alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008092EN.01000501.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/5 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/5

---

Judgment of the Court (Third Chamber) of 21 February 2008 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Telecom Italia SpA v Ministero dell'Economia e delle Finanze, Ministero delle Comunicazioni

(Case C-296/06) (1)

1

(Telecommunications services - Directive 97/13/EC - Articles 6, 11, 22 and 25 - Fees and charges for general authorisations and individual licences - Obligation on former holders of exclusive rights - Temporary continuation)

(2008/C 92/07)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale del Lazio

Parties to the main proceedings

Applicant: Telecom Italia SpA

Applicant:

Defendants: Ministero dell'Economia e delle Finanze, Ministero delle Comunicazioni

Defendants:

Re:

Reference for a preliminary ruling — Tribunale amministrativo regionale del Lazio — Interpretation of Articles 11, 22 and 25 of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (OJ 1997 L 117, p. 15) — Whether it is possible to impose fees and charges other than those permitted by the directive

Operative part of the judgment

Articles 6, 11, 22 and 25 of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services preclude a Member State from requiring an operator, formerly the holder of an exclusive right to provide public telecommunications services and then the holder of a general authorisation, to pay a pecuniary charge such as the charge in the main proceedings, corresponding to the amount previously demanded for that exclusive right, for one year from the final date laid down for transposition of that directive into national law, namely 31 December 1998.

---

(1)  OJ C 224, 16.9.2006.

1

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM EDISON
MISSION ENERGY AND SUBSIDIARIES FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         684,156
<SECURITIES>                                         0
<RECEIVABLES>                                  256,046
<ALLOWANCES>                                     1,126
<INVENTORY>                                    323,442
<CURRENT-ASSETS>                             1,299,678
<PP&E>                                      12,367,928
<DEPRECIATION>                                 490,309
<TOTAL-ASSETS>                              15,633,124
<CURRENT-LIABILITIES>                        1,943,435
<BONDS>                                      7,365,372
<PREFERRED-MANDATORY>                          348,360
<PREFERRED>                                    118,054
<COMMON>                                        64,130
<OTHER-SE>                                   2,926,149
<TOTAL-LIABILITY-AND-EQUITY>                15,633,124
<SALES>                                              0
<TOTAL-REVENUES>                               701,573
<CGS>                                                0
<TOTAL-COSTS>                                  472,242
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             181,078
<INCOME-PRETAX>                               (45,352)
<INCOME-TAX>                                  (15,191)
<INCOME-CONTINUING>                           (30,161)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                       17,690
<NET-INCOME>                                  (12,471)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Housing Finance Board

# 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                         *williss@fhfb.gov.*

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
Exhibit 11.1

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

                                                                     Year Ended October 31,
                                                       ------------------------------------------------
                                                          1998                1997             1996
                                                       ---------------    ------------    -------------
<S>                                                    <C>                <C>             <C>

Basic earnings per share:
   Net income                                          $       51,256     $     29,586    $       1,494
                                                       ==============     ============    =============
   
   Weighted average number of
      shares outstanding                                   20,239,790       20,761,020       21,439,452
                                                       ---------------    ------------    -------------

   Net earnings per share                              $         2.53     $       1.43    $        0.07
                                                       ==============     ============    =============

Diluted earnings per share:

   Net income                                          $       51,256     $     29,586    $       1,494
                                                       ==============     ============    =============

   Weighted average number of
      shares outstanding                                   20,239,790       20,761,020       21,439,452

   Assuming conversion of stock options
      under the employment agreement
      and Stock Option Plan                                 1,248,574          874,906            N/A
                                                       ---------------    ------------    -------------

   Weighted average number of
      shares and dilutive potential common stock
      outstanding after considering
      effects of stock option                              21,488,364       21,635,926       21,439,452
                                                       ---------------    ------------    -------------

   Net earnings per share and dilutive potential
      common stock                                     $         2.39     $       1.37    $        0.07
                                                       ==============     ============    =============

