alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014045EN.01002902.xml

| 15.2.2014 | EN | Official Journal of the European Union | C 45/29 |
| --- | --- | --- | --- |

15.2.2014

EN

Official Journal of the European Union

C 45/29

---

Order of the General Court of 9 December 2013 — El Corte Inglés v Commission

(Case T-38/09) (1)

1

(Customs Union - Import of textiles declared to have originated in Jamaica - Recovery ‘a posteriori’ of import duties - Application for remission of duties - Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 - Commission decision rejecting that application - Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori - No need to adjudicate)

2014/C 45/47

Language of the case: Spanish

Parties

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. Baz and P. Muñiz, lawyers)

Applicant:

Defendant: European Commission (represented by: G. Valero Jordana and L. Keppenne, acting as Agents)

Defendant:

Intervener in support of the applicant: Axstores AB, formerly Åhléns AB (Stockholm, Sweden) (represented initially by P. Fohlin and U. Käll, subsequently by U. Käll and T. Wetterlundh, lawyers)

Intervener in support of the applicant:

Re:

Re:

Application for annulment of Commission Decision C(2008) 6317 final of 3 November 2008, finding, first, that it is justified to proceed to recovery a posteriori of those import duties not demanded from the applicant and, second, that the remission of those duties is not justified by the existence of a special situation, regarding the import of textiles declared to have originated in Jamaica (Case REM 03/07).

a posteriori

Operative part of the order

Operative part of the order

| 1. | There is no longer any need to adjudicate on the action. |
| --- | --- |

1.

There is no longer any need to adjudicate on the action.

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---

(1)  OJ C 69, 21.3.2009.

1

---
EXHIBIT 32.2











CERTIFICATION
OF CHIEF FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I,
William H. Mitchell, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the annual
report on Form 10-K of Audible Inc. for the year ended December 31, 2007 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such report fairly
presents, in all material respects, the financial condition and results of
operations of Audible, Inc.





A signed
original of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon
request.




March
      27, 2008
            
            By:
            
            /s/
      William H. MitchellWilliam
      H. MitchellChief
      Financial Officer
#### Shipley-Young Company, a corporation, E. R. Shipley, J. E. Geagley, M. V. Shipley, *Appellants,*v. D. D. Young, *Appellee.*

Division B.

Opinion filed January 26, 1929.

*Carraballo, Moran á Graham,*for Appellants;

No appearance for Appellee.

Per Curiam.

In this case a bill was filed by Young who alleged that he was a stockholder in a corporation, the Shipley-Young Company, and that he was an officer and director of said corporation. That the other directors of the corporation pretended to cancel his stock in that corporation and elected another to act in his place as an officer and director in such corporation and had, without authority of law, deprived him of his rights as a stockholder, director and officer of such corporation.

A demurrer was filed to the bill of complaint. The demurrer was over-ruled and this order of Court over-ruling the demurrer is assigned as error. After considering the allegations of the bill of complaint, we are of the opinion that the demurrer was properly over-ruled and so hold.

An answer was filed alleging in effect that the stock issued to the complainant had been procured through covin and *47fraud and affirmative relief was prayed against the complainant on counter claim set up in the answer. Replication was filed. A master was appointed and testimony taken and report of the master made to the Court.

On consideration of the master’s report, final decree was entered in favor of the complainant. From this decree appeal is taken.

The record is voluminous and although its consideration has required many hours of tedious reading to familiarize ourselves with the contents thereof, we have done so and find that in reaching his conclusion the chancellor was compelled to consider a large volume of testimony, a great deal of which is conflicting and in which much animosity is shown, and a very large part of which has no relation to the issues involved.

To reverse the decree of the chancellor, we would be required to find from the record that the evidence clearly shows that the decree was. erroneous.

This Court has repeatedly held, “A decree solely on questions of fact will not be disturbed unless the evidence clearly shows that it was erroneous”. And, again, in many cases this Court has held that, “Where there is irreconcilable conflict in the testimony in which a decree is based, but there is evidence to support the decree it will not be reversed”.

The decree should, therefore, be affirmed and it is so ordered.

