alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Argued and submitted January 26, CA A87497

reversed and remanded for reconsideration; CA A86569 dismissed as moot February 21, 1996

#### In the Matter of the Compensation of Job G. Lopez, Claimant. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, *Petitioner, v.*Job G. LOPEZ, Dammasch State Hospital and SAIF Corporation, *Respondents.*In the Matter of the Compensation of Job G. Lopez, Claimant. SAIF CORPORATION and Dammasch State Hospital, *Petitioners, and*DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, *Intervenor, v.*Job G. LOPEZ, *Respondent.*

(WCB 93-08872; CA A86569 (Control))

(CA A87497)

911 P2d 976

Stephanie L. Striffler, Assistant Attorney General, argued the cause for petitioner-intervenor Department of Consumer and Business Services. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

*323Steven R. Cotton, Special Assistant Attorney General, argued the cause for petitioners Dammasch State Hospital and SAIF Corporation. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Robert Wollheim waived appearance for respondent Job G. Lopez.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

CA A87497 reversed and remanded for reconsideration. *Newell v. SAIF,*134 Or App 625, 896 P2d 16, *aff’d on recons*136 Or App 280, 902 P2d 600 (1995). CA A86569 dismissed as moot.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-50695

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

TYRONE BOUGERE,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:14-CR-10-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Tyrone Bougere has moved for leave 

to withdraw and has filed a brief in accordance with Anders v. California, 386 

U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Bougere has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 22, 2015

Lyle W. Cayce

Clerk

 Case: 14-50695 Document: 00513242684 Page: 1 Date Filed: 10/22/2015
No. 14-50695

2

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is 

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

 Case: 14-50695 Document: 00513242684 Page: 2 Date Filed: 10/22/2015
<PAGE>

                                                                    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

         This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. ss. 1350, and accompanies the quarterly
report on Form 10-QSB for the quarter ended September 30, 2002 (the "Form
10-QSB") of Community Shores Bank Corporation (the "Issuer").

         I, Tracey A. Welsh, Vice President and Chief Financial Officer of the
Issuer, certify that:

         (i)      the Form 10-QSB fully complies with the requirements of
                  Section 13(a) or Section 15(d) of the Securities Exchange Act
                  of 1934 (15 U.S.C. 78m(a) or 78o(d); and

         (ii)     the information contained in the Form 10-QSB fairly presents,
                  in all material respects, the financial condition and results
                  of operations of the Issuer.

Dated: November 14, 2002
                                      /s/ Tracey A. Welsh
                                      -----------------------------------
                                      Tracey A. Welsh
                                      Vice President and Chief Financial Officer
EXHIBIT 32.1

Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of
Varsity Group Inc. (the Company) hereby certifies, to such officers knowledge, that the Companys Quarterly Report on Form 10-Q for the three months ended March 31 2007(the Report) fully complies
with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended and that the information contained in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.



|                    |  |  |  |                              
|------------------- |  |  |  | -----------------------------
|Dated: May 15, 2007 |  |  |  | /s/ James M. Craig           
|                    |  |  |  | James M. Craig               
|                    |  |  |  | Chief Executive Officer      
|                    |  |  |  | (Principal Financial Officer)
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK>     0001070242
<NAME>    INSIGHT COMMUNICATIONS OF CENTRAL OHIO
[LEGEND]
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE REGISTRANT COMPANY
CONSOLIDATED BALANCE SHEET (UNAUDITED) FOR JUNE 30, 1999 AND CONSOLIDATED
STATEMENT OF OPERATIONS (UNAUDITED) FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
[/LEGEND]
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             265
<SECURITIES>                                         0
<RECEIVABLES>                                    1,407
<ALLOWANCES>                                       438
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,100
<PP&E>                                          89,122
<DEPRECIATION>                                  50,122
<TOTAL-ASSETS>                                  42,689
<CURRENT-LIABILITIES>                           17,557
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (146,901)
<TOTAL-LIABILITY-AND-EQUITY>                    42,689
<SALES>                                         23,393
<TOTAL-REVENUES>                                23,393
<CGS>                                           16,488
<TOTAL-COSTS>                                   16,488
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  74
<INCOME-PRETAX>                                  7,058
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              7,058
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,058
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<PAGE>   1
                                                                    Exhibit 23