</TABLE>
# C_2008051EN.01001301.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 51/13 |
| --- | --- | --- | --- |

23.2.2008

EN

Official Journal of the European Union

C 51/13

---

Judgment of the Court (Second Chamber) of 18 December 2007 — Roderich Weißenfels v European Parliament

(Case C-135/06 P) (1)

1

(Appeal - Remuneration - Dependent child allowance - Deduction of the amount of an allowance of like nature paid from other sources - Unlimited jurisdiction - Disputes of a financial character)

(2008/C 51/20)

Language of the case: German

Parties

Appellant: Roderich Weißenfels (represented by: G. Maximini, Rechtsanwalt)

Appellant:

Other party to the proceedings: European Parliament (represented by: L.G. Knudsen, M. Ecker and U. Rösslein, Agents)

Other party to the proceedings:

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 25 January 2006 in Case T-33/04 Roderich Weißenfels v Parliament, whereby the Court of First Instance dismissed the appellant's application for annulment of the decision of the Parliament of 26 June 2003 deducting from the sum of the double dependent child allowance, granted to the appellant under Article 67(3) of the Staff Regulations of officials of the European Communities, the amount of an allowance of like nature received from another source — Conditions for the application of the rule against overlapping referred to in Article 67(2) of the Staff Regulations — meaning of ‘allowances of like nature’

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 25 January 2006 in Case T-33/04 Roderich Weißenfels v European Parliament. |
| --- | --- |

1.

Sets aside the judgment of the Court of First Instance of the European Communities of 25 January 2006 in Case T-33/04 Roderich Weißenfels v European Parliament.

| 2. | Annuls the decisions of the European Parliament of 26 June 2003 and 28 April 2004. |
| --- | --- |

2.

Annuls the decisions of the European Parliament of 26 June 2003 and 28 April 2004.

| 3. | Orders the European Parliament to pay to Mr Weißenfels the arrears of dependent child allowances which he should have received as from 1 July 2003, together with interest at the statutory rate. |
| --- | --- |

3.

Orders the European Parliament to pay to Mr Weißenfels the arrears of dependent child allowances which he should have received as from 1 July 2003, together with interest at the statutory rate.

| 4. | Orders the European Parliament to bear its own costs and to pay the costs incurred by Mr Weißenfels before the Court of First Instance of the European Communities and the Court of Justice of the European Communties. |
| --- | --- |

4.

Orders the European Parliament to bear its own costs and to pay the costs incurred by Mr Weißenfels before the Court of First Instance of the European Communities and the Court of Justice of the European Communties.

---

(1)  OJ C 108, 6.5.2006.

1

---
Exhibit 99.14

CONSENT OF ERIC CHEN

Reference is made to the Annual Report on Form 40-F and the documents incorporated by reference therein (the 40-F) of Goldcorp Inc. (the Company) for the fiscal year ended
December 31, 2011, and any amendments thereto, to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as amended, and the Annual Information Form (the
AIF) and Managements Discussion and Analysis (MD&A) of the Company for the year then ended, which are filed as exhibits to and incorporated by reference in the 40-F.

I hereby consent to the references to, and the information derived from, the following report(s) and to the references, as applicable, to
my name in connection with (including, as an expert or qualified person) the following report(s) and/or documents:



| | 1. | The technical report that has an effective date of January 26, 2012, entitled Éléonore Gold Project Quebec, Canada NI 43-101 Technical
Report (the Éléonore Report); and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The 40-F, the MD&A and the AIF, which include references in connection with information relating to the Éléonore Report and the Éléonore
Project, and the properties described therein.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I also hereby consent to the incorporation by reference of such
information contained in the 40-F, the MD&A and the AIF into Registration Statement Nos. 333-126038, 333-126039, 333-126040, 333-138760, 333-151243, 333-151251 and 333-174376 on Form S-8 of the Company.

