alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015073EN.01002902.xml

| 2.3.2015 | EN | Official Journal of the European Union | C 73/29 |
| --- | --- | --- | --- |

2.3.2015

EN

Official Journal of the European Union

C 73/29

---

Judgment of the General Court of 21 January 2015 — Grundig Multimedia v OHIM (GentleCare)

(Case T-188/14) (1)

(Community trade mark - Application for Community word mark GentleCare - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Equal treatment)

(2015/C 073/39)

Language of the case: English

Parties

Applicant: Grundig Multimedia AG (Stansstad, Switzerland) (represented by: S. Walter and M. Neuner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 24 January 2014 (Case R 739/2013-5) confirming rejection of the application for registration of the word sign GentleCare as a Community trade mark.

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders Grundig Multimedia AG to pay the costs. |
| --- | --- |

2)

Orders Grundig Multimedia AG to pay the costs.

---

(1)  OJ C 151, 19.5.2014.

---
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 01-60114 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DUDLEY COTTON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 4:00-CR-26-ALL-BN

-------------------- July 13, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Dudley Cotton has appealed his conviction for sexual abuse of a minor in Indian Country, a violation of 18 U.S.C. § 2243(a). Cotton contends that the jury should have been instructed that it could convict him for the lesser offense of abusive sexual contact under 18 U.S.C. § 2244(a). This issue is without merit. Although the jury could have convicted Cotton for violating 18 U.S.C. § 2244(a) under the evidence presented at trial, it could not also have acquitted Cotton of violating 18 U.S.C. § 2243(a) under that evidence. The district court did not abuse itsNo. 01-60114 -2- discretion in refusing to give the requested instruction. See United States v. Estrada-Fernandez , 150 F.3d 491, 494 (5th Cir. 1998). Cotton contends that the prosecutor commented improperly in closing argument on Cotton's failure to testify. This issue is without merit. The prosecutor argued in closing that Cotton had not presented any evidence to rebut the victim's testimony that stains on her shirt were her blood. The prosecutor's comment went to the failure of the defense to counter the victim's testimony and was not manifestly intended to remind the jury that Cotton had not testified. See United States v. Montoya-Ortiz , 7 F.3d 1171, 1178 (5th Cir. 1993); United States v. Wade , 931 F.2d 300, 305 (5th Cir. 1991)

. The judgment is AFFIRMED.
Exhibit 32.1

AMENDED AND RESTATED CERTIFICATION PURSUANT TO

18 U.S.C. SECTIONS 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Ebix, Inc. (the Company) for the period ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Robin Raina, Chief Executive 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:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Robin Raina        
|    |  | Name: Robin Raina      
|    |  | Chief Executive Officer

January 9, 2012
Exhibit 23.2

Consent of Independent Registered Public Accounting Firm

The Board of DirectorsAXS-One Inc.:

We consent to the incorporation by reference in the registration statements (Nos. 333-11681, 333-49733, 333-61125, 333-72142, 333-72138, 333-119327, and 333-126554) on Form S-8 and (Nos. 333-49731, 333-115145, 333-126555 and 333-129149) on Form S-3 of AXS-One Inc. of our report dated March  23,  2006, with respect to the consolidated balance sheet of AXS-One Inc. and subsidiaries as of December 31, 2005, and the related consolidated statements of operations, comprehensive income (loss), stockholders’ deficit, and cash flows for the years ended December  31,  2005 and 2004, before the effects of the adjustments to retrospectively report the discontinued operations described in Note 2 to the 2006 consolidated financial statements, and our report dated March 23, 2006 on the related consolidated financial statement schedule for the years ended December  31,  2005 and 2004, which reports appear in the December 31, 2006 annual report on Form 10-K of AXS-One Inc.

/s/ KPMG LLP 

Short Hills, New JerseyMarch  21,  2007

----
# C_2015081EN.01002101.xml

| 9.3.2015 | EN | Official Journal of the European Union | C 81/21 |
| --- | --- | --- | --- |

9.3.2015

EN

Official Journal of the European Union

C 81/21

---

Order of the President of the General Court of 15 December 2014 — August Wolff and Remedia v Commission

(Case T-672/14 R)

((Application for interim measures - Marketing authorisation for medicinal products for human use - Application for suspension of operation of a measure - Lack of urgency))

(2015/C 081/27)

Language of the case: German

Parties

Parties

Applicants: Dr. August Wolff GmbH & Co. KG Arzneimittel (Bielefeld, Germany); and Remedia d.o.o (Zagreb, Croatia) (represented by: P. Klappich, C. Schmidt and P. Arbeiter, lawyers)

Applicants:

Defendant: European Commission (represented by: M. Šimerdová, A. Sipos and B.-R. Killmann, acting as Agents)

Defendant:

Re:

Re:

Application for the suspension of the operation of Commission Implementing Decision C (2014) 6030 final of 19 August 2014 concerning marketing authorisations for topical medicinal products for human use containing high concentrations of estradiol pursuant to Article 31 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).

