alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William J. Cutler *vs.*S. C. Whitcher.

March 27, 1875.

lease — Renewal—Assignment.—Where a lease for six months contained a clause, “A continuance of this lease for the term of one year, at the same rate, to he at the option of the party of the first part,” (the lessor,) and after the expiration of the six months, the lessee endorsed on the lease and executed an assignment to W., and under this assignment, the lessor and W. wrote and signed, “This assignment satisfactory;” *KM,*there being no fraud or other matter to avoid the transaction as a contract, that the assignment and the consent to it, signed by the parties, are conclusive that the lease was continued, and that it was assigned to W., and not to any other person.

Action for rent against defendant as assignee of a written lease, the complaint alleging that at the expiration of the original term, the lease ivas renewed, pursuant to an agreement contained in it, and was afterwards assigned to defendant. Answer putting in -issue the renewal and the assignment. Trial in the court of common pleas for Itamsey county, before Hall, J., resulting in a verdict for plaintiff. A new trial was refused, and defendant appealed.

*TT. L.*Lamprey, for appellant.

*Newel & Brill,*for respondent.

Gileillan, C. J.

In this case, there was alease in writing of certain premises from plaintiff to S. Slosson & Son, for six months from November 25, 1872, which lease contained the clause, “A continuance of this lease for the term of one year, at the same rate, to be at the option of the party of the first part.” After the six months expired, S. Slosson *&*Son endorsed on the lease, “We hereby assign and set *374over to S. C. Wbitcher all our right, title and interest to the -within lease. * * Dated Saint Paul, the 28th day of May, 1873. S. Slosson & Son.”

Under this, the parties hereto wrote and signed, “This assignment satisfactory. William J. Cutler,

June 2, 1873. S. C. Wiiitcher.”

In the absence of proof of fraud, or other matter which would avoid this transaction as a contract, — and we see no such proof in the case, — these writings are conclusive upon two points : 1. that there was a continuance of the lease, as provided for by it; and, 2. that the lease, as continued, was assigned to S. C. Whitcher, and not to any one else. As there was a verdict for plaintiff below, on the basis that these two points were established, the verdict is in accordance ivith the latv, and the order denying a new trial is affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

NAU ANTONIO RIVERA-ACOSTA,

 Defendant - Appellant.

No. 13-10355

D.C. No. 4:12-cr-01536-DCB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

David C. Bury, District Judge, Presiding

Submitted May 13, 2014** 

Before: CLIFTON, BEA, and WATFORD, Circuit Judges. 

Nau Antonio Rivera-Acosta appeals from the district court’s judgment and

challenges his guilty-plea conviction and 57-month sentence for reentry after

deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386

U.S. 738 (1967), Rivera-Acosta’s counsel has filed a brief stating that there are no

FILED

MAY 27 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
grounds for relief, along with a motion to withdraw as counsel of record. We have

provided Rivera-Acosta the opportunity to file a pro se supplemental brief. No pro

se supplemental brief or answering brief has been filed.

Rivera-Acosta has waived his right to appeal his conviction and sentence. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss

the appeal. See id. at 988.

Counsel’s motion to withdraw is GRANTED. 

DISMISSED.

2 13-10355
#### STATE OF NORTH CAROLINA v. FOREST McKINLEY SATTERFIELD

No. 7315SC580

(Filed 10 October 1973)

Appeal by defendant from *Copeland, Judge,*26 March 1973 Session of Superior Court held in Alamance County.

The defendant was charged in a two count bill of indictment, proper in form, with breaking or entering and larceny. To the charges contained in the bill of indictment, the defendant entered a plea of not guilty. From a verdict finding the defendant guilty of felonious breaking or entering and felonious larceny and the imposition of a prison sentence of not less than seven nor more than ten years, defendant appealed.

*Attorney General Robert Morgan and Associate Attorney Emerson D. Wall for the State.*

*Welker Shue for defendant appellant.*

HEDRICK, Judge.

We have carefully reviewed the record and briefs of counsel and find that defendant was afforded a fair trial which was free from any prejudicial error. The bill of indictment, verdict, and judgment were in all respects regular and proper.

*590No error.

