alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011347EN.01002601.xml

| 26.11.2011 | EN | Official Journal of the European Union | C 347/26 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 347/26

---

Judgment of the General Court of 12 October 2011 — Agroexpansión v Commission

(Case T-38/05) (1)

1

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market sharing - Fines - Attributability of the unlawful conduct - Maximum limit of 10 % of turnover - Deterrent effect - Equal treatment - Mitigating circumstances - Cooperation)

2011/C 347/37

Language of the case: Spanish

Parties

Parties

Applicant: Agroexpansión, SA (Madrid, Spain) (represented by: J. Folguera Crespo and P. Vidal Martínez, lawyers)

Applicant:

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)

Defendant:

Re:

Re:

Action for partial annulment of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) and application for reduction in the amount of the fine imposed on the applicant in that decision.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Fixes the amount of the fine imposed on Agroexpansión, SA under Article 3 of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) at EUR 2 430 000. |
| --- | --- |

1.

Fixes the amount of the fine imposed on Agroexpansión, SA under Article 3 of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) at EUR 2 430 000.

| 2. | Dismisses the action to the remainder. |
| --- | --- |

2.

Dismisses the action to the remainder.

| 3. | Orders Agroexpansión to bear nine-tenths of its own costs and to pay nine-tenths of the costs incurred by the European Commission; orders the European Commission to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by the applicant. |
| --- | --- |

3.

Orders Agroexpansión to bear nine-tenths of its own costs and to pay nine-tenths of the costs incurred by the European Commission; orders the European Commission to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by the applicant.

---

(1)  OJ C 82, 2.4.2005.

1

---
# C_2008209EN.01001702.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/17 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/17

---

Order of the Court (Seventh Chamber) of 21 May 2008 (reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky — Slovak Republic) — Karol Mihal v Daňový úrad Košice V

(Case C-456/07) (1)

1

(Article 104(3), first subparagraph, of the Rules of Procedure - Sixth VAT Directive - Taxable persons - Article 4(5), first subparagraph - Bodies governed by public law - Bailiffs - Natural and legal persons)

(2008/C 209/24)

Language of the case: Slovak

Referring court

Najvyšší súd Slovenskej republiky

Parties

Applicant: Karol Mihal

Applicant:

Defendant: Daňový úrad Košice V

Defendant:

Re:

Reference for a preliminary ruling — Najvyšší súd Slovenskej republiky — Interpretation of the first subparagraph of Article 4(5) of Directive 77/388/EEC: Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Treatment of a body governed by public law as a non-taxable person in respect of activities or operations engaged in as a public authority — Inclusion of bailiffs in the exercise of their public duties — Direct effect

Operative part of the order

An activity exercised by a private individual, such as that of a bailiff, is not exempted from value added tax merely because it consists in engaging in acts falling within the rights and powers of a public authority. Even on the assumption that, in the exercise of his duties, a bailiff does carry out such acts, he does not, under legislation such as that at issue in the main proceedings, exercise his activity in the form of a body governed by public law, not being integrated into the organisation of the public administration, but in the form of an independent economic activity carried out in a self-employed capacity, and, consequently, he is not covered by the exemption provided for in the first subparagraph of Article (5) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment.

---

(1)  OJ C 315, 22.12.2007.

1

---
# C_2008272EN.01002202.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/22 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/22

---

Judgment of the Court of First Instance of 10 September 2008 — Gualtieri v Commission

(Case T-284/06) (1)

1

(Seconded National Expert - Subsistence allowances - Place of residence at the time of secondment - Objection of illegality of Article 20(3)(b) of the decision on Seconded National Experts - Principle of equal treatment)

(2008/C 272/41)

Language of the case: Italian

Parties

Applicant: Claudia Gualtieri (Brussels, Belgium) (represented by: P. Gualtieri and M. Gualtieri, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Currall, acting as Agent, and G. Faedo, lawyer)

Defendant:

Re:

Annulment of the decision of the Commission of 30 January 2006 dismissing the applicant's claim for adjustment, following her divorce, of the amount of the allowances payable under Article 17 of Commission Decision C(2002) 1559 of 30 April 2002 laying down the rules applicable to National Experts, as amended

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Ms Claudia Gualtieri to pay the costs. |
| --- | --- |

2.

