alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018392EN.01000303.xml

| 29.10.2018 | EN | Official Journal of the European Union | C 392/3 |
| --- | --- | --- | --- |

29.10.2018

EN

Official Journal of the European Union

C 392/3

---

Appeal brought on 6 July 2018 by the European Union Intellectual Property Office against the judgment of the General Court (Sixth Chamber) delivered on 26 April 2018 in Case T-554/14 Messi Cuccittini v EUIPO — J.M.-E.V. e hijos

(Case C-449/18 P)

(2018/C 392/06)

Language of the case: Spanish

Parties

Appellant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other parties to the proceedings: Lionel Andrés Messi Cuccittini and J.M.-E.V. e hijos, S.R.L.

Form of order sought

The appellant submits that the Court should:

| — | Set aside the judgment under appeal; |
| --- | --- |

—

Set aside the judgment under appeal;

| — | Order the applicant before the General Court to pay the costs. |
| --- | --- |

—

Order the applicant before the General Court to pay the costs.

Grounds of appeal and main arguments

EUIPO submits that the judgment under appeal ought to be set aside in so far as the General Court has infringed Article 8(1)(b) of European Trade Mark Regulation, on the following grounds:

| — | The General Court has erred in law in examining the conceptual similarity between the signs, since it takes into account only the perception of a significant part of the relevant public and fails to establish the relevance of the remainder of the relevant public, for whom the conceptual difference between the marks fails to counteract their visual or phonetic similarity. |
| --- | --- |

—

The General Court has erred in law in examining the conceptual similarity between the signs, since it takes into account only the perception of a significant part of the relevant public and fails to establish the relevance of the remainder of the relevant public, for whom the conceptual difference between the marks fails to counteract their visual or phonetic similarity.

| — | Accordingly, the General Court has erred in law by discounting the existence of a likelihood of confusion on the basis of the conceptual perception that a ‘significant part’ of the public has of the marks at issue, rather than assessing whether such a likelihood of confusion exists in a non-negligible part of the relevant public, as required by case-law. |
| --- | --- |

—

Accordingly, the General Court has erred in law by discounting the existence of a likelihood of confusion on the basis of the conceptual perception that a ‘significant part’ of the public has of the marks at issue, rather than assessing whether such a likelihood of confusion exists in a non-negligible part of the relevant public, as required by case-law.

---
#### Glenn C. GROSJEAN, Plaintiff and Appellant, v. Raymond R. ROSS, Personal Representative of the Estate of Raymond R. Ross, Deceased, Galen J. Ross and Toluca Enterprises, Inc., Defendants and Respondents.

No. 14992.

Supreme Court of Utah.

Dec. 20, 1977.

*1384H. Wayne Wadsworth, Watkiss & Campbell, Salt Lake City, for plaintiff and appellant.

Walker & Hintze, Galen J. Ross, Salt Lake City, for defendants and respondents.

WILKINS, Justice:

Plaintiff brought action to recover a money judgment for the value of services rendered to defendants and for fraud, and for a decree awarding the plaintiff stock in the defendant corporation. The District Court for Salt Lake County entered its order dismissing the complaint with prejudice as to the individual defendants on the ground that the action was barred by the provisions of Utah Code Ann., 1953, 78-12-27, as amended. From this order, and the Court’s order denying plaintiff relief from this order, plaintiff appeals. Reversed and remanded for further proceedings consistent with this opinion. Costs to plaintiff.

The only critical issue involved here is whether plaintiff’s actions against the individual defendants are barred by the statute cited. The resolution of this issue is disposi-tive and the discussion of other matters raised is therefore unnecessary.

Utah Code Ann., 1953, 78-12-27, as amended, in relevant part, provides:

> Action against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created, by law must be brought within three years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability accrued, .

The case of *American Theatre Co.*v. *Glasmann,*95 Utah 303, 80 P.2d 922 (1938) is controlling here. In that case this Court held that the predecessor statute, Rev.St., 1933, 104-13-7, did not bar an action by a creditor of the corporation to recover assets from a shareholder to whom all of the assets of the corporation had been transferred. In that case this Court said:

> The Courts have rather uniformly held under statutes such as this that the sections refer to such liabilities as arise from or grow out of the fact of being a director or stockholder, a liability founded upon the fact of, or imposed because of, the relationship of being a stockholder or director.

Plaintiff does not seek to recover any penalty or forfeiture imposed or liability created by law on the individual defendants in their representative capacities as directors or stockholders of the corporation,1 and we hold that the statute does not bar plaintiff’s action on this point.

Whether some other statute of limitations or other defense may bar plaintiff’s causes of action or any of them is not before us and we therefore venture as no opinion thereon.

