alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# CE2004084EN.01024801.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/248 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/248

---

(2004/C 84 E/0294)

WRITTEN QUESTION E-3575/03

by Michl Ebner (PPE-DE) to the Council

(5 December 2003)

Subject:   EU Identity document for the disabled

Subject:

Some 37 million citizens of the EU — or ten per cent of the population — suffer from some kind of disability. European Year of People with Disabilities which ends in a few weeks' time should provide a fresh impetus and achieve practical results in the fight for the equal treatment of disabled EU citizens so as to enable them to participate fully in all areas of life in future.

One step in this direction would be the introduction of a Europe-wide identity document for the disabled guaranteeing facilities and privileges regardless of nationality and making them readily available to all disabled persons. In my Written Question E-2173/02 (1) of 18 July 2002 I already pointed to the need for such an identity document for the disabled.

1

Since each Member State is free to determine the scope of the facilities and privileges accorded to the disabled, a uniform EU identity document for the disabled is needed. It should guarantee each disabled citizen of the Union the same rights in each country.

Will the Council answer the following questions:

| — | Has the EU already developed initial ideas about the introduction of an identity document for the disabled which is valid throughout the EU? |
| --- | --- |

—

Has the EU already developed initial ideas about the introduction of an identity document for the disabled which is valid throughout the EU?

| — | If so, will it say what these ideas are? |
| --- | --- |

—

If so, will it say what these ideas are?

| — | If not, does it not agree that an identity document for the disabled which is valid throughout the EU should be introduced? |
| --- | --- |

—

If not, does it not agree that an identity document for the disabled which is valid throughout the EU should be introduced?

Reply

(11 March 2004)

(11 March 2004)

The Council recalls to the Honourable Parliamentarian that it is for the Member States to deal with identity cards.

The Council has repeatedly expressed its concern regarding the situation of People with Disabilities but has never discussed of the questions raised by the Honourable Parliamentarian.

---

(1)  OJ C 277 E, 14.11.2002, p. 257.

1

---
<TABLE> <S> <C>

<ARTICLE>                                         5
<MULTIPLIER>                                      1000
       
<S>                                               <C>
<PERIOD-TYPE>                                     3-MOS
<FISCAL-YEAR-END>                                 JUN-27-1997
<PERIOD-START>                                    SEP-28-1996
<PERIOD-END>                                      DEC-27-1996
<CASH>                                               1,917
<SECURITIES>                                           564
<RECEIVABLES>                                       18,351
<ALLOWANCES>                                           257
<INVENTORY>                                         25,825
<CURRENT-ASSETS>                                    50,838
<PP&E>                                              47,045
<DEPRECIATION>                                      21,264
<TOTAL-ASSETS>                                      77,947
<CURRENT-LIABILITIES>                               14,484
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               962
<OTHER-SE>                                          53,645
<TOTAL-LIABILITY-AND-EQUITY>                        77,947
<SALES>                                             34,913
<TOTAL-REVENUES>                                    34,913
<CGS>                                               27,394
<TOTAL-COSTS>                                        6,982
<OTHER-EXPENSES>                                        21
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                      54
<INCOME-PRETAX>                                        462
<INCOME-TAX>                                           127
<INCOME-CONTINUING>                                    335
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           335
<EPS-PRIMARY>                                          .03
<EPS-DILUTED>                                          .03
        

</TABLE>
# CE2004088EN.01067501.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/675 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/675

---

(2004/C 88 E/0692)

WRITTEN QUESTION P-4088/03

by Dana Scallon (PPE-DE) to the Commission

(8 January 2004)

Subject:   Reproductive health definition

Subject:

On 16 December 2003, the EU Council stated that the term ‘reproductive health’ did not include the following: support, aid, facilitation, encouragement, promotion, sponsoring or provision of incentives for abortion (‘die Förderung von Abtreibung’).

How will the Commission take into account this definition when selecting EU partner organisations in charge of implementing EU policies in the field of reproductive health and rights?

Can the Commission confirm that applicant organisations which do not provide abortion or conduct abortion-related activities can be successful in applying for EU money in the field of reproductive health and rights?

Answer given by Mr Nielson on behalf of the Commission

(1 March 2004)

(1 March 2004)

At the Parliament session on 16 December 2003 the Council representative, in his response to the question put by the Honourable Member, referred to recital 16 of Regulation (EC) No 1567/2003 of the Parliament and of the Council of 15 July 2003 on aid for policies and actions on reproductive and sexual health and rights in developing countries (1) which clearly states that no support is given under that Regulation to incentives to encourage abortions.

