alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008272EN.01002402.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/24 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/24

---

Judgment of the Court of First Instance of 9 September 2008 — Honda Motor Europe v OHIM — Seat (MAGIC SEAT)

(Case T-363/06) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark MAGIC SEAT - Earlier national figurative trade mark SEAT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/45)

Language of the case: English

Parties

Applicant: Honda Motor Europe Ltd (Slough, Berkshire, United Kingdom) (represented by: S. Malynicz, Barrister, and N. Cordell, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Seat SA (Barcelona, Spain)

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

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 960/2005-1) relating to opposition proceedings between Seat SA and Honda Motor Europe Ltd.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Honda Motor Europe Ltd to pay the costs. |
| --- | --- |

2.

Orders Honda Motor Europe Ltd to pay the costs.

---

(1)  OJ C 20, 27.1.2007.

1

---
GREENE v. TRUSTEE SERVICES OF CAROLINA, LLC, et al. and In re Kenley.

No. 26P16-1.

Supreme Court of North Carolina.

Jan. 22, 2016.

Erin Rozzelle, Charlotte, for Greene, Shaka.

D. Anderson Carmen, for U.S. Bank, N.A., et al.

Adam T. Duke.

Gregory D. Spink, for Trustee Services of Carolina, LLC.

The following order has been entered on the motion filed on the 21st of January 2016 by Plaintiff-Appellant for Temporary Stay:

> "Motion Allowed by order of the Court in conference, this the 22nd of January 2016."
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 Defense

###### Office of the Secretary

# AGENCY:

Department of Defense.

# ACTION:

Notice. 

# SUMMARY:

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following Committee meeting:

# DATES:

March 15, 2005 from 9000 to 1700 and March 16, 2005 from 0800 to 1525.

# ADDRESSES:

Quality Inn Jacksonville, 701 N. Marine Blvd., Jacksonville, NC 28540.

# FOR FURTHER INFORMATION CONTACT:

Ms. Taunya King, SERDP Program Office, 901 North Stuart Street, Suite 303, Arlington, VA or by telephone at (703) 696-2124.

# SUPPLEMENTARY INFORMATION:

## Matters To Be Considered

Research and Development proposals and continuing projects requesting Strategic Environmental Research and Development Program funds in excess of $1M will be reviewed.

This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board.

Dated: January 26, 2005.

Jeannette Owings-Ballard,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 05-1857  Filed 1-31-05; 8:45 am]

BILLING CODE 5001-06-M
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-7171

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MARSHALL NICHOLSON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (5:07-hc-02057-BR)

Submitted: August 1, 2008 Decided: August 28, 2008

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Jane E. Pearce,

Assistant Federal Public Defender, Raleigh, North Carolina, for

Appellant. George E. B. Holding, United States Attorney, Anne M.

Hayes, Assistant United States Attorney, David T. Huband, Special

Assistant United States Attorney, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Marshall Nicholson appeals the district court’s order,

under 18 U.S.C. § 4245 (2000), finding that he is presently

suffering from a mental disease or defect for which he is in need

of custody for care and treatment in a suitable facility.

Nicholson contends the district court clearly erred in reaching

this finding. We affirm. 

Section 4245 provides for the hospitalization of an

imprisoned person suffering from mental disease or defect. The

district court properly grants a § 4245 motion if the government

proves by a preponderance of the evidence that the inmate currently

suffers from a mental disease or defect requiring “custody for care

or treatment in a suitable facility.” 18 U.S.C. § 4245(a), (d);

see United States v. Baker, 45 F.3d 837, 840 (4th Cir. 1995). The

district court’s determination of this issue is one of fact, which

is reviewed by the appellate court under a clearly erroneous

standard. See United States v. Bean, 373 F.3d 877, 879 (8th Cir.

2004). A finding is clearly erroneous when “‘the reviewing court

on the entire evidence is left with the definite and firm

conviction that a mistake has been committed.’” United States v.

Dugger, 485 F.3d 236, 239 (4th Cir. 2007) (quoting United States v.

U.S. Gypsum Co., 333 U.S. 364, 395 (1948)). 

In making its assessment, the district court relied on

the written evaluation of staff at FCI Butner, an independent
- 3 -

psychiatrist’s written evaluation, and the live testimony of a

Butner psychiatrist. The unanimous conclusion of the experts was

that Nicholson suffered from a mental disease or defect for which

he required treatment at a suitable facility. Nicholson presented

no evidence to the contrary. We therefore have no difficulty

concluding that the district court did not clearly err when it

found Nicholson needed to be placed in a suitable facility for

treatment of his mental illness under § 4245. 

We affirm the district court’s order. 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
STATE v. Fernando HURTADO.

No. 17P16-1.

Supreme Court of North Carolina.

March 17, 2016.

Amanda S. Zimmer, Southern Pines, for Hurtado, Fernando.

