alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010301EN.01002102.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/21 |
| --- | --- | --- | --- |

6.11.2010

EN

Official Journal of the European Union

C 301/21

---

Judgment of the General Court of 13 September 2010 — Trioplast Wittenheim v Commission

(Case T-26/06) (1)

1

(Competition - Agreements, decisions and concerted practices - Market for industrial plastic sacks - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Seriousness of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality)

2010/C 301/32

Language of the case: Swedish

Parties

Parties

Applicant: Trioplast Wittenheim SA (Wittenheim, France) (represented by: T. Petersson and O. Larsson, lawyers)

Applicant:

Defendant: European Commission (represented by: initially F. Castillo de la Torre, P. Hellström and V. Bottka, subsequently F. Castillo de la Torre, L. Parpala and V. Bottka, acting as Agents)

Defendant:

Re:

Re:

Application for partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a procedure under Article 81 [EC] (Case COMP/F/38.354 — Industrial sacks) concerning an agreement in the market for plastic industrial sacks and, in the alternative, an application for reduction of the amount 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 Trioplast Witteheim SA to pay the costs. |
| --- | --- |

2.

orders Trioplast Witteheim SA to pay the costs.

---

(1)  OJ C 96, 22.4.2006.

1

---
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 with the Quarterly Report of March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the date indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



(1)     The report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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





|                     |                                                              
|-------------------- | -------------------------------------------------------------
|                     |                                                              
|Dated:  May 19, 2008 | By:  /s/ Ralph M. AmatoRalph M. Amato
Chief Financial Officer
In re E.R.M.D.

No. COA15-1131.

Court of Appeals of North Carolina.

May 3, 2016.

**Case Reported Without Published Opinion**

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6486

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LESLIE LESTER TUCKER,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Cameron McGowan Currie, District

Judge. (4:00-cr-00411-CMC-1)

Submitted: August 21, 2008 Decided: August 26, 2008

Before WILLIAMS, Chief Judge, and KING and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leslie Lester Tucker, Appellant Pro Se. Alfred William Walker

Bethea, Jr., Assistant United States Attorney, Florence, South

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Leslie Lester Tucker appeals the district court’s order

denying his motion for reduction of sentence pursuant to 18 U.S.C.

§ 3582(c)(2) (2000). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. United States v. Tucker, No. 4:00-cr-00411-

CMC-1 (D.S.C. filed Mar. 11, 2008; entered Mar. 12, 2008). 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
STATE v. Donald Jay YOUNG.

No. 468P13-3.

Supreme Court of North Carolina.

Dec. 15, 2015.

Donald Jay Young, Tillery, for Young, Donald Jay.

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

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

*563The following order has been entered on the motion filed on the 9th of November 2015 by Defendant for Petition for Discretionary Review:

> "Motion Dismissed by order of the Court in conference, this the 15th of December 2015."
WEST DURHAM LUMBER CO. v. SUNTRUST BANK.

No. COA08-1136.

Court of Appeals of North Carolina.

Filed March 17, 2009.

Certification Date April 6, 2009.

Appeal from Durham (06CVS5872).

Case reported without published opinion. Affirmed.
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Pages 54758-54759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18395]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Biomedical Imaging and Bioengineering; 
Notice of Closed Meeting

    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.,

[[Page 54759]]

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 Biomedical Imaging and 
Bioengineering Special Emphasis Panel.
    Date: November 9, 2005.
    Time: 8 a.m. to 12 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Courtyard by Marriott Silver Spring Downtown, 8506 Fenton 
Street, Silver Spring, MD 20910.
    Contact Person: Bonnie Dunn, PhD, Scientific Review 
Administrator, Office of Scientific Review, National Institute of 
Biomedical Imaging and Bioengineering, 6707 Democracy Blvd., Suite 
920, Bethesda, MD 20892, (301) 496-8633, <a href="/cdn-cgi/l/email-protection#7317061d1d111c331e121a1f5d1d1a1b5d141c05"><span class="__cf_email__" data-cfemail="6a0e1f040408052a070b030644040302440d051c">[email protected]</span></a>.

    Dated: September 9, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-18395 Filed 9-15-05; 8:45 am]
BILLING CODE 4140-01-M


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<PAGE>

                                                                      EXHIBIT 32

        CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350), the undersigned certifies that (1) this Annual Report of W. R. Grace &
Co. (the "Company") on Form 10-K for the period ended December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (this
"Report"), fully complies with the requirements of Sections 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and (2) the information
contained in this Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

/s/ Paul J. Norris
-----------------------------
Chairman and Chief Executive Officer

/s/ Robert M. Tarola
-----------------------------
Senior Vice President and Chief Financial Officer

Date: March 5, 2004

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
State v. Jonathan Douglas Richardson

272A14-1

Supreme Court of North Carolina.

June 6, 2016

Mr. Paul M. Green, Assistant Appellant Defender, Mr. David Weiss, Attorney at Law, For Richardson, Jonathan Douglas.

