alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. Clyde Gary WHISENANT.

No. 423P15.

Supreme Court of North Carolina.

March 17, 2016.

Sherri Lawrence, Assistant Attorney General, for State of North Carolina.

Katherine Jane Allen, Assistant Appellate Defender, for Whisenant, Clyde Gary.

G. Glenn Gerding, Appellate Defender, for Whisenant, Clyde Gary.

David Learner, District Attorney, for State of North Carolina.

*741*ORDER*

Upon consideration of the petition filed by State of NC on the 21st of December 2015 for Writ of Supersedeas of the judgment of the Court of Appeals, 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 17th of March 2016."

Upon consideration of the petition filed on the 15th of January 2016 by State of NC 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 17th of March 2016."

Upon consideration of the petition filed by State of NC on the 10th of February 2016 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Dismissed as moot by order of the Court in conference, this the 17th of March 2016."

ERVIN, J. recused.
<TABLE>
<CAPTION>
SMC CORPORATION          EXHIBIT 11
STATEMENT OF CALCULATION OF AVERAGE
COMMON SHARES OUTSTANDING

                                                                  Three Months        Six Months
                                                                     Ended               Ended
                                                                  July 3, 1999       July 3, 1999
                                                                  ------------       ------------
<S>                                                                  <C>                <C>
Basic Earnings Per Share:                                            5,845,148          5,867,800
Weighted average number of shares

Diluted Earnings Per Share:
     Weighted average number of shares                               5,845,148          5,867,800
     Stock option plan shares to be issued at prices                   823,500            823,500
     ranging from $7.375 to $9.00 per share
     Warrant issues at a price of $9.30 per share                      125,000            125,000
     Less:  Assumed purchase of shares by the Company at the
            average market price during the period using the
            proceeds received upon the assumed exercise of
            the outstanding options and warrants                      (947,237)          (947,872)
                                                                  ------------       ------------
                    Total Diluted Shares                             5,846,411          5,868,428
                                                                  ============       ============
</TABLE>
# C_2008158EN.01002302.xml

| 21.6.2008 | EN | Official Journal of the European Union | C 158/23 |
| --- | --- | --- | --- |

21.6.2008

EN

Official Journal of the European Union

C 158/23

---

Judgment of the Civil Service Tribunal (Third Chamber) of 30 April 2008 — Dragoman v Commission

(Case F-16/07)

(Staff case - Competition - Selection Board - Principle of impartiality of the Selection Board - Article 11a of the Staff Regulations - Equal treatment of internal and external candidates - Exclusion of a candidate - Duty to state reasons - Scope - Respect for the secrecy of the deliberations of the selection board)

(2008/C 158/40)

Language of the case: Romanian

Parties

Applicant: Adriana Dragoman (Brussels, Belgium) (represented by: G.-F. Dinulescu, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: K. Herrmann, F. Telea and M. Velardo, Agents)

Defendant:

Re:

Annulment of the decisions of the selection board of competition EPSO/AD/34/05 (for the constitution of a reserve list for the recruitment of Romanian-speaking conference interpreters) to award the applicant a mark for the first interpreting test which did not permit her to be admitted to the subsequent tests of that competition — Plea of illegality in respect of Article 6 of Annex III of the Staff Regulations.

Operative part of the judgment

The Tribunal:

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

1.

Dismisses the action;

| 2. | Orders each party to bear its own costs. |
| --- | --- |

2.

Orders each party to bear its own costs.

---
# C_2009153EN.01003501.xml

| 4.7.2009 | EN | Official Journal of the European Union | C 153/35 |
| --- | --- | --- | --- |

4.7.2009

EN

Official Journal of the European Union

C 153/35

---

Judgment of the Court of First Instance of 19 May 2009 — Euro-Information v OHIM (CYBERCREDIT, CYBERGESTION, CYBERGUICHET, CYBERBOURSE and CYBERHOME)

(Joined Cases T-211/06, T-213/06, T-245/06, T-155/07 and T-178/07) (1)

1

(Community trade mark - Applications for Community word marks CYBERCREDIT, CYBERGESTION, CYBERGUICHET, CYBERBOURSE and CYBERHOME - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)

2009/C 153/66

Language of the case: French

Parties

Parties

Applicant: Européenne de traitement de l’information (Euro-Information) (Strasbourg, France) (represented by: P. Greffe, J. Schouman, A. Jacquet and L. Paudrat, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent.)

