alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013336EN.01002801.xml

| 16.11.2013 | EN | Official Journal of the European Union | C 336/28 |
| --- | --- | --- | --- |

16.11.2013

EN

Official Journal of the European Union

C 336/28

---

Action brought on 18 September 2013 — May v OHIM — Constantin Film Produktion (WINNETOU)

(Case T-501/13)

2013/C 336/59

Language in which the application was lodged: German

Parties

Parties

Applicant: Karl May Verwaltungs- und Vertriebs- GmbH (Bamberg, Germany) (represented by: M. Pejman, 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: Constantin Film Produktion GmbH (Munich, 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:

| — | Annul the decision of the First Board of Appeal of 9 July 2013 in Case R 125/2012-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of 9 July 2013 in Case R 125/2012-1;

| — | 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

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘WINNETOU’ for goods and services in Classes 3, 9, 14, 16, 18, 21, 24, 25, 28, 29, 30, 39, 41, 42 and 43 (Community trade mark No 2 735 017)

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: the applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: Constantin Film Produktion GmbH

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7 of Regulation No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: the application for a declaration of invalidity was rejected

Decision of the Cancellation Division:

Decision of the Board of Appeal: the Cancellation Division’s decision was annulled and the Community trade mark was declared invalid in part

Decision of the Board of Appeal:

Pleas in law: Infringement of the principle of the autonomy and independence of the Community trade mark and of the Community trade mark regime and infringement of Articles 76 and 7(1)(b) and (c) of Regulation No 207/2009

Pleas in law:

---
No. 10-6317.

#### Gregory Marshall, Petitioner v. Robert Friend, et al.

562 U.S. 1196, 131 S. Ct. 1040,

178 L. Ed. 2d 858,

2011 U.S. LEXIS 640.

January 18, 2011.

Petition for rehearing denied.

*859Former decision, 562 U.S. 1032, 131 S. Ct. 572, 178 L. Ed. 2d 419, 2010 U.S. LEXIS 8776.
No. 10-7237.

#### Sylvester Barbee, Petitioner v. Correctional Medical Services, et al.

562 U.S. 1148, 131 S. Ct. 927,

178 L. Ed. 2d 772,

2011 U.S. LEXIS 178.

January 10, 2011.

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

Same case below, 394 Fed. Appx. 337.
EXHIBIT (31)(a)

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I,
William L. Gipson, certify that:

1.     I
have reviewed this annual report on Form 10-K of The Empire District Electric Company;

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 officers 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and we have:



5.     The
registrant's other certifying officers 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):



Date:
February 19, 2010

By:

/s/ William L. Gipson


Name:

William L. GipsonTitle:

President and Chief Executive Officer


---



QuickLinks
No. 10M57.

#### Henry A. Williams, Petitioner v. United States.

562 U.S. 1131, 131 S. Ct. 974,

178 L. Ed. 2d 743,

2011 U.S. LEXIS 221.

January 10, 2011.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
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# allegiant'· August 22, 2014 U.S. Department ofTransportation Docket Operations, M-30 West Building, Ground Floor Room W12-140 1200 New Jersey Avenue SE Washington, DC 20590 RE: Docket No. FAA-2014-0453; Directorate Identifier 2013-NM-205-AD To Whom It May Concern; AllegiantAir requests the FAA revise the initial compliance time for the initial inspection required per para (g)(3) to note not to exceed 44,000 flight cycles, or 88,000 flight hours, whichever occurs first, in lieu of30,700 flight cycles, or 55,400 flight hours. Per the proposed rulemaking document, the FAA has identified a grace period for aircraftthathave..exceeded these intervals per para (g)(l). In addition the FAA notes in para (g)(2) notto exceed intervals of45,000 flight cycles, or 91, 000 flight hours. An equivalentlevel ofsafety would be maintained bythe initial inspection intervals proposed byAllegiant for para (g)(3) as they are less than the "notto exceed" intervals in proposed para (g)(2.) Respectfully Submitted,

Christopher House Manager, Governmental Affairs Allegiant Travel Company



# •• '0

.... . ' •••• G Travel isour**deal~"** 

# - 8360 S. Durango Drive · Las Vegas, Nevada 89113 702.851.7300 ' 702.851.7301 allegiant.com
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

AVKARE, INC.,

Plaintiff-Appellant

v.

