alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014194EN.01003001.xml

| 24.6.2014 | EN | Official Journal of the European Union | C 194/30 |
| --- | --- | --- | --- |

24.6.2014

EN

Official Journal of the European Union

C 194/30

---

Action brought on 11 April 2014 — Norma Lebensmittelfilialbetrieb v OHIM — Yorma’s (Yorma Eberl)

(Case T-229/14)

2014/C 194/38

Language of the case: German

Parties

Parties

Applicant: Norma Lebensmittelfilialbetrieb Stiftung & Co. KG (Nuremberg, Germany) (represented by: A. Parr, 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: Yorma’s AG (Deggendorf, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 February 2014 in Case R 532/2013-4; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 February 2014 in Case R 532/2013-4;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Yorma’s AG

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘Yorma Eberl’ for goods and services in Classes 3, 5, 21, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 40 and 43 — Community trade mark application No 9 9 40  289

Community trade mark concerned:

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

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

Mark or sign cited in opposition: The trade and firm name in commercial use and national and Community word marks NORMA for goods and services in Classes 3, 5, 8, 9, 11, 16, 18, 21, 22, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 41 and 42

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009

| — | Infringement of Article 8(4) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 8(4) of Regulation No 207/2009

---
* Pursuant to 5TH CIR. 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 5TH CIR. R.

47.5.4.

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 97-41336

Summary Calendar

_________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TAURUS KARTIK,

Defendant - Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

(6:96-CR-59-3)

September 3, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Taurus Kartik appeals his conviction following a jury trial

for armed robbery of a bus, possession of a firearm during a crime

of violence, and possession of a short-barreled shotgun during a

crime of violence. Kartik argues that the district court’s jury

instruction on duress improperly placed the burden of proof on him

and that, in any event, he demonstrated by a preponderance of the
 

1 To the extent that Kartik argues that we should overrule our prior

case law on duress, we note our firmly established rule that one panel lacks the

power to overrule a binding decision of a prior panel. See, e.g., Harris v.

Sentry Title Co., Inc., 806 F.2d 1272, 1282 (5th Cir. 1987). Kartik should press

this argument, if he so desires, to this court en banc or to the Supreme Court.

-2-

evidence that he acted under duress. 

We reject Kartik’s argument that the trial court incorrectly

instructed the jury on duress. In the Fifth Circuit, “justification

defenses are affirmative defenses,” and the burden to establish

each element of the duress defense rests with the defendant. See

United States v. Gant, 691 F.2d 1159, 1165 (5th Cir. 1982). The

trial court drew its instruction from the Fifth Circuit pattern

jury instructions and correctly stated our law on duress.1 See

United States v. Willis, 38 F.3d 170, 179 (5th Cir. 1994).

We also reject Kartik’s argument that he established by a

preponderance of the evidence that he acted under duress. As the

district court noted, the evidence tended to show that Kartik was

under “serious coercion” from the other participants in the bus

robbery. The district court, however, gave Kartik full latitude to

present this argument to the jury; the jury simply rejected it.

Because we review a jury verdict only to determine whether a

rational trier of fact could not have “found the essential elements

of the offense beyond a reasonable doubt,” United States v. Gallo,

927 F.2d 815, 820 (5th Cir. 1991), we conclude that Kartik’s

challenge to the jury verdict must fail. Moreover, as a legal

matter, in order to succeed on a duress defense, a defendant must

show, inter alia, that no opportunity to escape or to avoid the

threatened harm existed. See United States v. Liu, 960 F.2d 449,
-3-

454 (5th Cir. 1992). Kartik had ample opportunity to call the

police in the two days prior to the robbery. See Gant, 691 F.2d at

1164 (rejecting duress defense because defendant had the

opportunity to call police, but did not do so). 

AFFIRMED.
Editorial Note on Part 882
Editorial Note: Nomenclature changes to part 882 appear at 73 FR 35341, June 23, 2008.

