alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006048EN.01003402.xml

| 25.2.2006 | EN | Official Journal of the European Union | C 48/34 |
| --- | --- | --- | --- |

25.2.2006

EN

Official Journal of the European Union

C 48/34

---

Action lodged on 31 October 2005 — Multikauf v OHIM

(Case T-395/05)

(2006/C 48/67)

Language of the case: German

Parties

Applicant: Multikauf Warenhandelsgesellschaft mBH (Krailling, Germany) (represented by: M. Bahmann, 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: Demo Holding S.A. (Luxembourg, Luxembourg)

Other party to the proceedings before the Board of Appeal:

Forms 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 20 June 2005 — served on the applicant's agent by DHL on 31 August 2005 — in appeal proceedings R 895/2004-1 |
| --- | --- |

—

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2005 — served on the applicant's agent by DHL on 31 August 2005 — in appeal proceedings R 895/2004-1

| — | dismiss the objection raised by the third party through its agent on 18 September 2001 to registration of the Community trade mark 1841121 ‘webmulti’. |
| --- | --- |

—

dismiss the objection raised by the third party through its agent on 18 September 2001 to registration of the Community trade mark 1841121 ‘webmulti’.

Pleas in law and main arguments

Applicant for Community trade mark: The applicant

Applicant for Community trade mark:

Community trade mark sought: The word mark ‘webmulti’ for goods and services in Classes 3, 7, 8, 9, 16, 20, 21, 25 and 30 — Registration application No 1 841 121

Community trade mark sought:

Proprietor of mark or sign cited in opposition proceedings: Demo Holding S.A.

Proprietor of mark or sign cited in opposition proceedings

Mark or sign cited in opposition: The Community, national and international word and figurative marks ‘WEB’ for goods in Classes 3, 9 and 25

Mark or sign cited in opposition

Decision of the Opposition Division: The opposition was allowed and the registration in respect of certain goods referred to in the application was refused

Decision of the Opposition Division:

Decision of the Board of Appeal: The applicant's appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: The opposing marks were not used for some of the goods.

Pleas in law:

---
EXHIBIT
32

# CERTIFICATION
PURSUANT TO

# 18
U.S.C. §1350,

# AS ADOPTED
PURSUANT TO

# SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report of Cognigen Networks, Inc. (the  Company)
on Form 10-QSB for the period ended September 30, 2006 as filed  with the Securities and
Exchange Commission on the date hereof (the  Report), I, Gary L. Cook, Acting
Chief Executive Officer and Chief  Financial Officer of the Company, certify, pursuant to
18 U.S.C. §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/ Gary L. Cook
Gary L. Cook
Acting Chief Executive Officer and Chief Financial Officer
| | ----------------------------------------------------------------------------------------

Dated: November
20, 2006

---
#### James PAULINO et al., Petitioners, v. Grady HARDISTER et al., Respondents. James PAULINO et al., Petitioners, v. GRADY HARDISTER, INC., et al., Respondents.

Nos. 46609, 46611.

Supreme Court of Florida.

Sept. 11, 1975.

Certiorari denied.

ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.

ADKINS, C. J., dissents.
#### EASTERN EXTENSION, AUSTRALASIA & CHINA TELEGRAPH COMPANY, LTD., v. THE UNITED STATES.

[54 C. Cls., 108; 251 U. S., 355.]

Judgment was rendered in favor of the defendants in the court below. On appeal the judgment was *affirmed,*and the Supreme Court decided:

The Court of Claims is without jurisdiction of a claim based on an obligation of the United States growing directly out of the treaty with Spain ceding the Philippine Islands or on one imposed by principles of international law as a consequence of the cession. *Eastern Extensión Tel. Co.*v. *United States,*231 U. S., 326; Jud. Code, see. 153.

*511To create an express or (in a strict sense) an implied contract binding the United States, some officer with express or implied power to commit the Government must have intended that result.

A cable company holding Spanish concessions in the Philippines obliging it to transmit Government messages, in part free and in part at reduced rates, and to pay certain taxes, and entitling it to a subsidy, claimed the subsidy from the United States, upon the ground that the Government, by accepting the benefits, had assumed the burdens of the concessions. *Held,*That no such contract could be derived from the facts as found.

