alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023286EN.01003701.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/37 |
| --- | --- | --- | --- |

14.8.2023

EN

Official Journal of the European Union

C 286/37

---

Action brought on 17 June 2023 — Nehera and Others v EUIPO — Zdút (NEHERA)

(Case T-337/23)

(2023/C 286/50)

Language in which the application was lodged: English

Parties

Applicants: Isabel Nehera (Sutton, Ontario, Canada), Natacha Sehnal (Montferrier-sur-Lez, France), Jean-Henri Nehera (Burnaby, British Columbia, Canada) (represented by: W. Woll, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ladislav Zdút (Bratislava, Slovakia)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark NEHERA — European Union trade mark No 16 799 678

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 April 2023 in Case R 1219/2020-4

Form of order sought

The applicants claim that the Court should:

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

—

annul the contested decision;

| — | order EUIPO to bear its own costs and those incurred by the other party to the proceedings before the Board of Appeal, including the necessary costs incurred in the appeal proceedings before the Board of Appeal; |
| --- | --- |

—

order EUIPO to bear its own costs and those incurred by the other party to the proceedings before the Board of Appeal, including the necessary costs incurred in the appeal proceedings before the Board of Appeal;

| — | order EUIPO to pay, in addition to its own costs, the costs incurred by the applicants. |
| --- | --- |

—

order EUIPO to pay, in addition to its own costs, the costs incurred by the applicants.

Pleas in law

| — | Infringement of the right to a fair trial; |
| --- | --- |

—

Infringement of the right to a fair trial;

| — | Infringement of Article 52(1)(b) of Council Regulation (EC) No 207/2009. |
| --- | --- |

—

Infringement of Article 52(1)(b) of Council Regulation (EC) No 207/2009.

---
----

----

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                       |                                                                                                                                           |   |
|--------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| Date:  June ___,  2011 | /s/ David K. Young                                                                                                                             |   |
|                                       | David K. Young                                                                                                                                 |   |
|                                       | President, Chief Operating Officer and Acting Chief Financial Officer (Principal  Executive Officer and Principal Financial Officer) |   |

----

----
<TABLE> <S> <C>
  
  
<ARTICLE> 5  
<LEGEND>  
This schedule contains summary financial information extracted from the 
Registrant's unaudited interim financial statements for the three months 
ended March 31, 1998 and is qualified in its entirety by reference to 
those financial statements.  
</LEGEND>  
<CIK> 0000930364  
<NAME> RIDGEWOOD ELECTRIC POWER TRUST IV  
         
<S>                                       <C>  
<PERIOD-TYPE>                              3-MOS  
<FISCAL-YEAR-END>                          DEC-31-1998  
<PERIOD-END>                               MAR-31-1998  
<CASH>                                       8,858,191  
<SECURITIES>                                13,621,362<F1>  
<RECEIVABLES>                                1,105,278  
<ALLOWANCES>                                         0  
<INVENTORY>                                          0  
<CURRENT-ASSETS>                            10,654,667  
<PP&E>                                      15,417,294  
<DEPRECIATION>                              (1,173,549)  
<TOTAL-ASSETS>                              46,884,718 
<CURRENT-LIABILITIES>                        1,513,829  
<BONDS>                                      4,691,858  
<COMMON>                                             0  
<PREFERRED-MANDATORY>                                0  
<PREFERRED>                                          0  
<OTHER-SE>                                  34,245,122  
<TOTAL-LIABILITY-AND-EQUITY>                46,884,718  
<SALES>                                              0  
<TOTAL-REVENUES>                             1,795,722  
<CGS>                                        1,245,783  
<TOTAL-COSTS>                                1,245,783  
<OTHER-EXPENSES>                               352,483  
<LOSS-PROVISION>                                     0  
<INTEREST-EXPENSE>                             129,430  
<INCOME-PRETAX>                                149,214<F2> 
<INCOME-TAX>                                         0  
<INCOME-CONTINUING>                            149,214  
<DISCONTINUED>                                       0  
<EXTRAORDINARY>                                      0  
<CHANGES>                                            0  
<NET-INCOME>                                   149,214  
<EPS-PRIMARY>                                      312
 <EPS-DILUTED>                                     312
  
<FN>  
<F1>Investment in hydroelectric project and biomass project
accounted for on equity method in financial statements.  
<F2>After deduction of minority interest in Providence Project
earnings of $140,882.
</FN>  
          

</TABLE>
IN RE C.M.W.

