alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 1881

In re: STACY ARTHANIEL THREATT , Petitioner

.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. ( 3:06

- cr - 00417

- FDW

- DCK

- 1 )

Submitted : February 27, 2024 Decided: February 29, 2024

Before WILKINSON, WYNN, and HARRIS , Circuit Judges.

Petition denied by un published per curiam opinion

.
Stacy Arthaniel Threatt , Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1881 Doc: 15 Filed: 02/29/2024 Pg: 1 of 22 PER CURIAM: Stacy Arthaniel Threatt petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his motion for compassionate release

. He seeks an order from this court directing the district court to act. Our review of the district court’s
docket reveals that the district court has denied the motion

. Accordingly, because the district court has recently decided Threatt ’s case, we deny the mandamus petition as moot and deny Threatt’s motion for appointment of counsel . We dispense w ith oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED USCA4 Appeal: 23-1881 Doc: 15 Filed: 02/29/2024 Pg: 2 of 2
# C_2017161EN.01002101.xml

| 22.5.2017 | EN | Official Journal of the European Union | C 161/21 |
| --- | --- | --- | --- |

22.5.2017

EN

Official Journal of the European Union

C 161/21

---

Judgment of the General Court of (Eighth Chamber) of 6 April 2017 — Saremar v Commission

(Case T-220/14) (1)

1

((State aid - Maritime transport - Public service compensation - Capital increase - Decision declaring aid incompatible with the internal market and ordering that it be recovered - Liquidation of the applicant - Capacity to be a party to legal proceedings - Continued interest in bringing proceedings - Failure to find that there was no need to adjudicate - Concept of aid - Service of general economic interest - Private investor test - Manifest error of assessment - Error of law - Plea of illegality - Obligation to state reasons - Rights of the defence - Decision 2011/21/EU - Guidelines on State aid for rescuing and restructuring firms in difficulty - Union framework applicable to State aid in the form of public service compensation - Altmark judgment))

(2017/C 161/28)

Language of the case: Italian

Parties

Parties

Applicant: Saremar — Sardegna Regionale Marittima SpA (Cagliari, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)

Applicant:

Defendant: European Commission (represented by: G. Conte, D. Grespan, and A. Bouchagiar, Agents)

Defendant:

Interveners in support of the defendants: Compagnia Italiana di Navigazione SpA (Naples, Italy) (represented initially by: F. Sciaudone, R. Sciaudone, D. Fioretti and A. Neri, and subsequently by M. Merola, B. Carnevale and M. Toniolo, lawyers)

Interveners in support of the defendants:

Re:

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2013) 9101 final of 22 January 2014 concerning aid measures SA.32014 (2011/C), SA.32015 (2011/C), SA.32016 (2011/C) granted by the Autonomous Region of Sardinia (Italy) to Saremar in the form of public service compensation and a capital increase, in so far as that decision found those measures to be State aid incompatible with the internal market and ordered that it be recovered.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Saremar — Sardegna Regionale Marittima SpA to bear its own costs and to pay those incurred by the European Commission and Compagnia Italiana di Navigazione SpA. |
| --- | --- |

2.

Orders Saremar — Sardegna Regionale Marittima SpA to bear its own costs and to pay those incurred by the European Commission and Compagnia Italiana di Navigazione SpA.

---

(1)  OJ C 175, 10.6.2014.

1

---
<PAGE>   1

THE LOEWEN GROUP INC.
--------------------------------------------------------------------------------

(NYSE, TSE, ME: LWN)
       NEWS


Contact:
Thomas C. Franco
Broadgate Consultants, Inc.
Tel: (212) 232-2222


                              FOR IMMEDIATE RELEASE



                 LOEWEN GROUP MAKES ANNOUNCEMENTS RE: DIVIDENDS


VANCOUVER, BC, December 23, 1998 -- The Loewen Group Inc. (NYSE, TSE, ME: LWN)
confirmed today that the scheduled quarterly cash dividend of Cdn $0.375 per
share on the Company's 6% Cumulative Redeemable Convertible First Preferred
Shares, Series C has been declared payable on January 4, 1999 to shareholders of
record on December 22, 1998.

The Company also announced that the Board of Directors has declined declaring a
common share dividend at this time. The Company, through the Special Committee
of its Board of Directors, is in the process of considering all strategic
alternatives to maximize shareholder value. The Board concluded that the
shareholders will be best served at this particular time, and the Company
flexibility best maintained, by retaining cash within the Company.

