alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 10-561.

#### Samuel Y. Sung, et al., Petitioners v. Tae T. Choi, et al.

562 U.S. 1137, 131 S. Ct. 925,

178 L. Ed. 2d 752,

2011 U.S. LEXIS 268.

January 10, 2011.

Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied.

Same case below, 154 Wash. App. 303, 225 P.3d 425.
# C_2014061EN.01001002.xml

| 1.3.2014 | EN | Official Journal of the European Union | C 61/10 |
| --- | --- | --- | --- |

1.3.2014

EN

Official Journal of the European Union

C 61/10

---

Action brought on 12 December 2013 — Time v OHIM (InStyle)

(Case T-651/13)

2014/C 61/17

Language of the case: English

Parties

Parties

Applicant: Time Inc. (New York, United States) (represented by: D. Cañadas Arcas, lawyer)

Applicant:

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

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 20 September 2013 given in Case R 827/2013-2; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 20 September 2013 given in Case R 827/2013-2;

| — | Order the defendant to bear the costs of proceedings, including the costs of the appeal proceeding incurred before the Office. |
| --- | --- |

—

Order the defendant to bear the costs of proceedings, including the costs of the appeal proceeding incurred before the Office.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: The figurative trade mark for goods and services in Classes 9, 16 and 41 — Community trade mark application No 11 264 223

Community trade mark concerned:

Decision of the Examiner: Rejected partially the application

Decision of the Examiner:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) and Article 7(2) CTMR.

Pleas in law:

---
# C_2014071EN.01002002.xml

| 8.3.2014 | EN | Official Journal of the European Union | C 71/20 |
| --- | --- | --- | --- |

8.3.2014

EN

Official Journal of the European Union

C 71/20

---

Judgment of the General Court of 23 January 2014 — Novartis v OHIM (CARE TO CARE)

(Case T-68/13) (1)

(Community trade mark - Application for the Community word mark CARE TO CARE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

(2014/C 71/36)

Language of the case: English

Parties

Applicant: Novartis AG (Basle, Switzerland) (represented by: M. Douglas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh and J. Crespo Carrillo, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (Case R 953/2012-1), concerning an application for registration of the word sign CARE TO CARE as a Community trade mark.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Novartis AG to pay the costs. |
| --- | --- |

2.

Orders Novartis AG to pay the costs.

---

(1)  OJ C 108, 13.4.2013.

---
No. 10-257.

#### North County Communications Corp., Petitioner v. California Catalog & Technology, dba CTT Telecomms (OCN 573B), et al.

562 U.S. 1062, 131 S. Ct. 645,

178 L. Ed. 2d 479,

2010 U.S. LEXIS 9125.

November 29, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 594 F.3d 1149.
#### Mariana Vasconcello, Appellant, v Lee Lam, Respondent, et al., Defendant.

[49 NYS3d 473]

*760In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), dated June 19, 2015, which granted the oral application of the defendant Lee Lam pursuant to CPLR 4401, made at the close of the plaintiff’s case, for judgment as a matter of law dismissing the complaint insofar as asserted against him.

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted *(see*CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant Lee Lam.

The plaintiff commenced this action to recover damages for personal injuries against the defendant Lee Lam and another. At the close of the plaintiff’s case at a jury trial, Lee Lam made an oral application pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against him. In the order appealed from dated June 19, 2015, the Supreme Court granted Lee Lam’s oral application. The plaintiff appeals.

The Supreme Court properly granted Lee Lam’s oral application pursuant to CPLR 4401, made at the close of the plaintiff’s case, for judgment as a matter of law dismissing the complaint insofar as asserted against him. A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted when the trial court determines that, upon the evidence presented, there is “no rational process by which the jury could find in favor of the nonmoving party” *(Tapia v Dattco, Inc.,*32 AD3d 842, 844 [2006]; *see Szczerbiak v Pilat,*90 NY2d 553, 556 [1997]). “In considering such a motion, the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be considered in a light most favorable to the nonmovant” *(Tapia v Dattco, Inc.,*32 AD3d at 844 [internal quotation marks omitted]; *see Szczerbiak v Pilat,*90 NY2d at 556). Here, viewing the evidence in the light most favorable to the plaintiff, there is no rational process by which the jury could find in favor of the plaintiff and against Lee Lam. The plaintiff failed to present evidence that Lee Lam either created or had actual or constructive notice of the allegedly dangerous condition *(see Townsend v City of New York,*306 AD2d 401 [2003]).

