alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

June 10, 2013

No. 04

- 13

- 0 0360

- CV

IN RE John PHELPS

Original Mandamus Proceeding 1

ORDER

Sitting: Karen Angelini, Justice

Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

On June 7, 2013, relator fil ed a petition for writ of mandamus and a motion for

emergency stay. This court is of the opinion that a serious question concerning the mandamus

relief sought requires further consideration. See T EX

. R. A PP

. P. 52.8(b). The responden t and

the real parties in interest may file a response to the petition in this court no later than

June 24, 2013. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

Relator’s request for interim relief is DENIED. The record pr ovided does not include an

order setting relator’s motion to transfer continuing exclusive jurisdiction for hearing.

It is so ORDERED on June 10, 2013

. PER CURIAM

ATTESTED TO: _____________________________

Kei th E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2000

- CI

- 07648, styled In the Interest of E. H

- P., A Minor Child

, pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Richard Price presiding.
# C_2012032EN.01002402.xml

| 4.2.2012 | EN | Official Journal of the European Union | C 32/24 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 32/24

---

Judgment of the General Court of 14 December 2011 — Allen and Others v Commission

(Case T-433/10 P) (1)

1

(Appeal - Staff employed at the JET joint undertaking - Application of a legal status different from that of members of the temporary staff - Compensation for material damage suffered - Time-limits for instituting proceedings - Late submission - Reasonable period)

2012/C 32/48

Language of the case: English

Parties

Parties

Appellants: John Allen (Horspath, United Kingdom) and the 109 other appellants whose names are listed in the annex to the judgment (represented by: K. Lasok QC and B. Lask, Barrister)

Appellants:

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents)

Other party to the proceedings:

Re:

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 13 July 2010 in Case F-103/09 Allen and Others v Commission (not yet published in the ECR) seeking to have that order set aside.

Allen and Others

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Mr John Allen and the 109 other appellants whose names are listed in the annex to bear their own costs and those incurred by the European Commission in the present proceedings. |
| --- | --- |

2.

Orders Mr John Allen and the 109 other appellants whose names are listed in the annex to bear their own costs and those incurred by the European Commission in the present proceedings.

---

(1)  OJ C 317, 20.11.2010.

1

---
§ 115.213 Supervision and monitoring. ( a ) For each facility, the agency shall develop and document a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect residents against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, agencies shall take into consideration: ( 1 ) The physical layout of each facility;
( 2 ) The composition of the resident population;
( 3 ) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
( 4 ) Any other relevant factors.
( b ) In circumstances where the staffing plan is not complied with, the facility shall document and justify all deviations from the plan.
( c ) Whenever necessary, but no less frequently than once each year, the facility shall assess, determine, and document whether adjustments are needed to: ( 1 ) The staffing plan established pursuant to paragraph (a) of this section;
( 2 ) Prevailing staffing patterns;
( 3 ) The facility's deployment of video monitoring systems and other monitoring technologies; and
( 4 ) The resources the facility has available to commit to ensure adequate staffing levels.
Exhibit 99.1

                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


     In connection with the Annual Report on Form 10-K for the fiscal year ended
December 31, 2002 (the "Form 10-K") of  Middleburg  Financial  Corporation  (the
"Company"),  I, Joseph L.  Boling,  Chairman of the Board,  President  and Chief
Executive  Officer,  hereby certify  pursuant to 18 U.S.C.  ss. 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act of  2002,  that,  to my
knowledge:

     (a)  the Form 10-K fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934, as amended; and

     (b)  the  information  contained in the Form 10-K fairly  presents,  in all
material  respects,   the  consolidated   financial  condition  and  results  of
operations  of the  Company  and its  subsidiaries  as of, and for,  the periods
presented in the Form 10-K.


Date:  March 28, 2003                     /s/ Joseph L. Boling
                                         --------------------------------------
                                          Joseph L. Boling
                                          Chairman of the Board, President
                                          and Chief Executive Officer








[A signed  original of this written  statement  required by Section 906 has been
provided to Middleburg Financial  Corporation and will be retained by Middleburg
Financial Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.]
# C_2010317EN.01003602.xml

| 20.11.2010 | EN | Official Journal of the European Union | C 317/36 |
| --- | --- | --- | --- |

20.11.2010

EN

Official Journal of the European Union

C 317/36

---

Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)

(Case T-424/10)

()

2010/C 317/66

Language in which the application was lodged: German

Parties

Parties

Applicant: Dosenbach-Ochsner AG Schuhe und Sport (Dietikon, Switzerland) (represented by: O. Rauscher, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Sisma SpA (Mantova, Italy)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 July 2010 in Case R 1638/2008-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 July 2010 in Case R 1638/2008-4;

| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
| --- | --- |

—

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a rectangle with elephants for goods in Classes 10, 16, 21, 24 and 25

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: SISMA S.p.A.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: the applicant

Applicant for the declaration of invalidity:

Trade mark right of applicant for the declaration: international and national figurative marks representing an elephant and the national word mark ‘elefanten’ for goods in Classes 24 and 25

Trade mark right of applicant for the declaration:

Decision of the Cancellation Division: rejection of the application for a declaration of invalidity

Decision of the Cancellation Division:

Decision of the Board of Appeal: dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) and (2)(a) of Regulation (EC) No 207/2009 (1) as the marks at issue are conceptually, visually and aurally similar and the applicant has expressly submitted that its trade marks have acquired a highly distinctive character as a result of intensive use or their reputation.

