alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 03-391 IN THE SUPREME COURT OF THE STATE OF MONTANA 2004 MT 235 STATE OF MONTANA, Plaintiff and Respondent,
v. BRYAN JAMES REDLICH, Defendant and Appellant.

APPEAL FROM: District Court of the Fifth Judicial District, In and for the County of Beaverhead, Cause No. DC 2002-2905, The Honorable Loren Tucker, Judge presiding.
COUNSEL OF RECORD: For Appellant: Wendy Holton, Attorney at Law, Helena, Montana For Respondent: Hon. Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana W. G. Gilbert, III, City Attorney, Dillon, Montana Submitted on Briefs: December 11, 2003 Decided: August 31, 2004 Filed:

__________________________________________ Clerk2 Justice Jim Regnier delivered the Opinion of the Court. ¶1 Bryan James Redlich (Redlich) appeals from an order of the Fifth Judicial District Court, Beaverhead County, entered on March 28, 2003, denying his motion to suppress evidence obtained after a warrantless search of a home he occupied as a party guest. We affirm. ¶2 The issue on appeal is whether the District Court erred in denying Redlich’s motion to suppress. BACKGROUND, STANDARD OF REVIEW AND DISCUSSION ¶3 Redlich’s appeal stems from the same facts as State v. Smith, 2004 MT 234, 322 Mont. 466, ___ P.3d ___. We need not recite the facts and standard of review here; instead we refer the reader to our opinion in Smith . The only relevant difference is that upon entering the apartment, the officers found Redlich in a bedroom rather than in the bathroom, where they found Smith. Redlich was charged with Unlawful Transactions with Children and Underage Possession of Alcohol. Like Smith, Redlich filed a motion to suppress evidence obtained during the warrantless search of the apartment. Redlich appeals the denial of said motion. ¶4 Based on the same rationale as we set forth in ¶¶ 8-11 of Smith, we affirm the District Court. The District Court did not err by denying Redlich’s motion to suppress. Redlich did not have a reasonable expectation of privacy from the police in the common areas of the apartment, and thus did not having standing to challenge the search. ¶5 Affirmed.3 /S/ JIM REGNIER
We Concur: /S/ KARLA M. GRAY /S/ PATRICIA O. COTTER /S/ JOHN WARNER /S/ W. WILLIAM LEAPHART /S/ JAMES C. NELSON /S/ JIM RICE
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 RG Global Lifestyles, Inc. (the
"Company") on Form 10-Q for the quarter ended December 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Richard Lambright, Principal Accounting Officer of the Company, certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2001, that:





The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





Dated:
February 22, 2010








/s/ Richard
      Lambright
              Richard
      Lambright
              Principal
      Accounting Officer
**Order of the Court (Eighth Chamber) of 25 November 2008 – TEA v Commission**

**(Case C‐500/07 P)**

Appeal – Action for annulment – Time-limit for bringing proceedings – Starting point – Action seeking a ruling from the Court of First Instance on the personal scope of a Commission decision – Manifest lack of jurisdiction

1.                     *Actions for annulment – Time-limits – Point from which time starts to run –Publication or notification (Art. 230, fifth para.,
EC) (see paras 21-23)*

2.                     *Procedure – Application by a natural or legal person for a declaration relating to the scope ratione personae of a Commission
decision – Lack of jurisdiction of the Community judicature (Art. 230 et seq. EC) (see paras 32‐33)*

**Re:**

| | | | | |
| --- | --- | --- | --- | --- |
| Appeal against the order made by the Court of First Instance (Fourth Chamber) on 17 September 2007 in Case T‐175/07 | Territorio Energia Ambiente SpA | v | Commission | by which that Court dismissed an application for a ruling that Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21), did not apply to the appellant and, in the alternative, that the appellant did not benefit from any unlawful aid, and for the consequential annulment, in so far as necessary, of that decision. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the appeal; |

| | | |
| --- | --- | --- |
| 2. | | Orders Territorio Energia Ambiente SpA (TEA) to pay the costs. |
RAGLAND v. NASH-ROCKY MOUNT BOARD OF EDUCATION

251P16-1

Supreme Court of North Carolina.

September 22, 2016

Kimarlo A. Ragland, Pro se.

Ms. Deborah R. Stagner, Attorney at Law, For Nash-Rocky Mount Board Of Education

The following order has been entered on the motion filed on the 11th of August 2016 by Petitioner for Addendum to Notice of Appeal and Petition for Discretionary Review:

"Motion Dismissed as moot by order of the Court in conference, this the 22nd of September 2016. "
Matthew S. Lennon, Plaintiff, v. State of North Carolina; The North Carolina Department of Justice, Roy Cooper, in his official capacity as the Attorney General for the State of North Carolina; The North Carolina Department of Public Safety; and Frank L. Perry, in his official capacity as the Secretary of The North Carolina Department of Public Safety, Defendants.

No. COA 15-1341

Court of Appeals of North Carolina.