The plaintiff’s remaining contention is not properly before us *761on this appeal (see *Leiner v Howard’s Appliance of Commack,*104 AD2d 634, 635 [1984]).

Eng, P.J., Leventhal, Cohen and Duffy, JJ., concur.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2695 Enrolled Bill (ENR)]

        H.R.2695

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                                 An Act

 
 To rename the Success Dam in Tulare County, California, as the Richard 
                             L. Schafer Dam.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. RENAMING OF DAM.
    (a) Renaming.--The Success Dam in Tulare County, California, shall 
hereafter be known and designated as the ``Richard L. Schafer Dam''.
    (b) References.--Any reference in any law, regulation, map, 
document, paper, or other record of the United States to the dam 
referred to in subsection (a) shall be considered to be a reference to 
the Richard L. Schafer Dam.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2656

   To amend title II of the Social Security Act to disregard certain 
contributions to ABLE accounts when determining an individual's ability 
   to engage in substantial gainful activity, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2019

Mr. Austin Scott of Georgia (for himself, Mr. Garamendi, Mrs. Hartzler, 
and Mr. Crawford) introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To amend title II of the Social Security Act to disregard certain 
contributions to ABLE accounts when determining an individual's ability 
   to engage in substantial gainful activity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ABLE Accounts for Veterans Act of 
2019''.

SEC. 2. CERTAIN CONTRIBUTIONS TO ABLE ACCOUNTS DISREGARDED IN 
              DETERMINATION OF SUBSTANTIAL GAINFUL ACTIVITY.

