alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015118EN.01002301.xml

| 13.4.2015 | EN | Official Journal of the European Union | C 118/23 |
| --- | --- | --- | --- |

13.4.2015

EN

Official Journal of the European Union

C 118/23

---

Judgment of the General Court of 26 February 2015 — Pangyrus v OHIM — RSVP Design (COLOURBLIND)

(Case T-257/11) (1)

1

((Community trade mark - Invalidity proceedings - Community word mark COLOURBLIND - Word sign COLOURBLIND - Absolute ground for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 - No use in the course of trade of a sign of more than mere local significance - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation No 207/2009))

(2015/C 118/29)

Language of the case: English

Parties

Parties

Applicant: Pangyrus Ltd (York, United Kingdom) (represented by: S. Clubb, Solicitor, and M. Lindsay QC)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: RSVP Design Ltd (Brookfield, United Kingdom) (represented initially by M. Blair, and subsequently by J. MacKenzie, Solicitors)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 March 2011 (Case R 751/2009-4) concerning invalidity proceedings between Pangyrus Ltd and RSVP Design Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders Pangyrus Ltd to pay the costs. |
| --- | --- |

2)

Orders Pangyrus Ltd to pay the costs.

---

(1)  OJ C 211, 16.7.2011.

1

---
# C_2013086EN.01001701.xml

| 23.3.2013 | EN | Official Journal of the European Union | C 86/17 |
| --- | --- | --- | --- |

23.3.2013

EN

Official Journal of the European Union

C 86/17

---

Order of the General Court of 5 February 2013 — BSI v Council

(Case T-551/11) (1)

1

(Action for annulment - Dumping - Extension of anti-dumping duty imposed on the imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia - Independent importer - Article 263, fourth paragraph of TFEU - Lack of individual concern - Legislative measure containing implementing measure - Inadmissible)

2013/C 86/27

Language of the case: Italian

Parties

Parties

Applicant: Brugola Service International Srl (BSI) (Cassano Magnago, Italy) (represented by: S. Bariatti and M. Farneti, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: J.-P. Hix and P. Mahnič Bruni, Agents, assisted initially by G. Berrisch and M. de Morpurgo, then by G. Berrisch, lawyers)

Defendant:

Intervener in support of the defendant: European Commission (represented by: M. França and D. Grespan, Agents)

Intervener in support of the defendant:

Re:

Re:

Application for annulment of Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ 2011 L 194, p. 6).

Operative part of the order

Operative part of the order

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

1.

The action is dismissed as inadmissible.

| 2. | Brugola Service International Srl (BSI) is ordered to bear its own costs and to pay those incurred by the Council of the European Union. |
| --- | --- |

2.

Brugola Service International Srl (BSI) is ordered to bear its own costs and to pay those incurred by the Council of the European Union.

| 3. | The European Commission is ordered to bear its own costs. |
| --- | --- |

3.

The European Commission is ordered to bear its own costs.

---

(1)  OJ C 370, 17.12.2011.

1

---
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KENNETH HOLDEN, 

Plaintiff,

Case No. 14-14877

v.

HONORABLE AVERN COHN

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 18)

AND

GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 13)

AND

DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 16)

AND

REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDINGS

I.

This is a social security case. Plaintiff Kenneth Holden appeals from the final

determination of the Commissioner of Social Security (Commissioner) that he is not

disabled and therefore not entitled to disability insurance benefits. The matter was

referred to a magistrate judge for all pretrial proceedings. Plaintiff and the

Commissioner filed cross motions for summary judgment. Plaintiff requested that the

Commissioner’s decision be remanded for further proceedings. 

The magistrate judge issued a report and recommendation (MJRR), 

recommending that plaintiff’s motion be granted and the Commissioner’s motion be

denied and the matter remanded for further administrative proceedings. (Doc. 18) 

2:14-cv-14877-AC-MKM Doc # 19 Filed 11/06/15 Pg 1 of 2 Pg ID 626
II.

Neither party has filed objections to the MJRR and the time for filing objections

has passed. The failure to file objections to the report and recommendation waives any

further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d

1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's

report releases the Court from its duty to independently review the motions. Thomas v.

Arn, 474 U.S. 140, 149 (1985). 

However, the Court has reviewed the MJRR and agrees with the magistrate

judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED

as the findings and conclusions of the Court. Plaintiff’s motion for summary judgment is

GRANTED. The Commissioner’s motion for summary judgment is DENIED.

This matter is REMANDED for further administrative proceedings consistent with

the MJRR. 

SO ORDERED.

