alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013260EN.01000302.xml

| 7.9.2013 | EN | Official Journal of the European Union | C 260/3 |
| --- | --- | --- | --- |

7.9.2013

EN

Official Journal of the European Union

C 260/3

---

Judgment of the Court (Third Chamber) of 18 July 2013 — Fédération internationale de football association (FIFA) v European Commission, Kingdom of Belgium, and United Kingdom of Great Britain and Northern Ireland

(Case C-204/11 P) (1)

1

(Appeals - Television broadcasting - Directive 89/552/EEC - Article 3a - Measures taken by the Kingdom of Belgium concerning events of major importance for the society of that Member State - Football World Cup - Decision declaring the measures compatible with European Union law - Statement of reasons - Articles 43 EC and 49 EC - Right to property)

2013/C 260/04

Language of the case: English

Parties

Parties

Appellant: Fédération internationale de football association (FIFA) (represented by: A. Barav and D. Reymond, avocats)

Appellant:

Other parties to the proceedings: European Commission (represented by: E. Montaguti and N. Yerrell, acting as Agents, and M. Gray, Barrister), Kingdom of Belgium (represented by: C. Pochet and J.-C. Halleux, acting as Agents, and A. Joachimowicz and J. Stuyck, advocaten), United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski and J. Beeko, and Agents, assisted by T. de la Mare QC)

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 17 February 2011 in Case T-385/07 Fédération Internationale de Football Association (FIFA) v Commission, dismissing an action seeking the annulment of Commission Decision 2007/479/EC of 25 June 2007 declaring compatible with Community law measures taken by Belgium pursuant to Article 3a(1) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2007 L 180, p. 24)

Fédération Internationale de Football Association (FIFA)

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the appeal;

| 2. | Orders the Fédération internationale de football association (FIFA) to pay the costs. |
| --- | --- |

2.

Orders the Fédération internationale de football association (FIFA) to pay the costs.

---

(1)  OJ C 232, 6.8.2011.

1

---
II

106TH CONGRESS

1ST SESSION S. 1359

To amend chapter 51 of title 49, United States Code, to extend the coverage

of the rules governing the transportation of hazardous materials, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 13 (legislative day, JULY 12), 1999

Mr. HOLLINGS introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend chapter 51 of title 49, United States Code, to

extend the coverage of the rules governing the transportation of hazardous materials, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postal Hazardous Ma5 terials Safety Enhancement Act’’.

6 SEC. 2. APPLICATION OF HAZMAT REQUIREMENTS.

7 (a) IN GENERAL.—Section 5102(9)(B) of title 49,

8 United States Code, is amended to read as follows:
2

S 1359 IS

1 ‘‘(B) for purposes of sections 5123 and

2 5124 of this title, does not include a depart3 ment, agency, or instrumentality of the Govern4 ment.’’.

5 (b) COORDINATION.—In carrying out the provisions

6 of chapter 51 of title 49, United States Code, the Sec7 retary of Transportation shall consult with the Postmaster

8 General in order to coordinate, to the greatest extent fea9 sible, the enforcement of that chapter.

10 SEC. 3. TRANSPORTATION OF HAZARDOUS MATERIALS VIA

11 THE UNITED STATES MAIL.

12 (a) IN GENERAL.—Section 5102 of title 49, United

13 States Code, is amended by—

14 (1) redesignating paragraph (13) as paragraph

15 (14); and

16 (2) inserting after paragraph (12) the following:

17 ‘‘(13) ‘transportation of hazardous material in

18 commerce’ and ‘transporting hazardous material in

19 commerce’ include the transportation of hazardous

20 material in the United States mail.’’.

21 (b) REPEAL OF EXCEPTION.—Section 5126(b) of

22 such title is amended to read as follows:
3

S 1359 IS

1 ‘‘(b) NONAPPLICATION.—This chapter does not apply

2 to a pipeline subject to regulation under chapter 601 of

3 this title.’’.

Æ
### SUBCHAPTER I—INVESTMENT COMPANIES
Amendment to Restricted Stock Award Contract between Harish Patel and HCI Group



 Exhibit 10.93 

AMENDMENT TO RESTRICTED STOCK AWARD CONTRACT 

The Restricted Stock Award Contract between HCI Group, Inc. (formerly Homeowners Choice, Inc.) and Harish Patel having a grant date of May 16, 2013 and
by which 24,000 shares of HCI Group, Inc. restricted stock were awarded to Mr. Patel is hereby amended so that the portion of the award relating to 6,000 shares that would vest one year after the Fair Market Value equals or exceeds $50 per share for
20 consecutive trading days is cancelled effective March 2, 2016. 
 Agreed to this 2nd day of
March 2016. 
  