Filed: August 16, 2016

REVERSED AND REMANDED.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3979 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3979

  To amend the Internal Revenue Code of 1986 to ensure that emergency 
 services volunteers are not taken into account as employees under the 
shared responsibility requirements contained in the Patient Protection 
                        and Affordable Care Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2014

  Mr. Barletta (for himself, Mr. Bachus, Mr. Barr, Mr. Collins of New 
   York, Mr. Cotton, Mr. Rodney Davis of Illinois, Mr. Fincher, Mr. 
   Fitzpatrick, Mr. Gardner, Mr. Gerlach, Mr. Grimm, Mr. Hanna, Mr. 
 Huizenga of Michigan, Mr. Jones, Mr. Joyce, Mr. Lance, Mr. LoBiondo, 
   Mr. Marino, Mr. McKinley, Mr. Meadows, Mr. Meehan, Mrs. Miller of 
 Michigan, Mr. Perry, Mr. Pitts, Mr. Renacci, Mr. Runyan, Mr. Shuster, 
Mr. Simpson, Mr. Thompson of Pennsylvania, Mr. Griffin of Arkansas, Ms. 
Jenkins, Mr. Reed, Mr. Reichert, Mr. Kelly of Pennsylvania, Mr. Tiberi, 
  Mr. Young of Indiana, and Mr. Sam Johnson of Texas) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to ensure that emergency 
 services volunteers are not taken into account as employees under the 
shared responsibility requirements contained in the Patient Protection 
                        and Affordable Care Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Volunteer Firefighters 
and Emergency Responders Act''.

SEC. 2. EMERGENCY SERVICES VOLUNTEERS.

