alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014045EN.01003001.xml

| 15.2.2014 | EN | Official Journal of the European Union | C 45/30 |
| --- | --- | --- | --- |

15.2.2014

EN

Official Journal of the European Union

C 45/30

---

Order of the General Court of 10 December 2013 — Government of Aragón and Others v Council

(Case T-150/11) (1)

1

(Action for annulment - State aid - Decision concerning aid to facilitate the closure of uncompetitive coal mines - Partial annulment - Non-severability - Inadmissibility)

2014/C 45/48

Language of the case: Spanish

Parties

Parties

Applicants: Government of Aragón (Spain); Principado de Asturias (Spain); and Junta de Castilla y León (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas, E. Echeverría Álvarez and M. López Garrido, lawyers)

Applicants:

Defendant: Council of the European Union (represented by: A. Lo Monaco and F. Florindo Gijón, Agents)

Defendant:

Intervener in support of the defendant: European Commission (represented by: É. Gippini Fournier, L. Flynn and C. Urraca Caviedes, Agents)

Intervener in support of the defendant

Re:

Re:

Application for partial annulment of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24).

Operative part of the order

Operative part of the order

| 1. | The application is dismissed as inadmissible. |
| --- | --- |

1.

The application is dismissed as inadmissible.

| 2. | The Government of Aragón (Spain), the Principado de Asturias (Spain) and the Junta de Castilla y León (Spain) are ordered to bear their own costs and, in addition, to pay those incurred by the Council of the European Union. |
| --- | --- |

2.

The Government of Aragón (Spain), the Principado de Asturias (Spain) and the Junta de Castilla y León (Spain) are ordered to bear their own costs and, in addition, to pay those incurred by the Council of the European Union.

| 3. | The European Commission is ordered to bear its own costs. |
| --- | --- |

3.

The European Commission is ordered to bear its own costs.

---

(1)  OJ C 130, 30.4.2011.

1

---
§ 169.315 Ventilation (other than machinery spaces). ( a ) All enclosed spaces within the vessel must be properly ventilated in a manner suitable for the purpose of the space.
( b ) A means must be provided to close off all vents and ventilators.
( c ) Living spaces must be ventilated by a mechanical system unless it can be shown that a natural system will provide adequate ventilation in all ordinary weather conditions. Provided that paragraph (a) of this section is satisfied, a vessel having only a natural ventilation system must satisfy the following: V/A≥1.4 where V is the total area of the vents in square inches and A is the product in square feet of the vessel's design waterline length times its maximum beam.
Editorial Note on Part 162
Editorial Note: Nomenclature changes to part 162 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 162.018-6 Marking. ( a ) Each safety relief valve shall be plainly marked by the manufacturer with the required data in such a way that the marking will not be obliterated in service. The marking may be stamped on the valve or stamped or cast on a plate securely fastened to the valve. The marking shall include the following data: ( 1 ) The name or identifying trademark of the manufacturer.
( 2 ) Manufacturer's design or type number.
( 3 ) Size ____ inches. (The pipe size of the valve inlet).
( 4 ) Set pressure ____ p.s.i.
( 5 ) Rated capacity ____ cubic feet per minute of the gas or vapor (at 60 °F. and 14.7 p.s.i.a.).
( 6 ) Coast Guard approval number. The minimum wording for showing approval shall be “USCG 162.018/* *” or “USCG 162.018-* * ”.
( b ) [Reserved]
[CGFR 68-82, 33 FR 18908, Dec. 18, 1968, as amended by USCG-2001-10224, 66 FR 48620, Sept. 21, 2001] Footnotes -
162.018-6
- * Number to be assigned by the Commanding Officer, USCG Marine Safety Center.
EXHIBIT
      32.2





**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Annual Report of Equicap, Inc. on Form 10-KSB for the fiscal
      year ended June 30, 2008, as filed with the Securities and Exchange Commission
      on the date therein specified (the “Report”), I, David Ming He, the Chief
      Financial Officer of the company, certify pursuant to 18 C.F.R. 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 the Report fairly presents, in all material respects,
      the financial condition and results of operations of the company.




Date:
      September 26, 2008




By:
            /s/
                David Ming HeChief
                Financial Officer





This
      Certification is being furnished solely to accompany the Report pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act 2002, and shall not be deemed “filed” by the Company for purposes of Section
      18 of the Securities Act 1933, as amended, or the Securities Exchange Act of
      1934, as amended, whether made before or after the date of this Report,
      irrespective of any general incorporation language contained in such filing.
      A
      signed original of this written statement required by Section 906 has been
      provided to Equicap, Inc. and will be retained by Equicap, Inc. and furnished
      to
      the Securities and Exchange Commission or its staff upon
      request.
#### Charles B. Miller, *Appellant, v.*Samuel Root, *Respondent*.