ELLETT, C. J., and CROCKETT, MAU-GHAN and HALL, JJ., concur.

1

. See also, *Campbell v. Clark,*159 Cal.App.2d 439, 324 P.2d 55, 58 (1958).
il log record for items that deal with a single issue and for which our CVB response is likely to be communicated in a single letter. 

s breaking up large packages that arrive under a single cover letter or, less frequently, combining several small, highly related 

g record. 

ur electronic submissions will be most efficient if you attempt to define submission in the same manner. 

oal is [1 submission] = [1 mail log ID] = [1 CVB response letter]. Each submission needs its own 2049 form. 

NCAH PORTAL CVB QUICK REFERENCE GUIDE

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th e Equa l Acces s t o Justic e Act FA A DOCKE T NO . [T O B EASSIGNED ] FDM S NO . FAA-20n-I0[ 0

NOTIC EO FASSIGNMEN T O FPROCEEDIN G Thi s proceedin g (arisin g fro mcivi l penalty proceedin g FAA Docke t No . CP09AL0012 ) ha s been assigne dt o Administrativ e La w Judg e RichardC Goodwin . Al l future pleading s andother communication s regardin g this proceedin g shal l b e serve do n th e Judge , th e FAA Hearin g Docket , an dth e other

person s o n th e attache dServic e List .

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ON E COP Y Ronal dG . Smith , Presiden t Smit hCabl e Systems , Inc . Throug hCounse l Bren t R . Cole , Applican t

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o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-36(5-753 6

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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 Premier Community Bankshares, Inc. (the Company) on Form 10-K for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the Report), the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that based
on their knowledge and belief: 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 as of and for the periods covered in the Report.



|                                                |  |               
|----------------------------------------------- |  | --------------
|                                                | 
|/s/ Donald L. Unger                             |  | March 22, 2004
|Donald L. Unger                                 |  |               
|President & Chief  Executive Officer            |  |               
|                                                | 
|/s/ Frederick A. Board                          |  | March 22, 2004
|Frederick A. Board                              |  |               
|Senior Vice President & Chief Financial Officer |  |
NUMBERS 13-14-00146-CR, 13-14-00148-CR AND 13-14-00150-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

VICENTE FABIAN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 92nd District Court

of Hidalgo County, Texas

ORDER ABATING APPEAL

Before Justices Garza, Benavides, and Perkes

Order Per Curiam

Appellant, Vicente Fabian, seeks to appeal from his convictions by filing pro se

notices of appeal. Sentence was imposed on December 17, 2013 and appellant’s trial 

counsel filed a motion to withdraw which was granted by the trial court on February 25, 
2

2014. Because the record fails to indicate whether appellant is entitled to appointed 

counsel on appeal, we ABATE and REMAND these causes. 

Upon remand, the trial court is directed to: (1) immediately cause notice to be 

given and conduct a hearing to determine whether appellant is indigent; (2) appoint 

counsel to represent appellant on appeal if he is determined to be indigent; (3) make and 

file appropriate findings of fact and conclusions of law and cause them to be included in 

a clerk's record; (4) cause the hearing to be transcribed and included in a reporter's 

record; and (5) have these records forwarded to the Clerk of this Court within thirty days 

from the date of this order. If the trial court requires additional time to comply, the trial 

court should so notify the Clerk of this Court. 

It is so ORDERED.

PER CURIAM

Do not publish. 

See TEX. R. APP. P. 47.2(b).

Delivered and filed the

28th day of April, 2014.
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

December 19, 2014

t1216 

# Order

Clerk December 19, 2014

149246

- 7

MICHAEL LEGO and PAMELA LEGO

, Plaintiffs

- Appellees,

v SC: 149246

COA: 312392

Wayne CC: 12

- 007085

- NO

JAKE LISS,

Defendant

- Appellant.

_________________________________________/

MICHAEL LEGO and PAMELA LEGO,

Plaintiffs

- Appellees,

v SC: 149247

COA: 312406

Wayne CC: 12

- 007085

- NO

JAKE LISS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 27, 2014

judgment of the Court of Appeals is considered, and it is GRANT ED. The parties shall

address: (1) whether, and if so to what degree, a defendant governmental actor’s mental

state or level of culpability is relevant to determining what constitutes normal, inherent,

and foreseeable risks of the firefighter’s or police officer’s profession, under MCL

600.2966; and (2) whether the defendant’s alleged violation of numerous departmental

safety procedures is relevant to determining whether the shooting in this case was one of

the normal, inhe rent and foreseeable risks of pl aintiff Michael Lego ’s profession. In

addressing the first issue, the parties shall also address whether, and if so to what extent,

MCL 600.2967 informs the interpretation of MCL 600.2966.
EXHIBIT 23



                         CONSENT OF INDEPENDENT AUDITORS


We hereby consent to the incorporation by reference in the Registration
Statements of Form S-8 related to the 1991 Long-Term Incentive and Stock Option
Plan and subsequent amendment (commission file No.'s 33-74148, 33-89222, and
333-3670) and the Registration Statement on Form S-8 for the registration of
31,389 shares (commission file No. 33-94006), of our report, dated November 14,
1997, with respect to the financial statements of XATA Corporation, appearing in
this Annual Report on Form 10-KSB for the year ended September 30, 1997.


