alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011063EN.01000402.xml

| 26.2.2011 | EN | Official Journal of the European Union | C 63/4 |
| --- | --- | --- | --- |

26.2.2011

EN

Official Journal of the European Union

C 63/4

---

Judgment of the Court (Third Chamber) of 22 December 2010 (reference for a preliminary ruling from the Markkinaoikeus — Finland) — Mehiläinen Oy, Terveystalo Healthcare Oy, formerly Suomen Terveystalo Oyj v Oulun kaupunki

(Case C-215/09) (1)

1

(Public service contracts - Directive 2004/18/EC - Mixed contract - Contract concluded between a contracting authority and a private company independent of it - Establishment, on an equal basis, of a joint venture to provide health care services - Undertaking by the partners to purchase health care services for their staff from the joint venture for a transitional period of four years)

2011/C 63/07

Language of the case: Finnish

Referring court

Referring court

Markkinaoikeus

Parties to the main proceedings

Parties to the main proceedings

Applicants: Mehiläinen Oy, Terveystalo Healthcare Oy, formerly Suomen Terveystalo Oyj

Applicants:

Defendant: Oulun kaupunki

Defendant:

Re:

Re:

Reference for a preliminary ruling — Markkinaoikeus — Interpretation of Article 1(2)(a) and (d) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Agreement between a municipality and an independent private company for the establishment of a joint undertaking, belonging to them in equal shares, to which their respective occupational health and wellbeing activities are transferred — Agreement by which the municipality and the private company commit themselves to acquiring from the new joint undertaking, during a transitional period, occupational health and wellbeing services for their own employees

Operative part of the judgment

Operative part of the judgment

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that, where a contracting authority concludes with a private company independent of it a contract establishing a joint venture in the form of a share company, the purpose of which is to provide occupational health care and welfare services, the award by the contracting authority of the contract relating to the services for its own staff, the value of which exceeds the threshold laid down by that directive, and which is severable from the contract establishing that company, must be made in accordance with the provisions of that directive applicable to the services in Annex II B thereof.

---

(1)  OJ C 193, 15.08.2009.

1

---
CFTC Staff Roundtable 

Protection of Cleared Swaps Customer

Collateral

June 3, 2011, 9:30 a.m. 

List of Participants:

Dan Maguire of LCH 

Chris Edmonds of ICE 

Kim Taylor of CME 

Oliver Frankel of Goldman, Sachs & Co. 

Thanassis Diplas of Deutsche Bank 

Raymond Kahn of Barclays Capital 

Kevin Foley of Katten Muchin Rosenman LLP 

John Nicholas of Newedge USA, LLC 

Richard Prager of Blackrock 

Joanne Medero of Blackrock 

Supurna VedBrat of Blackrock 

John MacFarlane of Tudor 

Rupert Cox of Brevan Howard 

Christine Ayotte-Brennan of Fidelity 

Nevis Bregasi of MFS Investment Management 

William C. Thum of The Vanguard Group, Inc. 

Mark Szycher of the GM Pension Plan 

James Harshaw of the GM Pension Plan 

Steven Winter of State Street 

Alessandro Cocco of J.P. Morgan Futures Inc. 

Edith O’Brien of MF Global Inc.
#### UNITED STATES of America, Plaintiff-Appellee, v. Calvin BRUCE, Defendant-Appellant.

No. 09-1491.

United States Court of Appeals, Seventh Circuit.

Submitted May 26, 2010.

Decided May 26, 2010.

Rita M. Rumbelow, Attorney, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Michael W. Lieberman, Assistant Federal Public Defender, Federal Defender Services, Madison, WI, for Defendani>-Appel-lant.

Before FRANK H. EASTERBROOK, Chief Judge, RICHARD A. POSNER, Circuit Judge and DIANE P. WOOD, Circuit Judge.

ORDER

A jury found Calvin Bruce guilty of possessing with intent to distribute fifty grams or more of crack, 21 U.S.C. § 841(a)(1), and he was sentenced to 360 months’ imprisonment. We upheld his conviction on appeal but remanded for re-sentencing in light of *Kimbrough v. United States,*552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). *United States v. Bruce,*550 F.3d 668 (7th Cir.2008). On remand the district court imposed a lower imprisonment term of 324 months (27 years), which was below the applicable guidelines range. Bruce again appealed, but this time appointed counsel believes it *552would be frivolous to appeal the new sentence and seeks permission to withdraw under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bruce objects to counsel’s motion and in turn raises several challenges to the underlying conviction. *See*Cm. R. 51(b).

