alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012118EN.01001102.xml

| 21.4.2012 | EN | Official Journal of the European Union | C 118/11 |
| --- | --- | --- | --- |

21.4.2012

EN

Official Journal of the European Union

C 118/11

---

Reference for a preliminary ruling from the Østre Landsret (Denmark), lodged on 31 January 2012 — The Commissioners for Her Majesty’s Revenue and Customs v Sunico ApS, M & B Holding ApS, Sunil Kumar Harwani

(Case C-49/12)

2012/C 118/17

Language of the case: Danish

Referring court

Referring court

Østre Landsret (Denmark)

Parties to the main proceedings

Parties to the main proceedings

Appellants: The Commissioners for Her Majesty’s Revenue and Customs

Appellants:

Respondents: Sunico ApS, M & B Holding ApS, Sunil Kumar Harwani

Respondents:

Question referred

Question referred

Must Article 1 of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters be interpreted as meaning that its scope extends to cover a case in which the authorities of a Member State bring a claim for damages against undertakings and natural persons resident in another Member State on the basis of an allegation — made pursuant to the national law of the first Member State — of a tortious conspiracy to defraud consisting in involvement in the withholding of VAT due to the first Member State?

1

---

(1)  OJ 2001 L 12, p. 1.

1

---
# C_2011362EN.01001802.xml

| 10.12.2011 | EN | Official Journal of the European Union | C 362/18 |
| --- | --- | --- | --- |

10.12.2011

EN

Official Journal of the European Union

C 362/18

---

Action brought on 6 October 2011 — Aloe Vera of America v OHIM — Diviril (FOREVER)

(Case T-528/11)

2011/C 362/27

Language in which the application was lodged: English

Parties

Parties

Applicant: Aloe Vera of America, Inc. (Dallas, United States) (represented by: R. Niebel and F. Kerl, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Diviril-Distribuidora de Viveres do Ribatejo, Lda (Alenquer, Portugal)

Other party to the proceedings before the Board of Appeal:

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 8 August 2011 in case R 742/2010-4; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 August 2011 in case R 742/2010-4; and

| — | Order the defendant and, as appropriate, the other party to the proceedings before the Board of Appeal to pay the costs. |
| --- | --- |

—

Order the defendant and, as appropriate, the other party to the proceedings before the Board of Appeal to pay the costs.

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: The figurative mark ‘FOREVER’, for goods in classes 3, 5, 30, 31 and 32 — Community trade mark application No 5617089

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

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

Mark or sign cited in opposition: Portuguese trade mark registration No 297697 of the figurative mark ‘4 EVER’, for goods in class 32

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal failed: (i) to correctly assess the proof of use provided by the other party to the proceedings before the Board of Appeal; (ii) to correctly identify the aural differences between the opposed trade marks; (iii) to correctly identify the conceptual differences between the trade marks in conflict; and (iv) to correctly identify the visual differences between the opposed trade marks.

Pleas in law:

---
§ 78.36-1 Application. ( a ) Provisions of this subpart shall apply to all vessels inspected and certificated in accordance with this subchapter.
( b ) [Reserved]
§ 67.257 Requirements for assignments of notices of claim of lien. An assignment of a notice of claim of lien must: ( a ) Be signed by or on behalf of each original claimant or last assignee of record; and
( b ) Recite the following: ( 1 ) The name and address of each claimant; and
( 2 ) The name and address of each assignee and the interest in the claim being assigned.
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: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending April 3, 2010

|Filer             | Filing Type    | Filing Proposal                                                                                                  | End of Comment Period                                  
|----------------- | -------------- | ---------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|PROVIDENT BANCORP | 4c8            | To engage de novo in investment advisory activities through a new SEC registered investment advisory subsidiary. | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:        | Not applicable
|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       

* Subject to the provisions of the Community Reinvestment Act

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
#### § 166.20 Applicants for certificates; when eligible for examination.

Applicants for certificates as able seamen will be eligible for examination after they have completed a course of study as outlined in §§ 166.05, 166.15, and applicants for certificates as qualified members of the engine department after they have completed a course of study as outlined in §§ 166.10, 166.15.
#### § 63.15-9 Inspections and tests.

