alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012295EN.01000801.xml

| 29.9.2012 | EN | Official Journal of the European Union | C 295/8 |
| --- | --- | --- | --- |

29.9.2012

EN

Official Journal of the European Union

C 295/8

---

Judgment of the Court (Third Chamber) of 19 July 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Veronsaajien oikeudenvalvontayksikkö v A Oy

(Case C-48/11) (1)

1

(Direct taxation - Freedom of establishment - Free movement of capital - EEA Agreement - Articles 31 and 40 - Directive 2009/133/EC - Scope - Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement - Refusal of a tax advantage - Agreement on mutual administrative assistance in the field of taxation)

2012/C 295/12

Language of the case: Finnish

Referring court

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Veronsaajien oikeudenvalvontayksikkö

Applicant:

Defendant: A Oy

Defendant:

Re:

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Articles 31 and 40 of the Agreement of 2 May 1992 on the European Economic Area (OJ 1992 L 1, p. 3) — Interpretation of Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (OJ 2009 L 310, p. 34) — Scope of application of that directive — Exchange of shares between a company established in a Member State of the European Union and a company established in a third state that is a member of the EEA (Norway) — Whether those transactions are treated for tax purposes in the same way as an exchange of shares between domestic companies or between companies established in Member States

Operative part of the judgment

Operative part of the judgment

Article 31 of Agreement on the European Economic Area of 2 May 1992 precludes legislation of a Member State which treats an exchange of shares between a company established in that Member State and a company established in a third country that is a party to that agreement as a taxable disposal of shares whereas such an operation would be neutral for tax purposes if it concerned only domestic companies or companies established in other Member States, if there is, between that Member State and the third country, an agreement on mutual administrative assistance in the field of taxation which provides for an exchange of information between the national authorities which is as effective as that provided for in Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799, which is for the referring court to ascertain.

---

(1)  OJ C 103, 2.4.2011.

1

---
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 50917 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus
**Jose Padron,**
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas No. 6:09

- CR

- 191

- 4

Before **Smith, Dennis,**  and **Southwick,** Circuit Judges

**. Per Curiam**  **:** *
Jose Padron, federal prisoner #39456

- 177, appeals the denial of his motion for compassionate release and motion for reconsideration. The dis

trict court determined that Padron had failed to show extraordinary and com

pelling reasons warranting a sentence reduction and that the 18 U.S. C.

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum

stances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 24, 2022

Lyle W. Cayce Clerk Case: 21-50917 Document: 00516518412 Page: 1 Date Filed: 10/24/2022No. 21

- 50917

2 § 3553(a) factors did not justify a reduction. See 18 U.S.C. § 3582(c)(1)(A).

T he district court found that Padron was not sentenced based on any misinformation by an individual cooperating with the g overnment and that

t h e sentence was not affected by reduced mandatory minimum sentences under the First Step Act of 2018

. Padron fails to show that those findings are

er roneous. Additionally, although he asserts that he has had serious health issues that could make him susceptible to COVID

- 19 complications, he does

not identif y any specific health issue

. Padron’s assertions regarding whether his drug offense was serious or violent, the amount of time he has served, and his postconviction rehabilita

tion do not show that the district court based its decision on an error of law or a clearly erroneous assessment of the evidence. See United States v. Cham

bliss , 948 F.3d 691 , 69 3 (5th Cir. 2020)

. To the extent those assertions chal

lenge the district court’s determination that the § 3553(a) factors d id not jus

tify a reduction , Padron’s disagreement with the court’s balancing of the § 3553(a) factors is not a sufficient ground for reversal. See id. at 694. Padron has not shown that the district court abused its discretion. In addition to his appeal, Padron has filed a motion in this court request ing compassionate release. He cites n o authority by which an appel

late court may reduce a federal prisoner ’ s sentence in the first instance under these circumstances

