alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 31, 2006 Clifford W. Taylor,

 Chief Justice 

130432(57)(58) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 130432 

 COA: 254237 

Marquette CC: 03-040967-FH

THOMAS ANDREW CENSKE, 

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s order of May 

30, 2006 is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. The motion to remand for an evidentiary hearing is DENIED. 

p0724 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

July 31, 2006 

 Clerk
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear by USCG-2009-0702, 74 FR 49223, Sept. 25, 2009, and USCG-2013-0671, 78 FR 60144, Sept. 30, 2013.

§ 2.45-5 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .* Also, it is available for inspection at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, and is available from the sources indicated in this section.
( b ) International Maritime Organization, 4 Albert Embankment, London SE1 7SR, U.K. + 44 (0)20 7735 7611, *http://www.imo.org/ .* ( 1 ) IMO Resolution A.739(18), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, adopted 4 November 1993, incorporation by reference approved for § 2.45-15.
( 2 ) [Reserved]
§ 25.25-13 Personal flotation device lights. ( a ) This section applies to vessels described in § 25.25-1 that engage in ocean, coastwise, or Great Lakes voyages.
( b ) Each immersion suit carried in accordance with § 25.25-5(e), each life preserver, each marine buoyant device intended to be worn, and each buoyant vest must have a personal flotation device light that is approved under subpart 161.012 of this chapter.
( c ) Each personal flotation device light required by this section must be securely attached to the front shoulder area of the immersion suit, life preserver, or other personal flotation device.
( d ) If a personal flotation device light has a non-replaceable power source, the light must be replaced on or before the expiration date of the power source. If the light has a replaceable power source, the power source must be replaced on or before its expiration date and the light must be replaced when it is no longer serviceable.
[44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 4483, Feb. 7, 1984; CGD 97-057, 62 FR 51042, Sept. 30, 1997]
# C_2014421EN.01000301.xml

| 24.11.2014 | EN | Official Journal of the European Union | C 421/3 |
| --- | --- | --- | --- |

24.11.2014

EN

Official Journal of the European Union

C 421/3

---

Judgment of the Court (Grand Chamber) of 7 October 2014 — Federal Republic of Germany v Council of the European Union

(Case C-399/12) (1)

1

((Action for annulment - EU external action - Article 218(9) TFEU - Establishing the position to be adopted on behalf of the European Union in a body set up by an international agreement - International agreement to which the European Union is not a party - International Organisation of Vine and Wine (OIV) - ‘Acts having legal effects’ - OIV recommendations))

2014/C 421/03

Language of the case: German

Parties

Parties

Applicant: Federal Republic of Germany (represented by: T. Henze, B. Beutler and N. Graf Vitzthum, acting as Agents)

Applicant:

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, E. Ruffer and D. Hadroušek, acting as Agents), Grand Duchy of Luxembourg (represented by: P. Frantzen, acting as Agent), Hungary (represented by: M.Z. Fehér and K. Szíjjártó, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman, B. Koopman and J. Langer, acting as Agents), Republic of Austria (represented by: C. Pesendorfer, acting as Agent), Slovak Republic (represented by: B. Ricziová, acting as Agent), United Kingdom of Great Britain and Northern Ireland (represented by: J. Holmes, Barrister)

Interveners in support of the applicant:

Defendant: Council of the European Union (represented by: E. Sitbon and J.-P. Hix, acting as Agents)

Defendant:

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher, B. Schima and B. Eggers, acting as Agents)

Intervener in support of the defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders the Federal Republic of Germany to pay the costs; |
| --- | --- |

2)

Orders the Federal Republic of Germany to pay the costs;

| 3) | Orders the Czech Republic, the Grand Duchy of Luxembourg, Hungary, the Kingdom of the Netherlands, the Republic of Austria, the Slovak Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs. |
| --- | --- |

3)

Orders the Czech Republic, the Grand Duchy of Luxembourg, Hungary, the Kingdom of the Netherlands, the Republic of Austria, the Slovak Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.

