alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals 

For the Seventh Circuit

Chicago, Illinois 60604

August 27, 2008

Before

DIANE P. WOOD, Circuit Judge

JEREMY KUNZ, ] Appeals from the United

 Plaintiff-Appellee, ] States District Court of

 Cross-Appellant ] the Northern District of 

 ] Illinois, Eastern Division

Nos. 06-3828 & 06-3827 v. ] 

 ] No. 01 C 1753

RICHARD DEFELICE, Officer, ] 

Defendant-Appellant, ] James B. Zagel,

Cross-Appellee ] Judge.

 ]

and ]

 ]

CITY OF CHICAGO, et al., ]

Defendants, ]

Cross-Appellees. ]

Upon consideration of the MOTION TO CORRECT PUBLISHED OPINION, filed

on August 25, 2008, by counsel for the City of Chicago,

IT IS ORDERED that the motion to correct the opinion is GRANTED.  On page 2 of

the slip opinion, the sentence beginning on line 12 shall be corrected as follows:  “The City

and DeFelice appeal from those judgments” is replaced with “DeFelice appeals from those

judgments”.  On lines 9 and 10 of page 23 of the slip opinion, “June 22, 2006 opinion” shall

be replaced with “September 16, 2005 order”.  On line 16 of page 23 of the slip opinion,

“June 22, 2006 opinion” shall be replaced with “September 16, 2005 order”.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary 

                    The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under subpart B (formerly subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201*et. seq.*). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.                 

*Docket Number:*                     OST-2005-22261 and OST-2005-22228.                 

*Date Filed:*                     August 26, 2005.                           ( print page 54601)    

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*

*Description:*                     Application of American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle, in response to the Department's notice of August 23, 2005 on streamlining regulatory procedures for licensing U.S. and foreign air carriers, requesting a certificate of public convenience and necessity authorizing scheduled foreign air transportation of persons, property to correspond to U.S.-Mexico routes for which American Eagle Airlines, Inc. holds authority by exemption.                 

Renee V. Wright, 

Program Manager, Docket Operations, Federal Register Liaison. 

[FR Doc. 05-18331 Filed 9-14-05; 8:45 am] 

BILLING CODE 4910-62-P
# C_2023304EN.01002402.xml

| 28.8.2023 | EN | Official Journal of the European Union | C 304/24 |
| --- | --- | --- | --- |

28.8.2023

EN

Official Journal of the European Union

C 304/24

---

Action brought on 5 July 2023 — Väderstad v EUIPO (Position of a combination of presentational features)

(Case T-362/23)

(2023/C 304/29)

Language of the case: English

Parties

Applicant: Väderstad Holding AB (Väderstad, Sweden) (represented by: A. Rasmussen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union mark representing the position of a combination of presentational features — Application for registration No 18 131 026

Contested decision: Decision of the Second Board of Appeal of EUIPO of 13 April 2023 in Case R 59/2021-2

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | as a subsidiary claim, annul the contested decision in relation to the goods in class 7; |
| --- | --- |

—

as a subsidiary claim, annul the contested decision in relation to the goods in class 7;

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

—

order EUIPO to bear the costs.

Plea in law

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

—

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

---
STATE of North Carolina v. Brandon Tyrone CURTIS.

No. COA15-74.

Court of Appeals of North Carolina.

Sept. 1, 2015.

**CASE REPORTED WITHOUT PUBLISHED OPINON**

No Error.
EXHIBIT 11

                             XECHEM INTERNATIONAL, INC.

                              EARNINGS [LOSS] PER SHARE



                                                              Years ended
                                                              December 31,
                                                          1 9 9 7      1 9 9 6
                                                          -------      -------


Average shares outstanding disregarding dilutive
  stock options and redeemable warrants                93,162,589     7,321,966

Assumed exercise of dilutive stock options and
  redeemable warrants based on the treasury stock
  method using the year end market price                  114,219            --

Assumed conversion of Series C Preferred Stock                 --    20,120,000
                                                       ----------   -----------

  Diluted Shares Outstanding                           93,276,808    27,441,966

  Net [Loss] Available to Common Stockholders         $(5,281,552)  $(3,174,205)
                                                      ===========   ===========

  Diluted [Loss] Per Share                            $      (.06)  $      (.12)
                                                      ===========   ===========

This calculation is submitted in accordance with Securities Exchange Act of 1934
Release No. 9083  although it is contrary to  Paragraph  40 of APB No. 15 and to
SFAS No. 128 because it produces an antidilutive result.



                                         47
Sherif A. PHILIPS, M.D. v. PITT COUNTY MEMORIAL HOSPITAL, INCORPORATED; Paul Bolin, M.D.; Ralph Whatley, M.D.; Sanjay Patel, M.D.; And Cynthia Brown, M.D.

No. 368P12-2.

Supreme Court of North Carolina.

Nov. 5, 2015.

C. David Creech, New Bern, for Pitt County Memorial Hospital Incorporated, et al.

Jay C. Salsman, New Bern, for Pitt County Memorial Hospital Incorporated, et al.

Sherif A. Philips, for Philips, Sherif A. (M.D.).

*ORDER*

Upon consideration of the petition filed on the 28th of August 2015 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order *85was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 5th of November 2015."

Upon consideration of the petition filed by Plaintiff on the 28th of August 2015 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 5th of November 2015."
----

(2004/C 65 E/279)

WRITTEN QUESTION E-3063/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(17 October 2003)

Subject:   European Parliament and Council Directive 2001/83/EC on the Community code relating to medicinal products for human use

It has been scientifically proven that medicines affect women and men differently, yet women are underrepresented in clinical trials and the data gathered is not systematically treated as gender-specific.

North Rhine-Westphalia's Commission of Inquiry, ‘The future of women-friendly healthcare in North Rhine-Westphalia’, has put forward suggestions for a women-friendly implementation of Directive 2001/83/EC (1). It considers that the directive needs to be amended to take women into account in research.

Answer given by Mr Liikanen on behalf of the Commission

(19 November 2003)

The Directive 2001/83/EC, as amended by Commission Directive 2003/63/EC of 25 June 2003 (2), sets out in its Annex I the analytical, pharmacotoxicological and clinical standards and protocols in respect of the testing of medicinal products for the purpose of granting a marketing authorisation.

In Part I point 5.2. (f) of this Annex, it is foreseen that the clinical observations shall be summarised for each trial indicating:

The general rule, as foreseen in Directive 2001/83/EC, is therefore that an appropriate study design should be chosen and the clinical trial must be conducted in a way that the results of the trials, including the statistical assessment, must provide a positive efficacy of the indication, which supports a marketing authorisation of the medicinal product without a gender specific restriction.

Exceptions to this general obligation are only accepted for marketing authorisations of medicines with gender specific indications.

----

(1)OJ L 311, 28.11.2001, p. 67.

(2)OJ L 159, 27.6.2003.

----
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 11001 Non

- Argument Calendar

________________________ D.C. Docket No. 4:13

- cr - 00007

- WTM

- GRS

- 12

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus
LEROY CHISHOLM, a.k.a. Fats, Defendant

- Appell ant.

________________________ Appeal from the United States District Court for the Southern District of Georgia

________________________ (December 4, 2014) Before MARCUS , WILLIAM PRYOR and JULIE CARNES , Circuit Judges.
PER CURIAM:

Case: 14-11001 Date Filed: 12/04/2014 Page: 1 of 22 Mark Hendrix, appointed counsel for Leroy Chisholm in this appeal, has moved to withdraw from further representation of the appellant and has filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals th at counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED , and Chisholm’s conviction and sentence are AFFIRMED

. Case: 14-11001 Date Filed: 12/04/2014 Page: 2 of 2
STATE v. TALLENT.

No. COA08-359.

Court of Appeals of North Carolina.

Filed November 18, 2008.

Certification Date December 8, 2008.

Appeal from Macon (07CRS50276).

Case reported without published opinion. Dismissed.
STATE v. GARY.

No. COA08-309.

Court of Appeals of North Carolina.

Filed November 4, 2008.

Certification Date November 24, 2008.

Appeal from New Hanover (05CRS55982).

Case reported without published opinion. No error.
Exhibit 32.1CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the Quarterly Report on Form 10-Q of LIN TV Corp. for the three monthsended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the“Report”), the undersigned, Vincent L. Sadusky, President and Chief Executive Officer of theCompany, and Bart W. Catalane, Senior Vice President and Chief Financial Officer of the Companyhereby certifies, pursuant to 18 U.S.C. Section 1350, that:  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.        Dated: May 8, 2008 /s/ Vincent L. Sadusky   Vincent L. Sadusky   President and Chief Executive Officer      Dated: May 8, 2008 /s/ Bart W. Catalane   Bart W. Catalane   Senior Vice President and Chief Financial Officer
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 NACO Industries, Inc. (the "Company")
on Form 10-QSB for the fiscal  quarter ended February 28, 2003 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Verne
E. Bray, 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, to the best of my knowledge:

          (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/ Verne E. Bray
------------------------
Verne E. Bray
Chief Executive Officer

April 11, 2003
----

(2004/C 70 E/204)

WRITTEN QUESTION E-3112/03

by Giacomo Santini (PPE-DE), Elena Padotti (PSE), Luciana Sbarbati (ELDR), Giovanni Pittella (PSE), Generoso Andria (PPE-DE), Enrico Ferri (PPE-DE), Carlo Fatuzzo (PPE-DE), Gianfranco Dell'Alba (NI), Roberta Angelilli (UEN), Stefano Zappalà (PPE-DE), Paolo Pastorelli (PPE-DE), Antonio Di Pietro (ELDR), Mauro Nobilia (UEN), Sebastiano Musumeci (UEN), Michl Ebner (PPE-DE), Roberto Bigliardo (UEN), Catherine Guy-Quint (PSE), Adriana Poli Bortone (UEN), Fiorella Ghilardotti (PSE), Monica Frassoni (Verts/ALE), Franz Turchi (UEN), Massimo Carraro (PSE), Guido Bodrato (PPE-DE), Francesco Musotto (PPE-DE), Vincenzo Lavarra (PSE), Vitaliano Gemelli (PPE-DE) and Giovanni Fava (PSE) to the Commission

(22 October 2003)

Subject:   EU information policy — legal basis for the European ‘Carrefours ruraux’ and ‘Info-Points Europe’ — urgent need for operational subsidy for 2004

Knowing that:

A letter sent out by DG PRESS on 29 September 2003 informed the national organisations that host the networks — contrary to previous announcements — that the renewal of the agreement for 2004 will no longer carry the right to a subsidy; for the future, the Commission will consider new forms of cooperation, in the light of the entry into force on 1 January 2003 of the Financial Regulations 1605/2002 (2) and 2342/2002 (3).

These new and unforeseen circumstances are such as to jeopardise the very survival of the networks, and will, at all events, drastically reduce their capacity to engage in dialogue with the public, at a crucial moment in the Union's history which calls for such capacities to be developed further.

Can the Commission state:

----

(1)OJ C 92 E, 17.4.2003, p. 158.

(2)OJ L 248, 16.9.2002, p. 1.

(3)OJ L 357, 31.12.2002, p. 1.

----
STATE of North Carolina v. Jonathan Odell TEETER, a/k/a Jonathan Udell Teeter.

No. COA15-570.

Court of Appeals of North Carolina.

Feb. 16, 2016.

**Case Reported Without Published Opinion**

No Error.
<PAGE>   1
                              [INFOBEAT LETTERHEAD]

                                                                EXHIBIT 10.22(a)

                                                                   June 22, 2000


Alan Katzman, Esq.
General Counsel
i3 Mobile, Inc.
181 Harbor Drive, 3rd Floor
Stamford, CT 06902

Dear Alan:

Reference is made to the i3 Mobile, Inc. Wireless Content Services Enterprise
Agreement (the "Agreement") between you and us.

By signing below, i3 Mobile agrees to the following:

1.      Without limiting i3 Mobile's obligation to launch the Wireless Portal
        (as defined in the Agreement) within six (6) weeks after the
        specification document is mutually approved, as provided for in
        Paragraph F of Appendix A of the Agreement, the timing of the market
        launch for the Wireless Portal will occur no earlier than the currently
        contemplated launch date of the new InfoBeat website, currently slated
        for September 15, 2000, which may be delayed by InfoBeat in its sole
        discretion.

2.      The initial term of the Agreement, as provided for in Section 5 therein,
        shall not begin until September 15, 2000, or such date as the Wireless
        Portal shall be launched pursuant to the foregoing paragraph 1.

This letter shall be governed by the laws of the State of New York.

Very truly yours,

INFOBEAT, INC.


By: /s/ Mark Wachen
    -------------------------
    Name:
    Title:


Acknowledged and Agreed To:

I3 MOBILE, INC.


By: /s/ Stephen G. Maloney
    -------------------------
    Name:  Stephen G. Maloney
    Title: President and CEO

cc:     M. Wachen, M. Garaud, M. Leal
Michael Scott UNDERWOOD, Plaintiff, v. Esperanza Maria ORDONEZ, M.D., Defendant.

No. COA15-455.

Court of Appeals of North Carolina.

Jan. 19, 2016.

**Case Reported Without Published Opinion**

Reversed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7649

ROBERT J. BEAN, Plaintiff - Appellant, versus RONALD J. ANGELONE; FRED SHILLING, Director, Health Services Virginia Department of Corrections; UGWUALE NWAUCHE, Doctor; PAGE TRUE, Warden, Red Onion State Prison; KATHLEEN A. DEPONTE, Doctor, at St. Mary's Hospital, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-02-1088-7) Submitted: December 17, 2003 Decided: February 10, 2004 Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert J. Bean, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia; Edward Joseph McNelis, III, John David McChesney, RAWLS & MCNELIS, P.C., Richmond, Virginia; Heather Helaine Polzin, FLIPPIN, DENSMORE, MORSE & JESSEE, Roanoke, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Robert J. Bean appeals the district court’s judgment denying relief on his 42 U.S.C. § 1983 (2000) complaint alleging deliberate indifference to his medical needs. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Bean v. Angelone , No. CA-02-1088-7 (W.D. Va. Sept. 23, 2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Dontez SIMUEL v. Superintendent G.J. HAYNES.

No. 491P02-2.

Supreme Court of North Carolina.

January 16, 2009.

Dontez L. Simuel, Pro Se.

Kathleen U. Baldwin, Assistant Attorney General, for State/Haynes.

*ORDER*

Upon consideration of the application filed by Plaintiff on the 14th day of January 2009 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Wake County:

"Denied by order of the Court in conference, this the 16th day of January 2009."
Exhibit 23

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS




We  hereby  consent  to the use in the  Annual  Report  on Form  10-KSB of Baron
Capital Trust of our report dated  February 25, 2000,  except for Note 12, as to
which the date is April 7, 2000 (which report contains an explanatory  paragraph
relating to substantial  doubt about the Trust's  ability to continue as a going
concern)  relating to the  consolidated  financial  statements  of Baron Capital
Trust as of  December  31, 1999 and for each of the two years in the period then
ended, appearing in such Annual Report.



                                                 RACHLIN COHEN & HOLTZ LLP

Miami, Florida
April 14, 2000
##### 



EXHIBIT 31.1 Orthodontic Centers of America, Inc.
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 I, Bartholomew F. Palmisano, Sr., certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Orthodontic Centers of
America, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the 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 change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and  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 or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting. May 20, 2004
    Date:/s/ Bartholomew F. Palmisano, Sr.Bartholomew F. Palmisano, Sr.Chairman of the Board, President and
Chief Executive Officer