alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009069EN.01003601.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/36 |
| --- | --- | --- | --- |

21.3.2009

EN

Official Journal of the European Union

C 69/36

---

Judgment of the Court of First Instance of 28 January 2009 — Germany v Commission

(Case T-74/07) (1)

1

(ERDF - Reduction of financial assistance - Change to the financing plan without the consent of the Commission - Maximum rates of financing laid down for specific measures - Concept of significant change - Article 24 of Regulation (EEC) No 4253/88 - Duty to state the reasons on which the decision is based - Action for annulment)

(2009/C 69/83)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and C. Blaschke, acting as Agents, assisted by C. von Donat, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: G. Wilms and L. Flynn, acting as Agents)

Defendant:

Re:

Action for annulment of Commission Decision C(2006) 7271 final of 27 December 2006 on the reduction of the period of the financial contribution of the European Regional Development Fund (ERDF) granted to the Operational Programme under the Community initiative INTERREG II in the Saarland, Lorraine and Western Palatinate regions in Germany.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders the Federal Republic of Germany to pay the costs. |
| --- | --- |

2.

Orders the Federal Republic of Germany to pay the costs.

---

(1)  OJ C 95, 28.4.2007.

1

---
**EXHIBIT      32.1**

| i.                           | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934; and                                |
|--------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                           |                                                                                                                                                                                              |
| ii.                                         | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |

| Dated:                February 14, 2007 |                                                                                                                                                                    |
|-----------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                    |                                                                                                                                                                    |
|                                    | /S/                ROBERT Y.                LEE                     |
|                                    | Name:                Robert Y. Lee                                                                                                                                      |
|                                    | Title:                Chief Executive Officer                                                                                                                           |
# C_2008128EN.01001602.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/16 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/16

---

Order of the Court (Fifth Chamber) of 15 February 2008 — Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-243/07) (1)

1

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Word sign ‘terranus’ - Refusal of registration)

(2008/C 128/27)

Language of the case: German

Parties

Appellant: Carsten Brinkmann (represented by: K. van Bebber, Rechtsanwältin)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Terra Networks SA

Other parties to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 in Case T 322/05 Brinkmann v OHIM — Terra Networks (Terranus) dismissing the action brought by the applicant for the Community word mark ‘TERRANUS’ (for goods in Class 36) for annulment of Decision R 1145/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 June 2005, by which the appeal against the decision of the Opposition Division to refuse registration of the mark was dismissed in opposition proceedings brought by the holder of the Community trade mark and national figurative mark ‘TERRA’ for goods in Class 36 — Likelihood of confusion between the two marks

Brinkmann

OHIM

Terra Networks

Terranus

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Mr Brinkmann is ordered to pay the costs. |
| --- | --- |

2.

Mr Brinkmann is ordered to pay the costs.

---

(1)  OJ C 199, 25.8.2007.

1

---
United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.L., Appellant 

and 

DEPARTMENT OF TRANSPORTATION, 

FEDERAL RAILROAD ADMINISTRATION, 

Kansas City, MO, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 13-1122 

Issued: September 26, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On April 10, 2012 appellant filed a timely appeal from November 14, 2012 and 

March 13, 2013 merit decisions of the Office of Workers’ Compensation Programs (OWCP). 

The claim was docket as No. 13-1122. 

This claim has previously been before the Board. In an order dated August 13, 2012, the 

Board remanded the case to OWCP. The Board noted that appellant had two accepted claims for 

back conditions, one that occurred during a lifting incident in 1987, and one that occurred in a 

motor vehicle accident in 1988. These claims were adjudicated by OWCP under file numbers 

xxxxxx505 and xxxxxx534 respectively. The instant claim, for aggravation of preexisting 

degenerative disc disease, was filed on May 10, 2010 and was adjudicated by OWCP under file 

number xxxxxx789. The Board remanded the case for OWCP to combine the current claim with 

OWCP file numbers xxxxxx505 and xxxxxx534 and after any further development deemed 

necessary, to issue an appropriate de novo decision. 

On remand, OWCP combined the three case files, and by decision dated November 14, 

2012, it again denied the instant claim on the grounds that it was not timely filed. Appellant 

timely requested a review of the written record, and in a March 13, 2013 decision, an OWCP 

hearing representative affirmed the November 14, 2012 decision. The hearing representative 
2

noted that on July 8, 2010 OWCP accepted degenerative disc disease from L2-S1 under file 

number xxxxxx534. 

The Board finds that the issue in the instant claim, xxxxxx789, whether employment 

factors aggravated appellant’s degenerative disc disease of the lumbar spine, is moot because 

under file number xxxxxx534, OWCP has accepted degenerative disc disease from L2-S1 as 

employment related. Appellant has been receiving wage-loss compensation for total disability 

since he retired in April 1989. He also receives medical benefits for his accepted conditions, 

which also include lumbosacral strain and L2-3 disc herniation. 

IT IS HEREBY ORDERED THAT the decisions of the Office of Workers’ 

Compensation Programs dated March 13, 2013 and November 14, 2012 are set aside.1

Issued: September 26, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 1

 Richard J. Daschbach, Chief Judge, who participated in the preparation of the decision, was no longer a member 

of the Board after May 16, 2014.
Judy Click, JEC Healthcare Management, Inc., and Judken Click Holdings, LLC, Plaintiffs, v. John Leandro, Kathy Leandro, S&R Healthcare, Inc., and Raetuc Holdings, LLC, Defendants.

No. COA15-913

Court of Appeals of North Carolina.

Filed: November 15, 2016

AFFIRMED in part; REVERSED and REMANDED in part.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         700,000
<SECURITIES>                                         0
<RECEIVABLES>                               11,901,000
<ALLOWANCES>                                         0
<INVENTORY>                                 13,106,000
<CURRENT-ASSETS>                            35,191,000
<PP&E>                                       5,776,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              59,836,000
<CURRENT-LIABILITIES>                       26,144,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    29,900,000
<OTHER-SE>                                 (6,147,000)
<TOTAL-LIABILITY-AND-EQUITY>                59,836,000
<SALES>                                     40,685,000
<TOTAL-REVENUES>                            40,685,000
<CGS>                                       19,049,000
<TOTAL-COSTS>                               19,049,000
<OTHER-EXPENSES>                               741,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,176,000
<INCOME-PRETAX>                            (8,240,000)
<INCOME-TAX>                               (1,020,000)
<INCOME-CONTINUING>                        (6,946,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,946,000)
<EPS-PRIMARY>                                   (0.36)
<EPS-DILUTED>                                   (0.36)
        

</TABLE>
# C_2008064EN.01003204.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/32 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/32

---

Order of the President of the Court of 13 December 2007 — Commission of the European Communities v Hellenic Republic

(Case C-346/07) (1)

1

(2008/C 64/50)

Language of the case: Greek

Language of the case: Greek

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 211, 8.9.2007.

1

---
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Page 54742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18423]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7969-9]


Proposed CERCLA Administrative Agreement for Recovery of Past 
Response Costs; Lauli'i Cylinders Superfund Removal Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended by 
the Superfund Amendments and Reauthorization Action (``CERCLA''), 42 
U.S.C. 9622(i), notice is hereby given of a proposed Administrative 
Order on Consent (``AOC,'' Region 9 Docket No. 9-2005-0021) pursuant to 
section 122(h) of CERCLA concerning the Lauli'i Cylinders Removal Site 
(the ``Site''), located in Lauli'i, American Samoa. The respondent to 
the AOC is FCF Fisheries Co. LTD (``FCF''), which arranged for the 
disposal of hazardous substances at the Site for which EPA incurred 
response costs.
    Through the proposed AOC, FCF will reimburse the United States 
$20,000 of its response costs, which total approximately $130,000. The 
AOC provides FCF with a covenant not to sue and contribution protection 
for the costs and the removal action at the Site.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
proposed AOC. The Agency's response to any comments will be available 
for public inspection at EPA'S Region IX offices, located at 75 
Hawthorne Street, San Francisco, California 94105.

DATES: Comments must be submitted on or before October 17, 2005.

ADDRESSES: The proposed Agreement may be obtained from Judith Winchell, 
Docket Clerk, telephone (415) 972-3124. Comments regarding the proposed 
Agreement should be addressed to Judith Winchell (SFD-7) at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California 94105, and should 
reference the Lauli'i Cylinders Superfund Removal Site, Lauli'i, 
American Samoa, and USEPA Docket No. 9-2005-0021.

FOR FURTHER INFORMATION CONTACT: J. Andrew Helmlinger, Office of 
Regional Counsel, telephone (415) 972-3904, USEPA Region IX, 75 
Hawthorne Street, San Francisco, California 94105.

    Dated: September 2, 2005.
Keith A. Takata,
Director, Superfund Division.
[FR Doc. 05-18423 Filed 9-15-05; 8:45 am]
BILLING CODE 6560-50-P
**Judgment of the Court of First Instance (Fourth Chamber) of 28 October 2009 – Juwel Aquarium v OHIM – Potschak (Panorama)**

**(Case T-339/07)**

Community trade mark – Invalidity proceedings – Community word mark Panorama – Absolute ground for refusal – Descriptive character – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation
(EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity –Absolute grounds of invalidity – Registration contrary to Article 7(1)(c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))
(see paras 29-37)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 214/2006-1) relating to invalidity proceedings between Christian Potschak and Juwel Aquarium GmbH & Co. KG. |