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 23.1











CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM









We consent to the incorporation by reference in Registration Statements (No. 333-45962 and 333-160422) on Form S-3 and Registration Statement (No. 333-93447) on Form S-8 of Middleburg Financial Corporation of our reports dated March 16, 2011, relating to our audits of the consolidated financial statements and internal control over financial reporting, which appear in this Annual Report on Form 10-K of Middleburg Financial Corporation for the year ended December 31, 2010.





Graphic


Yount, Hyde & Barbour, P.C.





Winchester, Virginia


March 16, 2011
exhibit_4-2.htm










Exhibit 4.2


 


This ADDENDUM TO SERVICES AGREEMENT is entered into on April 28, 2015 between ELRON ELECTRONIC INDUSTRIES LTD., a public company incorporated and existing under the laws of the State of Israel (“Elron”) and DISCOUNT INVESTMENT CORPORATION LTD., a public company incorporated and existing under the laws of the State of Israel (“DIC”).


 



	
WHEREAS

	
Elron and DIC are parties to a Services Agreement dated as of March 19, 2009 with respect to the provision of certain managerial and administrative services by DIC to Elron, the term of which is three years lapsing on April 30, 2012 (the " Agreement"); and







 



	
WHEREAS

	
on May 23, 2012, Elron and DIC entered into an addendum to the Agreement pursuant to which the term of the Agreement was extended until April 30, 2015 and the fee payable for such services was revised as set forth therein.







 



	
WHEREAS

	
Elron and DIC wish to further extend the term of the Agreement and further revise the amount of the fee for such services to be payable under the Agreement in respect of such extended term;







 


NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS:


 



	
1.

	
The term of the Agreement is extended by a period of three consecutive years ending on April 30, 2018 (the "Extended Period").







 



	
2.

	
All the provisions of the Agreement shall apply with respect to the Extended Period as well, except that for the purpose of Section 9 of the Agreement applying in respect of the Extended Period: (i) the Fee shall be in the amount of NIS 6,000,000 per annum; and (ii) the amount of the Fee shall be linked to the Basic Index commencing as of May 1, 2016; and (iii) the Basic Index shall be the higher of the Index known as of May 1, 2015 and the Index known as of May 1, 2016.







 



	
3.

	
This Addendum is effective as of May 1, 2015.







 



	
4.

	
This Addendum forms an integral part of the Agreement. Capitalized terms not defined herein shall have the meanings ascribed thereto in the Agreement.







 


IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT:


 



	
                               /s/                                         

	 	
 
                                          /s/                                                




	
ELRON ELECTRONIC INDUSTRIES LTD.

	 	
DISCOUNT INVESTMENT CORPORATION LTD.
### §77z. Separability

If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(May 27, 1933, ch. 38, title I, §26, 48 Stat. 88.)
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

18 U.S.C. SECTION 1350

In connection with the Annual Report of The Goldfield Corporation (the
Company) on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John H. Sottile, Chairman of the Board, President and Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to The Goldfield Corporation and
will be retained by The Goldfield Corporation and furnished to the Securities and Exchange Commission or its staff upon request.



/s/ JOHN H. SOTTILEJohn H. SottileChairman of the Board, President and Chief Executive Officer (Principal Executive Officer)March 26, 2010
|  |  Progenics Pharmaceuticals, Inc.777 Old Saw Mill River RoadTarrytown, New York 10591Fax: (914) 784-1845(914) 789-2800www.progenics.com |
|--|---------------------------------------------------------------------------------------------------------------------------------------------|
| Contact:  | Melissa DownsCorporate Development(914) 789-2801mdowns@progenics.com |
|----------------|----------------------------------------------------------------------|

----

----
### SUBCHAPTER I—ESTABLISHMENT AND ADMINISTRATION
----

|   | 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 Company. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May  11, 2011 |                                                              |   |
|-------------------------------------------|-------------------------------------------------------------------|--------|
|                                      |                                                              |   |
|                                      | /s/ W. John Short         |   |
|                                      | W. John Short                                                     |
|                                      | Chief Executive Officer                                           |

|   | /s/ J. Dale Belt              |   |
|--------|------------------------------------------------------------------------------------------------|--------|
|   | Jerry Dale Belt                                                                                |
|   | Chief Financial Officer                                                                        |

----
#### § 16.48 Preservation of records.

