alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JAMES PATRICK GROGAN, d/b/a SANTA FE CLUB, Appellant, v. THE COUNTY OF ESMERALDA and NATHAN L. MERRITT, Jr., Chairman of the Liquor Board for the County of Esmeralda, HENRY DAHLSTROM, ROBERT HARTMAN and KENNETH E. SIRI, Members of the Liquor Board for the County of Esmeralda, Respondents.

No. 8328

November 13, 1975

541 P.2d 1101

[Rehearing denied December 5, 1975]

*Eric Zubel,*Las Vegas, for Appellant.

*Alan R. Harter,*District Attorney, Esmeralda County, for Respondents.

OPINION

*Per Curiam:*

This appeal, which is in progress, is from an order denying appellant’s petition for a writ of mandamus to compel respondents to reinstate a liquor license.

Respondents did not timely file their answering brief and appellant has filed a motion for confession of error, under NRAP 31(c). Respondents have neither opposed the motion nor offered any reason for their failure to do so.

Under these circumstances and for the same reasons stated in, and on the authority of, Kitchen Factors, Inc. v. Brown, 91 Nev. 308, 535 P.2d 677 (1975), we grant the motion and reverse the order of the district court. NRAP 31(c).

*729This case is remanded to the district court with instructions to grant the petition for mandamus to compel respondents to reinstate James Patrick Grogan’s liquor license forthwith.
Exhibit 31.1
Section 302 Certifications

I, Michael Sheriff, certify that:

     1.  I have reviewed this quarterly report on form 10-QSB of The X-Change
Corporation,

     2.  Based on my knowledge, this quarterly 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 quarterly 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
registrant as of, and for, the periods presented in this report;

     4.  The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
exchange act rules 13a-14 and 15d-14 for the registrant and have:

     a)  designed such disclosure controls and proceduresto ensure that
material information relating to the registrant, including its consolidated
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 registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

     c)   presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

     5.  The registrant's other certifying officers and I have disclosed,
based on our most recent evaluation, to the registrant's auditors and the
audit committee of registrant's board of directors (or persons performing the
equivalent functions):

     a)  all significant deficiencies in the design or operation of internal
control which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

     b)  any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls.

     6.  The  registrant's  other  certifying  officers  and I have indicated
in this quarterly  report whether or not there were significant changes in
internal controls  or  in  other  factors  that  could significantly affect
internal controls subsequent to the date of my most recent evaluation,
including any corrective  actions  with  regard  to significant deficiencies
and material weaknesses.

Date: May 20, 2006


/s/ Michael Sheriff
_________________________________
Michael Sheriff, President, Chief
Executive Officer, and Chairman
(Principal Executive Officer)
# L_2007078EN.01001101.xml

| 17.3.2007 | EN | Official Journal of the European Union | L 78/11 |
| --- | --- | --- | --- |

17.3.2007

EN

Official Journal of the European Union

L 78/11

---

COMMISSION REGULATION (EC) No 286/2007

of 16 March 2007

determining the extent to which applications lodged in March 2007 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 April to 30 June 2007 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1458/2003 of 18 August 2003 opening and providing for the administration of tariff quotas for certain products in the pigmeat sector (1), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged for the second quarter of 2007 are for quantities less than the quantities available and can therefore be met in full.

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences for the period 1 April to 30 June 2007 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in Annex.

Article 2

This Regulation shall enter into force on 17 March 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 March 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 208, 19.8.2003, p. 3. Regulation as amended by Regulation (EC) No 341/2005 (OJ L 53, 26.2.2005, p. 28).

1

---

ANNEX

| Order No | Percentage of acceptance of import licences submitted for the period of 1 April to 30 June 2007 |
| --- | --- |
| 09.4038 | 100 |
| 09.4039 | 100 |
| 09.4071 | — |
| 09.4072 | — |
| 09.4073 | — |
| 09.4074 | — |
| ‘—’ | : | No application for a licence has been sent to the Commission. |

Order No

Percentage of acceptance of import licences submitted for the period of 1 April to 30 June 2007

09.4038

100

09.4039

100

09.4071

—

09.4072

—

09.4073

—

09.4074

—

‘—’

:

No application for a licence has been sent to the Commission.