Affirmed.

Whitfield, P. J., and Strum and Buford, J. J., concur.

Terrell, C. J. and Brown, J., concur in the opinion and judgment.

Ellis, J., concurs in the conclusion reached.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-6213

UMADEAN HATCH,

Plaintiff - Appellant,

v.

NCCIW,

Defendant - Appellee.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. Catherine C. Eagles, 

District Judge. (1:14-cv-00791-CCE-JEP)

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

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Umadean Hatch, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Umadean Hatch seeks to appeal the district court’s order 

adopting the magistrate judge’s recommendation to dismiss 

without prejudice her 42 U.S.C. § 1983 (2012) complaint against 

the North Carolina Correctional Institution for Women. This 

court may exercise jurisdiction only over final orders, 28 

U.S.C. § 1291 (2012), and certain interlocutory and collateral 

orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. 

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). 

Because the pleading deficiencies identified by the district 

court may be remedied by the filing of an amended complaint, we 

conclude that the order Hatch seeks to appeal is neither a final 

order nor an appealable interlocutory or collateral order. 

Domino Sugar Corp. v. Sugar Workers’ Local Union 392, 10 F.3d 

1064, 1067 (4th Cir. 1993). Accordingly, we dismiss the appeal 

for lack of jurisdiction. We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process.

DISMISSED
EXHIBIT 99.2


                   Certification of Periodic Financial Report
                       Pursuant to 18 U.S.C. Section 1350

For purposes of 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002,  the  undersigned,  Joe F.  Ogburn,  the chief
financial officer of RSI Holdings, Inc. (the "Company"),  hereby certifies that,
to his knowledge:

(i) the Quarterly Report on Form 10-QSB of the Company for the quarter ended May
31,  2003,  as filed with the  Securities  and Exchange  Commission  on the date
hereof (the "Report")  fully complies with the  requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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

Dated: July 7, 2003


/s/ Joe F. Ogburn
-----------------------------------------------------
Joe F. Ogburn
Vice President, Treasurer, and Principal Financial Officer



A signed  original of this  written  statement  required by Section 906 has been
provided to RSI Holdings,  Inc. and will be retained by RSI  Holdings,  Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUL-03-1999
<EXCHANGE-RATE>                                      1
<CASH>                                              53
<SECURITIES>                                         0
<RECEIVABLES>                                   37,563
<ALLOWANCES>                                   (1,128)
<INVENTORY>                                     21,958
<CURRENT-ASSETS>                                63,451
<PP&E>                                          65,511
<DEPRECIATION>                                (18,142)
<TOTAL-ASSETS>                                 296,448
<CURRENT-LIABILITIES>                           53,249
<BONDS>                                        176,520
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        90,073
<OTHER-SE>                                    (26,357)
<TOTAL-LIABILITY-AND-EQUITY>                   296,448
<SALES>                                              0
<TOTAL-REVENUES>                               110,318
<CGS>                                           81,150
<TOTAL-COSTS>                                   81,150
<OTHER-EXPENSES>                                17,595
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,922
<INCOME-PRETAX>                                  1,959
<INCOME-TAX>                                     1,765
<INCOME-CONTINUING>                                194
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       194
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
# L_2008024EN.01005304.xml

| 29.1.2008 | EN | Official Journal of the European Union | L 24/53 |
| --- | --- | --- | --- |

29.1.2008

EN

Official Journal of the European Union

L 24/53

---

Information relating to the entry into force of the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas

The Agreement between the European Community and Ukraine on the facilitation of the issuance of visas entered into force on 1 January 2008, the procedure provided for in Article 14 of the Agreement having been completed on 30 November 2007.

---
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 on Form 10-K of IA Global, Inc. (the
"Company") for the year ended December 31, 2001 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), Alan Margerison, Chief
Executive Officer and Mark E. Scott, 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, to the best of my knowledge, 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.


Date: December 29, 2003                 /s/ Alan Margerison
                                        -----------------------
                                        Alan Margerison
                                        Chief Executive Officer


Date: December 29, 2003                 /s/ Mark E. Scott
                                        -----------------------
                                        Mark E. Scott
                                        Chief Financial Officer
Jefferson S. DUNN, Commissioner, Alabama Department of Corrections, et al., applicants, v. Torrey Twane McNABB.

