alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 174.065 Damage stability requirements. ( a ) Each unit must be designed so that, while in each of its normal operating conditions and severe storm conditions, its final equilibrium waterline would remain below the lowest edge of any opening through which additional flooding could occur if the unit were subjected simultaneously to— ( 1 ) Damage causing flooding described in §§ 174.075 through 174.085; and
( 2 ) A wind heeling moment calculated in accordance with § 174.055(b) using a wind velocity of 50 knots (25.8 meters per second).
( b ) Each unit must have a means to close off each pipe, ventilation system, and trunk in each compartment described in § 174.080 or § 174.085 if any portion of the pipe, ventilation system, or trunk is within 5 feet (1.5 meters) of the hull.
# C_2012126EN.01001801.xml

| 28.4.2012 | EN | Official Journal of the European Union | C 126/18 |
| --- | --- | --- | --- |

28.4.2012

EN

Official Journal of the European Union

C 126/18

---

Order of the General Court of 27 February 2012 — MIP Metro v OHIM — Jacinto (My Little Bear)

(Case T-183/11) (1)

1

(Community trade mark - Opposition proceedings - Expiry of the earlier national mark - Action devoid of purpose - No need to adjudicate)

2012/C 126/36

Language of the case: English

Parties

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Manuel Jacinto, Lda (S. Paio de Oleiros, Portugal)

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

da

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 January 2011 (Case R 494/2010-1), relating to opposition proceedings between Manuel Jacinto, Lda, and MIP Metro Group Intellectual Property GmbH & Co. KG.

da

Operative part of the order

Operative part of the order

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

1.

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

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---

(1)  OJ C 145, 14.5.2011.

1

---
EX-10.28.1



 





Exhibit 10.28.1








	 	 	 
	

	 	January 1, 2005






Jeffrey R. Black

100 Painters Drive

Chadds Ford, PA 19317



Dear Jeff:




     Reference is hereby made to that certain amended and restated employment agreement, dated as
of September 1, 2002 (as amended, the “Employment Agreement”), between you and Endo Pharmaceuticals
Inc. (the “Company”). Terms used but not defined in this letter shall have the meanings ascribed
to them in the Employment Agreement.



     Pursuant to Section 2.2 of the Employment Agreement, the Company hereby informs you that it
wishes to renew the Employment Agreement for an additional period of one year. If you are in
agreement, the Employment Period shall now cease on December 31, 2005, unless otherwise modified in
accordance with the terms of the Employment Agreement.



     All other terms and conditions of the Employment Agreement shall remain in full force and
effect. If you are in agreement with this renewal, which shall be effective as of the date first
above written, please execute below.



	 	 	 
	

	 	Sincerely,
	 
	 	 
	

	 	/s/ Carol A. Ammon
	 
	 	 
	

	 	Carol A. Ammon

Chairman & Chief Executive Officer






ACCEPTED AND AGREED THIS 21st DAY OF JANUARY 2005:




/s/ Jeffrey R. Black

Jeffrey R. Black
BILLING CODE: 6715-01-M 

FEDERAL ELECTION COMMISSION

Sunshine Act Notice

AGENCY: FEDERAL ELECTION COMMISSION 

DATE & TIME: WEDNESDAY, MAY 6, 2015 AT 2:00 P.M.

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

STATUS: THIS HEARING WILL BE OPEN TO THE PUBLIC.

ITEM TO BE DISCUSSED:

Audit Hearing: Gary Johnson 2012, Inc.

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

interpretation or other reasonable accommodations, should contact Shawn Woodhead 

Werth, Secretary, at (202) 694-1040, at least 72 hours prior to the hearing date.

PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer

Telephone: (202) 694-1220

Signed: _______________________________

Shawn Woodhead Werth

Secretary and Clerk of the Commission

Submitted: April 29, 2015
The Honorable Susan Webber Wright, Chief Judge, United States Dist rict Court 1 for the Eastern District of Arkansas.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2983

___________ Angela Rosamond, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. MCX Transport, Inc.; Joe Estes * [UNPUBLISHED] Langley, * * Appellees. *

___________ Submitted: January 6, 1999 Filed: January 13, 1999

___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. An gela Rosamond appeals from a jury verdict awarding her damages agains t MCX Transport, I nc. Rosamond challenges certain evidentiary rulings by the district court and its ex clusion of a proffered jury instruction. Having carefully reviewed the 1 re cordand the parties & submissions on appeal, we conclude that the challenge d evidentiary rulings were not an abuse of the district court’s discretion and that the-2-

court’s exclusion of the instruction in question did not violate Arkansas law . Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 23.1

**Report on Financial Statement Schedule and Consent of Independent Auditors**

The Board of Directors

Siebel Systems, Inc.

