alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-1436

In Re: EDWARD G. SHLIKAS,

Petitioner.

On Petition for Writ of Mandamus. (CA-97-1188-1)

Submitted: May 13, 1999 Decided: May 19, 1999

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Edward G. Shlikas, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Edward G. Shlikas filed a petition for a writ of mandamus

seeking an order compelling the district court to allow him to file

a responsive brief in excess of twenty pages and for a writ of

prohibition ordering the district judge and magistrate judge to

disqualify themselves from all further proceedings in his case. We

deny the petition.

A writ of mandamus and a writ of prohibition are drastic remedies to be used only in extraordinary circumstances. See Kerr v.

United States Dist. Court, 426 U.S. 394, 402 (1976) (writ of mandamus); In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983) (writ of

prohibition). Relief under these writs is only available when

there are no other means by which the relief sought could be

granted, In re Beard, 811 F.2d 818, 826 (4th Cir. 1987), and they

may not be used as a substitute for appeal. See In re United

Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The party seeking

relief carries the heavy burden of showing that he has “no other

adequate means to attain the relief he desires” and that his right

to such relief is “clear and indisputable.” See Allied Chem. Corp.

v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Shlikas has not made

such a showing. Accordingly, we deny his petition for a writ of

mandamus. We dispense with oral argument because the facts and
3

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

PETITION DENIED
# Council Decision 2014/508/CFSPShow full title

Council Decision 2014/508/CFSP of 30 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect            of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine         

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U.K.

# Council Decision 2014/508/CFSP                     

# of 30 July 2014

# amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial                        integrity, sovereignty and independence of Ukraine                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining                           or threatening the territorial integrity, sovereignty and independence of Ukraine(1), and in particular Article 3(1) thereof,                        

Whereas:

(1)On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

(2)In view of the gravity of the situation in Ukraine, the Council considers that additional persons and entities should be added                              to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

(3)The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.

# Article 2U.K.

This Decision shall enter into force on the date of its publication in the *Official Journal of the European Union*.                  

Done at Brussels, 30 July 2014.

*For the Council*                            

*The President*                            

S. Gozi                            

## ANNEXU.K.LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1

### Individuals

### Entities

1

OJ L 78, 17.3.2014, p. 16.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

      ( print page 51816)    
                    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may obtain copies of agreements by contacting the Commission's Office of Agreements at 202-523-5793 or via e-mail at                     *tradeanalysis@fmc.gov.*                     Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days of the date this notice appears in the                     **Federal Register**                    .                 

*Agreement No.:*                         011847-002.                     

*Title:*                         Pacific Gulf Express Agreement.                     

*Parties:*                         CMA CGM, S.A.; P&O Nedlloyd Limited; and P&O Nedlloyd B.V.                     

*Filing Party:*                         Neal M. Mayer, Esq.; Hoppel, Mayer & Coleman; 1000 Connecticut Avenue, NW.; Washington, DC 20036.                     

*Synopsis:*                         The amendment increases the size of the vessels deployed under the agreement and makes corresponding adjustments in the space allocation.                     

By Order of the Federal Maritime Commission. 

Dated: August 26, 2005. 

Karen V. Gregory, 

Assistant Secretary. 

[FR Doc. 05-17338 Filed 8-30-05; 8:45 am] 

BILLING CODE 6730-01-P
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

AND PRINCIPAL FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In connection with the Quarterly Report of Wells Real Estate Fund VIII, L.P. on Form 10-Q for the quarterly period ended March 31, 2007, as filed with the Securities and Exchange Commission (the Report), the undersigned,
Leo F. Wells, III, Principal Executive Officer of the corporate general partner of one of the General Partners of the Registrant, and Douglas P. Williams, Principal Financial Officer of the corporate general partner of one of the General Partners of
the Registrant, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of our 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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                           
|---------------------------
|/s/ Leo F. Wells, III      
|Leo F. Wells, III          
|Principal Executive Officer
|May 11, 2007               



|                           
|---------------------------
|/s/ Douglas P. Williams    
|Douglas P. Williams        
|Principal Financial Officer
|May 11, 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 accompanying Annual Report of Enviro Voraxial Technology, Inc. (the “Company”) on Form 10-K for the year ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alberto DiBella, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 fully presents, in all material respects, the financial condition and results of operations of the Company.







