alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007199EN.01000202.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/2 |
| --- | --- | --- | --- |

25.8.2007

EN

Official Journal of the European Union

C 199/2

---

Judgment of the Court (Second Chamber) of 28 June 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-235/04) (1)

1

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection areas - IBA 98 - Value - Quality of the data - Criteria - Margin of discretion - Manifest inadequacy as to number and size of areas classified)

(2007/C 199/03)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek and G. Valero Jordana, acting as Agents)

Applicant:

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Failure to classify as special protection areas the areas most appropriate for conservation of the species listed in Annex I to the Directive and migratory species

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to classify as special protection areas for birds territories of adequate size in the Autonomous Communities of Andalusia, the Balearics and the Canaries, and territories of sufficient number in the Autonomous Communities of Andalusia, the Balearics, the Canaries, Castilla-La Mancha, Catalonia, Galicia and Valencia to provide protection for all the species of birds listed in Annex I to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended, inter alia, by Commission Directive 97/49/EC of 29 July 1997, and the migratory species not covered by that annex, the Kingdom of Spain has failed to fulfil its obligations under Article 4(1) and (2) of Directive 79/409, as amended; |
| --- | --- |

1.

Declares that, by failing to classify as special protection areas for birds territories of adequate size in the Autonomous Communities of Andalusia, the Balearics and the Canaries, and territories of sufficient number in the Autonomous Communities of Andalusia, the Balearics, the Canaries, Castilla-La Mancha, Catalonia, Galicia and Valencia to provide protection for all the species of birds listed in Annex I to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended, inter alia, by Commission Directive 97/49/EC of 29 July 1997, and the migratory species not covered by that annex, the Kingdom of Spain has failed to fulfil its obligations under Article 4(1) and (2) of Directive 79/409, as amended;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders the Kingdom of Spain to pay the costs. |
| --- | --- |

3.

Orders the Kingdom of Spain to pay the costs.

---

(1)  OJ C 201, 7.8.2004.

1

---
# C_2007170EN.01002401.xml

| 21.7.2007 | EN | Official Journal of the European Union | C 170/24 |
| --- | --- | --- | --- |

21.7.2007

EN

Official Journal of the European Union

C 170/24

---

Judgment of the Court of First Instance of 13 June 2007 — IVG Immobilien AG v OHIM (I)

(Case T-441/05) (1)

1

(Community trade mark - Figurative signs - Absolute grounds for refusal of registration - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 170/46)

Language of the case: German

Parties

Applicant: IVG Immobilien AG (Bonn, Germany) (represented by: A. Okonek and U. Karpenstein, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Defendant:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 September 2005 (Case R 559/2004-4) concerning an application for registration of the figurative sign I as a Community trade mark

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 September 2005 (Case R 559/2004-4); |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 September 2005 (Case R 559/2004-4);

| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by IVG Immobilien AG. |
| --- | --- |

2.

Orders OHIM to bear its own costs and to pay the costs incurred by IVG Immobilien AG.

---

(1)  OJ C 60, 11.3.2006.

1

---
No. 49789.

#### Protest 77641-K of R. & J. Dick, Inc. (New York).

Opinion by

Keeps, J.

In accordance with stipulation of counsel and on the authority of *United States*v. *United States Rubber Co.*(31 C. C. P. A. 174, C. A. D. 269) the merchandise was held entitled to free entry as claimed.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8832 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8832

To direct the Secretary of Health and Human Services to issue guidance 
   on payment under the Medicare program for certain items involving 
                        artificial intelligence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2024

  Mr. Schweikert (for himself and Mr. Hern) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, 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

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of Health and Human Services to issue guidance 
   on payment under the Medicare program for certain items involving 
                        artificial intelligence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maintaining Innovation and Safe 
Technologies Act''.

SEC. 2. GUIDANCE ON MEDICARE PAYMENT FOR CERTAIN ITEMS INVOLVING 
              ARTIFICIAL INTELLIGENCE.