All automatic auxiliary boilers must be inspected and tested in accordance with the requirements of part 61 of this subchapter.
§ 7.25 Montauk Point, NY to Atlantic Beach, NY. ( a ) A line drawn from Shinnecock East Breakwater Light to Shinnecock West Breakwater Light.
( b ) A line drawn from Moriches Inlet East Breakwater Light to Moriches Inlet West Breakwater Light.
( c ) A line drawn from Fire Island Inlet Breakwater Light 348° true to the southernmost extremity of the spit of land at the western end of Oak Beach.
( d ) A line drawn from Jones Inlet Light 322° true across the southwest tangent of the island on the north side of Jones Inlet to the shoreline.
§ 54.30-10 Method of performing mechanical stress relief. ( a ) The mechanical stress relief must be carried out in accordance with the following stipulations using water as the pressurizing medium: ( 1 ) At a hydrostatic pressure (measured at the tank top) of 1.5 times the design pressure. (See UA-60(e) of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1).)
( 2 ) At a temperature of 70 °F or the service temperature plus 50 °F, whichever is higher. Where the ambient temperature is below 70 °F, and use of water at that temperature is not practical, the minimum temperature for mechanical stress relief may be below 70 °F but must not be less than 50 °F above service temperature.
( 3 ) The stress relief must be at the required temperature and pressure and held for a period not less than 2 hours per inch of metal thickness, but in no case less than 2 hours.
( b ) It is considered preferable that mechanical stress relief be accomplished with the tanks in place on their saddles or supporting structure in the barge or ship in which they will be utilized. In any case, it is considered mandatory that the tank be supported only by its regular saddles or supporting structure, without any auxiliary or temporary supports.
[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65171, Oct. 31, 2008]
```

[Journal of the House of Representatives, 1995]
[Tuesday, March 14, 1995 (44), Para 44.13 Delaware Water Gap Recreation Area Vehicle Fees]
[Pages 376-377]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.44.13  delaware water gap recreation area vehicle fees

  Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 536) to 
ex

[[Page 377]]

tend indefinitely the authority of the Secretary of the Interior to 
collect a commercial operation fee in the Delaware Water Gap National 
Recreation Area, and for other purposes; as amended.
  The SPEAKER pro tempore, Mr. SHAYS, recognized Mr. HANSEN and Mr. 
RICHARDSON, each for 20 minutes.
  After debate,
  The question being put, viva voce,
  Will the House suspend the rules and pass said bill, as amended?
  The SPEAKER pro tempore, Mr. SHAYS, announced that two-thirds of the 
Members present had voted in the affirmative.
  Mr. RICHARDSON demanded that the vote be taken by the yeas and nays, 
which demand was supported by one-fifth of the Members present, so the 
yeas and nays were ordered.
  The SPEAKER pro tempore, Mr. SHAYS, pursuant to clause 5, rule I, 
announced that further proceedings on the motion were postponed.
```
Exhibit 32.1



Section 1350 Certifications

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

(subsections (a) and (b) of Section
1350, Chapter 63 of Title 18, United States Code)



Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Aviall, Inc. (the Company), does hereby certify, to such
officers knowledge, that:



The Quarterly Report on Form
10-Q for the quarter ended September 30, 2004 (the Form 10-Q) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form
10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-Q.



|                       |  |                                                
|---------------------- |  | -----------------------------------------------
|Date: October 28, 2004 |  | /s/ Paul E. Fulchino                           
|                       |  | Paul E. Fulchino                               
|                       |  | Chairman, President and Chief Executive Officer
|                       | 
|Date: October 28, 2004 |  | /s/ Colin M. Cohen                             
|                       |  | Colin M. Cohen                                 
|                       |  | Vice President and Chief Financial Officer     



The foregoing
certification is being furnished as an exhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)
and, accordingly, is not being filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date
hereof, regardless of any general incorporation language in such filing.



30
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          18,929
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,963
<PP&E>                                          12,936
<DEPRECIATION>                                   4,604
<TOTAL-ASSETS>                                  31,141
<CURRENT-LIABILITIES>                            5,216
<BONDS>                                             25
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           339
<OTHER-SE>                                      25,561
<TOTAL-LIABILITY-AND-EQUITY>                    31,141
<SALES>                                          1,177
<TOTAL-REVENUES>                                 4,750
<CGS>                                            1,359
<TOTAL-COSTS>                                    1,359
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   6
<INCOME-PRETAX>                               (23,125)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (23,125)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (23,125)
<EPS-PRIMARY>                                    (.72)
<EPS-DILUTED>                                    (.72)
        

</TABLE>
EXHIBIT 31.1

CERTIFICATION

I, Jeffrey Meckler, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of QLT Inc.; and
|-- | ------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 30, 2013



|                                                                                                          
|----------------------------------------------------------------------------------------------------------
|/s/ Jeffrey Meckler Jeffrey Meckler Chairman, Executive Transition Committee
(Principal Executive Officer)
EXHIBIT 32.2











CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to 18 U.S.C. Section 1350, the undersigned officer of National Penn Bancshares, Inc. (the "Company") hereby certifies that the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:
May 10, 2010

By:
/s/ Michael J. HughesName:
Michael J. HughesTitle:
Chief Financial Officer










The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and not for any other purpose.
```

[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Notices]               
[Page 57905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se10-33]                         

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

CONSUMER PRODUCT SAFETY COMMISSION

 
Sunshine Act Meetings

TIME AND DATE: Wednesday, September 29, 2010; 11 a.m.-12 Noon.

PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, 
Bethesda, Maryland.

STATUS: Closed to the Public.

Matter To Be Considered

Compliance Status Report

    The Commission staff will brief the Commission on the status of 
compliance matters. For a recorded message containing the latest agenda 
information, call (301) 504-7948.

CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: September 21, 2010.
Todd A. Stevenson,
Secretary.
[FR Doc. 2010-24023 Filed 9-21-10; 4:15 pm]
BILLING CODE 6355-01-P
```
ACCEPTED

11-17-00094-cv

ELEVENTH COURT OF APPEALS

EASTLAND, TEXAS

6/1/2017 2:56:08 PM

SHERRY WILLIAMSON

CLERK

 FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 06/01/17 2:56:08 PM SHERRY WILLIAMSON Clerk
SUBSIDIARIES OF THE REGISTRANT
 
                                        State of      Other Names Under Which
      Name of Subsidiary              Incorporation    Business is Conducted
 --------------------------------     -------------    ----------------------
 
 Contour Fabricators, Inc.                Michigan              None
 
 Contour Fabricators of Florida, Inc.     Florida               None
 
 AmeriDyne Corporation                    Tennessee             None
 
 Atlantic Medical Supply Company, Inc.    Georgia               None
 
 Americare Health Services Corp.          Delaware              None
 
 Americare Group Purchasing Corp.         Delaware              None
 
 Facility Supply, Inc.                    Florida               None
 
 Gerimed, Inc.                            Florida               None
 
 Florida ACLF, Inc.                       Florida               None
#### § 97.12-10 Cargo securing manuals.

Each U.S.-flagged vessel that must comply with Chapter VI/5.6 or Chapter VII/5 of the International Convention for the Safety of Life at Sea, 1974 as amended must have on board a cargo securing manual that meets the requirements of 33 CFR part 97.

[USCG-2000-7080, 81 FR 28018, May 9, 2016]
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**277 CA 15-00759** 
PRESENT: WHALEN, P.J., CENTRA, CARNI, DEJOSEPH, AND TROUTMAN, JJ.

SHARON JORDAN-PARKER AND CLARK PARKER, PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER

CITY OF BUFFALO, ET AL., DEFENDANTS, AND DESTRO & BROTHERS CONCRETE COMPANY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

LAW OFFICES OF EUGENE C. TENNEY, PLLC, BUFFALO (NATHAN C. DOCTOR OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (ALYSSA L. JORDAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered February 25, 2015. The order granted the motion of defendant Destro & Brothers Concrete Company, Inc., for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Sharon Jordan-Parker (plaintiff) when she tripped and fell over the base of a construction sign that had been placed on the sidewalk near the corner of South Park Avenue and Dorrance Avenue in Buffalo. The sign had been used in connection with a construction project undertaken by defendant City of Buffalo (City). Defendant Destro & Brothers Concrete Company, Inc. (Destro) was the general contractor and defendant DiDonato Associates, P.E., P.C. (DiDonato) was the consultant engineer on the project. Destro moved for summary judgment dismissing the complaint against it, and DiDonato and the City moved for summary judgment dismissing the complaint and cross claims against them. Supreme Court, in separate orders, granted the motions of Destro (appeal No. 1), DiDonato (appeal No.2), and the City (appeal No. 3). We affirm in all three appeals.

Defendants met their initial burden on their respective motions of establishing as a matter of law that the condition that caused plaintiff’s injury was open and obvious and not inherently dangerous ( see Koepke v Deer Hills Hardware, Inc . 118 AD3d 957, 958). Defendants submitted, inter alia, the deposition of plaintiff, wherein**-2- 277 CA 15-00759** 

she testified that she noticed the base of the sign immediately before she fell ( see Kaufmann v Lerner N.Y., Inc. , 41 AD3d 660, 661; Connor v Taylor Rental Ctr. , 278 AD2d 270, 270), and photographs of the accident scene showing that there was sufficient room on the sidewalk to allow pedestrians to avoid the base of the sign ( see Lazar v Burger Heaven , 88 AD3d 591, 591). In opposition to the motion, plaintiffs asserted that defendants failed to comply with regulations applicable to the project, but their unsubstantiated and nonspecific assertions in that regard were insufficient to raise a triable issue of fact ( see generally Matthews v Vlad Restoration Ltd. , 74 AD3d 692, 693).

Entered: March 25, 2016 Frances E. Cafarell Clerk of the Court
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LISA CRAIG, 

 Plaintiff, Case Number 15-12434 

 Honorable Terrence G. Berg 

v. 

CAMP BRIGHTON, 

 Defendant. 

________________________________________/ 

ORDER AMENDING DOCKET INFORMATION, STRIKING 

ORDER TO CORRECT DEFICIENCY (Dkt. 5), AND DIRECTING 

PLAINTIFF TO SUBMIT FILING FEE OR APPLICATION TO 

PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS 

 On July 27, 2015 the Court received mail returned as 

undeliverable as to Plaintiff Craig. Upon review of the case file, the 

Court discerned that Plaintiff’s address was incorrectly listed on the 

official docket. Plaintiff is no longer incarcerated and service should be 

effectuated at her place of residence. 

 Accordingly, it is ORDERED that the court’s docket be amended to 

reflect the correct address for Plaintiff Craig. 

Since Plaintiff is no longer incarcerated, the Court’s previous 

Order to Correct Deficiency entered on August 10, 2015 does not apply 

4:15-cv-12434-TGB-MKM Doc # 6 Filed 08/24/15 Pg 1 of 2 Pg ID 14
(Dkt. 5). Therefore, IT IS ORDERED that the Order to Correct 

Deficiency is STRICKEN. Plaintiff is directed to submit an application 

to proceed without prepaying fees or costs, or to submit the $400 civil 

case filing fee within 21 days of the date of this order. A copy of the 

application to proceed without prepayment of fees or costs is included 

with this order. 

IT IS FURTHER ORDERED that the Clerk of the Court is 

directed to serve Plaintiff with copies of all previously filed notices and 

orders in this matter that have not yet reached Plaintiff; specifically, 

the Notice Regarding Parties’ Responsibility to Notify Court of Address 

Changes (Dkt. 3) and Order to Correct Deficiency for Failure to Submit 

Filing Fee (Dkt. 5, now stricken). 

SO ORDERED. 

s/Terrence G. Berg 

TERRENCE G. BERG 

UNITED STATES DISTRICT JUDGE 

Dated: August 24, 2015 

 Flint, Michigan 

Certificate of Service 

I hereby certify that a copy of this order was served upon parties 

of record on August 24, 2015 via electronic or postal mail. 

s/A. Chubb 

Case Manager 

4:15-cv-12434-TGB-MKM Doc # 6 Filed 08/24/15 Pg 2 of 2 Pg ID 15