alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016314EN.01002302.xml

| 29.8.2016 | EN | Official Journal of the European Union | C 314/23 |
| --- | --- | --- | --- |

29.8.2016

EN

Official Journal of the European Union

C 314/23

---

Judgment of the General Court of 14 July 2016 — Monster Energy v EUIPO — Mad Catz Interactive (Representation of a black square with four white lines)

(Case T-567/15) (1)

1

((EU trade mark - Opposition proceedings - Application for EU figurative mark representing a black square with four white lines - Earlier EU figurative mark representing three claws positioned vertically - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 314/32)

Language of the case: English

Parties

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO: Mad Catz Interactive, Inc. (San Diego, California, United States)

Other party to the proceedings before the Board of Appeal of EUIPO:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 July 2015 (Case R 2368/2014-5), concerning opposition proceedings between Monster Energy Company and Mad Catz Interactive.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Monster Energy Company to pay the costs. |
| --- | --- |

2.

Orders Monster Energy Company to pay the costs.

---

(1)  OJ C 381, 16.11.2015.

1

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than May 21, 2007.

**A. Federal Reserve Bank of Philadelphia**                     (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521:                

*1. J. Donald Steele, Jr., and Joanne K. Steele*, Lewisburg, Pennsylvania; to acquire voting shares of Northumberland Bancorp, Northumberland, Pennsylvania, and thereby indirectly acquire voting shares of The Northumberland National Bank, Northumberland, Pennsylvania.                

**B. Federal Reserve Bank of St. Louis**                     (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034:                

*1. Peter Mahurin*, Bowling Green, Kentucky, and Ben Lovell Cundiff, Cadiz, Kentucky, individually, and as a group in concert with Damon Salvatore Vitale, Bowling Green, Kentucky, and Charles Lester Key, Franklin, Kentucky, to gain control of Jackson Financial Corporation, Mayfield, Kentucky, and thereby indirectly gain control of FNB Bank, Inc., Mayfield, Kentucky.                

Board of Governors of the Federal Reserve System, May 1, 2007.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E7-8533 Filed 5-3-07; 8:45 am]

BILLING CODE 6210-01-S
# C_2015171EN.01003602.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/36 |
| --- | --- | --- | --- |

26.5.2015

EN

Official Journal of the European Union

C 171/36

---

Order of the Civil Service Tribunal (Third Chamber) of 25 March 2015 — Necci v Commission

(Case F-5/15) (1)

1

((Civil Service - Officials - Pensions - Transfer of pension rights acquired in a national pension scheme - Proposal to add years of pensionable service - Late claim - Failure to follow the pre-litigation procedure - Manifestly inadmissible))

(2015/C 171/44)

Language of the case: French

Parties

Parties

Applicant: Claudio Necci (Auderghem, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Applicant:

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Defendant:

Re:

Re:

Application for a declaration of the illegality of Article 9 of the general implementing provisions (GIPs) of Article 11(2) of Annex VIII to the Staff Regulations and annulment of the decision relating to transfer of the applicant’s pension rights into the European Union pension scheme, a decision which applies the new GIPs relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Operative part of the order

Operative part of the order

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

1.

The action is dismissed as manifestly inadmissible.

| 2. | Mr Necci shall bear his own costs. |
| --- | --- |

2.

Mr Necci shall bear his own costs.

---

(1)  OJ C 96, 23.3.15, p. 26.

1

---
# C_2016428EN.01001602.xml

| 21.11.2016 | EN | Official Journal of the European Union | C 428/16 |
| --- | --- | --- | --- |

21.11.2016

EN

Official Journal of the European Union

C 428/16

---

Order of the General Court of 28 September 2016 — PAN Europe and Others v European Commission

(Case T-600/15) (1)

1

((Actions for annulment - Plant-protection products - Active substance sulfoxaflor - Inclusion in the Annex to Implementing Regulation (EU) No 540/2011 - Lack of direct concern - Inadmissibility))

(2016/C 428/18)

