alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008116EN.01002702.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 116/27 |
| --- | --- | --- | --- |

9.5.2008

EN

Official Journal of the European Union

C 116/27

---

Action brought on 14 March 2008 — Spitzer v OHIM — Homeland Housewares (Magic Butler)

(Case T-123/08)

(2008/C 116/50)

Language in which the application was lodged: German

Parties

Applicant: Harald Spitzer (Hörsching, Austria) (represented by: T. Schmitz, Rechtsanwalt)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Homeland Housewares, LLC (Los Angeles, United States of America)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | Annul the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1508/2006-1); |
| --- | --- |

—

Annul the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1508/2006-1);

| — | reject the opposition entered by Homeland Housewares, LLC, against the word mark for which registration is sought, ‘Magic Butler’ No 4 109 906; |
| --- | --- |

—

reject the opposition entered by Homeland Housewares, LLC, against the word mark for which registration is sought, ‘Magic Butler’ No 4 109 906;

| — | order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Harald Spitzer.

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘Magic Butler’ for goods in Classes 7 and 21 (application No 4 109 906)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Homeland Housewares, LLC

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: The word mark ‘MAGIC BULLET’ for goods in Class 7 (Community trade mark 4 100 483) and the word mark ‘THE MAGIC BULLET’ for goods in Class 7 (Community trade mark 3 584 885)

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Opposition Division:

Decision of the Board of Appeal: Rejection of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EG) No 40/94 (1), because there is no likelihood of confusion between the marks in conflict.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
#### In the Matter of Ann M. Tyler et al., Appellants, v Gerald Edelstein et al., Respondents, and Thomas F. Barraca et al., Respondents.

— In a proceeding to invalidate a petition designating Thomas F. Barraga, Steven M. Shatz, Emily F. Leirer, Janet Selleck, and Andrew Q. Chappell, as candidates in the Conservative Party primary election to be held on September 12, 1991, for the nomination of that party as its candidates for the public offices of Supervisor, Member of the Council (respondents-respondents Shatz and Leirer), Clerk, and Receiver of Taxes of the Town of Islip, respectively, the appeal is from a judgment of the Supreme Court, Suffolk County (Baisley, J.), dated August 9, 1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

*900The cover sheet of the instant designating petition lists five Conservative Party candidates, all of whom seek public office within the same geographic area of the Town of Islip. Immediately preceding the list of candidates is a paragraph stating, *inter alia:*"I, the undersigned * * * do hereby designate the following named person (or persons) as a candidate (or candidates) for the nomination of such party for public office or for election to a party position of such party”. The cover sheet also includes a statement as to the total number of signatures and the total number of pages contained therein, as well as a statement that "all of the above pages and signatures apply to the designated candidate”. The information provided complies with the mandate of Election Law § 6-134 (2) inasmuch as it indicates that all the signatures within the petition are for each of the five candidates for their respective offices *(see, Matter of Potter v Dudek,*68 NY2d 154; *Matter of Meehan v Wolf,*133 AD2d 199; *Matter of Keane v New York State Bd. of Elections,*122 AD2d 966).

The petitioners’ claim that the cover sheet is also subject to invalidation because "the size of the print containing the names and addresses of the members of the committee to fill vacancies is so small as to be illegible and indecipherable” is meritless since the Election Law contains no requirement that the cover sheet include a list of the names and addresses of the members of the committee to fill vacancies *(see,*Election Law § 6-134). Mangano, P. J., Thompson, Sullivan and Lawrence, JJ., concur.
# C_2009193EN.01003301.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/33 |
| --- | --- | --- | --- |

15.8.2009

EN

Official Journal of the European Union

C 193/33

---

Order of the Court of First Instance of 26 June 2009 — Lemans v OHIM — Turner (ICON)

(Case T-218/08) (1)

1

2009/C 193/52

Language of the case: English

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 197, 2.8.2008.

1

---
# C_2015046EN.01003802.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/38 |
| --- | --- | --- | --- |

9.2.2015

EN

Official Journal of the European Union

C 46/38

---

Judgment of the General Court of 12 December 2014 — Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission

(Case T-550/08) (1)

1

((Competition - Agreements - Paraffin waxes market - Coordination and price increases - Price fixing - 2006 Guidelines for calculating the amount of fines - Rights of the defence - Proof of the infringement - Limitation))

(2015/C 046/45)

Language of the case: German

Parties

Parties

Applicant: Tudapetrol Mineralölerzeugnisse Nils Hansen KG (Hamburg, Germany) (represented by: U. Itzen, J. Ziebarth, lawyers, and S. Thomas, professor)

Applicant:

Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)

Defendant:

Re:

Re:

Principally, an application for annulment of Commission Decision C (2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes), in that it concerns the applicant, and, in the alternative, an application for reduction of the amount of the fine imposed on the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Tudapetrol Mineralölerzeugnisse Nils Hansen KG to bear its own costs and those incurred by the European Commission, including those incurred in the proceedings for interim measures. |
| --- | --- |

2.

Orders Tudapetrol Mineralölerzeugnisse Nils Hansen KG to bear its own costs and those incurred by the European Commission, including those incurred in the proceedings for interim measures.

