alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018022EN.01005501.xml

| 22.1.2018 | EN | Official Journal of the European Union | C 22/55 |
| --- | --- | --- | --- |

22.1.2018

EN

Official Journal of the European Union

C 22/55

---

Action brought on 20 November 2017 — Meesenburg Großhandel v EUIPO (Triotherm+)

(Case T-760/17)

(2018/C 022/72)

Language of the case: German

Parties

Parties

Applicant: Meesenburg Großhandel KG (Flensburg, Germany) (represented by: D. Freiherr von Oldershausen, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Details of the procedure before EUIPO

Details of the procedure before EUIPO

Mark at issue: EU word mark ‘Triotherm+’ — Application No 15 186 471

Mark at issue:

Contested decision: Decision of the First Board of Appeal of EUIPO of 13 September 2017 in Case R 1786/2016-1

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.

---
The State



# Fourth Court of Appeals **San Antonio, Texas**

Wednesday, May 27, 2015

N o. 04

- 15

- 00067

- CR

Juan Gabriel GARZA

, Appellant

v.

The STATE of Texas, Appellee

From the 293rd Judicial District Court, Zavala County, Texas Trial Court No. 13

- 06

- 03428

- ZCR Honorable Cynthia L. Muniz, Judge Presiding



### ORDER

Appellant’s second motion for extension of time to file his brief is GRANTED. Appellant’s brief is due on June 22, 2015

. No further extensions will be granted

.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of May, 2015

.

___________________________________ Keith E. Hottle Clerk of Court
CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 In connection with the Annual Report of M-GAB Development Corporation (the "Company") on Form 10-KSB for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on or about the date hereof (the "Report"), I, Carl M. Berg, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1) The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (2) Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Dated: March 10, 2004By: Carl M. BergIts: Chief Financial Officer 
 
 A signed original of this written statement required by Section 906 has been provided to M-GAB Development Corporation and will be retained by M-GAB Development Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### The People of the State of New York, Appellant, v Jeanne M. Vandover, Respondent.

Submitted March 19, 2012;

decided March 22, 2012

Reported below, 31 Misc 3d 131(A).

*939On the Court’s own motion, Matthew S. Lerner, Esq. granted leave to appear as amicus curiae on the appeal herein.
Exhibit 31.2




CERTIFICATION




I, Craig Stout, certify that:




1. I have reviewed this quarterly report on Form 10-Q of IMedicor, Inc.;




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 small business issuer as of, and for, the periods presented in this report;




4. The small business issuer's other certifying officer 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)) for the small business issuer and have:




a. designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;




b. evaluated the effectiveness of the registrant’s disclosure controls and procedures as of the end of the period (the “Evaluation Date”); and




c. presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;




5. The small business issuer's other certifying officer and I have disclosed, based on our most recent evaluation, of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):




a. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and




b. any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.




6. The registrant’s other certifying officer and I have indicated in this quarterly report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.




IMedicor, Inc.

(Registrant)Date: February 22, 2011
By:
/s/ Craig StoutCraig StoutChief Financial Officer(Principal Accounting Officer)
Exhibit 23

Consent of Independent Registered Public Accounting Firm

The Board of Directors

Speedemissions, Inc.

1015 Tyrone Road, Suite 220

Tyrone, Georgia 30290

We consent to the use of our report dated
March 27, 2007, with respect to the consolidated balance sheets of Speedemissions, Inc. and subsidiaries (the Company) as of December 31, 2006 and 2005, and the related consolidated statements of operations, stockholders
equity and cash flows for the years then ended, which are included in the Form 10-KSB for the year ended December 31, 2006.



|                               
|-------------------------------
|                               
|/s/ Tauber & Balser, P.C.      
|Tauber & Balser, P.C.          
|Atlanta, Georgia March 27,
2007
```

Exhibit 99.3

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Yi Wan Group, Inc. ("the Company") on
Form 10-K for the period ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof ("the Reports"), I, Cheng Wan Ming,
President and Chief Executive Officer, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:

     (1)  the Reports fully comply with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  the information contained in the Reports fairly  presents, in all
          material respects, the financial condition and result of operations of
          the Company.

/s/ Cheng Wan Ming
------------------
Cheng Wan Ming, President and Chief Executive Officer

Dated: April 15, 2003
```
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1330 

Crude Oil Fixed Swap - NGX WCS (CAD)

DESCRIPTION 

A monthly cash settle swap based upon the sum of the settlement price for NYMEX WTI as 

published by NYMEX and the settlement price published by ICE-NGX for the location specified in 

Floating Price A. 

