alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012184EN.01001001.xml

| 23.6.2012 | EN | Official Journal of the European Union | C 184/10 |
| --- | --- | --- | --- |

23.6.2012

EN

Official Journal of the European Union

C 184/10

---

Judgment of the General Court of 8 May 2012 — Tsakiris-Mallas v OHIM — Seven (7 Seven Fashion Shoes)

(Case T-244/10) (1)

1

(Community trade mark - Opposition proceedings - Application for Community figurative mark 7 Seven Fashion Shoes - Earlier national figurative marks Seven and 7seven - Partial refusal to register - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 184/16

Language of the case: English

Parties

Parties

Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: N. Simantiras, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven SpA (Leinì, Italy) (represented by D. Sindico, lawyer)

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

Re:

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2012 (R 1045/2009-2) relating to opposition proceedings between Seven SpA and Tsakiris-Mallas AE.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Tsakiris-Mallas AE to pay the costs. |
| --- | --- |

2.

Orders Tsakiris-Mallas AE to pay the costs.

---

(1)  OJ C 221, 14.8.2010.

1

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


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of Guilford Mills, inc. for the year ended September 28,
1997, and is qualified in its entirety by reference to such financial
statements.       
</LEGEND>
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              SEP-28-1997
<PERIOD-START>                                 SEP-30-1996
<PERIOD-END>                                   SEP-28-1997
<EXCHANGE-RATE>                                1
<CASH>                                         24,349
<SECURITIES>                                   0
<RECEIVABLES>                                  176,152
<ALLOWANCES>                                   (8,805)
<INVENTORY>                                    141,898
<CURRENT-ASSETS>                               348,617
<PP&E>                                         718,177
<DEPRECIATION>                                 409,654
<TOTAL-ASSETS>                                 729,796
<CURRENT-LIABILITIES>                          134,643
<BONDS>                                        134,560
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       655
<OTHER-SE>                                     408,241
<TOTAL-LIABILITY-AND-EQUITY>                   729,796
<SALES>                                        894,709
<TOTAL-REVENUES>                               894,709
<CGS>                                          713,143
<TOTAL-COSTS>                                  808,100
<OTHER-EXPENSES>                               4,609
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             16,190
<INCOME-PRETAX>                                65,810
<INCOME-TAX>                                   22,572
<INCOME-CONTINUING>                            43,238
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   43,238
<EPS-PRIMARY>                                  1.91
<EPS-DILUTED>                                  1.77
        


</TABLE>
§ 552.20 Purpose and scope. The Bureau of Prisons authorizes staff to use force only as a last alternative after all other reasonable efforts to resolve a situation have failed. When authorized, staff must use only that amount of force necessary to gain control of the inmate, to protect and ensure the safety of inmates, staff, and others, to prevent serious property damage and to ensure institution security and good order. Staff are authorized to apply physical restraints necessary to gain control of an inmate who appears to be dangerous because the inmate: ( a ) Assaults another individual;
( b ) Destroys government property;
( c ) Attempts suicide;
( d ) Inflicts injury upon self; or
( e ) Becomes violent or displays signs of imminent violence.
This rule on application of restraints does not restrict the use of restraints in situations requiring precautionary restraints, particularly in the movement or transfer of inmates (e.g., the use of handcuffs in moving inmates to and from a cell in detention, escorting an inmate to a Special Housing Unit pending investigation, etc.). [59 FR 30469, June 13, 1994, as amended at 61 FR 39800, July 30, 1996]
#### Frierson *v.*Fincher *et al.*

February 22, 1910.

Action for breach of contract.' Before Judge Fite. Whitfield superior court.

December 10, 1908.

*W. E. Mann,*for plaintiff. *Julian McCamy,*for defendants.

Atkinson, J.