**Information relating to the case**

| | |
| --- | --- |
| Registered Community trade mark in respect of which a declaration of invalidity has been sought: | Word mark Panorama for goods in Classes 11, 16 and 20 – Community trade mark No 2771087 |
| Proprietor of the Community trade mark: | Juwel Aquarium GmbH & Co. KG |
| Applicant for the declaration of invalidity: | Christian Potschak |
| Decision of the Cancellation Division: | Application for declaration of invalidity dismissed |
| Decision of the Board of Appeal: | Annulment of the decision of the Cancellation Division and partial annulment of the Community trade mark |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders Juwel Aquarium GmbH & Co. KG to pay the costs. |
SMC CORPORATION                                                       EXHIBIT 11
STATEMENT OF CALCULATION OF AVERAGE
COMMON SHARES OUTSTANDING

<TABLE>
<CAPTION>
                                                                           Three Months         Six Months
                                                                              Ended               Ended
                                                                          June 30, 1998        June 30, 1998
                                                                          -------------        -------------

<S>                                                                          <C>                  <C>      
Basic Earnings Per Share:                                                    6,545,349            6,492,563

    Weighted average number of shares

Diluted Earnings Per Share:

    Weighted average number of shares                                        6,545,349            6,492,563

    Stock option plan shares to be issued at prices
    ranging from $7.375 to $9.00 per share                                     965,500              965,500

    Warrant issues at a price of $9.30 per share                               125,000              125,000

    Less:    Assumed purchase of shares by the Company at
             the average market price during the period using
             the proceeds received upon the assumed exercise
             of the outstanding options and warrants                        (1,086,140)          (1,054,521)
                                                                            ----------           ----------
                  Total Diluted Shares                                       6,549,709            6,528,542
                                                                            ==========           ==========
</TABLE>
<TABLE> <S> <C>


<ARTICLE>     BD
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FINANCIAL SERVICES ACQUISITION CORPORATION AT AND AS OF
MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
                                              
<S>                                                    <C>
<PERIOD-TYPE>                                          3-MOS
<FISCAL-YEAR-END>                                           DEC-31-1997
<PERIOD-START>                                              JAN-01-1997
<PERIOD-END>                                                MAR-31-1997
<CASH>                                                       14,134,542
<RECEIVABLES>                                                 8,576,387
<SECURITIES-RESALE>                                                   0
<SECURITIES-BORROWED>                                                 0
<INSTRUMENTS-OWNED>                                           1,024,389
<PP&E>                                                       12,748,580
<TOTAL-ASSETS>                                               83,725,514
<SHORT-TERM>                                                  4,312,458
<PAYABLES>                                                            0
<REPOS-SOLD>                                                          0
<SECURITIES-LOANED>                                                   0
<INSTRUMENTS-SOLD>                                            1,658,718
<LONG-TERM>                                                   6,155,627
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<COMMON>                                                          8,950
<OTHER-SE>                                                   33,451,165
<TOTAL-LIABILITY-AND-EQUITY>                                 83,725,514
<TRADING-REVENUE>                                                56,600
<INTEREST-DIVIDENDS>                                            428,671
<COMMISSIONS>                                                43,412,352
<INVESTMENT-BANKING-REVENUES>                                         0
<FEE-REVENUE>                                                         0
<INTEREST-EXPENSE>                                              215,506
<COMPENSATION>                                               26,543,217
<INCOME-PRETAX>                                               3,895,535
<INCOME-PRE-EXTRAORDINARY>                                    3,895,535
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                  1,033,947
<EPS-PRIMARY>                                                      0.12
<EPS-DILUTED>                                                      0.12
                                                      


</TABLE>
STATE of North Carolina v. Demetrius Terrill DOVE.

No. COA15-1379.

Court of Appeals of North Carolina.

July 5, 2016.

**Case Reported Without Published Opinion**

Remanded for Resentencing; Motion for Appropriate Relief Remanded; Restitution Order Affirmed in Part, Reversed in Part, and Remanded.
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 Health and Human Services

###### Food and Drug Administration

          - [FDA 225-04-8000]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) between FDA and the Food and Drug Administration Alumni Association, Inc. The purpose of this MOU is to establish a greater collaboration between FDA and the Food and Drug Administration Alumni Association, Inc., regarding FDAs 2006 Centennial Observance.

# DATES:

The agreement became effective July 28, 2004.

# FOR FURTHER INFORMATION CONTACT:

Mary Hitch, Senior Advisor, Office of External Relations (HF-10), 5600 Fishers Lane, Rockville, MD 20857, 301-827-4406.

# SUPPLEMENTARY INFORMATION:

                    In accordance with 21 CFR 20.108(c), which states that all written agreements and MOUs between FDA and others shall be published in the                     **Federal Register**                    , the agency is publishing notice of this MOU.                

Dated: September 8, 2005.

Jeffrey Shuren,

Assistant Commissioner for Policy.

      ( print page 55911)          ( print page 55912)          ( print page 55913)          ( print page 55914)    

BILLING CODE 4160-01-S

[FR Doc. 05-19016 Filed 9-22-05; 8:45 am]

BILLING CODE 4160-01-C