Orders Ms Claudia Gualtieri to pay the costs.

---

(1)  OJ C 154, 1.7.2006 (formerly Case F-53/06).

1

---
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICERPURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Jos. A. Bank Clothiers, Inc. (the Company) on Form 10-K for the period ended February 3, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Robert N. Wildrick, Chief Executive Officer of the Company, 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; and (2)      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.


|April 16, 2007 |  | /s/ ROBERTN. WILDRICK  
|-------------- |  | -----------------------
|               |  | Robert N. Wildrick     
|               |  | Chief Executive Officer

---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Petitioner

v.

ADAM ZYDNEY,

Respondent :

:

:

:

:

:

:

:

:

:

: No. 368 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 3rd day of January, 2018

, the Petition for Allowance of Appeal is

DENIED

.
<PAGE>   1

CONSENT OF ARTHUR ANDERSEN LLP



                                                                   EXHIBIT 23.01


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


To Quintiles Transnational Corp.:

As independent public accountants, we hereby consent to the incorporation of our
report dated January 26, 2001 (except with respect to the matter discussed in
the first paragraph of Note 6, as to which the date is February 6, 2001)
included in this Form 10-K, into the Company's previously filed Registration
Statements 33-91026 on Form S-8, 333-03603 on Form S-8, 333-16553 on Form S-8,
333-40493 on Form S-8, 333-60797 on Form S-8, 333-75183 on Form S-8, 333-92987
on Form S-8, and 333-51272 on Form S-8.


                                               ARTHUR ANDERSEN LLP

Raleigh, North Carolina,
March 27, 2001.
State v. Joshua Earl Holloman

208P16-1

Supreme Court of North Carolina.

May 27, 2016

Ms. Amanda S. Zimmer, Attorney at Law, Mr. Glenn Gerding, Appellate Defender, For Holloman, Joshua Earl.

Mr. Joseph L. Hyde, Assistant Attorney General, Ms. N. Lorrin Freeman, District Attorney, For State of North Carolina.

The following order has been entered on the motion filed on the 27th of May 2016 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 27th of May 2016."
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            SEP-30-1999
<CASH>                                     3408142
<SECURITIES>                                     0
<RECEIVABLES>                              1709259
<ALLOWANCES>                               (309137)
<INVENTORY>                                      0
<CURRENT-ASSETS>                           5833313
<PP&E>                                    12035082
<DEPRECIATION>                            (5917303)
<TOTAL-ASSETS>                            17661672
<CURRENT-LIABILITIES>                       690422
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     10177
<OTHER-SE>                                15633808
<TOTAL-LIABILITY-AND-EQUITY>              17661672
<SALES>                                   10213416
<TOTAL-REVENUES>                          10213416
<CGS>                                            0
<TOTAL-COSTS>                             10882431
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          178996
<INCOME-PRETAX>                            (472699)
<INCOME-TAX>                                248272
<INCOME-CONTINUING>                        (720971)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               (720971)
<EPS-BASIC>                                 (.07)
<EPS-DILUTED>                                 (.07)


</TABLE>
[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Page 55132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18687]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


CDC/HRSA Advisory Committee on HIV and STD Prevention and 
Treatment

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following committee meeting.

