alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019139EN.01009401.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/94 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/94

---

Action brought on 20 February 2019 — Kampete v Council

(Case T-113/19)

(2019/C 139/94)

Language of the case: French

Parties

Applicant: Ilunga Kampete (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois, and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Council Decision (CFSP) 2018/1940 of 10 December 2018, in so far as the applicant remains at No 1 in Annex II to Decision 2010/788/CFSP; |
| --- | --- |

—

annul Council Decision (CFSP) 2018/1940 of 10 December 2018, in so far as the applicant remains at No 1 in Annex II to Decision 2010/788/CFSP;

| — | annul Council Implementing Regulation (EU) 2018/1931 of 10 December 2018, in so far as the applicant remains at No 1 in Annex Ia to Regulation (EC) No 1183/2005; |
| --- | --- |

—

annul Council Implementing Regulation (EU) 2018/1931 of 10 December 2018, in so far as the applicant remains at No 1 in Annex Ia to Regulation (EC) No 1183/2005;

| — | rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) 1183/2005/EC are unlawful; |
| --- | --- |

—

rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) 1183/2005/EC are unlawful;

| — | order the Council to pay the costs. |
| --- | --- |

—

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are in essence identical or similar to those raised in Case T-103/19, Mende Omalanga v Council.

---
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<PAGE>
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EX-4.2



 Exhibit 4.2 





 
  
 COMMON STOCK 
 SHARES 

CUSIP 
 SEE REVERSE FOR CERTAIN DEFINITIONS 

SQZ Biotechnologies Company 
 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE 
 THIS CERTIFIES THAT 
 SPECIMEN 

IS THE RECORD HOLDER OF 
 FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK, $0.001 PAR VALUE PER SHARE, OF 

SQZ Biotechnologies Company 
 transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this certificate properly endorsed. This certificate is not valid unless
countersigned by the Transfer Agent and registered by the Registrar. 
 Witness the facsimile seal of the
Corporation and the facsimile signatures of its duly authorized officers. 
 Dated: 

	
	 COUNTERSIGNED AND REGISTERED

	 AMERICAN STOCK TRANSFER & TRUST COMPANY,
LLC

	 (Brooklyn, NY)

	 TRANSFER AGENT AND REGISTRAR

	 BY

	 AUTHORIZED SIGNATURE


 PRESIDENT 
 TREASURER 







 The following abbreviations, when used in the inscription on the face of this certificate,
shall be construed as though they were written out in full according to applicable laws or regulations: 

													
	 	 	 	 	 	 	 	  	 	 	 	  	 
	TEN COM	 	 	—	 	 	as tenants in common	  	 	UNIF GIFT MIN ACT—	 	  	                Custodian           
     
	TEN ENT	 	 	—	 	 	as tenants by the entireties	  	 	 	 	  	    (Cust)                     (Minor)
	JT TEN	 	 
	—
	 
	 	as joint tenants with right of
survivorship and not as tenants in common	  	 	 	 	  	 under Uniform Gifts to
Minors
Act                                       
     

                    
(State)



					
	Additional abbreviations may also be used though not in the above list.
	
	 For value
received,                                       
                  hereby sell, assign and transfer unto

			
	PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE	  	 	  	 
	 	
	 	  	 


							
	     
     
	  	 
	PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING ZIP CODE OF ASSIGNEE	  	 
		
	 	  	 
		
	 	  	 
		
	 	  	 
		
	 	  	Shares
	of the common stock represented by the within Certificate, and do hereby irrevocably constitute	  	 
	 	  	 


			
	and appoint	  	 
	 	  	 


									
	 	 	 	Attorney	 


	
	to transfer the said stock on the books of the within-named Corporation with full power of substitution in the premises.
	
	 


	
	
Dated,                       
                 



			
	 	 	 
		
	 	 	 
	NOTICE:	 	THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE
WHATEVER.


			
	 	 	 
		
	 	 	Signature(s) Guaranteed:
		
	 	 	 
		
	 	 	THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED
SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.
<PAGE>   1

                                                                    EXHIBIT 23






                         INDEPENDENT AUDITORS' CONSENT



<PAGE>   2

                                                                     EXHIBIT 23




INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference of our reports dated February 14,
1997, appearing in and incorporated by reference in this Annual Report on Form
10-K of American Business Products, Inc. for the year ended December 31, 1996
in the following Registration Statements of American Business Products, Inc.:


<TABLE>
<CAPTION>
              FORM                        FILE NO.
              <S>                         <C>

              S-3                         33-60567
              S-8                         33-53627
              S-8                         33-59271
              S-8                         33-61359
</TABLE>



/s/ DELOITTE & TOUCHE LLP
-------------------------
DELOITTE & TOUCHE LLP
Atlanta, Georgia
March 14, 1997
Exhibit
10.11

     

    
      Agreement
for Repayment of Money

       

       

      Party A:
Xu Jianping

      Party B:
Guangzhou Dongfang Hospital

       

      


      Party B
has owed Party A RMB27,659,977.26 yuan (twenty seven million six hundred fifty
nine thousand nine hundred seventy seven yuan twenty six cents) as of December
31, 2008. Party A and Party B agree as follows after common
discussions:

       

      
        	
                1.

