alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008008EN.01000701.xml

| 12.1.2008 | EN | Official Journal of the European Union | C 8/7 |
| --- | --- | --- | --- |

12.1.2008

EN

Official Journal of the European Union

C 8/7

---

Appeal brought on 5 November 2007 by Galileo Lebensmittel GmbH & Co KG against the order of the Court of First Instance (Second Chamber) delivered on 28 August 2007 in Case T-46/06 Galileo Lebensmittel GmbH & Co KG v Commission of the European Communities

(Case C-483/07 P)

(2008/C 8/13)

Language of the case: German

Parties

Appellant: Galileo Lebensmittel GmbH & Co KG (represented by: K. Bott, lawyer)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought by the appellant

| 1. | Set aside the order of the Second Chamber of the Court of First Instance of the European Communities of 28 August 2007 and |
| --- | --- |

1.

Set aside the order of the Second Chamber of the Court of First Instance of the European Communities of 28 August 2007 and

| 2. | Annul the respondent's decision to reserve the Domain galileo.eu; |
| --- | --- |

2.

Annul the respondent's decision to reserve the Domain galileo.eu;

| 3. | Order the respondent to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance; |
| --- | --- |

3.

Order the respondent to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance;

| 4. | Only in the alternative to the orders sought under points 2 and 3 above, refer the case back to the Court of First Instance and order the respondent to pay the costs of the appeal proceedings. |
| --- | --- |

4.

Only in the alternative to the orders sought under points 2 and 3 above, refer the case back to the Court of First Instance and order the respondent to pay the costs of the appeal proceedings.

Pleas in law and main arguments

The appellant contends in this appeal that there has been an infringement of Community law (second sentence of Article 58(1) of the Court Statute), namely the fourth paragraph of Article 230 EC. According to the appellant, the Court of First Instance committed such a legal infringement by dismissing its action as inadmissible on the basis that the appellant was not ‘individually concerned’ by the contested decision of the respondent to reserve the domain galileo.eu for itself. The appellant regards itself as individually concerned within the meaning of the case-law of the Court of Justice by the decision of the Commission to reserve the Domain galileo.eu for itself, on the ground of its rights in respect of the German word mark Galileo, on the ground of its legal standing in the registration procedure conferred on it by Commission Regulation 874/2004 and on the basis that the Domain galileo.eu is a marketable economic asset and can only be allocated once.

---
STATE of North Carolina v. Caleb J. LUCKY, III

No. 101P17

Supreme Court of North Carolina.

May 3, 2017

*40Caleb J. Lucky, III, for Lucky, Caleb J. (III)

Daniel P. O'Brien, Special Deputy Attorney General, Howard S. Boney, Jr., District Attorney, for State of N.C.

***ORDER***

Upon consideration of the petition filed by Defendant on the 29th of March 2017 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Unknown County:

"Denied by order of the Court in conference, this the 3rd of May 2017."
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 24, 2007 Clifford W. Taylor,

 Chief Justice 

134151 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: 134151 

 COA: 273808 

Oakland CC: 04-196772-FH 

TAMERRA MARIE WASHINGTON, 

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 23, 2007 order 

of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

consideration as on leave granted. 

l0917 

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 24, 2007 

 Clerk
State of North Carolina v. Paul Everette Leach III, Defendant.

No. COA16-317

Court of Appeals of North Carolina.

Filed: October 4, 2016

AFFIRMED.
Latwang Janell Reid v. State of North Carolina

No. 271A16

Supreme Court of North Carolina.

December 8, 2016.

Mr. Latwang Janell Reid, Pro Se.

Mr. Joseph Finarelli, Special Deputy Attorney General, For State of North Carolina.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff on the 20th of July 2016 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 8th of December 2016."
State v. Michael A. Sorbello

406P16-1

Supreme Court of North Carolina.

December 8, 2016

Michael A. Sorbello, for Sorbello, Michael A.

Kimberly N. Callahan, Assistant Attorney General, Michael Bonfoey, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 27th of October 2016 by Defendant for Petition for Discretionary Review:

"Motion Dismissed by order of the Court in conference, this the 8th of December 2016."
# C_2009032EN.01003101.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/31 |
| --- | --- | --- | --- |

7.2.2009

EN

Official Journal of the European Union

C 32/31

---

Order of the Court of First Instance of 9 December 2008 — Colgate-Palmolive v OHIM — CMS Hasche Sigle (VISIBLE WHITE)

(Case T-136/07) (1)

1

(Community trade mark - Invalidity proceedings - Community word mark VISIBLE WHITE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 32/57)

Language of the case: English

Parties

Applicant: Colgate-Palmolive Co. (New York, New York, United States) (represented by: M. Zintler, H. Harmeling and K.-U. Plath, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: CMS Hasche Sigle (Cologne, Germany)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co.

