alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019164EN.01004801.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/48 |
| --- | --- | --- | --- |

13.5.2019

EN

Official Journal of the European Union

C 164/48

---

Judgment of the General Court of 28 March 2019 — Julius-K9 v EUIPO — El Corte Inglés

(Case T-276/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark K9 UNIT - Earlier EU figurative mark unit - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 164/51)

Language of the case: English

Parties

Applicant: Julius-K9 Zrt (Szigetszentmiklós, Hungary) (represented by: G. Jambrik, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and by H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 February 2018 (Case R 1432/2017-2) relating to opposition proceedings between Hipercor, SA and Julius-K9.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2018 (Case R 1432/2017-2); |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2018 (Case R 1432/2017-2);

| 2. | Orders EUIPO to bear its own costs and to pay those incurred by Julius-K9 Zrt; |
| --- | --- |

2.

Orders EUIPO to bear its own costs and to pay those incurred by Julius-K9 Zrt;

| 3. | Orders El Corte Inglés, SA to bear its own costs. |
| --- | --- |

3.

Orders El Corte Inglés, SA to bear its own costs.

---

(1)  OJ C 231, 2.7.2018.

---
19318

#### State v. Cockett

Affirmed
128 P.3d 363

INTERMEDIATE COURT OF APPEALS OF HAWAI'I

#### State v. Han.

25979

01/17/2006

Vacated, affirmed & remanded
# C_2022095EN.01002401.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 95/24 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 95/24

---

Judgment of the General Court of 21 December 2021 — Apostolopoulou and Apostolopoulou-Chrysanthaki v Commission

(Joined Cases T-721/18 and T-81/19) (1)

(Non-contractual liability - Grant agreements concluded in the context of various EU programmes - Breach of contractual terms by the beneficiary company - Eligible costs - OLAF investigation - Liquidation of the company - Recovery from the partners in the company - Enforcement - Allegations made by the representatives of the Commission before the national courts - Identification of the defendant - Failure to have regard to procedural requirements - Partial inadmissibility - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2022/C 95/31)

Language of the case: Greek

Parties

Applicants: Zoï Apostolopoulou (Athens, Greece), Anastasia Apostolopoulou-Chrysanthaki (Athens) (represented by: D. Gkouskos, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà and T. Adamopoulos, acting as Agents)

Re:

APPLICATIONS pursuant to Article 268 TFEU seeking, in essence, compensation for the damage which the applicants allegedly suffered as a result of the allegations made by the representatives of the Commission in the procedure for objecting to enforcement against them of the judgments of 16 July 2014, Isotis v Commission (T-59/11, EU:T:2014:679), and of 4 February 2016, Isotis v Commission (T-562/13, not published, EU:T:2016:63), before the Protodikeio Athinon (Court of First Instance, Athens, Greece) and the Efeteio Athinon (Court of Appeal, Athens, Greece).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Ms Zoï Apostolopoulou and Ms Anastasia Apostolopoulou-Chrysanthaki to pay the costs. |
| --- | --- |

2.

Orders Ms Zoï Apostolopoulou and Ms Anastasia Apostolopoulou-Chrysanthaki to pay the costs.

---

(1)  OJ C 54, 11.2.2019.

---
# C_2019025EN.01001901.xml

| 21.1.2019 | EN | Official Journal of the European Union | C 25/19 |
| --- | --- | --- | --- |

21.1.2019

EN

Official Journal of the European Union

C 25/19

---

Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 17 October 2018 — Autoritatea națională de reglementare în domeniul energiei (ANRE) v Societatea de Producere a Energiei Electrice în Hidrocentrale Hidroelectrica SA

(Case C-648/18)

(2019/C 25/23)

Language of the case: Romanian

Referring court

Tribunalul București

Parties to the main proceedings

Appellant: Autoritatea națională de reglementare în domeniul energiei (ANRE)

Respondent: Societatea de Producere a Energiei Electrice în Hidrocentrale Hidroelectrica SA

Question referred

Does Article 35 TFEU preclude an interpretation of Article 23(1) and Article 28(c) of the Legea energiei electrice și a gazelor naturale nr. 123/2012 according to which electricity producers in Romania are obliged to trade all the electricity they produce exclusively on a centralised competitive market in Romania, given that there is the possibility of exporting energy, albeit not directly but through trading companies?

---
<PAGE>


EXHIBIT 32


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       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 10-K of MicroTel
International Inc. (the "Company") for the year ended December 31, 2003 (the
"Report"), the undersigned hereby certify in their capacities as Chief Executive
Officer and Chief Financial Officer of the Company, respectively, 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, 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.

