alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011145EN.01003501.xml

| 14.5.2011 | EN | Official Journal of the European Union | C 145/35 |
| --- | --- | --- | --- |

14.5.2011

EN

Official Journal of the European Union

C 145/35

---

Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)

(Case T-171/11)

2011/C 145/58

Language of the case: German

Parties

Parties

Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4;

| — | Order OHIM to pay the costs, including those incurred in the course of the appeal procedure. |
| --- | --- |

—

Order OHIM to pay the costs, including those incurred in the course of the appeal procedure.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20

Community trade mark concerned:

Decision of the Examiner: partial rejection of the application

Decision of the Examiner:

Decision of the Board of Appeal: dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has distinctive character and is not descriptive

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)

1

---
Commission for Lawyer



# Fourth Court of Appeals

San Antonio, Texas

September 1 0, 2013

N o. 04

- 12

- 00816

- CV

Daniel A. BASS, Appellant

v.

C OMMISSION FOR LAWYER DISCIPLINE,

Appellee

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2011

- CI

- 19911 The Honorable Mollee Bennett Westfall, Judge Presiding



### O R D E R

Appellant’s brief was due to be filed by August 28 , 2013. Neither the brief nor a motion for extension of time has been filed. It is therefore ORDERED that appellant show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for want of prosecution. T EX

. R. A PP

. P . 38.8(a).

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 10th day of September, 2013

.

___________________________________ Keith E. Hottle

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

§ 164.117-3 Testing, marking, and inspection requirements. ( a ) Floor finishes for SOLAS vessels submitted for type approval must be tested for surface flammability in Annex 1, Part 5, and the smoke density and toxicity criteria of Annex 1, Part 2, of the FTP Code (incorporated by reference, see § 164.117-2).
( b ) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at *http://psix.uscg.mil/EQLabs/Default.aspx .*
( c ) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections.
( d ) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a floor finish.
( e ) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing.
( f ) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number.
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our report  dated March 16, 1999 (except for Note 11, as to which
the  date  is May 19,  1999)  accompanying  the  restated  financial  statements
included in the Amended Annual Report of ModaCAD,  Inc. on Form 10-KSB/A for the
year  ended  December  31,  1998.  We hereby  consent  to the  incorporation  by
reference  of said report in the  Registration  Statements  of ModaCAD,  Inc. on
Forms S-3 (#333-76745,  dated April 21, 1999), S-3 (#333-76777,  dated April 22,
1999), S-8 (#333-61443, dated August 14, 1998), S-8 (#333-35987, dated September
19, 1997),  S-3/A (#333-26349,  dated June 18, 1997),  S-3/A (#333-26691,  dated
June 18, 1997), and S-8 (#333-21775, dated February 14, 1997).



SINGER LEWAK GREENBAUM & GOLDSTEIN LLP

Los Angeles, California
May 19, 1999
**UNITED STATES ENVIRONMENTAL PROTECTION AGENCY** NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE ANN ARBOR, MI 48105 - 2498 OFFICE OF AIR AND RADIATION July 19, 2012 MEMORANDUM SUBJECT: Meeting July 18, 2012 between Pat Raher Esq. and EPA representatives FROM: Steven Silverman, Attorney OGC TO: EPA Docket # EPA - HQ - OAR - 2010 - 0799 On July 18, 2012, Pat Raher (counsel for Daimler - Mercedes) met with various EPA representatives includin g Office Director Margo Oge, Ed Nam, Matt Spears and myself. Mr. Raher clarified certain aspects of Daimler’s suggestion that credits generated by certain heav y duty engines should be transferable to the light duty sector. Specifically , the company ’s sug gestion is that a medium heav y duty engine could generate credits which could be used in the light duty sector if a 4 cylinder engine is used which engine is also used in light duty applications and the total amount of credits is capped. We noted that thi s suggestion was well bey ond the scope of the proposal, and also would require amending the heav y dut y rules which restrict credit transferability

to certain specified averaging sets within the heavy duty sector. However, we noted that the issue could be appropriate for consideration in later model year heav y dut y GHG rules, or in the midterm review of the MYs 2012 - 2025 light duty rules.