Such a contract could not be implied from the use of the cable service in transmitting Government messages, when the Government paid the rates, in part reduced but all as fixed and charged by the company, and, through the Secretary of War, expressly declined free service.

Nor did any liability of the United States arise from expenditures made by the company in voluntarily extending its lines with approval of the Government given without prejudice to the Government’s rights.

The acceptance by subordinate executive officials of the insular government of payments tendered by the cable company in connection with statements of account assuming a recognition of its concessions and right to subsidy, *1held*no basis for implying an obligation of the United States to pay the subsidy.

Mr. Justice Claeke

delivered the opinion of the Supreme Court January 12, 1920.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Century Properties Fund XVIII 1997 Year-End 10-KSB and is qualified 
in its entirety by reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000704271         
<NAME> Century Properties Fund XVIII
<MULTIPLIER> 1,000     
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997   
<CASH>                                           2,025
<SECURITIES>                                         0
<RECEIVABLES>                                      104
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          26,859
<DEPRECIATION>                                   9,777   
<TOTAL-ASSETS>                                  19,508   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         18,550     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                         354    
<TOTAL-LIABILITY-AND-EQUITY>                    19,508    
<SALES>                                              0
<TOTAL-REVENUES>                                 4,917    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,460    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,395    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                457
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    108
<CHANGES>                                            0
<NET-INCOME>                                       565     
<EPS-PRIMARY>                                     6.79<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

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

The undersigned, Robert V. Condon, Chief Financial Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

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





/s/ Robert V. Condon
--------------------
Robert V. Condon
Chief Financial Officer
March 31, 2004
# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted April 3, 2019 *

Decided April 5, 2019

Before

J OEL M. FLAUM, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

AMY J. ST. EVE, Circuit Judge

No. 18

‐ 2965

UNITED STATES OF AMERICA,

Plaintiff

‐ Appellee

,

v

.

DAVID E. MALONE,

Defendant

‐ Appellant

. Appeal from the United States District

Court for the Northern District of Illinois,

Eastern Division.

No. 05

‐ CR

‐ 107

‐ 1

Elaine E. Bucklo,

J udge

.

O R D E R

David Malone is in prison for distributing cocaine. 1 He moved the district court

to reduce his sentence under 18 U.S.C. § 3582(c)(2) in light of Sentencing Guidelines

Amendment 782, U.S.S.G. Supp. to App. C, Amend. 782 (2014), which reduced the base

offense levels for drug offenses. The district court denied the motion on July 12, 2018.

To appeal, Malone had until July 26, 14 days from the court’s judgment. See F ED

. R. A PP

.

* We have agreed to decide this case without oral argument because the appeal is

frivolous. F ED

. R. A PP

. P. 34(a)(2)(A).

1 This appeal is Malone’s third related to this offense. See United States v. Malone

,

484 F.3d 916 (7th Cir. 2007); United States v. Malone

, 305 Fed. App’x 299 (7th Cir. 2009). NONPRECEDENTIAL DISPOSITION

To be cited onl y in accordance with Fed. R. A pp

. P. 32.1No. 18

‐ 2965 Page 2

P. 4(b)(1). The record shows, however, that he did not file the notice of appeal until

September.

On appeal, Malone asserts that he never received a copy of the judgment. But the

Federal Rules of Appellate Procedure preclude us from equitably tolling the time for

filing a notice of appeal. See F ED

. R. A PP

. P. 26(b)(1); Nutraceutical Corp. v. Lambert

,

139 S. Ct. 710, 714–15 (2019). The district court also did not extend the deadline for

doing so. And even if it had, it could have extended it only 30 days, until August 27.

See F ED

. R. A PP

. P. 4(b)(4), 26(a)(1)(C). In that case, Malone’s appeal still would have

been late.

