alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012080EN.01001601.xml

| 17.3.2012 | EN | Official Journal of the European Union | C 80/16 |
| --- | --- | --- | --- |

17.3.2012

EN

Official Journal of the European Union

C 80/16

---

Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals v Commission

(Case T-83/08) (1)

1

(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Proof of participation in the cartel - Proof of having distanced oneself from the cartel - Duration of the infringement - Rights of the defence - Access to the file - Guidelines on the method of setting - Non-retroactivity - Legitimate expectation - Principle of proportionality - Mitigating circumstances)

2012/C 80/23

Language of the case: English

Parties

Parties

Applicants: Denki Kagaku Kogyo Kabushiki Kaisha (Tokyo, Japan); and Denka Chemicals GmbH (Düsseldorf, Germany) (represented: initially by G. van Gerven, T. Franchoo and D. Fessenko, and subsequently by T. Franchoo, B. Bär-Bouyssière and A. de Beaugrenier, lawyers)

Applicants:

Defendant: European Commission (represented by: S. Noë and V. Bottka, Agents)

Defendant:

Re:

Re:

APPLICATION for, principally, annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), in that it concerns the applicants and, in the alternative, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs. |
| --- | --- |

2.

Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.

---

(1)  OJ C 107, 26.4.2008.

1

---
# C_2008171EN.01004001.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/40 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/40

---

Action brought on 28 April 2008 — Paroc v OHIM — (INSULATE FOR LIFE)

(Case T-157/08)

(2008/C 171/76)

Language in which the application was lodged: English

Parties

Applicant: Paroc Oy/AB (Vantaa, Finland) (represented by: J. Palm, lawyer)

Applicant:

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

Defendant:

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2008 in case R 0054/2008-2; and |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2008 in case R 0054/2008-2; and

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘INSULATE FOR LIFE’ for goods and services in classes 6, 17, 19 and 37 — application No 593 2827

Community trade mark concerned:

Decision of the examiner: Refusal of the application for all goods and services

Decision of the examiner:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the mark acquired the minimum degree of distinctiveness required to be registered.

Pleas in law:

---
# C_2010221EN.01004302.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/43 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/43

---

Order of the General Court of 9 June 2010 — BASF Plant Science and Others v European Commission

(Case T-293/08) (1)

1

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure to adopt a decision - Action for failure to act - Action deprived of purpose - No need to adjudicate)

2010/C 221/71

Language of the case: English

Parties

Parties

Applicants: BASF Plant Science GmbH (Ludwigshafen, Germany), Plant Science Sweden AB (Svalöv, Sweden), Amylogene HB (Svalöv), and BASF Plant Science Co. GmbH, formerly BASF Plant Science Holding GmbH (Ludwigshafen) (represented by: D. Waelbroeck and U. Zinsmeister, lawyers, and D. Slater, Solicitor)

Applicants:

Defendant: European Commission (represented by: C. O’Reilly and C. Zadra, acting as Agents)

Defendant:

Intervening Party: Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, acting as Agents)

Intervening Party

Re:

Re:

Application for a declaration that, by failing to adopt a decision with regard to the applicants’ notification relating to the placing of a genetically modified Amflora potato on the market, the Commission failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) and under Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23)

Operative part of the order

Operative part of the order

| 1. | There is no need to adjudicate on this action. |
| --- | --- |

1.

There is no need to adjudicate on this action.

| 2. | The parties shall bear their own costs. |
| --- | --- |

2.

The parties shall bear their own costs.

---

(1)  OJ C 272, 25.10.2008.

1

---
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-50804

Summary Calendar

__________________

CARLOS ADMEDTH BENITEZ-ESCOBAR,

 Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

 Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-95-CV-18

- - - - - - - - - -

September 18, 1996

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

 Carlos Admedth Benitez-Escobar (Benitez) appeals from the

district court's order denying his petition for writ of error

coram nobis pursuant to 28 U.S.C. § 1651. He argues that his

criminal prosecution and the administrative forfeiture of

automobile violated the Fifth Amendment prohibition of double

jeopardy. We have reviewed the record and the briefs of the

parties and hold that jeopardy did not attach because Benitez was
No. 95-50804

-2-

not a party to the administrative forfeiture and the in rem civil

forfeiture does not constitute punishment for double jeopardy

purposes. United States v. Morgan, 84 F.3d 765, 767 (5th Cir.

1996); United States v. Ursery, 116 S. Ct. 2135, 2149 (1996).

AFFIRMED.
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                 PRAYER

  Reverend Michael Catt, Sherwood Baptist Church, Albany, Georgia, 
offered the following prayer:
  Lord God, I give thanks to live in a free land, blessed by You. Since 
the days of the Pilgrims who sought freedom from religious and 
political tyranny, You have blessed this land. You have guided us 
through wars, recession, and prosperity. We owe our existence to Your 
sovereign hand.
  May those elected to represent the people follow the teachings of 
Your Word. We pray for all in authority that we may live in peace. 
Please guide the Congress, regardless of political persuasion, to 
follow the words of Micah 6:

       He has told you, O man, what is good. What does the Lord 
     require of you but to do justice, to love kindness, and to 
     walk humbly before your God? The voice of the Lord will call 
     to the city. It is sound wisdom to fear Your name.

