alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011269EN.01005701.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 269/57 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 269/57

---

Action brought on 21 July 2011 — Evonik Industries v OHIM — Bornemann (EVONIK)

(Case T-390/11)

2011/C 269/124

Language in which the application was lodged: German

Parties

Parties

Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Johann Heinrich Bornemann GmbH — Geschäftsbereich Kunststofftechnik Obernkirchen (Obernkirchen, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the defendant's decision (of the Second Board of Appeal) of 19 April 2011 (Case R 1802/2010-2) in so far as it denies international mark No 918 426‘EVONIK’ protection within the European Union; |
| --- | --- |

—

annul the defendant's decision (of the Second Board of Appeal) of 19 April 2011 (Case R 1802/2010-2) in so far as it denies international mark No 918 426‘EVONIK’ protection within the European Union;

| — | order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘EVONIK’ for goods and services in Classes 1, 2, 3, 4, 5, 6, 7, 9, 11, 16, 17, 19, 35, 37, 39, 40, 41 and 42 — International registration number 918 426.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Johann Heinrich Bornemann GmbH — Geschäftsbereich Kunststofftechnik Obernkirchen.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community word mark ‘EVO’ for goods and services in Classes 7, 37 and 42.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) and Articles 75 and 76 of Regulation No 207/2009 since, (i) there is no likelihood of confusion between the opposing marks, (ii) the Board of Appeal based its decision on grounds on which the applicant could not voice its opinion, and (iii) the Board of Appeal based its decision on arguments which were not raised by the opponent in the proceedings.

Pleas in law:

---
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<ARTICLE>           5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROMSEC FORM 10-K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>               0000826821
<NAME>              CERBCO, INC
<MULTIPLIER>        1,000

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</TABLE>
Maryland 

Department of 

the Environment 

April 12, 2016 

Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region Ill 

1650 Arch Street 

Philr!delphia, Pennsylvania 19103-2025 

DearM ~~ 

Lnrry Hognn 

Cover nor 

Boyd Rutherford 

Lieutenant Governor 

Ben Grumbles 

Secretary 

0) 

On December 31, 2012, Maryland submitted a revision to the Implementation, Maintenance, and 

Enforcement of the 2008 Ozone National Ambient Air Quality Standard State Implementation Plan 

("2012 Ozone SIP"). The EPA refers to this type of SIP submission as the "infrastructure" SIP 

because it ensures that states can implement, maintain and enforce the national am bient air 

quality standards (NAAQS). 

The 2012 Ozone SIP was submitted to address infrastructure elements (A)-(M) of Section 110(a)(2) 

of the Clean Air Act (CAA) for the 2008 Ozone NAAQS. The EPA acted to approve all sections of the 

2012 Ozone SIP on November 17, 2014 except Section 110(a)(2)(D)(i)(l). 

Section 110(a)(2)(D)(i)(l) contains requirements to address interstate transport and is commonly 

referred to as a Good Neighbor SIP. In Maryland's 2012 Ozone SIP, MOE acknowledged that the 

transport compon nt of the infrastructure SIP would need to be updated. MOE's SIP stated : 

iViaryiand is in t he process of adopting or pursuing adoption of additional control 

measures t hat are projected to further reduce its contribution to any remaining 

downwind nonattainment. 

The EPA did not issue findings on the good neighbor requirements in accordance with the Court's 

holding in EMf Homer City Generation. The EPA is developing modeling for states such as Maryland 

who need to demonstrate how transport will be mitigated in the transport section of this SIP. 

The purpose of this letter is to inform the EPA of Maryland's plans to submit an updated Good 

Neighbor SIP for the 2008 Ozone NAAQS and to withdraw from the EPA's consideration the 

transport portion of Maryland's 2012 Ozone SIP which addresses Section 110(a)(2)(D) of the CAA 

on pages 7-12. 

