alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023278EN.01000801.xml

| 7.8.2023 | EN | Official Journal of the European Union | C 278/8 |
| --- | --- | --- | --- |

7.8.2023

EN

Official Journal of the European Union

C 278/8

---

Judgment of the Court (Fifth Chamber) of 22 June 2023 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Endesa Generación SAU v Tribunal Económico Administrativo Central

(Case C-833/21, (1) Endesa Generación)

(Reference for a preliminary ruling - Taxation of energy products and electricity - Directive 2003/96/EC - Article 14(1)(a) - Exemption of energy products used to produce electricity - Derogation - Taxation of energy products for ‘reasons of environmental policy’ - Scope)

(2023/C 278/11)

Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings

Applicant: Endesa Generación SAU

Defendant: Tribunal Económico Administrativo Central

Operative part of the judgment

The second sentence of Article 14(1)(a) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity

must be interpreted as meaning that national legislation providing for the taxation of coal used for the production of electricity meets the condition, set out in that provision, that the tax must be introduced ‘for reasons of environmental policy’, where there is a direct link between the use of the revenue and the purpose of the tax in question or where that tax, without pursuing a purely budgetary purpose, in terms of its structure, including in particular the taxable item or the tax rate, is designed in such a way that it influences the behaviour of taxpayers in a manner that facilitates ensuring better protection of the environment.

---

(1)  OJ C 138, 28.3.2022.

---
263 La. 102

#### TOYE BROS. YELLOW CAB COMPANY v. CITY OF NEW ORLEANS et al.

No. 52811.

Supreme Court of Louisiana.

Oct. 19, 1972.

In re: Toye Bros. Yellow Cab Company applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 264 So.2d 768.

Writ refused. On the facts found by the Court of Appeal, the result is correct.

McCALEB, C. J., and HAMLIN and SUMMERS, JJ., are of the opinion that a writ should be granted.
#### UNITED NATIONAL BANK, Appellant, v. Albert D. DEXHEIMER and Corinne C. Dexheimer, his wife, Appellees.

No. 1756.

District Court of Appeal of Florida. Fourth District.

Jan. 22, 1968.

Rex B. Guthrie, of Batchelor, Brodnax, Guthrie & Kindred, Miami, for appellant.

Barry J. Stone, of Week, Harper, Stone & McAliley, Pompano Beach, for appellees.

PER CURIAM.

Affirmed on authority of Petersen v. Brotman, Fla.App.1958, 100 So.2d 821. See also Angle v. Crow, Fla.App.1966, 184 So.2d 688; Jette v. Harbison, 1947, 158 Fla. 418, 28 So.2d 858.

WALDEN, C. J. and CROSS and REED, JJ., concur.
Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 

26, 2012.

In The

Fourteenth Court of Appeals

NO. 14-12-00044-CV

IN RE EFREM D. SEWELL AND MILO SHEPARD, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

151st District Court

Harris County, Texas

Trial Court Cause No. 2011-37278

M E M O R A N D U M O P I N I O N

On January 18, 2012, relators Efrem D. Sewell and Milo Shepard filed a petition 

for writ of mandamus in this court. See Tex. Gov’t Code Ann. §22.221; see also Tex. R. 

App. P. 52. In the petition, relators ask this court to compel the Honorable Mike 

Engelhart, presiding judge of the 151st District Court of Harris County to dissolve a 

temporary injunction entered November 2, 2011.

This original proceeding arises from a lawsuit between Hardriders, Inc., a 

motorcycle club, and two of its members, Efrem Sewell and Milo Shepard. Hardriders, 

Inc. filed suit against relators seeking an injunction to prevent relators from forming a 

separate motorcycle club using the Hardriders name. Hardriders, Inc. obtained a 

temporary injunction ordering relators to “immediately cease and desist from pursuing 
2

the completion and approval of the trademark application[.]” Relators were further 

ordered to “immediately turnover all account passwords, access codes, and all other 

information necessary for the use, control, and access to the website domain 

www.hardridersmc.com, and cease and desist from disabling, altering, cancelling, or in 

any way encumbering Plaintiff Hardriders, Inc.’s use, control, access, or further 

enjoyment to the website.” Trial is set for June 18, 2012.

To be entitled to the extraordinary relief of a writ of mandamus, relators must 

show that the trial court clearly abused its discretion and they have no adequate remedy 

by appeal. In re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex. 2008) (orig. proceeding). 

