alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010274EN.01000601.xml

| 9.10.2010 | EN | Official Journal of the European Union | C 274/6 |
| --- | --- | --- | --- |

9.10.2010

EN

Official Journal of the European Union

C 274/6

---

Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 5 July 2010 — Gebr. Stolle GmbH & Co. KG v Hauptzollamt Hamburg-Jonas

(Case C-324/10)

()

2010/C 274/07

Language of the case: German

Referring court

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: Gebr. Stolle GmbH & Co. KG

Applicant:

Defendant: Hauptzollamt Hamburg-Jonas

Defendant:

Questions referred

Questions referred

| 1. | Is an ‘irregular composition’ within the meaning of product code 0207 1290 9990 characterised by the fact that a maximum total number of four of the giblets there stated may be — singly or more than once — inserted inside the carcase? |
| --- | --- |

1.

Is an ‘irregular composition’ within the meaning of product code 0207 1290 9990 characterised by the fact that a maximum total number of four of the giblets there stated may be — singly or more than once — inserted inside the carcase?

| 2. | If the answer to the first question should be in the affirmative: does subheading 0207 12 10 (1) also cover carcases inside which one of the giblets stated in that subheading has been inserted more than once? |
| --- | --- |

2.

If the answer to the first question should be in the affirmative: does subheading 0207 12 10 (1) also cover carcases inside which one of the giblets stated in that subheading has been inserted more than once?

1

---

(1)  OJ 1998 L 322, p. 31.

1

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#### David R. Longenecker, Respondent, v. John R. Kuhn and Others, Appellants.

— Order of the County Court of Kings county affirmed, with ten dollars costs and disbursements. No opinion. Woodward, Jenks, Hooker, Gaynor and Rich, JJ., concurred.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 42618

STATE OF IDAHO,

Plaintiff-Respondent,

v.

MICHAEL ANGELO JOHNSON,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2015 Unpublished Opinion No. 647

Filed: September 30, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, 

Bonneville County. Hon. Jon J. Shindurling, District Judge. 

Judgment of conviction and unified sentence of ten years with three years 

determinate for delivery of a controlled substance, affirmed.

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before MELANSON, Chief Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Michael Angelo Johnson pled guilty to delivery of a controlled substance. Idaho Code 

§ 37-2732(a)(1)(A). The district court sentenced Johnson to a unified term of ten years with 

three years determinate. Johnson appeals asserting that the district court abused its discretion by 

imposing an excessive sentence.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Johnson’s judgment of conviction and sentence are affirmed.
1

From: "Palazzolo, Michael A." <Michael.Palazzolo@alcoa.com>

To: Rochelle Boyd/RTP/USEPA/US@EPA

Date: 12/15/2010 02:42 PM

Subject: RE: ny massena pom

Rochelle,

It will startup first as a Soderberg. The prebake conversion will cost ~$700 million. 

We would not make this capital investment until after there is enough aluminum 

demand to first run the existing plant. Operation of the existing plant will 

ultimately fund the conversion.

Mike

From: Boyd.Rochelle@epamail.epa.gov [mailto:Boyd.Rochelle@epamail.epa.gov] 

Sent: Wednesday, December 15, 2010 2:32 PM

To: Palazzolo, Michael A.

Subject: RE: ny massena pom

Whenever you start it up, will it be as a prebake or soderberg?

Rochelle Boyd, Environmental Engineer

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

Sector Policies and Programs Division

109 T.W. Alexander Drive, RTP, NC 27711

Mail Drop D243-02

Ph: (919) 541-1390 Fax: (919) 541-3207

Email: boyd.rochelle@epa.gov

From: "Palazzolo, Michael A." <Michael.Palazzolo@alcoa.com>

To: Rochelle Boyd/RTP/USEPA/US@EPA

Date: 12/15/2010 02:18 PM

Subject: RE: ny massena pom

The entire process would be converted. However, the schedule is delayed due to 

the economy, so the conversion to prebake is uncertain.

Mike

From: Boyd.Rochelle@epamail.epa.gov [mailto:Boyd.Rochelle@epamail.epa.gov] 

Sent: Wednesday, December 15, 2010 2:11 PM

To: Palazzolo, Michael A.

Subject: RE: ny massena pom
2

Ok, thanks. When is the conversion to Prebake potlines scheduled to be complete and will it be the 

entire Soderberg process that is being converted?

Rochelle Boyd, Environmental Engineer

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

Sector Policies and Programs Division

109 T.W. Alexander Drive, RTP, NC 27711

Mail Drop D243-02

Ph: (919) 541-1390 Fax: (919) 541-3207

Email: boyd.rochelle@epa.gov

From: "Palazzolo, Michael A." <Michael.Palazzolo@alcoa.com>

To: Rochelle Boyd/RTP/USEPA/US@EPA

Date: 12/15/2010 01:20 PM

Subject: RE: ny massena pom

Rochelle,

Thanks. This POM emission rate is correct for Massena East. This is a horizontal 

stud Soderberg smelter.