Order affirmed, with ten dollars costs and printing disbursements. Opinion by

Bockes, J., and by Learned, P. J., dissenting.
```

[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Page 65701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27500]

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

CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meeting Notice

Time and Date: Wednesday, October 26, 2011; 2 p.m.-3 p.m.

Place: Hearing Room 420, Bethesda Towers, 4330 East West Highway, 
Bethesda, Maryland.

Status: Closed to the Public.

Matter To Be Considered: 

Compliance Status Report

    The Commission staff will brief the Commission on the status of 
compliance matters. For a recorded message containing the latest agenda 
information, call (301) 504-7948.

Contact Person for More Information: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: October 19, 2011.
Todd A Stevenson,
Secretariat.
[FR Doc. 2011-27500 Filed 10-20-11; 11:15 am]
BILLING CODE 6355-01-P
```
Exhibit 32.2

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 Quarterly Report of First Capital, Inc. and Subsidiaries (the
Company) on Form 10-Q for the period ended March 31, 2008, as filed with the Securities and Exchange Commission (the Report), I, Michael C. Frederick, Senior Vice President, Chief Financial Officer and Treasurer 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 the Report fairly presents, in all material respects, the financial condition and result of operations of the Company as of and for the period covered by the Report.



|                   |  |  |  |     |  |                                                             
|------------------ |  |  |  | --- |  | ------------------------------------------------------------
|DATE: May 12, 2008 |  |  |  | BY: |  | /s/ Michael C. Frederick                                    
|                   |  |  |  |     |  | Michael C. Frederick                                        
|                   |  |  |  |     |  | Senior Vice President, Chief Financial Officer and Treasurer
|                   |  |  |  |     |  | (Principal Financial and Accounting Officer)
#### § 190.20-55 Insect screens.

Provisions must be made to protect the crew quarters against the admission of insects.
§ 180.204 Survival craft—vessels operating on coastwise routes. ( a ) Except as allowed by paragraph (c) of this section, each vessel constructed of wood certificated to operate on a coastwise route in cold water must either: ( 1 ) Be provided with inflatable buoyant apparatus of an aggregate capacity that will accommodate at least 67% of the total number of persons permitted on board; or
( 2 ) Meet either the standards for collision bulkheads in § 179.310 of this chapter or § 171.085 in subchapter S of this chapter and the standards for subdivision in §§ 179.220 and 179.320 of this chapter, or the standards for subdivision and damaged stability in §§ 171.070 through 171.073 and 171.080 in subchapter S of this chapter, as appropriate, and be provided with life floats of an aggregate capacity that will accommodate at least 100% of the total number of persons permitted on board.
( b ) Each vessel constructed of a material other than wood certificated to operate on a coastwise route in cold water must be provided with life floats of an aggregate capacity that will accommodate at least 100% of the total number of persons permitted on board.
( c ) Except as allowed by paragraph (d) of this section, each vessel certificated to operate on a coastwise route in warm water must be provided with life floats of an aggregate capacity that will accommodate at least 100% of the total number of persons permitted on board.
( d ) Each vessel certificated to operate on a coastwise route within three miles of land must either: ( 1 ) Be provided with life floats of an aggregate capacity that will accommodate at least 100% of the total number of persons permitted on board; or
( 2 ) Meet either the standards for collision bulkheads in § 179.310 of this subchapter or § 171.085 in subchapter S of this chapter, and the standards for subdivision in §§ 179.220 and 179.320 of this chapter, or the standards for subdivision and damaged stability in §§ 171.070 through 171.073 and 171.080 in subchapter S of this chapter, as appropriate, and be provided with life floats of an aggregate capacity that will accommodate at least 50% of the total number of persons permitted on board.
( 3 ) Have on board a FCC Type Accepted Category 1 406 MHz EPIRB, installed to automatically float free and activate, and be provided with life floats of an aggregate capacity that will accommodate at least 50% of the total number of persons permitted on board.
[CGD 85-080, 61 FR 975, Jan. 10, 1996; 61 FR 20557, May 7, 1996]
Exhibit 32.2  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER  PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.  350), the undersigned, Robert Rankin, Chief Financial Officer of House of Taylor Jewelry, Inc. (the "Company") has executed this certification in connection with the  filing  with  the  Securities  and  Exchange  Commission  of the  Company's Quarterly Report on Form 10-QSB for the quarter ended September 30, 2007 (the "Report").  The undersigned certifies 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 results of operation of the Company.  IN WITNESS WHEREOF, the undersigned has executed this certification as of the 9th day of November 2007.   HOUSE OF TAYLOR JEWELRY, INC.  /s/ Robert Rankin ----------------------------- Name: Robert Rankin Title: Chief Financial Officer
# C_2016098EN.01002701.xml

| 14.3.2016 | EN | Official Journal of the European Union | C 98/27 |
| --- | --- | --- | --- |