. The motion is **DENIED**

. The denial of compassionate release and reconsideration is
**AFFIRMED**

. Case: 21-50917 Document: 00516518412 Page: 2 Date Filed: 10/24/2022
§ 98.4 Import permit. ( a ) Except as provided in subpart B of this part, an animal embryo shall not be imported into the United States unless accompanied by an import permit issued by APHIS and unless imported into the United States within 14 days after the proposed date of arrival stated in the import permit.
( b ) An application for an import permit must be submitted to the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. An application form for an import permit may be obtained from this staff.
( c ) The completed application shall include the following information: ( 1 ) The name and address of the person intending to export an embryo from the region of origin,
( 2 ) The name and address of the person intending to import an embryo,
( 3 ) The species, breed, and number of embryos to be imported,
( 4 ) The purpose of the importation,
( 5 ) The region in which the embryo is conceived,
( 6 ) The port of embarkation,
( 7 ) The mode of transportation,
( 8 ) The route of travel,
( 9 ) The port of entry in the United States,
( 10 ) The proposed date of arrival in the United States,
( 11 ) The name and address of the person to whom the embryo will be delivered in the United States, and
( 12 ) The measures to be taken to ensure that the embryo is collected and maintained under conditions adequate to protect against contamination of the embryo with infectious animal disease organisms.
( d ) Applications for a permit to import sheep and goat embryos and oocytes must include the flock identification number of the receiving flock and the premises or location identification number assigned in the APHIS National Scrapie Database; or, in the case of embryos or oocytes moving to a storage facility, the premises or location identification number must be included.
( e ) After receipt and review of the application by APHIS, an import permit indicating the applicable conditions under this subpart for importation into the United States shall be issued for the importation of embryos described in the application if such embryos appear to be eligible to be imported. Even though an import permit has been issued for the importation of an embryo, the embryo may be imported only if all applicable requirements of this subpart are met.
[50 FR 43563, Oct. 25, 1985, as amended at 56 FR 55809, Oct. 30, 1991; 57 FR 29194, July 1, 1992; 59 FR 67616, Dec. 30, 1994; 62 FR 56025, Oct. 28, 1997; 86 FR 45629, Aug. 16, 2021; 86 FR 68863, Dec. 3, 2021]
# C_2012273EN.01002301.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 273/23 |
| --- | --- | --- | --- |

8.9.2012

EN

Official Journal of the European Union

C 273/23

---

Order of the General Court of 13 July 2012 — Embraer and Others v Commission

(Case T-75/10) (1)

1

2012/C 273/39

Language of the case: English

The President of the Seventh Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 113, 1.5.2010.

1

---
EXHIBIT 32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

     In  connection  with  the  accompanying  Quarterly Report on Form 10-QSB of
Gateway Distributors, Ltd. for the quarter ending September 30, 2005, I, Richard
A.  Bailey,  Chief  Executive  Officer  and  Chief  Financial Officer of Gateway
Distributors,  Ltd.,  hereby  certify  pursuant  to  18  U.S.C. Section 1350, as
adopted  pursuant  to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of  my  knowledge  and  belief,  that:

     1.     Such  Quarterly  Report  on  Form  10-QSB  for  the  quarter  ending
September  30,  2005,  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 such Quarterly Report on Form 10-QSB
for  the  quarter  ending  September  30, 2005, fairly presents, in all material
respects,  the  financial  condition  and  results  of  operations  of  Gateway
Distributors,  Ltd.

     Dated:  November  18,  2005.

                                        /s/  Richard  A.  Bailey
                                        ----------------------------------------
                                          Richard  A.  Bailey,  Chief  Executive
                                          Officer  and  Chief  Financial Officer
                                          of Gateway Distributors,  Ltd.


                                        9
<PAGE>
#### Adler Business Machines, Inc., Plaintiff-Appellee, *v.*Babbey Office Machines, Inc., Defendant-Appellant.

(No. 58910;

First District (2nd Division)

November 19, 1974.

*39John W. Pumey, of Chicago, for appellant.

Teller, Levit & Silvertrust and Louis I. Kessler, both of Chicago, (Arthur Raphael, of counsel), for appellee.

PER CURIAM.
# C_2010209EN.01004401.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/44 |
| --- | --- | --- | --- |

31.7.2010

EN

Official Journal of the European Union

C 209/44

---

Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)

(Case T-235/10)

()

2010/C 209/67

Language in which the application was lodged: German

Parties

Parties

Applicant: Timehouse GmbH (Eystrup, Germany) (represented by V. Knies, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in case R 0942/2009-1; and |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in case R 0942/2009-1; and

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: A three-dimensional trade mark, representing a watch for goods in Class 14.

Community trade mark concerned:

Decision of the Examiner: Rejection of the application for registration.