No. 17A440.

Supreme Court of the United States

Oct. 19, 2017.

Application to vacate the injunction entered by the United States District Court for the Middle District of Alabama on October 16, 2017, presented to Justice THOMAS and by him referred to the Court, is granted. "[I]nmates seeking time to challenge the manner in which the State plans to execute them must satisfy all of the requirements for a stay, including a showing of a significant possibility of success on the merits." *Hill v. McDonough,*547 U.S. 573, 584, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2016). The All Writs Act does not excuse a court from making these findings. Because the District Court enjoined respondent's execution without finding that he has a significant possibility of success on the merits, it abused its discretion. We accordingly vacate the injunction.

Justice BREYER and Justice SOTOMAYOR would deny the application to vacate the injunction.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50024

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ERIKA MADERA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:12-CR-1653-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Erika Madera has

moved for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th

Cir. 2011). Madera has not filed a response. We have reviewed counsel’s brief

and the relevant portions of the record reflected therein. We concur with

counsel’s assessmentthat the appeal presents no nonfrivolous issue for appellate

review. Accordingly, counsel’s motion for leave to withdraw is GRANTED,

United States Court of Appeals

Fifth Circuit

F I L E D

October 25, 2013

Lyle W. Cayce

Clerk

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

 Case: 13-50024 Document: 00512420192 Page: 1 Date Filed: 10/25/2013
No. 13-50024

counsel is excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 13-50024 Document: 00512420192 Page: 2 Date Filed: 10/25/2013
EXHIBIT 23.2

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the use in connection with the registration statements on Form S-8
for the 1999 Stock Option Plan, Registration File No. 333-41788, and the 2000
Stock Option Plan, Registration File No. 333-41786, and the 1999 and 2000 Stock
Option Plans, Registration File No. 333-116671, of IA Global, Inc. formerly
Medium4.com, Inc, incorporated into the Annual Report on Form 10-K of IA Global,
Inc., of our report dated March 15, 2004 relating to the financial statements of
IA Global, Inc. and Subsidiaries as of December 31, 2003 and for the year then
ended December 31, 2003.

                                        /s/ Radin Glass & Co., LLP
                                        Radin Glass & Co., LLP
                                        Certified Public Accountants

New York, New York
April 12, 2005
```

[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Page 22225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07957]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Dental & Craniofacial Research; Notice of 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of a meeting of the National Advisory 
Dental and Craniofacial Research Council.
    The meeting will be held as a virtual meeting and is open to the 
public. Individuals who plan to view the virtual meeting and need 
special assistance or other reasonable accommodations to view the 
meeting, should notify the Contact Person listed below in advance of 
the meeting. The open session will be videocast and can be accessed 
from the NIH Videocasting and Podcasting website (http://videocast.nih.gov/).
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Dental and Craniofacial 
Research Council.
    Date: May 18, 2022.
    Open: 10:00 a.m. to 1:30 p.m.
    Agenda: Report of the Director, NIDCR and concept clearances.
    Place: National Institutes of Health, 6701 Democracy Boulevard, 
Bethesda, MD 20892 (Virtual Meeting).
    Closed: 2:00 p.m. to 3:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Democracy Boulevard, 
Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Lynn M. King, Ph.D., Executive Secretary, 
Division of Extramural Activities, National Institute of Dental 
Craniofacial Research, 6701 Democracy Blvd., Room 960, Bethesda, MD 
20892-4878, (301) 594-5006, [email protected].

    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.
    Information is also available on the Institute's/Center's home 
page: http://www.nidcr.nih.gov/about, where an agenda and any 
additional information for the meeting will be posted when 
available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral 
Diseases and Disorders Research, National Institutes of Health, HHS)

    Dated: April 8, 2022.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-07957 Filed 4-13-22; 8:45 am]
BILLING CODE 4140-01-P
```
Adrian GOMEZ-UREABA and Silvano Garcia-Ibarra, petitioners, v. UNITED STATES.