    (a) In General.--Section 223(d)(4) of the Social Security Act (42 
U.S.C. 423(d)(4)) is amended by adding at the end the following:
    ``(D) In determining when earnings derived from services 
demonstrate an individual's ability to engage in substantial gainful 
activity, in the case of earnings earned in a month by an individual 
who receives compensation for a service-connected disability for such 
month under chapter 11 of title 38, United States Code, the 
Commissioner of Social Security shall disregard an amount of such 
earnings equal to the amount of any contribution made by the individual 
in such month to a qualified ABLE program (as defined in section 529A 
of the Internal Revenue Code of 1986) established for the benefit of 
such individual.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to earnings earned for months beginning after the 
date that is 6 months after the date of the enactment of this Act.
                                 <all>
```
<PAGE>   1
                                                                    Exhibit 23.2



INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
33-18962, 333-05709, 333-50749 and 333-33266 on Form S-3 and Registration
Statement Nos. 33-91340 and 33-92918 on Form S-8 of Energy Conversion Devices,
Inc., of our report dated August 14, 2001, related to the financial statements
of Bekaert ECD Solar Systems LLC, appearing in Exhibit 99.1 to this Annual
Report on Form 10-K of Energy Conversion Devices, Inc. for the year ended June
30, 2001.

Deloitte & Touche LLP
Detroit, Michigan
September 28, 2001




                                      245
EXHIBIT 32.2
                                                                    ------------

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SS. 1350)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350),
the undersigned, David C. Kahn, Chief Financial Officer of Network-1 Security
Solutions, Inc., a Delaware corporation (the "Company"), does hereby certify to
his knowledge, that:

The Quarterly Report of Form 10-QSB for the quarter ended March 31, 2005 of the
Company (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Act of 1934, and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.





                                               /S/ DAVID C. KAHN
                                               -----------------------
                                               CHIEF FINANCIAL OFFICER
                                               MAY 13, 2005
TO: Ex parte communications, U.S. Department of Energy 

FROM: Keith Dennis, National Rural Electric Cooperative Association (NRECA 

DATE: September 6, 2013 

RE: NRECA’s Ex Parte Communication with DOE on June 11, 2013 

Teleconference summary 

Attendees: 

John Cymbalsky – DOE 

Jay Morrison – NRECA

Keith Dennis – NRECA

Julie Barkemeyer - NRECA

Issues Discussed: 

The attendees identified above met via teleconference on July 10, 2013, to discuss DOE’s 

proposed rulemaking to allow waivers from energy conservation standards for large (>55 

gallon) residential electric storage water heaters used in demand response and thermal energy 

storage programs (Docket No. EERE‐2012‐BT‐STD‐0022). 

In addition, NRECA specifically addressed the following: 

• Ongoing efforts to negotiate a potential compromise solution with environmental 

advocates and manufacturers and status of such negotiations.

• The potential for Congress to take action to address the waiver issue.
No. 10-625.

#### Keith O’Hara, et al., Petitioners v. Zurich American Insurance Company, et al.

562 U.S. 1139, 131 S. Ct. 943,

178 L. Ed. 2d 755,

2011 U.S. LEXIS 56.

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 604 F.3d 1232.
# Commander’s Cup winners announced following final event in series

/ Published Sept. 28, 2016
NEW CUMBERLAND, Pennsylvania, 
New Cumberland Family and Morale, Welfare and Recreation officially closed out its sixth annual Commander’s Cup, which ran from May 20 through September 23, with a 10k race.

The series consisted of seven total events spread out over four months, including: Armed Forces Day 5k; Basketball Hot Shot; Biathlon Adventure Race; Duathlon; Naughty Nine (Strength events), and the grand finale 10K.

The goal of the participating nine teams and individuals, comprising over 90 total participants, was to participate in as many events as possible to receive points.

The winners of the series were announced at an awards ceremony following the 10k Sept. 23.   

Trophies were awarded to Team Cold Steele, the top military team, and Team 3-Peat, the top civilian team.  The top military individual participants were Army Staff Sgt. Ryan Wilson and 1st Sgt. Stephanie Pinkney, while Eric Sweeny and Lindsey Hollenshed were named top civilian individual participants.

Trophies were also awarded to the top 3 male and female individual participants in the 10K Run. 

“A special ‘thank you’ to those who took part in the entire series and we look forward to making the years to come bigger and better!” said Shannon M. Bowman, MWR marketing manager.
#### R. S. Torr, *Plaintiff in Error,*vs. The State of Florida, *Defendant in Error.*

144 So. 839.

Division B.

Opinion filed December 6, 1932.

*Hendricks <& Hendricks,*for Plaintiff in Error.

*383*Cary D. Landis,*Attorney General, and *Boy Campbell,*Assistant, for the State.

Per Curiam.

Even if the information herein charges an offense under the statute when the essential language of the statute or its equivalent is not used in the information, the judgment of conviction of larceny of an automobile is predicated upon evidence that does not show a taking with felonious intent; and a new trial should have been granted. See Percifield v. State, 93 Fla. 247, 111 So. 379; Dean v. State, 41 Fla. 291, 26 So. 628; Cooper vs. State, 82 Fla. 365, 90 So. 375.

Eeversed.

Whitfield, P. J., and Terrell and Davis, J. J., concur.

Brown, J., concurs in the opinion and judgment.

Filed under Eule 21-A.
<PAGE>   1
                      EAC INDUSTRIES, INC. AND SUBSIDIARIES
                                   EXHIBIT 11
                    COMPUTATION OF EARNINGS PER COMMON SHARE


<TABLE>
<CAPTION>
                                                        Year Ended
                                                        January 31,
                                               -------------------------------
                                                  1997                  1996
                                               ----------           ----------
