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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 17, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-14360

________________________

D. C. Docket No. 05-00068 CV-T-23-EAJ

JOSEPH M. WILLIAMS, Esquire, as 

Administrator Ad Litem of the Estate of Paul Mosley, Jr.,

Plaintiff,

versus

FLORIDA HEALTH SCIENCES CENTER, INC.,

d.b.a. Tampa General Hospital,

Defendant-Apellee,

NATHANIEL W. TINDALL, II,

Movant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(September 17, 2008)

Before ANDERSON, BARKETT and HILL, Circuit Judges.

PER CURIAM:
2

After careful consideration, we conclude that the judgment of the district

court is due to be affirmed for the reasons stated in the district court’s August 14,

2007, order, Doc. 140. We agree with the district court that Tindall waived review

of the merits of the sanctions order by failing to timely object to the magistrate’s

order. In this regard, we note that plaintiff has conceded that the magistrate’s order

was a nondispositive order governed by Fed.R.Civ.P. 72(a). Even if the merits are

reviewed, we agree with the district court that Tindall’s challenges to the sanctions

order are without merit. We agree with the district court that the 2005 federal suit

was clearly barred by res judicata on account of the judgment in the 2005 state suit. 

We agree with the district court that there are no non-frivolous arguments against

this res judicata holding. The sole recourse from the judgment in the 2005 state

court suit would have been an appeal thereof. 

Accordingly, the judgment of the district court is 

AFFIRMED.
# CE2004078EN.01080201.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/802 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/802

---

(2004/C 78 E/0851)

WRITTEN QUESTION E-3318/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 November 2003)

Subject:   Issuing of EUR 1 banknotes

Subject:

In its answer to my question No E-2628/02 (1), the Commission states that The possibility of EUR 1 or EUR 2 notes has no real support anywhere other than in Greece and Italy and comes up against strong opposition in some countries'. The recent meeting (7 October 2003) of the eurozone Ministers for Economic Affairs and Finance at the European Central Bank discussed speeding up the process of introducing a EUR 1 banknote.

1

Can the Commission specify the date on which EUR 1 banknotes will be issued?

Answer given by Mr Solbes Mira on behalf of the Commission

(17 December 2003)

(17 December 2003)

According to Article 106(1) of the EC Treaty the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes. Decisions on banknote denominations are therefore the responsibility of the ECB.

The Governing Council of the ECB decided on 24 April 2003 to put on hold the decision on the use of very low-denomination banknotes on the following grounds:

| — | a change in the denominational structure of the banknotes and coins shortly after the cash changeover is not advisable in view of the significant adaptation costs economic agents had to bear due to the cash changeover in 2002; |
| --- | --- |

—

a change in the denominational structure of the banknotes and coins shortly after the cash changeover is not advisable in view of the significant adaptation costs economic agents had to bear due to the cash changeover in 2002;

| — | the Eurosystem acknowledges the existence of some public support for the introduction of low-denomination euro banknotes, although limited, at this stage; |
| --- | --- |

—

the Eurosystem acknowledges the existence of some public support for the introduction of low-denomination euro banknotes, although limited, at this stage;

| — | the issuance of very low-denomination euro banknotes should be considered only after a few years when more experience on the use of euro banknotes and coins is available. |
| --- | --- |

—

the issuance of very low-denomination euro banknotes should be considered only after a few years when more experience on the use of euro banknotes and coins is available.

If a low-denomination banknote were issued, this would imply a parallel circulation between the same coin and banknote denomination. The ECB will reconsider this subject in autumn 2004.

---

(1)  OJ C 161 E, 10.7.2003, p. 30.

1

---
**Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM (suchen.de)**

**(Case T-117/06)**

(Community trade mark – Application for the Community word mark suchen.de –

Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 30, 32-33, 37-38)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | DeTeMedien Deutsche Telekom Medien GmbH |
| Community trade mark sought: | Word mark suchen.de for goods and services in Classes 9, 16, 35, 36, 38 and 42 – Application No 3915329 |
| Decision of the Examiner: | Registration partially refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs. |
STATE v. Juan Carlos BENITEZ.

