alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013225EN.01007101.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/71 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 225/71

---

Judgment of the General Court of 30 May 2013 — ultra air v OHIM — Donaldson Filtration Deutschland (ultrafilter international)

(Case T-396/11) (1)

1

(Community trade mark - Invalidity proceedings - Community word mark ultrafilter international - Absolute ground for refusal - Article 52(1)(a) of Regulation (EC) No 207/2009 - Abuse of rights)

2013/C 225/156

Language of the case: German

Parties

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz and M. Teworte-Vey, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action seeking the annulment of the decision of the Fourth Board of Appeal of OHIM of 18 May 2011 (Case R 374/2010-4), relating to invalidity proceedings between ultra air GmbH and Donaldson Filtration Deutschland GmbH

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 May 2011 (Case R 374/2010-4); |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 May 2011 (Case R 374/2010-4);

| 2. | Orders OHIM to bear its own costs and those incurred by ultra air GmbH; |
| --- | --- |

2.

Orders OHIM to bear its own costs and those incurred by ultra air GmbH;

| 3. | Orders Donaldson Filtration Deutschland GmbH to bear its own costs. |
| --- | --- |

3.

Orders Donaldson Filtration Deutschland GmbH to bear its own costs.

---

(1)  OJ C 298, 8.10.2011.

1

---
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.201-2 Incorporation by reference. ( a ) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html*.
( b ) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org*. ( 1 ) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.201-3(a).
( 2 ) [Reserved]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of General Medical Sciences Special Emphasis Panel; High-Accuracy Protein Structure Meeting.                    

*Date:*                         April 20, 2007.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814.                    

*Contact Person:*                         C Craig Hyde, PhD, Scientific Review Administrator, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN18, MSC 6200, Bethesda, MD 20892, (301) 435-3825,                         *hydec@nigms.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS)

Dated: March 26, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-1613 Filed 3-30-07; 8:45 am]

BILLING CODE 4140-01-M
#### Samuel M. Pettingill, *Appellant, v.*Alfred S. Barnes, *Respondent*.

Judgment and order affirmed, with costs and disbursements. Opinion by

Dykman, J.
BILLING CODE: 6715-01-M
 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notice 

AGENCY: FEDERAL ELECTION COMMISSION 

DATE & TIME: THURSDAY, APRIL 7,2011 AT 10:00 AM. 

PLACE: 999 E STREET, N.W., WASHINGTON, D.C. (NINTH FLOOR) 

STATUS: THIS MEETING WILL BE OPEN TO THE PUBLIC. 

ITEMS TO BE DISCUSSED: 

Correction and Approval of the Minutes for the Meeting of March 16, 2011 

Draft Advisory Opinion 2011-03: Democratic Senatorial Campaign 

Committee, National Republican Congressional Committee, Republican 

National Committee, Democratic Congressional Campaign Committee, and 

National Republican Senatorial Committee by Marc E. Elias, Esq., Jessica 

Furst, Esq., John Phillippe, Esq., Brian G. Svoboda, Esq., and Michael E. 

Toner, Esq. 

Draft Advisory Opinion 2011-04: American Israel Public Affairs Committee 

by Philip Friedman, Esq. 

Proposed Final Audit Report on Tennessee Democratic Party (A07-07) 

Management and Administrative Matters. 

Individuals who plan to attend and require special assistance, such as sign language 

interpretation or other reasonable accommodations, should contact Shawn Woodhead 

Werth, Commission Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to 

the hearing date. 

PERSON TO CONTACT FOR INFORMATION:	 Judith Ingram, Press Officer 

Te~phone: (202)694-1220 

Signed: 

Shawn Woodhead Werth 

Secretary and Clerk of the Commission 

Submitted: March 31, 2011
#### In the Matter of the Application of the New York, Lackawanna and Western Railway Company to acquire crossing over New York, Lake Erie and Western Bailway Company.

Order of confirmance affirmed, with costs against appellants. Opinion by

Boardman, J.
----

----

|                                                                                                                            |   | Year ended December 31, |   |   | Year ended December 31, |   |
|---------------------------------------------------------------------------------------------------------------------------------|--------|-------------------------|--------|--------|-------------------------|--------|
|                                                                                                                            |   | 2010                    |   |   | 2009                    |   |
|                                                                                                                            |   |                    |   |   |                    |   |
| Weighted average number of shares used in the computation of basic earning (loss) per share                                     |   |                    | 2,622  |   |                    |   | 2,606 |   |
|                                                                                                                            |   |                    |   |   |                    |   |   |   |
| Weighted average number of shares used in the computation of diluted earning per share                                          |   |                    | 2,757  |   |                    |   | 2,606 |   |
|                                                                                                                            |   |                    |   |   |                    |   |   |   |
| Options and warrants which were not included in the computation of diluted earning (loss) per share due to anti dilutive effect |   |                    | 1,442  |   |                    |   | 1,333 |   |

