fact that two pints of whisky were found hidden in one corner of his restaurant, covered up by dirt. The defendant denied all knowledge of the whisky, and aided the officers in making search therefor. In addition to his denial of any knowledge of the presence of the whisky in his restaurant, it was positively testified by his daughter, a married woman, who had no connection with the restaurant, that she, on the day the whisky was found, had brought it into her father’s restaurant without his knowledge, and had hidden it in the restaurant where it was found, intending to take it away that night. In addition to this positive testimony, it was shown by another witness that this woman had sold him a pint of whisky, *835for which, she had been tried and convicted in the city court. The ■defendant proved a good character.

Finding intoxicating liquors in the place of business of the defendant would ordinarily raise against him an inference of guilt; yet we think that where, as in this case, the evidence shows, that the liquor was taken into the defendant’s restaurant and hidden in a corner and covered up with dirt, without his knowledge, such inference of guilt Avould be fully removed; and a verdict of guilty, based alone on such inference, would be wholly unauthorized.

*Judgment reversed.*
# CE2004070EN.01016302.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/163 |
| --- | --- | --- | --- |

20.3.2004

EN

Official Journal of the European Union

CE 70/163

---

(2004/C 70 E/173)

WRITTEN QUESTION E-2925/03

by Salvador Garriga Polledo (PPE-DE) to the Commission

(6 October 2003)

Subject:   European productivity pact

Subject:

Historically, Europe and Spain have ranked low on productivity, one of the principal reasons being the absence of any large-scale application of new technology to production processes, unlike the USA, which according to the ILO, is the world's most productive country, with average growth running at 2,2 % for the last seven years.

Europe clearly needs to learn its lesson, and deal with its productivity deficit, something which requires an intra-Community pact at European level to boost Europe's low productivity rates.

Does the Commission believe that following the success of the Economic Stability Pact, it should now put forward a European productivity pact, with a view to making up lost ground vis-à-vis the USA, and enable the Old World to catch up with the productivity rates of the US economy?

Answer given by Mr Solbes Mira on behalf of the Commission

(4 November 2003)

(4 November 2003)

The Commission agrees with the assessment that — contrary to the United States in the second half of the 1990s — the Union has failed to create jobs and raise labour productivity growth at the same time. In recent years, the Union has succeeded in raising the employment rate, while, in contrast to the United States, labour productivity growth has slowed down.

In view of the Union's lagging performance in the second half of the 1990s, the Lisbon European Council of March 2000 set the goal for the Union to become within a decade the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion. The European Council has also agreed a structural reform agenda, which is known as the Lisbon Strategy.

Since then, the European Council has met annually to assess progress on the ‘Lisbon Strategy’ and to identify priorities for action. The recent ‘Growth Initiative’ by the Italian presidency and the Commission has identified accelerating structural reforms and promoting investment in infrastructure and human capital as key priorities for improving the growth performance of the Union economy. In this sense, a European productivity pact is already operational.

---
##### 



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 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), each of the undersigned officers of Kitty Hawk,
Inc. (the Company), does hereby certify, to such officers knowledge, that: The quarterly report on Form 10-Q for the three months ended March 31, 2005 (the Form 10-Q)
of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of
the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents,
in all material respects, the financial condition and results of operations of the Company as of,
and for, the periods presented in the Form 10-Q. Date: May 9, 2005
    By:
    /s/ ROBERT W. ZOLLER, JR.Robert W. Zoller, Jr.Chief Executive Officer and PresidentDate: May 9, 2005
    By:
    /s/ RANDY S. LEISERRandy S. LeiserVice President and Chief Financial Officer The foregoing certification is being furnished as an exhibit to the Form 10-Q pursuant to Item
601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being
filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not incorporated by reference into any filing of the Company, whether made
before or after the date hereof, regardless of any general incorporation language in such filing.
302 CERTIFICATION

I, Glen R. Gamble, certify that:

         1. I have reviewed the annual report on Form 10-KSB of
Pinnacle Resources, Inc.;

         2. Based on my knowledge, this annual 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 annual 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 officers and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 12a-14) and internal
controls over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:

      a)  designed  such  disclosure  controls  and  procedures  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
annual report is being prepared;

      b) evaluated the  effectiveness of the registrant's  disclosure
controls and procedures as of a date within 90 days prior to the filing
date of this annual report (the "Evaluation Date"); and

      c)  presented in this annual report our conclusions about the
effectiveness  of the disclosure  controls and procedures based on our
evaluation as of the Evaluation Date;

         5. The registrant's other certifying officers and I have
disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of 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; and

         b) any fraud, whether or not material, that involves
management or other employees who have a significant role in the
registrant's internal controls over financial reporting.