    Name: CDC/HRSA Advisory Committee on HIV and STD Prevention and 
Treatment.
    Time and Date: 8 a.m.-5 p.m., October 19, 2005.
    Place: Hotel Washington, 15th and Pennsylvania Avenue, NW., 
Washington, DC 20004. Telephone: (202) 638-5900.
    Time and Date: 8 a.m.-12 p.m., October 20, 2005.
    Place: Ronald Reagan Building and International Trade Center, 
Horizon Room, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. 
Telephone: (202) 213-1300.
    Status: Open to the public, limited only by the space available. 
The meeting room will accommodate approximately 100 people.
    Purpose: This Committee is charged with advising the Secretary; 
the Director, CDC; and the Administrator, HRSA, regarding activities 
related to prevention and control of HIV/AIDS and other STDs, the 
support of health care services to persons living with HIV/AIDS, and 
education of health professionals and the public about HIV/AIDS and 
other STDs.
    Matters To Be Discussed: Agenda items include issues pertaining 
to (1) syphilis elimination, (2) HIV Prevention Priorities for 
African American Men Who Have Sex With Men, (3) Medicare Part D 
Outreach/TA, and (4) Ryan White CARE Act Reauthorization.
    Agenda items are subject to change as priorities dictate.
    Contact Person for More Information: Paulette Ford-Knights, 
Public Health Analyst, National Center for HIV, STD, and TB 
Prevention, 1600 Clifton Road, NE., Mailstop E-07, Atlanta, Georgia 
30333. Telephone (404) 639-8008, fax: (404) 639-3125, e-mail 
<a href="/cdn-cgi/l/email-protection#a0d0c2c697e0c3c4c38ec7cfd6"><span class="__cf_email__" data-cfemail="46362420710625222568212930">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register Notices pertaining 
to announcements of meetings and other committee management 
activities, for both the CDC and the Agency for Toxic Substances and 
Disease Registry.

    Dated: September 12, 2005.
Alvin Hall,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 05-18687 Filed 9-19-05; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<TABLE> <S> <C>
                              
<ARTICLE>                          5
<LEGEND>                        
     This schedule  contains summary  financial  information  extracted from the
Partnership's  audited financial  statements for the three months ended November
30,  1996 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>                  AUG-31-1997
<PERIOD-END>                       NOV-30-1996
<CASH>                                  1,534
<SECURITIES>                                0
<RECEIVABLES>                               9
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                        1,637
<PP&E>                                    199
<DEPRECIATION>                             21
<TOTAL-ASSETS>                          1,845
<CURRENT-LIABILITIES>                     736
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                  500
<OTHER-SE>                                486
<TOTAL-LIABILITY-AND-EQUITY>            1,845
<SALES>                                     0
<TOTAL-REVENUES>                        3,586
<CGS>                                       0
<TOTAL-COSTS>                           3,207
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          0
<INCOME-PRETAX>                           379
<INCOME-TAX>                              152
<INCOME-CONTINUING>                       227
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                              227
<EPS-PRIMARY>                            0.04
<EPS-DILUTED>                            0.04
        

</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 11.1
 
                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS
 
PRIMARY EARNINGS PER SHARE
 
<TABLE>
<CAPTION>
                                                                        YEAR ENDED MARCH 31,
                                                                      -------------------------
                                                                         1997          1996
                                                                      -----------   -----------
<S>                                                                   <C>           <C>
Weighted Average Common and Common Equivalent Shares:
Weighted Average Common Stock Outstanding During the Period........    93,117,054    80,269,624
Weighted Average Common Equivalent Shares..........................     6,831,848     6,166,624
                                                                      -----------   -----------
                                                                       99,948,902    86,432,248
                                                                      ===========   ===========
Net income.........................................................   $41,470,000   $ 9,737,000
                                                                      ===========   ===========
Net income per common share........................................   $      0.41   $      0.11
                                                                      ===========   ===========
FULLY DILUTED EARNINGS PER SHARE
Weighted Average Common and Common Equivalent Shares:
Weighted Average Common Stock Outstanding During the Period........    93,117,054    80,269,624
Weighted Average Common Equivalent Shares..........................     5,900,603     6,348,529
                                                                      -----------   -----------
                                                                       99,017,657    86,618,153
                                                                      ===========   ===========
Net income.........................................................   $41,470,000   $ 9,737,000
                                                                      ===========   ===========
Net income per common share........................................   $      0.42   $      0.11
                                                                      ===========   ===========
</TABLE>
# C_2011038EN.01000902.xml

| 5.2.2011 | EN | Official Journal of the European Union | C 38/9 |
| --- | --- | --- | --- |

