alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013344EN.01002001.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/20 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/20

---

Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA

(Case C-56/12 P) (1)

1

(Appeal - Competition - Abuse of dominant position - Ink cartridge market - Decision rejecting a complaint - Lack of Community interest - Low probability of proving the existence of an infringement of Article 82 EC - Degree of seriousness of the infringement alleged)

2013/C 344/33

Language of the case: German

Parties

Parties

Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (represented by: D. Ehle, Rechtanswalt)

Appellant:

Other parties to the proceedings: European Commission (represented by: A. Antoniadis and C. Hödlmayr, acting as Agents, and W. Berg, Rechtsanwalt), Lexmark International Technology SA

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T-296/09 EFIM v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges — Powers of the Commission — Obligations regarding the investigation of complaints — No Community interest — Proportionality — Failure to state reasons — Infringement of the rights of the defence — Commission Notice on the handling of complaints

EFIM

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to pay the costs. |
| --- | --- |

2.

Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to pay the costs.

---

(1)  OJ C 118, 21.4.2012.

1

---
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 Thinkpath, Inc. (the "Company")
on Form 10-QSB for the period ending March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kelly Hankinson,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

3)       The Report fully complies with the requirements of section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

4)       The information contained in the Report fairly presents, in all
         material respects, the financial condition and result of operations of
         the Company.



     May 20, 2005                   By: /s/ Kelly Hankinson
                                        -------------------
                                             Name: Kelly Hankinson
                                             Title: Chief Financial Officer
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 4686

_____________________________
M ARCUS L. M URPHY , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. John L. Miller , Judge

. October 23, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , R OBERTS , and W INOKUR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Marcus L. Murphy, pro se
, Appellant.

Ashley Moody, Attorney General, Tallahassee
, for App ellee.
<PAGE>   1
                                                                   EXHIBIT 10.19



                                        October 19, 1998

Mr. Walter J. Haybert
9636 Fox Hill Circle North
Germantown, TN 38139

Dear Mr. Haybert:

        Reference is made to the Second Amended and Restated Employment
Agreement, entered into as of October 1, 1995 (the "Employment Agreement"), by
and between Horseshoe Gaming, Inc., a Nevada corporation (the "Company"), and
you, as the "Employee". The Employment Agreement terminated in accordance with
Section 2 thereof on July 31, 1998. Either the Employee or Horseshoe Gaming,
L.L.C. (the "LLC") may exercise the respective options granted to them under
Section 12 of the Employment Agreement within 90 days after the termination of
the Employment Agreement. The LLC and you, as the Employee, hereby agree to
extend the term during which each of the Put Option (as defined in the
Employment Agreement) and the Call Option (as defined in the Employment
Agreement), as set forth in Section 12 thereof, may be exercised through, and
including, July 31, 1999 (the "Extended Term"). Other than as set forth in this
letter, the Employment Agreement shall not be deemed to have been modified.
Please indicate your acknowledgment and agreement with the foregoing by signing
in the space indicated below.

                                        Sincerely,

                                        HORSESHOE GAMING, INC.

                                        By: ____________________________________
                                            Jack B. Binion
                                            Chief Executive Officer and Chairman

                                        HORSESHOE GAMING, L.L.C.
                                        By: Horseshoe Gaming, Inc., Manager

                                        By: ____________________________________
                                            Jack B. Binion
                                            Chief Executive Officer and Chairman



ACKNOWLEDGED AND
ACCEPTED this __ day of October, 1998:

________________________________________________________________________________

Mr. Walter J. Haybert
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.484 Prewash equipment. Unless the ship operator shows that the prewash equipment specified in this section will be available at discharge or prewash facilities or the equipment is waived under § 153.491, to have its Certificate of Inspection or Certificate of Compliance endorsed to carry a Category A NLS or a Category B or C NLS requiring viscosity or melting point information under § 153.908 (a) and (b), a ship must have the following: ( a ) For the tanks that carry the NLS, a tank washing system capable of washing all interior tank surfaces except those shielded from the washing system spray by ship's structure, and consisting of a wash water supply system and— ( 1 ) A fixed tank washing machine in each tank; or
( 2 ) A portable tank washing machine and, if required by the Coast Guard, equipment to move it during washing and when storing.
( b ) Piping, valving, and crossovers needed to arrange the cargo piping so that the wash water passes through the cargo pump and cargo piping during tank washing or discharge of tank wash water.
( c ) If the approved Procedures and Arrangements Manual specifies the hot water prewash required under 153.1108, a means of supplying water to the tank washing machine under paragraph (a) of this section at— ( 1 ) A temperature of at least 60 °C (140 °F) when it leaves the washing machine; and
( 2 ) The flow rate needed for the washing machine jets to meet paragraph (a) of this section.
Exhibit 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report of Jacksonville Bancorp, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2002, as filed with
the Securities and Exchange Commission (the "Report"), I, Cheryl L. Whalen,
Executive Vice President and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as added by ss. 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.   To my knowledge, the information contained in the Report fairly presents,
     in all material respects, the financial condition and results of operations
     of the Company as of and for the period covered by the report.


Date: November 14, 2002                 By: /s/ Cheryl L. Whalen
      ------------------------------       -------------------------------------
                                           Cheryl L. Whalen, Executive Vice
                                              President and Chief Financial
                                              Officer
#### The People of the State of New York *ex rel.*O’Mara and others, *Appellants, v.*The Commissioners of the Department of Fire and Buildings of the City of Brooklyn, *Respondents*.

Order affirming proceedings of commissioners and dismissing writ of *certiorari*reversed, with costs, and relator restored. Opinion by

Dykman, J.
#### Addie M. Smith *v.*Lewis H. Cramer, Receiver, *etc*.

Motion for leave to go to the Court of Appeals denied.-
124 STAT. 2256 PUBLIC LAW 111–210—JULY 27, 2010 

Public Law 111–210 

111th Congress 

Joint Resolution 

Approving the renewal of import restrictions contained in the Burmese Freedom 

and Democracy Act of 2003, and for other purposes. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, 

SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE 

FREEDOM AND DEMOCRACY ACT OF 2003. 

(a) IN GENERAL.—Congress approves the renewal of the import 

restrictions contained in section 3(a)(1) and section 3A (b)(1) and 

(c)(1) of the Burmese Freedom and Democracy Act of 2003. 

(b) RULE OF CONSTRUCTION.—This joint resolution shall be 

deemed to be a ‘‘renewal resolution’’ for purposes of section 9 

of the Burmese Freedom and Democracy Act of 2003. 

SEC. 2. CUSTOMS USER FEES. 

Section 13031(j)(3)(B)(i) of the Consolidated Omnibus Budget 

Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(B)(i)) is amended 

by striking ‘‘August 17, 2018’’ and inserting ‘‘August 24, 2018’’. 

SEC. 3. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

The percentage under paragraph (2) of section 561 of the Hiring 

Incentives to Restore Employment Act in effect on the date of 

the enactment of this Act is increased by 0.25 percentage points. 

SEC. 4. PAYGO COMPLIANCE. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

26 USC 6655 

note. 

50 USC 1701 

note. 

July 27, 2010 

[H.J. Res. 83] 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 111–210—JULY 27, 2010 124 STAT. 2257 

LEGISLATIVE HISTORY—H.J. Res. 83: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

July 14, considered and passed House. 

July 22, considered and passed Senate. 

Æ 

SEC. 5. EFFECTIVE DATE. 

This joint resolution and the amendments made by this joint 

resolution shall take effect on the date of the enactment of this 

joint resolution or July 26, 2010, whichever occurs earlier. 

Approved July 27, 2010. 

