alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Fitzpatrick, Judges Frank and Clements

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY MEMORANDUM OPINION * v. Record No. 0505-04-1 PER CURIAM JUNE 22, 2004 JAMES J. PRESTON

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Benjamin M. Mason; Mason, Ma son, Walker & He drick, P.C., on brief), for appellant. (John E. Robins, Jr.; Stephen F. Forbes; Forbes & Broadwell, on brief), for appellee.

Newport News Shipbuilding and Dry Dock Company (employer) appeals a decision of the Workers’ Compensation Commission awarding te mporary total disability benefits, temporary partial disability benefits, and medical benefits to James J. Preston (claimant), and finding that (1) claimant was entitled to a de facto award, and therefore had no duty to market his residual work capacity; (2) claimant did no t unjustifiably refuse vocational rehabilitation efforts; and (3) he did not unjustifiably refuse selective empl oyment. We have reviewed the record and the commission’s opinion and find no reve rsible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Preston v. Newport News Shipbuilding & Dry Dock Company , VWC File No. 210-67-33 (Feb. 3, 2004). 1 We dispense with oral argument and

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.

1 We note that employer argues that the commission erred in awarding claimant temporary total disability benefits from Se ptember 3, 2002 through October 6, 2002, because the evidence proved that he was taking class at th e Apprentice School during that period and was being paid for his work. Thus, employer conten ds that claimant was entitled to, at most,- 2- summarily affirm because the facts and legal contentions are adequately presented in the materials before the Court and argument woul d not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.

temporary partial disability benefits during that period of time. Employer did not raise this argument before the commission. Therefore, we w ill not consider it for the first time on appeal. See Rule 5A:18.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 5179

_____________________________ S TUART D ELANCY , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for A lachua County

. Mark W. Moseley , Judge

. February 19, 2018

P ER C URIAM

.
A FFIRMED

.
R OBERTS , K ELSEY , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________ Stuart Delancy, pro se
, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee
, for Appellee.
STATE v. BRYSON.

No. COA08-625.

Court of Appeals of North Carolina.

Filed February 3, 2009.

Certification Date February 23, 2009.

Appeal from Buncombe (06CRS57919, 06CRS57920, 06CRS57921, 06CRS11312).

Case reported without published opinion. No prejudicial error.
STATE of North Carolina v. Joshua David SMITH.

No. 234A08.

Supreme Court of North Carolina.

June 11, 2008.

Chris Z. Sinha, Assistant Attorney General, Rick Shaffer, District Attorney, for State ofNC.

Kirby H. Smith, New Bern, for Smith.

Prior report: ___ N.C.App. ___, 660 S.E.2d 82.

*ORDER*

Upon consideration of the petition filed by State of NC on the 22nd day of May 2008 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 11th day of June 2008."
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted
from the consolidated financial statements of Twin City Bancorp,
Inc. and Subsidiaries in the filing to which this schedule is an
exhibit and is qualified in its entirety by reference to such
financial statements.
<MULTIPLIER>  1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       4,090
<INT-BEARING-DEPOSITS>                       2,834
<FED-FUNDS-SOLD>                                 0
<TRADING-ASSETS>                                 0
<INVESTMENTS-HELD-FOR-SALE>                 15,659 
<INVESTMENTS-CARRYING>                           0
<INVESTMENTS-MARKET>                             0
<LOANS>                                     83,255
<ALLOWANCE>                                    172
<TOTAL-ASSETS>                             111,436
<DEPOSITS>                                  88,963 
<SHORT-TERM>                                     0
<LIABILITIES-OTHER>                          2,838
<LONG-TERM>                                  5,500
<COMMON>                                     1,219
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                  12,916
<TOTAL-LIABILITIES-AND-EQUITY>             111,436
<INTEREST-LOAN>                              5,363
<INTEREST-INVEST>                              880
<INTEREST-OTHER>                               183
<INTEREST-TOTAL>                             6,426
<INTEREST-DEPOSIT>                           3,110
<INTEREST-EXPENSE>                           3,228
<INTEREST-INCOME-NET>                        3,198
<LOAN-LOSSES>                                  185
<SECURITIES-GAINS>                              13
<EXPENSE-OTHER>                              2,166
<INCOME-PRETAX>                              1,555
<INCOME-PRE-EXTRAORDINARY>                   1,555
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                   936
<EPS-PRIMARY>                                  .80
<EPS-DILUTED>                                  .77
<YIELD-ACTUAL>                                4.07 
<LOANS-NON>                                    149
<LOANS-PAST>                                     0
<LOANS-TROUBLED>                                 0
<LOANS-PROBLEM>                                  0
<ALLOWANCE-OPEN>                               125
<CHARGE-OFFS>                                  138
<RECOVERIES>                                     0
<ALLOWANCE-CLOSE>                              172
<ALLOWANCE-DOMESTIC>                           172
<ALLOWANCE-FOREIGN>                              0
<ALLOWANCE-UNALLOCATED>                          0
        

