alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(Reap. Dec. 9948)

#### E & E Storch, Inc. *v.*United States

Entry No. 852696.

(Decided March 15, 1961)

Plaintiff not represented by counsel.

*William B. Orrich, Jr.,*Assistant Attorney General, for the defendant.

Lawrence, Judge:

When the above-enumerated appeal for a re-appraisement was called for hearing, there was no appearance on behalf of plaintiff. The court thereupon ordered the case submitted.

Rule 5(a) of the rules of the court provides that—

> The submission for decision of any case shall be made in open court by the parties thereto or their attorneys, or by stipulation, or by written request to the court, or by the court on its own motion. Where the plaintiff, petitioner, or appellant, or his attorney, in a case does not appear when the same is called, and after the opposite party has had opportunity to present evidence on the issues, it may be deemed submitted and may be decided by the court on the record as it appears therein.

Accordingly, I have examined the record in the appeal before the court and find nothing therein which tends in any way to overcome the presumption of correctness which attaches to the decision of the appraiser. I find and hold, therefore, that the proper value of the merchandise is the value returned by the appraiser.

Judgment will be entered accordingly.
# Uradni list C 48/2013

| | ISSN 1977-1045
  doi:10.3000/19771045.C_2013.048.slv |
| --- | --- |
| Uradni list
  Evropske unije | C 48 |
| | |
| Slovenska izdaja | Informacije in objave | Zvezek 5619. februar 2013 |

ISSN 1977-1045

doi:10.3000/19771045.C_2013.048.slv

Uradni list

Evropske unije

C 48

Slovenska izdaja

Informacije in objave

Zvezek 5619. februar 2013

---

| Obvestilo št. | Vsebina | Stran |
| --- | --- | --- |
| | V   Objave |
| | UPRAVNI POSTOPKI |
| | Evropski parlament |
| 2013/C 048/01 | Sklep | 1 |

Obvestilo št.

Vsebina

Stran

V   Objave

UPRAVNI POSTOPKI

Evropski parlament

2013/C 048/01

Sklep

1

| SL | |
| --- | --- |

SL

---

V Objave

UPRAVNI POSTOPKI

Evropski parlament

| 19.2.2013 | SL | Uradni list Evropske unije | C 48/1 |
| --- | --- | --- | --- |

19.2.2013

SL

Uradni list Evropske unije

C 48/1

---

SKLEP

2013/C 48/01

GENERALNI SEKRETAR EVROPSKEGA PARLAMENTA –

ob upoštevanju Uredbe Sveta (EGS, Euratom, ESPJ) št. 259/68, spremenjene z Uredbo (ES, Euratom) št. 723/2004 ter nazadnje z Uredbo (EU, Euratom) št. 1080/2010 Evropskega parlamenta in Sveta z dne 24. novembra 2010 o spremembah Kadrovskih predpisov za uradnike Evropskih skupnosti in Pogojev za zaposlitev drugih uslužbencev Evropskih skupnosti, zlasti člena 30 teh predpisov,

ob upoštevanju sklepa predsedstva z dne 3. maja 2004 o prenosu pooblastil organa za imenovanja (OI) in organa, pooblaščenega za sklepanje pogodb o zaposlitvi (OPSO), ki ga je predsedstvo nazadnje spremenilo 4. maja 2009,

ob upoštevanju dejstva, da 31. decembra 2012 poteče veljavnost naslednjim rezervnim seznamom Evropskega parlamenta:

PE/96/A, PE/97/A, A/94, A/95, A/96, AD/4/08, PE/99/S, PE/103/S, PE/104/S, PE/106/S, PE/107/S, PE/109/S, PE/117/S, PE/118/S, C/348, AST/1/2005, AST/1/2006, AST/5/08, PE/69/S, PE/96/S, PE/110/S, PE/119/S,

ob upoštevanju mnenja skupnega odbora, sprejetega na seji 21. novembra 2012 –

JE SKLENIL:

Člen 1

Veljavnost rezervnih seznamov:

AD/4/08, PE/99/S, PE/103/S, PE/104/S, PE/106/S, PE/107/S, PE/109/S, PE/117/S, PE/118/S, AST/5/08, PE/96/S, PE/110/S, PE/119/S

se podaljša do 31. decembra 2013.

