alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GORDON STANLEY RHODES, Appellant, v. GILDA JEAN RHODES, Respondent.

No. 7066

January 8, 1974

517 P.2d 1007

*Jerry Collier Lane,*of Carson City, for Appellant.

*Fondi & Banta,*of Carson City, for Respondent.

OPINION

*Per Curiam:*

We have reviewed the entire record; the evidence justifies *2the trial court’s property distribution; the decree is in all respects affirmed.1

1

Mowbray, J., being disqualified, the Governor appointed Waters, D. J., to sit in his stead. While this appeal was under submission, Waters, D. J., died. As this case involves no novel points of law, but simply review of the record, which we find entirely - adequate to support the trial court, said appeal is disposed of by a quorum of the Court. Nev. Const, art. 6, § 2.
----

----

I Atti per i quali la pubblicazione è una condizione di applicabilità

----

REGOLAMENTO (CE) N. 945/2004 DELLA COMMISSIONE

del 4 maggio 2004

recante fissazione dei valori forfettari all'importazione ai fini della determinazione del prezzo di entrata di alcuni ortofrutticoli

LA COMMISSIONE DELLE COMUNITÀ EUROPEE,

visto il trattato che istituisce la Comunità europea,

visto il regolamento (CE) n. 3223/94 della Commissione, del 21 dicembre 1994, recante modalità di applicazione del regime di importazione degli ortofrutticoli (1), in particolare l'articolo 4, paragrafo 1,

considerando quanto segue:

HA ADOTTATO IL PRESENTE REGOLAMENTO:

Articolo 1

I valori forfettari all'importazione di cui all'articolo 4 del regolamento (CE) n. 3223/94 sono fissati nella tabella riportata nell'allegato.

Articolo 2

Il presente regolamento entra in vigore il 5 maggio 2004.

Il presente regolamento è obbligatorio in tutti i suoi elementi e direttamente applicabile in ciascuno degli Stati membri.

Fatto a Bruxelles, il 4 maggio 2004.

Per la Commissione

J. M. SILVA RODRÍGUEZ

Direttore generale dell'Agricoltura

----

(1)GU L 337 del 24.12.1994, pag. 66. Regolamento modificato da ultimo dal regolamento (CE) n. 1947/2002 (GU L 299 dell'1.11.2002, pag. 17).

----

ALLEGATO

al regolamento della Commissione, del 4 maggio 2004, recante fissazione dei valori forfettari all'importazione ai fini della determinazione del prezzo di entrata di alcuni ortofrutticoli

----

(1)  Nomenclatura dei paesi stabilita dal regolamento (CE) n. 2081/2003 della Commissione (GU L 313 del 28.11.2003, pag. 11). Il codice «999» rappresenta le «altre origini».

----

----

AVVISO AI LETTORI

Un’edizione speciale della Gazzetta ufficiale dell’Unione europea comprendente i testi degli atti delle istituzioni e della Banca centrale europea adottati prima dell’adesione sarà pubblicata in lingua estone, ungherese, lettone, lituana, maltese, polacca, slovacca, slovena e ceca. I volumi di tale edizione appariranno progressivamente tra il 1o maggio e la fine del 2004.

In tali condizioni e in attesa della pubblicazione di tali volumi, la versione elettronica dei testi è disponibile su EUR-Lex.

L’indirizzo del sito EUR-Lex è: http://europa.eu.int/eur-lex/it/accession.html

----
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, the undersigned, as Chief Executive Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the undersigneds knowledge:

1) the Companys Quarterly Report on Form 10-Q for the period ending March 31, 2011 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 Companys
Quarterly Report on Form 10-Q for the period ending March 31, 2011 fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |                                      
|------------------ |  | -------------------------------------
|Date: May 13, 2011 |  | /s/ Mark Buller                      
|                   |  | Mark Buller  Chief Executive Officer

A signed original
of this written statement, required by Section 906, has been provided to Norcraft Holdings, L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and
Exchange Commission or its staff upon request.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Emanuel N. Hilario, Chief Financial Officer, in connection with the
Report on Form 10-Q of McCormick & Schmicks Seafood Restaurants, Inc. for the quarterly period ended June 28, 2008 (the Report), hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to
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. The information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of McCormick & Schmicks Seafood Restaurants, Inc.



|                       
|-----------------------
|/s/ EMANUEL N. HILARIO 
|Emanuel N. Hilario     
|Chief Financial Officer

Dated: August 6, 2008
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

R. Wayne Johnson, Appellant

No. 06-24-00007-CV v.