</TABLE>
# Political and Security Committee Decision (CFSP) 2015/2413Show full title

Political and Security Committee Decision (CFSP) 2015/2413 of 9 December 2015 extending the mandate of the Head of Mission            of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (EUPOL Afghanistan/2/2015)         

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U.K.

# Political and Security Committee Decision (CFSP) 2015/2413                     

# of 9 December 2015

# extending the mandate of the Head of Mission of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (EUPOL                        Afghanistan/2/2015)                     

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL                           AFGHANISTAN)(1) and in particular Article 10(1) thereof,                        

Whereas:

(1)Pursuant to Article 10(1) of Decision 2010/279/CFSP, the Political and Security Committee (PSC) is authorised, in accordance                              with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic                              direction of the EUPOL Afghanistan mission, including, in particular, the decision to appoint a Head of Mission.

(2)On 17 December 2014, the Council adopted Decision 2014/922/CFSP(2) extending the duration of EUPOL Afghanistan until 31 December 2016.

(3)On 10 February 2015, the PSC adopted Decision (CFSP) 2015/247(3), appointing Ms Pia STJERNVALL as Head of Mission of EUPOL Afghanistan from 16 February 2015 to 31 December 2015.

(4)The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Ms Pia                              STJERNVALL as Head of Mission of EUPOL Afghanistan, from 1 January 2016 to 31 December 2016,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The mandate of Ms Pia STJERNVALL as Head of Mission of EUPOL Afghanistan is hereby extended until 31 December 2016.

# Article 2U.K.

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

It shall apply from 1 January 2016.

Done at Brussels, 9 December 2015.

*For the Political and Security Committee*                            

*The Chairperson*                            

W. Stevens                            

1

OJ L 123, 19.5.2010, p. 4.                           

2

Council Decision 2014/922/CFSP of 17 December 2014 amending and extending Decision 2010/279/CFSP on the European Union Police                              Mission in Afghanistan (EUPOL AFGHANISTAN) (OJ L 363, 18.12.2014, p. 152).                           

3

Political and Security Committee Decision (CFSP) 2015/247 of 10 February 2015 on the appointment of the Head of Mission of                              the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (EUPOL AFGHANISTAN/1/2015) (OJ L 41, 17.2.2015, p. 24).
GABICE-MYRIE v. HARBOR.

No. 197P08.

Supreme Court of North Carolina.

October 9, 2008.

Aluwa Harbor, Pro Se.

The following order has been entered on the motion filed on the 23rd day of April 2008 by Plaintiff for "Petition for Judicial Review":

"Motion Dismissed by order of the Court in conference this the 9th day of October 2008."
<PAGE>

                                                                      EXHIBIT 23


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation by
reference in this Form 10-K of our report dated February 23, 2001 included in
Registration Statement File Nos. 333-43475, 333-67755, 333-67757, 333-68101,
333-81179, 333-81181, 333-81381, 333-88839, 333-88841, 333-88843, 333-42886 and
333-39500.  It should be noted that we have not audited any financial statements
of the Company subsequent to December 31, 2000 or performed any audit procedures
subsequent to the date of our report.