S/Avern Cohn 

AVERN COHN

Dated: November 6, 2015 UNITED STATES DISTRICT JUDGE

 Detroit, Michigan

2

2:14-cv-14877-AC-MKM Doc # 19 Filed 11/06/15 Pg 2 of 2 Pg ID 627
###### Editorial Note on Part 154

#### Editorial Note:

Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

#### § 154.1310 Closed gauge shut-off valve.

Each closed gauge that is not mounted directly on the cargo tank must have a shut-off valve that is as close to the tank as practical.
§ 169.607 Keel cooler installations. ( a ) Except as provided in this section, keel cooler installations must meet the requirements of § 56.50-96 of this chapter.
( b ) Approved metallic flexible connections may be located below the deepest load waterline if the system is a closed loop below the waterline and its vent is located above the waterline.
( c ) Fillet welds may be used in the attachment of channels and half round pipe sections to the bottom of the vessel.
( d ) Short lengths of approved nonmetallic flexible hose may be used at machinery connections fixed by hose clamps provided that— ( 1 ) The clamps are of a corrosion resistant material;
( 2 ) The clamps do not depend on spring tension for their holding power; and
( 3 ) Two clamps are used on each end of the hose or one hose clamp is used and the pipe ends are expanded or beaded to provide a positive stop against hose slippage.
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.019-11 Certification (affidavits). *General.* Affidavits required by § 164.019-5(c) must be notarized, and certify that a component complies in all respects with the material and construction requirements of a subpart of this part or part 160 of this chapter. Each affidavit must contain the following information: ( a ) Name and address of company.
( b ) Name and title of signing company official.
( c ) Description of the component by use of the unique style, part, or model number and other applicable distinctive characteristics such as weight, size, denier, treatments or coatings, etc.
( d ) Production data (to include lot, batch number, and quantity shipped) in sufficient detail to enable the manufacturer or purchaser to trace a shipment of components back to the lots of raw materials used in its manufacture.
( e ) The intended use of the component, from the list in § 164.019-7(c)(1).
( f ) The PFD Type(s) for which the component is a standard component, as determined by— ( 1 ) The standard material component requirements of part 160 of this chapter with which the component complies; or
( 2 ) The Use Code(s) of the component.
( g ) A statement indicating the specific provision(s) of this subchapter with which the component complies.
( h ) A copy of the records of all required production tests performed on the component lots that are covered by the affidavit.
----

----

|   | (i) | the                Report, to which this certification is attached as an exhibit, fully                complies with the requirements of Section 13(a) of the Securities                Exchange                Act of 1934 (15 U.S.C. 78m); and, |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Registrant. |
|--------|------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                October 18, 2006 | /s/                Michael                Michie                                   |
|----------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                   | Michael                Michie                                                                                                                                                                                                                                |
|                                   | Chief                Financial Officer                                                                                                                                                                                                                       |

----
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       4,113,374
<SECURITIES>                                         0
<RECEIVABLES>                                  991,767
<ALLOWANCES>                                    34,181
<INVENTORY>                                 42,492,067
<CURRENT-ASSETS>                            53,254,875
<PP&E>                                      22,477,471
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              91,156,643
<CURRENT-LIABILITIES>                       39,130,813
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       122,710
<OTHER-SE>                                  38,090,902
<TOTAL-LIABILITY-AND-EQUITY>                91,156,643
<SALES>                                     25,701,615
<TOTAL-REVENUES>                            28,016,058
<CGS>                                       18,152,377
<TOTAL-COSTS>                               26,993,734
<OTHER-EXPENSES>                             1,495,017
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (26,549)
<INCOME-PRETAX>                              (406,144)
<INCOME-TAX>                                 (162,100)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (244,044)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
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 on Form 10-Q of Achillion Pharmaceuticals, Inc. (the
Company) for the quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Michael D. Kishbauch, President and Chief Executive Officer of the
Company, hereby certifies, pursuant to Section 1350 of Chapter 63 of Title 18, United States Code, 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: October 29, 2008 |  | /s/ Michael D. Kishbauch             
|                        |  | Michael D. Kishbauch                 
|                        |  | President and Chief Executive Officer

A signed original of this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Federal Register Volume 72, Number 75 (Thursday, April 19, 2007)]
[Notices]
[Page 19702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1955]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meetings

Time and Date: 11 a.m., Friday, May 4, 2007.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status: Closed.

Matters to be Considered: Surveillance Matters.

Contact Person for More Information: Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 07-1955 Filed 4-16-07; 4:11 pm]
BILLING CODE 6351-01-M
```
<PAGE>   1
                          ONYX ACCEPTANCE CORPORATION
                       COMPUTATION OF EARNINGS PER SHARE
                                  Exhibit 11.1

<TABLE>
<CAPTION>
                                               FOR THE YEAR ENDED DECEMBER 31,
                                        -------------------------------------------
                                           1996             1995           1994
                                        ----------      -----------     -----------
<S>                                     <C>             <C>             <C>
PRIMARY:
Net Income (loss) attributable
  to common stock                       $7,671,826      $(3,762,960)    $(4,081,298)
                                        ==========      ===========     ===========
Shares as adjusted:
Weighted average common shares
  outstanding                            5,159,181        2,241,454       2,158,779
Incremental shares from outstanding
  stock options and warrants as
  determined under the treasury
  stock method                             541,334           16,647          96,081
                                        ----------      -----------     -----------
Shares as adjusted                       5,700,515        2,258,101       2,254,860
                                        ==========      ===========     ===========
Net income (loss) per share             $     1.35      $     (1.67)    $     (1.81)
                                        ==========      ===========     ===========
FULLY DILUTED:
Net Income (loss)
  attributable to common stock          $7,671,826      $(3,762,960)    $(4,081,298)
                                        ==========      ===========     ===========
Shares as adjusted:
Weighted average common shares
  outstanding                            5,159,181        2,241,454       2,158,779
Incremental shares from outstanding
  stock options and warrants as
  determined under the treasury
  stock method                             541,334           16,647          96,081
                                        ----------      -----------     -----------
Shares as adjusted                       5,700,515        2,258,101       2,254,860
                                        ==========      ===========     ===========
Net income (loss) per share             $     1.35      $     (1.67)    $     (1.81)
                                        ==========      ===========     ===========
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          41,746
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                41,746
<PP&E>                                         453,716
<DEPRECIATION>                                 369,043
<TOTAL-ASSETS>                                 126,419
<CURRENT-LIABILITIES>                        1,874,686
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       162,575
<OTHER-SE>                                  (1,892,813)
<TOTAL-LIABILITY-AND-EQUITY>                   126,419
<SALES>                                        324,329
<TOTAL-REVENUES>                               324,329
<CGS>                                          192,343
<TOTAL-COSTS>                                  945,974
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              41,000
<INCOME-PRETAX>                               (662,645)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (662,645)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (662,645)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### § 177.920 Storm rails.

Suitable storm rails or hand grabs must be installed where necessary in passageways, at deckhouse sides, and at ladders and hatches.
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

§ 154.903 Inert gas systems: General. ( a ) Inert gas carried or generated to meet §§ 154.901, 154.902, and 154.1848 must be non-flammable and non-reactive with the cargoes that the vessel is certificated to carry and the materials of construction of the cargo tanks, hold and interbarrier spaces, and insulation.
( b ) The boiling point and dew point at atmospheric pressure of the inert gas must be below the temperature of any surface in those spaces or −45 °C (−49 °F), whichever is warmer.
( c ) For the temperatures and pressures at which the gas is stored and used, storage vessels and inert gas piping must meet §§ 154.450 and 154.500 respectively.
[CGD 74-289, 44 FR 26009, May 3, 1979, as amended by USCG-2014-0688, 79 FR 58285, Sept. 29, 2014]
§ 169.739 Lifeboats. ( a ) The name and port of the vessel marked on its stern as required by § 67.15 of this chapter must be plainly marked or painted on each side of the bow of each lifeboat in letters not less than 3 inches high.
( b ) Each lifeboat must have its number plainly marked or painted on each side of the bow in figures not less than 3 inches high. The lifeboats on each side of the vessel must be numbered from forward aft, with the odd numbers on the starboard side.
( c ) The cubical contents and number of persons allowed to be carried in each lifeboat must be plainly marked or painted on each side of the bow of the lifeboat in letters and numbers not less than 11 ⁄ 2 inches high. In addition, the number of persons allowed must be plainly marked or painted on top of at least 2 thwarts in letters and numbers not less than 3 inches high.
( d ) Each oar must be conspicuously marked with the vessel's name.
( e ) Where mechanical disengaging apparatus is used, the control effecting the release of the lifeboat must be painted bright red and must have thereon in raised letters either the words—“DANGER-LEVER DROPS BOAT”, or the words—“DANGER-LEVER RELEASES HOOKS”.
( f ) The top of thwarts, side benches and footings of lifeboats must be painted or otherwise colored international orange. The area in way of the red mechanical disengaging gear control lever, from the keel to the side bench, must be painted or otherwise colored white, to provide a contrasting background for the lever. This band of white should be approximately 12 inches wide depending on the internal arrangements of the lifeboat.
#### Morning Telegraph Company, Respondent, *v.*The City of New York, Appellant.

Reported below, 132 App. Div. 634.

(Submitted October 4, 1909;

decided October 12, 1909.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover payment for publication of certain election notices.

The motion was made upon the ground that the action was for services, the judgment of the Appellate Division unanimous, and, therefore, not appealable of right to the Court of Appeals, and that permission to appeal had not been obtained.

*517
      *Ernest W. Marlow*and *Thomas W. Churchill*for motion.

*Frcmicis K.*Pendleton, *Corporation Counsel (Theodore Connohy*and *Terence Farley*of counsel), opposed.

Motion denied, with ten dollars costs.