alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1539-07

ROBERT HUFFMAN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S AND STATE’S PETITIONS 

FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

JOHNSON, J., filed a concurring opinion.

O P I N I O N

The offense of failure to stop and render aid is defined in TEX. TRANSP.CODE § 550.021(c).

By its terms, the statute requires that the operator of a vehicle that has been involved in an accident

to do at least two of the three listed acts: stay (TEX. TRANSP. CODE § 550.021(a)(1)) and remain

(TEX. TRANSP. CODE § 550.021(a)(3)), or return (TEX. TRANSP. CODE § 550.021(a)(2)) and remain

(TEX. TRANSP. CODE § 550.021(a)(3)). Therefore, leaving the scene is only part of the gravamen

of the offense; the operator must also remain at the scene.
2

“Remain” requires more than merely being present at the scene; the operator must be present

at the scene until the operator has complied with the mandates of TEX. TRANSP. CODE § 550.023,

including providing name, address, and insurance information, and providing assistance to injured

persons. An operator could stop at or return to the scene, yet still commit an offense under § 550.021

if, while staying at the scene, the operator refused to reveal the required information or made no

effort to assist any injured party or obtain medical assistance for such a person.

With these comments, I join Judge Cochran’s concurring opinion and concur in the opinion

of the Court.

Filed: October 1, 2008

Publish
|   | **KPMG LLP      Chartered Accountants**      PO Box 10426 777 Dunsmuir Street      Vancouver BC V7Y 1K3      Canada | Telephone  (604) 691-3000      Fax              (604) 691-3031      Internet       www.kpmg.ca |
|--------|---------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

**Consent of Independent Registered Public Accounting  Firm**

The Board of Directors Nevsun Resources  Ltd.

We consent to the use of our reports,  each dated March 20, 2013, with respect to the consolidated financial  statements and the effectiveness of internal control over financial reporting,  incorporated by reference in this annual report on Form 40-F.

Chartered  Accountants

March  20, 2013Vancouver, Canada

|   | KPMG LLP is a Canadian limited liability partnership and a  member firm of the KPMG      network of independent member firms affiliated with KPMG International  Cooperative       (“KPMG International”), a Swiss entity.     KPMG Canada provides services to KPMG LLP. |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S  INCOME  STATEMENT  AND  BALANCE  SHEET  DATED  MARCH 31,  1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                               DEC-31-1999  
<PERIOD-START>                                  JAN-01-1999  
<PERIOD-END>                                    MAR-31-1999  
<CASH>                                             764  
<SECURITIES>                                         0  
<RECEIVABLES>                                      899  
<ALLOWANCES>                                         0  
<INVENTORY>                                      5,074  
<CURRENT-ASSETS>                                 6,949  
<PP&E>                                           1,195  
<DEPRECIATION>                                       0  
<TOTAL-ASSETS>                                   8,160  
<CURRENT-LIABILITIES>                            3,056  
<BONDS>                                              0  
<PREFERRED-MANDATORY>                                0  
<PREFERRED>                                          0  
<COMMON>                                        20,647 
<OTHER-SE>                                           0  
<TOTAL-LIABILITY-AND-EQUITY>                     8,160  
<SALES>                                          3,665  
<TOTAL-REVENUES>                                 3,665  
<CGS>                                            2,207  
<TOTAL-COSTS>                                    2,207  
<OTHER-EXPENSES>                                 2,268  
<LOSS-PROVISION>                                     0  
<INTEREST-EXPENSE>                                   0  
<INCOME-PRETAX>                                   (823) 
<INCOME-TAX>                                         0  
<INCOME-CONTINUING>                                  0  
<DISCONTINUED>                                       0  
<EXTRAORDINARY>                                      0  
<CHANGES>                                            0  
<NET-INCOME>                                      (823) 
<EPS-PRIMARY>                                    (0.14) 
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</TABLE>
# Official Journal C 172/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.172.eng |
| --- | --- |
| Official Journal
  of the European Union | C 172 |
| | |
| English edition | Information and Notices | Volume 5330 June 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.172.eng

Official Journal

of the European Union

C 172

English edition

Information and Notices

Volume 5330 June 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2010/C 172/01 | Report on budgetary and financial management — Financial year 2009 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2010/C 172/01

Report on budgetary and financial management — Financial year 2009

1

---

| EN | |
| --- | --- |

EN
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 1, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 136338-9 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, BRIAN POTTER, Justices 

