alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order Michigan Supreme Court 

Lansing, Michigan 

September 26, 2008 Clifford W. Taylor,

 Chief Justice 

136203 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

ACEMCO, INCORPORATED,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136203 

 COA: 272491 

Muskegon CC: 04-043203-CK 

RYERSON TULL COIL PROCESSING,

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 15, 2008 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in 

lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. 

The parties’ Supply Agreement unambiguously provides a quantity term by stating that 

the total purchase volume “will be . . . 33,950,000 pounds . . . plus or minus 20%.” We 

REMAND this case to the Muskegon Circuit Court for reinstatement of the July 31, 2006 

order denying the defendant’s motion for summary disposition and for further 

proceedings consistent with this decision. 

KELLY, J. (concurring in part and dissenting in part). 

I agree with the decision to reverse the judgment of the Court of Appeals and 

remand this case to the trial court. 

Paragraph one of the parties’ supply agreement provides that “Buyer agrees to buy 

from Seller such quantities of [steel products] as the Buyer may specify in its purchase 

orders, the estimated volume of which will be a total of 33,950,000 pounds for all of the 

products, plus or minus 20%, over the term of the Agreement.” This language could be 

interpreted to mean that the plaintiff is not entitled to buy any steel products whatsoever 

from the defendant. But it is equally possible to interpret this clause to mean that the 

plaintiff had an obligation to purchase at least 27,170,000 (33,050,000 minus 20 percent) 

pounds of steel products over the course of the contract. Hence, the contract language is 

ambiguous. 
 _________________________________________ 

 

2 

Once a quantity term appears in a writing that is claimed to represent a contract for 

the sale of goods, parol evidence may be considered to resolve ambiguities. In re Frost 

Estate, 130 Mich App 556, 559 (1983). It is the jury that must decide what quantity, if 

any, the supply agreement specified in this case. Great Northern Packaging, Inc v 

General Tire & Rubber Co, 154 Mich App 777, 787 (1987). For that reason, the case 

should be remanded to the Muskegon Circuit Court for reinstatement of the July 31, 

2006, order denying the defendant’s motion for summary disposition. 

s0923 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 26, 2008 

Clerk
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<PERIOD-END>                               APR-30-1997
<CASH>                                           76913
<SECURITIES>                                         0
<RECEIVABLES>                                      609
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 77522
<PP&E>                                           10796
<DEPRECIATION>                                    7766
<TOTAL-ASSETS>                                   80552
<CURRENT-LIABILITIES>                           128781
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       1160694
<OTHER-SE>                                   (1208923)
<TOTAL-LIABILITY-AND-EQUITY>                     80552
<SALES>                                              0
<TOTAL-REVENUES>                                169960
<CGS>                                                0
<TOTAL-COSTS>                                   312553
<OTHER-EXPENSES>                                 10625
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                8583
<INCOME-PRETAX>                               (153218)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (153218)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                  (153218)
<EPS-PRIMARY>                                   (0.00)
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</TABLE>
ex10-13.htm


 


Exhibit 10.13


 







NOTICE OF CONVERSION












Global Clean Energy, Inc:












The undersigned hereby elects to surrender and convert a  portion of a certain past due promissory note dated April 15, 2008 due by Global Clean Energy, Inc, (the “Company”) in favor Profit Consultants Inc for $55,000.00, which was thereafter assigned to Whydah Communicacion, Inc, into shares of common stock of the Company (the “Common Shares”) according to the conditions hereof, as of the date written below.







Conversion Calculations:







Date of Conversion: October 4, 2012







Amount of Conversion: $55,000.00


Number of Common Shares to be issued: 1,580,000







Amount remaining on the purchased portion of the note following this conversion: $0.00






















Whydah Communicacion, Inc


By:







(s) Mark Marek







Name: Mark Marek


Title: President
CHRISTINE STANDING, BSc (Hons), MAusIMM, MAIG



CONSENT OF QUALIFIED PERSON

To:

US Securities and Exchange Commission



I, Christine Standing, BSc (Hons), MAusIMM, MAIG, do hereby consent to (i) the the incorporation by reference of the following document(s) into the annual information form (the AIF) of Nevsun Resources Ltd. (the Issuer) dated March 22, 2006 to be filed with certain Canadian securities commissions and the annual report on Form 40-F (the 40-F) of the Issuer to be filed with the United States Securities and Exchange Commission in connection therewith, and (ii) the inclusion of any extracts from or summary of such document(s) in the AIF and the 40-F:

1.