The Loewen Group Inc. is the second largest funeral home and cemetery operator
in North America. The Company employs approximately 16,000 people and owns or
operates more than 1,100 funeral homes and over 500 cemeteries across the United
States, Canada and the United Kingdom. Over 90 percent of the Company's revenue
is derived from the United States.

The Loewen Group's website is located at http://www.loewengroup.com
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.3119 7,16-Dichloro-6,15-dihydro-5,9,14,18-anthrazinetetrone. ( a ) *Identity.* The color additive is 7,16-dichloro-6,15-dihydro-5,9,14,18-anthrazinetetrone (CAS Reg. No. 130-20-1), Colour Index No. 69825.
( b ) *Uses and restrictions.* ( 1 ) The substance listed in paragraph (a) of this section may be used as a color additive in contact lenses in amounts not to exceed the minimum reasonably required to accomplish the intended coloring effect.
( 2 ) Authorization for this use shall not be construed as waiving any of the requirements of sections 510(k), 515, and 520(g) of the Federal Food, Drug, and Cosmetic Act with respect to the contact lens in which the color additive is used.
( c ) *Labeling.* The label of the color additive shall conform to the requirements of § 70.25 of this chapter.
( d ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and therefore the color additive is exempt from the certification requirements of section 721(c) of the act.
[48 FR 31376, July 8, 1983]
Exhibit 99.2



CERTIFICATION PURSUANT TO

18 U.S.C.
SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Preferred Voice, Inc. (the Company) on Form 10-KSB for the period ending March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Ernest Gillespie, Controller 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.



|                                            
|--------------------------------------------
|/s/    ERNEST
GILLESPIE                     
|Ernest Gillespie Principal Financial Officer



June
30, 2003
§ 58.130 Conduct of a nonclinical laboratory study. ( a ) The nonclinical laboratory study shall be conducted in accordance with the protocol.
( b ) The test systems shall be monitored in conformity with the protocol.
( c ) Specimens shall be identified by test system, study, nature, and date of collection. This information shall be located on the specimen container or shall accompany the specimen in a manner that precludes error in the recording and storage of data.
( d ) Records of gross findings for a specimen from postmortem observations should be available to a pathologist when examining that specimen histopathologically.
( e ) All data generated during the conduct of a nonclinical laboratory study, except those that are generated by automated data collection systems, shall be recorded directly, promptly, and legibly in ink. All data entries shall be dated on the date of entry and signed or initialed by the person entering the data. Any change in entries shall be made so as not to obscure the original entry, shall indicate the reason for such change, and shall be dated and signed or identified at the time of the change. In automated data collection systems, the individual responsible for direct data input shall be identified at the time of data input. Any change in automated data entries shall be made so as not to obscure the original entry, shall indicate the reason for change, shall be dated, and the responsible individual shall be identified.
[43 FR 60013, Dec. 22, 1978, as amended at 52 FR 33781, Sept. 4, 1987; 67 FR 9585, Mar. 4, 2002]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CORIXA
CORPORATION'S CONSOLIDATED FINANCIAL STATEMENTS AT AND FOR THE THREE MONTH
PERIOD ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       4,912,179
<SECURITIES>                                40,564,766
<RECEIVABLES>                                  634,955
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            47,521,191
<PP&E>                                      10,054,321
<DEPRECIATION>                               3,029,189
<TOTAL-ASSETS>                              54,700,895
<CURRENT-LIABILITIES>                        5,113,915
<BONDS>                                     11,707,243
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,908
<OTHER-SE>                                  37,866,829
<TOTAL-LIABILITY-AND-EQUITY>                54,700,895
<SALES>                                              0
<TOTAL-REVENUES>                             8,346,691
<CGS>                                                0
<TOTAL-COSTS>                               31,330,271
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             512,806
<INCOME-PRETAX>                           (20,810,738)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (20,810,738)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (20,810,738)
<EPS-PRIMARY>                                   (1.75)
<EPS-DILUTED>                                   (1.75)
        