Dated: March 23, 2004               By: /s/ CARMINE T. OLIVA
                                        ----------------------------------------
                                        Carmine T. Oliva
                                        Chief Executive Officer (principal
                                             executive officer)


Dated: March 23, 2004               By: /s/ RANDOLPH D. FOOTE
                                        ----------------------------------------
                                        Randolph D. Foote
                                        Chief Financial Officer (principal
                                             financial officer)

         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.
#### Haraguchi v. State

16930

10/31/94

Dismissed
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to the incorporation by reference in thefollowing Registration Statements (Form S-8 No. 333-76912 and No. 333-98483) pertaining to the Emergisoft Holding, Inc. 1998 Stock Incentive Plan, the Emergisoft Holding, Inc. 2001 Stock Incentive Plan and the Emergisoft Holding, Inc. 2001Non-Employee Director Stock Option Plan, of our report dated March 27, 2003 with respect to the consolidated financial statements of Emergisoft Holding, Inc. included in the Annual Report (Form 10-KSB) for the year ended December 31, 2002.

 

/s/ Ernst & Young, LLP

 

Dallas, Texas 

March 28, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-2640

KATHRYN M. WEHUNT,

Plaintiff - Appellant,

versus

TOYOTA MOTOR SALES, U.S.A., INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Alexander Harvey II, Senior District

Judge. (CA-96-7-H)

Submitted: February 13, 1997 Decided: February 25, 1997

Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kathryn M. Wehunt, Appellant Pro Se. Richard Jeffrey Magid, Mark

Christopher Kopec, WHITEFORD, TAYLOR & PRESTON, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's adverse order granting

summary judgment in her action filed pursuant to the Americans with

Disabilities Act, 42 U.S.C.A. §§ 12101-12117 (West 1995). We have

reviewed the record and the district court's opinion and find no

reversible error. Appellant failed to establish a prima facie case

of discrimination. See Ennis v. National Ass'n of Bus. & Educ.

Radio, 53 F.3d 55, 58 (4th Cir. 1995). Moreover, we find that the

district court's assessment against Appellant of the reasonable

cost of the preparation of the employer's successful summary judgment motion was not an abuse of the court's discretion. See Fed. R.

Civ. P. 54(d); 28 U.S.C. § 1920 (1994); Oak Hall Cap and Gown Co.

v. Old Dominion Freight Line, Inc., 899 F.2d 291, 296 (4th Cir.

1990). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

Court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25961]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4202-000]


KEI (Maine) Power Management (II) LLC; Notice of Authorization 
for Continued Project Operation

    The license for the Lowell Tannery Hydroelectric Project No. 4202 
was issued for a period ending September 30, 2023.
    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the 
Commission, at the expiration of a license term, to issue from year-to-
year an annual license to the then licensee(s) under the terms and 
conditions of the prior license until a new license is issued, or the 
project is otherwise disposed of as provided in section 15 or any other 
applicable section of the FPA. If the project's prior license waived 
the applicability of section 15 of the FPA, then, based on section 9(b) 
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth 
at 18 CFR 16.21(a), if the licensee of such project has filed an 
application for a subsequent license, the licensee may continue to 
operate the project in accordance with the terms and conditions of the 
license after the minor or minor part license expires, until the 
Commission acts on its application. If the licensee of such a project 
has not filed an application for a subsequent license, then it may be 
required, pursuant to 18 CFR 16.21(b), to continue project operations 
until the Commission issues someone else a license for the project or 
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 4202 is issued to 
KEI (Maine) Power Management (II) LLC for a period effective October 1, 
2023, through September 30, 2024, or until the issuance of a new 
license for the project or other disposition under the FPA, whichever 
comes first. If issuance of a new license (or other disposition) does 
not take place on or before September 30, 2024, notice is hereby given 
that, pursuant to 18 CFR 16.18(c), an annual license under section 
15(a)(1) of the FPA is renewed automatically without further order or 
notice by the Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is 
hereby given that KEI (Maine) Power Management (II) LLC is authorized 
to continue operation of the Lowell Tannery Hydroelectric Project under 
the terms and conditions of the prior license until the issuance of a 
subsequent license for the project or other disposition under the FPA, 
whichever comes first.

    Dated: November 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25961 Filed 11-22-23; 8:45 am]
BILLING CODE 6717-01-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-06-1999
<PERIOD-END>                               APR-25-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                 83714000
<ALLOWANCES>                                         0
<INVENTORY>                                  278187000
<CURRENT-ASSETS>                             398834000
<PP&E>                                       229060000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              1012011000
<CURRENT-LIABILITIES>                        237182000
<BONDS>                                      377838000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        826000
<OTHER-SE>                                   321576000
<TOTAL-LIABILITY-AND-EQUITY>                1012011000
<SALES>                                      327617000
<TOTAL-REVENUES>                             327617000
<CGS>                                        195852000
<TOTAL-COSTS>                                195852000
<OTHER-EXPENSES>                              77572000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             5259000
<INCOME-PRETAX>                               48934000
<INCOME-TAX>                                  18696000
<INCOME-CONTINUING>                           30238000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  30238000
<EPS-PRIMARY>                                      .37
<EPS-DILUTED>                                      .36
        

</TABLE>
# Fourth Court of Appeals

San Antonio, Texas

July 12, 2016

No. 04

- 15

- 00644

- CV

Bret RADCLIFFE , Robert Radcliffe, and Mamba Minerals, LLC

, Appellants

v.

