alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018311EN.01000201.xml

| 3.9.2018 | EN | Official Journal of the European Union | C 311/2 |
| --- | --- | --- | --- |

3.9.2018

EN

Official Journal of the European Union

C 311/2

---

Appeal brought on 28 February 2018 by Wenger SA against the judgment of the General Court (First Chamber) delivered on 23 January 2018 in Case T-869/16: Wenger v EUIPO

(Case C-162/18 P)

(2018/C 311/02)

Language of the case: English

Parties

Appellant: Wenger SA (represented by: A. Sulovsky, Rechtsanwältin)

Other parties to the proceedings: European Union Intellectual Property Office, Swissgear Sàrl

By order of 5 July 2018 the Court of Justice (Seventh Chamber) held that there is no need to adjudicate on the present appeal.

---
#### L, S & L BETHANY, INC. *v.*MALCOLM W. BALDWIN

(AC 19355)

Landau, Hennessy and Zarella, Js.

Argued April 26

officially released August 8, 2000

*271*Max F. Brunswick,*for the appellant (plaintiff).

*Richard M. Shapiro,*for the appellee (defendant).

*Opinion*

PER CURIAM.

In this action for breach of contract for the alleged overpayment of a mortgage note, the plaintiff, L, S & L Bethany, Inc., appeals from a summary judgment rendered in favor of the defendant, Malcolm W. Baldwin. The plaintiff claims that the defendant accepted a check for the payment of the mortgage with a notation written on it reserving the plaintiffs right to bring an action disputing the amount of the debt. The trial court granted summary judgment on the theory of res judicata. A previous action between these parties resolved the issue of the amount the plaintiff owed on the mortgage note. The plaintiff claims, however, that it is not precluded from challenging the debt because of the notation written on the check.

“It is the responsibility of the appellant to provide an adequate record for review. . . .” Practice Book § 61-10. In this case, the record is inadequate for review because we have not been provided with either a written memorandum of decision or a transcribed copy of an oral decision signed by the trial court. See Practice Book § 64-1. Moreover, the record does not contain the check on which the plaintiff bases its case, nor does the record contain any affidavit from the plaintiff regarding the facts in dispute. Accordingly, we conclude that the plaintiffs claim is not reviewable. See *Dime Savings Bank of New York, FSB*v. *Saucier,*48 Conn. App. 709, 710, 709 A.2d 610 (1998); *Chase Manhattan Bank/City Trust*v. *AECO Elevator Co.,*48 Conn. App. 605, 607-609, 710 A.2d 190 (1998).

The judgment is affirmed.
COURT OF APPEALS OF VIRGINIA 

Present: Judge McClanahan, Senior Judges Coleman and Annunziata 

CVS VIRGINIA DISTRIBUTION, INC. AND 

 CVS CORP./GAB ROBINS NORTH AMERICA, INC. 

 MEMORANDUM OPINION*

 

v. Record No. 2417-05-2 PER CURIAM 

 MARCH 21, 2006 

JOYCE B. OWENS 

 FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION 

 (Michael P. Del Bueno; Whitt & Associates, on briefs), for 

appellants. 

 (B. Mayes Marks, Jr.; Marks and Associates, P.C., on brief), for 

appellee. 

 CVS Virginia Distribution, Inc. and its insurer appeal a decision of the Workers’ 

Compensation Commission finding that Joyce B. Owens (claimant) proved that her disability 

and medical treatment were causally related to her compensable August 27, 2001 injury by 

accident and that she was totally disabled during the periods from March 20, 2002 through 

August 12, 2002; June 9, 2003 through June 30, 2003, and September 16, 2003 and continuing.1

 

We have reviewed the record and the commission’s opinion and find that this appeal is without 

merit. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See

Owens v. CVS VA Distribution, Inc., VWC File No. 207-00-29 (Sept. 1, 2005). We dispense 

with oral argument and summarily affirm because the facts and legal contentions are adequately 

 *

 Pursuant to Code § 17.1-413, this opinion is not designated for publication. 

1

 We note that while employer presented seventeen questions in its brief, all of those 

questions relate to the overriding issues of causation and disability as determined by the 

commission. 
- 2 -

presented in the materials before the Court and argument would not aid the decisional process. 

See Code § 17.1-403; Rule 5A:27. 

 We deny claimant’s request for attorneys’ fees and costs pursuant to Code § 65.2-713.2

Affirmed.