Mike
§ 381.139 Removal of official identifications. ( a ) Every person who receives any poultry product in containers which bear any official inspection legend shall remove or deface such legend or destroy the containers upon removal of such articles from the containers.
( b ) No person shall alter, detach, deface, or destroy any official identifications prescribed in subpart M that were applied pursuant to the regulations, unless he is authorized to do so by an inspector or this section; and no person shall fail to use any such official identification when required by this part.
#### Credit Bureau Services, Inc., appellant, v. Patrick F. Moylan, appellee.

237 N. W. 2d 151

Filed January 8, 1976.

No. 40173.

John L. Cutright, for appellant.

David J. Cullan of Cullan & Cullan, for appellee.

Heard before White, C. J., Spencer, Boslaugh, McCown, Newton, Clinton, and Brodkey, JJ.

Newton, J.

This is an action to recover on a construction contract for the erection of a duplex. Defendant failed and refused to make the final payment due on the contract. The claim was assigned to plaintiff. Defendant claimed a setoff for defective construction. On trial to the court, judgment was entered for defendant. We affirm the judgment of the District Court.

The contract provided for. the furnishing of all labor and materials by the contractor, plaintiff’s assignor; construction to be done in a good and workmanlike manner; and materials to be obtained from a local Bassett, Nebraska, lumberyard subject to owner’s inspection. The contractor agreed to reexecute any work not conforming to requirements, and remedy defects due to faulty material and workmanship. The plans and specifications were made a part of the contract. The specifications required 2-inch x 4-inch truss rafters set on 24-inch centers with 6-inch thick, 25-inch wide, Johns*198Manville insulation or its equivalent. Tub areas in bathrooms were to have 1/8-inch Marlite, and Marlite around balance of bathrooms to extend to height of 4 feet, with rest of walls above Marlite in prefinished paneling. Ceilings were to have 1/2-inch sheetrock with taped joints and joint compound. Six roof ventilators and three gable-end ventilators were to be installed. There was no provision for interior painting.

The fundamental question presented is whether or not the evidence supports the judgment. The court found that there were sagging ceilings resulting from the collection of moisture due to improper insulation and insufficient ventilators, gaps between the siding and the roof, unfinished walls over the bathtubs, a discolored ceiling in one kitchen, and carpet laid crooked in one bathroom, which defects offset plaintiff’s claim. Most of the defects were admitted by the contractor who sought to excuse them on the basis of the necessity of using materials supplied by the Bassett lumberyard. There is nothing in the contract restricting the contract- or’s proper choice of materials. If the Bassett lumberyard did not have them, it could have insisted that they be obtained. It appears clear that the work was not done in a good and workmanlike manner and that the evidence sustains the finding and judgment of the trial court. “In determining the sufficiency of the evidence to sustain a judgment in a law action, it must be considered most favorably to the successful party, every controverted fact must be resolved in that party’s favor, and he must have the benefit of any inferences reasonably deducible from it.” H. D. Fager Oil Co., Inc. v Vanice, 192 Neb. 789, 224 N. W. 2d 372.

The judgment of the District Court is affirmed.

Affirmed.
# C_2007056EN.01002801.xml

| 10.3.2007 | EN | Official Journal of the European Union | C 56/28 |
| --- | --- | --- | --- |

10.3.2007

EN

Official Journal of the European Union

C 56/28

---

Order of the Court of First Instance of 6 December 2006 — movingpeople.net International BV v OHIM — Schäfer (movingpeople.net)

(Case T-92/05) (1)

1

(Community trade mark - Community figurative trade mark movingpeople.net - Opposition of the proprietor of the national word mark MOVING PEOPLE - Partial refusal of registration - Applicant's acquisition of the earlier trade mark - No need to adjudicate)

(2007/C 56/55)

Language of the case: English

Parties

Applicant: movingpeople.net International BV (Helmond, Netherlands) (represented by: G. van Roeyen and T. Berendsen, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Thomas Schäfer (Groß Schlamin, Schashagen, Germany) (represented by: D. Rohmeyer, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance:

Re:

Action for annulment brought against the decision of the First Board of Appeal of OHIM of 20 December 2004 (Case R 410/2004-1), relating to opposition proceedings between Thomas Schäfer and movingpeople.net International BV

Operative part of the judgment

| 1. | There is no need to adjudicate on the action. |
| --- | --- |

1.

