alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011160EN.01001801.xml

| 28.5.2011 | EN | Official Journal of the European Union | C 160/18 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 160/18

---

Judgment of the General Court of 13 April 2011 — Deichmann v OHIM (Representation of a curved band with dotted lines)

(Case T-202/09) (1)

1

(Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 160/24

Language of the case: German

Parties

Parties

Applicant: Deichmann SE, formerly Heinrich Deichmann-Scuhe GmbH & Co. KG (Essen, Germany) (represented by: O. Rauscher, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent)

Defendant:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a curved band with dotted lines

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Deichmann SE to pay the costs. |
| --- | --- |

2.

Orders Deichmann SE to pay the costs.

---

(1)  OJ C 180, 1.8.2009.

1

---
Exhibit 32.1



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Avatech Solutions, Inc. (the Company) on Form 10-Q for the period ending September 30, 2005
as filed with the Securities and Exchange Commission and to which this Certification is an exhibit (the Report), the undersigned hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(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 result of operations of the Company for the periods reflected therein.



|                        |  |                                           
|----------------------- |  | ------------------------------------------
|Date: November 14, 2005 |  | /s/ Donald R. Walsh                       
|                        |  | Donald R. Walsh                           
|                        |  | Chief Executive Officer                   
|                        | 
|                        |  | /s/ Lawrence Rychlak                      
|                        |  | Lawrence Rychlak                          
|                        |  | Vice President and Chief Financial Officer
Tony BIDDLES, petitioner, v. UNITED STATES.

No. 17-7475.

Supreme Court of the United States

Feb. 20, 2018.

*1036Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
II-00128

From:

Sent:

To:

Subject:

Fred Gruber <fggrub@yahoo.com>

Saturday, December 4, 2010 11:15 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Fred Gruber

281 Washington Ave

Union, NJ 07083
1000.

#### JESTER *et al. v.*BAINBRIDGE STATE BANK.

The judgment in this ease is controlled by the decision in *Jeater*v. *Bainbridge State Bank,*ante, 469. Even if the plaintiff broke its agreement, the defendants were not thereby relieved from paying their notes. The exceptions to the judgment of the lower court are so entirely without merit that damages are awarded for delay.

Complaint, from city court of Bainbridge — Judge Harrell. January 6, 1908.

Submitted March 13,

Decided July 8, 1908.

G. G. *Bower, R.*G. *Hartsfield,*for plaintiffs in error.

*Russell & Hawes,*contra.

Russell, J.

The facts in this case are so intimately related to those in *Jester*v. *Bainbridge State Bank,*ante, that they need not be recounted here. This suit was brought to recover $400 on the two notes mentioned in the preceding case. According to the undisputed statement of the answer, but one inference could have been drawn. These notes were to have been paid on July 17, 1907, if no agreement had been made between the Bainbridge State Bank and the defendants. They Avere likewise to have been paid upon that date, by the express terms of the agreement relied upon by the defendants. Even if the agreement relied upon had been broken, as averred by the defendants, that Avould not relieve the defendants from their obligation to comply Avith their part of the contract. For the reasons stated in *Jester*v. *Bainbridge State Bank,*supra, the answer of the defendants, which is practically the same in this case as in that, can only be construed as a plea that the notes were sued on before maturity; which is totally without merit in the present case, because, from the statements of the defendants in their answer, the notes here involved Avere to be paid as a condi*477tion precedent to an extension on the other note. The court, therefore, did not err in sustaining the demurrers, striking the defendant’s plea, and entering judgment for the plaintiff.

The writ of error is so wholly without merit that we can not decline the motion of defendant in error to award the damages allowed by law in cases of frivolous appeals.

*Judgment affirmed, with, damages.*
**Judgment of the General Court (Sixth Chamber) of 18 June 2012 — Biofrescos v Commission

(Case T-159/09)**

Customs union — Frozen shrimps and prawns from Indonesia — Invalid certificates of origin — Post-clearance recovery of import duties — Application for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92

1.                     *Own resources of the European Union — Repayment or remission of import duties — Article 236 of Regulation No 2913/92 — Scope —
Limits — Application of substantive customs law — Exclusive competence of the national authorities (Council Regulation No 2913/92,
Art. 236) (see paras 10-12)*

2.                     *Own resources of the European Union — Repayment or remission of import duties — Infringement of Article 220(2) of the Community
Customs Code — None (Council Regulation No 2913/92, Art. 220(2)(b)) (see paras 13-22)*

3.                     *Own resources of the European Union — Repayment or remission of import duties — Fairness clause established by Article 239
of the Community Customs Code — Scope — Commission’s power of decision — Procedures for exercise — ‘Special situation’ — Meaning
(Council Regulation No 2913/92, Art. 239) (see paras 26-28)*

4.                     *Acts of the institutions — Statement of reasons — Obligation — Scope (Art. 296 TFEU) (see paras 37, 38)*

**Re:**

| | |
| --- | --- |
| | APPLICATION for annulment of Commission Decision C(2009) 72 final of 16 January 2009 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case. |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders Biofrescos — Comércio de Produtos Alimentares, Lda to pay the costs. |
EXHIBIT 32.1


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

I, Michael Dodak, the Chief Executive Officer of Global Axcess Corp. (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

(1) the Quarterly Report on Form 10-QSB of the Company for the fiscal quarter
ended September 30, 2005 (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
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.


Dated: November 12, 2005

                                     /s/ Michael Dodak
                                         ------------------------------
                                         Name: Michael Dodak
                                         Title: Chief Executive Officer
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




In
connection with the Quarterly Report of PLX Technology, Inc. (the "Company") on
Form 10-Q for the period ended June 30, 2009 as filed with the Securities
and Exchange Commission (the "Report"), I, Arthur O. Whipple, Chief Financial
Officer of the Company, hereby certify as of the date hereof, solely for
purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that
to the best of my knowledge:
  1.
              the
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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
      at the dates and for the periods indicated.
  This
Certification has not been, and shall not be deemed, "filed" with the Securities
and Exchange Commission.
  Date: August
6, 2009
  By: /s/ Arthur O.
Whipple


Arthur O.
Whipple
 Chief Financial
Officer
  42
Exhibit 1083d


		
			Exhibit No. 10.83d
		

		
			﻿
		

		
			November 30, 2015
		

		
			﻿
		

		
			Via Facsimile and Certified Mail – Return Receipt Request
		

		
			﻿
		

		
			﻿
		

		
			Mr. Frederic A. Tomarchio
		

		
			The Three Marquees
		

		
			﻿P.O. Box 55
		

		
			﻿Glenelg,  MD    21737
		

		
			﻿
		

			
					
						﻿

					
					
						 

				
	
					
						RE:

					
					
						Lease Agreement dated January 1, 1997 by and between The Three Marquees (“Landlord”) and Monro Muffler Brake, Inc., successor-in-interest to Mr. Tire, Inc. (“Tenant”) for premises situate at 118 Back River Neck Road, Essex, MD  [MMB #758]

				



		
			﻿
		

		
			Dear Fred:
		

		
			﻿
		

		
			Please accept this letter as Monro Muffler Brake, Inc.’s official notification of our intent to renew said lease agreement for the ten-year renewal period commencing on January 1, 2017 and expiring December 31, 2026.  The rent for said renewal shall be increased annually by the Consumer Price Index for all Urban Consumer.  The adjustment shall be no less than 3.5% per year and no more than 7% per year.
		

		
			﻿
		

		
			Tenant shall have no renewal option remaining.
		

		
			﻿
		

		
			Please do not hesitate to contact Mindi Collom at 800-876-6676 ext. 3320 if you have any questions relative to the renewal.
		

		
			﻿
		

		
			Very truly yours,
		

		
			﻿
		

		
			﻿
		

		
			﻿
		

		
			John W. Van Heel
		

		
			CEO and President
		

		
			﻿
		

		
			JVH:mc
		

		
			﻿
		

		
			﻿
Patrick OKEY, petitioner, v. Daniel STREBIG, Warden, et al.

No. 15-9409.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Chairman Greg Wickham, Dairylea Cooperative Inc. 

Vice Chairman Bob Engel, CoBank 

Dennis Bolling, United Producers, Inc. 

Carl Casale, CHS Inc. 

Wally Darneille, Plains Cotton Cooperative Association 

Larry Doyle, Farm Credit Bank of Texas 

Arthur Driscoll, Sunsweet 

Brenda Forman, South Dakota Association of Cooperatives 

Clay Galarneau, Michigan Milk Producers Association 

Mark Jansen, Blue Diamond Growers 

Jackie Klippenstein, Dairy Farmers of America 

Barry Kriebel, Sun-Maid Growers 

Tommy Paulk, Alabama Farmers Cooperative, Inc. 

Chris Policinski, Land O’Lakes, Inc. 

Martin Reagan, Ag Processing Inc. 

Brent Roggie, National Grape Cooperative Association 

Jeff Solberg, GROWMARK, Inc. 

Mike Stamatakos, Ocean Spray Cranberries, Inc. 

Jeff Stroburg, West Central Cooperative. 

