alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Peter G. Ten Eyck, as Commissioner of Agriculture and Markets of the State of New York, Plaintiff, *v.*Eastern Farm Products, Inc., Defendant, W. H. Spaven, Arthur Branagan and F. B. Hennessey, as Committee for Eastern Farm Patrons, Intervening Defendants.

Supreme Court, Special Term, Albany County,

August 24, 1936.

*Henry S. Manley, Counsel to Division of Milk Control [Robert G. Blabey, Assistant Counsel,*of counsel], for the plaintiff.

*Rubinto'n & Coleman,*for the corporate defendant.

*M. B. Hall,*for the defendant intervenors.

Foster, J.

Complaint is made that the motion in the above-entitled matter (160 Misc. 402) was decided prematurely, and in advance of additional affidavits and a reply memorandum to be filed by the defendants. The clerk’s minutes at Special Term do not so indicate, but I assume that an error was made in that respect. Accordingly, the additional affidavits received are considered as a part of the motion papers.

I find nothing in such affidavits or in the reply memorandum submitted that was not exhaustively covered by the original papers. Brief reference, however, may be made to two propositions which are stressed again.

Defendants assert that the price fixing part of the milk control statute* is unconstitutional, on the theory that it would never have *405been enacted without the clause respecting milk from other States, which clause was declared void in *Baldwin*v. *G. A. F. Seelig*(294 U. S. 511); and they point to the re-enactment of the entire statute as conclusive proof of such assertion. Due to the Stale's inability to control the price of the milk from other States, they say, the law has no logical or substantial relationship to the object sought (to be attained. The answer to this argument, of course, is that the Legislature had these matters before it when it re-enacted the statute. While the State cannot enforce the clause concerning interstate milk, it by no means follows that the Legislature is thereby rendered powerless to control the price of milk produced within the State. Under the circumstances disclosed reasonable minds might differ as to whether such control alone is for the best interests of producers, and whether it has any substantial relationship to that end. This is far from meeting the test required before such control can be said to be beyond the legislative power. Indeed, if there is any doubt about the matter, under familiar and elementary principles of constitutional law, the power in the Legislature must be upheld.

Another point which is stressed again is that this action was not instituted in accordance with the statute. This argument is conclusively negatived by section 258-e of article 21 of the Agriculture and Markets Law (added by Laws of 1934, chap. 126).

The original decision herein may stand for the reasons therein stated, and an order may be entered in accordance therewith.

*

Agriculture and Markets Law, art. 21-A (added by Laws of 1934, chap. 126).
#### MacGINNISS, Respondent, *v.*BOSTON & MONTANA CONSOLIDATED COPPER & SILVER MINING CO. et al., Appellants.

(No. 2,007.)

(Submitted November 23, 1903.

Decided February 1, 1904.)

For syllabus see *MacGinniss*v. *Boston & Montana Consol. C.*cG *S. Mining Co. et al.,*ante, page 428.

*Appeal from District Oourt, Silver Bow County; William*Clancy, *Judge.*

ActioN by John MacGinniss against tbe Boston & Montana Consolidated Copper & Silver Mining Co. and others, impleaded with A. S. Bigelow and others. From an order granting a temporary injunction, defendants, appeal.

Reversed.

*464*Mr. A. J. Shores, Messrs. Forbis & Evans, Mr. W. W. Dixon, Mr. 0. F. Kelley,*and *Mr. D. Gay Stivers,*for Appellants.

*Mr. John J. McFLatton,*for Respondent.

MR. CHIEF JUSTICE,’BRANTLY

delivered the opinion of tbe court.

Appeal from an order granting a temporary injunction. This cause was submitted to the district court at the same time and upon the same facts as was the cause entitled *John MacGinniss*v. *B. & M. C. C. & S. M. Co. et al.,*this day decided, *ante,*p. 428. The question involved is, whether the plaintiff is entitled to an injunction *pendente lite*to restrain the defendant Boston & Montana Company, and its officers and directors from permitting the Amalgamated Company to vote the same shares of stock held by it in the Montana. Comp) any which are the basis of the other action, and also to restrain the pjayment of dividends upon said shares, etc. The Amalgamated Compmny is not a party. The decision in *MacGinniss*v. *B.*& *M. C. C. & S. M. Co., supra,*is determinative of this case, and for the reasons stated in the opinion therein, the order is reversed and the cause is remanded.

*Reversed and remanded.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

# AGENCY:

Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

# ACTION:

Notice and request for applications.

# SUMMARY:

The ONMS is seeking applications for the following vacant seats on the Florida Keys National Marine Sanctuary Advisory Council: Conservation and Environment [1 of 2] (alternate), Fishing—Commercial—Shell/Scale (alternate), Submerged Cultural Resources (alternate), and Tourism—Upper Keys (member). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's Charter.

# DATES:

Applications are due by February 12, 2010.

