alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 52008SC0345 - EN

Important legal notice

*|*

# 52008SC0345

**Commission Opinion under the second paragraph of Article 245 of the EC treaty and the second paragraph of Article 160 of the EAEC Treaty regarding the request to amend the rules of procedure of the Court of Justice on the language arrangements applicable to the review procedure, submitted by the Court, in accordance with Article 64 of the Statute of the Court of Justice /* SEC/2008/0345 final - CNS 2008/0801 */ **

*

*

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 14.3.2008

SEC(2008) 345 final

2008/0801 (CNS)

COMMISSION OPINION

under the second paragraph of Article 245 of the EC treaty and the second paragraph of Article 160 of the EAEC Treaty regarding the request to amend the rules of procedure of the Court of Justice on the language arrangements applicable to the review procedure, submitted by the Court, in accordance with Article 64 of the Statute of the Court of Justice

2008/0801 (CNS)

COMMISSION OPINION

under the second paragraph of Article 245 of the EC treaty and the second paragraph of Article 160 of the EAEC Treaty regarding the request to amend the rules of procedure of the Court of Justice on the language arrangements applicable to the review procedure, submitted by the Court, in accordance with Article 64 of the Statute of the Court of Justice

The purpose of the amendment requested by the Court of Justice[1] is to clarify the language arrangements applicable to the review procedure.

In substance, following the amendment, the procedural language will be that of the Court decision under review. The amendment is purely technical in nature and does not require any comment on the part of the Commission.

The Commission therefore agrees to the text proposed by the Court of Justice.

[1] Doc. 15712/06 JUR 446 COURT 57.
Chuck Curry 

Sherriff- Coroner 

Flathead County 

920 South Main Street • Kalispell• Montana • 59901 • (406) 758-5585 • (406) 758-2420 fax 

January 9, 2015 

U.S. Department of Transportation Docket Operations 

West Bldg Ground Floor Room W12-140 

1200 New Jersey Ave. SE 

Washington DC 20590 

Re: Petition for Exemption 

On February 5, 2014 Flathead County Sherriff, 920 S. Main Street, Kalispell, Montana 59901 

submitted a petition for exemption/relief from the following regulation: 

14 CFR Part 133.45(e)(1) 

We are hereby withdrawing this petition. 

Chuck Curry 

Sheriff
§ 128.230 Penetrations of hulls and watertight bulkheads—materials and pressure design. ( a ) Each piping penetration, in each bulkhead required by this subchapter to be watertight, must meet the requirements for materials and pressure design of subchapter F of this chapter.
( b ) Each overboard discharge and shell connection, up to and including required shut-off valves, must meet the requirements for materials and pressure design of subchapter F of this chapter.
#### George Jolley, Respondent, *v.*The Hartford Fire Insurance Company, Appellant.

*Jolley*v. *Hartford Fire Ins. Co.,*133 App. Div. 895, affirmed.

(Argued December *1,*1909;

decided December 17, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a policy of fire insurance and for conversion.

*Daniel V. Murphy*for appellant.

*Vernon Cole*and *Moses Shire*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscocic and Chase, JJ.
EXHIBIT 23.2

 

 

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

 

We hereby consent to the incorporation by reference in this RegistrationStatement on Form S-8( File No.333-51767) and on Form S-3 as amended (File No. 333-24385) of HMT TechnologyCorporation of our report dated April 14, 2000 except for Note 13, which is as of April 26, 2000relating to the financial statements, which appears in the Annual Report to Shareholders, whichis incorporated in this Annual Report on Form 10-K. We also consent to the incorporation byreference of our report dated April 14, 2000 relating to the financial statement schedules, whichappears in this Form 10-K.

 

PricewaterhouseCoopers LLPSan Jose, CaliforniaJune 13, 2000

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

<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CONDENSED
CONSOLIDATED  FINANCIAL STATEMENTS OF SUPERIOR SERVICES,  INC. AS OF AND FOR THE
THREE  MONTHS ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-30-1997
<CASH>                                         24,078
<SECURITIES>                                   0
<RECEIVABLES>                                  24,676
<ALLOWANCES>                                   (1,119)
<INVENTORY>                                    1,203
<CURRENT-ASSETS>                               52,844
<PP&E>                                         250,392
<DEPRECIATION>                                 (99,362)
<TOTAL-ASSETS>                                 259,141
<CURRENT-LIABILITIES>                          31,074
<BONDS>                                        22,384
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       266
<OTHER-SE>                                     141,619
<TOTAL-LIABILITY-AND-EQUITY>                   259,141
<SALES>                                        0
<TOTAL-REVENUES>                               47,935
<CGS>                                          0
<TOTAL-COSTS>                                  33,516
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               344
<INTEREST-EXPENSE>                             668
<INCOME-PRETAX>                                4,395
<INCOME-TAX>                                   1,720
<INCOME-CONTINUING>                            2,675
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,675
<EPS-PRIMARY>                                  .10
<EPS-DILUTED>                                  .10
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  BALANCE  SHEETS AND THE  CONSOLIDATED  STATEMENTS OF OPERATIONS ON
PAGES F-2  THROUGH  F-3 OF THE  COMPANY'S  FORM 10-K FOR THE  FISCAL  YEAR ENDED
SEPTEMBER  30,  1997 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL  STATEMENTS.   </LEGEND> 