---

(1)  OJ C 343, 10.11.2012.

1

---
# C_2013344EN.01003801.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/38 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/38

---

Order of the Court (Sixth Chamber) of 3 September 2013 — Idromacchine Srl, Alessandro Capuzzo, Roberto Capuzzo v European Commission

(Case C-34/12 P) (1)

1

(Appeal - Non-contractual liability of the European Union - Action for damages - Commission decision to initiate a formal investigation procedure - Prejudicial statements - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2013/C 344/65

Language of the case: Italian

Parties

Parties

Appellants: Idromacchine SpA, Alessandro Capuzzo, Roberto Capuzzo (represented by: W. Viscardini and G. Donà, avvocati)

Appellants:

Other party to the proceedings: European Commission (represented by: D. Grespan, acting as Agent, assisted by F. Ruggeri Laderchi, avvocato)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 November 2011 in Case T-88/09 Idromacchine and Others v Commission, by which the General Court rejected in part an action for damages in respect of the harm allegedly suffered as the result of the publication in the Official Journal of the European Union of false information which, inter alia, adversely affected the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004, ‘State aid — Italy — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’ — Duty of care — Breach of the rights of the defence — Absence of grounds

Idromacchine and Others

Commission

Official Journal of the European Union

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Idromacchine SpA, Alessandro Capuzzo and Roberto Capuzzo shall jointly and severally pay the costs. |
| --- | --- |

2.

Idromacchine SpA, Alessandro Capuzzo and Roberto Capuzzo shall jointly and severally pay the costs.

---

(1)  OJ C 89, 24.3.2012.

1

---
§ 183.330 Distribution panels and switchboards. ( a ) Each distribution panel and switchboard must be in as dry a location as practicable, adequately ventilated, and protected from falling debris and dripping or splashing water.
( b ) Each distribution panel or switchboard must be totally enclosed and of the dead front type.
( c ) Each switchboard must be fitted with a dripshield.
( d ) Distribution panels and switchboards that are accessible from the rear must be constructed to prevent a person from accidentally contacting energized parts.
( e ) Working space must be provided around all main distribution panels and switchboards of at least 610 millimeters (24 inches) in front of the switchboard, and at least 455 millimeters (18 inches) behind the switchboard. Rear access is prohibited when the working space behind the switchboard is less than 455 millimeters (18 inches).
( f ) Nonconducting mats or grating must be provided on the deck in front of each switchboard and, if accessible from the rear, on the deck in the rear of the switchboard.
( g ) All uninsulated current carrying parts must be mounted on noncombustible, nonabsorbent, high dielectric insulating material.
( h ) Equipment mounted on a hinged door of an enclosure must be constructed or shielded so that a person will not accidentally contact energized parts of the door mounted equipment when the door is open and the circuit energized.
( i ) In the design of a control, interlock, or indicator circuit, the disconnect device and its connections, including each terminal block for terminating the vessel's wiring, must not have any electrically unshielded or uninsulated surfaces.
( j ) Switchboards and distribution panels must be sized in accordance with § 111.30-19(a) in subchapter J of this chapter.
[CGD 85-080, 61 FR 997, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51050, Sept. 30, 1997]
§ 201.101 Prehearing conference. Prior to any hearing a prehearing conference may be held before the presiding officer. Written notice of a prehearing conference shall be transmitted by the Secretary of the Administration or the Chief Hearing Examiner to all parties of record including persons whose petitions for leave to intervene in the proceeding have not theretofore been granted, and where practicable, by general release to the public press. ( a ) At the prehearing conference the following matters, among others, shall be considered: ( 1 ) Petitions for leave to intervene;
( 2 ) motions for consolidation or severance of dockets for joint or separate hearing to the extent that the Administration has not theretofore taken specific action;
( 3 ) simplification and delineation of the issues to be heard;
( 4 ) designation of matters in respect of which official notice may be taken;
( 5 ) requests for discovery and production of evidence considered to be generally relevant and material to the issues in the proceeding;
( 6 ) stipulations;
( 7 ) limitation of number of witnesses, particularly the avoidance of duplicate expert witnesses;
( 8 ) procedure applicable to the proceeding;
( 9 ) offers of settlement, as hereinafter to be more particularly discussed in § 201.103; and
( 10 ) scheduling of the dates for exchange of exhibits, written testimony both affirmative and rebuttal and establishing the date, time and place for hearing.
( b ) If deemed necessary or appropriate, the presiding officer may also, on his own motion, or on motion of Public Counsel direct any party to a proceeding to prepare and submit exhibits setting forth studies, forecasts, or estimates on matters relevant and material to the issues in the proceeding to be sponsored by witnesses available for cross-examination thereon.
# C_2012138EN.01000401.xml

