alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018142EN.01004201.xml

| 23.4.2018 | EN | Official Journal of the European Union | C 142/42 |
| --- | --- | --- | --- |

23.4.2018

EN

Official Journal of the European Union

C 142/42

---

Judgment of the General Court of 1 March 2018 — Shoe Branding Europe v EUIPO — adidas (Device of two parallel stripes on a shoe)

(Case T-85/16) (1)

1

((EU trade mark - Opposition proceedings - Application for EU figurative mark consisting of two parallel stripes on a shoe - Earlier EU figurative mark representing three parallel stripes on a shoe - Relative ground for refusal - Damage to reputation - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)))

(2018/C 142/54)

Language of the case: English

Parties

Parties

Applicant: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by: J. Løje, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: adidas AG (Herzogenaurach, Germany) (represented by: I. Fowler and I. Junkar, Solicitors)

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

Re:

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2015 (Case R 3106/2014-2), relating to opposition proceedings between adidas and Shoe Branding Europe.

Operative part of the order

Operative part of the order

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Shoe Branding Europe BVBA to pay the costs. |
| --- | --- |

2.

Orders Shoe Branding Europe BVBA to pay the costs.

---

(1)  OJ C 136, 18.4.2016.

1

---
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA : CRIMINAL ACTION

: NO. 05-98

v. :

:

GREGORY H. LADNER :

O R D E R

AND NOW, this 9th day of March, 2012, for the reasons 

provided in the accompanying Memorandum, it is hereby ORDERED as 

follows:

(1) The Government’s Motion to Dismiss (ECF No. 71) is 

GRANTED;

(2) The Motion to Vacate, Set Aside, or Correct 

Sentence Pursuant to 28 U.S.C. § 2255 (ECF No. 65) is DENIED and 

DISMISSED with prejudice;

(3) A Certificate of Appealability will not issue; and

(4) Counsel for the Government shall contact the U.S. 

Probation Office to determine Petitioner’s current address and 

serve a copy of this Order and the accompanying Memorandum by 

Certified Mail on Petitioner at that address. 

AND IT IS SO ORDERED.

_s/Eduardo C. Robreno______ 

EDUARDO C. ROBRENO, J.

Case 2:05-cr-00098-ER Document 76 Filed 03/12/12 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT Ffi.EJ 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA D AUG 2 7 ? 

£°017 

FLOYD M. BROWN, 

Petitioner, 

v. 

EDWARD KLEM, et al., 

Respondents. 

ORDER 

CIVIL ACTION 

NO. 05-0824 

AND NOW, this 21st day of August 2017, upon consideration of Petitioner's Motion for 

Relief from a Judgment Pursuant to Fed. R. Civ. P. 60(b) (Doc. No. 24), the Response in 

Opposition (Doc. No. 27), and Petitioner's Reply (Doc. Nos. 30-33), and in accordance with the 

Opinion of the Court issued this day, it is ORDERED that Petitioner's Motion (Doc. No. 24) is 

DENIED. This case shall remain closed for statistical purposes. 

ENTERED 

AUG 2 2 2017 

CLERK OF COURT 

BYTHECOURT:
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                    EXHIBIT 21.1

                              LIST OF SUBSIDIARIES
                              AT SEPTEMBER 30, 2003

<TABLE>
<CAPTION>
SUBSIDIARY                                    JURISDICTION
----------                                    ------------
<S>                                           <C>
Advanced Crystal Technology, LLC (ACT, LLC)   Tennessee

Colorado Medical Cyclotron, LLC               Colorado

CTI PET Systems, Inc.,                        Tennessee
      d/b/a CPS Innovations

CTI, GmbH                                     Germany

CTI Molecular Imaging-Europe Limited          United Kingdom

CTI Molecular Imaging-Iberia, S.L.            Spain

CTI Molecular Imaging-Italia, S.r.L.          Italy

CTI Molecular Imaging-UK Limited              United Kingdom

CTIMI Korea Co., Ltd.                         South Korea

CTI Services, Inc.                            Tennessee

CTI (The Power Behind PET) Limited            Hong Kong

Mirada Solutions Limited                      United Kingdom

Monrol Izotop Servisi Anonim Sirketi          Turkey

New England PETNet Manufacturing              Massachusetts
& Distribution Center, LLC

P.E.T.Net Pharmaceuticals, Inc.               Tennessee

Oxford Intelligent Visualisation              United Kingdom
& Analysis Limited (OXIVA)

P.E.T.Net Pharmaceutical Services-            California
California, Inc.

