alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022418EN.01003302.xml

| 31.10.2022 | EN | Official Journal of the European Union | C 418/33 |
| --- | --- | --- | --- |

31.10.2022

EN

Official Journal of the European Union

C 418/33

---

Judgment of the General Court of 7 September 2022 — Łosowski v EUIPO — Skawiński (KOMBI)

(Case T-730/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark KOMBI - Earlier EU word mark kombii - Relative ground for invalidity - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) - Reliance on an individual right to use the name ‘kombi’ under national law)

(2022/C 418/45)

Language of the case: Polish

Parties

Applicant: Sławomir Łosowski (Gdańsk, Poland) (represented by: K. Czub, 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 General Court: Grzegorz Skawiński (Sopot, Poland) (represented by: J. Aftyka, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Intellectual Property Office (EUIPO) of 8 September 2021 (Case R 381/2017-5).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Mr Sławomir Łowoski to pay the costs. |
| --- | --- |

2.

Orders Mr Sławomir Łowoski to pay the costs.

---

(1)  OJ C 24, 17.1.2022.

---
IV

House Calendar No. 228

103D CONGRESS

2D SESSION H. RES. 552

[Report No. 103–757]

Providing for consideration of the bill (H.R. 4683) to amend the Solid

Waste Disposal Act to provide congressional authorization of State control over transportation of municipal solid waste, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1994

Mr. MOAKLEY, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the bill (H.R. 4683) to amend

the Solid Waste Disposal Act to provide congressional

authorization of State control over transportation of municipal solid waste, and for other purposes.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 1(b) of

3 rule XXIII, declare the House resolved into the Committee

4 of the Whole House on the state of the Union for consider5 ation of the bill (H.R. 4683) to amend the Solid Waste

6 Disposal Act to provide congressional authorization of
2

HRES 552 RH

1 State control over transportation of municipal solid waste,

2 and for other purposes. The first reading of the bill shall

3 be dispensed with. General debate shall be confined to the

4 bill and shall not exceed one hour equally divided and con5 trolled by the chairman and ranking minority member of

6 the Committee on Energy and Commerce. After general

7 debate the bill shall be considered for amendment under

8 the five-minute rule. It shall be in order to consider as

9 an original bill for the purpose of amendment under the

10 five-minute rule the amendment in the nature of a sub11 stitute recommended by the Committee on Energy and

12 Commerce now printed in the bill. The committee amend13 ment in the nature of a substitute shall be considered as

14 read. At the conclusion of consideration of the bill for

15 amendment the Committee shall rise and report the bill

16 to the House with such amendments as may have been

17 adopted. Any Member may demand a separate vote in the

18 House on any amendment adopted in the Committee of

19 the Whole to the bill or to the committee amendment in

20 the nature of a substitute. The previous question shall be

21 considered as ordered on the bill and amendments thereto

22 to final passage without intervening motion except one

23 motion to recommit with or without instructions.

House Calendar No. 228

103D CONGRESS

2D SESSION H. RES. 552

[Report No. 103–757]

RESOLUTION

Providing for consideration of the bill (H.R. 4683)

for other purposes.over transportation of municipal solid waste, andvide congressional authorization of State controlto amend the Solid Waste Disposal Act to proSEPTEMBER 27, 1994

Referred to the House Calendar and ordered to be

printed
No. 10997.

#### McManigal *v.*The Columbus & Hocking Coal & Iron Co.

Decided October 13, 1908.

Error to Circuit Court of Franklin county.

*Messrs. Addison, Sinks & Babcock,*for plaintiff in error.

*Messrs. Outhzvaite, Linn & Thurman*and *Mr. D. N. Postlezvaite,*for defendant in error.

Judgment affirmed, the cause standing for further action in the court of common pleas.

