alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022340EN.01003501.xml

| 5.9.2022 | EN | Official Journal of the European Union | C 340/35 |
| --- | --- | --- | --- |

5.9.2022

EN

Official Journal of the European Union

C 340/35

---

Judgment of the General Court of 13 July 2022 — Pejovič v EUIPO — ETA živilska industrija (TALIS)

(Case T-283/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark TALIS - Absolute ground for invalidity - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2022/C 340/47)

Language of the case: English

Parties

Applicant: Edvin Pejovič (Pobegi, Slovenia) (represented by: U. Pogačnik, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the Court: ETA živilska industrija d.o.o. (Kamnik, Slovenia) (represented by: J. Sibinčič, lawyer)

Re:

By its action under Article 263 TFEU, the applicant, Mr Edvin Pejovič, seeks the annulment and alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 March 2021 (Case R 888/2020-4) (‘the contested decision’).

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 March 2021 (Case R 888/2020-4); |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 March 2021 (Case R 888/2020-4);

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders EUIPO to bear its own costs and to pay those incurred by Mr Edvin Pejovič for the purposes of the present proceedings and for the purposes of the proceedings before the Board of Appeal; |
| --- | --- |

3.

Orders EUIPO to bear its own costs and to pay those incurred by Mr Edvin Pejovič for the purposes of the present proceedings and for the purposes of the proceedings before the Board of Appeal;

| 4. | Orders ETA živilska industrija d.o.o. to bear its own costs. |
| --- | --- |

4.

Orders ETA živilska industrija d.o.o. to bear its own costs.

---

(1)  OJ C 278, 12.7.2021.

---
#### Thomas BRODRICK, Agent for Surety Resolute Insurance Company, Appellant, v. STATE of Florida and Edwin Roger Sutherland, Appellees.

No. 73-681.

District Court of Appeal of Florida, Fourth District.

July 10, 1973.

Appeal from Circuit Court, Palm Beach County; Vaughn Rudnick, Judge.

Appeal quashed.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

CECELIA ANYIKA-FRANCIS,

Respondent

v.

YUSUFU ANYIKA,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 50 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 25th day of May, 2022, the Petition for Allowance of Appeal is 

DENIED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET FOR JUNE 30, 2000 AND THE STATEMENT OF OPERATIONS FOR THE
SIX MONTH PERIOD ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000946945
<NAME> UROCOR, INC.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       6,976,985
<SECURITIES>                                 3,348,501
<RECEIVABLES>                               16,006,992
<ALLOWANCES>                                 5,895,443
<INVENTORY>                                  1,126,127
<CURRENT-ASSETS>                            26,498,400
<PP&E>                                      17,840,864
<DEPRECIATION>                               8,127,866
<TOTAL-ASSETS>                              46,117,322
<CURRENT-LIABILITIES>                        4,829,536
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       109,893
<OTHER-SE>                                  40,589,500
<TOTAL-LIABILITY-AND-EQUITY>                46,117,322
<SALES>                                              0
<TOTAL-REVENUES>                            24,360,703
<CGS>                                                0
<TOTAL-COSTS>                                9,031,747
<OTHER-EXPENSES>                            12,198,401
<LOSS-PROVISION>                             2,018,093
<INTEREST-EXPENSE>                                 268
<INCOME-PRETAX>                              1,420,091
<INCOME-TAX>                                   555,395
<INCOME-CONTINUING>                            864,696
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   864,696
<EPS-BASIC>                                        .09
<EPS-DILUTED>                                      .09


</TABLE>
#### THE SMOKY CITY. ZUBIC v. TRANTER MFG. CO.

No. 6208.

Circuit Court of Appeals, Third Circuit.

March 5, 1937.

Rehearing Denied April 8, 1937.

McCrady, McClure, Nicklas & Hirschfield and John B. Nicklas, Jr., all of Pittsburgh, Pa., for appellant.

*960J. M. Stoner & Sons and J. R. Van Kirk, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, Circuit Judge, and WELSH and MARIS, District Judges.

BUFFINGTON, Circuit Judge.

This admiralty case turns on the question of fact whether the contract between the parties was simply to furnish material for an installation designed by the vessel owner, or whether it was a contract by the libelant to design installation and furnish the material for such design. The court below found the former contention was the fact and entered a decree in favor of the materialman and against the appellant vessel.

On due consideration had, we find ourselves in accord with the court below. After negotiations, a letter embodying the contract was written by libelant addressed to Zubic, who owned the vessel, which strongly supports libelant’s contention that it agreed simply to furnish material, and the weight of the proof is to the same effect. The letter makes no mention of Zubic’s steamer; it makes no mention of design or installation, but speaks simply of material: “We are pleased to furnish you the following material,” “trusting we may be favored with your.order for this material”; it does not provide for installation and delivery is “f. o. b. our works.”

