alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014315EN.01002002.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/20 |
| --- | --- | --- | --- |

15.9.2014

EN

Official Journal of the European Union

C 315/20

---

Judgment of the Court (Third Chamber) of 10 July 2014 (request for a preliminary ruling from the Bundespatentgericht (Germany)) — Apple Inc. v Deutsches Patent- und Markenamt

(Case C-421/13) (1)

1

((Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Articles 2 and 3 - Signs capable of constituting a trade mark - Distinctive character - Representation, by design, of the layout of a flagship store - Registration as a trade mark for ‘services’ connected with the products on sale in such a store))

2014/C 315/30

Language of the case: German

Referring court

Referring court

Bundespatentgericht

Parties to the main proceedings

Parties to the main proceedings

Applicant: Apple Inc.

Applicant:

Defendant: Deutsches Patent- und Markenamt

Defendant:

Operative part of the judgment

Operative part of the judgment

Articles 2 and 3 of Directive 2008/95 of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the representation, by a design alone, without indicating the size or the proportions, of the layout of a retail store, may be registered as a trade mark for services consisting in services relating to those goods but which do not form an integral part of the offer for sale thereof, provided that the sign is capable of distinguishing the services of the applicant for registration from those of other undertakings; and, that registration is not precluded by any of the grounds for refusal set out in that directive.

---

(1)  OJ C 313, 26.10.2013.

1

---
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```
[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Page 43525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21467]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3664-000]

Union Electric Company; Re-Notice of Filing 1

August 8, 1997.
    Take notice that on July 8, 1997, Union Electric Company (UE) filed 
with the Federal Energy Regulatory Commission an application for 
authority to charge market based rates and for certain waivers and 
authorizations. UE requested waiver of notice to permit its proposed 
rate schedule to become effective on July 9, 1997, one day after the 
date of filing.
---------------------------------------------------------------------------

    \1\ The filing is being re-noticed because as published in the 
Federal Register on July 31, 1997, (62 FR 41037, column 1, FR Doc. 
97-20121) the docket number was incorrect and the second paragraph 
and signature block were omitted.
---------------------------------------------------------------------------