Whitney Hendrix Belich, Assistant Attorney General, for State of North Carolina.

N. Lorrin Freeman, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 25th of January 2016 by State of NC to Dismiss Appeal:

> "Motion Dismissed as moot by order of the Court in conference, this the 17th of March 2016."
#### Wayne Cooperative Insurance Company, Appellant, v David Woodward et al., Respondents.

(Appeal No. 2.)

[801 NYS2d 178]

Appeal from an order of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered August 11, 2004 in a declaratory judgment action. The order, insofar as appealed from, denied plaintiffs cross motion for summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs *(see Hughes v Nussbaumer, Clarke & Velzy,*140 AD2d 988 [1988]; *Chase Manhattan Bank, N.A. v Roberts & Roberts,*63 AD2d 566, 567 [1978]; *see also*CPLR 5501 [a] [1]). Present—Pigott, Jr., PJ., Green, Hurlbutt, Kehoe and Pine, JJ.
H. R. 3682 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To designate the community based outpatient clinic of the Department of Veterans 

Affairs located at 1961 Premier Drive in Mankato, Minnesota, as the ‘‘Lyle C. 

Pearson Community Based Outpatient Clinic’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. LYLE C. PEARSON COMMUNITY BASED OUTPATIENT 

CLINIC. 

(a) DESIGNATION.—The community based outpatient clinic of 

the Department of Veterans Affairs located at 1961 Premier Drive 

in Mankato, Minnesota, shall be known and designated as the 

‘‘Lyle C. Pearson Community Based Outpatient Clinic’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the clinic 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Lyle C. Pearson Community Based Outpatient Clinic’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<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 April 4, 2003, as filed with the Securities and
Exchange Commission, we, John Q. Hammons, Chief Executive Officer, and Paul E.
Muellner, Chief Financial 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.

A signed original of this written statement required by Section 906 has been
provided to John Q. Hammons Hotels, Inc. and will be retained by John Q. Hammons
Hotels, Inc. and furnished to the Securities and Exchange Commission or its
Staff upon request.



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



                                 /s/ Paul E. Muellner
                                 --------------------
                                 Paul E. Muellner

May 16, 2003
In the Matter of A.L., Jr.

No. COA15-529.

Court of Appeals of North Carolina.

March 15, 2016.

**Case Reported Without Published Opinion**

Affirmed.
Christina D'Alessandro v. Adam D'Alessandro

No. 72P16

Supreme Court of North Carolina.

June 9, 2016

Joyce L. Terres, Assistant Appellate Defender, For D'Alessandro, Adam.

T. Miles Williams, Attorney at Law, For D'Alessandro, Christina.

Teresa Y. Davis, Attorney at Law, For D'Alessandro, Christina.

Adam D'Alessandro, Pro Per.

**ORDER**

The following order has been entered on the motion filed on the 7th of March 2016 by Defendant for Temporary Stay:

"Motion Dissolved by order of the Court in conference, this the 9th of June 2016."

Upon consideration of the petition filed by Defendant on the 7th of March 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered *269and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of June 2016."

Upon consideration of the petition filed on the 22nd of March 2016 by Defendant 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 was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of June 2016."
**Order of the Court of First Instance (Second Chamber) of 29 August 2007 – SELEX Sistemi Integrati v Commission**

**(Case T-186/05)**

Action for damages – Non-contractual liability – Competition – Decision of the Commission rejecting a complaint under Article 82 EC – Action in part manifestly inadmissible and in part manifestly without foundation in law – Actual loss

1.                     *Non-contractual liability – Damage – Damage for which compensation due (Art. 288, second para., EC) (see paras 15-16)*

2.                     *Non-contractual liability – Conditions – Actual and certain damage – Burden of proof (Art. 288, second para., EC) (see paras
20, 27, 33, 36)*

**Re:**

| |
| --- |
| ACTION for damages for the loss allegedly suffered by the applicant as a result of the decision of the Commission of 12 February 2004 rejecting the complaint brought by the applicant against Eurocontrol in respect of alleged infringements of the provisions of the EC Treaty on competition. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| | | Dismisses the action as in part manifestly inadmissible and in part manifestly without foundation in law; |

| | | |
| --- | --- | --- |
| | | Orders SELEX Sistemi Integrati Spa to pay the costs. |
fs12010ex10ix_chinawood.htm


Exhibit 10.7


 


 


Form Supplier Agreement







                                                                                                                                              Agreement No.__


              Agreement Dated:__




          Party A:


          Party B:







WITNESSETH







          WHEREAS, the parties hereto desire to enter into this Agreement to define and set forth the terms and conditions of the sales and purchase between Party A and Party B;







          NOW, THEREFORE, in consideration of the mutual covenants and agreements as set forth below, and in compliance with the “Contract Law of the People’s Republic of China,” it is hereby covenanted and agreed by both parties as follows:


 



	
1.  

	
Item:








	
2.  

	
Class:








	
3.  