19 USC 58c note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
<PAGE>
 
                                                                    EXHIBIT 11.1
 
            STATEMENT REGARDING COMPUTATION OF NET INCOME PER SHARE
 
<TABLE>
<CAPTION>
                                                            FOR THE YEAR ENDED
                                                               DECEMBER 31,
                                                            -------------------
                                                              1996      1995
                                                            --------- ---------
                                                              (IN THOUSANDS,
                                                             EXCEPT PER SHARE
                                                                   DATA)
<S>                                                         <C>       <C>
Net income................................................. $   5,025 $     317
                                                            ========= =========
Weighted average number of shares outstanding:
  Common stock.............................................    24,800    16,148
  Preferred stock, as if converted.........................     5,043     7,715
Number of common stock equivalents as a result of stock
 options outstanding using the treasury stock method.......     3,888     1,188
Number of common stock issued and stock options granted in
 accordance with SAB No. 83................................     2,936     7,628
                                                            --------- ---------
  Shares used in net income per share computation..........    36,667    32,679
                                                            ========= =========
  Net income per share..................................... $    0.14 $    0.01
                                                            ========= =========
</TABLE>
--------
Note:
All share and per share amounts for all periods presented have been restated to
reflect a two-for-one stock split (effected in the form of a stock dividend)
which was effective December 19, 1996.
Communications 501 Third Street, N.W. Jeff

 Rechenbach

Workers of America Washington, D.C. 20001-2797 Secretary-Treasurer

AFL-CIO, CLC 202/434-1114 Fax: 202/434-1481

e-mail: jrechenbach@cwa-union.org

November 16, 2009

Joseph F. Stoltz, Assistant Staff Director

Audit Division

Federal Election Commission

999 E Street, NW

Washington, DC 20463

Re: Draft Final Audit Report

CWA COPE PCC

Dear Mr. Stoltz:

I am writing in response to your October 28 letter and the draft final report of the

Audit Division ("Draft Report") regarding CWA COPE PCC for the 2005-06 period.

As the Draft Report acknowledges, CWA COPE PCC accepted the

recommendations of the Interim Audit Report to amend reports applicable to that

period in order to reflect the transfers to AFL-CIO COPE PCC on Form 3X, Line 29

rather than on Line 22. CWA has no current plans to make further transfers of joint

fundraising contributions to AFL-CIO COPE PCC and has made no decision

regarding the alternative procedures described in the recommendation entitled

"Future Reports." We understand that because CWA COPE PCC has followed the

only recommendation with respect to

 ucorrect[ing]" its prior conduct and reports, and

it is entirely speculative whether or not CWA COPE PCC again will transfer jointly

fundraised contributions to AFL-CIO COPE PCC, there is no basis for the

Commission to consider an enforcement action against CWA COPE PCC regarding

this matter. Accordingly, CWA COPE PCC does not request a hearing before the

Commission with respect to the Draft Report.

For the record, in complying with the only recommendation that would require action

now by CWA COPE PCC, we do not concur with Finding 1in the Draft Report or the

accompanying October 15, 2009 memorandum from the Office of General Counsel

to the Audit Division insofar as they explain and conclude that CWA COPE PCC's

arrangement with AFL-CIO COPE PCC is subject to 11 C.F.R. §§ 102.6(c)(4) and

102.8(b) irrespective of its nature as a joint fundraising arrangement. We do agree

with those analyses insofar as they explain and conclude that CWA COPE PCC can

lawfully function as a collecting agent for AFL-CIO PCC and that, assuming that the

timeliness provisions of 11 C.F.R. § 102.6(c)(4) apply, CWA COPE PCC complied

with them with respect to its transfers to AFL-CIO COPE PCC in 2005 and 2006."
It remains the position of CWA COPE PCC that, as explained in our previous

correspondence to the Audit Division, the procedures that CWA COPE PCC has

utilized for many years in both undertaking its joint fundraising program with

AFL-CIO COPE PCC and in reporting the associated transactions to the

Commission, CWA COPE PCC has complied fully with the Federal Election

Campaign Act and the Commission's regulations.

Thank you for your consideration.