NCFC Staff: 

Chuck Conner 

Marlis Carson 

Justin Darisse 

Kate Disbrow 

Bonita Harrison 

Kathleen Heron 

Lisa Kelley 

Kevin Natz 

Stacey Satterlee 

Kelsey Swango 

Jill Thomson
<TABLE> <S> <C>

<ARTICLE>                                              5
<MULTIPLIER>                                       1,000
<CURRENCY>                            US$

<S>                                   <C>
<PERIOD-TYPE>                         year
<FISCAL-YEAR-END>                     Dec-31-1999
<PERIOD-START>                        Jan-1-1999
<PERIOD-END>                          Dec-31-1999
<EXCHANGE-RATE>                                        1
<CASH>                                                 0
<SECURITIES>                                           0
<RECEIVABLES>                                        118
<ALLOWANCES>                                           0
<INVENTORY>                                      207,413
<CURRENT-ASSETS>                                 261,352
<PP&E>                                           575,569
<DEPRECIATION>                                   300,038
<TOTAL-ASSETS>                                   706,322
<CURRENT-LIABILITIES>                            138,285
<BONDS>                                          125,000
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                             166
<OTHER-SE>                                       336,510
<TOTAL-LIABILITY-AND-EQUITY>                     706,322
<SALES>                                        1,045,916
<TOTAL-REVENUES>                               1,045,916
<CGS>                                            959,051
<TOTAL-COSTS>                                    959,051
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                     591
<INTEREST-EXPENSE>                                19,333
<INCOME-PRETAX>                                   11,968
<INCOME-TAX>                                         957
<INCOME-CONTINUING>                               11,011
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                      11,011
<EPS-BASIC>                                         0.68
<EPS-DILUTED>                                       0.68


</TABLE>
# C_2010288EN.01006603.xml

| 23.10.2010 | EN | Official Journal of the European Union | C 288/66 |
| --- | --- | --- | --- |

23.10.2010

EN

Official Journal of the European Union

C 288/66

---

Order of the General Court of 2 September 2010 — Gruener Janura v OHIM — Centum Aqua Marketing (Hundertwasser)

(Case T-125/09) (1)

()

(2010/C 288/120)

Language of the case: German

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 129, 6.6.2009.

---
# C_2011226EN.01000402.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/4 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/4

---

Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal)) — José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio v Companhia de Seguros Fidelidade-Mundial SA

(Case C-409/09) (1)

1

(Insurance against civil liability in respect of the use of motor vehicles - Directives 72/166/EEC, 84/5/EEC and 90/232/EEC - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Conditions for limitation - Victim’s contribution to his own loss or injury - Liability for risk - Provisions applicable to a child third party who is the victim of an accident)

2011/C 226/06

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties to the main proceedings

Applicants: José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio

Applicants:

Defendant: Companhia de Seguros Fidelidade-Mundial SA

Defendant:

Re:

Re:

Reference for a preliminary ruling — Supremo Tribunal de Justiça — Interpretation of Article 1 of the Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) — Extent of compulsory third party insurance cover — Provisions applicable to third party victims of an accident who are minors

Operative part of the judgment

Operative part of the judgment

The Court (Third Chamber) hereby rules:

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.

---

(1)  OJ C 11, 16.1.2010.

1

---
Douglas A. McCLAIN, petitioner, v. Bennie KELLY, Warden.

No. 15-8901.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
II-00342

From:

Sent:

To:

Subject:

Maureen O’Neal <moneal@copper.net>

Friday, December 3, 2010 12:21 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Maureen O’Neal

9100 s.w. 80th

Portland, OR 97223
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3747 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3747

   To require the Federal Government to acquire mineral rights, and 
prohibit disturbance, of the subsurface of federally owned sites listed 
  on the National Priorities List to the extent necessary to protect 
               cleanup remedies, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2019

  Mr. Neguse introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
   Energy and Commerce, and Transportation and Infrastructure, 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 require the Federal Government to acquire mineral rights, and 
prohibit disturbance, of the subsurface of federally owned sites listed 
  on the National Priorities List to the extent necessary to protect 
               cleanup remedies, 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 ``On or Under Act''.

SEC. 2. PROHIBITION ON DISTURBANCE OF THE SUBSURFACE OF NPL SITES.

    (a) Acquisition of Mineral Rights.--Upon the date of enactment of 
this Act, the Federal Government shall acquire all the current existing 
mineral rights, including lease interests, that exist in the subsurface 
of federally owned sites listed on the National Priorities List under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.).
    (b) Prohibition.--Upon acquiring such subsurface mineral rights, 
unless for the purposes of site clean-up, the Administrator of the 
Environmental Protection Agency shall prohibit, through restrictive 
covenant or other appropriate mechanism, any drilling, excavation, or 
other disturbance of the federally owned subsurface beneath a site 
listed on the National Priorities List under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.).
                                 <all>
```