Plaintiff-Appellee, 

v SC: 136338-9 

COA: 262529, 263538 

Washtenaw CC: 03-001226-NH 

KRISTYN H. MURRY, M.D., and

HURON VALLEY RADIOLOGY, P.C.,

 Defendants-Appellants, 

and 

ST. JOSEPH MERCY HOSPITAL ANN 

ARBOR, d/b/a TRINITY HEALTHMICHIGAN, RICHARD C. McLEARY, M.D., 

GARY AUGUSTYN, M.D., ROBERT

DOMEIER, D.O., and EMERGENCY 

PHYSICIANS MEDICAL GROUP, P.C.,

 Defendants. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 20, 2008 

judgment of the Court of Appeals is considered and, it appearing to this Court that the 

case of Potter v Murry (Docket No. 136336) is pending on appeal before this Court and 

that the decision in that case may resolve an issue raised in the present application for 

leave to appeal, we ORDER that the application be held in ABEYANCE pending the 

decision in that case. 

0924 

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. 

October 1, 2008 

 Clerk
The CHERRY COMMUNITY ORGANIZATION, a North Carolina non-profit corporation, Plaintiff, v. STONEHUNT, LLC, a North Carolina limited liability company, Defendant.

No. COA16-615

Court of Appeals of North Carolina.

Filed: December 30, 2016

AFFIRMED IN PART; REVERSED IN PART.
**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**





For
      purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, the undersigned, Anthony Principe, the chief
      financial officer of On2 Technologies, Inc. (the “Company”), hereby certifies
      that, to his knowledge:





(i)
      the
      Annual Report on Form 10-K/A of the Company for the year ended December 31,
      2006, as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”) fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934; and





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


By:
            /s/
                ANTHONY PRINCIPEAnthony
                Principe*Chief
                Financial Officer*
              *On2
                  Technologies, Inc.*




May
      10,
      2007
<PAGE>   1

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the incorporation by reference in the following Registration
Statements of MetaCreations Corporation on Form S-8 (Registration Nos. 333-3070,
333-17209, 333-20939, 333-26557, and 333-28403) of our report dated January 26,
1998 on our audits of the consolidated financial statements and financial
statement schedule of MetaCreations Corporation as of December 31, 1997 and
1996, and for the years ended December 31, 1997, 1996 and 1995, which report is
included in this Annual Report on Form 10-K.

                                          COOPERS & LYBRAND L.L.P.

Woodland Hills, California
March 30, 1998
**Exhibit 31.2**CFO CERTIFICATIONI, Joseph V. Green, certify that: 1. I have reviewed this annual report on Form 10-K of Winston Hotels, Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;  4. The Company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internalcontrol over financial reporting (as defined in Exchange Act Rule13a-15(f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: March 14, 2006            /s/ Joseph V. Green         Joseph V. Green    Chief Financial Officer  
95
|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ HARVEY P. EISEN           |
|-------------------------------|
| Name:     | Harvey P. Eisen |
| Title:                        | Chief Executive Officer(Principal Executive Officer) |
| Date:                         | May 20, 2010 |

| /s/ IRA J. SOBOTKO            |
|-------------------------------|
| Name:     | Ira J. Sobotko |
| Title:                        | Vice President, Chief Financial Officer(Principal Financial Officer) |
| Date:                         | May 20, 2010 |

----
LYDELL MELNYK



CONSENT OF QUALIFIED PERSON







To:

US Securities and Exchange Commission



I, Lydell Melnyk do hereby consent to (i) 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.  Bisha Property, Gash-Barka District, Eritrea 43-101 Technical Report and Preliminary Assessment dated December 22, 2005

(collectively, the Technical Report)

I also certify that I have read the written disclosure being filed and that is fairly and accurately represents the information in the technical report that supports the written disclosure in the AIF and the 40-F dated March 22, 2006.



Dated this23 day of March, 2006.

signed

_______________________
Lydell Melnyk

[Seal or Stamp]
Coburn SAWYER, James Michael Clampitt, June Hagman, Kurt Hagman, David Sawyer, Plaintiff, v. The ESTATE OF John SAWYER, Mary S. Carter, Executrix, and Mary S. Carter, individually, Defendant.

No. COA15-1142.

Court of Appeals of North Carolina.

July 19, 2016.