</TABLE>
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.1645 Fully automated short-term incubation cycle antimicrobial susceptibility system. ( a ) *Identification.* A fully automated short-term incubation cycle antimicrobial susceptibility system is a device that incorporates concentrations of antimicrobial agents into a system for the purpose of determining in vitro susceptibility of bacterial pathogens isolated from clinical specimens. Test results obtained from short-term (less than 16 hours) incubation are used to determine the antimicrobial agent of choice to treat bacterial diseases.
( b ) *Classification.* Class II (special controls). The special control for this device is FDA's guidance document entitled “Class II Special Controls Guidance Document: Antimicrobial Susceptibility Test (AST) Systems; Guidance for Industry and FDA.”
[68 FR 5827, Feb. 5, 2003]
# C_2014388EN.01002802.xml

| 3.11.2014 | EN | Official Journal of the European Union | C 388/28 |
| --- | --- | --- | --- |

3.11.2014

EN

Official Journal of the European Union

C 388/28

---

Action brought on 22 July 2014 — ZZ and ZZ v Commission

(Case F-70/14)

2014/C 388/34

Language of the case: French

Parties

Parties

Applicants: ZZ and ZZ (represented by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers)

Applicants:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decisions concerning the transfer of the applicants’ pension rights into the European Union pension scheme which apply the new General Implementing Provisions (GIPs) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 and, in addition, an order that the Commission compensate the applicants for the harm resulting from the excessively long period taken to deal with their transfer applications.

Form of order sought

Form of order sought

| — | Annul the decisions calculating the increase in their respective pension rights acquired before their entry into force at the Commission; |
| --- | --- |

—

Annul the decisions calculating the increase in their respective pension rights acquired before their entry into force at the Commission;

| — | In addition, order the Commission to compensate the applicants for the harm suffered due to the errors committed which led to the excessively long period taken to deal with their application to transfer pension rights; |
| --- | --- |

—

In addition, order the Commission to compensate the applicants for the harm suffered due to the errors committed which led to the excessively long period taken to deal with their application to transfer pension rights;

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

—

Order the Commission to pay the costs.

---
§ 610.2 Requests for samples and protocols; official release. ( a ) *Licensed biological products regulated by CBER.* Samples of any lot of any licensed product together with the protocols showing results of applicable tests, may at any time be required to be sent to the Director, Center for Biologics Evaluation and Research (see mailing addresses in § 600.2(c) of this chapter). Upon notification by the Director, Center for Biologics Evaluation and Research, a manufacturer shall not distribute a lot of a product until the lot is released by the Director, Center for Biologics Evaluation and Research: *Provided,* That the Director, Center for Biologics Evaluation and Research, shall not issue such notification except when deemed necessary for the safety, purity, or potency of the product.
( b ) *Licensed biological products regulated by CDER.* Samples of any lot of any licensed product together with the protocols showing results of applicable tests, may at any time be required to be sent to the Director, Center for Drug Evaluation and Research (see mailing addresses in § 600.2(c) of this chapter) for official release. Upon notification by the Director, Center for Drug Evaluation and Research, a manufacturer shall not distribute a lot of a biological product until the lot is released by the Director, Center for Drug Evaluation and Research: *Provided*, That the Director, Center for Drug Evaluation and Research shall not issue such notification except when deemed necessary for the safety, purity, or potency of the product.
[40 FR 31313, July 25, 1975, as amended at 49 FR 23834, June 8, 1984; 50 FR 10941, Mar. 19, 1985; 55 FR 11013, 11014, Mar. 26, 1990; 67 FR 9587, Mar. 4, 2002; 70 FR 14984, Mar. 24, 2005; 80 FR 18093, Apr. 3, 2015]
# C_2015389EN.01004801.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/48 |
| --- | --- | --- | --- |

23.11.2015

EN

Official Journal of the European Union

C 389/48

---

Judgment of the General Court of 24 September 2015 — Klement v OHIM — Bullerjan (Form of an oven)

(Case T-211/14) (1)

1

((Community trade mark - Revocation proceedings - Three-dimensional Community mark - Form of an oven - Genuine use of a mark - Article 15(1)(a) and Article 51 (1)(a) of Regulation (EC) No 207/2009 - Nature of use of the mark - Form differing in elements which do not alter the distinctive character))

(2015/C 389/52)

Language of the case: German

Parties

Parties

Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser and A. Grohmann, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, D. Botis and A. Schifko, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)

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

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 January 2014 (Case R 927/2013-1), relating to revocation proceedings between Mr Toni Klement and Bullerjan GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Toni Klement to pay the costs. |
| --- | --- |

2.

Orders Mr Toni Klement to pay the costs.

---

(1)  OJ C 245, 28.7.2014.

1

---
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

David Martinez Solis, * From the 132nd District Court

 of Scurry County,

Trial Court No. 11104.

