alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017382EN.01000501.xml

| 13.11.2017 | EN | Official Journal of the European Union | C 382/5 |
| --- | --- | --- | --- |

13.11.2017

EN

Official Journal of the European Union

C 382/5

---

Judgment of the Court (Fourth Chamber) of 13 September 2017 — European Commission v Kingdom of Belgium

(Case C-591/14) (1)

1

((Failure of a Member State to fulfil obligations - State aid - Decision 2011/678/EU - State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals - Aid incompatible with the internal market - Obligation of recovery - Non-performance))

(2017/C 382/03)

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: J.-F. Brakeland, B. Stromsky, S. Noë and H. van Vliet, acting as Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and J. C. Halleux, acting as Agents, and L. Van den Hende and J. Charles, avocats)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to take all the necessary measures to recover from the beneficiaries the State aid declared unlawful and incompatible with the internal market by Article 1(3) and (4) of Commission Decision 2011/678/EU of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04)), and by failing to inform the European Commission of the measures taken to comply with that decision, the Kingdom of Belgium has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision; |
| --- | --- |

1.

Declares that, by failing to take all the necessary measures to recover from the beneficiaries the State aid declared unlawful and incompatible with the internal market by Article 1(3) and (4) of Commission Decision 2011/678/EU of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04)), and by failing to inform the European Commission of the measures taken to comply with that decision, the Kingdom of Belgium has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision;

| 2. | Orders the Kingdom of Belgium to pay the costs. |
| --- | --- |

2.

Orders the Kingdom of Belgium to pay the costs.

---

(1)  OJ C 73, 2.3.2015.

1

---
2017-0236.

#### Pi in the Sky, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-2005.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 98-6451
JAMES EDMOND WATTS, Petitioner - Appellant, versus E. L. PEARSON, Warden; ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA, Respondents - Appellees.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-97-355-R) Submitted: May 14, 1998 Decided: June 3, 1998 Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.James Edmond Watts, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court'sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Watts v. Pearson , No. CA-97-355-R (W.D. Va. Mar. 3, 1998). 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.

DISMISSED
```
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16834]

=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD

Sunshine Act Meeting

TIME AND DATE: 9:30 a.m., Tuesday, June 30, 1998.

PLACE: NTSB Board Room, 5th Floor, 490 L'Enfant Plaza, S.W., 
Washington, D.C. 20594.

STATUS: Open.

MATTERS TO BE CONSIDERED:
6899A  Railroad Accident Report--Collision and Derailment between Union 
Pacific Railroad Freight Trains MKSNP-01 and ZSEME-29 near Delia, 
Kansas, July 2, 1997.

NEWS MEDIA CONTACT: Telephone: (202) 314-6100.

FOR MORE INFORMATION CONTACT: Rhonda Underwood, (202) 314-6065.

    Dated: June 19, 1998.
Rhonda Underwood,
Federal Register Liaison Officer.
[FR Doc. 98-16834 Filed 6-19-98; 3:28 pm]
BILLING CODE 7533-01-M
```
No. 10-7426.

#### James Worthem, Petitioner v. Illinois.

562 U.S. 1183, 131 S. Ct. 1004,

178 L. Ed. 2d 835,

2011 U.S. LEXIS 775.

January 18, 2011.

Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

Same case below, 398 Ill. App. 3d 1106, 370 Ill. Dec. 769, 988 N.E.2d 1125.
Exhibit 32.1



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 AmerInst Insurance Group, Ltd. (the Company) on Form 10-Q for the period ending March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stuart Grayston, President and chief executive officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                  
|------------------------------------------------------------------
|/s/ STUART GRAYSTON                                               
|Stuart Grayston President and chief executive officer May 13, 2005



17
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 on Form 10-K of Dollar  Financial  Group,
Inc. (the "Company") for the twelve months ended June 30, 2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, in the capacities and on the date indicated below, hereby certifies
pursuant to 18 U.S.C.  Section  1350 and Rule 13a - 14(b) or Rule 15d - 14(b) of
the Securities  Exchange Act of 1934, as adopted  pursuant to Section 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/ Donald Gayhardt
----------------------------------------
Donald Gayhardt
President (principal financial officer)
September 15, 2004
#### In the Matter of New York City Asbestos Litigation. Walter Miller, Respondent, v BMW of North America, LLC, et al., Defendants, and Hennessy Industries, Appellant.

[60 NYS3d 822]

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered September 13, 2016, after a jury trial, awarding plaintiff $5 million for past pain and suffering and $4 million for future pain and suffering, unanimously affirmed, without costs.

In this asbestos litigation arising from plaintiff’s use of a grinder manufactured and designed by defendant Hennessy Industries’ subsidiary, Ammco, plaintiff’s expert testimony was sufficient to establish that plaintiff’s use of that grinder on automobile brake linings caused his exposure to asbestos dust in sufficient quantities to cause his mesothelioma *(see Sean R. v BMW of N. Am., LLC,*26 NY3d 801, 808 [2016]; *cf. Matter of New York City Asbestos Litig.,*148 AD3d 233, 236 [1st Dept 2017]). Moreover, because the asbestos-laden dust was created by plaintiff’s use of defendant’s grinder and defendant knew its grinder would be used on asbestos-containing products, defendant had a duty to warn plaintiff of the latent danger arising from the foreseeable use of its product *(see e.g. Rastelli v Goodyear Tire & Rubber Co.,*79 NY2d 289, 297 [1992]).

