alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015089EN.01001801.xml

| 16.3.2015 | EN | Official Journal of the European Union | C 89/18 |
| --- | --- | --- | --- |

16.3.2015

EN

Official Journal of the European Union

C 89/18

---

Judgment of the General Court of 4 February 2015 — El Corte Inglés v OHIM — Apro Tech (APRO)

(Case T-372/12) (1)

1

((Community trade mark - Opposition proceedings - Application for Community figurative mark APRO - Earlier national figurative mark B-PRO by Boomerang, earlier Community word mark PRO MOUNTAIN and applications for earlier Community figurative and word marks B-PRO by Boomerang and PRO OUTDOOR - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 089/19)

Language of the case: English

Parties

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Apro Tech Co. Ltd (Tachia, Taiwan)

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

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2012 (Case R 196/2011-2), relating to opposition proceedings between El Corte Inglés, SA and Apro Tech Co. Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders El Corte Inglés, SA, to pay the costs. |
| --- | --- |

2.

Orders El Corte Inglés, SA, to pay the costs.

---

(1)  OJ C 331, 27.10.2012.

1

---
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


This certification set forth below is hereby made solely for the purpose of
satisfying the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 and
may not be relied upon or used for any other purposes.

In connection with the Annual Report of NBC Acquisition Corp. (the "Company") on
Form 10-K for the year ending March 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Alan G. Siemek, Vice
President and Treasurer (Principal Financial and Accounting 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:

     (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 the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

A signed original of this written statement required by Section 906 or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of the written statement
required by Section 906 has been provided to the Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.



                                   /s/  Alan G. Siemek
                                   ---------------------------------------------
                                   Alan G. Siemek
                                   Vice President and Treasurer
                                   (Principal Financial and Accounting Officer)
                                   June 26, 2008
<TABLE> <S> <C>

<ARTICLE> 5

<S>                            <C>             <C>                <C>
<PERIOD-TYPE>                  3-MOS           9-MOS              YEAR
<FISCAL-YEAR-END>           DEC-31-1999      DEC-31-1999       DEC-31-1998
<PERIOD-END>                SEP-30-1999      SEP-30-1999       DEC-31-1998
<CASH>                               0          344,244         1,183,218
<SECURITIES>                         0                0                 0
<RECEIVABLES>                        0        2,848,653           159,543
<ALLOWANCES>                         0                0                 0
<INVENTORY>                          0                0                 0
<CURRENT-ASSETS>                     0        6,770,898         6,615,391
<PP&E>                               0                0                 0
<DEPRECIATION>                       0                0                 0
<TOTAL-ASSETS>                       0        9,963,795         7,953,152
<CURRENT-LIABILITIES>                0            3,070           173,223
<BONDS>                              0                0                 0
<PREFERRED-MANDATORY>                0                0                 0
<PREFERRED>                          0                0                 0
<COMMON>                             0                0                 0
<OTHER-SE>                           0        9,960,725         7,784,929
<TOTAL-LIABILITY-AND-EQUITY>         0        9,963,795         7,958,152
<SALES>                              0                0                 0
<TOTAL-REVENUES>             1,576,124        3,842,456                 0
<CGS>                                0                0                 0
<TOTAL-COSTS>                        0                0                 0
<OTHER-EXPENSES>                31,728           90,536                 0
<LOSS-PROVISION>                     0                0                 0
<INTEREST-EXPENSE>                   0                0                 0
<INCOME-PRETAX>              1,544,396        2,175,796                 0
<INCOME-TAX>                         0                0                 0
<INCOME-CONTINUING>                  0                0                 0
<DISCONTINUED>                       0                0                 0
<EXTRAORDINARY>                      0                0                 0
<CHANGES>                            0                0                 0
<NET-INCOME>                 1,544,396        2,175,796                 0
<EPS-BASIC>                          0                0                 0
<EPS-DILUTED>                        0                0                 0


