alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# CE2004065EN.01019001.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/190 |
| --- | --- | --- | --- |

13.3.2004

EN

Official Journal of the European Union

CE 65/190

---

(2004/C 65 E/207)

WRITTEN QUESTION P-2731/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(10 September 2003)

Subject:   Framework agreement on customs union between Turkey and the northern part of Cyprus

Subject:

The Turkish Government has signed a ‘framework agreement’ on customs union with the self-proclaimed ‘Turkish Democracy of North Cyprus’, which is neither an independent state nor a recognised entity under international law or UN resolutions.

Since the signing of this agreement represents a flagrant violation of the principles of international law, the UN charter and the Security Council's decisions and the principles and decisions of the EU and conflicts with the institutional framework of relations between the EU and the Republic of Cyprus as well as with Turkey's application for accession, could the Commission say whether its opinion was sought before the signing of the ‘framework agreement’, whether that agreement is consistent with the principles and provisions of the association and customs union agreements between Turkey and the EU, and whether it considers that it is likely to influence Turkey's progress towards accession and the evaluation of its candidature by the competent Community bodies?

Joint answer

to Written Questions E-2679/03 and P-2731/03

given by Mr Verheugen on behalf of the Commission

(1 October 2003)

(1 October 2003)

The Commission regrets the signing on 8 August 2003 of the so called ‘customs union framework agreement’ between Turkey and northern Cyprus (TRNC). This ‘agreement’ has no legal validity under international law and was signed without any prior consultation with the Union. The Union has made it clear to the Turkish Government that ratification of the so called ‘framework agreement’ would be in breach with the customs union between the Community and Turkey and would not be conducive to a settlement of the Cyprus problem.

With regard to the fears expressed by the Honourable Members concerning exports from northern Cyprus, the Commission wishes to underline that in order to benefit from the preferential treatment provided for by the EC-Cyprus Association Agreement, imports from Cyprus must be covered by origin certificates issued by the recognised authorities in accordance with the decision of the Court of Justice from 1994 (Anastasiou Pissouri Ltd and Others). The Origin certificates are checked by the customs authorities of the Member States. If products covered by irregular certificates were to be released for circulation, the Commission and Member States could take the appropriate measures at customs level.

---
#### TOTZ COAL CO. v. CREECH et al.

Court of Appeals of Kentucky.

Dec. 21. 1951.

*925James Sampson, Edward G. Hill, Harlan, for appellant.

George R. Pope, Harlan, for appellees.

LATIMER, Justice.

The Totz Coal Company appeals from a judgment of the Harlan Circuit Court affirming an award of the Kentucky Workmen’s Compensation Board in favor of ap-pellee, Oscar Creech. The sole question presented here is whether or not appellee received an accidental injury arising out of and in the course of his employment for which compensation may be awarded under the Workmen’s Compensation Act, KRS 342.001 et seq.

Appellee was injured while working in the mines of appellant. At the time of injury, he was unloading “jack timbers” from-•a coal car under a low ceiling. While lifting this heavy timber he claims to have felt “something tear loose in his abdomen near or just a little below the stomach”,, with resultant continuous internal hemor--rhaging. Claim for adjusted compensation was filed before the Workmen’s Compensation Board. Appellant denied liability,, contending that appellee’s condition was-due to either a pre-existing ulcerated stomach or intestines.

In his application before the Workmen’s Compensation Board appellee claimed and prayed for an award based upon total and permanent disability. After -a hearing, the referee found that prior to the injury the plaintiff was suffering from a pre-existing ulcerated condition of his stomach and bowels causing a disability of 50% to the body as a whole and awarded compensation accordingly.

The above finding of fact was based upon voluminous testimony introduced herein. This testimony, though somewhat conflicting, was given by fellow workmen, doctors, and other employees of the company.

Apparently the appellant’s position is that appellee was not injured by reason of an accident arising in the course of his employment. It is maintained that there was no traumatic injury by accident. Hollenbach v. Hollenbach, 181 Ky. 262, 204 S.W. 152, 13 A.L.R. 524, is cited and relied on for a -correct definition of the word “accident”, which is defined as something “unusual, unexpected, ánd undesigned,” and includes an “unexpected or unusual event happening with or without negligence.” We have no quarrel with the definition as found in the Hollenbach case. However, we need only call attention to the fact that Creech was unloading heavy timber and in lifting this timber he felt a sudden pain. Something unusual and unexpected did happen, with incapacitating results. See Harlan-Wallins Coal Corp. v. Lawson, Ky., 242 S.W.2d 999. The pre-existing condition may have contributed somewhat to the ultimate results. In fact, the board so found. The finding was not without supporting evidence'-of substance. We are *926bound by the rule that the Board’s findings of fact are conclusive if supported by substantial evidence. No inconsistency appears either in the findings of fact or application of the law.