                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statements of
Lucent Technologies Inc. on (1) Form S-3 (File No. 333-01223) and (2) Forms S-8
(File No.'s 333-08789, 333-08793, 333-08901, 333-08775 and 333-08783 and on
Forms S-8 relating to the 1997 Annual Long Term Incentive Plan and Global
Founders Grant Stock Option Plan) of our reports dated October 24, 1996, on our
audits of the consolidated financial statements and financial statement schedule
of Lucent Technologies Inc. and subsidiaries as of September 30, 1996 and
December 31, 1995, and for the nine-month period ended September 30, 1996 and
the years ended December 31, 1995 and 1994, which reports are included or
incorporated by reference in this Transition Report on Form 10-K.





                                        Coopers & Lybrand L.L.P.




New York, New York
December 27, 1996
Comment Info: =================

General Comment:Future of Aviation Advisory Committee - Record of Meeting for Labor and Workforce Subcommittee
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Page 17583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1727]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--LiMo Foundation

    Notice is hereby given that, on March 1, 2007, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (the ``Act''), LiMo Foundation (the 
``Foundation'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing (1) the 
identities of the parties to the venture and (2) the nature and 
objectives of the venture. The notifications were filed for the purpose 
of invoking the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances.
    Pursuant to Section 6(b) of the Act, the identities of the parties 
to the venture are: Motorola, Inc., Libertyville, IL; NEC Corporation, 
Tokyo, JAPAN; Panasonic Mobile Communications Co., Ltd., Yokohama, 
JAPAN; Samsung Electronics Co., Ltd., Seoul, REPUBLIC OF KOREA; and 
Vodafone Group Services Limited, Newbury, Berkshire, UNITED KINGDOM. 
The nature and purpose of the Foundation is to develop a Linux-based, 
open mobile communication device software platform (the ``Foundation 
Platform''); to advance the creation, evolution, promotion, and support 
of the Foundation Platform; and to cultivate an ecosystem of 
complementary products, capabilities, and services, along with all 
other things ancillary to the foregoing purposes.

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 07-1727 Filed 4-6-07; 8:45 am]
BILLING CODE 4410-11-M
September 9, 2014 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Regarding: Docket No. FAA-2014-0410 

Reference: AGL-7K 

2014- GL- 33-0029 

To Whom it May Concern: 

44040 Laurel Canyon Way 

Fremont, CA 94539 

RECEIVED 

OCT 2 9 2014 

HEARING DOCKET 

QoP-\- OLito 

I am writing to respectfully request a withdrawal of my previous request for a hearing. As per my 

conversation with the Complainant's Counsel, I opt for a settlement. 

Regards, 

AnkitVyas
# C_2013079EN.01001702.xml

| 16.3.2013 | EN | Official Journal of the European Union | C 79/17 |
| --- | --- | --- | --- |

16.3.2013

EN

Official Journal of the European Union

C 79/17

---

Judgment of the General Court of 4 February 2013 — Hartmann v OHIM — Protecsom (DIGNITUDE)

(Case T-504/11) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark DIGNITUDE - Earlier national and Community word marks Dignity - Relative ground for refusal - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 79/31

Language of the case: English

Parties

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: N. Aicher, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Protecsom SAS (Valognes, France)

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

Re:

Re:

Action brought against the decision of the Fourth Chamber of Appeal of OHIM of 28 July 2011 (Case R 1197/2010-4), relating to opposition proceedings between Paul Hartmann AG and Protecsom SAS.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Paul Hartmann AG to pay the costs. |
| --- | --- |

2.

Orders Paul Hartmann AG to pay the costs.

---

(1)  OJ C 340, 19.11.2011.