Without entering into the further contentions made, all of which have been duly considered, we affirm the decree below, but, in view of the very long delay of the parties in disposing of the case, and as a warning against such delays, we direct that all interest allowances in this case be reduced to 3 per cent. With such modification, the decree below is affirmed.
---

EXHIBIT 13.1

CERTIFICATION 
of 
Periodic Financial Report 
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 
Section 1350

I, Thomas M. ODonnell, acting as President and Chief Executive Officer of Sand Technology Inc., hereby certify that the Annual Report on Form 20-F for the Fiscal Year ended July 31, 2010 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 as amended and that the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Sand Technology Inc.

Date: November 26, 2010

|By: | /s/ THOMAS M. ODONNELL              
|--- | -------------------------------------
|    | Thomas M. ODonnell                  
|    | President and Chief Executive Officer

This certification is made solely for the purposes of 18 U.S.C. Section 1350, subject to the knowledge standard set forth therein, and not for any other purpose. It is not being filed as part of the Annual Report or as a separate disclosure
document.

---
#### Linnus HARRISON v. WAINWRIGHT.

No. 38687.

Supreme Court of Florida.

May 1969.

Habeas corpus denied without opinion.
#### Jerome Cecil DAVIS, Appellant, v. The STATE of Florida, Appellee.

No. 70-474.

District Court of Appeal of Florida, Third District.

June 2, 1970.

PER CURIAM.

Appeal dismissed.
|   | (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 fully presents, in all material      respects, the financial condition and results of operations or the      Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      January 11, 2011 | By:                          | /s/ James Kerstein |
|-----------------------------|------------------------------|--------------------|
|                        | James      Kerstein          |
|                        | Chief      Executive Officer |

----
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.                  

###### Department of Defense

###### Office of the Secretary

          - [Docket ID: DOD-2018-OS-0041]

# AGENCY:

Defense Logistics Agency (DLA), Department of Defense.

# ACTION:

Notice of availability (NOA).

# SUMMARY:

                        DLA announces the availability of an Environmental Assessment (EA) documenting the                               ( print page 32287)                            potential environmental effects associated with the proposed action to construct and operate hazardous materials warehouses and gas cylinder sheds at Naval Station Norfolk and Naval Support Activity Norfolk Naval Shipyard, Virginia. The EA has been prepared as required under the National Environmental Policy Act (NEPA) and DLA Regulation, Environmental Considerations in Defense Logistics Agency Actions.                    

# DATES:

The public comment period will end on August 13, 2018.

# ADDRESSES:

You may submit comments, identified by DOD-2018-OS-0041, to one of the following:

*Federal eRulemaking Portal: http://www.regulations.gov.*                         Follow the instructions for submitting comments.                    

*Mail:*                         Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Advisory Committee Division, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.                    

# FOR FURTHER INFORMATION CONTACT:

                        Ira Silverberg at 571-767-0705 during normal business hours Monday through Friday, from 8:00 a.m. to 4:30 p.m. (EDT) or by email:                         *ira.silverberg@dla.mil.*

Dated: July 9, 2018.

Shelly E. Finke,

Alternate OSD Federal Register,  Liaison Officer,  Department of Defense.

[FR Doc. 2018-14926 Filed 7-11-18; 8:45 am]

 BILLING CODE 5001-06-P
#### Frankie LISTER et al. v. TEXACO, INC. et al.

No. 62859.

Supreme Court of Louisiana.

Sept. 22, 1978.

In re: Berard Boats, Inc., and Commonwealth Insurance Company, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of St. Mary.

Writ denied.
#### H. E. SPILLARS and Eugene Payton v. George MARTIN.

No. 45618.

Supreme Court of Mississippi.

Nov. 3, 1969.

A. Cinclair May, Garner, Whitten, May & Garner, Hernando, for appellants.

Wilroy, Wilroy & Hagan, Hernando, for appellee.

PER CURIAM.

Affirmed.
#### Walter R. BLANKENSHIP, Appellant, v. STATE of Florida, Appellee.

No. 70-614.

District Court of Appeal of Florida, Fourth District.

Nov. 3, 1971.

Rehearing Denied Dec. 21, 1971.

PER CURIAM.