			
	  

	Harish Patel
	
	HCI Group, Inc.
		
	By:	 	  

		 	Paresh Patel, Chief Executive Officer
#### Steven Krisztin, Appellant, v State of New York, Respondent.

[823 NYS2d 919]

In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Nadel, J.), dated September 2, 2005, which denied his motion, inter alia, to vacate an order of the same court dated November 29, 2004, granting, upon his default in appearing at a scheduled conference, the defendant’s motion to dismiss the claim pursuant to 22 NYCRR 206.10 (g).

Ordered that the order is affirmed, with costs.

In moving to vacate the order granting the defendant’s mo*754tion to dismiss his claim, the claimant was required to establish both a reasonable excuse for his default and a meritorious claim *(see*CPLR 5015 [a] [1]; *Blumberg v State of New York,*208 AD2d 581 [1994]). The claimant failed to demonstrate that he has a potentially meritorious claim. Accordingly, the Court of Claims providently exercised its discretion in denying the claimant’s motion. Schmidt, J.P., Ritter, Mastro, Fisher and Dillon, JJ., concur.
# C_2011030EN.01004601.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/46 |
| --- | --- | --- | --- |

29.1.2011

EN

Official Journal of the European Union

C 30/46

---

Action brought on 23 November 2010 — Kessel v OHIM — Janssen-Cilag (Premeno)

(Case T-536/10)

()

2011/C 30/83

Language in which the application was lodged: German

Parties

Parties

Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented by: S. Bund, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany)

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

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2010 in Case R 708/2010-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2010 in Case R 708/2010-4;

| — | Order the defendant and the intervener, in accordance with Article 87(2) and (5) of the Rules of Procedure of the General Court, to pay the costs. |
| --- | --- |

—

Order the defendant and the intervener, in accordance with Article 87(2) and (5) of the Rules of Procedure of the General Court, to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘Premeno’ for goods in Class 5

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Janssen-Cilag GmbH

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the German word mark ‘Pramino’ for goods in Class 5

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 42(2) and (3) of Regulation (EC) No 207/2009 (1), as there is insufficient proof of use of the opposing trade mark and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 as there is no likelihood of confusion of the marks at issue.

Pleas in law:

1

The applicant also submits that the restriction of the list of goods and services is admissible.

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
November 09, 2011 

Mr. Steven Randall 

2833 Alnwick Avenue, Unit 13 

Livermore, CA 94551 

Dear Mr. Randall: 

This letter is to inform you that we are unable to process your request for an exemption. 

It explains why we cannot process your request and what you should do in the next 30 days. 

Why We Cannot Process Your Request 

We entered your October 17, 2011, exemption request into the public docket (No. FAA-2011-

1179), but we are unable to process your request any further. The information you sent does 

not comply with the requirements of 14 CFR 11.81 (copy enclosed). For us to consider the 

request any further, you must send us all of the following: 

 The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief. 

 The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption. 

 Any additional information, views, or arguments available to support your request. 

 The specific reasons why you need to exercise the privileges of your exemption outside 

the United States. 
2 

What You Should Do 

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. We will consider the docket on your request open until we 

receive this required information from you. Please note that 14 CFR 11.63(d) requires you to 

send your petition for exemption at least 120 days before the proposed effective date of the 

exemption. 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 

Sincerely, 

/s/ 

Ida M. Klepper 

Manager, Airmen and 

 Airspace Rules Division

Enclosure
Exhibit 11
<TABLE>
<CAPTION>

                            WEST ESSEX BANCORP, INC.
                        COMPUTATION OF EARNINGS PER SHARE
                        ---------------------------------


                                                                  Three Months Ended                   Six Months Ended
                                                                       June 30,                            June 30,
                                                      -------------------------------------    -------------------------------------
                                                            2002                2001                2002                  2001
                                                       ----------------   ------------------   ----------------     ----------------
<S>                                                      <C>                 <C>               <C>                <C>