14.3.2016

EN

Official Journal of the European Union

C 98/27

---

Judgment of the General Court of 4 February 2016 — Heitkamp BauHolding v Commission

(Case T-287/11) (1)

1

((State aid - German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) - Decision declaring the aid incompatible with the internal market - Action for annulment - Individual concern - Admissibility - Concept of State aid - Selectivity - Nature and general scheme of the tax system))

(2016/C 098/34)

Language of the case: German

Parties

Parties

Applicant: Heitkamp BauHolding GmbH (Herne, Germany) (represented initially by W. Niemann, M. Kiera-Nöllen and S. Geringhoff, and subsequently by W. Niemann, S. Geringhoff and P. Dodos, lawyers)

Applicant:

Defendant: European Commission (represented initially by R. Lyal, T. Maxian Rusche and M. Adam, and subsequently by R. Lyal, T. Maxian Rusche and C. Egerer, acting as Agents)

Defendant:

Intervener in support of the applicant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents)

Intervener in support of the applicant:

Re:

Re:

Application for annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Rejects the objection of inadmissibility; |
| --- | --- |

1.

Rejects the objection of inadmissibility;

| 2. | Dismisses the action as unfounded; |
| --- | --- |

2.

Dismisses the action as unfounded;

| 3. | Orders Heitkamp BauHolding GmbH to bear its own costs and to pay two thirds of the European Commission’s costs, and orders the Commission to bear one third of its own costs; |
| --- | --- |

3.

Orders Heitkamp BauHolding GmbH to bear its own costs and to pay two thirds of the European Commission’s costs, and orders the Commission to bear one third of its own costs;

| 4. | Orders the Federal Republic of Germany to bear its own costs. |
| --- | --- |

4.

Orders the Federal Republic of Germany to bear its own costs.

---

(1)  OJ C 238, 13.8.2011.

1

---
*

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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-50617

(Summary Calendar)

LAVESTER ROBERSON,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, 

TEXAS DEPARTMENT OF CRIMINAL 

JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-96-CV-172

April 9, 1998

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Texas prisoner Lavester Roberson, #483555, appeals from the grant of summary judgment

by the district court in favor of Respondent. The district court granted Roberson a certificate of

appealabilityto appeal two issues: (1) whether the State elicited testimony froma State witness about

Roberson’s voluntary post-arrest, post-Miranda statements in violation of Doyle v. Ohio, 426 U.S.

610 (1976), and (2) whether Roberson’s state trial counsel was ineffective. 

We have reviewed the record and the briefs of the parties and hold that any Doyle error was

harmless. Pitts v. Anderson, 122 F.3d 275, 279-81 (5th Cir. 1997). In the event of a Doyle error,

a petitioner is not entitled to federal habeas relief unless the error had a “ ‘substantial and injurious
2

effect or influence in determining the jury’s verdict.’ ” Brecht v. Abrahamson, 507 U.S. 619, 637-38

(1993) (quoting Kotteakos v. United States, 328 U.S. 750, 776 (1946)). Roberson has not met the

burden of demonstrating such effect. We further hold that Roberson’s counsel was not ineffective.

Strickland v. Washington, 466 U.S. 668, 687-94 (1984). Roberson has not introduced the requisite

clear and convincing evidence to prove that the state habeas court’sfindingsregarding hisineffective

assistance of counsel claim are erroneous. Williams v. Cain, 125 F.3d 269, 277 (5th Cir. 1997); 28

U.S.C. §2254(e)(1).

AFFIRMED.
# C_2008317EN.01000101.xml

| 12.12.2008 | EN | Official Journal of the European Union | C 317/1 |
| --- | --- | --- | --- |

12.12.2008

EN

Official Journal of the European Union

C 317/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2008/C 317/01)

| Date of adoption of the decision | 10.7.2007 |
| --- | --- |
| Reference number of the aid | N 322/A/06 |
| Member State | Italy |
| Region | — |
| Title (and/or name of the beneficiary) | Misure urgenti per la prevenzione dell'influenza aviaria |
| Legal basis | Decreto Ministero delle politiche agricole e forestali del 2 maggio 2006 |
| Type of measure | Investment aid, aid for closing production capacity, aid to combat epizootic diseases |
| Objective | To prevent and combat avian influenza |
| Form of aid | Direct grants |
| Budget | EUR 100 million (for all measures laid down in the Decree) |
| Intensity | Varies depending on the measures |
| Duration | 26.8.2005-31.12.2006 |
| Economic sectors | Poultry sector |
| Name and address of the granting authority | Ministero delle politiche agricole e forestali |
| Via XX Settembre 20 |
| I-00187 Roma |

