alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 50349.

#### Protest 985584-G of Far East Fur Co., Inc. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the goatskins are similar in all material respects to those the subject of *United States*v. *Winograd Bros.*(32 C. C. P. A. 153, C. A. D. 302), which record was admitted in evidence herein. In accordance therewith the claim for free entry under paragraph 1681 was sustained.
No. 51631.

#### Protests 127883-K, etc., of P. R. Dreyer, Inc., et al. (New York).

*177Opinion by

Olive», P. J.

It was stipulated that the merchandise consists of eitronella oil the same in all material respects as that the subject of *United States*v. *Procter & Gamble Mfg. Co.*(34 C. C. P. A. 71, C. A. D. 345). In accordance therewith the claim for free entry under paragraph 1731 was sustained.
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40651 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE ASCENSION RENDON-GARCIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2002-ALL

-------------------- Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: * Jose Ascension Rendon-Garcia appeals his guilty-plea conviction and sentence for illegal reentry into the United States after a previous deportation. He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Rendon-Garcia’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998).No. 05-40651 -2- Although Rendon-Garcia contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Rendon-Garcia properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
**DIA - A Brief History - 35 Years**

----

# Contents

- Cover
Introduction
The 1960's
The 1970's
The 1980's
The 1990's
Directors of the Defense Intelligence Agency
Previous / Next
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MLEA, INC. : Date of 

: Notice: January 5, 2004

Plaintiff : 

: Civil Action

vs. : No. 02-4393

:

ATLANTIC RECYCLED RUBBER, INC. et al :

:

Defendants :

NOTICE

TAKE NOTICE that the above-entitled case has been set for a Status Conference

in the United States District Court, United States Courthouse, 601 Market Street, Philadelphia,

Pennsylvania, on Wednesday, January 21, 2004 at 10:30 a.m. before the Honorable James McGirr

Kelly, in chambers Room 4006.

ALL PARTIES ARE DIRECTED TO REPORT TO THE CHAMBERS ON

THE DATE AND TIME STATED ABOVE.

Very truly yours,

Sharon A. Hall

Deputy Clerk to Judge James McGirr Kelly

(267) 299-7569

[] THIS PROCEEDING HAS BEEN RESCHEDULED FROM 

Notice to: Philip J. Katauskas, Esquire

Heather E. Rennie, Esquire

John F. O’Riordan, Esquire

Antionette R. Stone, Esquire

Brian J. McCormick, Jr., Esquire

Case 2:02-cv-04393-JS Document 16 Filed 01/05/2004 Page 1 of 1
<PAGE>

                                                                      EXHIBIT 32

       CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND SENIOR VICE PRESIDENT,
                  CORPORATE DEVELOPMENT AND FINANCE 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 Public Company Accounting Reform and Investor
Protection Act of 2002 (18 U.S.C. Section 1350, as adopted), Kleanthis G.
Xanthopoulos, Ph.D., as President and Chief Executive Officer of the Company,
and Michael J. Kamdar, as Senior Vice President, Corporate Development and
Finance of the Company, each hereby certifies that, to the best of his
knowledge:

      1. The Company's Annual Report on Form 10-K for the year ended December
31, 2004, to which this Certification is attached as Exhibit 32 (the "Periodic
Report"), fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934, as amended; and

      2. The information contained in the Annual Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Annual Report and results of operations of the Company for
the periods covered by the Annual Report.

/s/ Kleanthis G. Xanthopoulos                 /s/ Michael J. Kamdar
-------------------------------------         ---------------------------------
Kleanthis G. Xanthopoulos, Ph.D.              Michael J. Kamdar
President and Chief Executive Officer         Senior Vice President,
Date: March 30, 2005                          Corporate Development and Finance
                                              Date: March 30, 2005
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH A. ARIETTA; )

DONALD EARL CUMMINGS; )

SANDRA L. GODSHALK; ) 

MARY J. HOMA; ) Civil Action

EDWARD S. KUCHAR; ) No. 04-CV-05306

KATHLEEN R. KUHNS; )

KATHLEEN R. MONDOK; )

JOSEPH F. O’HARA; )

PHILLIP T. PONGRACZ; )

KAREN PONGRACZ; )

THOMAS L. PORTLAND; )

KATHLEEN TEAY; and )

MARY ANN YORINA, )

 )

Plaintiffs )

 )

v. )

 )

CITY OF ALLENTOWN; )

JOSEPH BLACKBURN, Individually )

 and in his Official Capacity )

 as Police Chief of the )

 City of Allentown; )

RONALD S. MANESCU, Individually )

 and in his Official Capacity )

 as Assistant Police Chief ) 

 of the City of Allentown; )