No. COA07-1315.

Court of Appeals of North Carolina.

Filed May 6, 2008.

Certification Date May 27, 2008.

Appeal from Iredell (07JB67).

Case reported without published opinion. Vacated.
#### Eliu Chape et al., Respondents, v Isata, LLC, Defendant, and Cava Construction Co., Inc., Appellant. (And Other Titles.)

[799 NYS2d 907]

In an action to recover damages for personal injuries, etc., the defendant Cava Construction Co., Inc., appeals, as limited by its notice of appeal and by its letter dated May 23, 2005, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated September 29, 2003, as granted the plaintiffs’ motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

*521The plaintiffs established their prima facie entitlement to summary judgment *(see Martinsen v County of Nassau,*249 AD2d 519 [1998]; *Bryan v City of New York,*206 AD2d 448, 449 [1994]). The evidence offered by the appellant in opposition was insufficient to raise a triable issue of fact *(see Segarra v All Boroughs Demolition & Removal,*284 AD2d 321 [2001]; *Figueroa v Manhattanville Coll.,*193 AD2d 778 [1993]). The Supreme Court therefore was correct in granting the plaintiffs’ motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1) *(see Whalen v Sciame Constr. Co.,*198 AD2d 501 [1993]; *Pineda v 79 Barrow St. Owners Corp.,*297 AD2d 634 [2002]; *cf. Allen v Village of Farmingdale,*282 AD2d 485 [2001]). Prudenti, P.J., Cozier, Santucci and Lifson, JJ., concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

YONGQIANG MA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-71305

Agency No. A088-291-908

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 18, 2014** 

Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

Yongqiang Ma, a native and citizen of China, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his application for asylum and withholding

FILED

MAR 3 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

12-71305
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for

substantial evidence the agency’s factual findings, applying the standards

governing adverse credibility determinations created by the REAL ID Act. 

Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for

review. 

Substantial evidence supports the BIA’s adverse credibility determination,

including inconsistencies between Ma’s testimony and written declaration

regarding whether a written petition was filed with the government, when he

learned about the alleged corrupt activities, as well as discrepancies regarding the

documentation he submitted in support of his visa application. See id. at 1045-48

(substantial evidence supported agency’s adverse credibility finding under “totality

of the circumstances” ). The agency was not compelled to accept Ma’s

explanations for these inconsistencies. See Zamanov v. Holder, 649 F.3d 969, 974

(9th Cir. 2011). In the absence of credible testimony, Ma’s asylum and

withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156

(9th Cir. 2003). 

PETITION FOR REVIEW DENIED.

2 12-71305
<PAGE>   1

                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

To the Shareholders and the Board of Directors of
PetroFina S.A.:

     We consent to the incorporation by reference in the Registration Statement
of PetroFina S.A. on Form F-3 (File No. 333-49315) of our report dated April 7,
2000, appearing in the Annual Report on Form 20-F of PetroFina S.A. for the year
ended December 31, 1999, relating to the consolidated balance sheet of PetroFina
S.A. and subsidiaries as of December 31, 1999 and the related consolidated
statements of income, comprehensive income, changes in shareholders' equity and
cash flows for the period from January 1, 1999 to June 30, 1999 and the period
from July 1, 1999 through December 31, 1999.

     It should be noted that we have not audited any financial statements of the
Company subsequent to December 31, 1999 or performed any procedures subsequent
to the date of our report.

Arthur Andersen
Reviseurs d'Entreprises

/s/  GUY WYGAERTS
---------------------------------------------------------
Guy Wygaerts

June 30, 2000

                                       E-2
##### 



EXHIBIT 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of
the undersigned officers of ICN Pharmaceuticals, Inc. (the Company), does
hereby certify that:

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2003 of
the Company fully complies with the requirements of section 13(a) or 15(d) of
the Securities and Exchange Act of 1934 and information contained in
the Quarterly Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|                      |  |                                                     
|--------------------- |  | ----------------------------------------------------
|Date: August 14, 2003 |  | /s/   Robert W. OLeary                             
|                      |  |                                                     
|                      |  | Robert W. OLeary                                   
|                      |  | Chairman of the Board and Chief Executive Officer   
|                      |  |                                                     
|                      |  |                                                     
|Date: August 14, 2003 |  | /s/   Bary G. Bailey                                
|                      |  |                                                     
|                      |  | Bary G. Bailey                                      
|                      |  | Executive Vice President and Chief Financial Officer

A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.
IN RE OLIVER

No. COA07-796.