PETNET Houston, LLC                           Texas
</TABLE>

<PAGE>

<TABLE>
<S>                                           <C>
PETNet Indiana, LLC                           Indiana

PETNet Pharmalogic, LLC                       Tennessee

Tower PET Center, LLC                         Delaware
</TABLE>
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

FELIX D. WHITTINGTON, : CIVIL ACTION 

 : 

 Plaintiff : 

 : 

v. : 

: 

DONALD VAUGHN, et al., : 

 : 

 Defendants : No. 02-4346 

PRAECIPE FOR ENTRY OF APPEARANCE

To the Clerk of the Court: 

 Pursuant to the Rules of Civil Procedure of the United States District Court for the 

Eastern District of Pennsylvania 5.1, kindly enter the appearance of the undersigned as counsel 

for defendants Donald Vaughn, Mary Canino, Skip Field, Commonwealth SCI Graterford, 

Diguglielmo, Buzzer, and Smith in the above-captioned action. 

 Deputy Attorney General Edward C. Wright, who originally represented these 

defendants, is simultaneously withdrawing his entry of appearance in this matter. 

 D. MICHAEL FISHER 

 ATTORNEY GENERAL 

 BY: _________________________ 

 Kevin R. Bradford 

 Deputy Attorney General 

 Identification No. 88576 

 Susan J. Forney 

 Chief Deputy Attorney General 

 Chief, Litigation Section 

OFFICE OF ATTORNEY GENERAL 

21 South 12th Street, 3rd Floor 

Philadelphia, PA 19107 

Telephone: (215) 560-2262 

Case 2:02-cv-04346-MK Document 89 Filed 07/17/2003 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

FELIX D. WHITTINGTON, : CIVIL ACTION 

 : 

 Plaintiff : 

 : 

vi. : 

: 

DONALD VAUGHN, et al., : 

 : 

 Defendants : No. 02-4346 

CERTIFICATE OF SERVICE

 I, Kevin R. Bradford, Deputy Attorney General, hereby certify that a true and correct 

copy of the within Praecipe for Entry of Appearance was mailed on July 17, 2003, by first class 

mail, postage prepaid to: 

 Felix D. Whittington, AY-4935 

 State Correctional Institution 

 at Greene 

 175 Progress Drive 

 Waynesburg, PA 15370 

 D. MICHAEL FISHER 

 ATTORNEY GENERAL 

 BY: ________________________ 

 Kevin R. Bradford 

 Deputy Attorney General 

 Identification No. 88576 

 Susan J. Forney 

 Chief Deputy Attorney General 

 Chief, Litigation Section 

OFFICE OF ATTORNEY GENERAL 

21 South 12th Street, 3rd Floor 

Philadelphia, PA 19107 

Telephone: (215) 560-2262 

Case 2:02-cv-04346-MK Document 89 Filed 07/17/2003 Page 2 of 2
LENNAR PARTNERS

An LNR Company

March 1, 2002

Wells Fargo Bank Minnesota, N.A.

11000 Broken Land Parkway

Columbia, MD 21044-3562

Attention: Corporate Trust Administration (CMBS)

	Salomon Brothers Mortgage Securities VII, Inc., Series 2000-C3

Re:	Annual Independent Public Accountant's Servicing Report

	Salomon Brothers Mortgage Securities VII, Inc, Series 2000-C3

	Commercial Mortgage Pass-Through Certificates

To whom it may concern:

As of and for the year ended December 31, 2001, Lennar Partners, Inc. has complied in all material

respects with the applicable minimum servicing standards set forth in the Mortgage Bankers Association

of America's Uniform Single Attestation Program for Mortgage Bankers applicable to the commercial

and multifamily mortgages for the special servicer as noted in the attachment to this assertion. As of and

for this same period, Lennar Partners, Inc. had in effect a fidelity bond in the amount of $10,000,000 and

an errors and omissions policy in the amount of $10,000,000.

Sincerely,

LENNAR PARTNERS, INC.

Susan K. Chapman

Susan K. Chapman

Vice President

cc:	Midland Loan Services, Inc.

	210 West 10th Street, 6th Floor
	Kansas City, Missouri 64105

Salomon Brothers Mortgage Securities VII, Inc.

388 Greenwich Street

New York. New York 10013

Attention: Angela Hutzel

LaSalle Bank, N.A

135 South LaSalle Street, Suite 1625

Chicago, Illinois 60603

Attention: Asset Backed Securities Trust Services Group

Salomon Brothers Mortgage Securities VII, Series 2000-C3

 

 

 

 

 

 

760 Northwest 107th Avenue  Suite 400  Miami, Florida 33172

Telephone (305) 220-4300    Fac (305) 226-3428
Federal Depository Library ProgramPersistent URL Home Page      

# Target for /GPO/LPS4680 lost

The target resource for this PURL can no longer be traced. The following is a list of the targets this PURL was previously assigned to.

Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
No. 58483.

protest 224180-K (New York).

#### B. & E. Freudenheim v. United States,

Ekwall, Judge:

This case involved an importation of diamonds from Antwerp. Plaintiff claims that due to a clerical error the diamonds were invoiced at $278 instead of $228 per carat. The case has been submitted on all the official papers, including the collector’s letter of transmittal. The collector’s letter is as follows:

> This protest is lodged against the liquidation of the Collector which is based upon a value claimed by the protestant to be the result of a clerical error in the preparation of the invoice.

> The invoice shows an item of 3.16 carats of diamonds at a unit value of $278 per carat. A check mark by the appraiser in the appraised column of the summary sheet establishes that it was at this value that appraisement was made. It is the contention of the protestant that the correct unit value for these stones should have been $228 per carat and that the invoiced figure was merely a typographical error.

> Since the importer has failed to avail himself of the remedy prescribed in Section 501 of the Tariff Act, the appraisement at $278 per carat has become final and conclusive and a protest against an appraised value will not lie under the provisions of Section 514.

The protest was received within the statutory period.

This court and the Court of Customs and Patent Appeals have held on numerous occasions that whether or not an error is clerical within the meaning of the statute depends upon the intention of the person making such entry and, further, upon whether the person responsible for the error was one upon whom a duty devolved to use judgment. *J. J. McQuillan*v. *United States,*18 C. C. P. A. (Customs) 215, T. D. 44401; *United States*v. *Wyman & Co.,*4 Ct. Cust. Appls. 264, T. D. 33485; *Cheney Bros.*v. *United States,*38 Treas. Dec. 577, T. D. 38468; *H. A. Gogarty, Inc.*v. *United States,*3 Cust. Ct. 280, C. D. 254.

We find the evidence in the instant case insufficient to sustain the claim of clerical error.

Plaintiff’s claim is therefore overruled. Judgment will be rendered in favor of the defendant.
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002



The undersigned, Ronald J. Ivans,
Chief Financial Officer of the managing owner, Prudential Securities Futures Management Inc. (the Managing Owner), of World Monitor TrustSeries A (Series A), hereby certifies, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | Series As Quarterly Report on Form 10-Q for the period ending June 25, 2004, as filed with the Securities and Exchange Commission on the date hereof (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 Series A.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                              |  | 
|------------------------------------------------------------- |  | 
|/s/ Ronald J. Ivans                                           |  | 
|Ronald J. Ivans Chief Financial Officer of the Managing Owner |  | 
|                                                              | 
|August 9, 2004                                                |  |
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 214
115th CONGRESS
  1st Session
                                S. 1395

                          [Report No. 115-149]

  To revise the boundaries of certain John H. Chafee Coastal Barrier 
                  Resources System units in Delaware.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2017

 Mr. Carper (for himself and Mr. Coons) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           September 7, 2017

              Reported by Mr. Barrasso, without amendment

_______________________________________________________________________

                                 A BILL

 
  To revise the boundaries of certain John H. Chafee Coastal Barrier 
                  Resources System units in Delaware.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES 
              SYSTEM MAP.

    (a) In General.--The map subtitled ``Delaware Seashore Unit DE-07P, 
North Bethany Beach Unit H01'' and dated December 6, 2013, that is 
included in the set of maps entitled ``Coastal Barrier Resources 
System'' referred to in section 4(a) of the Coastal Barrier Resources 
Act (16 U.S.C. 3503(a)) and relating to certain John H. Chafee Coastal 
Barrier Resources System units in the State of Delaware, is replaced by 
the map entitled ``Delaware Seashore Unit DE-07/DE-07P, North Bethany 
Beach Unit H01'' and dated March 18, 2016.
    (b) Availability.--The Secretary of the Interior shall keep the 
replacement map referred to in subsection (a) on file and available for 
inspection in accordance with section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).
                                                       Calendar No. 214

115th CONGRESS

  1st Session

                                S. 1395

                          [Report No. 115-149]

_______________________________________________________________________

                                 A BILL

  To revise the boundaries of certain John H. Chafee Coastal Barrier 
                  Resources System units in Delaware.