  In the name of my Lord Jesus, I pray. Amen.

                          ____________________
```
CERTIFICATION PURSUANT TO
18 U.S.C.  SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. 1350 (as adopted pursuant to
906 of the Sarbanes-Oxley Act of 2002), I, the
Chief Executive Officer of Email Real Estate.com,
Inc. (the 'Company"), hereby certify, that to the
best of my knowledge, the Quarterly report on Form
10-Q of the Company for the quarterly period ended
August 31, 2003 (the "Report") fully complies with
the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that
information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the Company.

Date: October 14, 2003

/s/Dan O'Meara,
Chairman and Chief Executive Officer




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. 1350 (as adopted pursuant to
906 of the Sarbanes-Oxley Act of 2002), I, the
Chief Financial Officer of Email Real Estate.com,
Inc. (the "Company"), hereby certify, that to the
best of my knowledge, the Quarterly report on Form
10-Q of the Company for the quarterly period ended
August 31, 2003 (the "Report") fully complies with
the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that
information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the Company.

Date: August 31, 2003

 /s/Dan O'Meara
Dan O'Meara, President and Chief Financial Officer
# C_2011347EN.01003102.xml

| 26.11.2011 | EN | Official Journal of the European Union | C 347/31 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 347/31

---

Order of the General Court of 30 June 2011 — Hess Group v OHIM — Coloma Navarro (COLOMÉ)

(Case T-341/08) (1)

1

(Community trade mark - Application for a declaration of invalidity - Agreement and withdrawal of application - No need to adjudicate)

2011/C 347/51

Language of the case: Spanish

Parties

Parties

Applicant: Hess Group AG (Berne, Switzerland) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Félix Coloma Navarro (Alvarado, Spain) (represented by: A. Fernández Lerroux, lawyer)

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 21 May 2008 (Case R 1030/2007-1) in invalidity proceedings between José Félix Coloma Navarro and Hess Group AG.

Operative part of the order

Operative part of the order

| 1. | There is no longer any need to adjudicate on the action. |
| --- | --- |

1.

There is no longer any need to adjudicate on the action.

| 2. | The applicant and the intervener shall bear their own costs and shall each pay one half of the defendant’s costs. |
| --- | --- |

2.

The applicant and the intervener shall bear their own costs and shall each pay one half of the defendant’s costs.

---

(1)  OJ C 272, 25.10.2008.

1

---
# Washington - Appalachian Regional Commission

- Hagerstown, MD: Upgrading to Efficient, Environmentally Conscious Infrastructure   Building Appalachia’s infrastructure has been an ARC investment priority for 58 years, especially the development and maintenance of basic infrastructure systems for water, sewer, energy, and stormwater. ARC’s Area Development Program invested $66.8 million in water and sewer projects alone in Fiscal Year 2022. When thinking about economic growth, however, it can be difficult to connect [&#8230;]The post Hagerstown, MD: Upgrading to Efficient, Environmentally Conscious Infrastructure   appeared first on Appalachian Regional Commission.
- Brooke’s House: Giving New Purpose to Women in Recovery When Kevin Simmers lost his daughter Brooke to an opioid overdose in 2015, he knew he needed to honor her legacy by carrying out her dream: opening a transitional house for women recovering from substance use disorder. He and his wife, Dana, broke ground on Brooke’s House three years later. Now, Brooke’s House has received [&#8230;]The post Brooke&#8217;s House: Giving New Purpose to Women in Recovery appeared first on Appalachian Regional Commission.
- Tri-County Council for Western Maryland, Inc. Executive Director Leanne Mazer Email &#x6c;&#101;&#x61;&#x6e;&#110;&#x65;&#x40;&#116;&#x63;&#x63;&#119;&#x6d;&#x64;&#46;&#x6f;&#x72;gThe post Tri-County Council for Western Maryland, Inc. appeared first on Appalachian Regional Commission.
# C_2008247EN.01000603.xml

| 27.9.2008 | EN | Official Journal of the European Union | C 247/6 |
| --- | --- | --- | --- |

27.9.2008

EN

Official Journal of the European Union

C 247/6

---

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 July 2008 — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH

(Case C-304/08)

(2008/C 247/10)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

Applicant:

Defendant: Plus Warenhandelsgesellschaft mbH

Defendant:

Question referred

Is Article 5(2) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council Directive 2005/29/EC (1) on unfair commercial practices to be interpreted as meaning that that provision precludes a national provision which states that a commercial practice whereby the participation of consumers in a prize competition or lottery is made conditional on the purchase of goods or the supply of services is in principle unlawful, irrespective of whether, in any particular case, the advertising in question affects consumers' interests?

1

---

(1)  OJ 2005 L 149, p. 22.

1

---
```

[Congressional Record Volume 158, Number 114 (Monday, July 30, 2012)]
[Senate]
[Page S5631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Inouye).
  The assistant bill clerk read the following letter.