By:       /s/Alberto DiBella


Alberto DiBella


Principal Executive Officer


April 21, 2011
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           5,319
<SECURITIES>                                         0
<RECEIVABLES>                                   14,980
<ALLOWANCES>                                     1,010
<INVENTORY>                                     19,087
<CURRENT-ASSETS>                                42,722
<PP&E>                                           9,769
<DEPRECIATION>                                   5,376
<TOTAL-ASSETS>                                 100,724
<CURRENT-LIABILITIES>                           10,688
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            92
<OTHER-SE>                                      83,420
<TOTAL-LIABILITY-AND-EQUITY>                   100,724
<SALES>                                         75,611
<TOTAL-REVENUES>                                75,611
<CGS>                                           40,243
<TOTAL-COSTS>                                   40,968
<OTHER-EXPENSES>                                24,992
<LOSS-PROVISION>                                   110
<INTEREST-EXPENSE>                                  16
<INCOME-PRETAX>                                 10,117
<INCOME-TAX>                                     5,605
<INCOME-CONTINUING>                              4,512
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,512
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.51
        


</TABLE>
BAREFOOT v. POLK, et al.

No. 53P07.

Supreme Court of North Carolina.

June 27, 2007.

Robert Montgomery, Special Deputy Attorney General, for State of NC.

Marvin L. Polk, Warden, for Polk.

Brooks Steadman, Sargeant, for Steadman.

Officer Melvin, Correctional Officer, for Melvin.

J. Harrison, Officer, for Harrison.

J. Panter, Officer, for Panter.

E. Thomas, Captain, for Thomas.

Officer Harris, Correctional Officer, for Harris.

Lt. Bynum, Lieutenant, for Bynum.

Officer James, Correctional Officer, for James.

Officer Clayton, Correctional Officer, for Clayton.

Officer Ashe, Correctional Officer, for Ashe.

Officer Butts, Correctional Officer, for Butts.

The following order has been entered on the motion filed on the 19th day of January 2007 by Plaintiff for Relief:

*206"Motion Dismissed by order of the Court in conference this the 27th day of June 2007."
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-1998
<PERIOD-END>                              MAR-31-1998
<CASH>                                         23,100
<SECURITIES>                                    6,700         
<RECEIVABLES>                                 381,700
<ALLOWANCES>                                   11,800
<INVENTORY>                                   124,500
<CURRENT-ASSETS>                              618,700 
<PP&E>                                        582,400
<DEPRECIATION>                                252,200
<TOTAL-ASSETS>                              1,281,700
<CURRENT-LIABILITIES>                         451,100
<BONDS>                                       180,000
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                      192,500
<OTHER-SE>                                    433,200
<TOTAL-LIABILITY-AND-EQUITY>                1,281,700
<SALES>                                       470,300 
<TOTAL-REVENUES>                              470,300
<CGS>                                         107,400         
<TOTAL-COSTS>                                 107,400 
<OTHER-EXPENSES>                               62,000
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              3,400
<INCOME-PRETAX>                                85,500
<INCOME-TAX>                                   30,200
<INCOME-CONTINUING>                            55,300
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                   55,300
<EPS-PRIMARY>                                     .38
<EPS-DILUTED>                                     .37
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          33,551
<SECURITIES>                                         0
<RECEIVABLES>                                   23,352
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                57,795
<PP&E>                                         430,227
<DEPRECIATION>                                 286,684
<TOTAL-ASSETS>                                 209,330
<CURRENT-LIABILITIES>                           43,377
<BONDS>                                        246,993
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,048
<COMMON>                                         1,321
<OTHER-SE>                                    (81,040)
<TOTAL-LIABILITY-AND-EQUITY>                   209,330
<SALES>                                         15,227
<TOTAL-REVENUES>                                18,901
<CGS>                                                0
<TOTAL-COSTS>                                    5,176
<OTHER-EXPENSES>                                 9,653
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,809
<INCOME-PRETAX>                                (4,737)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,737)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,737)
<EPS-BASIC>                                      (.43)
<EPS-DILUTED>                                    (.43)


</TABLE>
#### Catherine Belvedere, Appellant, v Afc Construction Corp. et al., Respondents, et al., Defendants.