Counsel considers whether Bruce could argue that his below-guidelines sentence was unreasonable but concludes that any such challenge would be frivolous. On remand the district court properly assessed Bruce’s guidelines range as 30 years to life (based on an offense level of 37 and a criminal history category of VI). We agree that it would be frivolous to challenge the reasonableness of the 27-year sentence. Within-guideline sentences are presumptively reasonable on appeal, *Rita v. United States,*551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); *United States v. Liddell,*543 F.3d 877, 885 (7th Cir.2008), and we have never held a below-range sentence to be unreasonably high, *see United States v. Jackson,*598 F.3d 340, 345 (7th Cir.2010). The court here properly justified the sentence, citing Bruce’s extensive criminal history. *See*18 U.S.C. § 3553(a).

In his Rule 51(b) submission, Bruce focuses on perceived errors in his conviction. He argues that the district court should have suppressed the crack cocaine and his confession, both of which he says were illegally obtained. These issues, however, should have been raised in his initial direct appeal, in which we affirmed Bruce’s conviction. This appeal is limited to issues arising out of the resentencing. *United States v. Jackson,*186 F.3d 836, 838 (7th Cir.1999); *United States v. Parker,*101 F.3d 527, 528 (7th Cir.1996). By omitting from his original appeal any challenges to the admission of the crack or his confession, Bruce has waived them.

Accordingly, we GRANT counsel’s motion to withdraw and DISMISS the appeal.
mbcc-ex1012_35.htm



Exhibit 10.12

 

AMENDMENT TO SHARED SERVICES AGREEMENT

 

This Amendment dated as of January 1, 2016 (“Amendment Effective Date”) by and between Nexstar Broadcasting, Inc. (“Nexstar”) and Mission Broadcasting, Inc. (“Mission”) is made to that certain Shared Services Agreement dated as of January 16, 2008 by and between Mission Broadcasting, Inc. and Nexstar Broadcasting, Inc. (“Agreement”).

 

WHEREAS, Mission is the licensee of television broadcast station KTVE, El Dorado, Arkansas;

 

WHEREAS, Nexstar is the licensee of television broadcasting station KARD, West Monroe, Louisiana; 

 

WHEREAS, Mission and Nexstar have entered into the Agreement for their mutual benefit;

 

NOW THEREFORE, for and in consideration of the foregoing, Nexstar and Mission hereby amend the Agreement as follows:

 

1. Paragraph 4(g) of the Agreement is deleted in its entirety and the following is substituted in its place: “4(g) Services Fee. In consideration for the services to be provided to the Stations by Nexstar personnel as described in Sections 4(a) through 4(f), Mission will pay Nexstar the fee (“Services Fee”) described in Section 4(g).

 

(i)Base Amount. Subject to the remaining provisions of this Section 4(g), the base amount of the Services Fee will be $41,666.67 per month.

 

(ii) Payment Terms. The Services Fee will be payable monthly, in arrears, from and after the month during which this Agreement is executed, and will be prorated on a daily basis for the first and last months during which the sharing arrangements described in Sections 4(a) through 4(f) are in effect.” 

 

2.These revised payment terms are effective as of the Amendment Effective Date.

 

3. As so amended, all sections and provisions of the Agreement are hereby ratified in full. 

 

IN WITNESS WHEREOF, the parties have executed this amendment as of the Amendment Effective Date above.

 


			
	
NEXSTAR BROADCASTING, INC.

 
	
 
	
MISSION BROADCASTING, INC.

	
By: /s/ Thomas E. Carter
	
 
	
By: /s/ Dennis Thatcher

	
 

Name: Thomas E. Carter
	
 
	
 

Name: Dennis Thatcher

	
 

Title: EVP & Chief Financial Officer
	
 
	
 

Title: President
William L. DEUERLEIN, petitioner, v. NEBRASKA, et al.

No. 15-8775.

Supreme Court of the United States

Dec. 5, 2016.

Petition for rehearing denied.
Exhibit 24.1



POWER OF ATTORNEY



WHEREAS, BURLINGTON NORTHERN SANTA FE CORPORATION, a Delaware corporation (the Company), will file with the Securities and Exchange
Commission, under the provisions of the Securities Exchange Act of 1934, as amended, its Annual Report on Form 10-K for the fiscal year ended December 31, 2004; and



WHEREAS, the undersigned serve the Company in the capacity indicated;



NOW, THEREFORE, the undersigned hereby constitutes and appoints THOMAS N.
HUND or JEFFREY R. MORELAND, his or her attorney with full power to act for him or her in his or her name, place and stead, to sign his or her name in the capacity set forth below, to the Annual Report on Form 10-K of the Company for the fiscal year
ended December 31, 2004, and to any and all amendments to such Annual Report on Form 10-K, and hereby ratifies and confirms all that said attorney may or shall lawfully do or cause to be done by virtue hereof.



IN WITNESS WHEREOF, this Power of Attorney has been executed by the
undersigned this 15thday of February, 2005.



|                                                                                                 |  |                                                 
|------------------------------------------------------------------------------------------------ |  | ------------------------------------------------
|/s/Alan L. BoeckmannAlan L. Boeckmann, Director                                                  |  | /s/ Vilma S. MartinezVilma S. Martinez, Director
|                                                                                                 | 
|/s/ Marc F. RacicotMarc F. Racicot, Director                                                     |  | /s/ Roy S. RobertsRoy S. Roberts, Director      
|                                                                                                 | 
|/s/ Matthew K. RoseMatthew K. Rose, Director and Chairman, President and Chief Executive Officer |  | /s/ Marc J. ShapiroMarc J. Shapiro, Director    
|                                                                                                 | 
|/s/ J.C. Watts, Jr.J.C. Watts, Jr., Director                                                     |  | /s/ Robert H. WestRobert H. West, Director      
|                                                                                                 | 
|/s/ Edward E. WhitacreEdward E. Whitacre, Jr., Director                                          |  | /s/ J. Steven WhislerJ. Steven Whisler, Director
|                                                                                                 | 
|/s/ Michael B. YanneyMichael B. Yanney, Director                                                 |  |
<PAGE>

                                                                   EXHIBIT 99.14

[NASDAQ(R) LOGO]

By Facsimile and First Class Mail

March 11, 2003

Mr. Bradley E. Larson
President and Chief Executive Officer
Meadow Valley Corporation
4411 South 40th Street, Suite D11
Phoenix, AZ 85040

Re: Meadow Valley Corporation (the "Company")

Dear Mr. Larson:

On November 8, 2002, Staff notified the Company that its common stock failed to
maintain a minimum bid price of $1.00 over the previous 30 consecutive trading
days as required by. The Nasdaq Small Cap Market set forth in Marketplace Rule
4310(C)(4) (the "Rule"). In accordance with Marketplace Rule 4310(C)(8)(D), the
Company was provided 180 calendar days, or until May 7, 2003, to regain
compliance with the Rule, Since then, the closing bid price of the Company's
common stock has been at $1.00 per share or greater for at least 10 consecutive
trading days. Accordingly, the Company has regained compliance with the Rule and
this matter is now closed.

If you have any questions, please contact Karl Heermann, Listing Analyst, at
(301) 978-8040.

Sincerely,

/s/ Cynthia T. Melo
-----------------------------
Cynthia T. Melo
Associate Director
Nasdaq Listing Qualifications
**EXHIBIT 32.1**

 

**CERTIFICATION**

**PURSUANTTO 18 U.S.C. SECTION 1350,**

**AS ADOPTEDBY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Paul D. Melnuk, as Chairman of the Boardand Chief Executive Officer of Thermadyne Holdings Corporation (the “Company”)certify, pursuant to 18 U.S.C. § 1350, as adopted by Section 906 ofthe Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1) the accompanying Form 10-Qreport for the period ending June 30, 2005 as filed with the U.S.Securities and Exchange Commission (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

(2) theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Dated: August 9, 2005 |                           |
|----------------------------|--------------------------------|
|                       |                           |
|                       | By:                            |   | /s/ Paul D. Melnuk |   |
|                       |                           | Paul D. Melnuk |
|                       | Chief Executive Officer        |
|                       | (Principal  Executive Officer) |
|                            |                                |  |  |  |  |

 

----
Scott D. O’Malia (202) 418-5870

Commissioner (202) 418-5550 Facsimile

somalia@cftc.gov

U.S. Commodity Futures Trading Commission

Three Lafayette Centre,1155 21st Street, NW, Washington, DC 20581

www.cftc.gov

Agenda for September 30, 2011

Technology Advisory Subcommittee on Data Standardization Meeting

12:45 p.m.-1:00 p.m. Registration

1:00 p.m.-1:15 p.m. Opening Statements by Commissioner O’Malia, the chairman of 

the Technology Advisory Committee (TAC), and Andrei 

Kirilenko, the chairman of the Subcommittee on Data 

Standardization of the TAC 

1:15 p.m.-1:45 p.m. Status Update/Presentation: Working Group I (UPI/LEI)

1:45 p.m.-2:15 p.m. Status Update/Presentation: Working Group II (Machine 

Readable)

2:15 p.m.-2:30 p.m. Break

2:30 p.m.-3:00 p.m. Status Update/Presentation: Working Group III (Semantics)

3:00 p.m.-3:30 p.m. Status Update/Presentation: Working Group IV (Data Storage 

and Retrieval)

3:30 p.m.-3:45 p.m. Break

3:45 p.m.-4:45 p.m. Individual Working Groups Meeting

4:00 p.m.-5:00 p.m. Closing Remarks by Commissioner O’Malia and Andrei 

Kirilenko
WATER SPLASH, INC., petitioner, v. Tara MENON.

