alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
----

JUDGMENT OF THE COURT

(Grand Chamber)

of 15 November 2005

in Case C-320/03: Commission of the European Communities v Republic of Austria (1)

(Failure by a Member State to fulfil its obligations - Articles 28 EC to 30 EC - Free movement of goods - Articles 1 and 3 of Regulation (EEC) No 881/92 - Articles 1 and 6 of Regulation (EEC) No 3118/93 - Transport - Sectoral prohibition on the movement of lorries of more than 7.5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Proportionality principle)

(2006/C 36/07)

Language of the case: German

In Case C-320/03, Commission of the European Communities (Agents: C. Schmidt, W. Wils and G. Braun), supported by Federal Republic of Germany (Agents: W.-D. Plessing and A. Tiemann, assisted by T. Lübbig, lawyer), Italian Republic (Agent: I.M. Braguglia, assisted by G. De Bellis, Avvocato dello Stato), Kingdom of the Netherlands, (Agent: H.G. Sevenster) v Republic of Austria (Agents: E. Riedl and H. Dossi) — Action under Article 226 EC for failure to fulfil obligations, brought on 24 July 2003 — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas and K. Schiemann, Presidents of Chambers, R. Schintgen (Rapporteur), J.N. Cunha Rodrigues, R. Silva de Lapuerta, K. Lenaerts, P. Kūris, E. Juhász, G. Arestis and A. Borg Barthet, Judges; L.A. Geelhoed, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 15 November 2005, the operative part of which is as follows:

----

(1)OJ C 226, 20. 9.2003.

----
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                       ALTERNATIVE LOAN TRUST 2006-OA22
             MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA22


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
421 P.2d 346

#### STATE of Arizona, Appellee, v. James Nelson PARHAM, Appellant.

No. 2 CA-CR 76.

Court of Appeals of Arizona.

Dec. 20, 1966.

Darrell F. Smith, Atty. Gen., William J. Schafer, III, Pima County Atty., Tucson, for appellee.

, Maxwell R. Palmer, Jr., Tucson, for appellant.

KRUCKER, Chief Judge.

An information was filed in the Superior Court of Pima County, Arizona, on July 1, 1965, charging appellant, also referred to as the defendant, James Nelson Parham, with the crime of burglary, first degree, under the provisions of A.R.S. § 13-302. Defendant was represented by counsel at all times and at a jury trial commencing August 23, 1965, the defendant changed his plea to guilty and was, on May 13, 1966, sentenced to a term in the Arizona State Prison for not less than ten nor more than twelve years. From this sentence and an order denying a new trial, defendant appeals.

Court-appointed counsel, who was not the counsel for the defendant in the trial, has filed an affidavit in this Court stating that he has examined the entire record, that he has interviewed the witnesses and the attorney who represented the defendant at the trial, that the transcript discloses no irregularities, and he can find no error on the part of the trial court.

Counsel further states that the sentence, being within the limits prescribed by law, and trial counsel having been successful in securing the dismissal of numerous other charges against the defendant, he can find no reason for reversal.

We have examined the entire record for fundamental error, as required by the mandate of A.R.S. § 13-1715, subsec. B; and in accordance with the numerous cases applying the doctrine that the appellate court must do this, and being unable to find any error or prejudice; and further finding that under the circumstances the sentence was not excessive or unreasonable, we must affirm the judgment of the lower court. State v. Burrell, 96 Ariz. 233, 393 P.2d 921 (1964) ; State v. Denmon, 3 Ariz. App. 217, 413 P.2d 276 (1966); State v. White, 2 Ariz.App. 455, 409 P.2d 739 (1966).

The judgment of the lower court is affirmed.

HATHAWAY and MOLLOY, JJ., concur. . .
##### 



Exhibit 32.2

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 Citizens First Financial Corp. (the
Company) on Form 10-Q for the period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Dallas
G. Smiley, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:



| | (1) |  | The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and                               
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

|                                                    |  | 
|--------------------------------------------------- |  | 
|/s/                
        
      Dallas G. Smiley |  | 
|Dallas G. Smiley                                    |  | 
|Chief Financial Officer                             |  | 
|August 14, 2003                                     |  | 

24
Housecall Medical Resources, Inc.
                                            Exhibit 11
                       Statement Regarding Computation of Earnings Per Share
                             (in thousands, except for per share data)

<TABLE>
<CAPTION>
                                                                   Three months ending
                                                                      September 30,
                                                                 -----------------------
                                                                 1995             1996
                                                                 ----             ----
<S>                                                            <C>             <C>
PRIMARY:

Weighted average common shares outstanding                       5,993           10,219

Net effect of dilutive stock options and warrants -
  based on the treasury stock method using period end
  market price                                                     601              967

