alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES NAVY-MARINE CORPS 

COURT OF CRIMINAL APPEALS

WASHINGTON, D.C.

Before

F.D. MITCHELL, J.A. FISCHER, M.K. JAMISON

Appellate Military Judges

UNITED STATES OF AMERICA

v.

RUDY N. OROZCO

GUNNER’S MATE THIRD CLASS (E-4), U.S. NAVY

NMCCA 201400104

SPECIAL COURT-MARTIAL

Sentence Adjudged: 18 December 2013.

Military Judge: CDR Marcus Fulton, JAGC, USN.

Convening Authority: Commanding Officer, USS HALSEY (DDG 97).

Staff Judge Advocate's Recommendation: LT M.L. Gardner, JAGC, 

USN.

For Appellant: CAPT Charles D. Stimson, JAGC, USN.

For Appellee: Mr. Brian K. Keller, Esq.

24 April 2014

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

OPINION OF THE COURT 

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

 

 After careful consideration of the record, submitted without 

assignment of error, we affirm the findings and sentence as approved 

by the convening authority. Art. 66(c), Uniform Code of Military 

Justice, 10 U.S.C. § 866(c).

 

For the Court

 

 

R.H. TROIDL

Clerk of Court
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# C&E employees conduct spring cleaning to demonstrate VPP program commitment

By Alexandria Birmage-GrayDefense Logistics Agency Troop Support

                PHILADELPHIA  –              

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Defense Logistics AgencyDefense Logistics Agency Troop SupportVoluntary Protection ProgramVPPSpring Clean-UphousekeepingConstruction & Equipment supply chain
<PAGE>
                                                                   EXHIBIT 23.1





The Board of Directors and Stockholders of


NATCO Group Inc.:


We consent to incorporation by reference in the registration statement (No.
333-71480) on Form S-8 of NATCO Group Inc., of our report dated February 19,
2003, relating to the consolidated balance sheets of NATCO Group Inc. and
subsidiaries as of December 31, 2002 and 2001 and the related consolidated
statements of operations, stockholders' equity and comprehensive income, and
cash flows for each of the three years ended December 31, 2002, which report
appears in the December 31, 2002 Annual Report on Form 10-K of NATCO Group Inc.


                                              /s/ KPMG LLP

Houston, Texas


March 19, 2003
April 17, 1943

No. 48208.

Suit 4391.

#### *Joseph E. Seagram, & Sons, Inc.*v. *United States.*

C. D. 598 reversed Feb. 1, 1943. C. A. D. 227.
# C_2014409EN.01001001.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/10 |
| --- | --- | --- | --- |

17.11.2014

EN

Official Journal of the European Union

C 409/10

---

Judgment of the Court (Fourth Chamber) of 10 September 2014 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Gemeente ‘s-Hertogenbosch v Staatssecretaris van Financiën

(Case C-92/13) (1)

1

((Reference for a preliminary ruling - Sixth VAT Directive - Article 5(7)(a) - Taxable transactions - ‘Supplies made for consideration’ - First occupation by a municipal authority of premises built for it on land belonging to it - Activities engaged in as a public authority and as a taxable person))

2014/C 409/13

Language of the case: Dutch

Referring court

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Parties to the main proceedings

Applicant: Gemeente ‘s-Hertogenbosch

Applicant:

Defendant: Staatssecretaris van Financiën

Defendant:

Operative part of the judgment

Operative part of the judgment

Article 5(7)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment must be interpreted as applying to a situation, such as that at issue in the main proceedings, in which a municipality takes first occupation of a building which it has had built on its own land and of which it intends to use 94 % of the area for its activities as a public authority and 6 % of that area for its activities as a taxable person, including 1 % for exempt activities in respect of which no right to deduct value added tax exists. However, the subsequent use of the building for the activities of the municipality may give rise to a right to deduct the tax paid in respect of the application provided for by that provision only in the proportion corresponding to its use for the purposes of the taxable transactions, pursuant to Article 17(5) of that directive.

---

(1)  OJ C 147, 25.5.2013.

1

---
#### F. Vitelli & Son, Inc. *v.*United States

No. 5978.

Invoice dated Naples, Italy, April 29, 1936.

Entered at New York, N. Y., May 25, 1936.

Entry No. 34029.

(Decided January 26, 1944)

*Strauss & Hedges (Hadley S. King*of *counsel); Lane & Wallace, Brooks & Brooks,*and *Barnes, Richardson & Colburn,*associate counsel; for the plaintiff.

*P.aul P. Rao,*Assistant Attorney General *(Daniel I. Auster,*special attorney), for the defendant.

Eewall, Judge:

This appeal for reappraisement has been submitted upon the following stipulation :

> It is hereby stipulated and agreed by and between the attorneys for the parties hereto, that the instant appeal to reappraisement covers peeled tomatoes in tins which were exported from Italy. That the said merchandise and the issues involved in the instant appeal to reappraisement are the same in all material respects as the merchandise and issues involved in *United States*v. *Luigi Vitelli Elvea, Inc., et al.,*Reap. Dec. 5941; that the merchandise covered by the instant •appeal to reappraisement was, at the time of exportation thereof, sold and freely offered for sale in Italy to all purchasers in the ordinary course of trade, packed *374ready for shipment in the usual wholesale quantities, in Naples, one of the principal markets of Italy for exportation to the United States, at the values at which said peeled tomatoes were entered.

