alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014329EN.01001702.xml

| 22.9.2014 | EN | Official Journal of the European Union | C 329/17 |
| --- | --- | --- | --- |

22.9.2014

EN

Official Journal of the European Union

C 329/17

---

Action brought on 2 June 2014 — salesforce.com v OHIM (MARKETINGCLOUD)

(Case T-388/14)

2014/C 329/24

Language of the case: English

Parties

Parties

Applicant: salesforce.com, Inc. (San Francisco, United States) (represented by: A. Nordemann, lawyer)

Applicant:

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

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 given in Case R 1853/2013-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 given in Case R 1853/2013-1;

| — | 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

Community trade mark concerned: The word mark ‘MARKETINGCLOUD’ for services in Classes 35 and 42 — Community trade mark application No 1 0 9 79  417

Community trade mark concerned:

Decision of the Examiner: Found the trade mark not eligible for registration

Decision of the Examiner:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR.

Pleas in law:

---
Exhibit 32.1



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 Cornerstone Realty Income Trust, Inc. (the Company) on Form 10-Q for the period ending March 31,
2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned 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 the best of his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and (2) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company as of March 31, 2004 and for the period then ended.



|                                       
|---------------------------------------
|                                       
|/s/ GLADE M. KNIGHT                    
|                                       
|Glade M. Knight Chief Executive Officer



May 6, 2004



30
6546 Woodland Oaks Dr.

Magnolia, TX 77354

(832) 212-6011

CGO2-GB Camera/Gimbal System

Focusing System Aerial Optimized Fixed Focus

Video Resolution FULL HD 1080p - Adjustable 60, 50 or 48 FPS

Photo Resolution 12 Megapixels

Field of View 155°
§ 1.561-1 Deduction for dividends paid. ( a ) The deduction for dividends paid is applicable in determining accumulated taxable income under section 535, undistributed personal holding company income under section 545, undistributed foreign personal holding company income under section 556, investment company taxable income under section 852, and real estate investment trust taxable income under section 857. The deduction for dividends paid includes: ( 1 ) The dividends paid during the taxable year;
( 2 ) The consent dividends for the taxable year, determined as provided in section 565; and
( 3 ) In the case of a personal holding company, the dividend carryover computed as provided in section 564.
( b ) For dividends for which the dividends paid deduction is allowable, see section 562 and § 1.562-1. As to when dividends are considered paid, see § 1.561-2.
[T.D. 6500, 25 FR 11737, Nov. 26, 1960, as amended by T.D. 6598, 27 FR 4093, Apr. 28, 1962]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7214

JOSEPH W. VERRETT, SR.,

Plaintiff - Appellant,

v.

GENERAL MOTORS AUTOMOTIVE GROUP,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Henry E. Hudson, District 

Judge. (3:15-cv-00416-HEH-RCY)

Submitted: March 30, 2017 Decided: April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Joseph W. Verrett, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Joseph W. Verrett, Sr., seeks to appeal the district 

court’s order dismissing his civil complaint without prejudice 

pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). This court may 

exercise jurisdiction only over final orders, 28 U.S.C. § 1291 

(2012), and certain interlocutory and collateral orders, 28 

U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial 

Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because Verrett

may be able to remedy the deficiencies identified by the 

district court by filing an amended complaint stating sufficient 

facts to support his claims, the order Verrett seeks to appeal 

is neither a final order nor an appealable interlocutory or 

collateral order. Goode v. Central Va. Legal Aid Soc’y, 807 

F.3d 619, 623-24 (4th Cir. 2015); Domino Sugar Corp. v. Sugar 

Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 

Accordingly, we dismiss the appeal for lack of jurisdiction 

and remand the case to the district court with instructions to 

allow Verrett to file an amended complaint. We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

DISMISSED AND REMANDED
Exhibit 32.01

CERTIFICATION OF
CHIEF EXECUTIVE OFFICER
REQUIRED BY RULE 13a-14(b) or RULE 15d-14(b)
AND SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002, 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Williams Controls, Inc (the
Company) on Form 10-Q for the period ended December 31, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Patrick W. Cavanagh, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
 Company.

|                        | 
|----------------------- | 
|/s/ PATRICK W. CAVANAGH | 
|                        | 
|Patrick W. Cavanagh     | 
|Chief Executive Officer | 
|Williams Controls, Inc. | 
|February 5, 2009        | 

---
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 255 Agreed to Senate (ATS)]

103d CONGRESS
  2d Session
S. RES. 255

To express the sense of the Senate condemning the tactic of soliciting 
    support for the use of violence against abortion providers and 
                               activists.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              August 25 (legislative day August 18), 1994

 Mr. Reid submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
To express the sense of the Senate condemning the tactic of soliciting 
    support for the use of violence against abortion providers and 
                               activists.