Operative part of the order

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The order of 2 October 2014 is cancelled. |
| --- | --- |

2.

The order of 2 October 2014 is cancelled.

| 3. | Costs are reserved. |
| --- | --- |

3.

Costs are reserved.

---
Exhibit 99:1

     Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


In connection with the filing of the Healthcare  Properties,  L.P. Form 10-Q for
the quarterly  period ended March 31, 2003,  the  undersigned  hereby  certifies
that:

1.   The Report fully complies with the  requirement of Section 13 (a) or 15 (d)
     of the Securities Exchange Act of 1934, as amended, and

2.   The information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and results of operations of Registrant.


                                           /s/ Robert Lankford
                                          ------------------------------------
                                          Robert Lankford
                                          Chief executive officer and
                                          Chief financial officer of the General
                                          Partner
                                          May 14, 2003
EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                   SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


      In connection  with the Quarterly  Report of Central  Wireless,  Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2005 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  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 to his knowledge:

      1. The Report fully  complies  with the  requirements  of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      2.  The  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of  operation of the
Company.

Date  May 13, 2005                       By: /s/ Kenneth W. Brand
                                             ---------------------
                                         Name: Kenneth W. Brand
                                         Title: Acting Chief Financial Officer


      A signed  original of this written  statement  required by Section 906, or
other  document  authentications,   acknowledging,  or  otherwise  adopting  the
signature  that  appears in typed form  within  the  electronic  version of this
written  statement  required  by  Section  906,  has been  provided  to  Central
Wireless,  Inc. and will be retained by Central Wireless,  Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
|   | 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. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | November      14 , 2008 |   | By:    |  /s/      Edward P. Smolyansky                                                                       |   |
|--------|-------------------------|--------|--------|-----------------------------------------------------------------------------------------------------------|--------|
|   |                    |   |   |  Edward      P. Smolyansky Chief      Financial  and Accounting Officer and Treasurer |   |
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,287,388
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             4,515,263
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 26,088,100
<INVESTMENTS-CARRYING>                       1,362,477
<INVESTMENTS-MARKET>                         1,372,927
<LOANS>                                     59,024,608
<ALLOWANCE>                                    810,563
<TOTAL-ASSETS>                              97,841,195
<DEPOSITS>                                  87,665,132
<SHORT-TERM>                                 1,462,130
<LIABILITIES-OTHER>                          1,268,368
<LONG-TERM>                                  3,045,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,390
<OTHER-SE>                                   4,395,175
<TOTAL-LIABILITIES-AND-EQUITY>              97,841,195
<INTEREST-LOAN>                              5,362,173
<INTEREST-INVEST>                            1,352,146
<INTEREST-OTHER>                               302,849
<INTEREST-TOTAL>                             7,017,168
<INTEREST-DEPOSIT>                           3,674,533
<INTEREST-EXPENSE>                           4,010,817
<INTEREST-INCOME-NET>                        3,006,351
<LOAN-LOSSES>                                  240,000
<SECURITIES-GAINS>                              37,318
<EXPENSE-OTHER>                              2,371,171
<INCOME-PRETAX>                                707,125
<INCOME-PRE-EXTRAORDINARY>                     454,841
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   454,841
<EPS-PRIMARY>                                     0.84
<EPS-DILUTED>                                     0.84
<YIELD-ACTUAL>                                    7.79
<LOANS-NON>                                     19,163
<LOANS-PAST>                                   418,124
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               660,336
<CHARGE-OFFS>                                   95,005
<RECOVERIES>                                     5,232
<ALLOWANCE-CLOSE>                              810,563
<ALLOWANCE-DOMESTIC>                           810,563
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.1010 Alumina (dried aluminum hydroxide). ( a ) *Identity.* ( 1 ) The color additive alumina (dried aluminum hydroxide) is a white, odorless, tasteless, amorphous powder consisting essentially of aluminum hydroxide (Al2 O3· XH2 O).
( 2 ) Color additive mixtures for drug use made with alumina (dried aluminum hydroxide) may contain only those diluents listed in this subpart as safe and suitable for use in color additive mixtures for coloring drugs.
( b ) *Specifications.* Alumina (dried aluminum hydroxide) shall conform to the following specifications: Acidity or alkalinity: Agitate 1 gram of the color additive with 25 milliliters of water and filter. The filtrate shall be neutral to litmus paper. Matter insoluble in dilute hydrochloric acid, not more than 0.5 percent. Lead (as Pb), not more than 10 parts per million. Arsenic (as As), not more than 1 part per million. Mercury (as Hg), not more than 1 part per million. Aluminum oxide (Al2 O3), not less than 50 percent.
( c ) *Uses and restrictions.* Alumina (dried aluminum hydroxide) may be safely used in amounts consistent with good manufacturing practice to color drugs generally.
( d ) *Labeling requirements.* The label of the color additive and of any mixtures prepared therefrom intended solely or in part for coloring purposes shall conform to the requirements of § 70.25 of this chapter.
( e ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification requirements of section 721(c) of the act.
EXHIBIT 11 - CALCULATION OF NET INCOME (LOSS) PER COMMON SHARE