 2

 Claimant also cited Code § 65.2-524 in support of her request for attorneys’ fees and 

costs. However, that code section is not applicable to a request for attorneys’ fees and costs as it 

pertains to the assessment of a penalty against an employer for failure to timely pay 

compensation.
#### State v. MacDonald

19652

1/30/98

Affirmed and Reversed in part
# C_2018190EN.01000802.xml

| 4.6.2018 | EN | Official Journal of the European Union | C 190/8 |
| --- | --- | --- | --- |

4.6.2018

EN

Official Journal of the European Union

C 190/8

---

Reference for a preliminary ruling from the Court of Appeal (United Kingdom) made on 5 March 2018 — AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree v Heritage Audio SL, Pedro Rodríguez Arribas

(Case C-172/18)

(2018/C 190/11)

Language of the case: English

Referring court

Referring court

Court of Appeal

Parties to the main proceedings

Parties to the main proceedings

Applicants: AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree

Applicants:

Defendants: Heritage Audio SL, Pedro Rodríguez Arribas

Defendants:

Questions referred

Questions referred

In circumstances where an undertaking is established and domiciled in Member State A and has taken steps in that territory to advertise and offer for sale goods under a sign identical to an EU trade mark on a website targeted at traders and consumers in Member State B:

| i) | does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale of the goods in that territory? |
| --- | --- |

i)

does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale of the goods in that territory?

| ii) | if not, which other criteria are to be taken into account by that EU trade mark court in determining whether it has jurisdiction to hear that claim? |
| --- | --- |

ii)

if not, which other criteria are to be taken into account by that EU trade mark court in determining whether it has jurisdiction to hear that claim?

| iii) | in so far as the answer to (ii) requires that EU trade mark court to identify whether the undertaking has taken active steps in Member State B, which criteria are to be taken into account in determining whether the undertaking has taken such active steps? |
| --- | --- |

iii)

in so far as the answer to (ii) requires that EU trade mark court to identify whether the undertaking has taken active steps in Member State B, which criteria are to be taken into account in determining whether the undertaking has taken such active steps?

---
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch,

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.

August 3, 2021

b0726 

# Order

Clerk August 3, 2021

162571

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 162571

COA: 354656

Ionia CC: 2017

- 017272

- FH

ADE BROWN

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 20 , 2020 order

of the Court of Appeals is considered, and it is DENIED, because the defendant has failed

to meet the burden of establishing entitlement to relief under MCR 6.508(D).
**Exhibit 24.1**

**HOME SOLUTIONS OF AMERICA, INC.**

**Powers of Attorney**

The undersigned directors of HomeSolutions of America, Inc., a Delaware corporation, do hereby make, constituteand appoint Frank J. Fradella and Rick J. O'Brien, and either of them, the undersigned'strue and lawful attorneys-in-fact, with power of substitution, for theundersigned and in the undersigned's name, place and stead, to sign and affixthe undersigned's name as such director of said Corporation to an Annual Reporton Form 10-KSB or other applicable form, and all amendments thereto, to befiled by said Corporation with the Securities and Exchange Commission,Washington, D.C., under the Securities Act of 1934, as amended, with allexhibits thereto and other supporting documents, with said Commission, grantingunto said attorneys-in-fact, and either of them, full power and authority to doand perform any and all acts necessary or incidental to the performance andexecution of the powers herein expressly granted.

INWITNESS WHEREOF, each of the undersigned has hereunto set their hands as of March 22, 2005. 

/s/ Michael S. Chadwick             -------------------------------------  Michael S. Chadwick                  

/s/ Mark W. White             -------------------------------------  Mark W. White                   

/s/ Willard W. Kimbrell             -------------------------------------  Willard W. Kimbrell
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Financial Condition at January 31, 1998 (Unaudited) and the
Statement of Income for the six months ended January 31, 1998 (Unaudited) and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0000880121
<NAME>                        Market America, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-START>                                 OCT-01-1997
<PERIOD-END>                                   JAN-31-1998
<EXCHANGE-RATE>                                1.000
<CASH>                                         25,631,631
<SECURITIES>                                   0
<RECEIVABLES>                                  179,458
<ALLOWANCES>                                   0
<INVENTORY>                                    1,570,352
<CURRENT-ASSETS>                               27,441,554
<PP&E>                                         1,202,504
<DEPRECIATION>                                 411,418
<TOTAL-ASSETS>                                 28,312,819
<CURRENT-LIABILITIES>                          6,293,523
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       199
<OTHER-SE>                                     21,827,355
<TOTAL-LIABILITY-AND-EQUITY>                   28,312,819
<SALES>                                        20,619,453
<TOTAL-REVENUES>                               20,619,453
<CGS>                                          12,801,916
<TOTAL-COSTS>                                  12,801,916
<OTHER-EXPENSES>                               5,258,825
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                2,877,748
<INCOME-TAX>                                   1,468,364
<INCOME-CONTINUING>                            1,409,384
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,409,384
<EPS-PRIMARY>                                  0.07
<EPS-DILUTED>                                  0.07
        




</TABLE>
I 

114TH CONGRESS 

1ST SESSION H. R. 995 

To amend title 36, United States Code, to encourage the nationwide 

observance of two minutes of silence each Veterans Day. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2015 

Mr. LYNCH (for himself, Mr. BOUSTANY, Ms. CLARKE of New York, Mr. 