Date: October 12, 2004              /s/Glen R. Gamble
                                   ----------------------------
                                   Glen R. Gamble
                                   President & Chief Executive Officer
# CE2004078EN.01027001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/270 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/270

---

(2004/C 78 E/0270)

WRITTEN QUESTION E-3352/03

by Roger Helmer (PPE-DE) to the Commission

(13 November 2003)

Subject:   Single Market rules

Subject:

You will be familiar with the plans of the British Government to ban hunting with hounds in England and Wales (a ban of sorts already exists in Scotland). The likely effect of such a ban would be to drive hunt followers to visit other EU countries where fox-hunting is still legal, for example Ireland, to pursue their sport.

Given the considerable commercial implications of country sports like fox-hunting, there appears to be a ‘prima facie’ case that a hunting ban in England and Wales would create a serious distortion of trade, both in tourism and in the equestrian business, and thus breach the spirit if not the letter of the Single Market.

Please may I have the Commission's views on this question?

Answer given by Mr Bolkestein on behalf of the Commission

(17 December 2003)

(17 December 2003)

On the basis of the information provided by the Honourable Member in his question, the Commission does not see how any future decision by the British Government to ban hunting with hounds in England and Wales would be incompatible with Single Market rules.

More specifically, the mere fact that this type of activity is legal in other Member States and the economic repercussions that such a decision could have are not, as such, sufficient to identify an infringement of the Treaty in this instance.

---
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

ERIC X. RAMBERT,

Appellant

v.

BOARD OR PROBATION AND PAROLE, JOHN DEITRICT, CORRECTIONS COUNSELOR, CARRINGTON, PAROLE AGENT SUPERVISOR, JOHN/JANE DOE, RECORDS SUPERVISOR, JOHN E. WETZEL, SECRETARY,

Appellees :

:

:

:

:

:

:

:

:

:

: No. 30 WAP 2016

Notice of Appeal and Jurisdictional

Statement

ORDER

PER CURIAM

AND NOW , this 2 nd day of December , 2016, the Notice of Appeal is Quashed

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from consolidated
financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             JAN-01-2000             JAN-01-1999
<PERIOD-END>                               MAR-31-2000             MAR-31-1999
<CASH>                                          17,107                   2,187
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  100,813                  72,780
<ALLOWANCES>                                         0                       0
<INVENTORY>                                      8,210                   6,910
<CURRENT-ASSETS>                               143,801                  94,272
<PP&E>                                          63,455                  51,799
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 392,849                 308,947
<CURRENT-LIABILITIES>                           28,000                  27,561
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           483                     479
<OTHER-SE>                                     155,392                 152,789
<TOTAL-LIABILITY-AND-EQUITY>                   392,849                 308,947
<SALES>                                              0                       0
<TOTAL-REVENUES>                                65,765                  49,048
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                42,568                  32,382
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                 788                     350
<INCOME-PRETAX>                                 22,528                  16,316
<INCOME-TAX>                                     8,504                  6,1596
<INCOME-CONTINUING>                             14,024                  10,157
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                   (678)
<NET-INCOME>                                    14,024                   9,479
<EPS-BASIC>                                        .29                     .20
<EPS-DILUTED>                                      .29                     .19


</TABLE>
<PAGE>

Exhibit 99.1

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350, as adopted), David DeWalt, Chief Executive Officer of Documentum, Inc.
(the "Company"), and Mark Garrett, Chief Financial Officer of the Company, each
hereby certify that, to the best of their knowledge:

         1.       The Company's Quarterly Report on Form 10-Q for the period
                  ended March 31, 2003, to which this Certification is attached
                  as Exhibit 99.1 (the "Quarterly Report") fully complies with
                  the requirements of section 13(a) or section 15(d) of the
                  Securities Exchange Act of 1934, 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.

In WITNESS WHEREOF, the undersigned have set their hands hereto as of the 15th
day of May, 2003.