§ 882.4840 Manual rongeur. ( a ) *Identification.* A manual rongeur is a manually operated instrument used for cutting or biting bone during surgery involving the skull or spinal column.
( b ) *Classification.* Class II (performance standards).
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          59,547
<SECURITIES>                                         0
<RECEIVABLES>                                1,760,277
<ALLOWANCES>                                   329,518
<INVENTORY>                                    443,745
<CURRENT-ASSETS>                             2,071,089
<PP&E>                                       1,976,214
<DEPRECIATION>                               1,659,934
<TOTAL-ASSETS>                               4,101,944
<CURRENT-LIABILITIES>                        6,731,618
<BONDS>                                      4,204,699
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           221
<OTHER-SE>                                  (5,107,824)
<TOTAL-LIABILITY-AND-EQUITY>                 4,101,944
<SALES>                                      7,008,930
<TOTAL-REVENUES>                             7,008,930
<CGS>                                        8,268,034
<TOTAL-COSTS>                                8,268,034
<OTHER-EXPENSES>                             2,426,193
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             419,934
<INCOME-PRETAX>                             (4,105,231)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (4,105,231)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (4,105,231)
<EPS-BASIC>                                      (0.01)
<EPS-DILUTED>                                    (0.01)


</TABLE>
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.1905 Dental x-ray film holder. ( a ) *Identification.* A dental x-ray film holder is a device intended to position and to hold x-ray film inside the mouth.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9. If the device is not labeled or otherwise represented as sterile, it is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exceptions of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[52 FR 30097, Aug. 12, 1987, as amended at 54 FR 13830, Apr. 5, 1989; 66 FR 38797, July 25, 2001]
<PAGE>   1
                                                                    Exhibit 23.1

     

                           CONSENT OF INDEPENDENT ACCOUNTANTS

   
We consent to the inclusion in Intracel Corporation's registration statement on
Form S-1 (File No. 333-58819) of our report dated April 24, 1998, except for the
second paragraph of Note 12 as to which the date is May 14, 1998 and the first
paragraph of Note 9 and Notes 14 and 15 as to which the date is December 28,
1998, on our audit of the 1997 financial statements of Intracel Corporation. We
also consent to the reference to our firm under the caption "Experts".


/s/ PricewaterhouseCoopers LLP


PricewaterhouseCoopers LLP
Seattle, Washington
December 31, 1998
PAD District / Refinery Location

Total Atmospheric

Distillation

Capacity (bbl/cd)

Crude Oil Total Downstream

Charge Capacity

(bbl/sd)

Date 

Operable

Date of Last

Operation

Date

Shutdown

Table 11. New, Shutdown and Reactivated Refineries During 2010

a b

REACTIVATED

PAD District I 182,200 466,700

Delaware City Refining Co 

LLC

Delaware City, DE 182,200 466,700 01/11 11/09

OTHER

PAD District III 0 0

Belvieu Environmental Fuels Mont Belvieu, TX 0 0

 c a

b

bbl/cd=Barrels per calendar day.

bbl/sd=Barrels per stream day.

Sources: Energy Information Administration (EIA) Form EIA-810, "Monthly Refinery Report" and Form EIA-820, "Annual Refinery Report."

c Belvieu Environmental Fuels does not have any atmospheric crude oil distillation capactiy or downstream charge capacity. In 2010, they converted their 

isooctane production capacity to MTBE production. They were removed from the refinery counts as of January 1, 2011.

51 Energy Information Administration, Refinery Capacity 2011
#### § 808.3 Definitions.

*Compelling local conditions* includes any factors, considerations, or circumstances prevailing in, or characteristic of, the geographic area or population of the State or political subdivision that justify exemption from preemption.

*More stringent* refers to a requirement of greater restrictiveness or one that is expected to afford to those who may be exposed to a risk of injury from a device a higher degree of protection than is afforded by a requirement applicable to the device under the Federal Food, Drug, and Cosmetic Act.