Language of the case: English

Parties

Parties

Applicants: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium), Bee Life European Beekeeping Coordination (Bee Life) (Louvain-la-Neuve, Belgium), Unione nazionale associazioni apicoltori italiani (Unaapi) (Castel San Pietro Terme, Italy) (represented by: B. Kloostra and A. van den Biesen, lawyers)

Applicants:

Defendant: European Commission (represented by: L. Pignataro-Nolin, G. von Rintelen and P. Ondrůšek, acting as Agents)

Defendant:

Re:

Re:

Application pursuant to Article 263 TFEU and seeking the annulment of Commission Implementing Regulation (EU) 2015/1295 of 27 July 2015, approving the active substance sulfoxaflor, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2015 L 199, p. 8).

Operative part of the order

Operative part of the order

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

1.

The action is dismissed as inadmissible.

| 2. | There is no need to adjudicate on the applications to intervene from the European Crop Protection Association (ECPA), Dow AgroSciences Ltd and Dow AgroSciences Iberica SA. |
| --- | --- |

2.

There is no need to adjudicate on the applications to intervene from the European Crop Protection Association (ECPA), Dow AgroSciences Ltd and Dow AgroSciences Iberica SA.

| 3. | Pesticide Action Network Europe (PAN Europe), Bee Life European Beekeeping Coordination (Bee Life) and Unione nazionale associazioni apicoltori italiani (Unaapi) shall bear their own costs and pay those incurred by the European Commission. |
| --- | --- |

3.

Pesticide Action Network Europe (PAN Europe), Bee Life European Beekeeping Coordination (Bee Life) and Unione nazionale associazioni apicoltori italiani (Unaapi) shall bear their own costs and pay those incurred by the European Commission.

| 4. | PAN Europe, Bee Life, Unaapi, the Commission, ECPA, Dow AgroSciences and Dow AgroSciences Iberica shall each bear their own costs in relation to the applications to intervene. |
| --- | --- |

4.

PAN Europe, Bee Life, Unaapi, the Commission, ECPA, Dow AgroSciences and Dow AgroSciences Iberica shall each bear their own costs in relation to the applications to intervene.

---

(1)  OJ C 59, 15.2.2016.

1

---
[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Notices]
[Page 24311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8346]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than May 17, 2007.
    A. Federal Reserve Bank of Minneapolis (Jacqueline G. King, 
Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Ardella Pecha, Arcadia, Florida; Archie Pecha, Arcadia, Florida; 
Cindy Dachel, Capitola, California; Terry Pecha, Bloomer, Wisconsin; 
Todd Pecha, Bloomer, Wisconsin; Melanie Pecha-Rubenzer, Bloomer, 
Wisconsin; and Rhonda Prince, Bloomer, Wisconsin, as a Group Acting in 
Concert; to acquire voting shares of Bloomer Bancshares, Inc., Bloomer, 
Wisconsin, and thereby indirectly acquire voting shares of Peoples 
State Bank of Bloomer, Bloomer, Wisconsin.

    Board of Governors of the Federal Reserve System, April 27, 
2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7-8346 Filed 5-1-07; 8:45 am]
BILLING CODE 6210-01-S
<PAGE>   1





                                                                   Exhibit 10.53



                    FIRST AMENDMENT TO EMPLOYMENT AGREEMENT


     First Amendment to Employment Agreement (this "AMENDMENT") dated as of
January 12, 2000 and effective as of the Effective Time (as defined below),
between Precision Response Corporation, a Florida corporation ("EMPLOYER"), and
Paul M. O'Hara ("EMPLOYEE"). "EFFECTIVE TIME" has the meaning set forth
in the Merger Agreement described below.

     Employer currently employs Employee pursuant to that certain Employment
Agreement, dated as of August 9, 1999, between Employer and Employee (the
"AGREEMENT");

     Employer has entered into an Agreement and Plan of Merger (the "MERGER
AGREEMENT") with USA Networks, Inc., a Delaware corporation ("USAi"), and a
wholly-owned subsidiary of USAi ("MERGER SUB"), pursuant to which Employer has
agreed to merge with and into Merger Sub, subject to certain terms and
conditions. It is a material condition to such merger (the "MERGER") that
Employee enter into this Amendment, and Employee has agreed to enter into this
Amendment in consideration of, among other things, the benefits to be received
by the Employee in connection with the Merger.