Whereas the public debate concerning abortion elicits strong emotions on all 
        sides of the issue;
Whereas maintaining an ongoing, rational debate is the best way to ensure that 
        the emotional issue of abortion is resolved in a manner that is 
        satisfactory to all parties genuinely interested in resolving this 
        issue;
Whereas the best way to ensure continued debate over abortion is to encourage 
        all participants in the debate to engage in peaceful dialogue and 
        compromise;
Whereas, without an ongoing dialogue about abortion, potential participants in 
        the debate will become isolated and marginalized;
Whereas extremist individuals and groups concerned with abortion have refused to 
        engage in public dialogue and substantive debate about the issue, 
        choosing instead to target and terrorize the individuals and groups that 
        disagree with their position;
Whereas these extremist individuals and groups have actively engaged in tactics 
        that sow the seeds of hatred, including soliciting written support in 
        the form of letters and petitions to carry out murderous acts of 
        violence;
Whereas such tactics ignite and fuel the underlying anger often associated with 
        the public debate concerning abortion;
Whereas such tactics are shameful, abhorrent and divisive; and
Whereas the continued use of such tactics only serves to spawn further acts of 
        senseless violence against innocent human beings and in no way advances 
        the cause of the individuals and groups interested in resolving the 
        abortion issue: Now, therefore, be it
    Resolved, That it is the sense of the Senate that the tactics of 
extremist individuals and groups which are designed to sow the seeds of 
hatred, including soliciting, promoting, encouraging, or carrying out 
murderous acts of violence against abortion providers and activists, is 
condemned.
                                 <all>
```
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40777 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
CARLOS ALBERTO LOPEZ

- SAENZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 147

- 1

Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Carlos Alberto Lopez

- Saenz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lopez

- Saenz h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal

* 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. United States Court of Appeals Fifth Circuit 

### FILED April 20 , 2016 Lyle W. Cayce Clerk Case: 15-40777 Document: 00513473043 Page: 1 Date Filed: 04/20/2016No. 15

- 40777

2 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-40777 Document: 00513473043 Page: 2 Date Filed: 04/20/2016
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-30103

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LIONEL THOMAS, also known as L.T. Thomas, also known as Stellie Thomas,

Defendant-Appellant

Appeals from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:14-CR-246-1

Before REAVLEY, OWEN, and GRAVES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Lionel Thomas has moved for leave 

to withdraw and has filed a brief in accordance with Anders v. California, 386 

U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Thomas has filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein, as well as Thomas’s response. 

We concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

FILED

August 16, 2018

Lyle W. Cayce

Clerk

 Case: 18-30103 Document: 00514603343 Page: 1 Date Filed: 08/16/2018
No. 18-30103

2

issue for appellate review. Accordingly, the motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 18-30103 Document: 00514603343 Page: 2 Date Filed: 08/16/2018
Exhibit 10.42


[Protection One
Letterhead]


 


March 19, 2003


 


Martin J. Bregman

Executive Director, Legal

Westar Energy

818 S. Kansas Avenue, 10th Floor

Topeka, KS  66612


Dear Marty:


Protection One, Inc. is writing this letter in
response to the requirements set forth by the Kansas Corporation Commission
(“Commission”) in its Order No. 65 in the captioned docket, whereby the
Commission conditionally approved the Partial Stipulation and Agreement filed
on February 25, 3003 (“Partial Stipulation”).


(a)                                  Pursuant to Paragraph 14 of Order
No. 65, the reimbursement set forth in Paragraph 19 of the Partial
Stipulation extinguishes all current balances outstanding regarding services
provided pursuant to the Protection One Data Services agreement with Westar
Energy.


(b)                                 Pursuant to Paragraph 15 of Order
No. 65, the payment specified in Paragraph 20 of the Partial Stipulation,
as updated by Westar Energy’s filing required by Order No. 65,
extinguishes all current balances outstanding regarding services provided
pursuant to the aviation services agreement with Westar Energy.


(c)                                  Pursuant to Paragraph 16 of Order
No. 65, Protection One releases any and all claims for amounts due under
the Management Services Agreement with Westar Energy.


Sincerely,


/s/ J. Eric Griffin


J. Eric Griffin

Vice President and General Counsel
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 114 Agreed to Senate (ATS)]

103d CONGRESS
  1st Session
S. RES. 114

 Extending the provisions of Senate Resolution 106 of the One Hundred 
               First Congress (agreed to April 13, 1989).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                May 26 (legislative day, April 19), 1993

    Mr. Mitchell (for himself and Mr. Dole) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Extending the provisions of Senate Resolution 106 of the One Hundred 
               First Congress (agreed to April 13, 1989).

    Resolved, That (a) section 9 of Senate Resolution 106 of the One 
Hundred First Congress (agreed to April 13, 1989) (as amended by Senate 
Resolution 351 of the One Hundred First Congress (agreed to October 27, 
1990) and as further amended by Senate Resolution 366 of the One 
Hundred Second Congress (agreed to October 8, 1992)) is further amended 
by striking ``March 31, 1993'' and inserting in lieu thereof ``December 
31, 1993''.
    (b) The amendment made by subsection (a) shall be deemed to have 
become effective as of March 30, 1993.

                                 <all>
```
III