*Political subdivision* or *locality* means any lawfully established local governmental unit within a State which unit has the authority to establish or continue in effect any requirement having the force and effect of law with respect to a device intended for human use.

*State* means any State or Territory of the United States, including but not limited to, the District of Columbia and the Commonwealth of Puerto Rico.

*Substantially identical to* refers to the fact that a State or local requirement does not significantly differ in effect from a Federal requirement.

[87 FR 50762, Aug. 17, 2022]
Editorial Note on Part 878
Editorial Note: Nomenclature changes to part 878 appear at 73 FR 35341, June 23, 2008.

§ 878.4493 Absorbable poly(glycolide/l-lactide) surgical suture. ( a ) *Identification.* An absorbable poly(glycolide/l-lactide) surgical suture (PGL suture) is an absorbable sterile, flexible strand as prepared and synthesized from homopolymers of glycolide and copolymers made from 90 percent glycolide and 10 percent l-lactide, and is indicated for use in soft tissue approximation. A PGL suture meets United States Pharmacopeia (U.S.P.) requirements as described in the U.S.P. “Monograph for Absorbable Surgical Sutures;” it may be monofilament or multifilament (braided) in form; it may be uncoated or coated; and it may be undyed or dyed with an FDA-approved color additive. Also, the suture may be provided with or without a standard needle attached.
( b ) *Classification.* Class II (special controls). The special control for this device is FDA's “Class II Special Controls Guidance Document: Surgical Sutures; Guidance for Industry and FDA.” See § 878.1(e) for the availability of this guidance document.
[56 FR 47151, Sept. 18, 1991, as amended at 68 FR 32984, June 3, 2003]
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 Reported in House (RH)]

<DOC>

                                                  House Calendar No. 32
118th CONGRESS
  1st Session
                                H. R. 783

                          [Report No. 118-163]

 To designate the Department of Energy Integrated Engineering Research 
   Center Federal Building located at the Fermi National Accelerator 
  Laboratory in Batavia, Illinois, as the ``Helen Edwards Engineering 
                           Research Center''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

  Mr. Foster (for himself and Ms. Underwood) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                            August 22, 2023

   Reported from the Committee on Transportation and Infrastructure; 
        referred to the House Calendar and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 To designate the Department of Energy Integrated Engineering Research 
   Center Federal Building located at the Fermi National Accelerator 
  Laboratory in Batavia, Illinois, as the ``Helen Edwards Engineering 
                           Research Center''.

 

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

SECTION 1. HELEN EDWARDS ENGINEERING RESEARCH CENTER.

    (a) Designation.--The Department of Energy Integrated Engineering 
Research Center Federal Building located at the Fermi National 
Accelerator Laboratory in Batavia, Illinois, shall be known and 
designated as the ``Helen Edwards Engineering Research Center''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Federal Building 
referred to in subsection (a) shall be deemed to be a reference to the 
``Helen Edwards Engineering Research Center''.
                                                  House Calendar No. 32

118th CONGRESS

  1st Session

                               H. R. 783

                          [Report No. 118-163]

_______________________________________________________________________

                                 A BILL

 To designate the Department of Energy Integrated Engineering Research 
   Center Federal Building located at the Fermi National Accelerator 
  Laboratory in Batavia, Illinois, as the ``Helen Edwards Engineering 
                           Research Center''.