Adjustment for stock and options issued within
  one year of January 29, 1996 in accordance
  with SAB 83                                                      530                 -
                                                                ------           -------
Weighted average common shares and equivalents
  outstanding                                                    7,124           11,186

Net income attributable to common stockholders                 $   482         $    108
                                                                ======           ======

Per share amount                                               $  0.07         $   0.01
                                                                ======           ======
FULLY DILUTED:

Weighted average common shares outstanding                      5,993            10,219

Net effect of dilutive stock options and warrants -
  based on the treasury stock method using period end
  market price                                                    612               735

Adjustment for stock and options issued within
  one year of January 29, 1996 in accordance
  with SAB 83                                                     530                  -
                                                                -----             ------
Weighted average common shares and equivalents
  outstanding                                                   7,135             10,954
                                                                =====             ======

Net income attributable to common stockholders                 $  482          $     108
                                                                =====             ======
Per share amount                                               $ 0.07          $    0.01
                                                                =====             ======
</TABLE>
<PAGE>

                                                                      EXHIBIT 12

                       LORAL SPACE & COMMUNICATIONS LTD.

          COMPUTATION OF DEFICIENCY OF EARNINGS TO COVER FIXED CHARGES
                                 (IN THOUSANDS)
                                  (UNAUDITED)

<Table>
<Caption>
                                                              THREE MONTHS ENDED
                                                                   MARCH 31,
                                                              -------------------
                                                                2002       2001
                                                              --------   --------
<S>                                                           <C>        <C>
Income (loss) before income taxes, equity in net loss of
  affiliates, minority interest and cumulative effect of
  change in accounting principle............................  $  1,544   $(38,100)
Plus fixed charges:
  Interest expense..........................................    26,006     55,110
  Interest component of rent expense(1).....................     3,722      4,106
Less: capitalized interest..................................     7,436      5,417
                                                              --------   --------
Earnings available to cover fixed charges...................  $ 23,836   $ 15,699
                                                              ========   ========
Fixed charges(2)............................................  $(41,691)  $(75,339)
                                                              ========   ========
Deficiency of earnings to cover fixed charges...............  $(17,855)  $(59,640)
                                                              ========   ========
</Table>

---------------
(1) The interest component of rent expense is deemed to be approximately 25% of
    total rent expense.

(2) Preferred dividends have not been adjusted for income taxes, due to the
    composition of the taxing jurisdictions underlying the Company's operations
    and the resulting impact on the Company's effective tax rate.
# Official Journal C 153A/10 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 153A |
| | |
| English edition | Information and Notices | Volume 4710 June 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 153A

English edition

Information and Notices

Volume 4710 June 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Notices |
| | Council |
| 2004/C 153A/1 | Notice of vacancy — Administrator | 1 |

Notice No

Contents

page

III   Notices

Council

2004/C 153A/1

Notice of vacancy — Administrator

1

---

| EN | |
| --- | --- |

EN
EXHIBIT 11
                                   
                      INNOVATIVE MEDICAL SERVICES
               COMPUTATION OF EARNINGS PER COMMON SHARE
                       FOR THE SIX MONTHS ENDED
                       JANUARY 31, 1996 AND 1997



                                             For the Six Months Ended
                                                    January 31
                                           ----------------------------
                                              1996             1997
                                           ----------------------------

Shares outstanding                           1,833,851        3,370,851 
                                            ==========       ========== 

Weighted average shares outstanding          1,782,009        3,202,938 
Stock Options                                   31,250           31,250 
Warrants                                     1,187,500        1,765,417 
                                            ----------       ---------- 
     Total weighted average
      shares outstanding                     3,000,759        4,999,605 
                                            ==========       ========== 


Net Income (Loss)                           $  (18,840)      $ (459,842)
                                            ==========       ========== 


