alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023075EN.01019801.xml

| 28.2.2023 | EN | Official Journal of the European Union | C 75/198 |
| --- | --- | --- | --- |

28.2.2023

EN

Official Journal of the European Union

C 75/198

---

Opinion of the European Economic and Social Committee on Proposal for a Decision of the European Parliament and of the Council repealing Council Directive 89/629/EEC

(COM(2022)465 final – 2022/0282(COD))

(2023/C 75/30)

| Referral | European Parliament, 3.10.2022
  Council of the European Union, 26.9.2022
  European Commission, 16.9.2022 |
| --- | --- |
| Legal basis | Article 100.2 and 304 of the Treaty on the Functioning of the European Union |
| Plenary Assembly decision | 26.10.2022 |
| Section responsible | Transport, Energy, Infrastructure and the Information Society |
| Adopted at plenary | 26.10.2022 |
| Plenary session No | 573 |
| Outcome of vote
  (for/against/abstentions) | 169/0/03 |

Referral

European Parliament, 3.10.2022

Council of the European Union, 26.9.2022

European Commission, 16.9.2022

Legal basis

Article 100.2 and 304 of the Treaty on the Functioning of the European Union

Plenary Assembly decision

26.10.2022

Section responsible

Transport, Energy, Infrastructure and the Information Society

Adopted at plenary

26.10.2022

Plenary session No

573

Outcome of vote

(for/against/abstentions)

169/0/03

Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided to issue an opinion endorsing the proposed text.

Brussels, 26 October 2022.

The President of the European Economic and Social Committee

Christa SCHWENG

---
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-15-00400-CR

Rene GUERRERO,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2015CR3173

Honorable Lorina I. Rummel, Judge Presiding

BEFORE JUSTICE ALVAREZ, JUSTICE CHAPA, AND JUSTICE PULLIAM

In accordance with this court’s opinion of this date, this appeal is DISMISSED.

SIGNED August 5, 2015.

_________________________________

Patricia O. Alvarez, Justice
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 Annual Report of Millennium Quest, Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
we, Dimitri Cocorinis and Terry Cononelos, Chief Executive Officer and Chief
Financial Officer of the Company, respectively, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant of Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge and belief:

     (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.



Date: April 14, 2005           /s/ Dimitri Cocorinis
                               ---------------------------------------------
                               Dimitri Cocorinis, Chief Executive Officer


Date: April 14, 2005           /s/ Terry Cononelos
                               ---------------------------------------------
                               Terry Cononelos, Chief Financial Officer
#### In Re: SIINVESTMENTS, A Florida General Partnership, Debtor, Lori D. Ritenour, Steven G. Ritenour, Plaintiffs-Appellants, v. Les S. Osborne, Defendant-Appellee.

No. 10-12627.

United States Court of Appeals, Eleventh Circuit.

April 21, 2011.

Kevin C. Gleason, Kevin C. Gleason, P.A., Hollywood, FL, for Plaintiffs-Appellants.

James Harris Fierberg, Akerman Senterfitt, Miami, FL, Eyal Berger, Akerman Senterfitt, Chad P. Pugatch, Rice, Pugatch, Robinson & Schiller, P.A., Ft. Lauderdale, FL, for Defendant-Appellee.

*852Before TJOFLAT and BARKETT, Circuit Judges, and STEELE,* District Judge.

*

 Honorable John E. Steele, United States District Judge for the Middle District of Florida, sitting by designation.

PER CURIAM:

This is an appeal from the district court’s order of June 3, 2010, confirming two orders of the bankruptcy court in this Chapter 11 case. In the district court, appellants claimed that the bankruptcy court erred in (1) declining to invalidate a 99-year lease that was assigned to the debtor, and (2) concluding that certain escalator provisions of the lease were waived for purposes of determining the cure amount owed to appellants. *See*11 U.S.C. § 365(b)(1)(A). The district court found no such error and affirmed the challenged bankruptcy court rulings.

