alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
52 CCPA

#### DAVID CRYSTAL, INC., Appellant, v. BUDD & VOTAW, Appellee.

Patent Appeal No. 7432.

United States Court of Customs and Patent Appeals.

June 17, 1965.

Rich and Smith, JJ., dissented.

Arthur H. Seidel and Edward Gonda, Philadelphia, Pa., for appellant.

Joseph E. Trabucco, San Francisco, Cal., for appellees.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

WORLEY, Chief Judge.

Budd & Votaw seek registration of “Fog Cutter” for mens’ and boys’ jackets, raincoats, shirts and sweaters, alleging use since 1961. David Crystal, Inc., opposes on prior registrations of “Foggers” and “British Foggers” for ladies’ and misses’ dresses, coats, dress and jacket ensembles, suits, blouses, slacks, coveralls and jumpers. In dismissing the opposition the Trademark Trial and Appeal Board stated:

> Applicant’s mark “Fog Cutters” and opposer’s marks “Foggers” and “British Foggers” manifestly differ substantially in both appearance and sound, and they convey distinctly different commercial impressions. In view thereof, it is our opinion that there is no reasonable likelihood of purchaser confusion, mistake or deception.

No testimony was taken regarding channels of trade, quality or prices of the competing goods, the parties merely submitting on the record and briefs.

We agree with the board’s assumption that the goods are of such nature as to be made by a single manufacturer and *624probably sold through the same trade channels. We also agree that application of the competing marks to the respective goods would not result in any likelihood of confusion.

 Here, as in all such cases, the competing marks have *something*in common, else there would be no contest. In this instance, opposer dissects his allegedly arbitrary mark “Foggers” into “fog” and “er” in an attempt to establish confusion. We do not think purchasers would be prone to follow that course when the marks are viewed as a whole, as they must be. The fact that applicant’s mark is applied to *mens’*apparel, and opposer’s mark to *ladies’*garments, goods presumably bought with some degree of care, provides additional reason in support of the board’s holding.

Affirmed.

RICH and SMITH, JJ., dissent.
STATE of North Carolina v. David Lee COX, Defendant.

No. COA19-160

Court of Appeals of North Carolina.

Filed: August 6, 2019

AFFIRMED.
Vonero WALLACE, Appellant, v. STATE of Missouri, Respondent.

No. ED 105116

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: February 13, 2018

Matthew J. Bell, 1010 Market St. Ste. 1100, St. Louis, MO 63101, For Movant/Appellant.

Robert J. Bartholomew, Jr., P.O. Box 899, Jefferson City, MO 65102, For Defendant/Respondent.

Before Colleen Dolan, P.J., Sherri B. Sullivan, J., and Lisa S. Van Amburg, J.

*ORDER*

PER CURIAM.

Vonero L. Wallace ("Movant") pleaded guilty to two counts of statutory sodomy in the second degree. Subsequently, he was sentenced to fourteen years in the Missouri Department of Corrections. Movant later filed a timely Rule 24.035 motion claiming that he did not knowingly and voluntarily enter the guilty plea, because his plea counsel informed him that he would only be sentenced to serve seven years. Finding that the record directly refutes Movant's contention, we affirm the judgment of the motion court.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
H. R. 5401

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

To amend section 308 of the Lewis and Clark Expedition Bicentennial Commemorative Coin Act to make certain clarifying and technical amendments.

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 ‘‘Lewis and Clark Commemorative 

Coin Correction Act’’. 

SEC. 2. LEWIS AND CLARK COMMEMORATIVE COIN AMENDMENTS. 

Section 308 of the Lewis and Clark Expedition Bicentennial 

Commemorative Coin Act (31 U.S.C. 5112 note) is amended—

(1) in subsection (a), by striking ‘‘Secretary as follows:’’ 

and all that follows through the end of the subsection and 

inserting the following: 

‘‘Secretary for expenditure on activities associated with commemorating the bicentennial of the Lewis and Clark Expedition, as follows: 

‘‘(1) NATIONAL COUNCIL OF THE LEWIS AND CLARK BICENTENNIAL.—1⁄2 to the National Council of the Lewis and Clark 

Bicentennial. 

