alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2005271EN.01000102.xml

| 29.10.2005 | EN | Official Journal of the European Union | C 271/1 |
| --- | --- | --- | --- |

29.10.2005

EN

Official Journal of the European Union

C 271/1

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 15 September 2005

in Case C-37/03 P: BioID AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

1

(Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Word and figurative mark - BioID - Absolute ground for refusal to register - Trade mark devoid of any distinctive character)

(2005/C 271/02)

Language of the case: German

In Case C-37/03 P: appeal under Article 56 of the Statute of the Court of Justice lodged at the Court on 3 February 2003 by BioID AG, established in Berlin (Germany), in judicial liquidation, (Rechtsanwalt: A. Nordemann), the other party to the proceedings being the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneider,) — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J. P. Puissochet, S. von Bahr, J. Malenovský and A. Ó Caoimh (Rapporteur), Judges; P. Léger, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 15 September 2005, in which it:

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 5 December 2002 in Case T-91/01 BioID v OHIM (BioID) [2002] ECR II-5159; |
| --- | --- |

1.

Sets aside the judgment of the Court of First Instance of the European Communities of 5 December 2002 in Case T-91/01 BioID v OHIM (BioID) [2002] ECR II-5159;

BioID

OHIM (BioID)

| 2. | Dismisses the action against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 February 2001; |
| --- | --- |

2.

Dismisses the action against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 February 2001;

| 3. | Orders the appellant to pay the costs of the proceedings at first instance and on appeal. |
| --- | --- |

3.

Orders the appellant to pay the costs of the proceedings at first instance and on appeal.

---

(1)  OJ 70, 22.03.2003.

1

---
#### § 35.15 Consent to operative procedures.

Except in emergencies when the patient is physically or mentally incapable of consenting and the delay required to obtain the consent of his natural or legal guardian would seriously endanger the patient's health, no operative procedure shall be undertaken unless the patient or, in the case of a minor or incompetent, his natural or legal guardian gives his consent, nor shall any major operative procedure or the administration of a general anaesthetic be undertaken unless such consent has been obtained in writing. The consent or refusal of consent shall be made a part of the clinical record.
#### § 35.33 Sale; prices; deposit of proceeds.

The board shall determine and redetermine from time to time the prices at which articles are to be sold, and in doing so shall consider the cost of materials used, reasonable handling charges, and the fair market value of the articles. The sale price shall be indicated on each article by tag or other appropriate means, and a list of articles offered for sale and their respective sale prices shall be posted from time to time in the hospital or station area. In its discretion, the board may offer such articles for purchase by other patients or by charitable organizations before offering them for purchase to the general public. No article shall be sold or resold to any officer or employee of the Service. Moneys received from the sale of articles shall be deposited into the Treasury to the credit of the appropriation from which the materials for making such articles were purchased.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4866

_____________________________

TERRY LOPEZ BOLDRIDGE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Okaloosa County.

Michael A. Flowers, Judge.

December 31, 2018

PER CURIAM.

The appeal is dismissed as untimely. Any request for belated 

appeal must be filed pursuant to Florida Rule of Appellate 

Procedure 9.141(c). 

LEWIS, WINOKUR, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Bruce Miller, Public Defender, and Justina Clara Jassen Turner, 

Assistant Public Defender, Crestview, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
#### § 124.601 Applicability.

The provisions of this subpart apply to any recipient of Federal assistance under title VI or XVI of the Public Health Service Act that has given an assurance that it would make the facility or portion thereof assisted available to all persons residing (and, in the case of title XVI assisted applicants, employed), in the territorial area it serves. This assurance is referred to in this subpart as the “community service assurance.”
NOTE: This order is nonprecedential.

Wntteb ~tate~ ~ourt of §ppeaI~

for tbe jfeberaI (!Circuit

JANSSEN PHARMACEUTICALS, INC. AND

JOHNSON & JOHNSON PHARMACEUTICAL

RESEARCH & DEVELOPMENT, LLC,

Plaintiffs-Appellees,

v.