1

The Commission supports in full the International Conference on Population and Development (ICPD) policy and the ICPD Programme of Action with respect to sexual and reproductive health. The selection of partner organisations is governed by the Regulation referred to above.

The Commission considers that it is indeed possible that an organisation which does not provide abortion or conduct abortion-related activities may submit a successful proposal in one of the open calls issued by the Commission with respect to sexual and reproductive health and rights.

---

(1)  OJ L 224, 6.9.2003.

1

---
<TABLE> <S> <C>



<ARTICLE>                     5
<LEGEND>
     This  schedule  contains  summary  financial   information  extracted  from
Consolidated  Financial Statements of Exigent  International,  Inc. for the Year
Ended January 31, 1998 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK>                                       0001015854
<NAME>                     Exigent International, Inc.
<MULTIPLIER>                                     1,000
<CURRENCY>                                        U.S.
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-01-1997
<PERIOD-END>                               JAN-31-1998
<EXCHANGE-RATE>                                  1.000
<CASH>                                           3,641
<SECURITIES>                                         0
<RECEIVABLES>                                    6,571<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          5
<CURRENT-ASSETS>                                10,944
<PP&E>                                           5,305
<DEPRECIATION>                                   3,136
<TOTAL-ASSETS>                                  14,693
<CURRENT-LIABILITIES>                            5,800
<BONDS>                                          1,112
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          7
<COMMON>                                            39
<OTHER-SE>                                       7,735
<TOTAL-LIABILITY-AND-EQUITY>                    14,693
<SALES>                                              0
<TOTAL-REVENUES>                                35,749
<CGS>                                                0
<TOTAL-COSTS>                                   33,472
<OTHER-EXPENSES>                                    48
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  91
<INCOME-PRETAX>                                  2,176
<INCOME-TAX>                                      (831)
<INCOME-CONTINUING>                              2,176
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,345
<EPS-PRIMARY>                                     0.29
<EPS-DILUTED>                                     0.29
        


<FN>
(F1) Includes cost and estimated  earnings in excess of billings on  uncompleted
     contracts.
</FN>



</TABLE>
# CE2004084EN.01009102.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/91 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/91

---

(2004/C 84 E/0113)

WRITTEN QUESTION E-3721/03

by Roberta Angelilli (UEN) to the Commission

(10 December 2003)

Subject:   Update concerning the funds for the SAVE II programme for the municipality of Carrara

Subject:

With reference to question E-0962/03 (1), in which the Commission was asked whether the municipality of Carrara (Italy) had submitted projects and obtained funds under the SAVE II programme, the Commission replied on 25 April 2003 to the effect that no proposal had been submitted.

1

Can the Commission state whether, since then and up to the present, it has received any SAVE II projects from that municipality?

---

(1)  OJ C 268 E, 7.11.2003, p. 169.

1

---
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-31067

Summary Calendar

In The Matter Of: MAC-JGC MARKETING INC

Debtor

MAC-JGC MARKETING INC

Appellant

v.

JOHN R POOLE COMPANIES LLC

Appellee

Appeal from the United States District Court 

for the Eastern District of Louisiana 

USDC No. 2:07-CV-2885

Before REAVLEY, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

MAC-JGC Marketing, Inc. appeals the district court’s judgment affirming

the bankruptcy court’s judgment in its favor against John R. Poole Companies,

LLC. For the reasons that follow, we AFFIRM. 

United States Court of Appeals

Fifth Circuit

F I L E D

April 30, 2008

Charles R. Fulbruge III

Clerk
No. 07-31067

2

MAC-JGC first argues that the bankruptcy court erroneously applied

Louisiana’s doctrine of judicial compensation. Judicial compensation is a

creature of Louisiana law that allows courts to set-off unliquidated claims. See

Fidelity & Deposit Co. of Maryland v. Cloy Construction Co., 463 So. 2d 1365,

1368–69 (La. Ct. App. 1984) (“Judicial compensation takes place when a court

decides two parties are mutually indebted to each other and adjusts the amounts

owed in fixing the judgment.”). The gist of MAC-JGC’s complaint is that the

judicial-compensation doctrine can be invoked only via a counterclaim, whereas

Poole invoked the doctrine via affirmative defense. But even assuming

Louisiana procedural rules require Poole to plead judicial compensation (a form

of setoff) as a counterclaim, this court has recognized that setoff in federal court

is an affirmative defense. Giles v. Gen. Elec. Co., 245 F.3d 474, 494 n.36 (5th

Cir. 2001) (“[A]n offset . . . is an affirmative defense.”). Accordingly, the

bankruptcy court did not err in applying the doctrine of judicial compensation.

