alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009113EN.01001802.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/18 |
| --- | --- | --- | --- |

16.5.2009

EN

Official Journal of the European Union

C 113/18

---

Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities

(Case C-231/08 P) (1)

1

(Appeal - Community civil service - Right to a fair hearing - Infringement of Articles 4, 27 and 29 of the Staff Regulations - Principle of non-discrimination - Interest of the service and duty of care - Distortion of the evidence and rules on evidence - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2009/C 113/36

Language of the case: French

Parties

Parties

Appellant: Massimo Giannini (represented by: L. Levi and C. Ronzi, avocats)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, Agents)

Other party to the proceedings:

Re:

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T-100/04 Giannani v Commission in which the Court dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01 with a view to constituting a reserve list for the recruitment of administrators in the fields of economics and statistics not to include his name on the competition reserve list and for damages to be awarded — Infringement of right to a fair hearing by reason of the excessive length of the procedure — Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care — Infringement of the principle of non-discrimination and the rules on evidence

Giannani

Commission

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | The appellant is ordered to pay the costs. |
| --- | --- |

2.

The appellant is ordered to pay the costs.

---

(1)  OJ C 223, 30.8.2008.

1

---
I 

115TH CONGRESS 

1ST SESSION H. R. 4264 

To direct the Secretary of the Interior to convey certain Bureau of Land 

Management land in Cache County, Utah, to the City of Hyde Park 

for public purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 7, 2017 

Mr. BISHOP of Utah introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior to convey certain 

Bureau of Land Management land in Cache County, 

Utah, to the City of Hyde Park for public purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hyde Park Land Con5 veyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) CITY.—The term ‘‘City’’ means the City of 

9 Hyde Park, Utah. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 4264 IH

1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 3. LAND CONVEYANCE, CITY OF HYDE PARK, UTAH. 

4 (a) CONVEYANCE REQUIRED.—Subject to valid exist5 ing rights, if the City submits a written request to the 

6 Secretary not later than 90 days after the date of enact7 ment of this Act requesting the conveyance of the Bureau 

8 of Land Management land described in subsection (b) for 

9 public purposes, the Secretary shall convey, without con10 sideration and by quitclaim deed, to the City all right, 

11 title, and interest of the United States in and to the parcel 

12 of land, including improvements thereon, described in sub13 section (b). 

14 (b) DESCRIPTION OF LAND.— 

15 (1) IN GENERAL.—The parcel of Bureau of 

16 Land Management land and any improvements to be 

17 conveyed under subsection (a) is the approximately 

18 80-acre parcel identified on the map entitled ‘‘Hyde 

19 Park Land Conveyance Act,’’ and dated October 23, 

20 2017. 

21 (2) AVAILABILITY OF MAP.—The map referred 

22 to in paragraph (1) shall be kept on file and avail23 able for public inspection in the appropriate office of 

24 the Bureau of Land Management. The Secretary 

25 may correct minor errors in the map. 


sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 4264 IH

1 (c) SURVEY.—The exact acreage and legal descrip2 tion of the Bureau of Land Management land to be con3 veyed under subsection (a) shall be determined by a survey 

4 satisfactory to the Secretary. 

5 (d) COSTS OF CONVEYANCE.—As a condition for the 

6 conveyance under subsection (a), all costs associated with 

7 such conveyance shall be paid by the City. 

8 (e) TIME FOR COMPLETION OF CONVEYANCE.—The 

9 Secretary shall complete the conveyance under subsection 

10 (a) not later than one year after the date on which the 

11 City submits the written request described in such sub12 section. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS
**Exhibit 32.1**

**CERTIFICATE OF PRINCIPAL EXECUTIVE OFFICERPursuant to Section 906(a) of the Sarbanes-Oxley Act of 2002Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18United States Code**

The undersigned, being the Principal Executive Officerof Enbridge Energy Partners, L.P. (the “Partnership”), hereby certifies thatthe Partnership’s Quarterly Report on Form 10-Q for the quarterly periodended March 31, 2007, filed with the United States Securities and ExchangeCommission pursuant to Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m or 78o(d)), fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, and that information contained in such Quarterly Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Partnership.