    (a) In General.--Section 4980H(c) of the Internal Revenue Code of 
1986 is amended by redesignating paragraphs (5), (6), and (7) as 
paragraphs (6), (7), and (8), respectively, and by inserting after 
paragraph (4) the following new paragraph:
            ``(5) Special rule for certain emergency services 
        volunteers.--Any qualified service rendered as a bona fide 
        volunteer to an eligible employer shall not be taken into 
        account under this section as a service provided by an 
        employee. For purposes of the preceding sentence, the terms 
        `qualified service', `bona fide volunteer', and `eligible 
        employer' shall have the respective meanings given such terms 
        under section 457(e).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2013.
                                 <all>
```
# C_2008197EN.01002202.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/22 |
| --- | --- | --- | --- |

2.8.2008

EN

Official Journal of the European Union

C 197/22

---

Judgment of the Court of First Instance of 25 June 2008 — Zipcar, Inc. v OHIM — Canary Islands Car (ZIPCAR)

(Case T-36/07) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community word mark ZIPCAR - Earlier national word mark CICAR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 197/38)

Language of the case: English

Parties

Applicant: Zipcar, Inc. (Cambridge, Massachusetts, United States) (represented by: M. Elmslie, Solicitor, and N. Saunders, Barrister,)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Canary Islands Car, SL (San Bartolome, Spain)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 November 2006 (case R 122/2006-2) relating to opposition proceedings between Canary Islands Car, SL and Zipcar, Inc.

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

| 2. | Orders Zipcar, Inc. to pay the costs. |
| --- | --- |

2.

Orders Zipcar, Inc. to pay the costs.

---

(1)  OJ C 82, 14.4.2007.

1

---
# C_2008092EN.01000902.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/9 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/9

---

Judgment of the Court (Fifth Chamber) of 21 February 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-328/07) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2004/48/EC - Enforcement of intellectual property rights - Failure to transpose within the prescribed period)

(2008/C 92/15)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: W. Wils, acting as Agent)

Applicant:

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt the provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, and Corrigendum OJ 2004 L 195, p. 16)

Operative part of the judgment

The Court:

| 1) | Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

1)

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

| 2) | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2)

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 211, 8.9.2007.

1

---
EXHIBIT 32.1 Certification Pursuant to Exchange Act Rule 15d-14(b) and 18
U.S.C. Section
1350 In
connection with the Annual Report of First Virtual Communications, Inc. and
subsidiary (the Company) on Form 10-KSB for the year ended December 31, 2004,
as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Gregory Sterling, Chief Restructuring Officer of the Company,
certify, to the best of my knowledge, pursuant to Exchange Act Rule 15d-14(b)
and 18 U.S.C.  Section 1350, as adopted
pursuant to Section 906 of the Sarbanes Oxley Act of 2002, that: i
  
  The Report
  fully complies with the  requirements
  of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; andii
  
  The
  information contained in the Report fairly presents, in all material
  respects, the financial condition and results of operations of the Company. 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 First Virtual
Communications, Inc. and will be retained by First Virtual Communications, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request. Date:
  December 9, 2005
  FIRST VIRTUAL COMMUNICATIONS, INC.By:
  /s/ Gregory
  SterlingGregory
  SterlingChief
  Restructuring Officer(Duly
  Authorized Officer and Principal Financial Officer)
----

----

**CONSENT OF QUALIFIEDPERSON**

I, Philip Edward Jankowski, confirmthat:

I am the Qualified Person for the  Mineral Resource section of the Amended Annual  Information Form of Nevsun Resources Ltd. dated  April  19, 2018 (“Amended AIF”).

I have read National Instrument 43-101 Standards of Disclosure for Mineral Projects (“NI 43-101”) and understand these Standards as pertains to the work for which I am responsible as disclosed in the Amended AIF.

I am Chief Resource Geologist ofthe Bisha Mining Share Company, a graduate of the Australian NationalUniversity with a Bachelor of Science degree in Geology in 1986 and a GraduateDiploma in Geology in 1988, and a graduate of the University of WesternAustralia with a Master of Science degree in Geology in 2000. I am a Member ofthe Australasian Institute of Mining and Metallurgy and a CharteredProfessional (Geology). I have 29 years’ mining industry experience, includingresource estimation, consulting, open pit and underground mine geology, andexploration roles in a wide range of metallic deposits.

I am a Qualified Person as defined in NI 43-101, having 29 years of experience which is relevant to the style of mineralization and type of deposit described in the Amended AIF, and to the activity for which I am accepting responsibility.

I have reviewed the Amended AIF to which this statement of consent applies.

I am not independent of theissuer as described by Section 1.4 of NI 43-101.

I verify that the information in the Amended AIF is based on and fairly and accurately reflects in the form and context in which it appears, the information in my supporting documentation relating to Mineral Resources. 

I consent to the release of the Amended AIF and this statement of consent by Nevsun Resources Ltd.

Dated this 19th day of April 2018 

*“Philip Jankowski”*

__________________________   Signature  of Qualified Person

PhilipEdward Jankowski MSc MAusIMM(CP)

__________________________

Printname of Qualified Person

----
<PAGE>
                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C.Section 1350, as adopted), Jonathan Morgan, Chief Executive Officer of
First Virtual CommunicatIONs, Inc. (the "Company"), and Truman Cole, Chief
Financial Officer of the Company, each hereby certify that, to the best of their
knowledge:

1.       The Company's Annual Report on Form 10-K for the period ended December
         31, 2002, to which this Certification is attached as Exhibit 99.1 (the
         "ANNUAL 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 Annual Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

         A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission ("SEC") or its staff upon request.

         This certification accompanies the Form 10-K to which it relates, is
not deemed filed with the SEC and is not to be incorporated by reference into
any filing of the Company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-K), irrespective of any general incorporation language
contained in such filing.

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

                                                     /s/Jonathan Morgan
                                                     ---------------------------
                                                     Jonathan Morgan
                                                     Chief Executive Officer

                                                     /s/Truman Cole
                                                     ---------------------------
                                                     Truman Cole
                                                     Chief Financial Officer
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

136483 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136483 

 COA: 275683 

Wayne CC: 06-008107-01

DARRUL LEE STOCKS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 25, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

t0828 

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 9, 2008 

 Clerk
<PAGE>
                                                                    EXHIBIT 11.1



                           COMPUTATION OF PER SHARE EARNINGS



<TABLE>
<CAPTION>
                                              Quarter Ended               Year Ended
                                               December 25,               December 25,
                                        -------------------------   -------------------------
                                           1997           1996         1997          1996
                                        -----------   -----------   -----------   -----------
<S>                                     <C>           <C>           <C>           <C>
Net Income                              $ 7,163,000   $ 6,713,000   $30,981,000   $31,555,000


Shares used to compute
   earnings per share - Basic            19,258,042    19,222,200    19,237,909    19,220,238


Earnings Per Share - Basic              $      0.37   $      0.35   $      1.61   $      1.64


Shares used to compute
   earnings per share including
   common stock equivalents - Diluted    19,452,556    19,391,620    19,418,277    19,389,658


Earnings Per Share - Diluted            $      0.37   $      0.35   $      1.60   $      1.63
</TABLE>


<PAGE>
EXHIBIT 32: Rule 13a-14(b) CERTIFICATION


The undersigned officers certify that this report fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934, and
that the information contained in the report fairly presents, in all
material respects, the financial condition and results of operations of
Ultradata Systems Incorporated.

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

May 5, 2005                             /s/  Monte Ross
                                        ---------------------------
                                        Monte Ross
                                        (Chief executive officer)

	   				/s/ Ernest S. Clarke
                                        ---------------------------
                                        Ernest S. Clarke
					(Chief financial officer)
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 Annual Report of Coastal Bancorp, Inc. (the "Company") on Form 10-K for the year ended December 31, 2003
as filed with the Securities and Exchange Commission on March 12, 2004 (the "Report"), I, Catherine N. Wylie, 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:



|Dated March 12, 2004 |  | By |  | /s/CATHERINE N. WYLIECatherine N. Wylie
Chief Financial Officer
|-------------------- |  | -- |  | ---------------------------------------------------------------





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

---

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