Affirmed.
EXHIBIT 23.1





INDEPENDENT AUDITORS' CONSENT

We  consent  to  the  incorporation  by  reference  in  Registration   Statement
Nos.2-99954, 33-6920, 33-41542, 33-41543, 33-60901 and 33-82474 of Sierra Health
Services,  Inc., on Forms S-8 of our report dated  February  16, 1998  appearing
in this Annual Report on Form 10-K of Sierra Health Services,  Inc. for the year
ended December 31, 1997.



DELOITTE & TOUCHE LLP

Las Vegas, Nevada
March 25, 1998


<PAGE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           1,300
<SECURITIES>                                         0
<RECEIVABLES>                                  270,900
<ALLOWANCES>                                    21,100
<INVENTORY>                                     26,700
<CURRENT-ASSETS>                               293,600
<PP&E>                                       4,725,000
<DEPRECIATION>                               2,963,300
<TOTAL-ASSETS>                               2,333,100
<CURRENT-LIABILITIES>                          409,200
<BONDS>                                        779,100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       525,000
<OTHER-SE>                                     151,700
<TOTAL-LIABILITY-AND-EQUITY>                 2,333,100
<SALES>                                        411,400
<TOTAL-REVENUES>                               411,400
<CGS>                                          135,300
<TOTAL-COSTS>                                  267,900
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,600
<INCOME-PRETAX>                                124,200
<INCOME-TAX>                                    48,700
<INCOME-CONTINUING>                             75,500
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    75,500
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### INSURANCE COMPANY OF the STATE OF PENNSYLVANIA v. George B. CHRISTIAN.

No. 38624.

Supreme Court of Florida.

July 1969.

Certiorari denied without opinion. 224 So.2d 343.
Exhibit 13



Certification



OF CEO AND CFO 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 on Form 20-F of Océ N.V. (the
Company) for the fiscal year ended November 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), R.L. van Iperen, as Chairman of the Board of Executive Directors of the Company, and
J. van den Belt, as Chief Financial Officer and member of the Board of Executive Officers of the Company, each hereby certifies, 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 his 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.



Dated: February 28, 2005



/s/ R.L. van IperenName:

R.L. van IperenTitle:

Chairman of the Board of Executive Directors(Principal Executive Officer)/s/ J. van den BeltName:

J. van den BeltTitle:

Chief Financial Officer and member of the Board of Executive Directors(Principal Financial Officer)




A signed original of this
written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
Exhibit 32.2
 
   (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended; 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/ Mark T. DetillionMark T. DetillionChief Financial Officer(Principal Financial Officer)May 13, 2010
 A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form
within the electronic version of this 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.
Exhibit 13

Certification

OF CEO AND CFO 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 on Form 20-F of Océ N.V. (the Company) for the fiscal year ended
November 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), R.L. van Iperen, as Chairman of the Board of Executive Directors of the Company, and J. van den Belt, as Chief Financial
Officer and member of the Board of Executive Officers of the Company, each hereby certifies, 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 his 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.

Dated: March 9, 2007



/s/ R.L. van IperenName:

R.L. van IperenTitle:

Chairman of the Board of Executive Directors(Principal Executive Officer)/s/ J. van den BeltName:

J. van den BeltTitle:

Chief Financial Officer and member of the Board of Executive Directors(Principal Financial Officer)


A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002
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.

This certification accompanies the Report to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18
of the Securities Exchange Act of 1934.
**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 Annual Report of Sierra Health Services, Inc. (the Company)
      on Form 10-K for the period ending December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the Report), I, Paul
      H.
      Palmer, 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:




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








/s/
      Paul H. Palmer


Paul
      H.
      Palmer


Chief
      Financial Officer


February
      27, 2007
<PAGE>

                                                                   Page 15 of 15

                               GENESEE CORPORATION

                                   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 Genesee Corporation (the "Company")
on Form 10-Q for the fiscal quarter ending October 28, 2006 as filed with the
Securities and Exchange commission on the date hereof (the "Report") I, Steven
M. Morse, President (as Principal Executive 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:

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

                                        /s/ Steven M. Morse
                                        -----------------------------------
                                        Steven M. Morse
                                        President (Principal Executive Officer)
                                        December 11, 2006

                            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 Genesee Corporation (the "Company")
on Form 10-Q for the fiscal quarter ending October 28, 2006 as filed with the
Securities and Exchange commission on the date hereof (the "Report") I, Steven
M. Morse, Treasurer (as Principal 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:

      (iii) The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (iv)  The information contained in the Report presents, in all material
            respects, the financial condition and results of operations of the
            Company.

                                        /s/ Steven M. Morse
                                        -----------------------------------
                                        Steven M. Morse
                                        Treasurer (Principal Financial Officer)
                                        December 11, 2006