alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-31129 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus NORMAN DALE SHANAHAN, Defendant-Appellant. * * * * * * * * * * CONSOLIDATED WITH No. 98-31139 * * * * * * * * * * UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PATRICIA ANN SHANAHAN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 97-CR-289-2-R

- - - - - - - - - - July 29, 1999 Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges. PER CURIAM: * Norman Dale Shanahan and Patricia Ann Shanahan entered a conditional guilty plea to possession of methamphetamines withNo. 98-31129 c/w 98-31139 -2- the intent to distribute. They contend on direct appeal that the

district court erred in refusing to suppress evidence found by and statements made to the police during a search of their home. In reviewing a district court’s ruling on a motion to suppress based on live testimony at a suppression hearing, this court must accept the district court’s findings of fact unless they are clearly erroneous or influenced by an incorrect view of the law. United States v. Foy , 28 F.3d 464, 474 (5th Cir. 1994). Voluntariness of consent to enter a residence or make a search “is ‘a question of fact to be determined from the totality of all the circumstances.’” United States v. Kelley , 981 F.2d 1464, 1470 (5th Cir. 1993)(citation omitted). Whether an interrogation is custodial, requiring that the detainee be given warnings under Miranda v. Arizona , 384 U.S. 436 (1966), is a legal question subject to de novo review. See United States v. Paul , 142 F.3d 836, 843 (5th Cir.), cert. denied , 119 S. Ct. 271 (1998), petition for cert. filed (U.S. Feb. 5, 1999)(No. 98-9429). The district court’s findings regarding whether the entry of the police into the Shanahans’ home was voluntarily permitted was not clearly erroneous. Likewise, the district court’sdetermination that the Shanahans voluntarily signed the consentto-search form was not clearly erroneous under the six-factor test of Kelley , 981 F.2d at 1470. A de novo review of whether the Shanahans were in custody at the time they made their incriminating statements shows that the Shanahans were not in custody under the four-factor test of United States v.No. 98-31129 c/w 98-31139 -3- Bengivenga , 845 F.2d 593, 598-600 (5th Cir. 1988)(en banc). Therefore, the refusal of the district court to suppress the evidence seized at the Shanahans’ home and the inculpatory statements made by the Shanahans during the search is AFFIRMED.
# C_2017063EN.01000301.xml

| 27.2.2017 | EN | Official Journal of the European Union | C 63/3 |
| --- | --- | --- | --- |

27.2.2017

EN

Official Journal of the European Union

C 63/3

---

Judgment of the Court (Tenth Chamber) of 12 January 2017 — Timab Industries, Cie financière et de participations Roullier (CFPR) v European Commission

(Case C-411/15 P) (1)

1

((Appeal - Agreements, decisions and concerted practices - European market for animal feed phosphates - Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information - Appellants’ withdrawal from the settlement procedure - Unlimited jurisdiction - Protection of legitimate expectations and of equal treatment - Reasonable length of proceedings))

(2017/C 063/04)

Language of the case: French

Parties

Parties

Appellants: Timab Industries, Cie financière et de participations Roullier (CFPR) (represented by: N. Lenoir, avocate)

Appellants:

Other party to the proceedings: European Commission (represented by: C. Giolito and B. Mongin, acting as Agents, and by N. Coutrelis, avocate)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal. |
| --- | --- |

1.

Dismisses the appeal.

| 2. | Orders Timab Industries and Cie financière et de participations Roullier (CFPR) to pay the costs. |
| --- | --- |

2.

Orders Timab Industries and Cie financière et de participations Roullier (CFPR) to pay the costs.

---

(1)  OJ C 320, 28.9.2015.

1

---
Opinion issued July 14, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-16-00078-CV

———————————

CELIA JOHNSON, Appellant

V.

CARLA CASILLAS, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Case No. 1071118

MEMORANDUM OPINION

Appellant, Celia Johnson, has neither paid the required fees nor established 

indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also

TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041 (West Supp. 2015); 

Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and 
2

Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158

(Tex. Aug. 28, 2015). Further, appellant has not paid or made arrangements to pay 

the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being 

notified that this appeal was subject to dismissal, appellant did not adequately 

respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal).

We dismiss the appeal for want of prosecution. We dismiss all pending 

motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.
[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19469-19470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7379]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040607D]


Marine Mammals; File No. 555-1870

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of permit.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that James T. Harvey, Ph.D., Moss 
Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 
has been issued a permit to conduct scientific research on harbor seals 
(Phoca vitulina richardsi).