> It is further stipulated and agreed that the record in Reap. Dec. 5941 be incorporated herein and the said appeal to reappraisement is submitted on this stipulation.

> The instant reappraisement appeal is abandoned as to all other merchandise other than the aforementioned peeled tomatoes.

On the agreed facts I find that the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, is the proper basis for the determination of the value of the peeled tomatoes here involved, and that such values are the entered values.

The appeal having been abandoned insofar as it relates to all other merchandise, to the extent of said abandonment, is hereby dismissed.

Judgment will be rendered accordingly.
#### Margaret D. Alfonso, Plaintiff, *v.*Charles A. Alfonso, Defendant.

Supreme Court, Special Term, New York County,

October 25, 1965.

*Bobick d) Deutsch*for plaintiff. *Zaidins Michaelman*for defendant.

Arthur G. Klein, J.

Plaintiff heroin seeks an order directing the defendant to pay temporary alimony and counsel fees. Defendant has objected on the ground that such relief is not authorized herein for this action is one for a declaratory judgment only. Examination of the complaint indicates that plaintiff seeks a judgment declaring that she is the lawful wife of defendant, that the purported Mexican divorce obtained by the defendant is invalid and that the. defendant’s subsequent marriage to another is void. Under the recent amendments to section 236 of the Domestic Eolations Law temporary and permanent alimony, as well as the award of counsel fees, may be made “ In any action or proceeding brought (1) during the lifetime of both parties to the marriage * * * or *declare the nullity of a void marriage”.*(Emphasis added.) As stated in the Practice Commentary by Professor Siegel (McKinney’s Cons. Laws of N. Y., Book 14, § 236, p. 136): *“*The inclusion, even down to numbering them, of the specific list of matrimonial actions, is apparently an expedient to preclude a finding that other actions — which might otherwise be categorized as matrimonial in nature, at least for purposes of section 236 — are within the section. Thus the kind of situation presented in *Rosenbaum*v. *Rosenbaum,*309 N. Y. 371, 130 N. E. 2d 902 (1955), wherein a spouse brings a New York action to enjoin the other spouse from prosecuting a matrimonial action elsewhere, would not be within section 236,* nor would an action to declare the nullity of a foreign dissolution already concluded.”

Obviously the statutory allowance of alimony and counsel fees in an action to declare the nullity of a void marriage refers to an action to declare the nullity of the marriage between the parties, and not an action to declare the nullity of a marriage entered into by the defendant after a purported dissolution of his marriage with the plaintiff.

*791Since this is an action to declare the nullity of a foreign dissolution of the marriage obtained by this defendant in Mexico, and his subsequent remarriage bottomed upon that dissolution, alimony and counsel foes cannot be allowed and the motion is accordingly denied.
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# LGBT Pride Month celebrated on DSCR

By Leon MooreDLA Aviation Public Affairs

                RICHMOND, VA  –              
The Defense Logistics Agency Aviation Equal Employment Opportunity and Diversity Office, in conjunction with the American Federation of Government Employees Local 1992 hosted a lesbian, gay, bisexual, and transgender (LGBT) Pride Month celebration in the Frank B. Lotts Conference Center on Defense Supply Center Richmond, Virginia, June 25.  The theme of the program was Helping to Build a More Inclusive Society.

Jeremy Lannan, national vice president, AFGE Women and Fair Practices, was the guest speaker. He is the first openly gay federal employee ever elected to one of AFGE’s three national leadership positions. He is also the first male to lead AFGE’s Women’s and Fair Practices Departments.

Rodney Lofton, vice president and deputy director with Diversity Richmond also spoke during the event. 

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Defense Supply Center Richmond VirginiaDLA AviationLGBT Pride Month
# C_2013352EN.01002403.xml

| 30.11.2013 | EN | Official Journal of the European Union | C 352/24 |
| --- | --- | --- | --- |

30.11.2013

EN

Official Journal of the European Union

C 352/24

---

Judgment of the Civil Service Tribunal (3rd Chamber) of 23 October 2013 — D'Agostino v Commission

(Case F-93/12) (1)

1

(Civil service - Member of the contract staff - Article 3a of the CEOS - Non-renewal of a contract - Duty of care - Interests of the service - Full and detailed examination within all departments of the possibility of employment corresponding to the tasks envisaged in the contract)

2013/C 352/47

Language of the case: French

Parties

Parties

Applicant: Luigi D’Agostino (Luxembourg, Luxembourg) (represented by: M.-A. Lucas, lawyer)

Applicant:

Defendant: European Commission (represented by: G. Gattinara and D. Martin, Agents)

Defendant:

Re:

Re:

Application to annul the decision not to renew the applicant’s contract as a member of the contract staff.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the European Commission’s decision of 1 December 2011 not to renew Mr D’Agostino’s contract; |
| --- | --- |

1.