Mandamus may not be used as a form of interlocutory appeal. N.H. Helicopters, Inc. v. 

Brown, 841 S.W.2d 424, 425 (Tex. App.—Dallas 1992, orig. proceeding). Section 

51.014(a)(4) specifically provides for an interlocutory appeal from an order granting a 

temporary injunction. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4). An 

interlocutory appeal provides an adequate remedy. See In re Henry, 274 S.W.3d 185, 

189 n. 2 (Tex. App.—Houston [1st Dist.] 2008, orig. proceeding).

Because relators can appeal the temporary injunction, they have an adequate 

remedy by appeal, and have not established their entitlement to the extraordinary relief of 

a writ of mandamus. Accordingly, we deny relators’ petition for writ of mandamus and 

also deny relator’s related motion for temporary relief.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.
<PAGE>

                                                                    EXHIBIT 31.1

                                  CERTIFICATION

      I, John R. DePhillipo, certify that:

      1. I have reviewed this annual report on Form 10-KSB of GeneLink, Inc.;

      2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

      3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

      4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

      a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

      b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

      c) presented in this annual report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

      5. The registrant's other certifying officers and I have disclosed, based
on our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent function):

      a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial date and have identified for the
registrant's auditors any material weaknesses in internal controls; and

      b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

<PAGE>

      6. The registrant's other certifying officers and I have indicted in this
annual report whether or not there were significant changes in internal controls
or in other factors that could significantly affect internal controls subsequent
to the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: March 28, 2005                      By:       /s/ John R. DePhillipo
                                             ----------------------------------
                                             John R. DePhillipo, Chief Executive
                                             Officer and Chief Financial Officer
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-40707

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GERARDO RAFAEL PEREZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:09-CR-356-1

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Gerardo Rafael Perez has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967). Perez has filed a response. The record is insufficiently

developed to allow consideration at this time of Perez’s claims of ineffective

assistance of counsel; such claims generally “cannot be resolved on direct appeal

when [they have] not been raised before the district court since no opportunity

existed to develop the record on the merits of the allegations.” United States v.

United States Court of Appeals

Fifth Circuit

F I L E D

March 26, 2010

Charles R. Fulbruge III

Clerk

Case: 09-40707 Document: 00511064076 Page: 1 Date Filed: 03/26/2010
No. 09-40707

2

Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and

citation omitted). Our independent review of the record, counsel’s brief, and

Perez’s response discloses no nonfrivolous issue for appeal. Accordingly, the

motion for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

Perez’s motion for the appointment of substitute counsel is DENIED. Cf. United

States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

Case: 09-40707 Document: 00511064076 Page: 2 Date Filed: 03/26/2010
#### C. E. GLINDMEYER et al. v. Tommy R. ELSWORTH, Sr. et al.

No. 46842.

Supreme Court of Mississippi.

Nov. 6, 1972.

Boyce Holleman, Jim Rose, Gulfport, Gex, Gex & Phillips, Bay St. Louis, for appellants.

Daniel, Coker, Horton, Bell & Dukes, Gulfport & Jackson, Donald V. Burch, Jackson, for appellees.

Before GILLESPIE, C. J., and PATTERSON, SMITH, ROBERTSON and SUGG, JJ.

Appeal from Circuit Court, Harrison County; Leslie B. Grant, Judge.

Affirmed.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 13

- 00607

- CR

James Robert Harle

v.

The State of Texas §

§

§

§

§ From the 396th District Court

o f Tarrant County (1200063D )

J un e 25, 2015

Opinion by Justice Gardner

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By

_ /s/ Anne Gardner

__________ Justice Anne Gardner
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 18, 2016

Order 

Clerk

October 18, 2016

154062(63)

MENARD, INC., Petitioner-Appellant, SC: 154062

v COA: 325718

Tax Tribunal: 00-441600, 14-001918-TT

CITY OF ESCANABA, Respondent-Appellee.

_________________________________________/

On order of the Chief Justice, the motion of the Michigan Retailers Association 

and the Michigan Chamber of Commerce to file a brief amicus curiae is GRANTED. 

