alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2005106EN.01000701.xml

| 30.4.2005 | EN | Official Journal of the European Union | C 106/7 |
| --- | --- | --- | --- |

30.4.2005

EN

Official Journal of the European Union

C 106/7

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 3 March 2005

in Case C-414/03: Commission of the European Communities v Federal Republic of Germany (1)

1

(Failure to fulfil obligations - Article 8 of Directive 92/50/EEC - Procedure for awarding contracts for public services - Waste disposal in the Land of Lower Saxony)

(2005/C 106/12)

Language of the case: German

In Case C-414/03 Commission of the European Communities (Agent: K. Wiedner) v Federal Republic of Germany (Agent: W.-D. Plessing and M. Lumma) — action for failure to fulfil obligations under Article 226 EC — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, K. Schiemann (Rapporteur) and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 3 March 2005, in which it:

| 1. | Declares that by the Landkreis Friesland in the Land of Lower Saxony awarding a contract for the disposal of waste without complying with the rules on advertising and the procedure laid down by Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts together with Titles III and VI of that directive, the Federal Republic of Germany has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that by the Landkreis Friesland in the Land of Lower Saxony awarding a contract for the disposal of waste without complying with the rules on advertising and the procedure laid down by Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts together with Titles III and VI of that directive, the Federal Republic of Germany has failed to fulfil its obligations under that directive;

| 2. | Orders the Federal Republic of Germany to pay the costs. |
| --- | --- |

2.

Orders the Federal Republic of Germany to pay the costs.

---

(1)  OJ 2003 C 275 of 15.11.2003.

1

---
# C_2005006EN.01003702.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/37 |
| --- | --- | --- | --- |

8.1.2005

EN

Official Journal of the European Union

C 6/37

---

Action brought on 23 September 2004 by Heuschen & Schrouff Oriëntal Foods Trading B.V. against the Commission of the European Communities

(Case T-382/04)

(2005/C 6/74)

Language of the case: Dutch

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 23 September 2004 by Heuschen & Schrouff Oriëntal Foods Trading B.V., established in te Landsgraaf (Netherlands), represented by Hendrik Cornelis De Bie.

The applicant claims that the Court should:

| — | annul Commission Decision REM 19/2002 of 17 June 2004 in so far as it holds the request for remission of duties unjustified; |
| --- | --- |

—

annul Commission Decision REM 19/2002 of 17 June 2004 in so far as it holds the request for remission of duties unjustified;

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

—

order the Commission to pay the costs.

Pleas in law and main arguments:

The applicant imports, inter alia, rice paper, which, for several years, was declared under the same CN code. However, following the adoption of Commission Regulation No 1196/97 of 27 June 1997, (1) the goods had to be declared under a different CN code. The applicant concedes that this was not done in its case. However, according to the applicant, its case is a special situation in that the Netherlands customs authorities committed several errors when carrying out their controls. The applicant points out that the Netherlands customs authorities failed to notice that the rice paper had been wrongly classified, even in the course of various controls carried out over a period of eight months. The applicant also argues that it cannot be accused of deception or obvious negligence.

1

In support of its application, the applicant alleges infringement of Article 239 of Regulation No 2913/92, (2) erroneous assessment of the facts by the Commission and breach of the duty to state reasons. The applicant also alleges infringement of the principles of sound administration and equal treatment, given that the Commission reached a different conclusion in previous decisions. Finally, the applicant alleges infringement of the principle of proportionality.

2

---

(1)  Commission Regulation (EC) No 1196/97 of 27 June 1997 concerning the classification of certain goods in the combined nomenclature (OJ 1997 L 170, p. 13).

1

(2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).

2

---
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
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**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 2026** 

In R e: TERRY JACKSON BENNETT , Petitioner.

On Petition for Writ of Mandamus. (3:04

- cr - 00315

- RJC

- 1; 3:08

- cv - 00410

- RJC)

Submitted : December 16, 2010 Decide d: December 22 , 2010

Before GREGORY, DUNCAN, and DAVIS , Circuit Judges.

Petition denied by un published per curiam opinion

. Terry Jackson Bennett, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Terry Jackson Bennett petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion

. He seeks an order from this court directing the district court to act. Our review of t he dis trict court ’s docket reveals that the district court has denied Bennett’s § 2255 motion . Accordingly, because the district court has recently decided Bennett’s case, we deny the mandamus petition as moot
. We grant leave to proceed in forma pauperis. 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
err...7.

