alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014112EN.01001902.xml

| 14.4.2014 | EN | Official Journal of the European Union | C 112/19 |
| --- | --- | --- | --- |

14.4.2014

EN

Official Journal of the European Union

C 112/19

---

Order of the Court (Sixth Chamber) of 16 January 2014 — nfon AG v Fon Wireless Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-193/13 P) (1)

1

((Appeal - Community trade mark - Regulation (EC) No 40/94 - Figurative mark including the word element ‘nfon’ - Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON - Rejection of the opposition by the Board of Appeal of OHIM))

2014/C 112/23

Language of the case: German

Parties

Parties

Appellant: nfon AG (represented by: V. von Bomhard, Rechtsanwältin)

Appellant:

Other parties to the proceedings: Fon Wireless Ltd (represented by: L Montoya Terán, abogada; Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 29 January 2013 in Case T-283/11 Fon Wireless v OHIM — Nfon (Nfon), by which the General Court altered the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 March 2011 (Case R 1017/2009 4) to the effect that nfon AG’s appeal to the Board of Appeal is dismissed — Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

Fon Wireless

OHIM — Nfon (Nfon)

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | nfon AG shall bear its own costs and pay those incurred by Fon Wireless AG. |
| --- | --- |

2.

nfon AG shall bear its own costs and pay those incurred by Fon Wireless AG.

| 3. | The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs. |
| --- | --- |

3.

The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.

---

(1)  OJ C 189, 29.6.2013.

1

---
EXHIBIT 32



CERTIFICATION PURSUANT TO

18
U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Sybron Dental Specialties, Inc. (the Company) on Form 10-Q for the period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Floyd W. Pickrell, Jr., Chief Executive Officer of the Company, and I, Gregory D. Waller, Chief Financial Officer of 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 to the best of my knowledge:



(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.



|                                               
|-----------------------------------------------
|/s/ Floyd W. Pickrell, Jr.                     
|Floyd W. Pickrell, Jr., Chief Executive Officer
|May 12, 2004                                   





|                                          
|------------------------------------------
|/s/ Gregory D. Waller                     
|Gregory D. Waller, Chief Financial Officer
|May 12, 2004                              



This certification accompanies this
Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
# C_2014071EN.01001801.xml

| 8.3.2014 | EN | Official Journal of the European Union | C 71/18 |
| --- | --- | --- | --- |

8.3.2014

EN

Official Journal of the European Union

C 71/18

---

Judgment of the General Court of 29 January 2014 — European Dynamics Belgium and Others v EMA

(Case T-158/12) (1)

(Public service contracts - Community tender procedure - External service provision for software applications - Decision to classify the applicant’s tender in second place for the purposes of a cascading contract - Award criteria - Addition of award criterion not provided for by the contract documents - Assessment of a selection criterion at the award stage - Transparency)

(2014/C 71/30)

Language of the case: Greek

Parties

Applicants: European Dynamics Belgium SA (Brussels, Belgium); European Dynamics Luxembourg SA (Ettelbruck, Luxembourg); Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece); and European Dynamics UK Ltd (London, United Kingdom) (represented by: V. Christianos, lawyer)

Defendant: European Medicines Agency (EMA) (represented by: T. Jabłoński and C. Maignen, acting as Agents, assisted initially by H. G. Kamann and E. Arsenidou, and subsequently by H. G. Kamann et A. Dritsa, lawyers)

Re:

Application (i) for annulment of European Medicines Agency decision EMA/67882/2012 of 31 January 2012 to classify the applicants’ tender in second place for signing a framework-contract, following the call for tender EMA/2011/17/ICT on the external service provision for software applications, and (ii) for damages.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | European Dynamics Belgium SA, European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai and European Dynamics UK Ltd shall pay the costs. |
| --- | --- |

2.

European Dynamics Belgium SA, European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai and European Dynamics UK Ltd shall pay the costs.

---

(1)  OJ C 184, 23.6.2012.

---
# C_2013123EN.01001002.xml

| 27.4.2013 | EN | Official Journal of the European Union | C 123/10 |
| --- | --- | --- | --- |

27.4.2013

EN

Official Journal of the European Union

C 123/10

---

Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 28 January 2013 — Hauptzollamt Krefeld v Rhein-Ruhr Beschichtungs-Service GmbH

(Case C-44/13)

2013/C 123/15

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Defendant and appellant: Hauptzollamt Krefeld

Defendant and appellant:

Applicant and respondent: Rhein-Ruhr Beschichtungs-Service GmbH

Applicant and respondent:

Question referred

Question referred

Does Article 2(3) of Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, (1) in relation to the taxation of energy products other than those for which a level of taxation is specified in the Directive, require the application of a rate of tax which national law specifies for the use of an energy product as heating fuel, provided that that other energy product is also used as heating fuel? Or, in cases where the other energy product — in circumstances where it is used as heating fuel — is equivalent to a particular energy product, can the rate of tax specified by national law for this energy product be applied, even in the case where the rate of tax is the same irrespective of whether it is being used as motor fuel or as heating fuel?

1

---

(1)  OJ 2003 L 283, p. 51.

1

---
Case lío. 5,663.

#### GRAHAM v. COLLECTOR.

[Cited in Kennedy v. Hartranft, 9 Fed. 19, 25, note. Nowhere reported; opinion not now accessible.]
<PAGE>

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No. 
333-44609 of Western Bancorp (formerly Monarch Bancorp) on Form S-8 of our 
report dated January 24, 1997 (March 17, 1997 as to Notes 8 and 16) on the 
consolidated statements of financial condition of California Commercial 
Bankshares and subsidiaries as of December 31, 1996, and the related 
consolidated statements of operations, changes in shareholders' equity, and 
cash flows for each of the two years in the period ended December 31, 1996 
(such consolidated financial statements are not included herein), appearing 
in this Annual Report on Form 10-K of Western Bancorp, for the year ended 
December 31, 1997.

                                     Deloitte & Touche LLP

Los Angeles, California
March 23, 1998
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 233 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 233

   To withdraw certain Federal land and interests in that land from 
location, entry, and patent under the mining laws and disposition under 
                the mineral and geothermal leasing laws.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2011

Mr. Baucus (for himself and Mr. Tester) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To withdraw certain Federal land and interests in that land from 
location, entry, and patent under the mining laws and disposition under 
                the mineral and geothermal leasing laws.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Fork Watershed Protection Act 
of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible federal land.--The term ``eligible Federal 
        land'' means--
                    (A) any federally owned land or interest in land 
                depicted on the Map as within the North Fork Federal 
                Lands Withdrawal Area; or
                    (B) any land or interest in land located within the 
                North Fork Federal Lands Withdrawal Area that is 
                acquired by the Federal Government after the date of 
                enactment of this Act.
            (2) Map.--The term ``Map'' means the Bureau of Land 
        Management map entitled ``North Fork Federal Lands Withdrawal 
        Area'' and dated June 9, 2010.

SEC. 3. WITHDRAWAL.