Court of Appeals of North Carolina.

Filed May 20, 2008.

Certification Date June 9, 2008.

Appeal from Property Tax Commission (05PTC301).

Cases reported without published opinion. Affirmed.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 512

To authorize the Secretary of the Interior to study the feasibility of 
   enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah, to 
  provide additional water for the Weber Basin Project to fulfill the 
            purposes for which that project was authorized.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2007

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of the Interior to study the feasibility of 
   enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah, to 
  provide additional water for the Weber Basin Project to fulfill the 
            purposes for which that project was authorized.

    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 ``Arthur V. Watkins Dam Enlargement 
Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Arthur V. Watkins Dam is a feature of the Weber Basin 
        Project, which was authorized by law on August 29, 1949.
            (2) Increasing the height of Arthur V. Watkins Dam and 
        construction of pertinent facilities may provide additional 
        storage capacity for the development of additional water supply 
        for the Weber Basin Project for uses of municipal and 
        industrial water supply, flood control, fish and wildlife, and 
        recreation.

SEC. 3. AUTHORIZATION OF FEASIBILITY STUDY.

    The Secretary of the Interior, acting through the Bureau of 
Reclamation, is authorized to conduct a feasibility study on raising 
the height of Arthur V. Watkins Dam for the development of additional 
storage to meet water supply needs within the Weber Basin Project area 
and the Wasatch Front. The feasibility study shall include such 
environmental evaluation as required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and a cost allocation as 
required under the Reclamation Project Act of 1939 (43 U.S.C. 485 et 
seq.).
                                 <all>
```
II 

110TH CONGRESS 

1ST SESSION S. 55 

To amend the Internal Revenue Code of 1986 to repeal the individual 

alternative minimum tax. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. BAUCUS (for himself, Mr. GRASSLEY, Mr. SCHUMER, Mr. KYL, and Mr. 

CRAPO) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the individual alternative minimum tax. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Individual Alternative 

5 Minimum Tax Repeal Act of 2007’’. 

6 SEC. 2. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM 

7 TAX. 

8 (a) IN GENERAL.—Section 55(a) of the Internal Rev9 enue Code of 1986 (relating to alternative minimum tax 


cprice-sewell on PROD1PC71 with BILLS
2 

•S 55 IS

1 imposed) is amended by adding at the end the following 

2 new flush sentence: 

3 ‘‘For purposes of this title, the tentative minimum tax on 

4 any taxpayer other than a corporation for any taxable year 

5 beginning after December 31, 2006, shall be zero.’’. 

6 (b) MODIFICATION OF LIMITATION ON USE OF

7 CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY.— 

8 Subsection (c) of section 53 of the Internal Revenue Code 

9 of 1986 (relating to credit for prior year minimum tax 

10 liability) is amended to read as follows: 

11 ‘‘(c) LIMITATION.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), the credit allowable under subsection (a) 

14 for any taxable year shall not exceed the excess (if 

15 any) of— 

16 ‘‘(A) the regular tax liability of the tax17 payer for such taxable year reduced by the sum 

18 of the credits allowable under subparts A, B, D, 

19 E, and F of this part, over 

20 ‘‘(B) the tentative minimum tax for the 

21 taxable year. 

22 ‘‘(2) TAXABLE YEARS BEGINNING AFTER

23 2006.—In the case of any taxable year beginning 

24 after 2006, the credit allowable under subsection (a) 

25 to a taxpayer other than a corporation for any taxVerDate Aug 31 2005 23:33 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S55.IS S55

cprice-sewell on PROD1PC71 with BILLS
3 

•S 55 IS

1 able year shall not exceed 90 percent of the regular 

2 tax liability of the taxpayer for such taxable year re3 duced by the sum of the credits allowable under sub4 parts A, B, D, E, and F of this part.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 December 31, 2006. 

Æ 


cprice-sewell on PROD1PC71 with BILLS
DEPT. OF CORRECTION v. MEDICAL BOARD.

No. 51PA08.

Supreme Court of North Carolina.

June 12, 2008.

Thomas J. Pitman, Special Deputy Attorney General, Joseph Finarelli, Assistant Attorney General, for Dept. of Correction, et al.