The plaintiff and defendants entered into a parol contract, whereby the former undertook to render certain services in subdividing real estate and conducting an auction sale of lots for a commission stipulated to be five per cent, on the amount of such sales as might be made, and afterwards rendered services in subdividing the property and preparing to conduct auction sales under the contract; but the enterprise was abandoned by defendants and the property withdrawn before any sale of lots. Subsequently the plaintiff instituted suit for damages for a breach of the contract, without laying any claim upon a quantum'meruit for the value of his services above mentioned. *Held:*

1. It was erroneous to admit, over appropriate objection by the plaintiff, evidence as to the value of such services. It was also erroneous for the judge to instruct the jury that in the event they should find that no contract was made, nevertheless they would be authorized to find .for the plaintiff the value of the services rendered.

2. The plaintiff was entitled to have his case tried as laid in the pleadings; and the errors referred to in the preceding headnote, in view of the pleadings and all the evidence, were harmful and require the grant of a new trial.

3. Other errors complained of were not of such character as to require the grant of a new trial.

*Judgment reversed.*

*All the Justices concur.*
EXHIBIT 31.2

                  CERTIFICATION BY JOHN H. SHANNON PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, John H. Shannon, certify that:

1. I have reviewed this Annual Report on Form 10-K of Golden Enterprises, Inc.,
for the fiscal year ended May 31, 2003;

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 annual report;

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

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

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

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

(c)  Disclosed in this report any change in the registrant's internal control
     over financial reporting that occurred during the registrant's most recent
     fiscal quarter (the registrant's fourth fiscal quarter in the case of an
     annual report) that has materially affected, or is reasonably likely to
     materially affect, the registrant's internal control over financial
     reporting; and

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

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

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

Date: August 25, 2003

/s/_John_H._Shannon_______________________
John H. Shannon
Vice-President and Chief Financial Officer

                                       45
§ 51.46 Reconsideration of objection at the instance of the Attorney General. ( a ) Where there appears to have been a substantial change in operative fact or relevant law, or where it appears there may have been a misinterpretation of fact or mistake in the law, an objection may be reconsidered, if it is deemed appropriate, at the instance of the Attorney General.
( b ) Notice of such a decision to reconsider shall be given to the submitting authority, to any party who commented on the submission or requested notice of the Attorney General's action thereon, and to interested parties registered under § 51.32, and the Attorney General shall decide whether to withdraw or to continue the objection only after such persons have had a reasonable opportunity to comment.
[52 FR 490, Jan. 6, 1987, as amended by Order No. 3262-2011, 76 FR 21247, Apr. 15, 2011]
<PAGE>   1
                                                                  Exhibit 10(y)

                  SECOND AMENDMENT TO STOCKHOLDERS' AGREEMENT


         THIS SECOND AMENDMENT TO STOCKHOLDERS' AGREEMENT is entered into this
1st day of January, 1995, by and among Charles A. Hayes, ("Hayes"), Maurice
Fishman ("Fishman")  (Messrs. Hayes, Fishman being collectively hereinafter
referred to as the "Stockholders"), and Guilford Mills, Inc., a Delaware
Corporation (the "Company".)


                                  WITNESSETH:


         WHEREAS, the Stockholders and the Company entered into a Stockholders'
Agreement, dated April 30, 1991, as amended, pursuant to which the Company is
required to purchase, upon the death of either Hayes or Fishman, such number of
shares of his Company  common stock as equals $5,000,000 and $4,000,000,
respectively (the "1991 Stockholders' Agreement"); and

         WHEREAS, the Stockholders and the Company believe that it is desirable
to amend the 1991 Stockholders' Agreement in order to clarify that such
agreement applies to all shares of Company common stock beneficially owned by
any Stockholder.

         NOW, THEREFORE, in consideration of the covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and parties hereto agree as
follows:

         1.      The following sub[paragraph is added to the 1991 Stockholders'
                 Agreement immediately following paragraph 11:

                          12.     Beneficial Ownership.  For purposes of this
                          Agreement, a person shall be deemed to own shares of
                          Common Stock if he beneficially owns such stock
                          within the meaning of Rule 13-d3, promulgated under
                          the Securities Exchange Act of 1934, as amended,

         2.      Except as otherwise expressly set forth above, the 1991
                 Stockholders' Agreement remains unmodified and in full force
                 and effect.