Shauck, Crew and Spear, JJ., concur.
EXHIBIT 10.6

                    OFFICER EMPLOYMENT CONTINUATION AGREEMENT

Network  Equipment  Technologies,  Inc.  ("the  Company")  and  the  undersigned
("Officer"),   in  partial   consideration  for  their  continuing  officer  and
employment  relationship and to encourage continued employment in the event of a
potential Change of Control, agree as follows:

1. In the  event of  Termination  of  Employment  of  Officer  resulting  from a
Corporate  Transaction,  Change of Control or Hostile  Take-Over (as those terms
are  defined in the 1993 Stock  Option  Plan,  collectively  referred to in this
Agreement as "Change of Control") or from  involuntary  termination  for reasons
other than cause, the Company will provide severance benefits as follows:

     a.   one year of Officer's base salary ("salary continuance"),

     b.   one  year of  Officer's  variable  compensation  (computed  using  the
          mid-point of the applicable range and the company "meets plan"),

     c.   Officer level medical,  dental,  life and disability  insurance during
          the period of salary continuance, and

     d.   vesting of  outstanding  stock  options and  restricted  stock  awards
          during the period of salary continuance.

2.  "Termination  of  Employment"  of Officer  occurs when one of the  following
occurs: he or she is terminated without cause, job location is changed more than
50 miles, his or her compensation is materially reduced or responsibilities  are
substantially  altered or reduced  (without  express consent of the employee) by
the Company,  or by any successor to the Company in  conjunction  with or within
one year after the close of a Change of Control.

3. In the event of a Termination Of Employment in  conjunction  with a Change of
Control,  then vesting of outstanding stock options and restricted stock held by
Officer shall  accelerate at the time of such  Termination.  All vested  options
shall be exercisable for the duration of the life of the option.

4. In order to receive the  foregoing,  Officer  agrees to execute the Company's
release and  non-competition  agreement at the time of any such  Termination  of
Employment.

Agreed this 27th day of October, 1995.

NETWORK EQUIPMENT                                        Roger A. Barney
TECHNOLOGIES, INC.                                ------------------------------
                                                      (Print Name of Officer)

By: /s/ Joseph J. Francesconi                        /s/ Roger A. Barney
    -------------------------                     ------------------------------
                                                          (Signature)
Title: President & CEO

October 26, 1995                                             N.E.T. Confidential
#### Milton F. CONLEY, Appellant, v. UNITED STATES of America, Appellee.

No. 7437.

Circuit Court of Appeals, Sixth Circuit.

March 9, 1937.

Woods, Stewart & Nickell, of Ashland, Ky., W. D. O’Neal, of Catlettsburg, Ky., and John P. Haswell, of Louisville, Ky., for appellant.

Mac Swinford, U. S. Atty., of Lexington, Ky.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

PER CURIAM.

It appearing that there was substantial evidence to submit to the jury the question of appellant’s guilt of the offenses charged in the indictment, and that no error prejudicial to appellant was committed in the admission or rejection of evidence or in the charge given to the jury, it is ordered that the judgment be affirmed.
#### WELSBY *v.*CHELIABINSK TRACTOR PLANT.

1. Master and Servant — -Principal and Agent — Breach op- Contract.

In action for breach of contract of employment, court’s finding of authority in defendant’s agent to make contract in question, *held,*justified, on record.

2. Appeal and Error — Evidence—Harmless Error.

Exclusion of certain testimony was not reversible error, where, if testimony had been received, it would not have changed result.

Appeal from Wayne; Dunham (Major L.), J., presiding.

Submitted January 6, 1932.

(Docket No. 56, Calendar No. 36,104.)

Decided April 4, 1932.

Assumpsit by May B. Welsby against Cheliabinsk Tractor Plant, a foreign corporation, for breach of contract of employment. ■ Judgment for plaintiff. Defendant appeals.

Affirmed.

*Peter P. Boyle,*for plaintiff.

*Maurice Sugar,*for defendant.

Clark, C. J.

In a trial without a jury plaintiff had judgment for damages for breach of a contract of employment. Defendant has appealed.

The preponderance of the evidence is that plaintiff was employed by defendant by its agent Noble, by oral agreement, for the period of 11 months at $300 per month. She was discharged without cause.

The chief question is of Noble’s authority to make the agreement. His duty in chief was to gather an organization to represent defendant. The wéight *684of the evidence is that he did employ persons under certain contracts of employment for a fixed period of time. There is testimony pro and con respecting his authority, but we agree with the trial judge in holding authority to make the contract in question. It is argued that the court erred in ruling on offered testimony of Noble respecting his authority. If it be conceded that Noble would have testified precisely as defendant expected, it would not change the result. We find no reversible error.

