alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013367EN.01003202.xml

| 14.12.2013 | EN | Official Journal of the European Union | C 367/32 |
| --- | --- | --- | --- |

14.12.2013

EN

Official Journal of the European Union

C 367/32

---

Action brought on 7 October 2013 — Vakoma v OHIM — VACOM (VAKOMA)

(Case T-535/13)

2013/C 367/57

Language in which the application was lodged: German

Parties

Parties

Applicant: Vakoma GmbH (Magdeburg, Germany) (represented by: P. Kazzer, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: VACOM Vakuum Komponenten & Messtechnik GmbH (Jena, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Reject opposition No B1 833 915 as unfounded by annulling the decision of the First Board of Appeal of OHIM of 1 August 2013 (Case R 0908/2012-1), which was notified to the applicant on 6 August 2013, and by annulling the decision of the Opposition Division of OHIM of 12 March 2012; |
| --- | --- |

—

Reject opposition No B1 833 915 as unfounded by annulling the decision of the First Board of Appeal of OHIM of 1 August 2013 (Case R 0908/2012-1), which was notified to the applicant on 6 August 2013, and by annulling the decision of the Opposition Division of OHIM of 12 March 2012;

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Applicant for a Community trade mark:

Community trade mark concerned: the figurative mark ‘VAKOMA’ for goods and services in Classes 7, 40 and 42 — Community trade mark application No 9 437 963

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: VACOM Vakuum Komponenten & Messtechnik GmbH

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the Community word mark ‘VACOM’ for goods in Classes 7, 9 and 42

Mark or sign cited in opposition:

Decision of the Opposition Division: the opposition was upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009

Pleas in law:

---
No. 10-7421.

#### P. E., Petitioner v. Utah.

562 U.S. 1183, 131 S. Ct. 1004,

178 L. Ed. 2d 835,

2011 U.S. LEXIS 838.

January 18, 2011.

Petition for writ of certiorari to the Court of Appeals of Utah denied.
# C_2013260EN.01005001.xml

| 7.9.2013 | EN | Official Journal of the European Union | C 260/50 |
| --- | --- | --- | --- |

7.9.2013

EN

Official Journal of the European Union

C 260/50

---

Action brought on 22 July 2013 — Innovation First/OHIM (NANO)

(Case T-379/13)

2013/C 260/89

Language of the case: English

Parties

Parties

Applicant: Innovation First, Inc. (Greenville, United States) (represented by: J. Zecher, lawyer)

Applicant:

Defendant: Office for Harmonisation 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 First Board of Appeal of the defendant of April 19, 2013 in the matter R 1271/2012-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the defendant of April 19, 2013 in the matter R 1271/2012-1;

| — | Order the defendant to pay the costs of the proceedings, including the cost of the appeal proceeding before the defendant. |
| --- | --- |

—

Order the defendant to pay the costs of the proceedings, including the cost of the appeal proceeding before the defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘NANO’ for goods and services in classes 9, 28 and 41 — Community trade mark application No 9 157 421

Community trade mark concerned:

Decision of the Examiner: Rejected the CTM 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 Articles 75 and 37(3) of Council Regulation No 207/2009, Rule 50(2)(h) of Regulation No 2868/95 and Articles 76 and 7(1)(b) and (c) of Council Regulation No 207/2009.

Pleas in law:

---
No. 10-7789.

#### Gabriel Rivera-Rodriguez, Petitioner v. United States.

562 U.S. 1161, 131 S. Ct. 968,

2011 U.S. LEXIS 564.

178 L. Ed. 2d 796,

January 10, 2011.

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

Same case below, 617 F.3d 581.
<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

I, Byron L. Bergren, President and Chief Executive Officer of The Elder-Beerman
Stores Corp., (the "Company"), do hereby certify in accordance with 18. U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to my knowledge:

         The Annual Report on Form 10-K of the Company for the year ended
         February 1, 2003 (the "Periodic Report") fully complies with the
         requirement of section 13 (a) or 15 (d) of the Securities Exchange Act
         of 1934 (15 U.S.C. 78m or 78o(d)) and

         The information contained in the Periodic Report fairly present, in all
         material respects, the financial condition and results of operation of
         the Company.