     The parties agree that the Agreement shall be amended effective on and
after the Effective Time as follows:

     1.   The definition of "Constructive Termination" in the third sentence of
Section 9(B) of the Agreement is amended by deleting the references to
"Chairman of the Board" and to "Mark J. Gordon" in clause (z) thereof.

     2.   Except as otherwise specifically modified by this Amendment, all
terms, conditions and provisions of the Agreement shall remain effective and
shall continue to operate in full force throughout the entire term of the
Agreement, as amended hereby.

     3.   This Amendment shall be governed by and construed pursuant to the
laws of the State of Florida.

     4.   This Amendment may be executed in counterparts, each of which shall
be an original, but both of which together shall constitute one and the same
instrument.

     5.   If the Merger Agreement is terminated before the Effective Time, this
Amendment shall be null and void and of no force or effect.

<PAGE>   2





     The parties hereto have caused this Agreement to be duly executed as of
the day and year first above written.




                                             PRECISION RESPONSE CORPORATION


                                             By: /s/ David Epstein
                                                --------------------------------
                                                Name:  David Epstein
                                                Title: Chief Executive Officer


                                             /s/ Paul M. O'Hara
                                             -----------------------------------
                                             Paul M. O'Hara


                                       2
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,125

EX PARTE MARCUS PRINCE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-3-008694-1012736-A IN THE CRIMINAL DISTRICT COURT #3

FROM TARRANT COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to the offense of

failure to comply with sex offender registration requirements, enhanced by a prior felony conviction,

and was sentenced to four years’ imprisonment. He did not appeal his conviction. 

Applicant contends, inter alia, that his plea was involuntary and his sentence unauthorized,

because he was charged with failing to register under the incorrect section of the Texas Code of

Criminal Procedure. The trial court determined that Applicant is correct, in that the offense with
2

which he was charged should have been a state jail felony, not a third degree felony. Furthermore,

the prior felony conviction used to enhanced his punishment range would not have been usable to

enhance the primary offense had it been properly charged. Applicant was charged with the wrong

degree of offense, and was admonished as to an incorrect punishment range. Applicant is entitled

to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985); Ex parte Rich, 194 S.W.3d 508,

515 (Tex. Crim. App. 2006).

Relief is granted. The judgment in Cause No. C-3-008694-1012736-A in the Criminal

District Court #3 of Tarrant County is set aside, and Applicant is remanded to the custody of the

sheriff of Tarrant County to answer the charges as set out in the indictment.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: April 1, 2009

Do Not Publish
# C_2018104EN.01003001.xml

| 19.3.2018 | EN | Official Journal of the European Union | C 104/30 |
| --- | --- | --- | --- |

19.3.2018

EN

Official Journal of the European Union

C 104/30

---

Judgment of the General Court of 5 February 2018 — PTC Therapeutics International v EMA

(Case T-718/15) (1)

1

((Access to documents - Regulation (EC) No 1049/2001 - Document held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Translarna - Decision to grant a third party access to the document - Exception relating to the protection of commercial interests - No general presumption of confidentiality))

(2018/C 104/38)

Language of the case: English

Parties

Parties

Applicant: PTC Therapeutics International Ltd (Dublin, Ireland) (represented initially by: C. Thomas, Barrister, G. Castle, B. Kelly, H. Billson, Solicitors, and M. Demetriou QC, and, subsequently, by C. Thomas, M. Demetriou, G. Castle and B. Kelly)

Applicant:

Defendant: European Medicines Agency (EMA) (represented by: T. Jabłoński, A. Spina, S. Marino, A. Rusanov and N. Rampal Olmedo, acting as Agents)

Defendant:

Intervener in support of the applicant: European Confederation of Pharmaceutical Entrepreneurs (Eucope) (represented by: D. Scannell, Barrister, and S. Cowlishaw, Solicitor)

Intervener in support of the applicant:

Re:

Re:

Action under Article 263 TFEU for the annulment of Decision EMA/722323/2015 of the EMA of 25 November 2015, granting to a third party, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43), access to a document containing information submitted in the context of an application for marketing authorisation for the medicinal product Translarna.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders PTC Therapeutics International Ltd to bear its own costs and to pay those incurred by the European Medicines Agency (EMA), including those relating to the application for interim measures; |
| --- | --- |

2.

