alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 14-0637 Fleet v. Webber Springs Owners Ass’n, Inc. 

FILED 

May 26, 2015 

RORY L. PERRY II, CLERK
 

SUPREME COURT OF APPEALS
 

Benjamin, J., dissenting: OF WEST VIRGINIA
 

I dissent because this Court has no jurisdiction to hear an interlocutory 

appeal, which means this appeal should have been dismissed as improvidently granted. 

In the case before us, the order being appealed was the grant of summary 

judgment to the respondent homeowners’ association on the petitioner’s counterclaims. 

This order did not address or enter judgment on the respondent’s claims for past due 

assessments, attorney fees or costs. Nothing in this order professes to, purports to or 

otherwise claims to address the respondent’s claims. The order merely resolved the 

counterclaims of the petitioner and left for resolution the underlying collection action 

instituted by the respondent. 

The majority makes short work of the lack of jurisdiction, positing in 

footnote 8 that despite clear precedent and other authority in the form of this Court’s 

rules and a statute, this order “approximates a final order in its nature and effect.” The 

majority makes this statement with the knowledge that the underlying claim of the 

respondent remains unsettled and the only portion of this case that was affected by the 

ruling was the counterclaim of the petitioner. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under our rules and by statute, there must be a full and final judgment on 

all claims and parties before a party may appeal a final order of a circuit court. See W. 

Va. Code § 58-5-1; see also W. Va. R. Civ. P 54(b) (authorizing entry of a final judgment 

in accordance with the specification of § 58-5-1 but instructing that “any order or other 

form of decision, however designated, which adjudicates fewer than all claims or the 

rights and liabilities of fewer than all of the parties shall not terminate the action as to 

any of the claims or parties”) (emphasis added). 

Further, we held in Syl. pt. 3 of James M.B. v. Carolyn M., 193 W. Va. 289, 

456 S.E.2d 16 (1995), that 

Under W. Va. Code 58-5-1, appeals only may be taken from 

final decisions of a circuit court. A case is final only when it 

terminates the litigation between the parties on the merits of 

the case and leaves nothing to be done but to enforce by 

execution what has been determined. 

As recognized by the majority, there are instances where an order 

“approximates a final order in its nature and effect. . . .” Syl. pt. 1, in part, State ex rel. 

McGraw v. Scott Runyan Pontiac-Buick, 196 W. Va. 770, 461 S.E.2d 516 (1995). 

Unfortunately, this is not one of those cases because the underlying claim of the 

respondents was never addressed. 
 

 

 

 

This is clearly an interlocutory appeal, one that should have been dismissed 

as improvidently granted. I respectfully dissent from the opinion of the majority.
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Page 10293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4539]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development, Initial Review Group, Function, Integration, and 
Rehabilitation Sciences Subcommittee.
    Date: March 22, 2010.
    Time: 8:30 a.m. to 2 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Legacy Hotel and Meeting Center, 1775 Rockville Pike, 
Rockville, MD 20852.
    Contact Person: Anne Krey, PhD, Scientific Review Officer, 
Division of Scientific Review, Eunice Kennedy Shriver National 
Institute of Child Health and Human Development, NIH, 6100 Executive 
Blvd., Room 5B01, Bethesda, MD 20892. 301-435-6908. <a href="/cdn-cgi/l/email-protection#accdc7989dc3ecc2c5c482cbc3da"><span class="__cf_email__" data-cfemail="f29399c6c39db29c9b9adc959d84">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: February 25, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-4539 Filed 3-4-10; 8:45 am]
BILLING CODE 4140-01-M


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  BALANCE SHEETS  (UNAUDITED) AS OF JANUARY 31, 1999 AND NOVEMBER 1,
1998 AND THE CONSOLIDATED  STATEMENTS OF OPERATIONS (UNAUDITED) FOR THE QUARTERS
ENDED JANUARY 31, 1999 AND FEBRUARY 1, 1998.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-02-1998
<PERIOD-END>                               JAN-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          41,837
<SECURITIES>                                         0
<RECEIVABLES>                                  318,269
<ALLOWANCES>                                    21,974
<INVENTORY>                                    505,278
<CURRENT-ASSETS>                               866,895
<PP&E>                                         213,038
<DEPRECIATION>                                 111,104
<TOTAL-ASSETS>                               1,119,874
<CURRENT-LIABILITIES>                          806,285
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           205
<OTHER-SE>                                     292,888
<TOTAL-LIABILITY-AND-EQUITY>                 1,119,874
<SALES>                                      1,444,841
<TOTAL-REVENUES>                             1,444,841
<CGS>                                        1,343,071
<TOTAL-COSTS>                                1,343,071
<OTHER-EXPENSES>                                 7,248
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 823
<INCOME-PRETAX>                                  5,235
<INCOME-TAX>                                     3,169
<INCOME-CONTINUING>                              2,066
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,066
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.10
        