Date: March 30, 2012

/s/ Eric ChenName: Eric Chen, P. Geo.
# C_2009006EN.01000301.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/3 |
| --- | --- | --- | --- |

10.1.2009

EN

Official Journal of the European Union

C 6/3

---

Judgment of the Court (Second Chamber) of 20 November 2008 — Heuschen & Schrouff Oriëntal Foods Trading BV v Commission of the European Communities

(Case C-38/07 P) (1)

1

(Appeal - Remission of import duties - Commission decision - Article 239 of the Customs Code - Existence of a special situation - Absence of deception - Obvious negligence on the part of the importer)

(2009/C 6/04)

Language of the case: Dutch

Parties

Appellant: Heuschen & Schrouff Oriëntal Foods Trading BV (represented by: H. de Bie, advocaat)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, acting as Agent, assisted by F. Tuytschaever, advocaat)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 30 November 2006 in Case T-382/04 Heuschen & Schrouff Oriëntal Foods v Commission, by which the Court of First Instance dismissed an application for annulment of Commission Decision REM 19/2002 of 17 June 2004 finding that remission of import duties was not justified in a particular case

Heuschen & Schrouff Oriëntal Foods

Commission

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Heuschen & Schrouff Oriëntal Foods Trading BV to pay the costs. |
| --- | --- |

2.

Orders Heuschen & Schrouff Oriëntal Foods Trading BV to pay the costs.

---

(1)  OJ C 82, 14.4.2007.

1

---
STATE v. Mario Andrette McNEILL.

No. 446A13-1.

Supreme Court of North Carolina.

Feb. 9, 2016.

Benjamin Dowling-Sendor, Assistant Appellate Defender, for McNeill, Mario Andrette.

Andrew DeSimone, Assistant Appellate Defender, for McNeill, Mario Andrette.

Robert C. Montgomery, Special Deputy Attorney General, for State of North Carolina.

William West, District Attorney, for State of North Carolina.

G. Glenn Gerding, Attorney at Law, for McNeill, Mario Andrette.

William R. West, District Attorney, for State of North Carolina**.**

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 8th of February 2016 by Defendant:

> "Motion Allowed by order of the Court in conference, this the 9th of February 2016."

Defendant shall have up to and including the 30th day of March 2016 to file and serve his/her brief with this Court.
In the Matter of V.D.

No. COA15-226.

Court of Appeals of North Carolina.

Aug. 18, 2015.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 32.2**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

 

AS ADOPTED PURSUANT TO

 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

         In connection withthe Quarterly Report on Form 10-Q of LIN Television Corporation.for the three months ended September 30, 2008 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), the undersigned,Vincent L. Sadusky, President and Chief Executive Officer of the Company, andRichard J. Schmaeling, Senior Vice President and Chief Financial Officer,hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

 

         (1) The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

         (2) The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

 

| Dated:  October 31, 2008 |   | /s/  Vincent L. Sadusky                            |
|-------------------------------|--------|----------------------------------------------------|
|                          |   | Vincent  L. Sadusky                                |
|                          |   | President  and Chief Executive Officer             |
|                          |   |                                               |
|                          |   |                                               |
| Dated:  October 31, 2008 |   | /s/ Richard J. Schmaeling                          |
|                          |   | Richard  J. Schmaeling                             |
|                          |   | Senior  Vice President and Chief Financial Officer |

 

----
exv10w2







	 	 	 	 	 



Exhibit 10.2




REAFFIRMATION OF GUARANTY





     Bob Evans Farms, Inc., a Delaware corporation (“Guarantor”), hereby: (i) consents to
the execution of the Line of Credit Note in the principal amount of $45,000,000, dated December 1,
2010 (the “Note”), by Bob Evans Farms, Inc., an Ohio corporation (“Borrower”),
payable to the order of JPMorgan Chase Bank, N.A. (“Bank”); (ii) ratifies and reaffirms the
Continuing Guaranty, dated September 30, 2008 (the “Guaranty”), made by Guarantor in favor
of Bank, which includes the guaranty of amounts payable under the Note and with respect to letters
of credit issued by Bank for the account of Borrower; (iii) acknowledges and agrees that Guarantor
is not released from its obligations under the Guaranty by reason of the Note, (iv) represents and
warrants that there are no defenses, offsets or counterclaims to the Guaranty; and (v) represents
and warrants that there are no defaults by the Guarantor under the provisions of the Guaranty.