No. 24PA15-1.

Supreme Court of North Carolina.

Aug. 20, 2015.

Anne M. Gomez, Assistant Appellate Defender, for Benitez, Juan Carlos.

Staples S. Hughes, Durham.

Amy Kunstling Irene, Assistant Attorney General, for State of North Carolina.

Vernon K. Stewart, District Attorney, for State of North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 15th of June 2015 by Defendant to Take Judicial Notice:

> "Motion Allowed by order of the Court in conference, this the 20th of August 2015."
<PAGE>

EXHIBIT 99


April 25, 2002


United States Securities and Exchange Commission
450 Fifth Street, N.W.
Judiciary Plaza
Washington, D.C.  20549

Dear Ladies and Gentlemen:

The Company has received a letter from Arthur Andersen LLP dated April 25, 2002
representing that the audit was subject to their quality control systems for the
U.S. accounting and auditing practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards, that there
was appropriate continuity for Arthur Andersen LLP personnel working on the
audit and availability of national office consultation. The availability of
personnel at foreign affiliates of Arthur Andersen LLP is not relevant to this
audit.

Sincerely,

Jos. A. Bank Clothiers, Inc.

By:   /s/ Richard E. Pitts
    ------------------------
           Treasurer
<PAGE>
                                                                    EXHIBIT 99.1
               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 on Form 10-Q of Applix, Inc. (the
"Company") for the period ended June 30, 2002 as originally filed with the
Securities and Exchange Commission on August 14, 2002 and as amended on the
date hereof (the "Report"), the undersigned, David C. Mahoney, Chief Executive
Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350,
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.

                                   /s/ David C. Mahoney
                                   -----------------------
Dated: March 31, 2003              David C. Mahoney
                                   Chief Executive Officer





A signed original of this written statement required by Section 906 has been
provided to Applix, Inc. and will be retained by Applix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
Jeffrey Bradford ELTRINGHAM, Plaintiff v. Michelle ROSE [Now Allen], Defendant v. James Shawn Allen, Third-Party Defendant.

No. COA15-662.

Court of Appeals of North Carolina.

May 17, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Dismissed.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 16, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 06-11003

________________________

D. C. Docket No. 04-00534 CR-T-26MSS

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

STEVEN LORENZO,

a.k.a, DomDudeForSub, 

a.k.a. Constrman,

a.k.a. TpaAntonio,

a.k.a. CobblestoneHome,

a.k.a. TmpaBlues,

a.k.a. Anthony,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(September 16, 2008)

Before ANDERSON, BARKETT and HILL, Circuit Judges.

PER CURIAM:
2

After oral argument and careful consideration, we readily conclude that the

judgment of the district court is due to be affirmed, both as to defendant’s

conviction and sentence. Defendant’s interstate commerce argument is foreclosed

by precedent; moreover, the evidence indicates that defendant obtained the drugs

via the internet and the United States mail. There was ample evidence to support

the jury’s verdict of conviction on all counts. The district court did not plainly err

in considering the hearsay testimony concerning Schweickert’s statements at

sentencing. Defendant’s other arguments on appeal are also wholly without merit,

and are rejected without need for further discussion. 

AFFIRMED.
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.                  

###### Department of Commerce

###### International Trade Administration 

# AGENCY:

International Trade Administration, U.S. Department of Commerce. 

# ACTION:

Notice of public meeting. 

# SUMMARY:

                        The Manufacturing Council will hold a full Council meeting to discuss topics related to the state of manufacturing. The Manufacturing Council is a Secretarial Board at the Department of Commerce, established to ensure regular communication between Government and the manufacturing sector. This will be the fourth meeting of The Manufacturing Council and will include updates by the Council's three subcommittees. For information about the Council, please visit the Manufacturing Council Web site at:                         *http://www.manufacturing.gov/​council.*

# DATES:

September 27, 2005. 