Člen 2

Veljavnost rezervnih seznamov:

PE/96/A, PE/97/A, A/94, A/95, A/96, C/348, AST/1/05, AST/1/06 in PE/69/S

se ne podaljša.

V Luxembourgu, 20. decembra 2012

Klaus WELLE

Generalni sekretar

---
# C_2014462EN.01000501.xml

| 22.12.2014 | EN | Official Journal of the European Union | C 462/5 |
| --- | --- | --- | --- |

22.12.2014

EN

Official Journal of the European Union

C 462/5

---

Judgment of the Court (Second Chamber) of 15 October 2014 — European Parliament v European Commission

(Case C-65/13) (1)

1

((Action for annulment - Regulation (EU) No 492/2011 - Implementing Decision 2012/733/EU - EURES network - Implementing power of the European Commission - Scope - Article 291(2) TFEU))

(2014/C 462/07)

Language of the case: French

Parties

Parties

Applicant: European Parliament (represented by: A. Tamás and J. Rodrigues, acting as Agents)

Applicant:

Defendant: European Commission (represented by: J. Enegren and C. Zadra, acting as Agents)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders the European Parliament to pay the costs. |
| --- | --- |

2.

Orders the European Parliament to pay the costs.

---

(1)  OJ C 108, 13.4.2013.

1

---
### C OURT OF 

### A PPEALS FOR THE



### F IRS T 

### D ISTRICT OF 

### T EXAS AT 

### H OUSTON



### O RDER ON 

### M OTION

Cause number: 01

- 1 5

- 0 0 0 28

- C R and 01

- 15

- 00029

- CR

Style: Kelvin Morris Jones Jr.

v

. The State of Texas

Date motion filed * : May 6 , 201 5

Type of motion: Appellant’s Second M otion for Extension of Time to File Appellant’s Brief

Party filing motion: Appellant

Document to be filed: Appellant ’s brief

Is appeal accelerated? No

If motion to extend time:

Original due date: March 11 , 201 5

Number of previous extensions granted: 1 Current Due date: May 6, 2015

Date Requested: July 6, 2015

Ordered that motion is:

 Granted

If document is to be filed, document due: Ju ly 6 , 2015

 T he Court will not grant additional motions to extend time absent extraordinary

circumstances

.

 Denied

 Dismissed ( e.g. , want of jurisdiction, moot )

 Other: _____________________________________

Judge ’ s signature: /s/ Terry Jennings

 for the Court

Panel consists of

____________________________________________

Date: May 1 2 , 2015
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Quarterly Report of Intraop Medical Corporation (the
"Company") on Form 10-QSB for the period ending December 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Howard Solovei, Chief Financial 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:

     (3)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

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


                                            /s/ Howard Solovei
                                         ----------------------------------
                                             Howard Solovei
                                             Chief Financial Officer

                                             Date: February 14, 2008


A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
Before the Second Division,

October 23, 1943

No. 48918.

#### Protests 818540-G, etc., of Amerlux Steel Corp. (San Francisco).

Opinion by

Lawrence, J.

The record disclosed that these bale ties are .similar in all material respects to those involved in *Wilbur-Ellis Co.*v. *United States*(26 C. C. P. A. 403, C. A. D. 47, and 9 Cust. Ct. 120, C. D. 673). They were therefore held entitled to free entry under paragraph 1604 as claimed.
CERTIFICATION PURSUANT TO

     18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

     In connection with the Quarterly Report of Direct Response Financial Services, Inc. (the "Company") on Form 10-QSB for the period ending July 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ted Kozub, Principal Accounting 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; and

(2)

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

\s\                Ted KozubTed KozubPrincipal Accounting Officer September 12, 2003

----
No. 00-781.

