alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008079EN.01000401.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/4 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/4

---

Judgment of the Court (Third Chamber) of 14 February 2008 (reference for a preliminary ruling from the Landgericht Koblenz — Germany) — Dynamic Medien Vertriebs GmbH v Avides Media AG

(Case C-244/06) (1)

1

(Free movement of goods - Article 28 EC - Measures having equivalent effect - Directive 2000/31/EC - National rules prohibiting the sale by mail order of image storage media which have not been examined and classified by the competent authority for the purpose of protecting children and which do not bear a label from that authority indicating the age from which they may be viewed - Image storage media imported from another Member State which have been examined and classified by the competent authority of that State and bear an age-limit label - Justification - Child protection - Principle of proportionality)

(2008/C 79/05)

Language of the case: German

Referring court

Landgericht Koblenz

Parties to the main proceedings

Applicant: Dynamic Medien Vertriebs GmbH

Applicant:

Defendant: Avides Media AG

Defendant:

Re:

Reference for a preliminary ruling — Landgericht Koblenz — Interpretation of Articles 28 EC and 30 EC and the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (OJ 2000 L 178, p. 1) — National legislation on the protection of youth prohibiting mail order sales of image storage media not labelled as having been declared available to young persons by the competent authority of the Member State — Image storage media imported from another Member State having been declared available to young persons above a certain age limit by the competent authority of that Member State — Principle of proportionality

Operative part of the judgment

Article 28 EC does not preclude national rules, such as those at issue in the main proceedings, which prohibit the sale and transfer by mail order of image storage media which have not been examined and classified by a higher regional authority or a national voluntary self-regulation body for the purposes of protecting young persons and which do not bear a label from that authority or that body indicating the age from which they may be viewed, unless it appears that the procedure for examination, classification and labelling of image storage media established by those rules is not readily accessible or cannot be completed within a reasonable period, or that a decision of refusal is not open to challenge before the courts.

---

(1)  OJ C 178, 29.7.2006.

1

---
EXHIBIT 23

                      CONSENT OF INDEPENDENT ACCOUNTANTS



      We consent to incorporation by reference in the Registration Statements of
Xechem International,  Inc. and its subsidiaries on Forms S-8 Numbers (33-87034)
and (33-93300) as filed with the Securities and Exchange  Commission on July 16,
1996,  of our  report  dated May 28,  1999,  on our  audits of the  consolidated
financial  statements of Xechem  International,  Inc. and its subsidiaries as of
December 31, 1998, and for the year then ended, which report is included in this
Annual Report on Form 10-KSB.





                                       Wiss & Company, LLP
                                       Certified Public Accountants.

Livingston, New Jersey
October 4, 1999
II 

110TH CONGRESS 

1ST SESSION S. 726 

To amend section 42 of title 18, United States Code, to prohibit the 

importation and shipment of certain species of carp. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2007 

Mr. LEVIN (for himself, Mr. VOINOVICH, Mr. FEINGOLD, Mr. BROWN, Mr. 

OBAMA, Mr. COLEMAN, Ms. STABENOW, and Mr. DURBIN) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend section 42 of title 18, United States Code, to 

prohibit the importation and shipment of certain species 

of carp. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Asian Carp Prevention 

5 and Control Act’’. 


hsrobinson on PROD1PC76 with BILLS
2 

•S 726 IS

1 SEC. 2. ADDITION OF SPECIES OF CARP TO THE LIST OF IN2 JURIOUS SPECIES THAT ARE PROHIBITED 

3 FROM BEING IMPORTED OR SHIPPED. 

4 Section 42(a)(1) of title 18, United States Code, is 

5 amended by inserting after ‘‘Dreissena polymorpha;’’ the 

6 following: ‘‘of the black carp of the species 

7 Mylopharyngodon piceus; of the bighead carp of the spe8 cies Hypophthalmichthys nobilis; of the silver carp of the 

9 species Hypophthalmichthys molitrix; of the largescale sil10 ver carp of the species Hypophthalmichthys harmandi;’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS
STATE of North Carolina v. Kelvin VALENCIA, Defendant.

No. COA15-477.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

No Error.
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined th a t

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 99-20078 Summary Calendar

ROBERT J. MAYBERRY, III,

Plaintiff-Appellant,

VERSUS

PRUDENTIAL SECURITIES INCORPORATED,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas

(H-98-CV-3233)

August 20, 1999

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM: *

Mayberry filed this suit against his former employer,

Prudential Securities (Prudential) under Title XII and 42 U.S.C.

0§ 1981 alleging that Prudential had discriminated against him on

the basis of race. Prudential filed a motion to compel arbitration

along with a motion to dismiss the suit relying on an arbitration

agreement Mayber ry signed in his application for securities

registration along with a separate arbitration agreement he

completed in his employment application with Prudential. The

district court granted the defendant’s motion to compel arbitration2 Prudential filed a number of motions, all of which are denied

as moot.

2 and after determining t hat all of the plaintiff’s claims were

arbitrable, granted defendant’s motion to dismiss the complaint.

On appeal, Mr. Mayberry argues that this court should “reverse

its prior holdings that Title VII claims, under the 1991

amendments, are subject to compulsory arbitration . . .”

Even if this panel were so inclined, it does not h ave the

power to over r ule established circuit precedent. Lineberry v.

United States

, 512 F.2d 510 (5 th Cir. 1975). In Roja s v. T.K.

Communications, Inc

., 87 F.3d 745, 747 (5th Cir. 1996), we held

that arbitration agreements simil ar to those executed by the

plaintiff encompass Title VII and Section 1981 claims and require

that those claims be arbitrated. The district court correctly

dismissed plaintiff’s complaint. 2

AFFIRMED.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 399 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 399

To amend title XIX of the Social Security Act to include podiatrists as 
   physicians for purposes of covering physicians services under the 
                           Medicaid program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2007

  Mr. Bunning (for himself and Ms. Mikulski) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XIX of the Social Security Act to include podiatrists as 
   physicians for purposes of covering physicians services under the 
                           Medicaid program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCLUSION OF PODIATRISTS AS PHYSICIANS UNDER THE MEDICAID 
              PROGRAM.