There is no need to adjudicate on the action.

| 2. | The applicant is ordered to bear its own costs and to pay those incurred by the defendant. |
| --- | --- |

2.

The applicant is ordered to bear its own costs and to pay those incurred by the defendant.

| 3. | The intervener is to bear its own costs. |
| --- | --- |

3.

The intervener is to bear its own costs.

---

(1)  OJ C 115, 14.5.2005.

1

---
steam_record - Re: FW: DMG Request for Extension of Time 

 

Hi Thomas, 

This e-mail is sufficient to request an extension. Therefore, a paper copy of your letter requesting 

an extension it is not required. Thanks! 

 

Sincerely, 

Jezebele Alicea-Virella 

-----"Davis, Thomas L" <Thomas.L.Davis@dynegy.com> wrote: ----- 

To: Jezebele Alicea/DC/USEPA/US@EPA 

From: "Davis, Thomas L" <Thomas.L.Davis@dynegy.com> 

Date: 07/14/2010 01:59PM 

cc: "Diericx, Rick" <Aric.Diericx@dynegy.com>, "Leskovsek, Andreas H" 

<Andreas.H.Leskovsek@dynegy.com> 

Subject: FW: DMG Request for Extension of Time 

Ms. Alicea,

The attached letter was returned this morning to me by UPS. They said they could not deliver to 

the following address:

Jezebele Alicea

Mail Code: 4303T

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave., N.W.

Washington, D.C. 20460

What address should I use for UPS delivery?

Is a paper copy of our request even necessary, or was our July 7, 2010 e-mail attachment 

From: <Alicea.Jezebele@epamail.epa.gov>

To: "Davis, Thomas L" <Thomas.L.Davis@dynegy.com>

Date: 7/15/2010 6:10 AM

Subject: Re: FW: DMG Request for Extension of Time

Attachments: DMG Request for Extension of Time 7-6-2010.pdf

Page 1 of 2

file://C:\Documents and Settings\TMedley\Local Settings\Temp\XPgrpwise\4C3EA66CD... 8/24/2011
sufficient?

Thanks for your help.

Thomas L. Davis, P.E.

Manager; Environmental Projects

Operations Environmental Compliance

Dynegy Midwest Generation, Inc.

604 Pierce Blvd.

O'Fallon, IL 62269

Office No. 618-206-5931

Blackberry No. 618-407-8553

Fax No. 618-206-5891

9/80 Schedule "B"

From: Diericx, Rick 

Sent: Wednesday, July 07, 2010 8:51 AM 

To: alicea.jezebele@epa.gov 

Cc: Davis, Thomas L; Trammell, Ben; dellinger.robert@epa.gov; devlin.betsy@epa.gov 

Subject: DMG Request for Extension of Time

 

Attached is a copy of Dynegy Midwest Generation’s request for an extension of time to prepare 

and submit its responses to USEPA’s Steam Electric Power Generating Industry Effluent 

Limitations Guidelines Information Collection Request. 

Please let me know if you have any questions. 

Rick Diericx 

Senior Director – Dynegy Midwest Generation, Inc. 

618.206.5912 

Page 2 of 2

file://C:\Documents and Settings\TMedley\Local Settings\Temp\XPgrpwise\4C3EA66CD... 8/24/2011
<PAGE>

                                                                   Exhibit 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Forms S-8 (File Nos. 333-72648, 333-12411 and 333-93201), and the
Registration Statement on Form S-3 (File No. 333-77014, 333-81457 and 333-36798)
of Cambridge Heart, Inc., of our report dated January 24, 2002 which appears in
the Annual Report on Form 10-K for the year ended December 31, 2001.

Boston, Massachusetts
March 27, 2002
### §636e. Definitions

In this subtitle— 1

(1) the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively;

(2) the term "disaster area" means an area affected by a natural or other disaster, as determined for purposes of paragraph (1) or (2) of section 636(b) of this title, during the period of such declaration;

(3) the term "disaster loan program of the Administration" means assistance under section 636(b) of this title, as amended by this Act;

(4) the term "disaster update period" means the period beginning on the date on which the President declares a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as added by this Act) and ending on the date on which such declaration terminates;

(5) the term "major disaster" has the meaning given that term in section 5122 of title 42;

(6) the term "small business concern" has the meaning given that term under section 632 of this title; and

(7) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States.

(Pub. L. 110–234, title XII, §12052, May 22, 2008, 122 Stat. 1406; Pub. L. 110–246, §4(a), title XII, §12052, June 18, 2008, 122 Stat. 1664, 2168.)