Mr. Gregory Butler, Mr. Paul Jackson, Assistant District Attorneys, Ms. Susan I. Doyle, District Attorney, For State of North Carolina.

Mr. Daniel P. O'Brien, Special Deputy Attorney General.

The following order has been entered on the motion filed on the 3rd of June 2016 by Defendant for Extension of Time to Prepare Trial Transcript:

"Motion Allowed by order of the Court in conference, this the 6th of June 2016."
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134902(95) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, 

TERI LYNN GALLANT, Justices 

Plaintiff-Appellee, 

v SC: 134902 

 COA: 265396 

Jackson CC: 03-002034-DM 

JON ANDREW GALLANT, JR., 

Defendant-Appellant, 

and 

GALLANT TRANSPORT, INC., and 

JON ANDREW GALLANT, SR., 

 Defendant/Intervenor-Appellee. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s March 24, 

2008 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

d0828 

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
# C_2011226EN.01002001.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/20 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/20

---

Judgment of the General Court of 16 June 2011 — Air liquide v Commission

(Case T-185/06) (1)

1

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Obligation to state the reasons on which the decision is based)

2011/C 226/37

Language of the case: French

Parties

Parties

Applicant: Air liquide, société anonyme pour l’étude et l’exploitation des procédés Georges Claude (Paris, France) (represented by: R. Saint-Esteben, M. Pittie and P. Honoré, lawyers)

Applicant:

Defendant: European Commission (represented initially by F. Arbault and O. Beynet, and subsequently by V. Bottka, P. Van Nuffel and B. Gencarelli, Agents)

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), in so far as it concerns the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls 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), in so far as it concerns L’Air liquide, SA pour l’étude et l’exploitation des procédés Georges Claude; |
| --- | --- |

1.

Annuls 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), in so far as it concerns L’Air liquide, SA pour l’étude et l’exploitation des procédés Georges Claude;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 212, 2.9.2006.

1

---
State v. Andrew Darrin Ramseur

388A10-1

Supreme Court of North Carolina.

June 8, 2016

Mr. Daniel Shatz, Mr. Benjamin Dowling-Sendor, Mr. Andrew DeSimone, Assistant Appellate Defenders, Mr. Glenn Gerding, Appellate Defender, For Ramseur, Andrew Darrin

Mr. Robert C. Montgomery, Ms. Amy Kunstling Irene, Mr. Jonathan Babb, Special Deputy Attorney Generals, Ms. Sarah Kirkman, District Attorney, For State of N.C.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 6th of June 2016 by Defendant:

"Motion Allowed by order of the Court in conference, this the 8th of June 2016."

Defendant shall have up to and including the 27th day of July 2016 to file and serve his/her brief with this Court.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-1497

BIMAL GYAWALI,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals.

Submitted: July 30, 2008 Decided: August 21, 2008

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bimal Gyawali, Petitioner Pro Se. Kristin Kay Edison, Daniel Eric

Goldman, James Eugene Grimes, Jr., Office of Immigration

Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,

for Respondent.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Bimal Gyawali, a native and citizen of Nepal, petitions

for review of an order of the Board of Immigration Appeals

(“Board”) denying his motion to reopen. We deny the petition for

review. 

This court reviews the Board’s denial of a motion to

reopen for abuse of discretion. 8 C.F.R. § 1003.2(a) (2008);

INS v. Doherty, 502 U.S. 314, 323-24 (1992); Nibagwire v. Gonzales,

450 F.3d 153, 156 (4th Cir. 2006). A denial of a motion to reopen

must be reviewed with extreme deference. Stewart v. INS, 181 F.3d

587, 595 (4th Cir. 1999). We will reverse a denial of a motion to

reopen only if the denial is “arbitrary, capricious, or contrary to

law.” Barry v. Gonzales, 445 F.3d 741, 745 (4th Cir. 2006)

(internal quotations and citation omitted). We have recognized

three independent grounds for denial of a motion to reopen removal

proceedings: “(1) the alien has not established a prima facie case

for the underlying substantive relief sought; (2) the alien has not

introduced previously unavailable, material evidence; and (3) where

relief is discretionary, the alien would not be entitled to the

discretionary grant of relief.” Onyeme v. INS, 146 F.3d 227, 234

(4th Cir. 1998). 

The Board correctly noted that the motion was untimely.

See 8 U.S.C. § 1229a(c)(7)(A), (C) (2006); 8 C.F.R. § 1003.2(c)(2)

(2008). In addition, the Board did not abuse its discretion in
- 3 -

finding Gyawali failed to show changed country conditions

warranting a reopening. 

Accordingly, we deny the petition for review. 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.

PETITION DENIED
##### 



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 with the Quarterly Report on Form 10-Q of Brown Jordan International, Inc. (the
Company) for the period ended September 24, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Vincent A. Tortorici, Jr., Chief Accounting
Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:  (1)
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and  (2)
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. Date: January 12, 2005
    By:

/s/ Vincent A. TortoriciVincent A. TortoriciChief Accounting Officer
ALLEN v. TRAVELERS INS. CO.

