alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Official Journal L 236/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 236 |
| | |
| English edition | Legislation | Volume 592 September 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 236

English edition

Legislation

Volume 592 September 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2016/1448 of 1 September 2016 amending Regulation (EC) No 874/2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office | 1 |
| | | Commission Implementing Regulation (EU) 2016/1449 of 1 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 17 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2016/1448 of 1 September 2016 amending Regulation (EC) No 874/2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

1

Commission Implementing Regulation (EU) 2016/1449 of 1 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

17

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
No. P68/31.

protests 64/24019, etc. (New York).

#### Firestone Tire & Rubber Co. et al. *v.*United States,

Ford, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of draAvtwisters and parts thereof, which are dedicated to use on or with such machines, similar in all material respects to those the subject of *Allied Chemical Corp., National Aniline Division, and Alltransport, Inc., et al.*v. *United States*(53 Cust. Ct. 233, Abstract 68680, and 56 Cust. Ct. 880, Abstract 69811), the claim of the plaintiffs was sustained.
Exhibit 32   CERTIFICATION PURSUANT TO RULE 13a-14(b) AND SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350 (a) and (b))  I, S. Emerson Lybbert, Chairman of the Board and Chief Executive Officer of TGFIN Holdings, Inc. (the Company) certify that: (1) the quarterly report of TGFIN Holdings, Inc. on Form 10-Q for the quarter ended March 31, 2010 (the Quarterly Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o (d); and (2) the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   By:  /s/ S. Emerson Lybbert Name: S. Emerson Lybbert Title: Chairman of the Board and Chief Executive Officer (Principal Executive Officer)  Date: May 24, 2010   PURSUANT TO RULE 13a-14(b) AND SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350 (a) and (b)  I, S. Emerson Lybbert, Chairman of the Board and Chief Executive Officer of TGFIN Holdings, Inc. (the Company) certify that: (1) the quarterly report of TGFIN Holdings, Inc. on Form 10-Q for the quarter ended March 31, 2010 (the Quarterly Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o (d); and (2) the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.    By: /s/ S. Emerson Lybbert Name: S. Emerson Lybbert Title: Chief Financial Officer (Principal Financial Officer)  Date: May 24, 2010
III

106TH CONGRESS

1ST SESSION H. CON. RES. 124

IN THE SENATE OF THE UNITED STATES

NOVEMBER 3, 1999

Received

NOVEMBER 19, 1999

Referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

Expressing the sense of the Congress relating to recent allegations of espionage and illegal campaign financing that

have brought into question the loyalty and probity of

Americans of Asian ancestry.

Whereas the right to life, liberty, and the pursuit of happiness are truths we hold as self-evident;

Whereas all Americans are entitled to the equal protection of

law;

Whereas Americans of Asian ancestry have made profound

contributions to American life, including the arts, our
2

HCON 124 RFS

economy, education, the sciences, technology, politics, and

sports, among others;

Whereas Americans of Asian ancestry have demonstrated

their patriotism by honorably serving to defend the

United States in times of armed conflict, from the Civil

War to the present; and

Whereas due to recent allegations of espionage and illegal

campaign financing, the loyalty and probity of Americans

of Asian ancestry has been questioned: Now, therefore, be

it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) no Member of Congress or any other Amer4 ican should generalize or stereotype the actions of an

5 individual to an entire group of people;

6 (2) Americans of Asian ancestry are entitled to

7 all rights and privileges afforded to all Americans;

8 and

9 (3) the Attorney General, the Secretary of En10 ergy, and the Commissioner of the Equal Employ11 ment Opportunity Commission should, within their

12 respective jurisdictions, vigorously enforce the secu13 rity of America’s national laboratories and inves-
3

HCON 124 RFS

1 tigate all allegations of discrimination in public or

2 private workplaces.

Passed the House of Representatives November 2,

1999.

Attest: JEFF TRANDAHL,

Clerk.
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<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE WESTWOOD
CORPORATION CONSOLIDATED BALANCE SHEET (UNAUDITED) FOR JUNE 30, 2000, AND THE
RELATED CONSOLIDATED STATEMENT OF OPERATIONS (UNAUDITED) FOR THE THREE MONTHS
ENDED JUNE 30, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

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```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 125 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. CON. RES. 125

Expressing the sense of the Congress in support of the development and 
              use of firearms personalization technology.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1999

Mr. Blumenauer submitted the following concurrent resolution; which was 
referred to the Committee on Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing the sense of the Congress in support of the development and 
              use of firearms personalization technology.

