alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021502EN.01003301.xml

| 13.12.2021 | EN | Official Journal of the European Union | C 502/33 |
| --- | --- | --- | --- |

13.12.2021

EN

Official Journal of the European Union

C 502/33

---

Action brought on 16 September 2021 — Kakuzo v EUIPO — Rauch Fruchtsäfte (Kakuzo)

(Case T-592/21)

(2021/C 502/50)

Language of the case: English

Parties

Applicant: Kakuzo GmbH (Berlin, Germany) (represented by: O. Spieker, A. Schönfleisch and D. Mienert, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Rauch Fruchtsäfte GmbH (Rankweil, Austria)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark Kakuzo — Application for registration No 17 452 541

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 8 July 2021 in Case R 356/2021-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

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

—

order EUIPO to pay the costs of the proceedings.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Exhibit 31.1

                                 CERTIFICATIONS

I, Harold Blomquist, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Simtek Corporation;

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) and 15d-15(e)) for the registrant 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: November 11, 2005

                                           /s/Harold Blomquist
                                           -------------------------------------
                                           Harold Blomquist
                                           Chief Executive Officer and PresidenT
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated condensed financial statements of American Restaurant Partners,
L.P. at June 27, 2000 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-26-2000
<PERIOD-END>                               JUN-27-2000
<CASH>                                         461,079
<SECURITIES>                                         0
<RECEIVABLES>                                  856,964
<ALLOWANCES>                                         0
<INVENTORY>                                    391,419
<CURRENT-ASSETS>                             1,412,396
<PP&E>                                      36,057,111
<DEPRECIATION>                              17,374,714
<TOTAL-ASSETS>                              28,167,085
<CURRENT-LIABILITIES>                        6,522,268
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (6,175,725)
<TOTAL-LIABILITY-AND-EQUITY>                28,167,085
<SALES>                                     29,490,053
<TOTAL-REVENUES>                            29,490,053
<CGS>                                        7,185,075
<TOTAL-COSTS>                               26,894,271
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,429,649
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            881,750
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   881,750
<EPS-BASIC>                                       0.23
<EPS-DILUTED>                                     0.23


</TABLE>
|    |                                                                                                                                             |
|----|---------------------------------------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Annual Report on Form 10-K/A of Babcock & Wilcox Enterprises, Inc. for the fiscal year end December 31, 2019; |
|    |                                                                                                                                                                                                                                                                                                                |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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; and |
|    |                                                                                                                                                                                                                                                                                         |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|                |
|----------------|
|                |  |  |
| April 28, 2020 |   | /s/ Louis Salamone |
|           |   | Louis Salamone |
|           |   | Chief Financial Officer |
|           |   |
THIS VERSION INCLUDES AN ERRATA DATED 10OCT00-e

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 97-1244

LORENZO J. ARMENTROS, APPELLANT,

 V.

HERSHEL W. GOBER,

ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before IVERS, STEINBERG, and GREENE, Judges.

O R D E R

On August 5, 1998, the pro se appellant filed a brief, consisting of an Informal Brief Form

with attached pages numbered 1-33. He alleges a failure on the part of the Department of Veterans

Affairs (VA) to obtain VA medical records pertinent to his case prior to a March 1990 VA regional

office (RO) adjudication (R. at 324-27) of his September 1989 claim (R. at 222) of clear and

unmistakable error (CUE) in a June 1978 VARO decision (R. at 200). See, e.g., Appellant's Informal

Brief (Br.) at 1-2; Appellant's Br. at 2-3. On November 9, 1998, the Secretary filed a motion for

single-judge affirmance. 

In Hayre v. West, 188 F.3d 1327 (Fed. Cir. 1999), the U.S. Court of Appeals for the Federal

Circuit (Federal Circuit) handed down an opinion, the holding of which this Court has characterized

as follows: "[A]n RO's failure to obtain [service medical records] . . . may have constituted a grave

procedural error and, if so, then the RO decision at issue . . . was not final. See id. at 1335 ('if the

Court of Appeals for Veterans Claims finds that the RO breached the duty to assist in 1972, then the

1972 RO decision is not final for purposes of direct appeal')." Simmons v. West, 13 Vet.App. 501,

506 (2000). The Federal Circuit then vacated an earlier decision of this Court and remanded the

appeal to this Court for further consideration; the appeal is now pending before a panel of the Court.

