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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-1018

KENNETH M. CASE,

Plaintiff - Appellant,

v.

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant - Appellee,

and

SOCIAL SECURITY ADMINISTRATIVE RECORD,

Party in Interest.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. Bruce H. Hendricks, Magistrate Judge.

(8:06-cv-02293-BHH)

Submitted: July 31, 2008 Decided: September 11, 2008

Before WILKINSON, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard J. Paul, Charleston, South Carolina, for Appellant. Kevin

F. McDonald, Acting United States Attorney, Marvin J. Caughman,

Assistant United States Attorney, Columbia, South Carolina; Robert

L. Van Saghi, Special Assistant United States Attorney, Deana R.

Ertl-Lombardi, Regional Chief Counsel, Yvette G. Keesee, Deputy
- 2 -

Regional Chief Counsel, Thomas S. Inman, Assistant Regional

Counsel, Denver, Colorado, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
*

The parties consented to the jurisdiction of the magistrate

judge in accordance with 28 U.S.C. § 636(c) (2000).

- 3 -

PER CURIAM:

Kenneth M. Case appeals the magistrate judge’s order

affirming the Commissioner’s decision to deny disability insurance

benefits and supplemental security income.*

 We must uphold the

decision to deny benefits if the decision is supported by

substantial evidence and the correct law was applied. See 42

U.S.C. § 405(g) (2000); Craig v. Chater, 76 F.3d 585, 589 (4th Cir.

1996). We have thoroughly reviewed the parties’ briefs,

administrative record, and the materials submitted in the joint

appendix, and find no reversible error. Accordingly, we affirm.

See Case v. Astrue, No. 8:06-cv-02293-BHH (D.S.C. Oct. 1, 2007).

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
<PAGE>

                                                                   EXHIBIT 11(a)



                                ELECTROSCOPE, INC.


                COMPUTATION OF NET INCOME (LOSS) PER COMMON SHARE

                            AND COMMON EQUIVALENT SHARE
                                   (UNAUDITED)



<TABLE>
<CAPTION>

                                                               For the Three Months Ended
                                                             -----------------------------
                                                             September 30,   September 30,
                                                                 1996             1995
                                                             ------------    -------------
<S>                                                           <C>              <C>
NET INCOME (LOSS)                                             $  (371,963)     $  (227,371)
                                                              -----------      -----------
                                                              -----------      -----------

SHARES USED IN SHARE COMPUTATION-
  Common stock shares outstanding (weighted average)            5,295,253        3,700,036


Treasury stock effect of common stock and
  equivalents issued within one year of the public
  offering at prices less than the public offering price            -               74,352
                                                              -----------      -----------
        Shares used in computation                              5,295,253        3,774,388
                                                              -----------      -----------
                                                              -----------      -----------

NET INCOME (LOSS) PER COMMON SHARE AND
  COMMON EQUIVALENT SHARE                                          $(0.07)          $(0.06)
                                                              -----------      -----------
                                                              -----------      -----------

</TABLE>


                                       20
# Waiving Prohibition on United States Military Assistance with Respect to Benin

# Memorandum for the Secretary of State

                    Consistent with the authority vested in me by section 2007 of the American Servicemembers' Protection Act of 2002 (the “Act”), title II of Public Law 107-206 (22 U.S.C. 7421*et seq*.), I hereby                 

                    You are authorized and directed to report this determination to the Congress and to arrange for its publication in the                     **Federal Register**                    .                

[FR Doc. 05-18741

Billing code 4710-10-P
Order entered January 7, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 12 - 01283 - CV IN THE INTEREST OF L .S.J., A CHILD On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF - 11 - 12980 - Z 

### O RDER The Court has before it the State of Texas’s January 2, 2013 unopposed motion to extend time to file brief. The Court GRANTS the motion and ORDERS the State to file its brief by February 4, 2013.

/s/ ELIZABETH LANG

- MIERS JUSTICE
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Third Chamber)

10 October 2007

Case F-107/06

**Michael Berrisford**

**v**

**Commission of the European Communities**

(Civil service – Officials – Promotion – Promotion year 2005 – Award of promotion points – General implementing provisions for Article 45 of the Staff Regulations)

**Application:**brought under Articles 236 EC and 152 EA, in which Mr Berrisford seeks, in particular, annulment of the decision not to include
his name in the list of officials promoted to A*13 in the 2005 promotion procedure, as published in Administrative Notice
No 85-2005 of 23 November 2005, together with an order for the Commission to pay him the sum of EUR 25 000 by way of damages.

**Held:**The decision not to include the applicant in the list of officials promoted to A*13 in the 2005 promotion procedure is annulled.
The remainder of the action is dismissed. The Commission is ordered to pay the costs.

**Summary**

*Officials – Promotion – Consideration of comparative merits*

Where the appointing authority considers the comparative merits of candidates for promotion pursuant to Article 45 of the
Staff Regulations, it must examine all the relevant factors in each application carefully and impartially.

