alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011103EN.01000402.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/4 |
| --- | --- | --- | --- |

2.4.2011

EN

Official Journal of the European Union

C 103/4

---

Judgment of the Court (First Chamber) of 10 February 2011 — Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) v European Commission

(Case C-260/09 P) (1)

1

(Appeal - Article 81 EC and Article 53 of the EEA Agreement - Market for Nintendo video games consoles and games cartridges - Limitation of parallel exports in that market - Agreement between a manufacturer and an exclusive distributor - Distribution agreement allowing passive sales - Proof of a concurrence of wills in the absence of direct documentary evidence that passive sales were to be restricted - Standard of proof necessary to establish the existence of a vertical agreement)

2011/C 103/05

Language of the case: English

Parties

Parties

Appellant: Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) (represented by: J.K. de Pree and E.N.M. Raedts, advocaten)

Appellant:

Other party to the proceedings: European Commission (represented by: S. Noë and F. Ronkes Agerbeek, acting as Agents)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009 in Case T-18/03 CD-Contact Data GmbH v Commission of the European Communities by which the Court reduced the fine imposed on the appellant and dismissed as to the remainder an action for annulment of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) concerning a complex of agreements and concerted practices in the markets for Nintendo consoles and video games cartridges compatible with Nintendo consoles designed to restrict parallel exports of those consoles and cartridges

CD-Contact Data GmbH

Commission of the European Communities

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Activision Blizzard Germany GmbH to pay the costs. |
| --- | --- |

2.

Orders Activision Blizzard Germany GmbH to pay the costs.

---

(1)  OJ C 220, 12.9.2009.

1

---
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 SiriCOMM, Inc. (the
"Company") on Form 10-QSB for the period ending December 31, 2004 as filed with
the Securities and Exchange Commission on February 14, 2005 (the "Report"), I,
J. Richard Iler, 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 presents, in
                  all material respects, the financial condition and result of
                  operations of the Company.



/s/ J. Richard Iler
-------------------------
J. Richard Iler
Chief Financial Officer
February 14, 2005


A signed original of this certification 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.
UNITED STATES OF AMERICA 

Before the 

COMMODITY FUTURES TRADING COMMISSION 

SYED NASIR S. SHAMIM 

. "T; 

.:o .. -";. 

-- ::--] 

v. CFTC Docket No. 11-~0i•4 ~ 

TRADEST ATION SECURITIES, INC. and 

ROGELIO MORAITIS 

ORDER OF SUMMARY 

AFFIRMANCE 

co 

Our review ofthe record and the complainant's appellate submission establishes that the 

presiding officer committed no error material to the outcome of the proceedings and that the 

findings of the presiding officer are supported by the weight of the evidence; we therefore adopt 

them. In addition, complainant has not raised important questions of law or policy that merit 

extended discussion. Accordingly, pursuant to Section 14 of the Commodity Exchange Act and 
Commission Regulation 12.406(b ), we summarily affirm the initial decision and order of the 

Judgment Officer without opinion. 1 

IT IS SO ORDERED.2 

By the Commission (Chairman GENSLER and Commissioners SOMMERS, CHILTON, 

O'MALIA and WETJEN). 

Melissa Jurgens 

Secretary of the Commission 

Commodity Futures Trading Commission 

Dated: February 15,2013 

1 Pursuant to Commission Regulation 12.406(b), 17 C.F.R. § 406(b), neither the initial decision nor the 

Commission's order of summary affirmance shall serve as a Commission precedent in other proceedings. 

2 Under Sections 6(c) and l4(e) ofthe Commodity Exchange Act, 7 U.S.C. §§ 9 and l8(e)(2000), a party may 

appeal a reparation order of the Commission to the United States Court of Appeals for only the circuit in which a 

hearing was held; if no hearing was held, the appeal may be filed in any circuit in which the appellee is located. The 

Commission has ruled that telephonic hearings are "held" in Washington, D.C., although parties may speak from 

several different locations. Dubois v. Alaron, [2000-2002 Transfer Binder] Comm. Fut. L. Rep. (CCH) ~ 28,406 at 

51,027 n.l7 (CFTC Oct. 26, 2000). The statute also states that such an appeal must be filed within 15 days after 

notice of the order and that any appeal is not effective unless, within 30 days ofthe date of the Commission order, 

the appealing party files with the court a bond equal to double the amount of any reparation award.
<PAGE>   1
                                                                      Exhibit 23
                                                                      ----------



                        CONSENT OF INDEPENDENT AUDITORS



Board of Directors
The Bank of Kentucky Financial Corporation
Florence, Kentucky



We consent to the incorporation by reference in the Registration Statement on
Form S-8 of The Bank of Kentucky Financial Corporation of our Report of
Independent Auditors, dated January 22, 1999, on the consolidated balance sheets
of The Bank of Kentucky Financial Corporation as of December 31, 1998 and 1997
and on the consolidated statements on income, changes in shareholders' equity
and cash flows for the years then ended, which report is included in Form 10-KSB
of The Bank of Kentucky Financial Corporation for the year ended December 31,
1998.


                                        By /s/ Crowe, Chizek and Company LLP
                                           ---------------------------------
                                           Crowe, Chizek and Company LLP


March 30, 1999
Indianapolis, Indiana
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
GZA GEOENVIRONMENTAL TECHNOLOGIES, INC. THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
INFORMATION EXTRACTED FROM THE CONSOLIDATED BALANCE SHEET OF THE REGISTRANT AT
AUGUST 31, 2000 AND FEBRUARY 29, 2000 AND THE CONSOLIDATED STATEMENTS OF
OPERATIONS AND COMPREHENSIVE INCOME OF THE REGISTRANT FOR THE SIX MONTH PERIOD
ENDED AUGUST 31, 2000 AND 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH STATEMENTS IN THE FORM 10-Q FOR THE QUARTERLY PERIOD ENDED AUGUST 31, 2000.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          FEB-28-2001
<PERIOD-START>                             MAR-01-2000
<PERIOD-END>                               AUG-31-2000
<CASH>                                       4,880,000
<SECURITIES>                                 3,112,000
<RECEIVABLES>                               16,405,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            33,267,000
<PP&E>                                       5,145,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              40,393,000
<CURRENT-LIABILITIES>                       13,097,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        42,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                40,393,000
<SALES>                                              0
<TOTAL-REVENUES>                            39,160,000
<CGS>                                                0
<TOTAL-COSTS>                               37,743,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,000
<INCOME-PRETAX>                              1,416,000
<INCOME-TAX>                                   576,000
<INCOME-CONTINUING>                            840,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   840,000
<EPS-BASIC>                                        .23
<EPS-DILUTED>                                      .22


</TABLE>
----

            COMMISSION DECISION         

of 9 November 2004         

declaring operational the Regional Advisory Council for the North Sea under the common fisheries policy

(2004/774/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the common fisheries policy (1), and in particular Article 3(3) thereof,

Having regard to the recommendation transmitted by the United Kingdom on 10 September 2004 on behalf of Belgium, Denmark, Germany, Spain, France, the Netherlands, Sweden and the United Kingdom,

Whereas:

HAS DECIDED AS FOLLOWS:

Sole Article

The North Sea Regional Advisory Council, established by Decision 2004/585/EC, shall be operational as from 1 November 2004.

Done at Brussels, 9 November 2004.

For the Commission

António VITORINO            

Member of the Commission

----

(1)OJ L 256, 3.8.2004, p. 17.

(2)OJ L 358, 31.12.2002, p. 59.

----
Esteban GERONIMO, petitioner, v. UNITED STATES.

No. 16-6604.

Supreme Court of the United States

Jan. 9, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Justice KAGAN took no part in the consideration or decision of this petition.
EXHIBIT 32.1

 

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

ADOPTED PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Fortune Industries, Inc., an Indiana corporation, (the “Company”) on Form 10-Q/A for the period ending February 29, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John F. Fisbeck, Chief Executive Officer of the Company, certify the following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:

 

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:  July 7, 2008 | By: /s/ John F. Fisbeck   |
|---------------------|--------------------------------|

|   | John F. Fisbeck, |
|--------|------------------|

Chief Executive Officer
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 19
- 00001
- CV

In re Max Grossman

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

O R D E R

PER CURIAM Relator Max Grossman has filed a petition for writ of injunction and an amended motion for eme rgency relief. See Tex. R. App. P. 52.1, 52.10(a). The Court orders the respondent, Mark Wolfe, Executive Director of the Tex as Historical Commission, to file a response to the petition for writ of injunction on or before January 14, 2019. See id

. R.
52 .8(b)(1). The intervenor, City of El Paso, may also file a response to the petition for writ of injunction on or before January 14, 2019. See id. To preserve the status quo while the Court considers whether the petition for writ of injunction is necess ary , pending further order of this Court, we temporarily order the following emergency relief :

• Mark Wolfe, Executive Director of the Texas Historical Commission, shall suspend Permit Number 8525, concerning the Proposed El Paso Multipurpose Performing Art s Center in El Paso County, Texas, issu ed on or about October 15, 2018 ; and• the City of El Paso shall not conduct or permit others to conduct demolition of a ny buildings within the footprint of the project (as defined by the Rule 11 agreeme nt entered on O ctober 25, 2018).

See id

. R. 52.10(b) ; see also In re Kelleher , 999 S.W.2d 51, 52 (Tex. App.

— Amarillo 1999, orig. proceeding) (explaining that Rule 52.10 allows appellate court to maintain status quo until it can address dispute raised by original procee ding)

. This order shall remain effective pending our resolution of the petition for writ of injunction. See Tex . R. App. P

. 52.10(b). It is ordered on January 3, 201 9

.

Before Chief Justice Rose, Justices Goodwin and Triana
No. 657, Misc.

#### Goodman *v.*Lainson, Warden.

District Court of Lee County, Iowa.

Certiorari denied.
Rosaire DUBRULE, petitioner, v. UNITED STATES.

No. 16-6859.

Supreme Court of the United States

Jan. 9, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
In re Justin Trayvon WELLS-ALI, petitioner.

No. 16-5581.

Supreme Court of the United States

Nov. 28, 2016.

Petition for rehearing denied.
**EXHIBIT 24.1****POWER OF ATTORNEY**     KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned directors (each, a “Signatory”) ofGenVec, Inc., a corporation organized under the laws of the state of Delaware (the “Company”),hereby constitutes and appoints Paul H. Fischer and Douglas J. Swirsky (each, an “Agent”, andcollectively, “Agents”) or any of them, his true and lawful attorney-in-fact and agent for and inhis name, place and stead, in any and all capacities, to sign the Company’s Annual Report on Form10-K for the year ended December 31, 2006 and to file the same, with all exhibits thereto, and allother documents in connection therewith, with the Securities and Exchange Commission. EachSignatory further grants to the Agents, and each of them, full power and authority to do andperform each and every act and thing requisite and necessary, in the judgment of such Agent, to bedone in connection with any such signing and filing, as full to all intents and purposes as hemight or could do in person, and hereby ratifies and confirms all that said Agents, or any of them,may lawfully do or cause to be done by virtue hereof.This Power of Attorney may be executed simultaneously in one or more counterparts, each of whichshall be deemed an original, but all of which constitute but one and the same instrument.     **Signature** **Title** **Date**     /s/ Paul H. Fischer, Ph.D.     Paul H. Fischer, Ph.D. President, Chief Executive Officerand Director (Principal Executive Officer) March 15, 2007/s/ Douglas J. Swirsky     Douglas J. Swirsky Chief Financial Officer, Treasurer and CorporateSecretary (Principal Financial and AccountingOfficer) March 15, 2007/s/ Barbara Hackman Franklin     Barbara Hackman Franklin Director March 15, 2007     /s/ Wayne T. Hockmeyer, Ph.D.     Wayne T. Hockmeyer, Ph.D. Director March 15, 2007     /s/ Zola Horovitz, Ph.D.    Zola Horovitz, Ph.D. Director March 15, 2007     /s/ William N. Kelley, M.D.     William N. Kelley, M.D. Director March 15, 2007     /s/ Joshua Ruch     Joshua Ruch Director March 15, 2007     /s/  Harold R. Werner     Harold R. Werner Director March 15, 2007
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM J. RAY
MCDERMOTT'S MARCH 31, 1998 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1997             MAR-31-1996
<PERIOD-END>                               MAR-31-1997             MAR-31-1996
<CASH>                                         136,795                 166,910
<SECURITIES>                                    75,516                       0
<RECEIVABLES>                                  305,648                 237,179
<ALLOWANCES>                                    38,943                  38,451
<INVENTORY>                                     87,629                 194,398
<CURRENT-ASSETS>                               691,810                 737,301
<PP&E>                                       1,200,218               1,212,392
<DEPRECIATION>                                 819,087                 799,533
<TOTAL-ASSETS>                               1,506,792               1,615,011
<CURRENT-LIABILITIES>                          572,372                 571,087
<BONDS>                                        275,487                 117,574
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                         32                      32
<COMMON>                                           406                     402
<OTHER-SE>                                     550,541                 570,136
<TOTAL-LIABILITY-AND-EQUITY>                 1,506,792               1,615,011
<SALES>                                      1,408,469               1,259,451
<TOTAL-REVENUES>                             1,408,469               1,259,451
<CGS>                                        1,414,260               1,234,551
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<INTEREST-EXPENSE>                              41,578                  43,307
<INCOME-PRETAX>                                (1,168)                   4,397
<INCOME-TAX>                                    11,732                   5,677
<INCOME-CONTINUING>                           (12,900)                 (1,280)
<DISCONTINUED>                                       0                       0
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<EPS-PRIMARY>                                   (0.50)                  (0.23)
<EPS-DILUTED>                                   (0.50)                  (0.23)
        


</TABLE>
John Walter LAWSON, et al., petitioners, v. Heidi Cavanagh LAWSON, et al.

No. 15-1378.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the Court of Appeals of North Carolina denied.
<TABLE> <S> <C>

<ARTICLE> 5

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<PERIOD-END>                               OCT-31-1999
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<OTHER-EXPENSES>                               181,236
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (172,785)
<INCOME-TAX>                                 (172,785)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (172,785)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                    (.01)


</TABLE>
Exhibit 32.1   Certification of CEO
      and CFOPursuant to 18 U.S.C.
      Section 1350,As Adopted Pursuant
      toSection 906 of the
      Sarbanes-Oxley Act of 2002
   In connection with the
Annual Report on Form 10-K ofGolden Spirit Enterprises, Ltd.for the
fiscal year ended December 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"),


Jaclyn Cruz

, as the
equivalent of the chief executive officer of the Company,  hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his
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 Partnership.  /s/Jaclyn CruzName: Jaclyn CruzDate: March 31,
2011  This
certification is furnished with this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.