----

----
<PAGE>

                                                                      EXHIBIT 14

                                 CODE OF ETHICS

Our Director and Officer Code of Ethics requires us to conduct our business
consistent with our Company's values and in accordance with applicable laws. The
Code of Ethics requires that we be responsive to the stakeholders whom we
represent and ensure their interests are appropriately balanced, protected, and
preserved. These guidelines are intended to help each of us understand our
responsibilities and make the right choices. They are also meant to stimulate
awareness of ethical issues that we may encounter in our daily business
activities. Doing the right thing begins with intellectual honesty and
integrity. More than ever, it also depends on our good judgment and sensitivity
to the way others see us and how they may interpret our actions.

This Code of Ethics provides principles that Directors and Officers of QualMark
Corporation are expected to adhere to and advocate.

All QualMark Directors and Officers will:

1)       Act with honesty and integrity, avoiding actual or apparent conflicts
         of interest in personal and professional relationships.

2)       Provide constituents with information that is accurate, complete,
         objective, relevant, timely, and understandable.

3)       Comply with rules and regulations of federal, state, provincial, and
         local governments, and other appropriate private and public regulatory
         agencies.

4)       Act in good faith; responsibly; and with due care, competence, and
         diligence, without misrepresenting material facts or allowing one's
         independent judgement to be subordinated.

5)       Respect the confidentiality of information acquired in the course of
         one's work and not disclose such confidential information except in
         circumstances where authorized by relevant officers or otherwise
         legally obligated to disclose to government authorities or pursuant to
         court order. Confidential information acquired in the course of one's
         work will not be used for personal advantage.

6)       Share knowledge and maintain skills important and relevant to
         constituents' needs.

7)       Proactively promote ethical behavior as a responsible partner among
         peers, in the work environment, and in the community.

8)       Achieve responsible use of and control over all assets and resources
         employed by the Company or entrusted to its care.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED STATEMENTS OF INCOME AND CONSOLIDATED BALANCE SHEETS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             119
<SECURITIES>                                         2
<RECEIVABLES>                                      185
<ALLOWANCES>                                        55
<INVENTORY>                                         19
<CURRENT-ASSETS>                                   355
<PP&E>                                           4,479
<DEPRECIATION>                                     489
<TOTAL-ASSETS>                                   5,901
<CURRENT-LIABILITIES>                              369
<BONDS>                                          1,564
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       3,331
<TOTAL-LIABILITY-AND-EQUITY>                     5,901
<SALES>                                          2,023
<TOTAL-REVENUES>                                 2,023
<CGS>                                                0
<TOTAL-COSTS>                                    1,713
<OTHER-EXPENSES>                                     6
<LOSS-PROVISION>                                    25
<INTEREST-EXPENSE>                                  58
<INCOME-PRETAX>                                    221
<INCOME-TAX>                                       101
<INCOME-CONTINUING>                                118
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       118
<EPS-PRIMARY>                                      .45
<EPS-DILUTED>                                      .45
        

</TABLE>
§ 169.563 Firehose. ( a ) One length of firehose must be provided for each fire hydrant required.
( b ) Vessels less than 90 feet in length must have commercial firehose or equivalent of not over 11 ⁄ 2 inch diameter or garden hose of not less than 5 ⁄ 8 inch nominal inside diameter. If garden hose is used, it must be of a good commercial grade constructed of an inner rubber tube, plies of braided cotton reinforcement and an outer rubber cover, or of equivalent material, and must be fitted with a commercial garden hose nozzle of good grade bronze or equivalent metal.
( c ) Vessels of 90 feet or more must have lined commercial firehose that conforms to UL 19 or Federal Specification ZZ-H-451(incorporated by reference, see § 169.115). The firehose must be fitted with a combination nozzle approved under § 162.027 of this chapter.
( d ) Each length of firehose must be a single piece 50 feet long.
( e ) Firehose must be connected to the hydrants at all times, except that, on open decks where no protection is afforded to the hose, it may be temporarily removed from the hydrant in heavy weather and stowed in an accessible nearby location.
[CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-2012-0196, 81 FR 48295, July 22, 2016]
# C_2013189EN.01002202.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/22 |
| --- | --- | --- | --- |

29.6.2013

EN

Official Journal of the European Union

C 189/22

---

Order of the General Court of 14 May 2013 — Régie Networks and NRJ Global v Commission

(Case T-273/11) (1)