    Not later than January 1, 2026, the Secretary of Health and Human 
Services shall use existing communications mechanisms to issue guidance 
on requirements for payment under part B of title XVIII of the Social 
Security Act (42 U.S.C. 1395j et seq.) for remote monitoring devices, 
such as continuous glucose monitors, that--
            (1) use an artificial intelligence component (such as a 
        continuous adjustment component); and
            (2) transmit information to a health care provider for 
        purposes of management and treatment of an individual.
                                 <all>
```
**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 on Form 10-Q of The First Marblehead Corporation (the “Company”) for the quarter ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kenneth Klipper, Managing Director, Chief Financial Officer, Treasurer and Chief Accounting Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

(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.

 
| Dated:   February 9, 2011 | /s/   KENNETH KLIPPER                         |
|--------------------------------|-----------------------------------------------|
|                           |                                          |
|                           | Kenneth   Klipper                             |
| * *                       | *Managing Director, Chief Financial Officer,* |
|                           | *Treasurer and Chief Accounting Officer*      |

 

*A signed original of this written statement required by Section 906 has been provided to The First Marblehead Corporation and will be retained by The First Marblehead Corporation and furnished to the SEC or its staff upon request.*

 

----
----

***FLINT      RIVER BANCSHARES, INC.***

***Certification      Pursuant to 18 U.S.C. Section 1350***

***For      the Nine Months Ended September 30, 2005***

**Exhibit      32.2 **

----

|   | (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 operation of the                Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                Jane W. Timmons     |   |
|----------------------------------------|--------|
| Jane                W. Timmons         |   |
| Chief                Financial Officer |   |

----
No. 44126.

#### Protests 954382-G, etc., of Eimer & Amend (New York).

*283Opinion by

Tilson, J.

The merchandise consisted of tiny glass balls about the size of a buckshot. From the testimony it was found that it is not scientific, chemical, or laboratory glassware as classified by the collector, apparently in view of *United States*v. *Boker,*90 Fed. 804. The claim at SO percent under paragraph 230 (d) as manufactures of glass, not specially provided for, was therefore sustained. *United States*v. *Harding Co.*(21 C. C. P. A. 307, T. D. 46830), *Lassky*v. *United States*(id. 201, T. D. 46727), and *United States*v. *Embossing Co.*(3 Ct. Cust. Appl. 220, T. D. 32536) followed.
**Exhibit 32.1**

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

I, Peyton R. Patterson, Chairman of the Board, President and Chief Executive Officer hereby certify that NewAlliance Bancshares, Inc.’s quarterly report on Form 10-Q for the quarter ended March 31, 2006 fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 and that the information contained therein fairly presents, in all material respects, the financial condition and results of operations of NewAlliance Bancshares, Inc.

|              |   | / s / Peyton R. Patterson            |
|-------------------|--------|--------------------------------------|
|              |   |                                      |
|              |   | Peyton R. Patterson                  |
|              |   | Chairman of the Board, President and |
|              |   | Chief Executive Officer              |
|              |   |                                 |
| Date: May 5, 2006 |   |                                 |

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.

Note: A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to NewAlliance Bancshares, Inc. and will be retained by NewAlliance Bancshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 33.1




REPORT ON ASSESSMENT OF COMPLIANCE WITH SERVICING CRITERIA


FOR ASSET-BACKED SECURITIES






Entergy Arkansas, Inc. (the “Servicer”), as a party participating in the servicing function under Item 1122 of Regulation AB, hereby reports on its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB, as follows:




(1) The Servicer is responsible for assessing compliance with the servicing criteria applicable to it. The servicing criteria specified in the following paragraphs of paragraph (d) of Item 1122 of Regulation AB are not applicable to the Servicer based on the activities it performs with respect to asset-backed securities transactions taken as a whole involving the Servicer and that are backed by the same asset type backing the Senior Secured Storm Recovery Bonds: (1)(ii) (outsourcing), (1)(iii) (back-up servicing), (1)(iv) (fidelity bond), 2(iii) (advances or guarantees), (2)(vi) (unissued checks), (4)(iii) (additions, removals or substitutions), 4(v) (records regarding pool assets), (4)(ix) (adjustments to interest rates), (4)(x) (funds held in trust for an obligor), (4)(xi) (payments on behalf of obligors), (4)(xii) (late payment penalties), (4)(xiii) (obligor disbursements), (4)(xv) (external credit enhancement);




(2) The Servicer used the criteria in paragraph (d) of Item 1122 of Regulation AB to assess compliance with the applicable servicing criteria;




(3) The Servicer has determined that it is in compliance with the applicable servicing criteria as of and for the year ending December 31, 2013, which is the period covered by this report on Form 10-K; and




(4) Deloitte & Touche LLP, an independent registered public accounting firm, has issued an attestation report on the Servicer's assessment of compliance with the applicable servicing criteria as of and for the year ended December 31, 2013, which is the period covered by this report on Form 10-K.






Dated: March 28, 2014




Entergy Arkansas, Inc., as servicer




By:/s/ Alyson M. Mount




Name:  Alyson M. Mount


Title:   Senior Vice President and Chief Accounting Officer
|   | (1) | The      Report fully complies, in all material respects, 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:      August 9, 2010 | By:                | /s/ Tianfu Yang |