Dated:  April 18, 2003


                                         /s/ Byron L. Bergren
                                         --------------------------------------
                                         Byron L. Bergren
                                         President and Chief Executive Officer
# Ogden material supply technician named DLA Aviation’s November Employee of the Month

/ Published Jan. 13, 2016
RICHMOND, Virginia, 
Defense Logistics Agency Aviation’s November Employee of the Month (EOM) is Gregory LaRue. He serves as a material support technician for the Customer Operations Directorate of DLA Aviation at Ogden, Utah. DLA Aviation Commander Air Force Brig. Gen. Allan Day presented the award to LaRue during a ceremony via video teleconference Jan. 6.

Cresencio Rivera is LaRue’s supervisor and nominated him for the award. In his write up, Rivera highlighted LaRue’s outstanding work spearheading a reorganization of the Commodities Branch Shop Service Center (SSC) that directly supports seven weapon systems and 37 production numbers, totaling more than 1,900 details and valued at $12.2 million. 

 LaRue also researched 430 duplicate locations, consolidating like national stock numbers for non-shelf life items. His tireless efforts led to a 50 percent decrease in inventory time. In addition, LaRue researched more than 600 door-to-floor issues, implementing levels on 221 NSNs not previously warehoused in the SSC.  His endeavors not only provided the SSC with a 30-day supply of parts for customers, but also reduced wait time by two days and increased order response time by 6.4 percent.

 LaRue said he is humbled for being recognized with such an award for doing what he loves to do. “I am very honored to be submitted by my supervisor, and to actually be selected for the EOM. I never even gave this a thought, as I come in to work and do the very best I can every day to make a difference in my world of DLA. I always try to be positive and strive to help others, but this is truly a great start to my New Year,” said LaRue.
# Okinawa-based crane operator honored

/ Published Feb. 8, 2023
BATTLE CREEK, Mich., 
Takashi Shimabukuro has served as a Defense Logistics Agency Disposition Services material handling equipment operator at the agency’s property disposal field office on the Japanese island of Okinawa for the past 33 years. 

For his expert warfighter assistance as a tracked crane operator responsible for demilitarizing and destroying unwanted equipment and vehicles, Shimabukuro was recently named Employee of the Quarter for the first quarter of fiscal 2023.

“I enjoy the challenge of taking something that seems impossible to mutilate and then figuring out a way to demolish those items quickly and safely,” he said. “I like to see the results of all the training that I have had over the years. I enjoy seeing that the training – especially of heavy equipment operation – is called upon almost daily to clear DEMIL-required and mutilation-required property.” 

Shimabukuro said he enjoys working with his site colleagues – from management on down to those he interacts with daily and he credited his team with the willingness and ability to step up and pitch in whenever extra effort is required.

“All my coworkers are good at their jobs,” Shimabukuro said. “To be honest, any one of us could have been nominated, however, I think I may have stood out the past few months because I have been asked to give my expert opinion on several bulk turn-ins and was able to perform site visits to help the customers before, during and after they turned their property in.”

Shimabukuro’s visits to Army and Air Force vehicle maintenance units and his inspections of trucks, busses and material handling equipment allowed the services to clear items from its inventory that it had been trying to remove for several years, according to Shimabukuro’s supervisor, Property Disposal Specialist Hunter Higgins.

He also worked directly with more than 200 customers during the quarter, mutilated 36,000 pounds of equipment and saved the agency thousands of dollars in disposal costs by engineering an efficient method of removing metal fittings from almost 100,000 pounds of thick rubber hose.

“His work ethic is truly phenomenal,” Higgins wrote. “A true professional who sets the example for others to emulate.”

Shimabukuro’s additional training for Japanese scrap contract firms was credited with increasing site productivity, improving safety and helping material quickly flow through the system.

“I am honored to be a part of an outstanding organization,” Shimabukuro said.
[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Page 3783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1725]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Draft Environmental Impact Statement; Letcher County, Kentucky

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Withdrawal of Draft Environmental Impact Statement 
(DEIS).

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

SUMMARY: The FHWA is issuing this notice to advise the public that a 
final environmental impact statement (FEIS) will not be prepared for 
the proposed highway project in Letcher County, Kentucky. This is a 
formal withdrawal of the draft environmental document from the public 
record.

FOR FURTHER INFORMATION CONTACT:
Jesse A. Story, Division Administrator, Federal Highway Administration, 
330 W. Broadway, John C. Watt Federal Building, Frankfort, Kentucky 
40602, Telephone: (502) 223-6720.

