alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Order of the Court (Sixth Chamber) of 4 December 2009 – Rath v OHIM**

**(Joined Cases C‐488/08 P and C-489/08 P)**

Appeals – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word marks Epican and Epican Forte – Opposition by the proprietor of the Community word mark EPIGRAN – Likelihood of confusion – Partial rejection of the application for registration – Appeals manifestly inadmissible

1.                     *Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment
of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute
of the Court of Justice, Art. 58, first para.) (see paras 37-38)*

2.                     *Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility
– Rejection (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice,
Art. 112(1)(c)) (see para. 44)*

**Re:**

| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Appeals brought against the orders of the Court of First Instance (Seventh Chamber) of 8 September 2008 in Case T‐373/06 | Rath | v | OHIM and Grandel | and Case T‐374/06 | Rath | v | OHIM and Grandel | by which that court dismissed as manifestly lacking any foundation in law the actions for annulment of the decisions of the First Board of Appeal of OHIM of 5 October 2006 dismissing in part the actions brought against the decisions of the Opposition Division which, by upholding the opposition of the proprietor of the earlier Community word mark ‘EPIGRAN’, refused to register the word marks ‘EPICAN’ and ‘EPICAN FORTE’ for goods and services in class 5 – Likelihood of confusion of the two marks. |

**Operative part:**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the appeals; |

| | | |
| --- | --- | --- |
| 2. | | Orders Mr Rath to pay the costs. |
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<DEBT-HELD-FOR-SALE>                           170,678
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      46,988
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 217,666
<CASH>                                          11,933
<RECOVER-REINSURE>                               1,625
<DEFERRED-ACQUISITION>                          10,970
<TOTAL-ASSETS>                                 288,126
<POLICY-LOSSES>                                122,430
<UNEARNED-PREMIUMS>                             42,116
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        42,788
<OTHER-SE>                                      68,496
<TOTAL-LIABILITY-AND-EQUITY>                   288,126
<PREMIUMS>                                     100,555
<INVESTMENT-INCOME>                              9,703
<INVESTMENT-GAINS>                                (16)
<OTHER-INCOME>                                     228
<BENEFITS>                                      55,009
<UNDERWRITING-AMORTIZATION>                     31,344
<UNDERWRITING-OTHER>                             1,909
<INCOME-PRETAX>                                 22,208
<INCOME-TAX>                                     5,338
<INCOME-CONTINUING>                             16,870
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,870
<EPS-PRIMARY>                                     1.38
<EPS-DILUTED>                                     1.13
<RESERVE-OPEN>                                  85,723<F1>
<PROVISION-CURRENT>                             56,725
<PROVISION-PRIOR>                              (1,716)
<PAYMENTS-CURRENT>                               9,512
<PAYMENTS-PRIOR>                                22,292
<RESERVE-CLOSE>                                108,928<F1>
<CUMULATIVE-DEFICIENCY>                              0
<FN>
<F1>Unpaid loss and loss adjustment expenses differ from the amounts reported in
the consolidated financial statements because of the inclusion herein of
reinsurance receivables of $ 13,502 and $ 10,919 at December 31, 1997 and 1996,
respectively.
</FN>
        

</TABLE>
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Extensions of Remarks]
[Page E1449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        THE DEATH OF LARRY GRANT