Judges Britt and Morris concur.
# Službeni list C 280A/9. k

| | ISSN 1977-1088 |
| --- | --- |
| Službeni list
  Europske unije | C 280A |
| | |
| Hrvatsko izdanje | Informacije i objave | Godište 66.9. kolovoza 2023. |

ISSN 1977-1088

Službeni list

Europske unije

C 280A

Hrvatsko izdanje

Informacije i objave

Godište 66.9. kolovoza 2023.

---

| Sadržaj | Stranica |
| --- | --- |
| | V.   Objave |
| | ADMINISTRATIVNI POSTUPCI |
| | Europski ured za odabir osoblja (EPSO) |
| 2023/C 280 A/01 | Obavijest o izmjeni Obavijesti o otvorenom natječaju – EPSO/AD/402/23 – Administratori (AD 6) u sljedećim područjima: 1. Mikroekonomija/makroekonomija 2. Financijska ekonomija 3. Industrijska ekonomija ( SL C 220 A, 22.6.2023. ) | 1 |

Sadržaj

Stranica

V.   Objave

ADMINISTRATIVNI POSTUPCI

Europski ured za odabir osoblja (EPSO)

2023/C 280 A/01

Obavijest o izmjeni Obavijesti o otvorenom natječaju – EPSO/AD/402/23 – Administratori (AD 6) u sljedećim područjima: 1. Mikroekonomija/makroekonomija 2. Financijska ekonomija 3. Industrijska ekonomija ( SL C 220 A, 22.6.2023. )

( SL C 220 A, 22.6.2023. )

1

---

| HR | |
| --- | --- |

HR

---

V. Objave

ADMINISTRATIVNI POSTUPCI

Europski ured za odabir osoblja (EPSO)

| 9.8.2023 | HR | Službeni list Europske unije | CA 280/1 |
| --- | --- | --- | --- |

9.8.2023

HR

Službeni list Europske unije

CA 280/1

---

Obavijest o izmjeni Obavijesti o otvorenom natječaju – EPSO/AD/402/23 – Administratori (AD 6) u sljedećim područjima: 1. Mikroekonomija/makroekonomija 2. Financijska ekonomija 3. Industrijska ekonomija

(
  Službeni list Europske unije C 220 A od 22. lipnja 2023.
  )

(2023/C 280 A/01)

Na stranici 1.:

| umjesto: | „Rok za prijavu: 25. srpnja 2023. do 12 sati (podne) prema briselskom vremenu”, |
| --- | --- |

umjesto:

„Rok za prijavu: 25. srpnja 2023. do 12 sati (podne) prema briselskom vremenu”,

| treba stajati: | „Rok za prijavu: 26. srpnja 2023. do 12 sati (podne) prema srednjoeuropskom vremenu”. |
| --- | --- |

treba stajati:

treba stajati

„Rok za prijavu: 26. srpnja 2023. do 12 sati (podne) prema srednjoeuropskom vremenu”.

Na stranici 5.:

| umjesto: | „Kandidati moraju prijavu podnijeti elektronički na
  internetskim stranicama EPSO-a (2)
  do 25. srpnja 2023. do 12 sati (podne) prema briselskom vremenu.”, |
| --- | --- |

umjesto:

umjesto

„Kandidati moraju prijavu podnijeti elektronički na
  internetskim stranicama EPSO-a (2)
  do 25. srpnja 2023. do 12 sati (podne) prema briselskom vremenu.”,

| treba stajati: | „Kandidati moraju prijavu podnijeti elektronički na
  internetskim stranicama EPSO-a (2) do 26. srpnja 2023. do 12 sati (podne) prema srednjoeuropskom vremenu.”. |
| --- | --- |

treba stajati:

treba stajati

„Kandidati moraju prijavu podnijeti elektronički na
  internetskim stranicama EPSO-a (2) do 26. srpnja 2023. do 12 sati (podne) prema srednjoeuropskom vremenu.”.

---

(2)  https://epso.europa.eu/hr/job-opportunities/open-for-application

2

---
<PAGE>

                                                                    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 RTI International Metals, Inc. (the
"Company") on Form 10-K/A for the period ending December 31, 2004 as filed with
the Securities and Exchange Commission on April 14, 2005 and as amended on the
date hereof (the "Report"), I, Dawne S. Hickton, Chief Administrative Officer
and principal 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:



          (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 result of operations of the
     Company.