Asigned original of this written statement required by Section 906, orother document authenticating, acknowledging or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to thePartnership and will be retained by the Partnership and furnished to theSecurities and Exchange Commission or its staff upon request.
| Date: April 30, 2007 |     |                            |
|----------------------|----------|---------------------------------|
|                 | By:      | /s/ STEPHEN J.  J. LETWIN       |
| * *             | * * | Stephen J. J. Letwin            |
| * *             | * * | *Managing Director*             |
| * *             | * * | *(Principal Executive Officer)* |

 

----
# C_2009205EN.01001602.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/16 |
| --- | --- | --- | --- |

29.8.2009

EN

Official Journal of the European Union

C 205/16

---

Order of the Court of 5 May 2009 — Atlantic Dawn and Others v Commission of the European Communities, Kingdom of Spain

(Case C-372/08 P) (1)

1

(Appeal - Regulation (EC) No 147/2007 - Reduction in mackerel quotas allocated to Ireland for years 2007 to 2012 - Action for annulment of Regulation No 147/2007 brought by a group of Irish fishermen comprising 20 out of 23 licence holders from the Refrigerated Sea Water pelagic fleet - Inadmissibility - Appeal clearly unfounded)

2009/C 205/29

Language of the case: English

Parties

Parties

Appellants: Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O’Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd, Colmcille Fishing Ltd (represented by: G. Hogan, SC, N. Travers, BL, T. O’Sullivan, BL, and D. Barry, solicitor)

Appellants:

Other parties to the proceedings: Commission of the European Communities (represented by: K. Banks, Agent), Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Other parties to the proceedings:

Re:

Re:

Appeal against the order of 2 June 2008 in Case T-172/07 Atlantic Dawn and Others v Commission by which the Court of First Instance (Seventh Chamber) declared inadmissible an action for the annulment of Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy — Requirement that the contested measure must be of direct concern

Atlantic Dawn and Others

Commission

Operative part of the order

Operative part of the order

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O’Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd and Colmcille Fishing Ltd to pay their own costs. |
| --- | --- |

2.

Orders Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O’Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd and Colmcille Fishing Ltd to pay their own costs.

---

(1)  OJ C 285, 08.11.2008.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6203

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BARRY R. BIBB,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Charlottesville. James H. Michael, Jr.,

Senior District Judge. (CR-97-56)

Submitted: April 12, 2001 Decided: April 19, 2001

Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Barry R. Bibb, Appellant Pro Se. Jean Barrett Hudson, OFFICE OF THE

UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Barry R. Bibb appeals the district court’s order denying his

motion for calculation of a term of imprisonment. We have reviewed

the record and the district court’s opinion and find no reversible

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

court. See United States v. Bibb, No. CR-97-56 (W.D. Va. Jan. 16,

2001). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE CONSOLIDATED
BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND IN THE COMPANY'S
10-Q FOR THE YEAR TO DATE AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                       4,132,289
<SECURITIES>                                         0
<RECEIVABLES>                               21,850,149
<ALLOWANCES>                                 (642,877)
<INVENTORY>                                 16,901,070
<CURRENT-ASSETS>                            44,291,329
<PP&E>                                       8,203,451
<DEPRECIATION>                               2,644,415
<TOTAL-ASSETS>                              93,680,645
<CURRENT-LIABILITIES>                       21,544,492
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    49,849,575
<OTHER-SE>                                  22,286,578
<TOTAL-LIABILITY-AND-EQUITY>                93,680,645
<SALES>                                     51,494,920
<TOTAL-REVENUES>                            51,494,920
<CGS>                                       21,176,572
<TOTAL-COSTS>                               42,075,327
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               100,509
<INTEREST-EXPENSE>                              39,629
<INCOME-PRETAX>                              9,630,675
<INCOME-TAX>                                 3,659,866
<INCOME-CONTINUING>                          9,630,675
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,526,426
<EPS-PRIMARY>                                     0.95
<EPS-DILUTED>                                     0.90
        