    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) all firearms purchased by the Federal Government should 
        include firearms personalization technology as soon as such 
        technology is readily available;
            (2) research and development to further improve and perfect 
        firearms personalization technology should be encouraged 
        through greater Federal funding; and
            (3) within 5 years, all firearms purchases should include 
        firearms personalization technology.
For purposes of this resolution, the term ``firearms personalization 
technology'' means technology that prevents anyone other than an 
authorized user of a firearm from firing the firearm.
                                 <all>
```
**Exhibit 32.1** **Certification    Pursuant to Section 906 of the Sarbanes-Oxley Act of    2002**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002    (18 U.S.C. Section 1350), the undersigned officers of    FCB Bancorp (the “Company”), hereby certify that the    Company’s Annual Report on    Form 10-K    for the year ended December 31, 2005 (the    “Report”) fully complies with the requirements of    Section 13(a) or 15(d), as applicable, of the Securities    Exchange Act of 1934 and that the information contained in the    Report fairly presents, in all material respects, the financial    condition and results of operations of the Company.     Date: March 30, 2006     /s/  C. G. Kum    C.G. Kum    President and Chief Executive Officer     /s/  Romolo Santarosa    Romolo Santarosa    Executive Vice President and Chief Financial Officer      The foregoing certification is being furnished solely pursuant    to Section 906 of the Sarbanes-Oxley Act of 2002    (18 U.S.C. Section 1350) and is not being filed    as part of the Report or as a separate disclosure document.
No. P67/384.

#### Novelty Import Co., Inc. *v.*United States, protest 60/8668 (New York).

Ford, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protest consists of miniature pocketknives similar in all material respects to those the subject of *Paul E. Sernau, Inc.*v. *United States*(46 Cust. Ct. 514, Abstract 65737), the claim of the plaintiff was sustained.
III

105TH CONGRESS

2D SESSION S. RES. 283

To refer H.R. 998 entitled ‘‘A bill for the relief of Lloyd B. Gamble’’

to the chief judge of the United States Court of Federal Claims for

a report thereon.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1998

Mr. WARNER submitted the following resolution; which was refrred to the

Committee on the Judiciary

RESOLUTION

To refer H.R. 998 entitled ‘‘A bill for the relief of Lloyd

B. Gamble’’ to the chief judge of the United States

Court of Federal Claims for a report thereon.

1 Resolved, That (a) H.R. 998 entitled ‘‘A bill for the

2 relief of Lloyd B. Gamble’’ now pending in the Senate,

3 together with all the accompanying papers, is referred to

4 the chief judge of the United States Court of Federal

5 Claims.

6 (b) The chief judge shall—

7 (1) proceed according to the provisions of sec8 tions 1492 and 2509 of title 28, United States Code;

9 and
2

•SRES 283 IS

1 (2) report back to the Senate, at the earliest

2 practicable date, providing—

3 (A) such findings of fact and conclusions

4 that are sufficient to inform the Congress of the

5 nature, extent, and character of the claim for

6 compensation referred to in such bill as a legal

7 or equitable claim against the United States or

8 a gratuity; and

9 (B) the amount, if any, legally or equitably

10 due from the United States to Mr. Lloyd B.

11 Gamble.

12 (c) It is the sense of the Senate that if any judgment

13 is entered in favor of Lloyd B. Gamble against the United

14 States, any damages arising from injuries sustained by

15 Lloyd B. Gamble should not exceed $253,488.

Æ
Case No. 6,565.

#### HOBSON et al. v. MARKSON et al.

[1 Dill. 421.] 1

Circuit Court, D. Kansas.

1871.

Bankrupt Act — General Assignments under State Law — Adjudication op Bankruptcy — Collateral Attack:

1. A previous voluntary general assignment for the benefit of creditors, made in good faith, and valid under the law of the state where •made, will not be sustained against a valid adjudication of bankruptcy.

2. An adjudication made after the return day, but upon petition and appearance, will be sustained in a collateral inquiry.

[Cited in Re Bush, Case No. 2,222.]

[Cited in Re Bush, Case No. 2,222.]

In bankruptcy.

Wallace, Pratt, Williams & Wagstaff, for plaintiffs.

• Britton, Rogers, Hoag & Wheat, for defendants.

PER CURIAM

(DILLON, Circuit Judge, and DELAHAY, District Judge, concurring).

In sustaining a demurrer to the bill (filed by assignees under a voluntary general assignment against assignees in bankruptcy and the petitioning creditors), the court delivered a written opinion, ruling the following points:

1. A valid adjudication of bankruptcy against a debtor, has the effect to subject him and'his property to the operation of the bankrupt act, notwithstanding a previous voluntary general assignment for the benefit of creditors; and the assignee in bankruptcy as against the assignee under the state law, is entitled to the possession and control of the estate. In re Burt [Case No. 2.210].

[See, also, Cragin v. Thompson, Id. 3,320.]

2. An order of the district court, adjudicating a debtor a bankrupt, made after the return day, but upon á petition of a creditor, and after notice to, and appearance by, the debtor, though it may be irregular, is not void, and cannot be collaterally assailed by his assignees under a previous voluntary assignment.
IV

106TH CONGRESS

1ST SESSION H. CON. RES. 185

Supporting the results of the East Timor plebiscite held on August 30,

1999, and calling for an end to the violence in East Timor.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 9, 1999

Mr. WEYGAND submitted the following concurrent resolution; which was

