alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 189.60-15 Cargo Ship Safety Radio Certificate.

Every vessel equipped with a radio installation on an international voyage must have a Cargo Ship Safety Radio Certificate. Each radio installation must meet the requirements of the Federal Communication Commission and the International Convention for Safety of Life at Sea.

[USCG-1999-4976, 65 FR 6510, Feb. 9, 2000]
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  J ANET S. G UTHRIE , Plaintiff-Appellant,

v. No. 00-2189



#  B LUER IDGES AVINGS B ANK , I NCORPORATED , Defendant-Appellee. 

# 

Appeal from the United States District Court for the Western District of North Carolina, at Asheville.

Lacy H. Thornburg, District Judge.

(CA-00-92-1) Submitted: November 9, 2000 Decided: November 17, 2000 Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL Janet S. Guthrie, Appellant Pro Se. William Andrew Parker, LONG, PARKER, WARREN & JONES, P.A., Asheville, North Carolina; Kimberly Anderson Lyda, HARTSELL, HARTSELL & WHITE, Concord, North Carolina, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION
PER CURIAM:Janet S. Guthrie appeals the district court’s adoption of the magistrate judge’s recommendation, and its dismissal of her retaliation action filed pursuant to 42 U.S.C.A. § 2000e (Title VII) (West Supp. 2000), against Blue Ridge Savings Bank (Blue Ridge), her former employer. The district court dismissed the suit on the ground that the time lapse between Guthrie’s filing of the charge of discrimination on which she based her current retaliation action, and her placement onadministrative leave and ultimate termination, was too great to establish a prima facie case of retaliation. To prevail on her Title VII retaliation claim, Guthrie must satisfy the three step proof scheme established in McDonnell Douglas Corp. v. Green , 411 U.S. 792 (1973), and is required to prove that: (1) she engaged in a protected activity; (2) an adverse employment action was taken against her; and (3) there was a causal connection between the first two elements. Hopkins v. Baltimore Gas & Elec. Co. , 77 F.3d 745, 754 (4th Cir. 1996). We agree with the district court that Guthrie’s action is subject todismissal for lack of a causal connection. "To satisfy the third element, the employer must have taken the adverse employment action because the plaintiff engaged in a protected activity." Dowe v. Total Action Against Poverty , 145 F.3d 653, 657 (4th Cir. 1998). Here,Guthrie asserts that she was placed on administrative leave, and ultimately fired, based upon her filing an EEOC complaint almost threeyears earlier. This time lapse "negates any inference that a causal connection exists between the [filing of the EEOC charge and termination]." Id. Accordingly, we agree with the district court that Guthrie cannot establish the necessary causal connection to support a prima facie 2 G UTHRIE v. B LUE R IDGE S AVINGS B ANKcase, and we find that the district court did not err in granting Blue Ridge judgment as a matter of law. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3 G UTHRIE v. B LUE R IDGE S AVINGS B ANK
§ 32.56-22 Openings in and insulation of boundaries: Other spaces—T/ALL. If openings are fitted into the following exterior boundaries of any space other than an accommodation, service, or control space, the interior of the space must be insulated to “A-60” Class and the space must not provide access to any accommodation, service, or control space: ( a ) The exterior boundaries that face the cargo area.
( b ) The portion of the exterior boundaries within 3 meters (10 feet) or the length of the vessel divided by 25, whichever is greater, except that the distance need not exceed 5 meters (16.4 feet), of these boundaries.
# C_2013225EN.01003002.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/30 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 225/30

---

Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v RR Donnelley Global Turnkey Solutions Poland sp. z o.o.

(Case C-155/12) (1)

1

(VAT - Directive 2006/112/EC - Articles 44 and 47 - Place where taxable transactions are deemed to be carried out - Place of supply for tax purposes - Concept of ‘supply of services connected with immovable property’ - Complex cross-border service relating to the storage of goods)

2013/C 225/50

Language of the case: Polish

Referring court

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Parties to the main proceedings

Applicant: Minister Finansów

Applicant:

Defendant: RR Donnelley Global Turnkey Solutions Poland sp. z o.o.