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                              25
<SECURITIES>                                         0
<RECEIVABLES>                                      547
<ALLOWANCES>                                      (30)
<INVENTORY>                                        494
<CURRENT-ASSETS>                                 1,143
<PP&E>                                             741
<DEPRECIATION>                                   (321)
<TOTAL-ASSETS>                                   2,492
<CURRENT-LIABILITIES>                              597
<BONDS>                                            885
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         753
<TOTAL-LIABILITY-AND-EQUITY>                     2,492
<SALES>                                          3,088
<TOTAL-REVENUES>                                 3,088
<CGS>                                            2,135
<TOTAL-COSTS>                                    2,135
<OTHER-EXPENSES>                                     4
<LOSS-PROVISION>                                     4
<INTEREST-EXPENSE>                                  69
<INCOME-PRETAX>                                     57
<INCOME-TAX>                                        21
<INCOME-CONTINUING>                                 36
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        36
<EPS-BASIC>                                       0.44
<EPS-DILUTED>                                     0.43


</TABLE>
EXHIBIT-23














            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



Board of Directors
Clover Community Bankshares, Inc.

         We  consent  to the  incorporation  by  reference  in Clover  Community
Bankshares, Inc.'s Registration Statement on Form S-3 (No. 333-71777),  relating
to the  registration  of up to 50,000  shares of its common  stock for  issuance
pursuant to the Clover Community Bankshares, Inc. Dividend Reinvestment Plan, of
our  report  dated  February 11, 2005,  which is  included  in Clover  Community
Bankshares,  Inc.'s Annual Report on Form 10-KSB for the year ended December 31,
2004.





                                                 s/Elliott Davis, LLC


Greenville, South Carolina
March 29, 2005
IN THE

TENTH COURT OF APPEALS

No. 10-17-00110-CR

IN RE KELLY LEE DICKEY

Original Proceeding

MEMORANDUM OPINION

Relator Kelly Lee Dickey filed a petition for writ of mandamus on April 3, 2017. 

In the petition, Relator asks this Court to issue an order directing the trial court to make 

a ruling on his “motion to reopen time to file appeal.” Relator did not provide this Court 

with a copy of the motion. See TEX.R.APP.P. 52.7. Accordingly, Relator’s petition for writ 

of mandamus is denied.

AL SCOGGINS

Justice
In re Dickey Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition denied

Opinion delivered and filed April 19, 2017
No. 53269.

#### Mutual Supply Co. *v.*United States,

protest 138217-K (San Francisco).

Opinion by

Cline, J.

In accordance with stipulation that the merchandise is the same as that the subject of *United States*v. *Nippon Co.*(32 C. C. P. A. 164, C. A. D. 303), the claim of the plaintiff was sustained.
No. 40410.

#### Protests 939472-G, etc., of L. Oppleman, Inc. (New York).

Opinion by

Dallinger, J.

In accordance with stipulation of counsel and on the authority of *United States*v. *Oppleman*(25 C. C. P. A. 168, T. D. 49271) the aneroid barometers in question were held dutiable at *271⁄4*percent under paragraph 372 as claimed.
EXHIBIT 32.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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



I, Billy Robinson,  Chief Executive Officer and Chief Financial Officer of Cyber
Defense Systems, Inc., (the "Company"),  certify,  pursuant to 18 U.S.C. Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that:

     (a) the Periodic  Report on Form 10-QSB of the Company for the period ended
September  30,  2004,  which  this  certification   accompanies  (the  "Periodic
Report"),  fully  complies  with  the  requirements  of  Section  13(a)  of  the
Securities Exchange Act of 1934; and
     (b) the information  contained in the Periodic Report fairly  presents,  in
all material respects,  the financial condition and results of operations of the
Company.



 Dated: November 22, 2004

                                 /s/ Billy Robinson
                                 -------------------
                                 Billy Robinson
                                 Chief Executive Officer
                                 Chief Financial officer





A signed  original of this  written  statement  required by Section 906 has been
provided  to Critical  Home Care,  Inc.,  and will be retained by Critical  Home
Care, Inc and furnished to the  Securities and Exchange  Commission or its staff
upon request.
# C_2012243EN.01003402.xml

| 11.8.2012 | EN | Official Journal of the European Union | C 243/34 |
| --- | --- | --- | --- |

11.8.2012

EN

Official Journal of the European Union

C 243/34

---

Action brought on 08 June 2012 — ZZ v Commission

(Case F-60/12)

2012/C 243/59

Language of the case: English

Parties

Parties

Applicant: ZZ (represented by: E. Guerrieri Piaceri, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

The annulment of the decision not to grant the Applicant six promotion points under the 2011 promotion procedure, the revision of the appraisal report and the attribution of the necessary points in order to be promoted to the grade AST 2.