1800 Washington Boulevard I Baltimore. MO 21230 I 1·800-633-6101 I 410-537-3000 I nY Users 1-800·735·2258 

www.mde.maryland.gov 
Page 2 

Maryland is ready to submit its updated Good Neighbor SIP as soon as the final transport modeling 

being prepared by the EPA is released this fall. This SIP update will include numerous new control 

requirements adopted after December 31, 2012, like Maryland's new nitrogen oxide regulations for 

coal-fired power plants, updated EPA transport modeling and MOE's SIP quality transport and 

attainment modeling. 

As your staff has advised us, we will need to work closely with the EPA Region 3 to insure that the 

updated Maryland Good Neighbor SIP for the 2008 ozone NAAQS is fully approvable as the EPA has 

not yet released guidance on what states need to include in these SIPs to fully satisfy the transport 

provisions of the infrastructure SIP requirements of the CAA. 

If you have any questions regarding this letter, please contact Tad Aburn, Air Director at 

410-537-3255. 

Ben Grumbles 

Secretary
#### Davis *et al.*v. Jeffris.

(Syllabus by the Court.

Opinion filed May 12, 1894.)

Appeal from Circuit Court, Beadle county, Hon. E. G. Smith, Judge.

Action by Daniel Davis and Thomas Rankin against Thomas M. Jeffris. Judgment for defendant. Plaintiffs appeal.

Affirmed.

*A. B. Melville,*for appellants.

*F. Vollrath,*for respondent.

Fuller, J.

This case was argued and submitted with the case of these plaintiffs against David B. Jeffris, 5 S. D. 352, *36458 N. W. 815, arising out of the same state of facts, involving the same issues of law, and in which an opinion was filed this term, covering all the questions involved in that case, and by which this case must be controlled. For the reasons stated therein, the judgment of the trial court is affirmed.
#### § 503.52 Senior agency official.

The Managing Director is designated as Senior Agency Official of the Commission, and shall be responsible for directing, administering and reporting on the Commission's information security program, which includes oversight (self-inspection) and security information programs to ensure effective implementation of Executive Orders 13526 and 12968 and 32 CFR part 2001.

[76 FR 10263, Feb. 24, 2011]
§ 4.06-5 Responsibility of individuals directly involved in serious marine incidents. ( a ) Any individual engaged or employed on board a vessel who is determined to be directly involved in an SMI must provide a blood, breath, saliva, or urine specimen for chemical testing when directed to do so by the marine employer or a law enforcement officer.
( b ) If the individual refuses to provide a blood, breath, saliva, or urine specimen, this refusal must be noted on Forms CG-2692 and CG-2692B and in the vessel's official log book, if a log book is required. The marine employer must remove the individual as soon as practical from duties that directly affect the safe operation of the vessel.
( c ) Individuals subject to alcohol testing after an SMI are prohibited from consuming alcohol beverages for 8 hours following the occurrence of the SMI or until after the alcohol testing required by this part is completed.
( d ) No individual may be compelled to provide specimens for alcohol and drug testing required by this part. However, refusal to provide specimens is a violation of this subpart and may subject the individual to suspension and revocation proceedings under part 5 of this chapter, a civil penalty, or both.
[USCG-2001-8773, 70 FR 75961, Dec. 22, 2005, as amended by USCG-2016-0748, 83 FR 11902, Mar. 19, 2018]
Exhibit 10.8(b)STREAMLINE HEALTH SOLUTIONS, INC.AMENDMENT NO 1 DATED NOVEMBER 27, 2007 TO THE EMPLOYMENT AGREEMENT AMONG JOSEPH. O. BROWN, II,STREAMLINEHEALTH SOLUTIONS, INC F/K/A LANVISION SYSTEMS, INC. AND STREAMLINE HEALTH, INC. F/K/ALANVISION, INC.**Amendment No. 1 to Employment Agreement**     This **AMENDMENT NO. 1**is entered into as of this 27 day of November, 2007 by and amongStreamline Health Solutions, Inc., a Delaware corporation (“Parent”), Streamline Health, Inc., anOhio corporation (“Company”) and Joseph O. Brown, II (“Employee”).     WHEREAS, the Company and Employee entered into an Employment Agreement dated as of February 1,2004 (“Employment Agreement”), whereby Parent and the Company agreed to employ the Employee; and     WHEREAS, Parent, the Company and Employee desire to amend the Employment Agreement as setforth herein;     NOW, THEREFORE, in consideration of the premises and the agreements contained herein, andother good and valuable consideration, the receipt and adequacy of which the parties herebyacknowledge, the parties agree as follows:In consideration of the Employee’ responsibilities and roles, Parent and the Company agree to payEmployee effective November 1, 2007, Employee’s salary for the period commencing on such datethrough January 31, 2008 shall be One Hundred Sixty-five Thousand Dollars ($165,000).Continuing Agreement. Except for the changes set forth in this Amendment No.1, the EmploymentAgreement remains in full force and effect without modification.Counterparts**.**This Amendment No. 1 may be signed in counterparts by Parent, the Company andEmployee.”[Signatures follow on next page]
 