#### Kronisch, Executrix of the Estate of Glickman *v.*United States et al.

C. A. 2d Cir. Certiorari denied.
Exhibit 10.1

Indigo Energy Discloses Year End Patent Review

40 U.S. and International Patent Applications Filed

NAPA, California--January 28, 2002--Indigo Energy, Inc. (OTC BB: IEGY.OB) of
Napa, California, a developer of battery-free power quality solutions, announced
today the results of the Company's annual intellectual property review. At year
end, 40 U.S. and international patent applications have been filed as a result
of the intellectual property efforts of Indigo Energy's engineers.

"We are pleased to announce this major achievement," said Joel Bloomer, Chairman
of Indigo Energy. "The ongoing protection of our revolutionary technologies is
vitally important to the maintenance of our competitive advantages."

     About Indigo Energy, Inc.

Indigo Energy is a development stage company working to commercialize new
ultra-high reliability, long-life flywheel energy storage systems for the
prevention of power interruptions. These uninterruptible power solutions are
designed to be cost-effective and environmentally friendly alternatives to lead
acid battery systems for critical power applications and alternative energy
applications. The worldwide market for power quality systems in 2000 was $10-$12
billion and this market is projected to grow to $44 billion by 2005.

The foregoing press release includes "forward looking statements" within the
meaning of, and made pursuant to, the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. Such forward looking statements
involve known and unknown risks, uncertainties, and other factors which may
cause the actual results, performance or achievements of the Company or events,
or timing of events, relating to the Company to materially differ from those
expressed or implied by such forward looking statements. Indigo Energy, Inc.
refers interested parties to its Registration Statement No. 333-42026, as
amended, and other SEC filings for a complete description of, and discussions
about, Indigo Energy, Inc.

Contact:

Indigo Energy, Inc.
Secretary & Treasurer:
Scott Kostiuk, 707/254-9302
scottkostiuk@indigoenergyinc.com


                                       1
<PAGE>
**Exhibit
      32.2**





Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)





I,
      Michael A. Reisner, Director, Executive Vice President and Chief Financial
      Officer (Principal Financial and Accounting Officer) of ICON Capital Corp.,
      the General Partner of the Registrant in connection with the Quarterly Report
      of
      ICON Income Fund Eight B L.P. (the "Partnership") on Form 10-Q/A for the period
      ended March 31, 2006, as filed with the Securities and Exchange Commission
      on
      the date hereof (the "Quarterly Report") certify, pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





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





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








*Dated:
      December 11, 2007*





*/s/Michael A. Reisner*


Michael
      A. Reisner


Director,
      Executive Vice President and Chief Financial Officer of the General
      Partner


(Principal
      Financial and Accounting Officer)


ICON
      Capital Corp.


General
      Partner of ICON Income Fund Eight B L.P.
#### The People of the State of New York, Respondent, v Oscar Martinez, Appellant.

[612 NYS2d 59]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered April 12, 1991, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to be present when the trial court held an in camera hearing, outside his presence, regarding the prosecutor’s request for an adjournment in order to locate two prospective witnesses. We disagree.

A defendant’s constitutional right to be present arises "whenever [defendant’s] presence has a relation, reasonably substantial, to the fulness of [the] opportunity to defend *490against the charge” *(Snyder v Massachusetts,*291 US 97, 105-106). Conversely, a defendant has no right to be present when a conference involves only questions of law and procedure, such that the defendant’s presence would not ensure a more reliable determination *(see, Kentucky v Stincer,*482 US 730, 744-745; *People v Velasco,*77 NY2d 469, 472; *People v Jacobs,*162 AD2d 716). Therefore, in the present case, since the in camera hearing involved only a question of procedure, and no testimony was elicited, the defendant was not entitled to be present.