Having heard argument of counsel, we are convinced, for the reasons the district court stated in its June 3 order, that the bankruptcy court did not err as appellants claim. The district court’s judgment therefore is

AFFIRMED.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 61243 Summary Calendar

**Sindia Jhojana Ocampo Villalobos; Wendy Tatiana Ocampo Villalobos,** 

Petitioners **,**

versus
**Merrick Garland,** U.S. Attorney General **,** Respondent

**.**

Petition for Review of an Order of
t he Board of Immigration Appeals BIA No. A 206 414 791 BIA No. A 206 414 792

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam :**  *

Sindia and Wendy Ocampo Villalobos petition for review of the deci

sion of the Board of Immigration Appeals ( “ BIA ” ) dismissing their appeal of the denial of their application for asylum and withholding of removal. The

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum

stances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 11, 2022 Lyle W. Cayce Clerk Case: 20-61243 Document: 00516315500 Page: 1 Date Filed: 05/11/2022No. 20

- 61243

2 immigration judge ( “I.J.”) determined that they were not eligible for that relief because, in part , their articulated particular social group ( “ PSG ” ) , “Honduran family targeted by the gangs,” was not cognizable. See Jaco v. Garland , 24 F.4th 395, 403 (5th Cir. 2021). The I

. J

. reasoned that the PSG was too vague, given that “Honduran family” was not limited in any way and could include almost any family in Honduras and that “targeted by the gang[s]” could refer to many things, including extortion, physical abuse, or recruitment. In addition, the I

. J

. found that there was insufficient evidence that the PSG was viewed by society as a socially d istinct group. The BIA agreed and adopted those reasons. We may review the I

. J

. ’s decision to the extent it had “some impact on the BIA’s decision

. ” Wang v. Holder , 569 F.3d 531, 53 6 (5th Cir. 2009)

. Th e petitioners do not assert any error by the BIA o r the I

. J

. in con

cluding that the articulated PSG was not cognizable. They do brief whether there was a nexus between the alleged persecution and their mem ber ship in the PSG, but the BIA has “carefully distinguished” the PSG and nexus requirements. Ja co , 24 F.4th at 403.

The failure to brief the adverse PSG determination abandons any chal

lenge to it. See Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003); Brink

mann v. Dallas Cnty. Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Because the determination precludes relief on asylum and withhold ing of removal, see Orellana

- Monson v. Holder , 685 F.3d 511, 5 18 (5th Cir. 2012) , we do not reach the contentions concerning credibility, past persecu t ion, future persecution, and nexus. See INS v. Bagamasbad , 429 U.S. 24, 25 (1976); see also Cantu

- Delgadillo v. Holder , 584 F.3d 682, 690 (5th Cir. 2009).

T he petition for review is **DENIED**

. Case: 20-61243 Document: 00516315500 Page: 2 Date Filed: 05/11/2022
Exhibit
32.3



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 Annual Report of The PBSJ Corporation (the Company) on Form 10-K for the period ending September 30, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Robert J. Paulsen, Chief Operating 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |     |  |                       |  |                                                                                  
|----------------- |  |  |  | --- |  | --------------------- |  | ---------------------------------------------------------------------------------
|                  |  |  | 
|December 23, 2004 |  |  |  | By: |  | /s/ Robert J. Paulsen
|                  |  |  |  |     |  |                       |  | Robert J. Paulsen Chief Operating Officer, Executive Vice President and Secretary
<PAGE>


                                                                    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 Quarterly Report of Chinawe.com Inc. (the "Company")
on Form 10-QSB for the period ended September 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Vivian
Chu, Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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 represents, in all
material respects, the financial condition and result of operations of the
Company.


/s/ Vivian Chu
Chief Financial Officer

November 12, 2003





















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 Chinawe.com Inc. and will be
retained by Chinawe.com Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.


                                       32
#### Marion P. Neiman, Respondent, v City of New York, Appellant.

— In an action to recover damages for the alleged wrongful foreclosure of a tax lien on real property, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Duberstein, J.), dated April 14,1986, as denied its motion for summary judgment.

Ordered that the order is reversed, insofar as appealed from, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.

On the motion, the defendant made out a prima facie showing that it was vested with title pursuant to an in rem judgment of foreclosure taken on the plaintiff’s default which extinguished the plaintiff’s rights *(see, Matter of Lewis v Schwartz,*119 AD2d 116, 123; *see also,*Administrative Code of City of New York former § D17-12.0). It was error to have denied the defendant’s motion where the plaintiff failed to submit written opposition to the motion, the court relying solely on oral argument *(see, Shepard Oil Co. v Ryan,*62 AD2d 1074). The burden of proof had shifted to plaintiff *(Gonzalez v Lebron,*126 AD2d 700), and it was incumbent upon her to demonstrate by proper proof that the defendant owed her some duty *(see, GTF Mktg. v Colonial Aluminum Sales,*66 NY2d 965, 968).

A review of the record does not establish any duty owed to the plaintiff by the defendant *(see, Merritt Hill Vineyards v Windy Hgts. Vineyard,*61 NY2d 106, 110). Even had there been some appropriate proof to make out a question of fact that some duty was owed, the plaintiff’s demand for punitive *744damages should have been stricken *(see, Sharapata v Town of Islip,*56 NY2d 332, 338).

The plaintiffs other claims, raised for the first time on appeal, have not been considered *(see, Martin Mechanical Corp. v Corbin Constr. Co.,*132 AD2d 688). Kunzeman, J. P., Kooper, Spatt and Sullivan, JJ., concur.
<TABLE> <S> <C>



<ARTICLE>                     5
       
<S>                                            <C>
<PERIOD-TYPE>                                            6-mos
<FISCAL-YEAR-END>                                  dec-30-1997
<PERIOD-END>                                       jun-30-1997
<CASH>                                                 795,169   
<SECURITIES>                                                 0  
<RECEIVABLES>                                       53,858,463  
<ALLOWANCES>                                         2,390,070  
<INVENTORY>                                                  0  
<CURRENT-ASSETS>                                    52,263,562  
<PP&E>                                               3,955,259  
<DEPRECIATION>                                       1,993,560  
<TOTAL-ASSETS>                                      62,708,137  
<CURRENT-LIABILITIES>                                2,261,040  
<BONDS>                                                      0  
<PREFERRED-MANDATORY>                                        0  
<PREFERRED>                                                  0  
<COMMON>                                                39,244  
<OTHER-SE>                                           6,780,196  
<TOTAL-LIABILITY-AND-EQUITY>                        62,708,137  
<SALES>                                                      0  
<TOTAL-REVENUES>                                    10,947,551  
<CGS>                                                        0  
<TOTAL-COSTS>                                        6,098,467  
<OTHER-EXPENSES>                                             0  
<LOSS-PROVISION>                                     1,538,832  
<INTEREST-EXPENSE>                                   2,394,340  
<INCOME-PRETAX>                                        915,912  
<INCOME-TAX>                                           329,173  
<INCOME-CONTINUING>                                    586,739  
<DISCONTINUED>                                               0  
<EXTRAORDINARY>                                              0  
<CHANGES>                                                    0  
<NET-INCOME>                                           586,739  
<EPS-PRIMARY>                                              .15  
<EPS-DILUTED>                                              .15  
                                                                
                                                                


</TABLE>
EXHIBIT 32.2

                CHIEF FINANCIAL OFFICER CERTIFICATION PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This certification set forth below is hereby made solely for the purpose of
satisfying the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 and
may not be relied upon or used for any other purposes.

In connection with the Quarterly Report of Investors Capital Holdings, Ltd. (the
"Company") on Form 10-Q for the period ended December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Timothy B. Murphy, Chief Financial 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 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.

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 Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.


Date: February 11, 2005                                By: /s/ Timothy B. Murphy
                                                       -------------------------
                                                       Timothy B. Murphy
                                                       Chief Financial Officer

                                       26
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          17,612
<SECURITIES>                                    26,857
<RECEIVABLES>                                   22,652
<ALLOWANCES>                                     1,828
<INVENTORY>                                          0
<CURRENT-ASSETS>                                74,878
<PP&E>                                          23,516
<DEPRECIATION>                                  13,753
<TOTAL-ASSETS>                                 101,104
<CURRENT-LIABILITIES>                           54,656
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           126
<OTHER-SE>                                      44,085
<TOTAL-LIABILITY-AND-EQUITY>                   101,104
<SALES>                                         24,811
<TOTAL-REVENUES>                                90,689
<CGS>                                            6,104
<TOTAL-COSTS>                                   36,068
<OTHER-EXPENSES>                                53,791
<LOSS-PROVISION>                                   175
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,056
<INCOME-TAX>                                       978
<INCOME-CONTINUING>                              2,078
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,078
<EPS-BASIC>                                       0.17
<EPS-DILUTED>                                     0.16


</TABLE>
# L_2010126EN.01002401.xml

| 22.5.2010 | EN | Official Journal of the European Union | L 126/24 |
| --- | --- | --- | --- |

22.5.2010

EN

Official Journal of the European Union

L 126/24

---

COUNCIL DECISION

of 10 May 2010

on the European Capital of Culture event for the year 2014

(2010/294/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,

Having regard to the Selection Panel reports of September 2009 regarding the selection process of the European Capitals of Culture in Sweden and Latvia respectively and the positive opinion issued by the European Parliament,

Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,

Having regard to the recommendation from the Commission of the 23 April 2010,

HAS ADOPTED THIS DECISION:

Sole Article

Umeå (Sweden) and Riga (Latvia) are designated as ‘European Capital of Culture 2014’.

Done at Brussels, 10 May 2010.

For the Council

The President

Á. GONZÁLEZ-SINDE REIG

---

(1)  
  OJ L 304, 3.11.2006, p. 1.

1

---
ContiFinancial Corporation
Ratio of Earnings to Fixed Charges
Exhibit 12.1 of June 30, 1998 Form 10-K

<TABLE>
<CAPTION>
                                                            Three months ended
                                                               June 30,          Fiscal     Fiscal    Fiscal      Fiscal     Fiscal
                                                             1998       1997        98         97        96         95         94
                                                            ------     ------    -------    -------   -------     ------     ------
<S>                                                         <C>        <C>       <C>        <C>       <C>         <C>        <C>   
Summary:
     Earnings                                               63,663     81,377    385,425    297,677   197,996     77,895     42,334
     Fixed Charges                                          55,382     35,863    165,904    120,636    74,770     29,635     12,124
                                                            ------     ------    -------    -------    ------     ------     ------
     Ratio                                                    1.15       2.27       2.32       2.47      2.65       2.63       3.49
                                                            ======     ======    =======    =======    =======    ======     ======

Earnings:
     Income before income taxes and minority interest       10,177     45,545    224,965    177,041   126,536     56,988     35,286
     Plus:  Interest expense                                55,382     35,863    165,904    120,636    74,770     29,635     12,124
     Less:  Equity income in unconsolidated subsidiaries    (1,840)        --     (5,444)        --        --         --         --
     (Less)/Plus:  Minority interest                           (56)       (31)       n/a        n/a    (3,310)    (8,728)    (5,076)
                                                            ------     ------    -------    -------   -------     ------     ------
         Total "Earnings"                                   63,663     81,377    385,425    297,677   197,996     77,895     42,334
                                                            ======     ======    =======    =======   =======     ======     ======

Fixed Charges:
     Interest expense                                       55,382     35,863    165,904    120,636    74,770     29,635     12,124


</TABLE>