Defendant:

Re:

Re:

Request for a preliminary ruling — Naczelny Sąd Administracyjny (Poland) — Interpretation of Articles 44 and 47 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), as amended — Determination of the relevant place for tax purposes — Concept of the supply of services connected with immovable property — Complex cross-border service involving the storage of goods provided to contractual customers established in other Member States or in non-member countries and comprising the admission of goods to warehouses situated in Poland, their shelving, storage, loading and unloading, repackaging and return to the customer

Operative part of the judgment

Operative part of the judgment

Article 47 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2008/8/EC of 12 February 2008, must be interpreted as meaning that the supply of a complex storage service, comprising admission of goods to a warehouse, placing them on the appropriate storage shelves, storing them, packaging them, issuing them, unloading and loading them, comes within the scope of that article only if the storage constitutes the principal service of a single transaction and only if the recipients of that service are given a right to use all or part of expressly specific immovable property.

---

(1)  OJ C 184, 23.6.2012.

1

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF PLANET HOLLYWOOD INTERNATIONAL, INC. FOR THE TWENTY-SIX
WEEKS ENDED JUNE 30, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                    6-MOS
<FISCAL-YEAR-END>                          DEC-29-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                          62,890
<SECURITIES>                                         0
<RECEIVABLES>                                    8,606
<ALLOWANCES>                                         0
<INVENTORY>                                     12,870
<CURRENT-ASSETS>                               106,234
<PP&E>                                         222,022
<DEPRECIATION>                                  18,410
<TOTAL-ASSETS>                                 346,684
<CURRENT-LIABILITIES>                           39,886
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,057
<OTHER-SE>                                     275,334
<TOTAL-LIABILITY-AND-EQUITY>                   346,684
<SALES>                                        157,276
<TOTAL-REVENUES>                               162,391
<CGS>                                           42,613
<TOTAL-COSTS>                                  134,242
<OTHER-EXPENSES>                                 1,036
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,291
<INCOME-PRETAX>                                 22,822
<INCOME-TAX>                                     8,330
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 10,421
<CHANGES>                                            0
<NET-INCOME>                                     4,071
<EPS-PRIMARY>                                     0.04<F1>
<EPS-DILUTED>                                     0.04<F1>
<FN>
<F1>RESTATED PURSUANT TO SEC REGULATION S-K, ITEM 601, 
TO CONFORM TO SFAS NO. 128. "EPS-PRIMARY" DENOTES BASIC EPS.
</FN>
        

</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

PAUL DAVID WEIMER,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 292 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 13th day of December, 2017, the Petition for Allowance of 

Appeal is DENIED.
# C_2014194EN.01000201.xml

| 24.6.2014 | EN | Official Journal of the European Union | C 194/2 |
| --- | --- | --- | --- |

24.6.2014

EN

Official Journal of the European Union

C 194/2

---

Judgment of the Court (First Chamber) of 30 April 2014 — FLSmidth & Co. A/S v European Commission

(Case C-238/12 P) (1)

1

((Appeal - Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Unlimited jurisdiction of the General Court - Duty to state reasons - Attribution to the parent company of the infringement committed by the subsidiary - Liability of the parent company for payment of the fine imposed on the subsidiary - Proportionality - Proceedings before the General Court - Adjudication within a reasonable time))

2014/C 194/02

Language of the case: English

Parties

Parties

Appellant: FLSmidth & Co. A/S (represented by: M. Dittmer, advokat)

Appellant:

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents, and M. Gray, Barrister)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 6 March 2012 in Case T-65/06 FLSmidth v Commission by which that court annulled in part Commission Decision C(2005) 4634 of 30 November 2005 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/F/38.354 — Industrial Bags) concerning a cartel consisting in the fixing of prices and sales quotas by geographic region, the sharing of orders by major customers, the organisation of concerted bidding in response to certain invitations to tender and the implementation of mechanisms for the exchange of information on sales volumes in the market for plastic industrial bags, and reduced the fine imposed on the appellant — Imputability of the unlawful conduct

FLSmidth

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the appeal; |
| --- | --- |

1)

Dismisses the appeal;

| 2) | Orders FLSmidth & Co. A/S to pay the costs. |
| --- | --- |

2)

Orders FLSmidth & Co. A/S to pay the costs.

