alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021217EN.01005901.xml

| 7.6.2021 | EN | Official Journal of the European Union | C 217/59 |
| --- | --- | --- | --- |

7.6.2021

EN

Official Journal of the European Union

C 217/59

---

Action brought on 12 April 2021 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO...?)

(Case T-197/21)

(2021/C 217/74)

Language of the case: English

Parties

Applicant: Lea Nature Services (Périgny, France) (represented by: F. Drageon, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Debonair Trading Internacional Lda (Funchal, Portugal)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark SO...? — European Union trade mark No 485 078

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 February 2021 in Case R 1234/2020-4

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs, which they have incurred in the course of the proceedings before the General Court. |
| --- | --- |

—

order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs, which they have incurred in the course of the proceedings before the General Court.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
EX-10.1(b)



 Exhibit 10.1(b) 
 June 1, 2013 
 Warrington Asset Management, LLC 

200 Crescent Court – Suite 900 
 Dallas,
Texas 75201 
 Attention: Mr. Scott C. Kimple 
  

	 	Re:	Management Agreement Renewal 

 Dear Mr.
Kimple: 
 We are writing with respect to your management agreement concerning the commodity pool to which reference is made below (the
“Management Agreement”). We are extending the term of the Management Agreement through June 30, 2014 and all other provisions of the Management Agreement will remain unchanged. 

 

	 	•	 	 Managed Futures Premier Warrington Fund L.P. 


 Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Mr. Damian George at the address above or fax to 212-296-6868. If you have any
questions I can be reached at 212-296-1292. 
 Very truly yours, 

 

			
	CERES MANAGED FUTURES LLC
		
	By:	 	/s/ Damian George
		 	Damian George
		 	Chief Financial Officer and Director

  

			
	WARRINGTON ASSET MANAGEMENT
		
	By:	 	/s/ Scott C. Kimple
	Print Name: Scott C. Kimple

 DG/sr
# C_2023164EN.01004001.xml

| 8.5.2023 | EN | Official Journal of the European Union | C 164/40 |
| --- | --- | --- | --- |

8.5.2023

EN

Official Journal of the European Union

C 164/40

---

Judgment of the General Court of 15 March 2023 — FA World Entertainment v EUIPO (FUCKING AWESOME)

(Case T-178/22) (1)

(EU trade mark - International registration designating the European Union - Word mark FUCKING AWESOME - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Legal certainty - Equal treatment - Principle of sound administration)

(2023/C 164/55)

Language of the case: English

Parties

Applicant: FA World Entertainment Inc. (Los Angeles, California, United States) (represented by: M. Breuer, I. Dimitrov and C. Tenbrock, lawyers)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Intellectual Office (EUIPO) of 3 February 2022 (Case R 1131/2021-5).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders FA World Entertainment Inc. to pay the costs. |
| --- | --- |

2.

Orders FA World Entertainment Inc. to pay the costs.

---

(1)  OJ C 207, 23.5.2022.

---
# National Assessment Governing Board (NAGB)

- Secretary Cardona Appoints New Members to National Assessment Governing Board U.S. Secretary of Education Miguel Cardona today announced the appointment of 11 prominent education leaders – seven new members and four reappointed members – to the National Assessment Governing Board, which oversees the Nation's Report Card.
# C_2023179EN.01001102.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/11 |
| --- | --- | --- | --- |

22.5.2023

EN

Official Journal of the European Union

C 179/11

---

Appeal brought on 18 July 2022 by KO against the order of the General Court (President) delivered on 19 May 2022 in Case T-119/22 AJ, KO v Council of the European Union, European Commission, European External Action Service (EEAS) and Eulex Kosovo

(Case C-485/22 P)

(2023/C 179/15)

Language of the case: English

Parties

Appellant: KO (represented by: P. Koutrakos, dikigoros, F. Randolph, advocaat, and J. Stojsavljevic-Savic, Solicitor)

Other parties to the proceedings: Council of the European Union, European Commission, European External Action Service (EEAS), Eulex Kosovo

By order of 31 March 2023, the Court of Justice (Sixth Chamber) held that the appeal was dismissed due to a manifest lack of jurisdiction of the Court and that KO should bear her own costs.