Hayre v. Gober, U.S. Vet. App. No. 95-854 (supplemental briefing ordered April 14, 2000). At issue

is, inter alia, whether the Court may exercise jurisdiction over an RO decision that has not become

final due to the sort of error identified in Hayre v. West, supra, absent a jurisdiction-conferring

Notice of Disagreement (NOD) as to that RO decision. See generally Veterans' Judicial Review Act,

Pub. L. No. 100-687 § 402, 102 Stat. 4105, 4122 (1988) (found at 38 U.S.C. § 7251 note); Velez

v. West, 11 Vet.App. 148, 157 (1998) ("Court has no jurisdiction over an issue absent a postNovember 18, 1988, NOD, expressing disagreement with an RO's decision on that issue or with an

RO's failure to adjudicate that [issue]"); see also Barrera v. Gober, 122 F.3d 1030, 1031 (Fed. Cir.

1997); Grantham v. Brown, 114 F.3d 1156, 1157 (Fed. Cir. 1997), rev'g 8 Vet.App. 228 (1995). But

see 38 U.S.C. § 7111 (permitting appeal to this Court of Board decision regarding CUE in prior

Board decision, which is an original claim to the Board, without jurisdiction-conferring NOD). In

view of the above and in the interest of judicial economy, the Court will postpone further

proceedings in the instant case pending the issuance of an opinion in Hayre v. Gober.
2

Upon consideration of the foregoing, it is

ORDERED, sua sponte, that this matter is stayed pending the outcome of Hayre v. Gober,

or further order of the Court.

DATED: October 3, 2000 PER CURIAM.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1997
<PERIOD-START>                             JAN-01-1996             JAN-01-1997
<PERIOD-END>                               SEP-30-1996             SEP-30-1997
<CASH>                                           1,460                   6,238
<SECURITIES>                                     1,025                   3,815
<RECEIVABLES>                                    2,033                   2,541
<ALLOWANCES>                                       215                     191
<INVENTORY>                                        816                   1,154
<CURRENT-ASSETS>                                 5,633                  13,809
<PP&E>                                           3,324                   4,325
<DEPRECIATION>                                   2,067                   2,570
<TOTAL-ASSETS>                                   7,581                  15,865
<CURRENT-LIABILITIES>                            4,216                   4,559
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          4                       0
<COMMON>                                             1                       8
<OTHER-SE>                                       3,139                  11,007
<TOTAL-LIABILITY-AND-EQUITY>                     7,581                  15,865
<SALES>                                          6,717                   7,615
<TOTAL-REVENUES>                                 8,702                   9,641
<CGS>                                            3,308                   3,630
<TOTAL-COSTS>                                    4,444                   4,466
<OTHER-EXPENSES>                                 6,188                  10,694
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 (1,924)                 (5,261)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                             (1,924)                 (5,261)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    (1,924)                 (5,261)
<EPS-PRIMARY>                                     (.34)                   (.73)
<EPS-DILUTED>                                        0                       0
        

</TABLE>
1

 

 From: "Hulse, David G." <David.Hulse@alcoa.com> 

 

 To: David Putney/RTP/USEPA/US@EPA 

 

 Cc: "Palazzolo, Michael A." 

<Michael.Palazzolo@alcoa.com>, "Kitzman, Kevin A." 

<Kevin.Kitzman@alcoa.com> 

 

 Date: 08/12/2011 03:29 PM 

 

 Subject: RE: Controls on existing pitch storage tanks -

Alcoa Inc. - Wenatchee Works Response 

 

Mr. Putney,

Here is the requested information from Alcoa Inc. – Wenatchee 

Works regarding the existing pitch storage tank controls. (See 

responses in blue contained in message body below.) If you need 

any additional information, please let me know.

David G. Hulse

Environmental Supervisor

Alcoa Inc. – Wenatchee Works

-----Original Message-----

From: Putney.David@epamail.epa.gov 

[mailto:Putney.David@epamail.epa.gov]

Sent: Tuesday, August 09, 2011 6:25 AM

To: Van Der Meyden, Henk; Hulse, David G.; Bilskis, Patricia A.; 

Mitchell, Kathryn M; Palazzolo, Michael A.

Subject: Controls on existing pitch storage tanks

Hello all,

The responses to the recent (dated 04/25/11 I believe) ICR from 

your primary aluminum reduction facilities (i.e., AlcoaWenatchee, Alumax of South Carolina, and Intalco Aluminum) 

indicated that the existing pitch storage tanks at your 

facilities are equipped with control devices. As part of the 

ongoing residual risk and technology review (RTR) project for 

the primary aluminum reduction source category I am collecting 

information on the costs associated with those controls.
2

Specifically, as a minimum, I need the following information for 

these

controls:

 The year the controls were installed;

 1992

 The capital cost of the controls;

 In 1992 dollars:

 Fume capture and return system from rail tank cars -

$270,000

 Oil / Water / Charcoal Storage Tank Scrubber - $15,000

 Engineering and Design - $32,000

 Total - $317,000

 The annual operating cost of the controls; and

 Labor - $2,000

 Equipment - $2,000

 Filter media - $9,000

 Total - $13,000

 The estimated emissions reduction attributed to the controls.

 Removal efficiency has not been tested. Based on system 

design, expected removal is 95+%.

Please break down the annual operating cost information to 

indicate what portion is for labor versus materials (e.g., 

carbon).

Due to the tight schedule for this project please provide this 

information by this Friday, 08/12/11. If this is not possible, 

please contact me.

Thanks,

David Putney, Environmental Engineer

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards Sector Policies and 

Programs Division

109 T.W. Alexander Drive, RTP, NC 27711

Mail Drop D243-02

Ph: (919) 541-2016 Fax: (919) 541-3207

Email: putney.david@epa.gov
-82 -80 -78 -76 -74 -72

36 38 40 

### ★ ▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 100 18 12 06 00 09/25 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 25 Sep 07

EDAS Meteorological DataSource★at 39.11 N 77.11 WMeters AGL
July 28 , 2015

J ack Elston

2100 Central Avenue, Suite 102

Boulder, CO 80301

Dear Mr. Elston :

This letter is to inform you that we are unable to process your request for an exemption. It

explains why we cannot process your request and what you should do in the next 30 days.

Why We Can n o t Process Your Request

We entered your April 29

, 2015 exemption request into the public docket (No. FAA

- 20 15

-

1684 ) , but we are unable to process your request any further. The information you sent does

not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request

any further, you must send us all of the following:

 The reasons why granting the request would be in the public interest; that is, how it would

benefit the public as a whole.

 Any additional information, views, or arguments available to support your request.

W hat You Should Do

If you want us to process your request any further, you must send the information described

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your

petition for exemption at least 120 days before the proposed effective date of the exemption.2

If We Do No t Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you

further. If you have any questions or require additional time, you may call (202) 267

- 4264

.

Sincerely,

/s/

B rittany Newton

Program Analyst

, Aircraft and

Airport Rules Division

Enclosure
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND STATEMENTS OF CONSOLIDATED INCOME AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                       2,578,505
<SECURITIES>                                 1,098,323
<RECEIVABLES>                                3,626,496
<ALLOWANCES>                                   183,548
<INVENTORY>                                  3,776,967
<CURRENT-ASSETS>                            11,541,940
<PP&E>                                      10,422,988
<DEPRECIATION>                               5,532,007
<TOTAL-ASSETS>                              18,386,240
<CURRENT-LIABILITIES>                          935,268
<BONDS>                                        373,252
<PREFERRED-MANDATORY>                          471,124
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  16,833,320
<TOTAL-LIABILITY-AND-EQUITY>                18,386,240
<SALES>                                     12,622,215
<TOTAL-REVENUES>                            12,622,215
<CGS>                                        5,842,063
<TOTAL-COSTS>                                4,268,120
<OTHER-EXPENSES>                             1,710,988
<LOSS-PROVISION>                                44,279
<INTEREST-EXPENSE>                              35,345
<INCOME-PRETAX>                                943,319
<INCOME-TAX>                                   251,800
<INCOME-CONTINUING>                            691,519
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   691,519
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .15
        

</TABLE>
-82 -80 -78 -76 -74

38 40 42



### ★ ▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 06/18 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 18 Jun 07

EDAS Meteorological DataSource★at 38.77 N 77.11 WMeters AGL