MAC-JGC next complains that the bankruptcy court committed reversible

error when it believed at least some of John Poole’s trial testimony. After the

trial—and before the bankruptcy court issued its findings of fact—counsel for

MAC-JGC provided a letter to the court that purportedly undercut some of

Poole’s testimony. Even after viewing this alleged piece of impeachment

evidence, the bankruptcy court issued findings of fact that relied, in part, on

Poole’s testimony. MAC-JGC asserts that this was error. But the bankruptcy

court, having heard Poole testify and having had the opportunity to consider the

alleged impeachment evidence, did not commit clear error in determining that

Poole was credible. 

Finally, MAC-JGC contends that the bankruptcy court erred when it

determined thatthe contract unambiguously did not require Poole to assume the

approximately $117,000 owed to BellSouth Advertising. The bankruptcy court

properly determined that the contract at issue unambiguously required MAC-
No. 07-31067

3

JGC to be liable for the BellSouth Advertising debt since that debt was notlisted

as a payable on the relevant agreement. 

AFFIRMED.
# CE2004078EN.01032102.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/321 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/321

---

(2004/C 78 E/0330)

WRITTEN QUESTION E-3794/03

by Chris Davies (ELDR) to the Commission

(11 December 2003)

Subject:   Fisheries certification

Subject:

Has the Commission any plans to establish a transparent and comparable method of determining which EU fisheries are being managed in a sustainable manner; for example, along similar lines to the certification scheme established by the Maríne Stewardship Council?

Answer given by Mr Fischler on behalf of the Commission

(14 January 2004)

(14 January 2004)

The consolidation of last year's reform of the Common Fisheries Policy will make it necessary to properly address the issue of eco-labelling at this juncture. To this end, the Commission intends to present in the first half of 2004 the Council and the Parliament with a communication, the purpose of which should be to consider available options and, thus, to launch an in-depth debate with all interested parties.

It is worth recalling that this topic has given rise to much controversy in international fora. Mainly developing States have taken a very reserved stance on this. In these circumstances, the Commission will draw upon both the experience gathered with existing certification schemes as well as ongoing conceptual work within the Food and Agriculture Organisation of the United Nations (FAO).

A Community initiative should have the potential for bridging gaps and it should be capable of counteracting an increasing number of biased or poorly controlled private labelling programmes. Ecolabelling schemes should be accessible to all operators on a non-discriminatory basis, be adapted to the needs of small and medium-size enterprises in terms of the costs involved and be fully consistent with relevant World Trade Organisation (WTO) rules.

---
Present: 

Lt. Col. ,-elker 

Lt. Col. Clark 

Major Jones 

Mr. Kull back 

Mr. Rowlett 

Mr. Rhoacs 

Mr. Sterlin 

CIVILIAN Er:.PLOYm:!~T &CARI: 

f~~;:s ~~ ;l!~i~: ~e~· 7 June 1946, Room 11? 

Headquarters 

1.. T];SI.Mffi_MEASUREUEKT PROGRAJJ. 

The advisability of e. test and measurement. progl"Bm for the Agency wes dis·· 

cussed. A sa~pla copy of a si~ple cryptograph:c test 'f:B.S reviewed by Bo~rd 

members. lt l.1lS decided that a Staff study shoulrl be rade specifi~ally out·· 

lining a test and measurement prog~am for this hgency. Mrs. Janet Coen is to 

i::e letailed to this assignment. 

2. fROMOTION EXCEPTION 

A request from Operations :rivision for the promotion of Pl.r. James 'J'anvcar 

.fro..m p ... 3 to p ... 4 was reviewed by the Board. In that Jh·. 't"anvear leeks but two 

months in grade and is etl'inently qualified for the P0 ·4 positicn, it was the 

opinion of the Board thet an exception to the ·tjme~in~gre.de-requirement" would 

be just:ified in thi3 case. This decision will be forwarded to the Chief, ASA, 

for review. 

J. Sl'ANDARD OPERJll'ING PROCEDURES 

In that a full time sec~etary cannot at present be justified for t~e Civili~~ 

Employment Board, it we& agreed thet the secre1~ry of one of the menbere of the 

Board be detailed to the taking of minutes of Board meetings. This will work on 

• a rotation basis end the secretary to attend will be mentioned on the Agenda pre~ 

1:iar6d and distributed previous to a regular meeting. 