---
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 on Form 10-K/A of Unified Western Grocers Inc. (the Company) for the fiscal year ended
October 2, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard J. Martin, Executive Vice President, Finance and Administration and Chief Financial Officer of the Company, hereby certify,
pursuant to 18 U.S.C Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 11, 2005



/s/ RICHARD J. MARTINRichard J. Martin Executive Vice President, Finance and Administration and Chief Financial Officer (principal financial and accounting officer)




A signed original of this
written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
<PAGE>   1
                                                                      EXHIBIT 15
                               ARTHUR ANDERSEN LLP










To Jacobson Stores Inc.:

We are aware that Jacobson Stores Inc. and subsidiaries has incorporated by
reference in its Form S-8 Registration Statements File Nos. 033-53469, 333-31989
and 333-59031 and Form S-2 File No. 33-10532 its Form 10-Q for the quarter ended
May 5, 2001, which includes our report dated May 18, 2001, covering the
unaudited interim condensed consolidated financial information contained
therein. Pursuant to Regulation C of the Securities Act of 1933, that report is
not considered a part of the registration statement prepared or certified by our
firm or a report prepared or certified by our firm within the meaning of
Sections 7 and 11 of the Act. It should be noted that we have not performed any
procedures subsequent to May 18, 2001.


                                       Very truly yours,



                                       /s/ Arthur Andersen LLP
                                       -----------------------
                                       ARTHUR ANDERSEN LLP

Detroit, Michigan
June 14, 2001
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 22

- 00225

- CV

In re Patrick Earl Tarkington

ORIGINAL PROCEEDING FROM COMAL COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52. 8( a).

_______________________ ___________________

Edward Smith , Justice

Before Chief Justice Byrne, Justices Kelly and Smith

Filed: May 5 , 2022
#### STATE v. D. H. SOSSAMON, JR.

(Filed 1 May 1963.)

Criminal Law § 136—

Judgment activating a suspended sentence for condition broken may not be based upon a conviction on a fatally defective warrant.

Appeal by defendant from *Johnston, J„,*October 8, 1962, Regular Criminal Term of Cababkus.

This is a companion case to *S. v. Sossamon, ante,*374, and is the case referred to therein as Case No. 8378 on the Criminal Issue Docket of Cabarrus Superior Court.

On February 29, 1960, defendant was tried 'in the Recorder’s Court of Cabarrus County on a warrant 'Charging that, on February 5, 1960, defendant “did unlawfully, willfully and feloniously Operate a motor vehicle upon the public highways of N. C., after his license had been revoked or suspended by the Dept, of Motor Vehicles in violation of G.S. 20-28 of the motor vehicle laws of N. C.,” contrary to the form of the statute, etc. Defendant was found guilty and prayer for judgment was continued. On March 31, 1960, judgment imposing a prison sentence of eight months was pronounced. This sentence was suspended on the condition, *inter alia,*that “he (defendant) not own or operate a motor vehicle upon the public highways of the State of North Carolina for the next two years.”

Thereafter, the said recorder’s court entered judgment which, upon defendant’s appeal, was affirmed 'by judgment of the superior court, activating the prison sentence of eight months imposed by the judgment of March 31, 1960.

The sentence in this case (Case No. 8378) was activated on the ground defendant had been convicted in Case No. 8377 of operating a motor vehicle on the public highways on March 26, 1961, as set forth in *S. v. Sossamon, ante,*374, and thereby had violated the quoted condition of suspension.

In the superior court, defendant made a motion that the judgment of March 31, 1960, be arrested and excepted to the court’s denial thereof. Defendant excepted to and appealed from the judgment activating the (suspended) sentence imposed by the judgment of March 31, 1960.

*Attorney General Bruton and Assistant Attorney General Barham for the State.*

*T. O. Stennett and Harry E. Faggart, Jr., for defendant appellant.*

*379Per Curiam.

For reasons stated in *S. v. Sossamon, ante,*374, the warrant on which the judgment of Miarch 31, 1960, is based is fatally defective and therefore insufficient to confer jurisdiction in that it does not allege an essential element of the offense defined in G.S. 20-28(a). See *S. v. Jernigan,*255 N.C. 732, 122 S.E. 2d 711. Hence, defendant’s motion in arrest of judgment should have been and now is allowed.

Judgment arrested.
EXHIBIT 32  SECTION 1350 CERTIFICATIONS

Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, A.L. Giannopoulos, Chairman, President and Chief Executive Officer of MICROS Systems, Inc. (Registrant), certify that to the best of my knowledge, based upon a review of the quarterly report on Form 10-K for the fiscal year ended June 30, 2006 of the Registrant (the Report):

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

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

|Date: September 13, 2006 | /s/ A.L. Giannopoulos
|------------------------ | ---------------------
|                         |                      
|                         | A.L. Giannopoulos    

---



Certification of Principal Financial Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, Gary C. Kaufman, Executive Vice President of Finance and Administration and the Chief Financial Officer of MICROS Systems, Inc. (Registrant), certify that to the best of my knowledge, based upon a review of the annual report on Form 10-K for the fiscal year ended June 30, 2006 of the Registrant (the Report):

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

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

|Date: September 13, 2006 | /s/ Gary C. Kaufman
|------------------------ | -------------------
|                         |                    
|                         | Gary C. Kaufman    

---
**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 yearly report of Amerex Group, Inc.  (the “Company”), on Form 10-KSB for the fiscal year ended December 31, 2006, I hereby certify solely for the purpose of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge: 

 

1. The yearly 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 yearly report fairly presents, in all materials respects, the financial condition and results of operations of the Company. 

 

Date: May 17, 2007
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Case 1:07-cv-03314-GBD Document 49 Filed 02/25/2008 Page 1 of 4
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#### UNITED STATES of America, Plaintiff-Appellee, v. Kenneth EVANS, Defendant-Appellant.

No. 04-10927.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 5, 2005.

J. Michael Worley, Assistant U.S. Attorney, Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Fort Worth, TX, for Plaintiff-Appellee.

Kenneth Evans, El Reno, OK, pro se.

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Kenneth Evans, federal prisoner # 24606-077, appeals from the denial of his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Evans contends that amendment 505 to the Sentencing Guidelines should be applied retroactively to reduce his sentence; that his offense level should be reduced because the relevant sentencing facts were not alleged in his indictment or proved to the jury; and that the adjustment to his offense level for his role in the offense should be invalidated pursuant to *Blakely v. Washington,*— U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and *United States v. Booker,*— U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Evans’s motion for leave to file a supplemental brief to raise his *Booker*contention is GRANTED. The Government moves for the dismissal of Evans’s appeal as frivolous; the Government’s motion is DENIED.

Evans’s contention regarding amendment 505 previously has been decided adversely to him; the previous determinations of the district court and of this court stand as the law of the case. *See United States v. Becerra,*155 F.3d 740, 752-53 (5th Cir.1998). Evans’s remaining contentions are outside the scope of 18 U.S.C. § 3582(c)(2). *See United States v. Shaw,*30 F.3d 26, 29 (5th Cir.1994).

Although we deny the Government’s motion to dismiss the appeal as frivolous, we note that Evans has filed five unsuccessful 18 U.S.C. § 3582(c)(2) motions raising amendment 505, and he has pursued relief from sentence pursuant to 28 U.S.C. § 2255 on three occasions. Evans is warned that future challenges to his sentence—whether those challenges are governed by 18 U.S.C. § 3582(c)(2), 28 U.S.C. §§ 2241 and 2255, or any other statutory provision—will invite the imposition of sanctions against him. Those sanctions could include a monetary penalty and/or limitations on Evans’s ability to challenge his sentence.

All other pending motions are DENIED.

AFFIRMED. SANCTIONS WARNING IMPOSED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion *should not be*published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF G.N

., A C HILD

,

Appellant. §

§

§

§

§

§

§

'

' No. 08

- 1 6

- 00077

- CV

Appeal from the

65 th Judicial District Court

of El Paso County, Texas

(TC# 2014DCM1769 )

O R D E R

The Court GRANTS the Appellant ’s first motion for extension of time to file the brief until

July 1 2

, 201 6

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE

APPELLANT ’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Felix Valenzuela , the Appellant ’s Attorney, pr epare

the Appellant ’s brief and forward the same to this Court on or before July 1 2 , 201 6

.

IT IS SO ORDERED this 21 st day of June , 201 6

.

PER CURIAM

Before McClure, C.J., Rodriguez and Hughes, JJ.
<PAGE>

                                                                    EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
333-02025 of Petroleum Helicopters, Inc. on Form S-8 of our report dated March
11, 2004 (which report expresses an unqualified opinion and includes an
explanatory paragraph relating to the adoption of Statement of Financial
Accounting Standards No. 133, as amended, described in Note 1), appearing in
this Annual Report on Form 10-K of Petroleum Helicopters, Inc. for the year
ended December 31, 2003.


/s/ DELOITTE & TOUCHE LLP

New Orleans, Louisiana
March 11, 2004