The defendant also contends that he was denied his right to counsel when the trial court conditioned the defense counsel’s attendance at the in camera hearing upon counsel’s agreement not to discuss the hearing with the defendant. However, the defendant’s contention is not preserved for appellate review since the defendant failed to raise this argument at the trial *(see, People v Narayan,*54 NY2d 106, 112-113; *People v Burnett,*188 AD2d 658; *cf., People v Margan,*157 AD2d 64). In any event, the defendant’s contention is without merit. A defendant’s right to counsel is not absolute and a trial court may impose reasonable rules on the defendant’s access to counsel in order to control the conduct of the trial *(see, People v Hilliard,*73 NY2d 584, 586; *People v Enrique,*165 AD2d 13, 16-17). In the present case, there was evidence that at least two of the prosecution witnesses had been threatened and offered money not to testify. Accordingly, the trial court’s limited restriction on the defense counsel’s discussion with the defendant regarding the in camera hearing, where the prosecutor disclosed the identity and expected testimony of two prospective witnesses, was reasonable and did not deprive the defendant of his right to counsel *(see, People v Morgan,*176 AD2d 359).

The defendant’s remaining contentions are unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Bynum,*70 NY2d 858; *People v Medina,*53 NY2d 951). Balletta, J. P., Miller, Hart and Krausman, JJ., concur.
[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Page 42538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20803]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-140-006]


Louisiana-Nevada Transit Company; Notice of Proposed Changes in 
FERC Gas Tariff

August 1, 1997.
    Take notice that on July 29, 1997, Louisiana-Nevada Transit Company 
(LNT), tendered for filing as part of its FERC Gas Tariff, Second 
Revised Volume No. 1, the following revised tariff sheets to be 
effective November 1, 1997:

Fourth Revised Sheet No. 11
Third Revised Sheet No. 27
First Revised Sheet No. 27A
Second Revised Sheet No. 28
Second Revised Sheet No. 54
Second Revised Sheet No. 60
Original Sheet No. 62
Original Sheet Nos. 63-64

    LNT states that the revised tariff sheets are filed to comply with 
the Commission's directives in Order No. 587-C issued in Docket No. 
RM96-1-004 and its June 25, 1997, Order issued in the captioned 
proceedings.
    LNT states that copies of the filing were served on all affected 
entities.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Rules of Practice and Procedure. All such protests should 
be filed in accordance with Section 154.210 of the Commission's 
Regulations. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceeding. Copies of this filing are 
on file and available for public inspection in the Public Reference 
Room.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-20803 Filed 8-6-97; 8:45 am]
BILLING CODE 6717-01-M
No. 55666.

#### A. Schulman, Inc. *v.*United States,

protests 137806-K and 142425-K (Cleveland).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
exv10w2



 





Exhibit
10.2


NOTE AMENDMENT AGREEMENT




     THIS NOTE
AMENDMENT AGREEMENT (this “Agreement”) is made as of
the 13th day of
November, 2007, between Global Telecom & Technology, Inc. (the “Company”) and the holders
(“Holders”) of the Company’s 6% promissory
notes due on December 29, 2008 (the
“Notes”).



Recitals



A. On October 15, 2006, the Company issued the Notes to the Holders.



B. The Company and the Holders desire to amend the terms of the Notes.




     NOW, THEREFORE, it is agreed as follows:



     1. Increase in Interest Rate and Payment of Interest. The interest rate under the
Notes shall be increased from 6% per annum to 10% per annum on January 1, 2009. The Company shall
pay 50% of all interest accrued during 2008 and 2009 on December 31, 2008 and December 31, 2009,
respectively.



     2. Maturity Date. The maturity date of the Notes shall be extended from December 29,
2008 to December 31, 2010.



     3. Subordination and Priority. The subordination under Section 2 of the Notes shall
be limited to $4,000,000. The Notes shall be of equal priority with the series of 10% convertible
subordinated notes due on December 31, 2010 (“2010 Notes”).



     4. Prepayment. In the event any prepayment is made against the principal due under the
2010 Notes, the same percentage of the outstanding principal prepaid against the 2010 Notes will
be prepaid against the outstanding principal of the Notes.