 
     **IN WITNESS WHEREOF,**the parties have executed this Amendment No. 1 as of the date set forthabove.         **Streamline Health Solutions, Inc.**           By: /s/ Paul W. Bridge, Jr.           Paul W. Bridge, Jr.
#### Alexander Vandenburgh and others, *Appellants, v.*William H. Hallock and others, *Respondents.*

Judgment reversed, new trial ordered,.costs to abide event. Opinion by

Daniels, J.
Exhibit 99.1

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

In connection with the Quarterly Report of SoundView Technology Group, Inc. on Form 10-Q for the period ended September 30, 2002
as filed with the Securities and Exchange Commission on the date hereof, I, Mark F. Loehr, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|Dated: November 14, 2002 |  | SOUNDVIEW TECHNOLOGY GROUP, INC.
|------------------------ |  | --------------------------------
|                         |  | By:                             

25

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

# District: 5
Federal Reserve Bank of: Richmond

## Filings received during the week ending July 7, 2007

|Filer                      | Filing Type | Filing Proposal                                                                                                                                                                                                                                                                                                                                                                                                                                                      | End of Comment Period                          
|-------------------------- | ----------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------
|WEST-CENTRAL BANCORP, INC. | CIC         | Notice by The First Neighborhood Bank Employee Stock Ownership Plan by its Trustees Garlan Miller, Richard E. Bowlby, and Charles L. Staats, of Spencer, West Virginia, and Jeanette Atkinson of Reedy, West Virginia, to retain control of 10.71% of the shares of West-Central Bancorp, Inc., Spencer, West Virginia.  This group would retain control of 13.59% of West-Central Bancorp, Inc., when including the shares individually controlled by the trustees. | Newspaper:07/18/2007Federal Register:07/26/2007
|Newspaper:                 | 07/18/2007 
|Federal Register:          | 07/26/2007 