DEUTCH, Mr. FRANKS of Arizona, Mr. JONES, Mr. KEATING, Mr. 

MCGOVERN, Mr. MEEKS, Mr. NEAL, and Mr. POCAN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 36, United States Code, to encourage the 

nationwide observance of two minutes of silence each 

Veterans Day. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Day Moment 

5 of Silence Act’’. 

6 SEC. 2. OBSERVANCE OF VETERANS DAY. 

7 (a) TWO MINUTES OF SILENCE.—Chapter 1 of title 

8 36, United States Code, is amended by adding at the end 

9 the following new section: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 995 IH

1 ‘‘§ 145. Veterans Day 

2 ‘‘The President shall issue each year a proclamation 

3 calling on the people of the United States to observe two 

4 minutes of silence on Veterans Day in honor of the service 

5 and sacrifice of veterans throughout the history of the Na6 tion, beginning at— 

7 ‘‘(1) 3:11 p.m. Atlantic standard time; 

8 ‘‘(2) 2:11 p.m. eastern standard time; 

9 ‘‘(3) 1:11 p.m. central standard time; 

10 ‘‘(4) 12:11 p.m. mountain standard time; 

11 ‘‘(5) 11:11 a.m. Pacific standard time; 

12 ‘‘(6) 10:11 a.m. Alaska standard time; and 

13 ‘‘(7) 9:11 a.m. Hawaii-Aleutian standard 

14 time.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 1 of title 36, United States Code, is amended 

17 by adding at the end the following new item: 

‘‘145. Veterans Day.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Ballantyne
Strong Announces Appointment of Colonel Jack H. Jacobs to the Board of Directors


 


OMAHA,
Nebraska (July 12, 2018) – Ballantyne Strong, Inc. (NYSE American: BTN), a holding company with diverse business
activities focused on serving the cinema, retail, financial, advertising and government markets, today announced the appointment
of Colonel (Ret) Jack H. Jacobs to the Board of Directors to replace the vacancy created by the resignation of James C. Shay,
who has served on the Board of Directors since May 2012.


 


Colonel
Jacobs is the Melcher Family Chair and Professor of Humanities and Public Affairs at the United States Military Academy at West
Point and is a principal of The Fitzroy Group, Ltd., a firm that specializes in the development of residential real estate in
London. Colonel Jacobs is also an on-air analyst for NBC News, where he was an Emmy nominee in 2010 and 2011 and a recipient of
the 2011 Murrow Award. He is the Vice Chairman of the Medal of Honor Foundation. Colonel Jacobs is among the most highly decorated
soldiers from the Vietnam era, having earned three Bronze Stars, two Silver Stars and the Medal of Honor, the nation’s highest
combat decoration. After retiring from active duty in 1987, Colonel Jacobs was the co-founder and Chief Operating Officer of AutoFinance
Group Inc., a firm that was subsequently sold to Key Bank. He was a Managing Director of Bankers Trust where he was responsible
for the firm’s foreign exchange options business globally. Colonel Jacobs has been a member of the board of directors of
numerous publicly traded companies and is currently a director of Paragon Technologies, Inc., Datatrak International, Inc., and
Resonant, Inc. Colonel Jacobs received a B.A. and a Master’s degree from Rutgers University.


 


Kyle
Cerminara, Chairman and CEO of Ballantyne Strong, Inc. commented, “We would like to welcome Colonel Jacobs to the Ballantyne
Strong Board of Directors. We are very excited to benefit from his many years of leadership experience both in business and in
the military. We would like to thank Jim Shay for his service to Ballantyne Strong and we wish him well in his future endeavors.”


 


About
Ballantyne Strong, Inc. (www.ballantynestrong.com)


 


Ballantyne
Strong and its subsidiaries engage in diverse business activities including the design, integration and installation of technology
solutions for a broad range of applications; development and delivery of out-of-home messaging, advertising and communications;
manufacturing of projection screens; and providing managed services including monitoring of networked equipment. The Company focuses
on serving the cinema, retail, financial, advertising and government markets.


 





CONTACT:


Lance
Schulz


Chief
Financial Officer


402/829-9427
<PAGE>   1

                                                                      Exhibit 15

                   REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS

To Education Management Corporation and Subsidiaries:

We have reviewed the accompanying consolidated balance sheet of Education
Management Corporation (a Pennsylvania corporation) and Subsidiaries as of
September 30, 1997, and the related consolidated statements of income and cash
flows for the three-month period then ended. These financial statements are the
responsibility of the Company's management.