*442We find the damages award, as reduced by the trial court and stipulated to by plaintiff, to be appropriate. Moreover, based on the evidence adduced at trial, the jury properly apportioned 86% of the fault to defendant *(see*CPLR art 16).

We have considered defendant’s remaining arguments and find them unavailing.

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2893 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2893

To amend title 46, United States Code, to prohibit causing the beam of 
a laser pointer to strike a vessel operating on the navigable waters of 
               the United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2019

 Mr. Rouda (for himself and Mr. Gibbs) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
To amend title 46, United States Code, to prohibit causing the beam of 
a laser pointer to strike a vessel operating on the navigable waters of 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Boater Protection from Laser 
Pointers Act''.

SEC. 2. AIMING A LASER POINTER AT A VESSEL.

    (a) In General.--Subchapter II of chapter 700 of title 46, United 
States Code, is amended by adding at the end the following:
``Sec. 70014. Aiming a laser pointer at a vessel
    ``(a) Prohibition.--It shall be unlawful to cause the beam of a 
laser pointer to strike a vessel operating on the navigable waters of 
the United States.
    ``(b) Exceptions.--This section shall not apply to a member or 
element of the Department of Defense or Department of Homeland Security 
acting in an official capacity for the purpose of research, 
development, operations, testing, or training.
    ``(c) Laser Pointer Defined.--In this section the term `laser 
pointer' means any device designed or used to amplify electromagnetic 
radiation by stimulated emission that emits a beam designed to be used 
by the operator as a pointer or highlighter to indicate, mark, or 
identify a specific position, place, item, or object.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end of the items relating to such subchapter the 
following:

``70014. Aiming a laser pointer at a vessel.''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE INTERIM
CONSOLIDATED FINANCIAL STATEMENTS OF EASYRIDERS, INC. AND AS OF AND FOR THE
THREE-MONTH PERIOD ENDED MARCH 31, 2000 INCLUDED IN THIS REPORT ON FORM 10-Q AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         526,988
<SECURITIES>                                         0
<RECEIVABLES>                                3,726,219
<ALLOWANCES>                                   438,010
<INVENTORY>                                  2,832,073
<CURRENT-ASSETS>                             8,693,553
<PP&E>                                       8,779,012
<DEPRECIATION>                               3,063,814
<TOTAL-ASSETS>                              75,536,451
<CURRENT-LIABILITIES>                       16,761,083
<BONDS>                                      1,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,485
<OTHER-SE>                                  19,269,715
<TOTAL-LIABILITY-AND-EQUITY>                75,536,451
<SALES>                                     11,751,807
<TOTAL-REVENUES>                            11,751,807
<CGS>                                        8,845,812
<TOTAL-COSTS>                                8,845,812
<OTHER-EXPENSES>                             3,268,905
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,082,505
<INCOME-PRETAX>                            (1,375,267)
<INCOME-TAX>                                     7,851
<INCOME-CONTINUING>                        (1,383,118)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,383,118)
<EPS-BASIC>                                      (.06)
<EPS-DILUTED>                                    (.06)


</TABLE>
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2736

To amend title 38, United States Code, to clarify that the estate of a 
deceased veteran may receive certain accrued benefits upon the death of 
                  the veteran, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2019

  Mr. Zeldin introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to clarify that the estate of a 
deceased veteran may receive certain accrued benefits upon the death of 
                  the veteran, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Estate Transfer to 
Survivors Act''.

SEC. 2. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED 
              BENEFITS UPON DEATH OF BENEFICIARY.

    (a) Eligibility of Estate.--Section 5121(a)(2) of title 38, United 
States Code, is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, or estate,'' after ``person''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) The estate of the veteran (unless the estate 
                will escheat).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the death of an individual on or after the date 
of the enactment of this Act.
                                 <all>
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-1127

DTEX LLC, Plaintiff - Appellant,
versus BBVA BANCOMER, S.A. INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO, Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (7:04-cv-02273-GRA) Argued: November 29, 2006 Decided: January 17, 2007 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.
ARGUED: Kevin Augustus Dunlap, PARKER, POE, ADAMS & BERNSTEIN, L.L.P., Spartanburg, South Carolina, for Appellant. Frank Langston Eppes, EPPES & PLUMBLEE, P.A., Greenville, South Carolina, for Appellee. ON BRIEF: I. Faison Hicks, PARKER, POE, ADAMS & BERNSTEIN, L.L.P., Charlotte, North Carolina, for Appellant. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Plaintiff Dtex, LLC (Plaintiff), a South Carolina Corporation, brought the present civil action against defendant BBVA Bancomer, S.A. (Defendant), a foreign financial institution headquartered in Mexico, in the United States District Court for the District of South Carolina. Plaintiff’s action seeks damages under South Carolina common law and treble damages under the Racketeer Influenced and Corrupt Organization Act (RICO), 18 U.S.C. §§ 1961- 1968. The gravamen of Plaintiff’s complaint is that Defendant engaged in a course of criminal and corrupt practices to prevent Plaintiff from obtaining possession of certain equipment that Plaintiff had purchased in Mexico. Of relevance on appeal, Defendant moved, pursuant to Federal Rule of Civil Procedure 12(b)(2), to dismiss Plaintiff’s state law claims for lack of personal jurisdiction and moved, pursuant to Rule 12(b)(6), to dismiss Plaintiff’s RICO claims for failure to state a claim upon which relief can be granted. After allowing Plaintiff to amend its complaint and submit a RICO case statement, which case statement the district court treated as further amending the complaint, and after considering the legal memoranda submitted and oral arguments presented by the parties, the district court granted both motions in a comprehensive and exhaustive opinion. Dtex, LLC v. BBVA Bancomer, S.A. , 405 F. Supp. 2d 639 (D.S.C. Dec. 20, 2005).- 3 - Having thoroughly reviewed the district court’s excellent opinion and the parties’ briefs and submissions on appeal, and having heard oral argument in this case, we conclude that the district court did not err in granting Rule 12(b)(2) dismissal of Plaintiff’s state law claims, nor did it err in granting Rule 12(b)(6) dismissal of Plaintiff’s RICO claims. We, therefore, affirm on the reasoning of the district court. Dtex, LLC , 405 F. Supp. 2d at 643-52. AFFIRMED
# CITY OF INTERNATIONAL FALLS

Mr. Dennis DeVany Chief, Essential Air Service Division U.S. Department ofTransportation, Office ofthe Secretary 1200 NewJersey Avenue SE Washington, D.C. 20590 August 6, 2012 Dear Mr. DeVany, 600FOURTH STREET INTERNATIONALFALLS, MN 56649 Telephone 218/283-9484 FAX 218/283-3590 

### OFFICEOFMAYOR Timothy "Chopper" McBride r""-··'

On behalfofthe City of International Falls and the greater International Falls community, the International Falls City Council respectfully requests thatthe United States Department of Transportation select Sky WestAirlines as the Essential Air Service carrier for Falls International Airport based on Sky West's recent proposal for service. We understand the Sovereign Air proposal forourairport is not under serious consideration atthis time because ofcertain lacking licensures and, while we have found Great Lakes Airlines representatives to be open and congenial in our dealings with them, it is clearthatthe type and level ofservice offered by Sky West is much better suited to our needs and our market. It appears to be more economical as well. We have been in conversation with Brainerd-Crow Wing airport and it appears they are similarly inclined. We understand thatthe pairing ofthe two is one ofthe package elements requested by Sky West. We have paired with Brainerd in the past and have always had a cooperative and collegial relationship with them. We lookforward to workingwith Brainerd again as an air service partner and**~~fcfi'ging** 

## a strongteam with them ahd Sky WestAirlines to the benefit ofall. Other community members and organizations may have contributions to make regarding this matter and we respectfully request that you consider their comments and opinions as they are submitted. We are standing byto workwith you, Brainerd and Sky West to ensure a seamless transition and a productive partnership. Thank you, as always, foryour assistance in this matter.

Timothy "Chopper" McBride, Mayor City of International Falls
[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Page 30201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14734]



[[Page 30201]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 052298C]


Marine Mammals; File No. 782-1447

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of permit.

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

SUMMARY: Notice is hereby given that Douglas P. DeMaster, Ph.D., 
Director, National Marine Mammal Laboratory, National Marine Fisheries 
Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, 
WA 98115-0070, has been issued a permit to take Steller sea lions, 
Eumetopias jubatus, and northern fur seals, Callorhinus ursinus, for 
purposes of scientific research.

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment in the following office(s):
    Permits and Documentation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910 (301/
713-2289);
    Regional Administrator, Northwest Region, National Marine Fisheries 
Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, 
WA 98115-0070; and
    Regional Administrator, Alaska Region, National Marine Fisheries 
Service, NOAA, P.O. Box 21668, Juneau, AK 99802-1668.

FOR FURTHER INFORMATION CONTACT: Sara Shapiro or Ruth Johnson, 301/713-
2289.

SUPPLEMENTARY INFORMATION: On March 18, 1998, notice was published in 
the Federal Register (63 FR 13228) that a request for a scientific 
research permit to take Steller sea lions and northern fur seals had 
been submitted by the above-named organization. The requested permit 
has been issued under the authority of the Marine Mammal Protection Act 
of 1972, as amended (16 U.S.C. 1361 et seq.), the Regulations Governing 
the Taking and Importing of Marine Mammals (50 CFR part 216), the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), the regulations governing the taking, importing, and exporting 
of endangered fish and wildlife (50 CFR parts 217-227), and the Fur 
Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.).
    Issuance of this permit, as required by the ESA, was based on a 
finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of the endangered species which is the 
subject of this permit, and (3) is consistent with the purposes and 
policies set forth in section 2 of the ESA.
    Dated: May 28, 1998.
Ann Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 98-14734 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F