</TABLE>
Order entered July 20 , 2017

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 17 - 00583 - CV CITY OF LANCASTER, Appellant

V. WHITE ROCK COMMERCIA L, LLC, Appellee On Appeal from the 1 91st Judicial District Court

Dallas County, Texas Trial Court Cause No. DC - 14 - 06471



### O RDER Before the Court are appellant’s July 18, 2017 motion to incorporate the record and briefs from interlocutory appeal and unopposed motion to extend time to file app ellant’s brief. We GRANT appellant’s motions to the extent that we DIRECT the Clerk of this Court to transfer the clerk’s record and reporter’s record from appellate ca u se number 05

- 16

- 00842

- CV into this appeal . We ORDER appellant’s brief filed on or bef ore September 6, 2017
. /s/ CRAIG STODDART JUSTICE
Exhibit 21

GEHL COMPANY

LIST OF GEHL COMPANY
SUBSIDIARY COMPANIES

|Name                                          | Percent ofOwnership | DateAcquired/Formed | CountryDomiciled
|--------------------------------------------- | ------------------- | ------------------- | ----------------
|Gehl Power Products, Inc.                     | 100%                | 1/98                | U.S             
|Mustang Manufacturing Company, Inc.           | 100%                | 9/97                | U.S.            
|Compact Equipment Attachments Inc. (CEA Inc.) | 100%                | 10/00               | U.S.            
|Gehl Europe GmbH                              | 100%                | 2003                | Germany         
|Gehl Receivables II, LLC                      | 100%                | 2006                | U.S.            
|Gehl Funding II, LLC                          | 100%                | 2006                | U.S.
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88586-88587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28216]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD592]


North Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of webconference.

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

SUMMARY: The North Pacific Fishery Management Council (Council) Bering 
Sea Fishery Ecosystem Plan (BS FEP) Team will be held on January 9, 
2024.

DATES: The meeting will be held on Tuesday, January 9, 2024, from 9:30 
a.m. to 12:30 p.m., Alaska Time.

ADDRESSES: The meeting will be a webconference. Join online through the 
link at https://meetings.npfmc.org/Meeting/Details/3027.
    Council address: North Pacific Fishery Management Council, 1007 W 
3rd Ave., Suite 400, Anchorage, AK 99501-2252; telephone: (907) 271-
2809. Instructions for attending the meeting are given under 
SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Diana Evans, Council staff; phone: 
(907) 271-2809 and email: <a href="/cdn-cgi/l/email-protection#492d20282728672c3f28273a0927262828672e263f"><span class="__cf_email__" data-cfemail="1b7f727a757a357e6d7a75685b75747a7a357c746d">[email protected]</span></a>. For technical support, 
please contact our administrative staff; email: <a href="/cdn-cgi/l/email-protection#7a140a1c1719541b1e1713143a14151b1b541d150c"><span class="__cf_email__" data-cfemail="f39d83959e90dd92979e9a9db39d9c9292dd949c85">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Agenda

Tuesday, January 9, 2024

    The agenda will include: (a) recommend top 3-5 research priorities 
for Scientific and Statisical Committee; (b) discuss next steps for BS 
FEP team; and (c) other business. The agenda is subject to change, and 
the latest version will be posted at https://meetings.npfmc.org/Meeting/Details/3027 prior to the meeting, along with meeting 
materials.

[[Page 88587]]

Connection Information

    You can attend the meeting online using a computer, tablet, or 
smart phone; or by phone only. Connection information will be posted 
online at: https://meetings.npfmc.org/Meeting/Details/3027.

Public Comment

    Public comment letters will be accepted and should be submitted 
electronically to https://meetings.npfmc.org/Meeting/Details/3027.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 18, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2023-28216 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-22-P


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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-1490

In Re: FRANK PAUL LUKACS,

Petitioner.