_______________________________________________________________________

                            August 22, 2023

        Referred to the House Calendar and ordered to be printed
```
**Exhibit 34.3**

**KATZ**

**SAPPER**

**& MILLER**

**Report of IndependentRegistered Public Accounting Firm**

Managing Member 

Park Bridge Lender Services LLC 

New York, NY 

We have examined management’s assertion, included in the accompanying Management’s Report on Assessment of 2017 Compliance by Park Bridge LenderServices LLC with Regulation AB Servicing Criteria (“Management’s Report”), that Park Bridge Lender Services LLC (the “Company”) complied with the servicing criteria set forth in Item 1122(d) of the U.S. Securities andExchange Commission’s Regulation AB as of and for the year ended December 31, 2017, excluding those criteria determined by management and noted as not applicable (N/A) within Exhibit B to Management’s Report. The transactions coveredby this report are only those transactions processed by the Company in its capacity as trust advisor or operating advisor for the asset backed securities transactions (the “Platform”) identified in Management’s Report. ReferenceExhibit A to Management’s Report for the transactions covered by this examination. Management is responsible for the Company’s compliance with the applicable servicing criteria. Our responsibility is to express an opinion onmanagement’s assertion about the Company’s compliance with the applicable servicing criteria based on our examination. 

Our examination wasconducted in accordance with standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicing criteria. Ourexamination included tests on a sample basis of the servicing activities related to the Platform, determining whether the Company performed those selected activities in compliance with the applicable servicing criteria during the specified period,and performing such other procedures as we considered necessary in the circumstances. Our procedures were limited to the selected servicing activities performed by the Company during the period covered by this report and, accordingly, such samplesmay not have included servicing activities related to each asset backed transaction included in the Platform. An examination is not designed to detect noncompliance arising from errors that may have occurred prior to the period specified above orsubsequent to our tests that may have affected the Company’s servicing activities during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legaldetermination on the Company’s compliance with the applicable servicing criteria. 

In our opinion, management’s assertion that the Companycomplied with the aforementioned applicable servicing criteria identified in Exhibit B to Management’s Report with respect to the transactions identified in Exhibit A to Management’s Report as of and for the year ended December 31,2017, for the Platform, is fairly stated, in all material aspects. 

/s/ Katz, Sapper & Miller LLP 

New York, NY 

February 15, 2018
Exhibit 99(a)


         Written Statement of the President and Chief Executive Officer
                          Pursuant to 18 U.S.C. ss.1350


     Solely for the purposes of complying with 18 U.S.C. ss.1350, I, the
undersigned President and Chief Executive Officer of Ladish Co., Inc. (the
"Company"), hereby certify, based on my knowledge, that the Quarterly Report on
Form 10-Q of the Company for the quarter ended March 31, 2003 (the "Report")
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934, and that information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.




/s/ Kerry L. Woody
-----------------------------------
Kerry L. Woody
April 28, 2003
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             AUG-31-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                       3,003,488
<SECURITIES>                                 2,059,151
<RECEIVABLES>                                  753,726
<ALLOWANCES>                                         0
<INVENTORY>                                  7,418,957
<CURRENT-ASSETS>                            13,986,365
<PP&E>                                      10,531,475
<DEPRECIATION>                               3,848,144
<TOTAL-ASSETS>                              21,434,850
<CURRENT-LIABILITIES>                        4,194,746
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       306,956
<OTHER-SE>                                  16,938,148
<TOTAL-LIABILITY-AND-EQUITY>                21,434,850
<SALES>                                        864,775
<TOTAL-REVENUES>                               864,775
<CGS>                                        2,305,573
<TOTAL-COSTS>                                2,305,573
<OTHER-EXPENSES>                             7,719,616
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,920
<INCOME-PRETAX>                             (9,028,071)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (9,028,071)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (9,028,071)
<EPS-PRIMARY>                                     (.29)
<EPS-DILUTED>                                        0
        


</TABLE>
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.4450 Vascular clamp. ( a ) *Identification.* A vascular clamp is a surgical instrument used to occlude a blood vessel temporarily.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 880
Editorial Note: Nomenclature changes to part 880 appear at 73 FR 35341, June 23, 2008.

§ 880.6140 Medical chair and table. ( a ) *Identification.* A medical chair or table is a device intended for medical purposes that consists of a chair or table without wheels and not electrically powered which, by reason of special shape or attachments, such as food trays or headrests, or special features such as a built-in raising and lowering mechanism or removable arms, is intended for use of blood donors, geriatric patients, or patients undergoing treatment or examination.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 880.9. The device is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[45 FR 69682, Oct. 21, 1980, as amended at 66 FR 38805, July 25, 2001]