---
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MICHAEL HARDY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D20-940

[January 14, 2021]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Michael A. Usan, Judge; L.T. Case No. 04-9136 CF10A.

Michael Hardy, Miami, pro se.

Ashley Moody, Attorney General, Tallahassee, and Mitchell A. Egber, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. 

MAY, DAMOORGIAN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# C_2023261EN.01003401.xml

| 24.7.2023 | EN | Official Journal of the European Union | C 261/34 |
| --- | --- | --- | --- |

24.7.2023

EN

Official Journal of the European Union

C 261/34

---

Judgment of the General Court of 7 June 2023 — Cassa Centrale v EUIPO — Bankia (BANQUÌ)

(Case T-368/22) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark BANQUÌ - Earlier EU figurative mark Bankia - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Distinctive character of the earlier mark)

(2023/C 261/47)

Language of the case: English

Parties

Applicant: Cassa Centrale Banca — Credito Cooperativo Italiano SpA (Trente, Italy) (represented by: J. Graffer, G. Locurto and A. Ottolini, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Bankia, SA (Madrid, Spain)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1).

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1) in so far as it rejected the appeal brought by Cassa Centrale Banca — Credito Cooperativo Italiano SpA in that the application for registration of the word mark BANQUÌ as an EU mark designated goods in Class 9 within the meaning of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended; |
| --- | --- |

1.

Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1) in so far as it rejected the appeal brought by Cassa Centrale Banca — Credito Cooperativo Italiano SpA in that the application for registration of the word mark BANQUÌ as an EU mark designated goods in Class 9 within the meaning of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders Cassa Centrale Banca — Credito Cooperativo Italiano and EUIPO each to bear their own costs. |
| --- | --- |

3.

Orders Cassa Centrale Banca — Credito Cooperativo Italiano and EUIPO each to bear their own costs.

---

(1)  OJ C 303, 8.8.2022.

---
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 19-1959

___________________________ 

Leonard N. Anderson

 Plaintiff - Appellant

v.

Ed Smith, in his individual capacity and his official capacity for his conduct under 

color of law, in the course and scope of his employment, as a City of St. Paul, 

Department of Safety Inspections Employee; City of St. Paul, a political 

subdivision of the State of Minnesota

 Defendants - Appellees

____________

Appeal from United States District Court 

for the District of Minnesota

____________ 

Submitted: June 18, 2020

Filed: July 29, 2020

[Unpublished] 

____________ 

Before KELLY, ERICKSON, and STRAS, Circuit Judges. 

____________

PER CURIAM. 

Leonard Anderson and the City of St. Paul have had a long-running dispute 

over building-code violations on his property. He eventually sued the City and one
-2- 

of its inspectors in federal court. His amended complaint contained two sets of 

claims: seven total under 42 U.S.C. § 1983 and two more under state law. 

The district court1 dismissed the federal claims with prejudice, see Fed. R. 

Civ. P. 12(b)(6), and declined to exercise supplemental jurisdiction over the statelaw claims, see 28 U.S.C. § 1367(c)(3). Reviewing the dismissal de novo and having 

carefully reviewed the record and the parties’ arguments, we agree with the district 

court that Anderson’s amended complaint fails to state a federal claim. See Kelly v. 

City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We

accordingly affirm the judgment.2

 See 8th Cir. R. 47B. 

______________________________

1

The Honorable Eric C. Tostrud, United States District Judge for the District 

of Minnesota. 

 

2

We note that the district court’s order states that “Anderson’s state-law 

claims” are dismissed without prejudice, but the judgment itself omits one: a trespass

claim (Claim V). If this is a clerical error, the district court can correct it. See Fed. 

R. Civ. P. 60(a).
Tier 3 2030 control case

This file contains national and state level emissions modeling sector total emissions by inventory pollutant and for air quality mo

All Sector State summary has the sum of all anthropogenic (including fires) emissions. Total NOX values include NO, NO2 and 

mrgrid (domain totals) show all of the emissions for the grid, including non-US

Overall totals are provided for both the continental US ("CONUS") and the eastern states.