FRANK PETERS, Individually )

 and in his Official Capacity )

 as a Supervisory Officer )

 of the Allentown Police )

 Department; and )

ROY AFFLERBACH, Individually )

 and in his Official Capacity )

 as Mayor of the City of )

 Allentown, )

 )

Defendants )

 )

and )

 )

ALLENTOWN WOMEN’S CENTER, )

 )

Movant )

Case 2:04-cv-05306-JKG Document 235 Filed 07/12/07 Page 1 of 2
-iiO R D E R

NOW, this 12th day of July, 2007, upon consideration of

the Motion to Intervene and accompanying Complaint in

Intervention filed by movant Allentown Women’s Center on April 5,

2007; upon consideration of Plaintiffs’ Memorandum of Law in

Opposition to Non-Party Allentown Women’s Center’s Motion to

Intervene, which opposition was filed April 16, 2007; upon

consideration of Defendants’ Response to the Motion to Intervene

of Allentown Women’s Center, which opposition was filed April 16,

2007; after oral argument conducted on April 18, 2007; and for

the reasons expressed in the accompanying Opinion,

IT ORDERED that the Motion to Intervene is denied.

IT IS FURTHER ORDERED that movant Allentown Women

Center’s Complaint in Intervention is dismissed.

BY THE COURT:

/s/ James Knoll Gardner 

James Knoll Gardner

United States District Judge

Case 2:04-cv-05306-JKG Document 235 Filed 07/12/07 Page 2 of 2
# C_2017221EN.01002201.xml

| 10.7.2017 | EN | Official Journal of the European Union | C 221/22 |
| --- | --- | --- | --- |

10.7.2017

EN

Official Journal of the European Union

C 221/22

---

Judgment of the General Court of 17 May 2017 — adp Gauselmann v EUIPO (MULTI FRUITS)

(Case T-355/16) (1)

1

((EU trade mark - Application for EU word mark MULTI FRUITS - Absolute grounds for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2017/C 221/29)

Language of the case: German

Parties

Parties

Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 April 2016 (Case R 1043/2015-5) concerning an application for registration of the word sign MULTI FRUITS as an EU trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders adp Gauselmann GmbH to pay the costs. |
| --- | --- |

2.

Orders adp Gauselmann GmbH to pay the costs.

---

(1)  OJ C 296, 16.8.2016.

1

---
No. 49565.

#### Protests 61469-K, etc., of Browne Vintners Co., Inc., et al. (Boston, etc.).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
IPAC Operational Metrics for April 2023

- Sheet1
No. 56294.

protest 174473-K (Philadelphia).

#### J. A. Marchant & Co., Inc. *v.*United States,

Opinion by

Cole, J.

It was stipulated that certain items of the merchandise consists of “antimony scrap of which metal is the component material of chief value and which is second hand and fit only to be remanufactured.” Upon the agreed statement of facts, it was held that the merchandise comes within the provisions of Public Law 869, *supra,*and is properly entitled to free entry.
COMPLETENESS CHECKLIST FOR SIP REVISION

California State Implementation Plan (SIP) 

San Diego County APCD 2012 Redesignation Request and Maintenance Plan

for the 1997 National Ozone Standard (Maintenance Plan)

Planning Area: San Diego County Federal Ozone Nonattainment Area

Title 40 CFR, Part 51, Appendix V –

Criteria for Determining the Completeness 

of Plan Submissions

Enclosed Notes

ADMINISTRATIVE MATERIALS

2.1(a) Submittal Letter from Governor's 

Designee X

See enclosed letter to

Mr. Jared Blumenfeld from

Mr. James N. Goldstene

2.1(b) Evidence of Adoption X

See District Resolution No. 12-175

and Minute Order No. 1

2.1(c) Legal Authority Citation X

See ARB Resolution 12-36 and 

District Resolution No. 12-175

2.1(d) Copy of :

a. Attainment Plan

b: Contingency Measures

See Maintenance Plan 

2.1(e) Evidence of Compliance with State's 

Procedural Requirements X

See ARB Resolution 12-36 and 

District Resolution No. 12-175

2.1(f) Evidence of Public Notice Consistent with 

40 CFR part 51.102 X

See District Notice of Public Meeting

and Proof of Publication

2.1(g) Certification of Public Hearing in 

Accordance with Notice

See District Minute Order No. 1

2.1(h) Compilation of Public Comments and 

Responses

No comments (see December 5, 2012 

email from R. Reider); District Board 

hearing minutes will be submitted when 

approved.

TECHNICAL SUPPORT MATERIALS

2.2(a) Identification of Regulated Pollutant See San Diego Maintenance Plan

2.2(b) Identification of Attainment Area/Status See San Diego Maintenance Plan

2.2(c) Estimate of Plan's Impact on Emissions See San Diego Maintenance Plan
2.2(d) Demonstration that Plan Approval/

Implementation Protects NAAQS See San Diego Maintenance Plan

2.2(e) Modeling Support See San Diego Maintenance Plan

2.2(f)- Compliance/Enforcement and 

2.2(i) Justification See San Diego Maintenance Plan

S:\San Diego\2012 Maintenance Plan\Submittal Package\6 - ARB SIP Completeness Checklist.doc
No. 56960.

#### Leather Exchange, Inc. *v.*United States,

protest 187387-K (New York).

Opinion by

Oliver, C. J.

An examination of the official papers failing to disclose any reason for disturbing the action of the collector, which was presumptively correct, the protest was overruled.
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 1 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 2 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 3 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 4 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 5 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 6 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 7 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 8 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 9 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 10 of 11
Case 2:05-cv-00417-MAM Document 238 Filed 08/12/09 Page 11 of 11
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

: CIVIL ACTION NOS.

:

WEYANT : 02-3886

GOODMAN : 02-3910

MARRA, et al. : 02-3913

FREDERICKSEN : 02-3948

FRANCIS : 02-3967

SPACCAMONTI : 02-3971

STETZENBACK : 02-3978

CLEMENT, et al. : 02-4031

CLEMENT, et al. : 02-4032

HARCOURT, et al. : 02-4128

WAGE, et al. : 02-4169

NUNNERY, et al. : 02-4173

JOHNSON, et al. : 02-4216

BLAIR, et al. : 02-4223

CASTO, et al. : 02-4228

ZAMBRANO, et al. : 02-4276

FOSS, et al. : 02-4286

BURKE-SHERMAN, et al. : 02-4366

:

VS. :

:

BAYER CORPORATION, et al. :

O R D E R

AND NOW, this day of July, 2002, the Court having been previously

advised that the above action cannot proceed to trial and disposition because of the following

reason:

[ ] - Order staying these proceedings pending disposition of a related

action.

[ ] - Order staying these proceedings pending determination of

arbitration proceedings.

[ ] - Interlocutory appeal filed.

[ X ] - Other: Case is placed into suspense pending receipt of the Case

Transfer Order from the Judicial Panel on Multi District Litigation

transferring the case to the District of Minnesota.

Case 2:02-cv-04366-RB Document 2 Filed 07/10/2002 Page 1 of 2
It is

ORDERED that the Clerk of Court mark this action closed for statistical purposes and

place the matter in the Civil Suspense File, and it is

FURTHER ORDERED that the Court shall retain jurisdiction; and that the case be

restored to the trial docket when the action is in a status so that it may proceed to final

disposition; this order shall not prejudice the rights of the parties to this litigation.

BY THE COURT:

________________________________________

Ronald L. Buckwalter, Judge

Case 2:02-cv-04366-RB Document 2 Filed 07/10/2002 Page 2 of 2
# C_2017283EN.01004502.xml

| 28.8.2017 | EN | Official Journal of the European Union | C 283/45 |
| --- | --- | --- | --- |

28.8.2017

EN

Official Journal of the European Union

C 283/45

---

Judgment of the General Court of 13 July 2017 — OZ v EIB

(Case T-607/16) (1)

1

((Civil service - EIB staff - Sexual harassment - Investigation procedure - Investigation Panel’s report - Decision of the President of the EIB not to act on the complaint - No unlawful conduct by the EIB - Liability))

(2017/C 283/69)

Language of the case: English

Parties

Parties

Applicant: OZ (represented by: B. Maréchal, lawyer)

Applicant:

Defendant: European Investment Bank (EIB) (represented by: T. Gilliams, E. Raimond and G. Faedo, acting as Agents, and by A. Dal Ferro, lawyer)

Defendant:

Re:

Re:

Application under Article 270 TFEU seeking, first, annulment of the report of the Investigation Panel of the EIB of 14 September 2015 and the decision of the President of the EIB of 16 October 2015 not to act on the complaint of sexual harassment filed by the applicant and, second, compensation for the damage which the applicant claims to have suffered following that report and that decision.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders OZ to pay the costs. |
| --- | --- |

2.

Orders OZ to pay the costs.

---

(1)  OJ C 335, 12.9.2016 (case initially registered before the European Union Civil Service Tribunal as Case F-37/16 and transferred to the General Court of the European Union on 1 September 2016).

1

---
Exhibit 32.1



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 Annual Report of Ardent Mines Limited(the "Company") on Form 10-KSB for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Taras Chebountchak,Chief Executive Officer and Chief Financial Officer 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated this 28th day of September, 2005.



| | /s/ Taras Chebountchak                             
| | ---------------------------------------------------
| | Taras Chebountchak                                 
| | Chief Executive Officer and Chief Financial Officer





















---
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

Ol.' : 2 2009 

Ms. Rebecca Morley 

National Center for Healthy Housing 

10320 Little Patuxent Parkway, Ste. 500 

Columbia, MD 21044 

Mr. Patrick MacRoy 

Alliance for Healthy Homes 

50 F St., NW, Ste. 300 

Washington, DC 20001 

Mr. Tom Neltner 

Sierra Club 

408 C St., NE 

Washington, DC 20002 

Dear Ms. Morley, Mr. MacRoy, and Mr. Neltner: 

OFFICE OF 

PREVENTION, PESTICIDES AND 

TOXIC SUBSTANCES 

On August 10, 2009, the Environmental Protection Agency (EPA or Agency) received 

your petition requesting that EPA take action to lower EPA's regulatory lead hazard standard 

for lead in dust and modify EPA's regulatory definition of lead-based paint. Your petition 

requested reliefunder Section 21 ofTSCA1 

or, if appropriate, under Section 553(e) 2 ofthe 

Administrative Procedures Act (AP A). 

Lead poisoning prevention is a priority for EPA. More recent epidemiological studies 

indicate that the current hazard standards may not be sufficiently protective. The Agency 

believes that its efforts should be based on current science. Thus, after careful consideration, 

EPA has decided to grant your request and intends to begin an appropriate proceeding. 

Although EPA has granted your request, the Agency is not committing to a specific rulemaking 

outcome - including the specific level of the lead-dust hazard standard - or to a certain date for 

promulgation of a final rule. EPA is granting this request under section 553( e) of the 

Administrative Procedures Act (AP A) after concluding that proceeding under Title IV of the 

Toxic Substances Control Act (TSCA) is more appropriate and that the request is outside the 

scope of Section 21 of TSCA. 

Additionally, because the Secretary of Housing and Urban Development (HUD) has the 

statutory authority to establish a lower level of lead in paint for purposes of the definition of 

lead-based paint in target housing, EPA will work with HUD on this aspect of your request. 

1

15 U.S.C. § 2620 1 5 U.S.C. § 553(e) 

lnternet.Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed with Vegetable 0 11 Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper 
Should HUD make revisions to the definition of lead-based paint in target housing, EPA 

intends to coordinate accordingly. It is, nonetheless, EPA's intention to initiate appropriate 

proceedings regarding the definition of lead-based paint in non-target housing. 

Thank you for your continued interest in the Agency's efforts to reduce lead exposures. 

If you have any questions relating to your petition, please contact Jacqueline Mosby of my staff 

at (202) 566-2228. 

·x:. Owens 

t Administrator
| (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:      November 10, 2008 | By:    | /s/ MARK      SCHAFTLEIN                                                             |
|------------------------------|--------|--------------------------------------------------------------------------------------|
|                         |   | Mark      SchaftleinPrincipal      Executive Officer and Principal Financial Officer |
|                         |   |                                                                                 |
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JANICE WONG and

FRANK WONG

:

:

: CIVIL ACTION NO. 02-CV-4278

Plaintiffs, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant GlaxoSmithKline PLC.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04278-WY Document 6 Filed 09/11/2002 Page 1 of 1
Before the Second Division,

April 30, 1968

No. P68/228.

protests 60/1399, etc. (New York).

#### I. B. Cohen & Sons Corp. et al. *v.*United States,

Bao, C. J.

In accordance with stipulation of counsel that the items of merchandise marked “A” covered by the foregoing protests consist *1039of battery-operated horns similar in all material respects to those the subject of *S. Hiller*& *Co. et al.*v. *United States*(59 Cust. Ct. 79, C.D. 3082), and iblnat the items of merchandise marked “C” covered by the foregoing protests consist of rubber bulb horns similar in all material respects to those the subject of *Sherwin*International, *Inc.*v. *United States*(54 Cust. Ct. 466, Abstract 69382), the claims of the plaintiffs were sustained.
IN THE UNITED STATES DISTRICT COURT

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

 

FELIX D. WHITTINGTON,

 Plaintiff,

 v.

DONALD VAUGHN, et al.,

 Defendants.

 CIVIL ACTION

 NO. 02-4346

O R D E R

AND NOW, this 23rd day of December, 2002, it is hereby ORDERED that the

attached letter shall be filed by the Clerk.

BY THE COURT:

___________________________________

MARVIN KATZ, S.J.

Case 2:02-cv-04346-MK Document 63 Filed 12/23/2002 Page 1 of 1