                                  MICROAGE, INC
                 NET INCOME (LOSS) PER COMMON SHARE CALCULATION
                                 (in thousands)

<TABLE>
<CAPTION>
                                                                                 Quarter ended
                                                                          ----------------------------
                                                                          February 1,      February 2,
                                                                              1998             1997
                                                                          -----------      -----------
<S>                                                                       <C>              <C>   
Basic
     Weighted average common shares                                            19,456           17,174
                                                                          -----------      -----------

Diluted
     Weighted average shares from primary
          calculation                                                          19,456           17,174

     Dilutive effect of stock options and warrants                               --                986


                                                                          -----------      -----------
          Weighted average common and common
            equivalent shares outstanding - diluted                            19,456           18,160
                                                                          -----------      -----------

Net income  (loss)                                                        $    (5,414)     $     5,037

Net income (loss) per common and common equivalent share:
     Basic                                                                $     (0.28)     $      0.29
                                                                          ===========      ===========
     Diluted                                                              $     (0.28)     $      0.28
                                                                          ===========      ===========
</TABLE>
```

[115th Congress Public Law 311]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 4428]]

Public Law 115-311
115th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
    306 River Street in Tilden, Texas, as the ``Tilden Veterans Post 
            Office''. <<NOTE: Dec. 13, 2018 -  [H.R. 1207]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. TILDEN VETERANS POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 306 River Street in Tilden, Texas, shall be known and 
designated as the ``Tilden Veterans Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Tilden 
Veterans Post Office''.

    Approved December 13, 2018.

LEGISLATIVE HISTORY--H.R. 1207:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Nov. 15, considered and passed 
                                        House.
                                                        Vol. 164 (2018):
                                    Mar. 7, considered and passed 
                                        Senate, amended.
                                    Nov. 29, House concurred in Senate 
                                        amendment.

                                  <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on page 2 and 4 of the
Company's Form 10-Q for the year to date, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>                               
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             DEC-31-1997
<PERIOD-END>                  MAR-31-1998
<CASH>                                     312,308
<SECURITIES>                             2,482,030 
<RECEIVABLES>                            1,275,815
<ALLOWANCES>                                     0
<INVENTORY>                              1,620,727                     
<CURRENT-ASSETS>                         6,591,003
<PP&E>                                   4,982,889          
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                          12,119,830
<CURRENT-LIABILITIES>                      857,882
<BONDS>                                          0
<COMMON>                                11,136,042
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                (262,537)
<TOTAL-LIABILITY-AND-EQUITY>            12,119,830
<SALES>                                  3,723,423
<TOTAL-REVENUES>                         3,723,423
<CGS>                                    2,877,922
<TOTAL-COSTS>                            2,877,922
<OTHER-EXPENSES>                         1,000,163
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                           (119,821)
<INCOME-TAX>                               (47,928)
<INCOME-CONTINUING>                        (71,893)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               (71,893)
<EPS-PRIMARY>                                 (.01)
<EPS-DILUTED>                                 (.01)

</TABLE>
Editorial Note on Part 864
Editorial Note: Nomenclature changes to part 864 appear at 73 FR 35341, June 23, 2008.

§ 864.9185 Blood grouping view box. ( a ) *Identification.* A blood grouping view box is a device with a glass or plastic viewing surface, which may be illuminated and heated, that is used to view cell reactions in antigen-antibody testing.
( 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 § 864.9.
[45 FR 60641, Sept. 12, 1980, as amended at 65 FR 2310, Jan. 14, 2000]
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No s

. 1D 2 0 2 2

- 3 322 1D2022

- 3323 1D2022

- 3324 1D2022

- 3325

_____________________________
M ELISSA E LLEN S ANTIAGO , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Coleman L. Robinson , Judge

. February 7, 2024

P ER C URIAM

.
A FFIRMED

. See Tyson v. State , 228 So. 3d 652 , 655 (Fla. 1st DCA 2017); Parks v. State , 371 So. 3d 392 (Fla. 1st DCA 2023).

O STERHAUS , C.J., and R OBERTS and M.K. T HOMAS , JJ., concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Jessica J. Yeary, Public Defender, and Danielle Jorden
, Assistant Public Defender
, Tallahassee, for Appellant.

Ashley Moody
, Attorney General, and Robert “Charlie” Lee, Assistant Attorney General, Tallahassee, for Appellee.