    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests should be filed on or before August 15, 1997. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-21467 Filed 8-13-97; 8:45 am]
BILLING CODE 6717-01-M
```
**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  /-

April 12, 1939 /

%I?. 6. Y. Cunningham County Auditor Bavarro County Coreioana, Texas Deer sir:

ed queastion has 

### XI on the above statee and four OS the 

### or~thepaymentof separateand'.diethe state, (8)aosf paid 

### by th8 dofen

### of Criialnul

Prooeawe 0ompensstLon

of anywitness eubpoenasdor ettaohed &me beforeany oourtOT

,out of the.

qotity.ofhfa realfelony.aeae,

aad rho appears in 

### bligatlonsor eaohreoognlaanoo B further provide0 nitnese fee* ed 

### only to en& wltnsasesaa-mayhave been summonedon ths 6wornwrittenapplioetioaof the State*sattorneyor the defendant-or hfS attorneyas 

### prorldedinArtiols463,Uode of CrlalnalProtiedurs, whloh swornapplication mat be **made** 

### at the timeof theproouringof the tsttbpoena, ttaohmeatfor, or recogniaunoe 

### or, thewitness.Mr. 3. Y. Cunnlnghsm, April 12, 1939, Page 2

Artiole 1036, Code of Criminal ?rocedure, supra, applies only to out of county witnesses In felony oases before the Rlstrlot Courts and hos no appllcation as to witnesses In misdemeanor oases In the oounty courts. ArtIdle 473, Code of Crimlnsl Procedure, provides: Where ‘a witnese reeldee out of the oounty In whloh the proseoution la pendlng, the State or the defendant shall be entitled, either In term or In vaoatlonk to a eubpoona to oompel the attendanoe of suoh witness on epplioatlon to the proper olerk or magistrate. Suoh epplloatlon shell be In the manner end form as prwlded &.nArtiole 463, Code of Criminal Prooedure.”The above quoted stahute~ epplles only to witneases In felonyoases, who reside out of the oountg In which the proaeoutlon is pendlng, and has no application whatsoever to witneaaea who reside out of the county, In which the proseontion le pending In mlsdemeapor oaeee. . *

.. s- . . .. Relative to ooats paid by the defendant, In orlmlnal action, Artlole 1078, Code of Criminal Procedure provides: @Wtnesaee In orImlne1 oaaea shall be allowed one dollar and fifty oente a day for eaoh day they a’re In ettendanoe upon the oourt, and air oenta for each mile they may travel In golng to or returning from the plaoe of trial.” After a therough eeardh of the statutes we are unable to find any authority that authorizes or preaorlbed the manner by whloh out of oounty wltneesee maybe reoognlzed, subpoenaed or atteohed in misdemeanor oases In the oounty ootrrte, nor do we find any atatutee providing for the oompensatlon of out of county rltneeeee in misdemeanor oaaee.bz. E. Y. Cunningham, April 12, 1939, Peee 2

You are respectfully advised that it is the opinion of this Department that the statutes do not make any provisions by whloh out of county witnesses maybe recognized, subpoeneed or attached In misdemeanor oases **in** the oounty courts, nor do the statutes provide for the oompensation of out of county witnesses in suoh 08888. Trusting that the foregoing answers your idquiry, we remain Very **truly yours**  ATTGRH'EYGENERAL

OFTEXAS

**Ardell** 

### Willlams Assistant, 

### AWlAW
#### Jimmy Floyd WRIGHT, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent.

No. II-392.

District Court of Appeal of Florida, First District.

May 18, 1978.

Michael J. Minerva, Public Defender, and Janice G. Scott, Asst. Public Defender, for petitioner.

Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., Tallahassee, for respondent.

SMITH, Acting Chief Judge.

Wright, a state prisoner, petitions for a writ of habeas corpus alleging that respondent Wainwright has taken his liberty, in the form of gain-time, without due process of law.

Wright escaped from a state road prison, was apprehended, and pleaded guilty to a charge of escape. The trial judge accepted his guilty plea, without informing him that *12he might lose his accumulated gain-time upon his return to prison, and sentenced him to serve one year and one day to run consecutively with his existing sentence. Wright alleges that, on returning to prison, officials told him he had “automatically” forfeited 260 days of gain-time on his prior sentence because of his escape and conviction. Wright seeks restoration of his forfeited gain-time because he was not given notice or a hearing to contest the forfeiture, which Wright urges is guaranteed by the due process clause of the fourteenth amendment to the United States Constitution.

Section 944.28(1), Florida Statutes (1977), provides that:

> (1) If a prisoner is convicted of escape, or if the clemency or parole granted to him is revoked, the Department of Offender Rehabilitation may, without notice or hearing, declare a forfeiture of all gain-time earned and extra gain-time allowed such prisoner, if any, prior to such escape or his release under such clemency or parole, as the case may be.

The Florida Supreme Court recently held that Section 944.28(1) does not offend constitutionally guaranteed due process rights. *Morgan*v. *Cook,*344 So.2d 577 (Fla.1977), followed by this court in *Hanks v. Wainwright,*360 So.2d 783 (Fla. 1st. DCA 1978). Moreover, the statute’s express provision for forfeiture without notice or hearing forecloses any hearing remedy Wright might otherwise have under Section 120.57, Florida Statutes (1977), as a person whose substantial interests are determined by an agency. *See Florida Dep’t of Offender Rehab. v. Jerry,*353 So.2d 1230 (Fla. 1st DCA 1978).

We do not pass on whether the potential forfeiture of gain-time, discretionary under the present statute but allegedly automatic in practice, is in law or in practice part of the minimum mandatory or maximum possible penalty contemplated by Rule 3.172(c)(i), Fla.R.Crim.P., of which the trial judge should have advised Wright before accepting his guilty plea. See *Williams v. State,*316 So.2d 267, 271 (Fla.1975). That issue must be raised, if at all, by an appropriate attack on the judgment and sentence.

The petition is DENIED.

ERVIN and BOOTH, JJ., concur.
#### Charles E. NELSON and Arthur Anderson & Co., Petitioners, v. STATE BOARD OF ACCOUNTANCY, DIVISION OF PROFESSIONS, DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, Respondent.

No. 11-58.

District Court of Appeal of Florida, First District.

Feb. 23, 1978.

Melvin N. Greenberg, Byron G. Peterson, of Greenberg, Traurig, Hoffman, Lipoff, Quentel, Wright & Wolff, Miami, for petitioners.

James S. Quincey, of Clayton, Duncan, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, and Parker D. Thomson, of Paul & Thomson, Miami, for respondent.

McCORD, Chief Judge.