DISMISSED
§ 417.166 Waiver of assurances. ( a ) *General rule.* CMS may release an HMO from compliance with any assurances the HMO gives under subpart D of this part if— ( 1 ) The qualification requirements are changed by Federal law; or
( 2 ) The HMO shows good cause, consistent with the purposes of title XIII of the PHS Act.
( b ) *Basis for finding of good cause.* ( 1 ) Grounds upon which CMS may find good cause include but are not limited to the following: ( i ) The HMO has filed for reorganization under Federal bankruptcy provisions and the reorganization can only be approved with the waiver of the assurances.
( ii ) State laws governing the entity have been changed after it signed the assurances so as to prohibit the HMO from being organized and operated in a manner consistent with the signed assurances.
( 2 ) Changes in State laws do not constitute good cause to the extent that the changes are preempted by Federal law under section 1311 of the PHS Act.
( c ) *Consequences of waiver.* If CMS waives any assurances regarding compliance with section 1301 of the PHS Act, CMS concurrently revokes the HMO's qualification unless the waiver is based on paragraph (a)(1) of this section.
[59 FR 49842, Sept. 30, 1994, as amended at 61 FR 27288, May 31, 1996]
# C_2006141EN.01000101.xml

| 16.6.2006 | EN | Official Journal of the European Union | C 141/1 |
| --- | --- | --- | --- |

16.6.2006

EN

Official Journal of the European Union

C 141/1

---

Euro exchange rates (1)

1

15 June 2006

(2006/C 141/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2610 |
| JPY | Japanese yen | 144,84 |
| DKK | Danish krone | 7,4547 |
| GBP | Pound sterling | 0,68225 |
| SEK | Swedish krona | 9,2765 |
| CHF | Swiss franc | 1,5522 |
| ISK | Iceland króna | 95,02 |
| NOK | Norwegian krone | 7,8475 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5750 |
| CZK | Czech koruna | 28,323 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 271,50 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0357 |
| RON | Romanian leu | 3,5242 |
| SIT | Slovenian tolar | 239,65 |
| SKK | Slovak koruna | 38,010 |
| TRY | Turkish lira | 2,0055 |
| AUD | Australian dollar | 1,7078 |
| CAD | Canadian dollar | 1,4045 |
| HKD | Hong Kong dollar | 9,7873 |
| NZD | New Zealand dollar | 2,0227 |
| SGD | Singapore dollar | 2,0053 |
| KRW | South Korean won | 1 210,06 |
| ZAR | South African rand | 8,6391 |
| CNY | Chinese yuan renminbi | 10,0879 |
| HRK | Croatian kuna | 7,2580 |
| IDR | Indonesian rupiah | 11 831,33 |
| MYR | Malaysian ringgit | 4,605 |
| PHP | Philippine peso | 67,003 |
| RUB | Russian rouble | 34,0890 |
| THB | Thai baht | 48,431 |

Currency

Exchange rate

USD

US dollar

1,2610

JPY

Japanese yen

144,84

DKK

Danish krone

7,4547

GBP

Pound sterling

0,68225

SEK

Swedish krona

9,2765

CHF

Swiss franc

1,5522

ISK

Iceland króna

95,02

NOK

Norwegian krone

7,8475

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5750

CZK

Czech koruna

28,323

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

271,50

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0357

RON

Romanian leu

3,5242

SIT

Slovenian tolar

239,65

SKK

Slovak koruna

38,010

TRY

Turkish lira

2,0055

AUD

Australian dollar

1,7078

CAD

Canadian dollar

1,4045

HKD

Hong Kong dollar

9,7873

NZD

New Zealand dollar

2,0227

SGD

Singapore dollar

2,0053

KRW

South Korean won

1 210,06

ZAR

South African rand

8,6391

CNY

Chinese yuan renminbi

10,0879

HRK

Croatian kuna

7,2580

IDR

Indonesian rupiah

11 831,33

MYR

Malaysian ringgit

4,605

PHP

Philippine peso

67,003

RUB

Russian rouble

34,0890

THB

Thai baht

48,431

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
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-QSB of Touchstone Applied Science Associates,
Inc. (the "Company"), for the quarter ended April 30,
2004, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Andrew
L. Simon, President, Chief Executive Officer and Chief
Financial Officer of the Company, hereby certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to
906 of the Sarbanes-Oxley Act of 2002, Touchstone
Applied Science Associates, Inc., to the best of my
knowledge, 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.