Arthur Andersen LLP

Houston, Texas
March 19, 2001
# Council Decision (CFSP) 2015/1066Show full title

Council Decision (CFSP) 2015/1066 of 2 July 2015 amending Decision 2013/183/CFSP concerning restrictive measures against the            Democratic People's Republic of Korea         

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U.K.

# Council Decision (CFSP) 2015/1066                     

# of 2 July 2015

# amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

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 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's                           Republic of Korea and repealing Decision 2010/800/CFSP(1) and in particular Article 19(2) thereof,                        

Whereas:

(1)On 22 April 2013, the Council adopted Decision 2013/183/CFSP.

(2)One entity and six persons should be added to the list of persons and entities subject to restrictive measures in Annex II                              to Decision 2013/183/CFSP.

(3)Annex II to Decision 2013/183/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Annex II to Decision 2013/183/CFSP is amended as set out in the Annex to this Decision.

# Article 2U.K.

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

Done at Brussels, 2 July 2015.

*For the Council*                            

*The President*                            

J. Asselborn                            

## ANNEXU.K.

The persons and entities listed below shall be added to the list of persons and entities subject to restrictive measures set                     out in Annex II to Decision 2013/183/CFSP:                  

### II.*Persons and entities providing financial services that could contribute to the DPRK's nuclear-related, ballistic missile-related                           or other weapons of mass destruction-related programmes.*U.K.

#### A.**Persons**U.K.

#### B.**Entities**U.K.

1

OJ L 111, 23.4.2013, p. 52.
STATE of North Carolina v. Lamar Dameian BASS.

No. 373P08.

Supreme Court of North Carolina.

December 11, 2008.

Lamar D. Bass, Pro Se.

C. Norman Young, Jr., Assistant Attorney General, David Saacks, District Attorney, for State of NC.

Prior report: ___ N.C.App. ___, 660 S.E.2d 123.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 12th day of August 2008 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 11th day of December 2008."

Upon consideration of the petition filed by Defendant on the 12th day of August 2008 in this matter for a writ of certiorari under G.S. 7A-32(c), 15A-1442 et seq and Rule 21 of the N.C. Rules of Appellate Procedure, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th day of December 2008."
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 Quarterly Report of ERP Operating Limited Partnership
(ERPOP) on Form 10-Q for the period ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David J. Neithercut, Chief Executive Officer of Equity Residential,
general partner of ERPOP, certify, pursuant to 18.U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of ERPOP.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------



|                                                       
|-------------------------------------------------------
|/s/ David J. Neithercut                                
|David J. Neithercut                                    
|Chief Executive Officer of Registrants General
Partner
|November 6, 2008
<TABLE> <S> <C>

<ARTICLE>      9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AUDITED
FINANCIAL STATEMENTS DATED September 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                         1494118
<INT-BEARING-DEPOSITS>                         2521578
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    7483447
<INVESTMENTS-CARRYING>                          344257
<INVESTMENTS-MARKET>                            349193
<LOANS>                                       28582610
<ALLOWANCE>                                      80680
<TOTAL-ASSETS>                                41749752
<DEPOSITS>                                    31517533
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             338947
<LONG-TERM>                                    4000341
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3317
<OTHER-SE>                                     5889614
<TOTAL-LIABILITIES-AND-EQUITY>                41749752
<INTEREST-LOAN>                                2393642
<INTEREST-INVEST>                               580732
<INTEREST-OTHER>                                331271
<INTEREST-TOTAL>                               3305645
<INTEREST-DEPOSIT>                             1614091
<INTEREST-EXPENSE>                             1830961
<INTEREST-INCOME-NET>                          1474684
<LOAN-LOSSES>                                     5000
<SECURITIES-GAINS>                               12743
<EXPENSE-OTHER>                                1058647
<INCOME-PRETAX>                                 537504
<INCOME-PRE-EXTRAORDINARY>                      327740
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    327740
<EPS-PRIMARY>                                     1.15
<EPS-DILUTED>                                     1.12
<YIELD-ACTUAL>                                     .08
<LOANS-NON>                                     250000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                163,000
<ALLOWANCE-OPEN>                                 77000
<CHARGE-OFFS>                                     3249
<RECOVERIES>                                      1929
<ALLOWANCE-CLOSE>                                80680
<ALLOWANCE-DOMESTIC>                             39556
<ALLOWANCE-FOREIGN>                                  0                    
<ALLOWANCE-UNALLOCATED>                          41124
        