---

(1)  OJ C 303, 6.10.2012.

1

---
#### § 176.816 Miscellaneous systems and equipment.

At each initial and subsequent inspection for certification the owner or managing operator shall be prepared to test and make available for inspection all items in the ship's outfit, such as ground tackle, navigation lights and equipment, markings, and placards, which are required to be carried by the regulations in this subchapter, as necessary to determine that they are fit for the service intended.

[CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2008-0906, 73 FR 56510, Sept. 29, 2008]
**EXHIBIT 31.1****CERTIFICATION OF CHIEF EXECUTIVE OFFICER**I, Daniel D. Leonard, President and Chief Executive Officer of Triad Financial Corporation, certifythat:     1. I have reviewed this quarterly report on Form 10-Q of Triad Financial Corporation;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presented in this report;     4. The company’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the company and have:     a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe company, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;     b. Evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     c. Disclosed in this report any change in the company’s internal control over financialreporting that occurred during the company’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the company’s internal control overfinancial reporting; and     5. The company’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or persons performing the equivalent functions):     a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thecompany’s ability to record, process, summarize and report financial information; and     b. Any fraud, whether or not material, that involves management or other employees who havea significant role in the company’s internal control over financial reporting.              /s/ Daniel D. Leonard   Daniel D. Leonard   President and Chief Executive Officer   Dated: August 14, 2007
#### § 196.37-37 Markings for lifesaving appliances, instructions to passengers, and stowage locations.

Lifesaving appliances, instructions to passengers, and stowage locations must be marked in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84-069, 61 FR 25313, May 20, 1996]
<PAGE>

                                                                     Exhibit 4.6

                           SHORT TERM PROMISSORY NOTE

US $60,000.00                                                   November 3, 2004

         FOR VALUE RECEIVED, Voyager One, Inc. promises to pay to the order of
Castle Hill Advisory Group at such place as the holder of this Note may from
time to time designate, the principle sum of Sixty Thousand and 00/100
(US$60,000.00) together with simple interest from the date hereof at the rate of
six percent (6) per annum on the principal balance.

         A one installment payment will be due sixty (60) calendar days from the
day when Voyager One, Inc. receives free and clear funds from the holder of the
note.

         All payments on account of the indebtedness evidenced by this note
shall be first applied to interest in the unpaid principal balance and the
remainder to principal.

         All parties to this note severally waive presentment for payment,
notice of dishonor, protest and notice of protest.

Voyager One, Inc.                                  Sebastien C. DuFort
859 West End Court
Suite I                                            By: /S/ SEBASTIEN C  DUFORT
                                                       ----------------------
Vernon Hills, IL   60061                                 Signature & Date
Phone:    847-984-6200
Fax:      847-984-6201

By: /S/ JOHN A  LICHTER  11-3-04
    -----------------------------
        Signature & Date
        John A. Lichter
        CEO





<PAGE>

                                   CONSENT TO
                  AMENDMENT OF SHORT TERM PROMISSORY NOTE DATED
                                NOVEMBER 3, 2004

         FOR VALUE RECEIVED, the undersigned, Castle Hill Advisory Group and
Voyager One, Inc., a Nevada corporation, hereby consent to an Amendment of the
terms of the Short Term Promissory Note dated November 3, 2004, attached as
Exhibit A hereto, as follows:

     1. The installment payment due date is hereby extended from January 4, 2005
     to March 31, 2005.

     2. This Consent is effective January 4, 2005 regardless of when it is
     signed. The remaining terms of the original note dated November 3, 2004
     shall remain in full force and effect.