Defendant:

Re:

Re:

Actions brought against the decisions of the First Board of Appeal of OHIM of 24 May (Case R 0068/2006-1), 12 June (Case R 0066/2006-1), 5 July 2006 (Case R 0067/2006-1), 28 February (Case R 1046/2006-1) and 15 March 2007 (Case R 0067/2006-1), concerning registration of the signs CYBERGESTION (Case T-213/06), CYBERCREDIT (Case T-211/06), CYBERGUICHET (Case T-245/06), CYBERBOURSE (Case T-155/07) and CYBERHOME (Case T-178/07) as Community trade marks.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | The actions are dismissed; |
| --- | --- |

1.

The actions are dismissed;

| 2. | Européenne de traitement de l’information (Euro-Information) is ordered to pay the costs. |
| --- | --- |

2.

Européenne de traitement de l’information (Euro-Information) is ordered to pay the costs.

---

(1)  OJ C 249, 14.10.2006.

1

---
# C_2008209EN.01005302.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/53 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/53

---

Order of the Court of First Instance of 17 June 2008 — FMC Chemical v EFSA

(Case T-312/06) (1)

1

(Action for annulment - Action for damages - Directive 91/414/EEC - Plant protection products - Opinion of the European Food Safety Authority - Non-actionable measure - Preparatory measure - Inadmissibility)

(2008/C 209/95)

Language of the case: English

Parties

Applicant: FMC Chemical SPRL (Brussels, Belgium) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Applicant:

Defendant: European Food Safety Authority (EFSA) (represented initially by: A. Cuvillier and D. Detken, and subsequently by A. Cuvillier and S. Gabbi, Agents)

Defendant:

Intervener in support of the applicant: European Crop Protection Association (ECPA), (Brussels, Belgium) (represented by D. Waelbroeck and N. Rampal, lawyers)

Intervener in support of the defendant: Commission of the European Communities, (represented by B. Doherty, Agent)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance carbosulfan under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), and (ii) compensation for the damage sustained.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | FMC Chemical SPRL, the European Food Safety Authority (EFSA), the European Crop Protection Association (ECPA) and the Commission shall each bear their own costs. |
| --- | --- |

2.

FMC Chemical SPRL, the European Food Safety Authority (EFSA), the European Crop Protection Association (ECPA) and the Commission shall each bear their own costs.

---

(1)  OJ C 326, 30.12.2006.

1

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

<ARTICLE> 5
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         956,000
<SECURITIES>                                         0
<RECEIVABLES>                                9,992,000
<ALLOWANCES>                                         0
<INVENTORY>                                 12,196,000
<CURRENT-ASSETS>                            31,744,000
<PP&E>                                       5,620,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              56,212,000
<CURRENT-LIABILITIES>                       15,895,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    27,719,000
<OTHER-SE>                                 (4,786,000)
<TOTAL-LIABILITY-AND-EQUITY>                56,212,000
<SALES>                                     24,916,000
<TOTAL-REVENUES>                            24,916,000
<CGS>                                       11,344,000
<TOTAL-COSTS>                               11,344,000
<OTHER-EXPENSES>                               995,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,283,000
<INCOME-PRETAX>                            (6,356,000)
<INCOME-TAX>                                 (826,000)
<INCOME-CONTINUING>                        (5,256,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,256,000)
<EPS-PRIMARY>                                    (.28)
<EPS-DILUTED>                                    (.28)
        

</TABLE>
# C_2009069EN.01003005.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/30 |
| --- | --- | --- | --- |

21.3.2009

EN

Official Journal of the European Union

C 69/30

---

Order of the President of the Court of 22 October 2008 — Commission of the European Communities v Hellenic Republic

(Case C-494/07) (1)

1

(2009/C 69/59)

Language of the case: Greek

Language of the case: Greek

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 8, 12.1.2008.

1

---
151 

2 

‘. 

. 