[799 NYS2d 801]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens *391County (O’Donoghue, J.), dated May 28, 2004, which granted the motion of the defendants AFC Enterprises, Inc., sued herein as AFC Construction Corp. and AFC Enterprises, Inc., and 76th Avenue Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on “broken up gravel and loose cement,” which was present on a portion of the sidewalk adjacent to property used for the storage of construction equipment by the defendant AFC Enterprises, Inc., sued herein as AFC Construction Corp. and AFC Enterprises, Inc. (hereinafter AFC). Thereafter, the plaintiff commenced this action, alleging that the defendants were responsible for the condition.

The Supreme Court properly granted the motion of the defendants AFC and 76th Avenue Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them. Those defendants made a prima facie showing of their entitlement to judgment as a matter of law *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]) by establishing that they neither owned nor made special use of the abutting sidewalk, and that they had no connection to the condition upon which the plaintiff allegedly fell. The plaintiffs conclusory assertions that the substance which caused her fall may have emanated from the adjacent property or may have been caused by the use of the sidewalk by the moving defendants were speculative in nature and were insufficient to raise a triable issue of fact *(see Murphy v Kissena Drugs,*4 AD3d 401 [2004]; *Billordo v E.P. Realty Assoc.,*300 AD2d 523 [2002]). Krausman, J.P., Mastro, Rivera and Spolzino, JJ., concur.
<PAGE>
 
                                                                      EXHIBIT 12



RATIO OF EARNINGS TO FIXED CHARGE:

<TABLE>
<CAPTION>
                                                                   THREE MONTHS ENDED   THREE MONTHS ENDED
                                                                     MARCH 31, 1997       MARCH 31, 1996
                                                                   ------------------   -------------------
<S>                                                                      <C>                  <C>
 
         Income (Loss) before provision for income taxes                     $  825              $  (187)
           Add fixed charges
             Interest costs including amortization of debt
             issuance cost                                                      162                   30
                                                                             ------              -------
         Earnings (Loss)                                                     $  987              $  (157)
                                                                             ======              =======
         Fixed Charges
           Interest expense including amortization of debt
            issuance cost                                                       162                   30
           Capitalized interest                                               1,338                  448
                                                                             ------              -------
         Total Fixed Charges                                                  1,500                  478
                                                                             ======              =======
         Ratio of Earnings to Fixed Charges                                     .66                 (.33)

         Deficiency of Earnings to Cover Fixed Charges                       $ (513)             $  (635)
</TABLE>

                                                                   Page 19 of 18
# Council Decision of 28 October 2014 appointing a Danish member and a Danish alternate member of the Committee of the Regions            (2014/747/EU)         

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U.K.

# Council Decision

# of 28 October 2014

# appointing a Danish member and a Danish alternate member of the Committee of the Regions

# (2014/747/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Danish Government,

Whereas:

(1)On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU(1) and 2010/29/EU(2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January                              2015. On 8 July 2014, by Council Decision 2014/445/EU(3), Mr Marc PERERA CHRISTENSEN was appointed as alternate member until 25 January 2015.

(2)A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Søren PAPE                              POULSEN.

(3)An alternate member's seat will become vacant following the appointment of Mr Marc PERERA CHRISTENSEN as member of the Committee                              of the Regions.

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which                     runs until 25 January 2015:                  

as member:
                -  Mr Marc PERERA CHRISTENSEN, *Anden Viceborgmester, Aarhus City Council*                                   

and

as alternate member:
                -  Mr Martin HULGAARD, *Viceborgmester, Municipality of Struer*.                                  

# Article 2U.K.

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 28 October 2014.

*For the Council*                            

*The President*                            

G. L. Galletti                            

1

OJ L 348, 29.12.2009, p. 22                            

2

OJ L 12, 19.1.2010, p. 11.                           

3

OJ L 201, 10.7.2014, p. 25.