alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010209EN.01003702.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/37 |
| --- | --- | --- | --- |

31.7.2010

EN

Official Journal of the European Union

C 209/37

---

Judgment of the General Court of 22 June 2010 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS)

(Case T-563/08) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark CARBON CAPITAL MARKETS - Earlier Community and national figurative marks CM Capital Markets - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 209/56

Language of the case: English

Parties

Parties

Applicant: CM Capital Markets Holding, SA (Madrid, Spain) (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J.F. Crespo Carrillo, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Carbon Capital Markets Ltd (Oxford, United Kingdom) (represented by: E. Hardcastle, Solicitor)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 September 2008 (Case R 15/2008-1) concerning opposition proceedings between CM Capital Markets Holding, SA and Carbon Capital Markets Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders CM Capital Markets Holding, SA to pay the costs. |
| --- | --- |

2.

Orders CM Capital Markets Holding, SA to pay the costs.

---

(1)  OJ C 44, 21.2.2009.

1

---
EXHIBIT 31.2
 
 **CERTIFICATIONS**
  I, John P. Iparraguirre, certify that:
  1. I have reviewed this Transition Report on Form 10-QSB of Hana Biosciences, Inc. (the Registrant);
  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
  3.  Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;
  4.  The Registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) for the small business issuer and have:
  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
  (b) Evaluated the effectiveness of the Registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
  (c) Disclosed in this report any change in the Registrant's internal control over financial reporting that occurred during the Registrant's most recent fiscal quarter (the Registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and
  5.  The Registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrants auditors and the audit committee of the Registrants board of directors (or persons performing the equivalent functions):
  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; and
  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal control over financial reporting.
  Date: October 22, 2004

/s/ John P. IparraguirreJohn P. IparraguirreChief Financial Officer
# C_2009141EN.01004103.xml

| 20.6.2009 | EN | Official Journal of the European Union | C 141/41 |
| --- | --- | --- | --- |

20.6.2009

EN

Official Journal of the European Union

C 141/41

---

Order of the Court of First Instance of 22 April 2009 — Bundesverband Deutscher Milchviehhalter and Others v Council

(Case T-217/08) (1)

1

(Action for annulment - Regulation (EC) No 248/2008 - Milk quota scheme - Increase in national milk quotas - Applicants not individually concerned - Inadmissible)

2009/C 141/86

Language of the case: German

Parties

Parties

Applicants: Bundesverband Deutscher Milchviehhalter eV (Bonn, Germany); Romuald Schaber (Petersthal, Germany); Stefan Mann (Eberdorfergrund, Germany); and Walter Peters (Körchow, Germany) (represented by: W. Renner and O. Schniewind, lawyers)

Applicants:

Defendant: Council of the European Union (represented by: M. Moore and Z. Kupčová, acting as Agents)

Defendant:

Intervener in support of the applicants: Commission of the European Communities (represented by: H. Tserepa-Lacombe and M. Vollkommer, acting as Agents)

Re:

Re:

Application for annulment of Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | The Bundesverband Deutscher Milchviehhalter eV, Romuald Schaber, Stefan Mann and Walter Peters are ordered to bear their own costs and to pay those incurred by the Council. |
| --- | --- |

2.

The Bundesverband Deutscher Milchviehhalter eV, Romuald Schaber, Stefan Mann and Walter Peters are ordered to bear their own costs and to pay those incurred by the Council.

| 3. | The Commission is ordered to bear its own costs. |
| --- | --- |

3.

The Commission is ordered to bear its own costs.

---

(1)  OJ C 209 of 15.8.2008.

1

---
# C_2011186EN.01001901.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/19 |
| --- | --- | --- | --- |

25.6.2011

EN

Official Journal of the European Union

C 186/19

---

Judgment of the General Court of 12 May 2011 — Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission

(Joined Cases T-267/08 and T-279/08) (1)

1

(State aid - Construction of railway equipment - Repayable advances - Decision declaring the aid incompatible with the common market and ordering its recovery - Alteration of heads of claim - Rights of defence - Obligation to state reasons - State resources - Whether State held responsible - Criterion of private investor - Undertaking in difficulties)

2011/C 186/34

Language of the case: French

Parties

Parties

Applicants: Région Nord-Pas-de-Calais (represented by M. Cliquennois and F. Cavedon, lawyers) (Case T-267/08) and Communauté d’agglomération du Douasis (represented by M.Y. Benjamin and D. Rombi, lawyers) (Case T-279/08)

Applicants:

Defendant: European Commission (represented by: C. Giolito and B. Stromsky, Agents)

Defendant:

Re:

Re:

Originally, application for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA, and then application for annulment of Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 implemented by France in favour of Arbel Fauvet Rail.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA; |
| --- | --- |

1.

Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA;

| 2. | Dismisses the actions; |
| --- | --- |

2.

Dismisses the actions;

| 3. | Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d’agglomération du Douasis after they were sent Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C(2008) 1089 final. |
| --- | --- |

3.

Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d’agglomération du Douasis after they were sent Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C(2008) 1089 final.

---

(1)  OJ C 247, of 27.9.2008.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          44,500
<SECURITIES>                                         0
<RECEIVABLES>                                   27,900
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,000
<PP&E>                                       1,504,300
<DEPRECIATION>                                 204,300
<TOTAL-ASSETS>                               1,420,500
<CURRENT-LIABILITIES>                           66,200
<BONDS>                                        859,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     492,200
<TOTAL-LIABILITY-AND-EQUITY>                 1,420,500
<SALES>                                              0
<TOTAL-REVENUES>                                74,000
<CGS>                                                0
<TOTAL-COSTS>                                   40,800
<OTHER-EXPENSES>                                   300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,700
<INCOME-PRETAX>                                 21,700
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             21,700
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,700
<EPS-PRIMARY>                                     0.75
<EPS-DILUTED>                                     0.75
        

</TABLE>
**Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Taylor v OHIM (Representation of a right pocket)**

**(Case T-283/07)**

Community trade mark – Application for Community figurative mark representing a right pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20-24)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket. |

**Operative part**

| | | |
| --- | --- | --- |
| 1. | | The action is dismissed as manifestly devoid of any legal basis. |

| | | |
| --- | --- | --- |
| 2. | | Tom Tailor GmbH is ordered to pay the costs. |
<PAGE>


EXHIBIT 32.2

                  CERTIFICATION OF PRINCIPAL FINANICAL 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 Voyager Petroleum, Inc. (the
"Company") on Form 10-Q/A for the period ended March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Cathy
A. Persin, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. section 1350 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 results of operations
            of the Company.



Date: October 6, 2008                         By:/s/ Cathy A. Persin
                                                 -------------------------------
                                                 Cathy A. Persin
                                                 Principal Financial Officer
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[Extensions of Remarks]
[Page E1355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       CELEBRATING THE 170TH ANNIVERSARY OF OLD ST. MARY'S CHURCH

                                 ______
                                 

                           HON. JEAN SCHMIDT

                                of ohio

                    in the house of representatives

                         Tuesday, July 31, 2012

  Mrs. SCHMIDT. Mr. Speaker, I rise today to honor the oldest standing 
church in Cincinnati, which is appropriately named Old St. Mary's.
  The church, which is listed on the National Register of Historic 
Places, was dedicated to God 170 years ago this month, on July 3, 1842.
  It was originally called St. Marien Kirche. Many of the parishioners 
were German immigrants who lived northwest of the Miami & Erie Canal, 
in a neighborhood called Over-the-Rhine.
  Parishioners who were master craftsmen built the church at the 
intersection of 13th and Clay streets. The cornerstone was laid on 
March 25, 1841--the Feast of the Annunciation of the Blessed Virgin 
Mary.
  The clock tower of Old St. Mary's rises 170 feet, and it is the 
oldest in Cincinnati. The interior features hand-carved wooden statues, 
marvelous stained glass, and magnificent oil paintings, making the 
church one of the most beautiful in the city.
  My parents, Jeannette and Gus Hoffman, often attended worship 
services at Old St. Mary's. Peter Schmidt and I were married there, and 
our daughter, Emilie, was baptized there.
  Today, Over-the-Rhine is a thriving multicultural neighborhood, and 
Old St. Mary's has embraced this diversity. On March 25, 1988, 
parishioners established the Mary Magdalen House to help the poor and 
homeless. This nonprofit provides a place for needy people to shower, 
shave, and have their clothes laundered.
  In 2001, to help disadvantaged youths become community leaders, the 
pastor of Old St. Mary's opened the St. Peter Claver Latin School for 
Boys. The late Father Albert Lauer envisioned the school as the 
cornerstone for renewal of the neighborhood. St. Peter Claver was 
officially recognized this month as the 114th Catholic school of the 
Archdiocese of Cincinnati.
  Mr. Speaker, Cincinnatians appreciate their city's history and their 
own heritage. Many Catholics of German ancestry who live in distant 
neighborhoods travel to Over-the-Rhine to worship at Old St. Mary's. 
Sunday Mass is still offered in German--as well as in Latin and 
English.
  Today, I want to celebrate the 170th anniversary of Old St. Mary's. I 
applaud the Cincinnatians who have ensured that this landmark remains 
relevant to Over-the-Rhine. It is my hope that the church will continue 
to uplift the city's residents--in body and soul.