..- ..........-.-...--- 2 ^^..-..- .-. .Y 2.. ,..“.,“..L *-..’ . ..I^ &“A,. .T.#.;“.““.“.... n- -.I= l.....T. Y. 
e 

- . 

1 

. 

IS2 

. .
**EXHIBITA**

**Section906 Certifications**

CERTIFICATIONPURSUANT TO18 U.S.C. § 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the annual report of **Nevsun Resources Ltd.** (the“Company”) on Form 40-F for the fiscal year ending **December 31, 2011**, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), **I**, **Clifford T. Davis, Chief Executive Officer**of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

| 1. | TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities and Exchange Act of 1934; and |
|----|-------------------------------------------------------------------------------------------------------------------------|

| 2. | Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------|

Dated: **March 29, 2012**

| By: | */s/ Clifford T. Davis*******Chief Executive Officer** |
|-----|--------------------------------------------------------|

----
# C_2009044EN.01001201.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/12 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/12

---

Judgment of the Court (Fourth Chamber) of 22 December 2008 (reference for a preliminary ruling from the Cour d'appel de Liège — Belgium) — État belge — SPF Finances v Truck Center SA

(Case C-282/07) (1)

1

(Freedom of establishment - Article 52 of the EC Treaty (now, following amendment, Article 43 EC) and Article 58 of the EC Treaty (now Article 48 EC) - Free movement of capital - Articles 73b and 73d of the EC Treaty (now Articles 56 EC and 58 EC respectively) - Taxation of legal persons - Income from capital and movable property - Retention of tax at source - Withholding tax - Charging of withholding tax on interest paid to non-resident companies - No charging of withholding tax on interest paid to resident companies - Double taxation convention - Restriction - None)

(2009/C 44/19)

Language of the case: French

Referring court

Cour d'appel de Liège

Parties to the main proceedings

Appellant: État belge — SPF Finances

Appellant:

Respondent: Truck Center SA

Respondent:

Re:

Reference for a preliminary ruling — Cour d'appel de Liège — Interpretation of Articles 56 EC and 58 EC — Free movement of capital — Taxation of legal persons — Withholding tax deducted by the tax authorities of one Member State on income from capital allocated by a company established in that State to a company established in another Member State — No deduction of withholding tax where that income is allocated to a company established in the same Member State — Unjustified difference in treatment or difference in situation justifying different treatment? — Effect, in that respect, of a bilateral convention for the avoidance of double taxation

Operative part of the judgment

Articles 52 of the EC Treaty (now, following amendment, Article 43 EC), 58 of the EC Treaty (now Article 48 EC), 73b of the EC Treaty and 73d of the Treaty (now Articles 56 EC and 58 EC respectively) must be interpreted as not precluding tax legislation of a Member State, such as that at issue in the main proceedings, which provides for the retention of tax at source on interest paid by a company resident in that Member State to a recipient company resident in another Member State, while exempting from that retention interest paid to a recipient company resident in the first Member State, the income of which is taxed in that Member State by way of corporation tax.

---

(1)  OJ C 199 of 25.8.2007.

1

---
[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Notices]
[Pages 4821-4822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1854]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Defense Department Advisory Committee on Women in 
the Services (DACOWITS)

AGENCY: Department of Defense.

ACTION: Notice.

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

SUMMARY: Pursuant to section 10(a), Public Law 92-463, as amended, 
notice is hereby given of a forthcoming meeting of the Defense 
Department Advisory Committee on Women in the Services (DACOWITS). The 
purpose of the Committee meeting is to discuss the 2004 DACOWITS 
Report. The meeting is open to the public, subject to the availability 
of space.
    Interested persons may submit a written statement for consideration 
by the Committee and make an oral presentation of such. Persons 
desiring to make an oral presentation or submit a written statement to 
the Committee must notify the point of contact listed below no later 
than 5 p.m., February 1, 2005. Oral presentations by members of the 
public will be permitted only on Thursday, February 3, 2005, from 4:30 
p.m. to 4:45 p.m. before the full

[[Page 4822]]

Committee. Presentations will be limited to two minutes. Number of oral 
presentations to be made will depend on the number of requests received 
from members of the public. Each person desiring to make an oral 
presentation must provide the point of contact listed below with one 
(1) copy of the presentation by 5 p.m., February 1, 2005, and bring 35 
copies of any material that is intended for distribution at the 
meeting. Persons submitting a written statement must submit 35 copies 
of the statement to the DACOWITS staff by 5 p.m. on February 1, 2005.

DATES: February 2, 2005, 8:30 a.m.-5 p.m. February 3, 2005, 8:30 a.m.-5 
p.m. February 4, 2005, 8:30 a.m.-5 p.m.
    Location: Embassy Suites Hotel, Crystal City--National Airport, 
1300 Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: MSgt Gerald T. Posey, USAF, DACOWITS, 
4000 Defense Pentagon, Room 2C548A, Washington, DC 20301-4000. 
Telephone (703) 697-2122. Fax (703) 614-6233.

SUPPLEMENTARY INFORMATION: Meeting agenda.

Wednesday, February 2, 2005, 8:30 p.m.-5 p.m.

Welcome & Administrative Remarks
Review of 2004 Report
Briefings on Topical Information for 2005.

Thursday, February 3, 2005, 8:30 a.m.-5 p.m.

Development of Mission and Topics Statements for 2005 Report
2005 Report Outline Development,
4:30 p.m.-4:45 p.m. (Public Forum)

Friday, February 4, 2005, 8:30 a.m.-5 p.m.

Committee Administrative Training, Security, Ethics
Continued Outline and Report Development for 2005

    Note: Exact order may vary.

    Dated: January 13, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-1854 Filed 1-27-05; 2:38 pm]
BILLING CODE 5001-06-P
<PAGE>

                                                                    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 Annual Report of Renal Care Group, Inc. (the
"Company") on Form 10-K for the year ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
M. Dill, Executive Vice President and Chief Financial 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 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.


/s/ David M. Dill
------------------------------------
David M. Dill
Executive Vice President and
Chief Financial Officer
March 13, 2006
# C_2009090EN.01002401.xml

| 18.4.2009 | EN | Official Journal of the European Union | C 90/24 |
| --- | --- | --- | --- |

18.4.2009

EN

Official Journal of the European Union

C 90/24

---

Judgment of the Court of First Instance of 4 March 2009 — Italy v Commission

(Case T-424/05) (1)

1

(State aid - Aid scheme established by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies - Decision declaring the aid to be incompatible with the common market - Obligation to state reasons - Selective nature of the measure - Effect on trade between the Member States and distortion of competition - Article 87(3)(c) EC)

2009/C 90/37

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented by: P. Gentili, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, acting as Agents)

Defendant:

Re:

Re:

Action for annulment of Commission Decision 2006/638/EC of 6 September 2005 on the aid scheme implemented by Italy for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies listed on regulated markets (OJ 2006 L 268, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | dismisses the action; |
| --- | --- |

1.

dismisses the action;

| 2. | orders the Italian Republic to pay the costs. |
| --- | --- |

2.

orders the Italian Republic to pay the costs.

---

(1)  OJ C 22, 28.1.2006.

1

---
Exhibit 31.2

CERTIFICATION

I, Robert J. Driessnack, Chief Financial Officer, certify that:

1. I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of Intermec, Inc.; and

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.

Date: April 29, 2013



|                                                 
|-------------------------------------------------
|/s/ Robert J. Driessnack                         
|Senior Vice President and Chief Financial Officer
##### 



EXHIBIT 99.2

TRAVELERS PROPERTY CASUALTY CORP.

CERTIFICATION OF CHIEF FINANCIAL
OFFICER


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 annual report of Travelers
Property Casualty Corp. (the Company) on Form 10-K
for the fiscal year ended December 31, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the
Report), I, Jay S. Benet, Chief Financial 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:



| |    |                                                                                                                                                             
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------
| | 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 this 4th day of March, 2003



|                        | 
|----------------------- | 
|/s/ JAY S. BENET        | 
|                        | 
|Jay S. Benet            | 
|Chief Financial Officer | 

124
# C_2008301EN.01006701.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/67 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/67

---

Order of the Civil Service Tribunal of 4 September 2008 — Ehrhardt v Parliament

(Case F-54/05) (1)

1

(2008/C 301/130)

Language of the case: French

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 229, 17.9.2005, p. 29.

1

---