UNITED STATES,

Defendant-Appellee

______________________ 

2016-1630

______________________ 

Appeal from the United States Court of Federal 

Claims in No. 1:15-cv-01015-EDK, Judge Elaine Kaplan.

______________________ 

JUDGMENT

______________________ 

JAMES S. PHILLIPS, Argus Legal, PLLC, McLean, VA, 

argued for plaintiff-appellant. Also represented by JAMES 

S. DELSORDO, Manassas, VA.

 JAMES WILLIAM POIRIER, Commercial Litigation 

Branch, Civil Division, United States Department of 

Justice, Washington, DC, argued for defendant-appellee. 

Also represented by MARTIN F. HOCKEY, JR., ROBERT E.

KIRSCHMAN, JR., BENJAMIN C. MIZER; MAURA CATHERINE 

BROWN, ELYSE M. GRIFFITHS, Office of General Counsel, 

United States Department of Veterans Affairs, Hines, IL.
 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (NEWMAN, MOORE, and WALLACH, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 January 27, 2017 /s/ Peter R. Marksteiner 

 Date Peter R. Marksteiner

 Clerk of Court
[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Presidential Documents]
[Page 32711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16139]




                        Presidential Documents 



Federal Register / Vol. 63, No. 115 / Tuesday, June 16, 1998 / 
Presidential Documents

[[Page 32711]]


                Presidential Determination No. 98-29 of June 3, 1998

                
Waiver and Certification of Statutory Provisions 
                Regarding the Palestine Liberation Organization

                Memorandum for the Secretary of State

                Pursuant to the authority vested in me under section 
                539(d) of the Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1998, Public Law 
                105-118, I hereby determine and certify that it is 
                important to the national security interests of the 
                United States to waive the provisions of section 1003 
                of the Anti-Terrorism Act of 1987, Public Law 100-204, 
                through November 26, 1998.

                You are authorized and directed to transmit this 
                determination to the Congress and to publish it in the 
                Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, June 3, 1998.

[FR Doc. 98-16139
Filed 6-15-98; 8:45 am]
Billing code 4710-10-M
[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Page 35931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17722]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Sunshine Act Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that at 3:47 p.m. on 
Friday, June 26, 1998, the Board of Directors of the Federal Deposit 
Insurance Corporation met in closed session to consider (1) matters 
relating to the Corporation's supervisory activities, and (2) an 
administrative enforcement proceeding.
    In calling the meeting, the Board determined, on motion of Director 
Ellen S. Seidman (Director, Office of Thrift Supervision), seconded by 
Vice Chairman Andrew C. Hove, Jr., concurred in by Director Julie L. 
Williams (Acting Comptroller of the Currency), and Chairman Donna 
Tanoue, that Corporation business required its consideration of the 
matters on less than seven days' notice to the public; that no earlier 
notice of the meeting was practicable; that the public interest did not 
require consideration of the matters in a meeting open to public 
observation; and that the matters could be considered in a closed 
meeting by authority of subsections (c)(4), (c)(6), (c)(8), and 
(c)(9)(A)(ii) of the ``Government in the Sunshine Act'' (5 U.S.C. 
552b(c)(4), (c)(6), (c)(8), and (c)(9)(A)(ii)).
    The meeting was held in the Board Room of the FDIC Building located 
at 550--17th Street, N.W., Washington, D.C.

    Dated: June 29, 1998.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 98-17722 Filed 6-26-98; 3:56 pm]
BILLING CODE 6714-01-M
# C_2013367EN.01003701.xml

| 14.12.2013 | EN | Official Journal of the European Union | C 367/37 |
| --- | --- | --- | --- |

14.12.2013

EN

Official Journal of the European Union

C 367/37

---

Action brought on 22 October 2013 — Verband der Kölnisch-Wasser Hersteller, Köln v OHIM (Original Eau de Cologne)

(Case T-556/13)