| 12.5.2012 | EN | Official Journal of the European Union | C 138/4 |
| --------- | -- | -------------------------------------- | ------- |

---

Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 February 2012 — Domingos Freitas and Maria Adília Monteiro Pinto v Companhia de Seguros Allianz Portugal SA (Case C-96/12) (2012/C 138/06) Language of the case: Portuguese Referring court Tribunal da Relação de Guimarães Parties to the main proceedings Applicants: Domingos Freitas and Maria Adília Monteiro Pinto Defendant: Companhia de Seguros Allianz Portugal SA Question referred In a road-traffic accident involving a motor vehicle and a minor riding a bicycle, in which the cyclist suffers personal and material damage, is the exclusion or reduction of compensation for such damage where the damage-causing event is due to the conduct of the cyclist contrary to [European Union] law and, in particular, to Article 3(1) of the First Directive (72/166/EEC), ( 1 ) Article 2(1) of the Second Directive (84/5/EEC) ( 2 ) and Article 1a of the Third Directive (90/232/EEC), ( 3 ) inserted by Article 4 of the Fifth Directive (2005/14/EC) ( 4 ) (all relating to insurance against civil liability in respect of the use of motor vehicles), in the light of the case-law of the Court of Justice [of the European Union] concerning the circumstances in which compensation on the basis of compulsory motor vehicle insurance may be limited? ( 1 )  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ English Special Edition 1972 (II), p. 360). ( 2 )  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17). ( 3 )  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33). ( 4 )  Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14).

---
§ 180.150 Survival craft embarkation arrangements. ( a ) A launching appliance described in paragraph (c) of this section, or a marine evacuation system approved under approval series 160.175, must be provided for each inflatable liferaft and inflatable buoyant apparatus when either— ( 1 ) The embarkation station for the survival craft is on a deck more than 4.5 meters (15 feet) above the waterline; or
( 2 ) The inflatable liferaft and inflatable buoyant apparatus is boarded prior to being placed in the water.
( b ) An embarkation ladder, approved in accordance with § 160.017 in subchapter Q of this chapter, or other standard specified by the Commandant, must be at each embarkation station if the distance from the deck on which an embarkation station is located to the vessel's lightest operating waterline is more than 3,050 millimeters (10 feet).
( c ) Each launching appliance for a davit-launched liferaft must include an automatic disengaging apparatus approved under 46 CFR part 160, subpart 160.170 and be either— ( 1 ) A davit approved under 46 CFR part 160, subpart 160.132 for use with a liferaft, with a winch approved under 46 CFR part 160, subpart 160.115 for use with a liferaft; or
( 2 ) A launching appliance approved on or before November 10, 2011 under approval series 160.163.
[CGD 85-080, 61 FR 975, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51050, Sept. 30, 1997; 62 FR 51357, Sept. 30, 1997; USCG-2010-0048, 76 FR 63015, Oct. 11, 2011; 76 FR 70062, Nov. 10, 2011]
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.207-2 Incorporation by reference. ( a ) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html*.
( b ) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org*. ( 1 ) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.207-3(a).
( 2 ) [Reserved]
Argued and submitted December 11, 1995,

reversed and remanded for reconsideration January 24, 1996

#### In the Matter of the Compensation of Sharman R. Crowell, Claimant. VIKING INDUSTRIES, INC. and Liberty Northwest Insurance Corporation, *Petitioners, v.*Sharman R. CROWELL, *Respondent.*