</TABLE>
Exhibit 31.b

I, Marc Teal, certify that:

		

I have reviewed this quarterly report on Form 10-Q of American Affordable Housing II Limited Partnership;

Based on my knowledge, this quarterly 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;

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;

The registrant's other certifying officer 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:

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;

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

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

 

The registrant's other certifying officer 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 functions):

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 

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.
Exhibit 31.b

I, Marc Teal, certify that:

		

I have reviewed this quarterly report on Form 10-Q of American Affordable Housing II Limited Partnership;

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;

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;

The registrant's other certifying officer 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

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;

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

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

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

The registrant's other certifying officer 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 functions):

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 

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.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<PERIOD  TYPE>     3-MOS
<FISCAL-YEAR-END>              MAR-31-2000
<PERIOD-END>                 JUNE  30-2000
<CASH>                             105,000
<SECURITIES>                             0
<RECEIVABLES>                    4,105,000
<ALLOWANCES>                     (503,000)
<INVENTORY>                      1,735,000
<CURRENT-ASSETS>                 5,500,000
<PP&E>                           5,502,000
<DEPRECIATION>                   (961,000)
<TOTAL-ASSETS>                  12,692,000
<CURRENT-LIABILITIES>            7,641,000
<BONDS>                                  0
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<COMMON>                        21,801,000
<OTHER-SE>                         175,000
<TOTAL-LIABILITY-AND-EQUITY>    12,692,000
<SALES>                          5,014,000
<TOTAL-REVENUES>                 5,014,000
<CGS>                            3,376,000
<TOTAL-COSTS>                    3,376,000
<OTHER-EXPENSES>               (1,312,000)
<LOSS-PROVISION>                         0
<INTEREST-EXPENSE>               (184,000)
<INCOME-PRETAX>                    223,000
<INCOME-TAX>                             0
<INCOME-CONTINUING>                223,000
<DISCONTINUED>                     475,000
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                       698,000
<EPS-BASIC>                         0.07
<EPS-DILUTED>                         0.06



</TABLE>
| (logo)  WELLS FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon Street  Charlotte, NC 28202  1-800-326-1334 |
|---------------------|----------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

 

Referenceis hereby made to that certain Pooling and Servicing Agreement dated as of August1, 2015, by and among WELLS FARGO COMMERCIAL MORTGAGE SECURITIES,INC., asDepositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as General Master Servicer,CWCAPITAL ASSET MANAGEMENT LLC, as General Special Servicer, NATIONALCOOPERATIVE BANK, N.A., as NCB Master Servicer, NATIONAL COOPERATIVE BANK, N.A,as NCB Special Servicer, PENTALPHA SURVEILLANCE LLC, as Trust Advisor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, as TaxAdministrator and as Custodian and WILMINGTON TRUST, NATIONAL ASSOCIATION, asTrustee, with respect to Commercial Mortgage Pass-Through Certificates Series2015-C30 (the "Agreement"). Capitalized terms used herein nototherwise defined shall have the meanings assigned in the Agreement.

 

Pursuantto Section 11.12 of this Agreement, I, Daniel Bober, Executive Vice Presidentof Commercial Mortgage Services do hereby certify that:

 

1.A review of the activities of the General Master Servicer during the periodfrom January 1, 2017 through December 31, 2017 (the “Reporting Period”), and ofits performance per the Agreement during such period has been made under mysupervision, and

 

2.To the best of my knowledge, based on such review, the General Master Servicer,has fulfilled all of its obligations under this Agreement in all materialrespects throughout the Reporting Period.

 

 

INWITNESS WHEREOF, the undersigned has executed this Certificate as of the 28thday of February 2018.

 

 

/s/Daniel Bober

DanielBober

ExecutiveVice President

WellsFargo Bank

 

 

WellsFargo Bank,N.A                                                         (logo)Together we’ll go far
Editorial Note on Part 864
Editorial Note: Nomenclature changes to part 864 appear at 73 FR 35341, June 23, 2008.

