alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009256EN.01003203.xml

| 24.10.2009 | EN | Official Journal of the European Union | C 256/32 |
| --- | --- | --- | --- |

24.10.2009

EN

Official Journal of the European Union

C 256/32

---

Action brought on 24 August 2009 — Colegio Oficial de Farmacéuticos de Valencia v Commission

(Case T-337/09)

2009/C 256/58

Language of the case: Spanish

Parties

Parties

Applicant: Colegio Oficial de Farmacéuticos de Valencia (Valencia, Spain) (represented by: E. Navarro Varona, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

Form of order sought

| — | annul, under Articles 230 and 231 EC, the Commission decision of 15 June 2009 partly denying access to information requested by the applicant by means of its initial application of 23 October 2008 and its confirmatory application of 19 January 2009. |
| --- | --- |

—

annul, under Articles 230 and 231 EC, the Commission decision of 15 June 2009 partly denying access to information requested by the applicant by means of its initial application of 23 October 2008 and its confirmatory application of 19 January 2009.

| — | order the Commission to pay the costs incurred by the applicant. |
| --- | --- |

—

order the Commission to pay the costs incurred by the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

This action is brought against the decision of the Commission of the European Communities partly refusing access to certain documents drawn up by the consultants ECORYS Nederland BV for the preparation of the report titled ‘Study of regulatory restrictions in the field of pharmacies’ of 22 June 2007 for the defendant’s Directorate General Internal Market and Services.

In support of its claims, the applicant alleges infringement of Article 4(2) and Article 8 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. (1)

1

The applicant claims that the contested decision:

| — | does not contain an adequate statement of reasons. |
| --- | --- |

—

does not contain an adequate statement of reasons.

| — | errs in its assessment of the exception relating to the commercial interests of a legal person, including intellectual property. |
| --- | --- |

—

errs in its assessment of the exception relating to the commercial interests of a legal person, including intellectual property.

| — | contains a manifest error of reasoning, by not taking into account that there is an overriding public interest. |
| --- | --- |

—

contains a manifest error of reasoning, by not taking into account that there is an overriding public interest.

| — | Fails to comply with the prescribed periods for replying to the confirmatory application for access to the documents. |
| --- | --- |

—

Fails to comply with the prescribed periods for replying to the confirmatory application for access to the documents.

---

(1)  OJ L 145 of 31.5.2001, p. 43

1

---
II-00977

From:

Sent:

To:

Subject:

Rikardo Jahnke <rif@countryspeed.com>

Thursday, December 2, 2010 9:31 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.

Rikardo Jahnke

43188 Guthrie Rd.

Gays Mills, WI 54631
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,332
<SECURITIES>                                         0
<RECEIVABLES>                                   14,254
<ALLOWANCES>                                       800
<INVENTORY>                                     18,511
<CURRENT-ASSETS>                                34,269
<PP&E>                                          17,664
<DEPRECIATION>                                  12,347
<TOTAL-ASSETS>                                  44,870
<CURRENT-LIABILITIES>                           14,816
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        51,128
<OTHER-SE>                                    (25,554)
<TOTAL-LIABILITY-AND-EQUITY>                    44,870
<SALES>                                         39,503
<TOTAL-REVENUES>                                39,503
<CGS>                                           21,618
<TOTAL-COSTS>                                   21,618
<OTHER-EXPENSES>                                19,743
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (454)
<INCOME-PRETAX>                                (2,312)
<INCOME-TAX>                                       311
<INCOME-CONTINUING>                            (2,944)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,944)
<EPS-PRIMARY>                                    (.24)
<EPS-DILUTED>                                    (.24)
        

</TABLE>
# C_2010051EN.01004801.xml

| 27.2.2010 | EN | Official Journal of the European Union | C 51/48 |
| --- | --- | --- | --- |

27.2.2010

EN

Official Journal of the European Union

C 51/48

---

Order of the General Court of 18 December 2009 — Balfe and Others v Parliament

(Case T-219/09) (1)

1

2010/C 51/86

Language of the case: French

Language of the case: French

The President of the Second Chamber has ordered that the case be removed in part from the register.

---

(1)  OJ C 205, 29.8.2009.

1

---
Samuel Richmond WALKER, petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

No. 16-9300.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-41225 Conference Calendar

UNITED STATES OF AMERICA, Respondent-Appellee,

versus CHRISTOPHER TAYLOR, Petitioner-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas

USDC No. 4:96-CV-64

- - - - - - - - - - February 11, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM: * Christopher Taylor, federal prisoner # 04971-078 , appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. Taylor argues that his counsel was ineffective for failing to file a direct appeal and that the district court erred in calculating the amount of drugs attributable to him for sentencing purposes. Taylor raises his ineffective-assistance claim for the first time on appeal. At most, his claim is subject to plain-errorNo. 96-41225 -2- review. See United States v McPhail , 112 F.3d 197, 199 (5th Cir. 1997). His claim gives rise to a factual question which this court will not resolve on appeal and which, by its nature, does not rise to the level of obvious error. See Robertson v. Plano City of Texas , 70 F.3d 21, 23 (5th Cir. 1995). Taylor’s argument regarding the district court’s calculation of the quantity of drugs attributable to him is not cognizable under § 2255. See United States v. Vaughn , 955 F.2d 367, 368 (5th Cir. 1992). Taylor’s claims are without merit. Accordingly, the district court’s judgment denying his § 2255 motion is
AFFIRMED.
In Re Michael Wayne EGGERS, petitioner.

No. 17-6390.

Supreme Court of the United States

March 5, 2018.

Petition for writ of mandamus denied.
# C_2011204EN.01002102.xml

| 9.7.2011 | EN | Official Journal of the European Union | C 204/21 |
| --- | --- | --- | --- |

9.7.2011

EN

Official Journal of the European Union

C 204/21

---

Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.)

(Case T-408/09) (1)

1

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘ancotel’ - Earlier Community figurative mark ‘ACOTEL’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public)

2011/C 204/37

Language of the case: German

Parties

Parties

Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Acotel SpA (Rome, Italy) (represented initially by D. De Simone and D. Demarinis, lawyers, and subsequently by D. De Simone, D. Demarinis and J. Wrede, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 June 2009 (Case R 1385/2008-1) concerning opposition proceedings between Acotel SpA and ancotel GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 June 2009 (Case R 1385/2008-1); |
| --- | --- |

1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 June 2009 (Case R 1385/2008-1);

| 2. | Orders OHIM to bear its own costs and to pay those incurred by ancotel GmbH; |
| --- | --- |

2.

Orders OHIM to bear its own costs and to pay those incurred by ancotel GmbH;

| 3. | Orders Acotel SpA to bear its own costs. |
| --- | --- |

3.

Orders Acotel SpA to bear its own costs.

---

(1)  OJ C 312, 19.12.2009.

1

---
<PAGE>   1
                                                                    EXHIBIT 11

EUROMED, INC.
COMPUTATION OF EARNINGS AND SHARES USED IN ARRIVING AT
PRIMARY AND FULLY-DILUTED EARNINGS PER SHARE FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1996

<TABLE>
       (in thousands of US dollars)              Nine Months Ended
                                                    September 30
                                                        1996
                                                 -----------------
<S>                                              <C>
Net Earnings                                              483

Computation of weighted average 
  number of shares outstanding

Weighted average common shares                       3,091,423
                                                     ---------

Primary and fully diluted earnings per
  common share                                            0.16
                                                     ---------
</TABLE>





                                    Page 1
<PAGE>   1

                                                                    EXHIBIT 23.2

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 333-31802 and 333-31804) pertaining to the (i) USinternetworking,
Inc. Amended and Restated 1998 Stock Option Plan and (ii) USinternetworking,
Inc. 2000 Employee Stock Purchase Plan, of USinternetworking, Inc. of our report
dated March 23, 1999, with respect to the consolidated financial statements of
I.I.T. Holding, Inc. included in the Annual Report (Form 10-K) of
USinternetworking, Inc. for the year ended December 31, 1999.

                                                 /s/ Ernst & Young LLP

Baltimore, Maryland
March 22, 2000
# C_2010011EN.01003401.xml

| 16.1.2010 | EN | Official Journal of the European Union | C 11/34 |
| --- | --- | --- | --- |

16.1.2010

EN

Official Journal of the European Union

C 11/34

---

Action brought on 29 October 2009 — La City v OHIM — Bücheler and Ewert

(Case T-444/09)

2010/C 11/63

Language in which the application was lodged: French

Parties

Parties

Applicant: La City (La Courneuve, France) (represented by: S. Bénoliel-Claux, lawyer)

Applicant:

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

Defendant:

Other parties to the proceedings before the Board of Appeal of OHIM: Andreas Bücheler and Konstanze Ewert (Engelskirchen, Germany)

Other parties to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 August 2009 in Case R 233/2008-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 August 2009 in Case R 233/2008-1;

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

—

Order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Andreas Bücheler and Konstanze Ewert

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘citydogs’ for goods in Classes 16, 18 and 25 (Application No 4 692 381)

Community trade mark concerned:

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

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

Mark or sign cited in opposition: the French word mark ‘CITY’ for goods in Classes 9, 14, 18 and 25; the opposition is against registration in Classes 18 and 25

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: annulment of the contested decision and dismissal of the opposition

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) owing to the absence of likelihood of confusion of the marks at issue

Pleas in law:

---
Stacy PARTIN, petitioner, v. Ron H. TILFORD.

No. 17-7377.

Supreme Court of the United States

March 19, 2018.

Motion of respondent to substitute Rose M. Tilford, Executrix of the Estate of Ron H. Tilford as respondent in place of Ron H. Tilford, Deceased granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Daniel HASLAM, petitioner, v. UNITED STATES.

No. 16-7250.

Supreme Court of the United States

Jan. 23, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
# C_2009297EN.01003302.xml

| 5.12.2009 | EN | Official Journal of the European Union | C 297/33 |
| --- | --- | --- | --- |

5.12.2009

EN

Official Journal of the European Union

C 297/33

---

Action brought on 19 October 2009 — São Paulo Alpargatas v OHIM — Fischer (BAHANIAS LAS ORIGINALES)

(Case T-422/09)

2009/C 297/51

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: São Paulo Alpargatas, SA (represented by: P. Merino Baylos, 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 of OHIM: Enrique Fischer

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | uphold the application and annul the decision of the Second Board of Appeal of OHIM of 17 August 2009, with all the appropriate consequences under Community law; |
| --- | --- |

—

uphold the application and annul the decision of the Second Board of Appeal of OHIM of 17 August 2009, with all the appropriate consequences under Community law;

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

—

order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Enrique Fischer

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark containing the verbal component “BAHIANAS (LAS ORIGINALES)” (Application No 5 024 591) for goods in class 25.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

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

Mark or sign cited in opposition: Community figurative mark containing the verbal component “havaianas” (No 3 772 431), Spanish figurative mark containing the verbal component “havaianas” (M 2 341 904) and Spanish word mark “HAVAIANAS” (M 2 341 905), all for goods in class 25.

Mark or sign cited in opposition:

Decision of the Opposition Division: Refusal of the application for a Community mark in its entirety.

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the contested decision.

Decision of the Board of Appeal:

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009.

Pleas in law:

---
Marcel DAVIS, petitioner, v. TEXAS.

No. 16-6883.

Supreme Court of the United States

Jan. 23, 2017.

Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.
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

         In connection with the Quarterly Report of Secured Services,  Inc. (the
"Company")  on Form  10-QSB/A for the period ended  September  30, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Robert Skinner, Chief Executive Officer of the Company,  certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations of the
Company.

         A signed  original of this written  statement  has been provided to the
Company and will be retained  by the  Company  and  furnished  to the SEC or its
staff upon request.

Dated: January 9, 2006

                                 /s/ Robert Skinner
                                 ----------------------
                                 Robert Skinner
                                 Chief Executive Officer
Deborah Elizabeth GOUCH-ONASSIS, petitioner, v. CALIFORNIA.

No. 17-7474.

Supreme Court of the United States

March 26, 2018.

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



EXHIBIT 23.1

KYLE L. TINGLE, CPA

|                        |  |               
|----------------------- |  | --------------
|To Whom It May Concern: |  | March 18, 2002

The firm of Kyle L. Tingle, CPA, LLC consents to the inclusion of his report of
March 18, 2002 accompanying the audited financial statements of Sierra Resource
Group, Inc., as of December 31, 2001 and 2000, and the related statements of
income, stockholders equity, and cash flows for the years then ended, and the
period December 21, 1992 (inception) through December 31, 2001, in the Form
10KSB with the U.S. Securities and Exchange Commission.

Very truly yours,

/s/ Kyle L. Tingle

Kyle L. Tingle, CPA, LLC

P.O. Box 50141, Henderson, Nevada 89016, Phone: (702) 434-8452, Fax: (702) 436-4218, e-mail: Ktingle@worldnet.att.net

33.
# C_2012319EN.01000603.xml

| 20.10.2012 | EN | Official Journal of the European Union | C 319/6 |
| --- | --- | --- | --- |

20.10.2012

EN

Official Journal of the European Union

C 319/6

---

Judgment of the General Court of 13 September 2012 — Protégé International Ltd v European Commission

(Case T-119/09) (1)

1

(Competition - Abuse of dominant position - Market for Irish whiskey - Decision to reject a complaint - Lack of Community interest)

2012/C 319/09

Language of the case: French

Parties

Parties

Applicant: Protégé International Ltd (London, United Kingdom) (represented by: D. Shefet, lawyer)

Applicant:

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Biolan and A. Antoniadis, lawyers)

Defendant:

Intervener in support of the defendant: Pernod Ricard SA (Paris, Frace) (represented by: A. Choffel and S. Hautborg, lawyers)

Intervener in support of the defendant:

Re:

Re:

Annulment of Commission decision C(2009) 505 of 23 January 2009 (Case COMP/39.414 — Protégé International/Pernod Ricard), taken pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles [81 and 82 EC] (OJ 2004 L 123, p. 18) and rejecting, for lack of Community interest, the complaint lodged by the applicant concerning infringements of Article 82 EC allegedly committed by Pernod Ricard.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Protégé International Ltd to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders Protégé International Ltd to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders Pernod Ricard SA to bear its own costs. |
| --- | --- |

3.

Orders Pernod Ricard SA to bear its own costs.

---

(1)  OJ C 113, 16.5.2009.

1

---
Warren Cutha HESTER, II, petitioner, v. David BALLARD, Warden.

No. 16-9398.

Supreme Court of the United States

Oct. 2, 2017.

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