The judgment is affirmed.
Case 6:22-cr-00017-H-BU Document 24 Filed 08/25/22 Page 1 of 2 PageID 48
Case 6:22-cr-00017-H-BU Document 24 Filed 08/25/22 Page 2 of 2 PageID 49
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

REAPPOINTMENT TO THE PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY BOARD OF TRUSTEES AND DESIGNATION OF VICE

- CHAIR :

:

:

:

:

:

: N O

. 81

CLIENT SECURITY APPOINTMENT DOCKET

ORDER

PER CURIAM

AND NOW , this 8 th day of February

, 202 3

, Bruce S. Zero, Esquire, Lackawanna

County, is hereby reappointed as a member of the Pennsylvania Lawyers Fund for Client

Security Board of Trustees for a term of three years commencing April 1, 2023 and is

designated as Vice

- Chair , effective that date

.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALLEN HAMMLER,

Plaintiff

- Appellant,

v.

DAVID BAUGHAM; et al.,

Defendants

- Appellees. No. 20

- 16089

D.C. No. 2:19

- cv

- 00245

- TLN

- CKD

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted March 16, 2021 * *

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

California state prisoner Allen Hammler appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a First

Amendment retaliation claim . We have jurisdiction under 2 8 U.S.C. § 1291. We

review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAR 19 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 16089

Hayes , 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Hammler’s action because Hammler

failed to allege facts sufficient to show that defendants took an adverse action

against him because of his protected conduct. See Brodheim v. Cry , 584 F.3d

1262, 1269 (9th Cir. 2009) (elements of a First Amendment retaliation claim in the

prison context ).

To the extent that Hammler alleged deficiencies in the grievance process, the

district court properly dismissed these claims because “inmates lack a separate

constitutional entitlement to a specific prison grievance procedure.” Ramirez v.

Galaza , 334 F.3d 850, 860 (9th Cir. 2003).

AFFIRMED.
Case 2:22-cr-00048-Z-BR Document 32 Filed 08/25/22 Page 1 of 1 PageID 77
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FT. WORTH DIVISION

ROBERT (BOB) ROSS, §

Plaintiff/Counterclaim Defendant, §

§

v. § Civil Action No. 4:22-CV-00343-Y

§

ASSOCIATION OF PROFESSIONAL §

FLIGHT ATTENDANTS, et al. §

Defendants/Counterclaim Plaintiff. §

EUGENIO VARGAS, §

Plaintiff/Counterclaim Defendant, §

§

v. § Civil Action No. 4:22-CV-00430-Y

§

ASSOCIATION OF PROFESSIONAL §

FLIGHT ATTENDANTS, et al. §

Defendants/Counterclaim Plaintiff. §

NOTICE OF WITHDRAWAL OF MOTIONS FOR LEAVE TO FILE 

COMES NOW, Robert “Bob” Ross and Eugenio Vargas, Defendants in the aboveentitled causes and hereby withdraws their Motions for Leave to File Amended Complaints and 

Briefs in Support filed on April 8, 2023, based on updates needed to Certificate of Conferences 

filed therein. The Docket numbers for the withdrawn filings include 85 and 86 for 22-CV-00343-

Y, and 82 and 83 for 22-CV-00430-Y, respectively. 

 Date: April 11, 2023 Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

 By: /s/Kerri Phillips

 Kerri Phillips

Texas Bar No. 24065906 

Phone: (972) 327-5800

Email: kerri@KDphillipslaw.com

6010 W. Spring Creek Parkway

Plano, Texas 75024

Fax: (940) 400-0089

notice@KDphillipslaw.com

ATTORNEY FOR PLAINTIFFS

Case 4:22-cv-00430-Y Document 84 Filed 04/11/23 Page 1 of 2 PageID 3365
2

CERTIFICATE OF SERVICE

I certify that true and correct copy of this document was sent to all counsel of 

record, hereunder listed via ECF filing on this the 11th day of April 2023.

William Osborne, Sanford Denison, Michael Rake

/s/Kerri Phillips

Kerri Phillips

CERTIFICATE OF SERVICE

I certify that true and correct copy of this document was sent to all counsel of 

record, hereunder listed via ECF filing on this the 11th day of April 2023.

William Osborne, Sanford Denison

/s/Kerri Phillips

Kerri Phillips

Case 4:22-cv-00430-Y Document 84 Filed 04/11/23 Page 2 of 2 PageID 3366
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JENNIFER VANDERSTOK et al.,

 Plaintiffs, Case No. 4:22-cv-00691-O

 v.

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States et al., 

 Defendants.