*41

10.

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79394

Brig Gen William L. Shields, Jr.

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WILLIAM L. SHIELDS, JR., BRIG GEN, USAF

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ADMIN/SECUR

IIIIIIII1FOR GENERAL KULPAAIIIIIIPFOR MR. DIRKS DR

ADMIRAL YOWELL FROM GENERAL SHIELDS

EFFECTIVE 3 AUGUST 1977 DR. HANS MARK HAS BEEN DESIGNATED

DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

E-2 IMPDET

111111011_

SOCOMM Form 173

1 All,, 71
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<PAGE>


                                                                    EXHIBIT 32.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350



The undersigned officer of Hines Horticulture, Inc. (the "Company") hereby
certifies that the Company's quarterly report on Form 10-Q for the period ended
March 31, 2006 to which this certification is being furnished as an exhibit (the
"Report"), as filed with the Securities and Exchange Commission on the date
hereof, fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


Date: May 15, 2006
                                 /s/ ROBERT A. FERGUSON
                                 -----------------------------------------------
                                 Robert A. Ferguson
                                 President, Chief Executive Officer and Director
                                 (Principal Executive Officer)
# C_2005057EN.01001302.xml

| 5.3.2005 | EN | Official Journal of the European Union | C 57/13 |
| --- | --- | --- | --- |

5.3.2005

EN

Official Journal of the European Union

C 57/13

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 20 January 2005

in Case C-198/04: Commission of the European Communities v French Republic (1)

1

(Failure of a Member State to fulfil obligations - Directives 89/48/EEC and 92/51/EEC - Recognition of diplomas - Regulated professions - Tour guide)

(2005/C 57/25)

Language of the case: French

In Case C-198/04: Commission of the European Communities (Agents: M. Patakia and H. Stovlbaek) v French Republic (Agents: G. de Bergues, C. Isidoro and O. Christmann) – ACTION under Article 226 EC for failure to fulfil obligations, brought on 4 May 2004 – the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of Chamber, J. Makarczyk and P. Kūris (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 20 January 2005, in which it:

| 1. | Declares that, by failing to take all the measures necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration and, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48, as regards tour guides, the French Republic has failed to fulfil its obligations under those directives; |
| --- | --- |

1.

Declares that, by failing to take all the measures necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration and, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48, as regards tour guides, the French Republic has failed to fulfil its obligations under those directives;

| 2. | Orders the French Republic to pay the costs. |
| --- | --- |

2.

Orders the French Republic to pay the costs.

---

(1)  OJ C 168, 26.06.2004.

1

---
3 • Acting Executive ecretar

Mb •

V.

•

i•Asoo boo wow

TOP SECRET

FUNCTIONS: NRO

•

HANDLE laAjlElp . •

CONTROL S

USIB-D-41.11/1

23 September 1963

Limited Distribution

UNITED STATES • INT.ELLI9ENCE BOARD

MEMORANDUM FOR THE UNITED STATES INTELLIGENCE BOARD

SUBJECT: : Relationships Between USIB and the National

Reconnaissance Office (NRO)

In executive session at the 18 September Intelligence Board meeting,

the Chairman, USIB. •expressed concern over gaps in the relationships

between USIB and the NRO. He advised the Board members that he had

discussed the problem with the Secretary of Defezisii, who had concurred

in his conclusion that it would be .useful to have Dr..McMillan, Director,

NRO, meet with the Board whenever matters of mutual concern are on the

US agenda. He noted in this connection that such matters should be placed

first on the agenda of Board meetings as a matter of convenience to

Dr. McMillan. •

. Mr. McCone stated further that a similar relationship should be

developed to ensure NRO participation in appropriate COMOR deliberations.

These arrangements, he stated, should contribute to better understanding between USIB and NRO on problems of mutual concern and to closer

working relationships between COMOR and the NRO staff.

During an exchange of views which followed, USIB concurred in the

above-described arrangements.