Affirmed.

McDonald, Potter, Sharpe, North, Fead, Wiest, and Buteel, JJ., concurred.
#### VENICE UNITED CHURCH OF CHRIST, Appellant, v. FIRST NATIONAL BANK OF VENICE, as Executor of the Last Will and Testament of Mildred H. Betts, Deceased, et al., Appellees.

No. 69-206.

District Court of Appeal of Florida. Second District.

June 3, 1969.

Appeal dismissed.
EXHIBIT 23 (a)

INDEPENDENT AUDITORS' CONSENT

We
consent to the incorporation by reference in the Registration Statements of The Newhall Land and Farming Company on Form S-8 (registration numbers 033-53767,
033-53769, 033-58171, 333-15303, 333-57591, and 333-99381) of our report dated January 21, 2003, appearing in the Annual Report on
Form 10-K of The Newhall Land and Farming Company for the year ended December 31, 2002 and to the reference to us under the heading "Experts" in the Prospectus, which is part
of the Registration Statements.

|                                       |  | /S/ DELOITTE & TOUCHE LLP
|-------------------------------------- |  | -------------------------
|                                       |  |                          
|Los Angeles, California
March 26, 2003 |  |                          

---

EXHIBIT 23 (b)

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors of Newhall Management Corporation
    And Partners of The Newhall Land and Farming Company:

We
consent to the incorporation by reference in the registration statements on Form S-8 (Numbers 033-53767, 033-53769, 033-58171,
333-15303 and 333-57591) of The Newhall Land and Farming Company and subsidiaries of our report dated January 16, 2001, with respect to the consolidated statements of
income, changes in partners' capital, and cash flows for the year ended December 31, 2000, which report appears in the December 31, 2002, annual report on Form 10-K of
The Newhall Land and Farming Company.

|                                       |  | /S/ KPMG LLP
|-------------------------------------- |  | ------------
|                                       |  |             
|Los Angeles, California
March 26, 2003 |  |             

---
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 Health and Human Services

###### Centers for Disease Control and Prevention

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention, Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice of a determination concerning a petition to add a class of employees from the Grand Junction Facilities, in Grand Junction, Colorado, to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA).

# FOR FURTHER INFORMATION CONTACT:

                        Stuart L. Hinnefeld, Director, Division of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 1090 Tusculum Avenue, MS C-46, Cincinnati, OH 45226-1938, Telephone 1-877-222-7570. Information requests can also be submitted by email to                         *DCAS@CDC.GOV.*

# SUPPLEMENTARY INFORMATION:

On June 21, 2018, the Secretary of HHS determined that the following class of employees does not meet the statutory criteria for addition to the SEC as authorized under EEOICPA:

“All employees who worked in any area of the Grand Junction Facilities in Grand Junction, Colorado, from January 1, 1986, through July 31, 2010.”

Authority:42 U.S.C.7384q.

John J. Howard,

Director, National Institute for Occupational Safety and Health.

[FR Doc. 2018-15093 Filed 7-16-18; 8:45 am]

 BILLING CODE 4163-19-P
#### Mary FORTE, Appellant, v. John FORTE, Appellee.

No. 72-263.

District Court of Appeal of Florida, Third District.

April 24, 1972.

PER CURIAM.

Appeal dismissed.
Operator’s name and address;

Charles Choe 15902 Marlinton Dr Whittier, CA 90604 The specific applicable regulations from which relief is required (CFRs); 14 CFR Section 333 How the operator will maintain an equivalent level of safety or no adverse impact to safety;

- As a current commercial rotary helicopter pilot, I will continue to learn and review the latest FAA regulation on drone operation. I will maintain visual contact with the drone and terminate the operation when deemed unsafe at any time. How gr anting the exemption would be in the public interest;

- I plan to use drone to take aerial photos of infrastructure construction to assist the contractor so they can build the project with quality and on time so the public can use it. The proposed operations ; and,

- I plan to take aerial photos of public infrastructure construction. The make and model of the aircraft for proposed operations (aircraft manuals are not necessary). DJI Phantom 3 Docket, FAA- 2007 - 3330 - 0001
EXHIBIT 11.1

                        Computation of Per Share Earnings

         For the year ended December 31, 1998 and 1997, respectively.