Vs. No. 11-23-00118-CR * August 15, 2024

The State of Texas, * Memorandum Opinion by Williams, J.

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is

error in the judgment below. Therefore, in accordance with this court’s opinion,

we modify the trial court’s judgment and the district clerk’s bill of costs to delete

the improperly assessed court-appointed attorney’s fees against Appellant in the 

amount of $3,000. As modified, we affirm the judgment of the trial court.
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

- 1

- 

### S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

TRILLIUM CYBER, INC.,

Plaintiff /Counterdefendant

- Appell ant

, UNPUBLISHED

April 23, 2020

v No. 345494

Oakland Circuit Court

CANBUSHACK, INC., and ROBERT LEALE

, LC No. 2017

- 161732

- CB

Defendant s/Counterplaintiffs

Appell ees

.

Before: G ADOLA

, P .J., and S TEPHENS and S HAPIRO , JJ.

S HAPIRO

, J. ( concurring ).

I concur in the result only.

/s/ Douglas B. Shapiro
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000813897
<NAME> PSH MASTER L.P.I
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       1,046,597
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,046,597
<PP&E>                                           7,695
<DEPRECIATION>                                   7,442
<TOTAL-ASSETS>                               1,046,850
<CURRENT-LIABILITIES>                            7,996
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,038,854
<TOTAL-LIABILITY-AND-EQUITY>                 1,046,850
<SALES>                                              0
<TOTAL-REVENUES>                                45,630
<CGS>                                                0
<TOTAL-COSTS>                                   43,324
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,306
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              2,306
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,306
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
Exhibit 10.3
 EVERGREEN SOLAR, INC.
 2000 Stock Option and Incentive Plan
  1.
    
    The final sentence of Section 7(f) is amended to read as follows:
  2.
    
    The following new section 10(g) is added to the Plan:
 SECTION 409A REQUIREMENTS




---



##### 



3.
    
    The following clause is added to the end of section 9(i): provided that Boards ability
to accelerate the vesting of Awards under the Plan for any participant is limited to change
in control transactions and the death, disability and retirement of such participant.
 IN WITNESS WHEREOF,
 EVERGREEN SOLAR, INC.By:
    /s/ Michael El-HillowName:
    Michael El-HillowTitle:
    Chief Financial Officer 2
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T APR 10, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o

. 0 8

- 1 6 2 9 7 N o n - A r g u m e n t C a l e n d a r

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D

. C

. D o c k e t N o

. 0 2

- 0 0 1 2 2

- C R

- T

- 2 4

- E A J

U N I T E D S T A T E S O F A M E R I C A ,

P l a i n t i f f

- A p p e l l e e ,

v e r s u s

R O N A L D R A Y L A N G D O N ,
D e f e n d a n t

- A p p e l l a n t

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e M i d d l e D i s t r i c t o f F l o r i d a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( A p r i l 1 0 , 2 0 0 9 )

B e f o r e B I R C H , P R Y O R a n d C O X , C i r c u i t J u d g e s

.
P E R C U R I A M :

J a m e s W

. S m i t h , I I I , a p p o i n t e d c o u n s e l f o r R o n a l d R a y L a n g d o n , h a s f i l e d am o t i o n t o w i t h d r a w o n a p p e a l , s u p p o r t e d b y a b r i e f p r e p a r e d p u r s u a n t t o A n d e r s v
.

C a l i f o r n i a , 3 8 6 U

. S

. 7 3 8 , 8 7 S

. C t

. 1 3 9 6 , 1 8 L

. E d

. 2 d 4 9 3 ( 1 9 6 7 )

. O u r i n d e p e n d e n t

r e v i e w o f t h e e n t i r e r e c o r d r e v e a l s t h a t c o u n s e l ’ s a s s e s s m e n t o f t h e r e l a t i v e m e r i t o f

t h e a p p e a l i s c o r r e c t

. B e c a u s e i n d e p e n d e n t e x a m i n a t i o n o f t h e e n t i r e r e c o r d r e v e a l s

n o a r g u a b l e i s s u e s o f m e r i t , c o u n s e l ’ s m o t i o n t o w i t h d r a w i s G R A N T E D , a n d t h e
d i s t r i c t c o u r t ’ s o r d e r d e n y i n g L a n g d o n ’ s m o t i o n f o r r e l i e f u n d e r 1 8 U

. S

. C

. § 3 5 8 2 ( c ) ( 2 ) i s A F F I R M E D

.

2