!~. Yitl&N ACTUALLY EMPLOYED STATUS 

The question of esteblizhing a Post policy to govern the granting of pe.rt~ 

tir.ie or "When Actually E!!iployed" status to employees es reviewed. The basic 

co:nmunj cation from Personnel and Training Prsnch suggesting such policy and th:i! 

indorsements by the Staff and Chief, ~SA, ~ere outlined. It .as dec~ded that 

Personnel and Training Branch ehould commur.icate directly with the operating 

Division Chiefs, rather then. through the Persounel Officers, in order to deter~ 

mine what educational coursee should be selected as having a direct bearing on 

the work of this f..gency. Upon reqt1est, quelifh~d employees will be granted, 

within adminietr2tive discretion, part=til!'c employment to allow them to· enroll 

in t~ese suggested coursEs. 

/0 

r 

~,(/} 

~ 

/_ '"'"!' , I\) ~/J(p./IA._ .. ,,,,~ ~ J;LAf/./-'IA._, 

D. GLE.NN STT\RLlN 

--------------------------------------------------------------------....................... ~,heirmnn, Civilian Fmployinent Boarc pproved for Release by NSA on 04-18-2014 pursuant to E.O. 

3526
-

REF ID:A516"06 

u 

USCIB: 5.3/39 

8 Jlllle 1954 

MEMORANDUM FOR THE MEMBERS OF USCIBEC: 

Subject: Approval of Tentative Minutes of the Fourteenth Meeting. 

Reference: USCIB 5.3/36, dated 20 May 1954. 

1. The reference forwarded the tentative minutes of the Fourteenth 

USCIBEC Meeting to all members for consideration, indicating 4 Jlllle 1954 

as a final date for submission of amendments. 

2. No amendments having been received the tentative minutes are 

considered approved as written. 

,3. Accordingly, it is requested that the "TENTATIVE" designation on 

the first page of each item of the referenced minutes be changed to 

"FINAL11 • 

USCIB: 5.3/39 

a tain, U. • Navy .................. ti ve Secretary, USCIB 

~-

I 

I 

r 

f 

I 

l 

' I 

. 

' 

l 

l 

l 

I FORMA1os1 seps1 @'pproved for Release by NSA on 06-17-2014 pursuantto E.O. 1352a -- NsN- 7540-FM-001-5622
#### The People of the State of New York, Respondent, v Humphrey Stewart, Appellant.

[772 NYS2d 852]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered October 11, 2000, convicting him of criminal possession of a weapon in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Altman, J.P., S. Miller, Luciano and Rivera, JJ., concur.
# CE2004084EN.01088801.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/888 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/888

---

(2004/C 84 E/0981)

WRITTEN QUESTION E-0829/04

by Mario Mauro (PPE-DE) to the Commission

(15 March 2004)

Subject:   Parmatour: tourism concern owned by the Tanzi family, involved in the Parmalat crisis

Subject:

It has emerged that Parmatour was used not only for its declared objectives, but also for other purposes. This led to negative operating results. Repeated attempts were made to remedy this situation by means of various restructuring measures, the latest of which — the dismissal of 60 employees and an industrial regeneration plan which was to produce positive results over a three-year period — had been in place for a year. Following the declaration of insolvency and Parmalat's going into extraordinary administration, the plan was frozen.

Management of tourist activities differs radically from that of industrial activities, in that the latter can temporarily dissociate the production stage from the sales stage.

It is essentially a service industry, based on the vital need for mutual trust between supplier and customer, with due respect for minimum market conditions, failing which the company may be unable to remain on the market and pursue its activity.

The inability to remain on the market, even for short periods, causes the company's value to collapse, even in the event of it repositioning itself, which in turn jeopardises the various interests it represents.

In view of the above, will the Commission indicate what measures it intends to take to enable this area of activity, in the broadest sense of the term, to have the best possible chance of being promoted and revitalised, rather than being stifled and virtually wiped out, as is currently happening?

Answer given by Mr Liikanen on behalf of the Commission

(6 April 2004)

(6 April 2004)

The Commission does not intend to take any position on the activities of Parmatour, which is involved in the financial crisis at Parmalat being investigated by the Italian judicial authorities.

One of the objectives of the Commission's recent Communication on ‘Basic orientations for the sustainability of European tourism’ (1) is to define a frame of reference to ensure the viability, continued growth, competitiveness and commercial success of the tourism sector. In this Communication, the Commission emphasises that open governance requires businesses to assume responsibility for conducting their operations in a manner that entails full implementation of appropriate corporate social responsibility practices for tourism value chain services and enterprises of any size or type.

1

---

(1)  COM(2003) 716 final.

1

---