No. 16-254.

Supreme Court of the United States

Dec. 2, 2016.

Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District granted.
EXHIBIT 32.1

                 INTERNATIONAL BUILDING TECHNOLOGIES GROUP, INC.
                              A Nevada Corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Annual Report of International Building Technologies
Group, Inc. (the "Company") on Form 10-KSB for the year ended December 31, 2007,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  I, Kenneth Yeung, Chief Executive Officer,  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) 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.

Dated: March 31, 2008               /s/  Kenneth Yeung
                                    --------------------------------------------
                                    By:  Kenneth Yeung
                                    Its: Chief Executive Officer
H. Res. 1724 

In the House of Representatives, U. S., 

December 1, 2010. 

Whereas, for more than 50 years, the community of Jacksonville, Arkansas, has supported and served the members of 

the Armed Forces and their families at Little Rock Air 

Force Base; 

Whereas, after September 11, 2001, Little Rock Air Force 

Base restricted access to much of the community for security reasons, and in response to the tragedy and the restrictions caused by the terrorist attacks of September 

11, 2001, the community and air base came together to 

address a need for a new education facility for both military members and civilians; 

Whereas, recognizing the need to raise funds for a new educational facility, the City Council of Jacksonville, Arkansas, held a special election in which the citizens of Jacksonville overwhelmingly voted to adopt a temporary onecent sales tax, which raised $5,000,000; 

Whereas these funds were donated to the Air Force to help 

build a new Joint Education Center on Federal property 

outside the base perimeter, so that the facility could be 

accessible to community people, students, and faculty, as 

well as air base personnel; 
2 

•HRES 1724 EH 

Whereas, in 2009, local individuals and businesses raised over 

$50,000 for the base’s 2010 Air show and more than 

$22,000 was donated in support of Little Rock Air Force 

Base rodeo teams that compete at McChord Air Force 

Base; 

Whereas community leaders sponsor numerous events, including dances and community sporting and musical events, 

for members of the Armed Forces and their families at 

Little Rock Air Force Base and provide discounted or 

free tickets; 

Whereas the community sponsors a quarterly dinner for families of deployed members and over 15,000 volunteer 

hours are provided by retirees at the Airman’s Attic, the 

Base Clinic, the Retirees Activities Office, and other base 

activities; and 

Whereas, on March 3, 2009, the City of Jacksonville, Arkansas, was awarded the Abilene Trophy, which honors a civilian community for exceptional support of Air Mobility 

Command base at Little Rock Air Force Base: Now, 

therefore, be it 

Resolved, That the House of Representatives commends 

the City of Jacksonville, Arkansas, for its outstanding support in creating a unique and lasting partnership with Little 

Rock Air Force Base, members of the Armed Forces stationed there, and their families. 

Attest: 

Clerk.
II-01195

From:

Sent:

To:

Subject:

Doug Wodke <locoman56@gmail.com>

Wednesday, December 1, 2010 5:11 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Doug Wodke

1400 NW 5th

Abilene, KS 6741-
Exhibit 32.2





CERTIFICATION





In connection with the periodic report of China Jo-Jo Drugstores, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission (the "Report"), I, Ming Zhao, Chief Financial Officer (Principal Financial and Accounting Officer) of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:





(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.








Date: August 15, 2011
/s/ Ming ZhaoMing ZhaoChief Financial Officer(Principal Financial and Accounting Officer)
Anthony SALAZAR, petitioner v. Jeff PREMO, Superintendent, Oregon State Penitentiary.

No. 16-5943.

Supreme Court of the United States

Nov. 14, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Emmanuel Antione HEMPHILL, petitioner, v. UNITED STATES.

No. 16-6614.

Supreme Court of the United States

Nov. 28, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
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 March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Tena Mayberry, 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:  August 11, 2011
By: /s/ Tena MayberryTena MayberryChief Executive Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Nikki BURKS, Defendant-Appellant.

No. 06-12810

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Dec. 15, 2006.

Michelle Hendrix, Pensacola, FL, for Defendant-Appellant.

Before BLACK, MARCUS and COX, Circuit Judges.

PER CURIAM:

Michelle L. Hendrix, appointed counsel for Nikki Burks, has filed a motion to withdraw on appeal supported by a brief prepared pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals counsel’s assessment of the relative merit of the appeal is correct. Independent examination of the entire record reveals no arguable issues of merit; therefore, counsel’s motion to withdraw is GRANTED, and Burks’s conviction and sentence are AFFIRMED.