2013/C 367/66

Language in which the application was lodged: German

Parties

Parties

Applicant: Verband der Kölnisch-Wasser Hersteller, Köln eV (Cologne, Germany) (represented by: T. Schulte-Beckhausen, 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 Fourth Board of Appeal of OHIM of 21 August 2013 (Case R 2064/2012-4); |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of OHIM of 21 August 2013 (Case R 2064/2012-4);

| — | Order the defendant to pay the costs including those incurred in the appeal proceedings. |
| --- | --- |

—

Order the defendant to pay the costs including those incurred in the appeal proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Original Eau de Cologne’ for goods in Class 3 — Community trade mark application No 10 787 794

Community trade mark concerned:

Decision of the Examiner: the application was rejected

Decision of the Examiner:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009

Pleas in law:

---
# C_2015089EN.01002101.xml

| 16.3.2015 | EN | Official Journal of the European Union | C 89/21 |
| --- | --- | --- | --- |

16.3.2015

EN

Official Journal of the European Union

C 89/21

---

Judgment of the General Court of 29 January 2015 — Blackrock v OHIM (SO WHAT DO I DO WITH MY MONEY)

(Case T-609/13) (1)

1

((Community trade mark - Application for the Community word mark SO WHAT DO I DO WITH MY MONEY - Mark consisting of an advertising slogan - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 089/23)

Language of the case: English

Parties

Parties

Applicant: Blackrock, Inc. (Wilmington, Delaware, United States) (represented by: S. Malynicz, Barrister, and K. Gilbert and M. Blair, Solicitors)

Applicant:

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

Defendant:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 September 2013 (Case R 572/2013-4), concerning an application for registration of the word sign SO WHAT DO I DO WITH MY MONEY as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Blackrock, Inc. to pay the costs. |
| --- | --- |

2.

Orders Blackrock, Inc. to pay the costs.

---

(1)  OJ C 24, 25.1.2014.

1

---
#### 570 Smith Street Corp. et al., Respondents, v Seneca Ins. Company, Inc., Appellant, et al., Defendant.

[50 NYS3d 57]

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 23, 2016, which directed defendant insurer to produce documents that it had claimed were subject to the attorney-client privilege, unanimously reversed, on the law and facts, with costs, and the directive vacated.

In this action for breach of contract based on defendant insurer’s failure to pay benefits due under an insurance policy, plaintiffs objected, in a letter to Supreme Court, to defendant’s withholding of certain correspondence between it and its counsel on the ground that it was protected by the attorney-client privilege. Following an in camera inspection, the court directed defendant to produce the documents to plaintiff.

Following our own in camera review of the correspondence between defendant and its counsel, we conclude that it is protected by the attorney-client privilege, as the correspondence is predominantly of a legal character *(see Rossi v Blue Cross & Blue Shield of Greater N.Y.,*73 NY2d 588, 593 [1989]).

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.
Exhibit 23.1
                            ------------

                CONSENT OF INDEPENDENT ACCOUNTANTS

               We consent to the incorporation by reference in the
registration statements of Viskase Companies, Inc. and subsidiaries on
Form S-8 (File Nos. 333-10689 and 333-12829) of our report dated March 26,
2001, on our audits of the consolidated financial statements and financial
statement schedule of Viskase Companies, Inc. and Subsidiaries as of
December 31, 2000 and 1999, and for the years ended December 31, 2000 and
December 31, 1999 and the period December 26, 1997 to December 31, 1998,
which reports are included in the annual report on Form 10-K.




Chicago, Illinois
March 26, 2001
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ERIC A, Plaintiff - Appe lle e , v. REB EKAH FOUQUET, De fe nda

nt - Appe lla

nt. No. 15-10309

D.C . No. 2:12-c r-00453-APG M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ne v a da Andre w P. Gordon, Distric t Judge , Pre siding Subm itte d July 18, 2016 ** B e fore : PREGER SON, LEAVY, a nd OW ENS, C irc uit Judge s. R e be ka h Fouque t a

ppe a ls from the distric t c ourt’ s orde r de ny ing he r m otion for se nte nc e re duc tion under 18 U.S.C . § 3582(c )(2). W e have jurisdic tion under 28 U.S.C . § 1291, a

n d we a ffirm . 

