alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017239EN.01004501.xml

| 24.7.2017 | EN | Official Journal of the European Union | C 239/45 |
| --- | --- | --- | --- |

24.7.2017

EN

Official Journal of the European Union

C 239/45

---

Judgment of the General Court of 7 June 2017 — Blaž Jamnik and Blaž v Parliament

(Case T-726/15) (1)

1

((Public service contracts - Property market - Tender procedure - Negotiated procedure without publication of a contract notice - Premises for the European Union House in Ljubljana - Rejection of the tender after prospecting the local market - Award of the contract to another tenderer - Failure to examine the documents annexed to the tender - Error of law - Manifest error of assessment))

(2017/C 239/56)

Language of the case: Slovenian

Parties

Parties

Applicants: Jožica Blaž Jamnik and Brina Blaž (Ljubljana, Slovenia) (represented by: D. Mihevc, lawyer)

Applicants:

Defendant: European Parliament (represented by: V. Naglič, P. López-Carceller and B. Simon, Agents)

Defendant:

Re:

Re:

Application pursuant to Article 263 TFEU for annulment of the decision of the Parliament of 12 October 2015 rejecting, after prospection of the local market, the tender submitted by the applicants in connection with building contract INLO.AO-2013-051-LUX-UGIMBI 06 concerning the future European Union House in Ljubljana and of the decision to award the contract to another tenderer and, in the alternative, a claim under Article 268 TFEU for compensation for the damage allegedly suffered by the applicants.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Jožica Blaž Jamnik and Brina Blaž to pay the costs. |
| --- | --- |

2.

Orders Jožica Blaž Jamnik and Brina Blaž to pay the costs.

---

(1)  OJ C 98, 14.3.2016.

1

---
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MICHAEL W. HUDSON,

 Plaintiff - Appellant,

 v.

TERRY BRIAN, Correctional Officer;

ROBERT VOLKER, Correctional Officer,

 Defendants - Appellees.

No. 12-15283

D.C. No. 1:08-cv-00249-AWI-JLT

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Anthony W. Ishii, District Judge, Presiding

Submitted March 12, 2013** 

Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.

Michael W. Hudson, a California state prisoner, appeals pro se from the

district court’s judgment following a jury verdict in his 42 U.S.C. § 1983 action

FILED

MAR 21 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-15283

alleging that defendants violated his First Amendment rights. We have jurisdiction

under 28 U.S.C. § 1291. We dismiss.

We cannot review the district court’s judgment because Hudson has failed to

provide the relevant trial transcripts required to review the alleged errors. On May

10, 2012, this court denied Hudson’s request for production of transcripts at the

government’s expense without prejudice to renewal, accompanied by a showing as

to which portions of the transcript were necessary to decide the issues presented. 

Hudson did not renew his motion. Accordingly, we are unable to review his

contentions challenging the district court’s evidentiary rulings and denial of

Hudson’s new trial motion. See Fed. R. App. P. 10(b)(2); Syncom Capital Corp. v.

Wade, 924 F.2d 167, 169 (9th Cir. 1991) (per curiam) (dismissing appeal by pro se

appellant for failure to provide relevant trial transcripts). 

DISMISSED.
### THE THIRTEENTH COURT OF APPEALS

13

- 13

- 00359

- CR

DONNA TAYLOR v. THE STATE OF TEXAS
On Appeal from the 117th District Court of Nueces County , Texas Trial Cause No. 12

- CR

- 0433

- B (S1)

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this ca use on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. July 3, 2014
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

DERRICK DESHAWN SHEFFIELD, )

)

Appellant, )

)

v. ) Case No. 2D18-198

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed August 23, 2019. 

Appeal from the Circuit Court for 

Hillsborough County; Ronald Ficarrotta,

Judge.

Howard L. Dimmig, II, Public 

Defender, and Robert D. Rosen, 

Assistant Public Defender, Bartow,

for Appellant.

Carolyn Snurkowski, Associate 

Deputy Attorney General, 

Tallahassee, and Linsey 

Sims-Bohnenstiehl, Assistant 

Attorney General, Tampa,

for Appellee. 

PER CURIAM.