                                                      U.S. Senate,

                                        President pro tempore,

                                    Washington, DC, July 30, 2012.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Mark R. Warner, a Senator from the Commonwealth of Virginia, 
     to perform the duties of the Chair.
                                                 Daniel K. Inouye,
                                            President pro tempore.

  Mr. WARNER thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________
```
EXHIBIT 32.2

I, Jack R. Lazar, the chief financial officer of Atheros Communications, Inc. (the Company), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge,:



|(i) | The Quarterly Report of the Company on Form 10-Q for the quarterly period ended March 31, 2007 (the Report) fully complies with the requirements of section 13(a) of
the Securities Exchange Act of 1934, and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 10, 2007



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/ Jack R. Lazar                                                                     
|Jack R. Lazar Vice President and Chief Financial
Officer (Principal Financial Officer)
In The 

Court of Appeals 

Seventh District of Texas at Amarillo 

 

No. 07-23-00352-CR 

 

RASHARI NAE FONNE BRENT, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

On Appeal from the 426th District Court 

Bell County, Texas1 

Trial Court No. 80164, Honorable Steven J. Duskie, Presiding 

January 9, 2024 

ORDER OF ABATEMENT AND REMAND 

Before PARKER and DOSS and YARBROUGH, JJ. 

Appellant, Rashari Nae Fonne Brent, appeals his conviction for murder2 and 

sentence to fifty-two years of confinement. The reporter’s record was originally due 

October 24, 2023, but we granted the reporter an extension to November 27 to file the 

record. On November 27, 2023, the reporter filed only seven of nine volumes of the 

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the 

Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.

2 See TEX. PENAL CODE ANN. § 19.02(b)(3).
2

reporter’s record. By letter of December 4, 2023, we notified the reporter that the

complete reporter’s record was overdue and directed her to advise this Court of the status 

of the record by December 14. The reporter has not filed the complete record or had any 

further communication with this Court to date.

Accordingly, we abate the appeal and remand the cause to the trial court for further 

proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring 

appellate courts to “make whatever order is appropriate to avoid further delay and to 

preserve the parties’ rights” when the appellate record is not timely filed). On remand, 

the trial court shall determine the following:

(1) what tasks remain to complete the filing of the reporter’s record;

(2) why the reporter has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those 

tasks; and

(4) whether the reporter can complete the tasks within the time the trial court 

finds reasonable.

Should the trial court determine that the reporter will require more than thirty days 

to complete, certify, and file the complete reporter’s record, it shall arrange for a substitute 

reporter to do so. The trial court is directed to enter such orders necessary to address 

the aforementioned questions. So too shall it include its findings on those matters in a 

supplemental clerk’s record and cause that record to be filed with this Court by February

8, 2024.
3

Should the reporter file the complete reporter’s record on or before January 23, 

2024, she is directed to immediately notify the trial court of the filing, in writing, whereupon 

the trial court shall not be required to take any further action.

It is so ordered.

Per Curiam

Do not publish.
Exhibit 12.1

LANDRYS RESTAURANTS, INC.

RATIO OF EARNINGS TO FIXED CHARGES



|                                                      |  |                         |             |   |      |   |             |  
|----------------------------------------------------- |  | ----------------------- | ----------- | - | ---- | - | ----------- | -
|                                                      |  | Year Ended December, 31 |            
|                                                      |  | 2010                    |             |   | 2009 |  
|Income from continuing operations, before taxes       |  | $                       | (7,098,415  | ) |      | $ | (17,085,779 | )
|Fixed charges, as adjusted                            |  |                         | 139,256,531 |   |      |   | 168,884,795 |  
|                                                      |  |                         |             |   |      |   |             |  
|                                                      |  | $                       | 132,158,116 |   |      | $ | 151,799,016 |  
|                                                      |  |                         |             |   |      |   |             |  
|Fixed charges:                                        |  |                         |             |   |      |   |             |  
|Interest expense including amortization of debt costs |  | $                       | 118,959,917 |   |      | $ | 150,539,755 |  
|Capitalized interest                                  |  |                         | 518,273     |   |      |   | 8,237,191   |  
|Interest factor on rent (1/3 rent expense)            |  |                         | 20,296,614  |   |      |   | 18,345,040  |  
|                                                      |  |                         |             |   |      |   |             |  
|Total fixed charges                                   |  |                         | 139,774,804 |   |      |   | 177,121,986 |  
|Less capitalized interest                             |  |                         | (518,273    | ) |      |   | (8,237,191  | )
|                                                      |  |                         |             |   |      |   |             |  
|Fixed charges, as adjusted                            |  | $                       | 139,256,531 |   |      | $ | 168,884,795 |  
|                                                      |  |                         |             |   |      |   |             |  
|Ratio of earnings to fixed charges                    |  |                         | 0.9         |   |      |   | 0.9         |  
|                                                      |  |                         |             |   |      |   |             |