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment in the following office(s):
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)427-2521;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426;
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018.

FOR FURTHER INFORMATION CONTACT: Amy Sloan or Jaclyn Daly, (301)713-
2289.

SUPPLEMENTARY INFORMATION: On December 29, 2006, notice was published 
in the Federal Register (71 FR 78407) that a request for a scientific 
research permit to take harbor seals had been submitted by the above-
named individual. The requested permit has been issued under the 
authority of the Marine Mammal Protection Act of 1972, as amended (16 
U.S.C. 1361 et seq.) and the regulations governing the taking and 
importing of marine mammals (50 CFR part 216).
    The permit authorizes researchers to examine the biology and 
ecology and monitor health and condition of coastal populations of 
harbor seals in California, Oregon, Washington, and southeast Alaska 
over a 5-year period. Up to 670 harbor seals may be captured annually 
throughout the action area. An additional 2,910 individuals may be 
taken annually by harassment incidental to captures, scat collection, 
exposure to playback of vocalizations, and experimental disturbance 
activities. Up to 2 seal mortalities per year are authorized.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a final determination has been made that the 
activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.


[[Page 19470]]


    Dated: April 10, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-7379 Filed 4-17-07; 8:45 am]
BILLING CODE 3510-22-S
<TABLE> <S> <C>



<ARTICLE> UT
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,947,254
<OTHER-PROPERTY-AND-INVEST>                     70,443
<TOTAL-CURRENT-ASSETS>                         213,820
<TOTAL-DEFERRED-CHARGES>                       291,340
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               2,522,857
<COMMON>                                       638,908
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                          (494,106)
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 144,802
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                         1,192,025
<SHORT-TERM-NOTES>                               3,567
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    1,635
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                    892,570
<LEASES-CURRENT>                                15,833
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 272,425
<TOT-CAPITALIZATION-AND-LIAB>                2,522,857
<GROSS-OPERATING-REVENUE>                      154,281
<INCOME-TAX-EXPENSE>                           (2,348)
<OTHER-OPERATING-EXPENSES>                     135,839
<TOTAL-OPERATING-EXPENSES>                     133,491
<OPERATING-INCOME-LOSS>                         20,790
<OTHER-INCOME-NET>                              15,304
<INCOME-BEFORE-INTEREST-EXPEN>                  36,094
<TOTAL-INTEREST-EXPENSE>                        24,602
<NET-INCOME>                                    11,492
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                   11,492
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                          26,977
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                     0.36
        


</TABLE>
No. 55450.

#### Buegeleisen & Jacobson, Inc., et al. *v.*United States,

protests 165766-K, etc. (New York).

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the -court dismissed the protests.
# Official Journal C 266/13 A

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 266 |
| | |
| English edition | Information and Notices | Volume 5713 August 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 266

English edition

Information and Notices

Volume 5713 August 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2014/C 266/01 | Six-monthly progress report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2014/I) | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2014/C 266/01

Six-monthly progress report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2014/I)

1

---

| EN | |
| --- | --- |

EN
No. 47556.

#### Protests 813046-G/85384, etc., of G. W. Sheldon & Co. et al. (Chicago, etc.).

Opinion' by

Keefe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
# C_2021320EN.01004701.xml

| 9.8.2021 | EN | Official Journal of the European Union | C 320/47 |
| --- | --- | --- | --- |

9.8.2021

EN

Official Journal of the European Union

C 320/47

---

Action brought on 15 June 2021 — Mendus v EUIPO (CENSOR.NET)

(Case T-336/21)

(2021/C 320/53)

Language of the case: English

Parties

Applicant: Iaroslav Mendus (Kiev, Ukraine) (represented by: P. Kurcman, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union word mark CENSOR.NET — Application for registration No 17 975 929

Contested decision: Decision of the First Board of Appeal of EUIPO of 16 April 2021 in Case R 1225/2020-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in respect of services for which registration has been refused; |
| --- | --- |

—

annul the contested decision in respect of services for which registration has been refused;

| — | annul the decision of Operations Division dated 17 April 2020 in application procedure No 17 975 929 in respect of services for which registration has been refused; |
| --- | --- |

—

annul the decision of Operations Division dated 17 April 2020 in application procedure No 17 975 929 in respect of services for which registration has been refused;

| — | refer the case back to EUIPO so it can amend the decision on the substance of the case and register European Union trade mark No 17 975 929 in respect of all the services covered; |
| --- | --- |

—

refer the case back to EUIPO so it can amend the decision on the substance of the case and register European Union trade mark No 17 975 929 in respect of all the services covered;

| — | charge EUIPO with the costs of the proceedings before the Operations Division, Board of Appeal and General Court. |
| --- | --- |

—

charge EUIPO with the costs of the proceedings before the Operations Division, Board of Appeal and General Court.