Net Earnings (Loss) per share               $    (0.01)      $    (0.09)
                                            ==========       ==========
Exhibit 34.9  LOGO Report of Independent Registered Public Accounting Firm To the Partners CWCapital Asset Management LLC We have examined management of CWCapital Asset Management LLC (CWCAM)s assertion that CWCAM complied with the servicing criteria
applicable to it under paragraph (d) of Item 1122 of the Securities and Exchange Commissions Regulation AB for the special servicing platform (Platform) for commercial mortgage-backed securities transaction that were issued on
or after January 1, 2006 for which CWCAM acted as the special servicer included in the accompanying Managements Assertion on Compliance with Regulation AB Criteria as of and for the year ended December 31, 2018. CWCAMs
management is responsible for its assertion. Our responsibility is to express an opinion on managements assertion based on our examination. Management has determined that the criteria set forth in Sections 1122 (d)(1)(iii), (d)(3)(i)(B), (d)(3)(i)(C), (d)(3)(i)(D), (d)(3)(ii), (d)(3)(iii),
(d)(3)(iv), (d)(4)(v), (d)(4)(ix), (d)(4)(x), (d)(4)(xi), (d)(4)(xii), (d)(4)(xiii), (d)(4)(xiv), and (d)(4)(xv) are not applicable to the activities performed by CWCAM, as a special servicer, with respect to CWCAMs Platform. The commercial
mortgage-backed securities transactions covered by this Platform are those specified in Appendix B in the accompanying Managements Assertion on Compliance with Regulation AB Criteria. Our examination was conducted in accordance with attestation standards established by the Public Company Accounting Oversight Board (United States).
Those standards require that we plan and perform the examination to obtain reasonable assurance about whether managements assertion is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence
about managements assertion. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material misstatement of managements assertion, whether due to fraud or error. We
believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide
a legal determination on CWCAMs compliance with the specified requirements. Our examination disclosed the following material noncompliance
with servicing criterion 1122(d)(2)(vii)(B) as applicable to CWCAM: With respect to servicing criterion 1122(d)(2)(vii)(B), certain bank
reconciliations were not prepared within 30 calendar days after the bank statement cut-off date.  1




---

LOGO In our opinion, except for the material noncompliance described above, managements assertion that CWCAM
complied with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB included in the accompanying Managements Assertion on Compliance with Regulation AB Criteria is fairly stated, in all material
respects. We do not express an opinion or any form of assurance on Managements Discussion on Material Instance of Noncompliance in Schedule B
to the Managements Assertion.  /s/ CohnReznick LLPBethesda, MarylandFebruary 28, 2019  2
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 149 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. CON. RES. 149

 Expressing the sense of the Congress regarding the visit of Secretary 
            of State Madeleine Albright to the Middle East.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 1997

  Mr. Lantos submitted the following concurrent resolution; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Expressing the sense of the Congress regarding the visit of Secretary 
            of State Madeleine Albright to the Middle East.

Whereas Madeleine Albright is currently making her first official visit to the 
        Middle East since her appointment as Secretary of State; and
Whereas the Middle East peace process is in danger of total collapse: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress fully supports the efforts of Secretary of State 
Madeleine Albright to bring a just, comprehensive, and permanent peace 
to the Middle East, and expresses its full confidence in her 
demonstrated ability and motivation to achieve that end.
                                 <all>
```
# C_2016118EN.01000801.xml

| 4.4.2016 | EN | Official Journal of the European Union | C 118/8 |
| --- | --- | --- | --- |

4.4.2016

EN

Official Journal of the European Union

C 118/8

---

Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 21 December 2015 — W.F. Gözze Frottierweberei GmbH, Wolfgang Gözze v Verein Bremer Baumwollbörse

(Case C-689/15)

(2016/C 118/09)

Language of the case: German

Referring court

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Appellants: W.F. Gözze Frottierweberei GmbH, Wolfgang Gözze

Appellants:

Respondent: Verein Bremer Baumwollbörse

Respondent:

Questions referred

Questions referred

| 1. | Can the use of an individual mark as a certification mark constitute, in relation to the goods for which it is used, use as a trade mark for the purposes of Articles 9(1) and 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark? (1) |
| --- | --- |

1.

Can the use of an individual mark as a certification mark constitute, in relation to the goods for which it is used, use as a trade mark for the purposes of Articles 9(1) and 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark? (1)

1

| 2. | If Question 1 is to be answered in the affirmative: is such a mark to be declared invalid, in accordance with Article 52(1)(a) in conjunction with Article 7(1)(g) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, or to be revoked, in accordance with a mutatis mutandis application of Article 73(c) of that regulation, if the proprietor of the mark fails to ensure that expectations in trade relating to the quality associated with the sign are being met by carrying out periodic quality controls at its licensees? |
| --- | --- |

2.

If Question 1 is to be answered in the affirmative: is such a mark to be declared invalid, in accordance with Article 52(1)(a) in conjunction with Article 7(1)(g) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, or to be revoked, in accordance with a mutatis mutandis application of Article 73(c) of that regulation, if the proprietor of the mark fails to ensure that expectations in trade relating to the quality associated with the sign are being met by carrying out periodic quality controls at its licensees?

mutatis mutandis

---

(1)  OJ 2009 L 78, p. 1.

1

---
Exhibit 32.2


                            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 FFD Financial  Corporation
(the  "Company") on Form 10-QSB for the period ending December 31, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Robert R. Gerber,  the Vice President,  Treasurer and Chief Financial 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 to my knowledge:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.




/s/Robert R. Gerber
----------------------------------------------
Robert R. Gerber
Vice President, Treasurer and Chief Financial Officer
February 14, 2006