                                 ______
                                 

                         HON. LAURA RICHARDSON

                             of california

                    in the house of representatives

                       Monday, September 10, 2012

  Ms. RICHARDSON. Mr. Speaker, it is my regrettable duty to report the 
death of a great American, Larry Grant. Mr. Grant died on August 22, 
2012 in Torrance, California. He was 86. Perhaps more than any other 
person, Mr. Grant was responsible for founding the parade commemorating 
Dr. Martin Luther King that was the first in Los Angeles and became one 
of the largest in the nation.
  Mr. Grant was instrumental in starting the Kingdom Day Parade where 
thousands of spectators lined the streets to celebrate civil rights 
leader Dr. King. With a deep love for his country, Mr. Grant was driven 
by passion to create a platform to showcase past and present black 
leaders in the community and hopefully inspire the youth. Mr. Grant 
traveled the three-mile route in South Los Angeles with a procession of 
colorful floats, marching bands and dance troupes trailing behind.
  Mr. Grant created the yearly event as an entertaining way to unite 
the community. It also became a means of mending wounds. In the 
aftermath of the 1992 Los Angeles riots, when tensions were still thick 
between Korean store owners and black residents, Grant appointed a 
Korean taekwondo master to serve as co-chair.
  Mr. Grant was one of the pioneers of Black bankers in the State of 
California. After serving 20 years in the Army, including World War II 
and the Korean War, he earned a degree in banking from the University 
of Maryland. He was the President and CEO of Pacific Coast Bank in San 
Diego, California where he started banking in 1964 until his retirement 
in 1984.
  In 1979, his colleagues encouraged Mr. Grant to form the nonprofit 
National Cultural Corp. A year later Mr. Grant threw the first King 
parade in San Diego, before the civil rights activist's birthday was 
recognized as a national holiday. Mr. Grant was eager to bring the 
parade's success to Los Angeles. On January 20, 1986, Los Angeles 
hosted the first Kingdom Day Parade. It was also the first year that 
King's birthday was celebrated as a federal holiday.
  I remember fondly Mr. Grant's devotion to keeping the legacy of Dr. 
King alive through the annual Kingdom Day Parade in Los Angeles. He 
earned the love and respect from countless people through his selfless 
acts. Mr. Grant was a leader in the community and was instrumental in 
sharing Dr. King's philosophy with future generations.
  Mr. Speaker, I ask for a moment of silence in memory of Larry Grant.

                          ____________________
```
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Senate]
[Page S6054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The messages received today are printed at the end of the Senate 
proceedings.)

                          ____________________
```
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

National Vehicle and Fuel Emissions Laboratory

2 000 Traverwood Drive

Ann Arbor, Michigan 48105

- 2498

July 1 5 , 2011

MEMORANDUM

SUBJECT: Reference 53 and 55 for Aviation NOx Emission Standards Notice of Proposed

Rulemaking Preamble

FROM: Richard S. Wilcox /s/

Assessment and Standards Division

Office of Air and Radiation

U.S. Environmental Protection Agency

TO: The Air and Radiation Docket

Docket No. EPA

- HQ

- OAR

- 2010

- 0687

Pl ease refer to EPA Docket Number OAR

- 2002

- 0030 for copies of the following

references that appear as footnote 53 and 55 in the proposed rule referenced above.

53 ICAO/CAEP, “Report of Third Meeting, Montreal, Queb ec, December 5

- 15, 1995,” Document 9675, CAEP/3.

55 ICAO, “Combined Report of the Certification and Technology Subgroups,” section 2.3.6.1, CAEP Working

Group 3 (Emissions). Presented by the Chairman of the Technology Subgroup, Third Meeting, Bonn, Germany,

June 1995.
IB 

Union Calendar No. 437 

115TH CONGRESS 

2D SESSION H. R. 4725 

[Report No. 115–577] 

To amend the Federal Deposit Insurance Act to require short form call 

reports for certain depository institutions. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2017 

Mr. HULTGREN (for himself and Mr. BARR) introduced the following bill; 

which was referred to the Committee on Financial Services 

FEBRUARY 23, 2018 

Additional sponsors: Ms. SEWELL of Alabama and Mr. MESSER

FEBRUARY 23, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4725 RH

A BILL 

To amend the Federal Deposit Insurance Act to require 

short form call reports for certain depository institutions. 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4725 RH

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 ‘‘Community Bank Re5 porting Relief Act’’. 

6 SEC. 2. SHORT FORM CALL REPORTS. 

7 Section 7(a) of the Federal Deposit Insurance Act 

8 (12 U.S.C. 1817(a)) is amended by adding at the end the 

9 following: 

10 ‘‘(12) SHORT FORM REPORTING.— 

11 ‘‘(A) IN GENERAL.—The appropriate Fed12 eral banking agencies shall issue regulations 

13 that allow for a reduced reporting requirement 

14 for a covered depository institution when the in15 stitution makes the first and third report of 

16 condition for a year, as required under para17 graph (3). 

