alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008301EN.01003401.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/34 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/34

---

Order of the Court of First Instance of 12 September 2008 — Keinhorst v Commission

(Case T-428/03) (1)

1

(Staff case - Officials - Interlocutory judgment - No need to adjudicate)

(2008/C 301/55)

Language of the case: French

Parties

Applicant: Gerhard Keinhorst (Overijse, Belgium) (represented by: N. Lhoëst, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented initially by C. Berardis-Kayser and L. Lozano Palacios, and subsequently by C. Berardis-Kayser and H. Krämer, Agents)

Defendant:

Re:

First, application for annulment of the Commission's decisions of 23 December 2002 and 14 April 2003 altering the applicant's classification in grade, in so far as they fix his classification in step on recruitment in step 1 of Grade A6, fix 5 October 1995 as the date on which the decisions were to have pecuniary effect and did not re-establish the applicant's career grade, and an application for annulment of the Commission's decisions of 4 September and 24 November 2003 rejecting the applicant's complaints and, second, an application for compensation for the damage allegedly caused.

Operative part of the order

| 1. | There is no longer any need to adjudicate on this action. |
| --- | --- |

1.

There is no longer any need to adjudicate on this action.

| 2. | The Commission shall pay all the costs. |
| --- | --- |

2.

The Commission shall pay all the costs.

---

(1)  OJ C 47, 21.2.2004.

1

---
<TABLE> <S> <C>

<ARTICLE>                                   5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF POWER TEST INVESTORS LIMITED
PARTNERSHIP AS OF DECEMBER 31, 1995 AND FOR THE YEAR THEN ENDED AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
<MULTIPLIER>                            1,000
       
<S>                               <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                 DEC-31-1995
<PERIOD-END>                      DEC-31-1995
<CASH>                                  5,755
<SECURITIES>                                0
<RECEIVABLES>                               0
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                            0
<PP&E>                                 48,893
<DEPRECIATION>                         18,980
<TOTAL-ASSETS>                         40,867
<CURRENT-LIABILITIES>                       0
<BONDS>                                35,456
<COMMON>                                    0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<OTHER-SE>                              5,133
<TOTAL-LIABILITY-AND-EQUITY>           40,867
<SALES>                                     0
<TOTAL-REVENUES>                       13,391
<CGS>                                       0
<TOTAL-COSTS>                             924
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                      3,651
<INCOME-PRETAX>                         7,800
<INCOME-TAX>                                0
<INCOME-CONTINUING>                     7,800
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                            7,800
<EPS-PRIMARY>                            1.20
<EPS-DILUTED>                            1.20
        

</TABLE>
# C_2023324EN.01001201.xml

| 14.9.2023 | EN | Official Journal of the European Union | C 324/12 |
| --- | --- | --- | --- |

14.9.2023

EN

Official Journal of the European Union

C 324/12

---

Notice for the attention of the natural or legal persons, entities or bodies subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1767, and in Council Regulation (EU) No 269/2014 as implemented by Implementing Regulation (EU) 2023/1765 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(2023/C 324/05)

The following information is brought to the attention of the natural or legal persons, entities or bodies that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2023/1767 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3) as implemented by Council Implementing Regulation (EU) 2023/1765 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

1

2

3

4

Article 9(2) of Regulation (EU) No 269/2014 requires that those natural or legal persons, entities or bodies must report, before 1 September 2022 or within 6 weeks from the date of listing in Annex I, whichever is latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located. They must cooperate with the national competent authority in any verification of such information. Failure to comply with these obligations will be considered as circumvention of the measures on the freezing of funds and of economic resources.

The information to be reported must be sent to the competent authority of the relevant Member State, via its website as indicated in Annex II to Regulation (EU) No 269/2014.

---

(1)  
  OJ L 78, 17.3.2014, p. 16.

1

(2)  
  OJ L 226, 14.9.2023, p. 104.

2

(3)  
  OJ L 78, 17.3.2014, p. 6.

3

(4)  
  OJ L 226, 14.9.2023, p. 3.

4

---
Editorial Note on Part 817
Editorial Note: At 82 FR 54999, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.

§ 817.132 Cessation of operations: Permanent. ( a ) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and according to the permit approved by the regulatory authority.
( b ) All surface equipment, structures, or other facilities not required for continued underground mining activities and monitoring, unless approved as suitable for the postmining land use or environmental monitoring, shall be removed and the affected lands reclaimed.
[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
### §3370a. Biennial report on foreign investment risks

#### (a) Intelligence community interagency working group

#### (1) Requirement to establish

The Director of National Intelligence shall establish an intelligence community interagency working group to prepare the biennial reports required by subsection (b).

#### (2) Chairperson

The Director of National Intelligence shall serve as the chairperson of such interagency working group.

#### (3) Membership

Such interagency working group shall be composed of representatives of each element of the intelligence community that the Director of National Intelligence determines appropriate.