Emissions are computed for each modeling sector and summarized.

Notes:

- In some sectors, ALD2 = ALD2_PRIMARY, and FORM = FORM_PRIMARY. However, since the two species have different m

 they do not appear equal in this spreadsheet. ALD2 (moles) = ALD2_PRIMARY (moles) if the mass ratio of the two is 1.0624. 

 - Some pre-SMOKE pollutants were combined to simplify the QA, including mercury.

 - FORM and ALD2 do not match up pre- and post-SMOKE because of integration, inexact molecular weight conversions, or bo

Modeling sector descriptions: 

ag - agricultural ammonia emissions

afdust/afdust_adj - area fugitive dust emissions; afdust_adj are the emissions after metorological and land use adj

biogenics - emissions from natural sources

c1c2rail - C1 and C2 commerical marine emissions plus railroad emissions

c3marine - C3 marine (ocean going vessel ) emissions

nonpt - nonpoint (county-level) not included in other sectors

nonroad - mobile source emissions from off-road equipment

onroad_RPD/RPV/RPP) - mobile source emissions on roads; onroad_RPD, onroad_RPV, and onroad_RPP are specif

onroad_ttl - total of onroad RPD, RPV, and RPP emissions

onroad_rfl - refueling emissions from onroad vehicles

othar - Non-US area sources

othon - Non-US onroad sources

onhpt - Non-US point sources

ptfire - Point source wild and prescribed fire emissions

ptegu_pk - Emissions from specific EGU peaking units

ptegu - Emissions from EGUs not specifically designated as peaking

ptnonipm - Point source emissions not included in ptegu_pk, ptegu, or pt_oilgas

pt_oilgas - oil and gas emissions from point sources

np_oilgas - oil and gas emissions from nonpoint sources

rwc - residential wood combustion emissions
entory pollutant and for air quality model species output from SMOKE

al NOX values include NO, NO2 and HONO. 

nce the two species have different molecular weights being used for the moles-to-mass conversion,

 the mass ratio of the two is 1.0624. For FORM and FORM_PRIMARY, the ratio is 0.9956.

 molecular weight conversions, or both.

er metorological and land use adjustments

_RPV, and onroad_RPP are specific subcategories based on the type of activity data used
<PAGE>


                                  EXHIBIT 99.1

                                  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. Section 1350 as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Rand Capital
Corporation (the "Company"), does hereby certify, to such officer's knowledge,
that:

     The Annual Report on Form 10-K for the year ended December 31, 2002 (the
Form10-K) of the Company fully complies with the requirement of section 13(a) or
15(d) of the Securities Exchange Act of 1934 and the information contained in
the Form 10-K fairly presents, in all material respects, the financial condition
and results of operations of the Company.

     Dated: March 28, 2003

                                                 /s/ Allen F. Grum
                                         -----------------------------------
                                              Allen F. Grum, President
                                             (Chief Executive Officer)

     Dated: March 28, 2003


                                               /s/ Daniel P. Penberthy
                                         -----------------------------------
                                            Daniel P. Penberthy, Treasurer
                                              (Chief Financial Officer)
<PAGE>
 
                                                                   EXHIBIT 10.1G

                                AMENDMENT NO. 6

                                      TO

                             MANAGEMENT AGREEMENT


    THIS AGREEMENT made as of January 4, 1993, is by and between SIZELER
PROPERTY INVESTORS, INC., a Delaware corporation (the "Company"), and SIZELER
REAL ESTATE MANAGEMENT CO., INC., a Louisiana corporation (the "Manager"):

                              W I T N E S S E T H:

    WHEREAS, the Company and the Manager are parties to a certain Management
Agreement dated as of December 28, 1986, as amended by Amendment No. 1, dated as
of December 29, 1986; Amendment No. 2 dated as of December 30, 1986; Amendment
No. 3, dated as of April 12, 1988; Amendment No. 4, dated as of August 6, 1991;
and Amendment No. 5, dated as of January 1, 1993 (the "Management Agreement");
and

    WHEREAS, the Company and the Manager desire to amend the Management 
Agreement with respect to compensation to be paid to the Manager for its 
Management Services hereunder;

    NOW, THEREFORE, in consideration of the premises and of the mutual covenants
herein contained, the parties hereto agree as follows:

    1. Subsection (b) of Section 4 of the Management Agreement is hereby deleted
in its entirety, and the following is substituted therefor:

       (b) As between the Manager and the Company, the Company shall bear and 
pay the entire cost of the development of the Properties, including all costs 
incurred pursuant to this Agreement.