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and of Council Regulation No 207/2009 (1), as the trade mark is distinctive.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
Exhibit
32.2


CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 Rapid Link, Incorporated (the “Company”) on
Form 10-K for the fiscal year ended October 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, John A.
Jenkins, Chief 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 to my knowledge:
 
 (1) This
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 this Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 
 Date:
      February 15, 2010
              /s/
      John A. JenkinsJohn
      A. JenkinsChief
      Financial Officer
# Rupprecht Law P. A. 3 24 Datura Street , Suite 200 | West Palm Beach, FL 33401 P: (561) 222 - 6979 | E : jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com August 10 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12 - 140, Washington, DC 20590 RE: Receipt of confidentially submitted documents for Strataswarm, Inc. Dear Sir or Madam: Strataswarm, Inc. ( Docket ID: FAA - 2015 - 3175 ) confidentially submitted to 333exemptions@faa.gov the follow documents: 1) Motion Picture & Television Operations Manual 2) Aircraft Flight Manual - DJI Phantom 2 3 ) Aircraft Flight Manual - DJI Phantom 3 4 ) Aircraft Flight Manual - DJI Inspire 1 5 ) Aircraft Flight Manual - DJI S 900 6 ) Aircraft Flight Manual - Cinestar 6 7 ) Aircraft Flight Manual - Cinestar 8 8) Aircraft Flight Manual - AerialPixels FX8 Pr o Elite 9) Aircraft Flight Manual - Mini 250 A receipt was obtained on Tue, August 0 4 , 2015 . If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at (561)222 - 6979 or at my email jon@jrupprechtlaw.com Sincerely yours,

_____________________ Jonathan Rupprecht, Esq .
### §3102. Report to Congressional committees

Not later than one year after October 27, 1978, the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives each shall conduct a study and submit a report, including findings and recommendations, to the Committee on Rules and Administration of the Senate and the Committee on Rules of the House, respectively, on the subject of establishing a full employment goal in connection with the provisions of this chapter.

(Pub. L. 95–523, §3, Oct. 27, 1978, 92 Stat. 1889; S. Res. 30, Mar. 7, 1979.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–523, Oct. 27, 1978, 92 Stat. 1887, known as the Full Employment and Balanced Growth Act of 1978, which enacted this chapter and sections 1022a to 1022f of this title, amended sections 1021, 1022, and 1023 of this title, sections 632 and 636 of Title 2, The Congress, and section 225a of Title 12, Banks and Banking, and enacted provisions set out as notes under sections 1021 and 3101 of this title and section 225a of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Previously, Committee on Human Resources of the Senate changed to Committee on Labor and Human Resources effective Mar. 7, 1979, by Senate Resolution No. 30, 96th Congress. See, also, Rule XXV of Standing Rules of the Senate adopted Nov. 14, 1979.
Exhibit 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statements of
Financial Security Assurance Holdings Ltd. on Form S-8 (File No. 33-78784) (1993
Equity Participation Plan), Form S-8 (File No. 33-92648) (Deferred Compensation
Plan), and Form S-3 (File Nos. 333-74165 and 333-92985) (Debt Securities, Common
Stock, Stock Purchase Contracts, Stock Purchase Units and Preferred Stock), of:

      1.    Our report dated February 4, 2002, on our audits of the consolidated
            balance sheets of Financial Security Assurance Holdings Ltd. and
            Subsidiaries as of December 31, 2001 and 2000, and the related
            consolidated statements of operations and comprehensive income,
            changes in shareholders' equity and cash flows for each of the three
            years in the period ended December 31, 2001 and on our audits of the
            financial statement schedule relating to the consolidated financial
            statements of Financial Security Assurance Holdings Ltd. and
            Subsidiaries, which report is included in this Annual Report on Form
            10-K for the fiscal year ended December 31, 2001; and

      2.    Our report dated February 4, 2002, on our audits of the consolidated
            balance sheets of Financial Security Assurance Inc. and Subsidiaries
            as of December 31, 2001 and 2000, and the related consolidated
            statements of operations and comprehensive income, changes in
            shareholders' equity and cash flows for each of the three years in
            the period ended December 31, 2001, which report is included in
            exhibit 99 to this Annual Report on Form 10-K for the fiscal year
            ended December 31, 2001.