              	
                Of
      the money owed by Party B to Party A, The amount RMB3,659,977.26
      yuan(three million six hundred fifty nine thousand nine hundred seventy
      seven yuan twenty six cents) shall be paid off interest-free by Party B
      before December 31,2010, The specific
      repayment date and time for payment is
      determined
      by the Party
      B.
      The rest amount RMB24,000,000 yuan (twenty four million yuan only) shall
      be paid off with interest by Party B in a period of five years from
      January 1, 2011 to December 31, 2015.

              
	 	 


      

      
        	
                2.

              	
                Party
      B shall pay RMB4,800,000 yuan (four million eight hundred thousand yuan)
      in equal amount to Party A every year, The specific
      repayment date and time for payment is
      determined
      by the Party
      B.

              
	 	 


      

      
        	
                3.

              	
                Party
      B shall pay the interests to Party A according to the simple 5% interest
      rate per annum. The specific payment
      interest
      date
      and time is
      determined
      by the Party
      B.

              
	 	 


      

      
        	
                4.

              	
                If
      there is any newly added loan from Party A to Party B during 2009 and
      2010, the loan shall also be repaid in a period of five years from
      January, 2011 according to this agreement.

              
	 	 


      

      
        	
                5.

              	
                If
      there is any newly added loan from Party A to Party B from January 1,
      2011, the loan shall not be subject to this agreement.

              
	 	 
	6.	The
      effective date of this agreement is December 31,
2008.


      

       

       

      
        	Party A: Xu
      Jianping	Party B: Guangzhou
      Dongfang Hospital (seal)
	/s/ Xu
      Jianping	/s/ Wu
  Pifa
```

[Congressional Record Volume 154, Number 183 (Monday, December 8, 2008)]
[Senate]
[Page S10816]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SENATE RESOLUTION 723--TO PERMIT THE COLLECTION OF CLOTHING, TOYS, 
FOOD, AND HOUSEWARES DURING THE HOLIDAY SEASON FOR CHARITABLE PURPOSES 
                          IN SENATE BUILDINGS

  Mr. McCONNELL (for himself and Mr. Reid) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 723

       Resolved,

     SECTION 1. COLLECTION OF CLOTHING, TOYS, FOOD, AND HOUSEWARES 
                   DURING THE HOLIDAY SEASON FOR CHARITABLE 
                   PURPOSES IN SENATE BUILDINGS.

       (a) In General.--Notwithstanding any other provision of the 
     rules or regulations of the Senate--
       (1) a Senator, officer, or employee of the Senate may 
     collect from another Senator, officer, or employee of the 
     Senate within Senate buildings nonmonetary donations of 
     clothing, toys, food, and housewares for charitable purposes 
     related to serving those in need or members of the Armed 
     Services and their families during the holiday season, if 
     such purposes do not otherwise violate any rule or regulation 
     of the Senate or of Federal law; and
       (2) a Senator, officer, or employee of the Senate may work 
     with a nonprofit organization with respect to the delivery of 
     donations described in paragraph (1).
       (b) Expiration.--The authority provided by this resolution 
     shall expire at the end of the 110th Congress.

                          ____________________
```
#### Wohlfert, Plaintiff in error, vs. The State, Defendant in error.

*April 7*

May *8, 1928.*

*Henry A. Gunderson*of Portage, for the plaintiff in error.

For the defendant in error there was a brief by the *Attorney General, J. E. Messer schmidt,*assistant attorney general, and *Elton J. Morrison,*district attorney of Columbia county, and oral argument by *Mr. Messerschmidt*and *Mr. Morrison.*

Stevens, J.

(1) The first question presented is whether the evidence is sufficient to sustain a conviction. A witness named Buehler testified that he arranged with the defendant to deliver a gallon of moonshine liquor on his premises, — to *112put it on his property when nobody was around, — for which he was to pay $7. Later the gallon, of moonshine liquor came into the possession of Mr. Buehler, but there is no direct proof that the defendant left it on the Buehler premises. Thereafter Mr. Buehler sent the $7 to the defendant, who was told that it was sent by Mr. Buehler. Defendant accepted the money without asking any questions. Mr. Bueh-ler had not arranged with any one else to supply him with this gallon of moonshine liquor. This proof presented a jury issue and is sufficient to sustain the conviction.

