alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court (Sixth Chamber) of 11 September 2008 – Commission v Italy**

**(Case C‐447/07)**

Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public administration – Masters and chief officers of vessels – Allocation of State authority on board – Requirement to hold the nationality of the flag Member State

1.                     *Freedom of movement for persons – Exceptions – Employment in the public administration (Art. 39(4) EC) (see paras 16, 18,
21, operative part)*

2.                     *Freedom of movement for persons – Exceptions – Protection of public policy, public security and public health (Art. 39(3)
EC) (see para. 17, operative part)*

3.                     *Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
– Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 23)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Infringement of Article 39 EC – National legislation reserving the posts of master and chief officer on all vessels flying the flag of that Member State to its nationals. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by maintaining in its legislation the requirement that masters and chief officers on all vessels flying the Italian flag hold Italian nationality, the Italian Republic has failed to fulfil its obligations under Article 39 EC; |

| | | |
| --- | --- | --- |
| 2. | | Orders the Italian Republic to pay the costs. |
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<EPS-PRIMARY>                                 (.12)
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<PAGE>

</TABLE>
**Exhibit 32**




**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 RG Global Lifestyles, Inc. 
      (the “Company”) on Form 10-QSB for the period ending September 30, 2005 as
      filed with the Securities and Exchange Commission on the date hereof (the
“Report”), we, Louis L. Knickerbocker, Chief Executive Officer of the Company,
      and William C. Hitchcock, Chief Financial Officer of the Company, respectively
      certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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
      Company.






/s/
                Louis L. Knickerbocker
            
            
            /s/
                William C. HitchcockLouis
                L. Knickerbocker
            
            William
                C. HitchcockChief
                Executive Officer
            
            Chief
                Financial OfficerNovember
                10, 2005
            
            November
                10, 2005
Exhibit 31.2  Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 and Securities and Exchange Commission Release 34-46427  I, Tran Viet Thang, certify that:  1. I have reviewed this quarterly report on Form 10-Q/A of Trai Thien USA Inc.;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;  4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:  a) designed such disclosure controls and procedures or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;  b) evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation;  c) disclosed in this report any change in registrant's internal control over financial reporting the occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and  5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):  a) all deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.    Date: August 31, 2010/s/ Tran Viet ThangTran Viet ThangChief Financial Officer
Ackeif T. Pauling, Petitioner, v. State of South Carolina, Respondent.

Supreme Court of South Carolina.

August 11, 2016

ORDER

Petitioner filed a motion on July 18, 2016 for resentencing pursuant to Aiken v. Byars , 410 S.C. 534, 765 S.E.2d 572 (S.C. 2014). Now, therefore, pursuant to SC CONST. Art. V, § 4,

IT IS HEREBY ORDERED that the Honorable Jocelyn Newman be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.

Judge Newman shall at all times be vested with concurrent jurisdiction in all circuits of the state to dispose of matters relating to this case, and shall decide all matters pertaining to the Petitioner's Motion, and shall retain jurisdiction over this matter regardless of where she may be assigned to hold court, and may schedule such hearings as may be necessary at any time without regard as to whether there is a term of court scheduled.

If necessary, to resolve issues related to the appointment of counsel, a hearing shall be conducted within thirty (30) days of this order.

Within sixty (60) days of the date of this order, Judge Newman shall issue a scheduling order setting forth the schedule that shall be followed in this matter, including the date of the hearing on the merits. The scheduling order may be amended as necessary.

s/Costa M. Pleicones

Costa M. Pleicones

Chief Justice
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

MALIK SMITH, a/k/a Michael Marvin

Montana, Tarid M. Smith, Tarik N.

Smith, Tarik Smith, Tarik Marchand

Smith, Tarik Malik Smith, Milik and

Tarid Smith,

 Defendant - Appellant.

No. 05-50375

D.C. No. CR-03-00728-PA-01

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel

opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

FILED

SEP 30 2008

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
STATE of North Carolina v. Troy Lee WATERS, Defendant.

No. COA15-645.

Court of Appeals of North Carolina.

May 10, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 31.1

Certifications

I, J.A. Cardwell, Sr., certify that:

1. I have reviewed this annual report on Form 10-K of Petro Financial Corporation;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my
knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;

4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure
controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of
registrants board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material
weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control
over financial reporting.