U.S. Post Office, et al., Appellee

Appeal from the 62nd District Court of 

Lamar County, Texas (Tr. Ct. No. 92147). 

Panel consists of Chief Justice Stevens and 

Justices van Cleef and Rambin. 

Memorandum Opinion delivered by Chief 

Justice Stevens. 

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed 

for want of jurisdiction. Therefore, we dismiss the appeal.

We note that the appellant, R. Wayne Johnson, has adequately indicated his inability to 

pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MARCH 25, 2024

BY ORDER OF THE COURT

SCOTT E. STEVENS

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
<TABLE> <S> <C>


<ARTICLE>                     5
<RESTATED>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         2,910
<SECURITIES>                                   0
<RECEIVABLES>                                  45,180
<ALLOWANCES>                                   1,426
<INVENTORY>                                    0
<CURRENT-ASSETS>                               69,165
<PP&E>                                         215,235
<DEPRECIATION>                                 127,009
<TOTAL-ASSETS>                                 224,912
<CURRENT-LIABILITIES>                          58,011
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       326
<OTHER-SE>                                     (84,165)
<TOTAL-LIABILITY-AND-EQUITY>                   224,912
<SALES>                                        0
<TOTAL-REVENUES>                               247,298
<CGS>                                          0
<TOTAL-COSTS>                                  186,954
<OTHER-EXPENSES>                               41,457
<LOSS-PROVISION>                               1,386
<INTEREST-EXPENSE>                             24,461
<INCOME-PRETAX>                                18,887
<INCOME-TAX>                                   2,758
<INCOME-CONTINUING>                            16,129
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                (355)
<CHANGES>                                      0
<NET-INCOME>                                   15,774
<EPS-PRIMARY>                                  0.51
<EPS-DILUTED>                                  0.50



</TABLE>
111TH CONGRESS 

2D SESSION H. R. 5145 

AN ACT 

To amend title 38, United States Code, to improve the 

continuing professional education reimbursement provided to health professionals employed by the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5145 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Assuring Quality Care 

3 for Veterans Act’’. 

4 SEC. 2. IMPROVEMENT OF CONTINUING PROFESSIONAL 

5 EDUCATION REIMBURSEMENT FOR HEALTH 

6 PROFESSIONALS EMPLOYED BY THE DEPART7 MENT OF VETERANS AFFAIRS. 

8 (a) IN GENERAL.—Section 7411 of title 38, United 

9 States Code, is amended— 

10 (1) by striking ‘‘shall’’ and inserting ‘‘may’’; 

11 (2) by striking ‘‘board-certified physician or 

12 dentist appointed under section 7401(1) of this 

13 title’’ and inserting ‘‘health professional appointed 

14 under paragraph (1) or (3) of section 7401 of this 

15 title’’; 

16 (3) by striking ‘‘$1,000’’ and inserting 

17 ‘‘$1,600’’; 

18 (4) by inserting ‘‘required to maintain licen19 sure’’ after ‘‘professional education’’; and 

20 (5) by adding at the end the following new sen21 tence: ‘‘No such health professional may receive re22 imbursement under this section and reimbursement 

23 for the same expenses incurred for continuing pro24 fessional education provided by a Department med25 ical center.’’. 

26 (b) CLERICAL AMENDMENTS.— 
3 

•HR 5145 EH

1 (1) SECTION HEADING.—The heading for such 

2 section is amended to read as follows: 

3 ‘‘§ 7411. Full-time health professionals: reimburse4 ment of continuing professional edu5 cation expenses’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of chapter 74 of such title is 

8 amended by striking the item relating to section 

9 7411 and inserting the following new item: 

‘‘7411. Full-time health professionals: reimbursement of continuing professional 

education expenses.’’. 

