alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
05/05/201 0 14;1 7 FAX 2024935142 FAA * QMS @1001/002 

=iCF!a'':^^?QRIATiGN 

J 

us DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C 

In the Matter of; 

EMPIRE AIRLINES, INC., 

dba EMPIRE AEROSPACE, 

Respondent. 

Case No. 2009NMl30pl4 

WITHDRAWAL OF APPEAL 

COMES NOW the Respondent by and through his Counsel and withdrawal their 

appeal in the above captioned matter. 

Respectfully submitted ihis 26th day of April, 2010. 

Marlrir^^nlin^ 

Attorney for Respondent 

421 W. Riverside Avenue, Suite 911 

Spokane, WA 99201 

(509) 624-3020 

Wilhdriiwal of Appeal- 1 
05/05/201 0 14:17 FAX 2024935142 FAA + DMS 0002/002 

CERTIFICATE OF MAILING 

I hereby certify that I have this date mailed an original and one copy of the 

foregoing Withdrawal of Appeal addressed to: 

Federal Aviation Administration 

Attn: Hearing Dockei Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

800 Independence Avenue, SW 

Washinf-ion, DC 20591 

And, further that I have this date faxed and mailed a copy of the foregoing 

Withdrawal of Appeal addressed to: 

Mr. David F. Shayne 

Regional Counsel 

Federal Aviation Administration 

1601 Lind Ave SW 

Renton, WA 96057 

hax: (425)227-1007 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue SE 

East Building Ground Floor, Room El2-320 

Washinglon, DC 20590 

Fax: (202) 366-7536 

DATED this 26th day of April, 2010. 

CindyAllert 

Legal Assistant (o Mark Conlin 

withdrawal of Appeal- 2
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ NONATTN PLANS \ 201 5 \ H1 3

- SIP

- 3.DOC
#### The People of the State of New York, Respondent, v Clifton Earp, Appellant.

[699 NYS2d 893]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered September 24, 1998, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). S. Miller, J. P., Thompson, Krausman, Florio and Schmidt, JJ., concur.
No. 46508.

#### Protests 56379-K, etc., of F. W. Woolworth Co. et al. (Philadelphia, etc.).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
P.1 

OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

25) ll-C-51 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 25 of 343 
P.2 

* ^ 

A-94-52 

r JEZJC i 

l~l PACIFIC ENVIRONMENTAL SERVICES. INC. 

**** * Central Park West 

5001 South Miami Boulevard, Suite 300 

P.O.Box 12077 

Research Triangle Park, NC 27709-2077 

(919)941-0333 

FAX (919) 941-0234 

FAX COMMUNICATION 

Date oil ft J17 : _ 

FROM: At//***'* ^Qft 

nOcKF 

OS 

TO: Name: 

Address: 

fJl/'y X/o-i-fh 

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•fu -t'rf Cf J4-

Phone Number: 

FAX NUMBER: . 

(6 06) 17I-77ZQ 

('6°6) !>7l- /f/3 

REFERENCE CODE: //go/. 0o<? 

THIS COMMUNICATION COMPRISES PAGES INCLUDING THIS PAGE. 

COMMENTS: 

y^//tf*4yW /$ a jt2/&nt< -)~Cfh^O -/hat yoc* ca^ ^ u 

4o f/U ,r> J^ tf^oetu el/on ct<?>^ ^*'//<c>7s / A'p/'fl5 V /o y 

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f£*. * ^ <^> o/Z^ ^ y^/i o>n 

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WASHINGTON. O.C. • RESEARCH TRIANGLE PARK. NC • LOS ANQELES, CA • CINCINNATI. OH 
<A 

P.3 

TABLE 1: PROPOSED SAMPLING CONDITIONS AT LASCO PANEL PRODUCTS 

Condition 

No. 