# ADDRESSES:

Application kits may be obtained from Lilli Ferguson, Florida Keys National Marine Sanctuary, 33 East Quay Rd., Key West, FL 33040. Completed applications should be sent to the same address.

# FOR FURTHER INFORMATION CONTACT:

                        Lilli Ferguson, Florida Keys National Marine Sanctuary, 33 East Quay Rd., Key West, FL 33040; (305) 292-0311 x245;                         *Lilli.Ferguson@noaa.gov*.                    

# SUPPLEMENTARY INFORMATION:

Per the council's Charter, if necessary, terms of appointment may be changed to provide for staggered expiration dates or member resignation mid term.

Authority:                         16 U.S.C. Sections 1431,                         *et seq.*

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program)

Dated: January 6, 2010.

Daniel J. Basta,

Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration.

[FR Doc. 2010-1116 Filed 1-20-10; 8:45 am]

BILLING CODE 3510-NK-P
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited June 30, 2000 financial statements of Community Bancorp, Inc. and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                      21,921,517
<INT-BEARING-DEPOSITS>                          68,106
<FED-FUNDS-SOLD>                            29,890,590
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 42,006,397
<INVESTMENTS-CARRYING>                      84,640,048
<INVESTMENTS-MARKET>                        82,673,777
<LOANS>                                    169,719,386
<ALLOWANCE>                                  2,851,310
<TOTAL-ASSETS>                             356,132,989
<DEPOSITS>                                 290,506,033
<SHORT-TERM>                                34,400,399
<LIABILITIES-OTHER>                          1,687,963
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    15,996,090
<OTHER-SE>                                  13,542,504
<TOTAL-LIABILITIES-AND-EQUITY>             356,132,989
<INTEREST-LOAN>                              7,370,918
<INTEREST-INVEST>                            3,795,509
<INTEREST-OTHER>                               548,741
<INTEREST-TOTAL>                            11,715,168
<INTEREST-DEPOSIT>                           3,535,924
<INTEREST-EXPENSE>                           4,270,417
<INTEREST-INCOME-NET>                        7,444,751
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              5,747,112
<INCOME-PRETAX>                              3,384,188
<INCOME-PRE-EXTRAORDINARY>                   3,384,188
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,175,947
<EPS-BASIC>                                       .368
<EPS-DILUTED>                                     .368
<YIELD-ACTUAL>                                    4.95
<LOANS-NON>                                    713,791
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                97,611
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             2,885,256
<CHARGE-OFFS>                                  138,758
<RECOVERIES>                                   104,812
<ALLOWANCE-CLOSE>                            2,851,310
<ALLOWANCE-DOMESTIC>                         2,035,179
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        816,131


</TABLE>
EXHIBIT 13.2

                            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 G. Willi-Food International Ltd.
(the "Company") on Form 20-F for the year ended December 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Gil
Hochboim, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 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, 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
Company.

     Date: May 31, 2006

                                                   By: /s/ Gil Hochboim
                                                   --------------------
                                                   Gil Hochboim
                                                   Chief Financial Officer
                                                   (Principal Financial Officer)

A signed original of this written statement required by Section 906 has been
provided to G. Willi-Food International Ltd. and will be retained by G.
Willi-Food International Ltd. and furnished to the Securities and Exchange
Commission or its staff upon request.
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 22-2657

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Hammaduzzaman Syed

 Defendant - Appellant

____________

Appeal from United States District Court 

for the District of Nebraska - Omaha

____________ 

Submitted: May 8, 2023

Filed: August 1, 2023

[Unpublished]

____________ 

Before SHEPHERD, STRAS, and KOBES, Circuit Judges. 

____________

PER CURIAM.

Hammaduzzaman Syed tried to pay a fifteen-year-old girl he met online for 

sex, but it turned out he was chatting with an undercover officer. A jury found him 

guilty of attempted sex trafficking of a minor, see 18 U.S.C. § 1594(a), and the 
-2- 

district court1 sentenced him to 120 months in prison. On appeal, Syed’s only 

argument is that counsel was ineffective for failing to request an entrapment 

instruction and object at various points during trial. See Strickland v. Washington, 

466 U.S. 668, 687 (1984). 

What we lack at this point, however, is a “properly developed record” to 

evaluate the claim. United States v. Ramirez-Hernandez, 449 F.3d 824, 827 (8th 

Cir. 2006). The trial record does not provide enough information, see Massaro v. 

United States, 538 U.S. 500, 504–05 (2003) (noting that the trial record “will not 

disclose the facts necessary to decide” if counsel was ineffective), so the claim will 

have to be litigated, if at all, in a motion brought under 28 U.S.C. § 2255. See 

Ramirez-Hernandez, 449 F.3d at 826–27 (explaining that this type of claim is 

“usually best litigated in collateral proceedings”). We accordingly dismiss the 

appeal.

______________________________

1

The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District 

Court for the District of Nebraska.
# Fourth Court of Appeals
San Antonio, Texas

August 5, 2022

No. 04

- 22

- 00362

- CV

Steve NUNEZ

, Appellant

v.