• •

HANDLE 

CONTROL SYS EM 

•
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in, Registration StatementNo. 333-43613, and Registration Statement No. 333-93211 of C3, Inc. on Form S-8 and in Registration Statement No. 333-151255 and Registration Statement No. 333-100883 of Charles & Colvard, Ltd. on Form S-8 of our reportdated March 31, 2009, relating to the financial statements and financial statement schedule of Charles & Colvard, Ltd. (which report expresses an unqualified opinion and includes an explanatory paragraph related to the adoption of FASBInterpretation No. 48, *Accounting for Uncertainty in Income Taxes, an interpretation of FASB Statement No.109* in 2007), appearing in this Annual Report on Form 10-K of Charles & Colvard, Ltd. for the year ended December 31,2008. 

/s/ DELOITTE & TOUCHE LLP 

Raleigh, NorthCarolina 

March 31, 2009
Prepared by MerrillDirect





EXHIBIT 10.4


SECOND EXTENSION AND
MODIFICATION OF

INDEPENDENT
CONTRACTOR CONSULTING AGREEMENT


             This SECOND EXTENSION AND
MODIFICATION OF INDEPENDENT CONTRACTOR CONSULTING AGREEMENT
("Extension") is entered into as of April 30, 2001 between
California Coastal Communities, Inc., a Delaware corporation  (the "Company"), GSSW-REO, L.L.C.,
a Texas limited liability company ("GSSW") and Thomas W. Sabin, Jr.
("Consultant").


             WHEREAS, the Company and GSSW have
entered into an Independent Contractor Consulting Agreement dated as of May 20,
1998 and Extension and Modification of Independent Contractor Consulting
Agreement dated as of December 7, 1999 (collectively, the "Consulting
Agreement") through which Consultant has provided various consulting capacities
to the Company and the Company has obtained various consulting services by
Consultant; and;


             WHEREAS, the Company desires to
obtain the benefit of continued service from Consultant by extending the
Consulting Agreement, and GSSW desires to render continued services to the
Company by extending the Consulting Agreement pursuant to the terms and
conditions of this Extension;


             NOW, THEREFORE, in consideration of
the foregoing recitals and the mutual covenants and obligations set forth
herein, the parties hereto hereby agree as follows:


             1.          CONTINUING
EFFECTIVENESS OF CONSULTING AGREEMENT. 
Except to the extent of any modification made pursuant to the terms of
this Extension, the Consulting Agreement shall continue to remain in full force
and effect following the date hereof.


             2.          EXTENSION
OF TERM.  Employer and Executive
hereby agree to extend the term of the Consulting Agreement until April 
30, 2003.


             IN WITNESS WHEREOF, the parties
hereto have executed this Agreement as of the date first above written, in the
case of the Corporation and GSSW by an officer thereunto duly authorized, and
in the case of Consultant, by Consultant individually.





	"COMPANY"


	CALIFORNIA COASTAL COMMUNITIES, INC.


	By	/s/ 
  RAYMOND J. PACINI


	 	Chief Executive Officer
	 	Raymond J. Pacini


	"CONSULTANT"


	    
  /s/  THOMAS W. SABIN, JR.


	    
  Thomas W. Sabin, Jr.


	"GSSW"


	GSSW-REO, L.C.
	a Texas limited liability company


	By	/s/ 
  THOMAS W. SABIN, JR.


	 	Thomas W. Sabin, Jr.
	 	Manager
[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Page 7594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02800]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a 
Savings and Loan Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and the Board's Regulation LL (12 CFR 
part 238) to acquire shares of a savings and loan holding company. The 
factors that are considered in acting on the notices are set forth in 
paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than February 26, 2015.
    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice 
President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:
    1. James L. Clayton, Knoxville, Tennessee, acting individually, and 
in concert with a control group, which consists of Flynt Griffin, Coral 
Gables, Florida; and BF3 LP, Knoxville, Tennessee; and with Karen 
Davis, Scottsdale, Arizona; Kevin Clayton, Knoxville, Tennessee; Amy M. 
Stevens, John's Island, South Carolina; James Clayton, Jr., Knoxville, 
Tennessee; BF3 Management, LLC, Knoxville, Tennessee; and the Clayton 
Family Trust and its trustee, Mark Freeman, both of Knoxville, 
Tennessee, as controlling partners of BF3 LP, to acquire voting shares 
of MidCountry Financial Corp, Macon, Georgia, and thereby indirectly 
acquire voting shares of MidCountry Bank, Marion, Illinois.

    Board of Governors of the Federal Reserve System, February 6, 
2015.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
[FR Doc. 2015-02800 Filed 2-10-15; 8:45 am]
BILLING CODE 6210-01-P