5.2.2011

EN

Official Journal of the European Union

C 38/9

---

Judgment of the General Court of 16 December 2010 — Systran and Systran Luxembourg v Commission

(Case T-19/07) (1)

1

(Non-contractual liability - Call for tenders to carry out a project relating to the maintenance and linguistic enhancement of the Commission's machine translation system - Source codes for a computer program being marketed - Infringement of copyright - Unauthorised disclosure of know-how - Action for compensation - Non-contractual dispute - Admissibility - Actual and certain damage - Causal link - Flat-rate assessment of the amount of the damage)

2011/C 38/12

Language of the case: French

Parties

Parties

Applicant: Systran SA (Paris, France); and Systran Luxembourg SA (Luxembourg, Luxembourg) (represented by: J.-P. Spitzer and E. De Boissieu, lawyers)

Applicant:

Defendant: European Commission (represented: initially by E. Montaguti and M.F. Benyon, and subsequently by E. Traversa and E. Montaguti, Agents, and A. Berenboom and M. Isgour, lawyers)

Defendant:

Re:

Re:

Action for compensation for the damage allegedly suffered by the applicants as a result of infringements committed following a call for tenders by the Commission relating to the maintenance and linguistic enhancement of its machine translation system.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Orders the European Commission to pay Systran SA flat-rate compensation of EUR 12 001 000; |
| --- | --- |

1.

Orders the European Commission to pay Systran SA flat-rate compensation of EUR 12 001 000;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders the Commission to pay the costs. |
| --- | --- |

3.

Orders the Commission to pay the costs.

---

(1)  OJ C 69, 24.3.2007.

1

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RONALD LIVINGSTON, 

Plaintiff-Appellant, 

 v. 

LOUIS DeJOY, Postmaster General; et al., 

Defendants-Appellees.

No. 21-55114 

D.C. No. 2:20-cv-06975-MWF-JPR 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Michael W. Fitzgerald, District Judge, Presiding

Submitted October 12, 2021**

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Ronald Livingston appeals pro se from the district court’s judgment 

dismissing his action arising out of an Equal Employment Opportunity 

Commission hearing. We have jurisdiction under 28 U.S.C. § 1291. We review de 

novo a sua sponte dismissal for lack of subject matter jurisdiction. Scholastic Ent., 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

OCT 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-55114 

Inc. v. Fox Ent. Grp., Inc., 336 F.3d 982, 985 (9th Cir. 2003). We affirm.

The district court properly dismissed Livingston’s action without prejudice

because Livingston failed to allege a federal question or complete diversity of 

citizenship in his complaint. See 28 U.S.C §§ 1331, 1332; Rivet v. Regions Bank 

of La., 522 U.S. 470, 475 (1998) (to establish jurisdiction under § 1331, a federal 

question must be “presented on the face of the plaintiff’s properly pleaded 

complaint” (citation and internal quotation marks omitted)); Caterpillar Inc. v. 

Lewis, 519 U.S. 61, 68 (1996) (§ 1332 applies only when “the citizenship of each 

plaintiff is diverse from the citizenship of each defendant”). Contrary to 

Livingston’s contention, the district court did not have subject matter jurisdiction 

pursuant to United States Postal Service Publication 133.

The district court did not err in declining to grant Livingston’s motions for 

default judgment because the district court had determined that it lacked subject 

matter jurisdiction over the action. See Speiser, Krause & Madole v. Ortiz, 271 

F.3d 884, 886 (9th Cir. 2001) (standard of review); Tuli v. Republic of Iraq (In re 

Tuli), 172 F.3d 707, 712 (9th Cir. 1999) (explaining that a district court has an 

affirmative duty to determine whether it has subject matter jurisdiction prior to 

entering default judgment, whether or not the party against whom default judgment 

is sought has appeared).

Livingston’s motion to continue to use the mailing process (Docket Entry 
3 21-55114 

No. 5) is granted.

AFFIRMED.