Orders PTC Therapeutics International Ltd to bear its own costs and to pay those incurred by the European Medicines Agency (EMA), including those relating to the application for interim measures;

| 3. | Orders the European Confederation of Pharmaceutical Entrepreneurs (Eucope) to bear its own costs. |
| --- | --- |

3.

Orders the European Confederation of Pharmaceutical Entrepreneurs (Eucope) to bear its own costs.

---

(1)  OJ C 59, 15.2.2016.

1

---
Exhibit 32

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

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 Chiquita Brands International, 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, 2010 of the company fully complies with the requirements of section 13(a) or 15(d) 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.

Dated: November 2, 2010



/s/ Fernando AguirreName: Fernando AguirreTitle: Chief Executive Officer


Dated: November 2, 2010



/s/ Michael B. SimsName: Michael B. SimsTitle: Chief Financial Officer
No. 50666.

#### Protests 112418-K, etc., of C. J. Tower & Sons (Buffalo).

Opinion by

Keefe, J.

It was stipulated that the boron carbide in question is the same in all material respects as that the subject of *Tower & Sons*v. *United States*(14 Cust. Ct. 84, C. D. 917). In accordance therewith the merchandise was held dutiable as claimed.
Case: 2:12-cv-00354-EAS-TPK Doc #: 22 Filed: 05/09/13 Page: 1 of 1  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-11T15:04:40-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
# C_2016402EN.01004601.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/46 |
| --- | --- | --- | --- |

31.10.2016

EN

Official Journal of the European Union

C 402/46

---

Order of the General Court of 13 September 2016 — Terna v Commission

(Case T-544/15) (1)

1

((Action for annulment - Union list of projects of common interest - EU financial aid in two projects in the area of trans-European energy networks - Reduction of the financial aid initially granted following an audit - Preparatory measure - Measure not open to challenge - Inadmissibility))

(2016/C 402/54)

Language of the case: Italian

Parties

Parties

Applicant: Terna — Rete elettrica nazionale SpA (Rome, Italy) (represented by: A. Police, L. Di Via, F. Covone and D. Carria, lawyers)

Applicant:

Defendant: European Commission (represented by: O. Beynet, L. Di Paolo and A. Tokár, acting as Agents)

Defendant:

Re:

Re:

Application based on Article 263 TFEU and seeking annulment of the decision which contained the Commission’s letter, of 6 July 2015, reducing the financial aid initially granted in the context of two projects (projects 2009-E255/09-ENER/09/TEN-E-S12.564583 and 2007-E 221/07/2007-TREN/07TEN-E-S07.91403) in the area of trans-European energy networks.

Operative part of the order

Operative part of the order

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

1.

The action is dismissed.

| 2. | Terna — Rete elettrica nazionale SpA shall pay the costs. |
| --- | --- |

2.

Terna — Rete elettrica nazionale SpA shall pay the costs.

---

(1)  OJ C 363, 3.11.2015.

1

---
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 258 Enrolled Bill (ENR)]

:\HSEENR\hc258--enr.xml [file 1 of 1]

        H.Con.Res.258
                                             Agreed to November 14, 2007

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven

                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill (H.R. 1429), An Act to reauthorize 
the Head Start Act, to improve program quality, to expand access, and 
for other purposes, the Clerk of the House of Representatives shall 
correct the bill by striking subsection (m)(1) of section 640 of the 
Head Start Act, as added by section 6(g) of the bill, and inserting the 
following:
        ``(1) to implement policies and procedures to ensure that 
    homeless children are identified and prioritized for enrollment;''.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.
```