<S>                                            <C>                  <C>
NET (LOSS) INCOME                              $ (161,270)          $  129,195
                                               ==========           ==========
SHARES:
  Weighted average shares outstanding           2,311,687            2,311,687
  Other - options, warrants etc                        --                   --
                                               ----------           ----------
                                                2,311,687            2,311,687
                                               ==========           ==========
PRIMARY (LOSS) EARNINGS PER SHARE              $     (.07)          $      .06
                                               ==========           ==========
</TABLE>


                                 - Exhibit 11 -
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16651]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-315 and 50-316]


Indiana Michigan Power Company; Notice of Withdrawal of 
Application for Amendment to Facility Operating License

    The U.S. Nuclear Regulatory Commission (the Commission) has granted 
the request of Indiana Michigan Power Company (the licensee) to 
withdraw its November 16, 1994 application for proposed amendment to 
Facility Operating License Nos. DPR-58 and DPR-74, for the Donald C. 
Cook Nuclear Plant, Unit Nos. 1 and 2, located in Berrien County, 
Michigan.
    The proposed amendment would have revised the technical 
specifications to reduce the decay time required before refueling 
operations could begin.
    The Commission had previously issued a Notice of Consideration of 
Issuance of Amendment published in the Federal Register on December 21, 
1994 (59 FR 65816). However, by letter dated January 27, 1998, the 
licensee withdrew the proposed change.
    For further details with respect to this action, see the 
application for amendment dated November 16, 1994, and the licensee's 
letter dated January 27, 1998, which withdrew the application for 
license amendment. The above documents are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Maud Preston Palenske Memorial Library, 
500 Market Street, St. Joseph, MI 49085.

    Dated at Rockville, Maryland, this 15th day of June 1998.

    For the Nuclear Regulatory Commission.
John F. Stang,
Senior Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-16651 Filed 6-22-98; 8:45 am]
BILLING CODE 7590-01-P
# C_2014431EN.01002301.xml

| 1.12.2014 | EN | Official Journal of the European Union | C 431/23 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

C 431/23

---

Order of the General Court of 3 September 2014 — Shire Pharmaceutical Contracts v Commission

(Case T-583/13) (1)

1

((Action for annulment - Medicinal products for paediatric use - Regulation (EC) No 1901/2006 - Article 37 - Extension of the period of market exclusivity of off-patent orphan medicinal products - Act not amenable to review - Inadmissibility))

(2014/C 431/39)

Language of the case: English

Parties

Parties

Applicant: Shire Pharmaceutical Contracts Ltd (Hampshire, United Kingdom) (represented by: K. Bacon, Barrister, M. Utges Manley and M. Vickers, Solicitors)

Applicant:

Defendant: European Commission (represented by: A. Sipos and V. Walsh, acting as Agents)

Defendant:

Re:

Re:

Application for the annulment of the decision purportedly contained in the letter which the Commission sent to the applicant on 2 September 2013, as subsequently confirmed by the letter of 18 October 2013, concerning whether the medicinal product Xagrid was eligible for the reward provided for in Article 37 of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ 2006 L 378, p. 1)

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Shire Pharmaceutical Contracts Ltd is ordered to pay the costs. |
| --- | --- |

2.

Shire Pharmaceutical Contracts Ltd is ordered to pay the costs.

---

(1)  OJ C 377, 21.12.2013.

1

---
EXHIBIT 32.2

CERTIFICATION OF CHIEF
FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I,
William R. Walker, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of hi/fn, inc. on
Form 10-Q for the nine months ended June 30, 2006 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Quarterly Report on Form 10-Q fairly presents in all material respects
the financial condition and results of operations of hi/fn, inc.

|Date: August 9, 2006 |  | BY: /s/ William R. Walker
Name:  William R. WalkerTitle:  Chief Financial Officer
|-------------------- |  | -----------------------------------------------------------------------------------------------

---
No. D-2557.

#### In the Matter of Discipline of Thomas Dale Grabinski.

562 U.S. 816, 131 S. Ct. 408,

178 L. Ed. 2d 272,

2010 U.S. LEXIS 7500.

October 4, 2010.

Thomas Dale Grabin-ski, of Globe, Arizona, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, re*273quiring him to show cause why he should not be disbarred from the practice of law in this Court.
No. 10-291.

#### John Tyler Clemons, et al., Appellants v. Department of Commerce, et al.

562 U.S. 1105, 131 S. Ct. 821,

178 L. Ed. 2d 552,

2010 U.S. LEXIS 9702.

December 13, 2010.

On appeal from the United States District Court for the Northern District of Mississippi. Judgment vacated, and case remanded to United States District Court for the Northern District of Mississippi with instructions to dismiss the complaint for lack of jurisdiction.

Same case below, 710 F. Supp. 2d 570.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6612

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

NORMAN TYRONE DAIS,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Florence. Terry L. Wooten, District Judge. 

(4:03-cv-00386-TLW-1)

Submitted: July 22, 2010 Decided: August 3, 2010

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Norman Tyrone Dais, Appellant Pro Se. Rose Mary Sheppard 

Parham, Assistant United States Attorney, Florence, South 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Norman Tyrone Dais appeals the district court’s order 

denying his Fed. R. Civ. P. 60(b)(3) motion based on allegations 

of fraud, misrepresentation and misconduct. We have reviewed 

the record and find Dais did not establish misconduct by clear 

and convincing evidence or show that he was prevented from 

presenting his case. See Schultz v. Butcher, 24 F.3d 626, 630 

(4th Cir. 1994). Accordingly, we find the court did not abuse 

its discretion denying the motion. Id. We affirm the court’s 

order. We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process.

AFFIRMED