referred to the Committee on International Relations

CONCURRENT RESOLUTION

Supporting the results of the East Timor plebiscite held

on August 30, 1999, and calling for an end to the

violence in East Timor.

Whereas in March 1999 Indonesia and Portugal reached an

agreement to allow the people of East Timor a ‘‘direct

vote’’ on independence;

Whereas the vote, originally scheduled for August 8, 1999,

took place August 30, 1999, and resulted in 78 percent

of the voting East Timorese choosing independence;

Whereas since the election there has been an escalation of violence perpetrated by the anti-independence paramilitary

forces, reported to be assisted by the Indonesian military

and police; and
2

• HCON 185 IH

Whereas villages have been burned, East Timorese have been

murdered and beaten, and international observers and

media have fled East Timor for their own safety: Now,

therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) supports the results of the East Timor pleb4 iscite held on August 30, 1999;

5 (2) strongly urges the Government of Indonesia

6 to end the military and police involvement with the

7 anti-independence militia;

8 (3) strongly urges the Government of Indonesia

9 to end the violence in East Timor immediately and

10 begin taking steps to honor the election results;

11 (4) urges the President to provide the United

12 Nations whatever assistance is needed to help secure

13 the peace and independence of the East Timorese;

14 and

15 (5) urges the United Nations to take immediate

16 action, including the deployment of peacekeeping

17 forces, to end the outbreak of violence in East

18 Timor.

Æ
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE TREADCO,
INC. QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000876948
<NAME> TREADCO, INC.
       
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<CGS>                                       23,260,210
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<LOSS-PROVISION>                               715,144
<INTEREST-EXPENSE>                             309,630
<INCOME-PRETAX>                            (2,985,225)
<INCOME-TAX>                               (1,096,442)
<INCOME-CONTINUING>                        (1,888,783)
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<EPS-PRIMARY>                                    (.37)
<EPS-DILUTED>                                    (.37)
        








<PAGE>

</TABLE>
**Exhibit 4.12****AMENDMENT****FOR****LEASE AGREEMENT FOR OFFICE BUILDINGS**This Amendment made and entered into by and between**Fresenius AG****– Landlord –** and**Fresenius Medical Care Deutschland GmbH**, Bad Homburg    v.d.H. **– Tenant –**      **Whereas,** as part of the formation of Fresenius MedicalCare in 1996, the Landlord and the Tenant (hereinafter togetherreferred to as “the Parties”) entered into a LeaseAgreement for Office Buildings for the leased space in **BadHomburg, Daimler Strasse 15**, on September 30, 1996(hereinafter referred to as “the Lease Agreement”);     **Whereas,** the Lease Agreement, as amended from time, totime had a 10-year termand shall terminate December 31, 2006;     **Whereas,** by executing a Memorandum of Understanding,dated September 26, 2006, the Parties have alreadyexpressed their mutual desire to renew the Lease Agreement oncomparable terms for a new term of 10 years;     **Now, Therefore,** the Parties hereto agree as follows:     **Section 1.          Termand Termination.**     By this Amendment Article 2, Section 1 of the LeaseAgreement shall read as follows: 1.    The lease relationship shall be renewed for a term of    10 years. Therefore, the Lease Agreement shall terminate    December 31, 2016.**Section 2.          EscalatorClause.**     By this Amendment Article 6 of the Lease Agreement shallread as follows:     In the event that the Consumer-Price-Index for Germanydetermined by the Federal Statistical Office (Basis 2000 = 100)increases or decreases (in percent) in relation to its state asof December 2006, the rent shall be changed in the sameproportion.     An adjustment shall, in each case, be made as ifJanuary 1st, of the year in accordance with the state ofthe index in December of the preceding year.     The Landlord shall be responsible for obtaining theauthorization of the respective “Bundesamt fürWirtschaft und Ausfuhrkontrolle”, as far as legallyrequired.**Section 3.          Others.**     As by this Amendment the Lease Agreement is prolonged, theParties agree that the Landlord shall not be entitled to a lumpsum compensation as set forth in Article 2, Section 3of the Lease Agreement. Notwithstanding
1

 
the modifications stipulated by this Amendment all otherprovisions of the Lease Agreement remain unchanged; this relatesespecially to the rent as set forth in Article 3,Section 1 of the Lease Agreement, as amended from time totime in the past due to the previous Escalator Provision as setforth in Article 6 of the Lease Agreement.**Section 4.          GoverningLaw.**     This agreement shall be governed by the laws of the FederalRepublic of Germany.
2

 
     IN WITNESS WHEREOF, this Agreement has been duly executed anddelivered by the duly authorized officers of the parties heretoon December 19, 2006   **Fresenius AG**
#### Michael Jerome VEST, Petitioner—Appellant, v. Gene M. JOHNSON, Director, Respondent—Appellee.

No. 05-6246.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 18, 2005.

Decided Aug. 24, 2005.

Michael Jerome Vest, Appellant Pro Se. Leah Ann Darron, Assistant Attorney General, Richmond, Virginia, for Appellee.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Michael Jerome Vest seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2254 (2000) in which he claimed ineffective assistance of counsel and a due process violation. An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683 (4th Cir.2001). Vest has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED*