alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023094EN.01006401.xml

| 13.3.2023 | EN | Official Journal of the European Union | C 94/64 |
| --- | --- | --- | --- |

13.3.2023

EN

Official Journal of the European Union

C 94/64

---

Action brought on 1 February 2023 — Daimler Truck v EUIPO (YOUR PERFORMANCE PLUS)

(Case T-35/23)

(2023/C 94/77)

Language of the case: German

Parties

Applicant: Daimler Truck AG (Leinfelden-Echterdingen, Germany) (represented by: P. Kohl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU word mark YOUR PERFORMANCE PLUS — Application No 18 464 821

Contested decision: Decision of the First Board of Appeal of EUIPO of 1 December 2022 in Case R 527/2022-1

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, including the costs incurred in the course of the opposition and appeal proceedings. |
| --- | --- |

—

order EUIPO to pay the costs, including the costs incurred in the course of the opposition and appeal proceedings.

Plea in law

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Order entered January 9, 2023

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-01228-CV

LEAH BUTTERWORTH, Appellant

V.

TRUIST BANK, Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-20-05553

ORDER

The reporter’s record in this case has not been filed. By letter dated 

November 21, 2022, we informed appellant the court reporter notified us that the 

reporter’s record had not been filed because appellant had not (1) requested the 

record; or (2) paid for or made arrangements to pay for the record. We directed 

appellant to provide the Court with written verification showing the reporter’s 

record had been requested and that appellant had paid for or made arrangements to 

pay for the record or had been found entitled to proceed without payment of costs. 
We cautioned appellant that failure to provide the required documentation within 

ten days might result in the appeal being ordered submitted without the reporter’s 

record. To date, appellant has not provided verification that the reporter’s record 

has been requested nor otherwise corresponded with the Court regarding the status 

of the reporter’s record. Accordingly, we ORDER this appeal submitted without a 

reporter’s record. 

Appellant’s brief is due THIRTY DAYS from the date of this order.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
STATE of North Carolina v. Charles Wayne SILVERS.

No. 621P05.

Supreme Court of North Carolina.

December 1, 2005.

Nora Henry Hargrove, for Charles Wayne Silvers.

Christopher W. Brooks, Assistant Attorney General, Elizabeth Lari, Assistant District *838Attorney, William C. Young, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 4th day of November 2005 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 1st day of December 2005."
Exhibit 99.1

                            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 Annual Report of Paladyne Corp. (the "Company") on Form
10-KSB for the period ending August 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Terrence J. Leifheit
President and Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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.


/s/ Terrence J. Leifheit
------------------------
Terrence J. Leifheit
President and Chief Executive Officer
December 16, 2002
<PAGE>




                                                                    EXHIBIT 99.1


                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 John Q. Hammons Hotels, Inc. on Form
10-Q for the period ended September 27, 2002, as filed with the Securities and
Exchange Commission, I, John Q. Hammons, 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:

         1.       The Quarterly Report fully complies with the requirements of
                  Section 13(a) of the Securities and Exchange Act of 1934; and

         2.       The information contained in this Quarterly Report fairly
                  presents, in all material respects, the financial condition
                  and results of operation of John Q. Hammons Hotels, Inc.


                                                      /s/ John Q. Hammons
                                                      -------------------
                                                      John Q. Hammons


November 8, 2002
Exhibit No. 11.   Statement re:  Computation of Per Share Earnings for the three
                  and  nine  months ended  September  30,  1999,  and 1998,  (in
                  thousands except per share data).


                                           Three Months Ended  Nine Months Ended
                                              September 30,      September 30,
                                             ---------------    --------------
                                              1999     1998      1999     1998
                                             ------   ------    ------   ------

     Net income                              $  950   $  460    $2,656   $  833
                                             ======   ======    ======   ======

Basic weighted average shares outstanding     3,342    3,606     3,328    3,682

Common stock equivalents due to dilutive
   effect of stock options                      117      136       102      163
                                             ------   ------    ------   ------

Diluted weighted average common
   shares outstanding                         3,459    3,742     3,430    3,845
                                             ======   ======    ======   ======


Basic earnings per share                     $  .28   $  .13    $  .80   $  .23
                                             ======   ======    ======   ======

Diluted earnings per share                   $  .27   $  .12    $  .77   $  .22
                                             ======   ======    ======   ======



                                       21
Parraguirre

notice of appeal is deemed "filed" when delivered to a prison official), we lack jurisdiction, and we

ORDER this appeal DISMISSED.



## / Hardesty ,J.

cc: Hon. Michael Villani, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Terrance Davis

2
Summary of Executive Life
Insurance Benefit
 
 The (a)
President/CEO and (b) other officers of Intermec, Inc. who were
(i)  employed as of May 1, 2007 and (ii) not covered by an individual
split dollar life insurance policy, are eligible for life insurance coverage
issued by Standard Life Insurance and paid by the Company.  The
benefit is four times “base salary”, subject to a maximum benefit of
$1,500,000.  Coverage over $600,000 is provided only if approved by
Standard Insurance, after additional information is provided by the covered
executive, who may also be required to take a medical exam.  The
covered executive will be taxed on the value of this life insurance coverage
each year, under IRS imputed income rules.  The Compensation Committee
of the Board of Directors at its meeting on July 8, 2008 approved the
participation of Mr. Byrne under this life insurance
coverage.
II 

110TH CONGRESS 

1ST SESSION S. 536 

To amend the Organic Foods Production Act of 1990 to prohibit the labeling 

of cloned livestock and products derived from cloned livestock as organic. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2007 

Mr. KOHL (for himself and Mr. LEAHY) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Organic Foods Production Act of 1990 to 

prohibit the labeling of cloned livestock and products 

derived from cloned livestock as organic. 

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

3 SECTION 1. DEFINITION OF CLONED LIVESTOCK. 

4 Section 2103 of the Organic Foods Production Act 

5 of 1990 (7 U.S.C. 6502) is amended— 

6 (1) by redesignating paragraphs (6) through 

7 (21) as paragraphs (7) through (22) respectively; 

8 and 


jcorcoran on PROD1PC62 with BILLS
2 

•S 536 IS

1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) CLONED LIVESTOCK.—The term ‘cloned 

4 livestock’ means— 

5 ‘‘(A) livestock produced as the result of so6 matic cell nuclear transfer or other asexual re7 production technologies; and 

8 ‘‘(B) the progeny of such livestock.’’. 

9 SEC. 2. NATIONAL STANDARDS FOR ORGANIC PRODUC10 TION. 

11 Section 2105 of the Organic Foods Production Act 

12 of 1990 (7 U.S.C. 6504) is amended— 

13 (1) in paragraph (2), by striking ‘‘and’’ at the 

14 end; 

15 (2) by redesignating paragraph (3) as para16 graph (4); and 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) not be cloned livestock, or produced or de20 rived from or containing any part of cloned livestock; 

21 and’’. 

Æ 


jcorcoran on PROD1PC62 with BILLS
<PAGE>

                                                                    EXHIBIT 32.1

CERTIFICATION

            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)

     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), the
undersigned officer of Western Wireless Corporation, a Washington corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

     The Quarterly Report on Form 10-Q/A for the three and six months ended June
     30, 2004 (the "Form 10-Q/A") of the Company fully complies with the
     requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
     1934 and information contained in the Form 10-Q/A fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

Dated:  November 15, 2004

                                               By:  /s/ JOHN W. STANTON
                                                    ----------------------------
                                                    John W. Stanton
                                                    Chairman of the Board and
                                                    Chief Executive Officer

     The foregoing certification is being furnished solely 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).
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
FINANCIAL STATEMENTS DATED DECEMBER 31, 1997, AND IS QUALIFIED IN ITS 
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         3700574
<INT-BEARING-DEPOSITS>                         1387130
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    6906252
<INVESTMENTS-CARRYING>                          314940
<INVESTMENTS-MARKET>                            319673
<LOANS>                                       28841881
<ALLOWANCE>                                      82834
<TOTAL-ASSETS>                                42430101
<DEPOSITS>                                    32081608
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             380805
<LONG-TERM>                                    4000341
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3317
<OTHER-SE>                                     5964030
<TOTAL-LIABILITIES-AND-EQUITY>                42430101
<INTEREST-LOAN>                                 611918
<INTEREST-INVEST>                                58714
<INTEREST-OTHER>                                137113
<INTEREST-TOTAL>                                807745
<INTEREST-DEPOSIT>                              378371
<INTEREST-EXPENSE>                               57258
<INTEREST-INCOME-NET>                           372116
<LOAN-LOSSES>                                     2000
<SECURITIES-GAINS>                                7309
<EXPENSE-OTHER>                                 302360
<INCOME-PRETAX>                                 100062
<INCOME-PRE-EXTRAORDINARY>                      100062
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     68789
<EPS-PRIMARY>                                      .24
<EPS-DILUTED>                                      .23
<YIELD-ACTUAL>                                     .02                     
<LOANS-NON>                                     286000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 80680
<CHARGE-OFFS>                                        0
<RECOVERIES>                                       154
<ALLOWANCE-CLOSE>                                82834
<ALLOWANCE-DOMESTIC>                             42900
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          39934
        

</TABLE>
# C_2023179EN.01007001.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/70 |
| --- | --- | --- | --- |

