alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50960 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN ANTONIO ALONZO-MENDOZA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas

USDC No. 3:06-CR-552

-------------------- Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Antonio Alonzo-Mendoza raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
H. Res. 491

In the House of Representatives, U. S.,

July 28, 1994.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule

XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 2448) to improve the accuracy of radon testing

products and services, to increase testing for radon, and for

other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and

shall not exceed one hour equally divided and controlled by

the chairman and ranking minority member of the Committee

on Energy and Commerce. After general debate the bill shall

be considered for amendment under the five-minute rule. It

shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill.

Each section of the committee amendment in the nature of

a substitute shall be considered as read. At the conclusion of
2

HRES 491 EH

consideration of the bill for amendment the Committee shall

rise and report the bill to the House with such amendments

as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the

Committee of the Whole to the bill or to the committee

amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Attest:

Clerk.
House Calendar No. 201

103D CONGRESS

2D SESSION H. RES. 502

[Report No. 103–648]

RESOLUTION

Providing for consideration of the bill (S. 1066) to

Potawatomi Indians.restore Federal services to the Pokagon Band of

AUGUST 1, 1994

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 201

103D CONGRESS

2D SESSION H. RES. 502

[Report No. 103–648]

Providing for consideration of the bill (S. 1066) to restore Federal services

to the Pokagon Band of Potawatomi Indians.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1994

Mr. HALL of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Providing for consideration of the bill (S. 1066) to restore

Federal services to the Pokagon Band of Potawatomi

Indians.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 1(b) of

3 rule XXIII, declare the House resolved into the Committee

4 of the Whole House on the state of the Union for consider5 ation of the bill (S. 1066) to restore Federal services to

6 the Pokagon Band of Potawatomi Indians. The first read7 ing of the bill shall be dispensed with. General debate shall
2

HRES 502 RH

1 be confined to the bill and shall not exceed one hour equal2 ly divided and controlled by the chairman and ranking mi3 nority member of the Committee on Natural Resources.

4 After general debate the bill shall be considered for

5 amendment under the five-minute rule. Each section of

6 the bill shall be considered as read. At the conclusion of

7 consideration of the bill for amendment the Committee

8 shall rise and report the bill to the House with such

9 amendments as may have been adopted. The previous

10 question shall be considered as ordered on the bill and

11 amendments thereto to final passage without intervening

12 motion except one motion to recommit.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-27-1998
<PERIOD-START>                             DEC-29-1997
<PERIOD-END>                               JUN-28-1998
<CASH>                                          10,162
<SECURITIES>                                         0
<RECEIVABLES>                                   43,245
<ALLOWANCES>                                       500
<INVENTORY>                                    103,470
<CURRENT-ASSETS>                               175,896
<PP&E>                                       1,326,858
<DEPRECIATION>                                 729,462
<TOTAL-ASSETS>                                 854,317
<CURRENT-LIABILITIES>                          128,163
<BONDS>                                        445,512
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       135,286
<OTHER-SE>                                    (43,478)
<TOTAL-LIABILITY-AND-EQUITY>                   854,317
<SALES>                                        437,219
<TOTAL-REVENUES>                               437,219
<CGS>                                          416,239
<TOTAL-COSTS>                                  416,239      
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,452
<INCOME-PRETAX>                               (32,771)
<INCOME-TAX>                                  (11,470)
<INCOME-CONTINUING>                           (21,301)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (21,301)
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</TABLE>
IV

103D CONGRESS

2D SESSION H. RES. 545

Expressing the sense of the House of Representatives that Dr. Joycelyn

Elders be called upon to resign her position as Surgeon General of

the United States.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 23, 1994

Mr. CRANE (for himself, Mr. DOOLITTLE, Mr. BAKER of Louisiana, Mr.

HEFLEY, Mr. SMITH of New Jersey, Mr. ROTH, Mr. STUMP, Mr.

BACHUS of Alabama, Mr. SOLOMON, Mr. ARCHER, Mrs. BENTLEY, Mr.