Net income                                                 $  855,756        $  712,166         $1,660,199         $1,510,326
                                                           ==========        ==========         ==========         ==========

Weighted average number of common shares outstanding        4,708,626         4,779,825          4,729,225          4,780,196

Common stock equivalents due to dilutive effect
  of potential common shares                                 131,215             82,978            127,807             76,133
                                                           ----------        ----------         ----------         ----------

Total weighted average number of common shares
  and common share equivalents outstanding                  4,839,841         4,862,803          4,857,032          4,856,329
                                                           ==========        ==========         ==========         ==========

Basic earnings per common share                            $     0.18        $     0.15         $     0.35         $     0.32

Diluted earnings per common share                          $     0.18        $     0.15         $     0.34         $     0.31

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           49126
<SECURITIES>                                         0
<RECEIVABLES>                                    13344
<ALLOWANCES>                                         0
<INVENTORY>                                       2077
<CURRENT-ASSETS>                                 67601
<PP&E>                                           39810
<DEPRECIATION>                                   20038
<TOTAL-ASSETS>                                  102369
<CURRENT-LIABILITIES>                            31195
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           128
<OTHER-SE>                                       49667
<TOTAL-LIABILITY-AND-EQUITY>                    102369
<SALES>                                         185701
<TOTAL-REVENUES>                                185701
<CGS>                                           166118
<TOTAL-COSTS>                                   166118
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 511
<INCOME-PRETAX>                                  20713
<INCOME-TAX>                                      8727
<INCOME-CONTINUING>                              11986
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     11986
<EPS-PRIMARY>                                      .93
<EPS-DILUTED>                                      .93
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
SECURITY ASSURANCE HOLDINGS LTD. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER>                  1,000
       
<S>                             <C>
<PERIOD-TYPE>                               9-MOS
<FISCAL-YEAR-END>                     DEC-31-1997
<PERIOD-START>                        JAN-01-1997
<PERIOD-END>                          SEP-30-1997
<DEBT-HELD-FOR-SALE>                    1,459,712 
<DEBT-CARRYING-VALUE>                           0  
<DEBT-MARKET-VALUE>                             0
<EQUITIES>                                 28,190
<MORTGAGE>                                      0  
<REAL-ESTATE>                                   0  
<TOTAL-INVEST>                          1,487,902
<CASH>                                      8,410
<RECOVER-REINSURE>                         30,126
<DEFERRED-ACQUISITION>                    161,038
<TOTAL-ASSETS>                          1,968,221
<POLICY-LOSSES>                            73,112
<UNEARNED-PREMIUMS>                       575,750
<POLICY-OTHER>                                  0  
<POLICY-HOLDER-FUNDS>                           0
<NOTES-PAYABLE>                           130,000
<PREFERRED-MANDATORY>                           0                 
<PREFERRED>                                   700
<COMMON>                                  695,088
<OTHER-SE>                                187,204
<TOTAL-LIABILITY-AND-EQUITY>            1,968,221
<PREMIUMS>                                 79,539
<INVESTMENT-INCOME>                        51,402
<INVESTMENT-GAINS>                          6,648
<OTHER-INCOME>                              9,022
<BENEFITS>                                  6,867
<UNDERWRITING-AMORTIZATION>                20,714
<UNDERWRITING-OTHER>                       18,810
<INCOME-PRETAX>                           100,220
<INCOME-TAX>                               27,512
<INCOME-CONTINUING>                        72,708
<DISCONTINUED>                                  0       
<EXTRAORDINARY>                                 0  
<CHANGES>                                       0  
<NET-INCOME>                               72,708
<EPS-PRIMARY>                                2.42
<EPS-DILUTED>                                2.36
<RESERVE-OPEN>                             72,079
<PROVISION-CURRENT>                         9,748
<PROVISION-PRIOR>                               0       
<PAYMENTS-CURRENT>                              0
<PAYMENTS-PRIOR>                            8,715
<RESERVE-CLOSE>                            73,112
<CUMULATIVE-DEFICIENCY>                         0
        