We conducted our review in accordance with standards established by the
American Institute of Certified Public Accountants. A review of interim
financial information consists principally of applying analytical procedures to
financial data and making inquiries of persons responsible for financial and
accounting matters. It is substantially less in scope than an audit conducted
in accordance with generally accepted auditing standards, the objective of
which is the expression of an opinion regarding the financial statements taken
as a whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the financial statements referred to above for them to be in
conformity with generally accepted accounting principles.

                                                  /s/ ARTHUR ANDERSEN LLP

Pittsburgh, Pennsylvania,
October 14, 1997
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 13

- 00218

- CR

Derek Wryan Wilson

v.

The State of Texas §

§

§

§

§

§ From the 372nd District Court

o f Ta rrant County (1290837D )

August 14, 2014

Opinion by Justice Walker

Concurrence by Justice Meier

(p)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no er ror in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By

_ /s/ Sue Walker

___________________ Justice Sue Walker
How To Pay the Treatment Monitoring User Fee 

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) monitors fumigation and 

cold treatments for imported commodities. We charge a treatment monitoring user fee. The fee is $237 per enclosure. 

We charge a separate reimbursable overtime fee for monitoring treatments conducted outside of normal business hours. 

3 

Request an Account 

Download the “New Account Packet” from the APHIS website. Call APHIS’ Financial 

Management Division at (612) 336-3400 if you have questions. New account packet link: 

www.aphis.usda.gov/mrpbs/userfees/new-account-packet-treatment.pdf 

1 

2 

4 

Pay the Fees 

At the end of each quarter, submit your payment from the treatment monitoring user fees you 

collected and send us your “Quarterly Remittance” form. You’ll use this form to report the 

number of treatments monitored and the number and types of fees collected. Fees are due 

within 31 days of each quarter closing. Treatment providers must report quarterly even 

if they don’t have any collections. 

You are obligated to send only those fees that you collect from customers. In your 

quarterly form, note any fees charged but not collected due to a customer’s failure 

to pay. Treatment providers are not responsible for unpaid customer fees. 

Collect the Fees 

Track the number of treatment enclosures APHIS monitored and collect the fees from your 

customers. Hold these fees in a designated trust account. APHIS will not send you a bill for 

treatment monitoring services, but we will send you a quarterly list of services provided to 

your organization. 

We will send you a bill for reimbursable overtime for any services conducted 

outside of normal business hours. That bill is due within 31 days of receipt. 

Complete the New Account Paperwork 

Complete the worksheet and email it to abshelpline@usda.gov. We’ll set up your account 

and send your account number, along with instructions for submitting quarterly payments. 

You must set up one account for paying treatment monitoring user fees and a 

separate account for paying reimbursable overtime fees. 

PPQ-21-001 

Revised January 2023 The U.S. Department of Agriculture is an equal opportunity provider, employer, and lender.
19805

#### Tagupa v. State Dept. of Education

Affirmed
1

Daniels, Nia (FAA)

From: Daniels, Nia (FAA)

Sent: Wednesday, May 20, 2015 11:23 AM

To: 'sps.jdh@gmail.com'

Cc: '333exemptions@faa.gov'

Subject: Petition for Exemption: SwingPointMedica, Inc. (FAA-2015-0742)

Dear Mr. Harrison and Ms. Anderson: 

This letter is to inform you that the following information is missing from your petition (Docket No. FAA2015-0742). This information is necessary for the Federal Aviation Administration (FAA) to process your 

petition. 

 Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by 

Order 8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and 

remove closed-set filming from your proposed operation please inform of us of your intention by the 

requested response date listed below. 

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov and submit 

any proprietary information to the FAA Headquarters or electronically via e-mail to 

333exemptions@faa.gov. If you want us to process your request any further, we must receive the information 

described above by June 3, 2015. If we do not receive the information, we will close the docket without 

notifying you further. 

If you have any questions, please feel free to contact me at (202) 267-9677. 

Sincerely, 

Nia Daniels 

Program Analyst 

Nia Daniels, ARM‐108

Federal Aviation Administration

Office of Rulemaking, Airmen & Airspace Rules Division

800 Independence Avenue, SW

Washington, DC 20591

PH: (202) 267 ‐ 7626

Fax: (202) 267 ‐ 5075

nia.daniels@faa.gov
18586

#### Corpuz v. HTH Corp.

February 26, 1997

Order No. 97-21

Affirmed
#### State v. Tanielu.

17286

8/28/96

Affirmed in part and Reversed in part