PROPOSED ORDER

Came on this day Defendants’ Motion to Exceed Page Limits, and the Court having read 

the motion and pleadings on file is of the opinion that the motion is meritorious and should be 

GRANTED. It is therefore ORDERED that Defendants have leave to file the closing merits brief 

attached to their motion (ECF No. 198-1), which does not exceed 55 pages.

Dated: ___________________, 2022 ________________________________

REED O’CONNOR

UNITED STATES DISTRICT JUDGE

Case 4:22-cv-00691-O Document 198-2 Filed 04/06/23 Page 1 of 1 PageID 4153
cimarron_ex41.htm

EXHIBIT 4.1
   
   
   
   
    	 
	  1


	  

	 


   
  
   
   
  2
EXHIBIT
32.1
 
 Section
1350 Certification
 
 In
connection with the Quarterly Report of Digital Lifestyles Group Inc. (the
“Company”) on Form 10-Q for the period ended March 31, 2009 as filed with the
Securities and Exchange Commission (the “Report”), I, Ken Page, Chief Executive
Officer and principal financial and accounting officer, of the Company, certify,
pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 906 of the
Sarbanes-Oxley Act of 2002, that:
  1.
              The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended,
  and
  2.
              The
      information contained in the Report fairly presents, in all material
      respects, the financial conditions and results of operations of the
      Company.
  August
      28, 2009
                      By:
                      /s/ Ken
      PageKen
      Page
                        Chief
      Executive Officer, principal executive officer, principal financial and
      accounting officer
   A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
#### Patricia O. Wilson, Respondent, v Nationwide Mutual Insurance Company et al., Appellants.

Judgment reversed on the law without costs and new trial granted. Memorandum: Defendant contends that the trial court erred in charging the jury that, if any term used in the insurance policy was susceptible to more than one interpretation, the term must be construed in favor of the insured. Since the interpretation of the policy’s ambiguous terms was without reference to extrinsic proof, it was for the court to determine as a matter of law *(see, Hartford Acc. & Indem. Co. v Wesolowski,*33 NY2d 169, 172). Here, the court properly charged the jury on the meaning of the words in the policy and then erroneously instructed the jury to resolve any ambiguity in the language of the policy against the insurer. Because that erroneous instruction may have caused the jury to place the burden of proof on the defendant, we reverse and grant a new trial.

All concur, except Callahan, J. P., who dissents and votes to affirm. (Appeal from judgment of Supreme Court, Ontario County, Boehm, J.—declaratory judgment.) Present—Callahan, J. P., Doerr, Boomer, Pine and Lawton, JJ.
EXHIBIT 99.1

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 R-B Rubber Products, Inc. (the "Company") on Form 10-QSB for the quarter ended
October 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gregory J. Divis, Director and President of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|                                                                                                       |  | 
|------------------------------------------------------------------------------------------------------ |  | 
|/s/GREGORY J. DIVISGregory J. Divis
Director and President
R-B Rubber Products, Inc.
December 16, 2002 |  | 

19

---

QuickLinks
<PAGE>   1
                                                                   EXHIBIT 11.01

              STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE
                      (in thousands, except per share data)



<TABLE>
<CAPTION>
                                       Three Months Ended June 30,         Nine Months Ended June 30,
                                       ---------------------------         --------------------------
                                        1997               1996              1997             1996
                                       ------              -----            -------          -------
<S>                                     <C>                <C>                <C>              <C>  
Weighted average common shares
  outstanding during the period         5,985              5,894              5,967            5,869

Common share equivalents                    0                133                  0              273
                                       ------              -----            -------          -------

Total                                   5,985              6,027              5,967            6,142
                                       ======              =====            =======          =======



Net income (loss)                      $ (849)             $  39            $(4,336)         $ 4,650
                                       ======              =====            =======          =======



Net income (loss) per share            $(0.14)             $0.01            $ (0.73)         $  0.76
                                       ======              =====            =======          =======
</TABLE>
SCWC-14-0001139 IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

STATE OF HAWAI ʻ I, Respondent/Plaintiff-Appellee,

vs. ALFRED W.K. COMBES, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0001139; CR. NO. 12-1-1895) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Reck tenwald, C.J., Nak ayama, Mc Kenna, Po llack, an d Wilson, JJ.) Upon consideration of Petitioner/Defendant-Appellant Alfred W.K. Combes’s application for writ of certiorari, it appears that Combes’s application was due on January 26, 2017, which was 30 days after the Intermediate Court of Appeals’ December 27, 2016 judgment. Hawai ʻ i Revised Statutes (HRS) § 602-59(c) (Supp. 2014); Hawai ʻ i Rules of Appellate Procedure (HRAP) Rule 40.1(a)(1)(2016). Combes’s application was filed on January 27, 2017. The application is untimely and thus, this court lacks appellate jurisdiction. Therefore, Electronically Filed Supreme Court SCWC-14-0001139 03-FEB-2017 09:57 AMIT IS HEREBY ORDERED that the application for writ of

certiorari is dismissed. DATED: Honolulu, Hawai ʻ i, February 3, 2016. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson

2
Department of the Treasury Quarterly FOIA Report

Fiscal Year 2023, Quarter Q3

1. Ten Oldest Pending Requests: 10

2. Ten Oldest Requests Closed: 1

3. Agency Component Abbreviations

Component 

Abbreviation Component Name

DO Departmental Offices

TTB Alcohol and Tobacco Tax and Trade Bureau

BEP Bureau of Engraving and Printing

OCC Office of the Comptroller of the Currency

FinCEN Financial Crimes Enforcement Network

Fiscal Service Bureau of the Fiscal Service

MINT United States Mint

TIGTA Treasury Inspector General for Tax Administration

IRS Internal Revenue Service - Headquarters Office

Agency / 

Component

Number of requests 

backlogged

Number of requests 

processed

Number of requests 

received

DO 1357 172 178
TTB

9 14 21

BEP 18 18 21

OCC 17 508 545

FinCEN 42 61 55

Fiscal Service 14 97 117

MINT 107 11 27

TIGTA2 136 163

IRS 877 1732 1898
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 17-15479

Non-Argument Calendar

________________________

D.C. Docket No. 8:16-cr-00517-VMC-AEP-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

RICHMOND JOSEPH MCDONALD,

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(September 6, 2018)

Before MARCUS, MARTIN and JILL PRYOR, Circuit Judges.

PER CURIAM:

The Government’s motion to dismiss this appeal pursuant to the appeal 

waiver in Appellant’s plea agreement is GRANTED. See United States v. Bushert, 

Case: 17-15479 Date Filed: 09/06/2018 Page: 1 of 2 
2

997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced 

if it was made knowingly and voluntarily); United States v. Bascomb, 451 F.3d 

1292, 1297 (11th Cir. 2006) (a defendant is “free to bargain away his right to raise 

constitutional issues as well as non-constitutional ones”); United States v. GrinardHenry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal 

includes waiver of the right to appeal difficult or debatable legal issues or even 

blatant error).

Case: 17-15479 Date Filed: 09/06/2018 Page: 2 of 2
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CLINICOR,
INC. FINANCIAL STATEMENTS AS OF JUNE 30, 2000, AND FOR THE 3- AND 6-MONTH
PERIODS ENDED JUNE 30, 2000, AND THE ACCOMPANYING NOTES AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                       DEC-31-2000          DEC-31-2000
<PERIOD-START>                          APR-01-2000          JAN-01-2000
<PERIOD-END>                            JUN-30-2000          JUN-30-2000
<CASH>                                       29,436               29,436
<SECURITIES>                                      0                    0
<RECEIVABLES>                             1,215,408            1,215,408
<ALLOWANCES>                                 20,000               20,000
<INVENTORY>                                       0                    0
<CURRENT-ASSETS>                          1,544,210            1,544,210
<PP&E>                                    1,968,656            1,968,656
<DEPRECIATION>                            1,036,895            1,036,895
<TOTAL-ASSETS>                            2,487,418            2,487,418
<CURRENT-LIABILITIES>                     3,904,959            3,904,959
<BONDS>                                      37,828<F1>           37,828<F1>
<PREFERRED-MANDATORY>                             0                    0
<PREFERRED>                               9,423,000            9,423,000
<COMMON>                                      4,170                4,170
<OTHER-SE>                              (11,062,539)         (11,062,539)
<TOTAL-LIABILITY-AND-EQUITY>              2,487,418            2,487,418
<SALES>                                   1,283,219            2,691,084
<TOTAL-REVENUES>                          1,283,219            2,691,084
<CGS>                                     1,036,241            2,148,624
<TOTAL-COSTS>                             1,925,410            3,986,326
<OTHER-EXPENSES>                                  0                    0
<LOSS-PROVISION>                                  0                    0
<INTEREST-EXPENSE>                          (41,774)<F2>         (86,746)<F2>
<INCOME-PRETAX>                            (683,965)          (1,381,988)
<INCOME-TAX>                                      0                    0
<INCOME-CONTINUING>                        (683,965)          (1,381,988)
<DISCONTINUED>                                    0                    0
<EXTRAORDINARY>                                   0                    0
<CHANGES>                                         0                    0
<NET-INCOME>                               (683,965)          (1,381,988)
<EPS-BASIC>                                   (0.22)               (0.45)
<EPS-DILUTED>                                 (0.22)               (0.45)

<FN>
<F1>CONSISTS OF CAPITALIZED LEASE OBLIGATIONS, EXCLUDING CURRENT PORTIONS
<F2>NET INTEREST EXPENSE IS NET OF INTEREST REVENUE
</FN>


</TABLE>