Date of adoption of the decision

10.7.2007

Reference number of the aid

N 322/A/06

Member State

Italy

Region

—

Title (and/or name of the beneficiary)

Misure urgenti per la prevenzione dell'influenza aviaria

Legal basis

Decreto Ministero delle politiche agricole e forestali del 2 maggio 2006

Type of measure

Investment aid, aid for closing production capacity, aid to combat epizootic diseases

Objective

To prevent and combat avian influenza

Form of aid

Direct grants

Budget

EUR 100 million (for all measures laid down in the Decree)

Intensity

Varies depending on the measures

Duration

26.8.2005-31.12.2006

Economic sectors

Poultry sector

Name and address of the granting authority

Ministero delle politiche agricole e forestali

Via XX Settembre 20

I-00187 Roma

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---
# **Exhibit 23.1**

# CONSENTOF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT

To the Board of DirectorsNorthern California Bancorp Inc.Monterey, California

We hereby consent to the use in the 10-KSB forthe Northern California Bancorp Inc. of our report dated February 14, 2007relating to the financial statements of the Northern California Bancorp Inc. asof December 31, 2006 and 2005 and for the three years then ended.

 
| /s/ Hutchinson and Bloodgood, LLP |   |   |
|-----------------------------------|--------|--------|
| Watsonville, California           |   |   |
| March 22, 2007                    |   |   |

 

----
#### Skinner v. Wheeler.

Damages— *measure of—trespasser cutting timber liable for amount cut.*

A trespasser who cuts trees from carelessness and not from malice is a wrong doer, and is liable for the value of the trees cut or destroyed. *Whitbeck*v. *N. Y. C. R. R. Co.,*36 Barb. 644; Sedg. on Damages, 630, citing *Cushing*v. *Longfellow,*26 Me. 306; *Martin*v. *Porter,*5 Mees, & Weis. 351; *Bennett*v. *Thompson,*13 Ired. L. 146; *Smith*v. *Gonder,*22 Da. 353. This liability exists the moment the trees are severed from the realty.

Accordingly, where defendant cut trees upon plaintiff’s land, and took the bark therefrom, but before he could remove the bark and timber from the ground, a great portion of it was destroyed by fire; *held,*that a charge that defendant was liable for the value of such timber and bark as was removed from the ground and not for that destroyed by fire, was too favorable to defendant.

Appeal by defendant from an order at the special term denying a motion for a new trial, after a verdict in favor of plaintiff at the circuit.

*710The action was brought by Abner C. Skinner against Wallace W. Wheeler, for trespass, in entering on plaintiff’s land and cutting and carrying away bark and timber therefrom.

*T. F. Bush,*for appellant.

*W. J. Groo,*for respondent.

Boardman, J.

The only points passed upon in the opinion are fully stated in the head-note.

*Order affirmed.*
# C_2010255EN.01013301.xml

| 22.9.2010 | EN | Official Journal of the European Union | C 255/133 |
| --- | --- | --- | --- |

22.9.2010

EN

Official Journal of the European Union

C 255/133

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat’

COM(2009) 516 final — 2009/0146 (COD)

(2010/C 255/25)

On 27 October 2009 the Council decided to consult the European Economic and Social Committee, under Article 37 and Article 152, 4b) of the Treaty establishing the European Community, on the

Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat

Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat

COM(2009) 516 final – 2009/0146(COD).

Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 458th plenary session, held on 16 and 17 December 2009 (meeting of 16 December 2009), by 178 votes in favour and 4 abstentions to issue an opinion endorsing the proposed text.

Brussels, 16 December 2009.

The President of the European Economic and Social Committee

Mario SEPI

---
#### Theodore D. Holmes and William H. Holmes, *Appellants, v.*Augusta F. A. Winans and H. H. Winans, *Respondents*.

Judgment reversed and new trial granted, costs to abide event. Order of reference vacated. Opinion by

Dykman, J.
**Exhibit32.1**

 

**CERTIFICATION**

**Pursuant to18 U.S.C. Section 1350**

**As AdoptedPursuant to Section 906 of the SARBANES-OXLEY ACT OF 2002**

 

I, John T. Sawyer, certify that this quarterlyreport on Form 10-Q of Penhall International Corp. fully complies with the requirementsof section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that theinformation contained in this quarterly report fairly presents, in all materialrespects, the financial condition and results of operations of the registrant.

 
| Date: February 14, 2005 |   | /s/ John T. Sawyer      |
|-------------------------|--------|-------------------------|
|                    |   | John T. Sawyer          |
|                    |   | Chief Executive Officer |

 

1

----