Passed the House of Representatives May 25, 2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 5145 

AN ACT 

To amend title 38, United States Code, to improve 

by the Department of Veterans Affairs. ment provided to health professionals employed the continuing professional education reimburse-
<Page>

                                                                ARTHUR ANDERSEN


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
                    -----------------------------------------

As independent public accountants, we hereby consent to the use of our
reports (and to all references to our Firm) included in or made a part of
this Registration Statement File No. 333-34998 for Hartford Life and Annuity
Insurance Company Separate Account Three on Form N-4.


Hartford, Connecticut                                   /s/ Arthur Andersen LLP
April 8, 2002
#### In the matter of the estate of Arthur Phillips, deceased.

[Submitted October 25th, 1946.

Decided February 3d, 1947.]

*Mr. Benjamin M.*Rattier, for the appellant, Paula O. Phillips.

*Messrs. Ilannoch •£ Lasser (Mr. Herbert J. Ilannoch,*of .counsel), for the respondent executors and trustees.

*Mr. Samuel Kaufman,*for the respondent administrator *pendente lite.*

The opinion of the court was delivered by

Hei-ier, J.

The order under review denied an application interposed by the widow of the deceased, under *R. S. 3:2*— 29, for an allowance for her support and maintenance out of the income of the estate, and such further allowance out of the income, or, if need be, out of the *corpus,*as may be necessary to meet *558the expenses incurred and to be incurred in conducting the contest touching the probate of what is alleged to be the last will and testament of the deceased, including counsel fees; and the widow appeals.

This statutory function is in its essence discretionary, directed and controlled by the obvious policy of the enactment and the considerations which brought it into being; and we perceive no abuse of the authority. The legislative expression implies fair grounds for the contest and a measure of need as' conditions prerequisite to the affirmative exercise of the power. The design was to enable one of the enumerated next of kin to prosecute an inquiry into the question of the validity of the purported will that, for lack of means, could not otherwise be had. The power is to be sparingly exercised, only in cases of proved necessity, for the allowance of maintenance is without regard to the ultimate establishment of the contestant’s right to share in the subject-matter of the purported will, and apparently without obligation of reimbursement no matter what the event, and thus the effectuation of the will of the testator is involved to that extent. There was no proof of such need here. The widow’s means are sufficient to call for a denial of the application. If it should be demonstrated that there was reasonable cause for the probate contest, the widow may have reimbursement for all expenses reasonably incurred in the prosecution of the proceeding.

Let the order be affirmed.

*For affirmance,*— Tiie Ci-iiee-Justice, Parker, Bodine, Donges, IIei-ier, Perskie, Colie, Waciieneeld, Eastwood, Wells, Raeeerty, Dill, Freund, McGbehan, McLean, JJ. 15.

*For reversal*— Hone.
<PAGE>
                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

    We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-78409) pertaining to the CompuCredit Corporation Amended and
Restated 1998 Stock Option Plan and in the Registration Statement (Form S-8
No. 333-92889) pertaining to the CompuCredit Corporation Employee Stock Purchase
Plan of our report dated January 28, 2000, with respect to the consolidated
financial statements of CompuCredit Corporation and Subsidiaries included in the
Annual Report (Form 10-K) for the year ended December 31, 1999.

                                          /s/ ERNST & YOUNG LLP

Atlanta, Georgia
March 14, 2000
EXHIBIT 31

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Robert D. Kohn, certify that:

1. I have reviewed this Annual Report on Form 10-KSB/A of Solpower Corporation
(the "COMPANY");

2. Based on my knowledge, this 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 report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that
material information relating to the Company, including its consolidated
subsidiaries, is made known to me by others within those entities, particularly
during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the Company's disclosure controls and
procedures and presented in this report my conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c) Disclosed in this report any change in the Company's internal control over
financial reporting that occurred during the Company's most recent fiscal
quarter (the Company's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
Company's internal control over financial reporting; and

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the Company's auditors and the audit committee of the
Company'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 Company'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 Company's internal control over
financial reporting.





Dated: December 12, 2005                       /s/ Robert D. Kohn
                                               ---------------------------------
                                               Robert D. Kohn
                                               Chief Executive Officer
EXHIBIT 32.1








CERTIFICATE PURSUANT TO


18 U.S.C. § 1350,


AS ADOPTED PURSUANT TO


§ 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report on Form 10-K of Mission West Properties, Inc. (the “Company”) for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of Carl E. Berg, Chairman of the Board and Chief Executive Officer, Raymond V. Marino, President and Chief Operating Officer, and Wayne N. Pham, Vice President of Finance and Controller of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:





(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 result of operations of the Company for the periods included in the Report.





