alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016090EN.01001102.xml

| 7.3.2016 | EN | Official Journal of the European Union | C 90/11 |
| --- | --- | --- | --- |

7.3.2016

EN

Official Journal of the European Union

C 90/11

---

Request for a preliminary ruling from the Cour de cassation (France) lodged on 12 January 2016 — Oussama El Dakkak, Intercontinental SARL v Administration des douanes et des droits indirects

(Case C-17/16)

(2016/C 090/15)

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Appellants: Oussama El Dakkak, Intercontinental SARL

Appellants:

Respondent: Administration des douanes et des droits indirects

Respondent:

Question referred

Question referred

Must Article 3(1) of Regulation (EC) No 1889/2005 of 26 October 2005 (1) and Article 4(1) of Regulation (EC) No 562/2006 of 15 March 2006 (2) be interpreted as meaning that a national of a third State who is in the international transit area of an airport is not subject to the obligation to make a declaration under Article 3(1) of Regulation (EC) No 1889/2005 of 26 October 2005, or, on the contrary, must those provisions be interpreted as meaning that that national is subject to that obligation by virtue of having crossed an external border of the Community at one of the border crossing points referred to in Article 4(1) of Regulation (EC) No 562/2006 of 15 March 2006?

1

2

---

(1)  Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ 2005 L 309, p. 9).

1

(2)  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1).

2

---
# Official Journal L 330/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 330 |
| | |
| English edition | Legislation | Volume 593 December 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 330

English edition

Legislation

Volume 593 December 2016

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2016/2094 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2016/2094 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

1

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings ( OJ L 347, 20.12.2013 ) | 5 |

Corrigenda

*

Corrigendum to Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings ( OJ L 347, 20.12.2013 )

( OJ L 347, 20.12.2013 )

5

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
#### Titus WILLIAMS, Petitioner-Appellant, v. Warden McCALL, Perry Correctional Institution, Respondent-Appellee.

No. 11-6591.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 25, 2011.

Decided: Aug. 30, 2011.

Titus Williams, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Samuel Creighton Waters, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Titus Williams seeks to appeal the district court’s order denying his Fed. R.Civ.P. 60(b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(A) (2006); *Reid v. Angelone,*369 F.3d 363, 369 (4th Cir.2004). A certificate of appeal-ability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85,120 S.Ct. 1595. We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.*
Exhibit 32.2

Informational Addendum to Annual Report on Form 10-K/A

Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

Not Filed Pursuant to the Securities Exchange Act of 1934

The undersigned Chief Financial Officer and Secretary of OYO Geospace Corporation does hereby certify as follows:

Solely for the purpose of meeting the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and solely to the extent this
certification may be applicable to this Annual Report on Form 10-K/A, the undersigned hereby certifies that this Annual Report on Form 10-K/A fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
the information contained in this Annual Report on Form 10-K/A fairly presents, in all material respects, the financial condition and results of operations of OYO Geospace Corporation.



/s/ Thomas T. McEntireName:

Thomas T. McEntireTitle:

Vice President, Chief Financial Officer and Secretary January 27, 2012
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1063 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1063

      To suspend temporarily the duty on KN001 (a hydrochloride).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 24, 1997

Mr. Rockefeller introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on KN001 (a hydrochloride).

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of Chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``   9902.30.41       2-4-dichlon-5-                                                                            
                       hydrozyhydrazin                                                                          
                       e hydrochloride                                                                          
                       (CAS No. 189573-                                                                         
                       21-5) (provided                                                                          
                       for in                                                                                   
                       subheading                                                                               
                       2928.00.25)....  Free              No change         No change        On or before 12/   
                                                                                              31/98             
                                                                                                              ''

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
Exhibit
10.8a
 
 AMENDMENTS
TO THE
 CHANGE
IN CONTROL SEVERANCE AGREEMENT
 BETWEEN
 IMPERIAL
CAPITAL BANCORP, INC. AND LYLE C. LODWICK
 TO
COMPLY WITH
 INTERNAL
REVENUE CODE SECTION 409A
 
  WHEREAS,
on February 1, 2006, Lyle C. Lodwick entered into a Change in Control Severance
Agreement with Imperial Capital Bancorp, Inc. (formerly known as ITLA Capital
Corporation) (the “Agreement”); and
  WHEREAS,
the Agreement includes an election provision that may provide for deferred
compensation and therefore must be amended to comply with Section 409A of the
Internal Revenue Code and the regulations and guidance of general applicability
issued thereunder; and
  WHEREAS,
the Agreement may be amended by a writing signed by the parties to the
Agreement.
  NOW,
THEREFORE, the foregoing considered, it is agreed as follows:
  That
effective as of January 1, 2005, the Agreement is amended by revising Paragraph
3(a)(2) to read as follows:
  “(2)  a
sum equal to 18 times the monthly premium cost being paid by the Company to
provide such health, dental and life insurance benefits as are maintained for
the Employee on the Date of Termination, with the monthly premium cost being
determined immediately prior to the Date of Termination;”
  IN
WITNESS WHEREOF, this Amendment has been executed this 31st day of December,
2008, effective as of January 1, 2005.
   IMPERIAL
CAPITAL BANCORP, INC.
  By:            /s/ Jeffrey L.
Lipscomb
  LYLE C.
LODWICK
  By:            /s/ Lyle C.
Lodwick
Exhibit 23.1



            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the  incorporation by reference in the Registration  Statement No.
333-118128  on Form  F-3 of our  report  dated  May  18,  2006,  related  to the
financial  statements of Nordic American  Tanker  Shipping  Limited for the year
ended December 31, 2005,  appearing in this Annual Report on Form 20-F of Nordic
American Tanker Shipping Limited for the year ended December 31, 2005.



/s/  Deloitte Statsautoriserte Revisorer AS
----------------------------------------------
     Deloitte Statsautoriserte Revisorer AS


Oslo, Norway
June 30, 2006
<PAGE>   1
 
                                                                    EXHIBIT (23)
 
               CONSENT OF ERNST & YOUNG LLP INDEPENDENT AUDITORS
 
   
     We consent to the incorporation by reference in the Registration Statements
of MedPartners, Inc. and in the related Prospectus of our report dated February
3, 1997, with respect to the consolidated financial statements of MedPartners,
Inc. included in this Annual Report (Form 10-K/A) for the year ended December
31, 1996 as follows:
    
 
     Form S-8 No. 033-86806 pertaining to the 1993 Stock Option Plan;
     Form S-8 No. 333-11875 pertaining to MedPartners Incentive Compensation
      Plan;
     Form S-8 No. 333-11127 pertaining to the 1995 Stock Option Plan;
     Form S-8 No. 333-05703 pertaining to MedPartners' Employee Savings Plan;
     Form S-8 No. 333-14159 pertaining to Caremark's Employee Savings Plan;
     Form S-8 No. 333-14163 pertaining to Caremark's Non-Employee/Director Stock
      Option Plan and Caremark's Stock Purchase Plan;
     Form S-8 No. 333-16863 pertaining to MedPartner's Employee Stock Purchase
      Plan;
     Form S-3 No. 333-17337 pertaining to the Affiliated Stock Purchase Plan;
      and
     Form S-3 No. 333-17339 pertaining to the resale of common stock by certain
      selling stockholders.
 
                                          ERNST & YOUNG LLP
 
   
May 15, 1997
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  APR-01-1999
<PERIOD-END>                    JUN-30-1999
<CASH>                          1,883,896
<SECURITIES>                    0
<RECEIVABLES>                   3,525,354
<ALLOWANCES>                    0
<INVENTORY>                     1,242,003
<CURRENT-ASSETS>                6,651,253
<PP&E>                          285,714
<DEPRECIATION>                  41,385
<TOTAL-ASSETS>                  8,557,287
<CURRENT-LIABILITIES>           151,873
<BONDS>                         9,818,000
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        1,000
<OTHER-SE>                      0
<TOTAL-LIABILITY-AND-EQUITY>    8,557,287
<SALES>                         0
<TOTAL-REVENUES>                499,791
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                537,097
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              256,952
<INCOME-PRETAX>                 (294,258)
<INCOME-TAX>                    0
<INCOME-CONTINUING>             (294,258)
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (294,258)
<EPS-BASIC>                   (294.26)
<EPS-DILUTED>                   (294.26)







</TABLE>
EX-4.7





 Exhibit 4.7 
  

					
		  	 CERTIFICATE OF FORMATION

 
 OF

 
 IH MERGER SUB, LLC

 
 Dated as of August 8, 2017
	  	

 This Certificate of Formation of IH Merger Sub, LLC is being duly executed and filed by the undersigned, as an
authorized person, to form a limited liability company under the Delaware Limited Liability Company Act, 6 Del. C. §18-101, et seq. 

1. Name. The name of the limited liability company formed hereby is IH Merger Sub, LLC (the “Company”). 

2. Registered Office. The address of the registered office of the Company in the State of Delaware is c/o Corporation Service Company,
251 Little Falls Drive, Wilmington, DE 19808. 
 3. Registered Agent. The name and address of the registered agent of the Company in
the State of Delaware is Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. 
 [Signature page follows] 












 IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation of IH Merger
Sub, LLC as of the date first above written. 
  

					
	
		
	By:	 	/s/ Elizabeth Romefelt
		 	Name:	 	Elizabeth Romefelt
		 	Title:	 	Authorized Person


 [Signature Page to Certificate of Formation (IH Merger Sub, LLC)]
Case: 1:02-cv-01764 Document #: 77 Filed: 08/03/04 Page 1 of 1 PageID #:562
<PAGE>


                                                                    Exhibit 23.2





                          Independent Auditors' Consent
                          -----------------------------

The Board of Directors
Allscripts Healthcare Solutions, Inc.:

We consent to the incorporation by reference in the registration statements (No.
333-67981) on Form S-4 and (Nos. 333-01502, 333-31047, 333-31045, and 333-64028)
on Form S-8 and in the December 31, 2002 annual report on Form 10-K of IDX
Systems Corporation of our report dated February 11, 2002, with respect to the
consolidated balance sheets of Allscripts Healthcare Solutions, Inc. and
subsidiaries as of December 31, 2001, and the related consolidated statements of
operations, stockholders' equity (deficit) and comprehensive income (loss), and
cash flows for each of the years in the two-year period ended December 31, 2001,
which report appears in the December 31, 2001 annual report on Form 10-K of
Allscripts Healthcare Solutions, Inc.

/s/KPMG LLP



Chicago, Illinois
March 28, 2003
Exhibit  99.2

                                  CERTIFICATION

Pursuant  to  Section  906 of the Corporate Fraud Accountability Act of 2002 (18
U.S.C. Section 1350, as adopted), Richard B. Slansky, Chief Financial Officer of
SpaceDev,  Inc.  (the  "Company"),  hereby  certifies  that,  to the best of his
knowledge:

The  Company's  Quarterly  Report  on  Form 10-QSB for the period ended June 30,
2003, and to which this Certification is attached as Exhibit 99.2 (the "Periodic
Report"), fully complies with the requirements of section 13(a) or section 15(d)
of  the  Securities  Exchange  Act  of  1934,  as  amended,  and the information
contained  in the Periodic Report fairly presents, in all material respects, the
financial  condition  and  results  of  operations  of  the  Company.

IN  WITNESS WHEREOF, the undersigned have set their hands hereto as of this 13th
day  of  August  2003.


By:  /s/  Richard  B.  Slansky
-----------------------------------
          Richard  B.  Slansky
          Chief  Financial  Officer
#### In the Matter of Incorporated Village of Hempstead Urban Renewal Agency, Relative to Acquiring Title to Real Property Known as Parcel No. 25 Jo-Rich Corp. Incorporated Village of Hempstead, Respondent-Appellant; Jo-Rich Realty, Appellant-Respondent.

In a condemnation proceeding, the parties cross-appeal from a judg*645ment of the Supreme Court, Nassau County (McGinity, J.), entered June 13, 1984, which awarded claimant the principal sum of $50,530, plus interest at the rate of 9% per annum.

Judgment affirmed, without costs or disbursements.

The findings of the trial court with respect to the value of the condemned property in question were within the range of the expert testimony, were supported by other evidence in the record, and were adequately explained by the court *(see, e.g., Matter of City of New York [Reiss],*55 NY2d 885; *Matter of City of New York [A. & W. Realty Corp.],*1 NY2d 428). The capitalization rate used by the trial court was based on the credible evidence in the record *(see, Shore Haven Apts. No. 6 v Commissioner of Fin. of City of N. Y.,*93 AD2d 233; *Matter of City of New York [Oceanview Terrace],*42 NY2d 948; *Diocese of Buffalo v State of New York,*18 NY2d 41; *People ex rel. Manhattan Ry. Co. v Woodbury,*203 NY 231). In addition, we decline to disturb the finding of the trial court with respect to the interest rate to be applied to the award. We have considered the parties’ other contentions and find them to be without merit. Thompson, J. P., Brown, Weinstein and Eiber, JJ., concur.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15** 
**- 2303** 

In re: JERRY WAYNE SHARPE ,

Petitioner

.

On Petition for Writ of Mandamus

. ( 5:14

- ct

- 03269

- F )

Submitted : December 17, 2015 Decided: December 21, 2015

Before DIAZ and HARRIS , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition s denied by un published per curiam opinion

.

Jerry Wayne Sharpe , Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Jerry Wayne Sharpe petitions for a writ of mandamus,
alleging that the district court has unduly delayed in ruling on
his motion for release pending appeal . He seeks an order from
this court directing the district court to act. We find the
present record does not reveal undue delay in the district
court. Accordingly, we grant leave to proceed in forma pauperis

and deny the mandamus petition and the amended mandamus
petition . We dispense with oral argument because the facts and
legal contentions are adeq uately presented in the materials

before th is court and argument would n ot aid the decisional

process.

PETITION S DENIED
Order entered June 7, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-00958-CR

No. 05-12-00959-CR

GREGORIO DIAZ LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4

Dallas County, Texas

Trial Court Cause Nos. F09-40834-K, F09-40835-K

ORDER

The Court GRANTS appellant’s June 5, 2013 motion to extend time to file his brief. We 

ORDER the appellant’s brief received on June 5, 2013 filed as of the date of this order.

/s/ DAVID EVANS

JUSTICE
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

488 

TP 16-01007 

PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ. 

 

IN THE MATTER OF SHANNON V. CAMPBELL, PETITIONER, 

V ORDER

ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW 

YORK STATE DEPARTMENT OF CORRECTIONS AND 

COMMUNITY SUPERVISION, RESPONDENT. 

 

SHANNON V. CAMPBELL, PETITIONER PRO SE. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF

COUNSEL), FOR RESPONDENT. 

 

Proceeding pursuant to CPLR article 78 (transferred to the

Appellate Division of the Supreme Court in the Fourth Judicial

Department by order of the Supreme Court, Seneca County [Dennis F.

Bender, A.J.], entered June 9, 2016) to review a determination of

respondent. The determination found after a tier III hearing that

petitioner had violated various inmate rules. 

It is hereby ORDERED that said proceeding is unanimously

dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d

996).

Entered: April 28, 2017 Frances E. Cafarell

Clerk of the Court