#### **Editorial Notes**

#### References in Text

This subtitle, referred to in text, is subtitle B (§§12051–12091) of title XII of Pub. L. 110–246, which enacted this section and sections 636f to 636k and 657i to 657o of this title, amended sections 632, 633, and 636 of this title, enacted provisions set out as notes under sections 631 and 636 of this title, and amended provisions set out as a note under section 631 of this title. For complete classification of subtitle B to the Code, see Short Title of 2008 Amendment note under section 631 of this title and Tables.

Section 636(b) of this title, as amended by this Act, referred to in par. (3), is section 636(b) of this title, as amended by Pub. L. 110–246.

Paragraph (9) of section 636(b) of this title, as added by this Act, referred to in par. (4), is section 636(b)(9) of this title, as added by Pub. L. 110–246.

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.

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

#### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

1 See References in Text note below.
industrial Sites Controlierd by Qthers

[ X ] — C8t (entire page)
#### § 3.109 Separation.

Marine mammals, whenever known to be primarily social in the wild, must be housed in their primary enclosure with at least one compatible animal of the same or biologically related species, except when the attending veterinarian, in consultation with the husbandry/training staff, determines that such housing is not in the best interest of the marine mammal's health or well-being. However, marine mammals that are not compatible must not be housed in the same enclosure. Marine mammals must not be housed near other animals that cause them unreasonable stress or discomfort or interfere with their good health. Animals housed separately must have a written plan, approved by the attending veterinarian, developed in consultation with the husbandry/training staff, that includes the justification for the length of time the animal will be kept separated or isolated, information on the type and frequency of enrichment and interaction, if appropriate, and provisions for periodic review of the plan by the attending veterinarian. Marine mammals that are separated for nonmedical purposes must be held in facilities that meet minimum space requirements as outlined in § 3.104.

[66 FR 253, Jan. 3, 2001]
#### § 590.150 Official plant numbers.

An official plant number shall be assigned to each plant granted inspection service. Such plant number shall be used to identify all containers of inspected products prepared in the plant which are capable of use as human food. A plant shall not have more than one plant number.
### **CHAPTER 10A—COLLECTION OF STATE CIGARETTE TAXES**

Sec.
375.
Definitions.
376.
Reports to State tobacco tax administrator.
376a.
Delivery sales.
377.
Penalties.
378.
Enforcement.
Exhibit 32.1



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 Quarterly Report of Service Bancorp, Inc. (the Company) on Form 10-QSB for the quarter ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Pamela J. Montpelier, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



This certification is provided solely pursuant to 18 U.S.C. Section 1350 and
Item 601(b)(32) of Regulation S-B (Item 601(b)(32)) promulgated under the Securities Act of 1933 (the Securities Act) and the Securities Exchange Act of 1934 (the Exchange Act). In accordance with clause (ii) of
Item 601(b)(32), this certification (A) shall not be deemed filed for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any
filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.



|                        
|------------------------
|/s/ PAMELA J. MONTPELIER
|Pamela J. Montpelier    
|Chief Executive Officer 



February 10, 2005
### §3415. Intervention

#### (a) Authority to intervene

#### (1) Intervention as matter of right

The Secretary of Energy may intervene as a matter of right in any proceeding relating to the prorationing of, or other limitations upon, natural gas production which is conducted by any State agency having regulatory jurisdiction over the production of natural gas.

#### (2) Enforcement of right to intervene

The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene under paragraph (1).

#### (3) Access to information

As an intervenor in a proceeding described in subsection (a), the Secretary shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State agency.

#### (b) Access to State courts

#### (1) Review in State courts

The Secretary may obtain review of any determination made in any proceeding described in subsection (a)(1) in the appropriate State court if the Secretary intervened or otherwise participated in the original proceeding or if State law otherwise permits such review.

#### (2) Participation as amicus curiae

In addition to his authority to obtain review under paragraph (1), the Secretary may also participate an 1 amicus curiae in any judicial review of any proceeding described in subsection (a)(1).

(Pub. L. 95–621, title V, §505, Nov. 9, 1978, 92 Stat. 3403.)

1 So in original. Probably should be "as".
<PAGE>   1
                                                                    EXHIBIT 23.2


               CONSENT OF RYDER SCOTT COMPANY PETROLEUM ENGINEERS


         We hereby consent to the incorporation by reference into the
Registration Statement on Form S-8 (File Number 33-96274) of Tatham Offshore,
Inc. of the use of our report, Estimated Net Reserves and Income Data
Attributable to Certain Leasehold and Royalty Interests of Tatham Offshore,
Inc., dated as of June 30, 1997, and all references to our firm appearing in
this Annual Report on Form 10-K/A of Tatham Offshore, Inc. for the fiscal year
ended June 30, 1997.




                                                   RYDER SCOTT COMPANY
                                                   PETROLEUM ENGINEERS



Houston, Texas
   
July 6, 1998