SUPPLEMENTARY INFORMATION: The FHWA in cooperation with the Kentucky 
Transportation Cabinet (KYTC) will not prepare a Final Environmental 
Impact Statement (FEIS) on the proposal to improve U.S. 119 in Letcher 
County, Kentucky. The original DEIS for the improvements (SSP 067 0119 
009-018 018 D) was approved for pubic circulation on August 4, 1994. 
The scope of this project was identified as a 12-mile long major 
reconstruction and relocation of US 119 from Partridge, Kentucky to 
Whitesburg, Kentucky. Several new alternates were evaluated in this 
DEIS.
    Based on an evaluation of the potentially significant environmental 
consequences and coupled with public and resource agency comments, the 
KYTC has reevaluated the proposed project and has determined that a 
reduced scope of work to provide a basic replacement of the two-lane 
facility with safety upgrades would substantially meet the purpose and 
need for the project. Since the reduced scope of work for the proposed 
project essentially negates the information contained in the DEIS, the 
FHWA is withdrawing the August 4, 1994 DEIS. The FHWA anticipates that 
no significant impacts will result from the proposed actions and that a 
FONSI will be issued.

    Authority: 23 U.S.C. 315; 49 CFR 1.48.

    Issued on: January 16, 1998.
Jesse A. Story,
Division Administrator, Frankfort, Kentucky.
[FR Doc. 98-1725 Filed 1-23-98; 8:45 am]
BILLING CODE 4910-12-M
# C_2014078EN.01001302.xml

| 15.3.2014 | EN | Official Journal of the European Union | C 78/13 |
| --- | --- | --- | --- |

15.3.2014

EN

Official Journal of the European Union

C 78/13

---

Action brought on 24 December 2013 — Lidl Stiftung v OHIM — Horno del Espinar (Castello)

(Case T-715/13)

2014/C 78/27

Language in which the application was lodged: English

Parties

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Horno del Espinar, SL (El Espinar, Spain)

Other party to the proceedings before the Board of Appeal:

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 1 October 2013 given in Case R 2338/2012-2; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 1 October 2013 given in Case R 2338/2012-2;

| — | Order the defendant to pay the costs of proceedings. |
| --- | --- |

—

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark containing the verbal element ‘Castello’ for goods in Classes 29, 30 et 31 — Community trade mark application No 6 819 941

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community trade mark registration No 4 199 907 for goods and services in Classes 30, 35 and 39 and Spanish trade marks for goods and services in Classes 30, 35 and 39

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 75, 79 and 8(1)(b) CTMR.

Pleas in law:

---
# C_2015026EN.01004401.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/44 |
| --- | --- | --- | --- |

26.1.2015

EN

Official Journal of the European Union

C 26/44

---

Judgment of the Civil Service Tribunal (1st Chamber) of 2 December 2014 — Migliore v Commission

(Case F-110/13) (1)

1

((Promotion - Certification procedure - 2013 procedure - Exclusion of the applicant from the definitive list of officials authorised to follow the training programme - Article 45a of the Staff Regulations))

(2015/C 026/57)

Language of the case: French

Parties

Parties

Applicant: Nunzio Migliore (Sterrebeek, Belgium) (represented by: S. Rodrigues, A. Tymen and A. Blot, lawyers)

Applicant:

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Defendant:

Re:

Re:

Application for annulment of the Commission’s decision excluding the applicant from the list of candidates authorised to participate in the ‘certification’ training programme in 2013.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

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

1.

Dismisses the action;

| 2. | Declares that Mr Migliore is to bear his own costs and orders him to pay the costs incurred by the European Commission. |
| --- | --- |

2.

Declares that Mr Migliore is to bear his own costs and orders him to pay the costs incurred by the European Commission.

---

(1)  OJ C 24, 25.1.2014, p. 41.

1

---
<PAGE>

                                                                      EXHIBIT 32

                    SECTION 906 CERTIFICATION OF THE CEO/CFO

                             EMS TECHNOLOGIES, INC.

                                CERTIFICATION OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER

      Each of the undersigned Chief Executive Officer and Chief Financial
Officer of EMS Technologies, Inc. hereby individually certifies that the Annual
Report on Form 10-K of the Company for the year ended December 31, 2004, to
which this Certification is attached, fully complies with the requirements of
Section 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained in such Report fairly presents, in all material respects,
the financial condition and results of operations of EMS Technologies, Inc.

In witness whereof, each of the undersigned has executed and delivered this
Certification on this 31st day of March, 2005.