Sincerely,

Jeffrey A. Rechenbach

Treasurer

CWA COPE PCC

cc: Larry Cohen

Annie Hill

Yvette Herrera

Mary O'Melveny

Alfonso Pollard

Laura Archer

Krystal Dehaba

Laurence Gold, CWA COPE PCC Counsel
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-81,973-01

EX P ARTE JES US J. RAMIREZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR2012-130 IN THE 207TH DIS TRICT COURT

F ROM COMA L COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession with intent to deliver a control l ed s ub s t ance and sentenc ed to nineteen y ear s and ten months’ imprisonment. Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use counsel failed to investigate, failed to file a motion to suppress or object to illega lly seized evidenc e, and f

ailed to timely

file a notice of appe al. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington ,2

466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988). In these circ umstances, additional fac ts are neede d. As we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial c ourt is the appropr iate forum for finding s of fac t. The trial court s h al l o rder counsel to respond to Applicant’s c laims of ineffe ctive assistanc e of c ounsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f the trial c ourt elec ts to hold a hearing, it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wi s h es to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make findings o f fa ct and conclusions of l aw as to whether Applicant

was denied his rig ht to a meaning ful appea l beca use Applicant’s counsel failed to timely file a notice of appea l. The trial court shall also make finding s of fac t and conclusions of law as to whether trial counsel’s perf

ormanc e was defic ient, and if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court sha ll also make any other finding s of fac t a nd conclusions of law that it deems re levant and a

ppropriate to the dispositi on of Applica nt’s claims for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues sh al l b e re s o l ved within 90 day s of this order

. A supplemental transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court withi n 120 day s of the date of t his order

. Any extensions of t ime shall be obtained f

rom this Court. Filed: September

17, 2014 Do not publish
#### § 28.110 Life preservers or other personal flotation devices.

(a) Except as provided by [§ 28.305 of this chapter](/on/2024-09-23/title-46/section-28.305), each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table [28.110](/on/2024-09-23/title-46/section-28.110) and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of [paragraphs (c)](/on/2024-09-23/title-46/section-25.25-1#p-25.25-1(c)) and [(d) of § 25.25-1 of this chapter](/on/2024-09-23/title-46/section-25.25-1#p-25.25-1(d)), each commercial fishing industry vessel propelled by sail or a manned barge employed in commercial fishing activities must meet the requirements of this paragraph.

(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.

Table [28.110](/on/2024-09-23/title-46/section-28.110)—Personal Flotation Devices and Immersion Suits

| Applicable waters | Vessel type | Devices required | Other regulations |
| --- | --- | --- | --- |
| Seaward of the Boundary Line and North of 32°N or South of 32°S; and Lake Superior | Documented Vessel | Immersion suit or exposure suit. | 28.135; 25.25-9(a); 25.25-13; 25.25-15. |
| Coastal Waters on the West Coast of the United States north of Point Reyes, CA; Beyond Coastal Waters, cold water; and Lake Superior | All vessels | ......do | Do. |
| All other waters (Includes all Great Lakes except Lake Superior) | 40 feet (12.2 meters) or more in length | Type I, Type V commercial hybrid, immersion suit, or exposure suit.1 | 28.135; 25.25-5(e); 25.25-5(f); 25.25-9(a); 25.25-13; 25.25-15. |
| | Less than 40 feet (12.2 meters) in length | Type I, Type II, Type III, Type V commercial hybrid, immersion suit, or exposure suit.1 | Do. |
| | | | |
| --- | --- | --- | --- |
| 1 Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal flotation devices when used in accordance with the conditions stated in the Coast Guard approval table. | | | |

[CGD 88-079, [56 FR 40393](https://www.federalregister.gov/citation/56-FR-40393), Aug. 14, 1991, as amended by CGD 88-079b, [57 FR 34189](https://www.federalregister.gov/citation/57-FR-34189), Aug. 3, 1992; CGD 95-012, [60 FR 48048](https://www.federalregister.gov/citation/60-FR-48048), Sept. 18, 1995; USCG-2000-7790, [65 FR 58458](https://www.federalregister.gov/citation/65-FR-58458), Sept. 29, 2000]
# C_2013344EN.01005302.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/53 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/53

---

Order of the President of the Court of 20 August 2013 — European Commission v Hungary

(Case C-310/12) (1)

1

2013/C 344/92

Language of the case: Hungarian

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 366, 24.11.2012.

1

---