Affirmed. 

VILLANTI, ATKINSON, and SMITH, JJ., Concur.
EXHIBIT 32

| 1.   | The Company’s Quarterly Report on Form 10-Q for the period ended July 4, 2014, to which this Certification is attached as Exhibit 32, fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, 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. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  August 12, 2014 | /s/ Martin M. Koffel    |
|-----------------------------------|-------------------------|
|                              | Martin M. Koffel        |
|                              | Chief Executive Officer |
|                              |                    |
| Dated:  August 12, 2014 | /s/ H. Thomas Hicks     |
|                              | H. Thomas Hicks         |
|                              | Chief Financial Officer |
|                              |                    |
(Reap. Dec. 9594)

#### International Tlle Co. *v.*United States

Entry No. 779584 1/2

(Decided February 11, 1960)

Plaintiff not represented by counsel.

*George Cochran Boub,*Assistant Attorney General, for tbe defendant.

Mollison, Judge:

The above-enumerated appeal for reappraisement has 'been submitted for decision upon stipulation of the parties or their representatives, on the basis of which I find that export value, as defined in section 402(b), as amended 'by the Customs Simplification Act of 1956, is the proper basis for the determination of the value of the glazed wall tiles involved, and that such value is the invoiced unit price of United States $0.01 for each til©, packed, as to the tiles invoiced as follows:

> 501-1200_ 100,800 pcs.

> 1201-1250_ 7,200 “

> 1251-1300_ 7,200 “

> 1401-1500_ 14,400 “

Judgment will issue accordingly.
Exhibit 35.19  LOGO

CommercialMortgageServicing D1050-084, 8th Fl
401 South Tryon Street Charlotte, NC 28202
1-800-326-1334 ANNUAL
STATEMENT OF COMPLIANCE Reference is hereby made to that certain Pooling and Servicing Agreement date d as of May 1, 2016, by and
among CCRE COMMERCIAL MORTGAGE SECURITIES, L.P., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, RIALTO CAPITAL ADVISORS, LLC, as Special Servicer, U.S.BANK NATIONAL ASSOCIATION, as Trustee, Certificate Administrator and
Paying Agent, U.S.BANK NATIONAL ASSOCIATION , AS Custodian, PARK BRIDGE LENDER SERVICES LLC, as Operating Advisor AND Asset Representations Reviewer with respect to Commercial Mortgage Pass-Through Certificates, CFCRE 2016-C4 (the
Agreement). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement. Pursuant
to Section 10.11 of this Agreement, I, Leslie Hayton, Managing Director of Commercial Mortgage Services do hereby certify that:  1.
A review of the activities of the Master Servicer during the period from January 1, 2018 through December 31,
2018 (the Reporting Period), and of its performance per the Agreement during such period has been made under my supervision, and  2.
To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations
under the Agreement in all material respects throughout the Reporting Period. IN WITNESS WHEREOF, the undersigned has
executed this Certificate as of the 28th day of February 2019.  LOGO Leslie Hayton Managing
Director Wells Fargo Bank Wells Fargo Bank, N.A.


LOGO
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         367,670
<SECURITIES>                                         0
<RECEIVABLES>                                  167,611
<ALLOWANCES>                                         0
<INVENTORY>                                     11,971
<CURRENT-ASSETS>                               590,235
<PP&E>                                      14,849,597
<DEPRECIATION>                               4,093,120
<TOTAL-ASSETS>                              11,468,892
<CURRENT-LIABILITIES>                        2,323,481
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       791,782
<OTHER-SE>                                   1,032,290
<TOTAL-LIABILITY-AND-EQUITY>                11,468,892
<SALES>                                         83,139
<TOTAL-REVENUES>                             1,090,959
<CGS>                                           46,309
<TOTAL-COSTS>                                  969,291
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             182,803
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            121,668
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   123,389
<EPS-BASIC>                                    0.08
<EPS-DILUTED>                                        0


</TABLE>
<PAGE>

                                                                      EXHIBIT 32

      CERTIFICATION OF PERIODIC FINANCIAL REPORT PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Penseco Financial Services Corporation (the "Company")
certifies to his knowledge that:

(1) The Annual Report on Form 10-K/A of the Company for the year ended December
31, 2006 (the "Form 10-K/A") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (the "Act"); and

(2) The information contained in the Form 10-K/A fairly presents, in all
material respects, the financial conditions and results of operations of the
Company as for the dates and for the periods referred to in the Form 10-K/A.

/s/ Craig W. Best
----------------------
Craig W. Best
President and CEO
December 18, 2007



<PAGE>


      CERTIFICATION OF PERIODIC FINANCIAL REPORT PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Penseco Financial Services Corporation (the "Company")
certifies to his knowledge that:

(1) The Annual Report on Form 10-K/A of the Company for the year ended December
31, 2006 (the "Form 10-K/A") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (the "Act"); and

(2) The information contained in the Form 10-K/A fairly presents, in all
material respects, the financial conditions and results of operations of the
Company as for the dates and for the periods referred to in the Form 10-K/A.

/s/ Patrick Scanlon
------------------------
Patrick Scanlon
Controller
December 18, 2007
[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Notices]
[Page 20527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7864]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-320-000]


Colorado Interstate Gas Company; Notice of Technical Conference

April 19, 2007.
    Take notice that the Commission will convene a technical conference 
in the above-referenced proceeding on Tuesday, May 8, 2007, at 10 a.m. 
(EDT), in a room to be designated at the offices of the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The Commission's March 30, 2007 Order \1\ directed that a technical 
conference be held to address the issues raised by Colorado Interstate 
Gas Company's (CIG), February 28, 2007 tariff filing to reflect a 
quarterly adjustment to its lost and unaccounted-for (L&U) and other 
fuel gas reimbursement percentage.
---------------------------------------------------------------------------

    \1\ Colorado Interstate Gas Co., 118 FERC ] 61,265 (2007).
---------------------------------------------------------------------------

    Commission Staff and parties will have the opportunity to discuss 
all of the issues raised by CIG's filing including, but not limited to, 
technical, engineering and operational issues, CIG's justification and 
support for inclusion of the costs associated with the gas lost at the 
Fort Morgan storage field, and issues related to the interpretation and 
applicability of tariff provisions governing L&U and other fuel gas and 
liability for losses.
    FERC conferences are accessible under section 508 of the 
Rehabilitation Act of 1973. For accessibility accommodations please 
send an e-mail to <a href="/cdn-cgi/l/email-protection#660705050315150f040f0a0f121f260003140548010910"><span class="__cf_email__" data-cfemail="09686a6a6c7a7a606b6065607d70496f6c7b6a276e667f">[email protected]</span></a> or call toll free (866) 208-
3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with 
the required accommodations.
    All interested persons are permitted to attend. For further 
information please contact Debbie-Anne Reese at (202) 502-8758 or e-
mail <a href="/cdn-cgi/l/email-protection#25614047474c4008644b4b400b774040564065434057460b424a53"><span class="__cf_email__" data-cfemail="c286a7a0a0aba7ef83acaca7ec90a7a7b1a782a4a7b0a1eca5adb4">[email protected]</span></a>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-7864 Filed 4-24-07; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Case.No. 8,098.

#### LA SOCIETE ANONYME DES MINES v. BAXTER et al.

[14 Blatchf. 261; 1 14 O. G. 679; Cox, Manual Trade-Mark Cas. 313.]

Circuit Court, S. D. New York.

June 12, 1877.

Trade-Marks — Dry White Oxide oe Zinc.

The right of A. to a trade-mark in connection with the dry white oxide of zinc, is not infringed by the sale of a paint composed of a white oxide of zinc ground in oil, and .untruly represented as containing white oxide of zinc made by A., such trade-mark never having been applied by A. to that article ground in oil.

[This was a suit in equity by La Société Anonyme des Mines et Fonderies de Zinc de la Vieille Montagne against Charles H. Baxter and others for the alleged violation of complainants’ trade-mark.]

Daniel D. Lord, for plaintiffs.

Dickerson & Beaman, for defendants.

1

 [Reported by Hon. Samuel Blatchford, Circuit Judge, and here reprinted by permission.]