WATSON LABORATORIES, INC. AND SANDOZ,

INC.,

Defendants,

AND

LUPIN PHARMACEUTICALS, INC. AND LUPIN

LTD.,

Defendants-Appellants.

2012-1693

Appeal from the United States District Court for the

District of New Jersey in consolidated case no. 08-CV5103, Judge Stanley R. Chesler.

ON MOTION

ORDER

Case: 12-1693 Document: 9 Page: 1 Filed: 10/09/2012
JANSSEN PHARMACEUTICALS V. WATSON LABORATORIES 2

Lupin Pharmaceuticals, Inc. et al. (Lupin) moves to

expedite the appeal, briefing, and oral argument. Lupin

states that Janssen Pharmaceuticals, Inc. et al. (Janssen)

oppose.

Upon consideration thereof,

IT Is ORDERED THAT:

The motions are granted to the following extent: Lupin's opening brief is due no later than October 26, 2012;

Janssen's brief is due no later than November 30, 2012;

Lupin's reply brief and the joint appendix are due no later

than December 10, 2012. No extensions of time should be

anticipated. Oral argument will be scheduled by subsequent order.

FOR THE COURT

/s/ Jan Horbaly

Jan Horbaly

Clerk

s8

Case: 12-1693 Document: 9 Page: 2 Filed: 10/09/2012
§ 403.738 Condition of participation: Administration. An RNHCI must have written policies regarding its organization, services, and administration. ( a ) *Standard: Compliance with Federal, State, and local laws.* The RNHCI must operate in compliance with all applicable Federal, State, and local laws, regulations, and codes including, but not limited to, those pertaining to the following: ( 1 ) Protection against discrimination on the basis of race, color, national origin, age, or handicap (45 CFR parts 80, 84, and 91).
( 2 ) Protection of human research subjects (45 CFR part 46).
( 3 ) Application of all safeguards to protect against the possibility of fraud and abuse (42 CFR part 455).
( 4 ) Privacy of individually identifiable health information (45 CFR part 164).
( b ) *Standard: Governing body.* ( 1 ) The RNHCI must have a governing body, or a person designated to function as a governing body, that is legally responsible for establishing and implementing all policies regarding the RNHCI's management and operation.
( 2 ) The governing body must appoint the administrator responsible for the management of the RNHCI.
( c ) *Standard: Affiliations and disclosure.* ( 1 ) An affiliation is permissible if it is between one of the following: ( i ) An individual serving as an uncompensated director, trustee, officer, or other member of the governing body of an RNHCI and a provider of medical treatment or services.
( ii ) An individual who is a director, trustee, officer, employee, or staff member of an RNHCI and another individual, with whom he or she has a family relationship, who is affiliated with (or has an ownership interest in) a provider of medical treatment or services.
( iii ) The RNHCI and an individual or entity furnishing goods or services as a vendor to both providers of medical treatment or services and RNHCIs.
( 2 ) The RNHCI complies with the disclosure requirements of §§ 420.206 and 455.104 of this chapter.
( 3 ) The RNHCI furnishes written notice, including the identity of each new individual or company, to CMS at the time of a change, if a change occurs in any of the following: ( i ) Persons with an ownership or control interest, as defined in §§ 420.201 and 455.101 of this chapter.
( ii ) The officers, directors, agents, or managing employees.
( iii ) The religious entity, corporation, association, or other company responsible for the management of the RNHCI.
( iv ) The RNHCI's administrator or director of nonmedical nursing services.
[64 FR 67047, Nov. 30, 1999, as amended at 68 FR 66720, Nov. 28, 2003]
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<FISCAL-YEAR-END>                  DEC-31-1996
<PERIOD-START>                     JAN-01-1996
<PERIOD-END>                       JUN-30-1996
<EXCHANGE-RATE>                    1
<CASH>                               446,105
<SECURITIES>                               0
<RECEIVABLES>                        680,513
<ALLOWANCES>                          15,000
<INVENTORY>                        1,081,111
<CURRENT-ASSETS>                   2,391,387
<PP&E>                             1,815,953
<DEPRECIATION>                       646,350
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<CURRENT-LIABILITIES>                369,447
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</TABLE>
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# Niger