                  [Signatures appear on the following page]
<PAGE>   2


         IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above mentioned.




                                       STOCKHOLDERS:


                                       _____________________________________
                                       Charles A. Hayes


                                       _____________________________________
                                       Maurice Fishman


                                       GUILFORD MILLS, INC.



                                       By:__________________________________
                                          Terrence E. Geremski
                                          Vice President, Chief Financial
                                          Officer and Treasurer
cdc.gov/coronavirus

316475-Z 06/22/2020

ຮູ້ຈັກອາການຂອງ COVID-19, ເຊິ່ງສາມາດສະແດງອອກດັ່ງຕໍ່ໄປນີ້:

*ໃຫ້ຂໍການເບິ່ງແຍງທາງການແພດທັນທີຖ້າຫາກມີຄົນເກີດມີສນັຍານເຕອນື ສຸກເສນີຂອງພະຍາດ

COVID-19.

• ຫາຍໃຈຍາກ

• ເຈບັ ຫຼືແຫນນ້ ຫນາ້ເອກິຕ່ໍເນ່ອງື

• ຄວາມສບັສນົອນັໃຫມ່

• ບ່ໍມຄວາມ ີ ສາມາດຕ່ນືໄດ້ຫຼືຕ່ນືຢູໂດຍ ່

ທ່ີບ່ໍຫຼບັ

• ຮມີປາກ ຫຼືໃບຫນາ້ກໍາ່ ອອກສຟີ້າອອນ່

ໄອ ໄຂ້ສັ່ນຫນາວ ເຈັບກ້າມຊີ້ນ

ຫາຍໃຈຖີ່ຫຼື

ຫາຍໃຈຍາກ*

ກິນບໍ່ຮູ້ລົດຊາດ

ຫຼືດົມບໍ່ໄດ້ກິ່ນ

ເຈັບຄໍ

ອາການຕ່າງໆສາມາດສະແດງໃຫ້ເຫັນຕັ້ງແຕ່ການເຈັບເປັນເລັກນ້ອຍເຖິງເຈັບຫນັກ ແລະ ປະກົດໃຫ້

ເຫັນໃນ 2-14 ວັນຫຼັງຈາກທ່ານໄດ້ສໍາຜັດກັບເຊື້ອໄວຣັສທີ່ເຮັດໃຫ້ເກີດພະຍາດ COVID-19. 

ລາຍການນບີ້່ໍແມນ່ ຈະສະແດງເຖງິອາການທ່ີເປັນໄປໄດທ້ ງັຫມດົ. ກະລຸນາໂທຫາຜູໃຫ້ ບ້ ໍລການ ິ ທາງການແພດຂອງທານ່ ສໍາລບັອາ

ການອ່ນືໃດຫນ່ຶງທ່ີຮຸນແຮງ ຫຼືກຽວ່ ຂອງ້ ກບັທານ່ .

ໄຂ້

ອາການຂອງພະຍາດໄວຣັດໂຄໂຣນາ (COVID-19)
IIA 

116TH CONGRESS 

2D SESSION S. J. RES. 66 

Providing for the appointment of Denise O’Leary as a citizen regent of 

the Board of Regents of the Smithsonian Institution. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2020 

Mr. BOOZMAN (for himself, Mr. PERDUE, and Mr. LEAHY) introduced the following joint resolution; which was read twice, considered, read the third 

time, and passed 

JOINT RESOLUTION 

Providing for the appointment of Denise O’Leary as a citizen 

regent of the Board of Regents of the Smithsonian Institution. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That, in accordance with section 5581 of the Revised Stat4 utes (20 U.S.C. 43), the vacancy on the Board of Regents 

5 of the Smithsonian Institution, in the class other than 

6 Members of Congress, occurring by reason of the resigna7 tion of Barbara M. Barrett of Arizona on October 17, 

8 2019, is filled by the appointment of Denise O’Leary of 

9 Colorado. The appointment is for a term of six years, beVerDate Sep 11 2014 23:41 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ66.CPS SJ66

pamtmann on DSKBC07HB2PROD with BILLS
2 

•SJ 66 CPS 

1 ginning on the date of the enactment of this joint resolu2 tion. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10652 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ALBINO ESPINO-GONZALES, also known as Albino Espino-Gonzalez, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 6:95-CR-18-ALL-C