22.5.2023

EN

Official Journal of the European Union

C 179/70

---

Action brought on 31 March 2023 — Simpson Performance Products v EUIPO — Freundlieb (BANDIT)

(Case T-173/23)

(2023/C 179/97)

Language in which the application was lodged: German

Parties

Applicant: Simpson Performance Products, Inc. (New Braunfels, Texas, United States) (represented by: J. Götz, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Andreas Freundlieb (Berlin, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for EU word mark BANDIT — Application No 18 179 533

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 January 2023 in Case R 784/2022-2

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | dismiss EU trade mark application No 18 179 533 BANDIT; |
| --- | --- |

—

dismiss EU trade mark application No 18 179 533 BANDIT;

in the alternative:

| — | refer the proceedings back to another Board of Appeal of EUIPO for a fresh hearing and decision; |
| --- | --- |

—

refer the proceedings back to another Board of Appeal of EUIPO for a fresh hearing and decision;

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

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 107 of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 3(1) and Article 20(3) of the Grundgesetz für die Bundesrepublik Deutschland (Basic Law for the Federal Republic of Germany); |
| --- | --- |

—

Infringement of Article 107 of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 3(1) and Article 20(3) of the Grundgesetz für die Bundesrepublik Deutschland (Basic Law for the Federal Republic of Germany);

| — | Infringement of the second sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of the second sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20206 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus
RALPH EDWARD ESTES, Defendant-Appellant.

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

USDC No. CA-H-96-334
- - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges. PER CURIAM: * Ralph Edward Estes, #25012-079, appeals from the district court’s dismissal of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He argues that Congress exceeded its authority to regulate commerce by enacting 18 U.S.C. § 922(g)(1) and that § 922(g)(1) is unconstitutional as applied to the facts of his case. Estes’ claims are withoutNo. 96-20206 -2- merit. We have held that § 922(g)(1) is valid under the Commerce Clause. United States v. Rawls , 85 f.3d 240, 242 (5th Cir. 1996). Section 922(g)(1) is not unconstitutional as applied to the instant case. See id . at 242-43. AFFIRMED.
EXHIBIT 32.02***CERTIFICATION BY CHIEF FINANCIAL OFFICER***     I, Theresa D. Becks, the Chief Financial Officer of Campbell & Company, Inc. as managingoperator, of The Campbell Fund Trust, certify that (i) the Form 10K for the year ended December 31,2006 of The Campbell Fund Trust fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and (ii) the information contained in the Form 10K for the yearended December 31, 2006 fairly presents, in all material respects, the financial condition andresults of operations of The Campbell Fund Trust.         THE CAMPBELL FUND TRUST    By: Campbell & Company, Inc., managing operator     By: /s/ Theresa D. Becks             Theresa D. Becks      Chief Financial Officer      March 30, 2007  
 E 5
**Exhibit 32.1**

** **

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

Inconnection with the Quarterly Report of ERP Operating Limited Partnership(“ERPOP”) on Form 10-Q for the period ending June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Bruce W. Duncan, Chief Executive Officer of Equity Residential,general partner of ERPOP, certify, pursuant to 18.U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge:

 

(1)                                  The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of ERPOP .

 

 
| /s/                         | Bruce W. Duncan |   |
|-----------------------------|-----------------|--------|
| Bruce W.  Duncan            |
| Chief  Executive Officer of |
| Equity  Residential         |
| August 13,  2003            |

 

 

**Asigned original of this written statement required by Section 906 or otherdocument authenticating, acknowledging or otherwise adopting the signature thatappears in typed form within the electronic version of this written statementrequired by Section 906, has been provided to ERPOP and will be retained byERPOP and furnished to the Securities and Exchange Commission or its staff uponrequest.**

 

----
EXHIBIT 31.1

CERTIFICATION

I, Randolph F. Williams, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of LSB Financial Corp. (the "Registrant");

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 statement were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the consolidated financial statements, and other financial information included in this report, fairly present in all material respects the consolidated financial
condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;

4. The Registrant'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 registrant and have:

> a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;
> 
> b) evaluated the effectiveness of the Registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures
> as of the end of the period covered by this report based on such evaluation; and
> 
> c) disclosed in this report any changes in the Registrant's internal control over financial reporting that occurred during the Registrant's most recent fiscal quarter that has materially affected,
> or is reasonably likely to materially affect, the Registrant's internal control over financial reporting;

5. The Registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrant's auditors and the audit
committee of Registrant'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 Registrant's
> ability to record, process, summarize and report financial information; and
> 
> b) any fraud, whether of not material, that involves management or other employees who have a significant role in the
> Registrant's internal control over financial reporting.

Date: May 13, 2004

| | /s/ Randolph F. WilliamsRandolph F. WilliamsPresident and Chief Executive Officer
| | ---------------------------------------------------------------------------------