     This Reaffirmation of Guaranty shall not be construed, by implication or otherwise, as
imposing any requirement that Bank notify or seek the consent of Guarantor relative to any past or
future extension of credit, or modification, extension or other action with respect thereto, in
order for any such extension of credit or modification, extension or other action with respect
thereto to be subject to the Guaranty, it being expressly acknowledged and reaffirmed that
Guarantor has under the Guaranty consented, among others things, to modifications, extensions and
other actions with respect thereto without any notice thereof or further consent thereto.



	 	 	 	 	 
	 	BOB EVANS FARMS, INC.,

a Delaware corporation

 	 
	 	By:  	/s/ Tod P. Spornhauer
 	 
	 	 	Name:  	Tod P. Spornhauer 	 
	 	 	Title:  	Senior Vice President — Finance,
Controller,
 Assistant Treasurer and
Assistant Secretary
	 
	 	 	 	 	 
	 	Date: December 1, 2010
* 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. 07-60789

Summary Calendar

MICHAEL ONGUBO NYAIGOTI

Petitioner

v.

MICHAEL B MUKASEY, U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A78 997 406

Before DAVIS, GARZA and PRADO, Circuit Judges.

PER CURIAM:*

Michael Ongubo Nyaigoti, a citizen and native of Kenya, petitions for

review of the Board of Immigration Appeals’ (BIA’s) dismissal of his appeal of

the order of the immigration judge (IJ) denying his application for withholding

of removal. To obtain withholding of removal, an applicant must show a clear

probability of persecution if removed. Roy v. Ashcroft, 389 F.3d 132, 138 (5th

Cir. 2004).

United States Court of Appeals

Fifth Circuit

F I L E D

September 18, 2008

Charles R. Fulbruge III

Clerk
No. 07-60789

2

Nyaigoti challenges the IJ’s adverse credibility determination and the IJ’s

determination that Nyaigoti failed to show a clear probability of persecution, if

he were to return to Kenya, on account of his alleged membership in a political

party. Nyaigoti asserts that the inconsistencies in his live testimony and the

evidence are not material to his claims. Although Nyaigoti seeks to minimize

the importance of the inconsistencies, our review of the record does not compel

a determination contrary to that of the IJ. See Chun v. INS, 40 F.3d 76, 78 (5th

Cir. 1994); see also Efe, 293 F.3d at 905. Similarly, Nyaigoti has failed to show

that the evidence of past persecution or the probability of future persecution is

so compelling as to require a conclusion contrary to that of the IJ. Chen v.

Gonzales, 470 F.3d 1131, 1134 (5th Cir. 2006); Roy v. Ashcroft, 389 F.3d at 138.

The petition for review is DENIED.
EXHIBIT 23.1



                          INDEPENDENT AUDITORS' CONSENT




The Shareholders and Board of Directors
of Supertel Hospitality, Inc.:

We consent to  incorporation  by reference in the  Registration  Statement  Nos.
333-26501 and 33-80462 on Form S-8 of Supertel Hospitality,  Inc. of our report,
dated January 20, 1999, relating to the consolidated  balance sheets of Supertel
Hospitality,  Inc. and  subsidiaries  (the  Company) as of December 31, 1998 and
1997, and the related  consolidated  statements of income,  stockholders' equity
and cash flows for each of the years in the three year period ended December 31,
1998,  which report  appears in the December 31, 1998 annual report on Form 10-K
of Supertel Hospitality, Inc.


                              KPMG Peat Marwick LLP



Omaha, Nebraska
March 19, 1999


<PAGE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

135978 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 135978 

 COA: 278853 

Berrien CC: 94-A23324-FY 

STEVEN DALE MAURO,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 11, 2008 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s0828 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 9, 2008 

 Clerk