This cause is before the court on the petition of Charles E. Nelson and Arthur Anderson & Co., for review of preliminary, procedural, or intermediate agency action pursuant to § 120.68(1), Florida Statutes (1975), and on the State Board of Accountancy’s motion to dismiss the petition for review. Pursuant to § 473.261(4), Florida Statutes (1975), respondent filed a complaint against the petitioners purportedly based upon findings by respondent that petitioners had violated certain statutes and rules of respondent. The complaint is now pending before the Division of Administrative Hearings under § 120.57(1), Florida Statutes (1975), upon petitioners’ request for hearing.

Petitioners contend that respondent Board failed to comply with requirements of law essential to probable cause findings against petitioner. Respondent, by its motion to dismiss, contends that this Court lacks subject matter jurisdiction under § 120.68, Florida Statutes, in that review of the final agency decision will provide an adequate remedy to petitioners. It appears that petitioners have raised before the hearing officer the question which they now raise here, and the hearing officer has not ruled upon such question. Petitioners are in doubt whether or not the hearing officer has authority to make such ruling and by this proceeding seeks this Court’s ruling in lieu of a ruling by the hearing officer.

It is our ruling that the hearing officer has authority to make such preliminary ruling which will, of course, be subject to ultimate review by this Court; that such ultimate review of final agency action will provide an adequate remedy to petitioner.

The petition for review is dismissed.

BOYER, J., and MASON, ERNEST E., Associate Judge, concur.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FAMILY HEALTH SYSTEMS, INC. FOR THE YEAR ENDED AUGUST
31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.

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</TABLE>
[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Notices]
[Pages 44973-44974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22533]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of National AIDS Policy; Notice of Meeting of the 
Presidential Advisory Council on HIV/AIDS and Its Subcommittees

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the Presidential Advisory Council on HIV/AIDS on December 4-
7, 1997, at the Omni Shoreham Hotel, Washington, DC. The meeting of the 
Presidential Advisory Council on HIV/AIDS will take place on Thursday, 
December 4, Friday, December 5, Saturday, December 6, and Sunday, 
December 7 from 8:30 am to 5:30 pm at the Omni Shoreham Hotel, 2500 
Calvert St., NW, Washington, DC 20008. The meetings will be open to the 
public.
    The purpose of the subcommittee meetings will be to assess the 
Administration's response to previous recommendations and assess the 
status of previous recommendations made to the Administration. The 
agenda of the Presidential Advisory Council on HIV/AIDS may include 
presentations from the Council's seven committees, Research, Services, 
Prevention, International, Discrimination, Communities for African and 
Latino Descent, and Prison Issues.
    Daniel C. Montoya, Executive Director, Presidential Advisory 
Council on HIV and AIDS, Office of National AIDS Policy, 808 17th 
Street, N.W., Suite 820, Washington, D.C. 20006, Phone (202) 632-1090, 
Fax (202) 632-1096, will furnish the meeting agenda and roster of 
committee members upon

[[Page 44974]]

request. Any individual who requires special assistance, such as sign 
language interpretation or other reasonable accommodations, should 
contact Ann Borlo at (301) 986-4870 no later than November 1, 1997.

    Dated: August 19, 1997.
Daniel C. Montoya,
Executive Director, Presidential Advisory Council on HIV and AIDS, 
Office of National AIDS Policy.
[FR Doc. 97-22533 Filed 8-22-97; 8:45 am]
BILLING CODE 3195-01-M
No. 95-9221.

#### Garrison *v.*Department of Justice.

C. A. Fed. Cir. Certiorari denied.
_______________________________________ __ ___________________ ______________ Michigan Supreme Court 

# Order

Lansing, Michigan

October 11, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. 125250(60) Stephen J. Markman, Justices

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, SC: 125250 v COA: 242050 Oakland CC: 01-177534-FC NICHOLAS JAMES JACKSON, Defendant-Appellee/ant.

On order of the Chi ef Justice, the motion by Wayne County Prosecutor for leave to participate in oral argument as amicus curiae is considered, and it is DENIED.

cc101105 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 11, 2005

Clerk
# New DLA Energy deputy commander assumes role

/ Published June 2, 2017
FORT BELVOIR, Virginia, 
Guy C. Beougher, former executive director of Defense Logistics Agency Operations (J3), assumed the role of DLA Energy deputy commander from acting deputy commander Gabby Earhardt May 30.

In his previous position, Beougher was responsible for coordinating and synchronizing DLA’s day-to-day worldwide logistics, acquisition and technical support services in support of combatant commands, military services, federal, state, and civil agencies and foreign governments.

DLA Energy Commander Air Force Brig. Gen. Martin Chapin notified the DLA Energy workforce of the new deputy commander May 18.

“I know Guy is going to bring a huge amount of J3 and headquarters expertise with him,” Chapin said in his email to the Energy workforce. “He will be looking to get fully immersed in Energy operations as soon as possible.”

Chapin thanked Earhardt for filling in as vice director following the departure of former deputy commander George Atwood. Prior to serving as the acting deputy commander, Earhardt served as the DLA Energy Supplier Operations director. Earhardt has also served as the director of the Procurement Process Support directorate.

“I would be remiss if I did not take another opportunity to thank Gabby Earhardt for doing an outstanding job as the acting deputy commander for the past few months,” Chapin said. “Not only have I been impressed with her performance, but our fellow primary level field activity commanders, deputies and the DLA leadership have also acknowledged what an awesome job she did! Thanks Gabby!”

Beougher began his career at DLA in 2013 when he was selected to be the executive director of support, policy and strategic programs in DLA Logistics Operations.

A member of the Senior Executive Service since January 2012, Beougher previously served as the assistant deputy chief of staff for logistics for U.S. Army Forces Command at Fort Bragg, North Carolina. Prior to that assignment, he served in DLA Logistics Operations as the DLA Strategic Programs and Initiatives division chief from 2010 to 2011.

Prior to his appointment to the SES, Beougher served as the civilian deputy to the deputy commanding general for support, U.S. Forces Afghanistan. He is a retired Army colonel and served more than 30 years in a variety of logistics, operations and command positions.
```