/s/ Carl E. BergCarl E. Berg

Chairman of the Board and Chief Executive Officer

March 16, 2010





/s/ Raymond V. MarinoRaymond V. Marino

President and Chief Operating Officer

March 16, 2010





/s/ Wayne N. PhamWayne N. Pham

Vice President of Finance and Controller

March 16, 2010







This certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, or otherwise required, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.




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 or its staff upon request.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5102 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5102

    To direct the Secretary of the Interior to establish an annual 
 production incentive fee with respect to Federal onshore and offshore 
lands that are subject to a lease for production of oil or natural gas 
    under which production is not occurring, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2010

 Mr. Markey of Massachusetts (for himself, Mr. Frank of Massachusetts, 
  Mrs. Capps, Mr. Grijalva, Mr. Hinchey, Mr. Hodes, Mr. Yarmuth, Mr. 
    Welch, and Ms. Sutton) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To direct the Secretary of the Interior to establish an annual 
 production incentive fee with respect to Federal onshore and offshore 
lands that are subject to a lease for production of oil or natural gas 
    under which production is not occurring, and for other purposes.

    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 ``United States Exploration on Idle 
Tracts Act'' or the ``USE IT Act''.

SEC. 2. PRODUCTION INCENTIVE FEE.

    (a) Establishment.--The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue regulations to 
establish an annual production incentive fee with respect to Federal 
onshore and offshore lands that are subject to a lease for production 
of oil or natural gas under which production is not occurring. Such fee 
shall apply with respect to lands that are subject to such a lease that 
is in effect on the date final regulations are promulgated under this 
subsection or that is issued thereafter.
    (b) Amount.--The amount of the fee shall be, for each acre of land 
from which oil or natural gas is produced for less than 90 days in a 
calendar year--
            (1) for each of the first 3 years of the lease, $4 per acre 
        in 2010 dollars;
            (2) for the fourth year of the lease, $6 per acre in 2010 
        dollars; and
            (3) for the fifth year of the lease and each year 
        thereafter for which the lease is otherwise in effect, $8 per 
        acre in 2010 dollars.
    (c) Assessment and Collection.--The Secretary shall assess and 
collect the fee established under this section.
    (d) Deposit.--Amounts received by the United States as the fee 
under this section shall be deposited in the general fund of the 
Treasury.
    (e) Regulations.--The Secretary of the Interior may issue 
regulations to prevent evasion of the fee under this section.
                                 <all>
```
#### RICHARD LOUCIOUS, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.

No. 10534

March 2, 1978

575 P.2d 598

*99*Bell, Leavitt & Green*and *Thomas Burns,*Las Vegas, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *L. J. O’Neale,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

An indictment charged Richard Loucious with the felonious sale of a controlled substance (heroin), in violation of NRS 453.321 and NRS 453.161. Loucious challenged the indictment with a pretrial petition for a writ of habeas corpus contending, *inter alia,*the evidence presented to the grand jury was insufficient to sustain the probable cause burden which is imposed by NRS 172.155(1).1 The district judge denied habeas and, in this appeal, Loucious asserts we are compelled to reverse. We agree.

*100The only evidence contained in the transcript of the grand jury proceedings that would connect Loucious to the charged offense was given by an undercover narcotics agent. The agent testified that on September 30, 1977, he approached a group of people, which included Richard Loucious, for the stated purpose of purchasing a controlled substance, heroin. Loucious, and others, conversed with the officer and, after the officer stated that he wanted “four bags” (of heroin), another individual in the group produced “four balloons” (of heroin) and completed a sale.

The recited facts may subject Loucious to charges under a criminal statute. However, in our view, they are “insufficient to establish probable cause that [Loucious] made a ‘sale’ [of heroin].” Egan v. Sheriff, 88 Nev. 611, 614, 503 P.2d 16, 17 (1972).

Accordingly, we reverse. This case is remanded to the district court with instructions to grant the petition for a writ of habeas corpus.

1

In view of our disposition of the appeal, we need not, and therefore do not, consider other claims of error.