                                                   /s/ DAWNE S. HICKTON

                                          --------------------------------------

                                                     Dawne S. Hickton


                                          Senior Vice President--Administration
                                             and Chief Administrative Officer
                                              (Principal Financial Officer)



December 15, 2005



* This certification is made solely for the purposes of 18 U.S.C. Section 1350,
  subject to the knowledge standard contained therein, and not for any other
  purpose.
First Amend. to Employment Agt









EXHIBIT

10.3




 




SECOND

AMENDMENT TO THE




1990 PERFORMANCE EQUITY PLAN




 




THIS SECOND AMENDMENT to

the 1990 Performance Equity Plan of College Television Network, Inc. (the

“Company”) (formerly known as Laser Video Network, Inc.), a Delaware

corporation, (this “Amendment”) is made effective as of the 13th day of May,

1999 (the “Effective Date”).  All

capitalized terms in this Amendment have the meaning ascribed to such terms in

the 1990 Performance Equity Plan (the “Plan”), unless otherwise stated herein.




W  I  T  N  E  S  S  E  T  H:




WHEREAS, the Board of Directors of the Company desires to amend the Plan to

adjust the exercise price of options granted thereunder.




NOW, THEREFORE, in consideration of the premises and mutual promises

contained herein, the Plan is hereby amended as follows:




1.             Section 5.2 (a) of the Plan is hereby amended by

deleting it in its entirety and substituting in lieu thereof the following:




(a).  Exercise Price.  The exercise price per share shall be

determined by the Committee in its sole discretion; provided, however, that if

it is the intent of the Committee to issue an incentive stock option that

satisfies the requirements of §422 of the Internal Revenue Code of 1986, as

amended, the option exercise price shall be at least 100% of the Fair Market Value

of a share of Common Stock on the date the option is granted.




2.             Except as specifically amended by this Amendment, the

Plan shall remain in full force and effect as prior to this Amendment.




IN WITNESS WHEREOF, the

Company has caused this Amendment to be executed as of the Effective Date.




 




	

   


  	

   


  	

  COLLEGE

  TELEVISION NETWORK, INC.


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

  By:


  	

  /s/ Patrick

  Doran


  
	

   


  	

   


  	

   


  	

  Patrick Doran


  
	

   


  	

   


  	

   


  	

  Chief Financial

  Officer


  
	

   


  	

  ATTEST:


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  
	

  By:


  	

  /s/ Patrick Doran


  	

   


  	

   


  
	

   


  	

  Patrick Doran, Secretary
#### Daniel P. LOCKTON, Claimant/Appellant, v. TRAININGSCAPE, INC., and Division of Employment Security, Respondents.

No. ED 82886.

Missouri Court of Appeals, Eastern District, Division Five.

June 30, 2003.

Daniel P. Lockton, St. Louis, pro se.

Trainingscape Inc., Carlsbad, CA, pro se.

Marilyn G. Green, Jefferson City, MO, for respondents.

LAWRENCE E. MOONEY, Chief Judge.

The claimant, Daniel Lockton, appeals the decision of the Labor and Industrial Relations Commission dismissing his application for review as untimely. The respondent, Division of Employment Security, has filed a motion to dismiss the appeal contending this Court is without jurisdiction. The claimant has filed no response to the motion. We dismiss the appeal for lack of jurisdiction.

On May 21, 2002, a deputy from the Division of Employment Security determined that the claimant was an insured worker, but only with a benefit year beginning May 19, 2002. The claimant filed an appeal with the Appeals Tribunal on February 10, 2003. Under section 288.070.4, RSMo 2000, this appeal was due within *228thirty days after the mailing of the deputy’s determination. As a result of its untimeliness, the Appeals Tribunal issued a decision dismissing the claimant’s appeal. The Appeals Tribunal mailed its decision to the claimant on February 26, 2003. The claimant then filed an application for review with the Commission by fax on April 3, 2003. The Commission dismissed the claimant’s application for review because it was untimely.

Section 288.200, RSMo 2000, requires that an application for review to the Commission shall be postmarked or filed within thirty days of the mailing of the Appeals Tribunal’s decision. Here, the Appeals Tribunal mailed its decision to the claimant on February 26, 2003. Therefore, the claimant’s application for review was due on March 28, 2003. Section 288.200. The claimant’s application for review was not filed until April 3, 2003, and was untimely.