     5. Condition to Effectiveness of Agreement. This Agreement shall become effective
upon the date the Company issues for cash consideration not less than $1,700,000 of its 2010 Notes
(“Effective Date”). The Company shall provide Holders with written notice of the Effective
Date.



     6. Attachment to Notes. The Holders agree to attach a copy of this Agreement to their
Notes and upon demand of the Company to deliver the original Note for replacement and exchange of a
new note reflecting the amendments set forth in this Agreement.



     7. Entire Agreement. This Agreement contains the complete agreement between the
Company and the Holders with respect to the subject matter hereof and supersedes all prior
agreements and understandings with respect thereto.



 









 





     8. Counterparts. This Agreement may be executed in any number of counterparts, each
of which when so executed and delivered shall be deemed an original, and such counterparts together
shall constitute only one original.



[SIGNATURES APPEAR ON FOLLOWING PAGE]




 









 





     IN WITNESS WHEREOF, the parties have executed this agreement under dates set forth opposite
their signature.



	 	 	 	 	 
	 

	 	 	 	Global Telecom & Technology, Inc.
	 
	 	 	 	 
	 

	 	 	 	By:
	 

	 	 	 	  

	 

	 	 	 	Kevin Welch, Chief Financial Officer


	 
	 	 	 	 
	 

	 	 	 	Holders:
	 
	 	 	 	 
	 

	 	 	 	  

	 

	 	 	 	D. Michael Keenan
	 
	 	 	 	 
	 

	 	 	 	  

	 

	 	 	 	Todd Vecchio
	 
	 	 	 	 
	 

	 	 	 	  

	 

	 	 	 	Raymond E. Wiseman
Exhibit 23.2

            Consent of Independent Registered Public Accounting Firm

The Board of Directors and Stockholders
Balchem Corporation:

      We  consent  to  the   incorporation  by  reference  in  the  registration
statements (Nos.  333-118292,  333-118291,  333-78355,  333-44489,  333-5912 and
333-5910)  on Form S-8 of Balchem  Corporation  and  subsidiaries  of our report
dated  February 6, 2004,  relating to the  consolidated  statements of earnings,
stockholders'  equity and cash flows of Balchem Corporation and subsidiaries for
the year ended December 31, 2003 and the related financial  statement  schedule,
which  report  appears in the  December  31, 2005 annual  report on Form 10-K of
Balchem Corporation.

/s/KPMG LLP
Short Hills, New Jersey
March 16, 2006
EXHIBIT 3.3



                         CERTIFICATE OF AMENDMENT TO THE
                          CERTIFICATE OF INCORPORATION
                                       OF
                         MEDICAL NUTRITION SYSTEMS, INC.

TO:      THE SECRETARY OF STATE, STATE OF NEW JERSEY:

                  The undersigned, being the President and Secretary of Medical
Nutrition Systems, Inc., for the purpose of amending the original Certificate of
Incorporation of the above named corporation, do hereby execute the following
Certificate of Amendment, pursuant to the New Jersey Business Corporation Act
CRS 14A:1-1, et seq.

                  The name of the corporation is Medical Nutrition Systems, Inc.

                  RESOLVED, that Article First of the Certificate of
Incorporation be amended to read as follows: "The name of the corporation is
Medical Nutrition Inc."

                  The foregoing amendment to the Certificate of Incorporation
was approved by the Directors and thereafter duly adopted by the Shareholders of
the corporation on the 25th day of February, 1983.

                  The number of shares outstanding at the time of the adoption
of this Amendment was 1,312,500. The total number of shares entitled to vote
thereon was 1,312,500.

                  The number of shares voting in favor of such amendment was
1,252,100.

                  The effective date of this Amendment to the Certificate of
Incorporation shall be the date filed with the Secretary of State, State of New
Jersey.

ATTEST:                                MEDICAL NUTRITION SYSTEMS, INC.

/s/ MYRA GANS, Secretary               By: /s/ WALTER HIRSCHINGER
-----------------------------------        -----------------------------------
Myra Gans, Secretary                       Walter Hirschinger, President

Dated: 3/21/83