alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee v ROBERT D. GAUTHIER, Quartermaster Seaman Recruit, U. S. Navy, Appellant

19 USCMA 482, 42 CMR 84

No. 22,748

June 5, 1970

*Lieutenant Allen D. Black,*JAGC, USNR, was on the pleadings for Appellant, Accused.

*Lieutenant Colonel Charles J. Keever,*USMC, and *Lieutenant Robert D. Zsalman,*JAGC, USNR, were on the pleadings for Appellee, United States.

Opinion of the Court

Darden, Judge:

The appellant has been convicted by special court-martial of three unauthorized absences and two instances of larceny, in violation of Articles 86 and 121, Uniform Code of Military Justice, 10 USC §§ 886 and 921. Each of these offenses was committed before August 1, 1969, the effective date of the Manual for Courts-Martial, United States, 1969 (Revised edition). Entry for sentencing purposes of a record showing a series of six Article 15 punishments was therefore in error. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).

Considering the existence of two previous convictions and that Gauthier was given a sentence less than the maximum in a pretrial agreement, we are satisfied he was not harmed by the wrongful introduction of the Article 15 punishment. Accordingly, the decision of the Court of Military Review is affirmed.

Chief Judge Quinn concurs.

Ferguson, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AND INCOME STATEMENT OF TYCO INTERNATIONAL LTD. AS OF AND FOR THE QUARTER
ENDED SEPTEMBER 30, 1995 AND IS QUALIFED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                          57,058
<SECURITIES>                                         0
<RECEIVABLES>                                  582,991
<ALLOWANCES>                                    31,343
<INVENTORY>                                    612,503
<CURRENT-ASSETS>                             1,524,077
<PP&E>                                       1,199,157
<DEPRECIATION>                               (533,459)
<TOTAL-ASSETS>                               3,479,710
<CURRENT-LIABILITIES>                        1,118,311
<BONDS>                                        507,312
<COMMON>                                        38,190
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   1,652,430
<TOTAL-LIABILITY-AND-EQUITY>                 3,479,710
<SALES>                                      1,216,202
<TOTAL-REVENUES>                             1,216,202
<CGS>                                          895,928
<TOTAL-COSTS>                                  895,928
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,714
<INTEREST-EXPENSE>                              15,423
<INCOME-PRETAX>                                112,247
<INCOME-TAX>                                    46,583
<INCOME-CONTINUING>                             65,664
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    65,664
<EPS-PRIMARY>                                     0.43
<EPS-DILUTED>                                     0.43
        

</TABLE>
IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 128 

Authorizing the printing of a commemorative document in memory of the 

late President of the United States, Gerald Rudolph Ford. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2007 

Mr. EHLERS submitted the following concurrent resolution; which was referred 

to the Committee on House Administration 

CONCURRENT RESOLUTION 

Authorizing the printing of a commemorative document in 

memory of the late President of the United States, Gerald Rudolph Ford. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. COMMEMORATIVE DOCUMENT AUTHORIZED. 

4 (a) IN GENERAL.—A commemorative document in 

5 memory of the late President of the United States, Gerald 

6 Rudolph Ford, shall be printed as a House document, with 

7 illustrations and suitable binding, under the direction of 

8 the Joint Committee on Printing. 

9 (b) CONTENTS.—The document shall consist of the 

10 eulogies and encomiums for Gerald Rudolph Ford, as exVerDate Aug 31 2005 04:17 Apr 26, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HC128.IH HC128

hmoore on PRODPC68 with HMBILLS
2 

•HCON 128 IH 

1 pressed in the Senate and the House of Representatives, 

2 together with the texts of each of the following: 

3 (1) The funeral ceremony at Palm Desert, Cali4 fornia. 

5 (2) The state funeral ceremony at the rotunda 

6 of the United States Capitol. 

7 (3) The national funeral service held at the 

8 Washington National Cathedral in the District of 

9 Columbia. 

10 (4) The interment ceremony at the Gerald Ford 

11 Presidential Museum, Grand Rapids, Michigan. 

12 SEC. 2. PRINTING OF DOCUMENT. 

13 In addition to the usual number of copies printed of 

14 the commemorative document under section 1, there shall 

15 be printed the lesser of— 

16 (1) 32,500 copies, of which 22,150 copies shall 

17 be for the use of the House of Representatives and 

18 10,350 copies shall be for the use of the Senate; or 

19 (2) such number of copies that does not exceed 

20 a production and printing cost of $600,000, with 

21 distribution of the copies to be allocated in the same 

22 proportion as described in paragraph (1). 

Æ 


hmoore on PRODPC68 with HMBILLS
----

            COMMISSION REGULATION (EC) No 957/2004

of 10 May 2004         

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 May 2004 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of June 2004 for 10 468,811 t.

Article 2

This Regulation shall enter into force on 11 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Agriculture Director-General

----

(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2)OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 649/2003 (OJ L 95, 11.4.2003, p. 13).

----
June 14, 2012



### JUDGMENT 

## The Fourteenth Court of Appeals
CUSTOM TRANSIT, L.P. , RICHWAY CARTAGE, INC., AND C USTOM

OPERATIONS, LLC , Appellant s NO. 14

- 10

- 00936

- CV V.

FLATROLLED STEEL, IN C. , Appellee

____________________ This cause, an appeal from the judgmen t in favor of appellee, FLATROLLED STEEL, INC. , signed July 9, 2010, was heard on the transcript of the record. We have inspected the record and find t he trial court erred

. We therefore REVERSE the trial court’s judgment insofar as it awards actual damages for negligence, exemplary damages, pre
- judgment interest, post

- judgment interest, and taxable costs against RICHWAY CARTAGE, INC. and RENDER judgment that FLATROLLED STEEL, INC. take nothi ng as to RICHWAY CARTAGE, INC. Further , we find no error in the remainder of the judgment and order it AFFIRMED

. Each party shall be responsible for their own costs incurred because of this appeal. We further order this decision certified below for observance.
# C_2017239EN.01000501.xml

| 24.7.2017 | EN | Official Journal of the European Union | C 239/5 |
| --- | --- | --- | --- |

24.7.2017

EN

Official Journal of the European Union

C 239/5

---

Judgment of the Court (Fifth Chamber) of 11 May 2017 — Yoshida Metal Industry Co. Ltd v European Union Intellectual Property Office (EUIPO), Pi-Design AG, Bodum France SAS, Bodum Logistics A/S

(Case C-421/15 P) (1)

1

((Appeal - EU trade mark - Registration of signs consisting of a surface with black dots - Declaration of invalidity - Regulation (EC) No 40/94 - Article 7(1)(e)(ii) - Article 51(3)))

(2017/C 239/06)

Language of the case: English

Parties

Parties

Appellant: Yoshida Metal Industry Co. Ltd (represented by: J. Cohen, Solicitor, T. St Quintin, Barrister, and G. Hobbs QC)

Appellant:

Other parties to the proceedings: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, D. Gaja and J. Crespo Carrillo, acting as Agents), Pi-Design AG (Triengen, Switzerland), Bodum France SAS (Neuilly sur Seine, France), Bodum Logistics A/S (Billund, Denmark) (represented by: H. Pernez, avocate, and R. Löhr, Rechtsanwalt)

Other parties 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 Yoshida Metal Industry Co. Ltd to pay the costs. |
| --- | --- |

2.

Orders Yoshida Metal Industry Co. Ltd to pay the costs.

---

(1)  OJ C 389, 23.11.2015.

1

---
**Exhibit        31. Certification of Chief Executive Officer pursuant to Section 302 of the        Sarbanes-Oxley Act of 2002**

|                                        |                                                                                 |                                         |
|---------------------------------------------|--------------------------------------------------------------------------------------|----------------------------------------------|
|                                        | **UNITED                MORTGAGE TRUST**                                             |
|                                   |                                                                            |                                    |
| Date: November                14, 2006 | By:                                                                        | /s/ Christine                A. Griffin |
|                                        | Christine A. Griffin                                                                 |
|                                        | *President                and                Chief Executive                Officer* |
EXHIBIT 32.2

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                          AS ADOPTED BY SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002



I, James H. Perry, as Chief Financial Officer of United Industrial Corporation
(the "Company") certify, pursuant to 18 U.S.C. Section 1350, as adopted by
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

           a. the accompanying Form 10-Q report for the period ended September
30, 2003 as filed with the U.S. Securities and Exchange Commission (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

           b. the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date:      November 13, 2003                        /s/ James H. Perry
           -----------------                        ----------------------------
                                                    James H. Perry
                                                    Chief Financial Officer





                                       45
# C_2016136EN.01000202.xml

| 18.4.2016 | EN | Official Journal of the European Union | C 136/2 |
| --- | --- | --- | --- |

18.4.2016

EN

Official Journal of the European Union

C 136/2

---

Order of the Court (Ninth Chamber) of 21 January 2016 — Internationaler Hilfsfonds eV v European Commission

(Case C-103/15 P) (1)

1

((Appeal - Access to EU institution documents - Actions in areas interesting developing countries - Refusal to grant access to certain documents of the file concerning contract ‘LIEN 97-2011’ - Execution of a judgment of the General Court))

(2016/C 136/03)

Language of the case: German

Parties

Parties

Appellant: Internationaler Hilfsfonds eV (represented by: H.-H. Heyland, Rechtsanwalt)

Appellant:

Other party to the proceedings: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Other party to the proceedings:

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Internationaler Hilfsfonds eV shall pay the costs. |
| --- | --- |

2.

Internationaler Hilfsfonds eV shall pay the costs.

---

(1)  OJ C 302, 14.9.2015.