</TABLE>
----

(2004/C 33 E/036)

WRITTEN QUESTION E-0339/03

by Horst Schnellhardt (PPE-DE) to the Commission

(10 February 2003)

Subject:   Ban on chocolate cigarettes

A letter from the Federal Ministry for Consumer Protection, Food and Agriculture of the Federal Republic of Germany announces measures drawn up by the European Commission designed to restrict advertising campaigns which seek to promote the consumption of tobacco by children and young people. In this connection, consideration would also be given to a ban on the manufacture, import and sale of sweets and toys which look like tobacco products.

Answer given by Mr Byrne on behalf of the Commission

(3 March 2003)

Banning the sales of chocolate cigarettes is not a measure adopted by the Commission. Rather, such a prohibition is part of the Recommendation on the Prevention of Smoking and on Initiatives to Improve Tobacco Control, which the Council adopted on 2 December 2002 upon a proposal by the Commission under Article 152 paragraph 4 of the EC Treaty (1). With regard to this proposal of the Commission the Parliament adopted a resolution (2) which as modification 5 contains the following new paragraph under point 1 (d) of the Commission's proposal:

The definitive version of the Recommendation adopted by the Council follows this suggestion with a different wording:

As the name implies this Recommendation of the Council is not legally binding. It is, therefore, left to Member States to decide in which way they will follow-up the Council's Recommendation to prohibit the sale of products like chocolate cigarettes.

----

(1)  Council Recommendation 2003/54/EG of 2 December 2002 on the Prevention of Smoking and on Initiatives to Improve Tobacco Control — OJ L 22, 25.1.2003.

(2)  2002/2167 INI.

----
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40842

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

MARK WAYNE JOHNSON

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 6:05-CR-107-1

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Mark Wayne Johnson has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967). Johnson has not filed a response. Our independent review

of the record and counsel’s brief discloses no nonfrivolous issue for appeal.

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

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
# Council Implementing Regulation (EU) No 46/2014Show full title

Council Implementing Regulation (EU) No 46/2014 of 20 January 2014 implementing Regulation (EC) No 765/2006 concerning restrictive            measures in respect of Belarus         

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# Council Implementing Regulation (EU) No 46/2014                     

# of 20 January 2014

# implementing Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 765/2006(1), and in particular Article 8a(1) and 8a(3) thereof,                        

Whereas:

(1)On 18 May 2006, the Council adopted Regulation (EC) No 765/2006.

(2)The Council considers that the reasons for the listing of one person as set out in Annex I to Regulation (EC) No 765/2006                              should be amended.

(3)Annex I to Regulation (EC) No 765/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Annex I to Regulation (EC) No 765/2006 is amended as set out in the Annex to this Regulation.

# Article 2U.K.

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

## ANNEXU.K.

[X1In Annex I to Regulation (EC) No 765/2006, entry No 199 shall be replaced by the following:]                   

Editorial Information

X1Substituted by Corrigendum to Council Implementing Regulation (EU) No 46/2014 of 20 January 2014 implementing Regulation (EC) No 765/2006                                 concerning restrictive measures in respect of Belarus (Official Journal of the European Union L 16 of 21 January 2014).

1

Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus (OJ L 134, 20.05.2006, p. 1).
STATE v. UZZELL.

No. COA07-597.

Court of Appeals of North Carolina.

Filed March 4, 2008.

Certification Date March 24, 2008.

Appeal from Wayne (05CRS56029, 06CRS4895).

Case reported without published opinion. No error.