BLATCHFORD, District Judge.

On the allegations of the bill, the plaintiffs can claim their trade-mark only for the dry white oxide of zinc. It does not appear that they ever sold that article ground in oil, or ever applied such trade-mark to that article ground in oil.. The fact that the defendants sell a paint composed of a white oxide of zinc ground in oil, and represent it as containing white oxide of zinc made by the plaintiffs, when it does not contain white oxide of zinc made by the plaintiffs, is no violation of any trade-mark of the plaintiffs. The defendants have not sold the dry white oxide in that state. It is not shown that the plaintiffs have sold such oxide ground in oil. It is true that the oxide is intended to be ground with oil, for a paint. So, flour is intended to be made into bread. But, if a baker should falsely stamp his bread with the mark of a particular brand of flour, the maker of such brand, if having a trademark therefor, could not claim that the baker had violated his trade-mark. And so of any other raw material which enters as. an ingredient into a compound or article of manufacture. The application must be denied.
No. 65756.

#### C. S. Emery & Company *v.*United States,

protest 267855-K (St. Albans).

*524Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *The Best Foods, Inc.*(47 C.C.P.A. 163, C.A.D. 751), the claim of the plaintiff was sustained.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [WY-923-1310-FI; WYW137666] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of proposed reinstatement of terminated oil and gas lease. 

# SUMMARY:

                        Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Loco for competitive oil and gas lease WYW137666 for land in Natrona County, Wyoming. The petition was                               ( print page 25330)                            filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.                     

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at (307) 775-6176. 

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 16                    2/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $163.00 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW137666 effective November 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands.                 

Pamela J. Lewis, 

Chief, Branch of Fluid Minerals Adjudication.

 [FR Doc. E7-8616 Filed 5-3-07; 8:45 am] 

BILLING CODE 4310-22-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KEITH R. BRIDGEWATER,

 Plaintiff - Appellant,

 v.

SWEENY, LVN,

 Defendant - Appellee.

No. 14-15782

D.C. No. 2:11-cv-01216-TLNCMK

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted June 22, 2015** 

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. 

Keith R. Bridgewater, a California state prisoner, appeals pro se from the

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging

retaliation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, 

Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009), and we affirm.

FILED

JUL 02 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly granted summary judgment because Bridgewater

failed to raise a genuine dispute of material fact as to whether defendant took an

adverse action against Bridgewater in response to his protected conduct. See id. at

1269-71 (setting forth elements of a retaliation claim in the prison context, and

noting that “a plaintiff must show that his protected conduct was the substantial or

motivating factor behind the defendant’s conduct” (citation and internal quotation

marks omitted)).

We do not consider arguments raised for the first time on appeal or matters

not specifically and distinctly raised and argued in the opening brief. See Padgett

v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

Defendant’s motion to strike, filed on January 23, 2015, is denied.

AFFIRMED.

2 14-15782
III 

110TH CONGRESS 

2D SESSION H. CON. RES. 313 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2008 

Received 

CONCURRENT RESOLUTION 

Authorizing the use of the rotunda of the Capitol for a 

ceremony to honor the 5 years of service and sacrifice 

of our troops and their families in the war in Iraq 

and to remember those who are serving our Nation in 

Afghanistan and throughout the world. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. USE OF ROTUNDA FOR CEREMONY HONORING 

4 THOSE SERVING IN AFGHANISTAN AND IRAQ. 

5 (a) USE OF ROTUNDA.—The Rotunda of the Capitol 

6 is authorized to be used on March 13, 2008, for a cere7 mony to honor the 5 years of service and sacrifice of our 


wwoods2 on PRODPC68 with BILLS
2 

HCON 313 RDS 

1 troops and their families in the war in Iraq and to remem2 ber those who are serving our Nation in Afghanistan and 

3 throughout the world. 

4 (b) PREPARATIONS.—Physical preparations for the 

5 ceremony referred to in subsection (a) shall be carried out 

6 in accordance with such conditions as the Architect of the 

7 Capitol may prescribe. 

Passed the House of Representatives March 10, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


wwoods2 on PRODPC68 with BILLS