- - - - - - - - - - October 29, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Albino Espino-Gonzales (Espino) has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Espino has received a copy of counsel’s motion and brief but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal. Accordingly, counsel’s motionNo. 01-10652 -2- for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
No.AP-77.036

FILED IN

COURT OF CRIMINALAPPEALS

AUGUST 7, 2015

ABEL ACOSTA, CLERK

In the

Court of Criminal Appeals of Texas

At Austin

No. 1412826

In the 179th District Court

Of Harris County, Texas

JUAN BALDERAS aka APACHE

Appellant

v.

THE STATE OF TEXAS

Appellee

STATE'S UNOPPOSED MOTION

TO RESCHEDULE ORAL ARGUMENT

AP-77,03'

COURT OF CRIMINAL APPEAL

AUSTIN, TEXA

Transmitted 8/7/2015 10:33:00 Al

Accepted 8/7/2015 10:35:53 Al

ABEL ACOST

CLER

To the Honorable Court of Appeals:

This Court has scheduled that the case be submitted on oral arguments

on September 16, 2015. The State requests that this Court reschedule the oral

arguments in this case for a later date. In support of this motion, the State

would show the following:

1. This is a capital murder conviction for which the penalty has been

assessed at death. The record in this case is extensive, as is the

briefing of the parties.
2. The State's appellate counsel has a pre-paid extended international

vacation covering early September. The return flight (which is 13

hours long) is scheduled to land in Houston at 6 pm on Monday,

September 14. Assuming the flight arrives on time, that is 39 hours

before the presently scheduled oral argument in this case. Factoring

in jet lag, reacclimating to the central time zone, and then driving to

Austin, the State's appellate counsel does not believe he will have

enough time to adequately prepare for argument on September 16,

and, moreover, it is possible that he will not be in top mental form

that day. The State's appellate counsel considered using some of his

vacation to prepare for argument, but the State's appellate counsel

still does his reading and research on paper, and the logistics of

carrying around the appellate record in a death case on an extended

vacation make that option extremely impractical.

3. The undersigned attorney has spoken with defense counsel, Scott

Shearer, and he is not opposed to rescheduling oral argument.
WHEREFORE, the State prays that this Court will reschedule oral argument for

a date later than September 16.

Respectfully submitted,

/s/ C.A. Morgan

Clinton A. Morgan

Assistant District Attorney

Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002-1923

(713)755-5826

morgan clinton(5)dao.hctx.net

TBC No. 24071454
CERTIFICATE OF SERVICE

I certify that I have requested that efile.txcourts.gov electronically serve

a copy ofthis motion to:

R. Scott Shearer

shearerlegal(5)yahoo.com

Counsel for Appellant

Date: August 7. 2015

/s/ C.A. Morgan

Clinton A. Morgan

Assistant District Attorney

Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002-1923

(713) 755-5826

morgan clinton(5)dao.hctx.net

TBC No. 24071454
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Page 15358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6549]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 7373]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Before the Pyramids: The Origins of Egyptian 
Civilization''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000, I hereby determine that the objects to be 
included in the exhibition ``Before the Pyramids: The Origins of 
Egyptian Civilization'' imported from abroad for temporary exhibition 
within the United States, are of cultural significance. The objects are 
imported pursuant to a loan agreement with the foreign owner or 
custodian. I also determine that the exhibition or display of the 
exhibit objects at The Oriental Institute Museum of the University of 
Chicago, Chicago, IL, from on or about March 28, 2011, until on or 
about December 31, 2011, and at possible additional exhibitions or 
venues yet to be determined, is in the national interest. I have 
ordered that Public Notice of these Determinations be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: March 14, 2011.
Ann Stock,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2011-6549 Filed 3-18-11; 8:45 am]
BILLING CODE 4710-05-P