/s/ Alfred G. Hansen                       /s/ Don T. Scartz
-----------------------                    -----------------------
Alfred G. Hansen                           Don T. Scartz
Chief Executive Officer                    Chief Financial Officer
EMS Technologies, Inc.                     EMS Technologies, Inc.
United States Court of Appeals 

For the Seventh Circuit 

Chicago, Illinois 60604 

September 4, 2019 

Before 

WILLIAM J. BAUER, Circuit Judge 

DAVID F. HAMILTON, Circuit Judge 

AMY J. ST. EVE, Circuit Judge

No. 18-2932 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

v. 

STEVEN A. ADAMS, 

Defendant-Appellant. 

 

 Appeal from the United States District 

Court for the Central District of Illinois. 

No. 4:17-CR-40062 

James E. Shadid, 

Judge. 

O R D E R 

Upon consideration of the MOTION TO CORRECT OPINION, filed on August 

20, 2019, by counsel for the plaintiff-appellee United States of America, 

IT IS ORDERED that the motion is GRANTED. On page sixteen, the first full 

paragraph is CORRECTED to read: “Following this surviving portion of Raupp, as 

applied to inchoate controlled substance offenses, we find no error in the district court’s 

use of a base offense level of 20 under § 2K2.1(a) of the Sentencing Guidelines.”
No. 10-7444.

#### Majed Subh, Petitioner v. Wal-Mart Stores East, L.P.

562 U.S. 1184, 131 S. Ct. 1005,

178 L. Ed. 2d 836,

2011 U.S. LEXIS 721.

January 18, 2011.

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

Same case below, 386 Fed. Appx. 29.
I ACE TRAVEL r.^p^Qcy -r^m i NEW YORK OFFICE 

D 18 East 41st Street, 3rd Floor, New York, NY 10017 

Phone:212-972-3200 

- Toll Free: (800) 872-4223 

Fax:212-286-9046 

March 9, 2010 

The Honorable Ray La Hood 

Secretary 

United States Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 

20590 

Subject: Haneda Combination Services Allocation Proceeding DOT-OST-2010-0018 

Dear Secretary LaHood: 

As a dedicated travel partner of American Airlines, I am writing in support of 

American's application to provide new sen/ice from New York's John F. Kennedy 

International Airport to Tokyo International Airport at Haneda. 

I recognize and applaud you and the Obama administration for your success lost 

December in reaching a landmark Open Skies agreement with Japan, which opens 

up Haneda to service by U.S. airlines. 

I encourage your selection of American Airlines to provide nonstop service from New 

York to Haneda in order to provide on essential connection between two of the 

world's financial centers 

Recent events, including the successful presen/ation of Japan Airlines' oneworld 

Alliance membership, have underscored American's strong commitment to the 

trans-Pacific market. American is likewise committed to the greater New York 

community and has provided New York with unsurpassed air service since the 1930s. 

The New York Metropolitan area will gain a significant economic benefit from these 

proposed new flights, as will American's customers and employees. However, we 

need your hrelp to make the JFK/Haneda connection a reality. 

Therefore, I strongly urge you to soy yes to American Airlines and its request for slots 

to fly from Kennedy to Haneda! 

Sincerely, 

Doisuke Soso 

Manager, New York Headquarters
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          FEB-28-1997
<PERIOD-END>                               FEB-28-1997
<CASH>                                             854
<SECURITIES>                                         0
<RECEIVABLES>                                   11,589
<ALLOWANCES>                                       237
<INVENTORY>                                      2,719
<CURRENT-ASSETS>                                18,362
<PP&E>                                           8,738
<DEPRECIATION>                                   6,258
<TOTAL-ASSETS>                                  22,309
<CURRENT-LIABILITIES>                            8,814
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,303
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    23,309
<SALES>                                         21,884
<TOTAL-REVENUES>                                21,884
<CGS>                                           16,142
<TOTAL-COSTS>                                    4,546
<OTHER-EXPENSES>                                    57
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,247
<INCOME-PRETAX>                                  (108)
<INCOME-TAX>                                      (88)
<INCOME-CONTINUING>                               (20)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (20)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
#### People v Irizarry

1st Dept: 135 AD3d 641 (NY)

denied 8/1/16 (Rivera, J.)
No. 10-251.

#### Experian Information Solutions, Inc., Petitioner v. Maria E. Pintos.

562 U.S. 1134, 131 S. Ct. 900,

178 L. Ed. 2d 747,

2011 U.S. LEXIS 450.

January 10, 2011.

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

Same case below, 605 F.3d 665.