#### (b) Biennial report on foreign investment risks

#### (1) Report required

Not later than 180 days after December 20, 2019, and not less frequently than once every 2 years thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees a report on foreign investment risks prepared by the interagency working group established under subsection (a).

#### (2) Elements

Each report required by paragraph (1) shall include identification, analysis, and explanation of the following:

(A) Any current or projected major threats to the national security of the United States with respect to foreign investment.

(B) Any strategy used by a foreign country that such interagency working group has identified to be a country of special concern to use foreign investment to target the acquisition of critical technologies, critical materials, or critical infrastructure.

(C) Any economic espionage efforts directed at the United States by a foreign country, particularly such a country of special concern.

#### (c) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the congressional intelligence committees;

(2) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and

(3) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives.

(Pub. L. 116–92, div. E, title LXVII, §6716, Dec. 20, 2019, 133 Stat. 2227.)

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

#### Definitions

For definitions of "intelligence community" and "congressional intelligence committees", referred to in text, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
### §5385. Regulations

The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

(Added Pub. L. 95–454, title IV, §407(a), Oct. 13, 1978, 92 Stat. 1172.)

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

#### Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
#### In the Matter of Williamsville Teachers Association, Appellant, v A. Bernard Hatch, Individually and as Superintendent of Schools of the Williamsville Central School District, et al., Respondents.

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: On the evidence before her the arbitrator properly ordered payment to the grievant Frances Kaczor of an amount equal to the salary she would have received if she had been employed on a full-time basis in the 1974 summer school without providing for a setoff of $450 which it is now conceded she received for her work on a curriculum development project. Respondents called no witness and offered no proof before the arbitrator to establish their right to such setoff which they now assert. Since there is no dispute as to the amount that the grievant would have earned from summer school work, in accordance with the arbitrator’s award respondents were required to pay to grievant the sum of $1,492. Respondents cannot claim credit for the $450 received by grievant on the curriculum development project, and Special Term improperly denied her entitlement to such sum with interest from the date of the judgment *1145confirming the award. However, there is no indication that respondents have acted in bad faith or out of a desire to frustrate the rights of the grieved employee. It appears that the payment of the award by respondents, while taking a credit for the $450 earned by grievant on the curriculum development project during the period covered by the award, resulted from a misinterpretation of the award by respondents and did not demonstrate a contumacious attitude on their part or any purpose to obstruct the administration of justice. It would therefore not serve the interests of justice to grant petitioner’s motion that respondents be adjudged in contempt for their failure to make such payment (see *National Labor Relations Bd. v Brashear Frgt. Lines,*127 F2d 198; *Matter of Pearl Riv. Teachers Assn. v Westbrook,*57 AD2d 570). (Appeal from order of Erie Supreme Court—contempt.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.
Exhibit 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in Longs Drug Stores Corporation Registration Statement Nos. 033-54959, 033-60005, 333-88786, 333-98913,
333-98915 and 333-109863 on Form S-8 of our report dated April 11, 2005 (which expresses an unqualified opinion and contains an explanatory paragraph relating to the adoption of a new accounting standard in fiscal 2003), appearing in the Annual
Report on Form 10-K of Longs Drug Stores Corporation for the year ended January 27, 2005.



LOGO

San Francisco, California

April 11, 2005
Exhibit 32.2








The following certification accompanies Dynamics Research Corporation’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2011 and is not filed as provided in Item 601(b)(32)(ii) of Regulation S-K of the Securities and Exchange Commission.




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 on Form 10-Q of Dynamics Research Corporation, a Massachusetts corporation (the “Company”), for the quarter ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, the Chief Financial Officer of the Company, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to his knowledge:




(1) the Report of the Company filed today pursuant to Section 13(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), fully complies with the requirements of Section 13(a) of the Exchange Act; 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:  August 9, 2011
/s/ David KeleherSenior Vice President, Chief Financial Officer and Treasurer
#### § 913.16 [Reserved]
<PAGE>   1
                                                                    Exhibit 15.7




DTE Energy Company and
The Detroit Edison Company
Detroit, Michigan

We have made reviews, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of DTE Energy Company and subsidiaries and of The Detroit Edison
Company and subsidiaries for the three-month periods ended March 31, 1998 and
1997, as indicated in our report dated April 27, 1998. Because we did not
perform an audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended March 31, 1998, is
incorporated by reference in the following Registration Statements:

         FORM                       REGISTRATION NUMBER

         DTE Energy Company
         Form S-3                   33-57545
         Form S-8                   333-00023
         Form S-8                   333-47247

         The Detroit Edison Company
         Form S-3                   33-53207
         Form S-3                   33-64296

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.