Technical Report on the Tabakoto Property, Mali West Africa, dated May 17, 2004

(collectively, the Technical Report).

I also certify that I have read the written disclosure (Mineral properties AIF 2006 excerpt.doc Section 1.1, dated 17/03/2006) being filed and I do not have any reason to believe that there are any misrepresentations in the information derived from the Technical Report or that the written disclosure in the AIF or the 40-F of the Issuer contains any misrepresentation of the information contained in the Technical Report.

Dated this 21 day of March, 2006

signed

_______________________
Christine Standing, BSc (Hons), MAusIMM, MAIG

[Seal or Stamp]
Eric D. McCall, Petitioner, v. State of South Carolina, Respondent.

Supreme Court of South Carolina.

September 13, 2016

ORDER

Petitioner filed a motion on May 31, 2016 for resentencing pursuant to Aiken v. Byars , 410 S.C. 534, 765 S.E.2d 572 (S.C. 2014). Now, therefore, pursuant to SC CONST. Art. V, § 4,

IT IS HEREBY ORDERED that the Honorable Kristi Lea Harrington be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.

Judge Harrington shall at all times be vested with concurrent jurisdiction in all circuits *761of the state to dispose of matters relating to this case, and shall decide all matters pertaining to the Petitioner's Motion, and shall retain jurisdiction over this matter regardless of where she may be assigned to hold court, and may schedule such hearings as may be necessary at any time without regard as to whether there is a term of court scheduled.

If necessary, to resolve issues related to the appointment of counsel, a hearing shall be conducted within thirty (30) days of this order.

Within sixty (60) days of the date of this order, Judge Harrington shall issue a scheduling order setting forth the schedule that shall be followed in this matter, including the date of the hearing on the merits. The scheduling order may be amended as necessary.

s/Costa M. Pleicones

Costa M. Pleicones

Chief Justice
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

AUG 27, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-14827

Non-Argument Calendar

________________________

D. C. Docket No. 06-00061-CR-OC-10-GRJ

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

CECILIO HERNANDEZ-PALACIOS, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(August 27, 2008)

Before DUBINA, BLACK and PRYOR, Circuit Judges.

PER CURIAM:

Michael Johnson, appointed counsel for Cecilio Hernandez-Palacios, has
2

filed a motion to withdraw on appeal supported by a brief pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d. 493 (1967). Our independent

review of the record reveals that counsel’s assessment of the relative merit of the

appeal is correct. Because independent examination of the entire record reveals no

arguable issues of merit, counsel’s motion to withdraw is GRANTED and

Hernandez-Palacios’s convictions and sentences are AFFIRMED.
<TABLE> <S> <C>


<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from MovieFone,
Inc.'s consolidated financial statements as of and for the twelve months
ended December 31, 1998 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       3,264,404
<SECURITIES>                                 5,263,868
<RECEIVABLES>                                5,603,400
<ALLOWANCES>                                    71,000
<INVENTORY>                                    241,374
<CURRENT-ASSETS>                            15,678,477
<PP&E>                                       7,335,327
<DEPRECIATION>                               5,493,357
<TOTAL-ASSETS>                              21,261,716
<CURRENT-LIABILITIES>                        7,724,984
<BONDS>                                              0
<PREFERRED-MANDATORY>                          128,351
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  13,536,732
<TOTAL-LIABILITY-AND-EQUITY>                21,261,716
<SALES>                                        217,428
<TOTAL-REVENUES>                            25,396,320
<CGS>                                          371,289
<TOTAL-COSTS>                                4,192,713
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                71,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,186,190)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,186,190)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,186,190)
<EPS-PRIMARY>                                   (0.18)
<EPS-DILUTED>                                   (0.18)
        




</TABLE>
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

      ( print page 55408)    
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 Nursing Research Special Emphasis Panel, NINR Institutional Training (T32) Grants.                    

*Date:*                         October 21, 2005.                    

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

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.                    