HANCOCK, Mr. SAM JOHNSON of Texas, Mr. DORNAN, Mr. BUNNING,

and Mr. STEARNS) submitted the following resolution; which was referred

to the Committee on Energy and Commerce

RESOLUTION

Expressing the sense of the House of Representatives that

Dr. Joycelyn Elders be called upon to resign her position

as Surgeon General of the United States.

Whereas Joycelyn Elders, M.D., Surgeon General of the

United States, has in her official capacity made the following statements:

‘‘I would hope that we would provide them (prostitutes) Norplant so they could still use sex if they must

to buy their drugs.’’ (Washington Times 6/27/93)
2

•HRES 545 IH

‘‘And I do feel that we would markedly reduce our

crime rate if drugs were legalized.’’ (Washington Post

12/8/93)

‘‘When we say ‘legalize’, I’m really talking about

control. We (could) have doctors or clinics set up where

addicts can get their drugs free or pay one dollar.’’

(Washington Times 6/2/94)

When asked at the sentencing hearing of her son

for selling cocaine, whether he would commit more

crimes, Dr. Elders responded ‘‘I don’t feel that was a

crime.’’

‘‘It’s a power struggle between the haves and the

have-nots, the rich and the poor and them and us. It’s

not about abortion. It’s about power . . . there’s no social or economic freedom without reproductive freedom.’’

(Arkansas Democrat Gazette 1/19/92)

‘‘We have driver’s ed for our kids. We’ve taught

them what to do in the front seat of the car, but not

what to do in the back seat.’’ (National Commission on

Children 4/2/93)

‘‘Sex is a healthy part of our being, whether it is

homosexual or heterosexual.’’ (Washington Times 6/23/

94): Now, therefore, be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that Dr. Joycelyn Elders has consistently and
3

•HRES 545 IH

1 publicly advocated practices and behaviors contrary to

2 United States law and contrary to the overall health and

3 well-being of society in general. Therefore, the House of

4 Representatives calls on the President to ask for the res5 ignation of Dr. Joycelyn Elders from the position of Sur6 geon General of the United States.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheets and statement of earnings of Gerber Scientific,
Inc. as of and for the three-month periods ended July 31, 1998 and 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          APR-30-1999             APR-30-1998
<PERIOD-END>                               JUL-31-1998             JUL-31-1997
<CASH>                                          26,350                  16,204
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  106,778                  92,552
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     83,831                  64,671
<CURRENT-ASSETS>                               226,671                 186,007
<PP&E>                                         141,401                 123,790
<DEPRECIATION>                                  59,671                  60,179
<TOTAL-ASSETS>                                 540,612                 332,279
<CURRENT-LIABILITIES>                          112,003                  63,730
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        23,519                  23,347
<OTHER-SE>                                     214,008                 226,833
<TOTAL-LIABILITY-AND-EQUITY>                   540,612                 332,279
<SALES>                                        153,659                  98,961
<TOTAL-REVENUES>                               153,659                  98,961
<CGS>                                           90,555                  55,905
<TOTAL-COSTS>                                  139,939                  94,436
<OTHER-EXPENSES>                                 (260)                 (2,340)
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               3,158                      94
<INCOME-PRETAX>                                 10,822                   6,771
<INCOME-TAX>                                     4,100                   2,200
<INCOME-CONTINUING>                              6,722                   4,571
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     6,722                   4,571
<EPS-PRIMARY>                                      .30                     .20
<EPS-DILUTED>                                      .29                     .19
        

</TABLE>
EXHIBIT 21.1  Network Equipment Technologies, Inc.  Subsidiaries of the Company as of May 21, 2010*   NAMEJURISDICTION OF INCORPORATIONN.E.T. Europe Ltd.United Kingdom
(with a branch registered in Dubai)NET Europe SASFranceN.E.T. Federal, Inc.DelawareN.E.T. Japan, Inc.Delaware
(with a branch registered in Japan)Network Equipment Technologies Australia Pty LimitedAustraliaQuintum Technologies, LLCDelawareQuintum Telecommunication Technology (Shanghai) LimitedChinaQuintum Technologies (Hong Kong) LimitedHong Kong
(with a branch registered in Taiwan) * Excludes subsidiaries that would not in the aggregate constitute a significant subsidiary as defined in Regulation S-X.
#### John E. NOEL, Petitioner, v. Donald S. GENUNG, etc., Respondent.

