alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2008143EN.01001201.xml

| 3.6.2008 | EN | Official Journal of the European Union | L 143/12 |
| --- | --- | --- | --- |

3.6.2008

EN

Official Journal of the European Union

L 143/12

---

COMMISSION REGULATION (EC) No 487/2008

of 2 June 2008

registering a name in the Register of protected designations of origin and protected geographical indications (Casatella Trevigiana (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, Italy's application to register the name ‘Casatella Trevigiana’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, Italy's application to register the name ‘Casatella Trevigiana’ was published in the Official Journal of the European Union (2).

| (2) | As no objections within the meaning of Article 7 of Regulation (EC) No 510/2006 were received by the Commission, this name should be entered in the Register, |
| --- | --- |

(2)

As no objections within the meaning of Article 7 of Regulation (EC) No 510/2006 were received by the Commission, this name should be entered in the Register,

HAS ADOPTED THIS REGULATION:

Article 1

The name given in the Annex to this Regulation shall be entered in the Register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 June 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12. Regulation as last amended by Commission Regulation (EC) No 417/2008 (OJ L 125, 9.5.2008, p. 27).

1

(2)  
  OJ C 204, 1.9.2007, p. 20.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheese

ITALY

Casatella Trevigiana (PDO)

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-2395

In Re: ANDREW CLIFFORD MOORE,

Debtor.

_________________________

GEORGE E. MCDERMOTT,

Creditor - Appellant,

versus

ANDREW CLIFFORD MOORE,

Debtor - Appellee,

versus

OFFICE OF THE UNITED STATES TRUSTEE,

Party in Interest.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-95-

3904-MJG, BK-88-42746)

Submitted: April 14, 1998 Decided: May 5, 1998

Before ERVIN, HAMILTON, and MOTZ, Circuit Judges.
2

Affirmed by unpublished per curiam opinion.

George E. McDermott, Appellant Pro Se. Janet Marsha Nesse, RILEY

& ARTABANE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

George McDermott appeals from the district court's order

affirming the bankruptcy court's order denying his motion to compel

performance under Andrew Moore's bankruptcy plan of reorganization.

We have reviewed the bankruptcy court record, the district court

record, and the district court's opinion affirming the decision of

the bankruptcy court and find no reversible error. Accordingly, we

deny McDermott's motion for a motions hearing and affirm on the

reasoning of the district court. McDermott v. Moore, Nos. CA-95-

3904-MJG, BK-88-42746 (D. Md. Sept. 5, 1996). The following people

filed nearly identical motions entitled "Partner's Motion in Support of Appellant George E. McDermott's Pro Se Motion for Return of

Partnership Assets to Rightful Owners and Motion for Appointment of

a Trustee/Receiver": Louis W. Johnson, Jr., Harold and Rosanna

McDermott, Tamara Sheaff, Steven J. Evan, David and Ruth Kay,

Billie Jo and Elaine Walker, and Jon Johnson. Because these people

are not parties to this appeal and have not moved for leave to intervene, and because McDermott has not filed a motion for return of

partnership assets in this court, we deny these motions. McDermott

filed in this court an objection to the debtor's attorney's motion

to withdraw from further proceedings. The motion was filed in, and

granted by, the bankruptcy court. McDermott's objection is not

properly before the court, and, in any event, it is meritless. We

deny, as moot, McDermott's motion to expedite the appeal. We dispense with oral argument because the facts and legal contentions
4

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
#### Ernst Steel Corp., Respondent-Appellant, v Horn Construction Division et al., Appellants-Respondents.

— Motion and cross motion for modification and clarification granted to the extent that the last paragraph of this court’s opinion dated November 7, 1984 (104 AD2d 55) amended to read as follows: “Accordingly, the judgment should be modified to award damages on the first, second, fifth and sixth causes of action totaling $69,063.07, together with interest on such amount as follows: $12,025.50, plus interest from January 1, 1976, for design changes; $6,492.46, plus interest from March 1, 1976, for increased delivery costs to the jobsite and $50,545.11, plus interest *1105from January 1, 1975, for extra handling and, as modified, affirmed”; and the first sentence of the ordering paragraph of the remittitur order entered November 7, 1984 amended to read as follows: “It is hereby ordered, That the judgment so appealed from be and the same hereby is unanimously modified, on the law and facts, to award damages to plaintiff on the first, second, fifth and sixth causes of action totaling $69,063.07, together with interest on such amount as follows: $12,025.50, plus interest from January 1, 1976, for design changes; §6,492.46, plus interest from March 1, 1976, for increased delivery costs to the jobsite and $50,545.11, plus interest from January 1, 1975, for extra handling and, as modified, the judgment is affirmed, without costs.” Present — Hancock, Jr., J. P., Denman, Green,

O’Donnell and Schnepp, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 2210 

To require combination 3-point safety belts on certain school buses, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2005 

Mr. BACA (for himself, Mr. CLEAVER, and Mr. BROWN of Ohio) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To require combination 3-point safety belts on certain school 

buses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save Every Child 

5 Using Restraints Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) According to a National Transportation 

9 Safety Board report, the current safety feature of 

10 compartmentalization does not protect school bus 
2 

•HR 2210 IH 

1 passengers during lateral impacts and rollover crash2 es because passengers do not always remain com3 pletely in their seat. 

4 (2) Studies by the National Highway Traffic 

5 Safety Administration indicated less trauma to the 

6 head and neck of those passengers wearing 3-point 

7 safety belts in school buses than by passengers in 

8 buses without 3-point safety belts or wearing only 

9 lap safety belts. 

10 (3) These studies also concluded that 3-point 

11 safety belts may not be compatible with seats de12 signed according to the current safety mechanism of 

13 compartmentalization. 

14 (4) These studies have also shown the need for 

15 proper use of safety belts and the need for increased 

16 education in school bus safety and safety belt use. 

17 SEC. 3. SAFETY BELTS IN SCHOOL BUSES. 

18 (a) SAFETY STANDARD.—Not later than 180 days 

19 after the date of enactment of this Act, the Secretary of 

20 Transportation shall issue regulations establishing a safe21 ty standard requiring that such school buses with a gross 

22 vehicle weight of more than 10,000 pounds, as the Sec23 retary determines appropriate, be equipped with 3-point 

24 safety belts on all seats. 
3 

•HR 2210 IH 

1 (b) COMPATIBILITY WITH COMPARTMENTALIZATION

2 SAFETY MECHANISM.—In formulating the safety stand3 ard under this section, the Secretary shall consider the 

4 compatibility of 3-point safety belts on seats designed ac5 cording to the current safety mechanism of 

6 compartmentalization, as designated by the National 

7 Highway Traffic Safety Administration. 

8 SEC. 4. ELEMENTARY AND SECONDARY SCHOOL TRAFFIC 

9 SAFETY EDUCATION. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Secretary of Transportation shall establish 

12 an elementary and secondary school traffic safety pro13 gram, including providing education on the use and misuse 

14 of 3-point safety belts on all school buses. 

Æ
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 1 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 1 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 2 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 2 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 3 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 3 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 4 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 4 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 5 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 5 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 6 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 6 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 7 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 7 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 8 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 8 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 9 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 9 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 10 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 10 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 11 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 11 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 12 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 12 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 13 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 13 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 14 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 14 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 15 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 15 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 16 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 16 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 17 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 17 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 18 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 18 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 19 of 20 case 1:12-cv-00263-PPS-RBC document 1 filed 07/30/12 page 19 of 19
case 1:13-cv-00164-PPS-RBC document 2 filed 05/22/13 page 20 of 20 case 1:12-cv-00263-PPS-RBC document 1-1 filed 07/30/12 page 1 of 1
#### In the Matter of Marian Gray, Appellant, v Canisius College of Buffalo, New York, Inc., et al., Respondents. —

Judgment unanimously affirmed, with costs, for reasons stated at Trial Term, Cook, J. (Appeal from judgment of Supreme Court, Erie County, Cook, J. — art 78.) Present — Callahan, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                             DEC-31-1997
<PERIOD-END>                                  MAR-31-1998 
<CASH>                                            21,764
<INT-BEARING-DEPOSITS>                             2,040
<FED-FUNDS-SOLD>                                  10,950
<TRADING-ASSETS>                                   3,497
<INVESTMENTS-HELD-FOR-SALE>                            0              
<INVESTMENTS-CARRYING>                           217,094
<INVESTMENTS-MARKET>                             212,880
<LOANS>                                          426,776
<ALLOWANCE>                                        6,350
<TOTAL-ASSETS>                                   721,163
<DEPOSITS>                                       558,341
<SHORT-TERM>                                       2,641  
<LIABILITIES-OTHER>                                7,743
<LONG-TERM>                                       77,269
<COMMON>                                          22,046
<PREFERRED-MANDATORY>                                  0
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<OTHER-SE>                                        53,123
<TOTAL-LIABILITIES-AND-EQUITY>                   721,163  
<INTEREST-LOAN>                                    9,911
<INTEREST-INVEST>                                  3,393
<INTEREST-OTHER>                                     152
<INTEREST-TOTAL>                                  13,456
<INTEREST-DEPOSIT>                                 5,070   
<INTEREST-EXPENSE>                                 6,235
<INTEREST-INCOME-NET>                              7,221
<LOAN-LOSSES>                                        193
<SECURITIES-GAINS>                                     0
<EXPENSE-OTHER>                                    4,932
<INCOME-PRETAX>                                    3,353
<INCOME-PRE-EXTRAORDINARY>                         2,377
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                       2,377
<EPS-PRIMARY>                                        .36
<EPS-DILUTED>                                        .35
<YIELD-ACTUAL>                                      4.37
<LOANS-NON>                                        4,381
<LOANS-PAST>                                         989
<LOANS-TROUBLED>                                       0 
<LOANS-PROBLEM>                                        0
<ALLOWANCE-OPEN>                                   6,720
<CHARGE-OFFS>                                        279
<RECOVERIES>                                         166    
<ALLOWANCE-CLOSE>                                  6,350
<ALLOWANCE-DOMESTIC>                               6,350
<ALLOWANCE-FOREIGN>                                    0
<ALLOWANCE-UNALLOCATED>                                0
        

</TABLE>
#### The People of the State of New York, Respondent, v Leroy Green, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered September 15, 1982, convicting him of robbery in the first degree and criminal use of a firearm in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The issues raised by defendant concerning his plea of guilty were not presented to the court of first instance in a motion to withdraw the plea or by way of a motion to vacate the judgment. Accordingly, those issues have not been preserved for review *(see, People v Pellegrino,*60 NY2d 636). In any event, were we to address the merits, we would affirm.

Defendant contends that Criminal Term erred by accepting his plea without advising him of his right to testify and to call witnesses on his own behalf. It is well established that no uniform mandatory catechism of pleading is required *(People v Nixon,*21 NY2d 338, *cert denied sub nom. Robinson v New York,*393 US 1067). The record before us demonstrates that the fundamentals of plea taking were observed, that defendant freely acknowledged the facts of the crime in response to the court’s questions and that defendant’s plea was knowingly and voluntarily entered *(People v Harris,*61 NY2d 9).

Because defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter imposed, defendant has no basis upon which to complain that his sentence was excessive *(see, People v Kazepis,*101 AD2d 816). Mangano, J. P., Gibbons, Bracken and Kunzeman, JJ., concur.
[No. 29909-7-II.

Division Two.

January 11, 2005.]

#### The State of Washington, *Respondent,*v. S. Don Phelps, *Appellant.*

Appeal from a judgment of the Superior Court for Thurston County, No. 02-1-01487-2, David R. Draper, J., entered January 27, 2004. *Affirmed*by unpublished opinion per Hunt, J., concurred in by Quinn-Brintnall, C.J., and Houghton, J.
# L_2008215EN.01000301.xml

| 12.8.2008 | EN | Official Journal of the European Union | L 215/3 |
| --- | --- | --- | --- |

12.8.2008

EN

Official Journal of the European Union

L 215/3

---

COUNCIL DECISION

of 24 July 2008

appointing a German member and a German alternate member of the Committee of the Regions

(2008/657/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the German Government,

Whereas:

| (1) | On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Gerold WUCHERPFENNIG. An alternate member’s seat becomes vacant following the appointment of Mr Klaus ZEH as a member of the Committee of the Regions, |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Gerold WUCHERPFENNIG. An alternate member’s seat becomes vacant following the appointment of Mr Klaus ZEH as a member of the Committee of the Regions,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

| (a) | as member:






  — | Mr Klaus ZEH, Minister für Bundes- und Europaangelegenheiten und Chef der Staatskanzlei, Mitglied des Thüringer Landtags (change of mandate), and |
| --- | --- | --- |

(a)

as member:

—

Mr Klaus ZEH, Minister für Bundes- und Europaangelegenheiten und Chef der Staatskanzlei, Mitglied des Thüringer Landtags (change of mandate), and

| (b) | as alternate member:






  — | Mr Fritz SCHRÖTER, Mitglied des Thüringer Landtags. |
| --- | --- | --- |

(b)

as alternate member:

—

Mr Fritz SCHRÖTER, Mitglied des Thüringer Landtags.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 24 July 2008.

For the Council

The President

B. HORTEFEUX

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
**Exhibit 32.2**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICEROR**

**PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

 

In connection with the Quarterly Report, on Form 10-Q, of Sun Bancorp, Inc. (the “Company”), for the period ending June 30, 2003, as filed with the Securities and Exchange Commission (the “Report”), I, Wilmer D. Leinbach, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as added by 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.                                       To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods covered by the Report.

 

 
|   | /s/ Wilmer D. Leinbach                 |   |
|--------|----------------------------------------|--------|
|   | Exec. VP & Chief Financial Officer |
|   |                                   |
| Date:  | August 11, 2003                        |   |   |
|        |                                        |        |  |  |

 

----
#### In re ROCHE. BATES et al., Appellants, v. ROCHE et al., Respondents.

(Supreme Court, Appellate Division, Third Department.

September 26, 1907.)

In the matter of the judicial settlement of the accounts of William J. Roche, as executor of the last will and testament of Henry T. Nason, deceased. Action by Eliza E. Bates and another against William J. Roche, as executor, etc., and others.

No opinions. Motions denied. See 104 N. Y. Supp. 601, 1138.
[No. 37773-6-I.

Division One.

October 13, 1997.]

#### The State of Washington, *Respondent,*v. Daniel Anthony Wood, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 95-1-04846-0, Joan E. DuBuque, J., entered December 1, 1995. *Reversed*by unpublished opinion per Kennedy, A.C.J., concurred in by Grosse and Becker, JJ.
[No. 21354-1-II.

Division Two.

September 19, 1997.]

#### The State of Washington, *Respondent,*v. Lavonn Williams, II, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 96-1-01465-8, Nile E. Aubrey, J., entered November 13, 1996. *Affirmed*by unpublished opinion per Hunt, J., concurred in by Houghton, C.J., and Bridgewater. J.
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN NO. 03-04-00316- CV Debbie Desm ond; Denni s Davis, Ind ividu ally and d/b /a Aqua T ech Mar ine;

and Aq ua Tech Marine Indu stries, Inc., Appellants v. Wa nda M abr y, Ro y M abr y, M ar que tt e M abr y, and

Mary Sue Wheele r, Appellees F ROM THE DISTRICT CO URT OF TRAVIS COUNTY , 353RD JUDICI AL DISTRICT NO. GN203092 , HO NORAB LE SUZANNE COVINGTO N, JUDGE PRESIDI NG

M E M O R

A N D UM O P I N I O N On D ec emb er

1 7 , 2 0 0 4 , th i s C o urtn o t i fi edap p el l an t s th atth ei r b ri ef wa s o v er due and instructed appe llants to respond to our notice in ten da y s or fa ce dismissal for w ant of prose cution. SeeTex. R. App. P . 38.8(a) (1). To date, appe llants have not filed a brief or re sponded in any way to this C ourt’s notice. A ccor dingly , we dismiss the appea l for wa nt of prosec ution. See Te x. R. App. P. 42.3(b), (c ).

W. Kenneth L aw, Chief Justice Be fore Chief J ustice L aw, Justi ces B . A. Smith and Pury ear Dismissed for Want of Prosecution Filed: January

28, 2005
I 

109TH CONGRESS 

1ST SESSION H. R. 189 

To provide for the retention of the name of Mount McKinley. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. REGULA introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To provide for the retention of the name of Mount McKinley. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That, notwithstanding any other authority of law, the 

4 mountain located 63 degrees 04 minutes 12 seconds north, 

5 by 151 degrees 00 minutes 18 seconds west shall continue 

6 to be named and referred to for all purposes as Mount 

7 McKinley. 

Æ