alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014303EN.01005601.xml

| 8.9.2014 | EN | Official Journal of the European Union | C 303/56 |
| --- | --- | --- | --- |

8.9.2014

EN

Official Journal of the European Union

C 303/56

---

Action brought on 18 April 2014 — Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM — Vicente Gandía Pla (ILLIRIA)

(Case T-541/14)

2014/C 303/67

Language in which the application was lodged: English

Parties

Parties

Applicant: Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Salice Salentino, Italy) (represented by: D. Russo, 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: Vicente Gandía Pla SA (Chiva, Spain)

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 21 May 2014 given in Case R 917/2013-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 May 2014 given in Case R 917/2013-4;

| — | Award the applicant the costs of proceedings. |
| --- | --- |

—

Award the applicant the costs of proceedings.

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 figurative mark containing the verbal elements ‘ILLIRIA’ for ‘wines’ in Class 33 — Community trade mark application No 1 0 5 99  033

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

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

Mark or sign cited in opposition: Community trade mark registration No. 8 2 99  653

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: annulled the contested decision and upheld the opposition

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) CTMR.

Pleas in law:

---
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.4250 Ophthalmic electrolysis unit. ( a ) *Identification.* An ophthalmic electrolysis unit is an AC-powered or battery-powered device intended to destroy ocular hair follicles by applying a galvanic electrical current.
( b ) *Classification.* ( 1 ) Class I (general controls) for the battery-powered device. The battery-powered device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 886.9.
( 2 ) Class II (special controls) for the AC-powered device. The AC-powered device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 886.9.
[55 FR 48443, Nov. 20, 1990, as amended at 59 FR 63013, Dec. 7, 1994; 66 FR 38813, July 25, 2001; 84 FR 71817, Dec. 30, 2019]
Editorial Note on Part 890
Editorial Note: Nomenclature changes to part 890 appear at 73 FR 35341, June 23, 2008.

§ 890.3860 Powered wheelchair. ( a ) *Identification.* A powered wheelchair is a battery-operated device with wheels that is intended for medical purposes to provide mobility to persons restricted to a sitting position.
( 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.

§ 880.5500 AC-powered patient lift. ( a ) *Identification.* An AC-powered lift is an electrically powered device either fixed or mobile, used to lift and transport patients in the horizontal or other required position from one place to another, as from a bed to a bath. The device includes straps and slings to support the patient.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 880.9.
[45 FR 69682, Oct. 21, 1980, as amended at 63 FR 59229, Nov. 3, 1998]
427 A.2d 1212

#### Commonwealth v. Dell, Appellant.

Submitted September 13, 1979. S.

Joseph Larkin, for appellant;

Samuel Teeter, Assistant District Attorney, for Commonwealth, appellee.

Before PRICE, WIEAND and VAN der VOORT, JJ.*

*

 Judge Donald E. Wieand is sitting by special designation.

Judgments of sentence are affirmed.
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.1150 Indwelling blood carbon dioxide partial pressure (P2CO2) analyzer. ( a ) *Identification.* An indwelling blood carbon dioxide partial pressure PCO2 analyzer is a device that consists of a catheter-tip PCO2 transducer (e.g., PCO2 electrode) and that is used to measure, in vivo, the partial pressure of carbon dioxide in blood to aid in determining the patient's circulatory, ventilatory, and metabolic status.
( b ) *Classification.* Class II (special controls). The special control for this device is FDA's “Class II Special Controls Guidance Document: Indwelling Blood Gas Analyzers; Final Guidance for Industry and FDA.”
[47 FR 31142, July 16, 1982; 47 FR 40410, Sept. 14, 1982, as amended at 52 FR 17735, May 11, 1987; 66 FR 57368, Nov. 15, 2001]
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 Fonix Corporation on Form 10-Q
for the period ending June 30, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Roger D. Dudley, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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



                                 /s/ Roger D. Dudley
                                 -----------------------------------------------
                                 Roger D. Dudley
                                 Chief Financial Officer
EXHIBIT 31.1

CERTIFICATION

SECTION 302 CERTIFICATION OF OUR CHIEF EXECUTIVE OFFICER



I, Perry Law, certify that:



1.  I have reviewed this annual report on Form 10-KSB of Smart-tek Solutions, Inc.;



2.  Based on my knowledge, this report does not contain any untrue statement of 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 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 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 control 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 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 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 functions):



(a)

All significant deficiencies and material weaknesses in the design or operation of internal control

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 control over financial reporting.