Plea in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
CERTIFICATION
Pursuant to Section 302 of the Sarbanes-Oxley Act
  1.
    
    I have reviewed the quarterly report on Form 10-Q for the quarter ended September 30, 2008,
of Tucson Electric Power Company;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in which
this report is being prepared;b.
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andc.
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    all significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb.
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date:      November 7, 2008
    James S. PignatelliJames S. PignatelliChairman, President, and Chief Executive Officer
No. 52755.

protest 95774-K (New York).

#### Syndicate Alliance Trading Co., Inc. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on entries 816943 and 820802. The protest was sustained to this extent.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. 2:13-cr-266

 

Fredy Centeno-Guerra

ORDER

There being no objections, the court hereby adopts the Report

and Recommendation of the magistrate judge (Doc. 30) that the

defendant’s guilty plea be accepted. The court accepts the

defendant’s plea of guilty to Count 1 of the indictment, and he is

hereby adjudged guilty on that count. The court will defer the

decision of whether to accept the plea agreement until the

sentencing hearing.

Date: May 21, 2014 s\James L. Graham 

 James L. Graham

 United States District Judge

Case: 2:13-cr-00266-JLG Doc #: 32 Filed: 05/21/14 Page: 1 of 1 PAGEID #: <pageID>
# Official Journal L 116/4 Ma

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 116 |
| | |
| English edition | Legislation | Volume 484 May 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 116

English edition

Legislation

Volume 484 May 2005

---

| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 18 February 2004 on restructuring aid implemented by Germany for Bankgesellschaft Berlin AG
  (notified under document number C(2004) 327)

   (1) | 1 |
| | * | Commission Decision of 14 July 2004 on the State aid implemented by Germany for MobilCom AG
  (notified under document number C(2004) 2641)

   (1) | 55 |

Contents

II   Acts whose publication is not obligatory

page

Commission

*

Commission Decision of 18 February 2004 on restructuring aid implemented by Germany for Bankgesellschaft Berlin AG
  (notified under document number C(2004) 327)

   (1)

(notified under document number C(2004) 327)

1

*

Commission Decision of 14 July 2004 on the State aid implemented by Germany for MobilCom AG
  (notified under document number C(2004) 2641)

   (1)

(notified under document number C(2004) 2641)

55

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| 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.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 343 Agreed to Senate (ATS)]

109th CONGRESS
  1st Session
S. RES. 343

 Expressing the sense of the Senate that the week of December 19, 2005 
           should be designated ``Thank Our Defenders Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

 Mr. Sessions submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the Senate that the week of December 19, 2005 
           should be designated ``Thank Our Defenders Week''.

Whereas, ever since our Nation was founded, the members of our military, 
        soldiers, sailors, airmen, marines, Coast Guard personnel, active duty, 
        Guard, and reserve, have played a critical role protecting America's 
        vital interests and spreading peace throughout the world;
Whereas more than 193,000 troops in the Persian Gulf region are courageously 
        fighting insurgents and helping to establish democracies in Iraq and 
        Afghanistan;
Whereas 19,000 servicemen and servicewomen are stationed in Afghanistan, 
        fighting Al-Qaeda and providing security for the people of that 
        fledgling nation;
Whereas over 30,000 troops are protecting American interests and maintaining 
        peace on the Korean peninsula;
Whereas, in total, nearly 300,000 brave men and women are actively serving on 
        the soil of 120 foreign countries and on the high seas, fighting 
        terrorists and making sacrifices for American citizens and families; and
Whereas, thanks to their tireless efforts, a brutal dictatorship in Iraq and an 
        oppressive regime in Afghanistan have given way to emerging democratic 
        societies: Now, therefore, be it
    Resolved, That with gratitude it is the sense of the Senate that 
the week of December 19, 2005 should be designated ``Thank Our 
Defenders Week.''
                                 <all>
```