[106th Congress Public Law 428]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ428.106]

[[Page 114 STAT. 1899]]

Public Law 106-428
106th Congress

                            Joint Resolution

 
 Making further continuing appropriations for the fiscal year 2001, and 
      for other purposes. <<NOTE: Nov. 4, 2000 -  [H.J. Res. 84]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by striking the date specified in section 
106(c) <<NOTE: Ante, p. 1898.>>  and inserting ``November 14, 2000''.

    Approved November 4, 2000.

LEGISLATIVE HISTORY--H.J. Res. 84:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Nov. 18, considered and passed 
                                        House.
                                                        Vol. 146 (2000):
                                    Nov. 1, considered and passed 
                                        Senate, amended.
                                    Nov. 3, House concurred in Senate 
                                        amendments.

                                  <all>
```
**EXHIBIT 23.1**

 

INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM’S CONSENT

 

We consent to the incorporation by reference in registration Statements Nos. 333-89808, 333-02074, 333-18161, 333-48556, 333-122911, 333-138619 and 333-152210 of Mesa Laboratories, Inc. on Form S-8 of our report dated June 29, 2012 appearing in the Form 10-K/A Amendment No. 1 of Mesa Laboratories, Inc. for the year ended March 31, 2012.

 

/s/ Ehrhardt Keefe Steiner & Hottman PC

Ehrhardt Keefe Steiner & Hottman PC

 

August 22, 2012

Denver, Colorado

 

----