137 items

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§ 403.306 Additional requirements for State systems—mandatory approval. ( a ) *General policy* — ( 1 ) *Mandatory approval.* HFCA will approve an application for Medicare reimbursement under a State system if the system meets all of the requirements of § 403.304 and of paragraph (b) of this section.
( 2 ) *Exception.* CMS may approve an application if the State system meets all of the requirements of § 403.304 but only some of the requirements of paragraph (b) of this section.
( b ) *Additional requirements* — ( 1 ) *Operation of system.* The system must— ( i ) Be operated directly by the State or by entity designated under State law;
( ii ) Provide for payments to hospitals using a methodology under which— ( A ) Prospectively determined payment rates are established; and
( B ) Exceptions, adjustments, and methods for changes in methodology are set forth;
( iii ) Provide that a change by the State in the system that has the effect of materially changing payments to hospitals can take effect only upon 60 days notice to CMS and to the hospitals likely to be materially affected by the change and upon CMS's approval of the change.
( 2 ) *Satisfactory assurances* — ( i ) *Admissions practice.* The State must assure that the operation of the system will not result in any change in hospital admission practices that result in— ( A ) A significant reduction in the proportion of patients receiving hospital services covered under the system who have no third-party coverage and who are unable to pay for hospital services;
( B ) A significant reduction in the proportion of individuals admitted to hospitals for inpatient hospital services for which payment is less, or is likely to be less, than the anticipated charges for or cost of the services;
( C ) A refusal to admit patients who would be expected to require unusually costly or prolonged treatment for reasons other than those related to the appropriateness of the care available at the hospital; or
( D ) A refusal to provide emergency services to any person who is in need of emergency services, if the hospital provides the services.
( ii ) *Consultation with local government officials.* The State must provide documentation that it has consulted with local government officials concerning the impact of the system on publicly owned or operated hospitals.
§ 37.60 Submitting required chest radiograph classification and miner identification documents. ( a ) Each chest radiograph required to be made under this subpart, together with the completed Chest Radiograph Classification Form and the completed Miner Identification Document, must be submitted together for each miner to NIOSH within 14 calendar days after the radiographic examination is given. All submitted items become the property of NIOSH. ( 1 ) When the radiograph is digital, the image file for each radiograph, together with either hard copy or electronic versions of the completed Chest Radiograph Classification Form and the completed Miner Identification Document, must be submitted to NIOSH using the software and format specified by NIOSH either using portable electronic media, or a secure electronic file transfer.
( 2 ) NIOSH will notify the submitting facility when it has received the image files and forms from the examination. After this notification, the facility will permanently delete, or if this is not technologically feasible for the imaging system used, render permanently inaccessible all files and forms from its electronic and physical files.
( b ) If NIOSH deems any submission under paragraph (a) of this section inadequate, the operator will be notified of the deficiency. The operator must promptly make appropriate arrangements for the necessary reexamination at no expense to the miner.
( c ) Failure to comply with paragraph (a) or (b) of this section will be cause to revoke approval of a plan or any other approval as may be appropriate. An approval that has been revoked may be reinstated at the discretion of NIOSH after it receives satisfactory assurances and evidence that all deficiencies have been corrected and that effective controls have been instituted to prevent a recurrence.
( d ) Chest radiographs and other required documents must be submitted only for miners.
( e ) If a miner refuses to participate in all phases of the examination prescribed in this subpart, no report need be made. If a miner refuses to participate in any phase of the examination prescribed in this subpart, all forms must be submitted with his or her name and the last four digits of the Social Security number on each. If any form cannot be completed because of the miner's refusal, it must be marked “Miner Refuses,” and submitted to NIOSH. No submission will be made, however, without a completed Miner Identification Document (CDC/NIOSH 2.9) containing the miner's name, address, last four digits of the Social Security number and place of employment.
[81 FR 73285, Oct. 24, 2016]
Exhibit
32.1