/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
New York, New York
March 27, 2002
**Intertek / ETL Se mko**  3933 U.S. Route 11, Cortland, NY 13045 Telephone (607) 758

- 6334 or (800) 345

- 3851 Fax (607) 758

- 6645

http: \ \www.etlcable.com Septem ber 19, 2007 (Revised October 3, 2007) Mr. Richard Maruya A & S Trust and Holdings
**Room Air Conditioner Test Plan for R**  **efrigerant HCR188C** Intertek has selected a Haier America Room Air Conditioner, Model HWF05XC7 , for testing with refrigerant HCR188C. The test sample has com pleted AHAM Certification testing. Haier America will need to confirm in writing that this sample can be used by Richard Maruya for this testing

. The certified AHAM rating is 5,200 Btuh / 9.7 EER with R

- 22 refrigerant

. The nam eplate R

- 22 refrigerant charge will be recorded. T est sample will be set up in the ASHRAE 16 facility and reclaimed of the production refrigerant. The test sample will then be evacuated of all remaining refrigerant by a vacuum pump. 20% of the or iginal nameplate charge of the HCR188C refrigerant will initially be weighed into the test sample. The test facility and room air conditioner will be operated until steady state conditions are obtained at the AHAM RAC

- 1 Standard Rating Test Condition. Th e cooling capacity and EER will be started with a 20% refrigerant charge. The following refrigerant charging and test procedure was subm itted by Margaret Sheppard, USEPA/Stratospheric Protection Division. “ The testing needs to continue beyond a refrigeran t charge of 35% of nameplate charge until the EER falls for two consecutive charge values. If the EER falls for two consecutive charge values before reaching 35%, then continue testing to 35% of nameplate charge. If the EER decreases compared to the trial at the previous charge, that is the first fall in EER. If the EER value falls at 25% and at 30%, continue the test at 35%. If the EER has not started to decrease at 30% of nameplate charge, then continue testing at intervals of 5% of nameplate charge (35 %, 40%, 45%, 50%, and so on), until the EER falls for two trials in a row. If the EER falls and then goes up again or remains constant for the next trial, continue testing until the EER falls for two trials in a row. ”A report will be issued stating the AHAM Certified performance of the test

sam ple and the HCR188C performance and charge rates. Sincerely, Robert J. Hill Senior HVAC/R Engineer Intertek ETL SEMKO
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-10488

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE CORRERA-SALINAS,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:08-CR-313-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jose Correra-Salinas

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Correra-Salinas has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

December 15, 2009

Charles R. Fulbruge III

Clerk
§ 147.46 Committee consideration of proposed changes. ( a ) The following committees shall be established to give preliminary consideration to the proposed changes falling in their respective fields: ( 1 ) Egg-type breeding chickens.
( 2 ) Meat-type breeding chickens.
( 3 ) Breeding turkeys.
( 4 ) Breeding waterfowl, exhibition poultry, and game birds.
( 5 ) Breeding ostriches, emus, rheas, and cassowaries.
( 6 ) Egg-type commercial chickens.
( 7 ) Meat-type commercial chickens.
( 8 ) Meat-type commercial turkeys.
( 9 ) Commercial upland game birds and waterfowl and raised-for-release upland game birds and waterfowl.
( b ) Each official delegate shall be appointed a voting member in one of the committees specified in paragraph (a) of this section.
( c ) Since several of the proposals may be interrelated, the committees shall consider them as they may relate to others, and feel free to discuss related proposals with other committees.
( d ) The committees shall make recommendations to the conference as a whole concerning each proposal. The committee report shall show any proposed change in wording and the record of the vote on each proposal, and suggest an effective date for each proposal recommended for adoption. The individual committee reports shall be submitted to the chairman of the conference, who will combine them into one report showing, in numerical sequence, the committee recommendations on each proposal. Once completed, the combined committee report will be distributed electronically to the Official State Agencies prior to the delegates voting on the final day of the biennial conference.
( e ) The committee meetings shall be open to any interested person. Advocates for or against any proposal should feel free to appear before the appropriate committee and present their views.
[36 FR 23121, Dec. 3, 1971, as amended at 41 FR 48727, Nov. 5, 1976. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 65 FR 8023, Feb. 17, 2000; 71 FR 56333, Sept. 26, 2006; 74 FR 14718, Apr. 1, 2009; 83 FR 28355, June 19, 2018]