Deloitte & Touche LLP
Detroit, Michigan
April 27, 1998
**Exhibit 31.2**CERTIFICATIONS
I, Nathan J. Jones, certify that:
1.
I have reviewed this quarterly report on Form 10-Q of John Deere Capital Corporation;
2.
Based on my knowledge, this 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 report;
3.
Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4.
The registrant's other certifying officer(s) 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 have:
a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;
b)
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
c)
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 (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and
5.
The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, 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:
June 01, 2004
By:*/s/ Nathan J. Jones
Nathan J. Jones
Principal Financial Officer

 Page 21*****
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 this Annual Report of Sionix Corporation (the “Company”) on Form 10-K for the period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James R. Currier, Chief Executive Officer of the Company, certify to my knowledge and in my capacity as an officer of the Company, 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, 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 as of the dates and for the periods expressed in the Report.




Date: January 7, 2011




/s/ James R. CurrierJames R. CurrierChief Executive Officer and Principal Executive Officer
**Exhibit23.1**

 

# **Consent of Independent RegisteredPublic Accounting Firm**

#  

We hereby consentto the incorporation by reference in the Registration Statements on Form S-3(No. 333-78051) and Form S-8 (No. 333-69827, 033-65142, 033-62718, 033-49704and 333-107932) of Hickory Tech Corporation of our report dated March 3,2005 relating to the financial statements, management’s assessment of theeffectiveness of internal control over financial reporting and theeffectiveness of internal control over financial reporting, which appears inthe Annual Report to Shareholders, which is incorporated in this Annual Reporton Form 10-K.  We also consent to the incorporation by reference of ourreport dated March 3, 2005 relating to the financial statement schedule,which appears in this Form 10-K.

 

 

PricewaterhouseCoopers LLPMinneapolis, MinnesotaMarch 3, 2005

 

----
#### Gruen Industries, Inc., Appellant, v. R. F. Downing and Co., Inc., Defendant, and Cal Giunta, Doing Business as Price Trucking and Warehousing Co., Respondent.

Order, entered on October 25, 1963, denying plaintiff’s motion for summary judgment and granting the cross motion of the defendant Giunta for leave to amend his answer, unanimously reversed on the law, with $20 costs and disbursements to appellant, and plaintiff’s motion for summary judgment granted, with $10 costs, the matter remitted for an assessment of the damages sustained by plaintiff based upon the value of the goods, and the cross motion for leave to amend the answer denied. The defendant, Giunta, resists plaintiff’s application for summary judgment solely on the ground of custom and that an oral agreement had been made whereby his liability was to be limited to $50 for each of the cartons shipped regardless of the actual value of the goods therein contained. It is contended *644that whether or not such an agreement existed presents an issue of fact which can only ,be determined at a trial. However, before it may be concluded that such issue must be tried out, it must appear that the agreement, as alleged, is sufficient in law to limit the carrier’s liability as it purports to do. It must be demonstrated that “ the shipper has been given the option or choice of contracting for the carrier’s services without any restriction on the carrier’s liability” (7 N. Y. Jur., Carriers, § 198, p. 184). “Limitation imposed without choice of rates between limited and unlimited liability is not valid ” *(Kilthau*v. *International Mercantile Mar. Co.,*245 N. Y. 361, 365). The papers submitted in opposition to summary judgment are insufficient to show that the requisite “ option ” was available to the plaintiff. The defendant, Giunta, has failed to meet the requirement placed upon him to assemble and reveal his proofs in order to show that the matters set up in his proposed amended answer are real and capable of being established upon trial. Concur—Breitel, J. P., McNally, Stevens, Steuer and Staley, JJ.
### §47531. Penalties

A person violating section 47528, 47529, 47530, or 47534 of this title or a regulation prescribed under any of those sections is subject to the same civil penalties and procedures under chapter 463 of this title as a person violating section 44701(a) or (b) or any of sections 44702–44716 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(73), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, §506(b)(1), Feb. 14, 2012, 126 Stat. 106.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 47531 | 49 App.:2157(e). | Nov. 5, 1990, Pub. L. 101–508, §9308(e), 104 Stat. 1388–383. |

Section

#### Pub. L. 103–429

This amends 49:47531 to correct a grammatical error and erroneous cross-references.

#### **Editorial Notes**

#### Amendments

2012—Pub. L. 112–95 struck out "for violating sections 47528–47530" after "Penalties" in section catchline and substituted "47529, 47530, or 47534" for "47529, or 47530" in text.

1994—Pub. L. 103–429 substituted "section 47528" for "sections 47528" and inserted "any of" before "those" and "any of sections" before "44702–44716".

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
### §§3741, 3742. Repealed. Pub. L. 115–91, div. A, title X, §1051(t)(7), (8), Dec. 12, 2017, 131 Stat. 1566

Section 3741, Pub. L. 113–291, div. A, title XIII, §1341, Dec. 19, 2014, 128 Stat. 3604, related to annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities.

Section 3742, Pub. L. 113–291, div. A, title XIII, §1342, Dec. 19, 2014, 128 Stat. 3604, related to requirement to submit summary of amounts requested by project category.