No. 236P15-1.

Supreme Court of North Carolina.

Sept. 24, 2015.

Jimmy L. Allen, Charlotte, for Allen, Jimmy L., et al.

Angela M. Allen, Raleigh.

James S. Derrick, Charlotte, for Travelers Insurance Company, et al.

**Opinion**

The following order has been entered on the motion filed on the 9th of July 2015 by Plaintiffs for Petition for Discretionary Review:

> "Motion Denied by order of the Court in conference, this the 24th of September 2015."
exv10w2






Exhibit 10.2




TERMINATION OF

FOREIGN ACCOUNTS CREDIT AND SECURITY AGREEMENT




     Regions Bank (“Lender”) and SYNERGETICS, INC., a Missouri corporation (“Synergetics”),
SYNERGETICS USA, INC., a Delaware corporation, SYNERGETICS GERMANY, GMBH; SYNERGETICS ITALIA, SRL,
and SYNERGETICS FRANCE, SARL, a French company (individually, a “Borrower” and together, the
“Borrowers”), entered into a certain Foreign Accounts Credit and Security Agreement dated as of
June 20, 2007, as heretofore amended (the “Credit Agreement”).



     There are no Advances or Loans outstanding under the Credit Agreement, and Lender and
Borrowers desire to terminate the Credit Agreement.



     NOW, THEREFORE, the Credit Agreement is hereby terminated, effective November 30, 2010 (the
“Effective Date”). Promptly after the Effective Date, Lender shall mark the Third Amended and
Restated Foreign Accounts Revolving Note “canceled” and will destroy such note or, at the request
of Borrowers, will return such canceled note to Borrowers.



     In consideration of the agreement of Lender to terminate the Credit Agreement at the request
of Borrowers, Borrowers hereby release, discharge and acquit forever Lender and any of its
officers, directors, servants, agents, employees and attorneys, past and present, from any and all
claims, demands and causes of action, of whatever nature, whether in contract or tort, accrued or
to accrue, contingent or vested, known or unknown, arising out of or relating to the loans
evidenced by the Credit Agreement, as hereby amended, or Lender’s administration of the same or any
other actions taken pursuant to the Credit Agreement or under any other documents or instruments
evidencing loans made by Lender to Borrowers or the administration of same; provided, however, that
the foregoing release and the following indemnity relate only to actions or inactions of Lender
through the date hereof. This provision shall survive termination of the Credit Agreement.



[Remainder of page intentionally left blank. Signature page follows]






 









 








     IN WITNESS WHEREOF, Borrowers and Lender have executed this Termination of Credit Agreement as
of November 30, 2010.



	 	 	 	 	 
	 	BORROWERS:



SYNERGETICS, INC.

 	 
	 	By:  	/s/ Pamela G. Boone
 	 
	 	 	Name:  	Pamela G. Boone 	 
	 	 	Title:  	Chief Financial Officer 	 
	 
	 	and



SYNERGETICS USA, INC.

 	 
	 	By:  	/s/ Pamela G. Boone
 	 
	 	 	Name:  	Pamela G. Boone 	 
	 	 	Title:  	Chief Financial Officer 	 
	 
	 	and



SYNERGETICS GERMANY GMBH

 	 
	 	By:  	/s/ Pamela G. Boone
 	 
	 	 	Name:  	Pamela G. Boone 	 
	 	 	Title:  	Director 	 
	 
	 	And0



SYNERGETICS ITALIA, SRL

 	 
	 	By:  	/s/ Pamela G. Boone
 	 
	 	 	Name:  	Pamela G. Boone 	 
	 	 	Title:  	Director 	 
	 
	 	and



SYNERGETICS FRANCE, SARL

 	 
	 	By:  	/s/ Pamela G. Boone
 	 
	 	 	Name:  	Pamela G. Boone 	 
	 	 	Title:  	Director 	 
	 
	 	LENDER:



REGIONS BANK

 	 
	 	By:  	/s/ Anne D. Silvestri
 	 
	 	 	Name:  	Anne D. Silvestri 	 
	 	 	Title:  	Senior Vice President 	 
	 




2
Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of CPI International, Inc. (the‘‘Company’’) on Form 10-Q for the periodending December  30,  2005 as filed with the Securities andExchange Commission on the date hereof (the‘‘Report’’), I, O. Joe Caldarelli, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

(1) The Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2) The information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of theCompany.

/s/ O. JoeCaldarelli

O. Joe CaldarelliChief ExecutiveOfficerFebruary 13, 2006

----
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund XXI Limited Partnership (the "Partnership") on Form 10-Q for
the period ended March 31, 2010, as filed with the Securities and
Exchange  Commission  on  the  date hereof  (the  "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XXI,  Inc., the Managing General Partner of the Partnership,  and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XXI,  Inc., each certify, pursuant to 18 U.S.C. 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; and

     2.   The   information  contained  in  the   Report   fairly
          presents,  in  all  material  respects,  the  financial
          condition and results of operations of the Partnership.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              May 12, 2010



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              May 12, 2010