*Time:*                         9:45 a.m.                     

# ADDRESSES:

Gateway Building, 200 NE., Water Street, Peoria, Illinois 61602. This program is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be submitted no later than September 19, 2005, to The Manufacturing Council, Room 4043, Washington, DC 20230. 

# FOR FURTHER INFORMATION CONTACT:

                        The Manufacturing Council Executive Secretariat, Room 4043, Washington, DC 20230 (Phone: 202-482-1369). Interested parties are encouraged to visit The Manufacturing Council Web site (                        *http://www.manufacturing.gov/​council*) for the most up-to-date information about the meeting and the Council.                     

Dated: September 8, 2005. 

Sam Giller, 

Executive Secretary, The Manufacturing Council. 

[FR Doc. 05-18162 Filed 9-12-05; 8:45 am] 

BILLING CODE 3510-DR-P
# C_2009256EN.01002602.xml

| 24.10.2009 | EN | Official Journal of the European Union | C 256/26 |
| --- | --- | --- | --- |

24.10.2009

EN

Official Journal of the European Union

C 256/26

---

Order of the Court of First Instance of 4 September 2009 — Inalca and Cremonini v Commission

(Case T-174/06) (1)

1

(Non-contractual liability - OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan - Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings - National decision to recover the refunds - Provision of Guarantees - Action for damages - Limitation period - Continuing nature of the harm - Partial inadmissibility - Causation)

2009/C 256/48

Language of the case: Italian

Parties

Parties

Applicant: Inalca SpA — Industria Alimentaria Carni (Castelvetro, Italy) and Cremonini SpA (Castelvetro) (represented by: F. Sciandone and C. D’Andria, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: M. Nolin and V. Di Bucci, Agents)

Defendant:

Re:

Re:

Action for non-contractual damages seeking compensation for loss allegedly suffered by the applicants as a result of the communication to the Italian authorities of the findings of an investigation conducted by the European Anti-Fraud Office (OLAF), implicating the applicants, to ascertain whether certain refunds for beef and veal exported to Jordan were lawful.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Inalca SpA — Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs. |
| --- | --- |

2.

Inalca SpA — Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs.

---

(1)  OJ C 190, 12.8.2006.

1

---
**Exhibit 32.2**

 

**Certification Pursuant to Section 1350 of Chapter 63**

**of Title 18 of the United States Code**

 

I, Christa C. Leonard,hereby certify, pursuant to 18 U.S.C § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, in my capacity as an officer of Westaff, Inc.(the “Company”), that, to the best of my knowledge;

 

(1)                                  The QuarterlyReport of the Company on Form 10-Q/A for the period ended July 12,2008 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

Date:       August 26, 2008

 

 
| /s/ Christa C. Leonard                             |   |
|----------------------------------------------------|--------|
| Christa C. Leonard                                 |   |
| Westaff, Inc.                                 |   |
| Senior  Vice President and Chief Financial Officer |   |
| (Principal  Financial Officer)                     |   |

 

Asigned original of this written statement required by § 906 has been providedto Westaff, Inc. and will be retained by Westaff, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18692]


=======================================================================
-----------------------------------------------------------------------

FEDERAL HOUSING FINANCE BOARD


Sunshine Act Meeting Notice: Addition of Agenda Item

Federal Register Citation of Previous Announcement: 70 FR 53796, 
September 12, 2005.

Addition of Agenda Item: The Board of Directors determined that agency 
business required the addition on less than seven days notice and that 
no earlier notice was practicable of the following item to the open 
portion of the meeting held on September 14, 2005:
    Expedited Regulatory Relief to Support Victims of Hurricane 
Katrina. The Board of Directors will consider a resolution that would 
extend any regulatory relief granted to an individual Federal Home Loan 
Bank for purposes of assisting victims of Hurricane Katrina to any or 
all of the other Banks, so that the members of other Banks also may 
provide housing and financial assistance to victims of Hurricane 
Katrina throughout the country.