Operative part of the order

The Court:

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

1.

Dismisses the action;

| 2. | Orders Colgate-Palmolive Co. to pay the costs. |
| --- | --- |

2.

Orders Colgate-Palmolive Co. to pay the costs.

---

(1)  OJ C 140, 23.6.2007.

1

---
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 18

- 00849

- CV

Craig Erich HEILMANN

, Appellant

v.

Deanna Rae HEILMANN

, Appellee

From the 166th Judicial District Court

, Bexar County, Texas

Trial Court No. 2000

- CI

- 02542

Honorable Laura Salinas , Judge Presiding 1

BEFORE JUSTICE CHAPA

, JUSTICE RIOS , AND JUSTICE RODRIGUEZ

In accordance with this court’s memorandum opinion of this date, the appellant’s motion for rehearing is DENIED, and our August 5, 2020 opinion and judgment are withdraw n. T he trial court’s August 30, 2018 final order and its October 19, 2018 amended order for turnover relief are AFFIRMED. The costs of this appeal are taxed against the appellant.

SIGNED October 28, 2020.

_____________________________ Irene Rios, Justice

1 The Honorable Laura Salinas signed the final order, and the Honorable John Gabriel signed both the turnover order

and the amended order for turnover relief.
STATE of North Carolina, v. Cornelius Demetric GRIFFIN, Defendant.

No. COA15-492.

Court of Appeals of North Carolina.

May 3, 2016.

**Case Reported Without Published Opinion**

No Error.
# Official Journal C 403/13 N

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 403 |
| | |
| English edition | Information and Notices | Volume 5713 November 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 403

English edition

Information and Notices

Volume 5713 November 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 403/01 | Communication from the Commission to the European parliament, the Council and the Court of auditors — Consolidated annual accounts of the European Union 2013 | 1 |
| 2014/C 403/02 | The Court's statement of assurance provided to the European Parliament and the Council — Independent auditor’s report | 128 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 403/01

Communication from the Commission to the European parliament, the Council and the Court of auditors — Consolidated annual accounts of the European Union 2013

1

2014/C 403/02

The Court's statement of assurance provided to the European Parliament and the Council — Independent auditor’s report

128

---

| EN | |
| --- | --- |

EN
# C_2009044EN.01004601.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/46 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/46

---

Judgment of the Court of First Instance of 18 December 2008 — Lofaro v Commission

(Case T-293/07 P) (1)

1

(Appeal - Staff cases - Temporary staff - Time-limit for complaint - Date of bringing of complaint - Receipt by the Administration - Principle of legal certainty)

(2009/C 44/79)

Language of the case: French

Parties

Appellant: Alessandro Lofaro (Brussels, Belgium) (represented by: J.-L. Laffineur, lawyer)

Appellant:

Respondent: Commission of the European Communities (represented by: J. Currall and K. Hermann, Agents)

Respondent:

Re:

Appeal against the order of 24 May 2007 of the European Union Civil Service Tribunal (Third Chamber) in Joined Cases F-27/06 and F-75/06 Lofaro v Commission (not yet published in the ECR) seeking the setting aside of that order

Lofaro

Commission

Operative part of the judgment

The Court:

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

1.

Dismisses the appeal;

| 2. | Orders Mr Alessandro Lofaro to bear his own costs and pay the Commission's costs before the Court of First Intance. |
| --- | --- |

2.

Orders Mr Alessandro Lofaro to bear his own costs and pay the Commission's costs before the Court of First Intance.

---

(1)  OJ C 223, 22.9.2007.

1

---
State of North Carolina v. Ralph Franklin Fredrick

No. 379P10-5

Supreme Court of North Carolina.

August 18, 2016

Ralph F. Fredrick, for Fredrick, Ralph Franklin.

Anne M. Middleton, Special Deputy Attorney General, for State of North Carolina.

***ORDER***

The following order has been entered on the motion filed on the 19th of May 2016 by Defendant for Notice of Appeal:

"Motion Dismissed by order of the Court in conference, this the 18th of August 2016."

Upon consideration of the petition filed by Defendant on the 19th of May 2016 in this *787matter for a writ of certiorari to review the order of the Superior Court, Rutherford 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."
Exhibit 32.1  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 Innocap, Inc. (the Company) on Form 10-Q for the period ended October 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, B. Alva Schoomer, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  1. The Report fully complies with 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 result of operations of the Company.  /s/ B. Alva Schoomer B. Alva Schoomer Chief Executive Officer and Chief Financial Officer November 27, 2007
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 7, 2005, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Portland Cement Association (“PCA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, the Rocky Mountain Concrete Promotion Council has changed its name to the Rocky Mountain Cement Council, Denver, CO.                

                    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PCA intends to file additional written notification disclosing all changes in membership.                          ( print page 56737)    

                    On January 7, 1985, PCA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on February 5, 1985 (50 FR 5015).                

                    The last notification was filed with the Department on May 31, 2005. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on July 7, 2005 (70 FR 39339).                

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 05-19293 Filed 9-27-05; 8:45 am]

BILLING CODE 4410-11-M
# Fourth Court of Appeals

**San Antonio, Texas**

December 2, 2014

No. 04

- 14

- 00819

- CR

IN RE Christopher S. ORTIZ

Original Mandamus Proceeding 1

ORDER

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Patricia O. Alvarez, Justic e

On November 25 , 2014, relator filed a pro se petition for writ of mandamus. The court

has considered relator’s petition and determined that we do not have jurisdiction to consider the

requested relief. The petition is DISMISSED FOR LACK OF JURISDICTION

. The court’s

opinion will issue at a later date.

It is so ORDERED on December 2 nd , 2014.

_____________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of t he said

court on this 2 nd day of December, 2014

.

_____________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2009CR11043, styled The State of Texas v. Christopher S. Ortiz , pending

in the 227th Judicial District Court, Bexar County, Texas , the Honorable Philip A. Kazen Jr. presiding.
<PAGE>
 
                                                                    Exhibit 23.2


                        CONSENT OF INDEPENDENT ACCOUNTANT


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (file nos. 333-05379, 333-27841, 333-47793, and
333-62969) and in the Registration Statements on Form S-8 (file nos. 333-70539,
33-82976 and 33-95138) of our report, dated February 19, 1998, with respect to
the 1996 and 1997 financial statements of Ancor Communications, Incorporated
included in this Annual Report on Form 10-K.



                                              /s/ McGladrey & Pullen, LLP




Minneapolis, Minnesota
March 19, 1999
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7266

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

CECIL EDWARD WAMPLER, JR., 

 Defendant – Appellant. 

Appeal from the United States District Court for the Western 

District of Virginia, at Abingdon. James C. Turk, Senior 

District Judge. (1:04-cr-00067-jct-mfu-1; 1:08-cv-80020) 

Submitted: October 14, 2008 Decided: October 20, 2008 

Before KING, GREGORY, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Cecil Edward Wampler, Jr., Appellant Pro Se. Jennifer R. 

Bockhorst, Assistant United States Attorney, Abingdon, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Cecil Edward Wampler, Jr., seeks to appeal the 

district court’s order dismissing as untimely his 28 U.S.C. 

§ 2255 (2000) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Wampler has 

not made the requisite showing. Accordingly, we deny a 

certificate of appealability and dismiss the appeal. 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. 

DISMISSED
EXHIBIT 32.1



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 Rockport Healthcare Group, Inc. (the Company) on Form 10-KSB for the period ended March 31, 2006, as filed with the Securities and Exchange Commission (the Report), each of the undersigned, in the capacities and on the dates 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:



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 operation of the Company.





Dated:  August 14, 2006

/s/ Harry M. Neer

Name: Harry M. Neer

Title:  Chief Executive Officer



Dated:  August 14, 2006

/s/ Larry K. Hinson

Name: Larry K. Hinson

Title:  Chief Financial Officer
# C_2008209EN.01001202.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/12 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/12

---

Judgment of the Court (Eighth Chamber) of 24 June 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-272/07) (1)

1

(Public procurement - Directive 2004/18/EC - Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts - Failure to implement within the prescribed time-limit)

(2008/C 209/17)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky and D. Kukovec, Agents,)

Applicant:

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the prescribed time-limit, the measures necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114)

Operative part of the judgment

The Court:

| 1. | Declares that, in failing to adopt, within the prescribed time-limit, all the laws, regulations and administrative provisions necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, in failing to adopt, within the prescribed time-limit, all the laws, regulations and administrative provisions necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 211, 8.9.2007.

1

---