Thomas W. Mansfield, Brian L. Blankenship, D. Todd Brosius, for Medical Board.

Noah H. Huffstetler, III, Wallace C. Hollowell, III, Raleigh, for American Medical Asso.

Timothy C. Miller, J.D., Senior Director, for FSMB.

Carl J. Chiappa, New York, NY, Logan M. Breed, Washington, DC, Aaron C. Mahler, for Physicians for Human Rights.

The following order has been entered on the motion filed on the 11th day of June 2008 by Physicians for Human Rights for leave to file Amicus Curiae Brief:

"Motion Allowed. Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i). By order of the Court in conference this the 12th day of June 2008."
# C_2023329EN.01003102.xml

| 18.9.2023 | EN | Official Journal of the European Union | C 329/31 |
| --- | --- | --- | --- |

18.9.2023

EN

Official Journal of the European Union

C 329/31

---

Action brought on 1 August 2023 — Blue Underwriting Agency v EUIPO — Blue Assistance (blue is underwriting)

(Case T-447/23)

(2023/C 329/44)

Language in which the application was lodged: Italian

Parties

Applicant: Blue Underwriting Agency Srl (Milan, Italy) (represented by: M. Pappalardo and D. De Pasquale, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Blue Assistance SpA (Turin, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU figurative mark blue is underwriting — Application No 17 541 798

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 June 2023 in Case R 612/2022-4

Forms of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | consequently, by way of alteration of the contested decision, declare as unfounded the opposition brought by Blue Assistance SpA, directed against all the services covered by the application for registration of EU mark No 17 541 798 lodged by Blue Underwriting Agency Srl on 28 November 2017, and, therefore, reject it in its entirety; |
| --- | --- |

—

consequently, by way of alteration of the contested decision, declare as unfounded the opposition brought by Blue Assistance SpA, directed against all the services covered by the application for registration of EU mark No 17 541 798 lodged by Blue Underwriting Agency Srl on 28 November 2017, and, therefore, reject it in its entirety;

| — | order EUIPO and/or the other party to the proceedings to pay the costs of the present proceedings and those incurred before the Opposition Division and the Board of Appeal. |
| --- | --- |

—

order EUIPO and/or the other party to the proceedings to pay the costs of the present proceedings and those incurred before the Opposition Division and the Board of Appeal.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 2017/1001 of the European Parliament and of the Council.

---
STATE v. BALDWIN.

No. COA07-1132.

Court of Appeals of North Carolina.

Filed May 6, 2008.

Certification Date May 27, 2008.

Appeal from Forsyth (06CRS64553, 06CRS64554, 06CRS64555, 07CRS3829).

Case reported without published opinion. No error.
STATE v. Eddie Lamar TAYLOR.

No. 719A05.

Supreme Court of North Carolina.

July 3, 2007.

Anne M. Gomez, Assistant Appellate Defender, for Taylor.

William Crumpler, Assistant Attorney General, Susan Doyle, District Attorney, Daniel P. O'Brien, Raleigh, for State of NC.

The following order has been entered on the motion filed on the 25th day of June 2007 by Defendant for Extension of Time to File Brief:

"Motion Allowed. Defendant (Taylor) shall have up to and including the 30th day of July 2007 to file and serve his/her brief with this Court. By order of the Court in conference this the 3rd day of July 2007."
**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**     Pursuant to 18 U.S.C. Section 1350, each of the    undersigned officers of Valeant Pharmaceuticals International    hereby certifies, to the best of such officer’s knowledge,    that:     1. The Registrant’s quarterly report on    Form 10-Q    for the quarter ended September 30, 2006 (the    “Report”) fully complies with the requirements of    Section 13(a) or 15(d) of the Securities Exchange Act of    1934, as amended, and     2. The information contained in the Report fairly presents,    in all material respects, the financial condition and results of    operations of Registrant as of and for the periods presented in    the Report. /s/  Timothy    C. Tyson    Timothy C. Tyson    President and Chief Executive Officer     Date: January 22, 2007 /s/  Bary    G. Bailey    Bary G. Bailey    Executive Vice President and Chief Financial Officer     Date: January 22, 2007     A signed original of this written statement required by    Section 906 has been provided to Valeant Pharmaceuticals    International and will be furnished to the Securities and    Exchange Commission or its staff upon request.