(WCB 93-13236; CA A85765)

909 P2d 903

Janet M. Schroer argued the cause for petitioners. With her on the briefs was Hoffman, Hart & Wagner.

Donald M. Hooton argued the cause for respondent. With him on the brief was Schneider, Hooton.

Before Riggs, Presiding Judge, and Landau and Leeson, Judges.

PER CURIAM

Reversed and remanded for reconsideration in light of 1995 amendments to ORS 656.005(7) and ORS 656.212. *Volk v. America West Airlines,*135 Or App 565, 899 P2d 746 (1995).
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Legal Services Corporation

## Correction 

# Time and Date:

The Board of Directors of the Legal Services Corporation will meet on May 29, 2007 via conference call. The meeting will begin at 2 p.m. (EST), and continue until conclusion of the Board's agenda. 

# Location:

3333 K Street, NW., Washington, DC 20007, 3rd Floor Conference Center. 

# Status of Meeting:

Open. Directors will participate by telephone conference in such a manner as to enable interested members of the public to hear and identify all persons participating in the meeting. Members of the public wishing to observe the meeting may do so by joining participating staff at the location indicated above. Members of the public wishing to listen to the meeting by telephone should call 1-888-795-2173 and enter 58581 on the key pad when prompted. To enhance the quality of your listening experience as well as that of others and to eliminate background noises that interfere with the audio recording of the proceeding, please mute your telephone during the meeting. 

# Matters to be Considered: 

1. Approval of the agenda. 

2. Consider and act on Board of Directors' response to the Inspector General's Semiannual Report to Congress for the period of October 1, 2006 through March 31, 2007. 

3. Consider and act on other business. 

4. Public comment. 

# Contact Person for Information:

Patricia Batie, Manager of Board Operations, at (202) 295-1500. 

# Special Needs:

Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Patricia Batie at (202) 295-1500. 

Dated: May 15, 2007. 

Victor M. Fortuno, 

Vice President for Legal Affairs, General Counsel & Corporate Secretary. 

[FR Doc. 07-2499 Filed 5-16-07; 8:53 am] 

BILLING CODE 7050-01-P
**EXHIBIT 23.1**

 

**i2 TECHNOLOGIES, INC.**

**CONSENT OF DELOITTE & TOUCHE LLP**

 

**INDEPENDENT AUDITOR’S CONSENT**

 

We consent to the incorporation by reference in registration statement Nos. 333-03703, 333-27009, 333-28147, 333-53667, 333-85791, 333-36478, 333-40038, 333-43838, 333-67868 and 333-85884 of i2 Technologies, Inc. andsubsidiaries (the “Company”) on Form S-8, the Post-Effective Amendment No. 1 to registration statements Nos. 333-31342 and 333-96341 and the Post-Effective Amendment No. 3 to registration statement No. 333-59106 of the Company on Form S-3and registration statement No. 333-49180 of the Company on Form S-3 of our report dated July 21, 2003 (which expresses an unqualified opinion and includes explanatory paragraphs relating to the change in method of accounting for goodwill and otherintangible assets in 2002 as described in Note 1 and the restatement of the 2001 and 2000 consolidated financial statements as described in Note 2), appearing in this annual report on Form 10-K of i2 Technologies, Inc. and subsidiaries for the yearended December 31, 2002. 

 

/s/ DELOITTE & TOUCHE LLP 

 

Dallas, Texas 

July 21, 2003
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