18 ‘‘(B) DEFINITION.—In this paragraph, the 

19 term ‘covered depository institution’ means an 

20 insured depository institution that— 

21 ‘‘(i) has less than $5,000,000,000 in 

22 total consolidated assets; and 

23 ‘‘(ii) satisfies such other criteria as 

24 the appropriate Federal banking agencies 

25 determine appropriate.’’. 


lotter on DSKBCFDHB2PROD with BILLS
Union Calendar No. 437 

115TH CONGRESS 

2D SESSION H. R. 4725 

[Report No. 115–577] 

A BILL 

To amend the Federal Deposit Insurance Act to retory institutions. quire short form call reports for certain deposiFEBRUARY 23, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


lotter on DSKBCFDHB2PROD with BILLS
# C_2009044EN.01004802.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/48 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/48

---

Action brought on 20 November 2008 — Rundpack v OHIM (Representation of a tumbler)

(Case T-503/08)

(2009/C 44/85)

Language in which the application was lodged: German

Parties

Applicant: Rundpack (represented by R. Chmilewsky-Lehner, lawyer)

Applicant:

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

Defendant:

Form of order sought

| — | Annul the contested decision (R 1400/2006-1) of OHIM of 3 September 2008 and refer the trade mark application No 003 317 591 back to OHIM to allow for the registration process to continue, and order OHIM to bear all the costs associated with the case, in particular including those incurred before the Board of Appeal. |
| --- | --- |

—

Annul the contested decision (R 1400/2006-1) of OHIM of 3 September 2008 and refer the trade mark application No 003 317 591 back to OHIM to allow for the registration process to continue, and order OHIM to bear all the costs associated with the case, in particular including those incurred before the Board of Appeal.

| — | In the alternative, annul the contested decision of OHIM of 3 September 2008 and refer the trade mark application No 003 317 591 in respect of a reduced list of goods back to OHIM to allow for the registration process to continue, and order OHIM to bear all the costs associated with the case, in particular including those incurred before the Board of Appeal. |
| --- | --- |

—

In the alternative, annul the contested decision of OHIM of 3 September 2008 and refer the trade mark application No 003 317 591 in respect of a reduced list of goods back to OHIM to allow for the registration process to continue, and order OHIM to bear all the costs associated with the case, in particular including those incurred before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: the three-dimensional mark ‘BECHER RUND’ in respect of goods in Classes 16, 17 and 20 (Application No 3 317 591).

Community trade mark concerned:

Decision of the Examiner: Rejection of the application.

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 Regulation (EC) No 40/94 (1) in that the trade mark applied for has the necessary minimum distinctive character.

Pleas in law:

1

---

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

1

---
AVS

Quality Management

System

Title: Domestic; Change Worksheet

QPM#

AIR-ANM-Q30·F4

Date: December 17, 2008

Revision

Record of Contacts

2.00 I 0-05"56/

FDMS Docket No. fAA~ _

With whom outside the FAA has thi~ proposal been discussed (e.g_, ATA, RAA, ALPA, elc.)?

0'lloiU(iOD Penon Contacted Dale

,\"1'0\ Marl. I.DflU \202-626--1(25) J\larch22.2UIO

UNCONTROLLED COPY WHEN DOWNLOADED

Check the Master List 10Verify ThaI This is the Correct Revision Before Use
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Page H5525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GRAVES of Missouri:
       H.R. 6239.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1; Section 8; Necessary and Proper Clause
       Congress created the SNAP program, formerly known as food 
     stamps, to provide a social safety net for the least 
     fortunate in our society. However, that social safety net and 
     the tax payers who support it are being defrauded to the tune 
     of millions of dollars a year. Therefore, it is both 
     necessary and proper to protect the taxpayers' money through 
     policies which aim to prevent fraud within the SNAP program.
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S AUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER
24, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-24-2000
<PERIOD-START>                             SEP-27-1999
<PERIOD-END>                               SEP-24-2000
<CASH>                                          97,161
<SECURITIES>                                         0
<RECEIVABLES>                                   88,798
<ALLOWANCES>                                    15,700
<INVENTORY>                                          0
<CURRENT-ASSETS>                               814,242
<PP&E>                                       5,187,815
<DEPRECIATION>                               1,831,226
<TOTAL-ASSETS>                               5,277,101
<CURRENT-LIABILITIES>                        5,453,156
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       141,744
<OTHER-SE>                                   (317,799)
<TOTAL-LIABILITY-AND-EQUITY>                 5,277,101
<SALES>                                      6,319,912
<TOTAL-REVENUES>                             6,319,912
<CGS>                                        1,439,952
<TOTAL-COSTS>                                6,844,769
<OTHER-EXPENSES>                                38,326
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             176,645
<INCOME-PRETAX>                              (739,828)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (739,828)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (739,828)
<EPS-BASIC>                                     (0.05)
<EPS-DILUTED>                                   (0.05)


</TABLE>
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15D0490. EMMETT LENOIR v. THE STATE.