                          ____________________
```
```

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Page 54647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21862]

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

DEPARTMENT OF STATE

[Public Notice 8010]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Sicily: Art and Invention Between Greece and Rome''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Sicily: Art and Invention Between Greece 
and Rome,'' imported from abroad for temporary exhibition within the 
United States, are of cultural significance. The objects are imported 
pursuant to loan agreements with the foreign owners or custodians. I 
also determine that the exhibition or display of the exhibit objects at 
The J. Paul Getty Museum in Los Angeles, California from on or about 
April 3, 2013, until on or about August 19, 2013; and then at the 
Cleveland Museum of Art in Cleveland, Ohio from September 29, 2013 to 
January 5, 2014; and at possible additional exhibitions or venues yet 
to be determined, is in the national interest. I have ordered that 
Public Notice of these Determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Ona M. Hahs, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: August 27, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2012-21862 Filed 9-4-12; 8:45 am]
BILLING CODE 4710-05-P
```
ex10a.htm
















Exhibit (10)(a)

















Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm












We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in Post-Effective Amendment No. 30 to the 1933 Act Registration Statement (Form N-4 No. 333-141758) and Amendment No. 305 to the 1940 Act Registration Statement (Form N-4 No. 811-08441), and to the use therein of our reports dated (a) March 31, 2016, with respect to the financial statements of Lincoln Life & Annuity Company of New York and (b) April 12, 2016, with respect to the financial statements of Lincoln Life & Annuity Variable Annuity Account H for the interests in a separate account under individual flexible payment deferred variable annuity contracts.








 


/s/ Ernst & Young LLP


 


Philadelphia, Pennsylvania


December 27, 2016
Dismissed and Memorandum Opinion filed June 16, 2015.

In The

Fourteenth Court of Appeals

NO. 14-15-00126-CR

NO. 14-15-00127-CR

NO. 14-15-00128-CR

NO. 14-15-00129-CR

JOSEPH HOENINGHAUS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause Nos. 1405266, 1405276, 1428986 and 1428987

MEMORANDUM OPINION

Appellant entered a guilty plea to (1) burglary of a habitation with the intent 

to commit theft; (2) possession of methamphetamine; (3) burglary of a habitation 

with the intent to commit theft; and (4) unauthorized use of a vehicle. In each 

case, in accordance with the terms of a plea bargain agreement with the State, the 
2

trial court sentenced appellant on May 22, 2014, to confinement for nine years in 

the Institutional Division of the Texas Department of Criminal Justice. The 

sentences were ordered to run concurrently. Appellant filed a pro se notice of 

appeal in each case. We dismissed the appeals. See Hoeninghaus v. State, 14-14-

00543-CR, 2014 WL 3843837 (Tex. App.—Houston [14th Dist.] Aug. 5, 2014, no 

pet.) (mem. op.) (not designated for publication).

On February 2, 2015, appellant filed another notice of appeal in each of the 

same trial court cause numbers. The exclusive post-conviction remedy in final 

felony convictions in Texas courts is through a writ of habeas corpus pursuant to 

Tex. Code Crim. P. art. 11.07. Ater v. Eighth Court of Appeals, 802 S.W.2d 214 

(Tex. Crim. App. 1991). A post-conviction writ must be filed with the Court of 

Criminal Appeals, not this court.

According, these appeals are dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Boyce, McCally and Donovan.

Do Not Publish – Tex. R. App. P. 47.2(b).
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. CAPUANO:
       H.R. 6302.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The Congress enacts this bill pursuant to Article I, 
     Section 8, Clause 1; and Article I, Section 8, Clause 3 of 
     the United States Constitution.
```