Each component shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or by the National Archives and Records Administration's General Records Schedule 4.2. Records shall not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the Privacy Act.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the quarterly report of GoAmerica, Inc. (the “Company”) on Form 10-Qfor the quarter ended June 30, 2008 filed with the Securities and Exchange Commission (the “Report”), I, Daniel R. Luis, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934; and 

(2) The information contained in the Report fairly presents, in all material respects, theconsolidated financial condition of the Company as of the dates presented and consolidated results of operations of the Company for the periods presented. 

Dated: August 14, 2008 

 

 

This certification has been furnishedsolely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
### §9441. Stakeholder outreach

In carrying out the activities under section 278h–1 of this title as amended by title III of this Act,1 the Director shall—

(1) solicit input from university researchers, private sector experts, relevant Federal agencies, Federal laboratories, State, Tribal, and local governments, civil society groups, and other relevant stakeholders;

(2) solicit input from experts in relevant fields of social science, technology ethics, and law; and

(3) provide opportunity for public comment on guidelines and best practices developed as part of the Initiative, as appropriate.

(Pub. L. 116–283, div. E, title LIII, §5302, Jan. 1, 2021, 134 Stat. 4539.)

#### **Editorial Notes**

#### References in Text

Section 278h–1 of this title as amended by title III of this Act, referred to in text, probably means section 278h–1 of this title as added by title LIII of Pub. L. 116–283, div. E, Jan. 1, 2021, 134 Stat. 4536.

1 See References in Text note below.
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET AND STATEMENTS OF OPERATIONS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH 10QSB FOR THE QUARTER ENDED June 30,
2000.


<S>                                        <C>
<PERIOD-TYPE>                              3-MOS
<FISCAL-YEAR-END>                          Sep-30-2000
<PERIOD-END>                               Jun-30-2000
<CASH>                                            3981
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  3981
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    3981
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3416
<OTHER-SE>                                         565
<TOTAL-LIABILITY-AND-EQUITY>                      3981
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                      743
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (743)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (743)
<EPS-BASIC>                                    (.000)
<EPS-DILUTED>                                    (.000)



</TABLE>
Support Memoranda for Marine Tank Vessel Loading Operations

Penny Lassiter to: Cortney_Higgins 03/24/2011 05:25 PM

Cc: Steve Shedd, Mary Kissell

History: This message has been forwarded.

Cortney,

Please find attached the supporting memoranda for the Marine Tank Vessel Loading Operations.

Penny Lassiter

Group Leader

Refining and Chemicals Group (D205-01)

Sector Policies and Programs Division

Office of Air Quality Planning and Standards

U.S. EPA

Research Triangle Park, NC 27711

(919) 541-5396
### §1155. Authority of Secretary of Commerce

#### (a) Regulations with respect to taking of fur seals on Pribilof Islands and on lands subject to United States jurisdiction

The Secretary shall prescribe such regulations with respect to the taking of fur seals on the Pribilof Islands and on lands subject to the jurisdiction of the United States as he deems necessary and appropriate for the conservation, management, and protection of the fur seal population, and to dispose of any fur seals seized or forfeited pursuant to this chapter, and to carry out the provisions of the Convention, and shall deliver to authorized agents of the parties such fur seal skins as the parties are entitled to under the Convention.

#### (b) Agreements with public and private entities

The Secretary is authorized to enter into agreements with any public or private agency or person for the purpose of carrying out the provisions of the Convention and of this subchapter, including but not limited to the taking of fur seals on the Pribilof Islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds therefrom.

#### (c) Taking of fur seals on Saint Paul and Saint George Islands; preference; separate fund in Treasury

The Secretary shall give preference to the village corporations of Saint Paul and Saint George Islands established pursuant to section 1607 of title 43 for the taking of fur seals on the village corporations' respective islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds therefrom. Any proceeds therefrom will be deposited in a separate fund in the Treasury and will be available to the Secretary, subject to appropriations, for the purpose of this section. All seal harvests will be financed, to the extent possible, from proceeds collected in preceding years or unsold assets retained from harvests conducted in preceding years. In the event that such assets and proceeds are insufficient, as determined by the Secretary, to finance the seal harvest in accordance with the requirements of the Convention, there are authorized to be appropriated to the Secretary for fiscal year 1984, and for fiscal year 1985 and beyond if the Convention is extended by protocol signed by the parties and made effective as to the United States, such sums as may be necessary to carry out the harvest and curing on the Pribilof Islands. Such amounts as are determined by the Secretary to exceed amounts required to carry out this section shall be transferred to the General Fund of the Treasury.

(Pub. L. 89–702, title I, §105, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, §2, Oct. 14, 1983, 97 Stat. 836.)

#### **Editorial Notes**

#### Amendments

1983—Pub. L. 98–129 amended section generally, substituting provisions delineating the authority of the Secretary of Commerce, which were previously contained in sections 1154 and 1185 of this title, for provisions which had set out enforcement steps. See section 1156 of this title.