                  "Payor"                            "Payee"

Name:             Voyager One. Inc.                  Castle Hill Advisory Group
Address: 859 West End Court
                  Vernon Hills, IL   60061
Phone             847-984-6200
Fax               847-984-6201

                  By: /S/ JOHN A. LICHTER 1-4-05     By: /S/ SEBASTIEN C. DUFORT
                      --------------------------         -----------------------
                      Signature & Date                   Signature & Date
                      John A. Lichter                    Sebastien C. DuFort
                      CEO                                President
| | CERTIFICATION | EXHIBIT 31.1
| | ------------- | ------------

Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

|I, Robert D. Parks, certify that:
|---------------------------------
|                                 
|1.                               
|                                 
|2.                               
|                                 
|3.                               
|                                 
|4.                               
|                                 
|                                 
|                                 
|                                 
|                                 
|                                 
|5.                               
|                                 
|                                 
|                                 



|Date:	August 8, 2003   
|-----------------------
|                       
|/s/ ROBERT D. PARKS    
|                       
|By:		Robert D. Parks   
|Chief Executive Officer
##### 



EXHIBIT 12.1
  
 Year Ended2002
    
    
    2003
    
    
    2004
    
    
    2005
    
    
    2006Loss before income taxes
    
    $
    (47,542
    )
    
    $
    (39,489
    )
    
    $
    (22,881
    )
    
    $
    (37,915
    )
    
    $
    (41,109
    )Plus fixed charges:Interest expense
    
    
    260
    
    
    
    1,135
    
    
    
    194
    
    
    
    35
    
    
    
    3,046Estimated interest within rental expense
    
    
    196
    
    
    
    163
    
    
    
    75
    
    
    
    100
    
    
    
    115456
    
    
    
    1,298
    
    
    
    269
    
    
    
    135
    
    
    
    3,161Adjusted loss before income taxes
    
    
    (47,086
    )
    
    
    (38,191
    )
    
    
    (22,612
    )
    
    
    (37,780
    )
    
    
    (37,948
    )Fixed charges
    
    
    (456
    )
    
    
    (1,298
    )
    
    
    (269
    )
    
    
    (135
    )
    
    
    (3,161
    )Deficiency of earnings to fixed charges
    
    $
    (47,542
    )
    
    $
    (39,489
    )
    
    $
    (22,881
    )
    
    $
    (37,915
    )
    
    $
    (41,109
    )Ratio of earnings to fixed charges
    
    
    N/A
    (2)
    
    
       N/A
       (2)
    
    
       N/A
       (2)
    
    
       N/A
       (2)
    
    
        N/A
    (2)
 
 (1)
    
    For purposes of calculating the ratio of earnings to fixed charges, earnings is the amount
resulting from adding the following items: (a) Loss before income taxes and (b) fixed charges. Fixed charges means the
sum of (i) interest expensed including amortization of discounts related to indebtedness and (ii) an estimate of the
interest within rental expense.(2)
    
    Earnings, as defined, were insufficient to cover fixed charges by $47,542,000, $39,489,000,
$22,881,000, $37,915,000 and $41,109,000 for years ended 2002, 2003, 2004, 2005 and 2006, respectively.
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C.SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Sanders Morris Harris Group Inc. (the “Company”) on Form 10-Qfor the period ended March 31, 2005 (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, I, Ben T. Morris, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

1.  The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  BEN T. MORRIS |   |   |
|-------------------------|--------|--------|
| Ben T. Morris           |   |
| Chief Executive Officer |   |

 

 

May 9,2005

 

 

Asigned original of this written statement required by Section 906 has beenprovided to Sanders Morris Harris Group Inc. and will be retained by SandersMorris Harris Group Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----