On Petition for Writ of Mandamus. (CA-96-2913-PJM)

Submitted: May 14, 1998 Decided: May 27, 1998

Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Frank Paul Lukacs, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Frank Paul Lukacs filed a petition for a writ of mandamus

requesting that this court order the district court: (1) to vacate

three of its orders; (2) to permit Lukacs to file pleadings,

motions, affidavits, and appeals; (3) to reevaluate his motion for

injunctive relief in light of the factors enumerated in Blackwelder

Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189, 195-96 (4th Cir.

1977); (4) to specify the court's reasons for denying his motion

for injunctive relief; and (5) to grant his motion for permanent

injunction against the federal government's affirmative action

program. Lukacs raised these issues on appeal and this Court denied

relief. See Lukacs v. Shalala, No. 97-2047 (4th Cir. Jan. 26, 1998)

(unpublished). In this mandamus petition, Lukacs failed to establish that he has a clear right to the relief sought and that no

other remedy is adequate. See In re First Fed. Sav. & Loan Ass'n,

860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus may not be

used as a substitute for appeal. See In re United Steelworkers, 595

F.2d 958, 960 (4th Cir. 1979). We therefore deny Lukacs's petition

for a writ of mandamus. We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

PETITION DENIED
**Judgment of the Court (Fourth Chamber) of 15 October 2009 – Commission v Germany**

**(Case C‐275/08)**

Failure of a Member State to fulfil obligations – Directive 93/36/EEC – Public supply contracts – Supply of software designed for motor vehicle registration – Negotiated procedure without prior publication of a contract notice

1.                     *Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – Exercise of that right
not dependent on a specific interest in bringing an action (Art. 226 EC) (see paras 26-27)*

2.                     *Approximation of laws – Review procedures in respect of the award of public supply and public works contracts – Directive
89/665 (Art. 226 EC; Council Directive 89/665) (see paras 30-42)*

3.                     *Approximation of laws – Procedures for the award of public supply contracts – Directive 93/36 – Derogations from common rules
(Council Directive 93/36, Art. 6(2) and (3)) (see paras 54-56)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Infringement of Article 6, in conjunction with Article 9, of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) – Contract for the supply of a software application designed for motor vehicle registration concluded without contracting procedures between two bodies governed by public law responsible for data-processing on behalf of local authorities. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts; |

| | | |
| --- | --- | --- |
| 2. | | Orders the Federal Republic of Germany to pay the costs. |
NOTE: This order is nonprecedential. 

Wintteb ~tate5 QCourt of ~eaI5 

for tbe jfeberaI QCtrcutt 

IN RE ABBOTT DIABETES CARE, INC. 

2011-1516, -1517 

(Reexamination Nos. 90/007,903, 90/007,910) 

Appeal from the United States Patent and Trademark 

Office, Board of Patent Appeals and Interferences. 

ON MOTION 

Before REYNA, Circuit Judge. 

ORDER 

DexCom, Inc. moves for leave to file a brief amicus curiae in support of the United States Patent and Trademark Office. Abbott Diabetes Care, Inc. opposes. 

DexCom, Inc. replies. 

Upon consideration thereof, 

IT Is ORDERED THAT: 

The motion is denied. 
IN RE ABBOTT DIABETES 

FEB 292012 

Date 

cc: Gregory A. Castanias, Esq. 

s25 

Raymond T. Chen, Esq. 

Brian M. Kramer, Esq. 

FOR THE COURT 

lsI Jan Horbaly 

Jan Horbaly 

Clerk 

FILED 

2 

u.s. COURT OF APPEALS FOR 

THE FEDERAL CIRCUIT 

FEB 292012 

JAN HORBAlY 

CLERK
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 18, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 133219 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 133219 

 COA: 271000 
 Wayne CC: 99-002051-01

WESLEY D. SANDERS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the December 27, 2006 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

d0711 

I, Corbin R. Davis, 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. 

July 18, 2007 

 Clerk