The amicus brief submitted on October 12, 2016, is accepted for filing.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
"THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF GEORGIA-PACIFIC CORPORATION FOR THE 9 MONTHS ENDED
SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS."
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                               7
<SECURITIES>                                         0
<RECEIVABLES>                                    1,434
<ALLOWANCES>                                        15
<INVENTORY>                                      1,305
<CURRENT-ASSETS>                                 2,869
<PP&E>                                          14,443
<DEPRECIATION>                                   8,182
<TOTAL-ASSETS>                                  12,941
<CURRENT-LIABILITIES>                            2,693
<BONDS>                                          4,131
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                       3,186
<TOTAL-LIABILITY-AND-EQUITY>                    12,941
<SALES>                                          9,923
<TOTAL-REVENUES>                                 9,923
<CGS>                                            7,689
<TOTAL-COSTS>                                    7,689
<OTHER-EXPENSES>                                   695
<LOSS-PROVISION>                                     7
<INTEREST-EXPENSE>                                 338
<INCOME-PRETAX>                                    376
<INCOME-TAX>                                       160
<INCOME-CONTINUING>                                216
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                   (15)
<CHANGES>                                            0
<NET-INCOME>                                       201
<EPS-PRIMARY>                                        0<F1>
<EPS-DILUTED>                                        0<F2>
<FN>
<F1>Georgia-Pacific Group EPS - Basic         0.79
The Timber Company EPS - Basic            1.41
<F2>Georgia-Pacific Group EPS - Diluted         0.79
The Timber Company EPS - Diluted            1.40
</FN>
        

</TABLE>
#### Marie Sanders HURKS et al. v. L. H. BOSSIER et al.

No. 62519.

Supreme Court of Louisiana.

Sept. 15, 1978.

In re: Marie Sanders Hurks, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 359 So.2d 1114.

Granted.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
Exhibit 99.2
INDEPENDENT AUDITOR'S REPORT



The Board of Directors 
Central Illinois Financial Co., Inc.:

We have audited the accompanying consolidated balance sheet of Central
Illinois Financial Co., Inc. and subsidiaries as of December 31, 1996, and
the related consolidated statements of income, changes in stockholders 
equity, and cash flows for the year then ended.  These consolidated
financial statements are the responsibility of the Company s management. 
Our responsibility is to express an opinion on these consolidated financial
statements based on our audit.

We conducted our audit in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free
of material misstatement.  An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial state-
ments.  An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall
financial statement presentation.  We believe that our audit provides a
reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above
present fairly, in all material respects, the financial position of Central
Illinois Financial Co., Inc. and subsidiaries as of December 31, 1996, and
the results of their operations and their cash flows for the year then
ended in conformity with generally accepted accounting principles.

By: /s/ McGLADREY & PULLEN, LLP



Champaign, Illinois
February 7, 1997
February 11, 2014

U.S. Environmental Protection Agency Office of Pollution Prevention and Toxics Confidential Business Information Center (CBIC) – TS7407M Attention: Audrey Binder EPA East Building, Room 6428 1201 Constitution Avenue, NW Washington, DC 20004-3302

Dear Ms. Binder:

Reference: PMN P-11-0549 Submission Report Number – FEA-110801029581242

Follow-up Information from our Meetin g on February 3, 2014 at 11:00 AM
#### Paul G. PRINS and Robert A. Ware, Appellants, v. FLORIDA POWER & LIGHT COMPANY, and Southern Bell Telephone and Telegraph Company, Appellees.

No. 70-623.

District Court of Appeal of Florida, Third District.

July 6, 1970.

PER CURIAM.

Appeal dismissed.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 20

- 00155

- CR

M ANUEL A LEJANDRO G ARZA

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from the 371st District

Court

of Tarrant County ( 1548886D )

February 17, 2022

Memorandum Opinion by Justice

Birdwell

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in t he tr ial court’s judgment. The judgment and the attached Order to

Withdraw Funds are modified to delete the $228 fine and the $25 time

- payment fee

without preju d ice to future assessment if , more than thirty days after manda te issues

,

Manuel Alejandro Garz a h as failed to fully pay any fine, court cost , or restitution

imposed . It is ordered that the judgment of the trial court is affirmed as modified.SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell

Justice Wade Birdwell
#### Ross A. MARINO and Elizabeth J. Marino, his wife, Appellants, v. Iva Polak JOSEPH, Appellee.

No. 71-148.

District Court of Appeal of Florida, Fourth District.

April 26, 1971.

Appeal from Circuit Court, Palm Beach County; James R. Knott, Judge.