.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 9
Federal Reserve Bank of: Minneapolis

## Filings received during the week ending March 31, 2007

|Filer             | Filing Type    | Filing Proposal                                                                                                                                                                                                | End of Comment Period                                 
|----------------- | -------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------
|1ST BANK          | * 18C* Branch  | 1st Bank, Evanston, Wyoming, to merge with North Side State Bank of Rock Springs, Rock Springs, Wyoming, and incident thereto proposes to establish a branch at 601 North Front Street, Rock Springs, Wyoming. | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:        | Not available 
|Federal Register: | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                          <C>
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                          DEC-27-1998
<PERIOD-START>                             DEC-29-1997
<PERIOD-END>                               DEC-27-1998
<CASH>                                           3,766
<SECURITIES>                                         0
<RECEIVABLES>                                    1,716
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<CURRENT-ASSETS>                                16,853
<PP&E>                                         122,403
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 375,142
<CURRENT-LIABILITIES>                           47,088
<BONDS>                                        125,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           341
<OTHER-SE>                                     129,017
<TOTAL-LIABILITY-AND-EQUITY>                   375,142
<SALES>                                        371,919
<TOTAL-REVENUES>                               371,919
<CGS>                                          127,573
<TOTAL-COSTS>                                  127,573
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,938
<INCOME-PRETAX>                              (249,823)
<INCOME-TAX>                                       221
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<CHANGES>                                            0
<NET-INCOME>                                 (203,927)
<EPS-PRIMARY>                                   (6.18)
<EPS-DILUTED>                                   (6.18)
        

</TABLE>
§ 181.120 Equipment installed but not required. ( a ) Fire extinguishing equipment installed on a vessel in excess of the requirements of §§ 181.400 and 181.500 must be designed, constructed, installed, and maintained in accordance with a recognized industry standard acceptable to the Commandant (CG-ENG-4).
( b ) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— ( 1 ) Components are listed by an independent, nationally recognized testing laboratory as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance;
( 2 ) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and
( 3 ) Coast Guard plan review is completed for wiring plans.
[USCG-2012-0196, 81 FR 48299, July 22, 2016]
* Pursuant to 5TH CIR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 25, 2007 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 06-10301 Summary Calendar

ANDREW MACEDONIO CORTEZ, Plaintiff-Appellant,

versus P. R. GENUALDO, Badge No. 3052, Fort Worth Police Department, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas

(4:04-CV-782) Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM: * Proceeding pro se , Andrew Macedonio Cortez, Texas prisoner # 1194766, appeals the summary-judgment dismissal of his 42 U.S.C. § 1983 complaint , in which he raised: an excessive-force claim against P.R. Genualdo, a police officer with the Fort Worth Police Department ; and the denial of his motion for appointment of counsel.2

A summary judgment is reviewed de novo . E .g., Guillory v. Domtar Indus., Inc. , 95 F.3d 1320, 1326 (5th Cir. 1996). Such judgment is appropriate when the record demonstrates “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law”. FED . R. CIV . P. 56(c); Little v. Liquid Air Corp. , 37 F.3d 1069, 1075 (5th Cir. 1994)( en banc ). If the movant meets this burden , the nonmovant must show, inter alia , a genuine material-fact issue for trial. Celotex Corp. v. Catrett , 477 U.S. 317, 324 (1986). The nonmovant cannot do so with conclusional allegations, unsubstantiated assertions, or only a scintilla of evidence. Little , 37 F.3d at 1075. Summary judgment was proper because no record evidence shows Genualdo committed the assault alleged by Cortez. To the contrary, Cortez testified he did not see Genualdo assault him and failed to present any evidence identifying Genualdo as the officer who allegedly did so. The district court did not abuse its discretion in declining to appoint counsel to represent Cortez. See Ulmer v. Chancellor , 691 F.2d 209, 212 (5th Cir. 1982). AFFIRMED
#### § 296.40 Billing procedures.

*Submission of voucher.* For contractors operating under more than one MSP Operating Agreement, the contractor may submit a single monthly voucher applicable to all its MSP Operating Agreements. Each voucher submission shall include a certification that the vessel(s) for which payment is requested were operated in accordance with § 296.31(d) and applicable MSP Operating Agreements with MARAD, and consideration shall be given to reductions in amounts payable as set forth in § 296.41(b) and (c). All submissions shall be forwarded to the Director, Office of Accounting, MAR-330, Maritime Administration, 2nd Floor, West Building, 1200 New Jersey Ave. SE., Washington, DC 20590. Payments shall be paid and processed under the terms and conditions of the Prompt Payment Act, 31 U.S.C. 3901.

[82 FR 56898, Dec. 1, 2017]
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                       YEAR
<FISCAL-YEAR-END>                          JUL-31-1998             JUL-31-1997
<PERIOD-START>                             AUG-01-1997             AUG-01-1996
<PERIOD-END>                               JUL-31-1998             JUL-31-1997
<CASH>                                     153,728,200              40,776,258
<SECURITIES>                                         0                       0
<RECEIVABLES>                               12,166,470               7,188,262
<ALLOWANCES>                                 1,208,000                 554,000
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                           200,796,790              60,744,744
<PP&E>                                       6,596,831               3,524,776
<DEPRECIATION>                               2,636,772               1,127,176
<TOTAL-ASSETS>                             317,235,336              65,419,009
<CURRENT-LIABILITIES>                       53,875,241              22,615,315
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       389,916                 275,932
<OTHER-SE>                                 236,773,758              37,371,095
<TOTAL-LIABILITY-AND-EQUITY>               317,235,336              65,419,009
<SALES>                                     56,060,305              22,273,042
<TOTAL-REVENUES>                            56,060,305              22,273,042
<CGS>                                       12,513,259               4,335,941
<TOTAL-COSTS>                               87,551,536              31,022,704
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                           (28,439,484)             (6,619,190)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                       (28,439,484)             (6,619,190)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                              (28,439,484)             (6,619,190)
<EPS-PRIMARY>                                   (0.92)                   (.24)
<EPS-DILUTED>                                   (0.92)                   (.24)
        

</TABLE>
#### Rosanna C. McGuire, *Respondent, v.*Philip O’Brien, *Appel*lant.