1 

Kg) 

2 

3 

4 

4(g) 

5 

6 

7a 

7b 

8(g) 

9 

10 a 

10 b 

11a 

l i b 

12 c 

13 c 

13 b 

14(g) 

Formula HAP Content 

(%) 

MMA 

(%) 

Line Speed 

(ft/min) 

Thickness 

(mils) 

Control 

NC* 

- NC* 

NC* 

WAE 

[does not exist] 

- WAE 

WAE 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

Current 

[does not exist] 

Comments 

No control, worst case 

No control, worst case with 

gel coat 

No control, best case 

No control, normal 

Best control, worst case 

Best control, worst case with 

gel coat 

Best control, best case 

Best control, normal 

Normal 

Normal without gel coat 

Normal with gel coat 

Normal with MMA 

Normal, slow 

Normal, fast 

Normal, thin 

Normal, thick 

Worst case with gel coat 

* NC = No Control 

(g) Refers to gel coating runs 

If alternate runs are specified, the run number is followed by letter "a", "b", or "c" to indicate that if option "a" is selected for one run, 

option "a" should also be selected for all other runs. 

2-
EXHIBIT 32.1


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


The undersigned, the Chief Executive Officer of DCI USA, Inc. (the "Company"),
does hereby certify under the standards set forth and solely for the purposes of
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-QSB of the Company 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 information contained in that
Form 10-QSB fairly presents, in all material respects, the financial condition
and results of operations of the Company.



Dated: May 12, 2006                     /s/ Jonathan Ilan Ofir
                                        ----------------------
                                        Jonathan Ilan Ofir,
                                        Chief Executive Officer


A signed original 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_2012165EN.01003201.xml

| 9.6.2012 | EN | Official Journal of the European Union | C 165/32 |
| --- | --- | --- | --- |

9.6.2012

EN

Official Journal of the European Union

C 165/32

---

Action brought on 5 April 2012 — Sweet Tec v OHIM (Shape of an oval)

(Case T-156/12)

2012/C 165/53

Language of the case: German

Parties

Parties

Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by T. Nägele, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

| — | Annul the contested decision of the First Board of Appeal of OHIM of 19 January 2012 in appeal proceedings R 542/2011-1 relating to the application for Community trade mark No 9 554 171; |
| --- | --- |

—

Annul the contested decision of the First Board of Appeal of OHIM of 19 January 2012 in appeal proceedings R 542/2011-1 relating to the application for Community trade mark No 9 554 171;

| — | order OHIM to pay the costs of the proceedings, including the costs incurred in the course of the appeal proceedings. |
| --- | --- |

—

order OHIM to pay the costs of the proceedings, including the costs incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional mark, representing the shape of an oval, for goods in Classes 16 and 30 (application No 9 554 171).

Community trade mark concerned:

Decision of the Examiner: Application refused.

Decision of the Examiner:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the trade mark applied for has distinctive character and is not descriptive of the goods at issue in this case.

Pleas in law:

---
#### H. M. Snelwar (Victory Shipping Co., Inc.) *v.*United States

No. 6894.

Entry Nos. 759335; 752281.

Invoices dated Manchester, England, April 5, 1946, etc.

Certified April 5, 1946, etc.

Entered at N'ew York, N. Y., May 10, 1946, etc.

(Decided February 18, 1947)

*Barnes, Richardson & Colburn (Hadley S. King*of counsel) for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Lawrence, Judge:

It has been agreed between the parties hereto that the issues herein relating to the above-mentioned merchandise are the same in all material respects as those decided in *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. (Customs) 183, C. A. D. 334, and that the record therein may be incorporated herein.

Upon the agreed facts I find the export value, as defined in section 402 (d), Tariff Act of 1930, to be the proper basis for determining the values of said merchandise, and that such values are the appraised values less additions made by importer on entries because of advances by the appraiser in similar cases.

Judgment will be entered accordingly.
# C_2014439EN.01001302.xml

| 8.12.2014 | EN | Official Journal of the European Union | C 439/13 |
| --- | --- | --- | --- |

8.12.2014

EN

Official Journal of the European Union

C 439/13

---

Judgment of the Court (Second Chamber) of 22 October 2014 — British Telecommunications plc v European Commission and BT Pension Scheme Trustees Ltd

(Case C-620/13 P) (1)

1

((Appeal - State aid - Exemption of a pension fund from the obligation to pay a contribution to a pension protection fund in respect of certain employees - Selective nature of the measure))

(2014/C 439/19)

Language of the case: English

Parties

Parties

Appellant: British Telecommunications plc (represented by: J. Holmes, Barrister, and H. Legge QC)

Appellant:

Other parties to the proceedings: European Commission (represented by: L. Flynn and N. Khan, Agents), BT Pension Scheme Trustees Ltd (represented by: J. Derenne and A. Müller-Rappard, avocats, instructed by M. Farley, Solicitor)

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 British Telecommunications plc and BT Pension Scheme Trustees Ltd to pay the costs. |
| --- | --- |

2)

Orders British Telecommunications plc and BT Pension Scheme Trustees Ltd to pay the costs.