1

---
# C_2015302EN.01002601.xml

| 14.9.2015 | EN | Official Journal of the European Union | C 302/26 |
| --- | --- | --- | --- |

14.9.2015

EN

Official Journal of the European Union

C 302/26

---

Request for a preliminary ruling from the Audiencia Provincial de Zamora (Spain) lodged on 17 July 2015 — Javier Ángel Rodríguez Sánchez v Caja España de Inversiones, Salamanca y Soria, S.A.U. (Banco CEISS)

(Case C-381/15)

(2015/C 302/33)

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Zamora

Parties to the main proceedings

Parties to the main proceedings

Applicant: Javier Ángel Rodríguez Sánchez

Applicant:

Defendant: Caja España de Inversiones, Salamanca y Soria, S.A.U. (Banco CEISS)

Defendant:

Questions referred

Questions referred

| 1) | Is a situation where a declaration that a floor clause in a mortgage loan contract is unfair and therefore void takes effect, not from the date of the conclusion of the contract, but from a later date contrary to Article 6(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts? |
| --- | --- |

1)

Is a situation where a declaration that a floor clause in a mortgage loan contract is unfair and therefore void takes effect, not from the date of the conclusion of the contract, but from a later date contrary to Article 6(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts?

1

| 2) | Does the application of the unfair term for the period of time laid down by the Spanish Tribunal Supremo give rise to unjust enrichment for the professional contractor, not allowed by the Community legislation in so far as it does not restore a balance between the parties and benefits the party to the contract who imposed the financial term held to be unfair? |
| --- | --- |

2)

Does the application of the unfair term for the period of time laid down by the Spanish Tribunal Supremo give rise to unjust enrichment for the professional contractor, not allowed by the Community legislation in so far as it does not restore a balance between the parties and benefits the party to the contract who imposed the financial term held to be unfair?

| 3) | Is the criterion of the risk of severe disruptions to the national economy, to be met for limiting the application and effects of an unfair term, applicable to an individual action brought by a consumer or, on the contrary, in that individual action, does the criterion of risk of serious disruption refer to that caused to the financial position of the consumer as a result of the limitation of the effects of the term declared void to the period specified? |
| --- | --- |

3)

Is the criterion of the risk of severe disruptions to the national economy, to be met for limiting the application and effects of an unfair term, applicable to an individual action brought by a consumer or, on the contrary, in that individual action, does the criterion of risk of serious disruption refer to that caused to the financial position of the consumer as a result of the limitation of the effects of the term declared void to the period specified?

---

(1)  OJ 1993 L 95, p. 29.

1

---
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of May 1, 2016,by and among Morgan Stanley Capital I Inc., as Depositor, Wells Fargo Bank,National Association, as Master Servicer, Rialto Capital Advisors, LLC asSpecial Servicer, Wells Fargo Bank, National Association, as CertificateAdministrator, Wilmington Trust, National Association, as Trustee and ParkBridge Lender Services LLC, as Operating Advisor and Asset RepresentationsReviewer with respect to Commercial Mortgage Pass-Through Certificates Series2016-C29 (the "Agreement"). Capitalized terms used herein nototherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section11.09 of the Agreement, I, Leslie Hayton, Managing Director of CommercialMortgage Services do hereby certify that:

 

1.           A review of the activities of the Master Servicer during the period fromJanuary 1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.           To the best of my knowledge, based on such review, the Master Servicer, hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/ Leslie Hayton

Leslie Hayton 

Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|
#### Giles, *per pro. ami, versus*Vigereaux.

No appeal to this court, from a judgment of the District Court, upon an agreed statement of facts, can be sustained, in an action originating before a justice of the peace.

Assumpsit, for sailor’s wages.

This action came into the District Court by an appeal from the judgment of a justice of the peace. The facts were then agreed in the District Court, with a stipulation that judg*566ment should be rendered upon nonsuit or default, as the court should adjudge to be legal.

Whitmore, for the plaintiff.

*Danforth &*Woods, for the defendant.

Wells, J.

This action was originally commenced before a justice of the peace, and brought into the District Court by appeal. No exceptions appear to have been alleged to the opinion of the Judge of that court. It is not stated in the case presented, that there was any appeal from the judgment of the District Court, but it may be inferred that such course was taken. By statute chap. 97, sect. 13, there may be an appeal from a judgment of the District Court on an agreed statement of facts. But that section relates to actions originally commenced in the District Court, and not to those commenced before a justice of the peace. *Putnam*v. *Oliver,*28 Maine, 442. No provision is made in the statute for an appeal of this action from the District Court to this court otherwise than by a bill of exceptions, and the remedy for the aggrieved party must be pursued in that manner. This court has not at present any jurisdiction over the action. *Adams v. Adams,*15 Pick. 177.

*Action dismissed.*
EXHIBIT 11 -  Computation of Earnings Per Share



Item 6(a)
Exhibit 11
Computation of Earnings per Share
United Industrial Corporation and Subsidiaries



                                 Three Months Ended             Six Months Ended
                                       June 30                      June 30
                                 ------------------            -----------------

                                 1997          1996           1997          1996
                                 ----          ----           ----          ----

Primary:

   Average shares outstanding    12,371,712  12,203,089   12,328,204  12,190,494
                                 ==========  ==========   ==========  ==========

   Net income                    $1,670,000  $1,458,000   $3,433,000  $2,889,000
                                 ==========  ==========   ==========  ==========

   Earnings per share                $  .14      $  .12      $  .28       $  .24
                                     ======      ======      ======       ======