No. 73-448.

District Court of Appeal of Florida, Second District.

June 11, 1973.

Habeas corpus denied.
No. 00-1033.

#### Lennix *v.*Halter, Acting Commissioner of Social Security.

C. A. 5th Cir. Certiorari denied.
### THE THIRTEENTH COURT OF APPEALS

13

- 19

- 00305

- CV
Vanessa Zuniga v. Mark Anthony Zuniga

On a ppeal from the 94th District Court of Nueces County , Texas Trial Cause No. 2014

- FAM

- 2105

- C

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this ca use on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion

. No c osts of the appeal are taxed against appellant. We further order this decision certified below for observance. July 18, 201 9
# C_2021471EN.01001801.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/18 |
| --- | --- | --- | --- |

22.11.2021

EN

Official Journal of the European Union

C 471/18

---

Request for a preliminary ruling from the Kúria (Hungary) lodged on 22 July 2021 — CIG Pannónia Életbiztosító Nyrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-458/21)

(2021/C 471/25)

Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings

Appellant: CIG Pannónia Életbiztosító Nyrt.

Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Question referred

Must Article 132(1)(c) of [Council] Directive 2006/112/EC (1) [of 28 November 2006 on the common system of value added tax] be interpreted as meaning that a service used by [an insurance company] is exempt from VAT where the purpose of the service is:

| — | to verify the accuracy of a diagnosis of a serious illness with which the insured has been diagnosed; and |
| --- | --- |

—

to verify the accuracy of a diagnosis of a serious illness with which the insured has been diagnosed; and

| — | to seek the best medical care available to treat the insured; and |
| --- | --- |

—

to seek the best medical care available to treat the insured; and

| — | where included in the cover offered by the insurance policy and at the request of the insured, to arrange provision of the medical care abroad? |
| --- | --- |

—

where included in the cover offered by the insurance policy and at the request of the insured, to arrange provision of the medical care abroad?

---

(1)  OJ 2006 L 347, p. 1.

---
Document

Exhibit 4.2


Description of Registrant’s Securities


All references in this Exhibit 4.2 to “CB” refer to CB Financial Services, Inc.


General
CB is authorized to issue 35,000,000 shares of common stock, par value $0.4167 per share.


Common Stock
Dividends.  The holders of CB’s common stock are entitled to receive and share equally in dividends as may be declared by the board of directors out of funds legally available for dividends, after payment of all dividends on preferred stock, if any is outstanding.
Voting Rights.  The holders of CB’s common stock possess exclusive voting rights in CB. They have the right to vote act on matters that are required to be presented to them under Pennsylvania law or that are otherwise presented to them by CB’s board of directors. Each holder of common stock is entitled to one vote per share on all matters presented to stockholders. Holders of common stock are not entitled to cumulate their votes in the election of directors.
Liquidation.  Upon a liquidation, dissolution or winding up of CB, holders of common stock are entitled to receive all of the assets of CB available for distribution after payment or provision for payment of all its debts and liabilities. If CB were ever to issue preferred stock, the preferred stockholders may have a priority over the holders of the common stock upon liquidation or dissolution.
Preemptive Rights; Redemption.  Holders of CB’s common stock are not entitled to preemptive rights with respect to any shares that may be issued. The common stock cannot be redeemed.
#### Johnny Lee WALKER, Appellant, v. STATE of Florida, Appellee.

No. Q-69.

District Court of Appeal of Florida, First District.

March 16, 1972.

Raymond L. Syfrett, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A. S. Johnston, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court is affirmed.

CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
<PAGE>   1


EXHIBIT 23.2

Consent of Independent Certified Public Accountants



American Architectural Products Corporation
Boardman, Ohio

We hereby consent to the incorporation by reference in the Prospectus
constituting a part of the Form S-4 Registration Statement of our reports dated
February 26, 1998, relating to the 1996 and 1997 consolidated financial
statements and schedules of American Architectural Products Corporation and our
report dated April 28, 1997 relating to the combined financial statements of
Mallyclad Corporation and Vyn-L Corporation appearing in the Company's Annual
Report on Form 10-K for the year ended December 31, 1998.

We also consent to the reference to us under the caption "Independent Auditors"
and "Changes In and Disagreements with Accountants on Accounting and Financial
Disclosure" in the prospectus.


                                                 BDO SEIDMAN, LLP

Troy, Michigan
March 25, 1999
# C_2021228EN.01002401.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 228/24 |
| --- | --- | --- | --- |

14.6.2021

EN

Official Journal of the European Union

C 228/24

---

Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 29 March 2021 — Staatssecretaris van Financiën, other party: X

(Case C-194/21)

(2021/C 228/32)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Staatssecretaris van Financiën

Other party: X

Questions referred

| 1. | Must Articles 184 and 185 of the VAT Directive 2006 (1) be interpreted as meaning that a taxable person who, at the time of acquiring goods or services, has failed to deduct input tax (‘the initial deduction’) within the applicable national time limit in accordance with the intended use for tax purposes, is entitled, when an adjustment is made — on the occasion of the subsequent first use of those goods or services — to make that deduction if the actual use at the time of the adjustment does not differ from the intended use? |
| --- | --- |

1.

Must Articles 184 and 185 of the VAT Directive 2006 (1) be interpreted as meaning that a taxable person who, at the time of acquiring goods or services, has failed to deduct input tax (‘the initial deduction’) within the applicable national time limit in accordance with the intended use for tax purposes, is entitled, when an adjustment is made — on the occasion of the subsequent first use of those goods or services — to make that deduction if the actual use at the time of the adjustment does not differ from the intended use?

| 2. | Is the answer to Question 1 affected by the fact that the failure to make the initial deduction does not involve fraud or abuse of rights and that no detrimental impact on the treasury has been established? |
| --- | --- |

2.

Is the answer to Question 1 affected by the fact that the failure to make the initial deduction does not involve fraud or abuse of rights and that no detrimental impact on the treasury has been established?

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

---
# C_2022191EN.01000802.xml

| 10.5.2022 | EN | Official Journal of the European Union | C 191/8 |
| --- | --- | --- | --- |

10.5.2022

EN

Official Journal of the European Union

C 191/8

---

Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 22 December 2021 — Uniunea Producătorilor de Fonograme din România (UPFR) v Societatea Națională de Transport Feroviar de Călători (SNTFC) ‘CFR Călători’ SA

(Case C-826/21)

(2022/C 191/11)

Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings

Applicant at first instance and appellant: Uniunea Producătorilor de Fonograme din România (UPFR)

Defendant at first instance and respondent: Societatea Națională de Transport Feroviar de Călători (SNTFC) ‘CFR Călători’ SA

Questions referred

| 1. | Does a rail carrier which uses train carriages in which sound systems intended for the communication of information to passengers are installed thereby make a communication to the public within the meaning of Article 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (1)? |
| --- | --- |

1.

Does a rail carrier which uses train carriages in which sound systems intended for the communication of information to passengers are installed thereby make a communication to the public within the meaning of Article 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (1)?

| 2. | Does Article 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society preclude national legislation which establishes a rebuttable presumption of communication to the public on the basis of the existence of sound systems, where those sound systems are required by other provisions of law governing the carrier’s activity? |
| --- | --- |

2.

Does Article 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society preclude national legislation which establishes a rebuttable presumption of communication to the public on the basis of the existence of sound systems, where those sound systems are required by other provisions of law governing the carrier’s activity?

---

(1)  OJ 2001 L 167, p. 10.

---