/s/ Perry Law

---------------------------

Perry Law

Chief Executive Officer



November 7, 2007
Editorial Note on Part 892
Editorial Note: Nomenclature changes to part 892 appear at 73 FR 35341, June 23, 2008.

§ 892.1200 Emission computed tomography system. ( a ) *Identification.* An emission computed tomography system is a device intended to detect the location and distribution of gamma ray- and positron-emitting radionuclides in the body and produce cross-sectional images through computer reconstruction of the data. This generic type of device may include signal analysis and display equipment, patient and equipment supports, radionuclide anatomical markers, component parts, and accessories.
( b ) *Classification.* Class II.
Exhibit 33.7



|     |  |                                                           
|---- |  | ----------------------------------------------------------
|LOGO |  | 130 S. Jefferson, Suite 300
Chicago, IL 60661 312-233-6440
|    
|    

REPORT ON ASSESSMENT OF COMPLIANCE WITH APPLICABLE SECURITIES AND EXCHANGE COMMISSIONS REGULATION AB SERVICING CRITERIA

For the calendar year ending December 31, 2016, National Tax Search, LLC has been a Tax Service Vendor for Wells Fargo Bank (the
Servicer).

National Tax Search, LLC (NTS) is responsible for assessing compliance as of December 31, 2016 and for the period
from January 1, 2016 through December 31, 2016 (the Reporting Period) with the servicing criteria set forth in Title 17, Section 229.1122(d) of the Code of Federal Regulations (the CFR). NTS has used the servicing
criteria communicated to NTS by the Servicer to assess compliance with the applicable servicing criteria. Only servicing criteria 1122 (d) (l)(ii), 1122 (d)1(iv), 1122 (d)2(ii), 1122 (d)2(v), 1122(d)2(vi), 1122(d)(4)(xi), and 1122(d)(4)(xii) (the
Applicable Servicing Criteria) are applicable to the activities NTS performs with respect to the transactions covered by this report. NTS has determined that the remaining servicing criteria set forth in Item 1122 (d) of the SEC
Regulation AB are not applicable to the activities it performs with respect to the transactions covered by this report. The transactions covered by this report include all tax payments made on behalf of the Servicer using NTSs TaxQ system (the
Platform Transactions).

NTS, as a vendor, has assessed its compliance with the Applicable Servicing Criteria for the Reporting Period and has
concluded that NTS has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2016 and for the Reporting Period with respect to the Platform Transactions taken as a whole.

Plante & Moran, PLLC, an independent registered public accounting firm, has issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2016 and for the Reporting Period as set forth in this assertion.

National Tax Search, LLC, as
Vendor to Servicer



|                                             
|---------------------------------------------
|LOGO                                         
|                                             
|Lori D. Eshoo, President/CEO
January 23, 2017
[if !vml]>[endif]>
[if !vml]>[endif]>
Youhave reached the Federal Depository Library Program Electronic Collection(FDLP/EC) Archive. This archive assures ongoing access to publications in theFDLP/EC. Access to publications in the archive is available through GPO's suiteof cataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).
**Title:****Annual review of the United States CoastGuard�s mission performance.
 
2007 | 2008| 2009
2010 | 2010| 2011 | 2012 | 2013
 
SuDoc Number:HS 1.22:
Item Number:0520-B-32 (online)
CGP System Number:001019748
 
September 26, 2017**
<PAGE>

EXHIBIT 32


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       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 on Form 10-Q of MicroTel
International Inc. (the "Company") for the period ended June 30, 2004 (the
"Report"), the undersigned hereby certify in their capacities as Chief Executive
Officer and Chief Financial Officer of the Company, respectively, pursuant to 18
U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

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

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

Dated: August 16, 2004                        By: /s/ CARMINE T. OLIVA
                                                 -------------------------------
                                                   Carmine T. Oliva
                                                   Chief Executive Officer
                                                   (principal executive officer)


Dated: August 16, 2004                        By: /s/ RANDOLPH D. FOOTE
                                                 -------------------------------
                                                   Randolph D. Foote
                                                   Chief Financial Officer
                                                   (principal financial officer)

         A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signatures that appear in typed form within the electronic version 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.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7896 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7896

   To amend title 38, United States Code, to modify the criteria for 
  approval of certain independent study programs for purposes of the 
 educational assistance programs of the Department of Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2024

 Mr. Ciscomani (for himself, Mr. Hudson, Mr. Davis of North Carolina, 
and Mr. Van Orden) introduced the following bill; which was referred to 
                   the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to modify the criteria for 
  approval of certain independent study programs for purposes of the 
 educational assistance programs of the Department of Veterans Affairs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Education and Technical 
Skills Opportunity Act of 2024'' or the ``VETS Opportunity Act of 
2024''.