‘‘(2) MISSOURI HISTORICAL SOCIETY.—1⁄2 to the Missouri 

Historical Society.’’; 

(2) by redesignating subsection (b) as subsection (c); and 

(3) by inserting after subsection (a) the following new subsection: 

‘‘(b) TRANSFER OF UNEXPENDED FUNDS.—Any proceeds referred 

to in subsection (a) that were dispersed by the Secretary and 

remain unexpended by the National Council of the Lewis and 

Clark Bicentennial or the Missouri Historical Society as of June 

30, 2007, shall be transferred to the Lewis and Clark Trail Heritage 
H. R. 5401—2

Foundation for the purpose of establishing a trust for the stewardship of the Lewis and Clark National Historic Trail.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         668,367
<SECURITIES>                                         0
<RECEIVABLES>                                  913,106
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,883,779
<PP&E>                                       4,111,240
<DEPRECIATION>                               1,872,504
<TOTAL-ASSETS>                               4,131,315
<CURRENT-LIABILITIES>                        1,674,650
<BONDS>                                              0
<COMMON>                                       237,945
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,985,636
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,131,315
<SALES>                                      5,458,610
<TOTAL-REVENUES>                             5,458,610
<CGS>                                                0
<TOTAL-COSTS>                                2,951,404
<OTHER-EXPENSES>                             2,111,773
<LOSS-PROVISION>                                62,952
<INTEREST-EXPENSE>                             526,779
<INCOME-PRETAX>                              (184,129)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (184,129)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (184,129)
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                    (.002)
        

</TABLE>
No. 09-9317.

#### Demetrius Devell Dobbins, Petitioner v. Terry Carlson, Warden.

559 U.S. 1108, 130 S. Ct. 2405,

176 L. Ed. 2d 926,

2010 U.S. LEXIS 3763.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Eighth Circuit denied.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5342 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5342

    To prohibit certain agency actions regarding the use of certain 
        electronic devices onboard air born commercial airlines.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2006

 Mr. Fossella introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To prohibit certain agency actions regarding the use of certain 
        electronic devices onboard air born commercial airlines.

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

SECTION 1. LIMITATION ON AGENCY ACTIONS.