Appeal dismissed.
IV

103D CONGRESS

2D SESSION H. RES. 499

Providing for the concurrence by the House with amendments in the

amendments of the Senate to H.R. 4429.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1994

Mr. HAMILTON submitted the following resolution; which was considered

under suspension of the rules and agreed to

RESOLUTION

Providing for the concurrence by the House with

amendments in the amendments of the Senate to H.R. 4429.

1 Resolved, That upon the adoption of this resolution

2 the bill (H.R. 4429) (to authorize the transfer of naval

3 vessels to certain foreign countries) with the Senate

4 amendments thereto, shall be considered to have been

5 taken from the Speaker’s table to the end that—

6 (1) the Senate amendments numbered 1

7 through 11 be, and the same are hereby, agreed to;

8 and
2

•HRES 499 ATH

1 (2) the Senate amendment number 12 be, and

2 the same is hereby, agreed to with an amendment as

3 follows:

4 (A) Page 2, beginning on line 13, strike

5 ‘‘or any other provision of law’’.

6 (B) Page 3, strike line 3 and all that fol7 lows through line 9.

Æ
EXHIBIT 99.2

WRITTEN STATEMENT

 PURSUANT TO

18 U.S.C. SECTION 1350

The undersigned, Shawn M. Harrington, the Chief Financial Officer of Gerber Scientific, Inc. (the "Company"), pursuant to 18 U.S.C. Section 1350, hereby certifies that:

(i)	the Annual Report on Form 10-Q for the quarter ended July 31, 2002 of the Company (the "Report") fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

 

Dated:  September 13, 2002

/s/ Shawn M. Harrington                        

Shawn M. Harrington
#### PALMETTO FORD TRUCK SALES, INC., Appellant, v. Willard R. COOK, Jr., Appellee.

No. 71-168.

District Court of Appeal of Florida, Third District.

July 30, 1971.

PER CURIAM.

Appeal dismissed.
Exhibit 10.4


 


Execution Version


 


Northern
Genesis Acquisition Corp. II


4801
Main Street, Suite 1000


Kansas
City, MO 64112


 


January
12, 2021


 


Northern
Genesis Sponsor II LLC


4801
Main Street, Suite 1000


Kansas
City, MO 64112


 


Ladies
and Gentlemen:


 


This
letter will confirm our agreement that, commencing on the effective date (the “Effective Date”) of the
registration statement (the “Registration Statement”) for the initial public offering (the “IPO”)
of Northern Genesis Acquisition Corp. II’s (the “Company”) securities and continuing until the
earlier of (i) the consummation by the Company of an initial business combination or (ii) the Company’s liquidation (in
each case as described in the Registration Statement) (such earlier date hereinafter referred to as the “Termination
Date”), Northern Genesis Sponsor II LLC (the “Sponsor”) shall make available to the Company
certain office space, utilities and secretarial support as may reasonably be required by the Company (in the aggregate, the “Services”)
from time to time, situated at 4801 Main Street, Suite 1000, Kansas City, MO 64112 (or any successor location). In exchange therefore,
the Company shall pay the Sponsor the sum of $10,000 per month on the Effective Date and continuing monthly thereafter until the
Termination Date. The Sponsor hereby agrees that it does not have any right, title, interest or claim of any kind in or to any
monies that may be set aside in a trust account (the “Trust Account”) to be established upon the consummation
of the IPO (the “Claim”) and hereby waives any Claim it may have in the future as a result of, or arising
out of, any negotiations, contracts or agreements with the Company and will not seek recourse against the Trust Account for any
reason whatsoever. The Company hereby agrees that recourse against the Sponsor in connection with the provision of the Services
or any payments made in respect thereof shall be strictly limited to the termination of this agreement by the Company.


 


[Signature
Page Follows]


 




     


     


    

 


	 	Very truly yours,
	 	 	 
	 	NORTHERN GENESIS ACQUISITION CORP. II
	 	 	 
	 	By: 	/s/ Ian Robertson
	 	 	Name:
    Ian Robertson
	 	 	Title:
    Chief Executive Officer


 


AGREED
TO AND ACCEPTED BY:


 


NORTHERN
GENESIS SPONSOR II LLC


 


	By: 	/s/ Ian Robertson	 
	 	Name:
    Ian Robertson	 
	 	Title:
    Managing Member	 


 


[Signature Page to Administrative Services Agreement]