1

---
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 the quarterly report of ACADIA Pharmaceuticals Inc. (the Company) on
Form 10-Q for the period ending September 30, 2008, as filed with the Securities and Exchange Commission on or about the date hereof (the Report), I, Uli Hacksell, Ph.D., Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, that:

(1) the Report fully complies with the requirements of Section 13(a) or Section 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 of the Company at the end
of the period covered by the Report and results of operations of the Company for the period covered by the Report.



|                       |  |                        
|---------------------- |  | -----------------------
|Date: November 5, 2008 |  | /s/ ULI HACKSELL       
|                       |  | Uli Hacksell, Ph.D.    
|                       |  | Chief Executive Officer

This certification shall not be deemed filed for purposes of Section 18 of the
Securities and Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act
of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
#### § 176.675 Extension of examination intervals.

The intervals between drydock examinations and internal structural examinations specified in § 176.600 of this part may be extended by the cognizant OCMI or Commandant.

[CGD 85-080, 61 FR 953, Jan. 10, 1996. Redesignated and amended by USCG-2000-6858, 67 FR 21084, 21087, Apr. 29, 2002; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013]
<PAGE>

                                                                  EXHIBIT (4)(j)


                             CERTIFICATE OF TRUST OF
                               M&T CAPITAL TRUST V

        THIS CERTIFICATE OF TRUST of M&T Capital Trust V (the "Trust") is being
duly executed and filed by The Bank of New York (Delaware), a Delaware banking
corporation, as trustee, to form a statutory trust under the Delaware Statutory
Trust Act (12 Del. C. Section 3801 et seq.).

        1.      Name. The name of the statutory trust formed hereby is "M&T
Capital Trust V".

        2.      Delaware Trustee. The name and address of the trustee of the
Trust in the State of Delaware are The Bank of New York (Delaware), White Clay
Center, Route 273, Newark, Delaware 19711.

        3.      Effective Date. This Certificate of Trust shall be effective on
July 7, 2003.

        IN WITNESS WHEREOF, the undersigned, being the sole trustee of the
Trust, has executed this Certificate of Trust.

                                  The Bank of New York (Delaware), not in
                                  its individual capacity, but solely as trustee

                                  By:    /s/ Michael Santino
                                         -----------------------------
                                  Name:  Michael Santino
                                  Title: Senior Vice President
EXHIBIT 32.1  Certification of Chief Executive OfficerPursuant to 1350 of Title 18 of the United States Code  In connection with the Quarterly Report of Inland Retail Real Estate Trust, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2006 (the Report), I, Barry L. Lazarus, the Chief Executive 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, certify that to the best of my knowledge:(1)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and(2)The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company./s/ Barry L. LazarusBy:Barry L. LazarusChief Executive OfficerDate:July 31, 2006
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT ALAN D. WHITE, ) ) Appellant, ) ) v. ) Case No: 2D14-2276 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed February 4, 2015. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Catherine L. Combee, Judge. Alan D. White, pro se.

WALLACE, Judge.

Alan D. White filed a letter w ith the postconviction court con tending that his written judgment does not accurately reflect one of the cri mes to which he entered a plea of no contest. Mr. White pleaded no contest to two offens es. One of these offenses was "fleeing and eluding (high speed)," a violation of section 316.1935(3)(a), Florida Statutes (2013). The judgment and sentence characteriz e this offense as "aggravated fleeing and eluding," which is a violation of secti on 316.1935(4)(a), a

different offense.- 2 - The postconviction court treated Mr. White's letter as a motio n filed under Florida Rule of Criminal Procedure 3.800(b) and denied the moti on. A motion to correct any sentencing error may be filed under rule 3.800(b)(1) during the time allowed for the filing of a notice of appeal, or, under rule 3.800(b)(2), while an appeal is pending. When Mr. White filed his letter, the time for filing an appeal had e xpired. It follows that Mr. White's judgment and sentence were final; thus rule 3.800(b) wa s inapplicable. In addition, the trial court could not treat the letter as a motio n for postconviction relief

under rule 3.850 1 because the letter did not conform to the requirements of rule 3.850(c). The postconviction cour t should have treated Mr. Whi te's letter as a motion to correct an illegal sentence under rule 3.800(a). We affirm the order denying Mr. White's motion because his let ter did not establish that his sentences were illegal. Our affirmance of t he postconviction court's order is without prejudice to Mr . White's right to raise the is sue of the inaccuracy of the judgment's description of the crime to which he pleaded no cont est in a timely motion

filed in accordance with rule 3.850. Affirmed without prejudice.