    No Federal Communication Commission, Federal Aviation 
Administration, or any other agency action may be taken to authorize 
the use of any electronic device which was banned for use onboard air 
born commercial airlines by the Federal Aviation Administration on 
December 15, 2004, until June 1, 2007.
                                 <all>
```
Exhibit 32.1
  CERTIFICATION
    PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
    2002
  Form 10-Q
  1.
    This Report fully complies with the requirements of
    Section 13(a) or 15(d) of the Securities Exchange Act of
    1934; and2.
    The information contained in this Report fairly presents, in all
    material respects, the financial condition and results of
    operations of the Company.  Dated: July 31, 2008

By: /s/ Douglas M.  LibbyDouglas
    M. Libby
    President and Chief Executive Officer
    50
No. 09-9296.

#### Garry Turner, Petitioner v. Illinois.

559 U.S. 1096, 130 S. Ct. 2381,

176 L. Ed. 2d 775,

2010 U.S. LEXIS 3536.

April 26, 2010.

Petition for writ of cer-tiorari to the Appellate Court of Illinois, First District, denied.

Same case below, 384 Ill. App. 3d 1091, 362 Ill. Dec. 693, 973 N.E.2d 1089.
Order entered January 11 , 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 20
- 00389
- CV PRESTONWOOD TRADITION, LP; TRADITION MANAGEMENT, LLC; PRESTONWOOD TSL, LP; PRESTONWOOD TS L GP, LLC, ET AL., Appellant s V. MARSHA SPRING REPP, INDIVIDUALLY AND AS THE CO
EXECUTOR AND REPRESENTATIVE, ET AL., Appellee s On Appeal from the County Court at Law No. 2

Dallas County, Texas Trial Court Cause No. CC
- 19
- 03757
- B

ORDER On the Court’s o wn motion, we REMOVE this case from submission on January 12, 2021. We DIRECT the Clerk to set the case for submission without oral argument on March 2, 2021.

/s/ ROBBIE PARTIDA

- KIPNESS PRESIDING JUSTICE
EPA Testimony 

Good morning. My name is Kathy Kaiser. I live at 1307 Brentwood Place, Joliet, IL. I am here today 

because of my concern for the health of people in my community, particularly disadvantaged children 

living on the east side of Joliet. 

I have been involved with the local Head Start Program for 30 years. During that time we have seen an 

enormous jump in the number of children affected by asthma. When I first began working at Head 

Start there were 500 children enrolled and approximately 50 children diagnosed with asthma or 10%. 

This year there are seven hundred children enrolled and approximately 175 children diagnosed with 

asthma or 25%. Now all Head Start teachers must be trained to respond to asthma attacks. Inhalers 

are available in each classroom with physician instructions on treattnent for each affected child. In the 

current Head Start population 6 children require epipens on site due to the seriousness of their asthma 

attacks. 

Sadly, there was a terrible tragedy at one of our Head Start centers, the Bluff Center. A few years ago 

Ms. Rodriguez worked as a teacher assistant at that center. One afternoon Ms. Rodriguez's ten year 

old daughter Maria stopped by the center after school. Maria suffered from chronic asthma and her 

mother struggled to keep up with the cost of medical treatment for her daughter. On that particular day 

an asthma attack came on the child suddenly; staff struggled to respond; 911 was called but to no 

avail. Maria died from that asthma attack in one of the Head Start classrooms. 

This story is a chilling reminder of the terrible risks that accompany asthma, especially in our poorest 

neighborhoods, and especially in those neighborhoods adjacent to dirty coal-fired power plants. 

The EPA has made significant strides in recent years to deal with these problems, and the public is very 

appreciative of that. I urge you to continue to protect the health of the public by setting national limits 

on the amount of carbon pollution that power plants are allowed to emit. Carbon pollutiion standards 

will help prevent life-threatening conditions such as those that most surely contributed to the death of 

Maria Rodriguez. 

Thank you for your time and attention
| (1)                | The      Report fully complies with the requirements of section 13(a) or 15(d) of      the Securities Exchange Act of 1934;and |
|------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------|

| (2)                | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|-----------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                               |   |   |   |   |
|------------------------------------|--------|--------|--------|--------|
|                               |   |   |   |
| Dated: November      20, 2008 |   |   |   | By:    |   | /s/ Eddie Vaksar |
|                               |   |   |   |   |   | Chief      Executive Officer |
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5238 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5238

     To amend title XVIII of the Social Security Act to eliminate 
 adjustments in Medicare payments for imaging services made by section 
               5102 of the Deficit Reduction Act of 2005.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2006

Mrs. McCarthy introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
     To amend title XVIII of the Social Security Act to eliminate 
 adjustments in Medicare payments for imaging services made by section 
               5102 of the Deficit Reduction Act of 2005.

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

SECTION 1. ELIMINATION OF MEDICARE PAYMENT ADJUSTMENTS FOR IMAGING 
              SERVICES.

    (a) In General.-- Section 1848 of the Social Security Act (42 
U.S.C. 1395w-4), as amended by section 5102 of the Deficit Reduction 
Act of 2005 (Public Law 109-171), is amended--
            (1) in subsection (b), by striking paragraph (4); and
            (2) in subsection (c)(2)(B)--
                    (A) clause (ii)(II), by striking ``clauses (iv) and 
                (v)'' and inserting ``clause (iv)'';
                    (B) in the heading of clause (iv), by striking ``of 
                certain additional expenditures''; and
                    (C) by striking clause (v).
    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective with respect to fee schedules established beginning with 2007 
and for services furnished on or after January 1, 2007.
                                 <all>
```
ex10-12.htm




EXHIBIT 10.12







NON-EMPLOYEE DIRECTOR COMPENSATION POLICY


Sun Healthcare Group, Inc.

















The Non-Employee Directors of the Board of Directors of Sun Healthcare Group, Inc. (“Directors”) shall be compensated as follows:


 



	
 1.

	
Annual Fees for Directors.  Each Director shall receive an annual fee of $35,000, which is payable in four equal quarterly installments.







 



	
 2.

	
Annual Fees for Chairpersons.  Each Chairperson of a Committee of the Board of Directors shall receive an additional annual fee, payable in four equal quarterly installments, as follows:  $8,000 for Audit, $6,000 for Compliance, and $5,000 for each of Compensation, Nominating or Executive.







 



	
 3.

	
Meeting Fees.  Each Director shall receive: (i) $1,750 for a Board of Directors or Committee meeting attended in person, (ii) the following amounts for each additional Committee meeting attended in person on the same date: $1,500 for Audit or Compliance Committee meetings and $1,000 for Compensation or Nominating and Governance Committee meetings, and (iii) $1,000 for any Board or Committee meetings attended by telephone.