    (a) In General.--Section 1905(a)(5)(A) of the Social Security Act 
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 
1861(r)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to services furnished on or after January 1, 2007.
                                 <all>
```
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR K

ENT COUNTY
STATE HUMAN RELATIONS : COMMISSION ex rel . BRENDA GREEN, : C.A. No: K13C-01-006 RBY : Plaintiff, : : v. : : MARY FIELD and

DELAWARE : COMMUNITY MANAGEMENT, LLC, : : Defend ants. :
Submitted: November 19, 2014 Decided : January 15

, 2015 Upon Consideration of Plaintiff’s Motion in Limine DENIED ORDER
Oliver J. Cleary, Esquire, Department of Justice, W ilmington, Delaware f

or Plaintiff. Michael P. Mo rton, Esqui re, Greenvill e, Delaware for Defend ants.

Young, J.State Human Rel. Comm. ex. rel. D r. Brenda G

reen v. Ma

ry Field, e

t. al. C.A. No.: K13C-01-006 RBY January 15, 2015

2 DECISION The fac ts and argu

ments presente d in this Moti on are identical to th ose presente d in the Moti on of Plain tiff Butl er. Ac cordingly , this Moti on is DENIED for the same reaso ns as stat ed in that Order made this same dat e and time. SO ORDERED this 15 th day of January , 2015.
/s/ Rober

t B. Young J. RBY /l mc oc: Prothonotary cc: Counsel Opinion Di stribution File
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE STATEMENTS FOR THE YEAR ENDED MARCH 31, 1996 AND AS OF
MARCH 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                  0000919601
<NAME> VENDALUX CORP
<MULTIPLIER>                    1
<CURRENCY>                      US dollars

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Mar-31-1996
<PERIOD-START>                                 Apr-01-1995
<PERIOD-END>                                   Mar-31-1996
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 59
<CURRENT-LIABILITIES>                          1,008
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1274
<OTHER-SE>                                     (2,223)
<TOTAL-LIABILITY-AND-EQUITY>                   59
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  214
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (214)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (214)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (214)
<EPS-BASIC>                                  (.00)
<EPS-DILUTED>                                  (.00)


</TABLE>
tp8kex10_1.htm


 


 


Exhibit 10.1


 


 



[LETTERHEAD OF METTLER-TOLEDO INTERNATIONAL INC.]




 



PERSONAL / CONFIDENTIAL


Mr. Robert F. Spoerry


Wängirain 43


8704 Herrliberg













	  	  
	
Date

	
  November 30, 2010


	
Reference

	
  PB/em


	
Direct Dial

	
  +41 44 9442285


	
Telefax

	
  +41 44 9442255

















Remuneration 2011







Dear Robert,







I herewith confirm your remuneration as Chairman for 2011 as follows:


 



	
1.

	
Fixed Salary of CHF 400’000.00 per annum; effective January 1, 2011, payable in twelve equal monthly installments of CHF 33’333.35. No participation in cash incentive plans.







 



	
2.

	
Your expense allowance is CHF 15'600.00 on a yearly base and will be paid out in monthly installments of CHF 1'300.00. We would like to recall adherence to the regulations contained in “Spesenreglementsergänzung Gruppenleitung” (edition of April 1997).







 



	
3.

	
The insured salary in the Mettler-Toledo Fonds is as follows:







 



	
·  

	
Retirement                            CHF 400’000.00








	
·  

	
Risk Coverage                      vested rights







 



	
4.

	
The insured salary in the additional accident insurance is CHF 999’999.00.







 



	
5.

	
The Notice Period is 3 months to the end of a month for both parties.







 


 


 












Yours sincerely,







/s/ Peter Bürker







Peter Bürker


Head Human Resources
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             986
<SECURITIES>                                         0
<RECEIVABLES>                                  100,152
<ALLOWANCES>                                         0
<INVENTORY>                                     47,626
<CURRENT-ASSETS>                               190,841
<PP&E>                                         869,456
<DEPRECIATION>                                 130,281
<TOTAL-ASSETS>                                 946,226
<CURRENT-LIABILITIES>                          164,853
<BONDS>                                        462,945
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           170
<OTHER-SE>                                     204,997
<TOTAL-LIABILITY-AND-EQUITY>                   946,226
<SALES>                                        183,348
<TOTAL-REVENUES>                               183,348
<CGS>                                          158,302
<TOTAL-COSTS>                                  158,302
<OTHER-EXPENSES>                                 1,347
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,172
<INCOME-PRETAX>                                 13,467
<INCOME-TAX>                                     5,386
<INCOME-CONTINUING>                              8,081
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,081
<EPS-BASIC>                                       0.47
<EPS-DILUTED>                                     0.47


</TABLE>
State of North Carolina v. John Thomas Patterson, Jr.

No. 424P15

Supreme Court of North Carolina.

June 9, 2016

Mark Montgomery, Attorney at Law, For Patterson, John Thomas (Jr.).

Catherine F. Jordan, Assistant Attorney General, Sarah Kirkman, District Attorney, For State of North Carolina.

**ORDER**

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 21st of December 2015 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is *33"Allowed by order of the Court in conference, this the 9th of June 2016."

Upon consideration of the petition filed on the 21st of December 2015 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, 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 9th of June 2016."
Exhibit 10.3.8.3

FIRST AMENDMENT  TO  EMPLOYMENT AGREEMENT  BY AND AMONG  WESTAFF SUPPORT, INC., WESTAFF, INC., AND DWIGHT S. PEDERSEN

The Employment Agreement effective as of January 14, 2002 by and among Westaff Support, Inc. (the "Company"), Westaff, Inc. ("Westaff"), and
Dwight S. Pedersen (the "Executive") is hereby amended as follows effective June 30, 2003:









---



|EXECUTIVE:                              |  |                                    
|--------------------------------------- |  | -----------------------------------
|/s/DWIGHT S. PEDERSENDwight S. Pedersen |  |                                    
|COMPANY:WESTAFF SUPPORT, INC.           |  |                                    
|By:                                     |  | /s/W. ROBERT STOVERW. Robert Stover
|Title:                                  |  | Chairman of the Board              
|WESTAFF:WESTAFF, INC.                   |  |                                    
|By:                                     |  | /s/W. ROBERT STOVERW. Robert Stover
|Title:                                  |  | Chairman of the Board              

---

EXHIBIT 1  TO  EMPLOYMENT AGREEMENT  BY AND AMONG  WESTAFF SUPPORT, INC., WESTAFF, INC., AND DWIGHT S. PEDERSEN

---

QuickLinks
Exhibit 11.1

<TABLE>
<CAPTION>
                                      COMPUTATION OF PER SHARE EARNINGS
                          (US dollars in thousands, except share and per share data)

                                                Year ended      Year ended   Two months ended   Year ended
                                                December 31,    December 31,    December 31,    October 31,
                                                  2000             1999            1998            1998
                                                  ----             ----            ----            ----

<S>                                             <C>             <C>             <C>             <C>
     Basic (loss) earnings per share:
          Net (loss) income                     $    (18,099)   $     17,055    $      5,819    $     51,256
                                                =============   ============    ============    ============
          Weighted average number of
             shares                               17,608,167      18,144,179      18,883,455      20,239,790
                                                ------------    ------------    ------------    ------------

          Net (loss) earnings per share         $      (1.03)   $       0.94    $       0.31    $       2.53
                                                =============   ============    ============    ============

     Diluted (loss) earnings per share:

          Net (loss) income                     $    (18,099)   $     17,055    $      5,819    $     51,256
                                                =============   ============    ============    ============

          Weighted average number of
             shares                               17,608,167      18,144,179      18,883,455      20,239,790
                                                ------------    ------------    ------------    ------------

          Assuming conversion of
             stock options under
             the employment agreement
             and Stock Option Plan                    --             835,170       1,211,034       1,248,574
                                                ------------    ------------    ------------    ------------

          Weighted average number of
             shares and dilutive
             potential common stock
             after considering
             effects of stock option              17,608,167      18,979,349      20,094,489      21,488,364
                                                ------------    ------------    ------------    ------------

          Net (loss) earnings per share and
             dilutive potential
             common stock                       $      (1.03)   $       0.90    $       0.29    $       2.39
                                                =============   ============    ============    ============
</TABLE>
Alexandra CURY, Plaintiff, v. David F. MITCHELL, Defendant.

No. COA15-1008.

Court of Appeals of North Carolina.

May 3, 2016.

**Case Reported Without Published Opinion**

Affirmed.
##### 



Exhibit 32-2

Certification by the Chief Financial
Officer

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 for the fiscal year ended January 26, 2004,
of CKE Restaurants, Inc. (the Company) as filed with
the Securities and Exchange Commission on the date hereof (the
Report), I, Theodore Abajian, Chief Financial
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, that:



| |                                                                                                                                                                                  
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | 1. The Report fully complies with the
    requirements of Section 13(a) or 15(d) of the Securities
    Exchange Act of 1934 (15 U.S.C. Section 78m(a) or
    Section 780(d)); and
|
| | 2. The information contained in the Report
    fairly presents, in all material respects, the financial
    condition and results of operations of the Company.                  

In witness whereof, the undersigned has executed
and delivered this certificate as of the date set forth opposite
his signature below.



| |                        
| | -----------------------
| | /s/ THEODORE ABAJIAN   
| | Theodore Abajian       
| | Chief Financial Officer

Date: April 7, 2004