<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              SEP-30-1997
<PERIOD-START>                                 OCT-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         87,368
<SECURITIES>                                   4,111
<RECEIVABLES>                                  44,487
<ALLOWANCES>                                   2,603
<INVENTORY>                                    0
<CURRENT-ASSETS>                               153,108
<PP&E>                                         118,010
<DEPRECIATION>                                 34,698
<TOTAL-ASSETS>                                 468,745
<CURRENT-LIABILITIES>                          152,357
<BONDS>                                        323,002
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       294
<OTHER-SE>                                     (26,158)
<TOTAL-LIABILITY-AND-EQUITY>                   468,745
<SALES>                                        0
<TOTAL-REVENUES>                               555,717
<CGS>                                          0
<TOTAL-COSTS>                                  449,563
<OTHER-EXPENSES>                               26,897
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             25,063
<INCOME-PRETAX>                                (17,998)
<INCOME-TAX>                                   (4,126)
<INCOME-CONTINUING>                            (13,872)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (13,872)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        

</TABLE>
#### § 122.230 Report of accident to aid to navigation.

Whenever a vessel collides with a buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision, the person in charge of such vessel shall report the accident to the nearest OCMI. No report on Form CG 2692 is required unless otherwise required under § 122.202 of this part.
{01206039.DOCX }

1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TIMOTHY KERRIGAN, LORI MIKOVICH 

and RYAN M. VALLI, individually, and on 

behalf of all others similarly situated,

Plaintiffs,

v.

VISALUS, INC., a corporation, et al.,

Defendants.

Case No. 2:14-cv-12693

Hon. Matthew F. Leitman

NICK SARNICOLA’S CONCURRENCE IN

VISALUS DEFENDANTS’ RESPONSE TO 

PLAINTIFFS’ MOTION TO COMPEL PRODUCTION

FROM VISAULS, INC. AND CORPORATE PROMOTER 

DEFENDANTS OF CERTAIN DOCUMENTS RESPONSIVE

TO PLAINTIFFS’ FIRST SET OF REQUESTS TO PRODUCE

NOW COMES Defendant Nick Sarnicola, by and through his attorneys, 

Seyburn Kahn, P.C., and concurs in and adopts the arguments and legal authority 

set forth in ViSalus Defendants’ Response to Plaintiffs’ Motion to Compel 

Production from ViSalus, Inc. and Corporate Promoter Defendants of Certain 

Documents Responsive to Plaintiffs’ First Set of Requests to Produce.

2:14-cv-12693-MFL-DRG Doc # 103 Filed 08/23/16 Pg 1 of 2 Pg ID 4192
{01206039.DOCX }

2

Respectfully submitted,

SEYBURN KAHN, P.C.

/s/ Barry M. Rosenbaum (P26487)

Barry M. Rosenbaum (P26487)

David Hansma (P71056)

2000 Town Center, Suite 1500

Southfield, MI 48075 

Tel.: 248-351-3587 

Fax: 248-353-3727

E-Mail: brosenbaum@seyburn.com

Attorneys for Defendant Nick Sarnicola 

Dated: August 23, 2016

CERTIFICATE OF SERVICE

I hereby certify that on August 23, 2016, I electronically filed the foregoing 

paper with the Clerk of the Court using the ECF system which will send 

notification of such filing to all counsel of record.

SEYBURN KAHN, P.C.