 



	
 4.

	
Restricted Stock Unit Awards.  Each Director shall receive an award of $100,000 of restricted stock units on the date that the Compensation Committee grants regular annual equity awards to its officers and employees using the closing sale price of Sun’s common stock as of such date.  The stock unit awards shall have the following terms:  (i) the units shall vest monthly over one year, (ii) the vested units shall not be distributed as common stock until the earlier of the five year anniversary of the date of grant or separation of service from the Board, and (iii) the vesting of the units and the distribution of the vested units would accelerate at death, disability or change in control.







 



	
 5.

	
Conversion of Cash Retainers into Stock Units.  Each Director shall be entitled to convert his or her cash retainers under Items 1 and 2 above into additional stock units.  Directors choosing such conversion must make an irrevocable election each year and the conversion would occur quarterly as of the last day business day of each quarter using the closing sale price of Sun’s common stock.







 



	
 6.

	
Reimbursement of Expenses.  Each Director is reimbursed for out-of-pocket expenses for attendance at Board and committee meetings.







 


 


 


1
Date: 28 November 2023 **********************

NSN: 8940-01-715-0456 (CAHE) *MONOGRAPH M4A21

 **********************

Item: Coconut almond high energy bar

Document: PCR-H-015, High Energy Bar, Packaged in a Flexible Pouch, Shelf Stable

Approximate Caloric Value Per Serving: 300 Component Classification: Primary

Estimated Shelf Life: 36 months at 80°F

Item Characteristics

Appearance:

Intact bar, free from cracks, smooth, matte surface with a dense, compact structured 

matrix. Medium brown color with off-white particulates of coconut and almonds 

distributed throughout.

Odor: Slight to moderate coconut, chocolate, and sweet cream with a slight sour dairy and 

almond.

Flavor: Slight to moderate coconut, chocolate, and sweet cream with a slight sour dairy and 

almond.

Texture: Smooth, creamy mouthfeel with granular and chewy coconut and almond particulates 

that break apart easily in the mouth.

Possible Deteriorative Changes 

Appearance: Darkening or evidence of burnt particulates. May have surface oiliness due to fat 

migration.

Odor: Rancid, stale, oxidized, soapy.

Flavor: Rancid, stale, oxidized, soapy.

Texture: Excessive hardening (very firm, hard to bite into) or crumbly.

Unique Examination/Test Procedures: This product is vacuum packaged. Inspect for “inadequate 

vacuum” by firmly grasping the edges of the package and attempting to pull or stretch the material 

away from the product for a short time. A pouch with adequate vacuum will return to its original shape 

when pressure is released. If vacuum is adequate the product will not move easily within the pouch.

Special Notes: Serviceability is considered significantly affected when bars are broken into more than 

three pieces or when more than 25 percent of product is crushed or reduced to powder.
No. 09-9266.

#### Christopher A. Odom, Petitioner v. Mt. Pleasant Municipal Court, South Carolina.

559 U.S. 1090, 130 S. Ct. 2379,

176 L. Ed. 2d 764,

2010 U.S. LEXIS 3627.

April 26, 2010.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit dismissed. See Rule 39.8.

Same case below, 358 Fed. Appx. 486.
Exhibit
32 .1




Certification
Pursuant to


Section
906 of the Sarbanes-Oxley Act of 2002





Pursuant
to 18 U.S.C. ss. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, the undersigned officer of Imagenetix, Inc., a Nevada corporation
(the "Company"), hereby certifies that:





To my
knowledge, the Annual Report on Form 10-K of the Company for the year ended
March 31, 2009 (the "Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.




Dated:
      June 17, 2009
              /s/WILLIAM P.
  SPENCERWilliam
      P. SpencerChief
      Executive Officer and
                President
No. 09-9579.

#### Michael Izell Seals, Petitioner v. John Russell, et al.

560 U.S. 910, 130 S. Ct. 3285,

176 L. Ed. 2d 1193,

2010 U.S. LEXIS 4080,

May 17, 2010.

Petition for writ of cer-tiorari to United States Court of Appeals for the Ninth Circuit denied.

Same case below, 355 Fed. Appx. 102.