The fact that an official has been put forward for promotion, unsuccessfully, in previous promotion procedures constitutes
a factor which must be taken into account. That fact is a relevant aspect of merit, provided that the official concerned has
not lost merit in the interim.

The fact that such factors must be taken into account is confirmed by the general implementing provisions adopted by the Commission
for Article 45 of the Staff Regulations, which provide that promotion must be awarded after comparison of individual merits
assessed over a period of time.

Failure to take into consideration previous proposals for promotion could also lead to different situations being treated
in the same way.

If it proved that the criteria adopted by the Promotion Committee for awarding promotion points prevented that particular
aspect of the merits from being taken into account, it would be the duty of the appointing authority, which is required to
comply with the rules on entitlement to advance to a higher level, to refrain from applying those criteria.

(see paras 67-68, 71-76, 103)

See:

C-269/90 *Technische Universität München* [1991] ECR I‐5469, para. 14

T-169/89 *Frederiksen* v *Parliament* [1991] ECR II‐1403, para. 69; T-30/04 *Sena* v *EASA* [2005] ECR-SC I‐A‐113 and II‐519, para. 80; T-132/03 *Casini* v *Commission* [2005] ECR-SC I‐A‐253 and II‐1169, para. 69; T-432/04 *Parlante* v *Commission* [2007] ECR-SC I-A-2-0000 and II-A-2-0000, para. 97
# C_2023296EN.01004001.xml

| 21.8.2023 | EN | Official Journal of the European Union | C 296/40 |
| --- | --- | --- | --- |

21.8.2023

EN

Official Journal of the European Union

C 296/40

---

Action brought on 4 July 2023 — Société des produits Nestlé v EUIPO — Amigüitos pets & life (THE ONLY ONE by alphaspirit wild and perfect)

(Case T-359/23)

(2023/C 296/45)

Language in which the application was lodged: English

Parties

Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz and C. Elkemann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Amigüitos pets & life, SA (Lorca, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union trade mark THE ONLY ONE by alphaspirit wild and perfect in colours white, red and black — Application for registration No 15 385 719

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 March 2023 in Case R 424/2020-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the EUIPO to pay the costs of the proceeding before the General Court and order the potential intervener (Amigüitos pets and life, SA) to pay the costs before the EUIPO. |
| --- | --- |

—

order the EUIPO to pay the costs of the proceeding before the General Court and order the potential intervener (Amigüitos pets and life, SA) to pay the costs before the EUIPO.

Pleas in law

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(5) of Regulation (EC) No 207/2009 of the Council; |
| --- | --- |

—

Infringement of Article 8(5) of Regulation (EC) No 207/2009 of the Council;

| — | Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of the Council;

| — | Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
State of North Carolina v. Bobby Lay Britt, Jr.

No. 16-99

Court of Appeals of North Carolina.

Filed: September 6, 2016

NO ERROR.
* 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. 07-60831

JAMES SULLIVAN

Plaintiff - Appellant

v.

BOYD TUNICA INC, doing business as Sam’s Town Casino Tunica;

MISSISSIPPI GAMING COMMISSION; WILLIAM ANDERSON,

Individually and in his capacity as a Mississippi Gaming

Official; PAT HAWKINS, Individually and in his capacity as a

Mississippi Gaming Official; FAYE PERKINS

Defendants - Appellees

Appeal from the United States District Court

for the Northern District of Mississippi

Before BARKSDALE, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

We find thatthe district court committed no reversible error and affirm on

the basis of the district court opinion. See 5th Cir. R. 47.6.

United States Court of Appeals

Fifth Circuit

F I L E D

September 9, 2008

Charles R. Fulbruge III

Clerk
State of North Carolina v. Willie James Steele, Jr.

No. 234P16

Supreme Court of North Carolina.

August 18, 2016

John R. Mills, Attorney at Law, for Steele, Willie James (Jr.).

June S. Ferrell, Special Deputy Attorney General, R. Andrew Murray, District Attorney, for State of North Carolina.

*508***ORDER***

Upon consideration of the petition filed on the 21st of June 2016 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 18th of August 2016."
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 645 Reported in Senate (RS)]

                                                       Calendar No. 356
110th CONGRESS
  1st Session
                                 S. 645

                          [Report No. 110-158]

 To amend the Energy Policy Act of 2005 to provide an alternate sulfur 
   dioxide removal measurement for certain coal gasification project 
                                 goals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2007

  Mr. Thomas (for himself, Mr. Bennett, Mr. Bingaman, Mr. Conrad, Mr. 
Craig, Mr. Crapo, Mr. Domenici, Mr. Enzi, Mr. Hagel, Ms. Murkowski, Mr. 
   Salazar, Mr. Hatch, Mr. Coleman, and Mr. Barrasso) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 17, 2007

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 A BILL

 
 To amend the Energy Policy Act of 2005 to provide an alternate sulfur 
   dioxide removal measurement for certain coal gasification project 
                                 goals.