/s/ Barry M. Rosenbaum (P26487)

Barry M. Rosenbaum (P26487)

2:14-cv-12693-MFL-DRG Doc # 103 Filed 08/23/16 Pg 2 of 2 Pg ID 4193
§ 90.50 Exhaustion of administrative remedies. ( a ) The agency shall provide in its regulations that a complainant may file a civil action following the exhaustion of adminstrative remedies under the Act. Administrative remedies are exhausted if: ( 1 ) 180 days have elapsed since the complainant filed the complaint and the agency has made no finding with regard to the complaint; or
( 2 ) The agency issues any finding in favor of the recipient.
( b ) If either of the conditions set forth in § 90.50(a) is satisfied the agency shall: ( 1 ) Promptly advise the complainant of this fact; and
( 2 ) Advise the complainant of his or her right, under section 305(e) of the Act, to bring a civil action for injunctive relief that will effect the purposes of the Act; and
( 3 ) Inform the complainant: ( i ) That a civil action can only be brought in a United States district court for the district in which the recipient is found or transacts business;
( ii ) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that these costs must be demanded in the complaint;
( iii ) That before commencing the action the complainant shall give 30 days notice by registered mail to the Secretary, the Attorney General of the United States, the head of the granting agency, and the recipient;
( iv ) That the notice shall state: the alleged violation of the Act; the relief requested; the court in which the action will be brought; and whether or not attorney's fees are demanded in the event the complainant prevails; and
( v ) That no action shall be brought if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.
LIST OF EXHIBITS

Exhibit 1 - Joint Stipulation

Exhibit A - Claim and Consent Form

Exhibit B - Class Participant Notice

Exhibit C - Preliminary Approval Order

Exhibit D - Final Order and Judgment

Exhibit E - Exclusion Form

Exhibit F - Non-Participant Class Notice

Exhibit 2 - Declaration of Megan Bonanni

Exhibit A - Summary of Time PMPR (hours)

Exhibit B - Out of pocket expenses PMPR

Case 2:14-cv-13005-AC-MKM ECF No. 41-1, PageID.366 Filed 04/19/16 Page 1 of 1
###### Editorial Note on Part 85

#### Editorial Note:

At the request of the Department of Health and Human Services, the “Section-by-Section Analysis” portion of the preamble of the document published at 53 FR 25595, July 8, 1988, as corrected at 53 FR 26559, July 13, 1988, appears at the end of part 85.

#### § 85.41 Program accessibility: Discrimination prohibited.

Except as otherwise provided in § 85.42, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by such persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency.
Exhibit 4.9


 


WAIVER LETTER


 


JMU Limited


Maples Corporate Services Limited


P.O. Box 309, Ugland House


Grand Cayman, KY1-1104


Cayman Islands


 


July 22, 2019


 


Ladies and Gentlemen:


 


Reference is made to that certain
Sale and Purchase Agreement, dated as of the date hereof (as further amended, amended and restated, modified or supplemented
from time to time, the “SPA”) by and between JMU Limited (the “Seller”) and the
undersigned, Marvel Billion Development Limited (億迅發展有限公司) (the
 “Purchaser”), pursuant to which the Seller will sell to the Purchaser and the Purchaser will purchase from
the Seller all the issued and outstanding shares of New Admiral Limited, an exempted company with limited liability
incorporated under the laws of the Cayman Islands that is wholly owned by the Seller (the “Target
Company”). Capitalized terms not defined hereunder shall have the meanings ascribed to them in the SPA.


 


In connection with the transaction contemplated
under the SPA, the Purchaser hereby, on behalf of itself and all of its subsidiaries, irrevocably waives, upon the execution of
this Waiver Letter, all the rights, requests, claims and/or allegations that it, the Target Company or any of the Subsidiaries
(as defined in the SPA) of the Target Company may have against the Seller and the Seller’s affiliates with respect to (i)
all the outstanding liabilities owed by the Seller to the Group (as defined in the SPA) entities; and (ii) the Seller’s obligation
and undertaking to provide unlimited financial support to certain Group entities in accordance with a letter dated December 31,
2018. The Purchaser acknowledges that this Waiver Letter shall be also binding upon the Target Company, all the Subsidiaries of
the Target Company, and any successor of the Purchaser and the Purchaser shall cause the Target Company, all the Subsidiaries of
the Target Company and any of its successors to comply with this Waiver Letter.


 


[Remainder of page intentionally left blank]


 






     


     


    







 


IN WITNESS WHEREOF, the undersigned has executed this Waiver
Letter as of the date and year first written above.


 


THE UNDERSIGNED:


 


Marvel Billion Development Limited


 


億迅發展有限公司





 


	By:	/s/ CHEN Guangyu	 






	Name: CHEN Guangyu	 
	Title:   Director	 




 


[Signature Page to the Waiver Letter]
Request of the House of Representatives,

No. 5934.

#### Opinion of the Justices.

April 30, 1969.

*To the House of Representatives:*

On April 1, 1969 the House of Representatives submitted inquiries to the Justices of the Supreme Court relating to the constitutionality of House Bill 575, An Act relative to state financing of secular education in nonpublic schools and making an appropriation therefor. In accordance with our usual practice an opportunity was given to any interested citizen, official, party, or organization to submit by April 16, 1969 a memorandum on the questions transferred to this court. On April 15, 1969 the House of Representatives by resolution rescinded its action whereby it requested the Justices for their opinion as to the constitutionality of House Bill 575 and withdrew its request for such an opinion.