Date: March 30, 2006



|                      
|----------------------
|/s/ J.A. Cardwell, Sr.
|(J.A. Cardwell, Sr.)  
|President and Director
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 1, 2008 Clifford W. Taylor,

 Chief Justice 

136647 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: 136647 

 COA: 278007 

Genesee CC: 06-019145-FH 

RICKIE GENE SPRAGUE,

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 8, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal. 

l0924 

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. 

October 1, 2008 

 Clerk
In re: N.G.F., A.L.F.

No. 409P16

Supreme Court of North Carolina.

January 26, 2017

Richard Croutharmel, Attorney at Law, Raleigh, for Farris, Harold N. (Jr.)

Naoma McCosley, John McCosley, for McCosley, Naoma et al.

Matthew D. Wunsche, GAL Appellate Counsel, for GAL.

Matthew Wunsche, Attorney at Law, Durham.

***ORDER***

Upon consideration of the petition filed on the 3rd of November 2016 by Respondent (Father) 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 26th of January 2017."
State of North Carolina v. Kenneth E. Robinson

No. 200P07-5

Supreme Court of North Carolina.

August 18, 2016

Kenneth E. Robinson, for Robinson, Kenneth E.

Kathleen U. Baldwin, Assistant Attorney General, Valerie Mitchell Asbell, District Attorney, for State of NC.

Grady L. Balentine, Jr., Special Deputy Attorney General.

***ORDER***

Upon consideration of the petition filed by Defendant on the 29th of June 2016 in this matter for a writ of certiorari to review the order of the Superior Court, Halifax County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 18th of August 2016."
# C_2009032EN.01002902.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/29 |
| --- | --- | --- | --- |

7.2.2009

EN

Official Journal of the European Union

C 32/29

---

Judgment of the Court of First Instance of 10 December 2008 — Vitro Corporativo v OHIM — VKR Holding (Vitro)

(Case T-412/06) (1)

1

(Community trade mark - Opposition proceedings - Application for Community figurative mark Vitro - Earlier Community word mark VITRAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 32/54)

Language of the case: Spanish

Parties

Applicant: Vitro Corporativo, SA de CV (Garza García, Nuevo Léon, Mexico) (represented by: J. Botella Reyna, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: VKR Holding A/S (Søborg, Denmark)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 October 2006 (Case R 1364/2005-2) concerning opposition proceedings between VKR Holding A/S and Vitro Corporativo, SA de CV.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Vitro Corporativo, SA de CV to pay the costs. |
| --- | --- |

2.

Orders Vitro Corporativo, SA de CV to pay the costs.

---

(1)  OJ C 42, 24.2.2007.

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 Captaris, Inc. (the Company) on Form 10-Q/A for the period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Form 10-Q/A), I, Peter Papano, Chief Financial Officer and Secretary of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of
the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Form 10-Q/A fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(d)); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 12, 2004



/s/    PETER PAPANOPeter Papano Chief Financial Officer and Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-27-1997
<CASH>                                             968
<SECURITIES>                                         0
<RECEIVABLES>                                   25,264
<ALLOWANCES>                                         0
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<SALES>                                         73,655
<TOTAL-REVENUES>                                73,655
<CGS>                                           48,970
<TOTAL-COSTS>                                   63,497
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,502
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<INCOME-TAX>                                     3,334
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<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                     5,322
<EPS-PRIMARY>                                      .71
<EPS-DILUTED>                                      .71
        

</TABLE>
Michael Sparrow, Plaintiff, Employee, v. Tyco Integrated Security, Employer, Ace American Insurance Company (Sedgwick Claims Management Services), Carrier, Defendants.

No. COA16-409

Court of Appeals of North Carolina.

Filed: December 20, 2016

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             MAY-01-1999
<PERIOD-END>                               APR-30-2000
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<RECEIVABLES>                                    1,823
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<SALES>                                         23,580
<TOTAL-REVENUES>                               220,962
<CGS>                                           14,637
<TOTAL-COSTS>                                  239,993
<OTHER-EXPENSES>                                 (686)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,804
<INCOME-PRETAX>                               (36,149)
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<NET-INCOME>                                  (36,149)
<EPS-BASIC>                                     (1.23)
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</TABLE>
STATE v. YOUNG.

No. COA07-1443.

Court of Appeals of North Carolina.

Filed August 5, 2008.

Certification Date August 25, 2008.

Appeal from Iredell (05CRS57155, 05CRS57156, 05CRS57157).

Case reported without published opinion. No error.