HARLEYSVILLE NATIONAL CORPORATIONCERTIFICATIONPRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION
1350

In
connection with the Harleysville National Corporation Annual Report on Form 10-K
for the period ending December 31, 2008, as filed with the Securities and
Exchange Commission (the Report), I, Paul D. Geraghty, President, Chief
Executive Officer and Director, certify, pursuant to 18 U.S.C. Section 1350, as
added 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. |  | To my knowledge, the information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the Company as of and for
      the period covered by the Report.
| |    |  |                                                                                                                                                                                                                                       

|By: | /s/ Paul D. Geraghty                         | 
|--- | -------------------------------------------- | 
|    | President,
      Chief Executive Officer and
|    | *Director*                                  
|    | Harleysville
      National Corporation     
|    |                                             
|    | Date: March 11,
      2009                  

---
# C_2005229EN.01001802.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/18 |
| --- | --- | --- | --- |

17.9.2005

EN

Official Journal of the European Union

C 229/18

---

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 29 June 2005

in Case T-274/03: Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

1

(Community trade mark - Opposition - Withdrawal of the application for registration - No need to proceed to judgment)

(2005/C 229/38)

Language of the case: French

In Case T-274/03: Focus Magazin Verlag GmbH, established in Munich (Germany), represented by U. Gürtler, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: B. Müller and A. Folliard-Monguiral), the other party before the Board of Appeal of OHIM and intervener before the Court of First Instance being France Télécom SA, established in Paris (France), represented by D. Marty, lawyer — against brought against the decision of the Fourth Board of Appeal of OHIM of 30 April 2003 (Case R 849/2001-4), concerning opposition proceedings between Focus Magazin Verlag GmbH and France Télécom SA — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung, Registrar, made an order on 29 June 2005, the operative part of which is as follows:

| 1. | There is no longer any need to adjudicate on the application. |
| --- | --- |

1.

There is no longer any need to adjudicate on the application.

| 2. | The parties shall bear their own costs. |
| --- | --- |

2.

The parties shall bear their own costs.

---

(1)  OJ C 264 of 1.11.2003.

1

---
HomeLesotho

# Lesotho

42 items

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40875.

#### TERRY v. ASSOCIATES DISCOUNT CORPORATION.

Russell, Judge.

1. In a suit on a note copy of which is attached and shows that it was transferred by the original payee, Nalley Chevrolet, Inc., to the plaintiff, Associates Discount Corp., an answer which merely denies that the defendant is indebted to plaintiff, and denies that the note is attached to the petition, is a plea of general issue properly stricken on general demurrer. *Bowden v. Davison-Paxon Co.,*71 Ga. App. 379 (2) (31 SE2d 83); *Johnson v. Cobb,*100 Ga. 139 (2) (28 SE 72).

2. The note in question being for the face amount of $3,379.32 *475plus interest, and the amount sued for being $534.11, an amendment offered to the answer which sets out merely that an automobile, the consideration of the note, was repossessed and sold in contravention of some undisclosed agreement between the parties, that the defendant “had a sale for said car” to some undisclosed person in a greater amount than the sale in fact realized, and that the defendant’s nephew offered “to pay to said petitioner the entire amount due on said automobile” but which nowhere alleges that the balance for which the plaintiff sued on the note is not in fact owing to it presents no defense and is subject to be stricken on motion. *Watson v. Davis,*97 Ga. App. 378 (5) (103 SE2d 182).

Decided September 22, 1964

Rehearing denied October 14, 1964.

*Miles B. Sams,*for plaintiff in error.

3. The answer having been properly stricken, it was not error to enter up judgment by default against the defendant. *Code Ann.*§ 110-406; *Haney v. Brownlee,*102 Ga. App. 424 (116 SE2d 347).

The trial court did not err in striking the defendant’s answer and entering up a default judgment for the balance due on the note.

*Judgment affirmed.*

*Nichols, P. J., and Hall, J., concur.*