FLOATING PRICE A 

The Floating Price for each contract month shall be equal to the volume-weighed average of the 

ICE WCS 1a Index for each trading day during the Calculation Period. The Calculation Period 

beginning on the first Canadian business day of the calendar month prior to the contract month 

and ends on the Canadian business day prior to the NOS date (as published by Enbridge) in the 

same calendar month. 

CONTRACT UNIT AND VALUE 

The contract unit shall be in U. S barrels. Each contract shall be valued as the contract quantity 

in U. S. barrels multiplied by the settlement price. 

LISTING CYCLE 

Up to 60 consecutive monthly Contract Periods

PRICING AND FLUCTUATIONS 

Prices shall be quoted in Canadian Dollars and cents per barrel. The minimum price fluctuation 

shall be $0.01 per U. S. barrel. The minimum price increment will be $0.001. There shall be no 

maximum price fluctuation. 

TERMINATION OF TRADING 

Trading shall cease one Canadian business day prior to the Notice of Shipments (NOS) date on 

the Enbridge Pipeline. The NOS date occurs on or about the 20th calendar day of the month, 

subject to confirmation by Enbridge Pipeline. The official schedule for the NOS dates will be 

made publicly available by Enbridge Pipeline prior to the start of each year. 

FINAL SETTLEMENT 

Delivery under the contract shall be by cash settlement in Canadian Dollars. Final settlement, 

following termination of posting for a contract month, will be based on the Floating Price A. The 

final settlement price will be the Floating Price A, converted to Canadian Dollars, as prescribed 

by the Currency Conversion. 

CURRENCY CONVERSION 

Daily WRM Noon Rate for CAD per unit of USD as reporting by Refinitiv.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-1566
JESSIE W. DICKERSON, Plaintiff - Appellant, versus KINGSTON METALS SOUTH CORPORATION, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (CA-95-1722-3-17BD) Submitted: August 14, 1997 Decided: August 20, 1997 Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Jessie W. Dickerson, Appellant Pro Se. Richard James Morgan, Bernie Wellington Ellis, MCNAIR LAW FIRM, P.A., Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order granting the Defendant's motion for summary judgment in Appellant's employment discrimination action. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Dickerson v. Kingston Metals South Corp. , No. CA-95-1722-3-17BD (D.S.C. Mar. 10, 1997). We dispensewith 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
Exhibit 31                  Rule 13a-14(d) Certification

                                  CERTIFICATION

     I, Michael L. Parker, a President and Director of Washington Mutual
Mortgage Securities Corp., certify that:

     1. I have reviewed this annual report on Form 10-K, and all reports on Form
8-K  containing  distribution  or servicing  reports filed in respect of periods
included  in  the  year  covered  by  this  annual  report,   of  WAMU  MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2001-AR1;

     2. Based on my knowledge,  the  information  in these  reports,  taken as a
whole, 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 as of the
last day of the period covered by this annual report;

     3.  Based  on my  knowledge,  the  distribution  or  servicing  information
required to be provided  to the  trustee by the  servicer  under the pooling and
servicing, or similar,  agreement, for inclusion in these reports is included in
these reports;

     4. I am responsible for reviewing the activities  performed by the servicer
under the  pooling  and  servicing,  or  similar,  agreement  and based  upon my
knowledge and the annual  compliance  review required under that agreement,  and
except as disclosed in the reports,  the servicer has fulfilled its  obligations
under that agreement; and

     5. The  reports  disclose  all  significant  deficiencies  relating  to the
servicer's compliance with the minimum servicing standards based upon the report
provided by an  independent  public  accountant,  after  conducting  a review in
compliance with the Uniform Single  Attestation  Program for Mortgage Bankers or
similar  procedure,  as set forth in the  pooling  and  servicing,  or  similar,
agreement, that is included in these reports.