---

(1)  OJ C 61, 1.3.2014.

1

---
Exhibit 32.1

Certification of Chief Executive Officer

Pursuant to 18 U.S.C. 1350

(as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Annual Report of tw telecom inc. (the Company) on Form 10-K for the period ended December 31, 2008 filed with the Securities and Exchange Commission (the
Report), I, Larissa L. Herda, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m
or 78o(d)); and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results
of operations of the Company.



|                       
|-----------------------
|/s/ Larissa L. Herda   
|Name: Larissa L. Herda 
|                       
|Date: February 24, 2009
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-4303

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the Eastern

v. * District of Arkansas.

*

Nina Lee Smart, * [UNPUBLISHED]

*

Appellant. *

___________

Submitted: June 7, 2000

Filed: June 15, 2000 

___________

Before LOKEN, FAGG, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Nina Lee Smart appeals her drug conspiracy sentence asserting as error the

district court's refusal to depart downward, which she had urged the court to do on the

basis her incarceration would traumatize her young son. We will not review this

argument, however, because the court acknowledged its authority to depart but

declined to do so as a discretionary matter. See United States v. Correa, 167 F.3d 414,

417 (8th Cir. 1999); United States v. Field, 110 F.3d 587, 591 (8th Cir. 1997).

Accordingly, we affirm.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
No. 74-5744.

#### McFarland *v.*Washington.

Sup. Ct. Wash. Certiorari denied.
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Exhibit 32.1 AMTECH SYSTEMS, INC. AND ITS SUBSIDIARIES 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 Amtech Systems, Inc. (the Company) on Form 10-K for
the period ended September 30, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Jong S. Whang, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act
of 2002, that: (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 result of operations of the Company. By /s/ Jong S. Whang
Jong S. Whang
President and Chief Executive Officer
Date: January 13, 2005
#### Louis Honig, as Nephew and Personal Representative of Jennie Schwartz, Also Known as Jennie Grossman, Plaintiff, *v.*Elmont Cemetery, Inc., Doing Business as Beth David Cemetery at Elmont, L. I., Defendant.

Supreme Court, Special Term, Kings County,

April 8, 1966.

*Frank J. Soff*for plaintiff. *Roe S Kramer*for defendant.

John E. Cone, J.

Plaintiff moves for summary judgment in an action to declare that one Jennie Schwartz, also known as Jennie Grossman, in whose behalf the action is brought, is entitled, as the surviving spouse of Max Schwartz, to the right of interment for her body in the cemetery plot owned by Max Schwartz at the time of his death.

It is alleged by plaintiff that Jennie Schwartz is the surviving spouse of Max Schwartz who died on February 12, 1940 and that in 1944 she married one Charles Grossman who died on November 17, 1963. It is further alleged that Max Schwartz’ body is interred in one of the graves of an eight-grave plot in defendant’s cemetery; that Schwartz was the owner of said plot at the time of his death and that other than his own body no other bodies are interred therein; that during her marriage to Charles Grossman, Jennie Schwartz provided for the perpetual care of the grave of Max Schwartz and for a reserve grave in the plot; that Jennie Schwartz, now about 82 years of age, desires to be buried in one of said graves and that demand was made upon the defendant for such right but it was not granted.

Subdivision 7 of section 84 of the Membership Corporations Law, provides: ‘1 The surviving spouse shall have the right of interment for his or her body in a lot or tomb in which the deceased spouse was an owner or co-owner at the time of his or her death.”

*1070The defendant asserts that the foregoing provision does not apply to interment of a person who remarries and subsequently becomes the surviving spouse of another. It is urged that a person cannot, in the light of the section, be a surviving spouse of two mates for if so the person would be entitled to more than one burial space which is against the spirit and intent of the law.