TIDAL PETROLEUM, INC.,

Appellee

From the 218th Judicial District Court, La Salle County, Texas

Trial Court No. 13

- 07

- 00176

- CVL

Honorable Donna S. Rayes, Judge Presiding



### O R D E R

S itting : Karen Angelini, Justice

Marialyn Barnard, Justice

Luz Elena D. Chapa, Justice

On June 27 , 201 6

, appellee Tidal Petroleum, Inc. timely filed a motion for rehearing. See

T EX

. R. A PP

. P. 49.1. The c ourt requests that Appellants file a response. See id. R. 49.2.

If Appell ants choose to file a response

, Appellants must file the response, or a motion for

extension of time to file a response, within TEN DAYS of the date of this order.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 12th day of July, 2016

.

___________________________________ Keith E. Hottle

Clerk of Court
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 7014

JAMAR EDJUAN HICKMAN , Petitioner

- Appellant ,

v. UNKNOWN; COMMONWEALTH OF VIRGINIA , Respondents

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. John A. Gibney, Jr., District Judge. ( 3:19

- cv - 00256

- JAG

- RCY )

Submitted : October 15, 2019 Decided: October 18, 2019

Before GREGORY, Chief Judge, and THACKER and RUSHING , Circuit Judges.

Dismissed by un published per curiam opinion

.

Jamar Hickman , Appellant Pro Se

. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jamar Hickman seeks to appeal the district court’s orde r dismissing without prejudice his 28 U.S.C. § 2254 (2012) petition for failure to exhaust state court remedies

. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A cer tificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies rel ief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently r eviewed the record and conclude that Hickman has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and le gal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
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 Energy

###### Federal Energy Regulatory Commission

          - [Project No. 6550-005]

                    1. On October 10, 2023, 5J's LLC filed a notification of the transfer for the 30-kilowatt Biber Spellenberg Hydroelectric Project No. 6550 from JBS Rentals, LLC to 5J's LLC. The exemption from licensing was originally issued on February 14, 1983.[1]                                          The project is located on Bidden Creek, Trinity County, California. The transfer of an exemption does not require Commission approval.                

                    2. 5J's LLC is now the exemptee of the Biber Spellenberg Hydroelectric Project No. 6550. All correspondence must be forwarded to Cynthia Anderson, Owner, and Manager, 5J's LLC, P.O. Box 127, Willow Creek, CA 95573, Phone: 916-220-6712, email:                     *Dynaglide96@gmail.com.*

Dated: December 6, 2023.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                                                     *Frank M. Biber and Steven Spellenberg,*                         22 FERC ¶ 62,182 (1983). Subsequently, on August 15, 2017, the project was transferred to JBS Rentals, LLC.                    
        Back to Citation      

[FR Doc. 2023-27220 Filed 12-11-23; 8:45 am]

BILLING CODE 6717-01-P
**Exhibit 10.7**

 

FIRST AMENDMENT TO 

 

EMPLOYMENT AGREEMENT BETWEEN CORNERSTONE REALTY INCOME 

 

TRUST, INC. AND STANLEY J. OLANDER, JR. 

 

FIRST AMENDMENT, dated September 21, 2004, to the Employment Agreement between Cornerstone Realty Income Trust, Inc. (the “Company”) and StanleyJ. Olander, Jr. (the “Executive”). The Company and the Executive entered into an Employment Agreement as of October 1, 2001. Pursuant to Section 15 of the Employment Agreement, the Company and the Executive have the power to amend theEmployment Agreement and now wish to do so. 

 

NOW THEREFORE,effective September 21, 2004, except as otherwise provided, the Employment Agreement is hereby amended as follows: 

 

I. Section 14 of the Employment Agreement is deleted in its entirety and the remaining Section of the Employment Agreement is renumbered accordingly.

 

II. Wherever a provision of this Amendment causes a change inany internal cross-reference to any Section or subsection of the Employment Agreement, such cross-reference shall be updated accordingly. 

 

III. In all respects not amended, the Employment Agreement is hereby ratified and confirmed. 

IN WITNESS WHEREOF, the Company and the Employee have caused this Amendment to be executed as of thedates set forth below. 

 
CORNERSTONE REALTY INCOME TRUST, INC.
/s/ Glade M. Knight
GLADE M. KNIGHTTitle:    CEODate:    9/21/04
/s/ Stanley J. Olander, Jr.
STANLEY J. OLANDER, JR.Date:    9/21/04
 

-2-
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

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.

_______________________________________ __ Clerk November 21, 2011

d1114 

# Order

November 21, 2011

143544

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143544 COA: 297790 Kent CC: 09-010380-FC TAMMY LEE JEFFERSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 19, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
EXHIBIT 32.2



GENAERA CORPORATION



CERTIFICATION OF

CHIEF FINANCIAL OFFICER

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 Genaera Corporation (the Company) on Form 10-Q for the period ended September 30,
2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John A. Skolas, Senior Vice President and 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:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) 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/    John A. Skolas                            
|                                                 
|John A. Skolas                                   
|Senior Vice President and Chief Financial Officer



November 7, 2003