alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009123EN.01001001.xml

| 3.6.2009 | EN | Official Journal of the European Union | C 123/10 |
| --- | --- | --- | --- |

3.6.2009

EN

Official Journal of the European Union

C 123/10

---

COUNCIL DECISION

COUNCIL DECISION

of 25 February 2009

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2009/C 123/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

1

Having regard to the nominations submitted by the Government of CYPRUS,

Whereas:

| (1) | By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009. |
| --- | --- |

(1)

By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

2

| (2) | A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Michael PHYSENTZIDES. |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Michael PHYSENTZIDES.

| (3) | The Cypriot member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009, |
| --- | --- |

(3)

The Cypriot member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

17 September 2009

GOVERNMENT REPRESENTATIVE

GOVERNMENT REPRESENTATIVE

CYPRUS: Dr. George OXINOS

Done at Brussels, 25 February 2009.

For the Council

The President

J. ŠEBESTA

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 240, 5.10.2006, p. 1.

2

---
#### In the Matter of Arnold Fordham, Petitioner, v William Lee, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

[946 NYS2d 901]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

A large number of inmates were fighting in the recreation yard and refused orders to stop until a warning shot was fired into the air. Petitioner was identified as one of the inmates and charged in a misbehavior report with refusing a direct order, fighting, creating a disturbance and engaging in violent conduct. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued,* and we now confirm.

Initially, we reject petitioner’s claim that he was improperly denied the right to have the correction officer who escorted him back to his cell testify at the hearing. The officer was not present in the yard where the inmates were fighting and his testimony, therefore, had no relevance to the charges against petitioner *(see Matter of Lozada v Cook,*67 AD3d 1232, 1233 [2009], *lv denied*14 NY3d 706 [2010]; *Matter of Thompson v Votraw,*65 AD3d 1403, 1404 [2009]). Petitioner’s claim that he was denied effective employee assistance has not been preserved *1244for our review due to his failure to raise it at the hearing *(see Matter of Hernandez v Bezio,*76 AD3d 1148, 1148-1149 [2010]; *Matter of Hawkins v Fischer,*72 AD3d 1378, 1379 [2010]). His remaining contentions have been considered and, to the extent that they have been preserved for our review, they are unpersuasive.

Mercure, J.P., Rose, Spain, Stein and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 We note that petitioner did not raise the issue of substantial evidence in the verified petition and, as such, the proceeding was improperly transferred to this Court *(see Matter of Barone v Prack,*92 AD3d 999, 999 n [2012]; *Matter of Lewis v Lape,*90 AD3d 1259, 1259 n [2011], *lv denied*18 NY3d 809 [2012]). We, nevertheless, retain jurisdiction and address petitioner’s claims in the interest of judicial economy.
Page 1 – NOTICE OF APPEAL 

Bonner C. Walsh, OSB 131716 

bonner@walshpllc.com 

WALSH LLC 

PO Box 7 

Bly, Oregon 97622 

Phone 541.359.2827 

Facsimile 866.503 8206 

Adam Gonnelli (admitted pro hac vice) 

NY State Bar No. 2901361 

THE SULTZER LAW GROUP P.C. 

85 Civic Center Plaza, Suite 104 

Poughkeepsie, NY 12601 

Phone: (845) 483-7100 

Facsimile: (888) 749-7747 

Email: gonnellia@thesultzerlawgroup.com 

 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

CHRISTOPHER HAMILTON, individually 

and on behalf of all others similarly situated, 

Plaintiff, 

v. 

GENERAL MILLS, INC., 

GENERAL MILLS SALES, INC., 

Defendants. 

Case No. 6:16-cv-382-MC 

PLAINTIFF’S NOTICE OF APPEAL 

 Notice is hereby given that Christopher Hamilton, plaintiff in the above named case, 

appeals to the United States Court of Appeals for the Ninth Circuit the order granting the 

Defendant’s Motion to Dismiss (ECF No. 47) and denying the Plaintiff’s Motion for Leave to 

File Second Amended Complaint (ECF No. 50), filed on November 2, 2016. 

 A copy of the Opinion a Judgment from which this appeal is taken is attached. 

Case 6:16-cv-00382-MC Document 54 Filed 12/01/16 Page 1 of 3
Page 2 – NOTICE OF APPEAL 

Dated: December 1, 2016 By: /s/ Bonner C. Walsh 

Bonner C. Walsh, Oregon Bar No. 131716

WALSH LLC 

PO Box 7 

Bly, Oregon 97622 

Telephone: (541) 359-2827 

Facsimile: (866) 503-8206 

Email: bonner@walshpllc.com 

Adam R. Gonnelli 

 THE SULTZER LAW GROUP 

85 Civic Center Plaza, Suite 104 

Poughkeepsie, New York 12601 

Telephone: (845) 483-7100 

 Facsimile: (888) 749-7747 

 Email: gonnellia@thesultzerlawgroup.com 

 Admitted pro hac vice 

Barbara A. Rohr 

FARUQI & FARUQI, LLP

10866 Wilshire Boulevard, Suite 1470 

Los Angeles, CA 90024 

Telephone: (424) 256-2884 

Facsimile: (424) 256-2885 

Email: brohr@faruqilaw.com 

Admitted pro hac vice

 Attorneys for Plaintiff 

CERTIFICATE OF SERVICE

I hereby certify that on December 1, 2016, a true and correct copy of the foregoing was 

electronically filed with the Clerk of the Court using CM/ECF system, which will send 

notifications of such filing to the CM/ECF participants registered to receive service in this 

matter. 

Dated: December 1, 2016 By: /s/ Bonner C. Walsh 

Bonner C. Walsh

WALSH LLC 

 PO Box 7 

 Bly, Oregon 97622 

 Telephone: (541) 359-2827 

 Facsimile: (866) 503-8206 

 Email: bonner@walshpllc.com 

Case 6:16-cv-00382-MC Document 54 Filed 12/01/16 Page 2 of 3
1 – JUDGMENT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CHRISTOPHER HAMILTON,

individually and on behalf of all others 

similarly situated,

Plaintiff, Civ. No. 6:16-cv-382-MC

v. JUDGMENT

GENERAL MILLS, INC.,

GENERAL MILLS SALES, INC. 

Defendants.

_____________________________

MCSHANE, Judge:

Based on the record, this action is hereby DISMISSED with prejudice.

IT IS SO ADJUDGED.

DATED this 2nd day of November, 2016.

______/s/ Michael J. McShane________

Michael J. McShane

United States District Judge

Case 6:16-cv-00382-MC Document 53 Filed 11/02/16 Page 1 of 1 Case 6:16-cv-00382-MC Document 54 Filed 12/01/16 Page 3 of 3
#### MOSEL, Respondent, v. WILLIAM H. FRANK BREWING CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

January 12, 1897.)

Action by Christian Mosel against the William H. Frank Brewing Company. M. Hallheimer, for appellant. Bernard J. Isecke, for respondent

GOODRICH, P. J.

Jacob Seibert, on July 5, 1894, executed to Mrs. Hammersen a chattel mortgage on certain fixtures in a saloon in New York. In September, Mrs. Hammersen claims to have sold this mortgage to the defendant for the sum of $500. The defendant admits the sale, but claims that the amount was $350. In December, an assignment of the mortgage was executed, but no part of the consideration was paid until January 31, 1895, when it was arranged that, instead of cash, Mrs. Hammersen should receive two notes of the Fred Hower Brewing Company, of $175 each, which she agreed to accept provided she could obtain a discount of the notes; the balance of $150 to be paid in three checks of $50 each, made by the Fred Hower Brewing Company, and dated so as to be payable in three successive weeks. One of these notes was, with Mrs. Hammersen’s consent, returned by her husband to the Frank Brewing Company to settle an indebtedness of Mr. Hammersen to that company? The other note was handed back to the defendant because Mrs. Hammersen could not procure the discount of it, and it was afterwards attached and paid to the sheriff under a warrant of attachment issued in an action brought by the defendant company against Mr. Hammer-sen. The defendant claims that the consideration to be paid for the mortgage was only $350, and that the two notes of the Fred Hower Brewing Company were given to Mrs. Hammer-*1129sen in full payment of the consideration. The only explanation attempted to be given as to the nonpayment of the note which was attached by the Frank Brewing Company as the property of Mr. Hammersen is that Mrs. Hammer-sen gave the two notes to her husband to do with them whatever he wished, and therefore they became his property, and subject to attachment However this may be, the result was that Mrs. Hammersen did not receive any part of the attached note. It is evident, therefore, that, if the consideration of the mortgage was actually $500, Mrs. Hammersen has received only $175, leaving $325 still due her. Mrs. Hammersen assigned her cause of action to the plaintiff in May, 1895. The issue involved was, therefore, simply as to the price which the defendant agreed to pay for the mortgage,—whether $500 or $350,—and as the court fairly submitted this question to the jury on conflicting testimony, and the jury has rendered its verdict in favor of the plaintiff’s contention, the verdict will not be disturbed. Judgment afflrmed, with costs.
<PAGE>


                                                                   EXHIBIT 99.3


                            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 CD&L, Inc. (the "Company")
on Form 10-Q for the quarter ended June 30, 2003 filed with the Securities and
Exchange Commission (the "Report"), I, Albert W. Van Ness, Jr., Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1)      The Report fully complies with the requirements of Section
                  13(a) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the consolidated financial condition of
                  the Company as of the dates presented and the consolidated
                  results of operations of the Company for the periods
                  presented.

Dated: August 13, 2003


                                        \s\ Albert W. Van Ness, Jr.
                                        ----------------------------------
                                        Albert W. Van Ness, Jr.
                                        Chief Executive Officer
Exhibit 6



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 40-F of Cumberland Resources Ltd. for the year ended December 31, 2005, as filed with the Securities and Exchange Commission, I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.  The annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and



2.  The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the registrant.





Date:  March 30, 2006





/s/ Kerry M. Curtis



President and Chief Executive Officer









A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
COLORADO RIVER BL SHADOW MOUNTAIN RESERVOIR, CO.Latitude: 40.205Longitude: -105.838Elevation: 8332

COLORADO RIVER BL SHADOW MOUNTAIN RESERVOIR, CO.

Courtesy NRCS - Go to Never Summer Site Page...



Never Summer

Courtesy NRCS - Go to High Lonesome Site Page...



High Lonesome

Courtesy NRCS - Go to Sawtooth Site Page...



Sawtooth

Courtesy NRCS - Go to Bear Lake Site Page...



Bear Lake

Courtesy NRCS - Go to Lake Irene Site Page...



Lake Irene

Courtesy NRCS - Go to Phantom Valley Site Page...



Phantom Valley

Courtesy NRCS - Go to Stillwater Creek Site Page...



Stillwater Creek
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2<S3
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JASON MICHAEL ELLIS, No. 2:16-cv-00449-TC

Petitioner, 

v. 

 

MARK NOOTH, JUDGMENT

 Respondent.

HERNANDEZ, District Judge:

Based on the record, 

IT IS ORDERED AND ADJUDGED that this action is dismissed, with prejudice. 

The Court declines to issue a Certificate of Appealability on the basis that petitioner has not

made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. §

2253(c)(2). 

IT IS SO ORDERED.

DATED this day of , 2016.

 

MARCO A. HERNANDEZ

United States District Judge

1 - JUDGMENT

17 December

Case 2:16-cv-00449-TC Document 15 Filed 01/04/17 Page 1 of 1
CONSENT OF INTERNATIONAL METALLURGICAL AND ENVIRONMENTAL INC.





Reference is made to the Annual Report on Form 40-F for the year ended December 31, 2006 (the Annual Report) of Cumberland Resources Ltd. (the Company), filed with the U.S. Securities and Exchange Commission.



We hereby consent to the references to our name under the heading Narrative Description of Business -- Meadowbank Gold Project, Nunavut Territory, Canada in the Companys Annual Information Form for the year ended December 31, 2006 which is included as part of the Annual Report, and to all other references to our name included or incorporated by reference in the Annual Report.







International Metallurgical and Environmental Inc.





By: /s/ Jeffrey Austin



Name:

Jeffrey B. Austin, P.Eng.

Title:

President





March 26, 2007
#### The People of the State of New York, Respondent, v Yul Brannum, Appellant.

Submitted March 12, 2007;

decided May 3, 2007

Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it *(see*CPLR 5602). Motion for poor person relief dismissed as academic.
FIL ED U.S. COURT OF APPEAL S EL EVENTHCI RCUI T J ANUARY 6, 2011 J OHN L EY CL ERK [DO NOT PUBLISH] IN THE U

NITED STATE S COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 0- 11 75 6 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNo. 8 :0 1- cr-0 01 80 -EAK-2 UNITED STAT ES OF AMERIC A, ll ll ll ll ll ll ll ll ll ll l Pl ai nt iff -Ap pe ll ee, ve rs us ALEC V. MATHEW S, a.k .a. Alex Mat th ews , ll ll ll ll ll ll ll ll ll ll l Defen da nt -Ap pe ll an t.

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co urt forth e Mi dd le Dis tri ctof F lo rid a

__ __ __ __ __ __ __ __ __ __ __ __ (J anua ry 6, 2 01 1) Befo re TJ OFLAT, BARKETT an d F AY, Circ ui t J ud ge s. PER CURI AM: Alec Mat he ws, a fe de ral pri so ne r act in g p ro se, app eal s fr om th e d en ia l o fhi s m ot io n t o fi le a se co nddi rectap pe al ou t o f ti m e. Altho ug h we p rev io us ly

affi rm edMat he ws’ dru g a ndfir earm co nv ic ti on s o n d ire ctap pe al in20 03 , he n ow arg ue s tha t h e sh ou ldbe pe rm it te d t o fi le a se co nddi rectap pe al ou t o f ti m e, be cau se th e d is tri ctco urt fa il edto no ti fy hi m th atitha d d en ie d h is m ot io n— fil ed aft er tria l b utbe fo re s en te nc in g—to ob ta in anex pe rt e va lu at io n o f a v id eo tape in tro du cedby the go ve rn m en t athi s tria l. Ho wev er, Ma th ews ’ arg um en t fa il s be cau se th e rec or d e st ab li sh es th athe di d i n fa ctrece iv e actua l n ot ic e o f th e di st ric t co urt’s d en ia l o f hi s m ot io n, as he ex pr es sl y ackno wled ge d t he de ni al at hi s s en te nc in g h eari ng . Accor di ng ly, we affi rm . AFFIRMED.

2
<PAGE>   1

                                                                   EXHIBIT 99.2

                         INDEPENDENT AUDITORS REPORT


Board of Directors
Nebraska Acquisition Corp.,
a wholly-owned subsidiary of Educational Medical, Inc.

        We have audited the accompanying balance sheet of Lincoln School of
Commerce (a division of Nebraska Acquisition Corp., a wholly-owned subsidiary
of Educational Medical, Inc.) as of March 31, 1997.  This financial statement
is the responsibility of the Division's management.  Our responsibility is to
express an opinion on this financial statement based on our audit.

        We conducted our audit in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the balance sheet is free of material
misstatement.  An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the balance sheet.  An audit also
includes assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall balance sheet
presentation.  We believe that our audit of the balance sheet provides a
reasonable basis for our opinion.

        In our opinion, the balance sheet referred to above presents fairly, in
all material respects, the financial position of Lincoln School of Commerce (a
division of Nebraska Acquisition Corp., a wholly-owned subsidiary of
Educational Medical, Inc.) as of March 31,1997 in conformity with generally
accepted accounting principles.


                                            /s/ Winther, Stave & Co., LLP


Spencer, Iowa
May 16, 1997
# L_2009091EN.01003101.xml

| 3.4.2009 | EN | Official Journal of the European Union | L 91/31 |
| --- | --- | --- | --- |

3.4.2009

EN

Official Journal of the European Union

L 91/31

---

Corrigendum to Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo

(
  Official Journal of the European Union L 46 of 17 February 2009
  )

On page 69:

| — | The title should read: |
| --- | --- |

—

The title should read:

‘
  Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo (1)’

| — | The corresponding footnote (1) reads as follows: |
| --- | --- |

—

The corresponding footnote (1

| ‘(1) | Under United Nations Security Council Resolution 1244 (1999).’ |
| --- | --- |

‘(1)

| — | The remaining footnotes in the left column are renumbered accordingly. |
| --- | --- |

—

The remaining footnotes in the left column are renumbered accordingly.

---