Judgment and order denying new trial affirmed, with costs. Opinion by

Dykman, J.;

Pratt, J., not sitting.
§ 179.330 Watertight doors. ( a ) Hinged watertight doors are not permitted in bulkheads required by § 179.210 or § 179.212 unless the vessel will not proceed more than 20 nautical miles from shore and: ( 1 ) The door separates a machinery space from an accommodation space and, in the judgment of the cognizant OCMI, the door will be kept closed except when a person is passing through the door; or
( 2 ) The Commandant determines that, due to the arrangements of the vessel, the door will be kept closed except when a person is passing through the door.
( b ) A hinged watertight bulkhead door must be fitted with a quick action closing devise operable from both sides of the door and indicator lights at the operating station showing whether the door is open or closed.
( c ) Sliding watertight doors must meet the requirements of part 170, subpart H in subchapter S of this chapter.
( d ) No more than one watertight door may be fitted in a watertight bulkhead, and it must be located as high and as far inboard as practicable.
[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Notices]
[Pages 21232-21236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2095]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 07-11]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/DBO/CFM, (703) 604-
6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 07-11 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: April 24, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 21233]]

[GRAPHIC] [TIFF OMITTED] TN30AP07.004


[[Page 21234]]


[GRAPHIC] [TIFF OMITTED] TN30AP07.005


[[Page 21235]]


[GRAPHIC] [TIFF OMITTED] TN30AP07.006


[[Page 21236]]


[GRAPHIC] [TIFF OMITTED] TN30AP07.007

[FR Doc. 07-2095 Filed 4-27-07; 8:45 am]
BILLING CODE 5001-06-C
Presidential Documents

Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Presidential Documents 25185 

Proclamation 8138 of May 1, 2007 

National Physical Fitness and Sports Month, 2007 

By the President of the United States of America 

A Proclamation 

National Physical Fitness and Sports Month is an opportunity to educate 

Americans about the importance of healthy habits and regular physical 

activity. During this annual observance, we renew our commitment to helping 

keep our citizens physically active, and we recognize the value of incorporating exercise and sports into our daily lives. 

Regular physical activity is vital to good health. By maintaining an active 

lifestyle, citizens can reduce their risk of developing chronic health conditions. Participating in outdoor activities and individual or team sports helps 

promote physical fitness. These activities also teach young people important 

life lessons, including teamwork, patience, and discipline. 

My Administration is committed to helping ensure the good health of all 

Americans. This year is the fifth anniversary of the HealthierUS initiative, 

which helps Americans improve their personal health and fitness and prevent 

disease. The President’s Council on Physical Fitness and Sports is spreading 

the message that a healthy America is a country that is physically active. 

Additionally, this year the Department of Health and Human Services and 

its partners launched a public awareness campaign to promote exercise 

and eating well to America’s youth. This campaign encourages kids to ‘‘Be 

a Player: Get Up and Play an Hour a Day.’’ To find out other ways to 

improve health, Americans can visit fitness.gov or presidentschallenge.org. 

By making physical fitness a priority, our citizens can help prevent disease 

and live healthier lives. 

NOW, THEREFORE I, GEORGE W. BUSH, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and laws of the United States, do hereby proclaim May 2007 as National 

Physical Fitness and Sports Month. I call upon my fellow citizens to participate in athletic activities and make physical fitness a priority in their lives. 

I also encourage individuals, schools, and communities to celebrate this 

month with appropriate activities and programs. 

mmaher on DSK3CLS3C1PROD with $$_JOB

25186 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this first day of 

May, in the year of our Lord two thousand seven, and of the Independence 

of the United States of America the two hundred and thirty-first. 

[FR Doc. 07–2219 

Filed 5–2–07; 8:54 am] 

Billing code 3195–01–P 


mmaher on DSK3CLS3C1PROD with $$_JOBGWBOLD.EPS
§ 120.550 General alarm systems. ( a ) All vessels with overnight accommodations must be equipped with a general alarm system.
( b ) A vessel of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers must have a general alarm that meets the requirements of § 113.25 in subchapter J of this chapter.
( c ) The public address system required by § 121.610 of this chapter may be used to sound the general alarm signal.