The audits referred to in our report dated January 22, 2001
included the related financial statement schedule as of December 31, 2000, and
for each of the years in the three-year period ended December 31, 2000, as
listed in the Index in Item 14(a)2 herein.  The financial statement schedule is
the responsibility of the Company's management.  Our responsibility is to
express an opinion on the financial statement schedule based on our audits.  In
our opinion, the financial statement schedule, when considered in relation to
the basic consolidated financial statements taken as a whole, presents fairly in
all material respects, the information set forth therein.



We consent to incorporation by reference in the registration
statements on Forms S-3 (Nos. 333-47062, 333-36967, 333-40259, 333-68041, 333-91777,
and 333-94261) and Forms S-8 (Nos. 333-07983, 333-22763, 333-40437, 333-53369,
333-72969, 333-85007, 333-94243, 333-41792, 333-49986, 333-51018, and
333-52998) of Siebel Systems, Inc. of our reports dated January 22, 2001,
relating to the consolidated balance sheets of Siebel Systems, Inc. and
subsidiaries as of December 31, 1999 and 2000, and the related consolidated
statements of operations and comprehensive income, stockholders' equity and cash
flows for each of the years in the three-year period ended December 31, 2000,
and related consolidated financial statement schedule, which reports appear in
the December 31, 2000, annual report on Form 10-K of Siebel Systems, Inc.

/s/ KPMG LLP

Mountain View, California
March 26, 2001

---
#### Maynard N. Clement, as State Commissioner of Excise, Respondent, *v.*The Empire State Surety Company, Appellant, Impleaded with Another.

*Clement*v. *Umpire State Surety Co.,*134 App. Div. 910, affirmed.

(Submitted December 7, 1909;

decided January 4, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered *536July 21, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover upon a liquor tax bond.

*Hugo Hirsch*and *Ferd W. Buermeyer*for appellant.

*Royal R. Scott*and *Russel Headley*for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.
# C_2012025EN.01004002.xml

| 28.1.2012 | EN | Official Journal of the European Union | C 25/40 |
| --- | --- | --- | --- |

28.1.2012

EN

Official Journal of the European Union

C 25/40

---

Appeal brought on 24 November 2011 by Omnicare, Inc. against the judgment of the General Court (First Chamber) delivered on 9 September 2011 in Case T-289/09: Omnicare, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Astellas Pharma GmbH

(Case C-587/11 P)

(2012/C 25/76)

Language of the case: English

Parties

Appellant: Omnicare, Inc. (represented by: M. Edenborough QC)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Astellas Pharma GmbH

Form of order sought

The appellant seeks an Order that the judgment under appeal be annulled. Further, the Appellant seeks an Order for its costs of this appeal and before the General Court.

Pleas in law and main arguments

The Appellant relies upon a single plea in law, namely that the General Court wrongly applied Article 8(1)(b) of Council Regulation (EC) No 207/2009 (1) (the ‘New Regulation’). This case involves an opposition brought by Astellas Pharma GmbH (formerly Yamanouchi Pharma GmbH) (the ‘Opponent’) based upon the Opponent's German trade mark registration No 394 01348 and an allegation of the existence of confusion pursuant to Article 8(1)(b) of the Council Regulation (EC) No 40/94 (2) (‘the Old Regulation’) (but which is identical to the pertinent parts of the New Regulation). As the earlier mark had been registered for more than five years before the Opposition was commenced, it was necessary for the Opponent to prove that the mark has been put to genuine use in order for it to be used as a basis for the Opposition.