ALTENBERND and NORTHCUTT, JJ., Concur.

1 A defendant may file a motion challenging a judgment under rule 3.850 within two years after the judgment and sentence become final. Fla. R. Crim. P. 3.850(b).
EXHIBIT 10.12


Summary of Comprehensive Credit Facilities Agreement by and between Shenzhen BAK
Battery Co., Ltd. (the "Company") and Longgang  Division,  Shenzhen  Development
Bank ("Shenzhen Development Bank") dated as of April 1, 2004.

         The contract  number for this  agreement is Shenfa  Longgang  Daizi NO.
200403055.  The contract term is April 1, 2004 to April 1, 2005,  and the amount
of credit to be extended by Shenzhen  Development Bank is RMB 150,000,000  Yuan.
The  agreement  provides  that the documents and bills must be based on real and
genuine trading;  otherwise,  the credit is suspended immediately.  Furthermore,
the Company cannot  mortgage its new factory and dormitory  buildings to a third
party or the loan becomes mature immediately.
§ 130.130 Steering on OSVs of less than 100 gross tons. ( a ) Each OSV of less than 100 gross tons must have a steering system that complies with— ( 1 ) Section 130.140 of this subpart; or
( 2 ) This section.
( b ) Except as provided by paragraph (i) of this section, each vessel must have a main and an independent auxiliary means of steering.
( c ) The main means of steering (main steering gear) must be— ( 1 ) Of adequate strength for, and capable of, steering the OSV at each service speed;
( 2 ) Designed to operate at maximum astern speed without being damaged; and
( 3 ) Capable of moving the rudder from 35 degrees on one side to 30 degrees on the other side in no more than 28 seconds with the vessel moving ahead at maximum service speed.
( d ) Control of the main steering gear must be available from the pilothouse, including control of any necessary ancillary device (motor, pump, valve, or the like). If a power-driven main steering gear is used, a pilot light must be installed in the pilothouse to indicate operation of the power units.
( e ) The auxiliary means of steering (auxiliary steering gear) must be— ( 1 ) Of adequate strength for steering the OSV at navigable speed;
( 2 ) Capable of steering the vessel at navigable speed; and
( 3 ) Controlled from a place that— ( i ) Can communicate with the pilothouse; or
( ii ) Enables the master to safely maneuver the vessel.
( f ) The steering gear must be designed so that transfer from the main steering gear or its control to the auxiliary steering gear or its control can be achieved rapidly. Any tools or equipment necessary for transfer must be readily available. Instructions for transfer must be posted.
( g ) Each vessel must have instantaneous protection against short circuit for electrical-power circuits and control circuits, the protection sized and located to comply with §§ 58.25-55 (d) and (e) of this chapter.
( h ) A rudder-angle indicator independent of the control of the main steering gear must be installed at the steering-control station in the pilothouse.
( i ) No auxiliary steering gear need be installed if— ( 1 ) The main steering gear, including power systems, is installed in duplicate; or
( 2 ) Multiple-screw propulsion—with independent control of propulsion from the pilothouse for each screw and with a means to restrain and center the rudder—is installed, and if that control is capable of steering the OSV.
( j ) Each vessel with duplicate (parallel but cross-connected) power systems for the main steering gear by way of compliance with paragraph (i)(1) of this section may use one of the systems for other purposes if— ( 1 ) Control of the subordinate parallel system is located at the steering-control station in the pilothouse;
( 2 ) Full power is available to the main steering gear when the subordinate parallel system is not in operation;
( 3 ) The subordinate parallel system can be isolated from the means of steering, and instructions on procedures for isolating it are posted; and
( 4 ) The subordinate parallel system is materially equivalent to the steering system.