Dated:  June 14, 2004


                                /s/ ANDREW L. SIMON
                                ---------------------------

                                Andrew L. Simon, President,
                                Chief Executive Officer and
                                Chief Financial Officer

A signed original of this written statement required by
Section 906 has been provided to Touchstone Applied
Science Associates, Inc. and will be retained by
Touchstone Applied Science Associates, Inc. and
furnished to the Securities and Exchange Commission or
its staff upon request.
<PAGE>

                                 EXHIBIT 21
                  List of Subsidiaries of Chiron Corporation

<TABLE>
<CAPTION>

                                                  JURISDICTION OF
                                                  INCORPORATION OR
SUBSIDIARY                                        ORGANIZATION
----------                                        ----------------
<S>                                               <C>

Cetus Generic Corporation                          Delaware, USA

Chiron B.V.                                        The Netherlands

    Cephalon Chiron B.V.                           The Netherlands

Chiron GmbH                                        Germany

Chiron France S.a.r.l.                             France

Chiron Italia S.r.l                                Italy

Chiron U.K. Ltd.                                   United Kingdom

Chiron Iberia S.A.                                 Spain

Chiron Partners, Inc.                              California, USA

Chiron Alpha Corporation                           California, USA

Chiron/Cephalon JV                                 Delaware, USA

Chiron Properties, Inc.                            California, USA

Chiron Delta Corporation                           Delaware, USA

Chiron Investment Corporation                      California, USA

Chiron (Bermuda) Ltd.                              Bermuda

Chiron Redevelopment Corp. & Co. KG                Germany

31 Corsa Verwaltungsgesellschaft GmbH              Germany

    Chiron Behring GmbH & Co                       Germany

    Chiron Behring Verwaltungsgesellschaft GmbH    Germany

Chiron S.p.A.                                      Italy

    Instituto Vaccinogen Pozzi S.p.A.              Italy

Biocine S.A.R.L.                                   France

Chiron Technologies Pty. Ltd.                      Australia

Chiron Mimotopes U.S.                              California, USA

Chiron Redevelopment Corporation                   Missouri, USA

Chiron Foreign Sales Corporation                   U.S. Virgin Islands

Chiron Funding LLC                                 Delaware, USA

Centaur Insurance Company, Inc.                    Hawaii, USA

Chiron AB                                          Sweden

Chiron Vision, Inc.                                Canada

</TABLE>
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Exhibit 23.1

                         CONSENT OF INDEPENDENT ACCOUNTANTS

        We consent to the incorporation by reference in the registration
  statements of Aquila Biopharmaceuticals, Inc. (the "Company") on Forms S-8
  (File Nos. 33-324487 and 33-324491) of our report, dated February 25, 1998,
  on our audits of the financial statements of Aquila Biopharmaceuticals, Inc.
  as of December 31, 1997 and 1996, and for each of the three years in the
  period ended December 31, 1997, which report is included in this Annual
  Report on Form 10-K.


                                              /s/ Coopers & Lybrand
                                              COOPERS & LYBRAND L.L.P.


  Boston, Massachusetts
  March 16, 1998
Editorial Note on Part 411
Editorial Note: Nomenclature changes to part 411 appear at 71 FR 9471, Feb. 24, 2006

§ 411.1 Basis and scope. ( a ) *Statutory basis.* Sections 1814(a) and 1835(a) of the Act require that a physician certify or recertify a patient's need for home health services but, in general, prohibit a physician from certifying or recertifying the need for services if the services will be furnished by an HHA in which the physician has a significant ownership interest, or with which the physician has a significant financial or contractual relationship. Sections 1814(c), 1835(d), and 1862 of the Act exclude from Medicare payment certain specified services. The Act provides special rules for payment of services furnished by the following: Federal providers or agencies (sections 1814(c) and 1835(d)); hospitals and physicians outside of the U.S. (sections 1814(f) and 1862(a)(4)); and hospitals and SNFs of the Indian Health Service (section 1880 of the Act). Section 1877 of the Act sets forth limitations on referrals and payment for designated health services furnished by entities with which the referring physician (or an immediate family member of the referring physician) has a financial relationship.
( b ) *Scope.* This subpart identifies: ( 1 ) The particular types of services that are excluded;
( 2 ) The circumstances under which Medicare denies payment for certain services that are usually covered; and
( 3 ) The circumstances under which Medicare pays for services usually excluded from payment.
[54 FR 41734, Oct. 11, 1989, as amended at 60 FR 41978, Aug. 14, 1995; 60 FR 45361, Aug. 31, 1995; 66 FR 952, Jan. 4, 2001]