In 2004, Emmett Lenoir was convicted of aggravated battery, sexual battery,

false imprisonment, criminal damage to property in the second degree, cruelty to

children in the second degree, and interference with a 911 call, and he wassentenced

to 35 years in prison. We reversed the criminal damage to property conviction but

affirmed Lenoir’s other convictions on appeal. See Lenoir v. State, 322 Ga. App. 583

(745 SE2d 824) (2013). In May 2015, Lenoir moved to vacate his sentence, arguing

the charges should have merged. The trial court denied the motion, and Lenoir filed

this application for discretionary appeal to challenge the court’s ruling. We lack

jurisdiction.

 An appeal may lie from an order denying a motion to correct a void sentence

if the defendant raises a colorable claim that the sentence is, in fact, void or illegal.

See Harper v. State, 286 Ga. 216 n.1 (686 SE2d 786) (2009); Burg v. State, 297 Ga.

App. 118, 119 (676 SE2d 465) (2009). Lenoir’s merger argument, however, is a

challenge to his convictions, not to his sentence. SeeWilliams v. State, 287 Ga. 192

(695 SE2d 244) (2010). Because Lenoir has not raised a valid void-sentence claim,

we lack jurisdiction to consider his application. See Roberts v. State, 286 Ga. 532

(690 SE2d 150) (2010); Harper, supra. Accordingly, this application is hereby

DISMISSED.

July 15, 2015
Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

07/15/2015
# C_2008285EN.01005102.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/51 |
| --- | --- | --- | --- |

8.11.2008

EN

Official Journal of the European Union

C 285/51

---

Action brought on 9 September 2008 — Kingdom of the Netherlands v Commission of the European Communities

(Case T-380/08)

(2008/C 285/92)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: C. Wissels and M. de Mol, acting as Agents)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul the Commission's Decision of 30 June 2008 under reference SG.E3/MV/psi D(2008)5364; |
| --- | --- |

—

Annul the Commission's Decision of 30 June 2008 under reference SG.E3/MV/psi D(2008)5364;

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

—

order the Commission to pay the costs.

Pleas in law and main arguments

By the decision of 13 December 2006 in Case COMP/38.456 — Bitumen (Netherlands) (1) the Commission imposed fines on a large number of undertakings, suppliers and purchasers of road pavement bitumen for infringements of Article 81 EC. The Commission did not publish all particulars in that decision. Various legal persons, public and private, including the applicant, have suffered serious losses as a result of the undertakings' actions. As knowledge of that information would be extremely useful in order to recover those losses, the applicant applied under Article 6(1) of Regulation No 1049/2001 (2) for access to the complete, uncensored version of the decision of 13 September 2006. By decision of 30 June 2008, the Commission rejected that application.

1

2

In support of its application the applicant submits that the contested decision is contrary to the right of access referred to in Article 255 EC, read in conjunction with Articles 1 and 4 of Regulation No 1049/2001.

Secondly, the applicant submits that the Commission should have provided partial access, as referred to in Article 4(6) of Regulation No 1049/2001.

Thirdly, the contested decision is contrary to the principle of proportionality.

Fourthly, the contested decision infringes Article 253 EC, as its statement of reasons is defective.

Fifthly, the contested decision is contrary to Article 10 EC, read in conjunction with the principle of proportionality.

---

(1)  Commission Decision 2007/534/EC of 13 September 2006 relating to a proceeding under Article 81 of the Treaty establishing the European Community (Case No COMP/F/38.456 — Bitumen (NL)) (notified under document number C(2006) 4090) (OJ 2007 L 196, p. 40).

1

(2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, p. 43).

2

---