SEC. 2. TREATMENT OF CERTAIN INDEPENDENT STUDY PROGRAMS UNDER 
              EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Section 3680A(4)(B)(iii)(II) of title 38, United 
States Code, is amended to read as follows:
                                    ``(II) an institution of higher 
                                education, as such term is defined in 
                                section 102 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1002), that is 
                                qualified to participate in the student 
                                financial assistance programs 
                                authorized by title IV of that Act; 
                                and''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to a quarter, semester, or term, as applicable, that 
begins on or after August 1, 2024.
                                 <all>
```
<TABLE> <S> <C>

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<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               DEC-31-1995
<TOTAL-ASSETS>                                 4255670
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   4255670
<TOTAL-REVENUES>                                   544
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,464,969)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,464,425)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL I. WHITE, an individual,

Plaintiff

- Appellant,

v. ARAMARK,

Defendant

- Appellee. No. 14

- 55405

D.C. No. 8:12

- cv
- 00922

- BRO

RNB

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Beverly Reid O ’ Connell, District Judge, Presiding

Submitted October 25, 2016 **

Before: LEAVY, GRABER, and CHRISTEN , Circuit Judges.
Michael I. White appeals pro se from the district court’s summary judgment

in his diversity action alleging state law claims arising from his employment. We

have jurisdiction under 28 U.S.C. § 1291. We review de novo. Vasquez v. County
of Los Angeles , 349 F.3d 634, 639 (9th Cir. 2004 ). We ma y affirm on any basis

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

NOV 7 2016
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 14

- 55405

supported by the record. Henry v

. Gill Indus
., Inc

. , 983 F.2d 943, 950 (9th Cir.
1993)

. We affirm.
Summary judgment was proper because Aramark’s unopposed motion for
summary judgment demonstrated the absence of a genuine dispute of material fact

as to White’s claims. See id

. (district court may grant an unopposed motion for
summary judgment if the movant ’ s papers are themselves sufficient to support the
motion and do not on their face reveal a genuine dispute of material fact) ; see also

Guz v. Bechtel Nat. Inc. , 8 P.3d 1089, 1113

- 14 ( Cal. 2000) (elements of Fair
Employment and Housing Act (“FEHA”) discrimi nation claim); Flait v. N. Am.
Watch Corp. , 4 Cal. Rptr. 2d 522, 528 (Ct. App. 1992) (elements of FEHA
retaliation claim); Thompson v. City o f Monrovia , 112 Cal. Rptr. 3d 377 , 390 ( Ct.
App. 2010) (elements of FEHA harassment claim).

The district court did not abuse its discretion in granting White’s counsel’s

motion to withdraw. See Kayes v. Pac. Lumber Co. , 51 F.3d 1449, 1465 (9th Cir.
1995) ( setting forth standard of review )

.
We do not consider arguments or claims that were not presented to the

dist rict cour t

. See Smith v. Marsh , 194 F.3d 1045, 1052 (9th Cir. 1999)

. White’s request for appointment of counsel, set forth in his reply brief, is3 14

- 55405

denied

.
AFFIRMED.
Editorial Note on Part 888
Editorial Note: Nomenclature changes to part 888 appear at 73 FR 35341, June 23, 2008.

§ 888.1500 Goniometer. ( a ) *Identification.* A goniometer is an AC-powered or battery powered device intended to evaluate joint function by measuring and recording ranges of motion, acceleration, or forces exerted by a joint.
( b ) *Classification.* ( 1 ) Class I (general controls) for a goniometer that does not use electrode lead wires and patient cables. This device is exempt from the premarket notification procedures of subpart E of part 807 of this chapter subject to § 888.9.
( 2 ) Class II (special controls) for a goniometer that uses electrode lead wires and patient cables. The special controls consist of: ( i ) The performance standard under part 898 of this chapter, and
( ii ) The guidance entitled “Guidance on the Performance Standard for Electrode Lead Wires and Patient Cables.” This device is exempt from the premarket notification procedures of subpart E of part 807 of this chapter subject to § 888.9.
[65 FR 19319, Apr. 11, 2000]