Annuls the European Commission’s decision of 1 December 2011 not to renew Mr D’Agostino’s contract;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders the Commission to bear its own costs and to pay one third of the costs incurred by Mr D’Agostino; |
| --- | --- |

3.

Orders the Commission to bear its own costs and to pay one third of the costs incurred by Mr D’Agostino;

| 4. | Orders Mr D’Agostino to bear two thirds of his own costs. |
| --- | --- |

4.

Orders Mr D’Agostino to bear two thirds of his own costs.

---

(1)  OJ C 343, 10.11.2012, p. 23.

1

---
# C_2014261EN.01001703.xml

| 11.8.2014 | EN | Official Journal of the European Union | C 261/17 |
| --- | --- | --- | --- |

11.8.2014

EN

Official Journal of the European Union

C 261/17

---

Order of the President of the Court of 27 May 2014 (request for a preliminary ruling from the Datenschutzbehörde (formerly Datenschutzkommission) — Austria) — H v E

(Case C-46/13) (1)

1

2014/C 261/27

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 147, 25.5.2013.

1

---
(Reap. Dec. 9702)

#### New York Merchandising Co., Inc. *v.*United States

Entry No. 10068.

(Decided May 10, 1960)

*Siegel, Mandell & Davidson*for the plaintiff.

*Q-eorge Goehran Doub,*Assistant Attorney General, for the defendant.

Wilson, Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the respective parties:

> IT IS STIPULATED AND AGREED by and between the respective parties hereto, subject to the approval of the Court, that the export value on or about the dates of exportation to the United States of the merchandise covered by the Nanri & Co. Ltd. invoices embraced by the Appeal to Reappraisemen't enumerated above at which time such or similar merchandise was freely offered for sale *711to .all purchasers in the principal market of the country from which exported in the usual wholesale quantity and in the ordinary course of trade for export to the United States including cost of containers and coverings of whatever nature and all other costs, charges and expenses incident to placing the merchandise ready for shipment to the United States was, as defined in Section 402(d) of the Tariff Act of 1930, the f.o.b. invoice price exclusive of buying commission as stated on the invoices herein.

> IT IS FURTHER STIPULATED AND AGREED that the Appeal enumerated above is limited to Nanri & Oo. Ltd. invoices and abandoned in all other respects.

> IT IS FURTHER STIPULATED AND AGREED that there was no higher foreign value for merchandise such or similar to the merchandise herein at the time of exportation thereof.

> IT IS FURTHER STIPULATED AND AGREED that the Appeal to Reap-praisement enumerated above may be submitted on the foregoing stipulation.

On the agreed facts, I find and hold the export value, as that value is defined in section 402(d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the involved merchandise, and that such values were the f.o.b. invoice prices, exclusive of buying commission, as stated on the invoice involved herein.

The appeal having been abandoned insofar as it relates to all other merchandise, to that extent, the appeal is hereby dismissed.

Judgment will be entered accordingly.
#### Michael R. BIJLANI, Appellant, v. PIONEER HOUSE ASSOCIATES, etc., et al., Appellees.

No. 97-2919.

District Court of Appeal of Florida, Third District.

Oct. 21, 1998.

Scott Alan Orth, Hollywood, for appellant.

Kuvin Lewis Restani & Stettin and R. Fred Lewis, Miami, for appellee Pioneer House Associates.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

The trial court, as the fact finder, is required “to resolve conflicts in the evidence *378and to weigh the credibility of witnesses. *Ferry v. Abrams,*679 So.2d 80, 81 (Fla. 5th DCA 1996). In the instant case, after hearing the evidence, the trial court ruled in the appellee’s favor. Because the trial court’s ruling is supported by competent, substantial evidence, we must affirm. *Ferry v. Abrams,*679 So.2d at 81.

The remaining issues raised by the appellant lack merit.

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-1658

REGINALD D. EVANS,

Plaintiff - Appellant,

versus

LOUIS CALDERA, Secretary of the United States

Army,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Joseph R. McCrorey, Magistrate Judge.

(CV-99-865-17-BC)

Submitted: September 16, 2002 Decided: October 8, 2002

Before WIDENER, WILKINS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Reginald D. Evans, Appellant Pro Se. Barbara Murcier Bowens,

OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* The parties consented to the jurisdiction of a magistrate

judge under 28 U.S.C. § 636(c) (2000).

2

PER CURIAM:

Reginald E. Evans appeals the magistrate judge’s order*

granting Defendant’s motion for summary judgment. We have reviewed

the record and the magistrate judge’s opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

magistrate judge. See Evans v. Caldera, No. CV-99-865-17-BC (D.S.C.

filed May 29, 2002, entered May 31, 2002). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED
No. 48851.

#### Protests 648420-G, etc., of Musolino Berger Lo Conte Co. et al. (Boston, etc.).

Opinion by

Keefe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.