(2) When defendant was arrested he had in his possession a check which had been given him by Mr. Buehler as a part of the payment of $7. He refused at first to tell for what the check had been given. Later he asserted that it was for repairs on Mr. Buehler’s gasoline engine. Mr. Buehler testified that he had not ordered the defendant to do' any work on his gasoline engine before the defendant was arrested; that he did not know that the defendant had done work upon his engine, and that he had never received a bill from the defendant for such work. He further testified that defendant had seen him during the trial and tried to induce him to testify that this check was given for work done on the gasoline engine.

When the case was called for argument in this court, an affidavit signed by Mr. Buehler was presented in which he asserts that he did not order moonshine of the defendant and that the $7 given the defendant was to pay for work done on his gasoline engine. In other words, he is now telling the story as he said the defendant tried to induce him to tell it during the trial.

A reading of the testimony of Mr. Buehler carries the conviction that he was telling the truth on the witness stand. If verdicts’ are to be overturned every time a witness attempts to repudiate his testimony by signing a sworn statement, without opportunity to apply the test of cross-exami*113nation, judgments of courts will rest upon a very insecure foundation. Whenever it appears that judgments are procured by false testimony, courts should promptly set them aside. But we are impressed with the fact that this is not such a case. The record satisfies the court that justice has been done and that there is no ground for the granting of a new trial.

*By the Court.*— Judgment affirmed.
#### Moen, Respondent, vs. Madison Railways Company, Appellant.

*May 1*

June *4, 1929.*

For the appellant there was a brief by *Schubring, Ryan, Clarke & Petersen*of Madison, and oral argument by *William Ryan.*

For the respondent there was a brief by *Hill, Thomanm, & Beckwith,*and oral argument by *John T. Harrington,*all of Madison.

Per Curiam.

This case is ruled by the case of *Moen v. Madison Railways Co.,*decided herewith *(ante,*p. 168, 225 N. W. 822). Order reversed, with directions to sustain the demurrer to the complaint. No costs, except clerk’s fees, to be taxed against respondent.
EXHIBIT 31.2
 CERTIFICATION
      a.
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;
 b.
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;
 c.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; and
 d.
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annul report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  a.
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and
 b.
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date: April 16, 2010
    /s/ Andrew C. PlummerAndrew C. Plummer, Vice President,Chief Financial Officer and Secretary
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-1401

EDITH MARLENE MEDRANO,

Petitioner,

v.

LORETTA E. LYNCH, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: December 29, 2016 Decided: January 18, 2017

Before TRAXLER, FLOYD, and HARRIS, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, 

Maryland, for Petitioner. Benjamin C. Mizer, Principal Deputy 

Assistant Attorney General, Bernard A. Joseph, Senior Litigation 

Counsel, Christina J. Martin, Office of Immigration Litigation, 

UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for 

Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Edith Marlene Medrano, a native and citizen of El Salvador, 

petitions for review of an order of the Board of Immigration 

Appeals dismissing her appeal of the immigration judge’s oral 

decision denying her request for a continuance in her removal 

proceedings and ordering her removed from the United States. We 

dismiss the petition for review for lack of jurisdiction.

Based on her counseled admissions before the immigration 

judge, Medrano was found removable on two grounds, including as 

an inadmissible alien who had been convicted of a crime 

involving moral turpitude. See 8 U.S.C. § 1182(a)(2)(A)(i)(I) 

(2012). Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack 

jurisdiction to review the final order of removal of an alien 

convicted of certain enumerated crimes, including a crime 

involving moral turpitude. In this circumstance, we retain 

jurisdiction only over colorable constitutional claims or 

questions of law. 8 U.S.C. § 1252(a)(2)(D) (2012); see Turkson 

v. Holder, 667 F.3d 523, 526–27 (4th Cir. 2012); Gomis v. 

Holder, 571 F.3d 353, 358 (4th Cir. 2009) (“[A]bsent a colorable 

constitutional claim or question of law, our review of the issue 

is not authorized by [8 U.S.C. §] 1252(a)(2)(D).”). 

Medrano asserts in her brief that the immigration judge 

violated due process in adjudicating her request for a 

continuance. Upon review, we find this claim is not 
3

sufficiently colorable to invoke this court’s jurisdiction. 

See, e.g., Jian Pan v. Gonzales, 489 F.3d 80, 84 (1st Cir. 2007) 

(“To trigger our jurisdiction, the putative constitutional or 

legal challenge must be more than a disguised challenge to 

factual findings. The underlying constitutional or legal 

question must be colorable; that is, the argument advanced must, 

at the very least, have some potential validity.”). 

Accordingly, we dismiss the petition for review for lack of 

jurisdiction. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

PETITION DISMISSED
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