                                               Year-Ended            Year-Ended
                                                12/31/98              12/31/97

          A      NET LOSS FOR PERIOD         $ (2,245,427)         $ (409,172)

          B      BASIC WEIGHTED AVG # OF        2,792,738           2,284,419
                 SHARES

                 WEIGHTED AVG # OF COMMON            N/A                  N/A
                 STK OPTIONS

          C      DILUTED WEIGHTED AVG # OF           N/A                  N/A
                 SHARES



         A/B     BASIC EARNINGS PER SHARE    $     (0.80)           $   (0.18)



         A/C     FULLY DILUTED EARNINGS PER          N/A                  N/A
                 SHARE



        N/A=     Anti-dilutive, therefore
                 reported the same as basic
#### C. J. WOLFE, Mayor, Palm Beach Shores, Commissioners of the Town of Palm Beach Shores, Treasurer of Palm Beach Shores, Ernest Abel, and Albert Wolfe, Chief of Police of Town of Palm Beach Shores, Appellants, v. Albert W. BIDDULPH, Appellee.

No. 69-366.

District Court of Appeal of Florida, Fourth District.

March 12, 1970.

Appeal from Circuit Court, Palm Beach County; Joseph P. Metzger, Judge.

Appeal dismissed.
#### Frazier A. FLOYD, Appellant, v. STATE of Florida, Appellee.

No. I-293.

District Court of Appeal of Florida. First District.

Sept. 5, 1967.

PER CURIAM.

Affirmed.
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 Quarterly Report of Preferred Voice, Inc. (the Company) on Form 10-QSB for the period ending June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Mary G. Merritt, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Company.



|/s/ Mary G. Merritt        
|---------------------------
|Mary G. Merritt            
|Principal Executive Officer
|August 14, 2003            



21
##### 



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/ Blake T. Barnett

Blake T. BarnettChief Financial Officer(Principal Financial Officer)May 6, 2008
 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.
Appeals Dismissed and Memorandum Opinion filed November 26, 2019.

In The 

Fourteenth Court of Appeals 

NO. 14-19-00608-CV

NO. 14-19-00609-CV

SCOT CARTER, Appellant 

V.

DELL B. EVERETT AND KELLEY EVERETT, Appellees 

On Appeal from the 334th District Court 

Harris County, Texas 

Trial Court Cause Nos. 2013-74753 and 2018-06658 

M E M O R A N D U M O P I N I O N 

The reporter’s record has not been filed. On August 29, 2019, the clerk of this

court notified appellant that we would consider and decide those issues that do not

require a reporter’s record unless appellant provided this court with proof that he had 

paid or made arrangements to pay for the record. Such proof was due by September 

13, 2019. Appellant did not file such proof or other response.

On October 1, 2019, we ordered appellant to file a brief by October 31, 2019.
2

We cautioned that we would dismiss the appeals for want of prosecution if no brief 

was filed. See Tex. R. App. P. 42.3(b). No brief has been filed.

Accordingly, the appeals are dismissed. 

PER CURIAM 

Panel consists of Justices Zimmerer, Spain, and Hassan.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7296

ARTHUR R. CARTER,

Petitioner – Appellant,

v.

WARDEN, FCI Edgefield,

Respondent - Appellee.

Appeal from the United States District Court for the District of 

South Carolina, at Aiken. Timothy M. Cain, District Judge. 

(1:12-cv-01257-TMC)

Submitted: December 11, 2012 Decided: December 20, 2012

Before WILKINSON, KING, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Arthur R. Carter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Arthur R. Carter, a federal prisoner, appeals the 

district court’s order accepting the recommendation of the 

magistrate judge and denying relief on his 28 U.S.C.A. § 2241 

(West 2006 & Supp. 2012) petition. We have reviewed the record 

and find no reversible error. Accordingly, although we grant 

leave to proceed in forma pauperis, we affirm for the reasons 

stated by the district court. Carter v. Warden, No. 1:12-cv01257-TMC (D.S.C. July 25, 2012). We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED