alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016156EN.01000401.xml

| 2.5.2016 | EN | Official Journal of the European Union | C 156/4 |
| --- | --- | --- | --- |

2.5.2016

EN

Official Journal of the European Union

C 156/4

---

Judgment of the Court (Ninth Chamber) of 17 March 2016 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Portmeirion Group UK Ltd v Commissioners for Her Majesty’s Revenue & Customs

(Case C-232/14) (1)

1

((Reference for a preliminary ruling - Dumping - Implementing Regulation (EU) No 412/2013 - Validity - Imports of ceramic tableware and kitchenware originating in China - Product concerned - Product under consideration - Obligation to state reasons))

(2016/C 156/04)

Language of the case: English

Referring court

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings

Parties to the main proceedings

Appellant: Portmeirion Group UK Ltd

Appellant:

Respondent: Commissioners for Her Majesty’s Revenue & Customs

Respondent:

Operative part of the judgment

Operative part of the judgment

Consideration of the question referred has disclosed no factor of such a kind as to affect the validity of Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China.

---

(1)  OJ C 235, 21.7.2014.

1

---
[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Page 3785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1755]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33542]


CSX Transportation, Inc.--Trackage Rights Exemption--Consolidated 
Rail Corporation and Indiana Harbor Belt Railroad

    Consolidated Rail Corporation (Conrail), as owner, and Indiana 
Harbor Belt Railroad Company (IHB), as operator,<SUP>1</SUP> have 
agreed to grant overhead trackage rights to CSX Transportation, Inc. 
(CSXT), to operate its trains, locomotives, cars, and equipment with 
CSXT's own crews over Conrail's Kankakee Line between Michigan Avenue, 
Indiana Harbor, IN, milepost 0.0<plus-minus>, and Osborn, IN, milepost 
4.8<plus-minus>, at the connection between Conrail's Kankakee Line and 
the Norfolk and Western Railway Company, a total distance of 
approximately 4.8 miles. The trackage rights are restricted to bridge 
traffic only between the termini of the trackage rights for trainload 
movements of finished automobiles and associated empty equipment to and 
from the Ford Mixing Center in the Calumet Yard area.
---------------------------------------------------------------------------

    \1\ Pursuant to a trackage rights agreement, dated April 9, 
1906, Conrail granted trackage rights to IHB to operate over 
portions of its railroad, including that portion of the Kankakee 
Line which CSXT will acquire upon the effective date of this 
exemption. Since IHB acts as agent on behalf of Conrail in the 
performance of supervision, control and maintenance of this line of 
railroad, IHB is included as a party to the trackage rights 
agreement.
---------------------------------------------------------------------------

    The transaction is expected to be consummated on January 19, 1998, 
the effective date of the exemption.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33542, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001 and served on: Charles M. Rosenberger, Senior 
Counsel, CSX Transportation, Inc., 500 Water Street, J-150, 
Jacksonville, FL 32202.

    Decided: January 16, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-1755 Filed 1-23-98; 8:45 am]
BILLING CODE 4915-00-P
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D
.C. 20460

Mr. Marc Gross Fireaway Inc. 5852 Baker Road Minnetonka, MN 55345 

## FEB 0 6 2014 OFFICE OF AIR AND RADI A T IO N

Re: Completeness Determination for SNAP Submission for Stat-X/Aero-K Condensed Aerosol System in Fire Suppression Dear Mr. Gross: Thank you for Fireaway Inc.'s submission to the Environmental Protection Agency (EPA) for Stat-X/Aero-K Condensed Aerosol System in fire suppression. EPA established the Significant New Alternatives Policy (SNAP) program to implement section 612 ofthe Clean Air Act. In 2006, SNAP published a final rule finding Powdered Aerosol D (under the trade names ofAeroK® and Stat-X®) acceptable, subject to use conditions, as a halon 1301 substitute in total flooding fire protection uses in normally unoccupied spaces only. Your submission for use in normally occupied spaces and the additional information received on October 30, 2013, has been reviewed for completeness. We find the submission to be complete.
Here is a summary ofinformation concerning your submission: Substitute name: Stat-X/Aero-K Condensed Aerosol System Substance(s) the substitute will replace: Halon 1301 Sector: Fire Suppression End-use: Total flooding applications in normally occupied areas Date received: May 23, 2013 Most recent update received: October 30, 2013 Status of submission: Complete
Powdered Aerosol D (Aero-K®, Stat-X®) is currently listed as acceptable subject to use conditions for total flooding, with use restricted to normally unoccupied areas. The submission we have found complete by this action requests review ofthis substitute for use in normally occupied spaces. We intend to issue a future proposed rule for Stat-X/Aero-K Condensed Aerosol System. Before issuing a final decision, we will review any public comments or other information that has become available. Note that under the current listing, use ofthis substitute in total flooding applications in normally occupied areas is not allowed.

Internet Address (URL ) • http ://www

.epa .gov Recycled/Recyclable • Pri nted with Vegetable Oil Based Inks on 100% Postconsumer
. Process Chlorine Free Recycled PaperIfyou have questions about how the rulemaking process for your fire suppressant, please contact Bella Maranion at (202) 564-9749 or Maranion.Bella @epa.gov . Ifyou have questions about your submission, please contact me at (202) 343

-9445 or vondemhagen.Rebecca@ epa.gov. Sincerely,

# 6eu~~ Rebecca von dem Hagen Alternatives and Emissions Reduction Branch Stratospheric Protection Division
---

CONSENT OF AUTHORJ. Schweitzer, Pr.Sci.Nat.,
FSAIMMDeloitte Mining Advisory ServicesDeloitte Consulting Pty
LtdBuilding 4, Deloitte PlaceThe Woodlands, Woodlands Drive, Woodmead,
SandtonJohannesburg, South Africa

US Securities and Exchange Commission

I, J. Schweitzer, Pr.Sci.Nat., FSAIMM, certify that I have read
the written disclosure being filed and I do not have any reason to believe that
there are any misrepresentations in the information provided to the Company by
Deloitte Mining Advisory Services in the written disclosure in the Form 20F of
Anooraq Resources Corporation.

I do hereby consent to the filing with the regulatory
authorities.

Dated this 1stday of July, 2009.

|/signed/ J.
      Schweitzer      
|----------------------------------
|                                  
|J. Schweitzer, Pr.Sci.Nat., FSAIMM
|Deloitte Mining Advisory Services 

---
1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Superior Bancorp;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant have:
 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; andd)
    
    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 that
has materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and
the audit committee of registrants board of directors:
 a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    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.
  By:
    
    /s/ C. Stanley Bailey

C. Stanley BaileyChief Executive Officer
<PAGE>   1
                                                                      EXHIBIT 18

Board of Directors
El Paso Natural Gas Company
1001 Louisiana
Houston, Texas 77002

We are providing this letter to you for inclusion as an exhibit to your Form
10-K filing pursuant to Item 601 of Regulation S-K.

We have read management's justification for the change in the measurement date
used in accounting for other post-retirement benefits from December 31 to
September 30 reflected in the Company's Form 10-K for the year ended December
31, 1998. Based on our reading of the data and discussions with Company
officials about the business judgment and business planning factors relating to
the change, we believe management's justification to be reasonable. Accordingly,
in reliance on management's determination as regards elements of business
judgment and business planning, we concur that the newly adopted accounting
principle described above is preferable in the Company's circumstances to the
method previously applied.


PricewaterhouseCoopers LLP

Houston, Texas
January 31, 1999
No. 10-6386.

#### In re Frank Watts, II, Petitioner.

562 U.S. 1059, 131 S. Ct. 685,

178 L. Ed. 2d 474,

2010 U.S. LEXIS 9266.

November 29, 2010.

Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied.
# C_2013336EN.01002702.xml

| 16.11.2013 | EN | Official Journal of the European Union | C 336/27 |
| --- | --- | --- | --- |

16.11.2013

EN

Official Journal of the European Union

C 336/27

---

Action brought on 16 September 2013 — La Rioja Alta v OHIM — Aldi Einkauf (VIÑA ALBERDI)

(Case T-489/13)

2013/C 336/58

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: La Rioja Alta, SA (Haro, Spain) (represented by: F. Pérez Álvarez, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Aldi Einkauf GmbH & Co. OHG (Essen, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul the decision of the Fourth Board of Appeal of OHIM in Case R 1190/2011-4 of 9 July 2013; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of OHIM in Case R 1190/2011-4 of 9 July 2013;

| — | declare valid Community trade mark No 3 189 065‘VIÑA ALBERDI’ for ‘Alcoholic beverages (except beers), except wines from Italy’ in Class 33 of the International Nice Classification; |
| --- | --- |

—

declare valid Community trade mark No 3 189 065‘VIÑA ALBERDI’ for ‘Alcoholic beverages (except beers), except wines from Italy’ in Class 33 of the International Nice Classification;

| — | order OHIM and the other parties before the Court to pay the costs of these proceedings. |
| --- | --- |

—

order OHIM and the other parties before the Court to pay the costs of these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘VIÑA ALBERDI’ for goods in Classes 30, 32 and 33 — Community trade mark registration No 3 189 065

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: Applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: Aldi Einkauf GmbH & Co. OHG

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation — Figurative mark with the word elements ‘VILLA ALBERTI’

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Application upheld

Decision of the Cancellation Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation

Pleas in law:

---
No. 09-11180.

#### Eduardo Rodriguez-Velez, Petitioner v. United States.

562 U.S. 865, 131 S. Ct. 154,

178 L. Ed. 2d 92,

2010 U.S. LEXIS 6696.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

Same case below, 597 F.3d 32.
# Distribution Susquehanna’s Employee of the Week

/ Published March 23, 2016
NEW CUMBERLAND, Pennsylvania, 
David Spangenburg, lead supply technician at DLA Distribution Susquehanna, Pa., has been selected as Employee of the Week for the week of March 14 through 18.  

According to DLA Distribution Susquehanna, Pa., commander Army Col. Corey New, Spangenburg, an employee since 2011,  has a wealth of knowledge, yet is committed to advancing his understanding of the robust inventory processes.

Currently training two temporary leads to complete third count inventories, Spangenburg also monitors the workload of 40 other employees, and keeps up with his own workload.  

According to New, Spangenburg is essential to the team, as he routinely closes over four pages of third count inventories daily which are integral to the audit readiness process.

“Dave is one of our hardest working employees, and is helping prepare for our future audits,” said New.
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 Annual Report of Twenty Services, Inc. (the Company) on Form 10-K for the period
ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack C. Bridges, Executive Vice-President of the Company, certify, pursuant to 18 U.S.C. § 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; 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/ Jack C. BridgesJack C. BridgesExecutive Vice-PresidentAugust 25, 2008Date
[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Notices]
[Pages 36724-36725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17842]


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

OFFICE OF PERSONNEL MANAGEMENT


Proposed Collection; Comment Request; OPM Form 1203

AGENCY: Office of Personnel Management.
ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Public 
Law 104-13, May 22, 1995), the Office of Personnel Management (OPM) is 
submitting a request to the Office of Management and Budget (OMB) for 
approval of a form which collects information from the public. OPM Form 
1203, Occupational Supplement Series--Form C, is an optical scan form 
designed to collect applicant information and qualifications in a 
format suitable for automated processing and to create basic applicant 
records for an automated examining system. OPM uses the form to carry 
out their responsibility for open competitive examining for admission 
to the competitive service in accordance with section 3304, 5 U.S.C.
    Approximately 500,000 forms are completed each year with an average 
completion time of 27 minutes. For copies of this proposal, call Mary 
Beth Smith-Toomey on (202) 606-8358 or email to <a href="/cdn-cgi/l/email-protection#660b041209090b031f2609160b48010910"><span class="__cf_email__" data-cfemail="177a756378787a726e5778677a39707861">[email protected]</span></a>.

DATES: Comments on this proposal should be received on or before August 
6, 1998.

ADDRESSES: Send or deliver comments to: Joseph Lackey, OPM Desk 
Officer, Office of Information and Regulatory Affairs, U.S. Office of 
Management and Budget, New Executive Office Building, Room 10235, NW., 
Washington, DC 20503, and Mrs. Crystal A. Wilson, U.S. Office of 
Personnel Management, Nationwide Examining Policy Office, 1900 E 
Street, NW, Room 2458, Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Crystal A. Wilson, (202) 606-1010.


[[Page 36725]]


Office of Personnel Management.
Janice R. Lachance,
Director.
[FR Doc. 98-17842 Filed 7-6-98; 8:45 am]
BILLING CODE 6325-01-P


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#### Keenan Britt, Respondent, v City of New York et al., Appellants.

[54 NYS3d 290]

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered May 9, 2016, which, to the extent appealed from as limited by the briefs, upon reargument of defendants’ motion to dismiss, denied dismissal of plaintiff’s claims for prima facie tort and tortious interference with contract insofar as asserted against the individual defendants, unanimously reversed, on the law, without costs, and those claims dismissed. The Clerk is directed to enter judgment accordingly. Appeal from order, same court and Justice, entered August 12, 2013, unanimously dismissed, without costs, as taken from an order that has been superseded by the order entered May 9, 2016.

Plaintiff’s claims for prima facie tort and tortious interference should have been dismissed for failure to state a cause of action.* It is well settled that prima facie tort is not designed to “ ‘provide a catch-all alternative for every cause of action which cannot stand on its legs’ ” *(Kickertz v New York Univ.,*110 AD3d 268, 277 [1st Dept 2013], quoting *Bassim v Hassett,*184 AD2d 908, 910 [3d Dept 1992]). Here, the gravamen of *607plaintiff’s claims relate to his contention that he had a right to return to his permanent computer aide title; this claim was *resolved in his favor in the*CPLR article 78, and plaintiff was *fully*compensated for that wrong in that proceeding. In the complaint, plaintiff does not identify or itemize with any specificity the special damages he allegedly suffered that are encompassed within the prima facie tort claim *(see Phillips v New York Daily News,*111 AD3d 420, 421 [1st Dept 2013]). Moreover, the complaint does not allege that disinterested malevolence was the sole motivation for the conduct of which he complains *(see AREP Fifty-Seventh, LLC v PMGP Assoc., L.P.,*115 AD3d 402, 403 [1st Dept 2014]). Rather, he merely alleges that he was not told he was relinquishing his permanent title.

The tortious interference claim fails both because plaintiff was not a party to any contract with a third party *(see Kronos, Inc. v AVX Corp.,*81 NY2d 90, 94 [1993]; *Fiore v Town of Whitestown,*125 AD3d 1527, 1530 [4th Dept 2015], *lv denied*25 NY3d 910 [2015]), and because, as noted above, he has not identified any damages apart from those for which he already has been compensated.

Concur — Sweeny, J.P., Richter, Andrias and Kahn, JJ.

*

 At oral argument, plaintiff essentially acknowledged that Nancy Grillo was the only viable remaining defendant.