</TABLE>
§ 203.16 Mailing of checks in payment for livestock purchased for slaughter, for cash and not on credit. ( a ) The Department recognizes that one who sells livestock to a packer, market agency, or dealer, who is purchasing for slaughter, may not intend to be present at the point of transfer of possession of the livestock, to receive payment, at the time a check in payment for such livestock may be delivered by the purchaser, and may not wish to authorize a representative to receive such a check; or for other reasons such a seller may prefer that such a purchaser make payment by mailing a check within the time limit as prescribed in section 409(a) of the Act. In cases when the seller does not intend to be present, he may use the following form of notification to the purchaser: I do not intend to be present at the point of transfer of possession of livestock sold by me to (name of packer, market agency, or dealer) for the purpose of receiving a check in payment for such livestock. I hereby direct (name of packer, market agency, or dealer) to make payment for livestock purchased from me, by mailing a check for the full amount of the purchase price before the close of the next business day following the purchase of livestock and transfer of possession thereof or, in the case of a purchase on a “carcass” or “grade and yield” basis, not later than the close of the first business day following determination of the purchase price. This does not constitute an extension of credit to (name of packer, market agency or dealer). This is subject to cancellation by me at any time, and if not cancelled by (date), it shall terminate on that date.
If the seller, for reasons other than not being present to receive payment, prefers to have the packer, market agency, or dealer make payment by mailing a check within the time limit as provided in section 409(a), he may use the above form but should not include the statement in the first sentence that he does not intend to be present.
( b ) The Department believes that such an agreement would not constitute an extension of credit within the meaning of section 206 of the Act because it would not give the purchaser any more time to issue a check than is provided in section 409(a).
(Approved by the Office of Management and Budget under control number 0580-0015) (Sec. 401, 42 Stat. 168 (7 U.S.C 221); sec. 407, 42 Stat. 169 (7 U.S.C. 228); sec. 409, as added by sec. 7, 90 Stat. 1250 (7 U.S.C. 228b); 7 CFR 2.17, 2.54; 42 FR 35625; Pub. L. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 *et seq.*); 7 U.S.C. 222 and 228 and 15 U.S.C. 46)
[42 FR 49929, Sept. 28, 1977, as amended at 49 FR 39516, Oct. 9, 1984; 68 FR 75388, Dec. 31, 2003; 84 FR 45648, Aug. 30, 2019]
Editorial Note on Part 28
Editorial Note: Nomenclature changes to part 28 appear at 76 FR 76873, Dec. 9, 2011.

§ 28.161 Denial of access to information—Appeals. ( a ) If a request for access to information under § 28.160 is denied, the General Counsel shall give the requester the following information: ( 1 ) The General Counsel's name and business mailing address;
( 2 ) The date of the denial;
( 3 ) The reasons for the denial, including citation of appropriate authorities; and
( 4 ) The individual's right to appeal the denial as set forth in paragraphs (b) and (c) of this section.
( b ) Any individual whose request for access to records of the PAB General Counsel has been denied in whole or in part by the General Counsel may, within 30 days of receipt of the denial, challenge that decision by filing a written request for review of the decision with the Personnel Appeals Board, Room 1566, 441 G Street NW., Washington, DC 20548.
( c ) The appeal shall describe: ( 1 ) The initial request made by the individual for access to records;
( 2 ) The General Counsel's decision denying the request; and
( 3 ) The reasons why that decision should be modified by the Board.
( d ) The Board, en banc, may in its discretion render a decision based on the record, may request oral argument, or may conduct an evidentiary hearing.
[68 FR 69304, Dec. 12, 2003, as amended at 77 FR 15233, Mar. 15, 2012]
# C_2012227EN.01002002.xml

| 28.7.2012 | EN | Official Journal of the European Union | C 227/20 |
| --- | --- | --- | --- |

28.7.2012

EN

Official Journal of the European Union

C 227/20

---

Order of the General Court of 16 December 2011 — Google v OHIM — G-mail (GMail)

(Case T-527/10) (1)

1

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)

2012/C 227/32

Language of the case: English

Parties

Parties

Applicant: Google, Inc. (Wilmington, United States) (represented by: M. Kinkeldey and A. Bognár, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: G-mail GmbH (Los Angeles, United States) (represented by: S. Eble, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2010 (Case R 342/2010-4) in relation to opposition proceedings between Giersch Ventures LLC and Google, Inc.

Operative part of the order

Operative part of the order

| 1. | There is no need to adjudicate on the action. |
| --- | --- |

1.

There is no need to adjudicate on the action.

| 2. | The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant. |
| --- | --- |

2.

The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.

---

(1)  OJ C 30, 29.1.2011.

1

---