    (a) Withdrawal.--Subject to valid existing rights, the eligible 
Federal land is withdrawn from--
            (1) all forms of location, entry, and patent under the 
        mining laws; and
            (2) disposition under all laws relating to mineral leasing 
        and geothermal leasing.
    (b) Availability of Map.--Not later than 30 days after the date of 
enactment of this Act, the Map shall be made available to the public at 
each appropriate office of the Bureau of Land Management.
                                 <all>
```
##### 



EXHIBIT 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report of Sterling Drilling Fund 1983-2 (the Partnership) on Form
10-K for the period ending December 31, 2004, as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Charles E. Drimal Jr., Chief Executive Officer of PrimeEnergy
Management Corporation, the Managing General Partner, 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 the Report fairly presents, in all material respects, the
financial condition and result of operations of the Partnership.  /s/ Charles E. Drimal Jr.Chief Executive OfficerMarch 29, 2005
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

In connection  with the Quarterly  Report of USIP.Com,  Inc. (the  "Company") on
Form 10-QSB for the period ended September 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kathy Christopher,
Controller  of 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 to the
best of my knowledge:

(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 result of operations of the Company.


s/s Kathy Christopher
Kathy Christopher
Controller, USIP.Com, Inc.

May  9, 2005


USIP.Com,  Inc. does not have a "Chief Financial  Officer," Kathy Christopher is
the principal financial and accounting officer.
(Reap. Dec. 9952)

#### Impex International, Inc. *v.*United States

Entry No. 1027104.

(Decided March 15, 1961)

Plaintiff not represented by counsel.

*William S. OrricTc, Jr.,*Assistant Attorney General, for the defendant.

Lawrence, Judge:

When this appeal for a reappraisement was called for hearing, there was no appearance on behalf of plaintiff and the case was ordered submitted by the court.

An examination of the official record discloses no reason for disturbing the presumptively correct value for the merchandise found by the appraiser.

I, therefore, find and hold the proper dutiable value of the merchandise covered by this appeal to be the value found by the appraiser.

Judgment will be entered accordingly.
Exhibit 32

I, Peter T. Kissinger, the Chairman of the Board, President and Chief Executive
Officer of Bioanalytical Systems, Inc., certify that (i) Amendment No. 1 to
Annual Report on Form 10-K/A for the year ended September 30, 2003, (the
Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and (ii) the information contained
in the Report fairly presents, in all material respects, the financial condition
and results of operations of Bioanalytical Systems, Inc. as of the dates and for
the periods set forth therein.

| | /s/ Peter T. Kissinger
Peter T. Kissinger
Chairman of the Board,
President and
Chief Executive Officer
September 17, 2004
| | -------------------------------------------------------------------------------------------------------------------------

I, Michael R. Cox, the Chief Financial Officer and VP - Finance of Bioanalytical
Systems, Inc., certify that (i) Amendment No. 1 to Annual Report on Form
10-K/A for the year ended September 30, 2003, (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and (ii) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of Bioanalytical Systems, Inc. as of the dates and for the periods
set forth therein.

| | /s/ Michael R. Cox
Michael R. Cox
Chief Financial Officer and
VP - Finance
September 17, 2004
| | ---------------------------------------------------------------------------------------------
No. 48286.

#### Protests 993460-G, etc., of Henry Pollak, Inc. (New York.)

Opinion by

Tilson, J.

In accordance with stipulation of counsel the protests were sustained as to (1) hats the same as those involved in *United States*v. *Armand Schwab*(30 C. C. P. A. 72, C. A. D. 218); (2) hats the same as those involved in Abstract 46498; and (3) items consisting of hats or hoods the same as those involved in Abstract 47291.
[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Proposed Rules]
[Pages 41906-41907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20476]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-5868-2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; States of Iowa, Kansas, Missouri, and 
Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA proposes to approve Municipal Waste Combustors (MWC) 
111(d)/129 Plan negative declarations submitted by the states of Iowa, 
Kansas,

[[Page 41907]]

Missouri, and Nebraska. These negative declarations certify that MWCs 
subject to the requirements of section 111(d) and section 129 of the 
Clean Air Act do not exist in these states. In the final rules section 
of the Federal Register, the EPA is approving the states' negative 
declarations as a direct final rule without prior proposal because the 
Agency views this action as noncontroversial, and anticipates no 
adverse comments. A detailed rationale for the approval is set forth in 
the direct final rule. If no adverse comments are received in response 
to this proposed rule, no further activity is contemplated in relation 
to this rule. If the EPA receives adverse comments, the direct final 
rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. The 
EPA will not institute a second comment period on this document. Any 
parties interested in commenting on this document should do so at this 
time.

DATES: Comments on this proposed rule must be received in writing by 
September 3, 1997.

ADDRESSES: Comments may be mailed to Aaron J. Worstell, Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Aaron J. Worstell at (913) 551-7787.

SUPPLEMENTARY INFORMATION: See the information provided in the direct 
final rule which is located in the rules section of the Federal 
Register.

    Dated: July 11, 1997.
Dennis Grams,
Regional Administrator.
[FR Doc. 97-20476 Filed 8-1-97; 8:45 am]
BILLING CODE 6560-50-P
Dismiss and Opinion Filed June 30, 2014 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00494-CR 

TAMIE LINDLEY, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the Criminal District Court No. 2 

Dallas County, Texas 

Trial Court Cause No. F12-55817-I 

MEMORANDUM OPINION 

Before Justices Bridges, Francis, and Lang-Miers 

Appellant has filed a motion to dismiss the appeal. Appellant’s counsel has approved the 

motion. The Court GRANTS the motion and ORDERS that the appeal be DISMISSED and 

this decision be certified below for observance. See TEX. R. APP. P. 42.2(a). 

PER CURIAM 

Do Not Publish 

TEX. R. APP. P. 47 

140494F.U05 
Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

TAMIE LINDLEY, Appellant 

No. 05-14-00494-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 2, Dallas County, Texas 

Trial Court Cause No. F12-55817-I. 

Opinion delivered per curiam before Justices 

Bridges, Francis, and Lang-Miers. 

 Based on the Court’s opinion of this date, we DISMISS the appeal. 

Judgment entered June 30, 2014
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2239 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 2239

_______________________________________________________________________

                                 AN ACT

 
 To direct the head of each agency to treat relevant military training 
  as sufficient to satisfy training or certification requirements for 
                           Federal licenses.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Skills to Jobs Act''.

SEC. 2. CONSIDERATION OF RELEVANT MILITARY TRAINING FOR ISSUANCE OF A 
              FEDERAL LICENSE.

    (a) In General.--The head of each Federal licensing authority shall 
consider and may accept, in the case of any individual applying for a 
license, any relevant training received by such individual while 
serving as a member of the armed forces, for the purpose of satisfying 
the requirements for such license.
    (b) Definitions.--For purposes of this Act--
            (1) the term ``license'' means a license, certification, or 
        other grant of permission to engage in a particular activity;
            (2) the term ``Federal licensing authority'' means a 
        department, agency, or other entity of the Government having 
        authority to issue a license;
            (3) the term ``armed forces'' has the meaning given such 
        term by section 2101(2) of title 5, United States Code; and
            (4) the term ``Government'' means the Government of the 
        United States.

SEC. 3. REGULATIONS.

    The head of each Federal licensing authority shall--
            (1) with respect to any license a licensing authority 
        grants or is empowered to grant as of the date of enactment of 
        this Act, prescribe any regulations necessary to carry out this 
        Act not later than 180 days after such date; and
            (2) with respect to any license of a licensing authority 
        not constituted or not empowered to grant the license as of the 
        date of enactment of this Act, prescribe any regulations 
        necessary to carry out this Act not later than 180 days after 
        the date on which the agency is so constituted or empowered, as 
        the case may be.

            Passed the Senate June 29, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 2239

_______________________________________________________________________

                                 AN ACT

 To direct the head of each agency to treat relevant military training 
  as sufficient to satisfy training or certification requirements for 
                           Federal licenses.
```
No. 48289.

#### Protest 40354-K of Newark Brush Co. (New York).

Opinion by

Kincheloe, J.'

It was agreed between counsel that exhibit 1 is paperboard die-cut, and that it is also coated. The testimony of the plaintiff showed that the disks are used as flanges on the sides of brushes for industrial purposes; that the wire brush material is bent “U” shape on a steel ring, and that these flanges are put on each side of it and stitched to hold the brush material in place, as shown by exhibit 2. It was further shown that the brushes are made on a machine, and that the disks have a hole *%*of an inch in the center and that the hole in the center of exhibit 1 is necessary to place the article on the machine; that the steel brushes are used for removing scale from castings or metal stampings in machine shops, garages, and foundries; that they are placed on a power-driven •shaft; that very few of these shafts are *%*inch, and that the size of the hole is usually made larger to fit a customer’s shaft as specified in an order. It was found that the testimony and exhibits showed that the imported disks are not completely manufactured articles but that they serve as material in the manufacture of steel *460brushes. On the record presented the coated paperboard disks were held dutiable at 30 percent ad valorem under paragraph 1413, as paperboard cut or die-cut into designs or shapes, etc., as claimed. Abstract 40644 cited.