Under Pt. II, *Art.*74 of the Constitution of New Hampshire the Justices have authority to give advisory opinions only when requested to do so by either branch of the Legislature or the Governor and Council. See *State*v. *Harvey,*106 N. H. 446; *Opinion of the Justices,*102 N. H. 80. Inasmuch as either branch of the Legislature has the authority to withdraw a request for an advisory opinion which it has originated *(cf. Opinion of the Justices,*102 N. H. 80, 83), it follows that we have no authority under Pt. II, *Art.*74 of the Constitution to render an advisory opinion as to House Bill 575.

Frank R. Kenison.

Laurence I. Duncan.

Edward J. Lampron.

William A. Grimes.

Robert F. Griffith.
```

[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Page 3496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00828]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 8154]

The Designation of Michel Samaha, AKA Saadah al-Naib Mishal Fuad 
Samahah, AKA Mishal Fuad Samahah, as a Specially Designated Global 
Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended

    Acting under the authority of and in accordance with section 1(b) 
of Executive Order 13224 of September 23, 2001, as amended by Executive 
Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 
2003, I hereby determine that the individual known as Michel Samaha, 
AKA Saadah al-Naib Mishal Fuad Samahah, AKA Mishal Fuad Samahah 
committed, or poses a significant risk of committing, acts of terrorism 
that threaten the security of U.S. nationals or the national security, 
foreign policy, or economy of the United States.
    Consistent with the determination in Section 10 of Executive Order 
13224 that ``prior notice to persons determined to be subject to the 
Order who might have a constitutional presence in the United States 
would render ineffectual the blocking and other measures authorized in 
the Order because of the ability to transfer funds instantaneously,'' I 
determine that no prior notice needs to be provided to any person 
subject to this determination who might have a constitutional presence 
in the United States, because to do so would render ineffectual the 
measures authorized in the Order.
    This notice shall be published in the Federal Register.

    Dated: January 8, 2013.
William J. Burns,
Deputy Secretary of State.
[FR Doc. 2013-00828 Filed 1-15-13; 8:45 am]
BILLING CODE 4710-10-P
```
§ 118.420 Pre-engineered fixed gas fire extinguishing systems. ( a ) A pre-engineered fixed gas fire extinguishing system must: ( 1 ) Be approved by the Commandant;
( 2 ) Be capable of manual actuation from outside the space in addition to automatic actuation by a heat detector;
( 3 ) Automatically shut down all power ventilation systems and all engines that draw intake air from within the protection space; and
( 4 ) Be installed in accordance with manufacturer's instructions.
( b ) A vessel on which a pre-engineered fixed gas fire extinguishing system is installed must have the following equipment at the operating station: ( 1 ) A light to indicate discharge;
( 2 ) An audible alarm that sounds upon discharge; and
( 3 ) A means to reset devices used to automatically shut down ventilation systems and engines as required by paragraph (a)(3) of this section.
( c ) Only one pre-engineered fixed gas fire extinguishing system is allowed to be installed in each space protected by such a system.
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report ofHenix Resources, Inc.(the "Company") on Form 10-K for the year endedApril 30, 2008as filed with the Securities and Exchange Commission on the date here of (the "report"), I, James Shao, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(2) | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   

Dated this 29thday of July, 2008.

JAMES SHAOJames ShaoChief Executive Officer and Chief Financial Officer














---
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 14, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-10001 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TERRENCE S. COLEMAN, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas

USDC No. 3:05-CR-123

-------------------- Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM: * The attorney appointed to represent Terrence S. Coleman has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967). Coleman has not filed a response to counsel’s motion. Our independent review of counsel’s brief and the record discloses no nonfrivolous issues for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
§ 11.510 Service requirements for national endorsement as chief engineer of steam, motor, and/or gas turbine-propelled vessels. ( a ) The minimum service required to qualify an applicant for endorsement as chief engineer of steam, motor, and/or gas turbine-propelled vessels is— ( 1 ) One year of service as first assistant engineer; or
( 2 ) One year of service while holding a license or MMC endorsement as first assistant engineer. A minimum of 6 months of this service must have been as first assistant engineer, and the remainder must be as assistant engineer. Service as an assistant engineer other than first assistant engineer is accepted on a two-for-one basis to a maximum of 6 months (2 days of service as a second or third assistant engineer equals 1 day of creditable service).
( b ) A person holding this endorsement may qualify for an STCW endorsement, according to §§ 11.325 and 11.331 of this part.