# FIL ED JUL 20 2016 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Fouque t c onte n ds tha t the distric t c ourt e rre d in holding tha t it la c ke d a uthority to gra nt he r re que st for a

se nte nc e re duc tion unde r Am e ndm e nt 782 to the Guide line s. W e re vie w de novo whe the r a de fe nda nt is e ligiblefor a

se nte nc e re duc t ion. Se eUnite d State s v . Le nie ar , 574 F.3d 668, 672 (9th C ir. 2009). A distric t c o urt m ay only

re duc e a se nte nc e unde r se c tion 3582(c )(2) whe n the de fe nda nt’ s a pplic a b l e Guide line s ra

nge ha s be e n lowe re d. S

e e18 U.S.C . § 3582(c )(2); U.S.S.G. § 1B 1.10(a )(2)(B ), c m t. n.1(A); Le nie ar , 574 F.3d a t 673-74. As the distric t c ourt found, Am e ndm e nt 782 did not lowe r Fouque t’ s Guide line s range . Thus, notwithsta

nding Fouque t’ s polic y

and e quity -ba se d a

rgum e nts, the distric t c o urt prope rly

de nie d he r m otion. M ore ove r, c ontra ry to Fouque t’ s c onte ntion, therule of le nity doe s not a ssist he r be c a

use se c tion 3582(c )(2) is una m biguous. Se eBifulc o v . Unite d State s , 447 U.S. 381, 387 (1980) (rule of le nity a pplie s only

whe n a sta tute is a m biguous). AFFIRM E D.

1 5 - 1 0 3 0 9 2
No. 10-244.

#### The Travelers Indemnity Company, et al., Petitioners v. Chubb Indemnity Insurance Company, et al.

562 U.S. 1082, 131 S. Ct. 644,

2010 U.S. LEXIS 9368.

178 L. Ed. 2d 512,

November 29, 2010.

Motion of Brady C. Williamson for leave to file a brief as *513amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Justice Sotomayor took no part in the consideration or decision of this motion and this petition.

Same case below, 600 F.3d 135.
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00689- CV
J. M., Appellant
v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 403 RD JUDICI AL DISTRICT NO. D-1 -EX- 14- 0006 72, H ONO RAB LE B RENDA KENNEDY , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellant J .M. filed a notice of appe al challeng ing “an order signe d September 29, 2014” in hi s underlying suit see king e x punction of records. Howeve r, t here is no signe d order on his petition for expunction of rec ords in th e cl er k ’s re cord or in the supplemental cler k’s rec ord, only a September 24, 2014 docket entry . A d o ck et en try does not constitute a written order
. In re Burlington Coat Factory W arehouse of McAllen, Inc ., 167 S.W .3d 827, 83 1 (T ex . 2 0 05) (orig
. proce eding ); see also Unifund CC R Partners v. Hac kman , No. 05-06-01139- CV, 2007 Tex. App. L EXI S 1118, at * 1-2 (Tex. App.—Dallas Fe b. 15, 2007, no pet.) (mem. op.). Without a final judgme nt or an otherwise appea lable order , we may not exercise appellate jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014; Lehmann v. Har- Con Corp. , 39 S.W .3d 191, 195 (Tex. 2001).On October 31, 2014, this Court reque sted that J .M. file a wr i t t en

response demonstratingthis Court’s jurisdi ction over his appe al. J .M.’s response failed to do so. 1 Acc ording ly , we dismiss this appeal for w ant of jurisdiction. See Tex. R. App. P . 42.3(a)
.

J eff Rose, J ustice Be fore Chief Justice Jones, J ustices Rose and Goodw in Dismissed for Want of J urisdiction Filed: De cembe r 3, 2014

J .M. reque sted and re ceive d an extension of time to file his response. 1 2
No. 10-238.

No. 10-239.

#### Arizona Free Enterprise Club’s Freedom Club PAC, et al., Petitioners v. Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al. John McComish, et al., Petitioners v. Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al.

562 U.S. 1060, 131 S. Ct. 644,

178 L. Ed. 2d 476,

2010 U.S. LEXIS 9163.

November 29, 2010.

Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Same cases below, 611 F.3d 510.