At the time of Schwartz’ death, his wife Jennie was the surviving spouse. That is all that the statute refers to, namely, “ The surviving spouse ”. Her rights to be interred in a grave in the plot accrued at such time. The fact that she remarried and was widowed for a second time is of no consequence in determining her status on the date of the death of her first husband. The court may interpret only where there is ambiguity. Where the language is clear, certain and unambiguous, there is no power for interpretation. That is the case here. Had the Legislature intended not to award a surviving spouse with rights of burial if years endowed him or her to be able to outlive a second spouse it could have plainly said so. The motion is granted.
Second, Lopez contends that he was denied the effective 

assistance of counsel in violation of the Sixth Amendment. As Lopez 

acknowledges, ineffective-assistance-of-counsel claims generally may not 

be raised on direct appeal, see Feazell v. State, 111 Nev. 1446, 1449, 906 

P.2d 727, 729 (1995), and we decline to consider them here because the 

district court has not held an evidentiary hearing and an evidentiary 

hearing is necessary to substantiate Lopez's factual allegations, see 

Archanian v. State, 122 Nev. 1019, 1036, 145 P.3d 1008, 1020-21 (2006). 

Third, Lopez contends that the State committed prosecutorial 

misconduct during closing arguments, vouched for the credibility of the 

victim, and shifted the burden of proof. Lopez failed to object during 

closing, and we review for plain error. NRS 178.602; Green v. State, 119 

Nev. 542, 545, 80 P.3d 93, 95 (2003). Lopez has the burden of establishing 

that these errors occurred, see Valdez v. State, 124 Nev. 1172, 1188, 196 

P.3d 465, 476 (2008) (discussing prosecutorial misconduct); Lisle v. State, 

113 Nev. 540, 553-54, 937 P.2d 473, 481 (1997) (discussing improper 

vouching and burden shifting), that the errors are plain or clear from the 

record, and that the errors affected his substantial rights, Green, 119 Nev. 

at 545, 80 P.3d at 95. In addition to making the statements which Lopez 

alleges violated his rights, the State specifically told the jury during 

closing arguments that "it's your job to determine [the victim's] 

credibility," and on rebuttal that, "we're going to let you decide how 

credible do you think that person is," and if the jury had any reasonable 

doubt about whether the victim lied, that "reasonable doubt entitles the 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A et), 
Defendant to a not guilty verdict." Having reviewed the closing 

arguments in their entirety, we conclude that if there is any error, it is not 

plain or clear from the record, and Lopez has not demonstrated that it 

affected his substantial rights. Therefore, we 

ORDER the judgment of conviction AFFIRMED. 

J. 

Pickering 

°t=2" J. Parrqguirre 

k. A 

Saitta 

cc: Hon. Valerie Adair, District Judge 

Carmine J. Colucci & Associates 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 3 

(0) 1047A e
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HomeAbout DLANewsNews Article View

# DLA Land and Maritime Academy focuses on Warfighter First 

By Notasha FantDLA Land and Maritime People and Culture

                COLUMBUS, Ohio  –              
Defense Logistics Agency Land and Maritime Commander Navy Rear Adm. John Palmer opened the DLA Land and Maritime Academy by shaking hands with each attendee at the Oct. 22 event.  He reminded them of the importance of our mission - Warfighter First.  The academy serves to increase DLA Land and Maritime employees understanding of our mission and how it’s accomplished.

Briefings were presented throughout the day in an effort to inform new employees about each directorate’s leadership, mission, current projects, metrics and contact information.  The focal point of the briefings was how we support the warfighter and how we support you the employee.

Thirty-four employees attended this event and are well on their way in furthering our service to the warfighter.

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Culture L&MDLA L&MResource the Enterprise L&M
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

WILLIAM STEPHEN ABBOTT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D17-2260 

[January 25, 2018]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; John S. Kastrenakes, Judge; L.T. Case No. 50-2016-CF008600-AXXX-MB.

Carey Haughwout, Public Defender, and Logan T. Mohs, Assistant 

Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J. 

Concepcion, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CIKLIN, LEVINE and KLINGENSMITH, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
Before the Third Division,

November 18, 1942

No. 47737.

#### Protest 74469-K of John H. Burns Co. (Baltimore).

Opinion by

Cline, J.

In accordance with stipulation of counsel that the frozen frogs’ legs in question are similar to those the subject of *Pacific Trading Co.*v. *United States*(8 Cust. Ct. 221, C. D. 610), the protest was sustained.