                                         /s/ McGladrey & Pullen, LLP
                                         ------------------------------
                                         McGLADREY & PULLEN, LLP


Minneapolis, Minnesota
December 23,  1997
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Page 86136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27152]


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

FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

[Docket No. AS23-20]


Appraisal Subcommittee Notice of Meeting

AGENCY: Appraisal Subcommittee of the Federal Financial Institutions 
Examination Council.

ACTION: Notice of special closed meeting.

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

SUMMARY: In accordance with section 1104(b) of title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 
as amended, notice is hereby given that the Appraisal Subcommittee 
(ASC) met for a Special Closed Meeting on this date.
    Location: Virtual meeting via Webex.
    Date: December 6, 2023.
    Time: 10:00 a.m. ET.

Action and Discussion Item

Personnel Matter

    The ASC convened a Special Closed Meeting to discuss a personnel 
matter. No action was taken by the ASC.

James R. Park,
Executive Director.
[FR Doc. 2023-27152 Filed 12-11-23; 8:45 am]
BILLING CODE 6700-01-P
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NOS. WR-90,904-01 & 90,904-02

EX P ARTE F REDRICK JACK SON, Applicant

ON AP P LICATIONS F OR WRITS OF HABEAS CORP US CAUSE NOS. 1546496-A & 1546498-A IN THE 179 T H DISTRICT COURT

F ROM HARRIS COUNTY

Per curiam . Y E A R

Y , J . concurred.

O P I N I O N Applicant entered open pleas of g u ilt to a g g ravated robbery and possession of a p rohibited weapon. He was sentenced to eig hteen y ears’ imprisonment on each offense, to run concurrently

. Applicant filed these applications for writs of habeas corpus i n t h e co u n t y of conviction, and the district clerk forwarded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends th a t h e was denied h is r ig ht to appeal because counsel failed to adequately inform him of and preserve his appellate r ig hts. The trial c o u r t r e commends that Applicant be allowed to file out-of-time appeals based on a breakdown in the sy stem. Relief is g r anted. Applicant may file out-of-time a ppeals of his convictions in cause numbers 1546496 and 1546498 from the 179 t h District Court of H arris County

. W ithin ten day s from the dateof this Court’s mandate, the trial court shall determine whether A pplicant is indig ent. I f Applicant

is indig ent and wants to b e represented by counsel, the trial court shall appoint counsel to represent him on d irect appeal. Should Applicant decide to appeal, h e must file written notice(s) o f appeal in the trial court within thirty day s from the date of this Court’s mandate. Copies o f t

h i s o p i n i o n s h a l l b e s e nt to the Tex as Department of Criminal J u stice–Correctional I nstitutions Division and the B oard of Pardons and Paroles.

Delivered: May

8, 2024 Do not publish
Exhibit 32CEO AND CFO CERTIFICATION OF PERIODIC REPORTPursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section1350, each of the undersigned certifies that:(1) the Annual Report on Form 10-K of the Company for the year endedSeptember 30, 2007 (the “Report”) fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m or 78o(d)); and (2) the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results ofoperations of the Company.       /s/ Joseph T. Dunsmore         Joseph T. Dunsmore
[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Page 86350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27263]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; R01 Review Panel on Clonal Hematopoiesis.
    Date: March 4, 2024.
    Time: 12:00 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Ivan Tadeu Rebustini, Ph.D., Scientific Review 
Officer, Scientific Review Branch, National Institutes of Health, 
National Institute on Aging, 7201 Wisconsin Avenue, RM: 100, 
Bethesda, MD 20892, (301) 555-1212, <a href="/cdn-cgi/l/email-protection#335a45525d1d4156514640475a5d5a735d5a5b1d545c45"><span class="__cf_email__" data-cfemail="543d22353a7a2631362127203d3a3d143a3d3c7a333b22">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: December 7, 2023.
Miguelina Perez
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2023-27263 Filed 12-12-23; 8:45 am]
BILLING CODE 4140-01-P


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