_______________________________________________________________________

                           September 7, 2017

                       Reported without amendment
```
1 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41487

Summary Calendar

 

WILLIAM M. BOYCE,

Petitioner-Appellant,

versus

ERNEST V. CHANDLER, Warden,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:01-CV-630

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

October 22, 2002

Before DAVIS, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:1

William M. Boyce, federal prisoner #03336-088, appeals from

the denial of his 28 U.S.C. § 2241 petition. Boyce argues that 28

U.S.C. § 2255 was inadequate to test the legality of his

incarceration, allowing him to pursue 28 U.S.C. § 2241 relief,

because Apprendi v. New Jersey, 530 U.S. 466 (2000), was decided

after his conviction became final and after he filed his 28 U.S.C.

§ 2255 motion.
2

Apprendi does not apply retroactively to cases on collateral

review. Wesson v. U.S. Penitentiary, ___ F.3d ___ (5th Cir.

Sep. 5, 2002), 2002 WL 31006173, *3. Boyce cannot make a showing

sufficient to invoke the “savings clause” of 28 U.S.C. § 2255 to

pursue 28 U.S.C. § 2241 relief. Id.

AFFIRMED.
# May 2022
No. 51614.

#### Protests 829184-K, etc., of Mutual Supply Co. et al. (Los Angeles and San Francisco).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
<PAGE>


Exhibit 32.2

                          WESTERN RESERVE BANCORP, INC.
                                   FORM 10-QSB
                           QUARTER ENDED JUNE 30, 2003

                       CERTIFICATION OF FINANCIAL RESULTS

I, Cynthia A. Mahl, the Senior Vice President and Chief Financial Officer of
Western Reserve Bancorp, Inc., hereby certify the following:

         o        This Form 10-QSB fully complies with the requirements of
                  Sections 13(a) or 15(d) of the Securities Exchange Act of
                  1934, and

         o        The information contained in the report fairly presents, in
                  all material respects, the financial position and results of
                  operations of Western Reserve Bancorp, Inc. as of and for the
                  periods presented.


                                   /s/ Cynthia A. Mahl
                                   Cynthia A. Mahl
                                   Senior Vice President/Chief Financial Officer
                                   August 14, 2003
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 Annual Report of Westsphere Asset Corporation, Inc.  (the Company) on Form 10-KSB for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kim Law, Vice President of Finance and CFO, certify, 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 requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date:  April 14, 2004

By: /s/ Kim Law

Name: Kim Law

Title:   Vice President of Finance and CFO
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

The undersigned executive officer of First BancTrust Corporation (the
"Registrant") hereby certifies that the Registrant's Form 10-KSB for the year
ended December 31, 2003 fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 and that the information contained therein
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.

                                         /s/ Terry J. Howard
                                         -----------------------------------
                                         Name:  Terry J. Howard
                                         Title: Chief Executive Officer and
                                                President

Date:  March 25, 2004

                                     - 43 -
exv10w3







Exhibit 10.3




CKE Restaurants, Inc.




Amendment No. 1

To

Employment Agreement




     This Amendment No. 1 (the “Amendment”) to Employment Agreement is made effective as of
December 6, 2005, by and between CKE Restaurants, Inc. (the “Company”) and Richard E.
Fortman (the “Employee”).



RECITALS:




     A. The Company and the Employee entered into an Employment Agreement, dated as of January
2004 (the “Agreement”).



     B. The Company and Employee now desire to amend the Agreement as set forth below.



AGREEMENT




     1. Term. Section 2 of the Agreement shall read in its entirety as follows:




     “2. Term. The term of this Agreement (the “Term”) shall commence on
the Effective Date and, subject to prior termination as set forth in Section 7
below, shall terminate three (3) years following the date on which notice of
non-renewal or termination of this Agreement is given by either party to the other.
Thus, the Term shall be renewed automatically on a daily basis so that the
outstanding Term is always three (3) years following the date on which notice of
non-renewal or termination is given by either party to the other. The Term may be
extended at any time upon mutual written agreement of the parties.”



     2. Definitions. Terms used but not defined in this Amendment shall have the
respective meanings assigned to them in the Agreement.



     3. Counterparts. This Amendment may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which shall constitute one Amendment.



     4. Terms and Conditions of Agreement. Except as specifically amended by this
Amendment, all terms and conditions of the Agreement shall remain in full force and effect.



[Signature Page Follows]




 









 








     IN WITNESS WHEREOF, this Amendment is executed by the undersigned as of the date first written
above.



	 	 	 	 	 
	 	 	 
	 	     /s/ Richard E. Fortman
 	 
	 	Richard E. Fortman 	 
	 	 	 
	 
	 	CKE Restaurants, Inc.

 	 
	 	By:  	/s/ Peter Churm
 	 
	 	 	Peter Churm 	 
	 	 	Director and Chairman of the Compensation

Committee of the Board of Directors 	 



2