---

(1)  OJ C 55, 7.3.2009.

1

---
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         January 5, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 27, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 162 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-150, CP2024-156.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-29011 Filed 1-4-24; 8:45 am]

BILLING CODE 7710-12-P
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RAYMOND GREEN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-2718

[June 4, 2020]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2019-CA008587-AXXX-MB.

Thomas J. Gruseck, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Lindsay A. Warner, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DAMOORGIAN, FORST and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**Judgment of the General Court (Seventh Chamber) of 29 April 2010 – Kerma v OHIM (BIOPIETRA)**

**(Case T-586/08)**

Community trade mark – Application for the Community word mark BIOPIETRA – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

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 21, 34)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning an application for registration of the word mark BIOPIETRA as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Kerma SpA |
| Community trade mark sought: | Word mark BIOPIETRA for goods in Class 19 – Application No 5658893 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders Kerma SpA to pay the costs. |
I 

115TH CONGRESS 

1ST SESSION H. R. 4716 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to inter in national cemeteries individuals who supported the 

United States in Laos during the Vietnam War era, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2017 

Mr. COSTA (for himself, Mr. COOK, Mr. RUIZ, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to inter in national cemeteries individuals who supported the United States in 

Laos during the Vietnam War era, and for other purposes. 

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 ‘‘Hmong Veterans’ 

5 Service Recognition Act’’. 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•HR 4716 IH

1 SEC. 2. ELIGIBILITY FOR INTERMENT IN NATIONAL CEME2 TERIES. 

3 (a) IN GENERAL.—Section 2402(a) of title 38, 

4 United States Code, is amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(10) Any individual— 

7 ‘‘(A) who— 

8 ‘‘(i) was naturalized pursuant to sec9 tion 2(1) of the Hmong Veterans’ Natu10 ralization Act of 2000 (Public Law 106– 

11 207; 8 U.S.C. 1423 note); and 

12 ‘‘(ii) at the time of the individual’s 

13 death resided in the United States; or 

14 ‘‘(B) who— 

15 ‘‘(i) the Secretary determines served 

16 honorably with a special guerrilla unit or 

17 irregular forces operating from a base in 

18 Laos in support of the Armed Forces of 

19 the United States at any time during the 

20 period beginning February 28, 1961, and 

21 ending May 7, 1975; and 

22 ‘‘(ii) at the time of the individual’s 

23 death— 

24 ‘‘(I) was a citizen of the United 

25 States or an alien lawfully admitted 


SSpencer on DSKBBXCHB2PROD with BILLS
3 

•HR 4716 IH

1 for permanent residence in the United 

2 States; and 

3 ‘‘(II) resided in the United 

4 States.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply with respect to an individual 

7 dying on or after the date of the enactment of this Act. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS
# C_2009055EN.01001701.xml

| 7.3.2009 | EN | Official Journal of the European Union | C 55/17 |
| --- | --- | --- | --- |

7.3.2009

EN

Official Journal of the European Union

C 55/17

---

Appeal brought on 24 December 2008 by Messer Group GmbH against the judgment of the Court of First Instance (First Chamber) delivered on 15 October 2008 in Case T-305/06 Air Products and Chemicals Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-579/08 P)

(2009/C 55/27)

Language of the case: English

Parties

Appellant: Messer Group GmbH (represented by: W. Graf v. Schwerin and J. Schmidt, Attorneys at law)

Appellant:

Other parties to the proceedings: Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other parties to the proceedings:

Form of order sought

The appellant claims that the Court should:

| — | Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06 and dismiss the action |
| --- | --- |

—

Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06 and dismiss the action

| — | Order the applicant to pay the costs, including those of the appellant and intervener, |
| --- | --- |

—

Order the applicant to pay the costs, including those of the appellant and intervener,

alternatively,

| — | Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06; |
| --- | --- |

—

Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06;

| — | Refer the case back to the Court of First Instance; |
| --- | --- |

—

Refer the case back to the Court of First Instance;

| — | Reserve the costs. |
| --- | --- |

—

Reserve the costs.

Pleas in law and main arguments

The applicant submits that the Court of First Instance failed to apply correctly the criteria laid down for the proper implementation of Article 8(1)(b) of Regulation (EC) No 40/94 (1).

1

Furthermore the applicant submits that the contested decision of the Court of First Instance is based on a substantive inaccuracy in its findings with respect to the determination of the relevant public.

---

(1)  Council Regulation (EC) No 40/94 of 20 December 2003 on the Community trade mark (OJ L 11, p. 1).

1

---
<PAGE>

                                                                    EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT


August 27, 2003

U.S. Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549


Ladies and Gentlemen:

The certification set forth below is being furnished to the Securities and
Exchange Commission solely for the purpose of complying with Section 1350 of
Chapter 63 of Title 18 of the United States Code. This certification is not to
be deemed to be filed pursuant to the Securities Exchange Act of 1934, does not
constitute a part of the Quarterly Report on Form 10-Q, as amended, (the
"Report") accompanying this letter and is not to be incorporated by reference
into any filing, whether made before or after the date hereof, regardless of
any general incorporation language in such filing.