     In giving the certifications above, I have reasonably relied on information
provided to me by the following  unaffiliated  third parties acting as servicers
and sub-servicers:

Washington Mutual


Dated: March 15, 2004
                                     /s/ Michael L. Parker
                                         Michael L. Parker,
                                         President and Director
**EXHIBIT      32.2**

**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (1) | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d));                and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|   |                                     |                           |
|--------|------------------------------------------|--------------------------------|
|        |                                          | /s/              GREGG A. LINN |
|   | Gregg                A. Linn             |
|   | *Chief                Financial Officer* |

----
# C_2019288EN.01000901.xml

| 26.8.2019 | EN | Official Journal of the European Union | C 288/9 |
| --- | --- | --- | --- |

26.8.2019

EN

Official Journal of the European Union

C 288/9

---

Order of the Court (Sixth Chamber) of 15 May 2019 (request for a preliminary ruling from the Amtsgericht Kamenz — Germany) — MC v ND

(Case C-827/18) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Area of freedom, security and justice - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Lugano II Convention - Article 22(1) - Proceedings which have as their object rights in rem in immovable property or tenancies of immovable property - Restitution of the proceeds from the rental of a property before the transfer of ownership)

(2019/C 288/10)

Language of the case: German

Referring court

Amtsgericht Kamenz

Parties to the main proceedings

Applicant: MC

Defendant: ND

Operative part of the order

Article 22(1), first subparagraph, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that proceedings brought by the purchaser of immovable property, seeking the payment of a sum received by the vendor in respect of rent paid by a third party, where that purchaser, although he had taken possession of that property at the time of the payment of that sum, was not yet the owner in law of that property, in accordance with the applicable national legislation, do not constitute proceedings ‘which have as their object rights in rem in immovable property or tenancies of immovable property’ within the meaning of that provision.

---

(1)  OJ C 103, 18.3.2019.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-6059

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BARKLEY GARDNER, a/k/a Big Black,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Greenville. Malcolm J. Howard, Senior District Judge. (4:95-cr-00041-H-8)

Submitted: June 28, 2021 Decided: July 2, 2021

Before AGEE and DIAZ, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Barkley Gardner, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Barkley Gardner seeks to appeal the district court’s order denying his Fed. R. Civ. 

P. 60(b)(6) motion for relief from the district court’s prior order denying relief on his 28 

U.S.C. § 2255 motion and denying the accompanying motions. The order is not appealable 

unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(B). See generally United States v. McRae, 793 F.3d 392, 400 & n.7 (4th Cir. 

2015). A certificate of appealability will not issue absent “a substantial showing of the 

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies 

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable 

jurists could find the district court’s assessment of the constitutional claims debatable or 

wrong. See Buck v. Davis, 137 S. Ct. 759, 773-74 (2017). When the district court denies 

relief on procedural grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable and that the motion states a debatable claim of the denial of 

a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. 

McDaniel, 529 U.S. 473, 484 (2000)). 

We have independently reviewed the record and conclude that Gardner has not 

made the requisite showing. Accordingly, we deny a certificate of appealability and 

dismiss the appeal. We also deny Gardner’s motion for appointment of counsel. We 

dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

DISMISSED
#### ELLISON v. RAMOS

No. 397P98

Case below: 130 N.C.App. 389

Notice of appeal by defendant pursuant to G.S. 7A-30 (substantial constitutional question) dismissed 5 November 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 November 1998.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7614

ANGELO HAM,

Plaintiff – Appellant,

v.

NORA CHANDLER, Deputy Clerk of Court; LARRY PROPES, Clerk of 

Court,

Defendants – Appellees.

Appeal from the United States District Court for the District of 

South Carolina, at Greenville. J. Michelle Childs, District 

Judge. (6:10-cv-02020-JMC)

Submitted: February 28, 2011 Decided: March 9, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Angelo Ham, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Angelo Ham appeals the district court’s order 

accepting the recommendation of the magistrate judge and denying 

relief on his complaint filed pursuant to Bivens v. Six Unknown 

Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 

We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Ham v. Chandler, No. 6:10-cv-02020-JMC (D.S.C. 

Nov. 8, 2010). 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
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1004

Natural Gas Basis Swap - CG Onshore - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price of the 

NYMEX Henry Hub Natural Gas futures contract, as defined in Floating Price B, from the monthly 

price published by Platts Inside FERC for the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC CG Onshore

published price for the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the NYMEX Henry Hub Natural Gas 

futures contract final settlement price for the corresponding contract month on the last trading 

day for that contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each shall be valued as the

contract quantity multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods.

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
#### STATE v. VAUGHN

No. 332PA98

Case below: 130 N.C.App. 456

Petition by Attorney General for writ of supersedeas allowed 5 November 1998. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 allowed 5 November 1998.