Form of order sought

Form of order sought

| — | Annul the appraisal report appraising the Applicant for the period 01.01.2010 — 31.12.2010 and the decision awarding the applicant two promotion points for the same period; |
| --- | --- |

—

Annul the appraisal report appraising the Applicant for the period 01.01.2010 — 31.12.2010 and the decision awarding the applicant two promotion points for the same period;

| — | as a consequence of the annulment, order the defendant to undertake a further examination of the appraisal report of the Applicant, awarding the necessary points for promoting her to AST2 with retroactive effect from 01.01.2011; |
| --- | --- |

—

as a consequence of the annulment, order the defendant to undertake a further examination of the appraisal report of the Applicant, awarding the necessary points for promoting her to AST2 with retroactive effect from 01.01.2011;

| — | order the defendant to pay the sum estimated ex aequo et bono EUR 20 000,00 (including procedure costs). |
| --- | --- |

—

order the defendant to pay the sum estimated ex aequo et bono EUR 20 000,00 (including procedure costs).

ex aequo et bono

---
#### Terrell ARTIS, Appellant, v. STATE of Missouri, Respondent/Appellant.

No. 75022.

Missouri Court of Appeals, Eastern District, Division Five.

June 22, 1999.

D. Warren Hoff, Jr., St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Anne E. Hawley, Asst. Atty. Gen., Jefferson City, for respondent.

Before ROBERT G. DOWD, Jr., C.J., K. KAROHL, J. and C. BLACKMAR, Senior Judge.

ORDER

PER CURIAM.

Terrell Artis (movant) appeals from the judgment denying his rule 29.15 motion after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the motion court’s determination is not clearly erroneous. Rule 25,15(k). An extended opinion would have no precedential value. Mov-ant’s two claims of ineffective assistance are wholly without merit. In the absence of evidence to support a finding that defendant’s statements to the police were involuntary, the failure to request MAI-CR 3d 310.06 could not be ineffective assistance of counsel. Movant did not expressly allege a failure to file a motion to suppress his statements and the court considered and overruled his oral motion made for that purpose.

We affirm the judgment pursuant to rule 84.16(b).
#### In the Matter of Lazaro Rivera, Petitioner, v Glenn S. Goord, as Commissioner of the Department of Correctional Services, Respondent.

[699 NYS2d 741]

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing at which petitioner, a prison inmate, pleaded guilty to fighting, he was found guilty of violating the prison disciplinary rules that prohibit inmates from fighting, disobeying a direct order and possessing a weapon. According to the misbehavior report written by the correction officer who observed the incident, petitioner began fighting with another inmate while released from his cell for a keeplock shower. Petitioner refused the correction officer’s initial order to stop fighting and, upon frisking petitioner, a plexiglass shank was found in his towel. In our view, the *522detailed misbehavior report provides substantial evidence to support the determination of petitioner’s guilt *(see, Matter of Foster v Coughlin,*76 NY2d 964, 966), notwithstanding petitioner’s contentions to the contrary. Although petitioner maintained that the weapon was not his and denied that he disobeyed a direct order, this merely presented a credibility issue for the Hearing Officer to resolve *(see, Matter of Polite v Goord,*258 AD2d 795). Petitioner’s remaining contentions have been reviewed and found to be unpersuasive.

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
No. 47651.

#### Protests 59873-K, etc., of Butler Brothers et al. (New York).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
# C_2013046EN.01001601.xml

| 16.2.2013 | EN | Official Journal of the European Union | C 46/16 |
| --- | --- | --- | --- |

16.2.2013

EN

Official Journal of the European Union

C 46/16

---

Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court (Sixth Chamber) delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-578/12 P)

2013/C 46/30

Language of the case: English

Parties

Parties

Appellant: El Corte Inglés, SA (represented by: E. Seijo Veiguela, abogada, J.L. Rivas Zurdo, abogado)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Emilio Pucci International BV

Other parties to the proceedings:

Form of order sought

Form of order sought

The appellant claims that the Court should:

| — | Annul the judgment of the General Court of 27th September, 2012 in case T-39/10 in its entirety. |
| --- | --- |

—

Annul the judgment of the General Court of 27th September, 2012 in case T-39/10 in its entirety.

th

| — | Order the OHIM to pay the costs incurred by El Corte Inglés, SA. |
| --- | --- |

—

Order the OHIM to pay the costs incurred by El Corte Inglés, SA.

| — | Order Emilio Pucci International BV to pay the costs incurred by El Corte Inglés, SA. |
| --- | --- |

—

Order Emilio Pucci International BV to pay the costs incurred by El Corte Inglés, SA.

Pleas in law and main arguments

Pleas in law and main arguments

The appellant submits that there exists likelihood of confusion (article 8.1.b CTMR (1)) between the earlier trademarks ‘EMIDIO TUCCI’ and ‘E. TUCCI’ and the contested CTM application ‘PUCCI’, in respect of all the designated products in classes 3, 9, 14, 18, 25 and 28, as it has proved genuine use of all its Spanish trademarks and there is one trademark (community trademark application No. 3679528) which is not subject to this obligation, and the signs in controversy are confusingly similar. In addition, the conditions for the application of Article 8(5) CTMR 2009 are also fulfilled in the present case, as the earlier registrations enjoy a reputation in Spain in respect of articles related to fashion and the use of a similar sign by a third party would be detrimental to, and take unfair advantage of, such reputation.

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark

1

OJ L 78, p. 1

---
#### Gimbel Bros., Inc. *v.*United States

No. 6526.

Entry No. 752489, etc.

Invoices dated London, England, March 29, 1946, etc.

Certified March 29, 1946, etc.

Entered at New York, N. Y., April 15, 1946, etc.

(Decided November 18, 1946)

*Fred Bennett*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Cole, Judge

(Abstract): These appeals for reappraisement of various items"of merchandise concern the so-called British purchase tax, described in the law'of the United Kingdom entitled, “Finance (No. 2) Act 1940 3 & 4 Geo. 6 Ch. 48.” The said tax was held not to be an item to be included in foreign value as defined in section 402 (c) of the Tariff Act of 1930 as amended by the Customs Administrative Act of 1938 (19 U. S. C. 1940 ed. § 1402 (c)). *United States v. Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334.

An agreed set of facts, submitting these cases, establishes that export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. 1940 ed. § 1402 (d)), is the proper basis for appraisement of the instant merchandise, and that such statutory values for the articles in question are the appraised values less additions made by the importer on entry because of advances in similar cases.
|WELLS
    FARGO(logo) | Commercial
    Mortgage ServicingD1050-084, 8th Fl
401 South Tryon Street
Charlotte, NC 28202
1-800-326-1334
|--------------------- | ------------------------------------------------------------------------------------------------------------





ANNUAL STATEMENT OF COMPLIANCE



Reference is hereby made to that
certain Pooling and Servicing Agreement dated as of February 1, 2016, by and among DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION,
as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL
ASSOCIATION, as Special Servicer, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, WELLS FARGO BANK, NATIONAL ASSOCIATION, as
Certificate Administrator, Paying Agent and Custodian, and PARK BRIDGE LENDER SERVICES LLC, as Operating Advisor and Asset Representations
Reviewer with respect to Commercial Mortgage Pass-Through Certificates, COMM 2016-CCRE28 (the “Agreement”). Capitalized
terms used herein not otherwise defined shall have the meanings assigned in the Agreement.



Pursuant to Section 10.11 of this Agreement, I, Daniel
Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Master Servicer
during the period from January 1, 2017 through December 31, 2017 (the “Reporting Period”), and of its performance per
the Agreement during such period has been made under my supervision, and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                                                                                                                 
| | 2. | To the best of my knowledge, based on such review,
the Master Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting
Period.                                                       



IN WITNESS WHEREOF, the undersigned has executed this
Certificate as of the 28th day of February 2018.





|/s/ Daniel Bober         | 
|------------------------ | 
|Daniel Bober             | 
|Executive Vice President | 
|Wells Fargo Bank         | 



Together we’ll
go far

Wells Fargo Bank, N.A.