103D CONGRESS

1ST SESSION S. RES. 30

To amend the Standing Rules of the Senate to dispense with the reading

of conference reports.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. MITCHELL submitted the following resolution; which was referred to the

Committee on Rules and Administration

RESOLUTION

To amend the Standing Rules of the Senate to dispense

with the reading of conference reports.

1 Resolved, That rule XXVIII of the Standing Rules of

2 the Senate is amended by striking ‘‘and shall be deter3 mined without debate.’’ in paragraph 1. and inserting in

4 lieu thereof the following: ‘‘notwithstanding a request for

5 the reading of the conference report, and shall be deter6 mined without debate.’’.

Æ
### *An official caption cont aining a complete list of parties is

on file and available for insp ection in the Office of the Clerk of the Court, United States Court of Appeals for the Eighth Circuit. _____________ No. 95-3623WA

_____________ Robert A. Miller, et al., * * Appellees, * Appeal from the United States * District Court for the Western v. * District of Arkansas. * Rev. Joseph Orlando, et al., * [UNPUBLISHED] * * Appellants. *

_____________ Submitted: July 5, 1996 Filed: November 6, 1996

_____________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

_____________ PER CURIAM. Nineteen would-be intervenors appeal the district court's orde r denying as untimely under Federal Rule of Civil Procedure 24 their petitio n to in tervene in an action involving a 1990 civil judgment against Ton y Alamo. Having carefully reviewed the record and the partes' briefs, w e conclude no error of law appears, and an extended opinion is unwarranted. Accordingly, we affirm. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<ARTICLE>                  5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S FORM 10-QSB FOR THE THREE MONTHS ENDED MARCH 31, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                        <C>
<PERIOD-TYPE>              3-MOS
<FISCAL-YEAR-END>                                      DEC-31-1998
<PERIOD-START>                                         JAN-01-1998
<PERIOD-END>                                           MAR-31-1998
<CASH>                                                   3,157,002
<SECURITIES>                                                     0
<RECEIVABLES>                                              278,173
<ALLOWANCES>                                                30,000
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                         4,373,027
<PP&E>                                                   2,283,628
<DEPRECIATION>                                           1,096,216
<TOTAL-ASSETS>                                           5,706,808
<CURRENT-LIABILITIES>                                    2,875,748
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                     5,120
<OTHER-SE>                                               2,279,012
<TOTAL-LIABILITY-AND-EQUITY>                             5,706,808
<SALES>                                                    111,861
<TOTAL-REVENUES>                                           111,861
<CGS>                                                       25,506
<TOTAL-COSTS>                                            2,369,142
<OTHER-EXPENSES>                                               231
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                          41,412
<INCOME-PRETAX>                                         (2,235,583)
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                     (2,235,583)
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                            (2,235,583)
<EPS-PRIMARY>                                                 (.44)
<EPS-DILUTED>                                                 (.44)
        

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


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Manged Pension Assets Partnership 1989-1,  Ltd.'s balance sheet and statement of
operations  contained in its Form 10-Q for the quarter ended  September 30, 1997
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         137,079
<SECURITIES>                                   0
<RECEIVABLES>                                  133,733
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               270,812
<PP&E>                                         3,105,682
<DEPRECIATION>                                 (1,964,763)
<TOTAL-ASSETS>                                 1,411,731
<CURRENT-LIABILITIES>                          3,971
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,407,760
<TOTAL-LIABILITY-AND-EQUITY>                   1,411,731
<SALES>                                        313,988
<TOTAL-REVENUES>                               319,340
<CGS>                                          0
<TOTAL-COSTS>                                  130,995<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                139,262
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            139,262
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   139,262
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        


</TABLE>