## 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

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Home Banking information and regulation  Accessibility Contact 
  us
§ 45.61 Correction for superstructures and trunks. ( a ) Where the effective length *E* of superstructures and trunks that meet the requirements of subpart D of this part is 1.0*L,* the minimum summer freeboard may be corrected by subtracting 1 ⁄ 2H*s*.
( b ) Where the effective length of superstructures and trunks is less than 1.0*L* the minimum summer freeboard may be corrected by subtracting a percentage of one-half of the standard superstructure height (*H* *s*) determined by the formula: Percentage = (*E*/2*L*) (1 + *E*/*L*) × 100
( c ) To be eligible for the correction a trunk must— ( 1 ) Be at least as strong and as stiff as a superstructure;
( 2 ) Have no opening in the freeboard deck in way of the trunk, except small access openings;
( 3 ) Have hatchway coamings and covers that meet §§ 45.143 through 45.147;
( 4 ) Provide a permanent working platform fore and aft with guardrails;
( 5 ) Provide fore and aft access between detached trunks and superstructures by permanent gangways;
( 6 ) Be at least 60 percent of the breadth of the ship in way of the trunk; and
( 7 ) Be at least 0.6 *L* in length, if no superstructure, is provided.
§ 32.55-25 Venting of cargo tanks of tank barges constructed on or after July 1, 1951—B/ALL. ( a ) *Venting required.* ( 1 ) On all tank barges, subject to the provisions of this subchapter the construction or conversion of which is started on or after July 1, 1951, each cargo tank shall be equipped with a vent. The diameter of a vent shall be not less than 21 ⁄ 2 inches.
( 2 ) In any case where a venting system is required for a particular grade of liquid, the venting system permitted for a higher grade of liquid may be used instead.
( b ) *Grade A, B, or C liquids.* Cargo tanks in which Grade A, B, or C liquids are to be transported shall be fitted with either individual pressure-vacuum relief valves which shall extend to a reasonable height above the weather deck or shall be fitted with a venting system consisting of branch vent lines connected to a vent header which shall extend to a reasonable height above the weather deck and be fitted with a pressure-vacuum relief valve. The vent header system, if fitted, shall be provided with suitable connections for flushing and draining, and if desired, stop valves may be placed in the individual branch vent lines: *Provided,* That each such stop valve is bypassed by a pressure-vacuum relief valve.
( c ) *Grade D or E liquids.* Cargo tanks in which Grade D or E liquids only are to be transported shall be fitted with gooseneck vents and flame screens.
[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3709, Feb. 25, 1970]
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 of Ecosphere Technologies, Inc. (the “Company”) on Form 10-Q/A for the quarter ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof, I, Charles Vinick, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





1.
The quarterly 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 quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Charles VinickCharles Vinick

Chief Executive Officer

(Principal Executive Officer)





Dated: December 1, 2011











In connection with the quarterly report of Ecosphere Technologies, Inc. (the “Company”) on Form 10-Q/A for the quarter ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof, I, Adrian Goldfarb, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





1.
The quarterly 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 quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Adrian GoldfarbAdrian Goldfarb

Chief Financial Officer

(Principal Financial Officer)





Dated: December 1, 2011
§ 42.20-10 Free surface. When doing the calculations required in §§ 42.20-6(a), 42.20-7(a) and 42.20-8(a), the effect of free surface of the following liquids must be included: ( a ) For each type of consumable liquid, the maximum free surface of at least one transverse pair of tanks or a single centerline tank must be included. The tank or combination of tanks must be that resulting in the greatest free surface effect.
( b ) For cargo liquids, unless the compartment is assumed to be empty as required by § 42.20-9(b)(3), the free surface of those compartments containing liquids is calculated at an angle of heel of not more than 5 degrees.
[CGD 79-153, 48 FR 38649, Aug. 25, 1983]
§ 32.65-20 Pumprooms—TB/ALL. ( a ) Tank vessels handling Grade A, B, C, or D liquids shall have their cargo pumps isolated from all sources of vapor ignition by gastight bulkheads. Totally enclosed motors of the “explosion proof” type, motors ventilated on both the intake and exhaust by ducts to atmosphere, and engines driven by steam shall not be considered to be sources of vapor ignition. The gastight bulkhead between the pumproom and the pump-engine compartment may be pierced by fixed lights, drive shaft and pump-engine control rods, provided that the shafts and rods are fitted with stuffing boxes where they pass through the gastight bulkheads. The access to a cargo pumproom handling such liquids shall be from the open deck. (See § 32.60-20.0.)
**Exhibit
      32**








**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 of Victory Energy Corporation (the
“Company”) on Form 10-QSB for the period ending March 31, 2007 (the “Report”),
      Jon Fullenkamp, Principal Executive Officer of the Company, certifies, pursuant
      to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that:





1)
            The
                Report fully complies with the requirement 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 Company’s financial position and results of
                operations.











Date:
      May
      14, 2007     */s/
      Jon Fullenkamp*


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


Jon
      Fullenkamp


Principal
      Executive Officer


Principal
      Financial and


Accounting
      Officer