It is submitted that the General Court wrongly held that the earlier trade mark upon which the Opponent relied had, as a matter of law, been put to genuine use. It is not disputed that the mark in question had actually been used in the course of trade by or with the consent of the Opponent in relation to the services for which it was registered. However, that use was in relation to the provision of services for which no charge was levied. Accordingly, as a matter of law, such use cannot be invoked to establish that the mark had been put to genuine use. This point has been the subject of some case law, which the Appellant submits (a) was mis-applied by the General Court, and (b) is inconsistent in any event. Accordingly, the matter of the legal consequences that ought to be drawn in such a factual scenario needs to be resolved by this Court.

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark

OJ L 78, p. 1

(2)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark

OJ L 11, p. 1

---
EXHIBIT 23







Independent Auditors' Consent



The Board of Directors
AvTel Communications, Inc.


We consent to  incorporation  by reference in the  Registration  Statement  (No.
333-30725) on Form S-8 of AvTel  Communications,  Inc. of our report dated March
24, 1998, relating to the consolidated  balance sheets of AvTel  Communications,
Inc.  and  subsidiaries  as of  December  31,  1997 and  1996,  and the  related
consolidated statements of operations,  stockholders' equity, and cash flows and
related schedule,  for each of the years in the three-year period ended December
31,  1997,  which  report  appears  in the  annual  report on Form 10-K of AvTel
Communications, Inc. for the fiscal year ended December 31, 1997.



/s/ KPMG PEAT MARWICK LLP

KPMG PEAT MARWICK LLP



Dallas, Texas
April 10, 1998









<PAGE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF ANTHONY CRANE RENTAL HOLDINGS, L.P. AND
SUBSIDIARIES AS OF AND FOR THE PERIOD ENDED MARCH 31, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           5,214
<SECURITIES>                                         0
<RECEIVABLES>                                   33,249
<ALLOWANCES>                                   (1,795)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                41,038
<PP&E>                                         484,078
<DEPRECIATION>                                 117,928
<TOTAL-ASSETS>                                 430,354
<CURRENT-LIABILITIES>                           26,189
<BONDS>                                        420,910
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (18,851)
<TOTAL-LIABILITY-AND-EQUITY>                   430,354
<SALES>                                         48,902
<TOTAL-REVENUES>                                48,902
<CGS>                                           31,516
<TOTAL-COSTS>                                   31,516
<OTHER-EXPENSES>                                 9,616
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,705
<INCOME-PRETAX>                                (1,935)
<INCOME-TAX>                                       101
<INCOME-CONTINUING>                            (2,036)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,036)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Excite,
Inc.'s Annual Report on Form 10-K for the year ended December 31, 1998 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          45,366
<SECURITIES>                                    16,239
<RECEIVABLES>                                   38,014
<ALLOWANCES>                                   (1,422)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               148,518
<PP&E>                                          57,452
<DEPRECIATION>                                (21,515)
<TOTAL-ASSETS>                                 220,673
<CURRENT-LIABILITIES>                           59,038
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        813
<COMMON>                                            52
<OTHER-SE>                                     142,534
<TOTAL-LIABILITY-AND-EQUITY>                   220,673
<SALES>                                              0
<TOTAL-REVENUES>                               154,105
<CGS>                                                0
<TOTAL-COSTS>                                   29,073
<OTHER-EXPENSES>                               158,649
<LOSS-PROVISION>                                 2,772
<INTEREST-EXPENSE>                               2,843
<INCOME-PRETAX>                               (36,974)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (36,974)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (36,974)
<EPS-PRIMARY>                                   (0.78)<F1><F2>
<EPS-DILUTED>                                   (0.78)<F2>
<FN>
<F1>For purposes of this exhibit, Primary means Basic.
<F2>In June 1998, the Board of Directors declared a two-for-one stock split which
was in the form of a 100% stock dividend. In accordance with Regulation S-K
Item 601, prior period financial data schedules have not been restated for the
stock split.
</FN>
        