§ 864.7290 Factor deficiency test. ( a ) *Identification.* A factor deficiency test is a device used to diagnose specific coagulation defects, to monitor certain types of therapy, to detect coagulation inhibitors, and to detect a carrier state (a person carrying both a recessive gene for a coagulation factor deficiency such as hemophilia and the corresponding normal gene).
( b ) *Classification.* Class II (performance standards).
[45 FR 60613, Sept. 12, 1980]
§ 520.1044c Gentamicin sulfate powder. ( a ) *Specifications.* Each gram of powder contains gentamicin sulfate equivalent to: ( 1 ) 16.7, 66.7, or 333.3 milligrams (mg) gentamicin.
( 2 ) 333.3 mg gentamicin.
( b ) *Sponsors.* See sponsors in § 510.600(c) of this chapter for use as in paragraph (d) of this section as follows: ( 1 ) No. 000061 for products described in paragraph (a)(1) of this section.
( 2 ) Nos. 016592 and 061133 for product described in paragraph (a)(2) of this section.
( c ) *Related tolerances.* See § 556.300 of this chapter.
( d ) *Conditions of use in swine* — ( 1 ) *Amount.* Administer in drinking water for 3 consecutive days as follows: ( i ) For colibacillosis: Gentamicin sulfate equivalent to 25 mg of gentamicin per gallon of drinking water to provide 0.5 mg per pound of body weight per day;
( ii ) For swine dysentery: Gentamicin sulfate equivalent to 50 mg of gentamicin per gallon of drinking water to provide 1 mg per pound of body weight per day. Treatment may be repeated if dysentery recurs.
( 2 ) *Indications for use.* For control and treatment of colibacillosis in weanling swine caused by strains of *Escherichia coli* sensitive to gentamicin, and for control and treatment of swine dysentery associated with *Brachyspira hyodysenteriae.*
( 3 ) *Limitations.* Withdrawal period: 10 days. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[77 FR 4226, Jan. 27, 2012, as amended at 81 FR 94989, Dec. 27, 2016; 83 FR 48945, Sept. 28, 2018; 84 FR 8972, Mar. 13, 2019; 87 FR 10968, Feb. 28, 2022]
# C_2016314EN.01001901.xml

| 29.8.2016 | EN | Official Journal of the European Union | C 314/19 |
| --- | --- | --- | --- |

29.8.2016

EN

Official Journal of the European Union

C 314/19

---

Judgment of the General Court of 18 July 2016 — Argus Security Projects v Commission

(Case T-266/14) (1)

1

((Public service contracts - Supply of security services as part of the European Union Integrated Border Management Assistance Mission in Libya - Rejection of tender submitted by a tenderer and award of the contract to another tenderer - Obligation to state reasons))

(2016/C 314/26)

Language of the case: French

Parties

Parties

Applicant: Argus Security Projects Ltd (Limassol, Cyprus) (represented by: T. Bontinck and E. van Nuffel d’Heynsbroeck, lawyers)

Applicant:

Defendant: European Commission (represented by: F. Castillo de la Torre and D. Gauci, acting as Agents)

Defendant:

Re:

Re:

Application based on Article 263 TFEU and seeking annulment of the decision of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) not to accept the tender submitted by the applicant for the award, by means of a competitive negotiated procedure, of the contract relating to security services in the context of the EUBAM Libya for an integrated management of the borders in Libya (EUBAM-13-020 contract) and to award the contract to Garda World Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the European Union Assistance Mission (EUBAM Libya) not to accept the tender submitted by the applicant for the award, by means of a competitive negotiated procedure, of the contract relating to security services in the context of the EUBAM Libya for an integrated management of the borders in Libya (EUBAM-13-020 contract) and to award the contract to Garda World Ltd; |
| --- | --- |

1.

Annuls the decision of the European Union Assistance Mission (EUBAM Libya) not to accept the tender submitted by the applicant for the award, by means of a competitive negotiated procedure, of the contract relating to security services in the context of the EUBAM Libya for an integrated management of the borders in Libya (EUBAM-13-020 contract) and to award the contract to Garda World Ltd;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 245, 28.7.2014.

1

---
# C_2014361EN.01001402.xml

| 13.10.2014 | EN | Official Journal of the European Union | C 361/14 |
| --- | --- | --- | --- |

13.10.2014

EN

Official Journal of the European Union

C 361/14

---

Action brought on 31 July 2014 — Laverana v OHIM (BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA)

(Case T-572/14)

2014/C 361/19

Language of the case: German

Parties

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

Applicant:

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

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 May 2014 in case R 527/2014-4; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 May 2014 in case R 527/2014-4;

| — | 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

Community trade mark concerned: Figurative mark which contains the word elements ‘BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA’ for goods and services in Classes 3, 5 and 35 — Community trade mark application No 1 2 1 30  076

Community trade mark concerned:

Decision of the Examiner: Refused the application

Decision of the Examiner:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;

| — | Infringement of Article 7(1)(c) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation No 207/2009;

| — | Misuse of powers by a decision on the basis of competition policy considerations. |
| --- | --- |

—

Misuse of powers by a decision on the basis of competition policy considerations.

---