No. 17-5283.

Supreme Court of the United States

May 14, 2018.

On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioners for leave to proceed *in forma pauperis* and for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of *Sessions v. Dimaya,* 584 U.S. ----, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018).
___________ No. 95-2184

___________ James McGuire, * * Appellee, * * v. * * Dora Schriro; Michael L. Kemna, * * Defendants, * * Correctional Medical Services, * Agency for the Missouri * Appeal from the United States Department of Corrections, St. * District Court for the Louis, MO, * Western District of Missouri. * Appellant, * [UNPUBLISHED] * John Langland, CMS Administrator,* *

Defendant, * * Mary Lou Wilson; Diane Schmille; * Dr. John Matthews, CMS Medical * Examiner, * * Appellants. *

___________ Submitted: May 1, 1996 Filed: May 21, 1996

___________ Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM.

James McGuire, an inmate at Western Missouri Correctional Cente r (WMCC), brought this 42 U.S.C. § 1983 action against, among others , Correctional Medical Systems (CMS) and various CMS personne l ("defe ndants"). McGuire claimed defendants acted with deliberat e indifference to his serious medical need by delaying for

### The Honorable Howard F. Sachs, United States District Judge 1 

### for the Western District of Missouri.
-2- several months the surgical repair of his hernia. Defendants moved fo r
summar yjudgment and argued they were entitled to qualified immunity

. Mc Guire opposed the motion. The district court denied the motion , 1 conclu ding defendants were not entitled to summary judgment based o n qualifiedimmunity because genuine issues of material fact existe d regard ing their roles in McGuire's medical treatment, and McGuire ha d al legedthe violation of a clearly established constitutional right

. Defendants appeal.

An or der denying a motion for summary judgment based on qualifie d immunit ymay be final and appealable depending on the issue appealed

. Johnson v. Jones , 115 S. Ct. 2151, 2154-55 (1995). If the issue concerns wheth er a certain point of law is clearly established, or whethe r reasonable officials would have known based on t he facts available to them that their actions vi olated the law, the order is immediately appealable. Mitchell v. Forsyth , 472 U.S. 511, 528-30 (1985) ; Reece v. Groose , 60 F.3d 487, 489 (8th Cir. 1995). If, on the other hand, the issue on appeal is whether the pretrial record creates a genuine is sue of material fact as to the oc currence of particular conduct, the order is not immediatel y appealable. Behrens v. Pelletier , 116 S. Ct. 834, 842 (1996); Johnson v. Jones , 115 S. Ct. at 2158-59.

We agree with the district court that this appeal falls within this latter category. Accordingly, we dismiss for lack of jurisdiction.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 10.72

[BORLAND LETTERHEAD]

June 7, 2004

Mr. Kenneth R. Hahn
[Street Address]
Palo Alto, CA [ZIP]
     Re:  Amendment to Employment AgreementDear Ken:

In connection with the Employment Agreement (the "Agreement") dated August 7, 2002, as amended October 22, 2002, by and between you and Borland Software Corporation ("Borland"), the parties hereby agree to amend the Agreement to remove the first sentence of the second paragraph of the Agreement:



> In consideration for your service to Borland, you will be paid a base salary of $10,769.23 every two weeks (which equals $280,000.00 per year), less applicable taxes and other withholdings in accordance with Borland's standard payroll practices.

and replace it with:



> In consideration for your service to Borland, you will be paid a base salary of $13,461.54 every two weeks (which equals $350,000.00 per year), less applicable taxes and other withholdings in accordance with Borland's standard payroll practices.

Other than as expressly modified above, all of the other terms and conditions of the Agreement shall remain in full force and effect without modification.

|Sincerely,                  
|----------------------------
|                            
|BORLAND SOFTWARE CORPORATION
|                            
|By:  /s/    Dale L. Fuller  
|                            
|Dale L. Fuller              
|Chief Executive Officer     
|                            
|                            
|AGREED AND ACCEPTED ON      
|June 7, 2004                
|                            
|/s/    Kenneth R. Hahn      
|                            
|Kenneth R. Hahn