1

(Action for annulment - State aid - State aid scheme implemented by France in favour of radio broadcasting - Decision not to raise objections - Lack of interest in bringing proceedings - Manifest inadmissibility)

2013/C 189/45

Language of the case: French

Parties

Parties

Applicants: Régie Networks (Lyon, France) and NRJ Global (Paris, France) (represented by: B. Geneste and C. Vannini, lawyers)

Applicants:

Defendant: European Commission (represented by: B. Stromsky and S. Thomas, acting as Agents)

Defendant:

Re:

Re:

Annulment of Commission Decision C(2010) 6483 final of 29 September 2010 concerning the State aid scheme No C-4/2009 (ex N 679/97) implemented by the [French Republic] to promote radio broadcasting and declaring that scheme compatible with the internal market, subject to compliance with certain conditions.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Régie Networks and NRJ Global shall pay the costs. |
| --- | --- |

2.

Régie Networks and NRJ Global shall pay the costs.

---

(1)  OJ C 226, 30.7.2011.

1

---
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JEFFERY PAYNE, #193531,

Petitioner,

v. CASE NO. 2:14-CV-14903 

HONORABLE GEORGE CARAM STEEH

THOMAS WINN, 

Respondent.

_________________________________/

OPINION AND ORDER DISMISSING THE PETITION FOR A WRIT OF

HABEAS CORPUS AND DENYING A CERTIFICATE OF APPEALABILITY

Michigan prisoner Jeffery Payne (“petitioner”) has filed a pro se petition for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. At the time he instituted this action, however,

he did not pay the required filing fee nor submit an application to proceed in forma pauperis. 

See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915; Rule 3 of the Rules Governing § 2254 Cases. 

The Court, therefore, issued a deficiency order on January 8, 2015 requiring the petitioner

to either pay the filing fee or submit a properly completed in forma pauperis application. The

order provided that if he did not do so within 21 days, his case would be dismissed. The time

for submitting either the filing fee or the required information has elapsed and the petitioner

has not corrected the deficiency. Accordingly, the Court DISMISSES WITHOUT

PREJUDICE the petition for a writ of habeas corpus. The Court makes no determination as

to the merits of the petition. This case is CLOSED.

Before the petitioner may appeal the Court’s decision, a certificate of appealability

must issue. See 28 U.S.C. § 2253(c)(1)(a); Fed. R. App. P. 22(b). A certificate of

appealability may issue “only if the applicant has made a substantial showing of the denial

2:14-cv-14903-GCS-RSW Doc # 5 Filed 02/11/15 Pg 1 of 2 Pg ID 20
of a constitutional right.” 28 U.S.C. § 2253(c)(2). When a federal court denies relief on

procedural grounds without addressing the merits of a habeas petition, a certificate of

appealability should issue if it is shown that jurists of reason would find it debatable whether

the petitioner states a valid claim of the denial of a constitutional right and that jurists of

reason would find it debatable whether the district court was correct in its procedural ruling. 

Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Reasonable jurists could not debate the

correctness of the Court’s procedural ruling. Accordingly, the Court DENIES a certificate of

appealability.

IT IS SO ORDERED.

Dated: February 11, 2015

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

February 11, 2015, by electronic and/or ordinary mail and also

on Jeffery Payne #193531, Saginaw Correctional Facility,

9625 Pierce Road, Freeland, MI 48623.

s/Barbara Radke

Deputy Clerk

2

2:14-cv-14903-GCS-RSW Doc # 5 Filed 02/11/15 Pg 2 of 2 Pg ID 21
§ 185.720 Weekly maintenance and inspections. The following tests and inspections must be carried out weekly on a vessel: ( a ) Each survival craft, rescue boat, and launching appliance must be visually inspected to ensure its readiness for use;
( b ) Each rescue boat engine must be run ahead and astern for not less than 3 minutes, unless the ambient temperature is below the minimum temperature required for starting the engine; and
( c ) Each battery for rescue boat engine starting must be brought up to full charge at least once each week if: ( 1 ) The battery is of a type that requires recharging; and
( 2 ) The battery is not connected to a device that keeps it continuously charged.
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



I, John Stanton, the Chief Executive Officer of
PowerCerv Corporation (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:



|(1) | the Annual Report on Form 10-KSB of the Company for the year ended December 31, 2003 (the Report) fully complies with the requirements of Section 13 (a) or 15 (d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this written statement required by Section 906 has been provided to
PowerCerv Corporation. and will be retained by PowerCerv Corporation.



|                      |  |                  |  |                        
|--------------------- |  | ---------------- |  | -----------------------
|Dated: April 14, 2004 |  | /s/ John Stanton
|                      |  | Name:            |  | John Stanton           
|                      |  | Title:           |  | Chief Executive Officer