**Case Reported Without Published Opinion**

Affirmed in Part and Reversed in Part.
# C_2009006EN.01000801.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/8 |
| --- | --- | --- | --- |

10.1.2009

EN

Official Journal of the European Union

C 6/8

---

Judgment of the Court (Third Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic

(Case C-437/07) (1)

1

(Failure of a Member State to fulfil obligations - Public procurement - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37)

(2009/C 6/13)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: C. Zadra and D. Kukovec, Agents)

Applicant:

Defendant: Italian Republic (represented by: I. Braguglia and G. Fiengo, Agents)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Infringement of the principles of transparency and non-discrimination — Public works carried out by means of ‘project financing’

Operative part of the judgment

| 1. | In so far as the Comune di l'Aquila (Municipality of Aquila) awarded a public works contract concerning the design and construction of a rubber tramway for public transport in that town by means of a procedure different to those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that Directive; |
| --- | --- |

1.

In so far as the Comune di l'Aquila (Municipality of Aquila) awarded a public works contract concerning the design and construction of a rubber tramway for public transport in that town by means of a procedure different to those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that Directive;

| 2. | The Italian Republic is to pay the costs. |
| --- | --- |

2.

The Italian Republic is to pay the costs.

---

(1)  OJ C 297, 8.12.2007.

1

---
Exhibit
        32.1
 
 CERTIFICATION
        PURSUANT TO 18 U.S.C. SECTION 1350
 
 In
        connection with the Amended Quarterly Report of Vanguard Minerals Corporation
        (the "Company"), on Form 10-QSB/A for the period ended March 31, 2007, as
        filed
        with the Securities and Exchange Commission (the Report"), I, Vladimir Fedyunin
        , President and Chief Executive Officer of the Company, certify, pursuant
        to 18
        U.S.C. Section 1350, as added by 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.
              To
                  my knowledge, the information contained in the Report fairly presents,
                  in
                  all material respects, the financial condition and results of operations
                  of the Company as of and for the period covered by the
                  Report.
 
  /s/
        Vladimir
        Fedyunin
 Vladimir
        Fedyunin
 Chief
        Executive Officer
 Duly
        Authorized Officer and Principal
 Financial
        and Accounting Officer
 
 Date: January
        10, 2008
**Judgment of the Court of First Instance (Fifth Chamber) of 2 July 2008 – Ashoka v OHIM (DREAM IT, DO IT!)**

**(Case T-186/07)**

Community trade mark – Application for Community word mark DREAM IT, DO IT! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 37-38)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 15 March 2007 (Case R 635/2006-1) concerning the registration of the word mark DREAM IT, DO IT! as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Ashoka |
| Community trade mark sought: | Word mark DREAM IT, DO IT! for services in Classes 35, 36, 41 and 45 – Application No 3844792 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders Ashoka to pay the costs. |
**Exhibit 31.1****UNIVERSAL BIOSENSORS, INC.****CERTIFICATION UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Mark Morrison, Chief Executive Officer and Executive Director of Universal Biosensors, Inc.,certify that:1. I have reviewed this report on Form 10-Q of Universal Biosensors, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a) Designed such disclosure controlsand procedures, or caused suchdisclosure controls and proceduresto be designed under oursupervision, to ensure thatmaterial information relating tothe registrant, including itsconsolidated subsidiaries, is madeknown to us by others within thoseentities, particularly during theperiod in which this report isbeing prepared;  b) Not applicable  c) Evaluated the effectiveness of theregistrant’s disclosure controlsand procedures and presented inthis report our conclusions aboutthe effectiveness of the disclosurecontrols and procedures, as of theend of the period covered by thisreport based on such evaluation;and  d) Disclosed in this report any changein the registrant’s internalcontrol over financial reportingthat occurred during theregistrant’s most recent fiscalquarter (the registrant’s fourthfiscal quarter in the case of anannual report) that has materiallyaffected, or is reasonably likelyto materially affect, theregistrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions): a) All significant deficiencies andmaterial weaknesses in the designor operation of internal controlover financial reporting which arereasonably likely to adverselyaffect the registrant’s ability torecord, process, summarize andreport financial information; and  b) Any fraud, whether or not material,that involves management or otheremployees who have a significantrole in the registrant’s internalcontrol over financial reporting.Date:April 30, 2008        /s/ Mark Morrisson   Mark Morrisson   Chief Executive Officer and Executive DirectorUniversal Biosensors, Inc.