	
Glue:













	
Specification

	
Quantity(M3)

	
Price per Unit

	
Total Price

	
Note


	
Thickness

	
Length

	
Width

	  	  	  	  
	  	  	  	  	  	  	  
	  	  	  	  	  	  	  
	
Total

	  	  	  	  
















	
1.  

	
Measurement. The items sold shall be measured in cubic meter, and shall be freshly logged without apparent decay, twist, marine borer or apriona germari erode.













	
2.  

	
Tender of Goods.  Party B ensures that the items sold are ready for tender at the execution of this agreement. Party A shall take possession of the items sold at the destination port.













	
3.  

	
Breach of Agreement. The breaching party shall remedy the non-breaching party for all the economical loss and shall be liable for any legal consequences caused hereof.













	
4.  

	
Payment Method.  The payment shall be made to the independent third party Optimost Investment Limited within 90 days.













	
5.  

	
This Agreement is executed in two (2) copies with each party holding one copy.












 


 


1


 




  





  











  











           IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and become effective as of the date first above written upon the signature and seals by both parties.







 


           Party A:  Simply Good Limited







 


           Party B:  __







Date:__







2
<TABLE> <S> <C>

<ARTICLE> 5
<S>                                                   <C>
<PERIOD-TYPE>                                         9-MOS
<FISCAL-YEAR-END>                       OCT-31-1997
<PERIOD-START>                          NOV-01-1996
<PERIOD-END>                            JUL-31-1997
<CASH>                                      501,949
<SECURITIES>                                     336
<RECEIVABLES>                                264,625
<ALLOWANCES>                                (57,589)
<INVENTORY>                                8,684,865
<CURRENT-ASSETS>                                   0
<PP&E>                                     5,757,007
<DEPRECIATION>                            (2,106,210)
<TOTAL-ASSETS>                            20,006,263
<CURRENT-LIABILITIES>                              0
<BONDS>                                   60,059,384
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                   3,484,560
<OTHER-SE>                              (46,013,891)
<TOTAL-LIABILITY-AND-EQUITY>              20,006,263
<SALES>                                    6,802,868
<TOTAL-REVENUES>                           7,364,915
<CGS>                                      4,940,255
<TOTAL-COSTS>                              6,326,304
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                            95,912
<INCOME-PRETAX>                              963,100
<INCOME-TAX>                                 386,000
<INCOME-CONTINUING>                          577,100
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 577,100
<EPS-PRIMARY>                                    .17
<EPS-DILUTED>                                      0
        

</TABLE>
**Exhibit 32**

 

**CERTIFICATIONS OF PERIODIC REPORT**

 

 

I, James A. Bowman, Presidentand Chief Executive Officer of Encision Inc. (the “Company”), certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that,to the best of my knowledge:

 

•                  the QuarterlyReport on Form 10-QSB of the Company for the quarterly period ended June 30,2003 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

•                  the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 
| Dated:   August  14, 2003 |                                   |
|------------------------------------------|----------------------------------------|
|                                     |                                   |
|                                     | /s/ James A.  Bowman                   |   |
|                                     |                                   |
|                                     | James A.  Bowman                       |
|                                     | President  and Chief Executive Officer |

 

 

I, Marcia McHaffie, Controllerand Principal Accounting Officer of Encision Inc. (the “Company”), certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section1350, that, to the best of my knowledge:

 

•                  the QuarterlyReport on Form 10-QSB of the Company for the quarterly period ended June 30,2003 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

•                  the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Dated:   August  14, 2003. |                                         |
|-------------------------------------------|----------------------------------------------|
|                                      |                                         |
|                                      | /s/ Marcia  McHaffie                         |   |
|                                      |                                         |
|                                      | Marcia  McHaffie                             |
|                                      | Controller  and Principal Accounting Officer |

 

----
**Exhibit 99.5**CERTIFICATION PURSUANT TO18 U.S.C. §1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the annual report of Goldcorp Inc. (the “Company”) on Form 40-F for the periodended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, C. Kevin McArthur, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:     (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and     (2) The information contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.     Date: March 28, 2008 /s/ C. Kevin McArthur         C. Kevin McArthur    Chief Executive Officer  A signed original of this written statement required by Section 906 has been provided to GoldcorpInc. and will be retained by Goldcorp Inc. and furnished to the Securities and Exchange Commissionor its staff upon request.
 

 
CERTIFICATION PURSUANT TO18 U.S.C. §1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the annual report of Goldcorp Inc. (the “Company”) on Form 40-F for the periodended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Lindsay A. Hall, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:     (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and     (2) The information contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.     March 28, 2008 /s/ Lindsay A. Hall         Lindsay A. Hall    Chief Financial Officer  A signed original of this written statement required by Section 906 has been provided to GoldcorpInc. and will be retained by Goldcorp Inc. and furnished to the Securities and Exchange Commissionor its staff upon request.