The timely filing of an application for review in an administrative case is jurisdictional. *McCuin Phillips v. Clean-Tech,*34 S.W.3d 854, 855 (Mo.App. E.D.2000). The claimant’s application for review to the Commission was not filed within thirty days of the mailing of the Appeals Tribunal’s decision and thus, was untimely. His failure to request review in a timely fashion divested both the Commission and this Court of jurisdiction. *McAtee v. Bio-Medical Applications of Missouri, Inc.,*87 S.W.3d 894, 895 (Mo.App. E.D.2002). In addition, section 288.200 does not provide any exceptions for filing out of time. *Id.*

The respondent’s motion to dismiss the appeal is granted and the appeal is dismissed for lack of jurisdiction.

LAWRENCE G. CRAHAN, J., and ROBERT G. DOWD, JR., J., concur.
<PAGE>


EXHIBIT 32.1


                                  CERTIFICATION

            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
             (SUBSECTIONS (a) AND (b) OF SECTION 1350,CHAPTER 63 OF
                         TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of Title 18, United States Code), the
undersigned officers of Sancon Resources Recovery, Inc., a Nevada corporation
(the "Company"), do hereby certify with respect to the Quarterly Report of the
Company on Form 10-QSB for the fiscal quarter ended September 30, 2006 as filed
with the Securities and Exchange Commission (the "10-QSB Report") that:
(1) the 10-QSB 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 10-QSB Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.


                                                 Sancon Resources Recovery, Inc.
Date:  November 13, 2006
                                                               By: /s/ Jack Chen
                                                 -------------------------------
                                                                       Jack Chen
                                                         Chief Executive Officer

Date:  November 13, 2006
                                                            By:  /S/ Richard Yan
                                                      --------------------------
                                                                     Richard Yan
                                                         Chief Financial Officer

Date:  November 13, 2006
                                                             By:  /S/ David Chen
                                                      --------------------------
                                                                      David Chen
                                                                        Chairman

Date:  November 13, 2006
                                                              By:  /S/ Jimmy Yiu
                                                      --------------------------
                                                                       Jimmy Yiu
                                                                        Director

Date:  November 13, 2006
                                                           By:  /S/ Helen Bouzas
                                                      --------------------------
                                                                    Helen Bouzas
                                                            Independent Director

Date:  November 13, 2006
                                                            By:  /S/ Cong Yuanli
                                                      --------------------------
                                                                     Cong Yuanli
                                                            Independent Director
**EXHIBIT 31.1**

 

EX-31.1SECTION 302 CERTIFICATION OF CEO

 

**CERTIFICATION**

 

I, Joseph L. Billhimer,certify that:

 

1. I have reviewed thisquarterly report on Form 10-Q of Premier Entertainment Biloxi LLC andPremier Finance Biloxi Corp.;

 

2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements 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 the registrantsas of, and for, the periods presented in this report;

 

4. The registrants’ other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e) for the registrantsand have:

 

a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrants, including theirconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;

 

b) Evaluated the effectiveness of the registrants’ disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and

 

c) Disclosed in this report any change in the registrants’ internalcontrol over financial reporting that occurred during the registrants’ mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrants’ internal control over financial reporting;and

 

5. The registrants’ other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrants’ auditors and the audit committee of theregistrants’ board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrants’ ability to record, process,summarize and report financial information; and

 

b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrants’ internalcontrol over financial reporting.

 

Date:August 2, 2005

 

 
|   /s/      Joseph L. Billhimer |   |   |
|--------------------------------------------------------------|--------|--------|
| Joseph L. Billhimer                                          |   |   |   |
| Chief Operating Officer                                      |   |   |   |

 

1

----
<PAGE>
                                                                    Exhibit 99.2


    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 Accredo Health, Inc. (the Company)
on Form 10-K for the fiscal year ended June 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Joel R.
Kimbrough, Chief Executive 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:

            (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/ Joel R. Kimbrough
                                                     -----------------------
                                                     Joel R. Kimbrough
                                                     Chief Financial Officer
                                                     September 30, 2002