*Contact Person:*                         John E. Richters, PhD, Scientific Review Administrator, Office of Review, Division of Extramural Activities, National Institute of Nursing Research/NIH, 6701 Democracy Blvd., Room 713, MSC 4870, Bethesda, MD 20817, (301) 594-5971,                         *jrichters@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, National Institutes of Health, HHS)

Dated: September 13, 2005.

Anthony M. Coelho, Jr.,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-18863 Filed 9-20-05; 8:45 am]

BILLING CODE 4140-01-M
# C_2008301EN.01003701.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/37 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/37

---

Order of the Court of First Instance of 23 September 2008 — Dyckerhoff Polska v Commission

(Case T-196/07) (1)

1

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/62)

Language of the case: Polish

Parties

Applicant: Dyckerhoff Polska sp. z o.o. (Sitkówka-Nowiny, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, Agents)

Defendant:

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Dyckerhoff Polska sp. z o.o. shall bear its own costs and pay those incurred by the Commission. |
| --- | --- |

2.

Dyckerhoff Polska sp. z o.o. shall bear its own costs and pay those incurred by the Commission.

---

(1)  OJ C 170, 21.7.2007.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                    <C>
<PERIOD-TYPE>                          6-MOS
<FISCAL-YEAR-END>                      OCT-31-1998
<PERIOD-START>                         NOV-01-1997
<PERIOD-END>                           APR-30-1998
<CASH>                                     700,269
<SECURITIES>                                     0
<RECEIVABLES>                              771,676
<ALLOWANCES>                              (58,789)
<INVENTORY>                             11,132,309
<CURRENT-ASSETS>                                 0
<PP&E>                                   2,645,441
<DEPRECIATION>                           (529,541)
<TOTAL-ASSETS>                          17,374,762
<CURRENT-LIABILITIES>                            0
<BONDS>                                 10,461,447
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                 2,905,682
<OTHER-SE>                               2,353,041
<TOTAL-LIABILITY-AND-EQUITY>            17,374,762
<SALES>                                  8,458,088
<TOTAL-REVENUES>                         8,637,428
<CGS>                                    5,646,884
<TOTAL-COSTS>                            6,561,268
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          40,776
<INCOME-PRETAX>                          2,066,388
<INCOME-TAX>                               835,500
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                             1,230,888
<EPS-PRIMARY>                                    0
<EPS-DILUTED>                                 0.35
        

</TABLE>
In the Matter of: E.R.S. and C.N.S.

No. COA16-220

Court of Appeals of North Carolina.

Filed: September 6, 2016

AFFIRMED.
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)



In connection with the Quarterly Report of UAP Holding Corp. (the Company) on
Form 10-Q for the period ended November 27, 2005, as filed with the Securities and Exchange Commission (the Report), I, L. Kenneth Cordell, President and Chief Executive Officer of the Company, hereby certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to 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 11, 2006



By:

/s/  L. Kenneth CordellL. Kenneth CordellPresident and Chief Executive OfficerPrincipal Executive Officer
Electronically Filed Intermediate Court of Appeals CAAP-16-0000369 15-MAR-2019 08:16 AM
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.                  

###### Farm Credit System Insurance Corporation

# SUMMARY:

Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board). 

# DATE AND TIME:

 The meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on September 22, 2005, from 9 a.m. until such time as the Board concludes its business. 

# FOR FURTHER INFORMATION CONTACT:

Jeanette C. Brinkley, Secretary to the Farm Credit System Insurance Corporation Board, (703) 883-4009, TTY (703) 883-4056. 

# ADDRESSES:

Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102. 

# SUPPLEMENTARY INFORMATION:

Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: 

## Closed Session 

    - Report on System Performance

## Open Session 

### A. Approval of Minutes 

    - June 23, 2005 (Regular Meeting)

### B. Reports 

    - Financials
    - Report on Insured Obligations
    - Quarterly Report on Annual Performance Plan

### C. New Business 

    - Review of Insurance Premium Rates

—Rate for June to December 2005 

—Planning Range for 2006 
    - Proposed 2006 and 2007 Budgets
    - Annual Performance Plan for 2006-2007

Dated: September 13, 2005. 

Jeanette C. Brinkley, 

Secretary, Farm Credit System Insurance Corporation Board. 

[FR Doc. 05-18609 Filed 9-19-05; 8:45 am] 

BILLING CODE 6710-01-P