         /s/ David DeWalt                            /s/ Mark Garrett
         -----------------------------               --------------------------
         David DeWalt                                Mark Garrett
         Chief Executive Officer                     Chief Financial Officer

* A signed original of this written statement required by Section 906 has been
provided to Documentum, Inc. and will be retained by Documentum, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
##### 



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 on Form 10-Q of Brown Jordan International, Inc. (the
Company) for the period ended September 24, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, James R. Malone, President, Chief Executive
Officer and Vice Chairman of the Board Of Directors of the Company, hereby 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, 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. Date: January 12, 2005
    By:

/s/ James R. MaloneJames R. MalonePresident, Chief Executive Officer and
Vice Chairman of the Board Of Directors
# C_2008128EN.01002602.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/26 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/26

---

Order of the President of the First Chamber of the Court of 27 February 2008 (reference for a preliminary ruling from the Oberlandesgericht Stuttgart, Germany) — Raiffeisenbank Mutlangen eG v Roland Schabel

(Case C-99/06) (1)

1

(2008/C 128/48)

Language of the case: German

Language of the case: German

The President of the First Chamber of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 96, 22.4.2006.

1

---
# C_2009069EN.01003402.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/34 |
| --- | --- | --- | --- |

21.3.2009

EN

Official Journal of the European Union

C 69/34

---

Judgment of the Court of First Instance of 28 January 2009 — Centro Studi Manieri v Council

(Case T-125/06) (1)

1

(Public service contracts - Tendering procedure for full crèche management - Decision to have recourse to the services of the Office for Infrastructure and Logistics (OIB) and to abandon a tendering procedure)

(2009/C 69/80)

Language of the case: Italian

Parties

Applicant: Centro Studi Antonio Manieri Srl (Rome, Italy) (represented by: C. Forte, M. Forte and G. Forte, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: A. Vitro, P. Mahnič and M. Balta, acting as Agents)

Defendant:

Re:

Application, first, for annulment of the decision of the Council, made public by letter of its General Secretariat of 16 January 2006, abandoning the tendering procedure 2003/S 209-187862 for the full management of a crèche; second, for annulment of the decision to accept the proposal of the Office for Infrastructure and Logistics (OIB) for the management of those services; and, third, for damages.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Centro Studi Antonio Manieri Srl to pay its own costs as well as the costs incurred by the Council. |
| --- | --- |

2.

Orders Centro Studi Antonio Manieri Srl to pay its own costs as well as the costs incurred by the Council.

---

(1)  OJ C 131, 3.6.2006.

1

---
# C_2008128EN.01003801.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/38 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/38

---

Judgment of the Civil Service Tribunal (First Chamber) of 8 April 2008 — Bordini v Commission

(Case F-134/06) (1)

1

(Staff cases - Officials - Pensions - Correction coefficient - Member State of residence - Concept of residence - Concept of principal residence - Documents in support)

(2008/C 128/80)

Language of the case: French

Parties

Applicant: Giovanni Bordini (Dover, United Kingdom) (represented by: L. Levi, C. Ronzi and I. Perego, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: M.J. Currall and M.D. Martin, Agents)

Defendant:

Re:

Staff case — First, annulment of the Commission decision of 25 January 2006 failing to recognise that the applicant is resident in the United Kingdom and, in consequence, failing to apply to his pension the correction coefficient for that Member State and, second, a claim for damages

Operative part of the judgment

The Tribunal:

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

1.

Dismisses the action;

| 2. | Orders the Commission of the European Communities to bear its own costs and to pay half of the costs which Mr Bordini incurred in respect of the informal meeting of 5 June 2007; |
| --- | --- |

2.

Orders the Commission of the European Communities to bear its own costs and to pay half of the costs which Mr Bordini incurred in respect of the informal meeting of 5 June 2007;

| 3. | Save in respect of half of the costs which he incurred in respect of the informal meeting of 5 June 2007, orders Mr Bordini bear his own costs. |
| --- | --- |

3.

Save in respect of half of the costs which he incurred in respect of the informal meeting of 5 June 2007, orders Mr Bordini bear his own costs.

---

(1)  OJ C 326, 30.12.2006, p. 87.

1

---
OCWEN LOAN SERVICES, LLC and Deutche Bank National Trust Company as TRustee for the Holders of DSAMP 2002-HE2, Mortgage Pass Through Certificates Series 2002-HE2, Plaintiffs, v. William HEMPHILL, United States Department of Treasury-Internal Revenue Service, Lien Holder; Southern Concrete Materials, Inc., Judgment Creditor; Brevard Concrete Materials, LLC, Judgment Creditor; Kingsway Ready Mix, Inc., Judgment Creditor; and Patrick Cooper, Judgment Creditor, Defendants.

No. COA15-67.

Court of Appeals of North Carolina.

Sept. 15, 2015.

**Case Reported Without Published Opinion**

Affirmed.