<PAGE>
    2. Subparagraph (iv) of Section 6 (a) of the Management Agreement, is hereby
deleted in its entirety, and the following is substituted therefor:

    "(iv) The Company shall reimburse the Manager for the actual costs, 
including reasonable out-of-pocket expenses, incurred by the Manager's personnel
in performing Additional Services under this Agreement. In order to be 
reimbursed or paid for any expenses incurred in connection with providing 
Additional Services, the Manager must submit detailed itemization of such 
expenses incurred."

    3. Subsection (b) of Section 6 of the Management Agreement is hereby deleted
in its entirety.

    The amended provisions of this agreement are effective as of the date first 
above written.

    IN WITNESS WHEREOF, the parties hereto have caused this amendment to be 
executed as of the date first above written.


                                  SIZELER REAL ESTATE MANAGEMENT CO., INC.


                                  By:      /s/ Charles H. Peterson
                                     -------------------------------------
                                        Charles H. Peterson, President

                                   
                                  SIZELER PROPERTY INVESTORS, INC.


                                  By:       /s/ John J. Gilluly, Jr.
                                     --------------------------------------
                                     John J. Gilluly, Jr., Vice President/
                                       Treasurer   

                                       2
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           8,144
<SECURITIES>                                         0
<RECEIVABLES>                                   16,439
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                26,846
<PP&E>                                         255,223
<DEPRECIATION>                                (77,348)
<TOTAL-ASSETS>                                 210,625
<CURRENT-LIABILITIES>                           14,887
<BONDS>                                        100,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           139
<OTHER-SE>                                      88,756
<TOTAL-LIABILITY-AND-EQUITY>                   210,625
<SALES>                                         20,526
<TOTAL-REVENUES>                                21,177
<CGS>                                           14,985
<TOTAL-COSTS>                                   19,802
<OTHER-EXPENSES>                                 1,811
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,006
<INCOME-PRETAX>                                  1,375
<INCOME-TAX>                                       518
<INCOME-CONTINUING>                                857
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       857
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
# C_2023045EN.01001001.xml

| 6.2.2023 | EN | Official Journal of the European Union | C 45/10 |
| --- | --- | --- | --- |

6.2.2023

EN

Official Journal of the European Union

C 45/10

---

Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 November 2022 — LivaNova plc v Ministero dell’Economia e delle Finanze and Others

(Case C-713/22)

(2023/C 45/17)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Appellant: LivaNova plc

Respondents: Ministero dell’Economia e delle Finanze, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Presidenza del Consiglio dei ministri

Question referred

Does Article 3 of the Sixth Council Directive [82/891/EEC], (1) which (under Article 22 thereof) is also applicable to a division by the formation of new companies — in so far as it provides that (a) ‘where a liability is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, each of the recipient companies shall be jointly and severally liable for it’, and that (b) ‘Member States may provide that such joint and several liability be limited to the net assets allocated to each company’ — preclude an interpretation of the provision of national law in Article 2506-bis, third paragraph, of the Italian Civil Code according to which the joint and several liability of the recipient refers, in relation to ‘liabilities’ not allocated by the draft terms, not only to liabilities of a nature already determined, but also (i) to those identifiable in the harmful consequences, arising after the division, of conduct (by act or omission) occurring before the division itself or (ii) of subsequent conduct developing from it, which has an ongoing unlawful nature and causes environmental damage, the effects of which, at the time of the division, cannot yet be fully determined?

---

(1)  Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (OJ 1982 L 378, p. 47).

---