I Richard J. Pershing, the Chief Executive Officer of Mirant Americas
Generation, LLC (the "Company"), certify that to the best of my knowledge:

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 operation of the Company.


/s/ Richard J. Pershing
-------------------------------------
Name: Richard J. Pershing,
President and Chief Executive Officer
(Principal Executive Officer)

A signed original 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.
CERTIFICATION OF
                             CHIEF EXECUTIVE 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 Temporary Financial Services, Inc.
(the "Company") on Form 10-QSB for the quarterly period ended June 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, John R. Coghlan, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations
            of the Company.

/s/ John R. Coghlan
-------------------
John R. Coghlan
Chief Executive Officer
August 11, 2004

<PAGE>

                                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 Temporary Financial Services, Inc.
(the "Company") on Form 10-QSB for the quarterly period ended June 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Brad E. Herr, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations
            of the Company.

/s/ Brad E. Herr
----------------
Brad E. Herr
Chief Financial Officer
August 11, 2004
#### Luther Jerald GOAD, Jr., Petitioner, v. DISTRICT COURT OF OKLAHOMA COUNTY, W. R. Wallace, Jr., Judge, Respondent.

No. A-13012.

Court of Criminal Appeals of Oklahoma.

March 15, 1961.

*529John F. Booth, Jr., Oklahoma City, for petitioner.

James H. Harrod, County Atty., John M. Amick, Asst. County Atty., Oklahoma County, Oklahoma City, for respondent.

BUSSEY, Judge.

On November 23, 1960, a preliminary information was filed in Justice of the Peace Court before the Honorable Paul Powers of the Oklahoma City District charging petitioner with the crime of Robbery with Firearms. On December 14, 1960, petitioner was arraigned before the Honorable A. P. Van Meter, Oklahoma County District Judge, at which time he entered a plea of not guilty. Petitioner had not, prior to arraignment, filed a motion to quash or set aside the information and did not reserve the right to withdraw his plea.

Petitioner’s contention is that under the provisions of 22 O.S.(1951) § 258, he should have been presented to a grand jury alleged to have then been in session, and that if a true bill were returned, petitioner should have been prosecuted by indictment rather than by information. He therefore prays that this court issue a writ of prohibition directed to the Honorable W. R. Wallace, Jr., Judge of the Oklahoma County District Court, commanding said judge to desist and refrain from further proceedings in the case.

This court has held on many occasions that the entire preliminary proceedings may be waived in the trial court, and are waived by failure to file a motion to quash or set aside the information in apt time. Ex parte Miller, 82 Okl.Cr. 315, 169 P.2d 574; Landon v. State, 82 Okl.Cr. 336, 166 P.2d 781; Sheller v. State, 58 Okl.Cr. 204, 52 P.2d 105; Herren v. State, 72 Okl.Cr. 254, 115 P.2d 258; Ex parte Owen, 82 Okl.Cr. 415, 171 P.2d 868; Ex parte Pruitt, 89 Okl.Cr. 312, 207 P.2d 337; Clark v. State, 91 Okl.Cr. 210, 218 P.2d 410. In view of the authority above cited, it is unnecessary to consider the other issues raised by the petitioner. We are of the opinion that the writ should be, and the same is, hereby denied.
Exhibit 10.8


 


 


SERVICES
ACQUISITION CORP. INTERNATIONAL


401
East Olas Boulevard, Suite 1140


Fort
Lauderdale, FL 33301


 


 


 


	
   

  	
  March
  29 , 2005

  
	
   

  	
   

  	
   

  



 


 


SB MGT Corp.


401 East Las Olas Boulevard, Suite 1140


Fort Lauderdale, FL 33301


 


Gentlemen:


 


This letter will confirm our
agreement that, commencing on the effective date (“Effective Date”) of the
registration statement for the initial public offering (“IPO”) of the
securities of Services Acquisition Corp. International (“SACI”) and continuing
until (the “Termination Date”) the earlier of the consummation by SACI of a “Business
Combination” or SACI’s liquidation (as described in SACI’s IPO prospectus), SB
Management Corp. shall make available to SACI certain office and secretarial
services as may be required by SACI from time to time, situated at 401 East Las
Olas Boulevard, Suite 1140, Fort Lauderdale, FL 33301.  In exchange therefore, SACI shall pay SB
Management Corp. the sum of $4,875 per month on the Effective Date and continuing
monthly thereafter until the Termination Date.


 


 


	
   

  	
   

  	
  Very truly yours,

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  SERVICES ACQUISITION CORP.
  INTERNATIONAL

  



 


 


 


	
   

  	
  By:

  	
  /s/ Thomas E. Aucamp

  
	
   

  	
  Name: Thomas E. Aucamp

  
	
   

  	
  Title:   Vice President

  



 


 


	
  AGREED TO AND ACCEPTED BY:

  	
   

  
	
   

  	
   

  
	
  SB MANAGEMENT CORP.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By: 

  	
  /s/ Thomas Byrne

  	
   

  
	
   

  	
  Name:  Thomas Byrne

  	
   

  
	
   

  	
  Title:  President