|---------------------------|------------------------------|----------------------|
|                      | Tianfu      Yang             |
|                      | Chief      Executive Officer |
|                      |                         |
| Date:      August 9, 2010 | By:                | /s/ Zedong Xu   |
|                      | Zedong      Xu               |
|                      | Chief      Financial Officer |

----
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

RONALD D. LEONARD, et al.,

Plaintiffs,

v. Case No. 2:10-CV-347

JUDGE MARBLEY

ERNIE MOORE, et al., MAGISTRATE JUDGE KING

Defendants.

______________________________________________________________________

RONALD D. LEONARD,

Plaintiff,

v. Case No. 2:10-CV-951

JUDGE MARBLEY

ERNIE MOORE, et al., MAGISTRATE JUDGE KING

Defendants.

ORDER

 On November 16, 2012, the United States Magistrate Judge issued a

Report and Recommendation recommending that defendants’ motion for

summary judgment be granted and this action be dismissed. The parties

were specifically advised of their right to object to the Report and

Recommendation and of the consequences of their failure to do so. 

There has nevertheless been no objection to the Report and

Recommendation.

The Report and Recommendation is hereby ADOPTED and AFFIRMED. 

The defendants’ motion for summary judgment is GRANTED. These actions

are hereby DISMISSED.

IT IS SO ORDERED.

 s/Algenon L. Marbley 

Algenon L. Marbley

U. S. District Court Judge

DATED: December 11, 2012

Case: 2:10-cv-00951-ALM-NMK Doc #: 68 Filed: 12/11/12 Page: 1 of 1 PAGEID #: <pageID>
#### PETER G. SABONJOHN, *ET ALS.,*PLAINTIFFS-RESPONDENTS, v. FORD MOTOR CO., *ETC.,*DEFENDANT-PETITIONER AND BERRY MOTORS, INC., *ETC.,*DEFENDANT-RESPONDENT.

*Messrs. Schneider & Morgan*and *Mr. Walter E. Monaghan*for the petitioner.

*Mr. William W. Wimmer, Mr. Leo Brauer*and *Mr. Joseph V. CuMum*for the respondent.

January 29, 1968.

Denied.
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 Fortegra Financial Corporation on Form 10-K, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacity and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that to his knowledge:





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 operation of Fortegra Financial Corporation





Date: March 15, 2011By:/s/ Richard S. KahlbaughRichard S. KahlbaughChairman, President and Chief Executive OfficerDate: March 15, 2011By:/s/ Walter P. MascherinWalter P. MascherinChief Financial Officer








The forgoing certifications are being furnished solely pursuant to Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code in accordance with Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section, and shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934.





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2007203EN.01001401.xml

| 31.8.2007 | EN | Official Journal of the European Union | C 203/14 |
| --- | --- | --- | --- |

31.8.2007

EN

Official Journal of the European Union

C 203/14

---

Recruitment notice PE/110/S

(2007/C 203/05)

The European Parliament is organising the following selection procedure:

PE/110/S — Temporary staff — Assistant (AST2) — Photographer.

PE/110/S

This selection procedure requires a level of post-secondary education of at least two years attested by a diploma in the field of photography

or

a level of secondary education attested by a diploma giving access to post-secondary education followed by appropriate professional experience of at least three years in a field relevant to the job description.

By the closing date for applications candidates must, after obtaining the qualifications mentioned, have acquired at least three years' experience in a field relevant to the job description.

This recruitment notice is published only in English, French and German. The full text is in Official Journal C 203 A in the three languages.

---
#### The People *v.*Michael Treanor and Jas. Rowan.

Motion to vacate judgment entered on forfeited recognizance.

The judgment entered on the forfeited recognizance in this case should be vacated and cancelled, as it appears the people lost no rights by reason of the first failure of the principal to appear, he subsequently having appeared and pleaded guilty and was fined, which he paid.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 41028

UNITED STATES OF AMERICA , Plaintiff

- Appellee
v. FABIAN LOPEZ

- RAMIREZ, also known as Neftali Zuniga

- Diaz , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas U S D C No. 2:13

- CR

- 423

- 1

Before DAVIS, WIENER, and HAYNES, Circuit Judges

. PER CURIAM: * Defendant

- Appellant Fabian Lopez

- Ramirez appeals the district court’s written judgment to the extent it is in conflict with the district judge ’s oral pronouncement

. At sentencing, the district judge stated that Lopez

- Ramirez must “advise any law enforcement officer stopping [him] that [he is] on supervision for illegal reentry.” However, t he special conditions section of the written judgment provides that “upon contact with law enforcement, [Lopez

- Ramirez] shall

* 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 December 4, 2014 Lyle W. Cayce Clerk Case: 13-41028 Document: 00512857799 Page: 1 Date Filed: 12/04/2014No. 13

- 41028 inform [the officer(s)] that he is an undocumented alien who is on supervised release.” Lopez

- Ramirez argues that the written req uirement that he identify himself as an “undocumented alien” is more onerous than the oral condition and violates the Fifth Amendment

. The government argues that , to the extent the conditions conflict, the written condition is narrower and less burdensome than the oral cond ition. Without reaching Lopez

- Ramirez’s constitutional argument, we conclude that the written judgment does not mirror the oral pronouncement

. Accordingly, we remand the case so that the district court may conform the written judgment t o the oral pronouncement of the special condition of supervised release. See United States v. Torres

- Aguilar , 352 F.3d 934, 935 (5th Cir. 2003) (per curiam) (“‘[W] hen there is a conflict between a written sentence and an oral pronouncement, the oral prono uncement controls. ’ ” (quoting United States v. Martinez , 250 F.3d 941, 942 (5th Cir. 2001) ))

. REMANDED FOR CONFORMANCE OF WRITTEN JUDGMENT.

2 Case: 13-41028 Document: 00512857799 Page: 2 Date Filed: 12/04/2014