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

SECTION 1. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.

    Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 
U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and 
inserting the following:
                                    ``(I)(aa) to remove at least 99 
                                percent of sulfur dioxide; or
                                    ``(bb) to emit not more than 0.04 
                                pound SO<INF>2</INF> per million Btu, 
                                based on a 30-day average;''.
                                                       Calendar No. 356

110th CONGRESS

  1st Session

                                 S. 645

                          [Report No. 110-158]

_______________________________________________________________________

                                 A BILL

 To amend the Energy Policy Act of 2005 to provide an alternate sulfur 
   dioxide removal measurement for certain coal gasification project 
                                 goals.

_______________________________________________________________________

                           February 17, 2007

                       Reported without amendment
```
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```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3713 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3713

 To amend the Trademark Act of 1946 to provide for the registration of 
marks consisting of a flag, coat of arms, or other official insignia of 
 the United States or of any State or local government, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

    Mr. Jeffries (for himself and Mr. Poe of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Trademark Act of 1946 to provide for the registration of 
marks consisting of a flag, coat of arms, or other official insignia of 
 the United States or of any State or local government, and for other 
                               purposes.

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

SECTION 1. REGISTRATION OF CERTAIN MARKS OF THE UNITED STATES AND STATE 
              AND LOCAL GOVERNMENTS.

    Section 2(b) of the Act entitled ``An Act to provide for the 
registration and protection of trademarks used in commerce, to carry 
out the provisions of certain international conventions, and for other 
purposes'', approved July 6, 1946 (commonly referred to as the 
``Trademark Act of 1946''; 15 U.S.C. 1052(b)) is amended by inserting 
after ``simulation thereof'' the following: ``, except that this 
subsection shall not prevent the United States, or any State, 
municipality, county, political subdivision, or other governmental 
authority in the United States, from obtaining registration under this 
Act of any mark that consists of or comprises its own flag, coat of 
arms, or other official insignia''.
                                 <all>
```
Exhibit 23

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the
Registration Statements (Form S-3 No. 333-150150 and Form S-8 No. 333-150129) of our report dated March 30, 2009, with respect to the consolidated financial statements of DARA BioSciences, Inc. included in this Annual Report (Form
10-K) for the year ended December 31, 2008.



| |  |  |  |  |  |  |  |                      
| |  |  |  |  |  |  |  | ---------------------
| |  |  |  | 
| |  |  |  |  |  |  |  | /s/ Ernst & Young LLP
| |  |  |  |  |  |  |  | Ernst & Young LLP    

Raleigh, North Carolina

March 30, 2009
1618.

#### Hankinson *v.*The State.

Accusation of impersonating officer, from city court of Waynesboro — Judge Johnston. December 19, 1908.

Submitted January 26,

Decided February 9, 1909.

*H. J. FulTbright, Q. B. Garlick,*for plaintiff in error.

*F. 8. Burney, solicitor,*contra.

Hill, C. J.

1. Assignments of error not insisted upon in the brief or in. the argument will be treated as having been abandoned.

2. No material error appears, and the verdict is fully supported by the' evidence. *Judgment 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 Health and Human Resources

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of General Medical Sciences Special Emphasis Panel, Large Scale Centers for the Protein Structure Initiative.                    

*Date:*                         February 21-23, 2005.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814.                    

*Contact Person:*                         C Craig Hyde, PhD, Scientific Review Administrator, Office of Scientific Review, National Institute of                               ( print page 5194)                            General Medical Sciences, National Institutes of Health, Building 45, Room 3AN18, Bethesda, MD 20892, 301-435-3825,                         *ch2v@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers, 93.96, Special Minority Initiatives, National Institutes of Health, HHS)

Dated: January 25, 2005.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-1826  Filed 1-31-05; 8:45 am]

BILLING CODE 4140-01-M
State v. Jamison Christopher Goins

273A16-1

Supreme Court of North Carolina.

July 22, 2016

Shawn Robert Evans, Attorney at Law, J. Douglas Henderson, District Attorney, for State of North Carolina.

Andrew Nelson, for Goins, Jamison Christopher.

The following order has been entered on the motion filed on the 22nd of July 2016 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 22nd of July 2016."
STATE v. Napoleon Junior RANKIN.

No. 40P15-4.

Supreme Court of North Carolina.

Nov. 5, 2015.

Catherine F. Jordan, Assistant Attorney General, for State of North Carolina.

Napoleon J. Rankin, Lumberton, for Rankins, Napoleon Junior.

J. Douglas Henderson, District Attorney, for State of North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 21st of September 2015 by Defendant for Appeal of Judgments:

> "Motion Dismissed by order of the Court in conference, this the 5th of November 2015."