Alma Idalia NUNEZ

, Appellee

From the 63rd Judicial District Court

, Val Verde County, Texas

Trial Court No. 34916 Honorable Sid L. Harle , Judge Presiding



### O R D E R

Court reporters Lisa A. Traslavina and Melinda Walker filed notifications of late record. O n June 28 and June 29, 2022, in response to Traslavina’s and Walker’s notifications, respectively, we ordered appellant to provide written proof s to this court within ten days of the date of th e order s that he had paid the reporter s ’ fee s or w as entitled to appea l without paying the reporter s ’ fee s

. We further ordered that, if appellant failed to respond to our order s , his brief would be due within thirty days of the date of the order s and we would consider only those issues or points raised in appellant ’ s brief that do not require a reporter’s record for a decision. See
T EX

. R. A PP

. P. 37.3(c). Appellant did not respond to our order s , and appellant has not filed a brief. Appellant is therefore ORDERED to file, within fifteen days of the date of this order, his brief and a written response reasonably explaining: (1) his failure to timely file a brief, and (2) why appellee is not significantly injured by appellant ’ s failure to timely file a brief. If appellant fail s to timely file a brief and the written respo nse, we will dismiss this appeal for want of prosecution. See T EX

. R. A PP

. P. 38.8(a); see also T EX

. R. A PP

. P. 42.3(c) (allowing involuntary dismissal if an appellant fails to comply with a court order).

_________________________________ Rebeca C. Martinez, Chief JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 5th day of August, 2022

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(A)/15D-14(A)

        I, Melissa Payner-Gregor, certify that:

        1. I have reviewed this annual report on Form 10-K of Bluefly, Inc;

        2. Based on my knowledge, this annual 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 annual
report;

        3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual 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-15(e) and 15d-15(e)) for the registrant and we have:

                a. designed such disclosure controls and procedures to 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 annual report is being prepared;

                b. [Paragraph omitted in accordance with SEC transition
instructions contained in SEC Release 34-47986];

                c. Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our 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

                d. Disclosed in this report any change in the registrant's
internal control over financial reporting that occurred during the registrant's
most recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the registrant's internal control over financial
reporting;

        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 the registrant's board of directors (or persons performing the
equivalent function):

                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 registrant'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 registrant's internal
control over financial reporting.


Date:  March 1, 2005                                 /s/ Melissa Payner-Gregor
                                                     -------------------------
                                                     Melissa Payner-Gregor
                                                     Chief Executive Officer
II

106TH CONGRESS

1ST SESSION S. 1855

To establish age limitations for airmen.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4, 1999

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To establish age limitations for airmen.

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

3 SECTION 1. AGE AND OTHER LIMITATIONS.

4 (a) GENERAL.—Notwithstanding any other provision

5 of law, beginning on the date that is 30 days after the

6 date of enactment of this Act—

7 (1) section 121.383(c) of title 14, Code of Fed8 eral Regulations, shall not apply;

9 (2) no certificate holder may use the services of

10 any person as a pilot on an airplane engaged in op11 erations under part 121 of title 14, Code of Federal
2

•S 1855 IS

1 Regulations, if that person is 65 years of age or

2 older; and

3 (3) no person may serve as a pilot on an air4 plane engaged in operations under part 121 of title

5 14, Code of Federal Regulations, if that person is 65

6 years of age or older.

7 (b) CERTIFICATE HOLDER.—For purposes of this

8 section, the term ‘‘certificate holder’’ means a holder of

9 a certificate to operate as an air carrier or commercial

10 operator issued by the Federal Aviation Administration.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF HOOPER HOLMES, INC. AND SUBSIDIARIES AS OF
SEPTEMBER 30, 1999 AND THE RELATED CONSOLIDATED STATEMENTS OF INCOME AND CASH
FLOWS FOR THE PERIOD ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                      40,547,401
<SECURITIES>                                         0
<RECEIVABLES>                               24,813,662
<ALLOWANCES>                                 1,094,434
<INVENTORY>                                          0
<CURRENT-ASSETS>                            70,892,782
<PP&E>                                      23,652,505
<DEPRECIATION>                              15,457,649
<TOTAL-ASSETS>                             101,565,572
<CURRENT-LIABILITIES>                       15,717,890
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,167,217
<OTHER-SE>                                  82,465,102
<TOTAL-LIABILITY-AND-EQUITY>               101,565,572
<SALES>                                    161,241,344
<TOTAL-REVENUES>                           161,241,344
<CGS>                                      111,183,059
<TOTAL-COSTS>                              111,183,059
<OTHER-EXPENSES>                            24,821,945
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,947
<INCOME-PRETAX>                             26,100,475
<INCOME-TAX>                                11,539,000
<INCOME-CONTINUING>                         14,561,475
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                14,561,475
<EPS-BASIC>                                        .51
<EPS-DILUTED>                                      .48





</TABLE>