FOR FURTHER INFORMATION CONTACT: Shelia Willis, Paralegal Specialist, 
Office of General Counsel, at (202) 408-2876 or <a href="/cdn-cgi/l/email-protection#7007191c1c19030330161816125e171f06"><span class="__cf_email__" data-cfemail="64130d08080d171724020c02064a030b12">[email protected]</span></a>.

    Dated: September 14, 2005.

    By the Federal Housing Finance Board.
John P. Kennedy,
General Counsel.
[FR Doc. 05-18692 Filed 9-15-05; 12:22 pm]
BILLING CODE 6725-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
IN THE MISSOURI COURT OF APPEALS

HANDDOWN LIST OF AUGUST 19 , 2014

WESTERN DISTRICT

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b)

AND ISSUED PER CURIAM



### ------------------------------------------------------------------

WD75961 Preston K. Wat ts vs. State of Missouri

WD76936 James G. Davies vs. Beatrice W. Harris

- Davies

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 30.25(b)

AND ISSUED PER CURIAM



### ---------------------------------------------------------------- --

WD76350 State of Missour i vs. Johnny Rucker
# C_2011226EN.01002101.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/21 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/21

---

Judgment of the General Court of 16 June 2011 — FMC Foret v Commission

(Case T-191/06) (1)

1

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Presumption of innocence - Rights of the defence - Fines - Attenuating circumstances)

2011/C 226/39

Language of the case: English

Parties

Parties

Applicant: FMC Foret, SA (Barcelona, Spain) (represented by: M. Seimetz, lawyer, and C. Stanbrook QC)

Applicant:

Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)

Defendant:

Re:

Re:

Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) and, in the alternative, a reduction of the fine imposed on the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders FMC Foret SA to pay the costs. |
| --- | --- |

2.

Orders FMC Foret SA to pay the costs.

---

(1)  OJ C 212, 2.9.2006.

1

---
In the Matter of: J.J.

No. COA16-225

Court of Appeals of North Carolina.

Filed: October 18, 2016

AFFIRMED.
* 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. 07-30925

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

MARION CATALANO

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:06-CR-60079-1

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

Marion Catalano appeals his sentence following his guilty plea conviction

for possession of child pornography. He argues that, in light of Gall v. United

States, 128 S. Ct. 586 (2007), the district court committed procedural error in

sentencing him when it refused to consider important factors under 18 U.S.C.

§ 3553(a) regarding his health and need for psychological treatment. He argues

thatthe district court relied on case law of this courtthatlikely has not survived

United States Court of Appeals

Fifth Circuit

F I L E D

September 10, 2008

Charles R. Fulbruge III

Clerk
No. 07-30925

2

Gall and that such case law had a “chilling effect” on the district court

concerning the appropriate weight to give to his mitigating circumstances.

A review of the record indicates that the district court did not refuse to

consider Catalano’s health conditions in sentencing him. Immediately before

and after pronouncing Catalano’s sentence, the district court explicitly stated

that it took into account his health issues. There is no indication in the record

of any chilling effect concerning the weight accorded Catalano’s mitigating

circumstances.

Accordingly, the judgment of the district court is AFFIRMED.
In the Matter of C.D.L.

No. COA15-1176.

Court of Appeals of North Carolina.

May 17, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
STATE of North Carolina, v. Willie Hubert DUBOISE, Defendant.

No. COA 15-852.

Court of Appeals of North Carolina.

Jan. 19, 2016.

**Case Reported Without Published Opinion**

No Error.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3879 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3879

        To make permanent the Payments in Lieu of Taxes program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2014

 Mrs. Kirkpatrick (for herself, Mr. Polis, Mr. Garcia, and Mr. Enyart) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
        To make permanent the Payments in Lieu of Taxes program.

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

SECTION 1. PAYMENTS IN LIEU OF TAXES.

    Section 6906 of title 31, United States Code, is amended by 
striking ``of fiscal years 2008 through 2013'' and inserting ``fiscal 
year''.
                                 <all>
```