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

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           4,352
<INT-BEARING-DEPOSITS>                           2,655
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     28,371
<INVESTMENTS-CARRYING>                           1,000
<INVESTMENTS-MARKET>                               991
<LOANS>                                        214,582
<ALLOWANCE>                                        512
<TOTAL-ASSETS>                                 261,637
<DEPOSITS>                                     202,125
<SHORT-TERM>                                    12,250
<LIABILITIES-OTHER>                              2,914
<LONG-TERM>                                      4,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            28 
<OTHER-SE>                                      40,321
<TOTAL-LIABILITIES-AND-EQUITY>                 261,637
<INTEREST-LOAN>                                 16,927
<INTEREST-INVEST>                                1,862
<INTEREST-OTHER>                                   227
<INTEREST-TOTAL>                                19,016
<INTEREST-DEPOSIT>                              10,151
<INTEREST-EXPENSE>                              10,466
<INTEREST-INCOME-NET>                            8,550
<LOAN-LOSSES>                                      167
<SECURITIES-GAINS>                                (15)
<EXPENSE-OTHER>                                  8,294
<INCOME-PRETAX>                                    931
<INCOME-PRE-EXTRAORDINARY>                         610
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       610
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    3.18
<LOANS-NON>                                        198
<LOANS-PAST>                                       369
<LOANS-TROUBLED>                                   463
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   412
<CHARGE-OFFS>                                       74
<RECOVERIES>                                         7
<ALLOWANCE-CLOSE>                                  512
<ALLOWANCE-DOMESTIC>                                17
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            495
        

</TABLE>
§ 172.050 Damage stability. ( a ) Each tank barge is assigned a hull type number by the Commandant in accordance with § 32.63-5 of this chapter. The requirements in this section are specified according to the hull type number assigned.
( b ) Except as provided in paragraph (c) of this section, each Type I and II barge hull must have a watertight weather deck.
( c ) If a Type I or II barge hull has an open hopper, the fully loaded barge must be shown by design calculations to have at least 2 inches (50mm) of positive GM when the hopper space is flooded to the height of the weather deck.
( d ) When demonstrating compliance with paragraph (c) of this section, credit may be given for the buoyancy of the immersed portion of cargo tanks if the tank securing devices are shown by design calculations to be strong enough to hold the tanks in place when they are subjected to the buoyant forces resulting from the water in the hopper.
( e ) Each tank barge must be shown by design calculations to have at least 2 inches (50 mm) of positive GM in each condition of loading and operation after assuming the damage specified in paragraph (f) of this section is applied in the following locations: ( 1 ) *Type I barge hull not in an integrated tow.* If a Type I hull is required and the barge is not a box barge designed for use in an integrated tow, design calculations must show that the barge hull can survive damage at any location including on the intersection of a transverse and longitudinal watertight bulkhead.
( 2 ) *Type I barge hull in an integrated tow.* If a Type I hull is required and the barge is a box barge designed for operation in an integrated tow, design calculations must show that the barge can survive damage— ( i ) To any location on the bottom of the tank barge except on a transverse watertight bulkhead; and
( ii ) To any location on the side of the tank barge including on a transverse watertight bulkhead.
( 3 ) *Type II hull.* If a Type II hull is required, design calculations must show that the barge can survive damage to any location except to a transverse watertight bulkhead.
( f ) For the purpose of paragraph (e) of this section— ( 1 ) Design calculations must include both side and bottom damage, applied separately; and
( 2 ) Damage must consist of the most disabling penetration up to and including penetrations having the following dimensions: ( i ) Side damage must be assumed to be as follows: ( A ) Longitudinal extent—6 feet (183 centimeters).
( B ) Transverse extent—30 inches (76 centimeters).
( C ) Vertical extent—from the baseline upward without limit.
( ii ) Bottom damage must be assumed to be 15 inches (38.1 centimeters) from the baseline upward.
EX-32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND ACTING CHIEF FINANCIAL OFFICER
(Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002),

I, Harry Masuda, Chief Executive Officer and Acting Chief Financial Officer of
Human BioSystems. (the "Registrant"), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, based on my knowledge:

(1)  the Quarterly Report on Form 10-QSB of the Registrant for the period ended
March 31, 2005, to which this certification is attached as an exhibit
(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 Registrant.


Dated:May 16, 2005


/s/ Harry Masuda
-----------------
Harry Masuda
Chief Executive Officer and
Acting Chief Financial Officer


<PAGE>16
Exhibit 99.1


Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the filing of the Quarterly Report on Form 10Q for the
Quarter ended December 31, 2002 (the "Report") by Nevstar Gaming and
Entertainment Corp, the undersigned hereby certifies that:

1.  The Report complies in all material respects 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 the operations of
    Registrant.


                                               /s/ ______________
                                               William O. Fleischman
                                               Chief Executive Officer and
                                               Chief Financial Officer