alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lionel LEISURE, d/b/a Lionel Playworld, Appellant, v. COLECO INDUSTRIES et al., Appellees. Michael LANHAM, Appellant, v. Lionel LEISURE, d/b/a Lionel Playworld, Appellee.

Nos. 79-841, 79-1175 and 79-1206.

District Court of Appeal of Florida, Third District.

Dec. 9, 1980.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for Lionel Leisure.

Adams & Ward and James W. Kaufman, Miami, for Coleco.

Pattillo, MacKay & McKeever and L. Edward McClellan, Jr., Ocala, for Lanham.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

The trial court properly refused appellant’s requested strict liability instruction. *See Skaggs v. Clairol, Inc.,*6 Cal.App.3d 1, 85 Cal.Rptr. 584 (Ct.App.1970). In so ruling, we reject appellant’s claim that appel-lee’s sale of the pool and slide as a unit constituted sale of a “product in a defective condition unreasonably dangerous to the user... . ”

The remarks made by counsel and the bench, if error, were harmless.

Affirmed.

SCHWARTZ, Judge

(specially concurring).

I would not reach the question of the applicability *vel non*of the strict liability doctrine, because the fact that the jury was *1230charged on both negligence and breach of warranty rendered the failure to give the plaintiffs requested strict liability instruction no more than harmless error. *Sansing*v. *Firestone Tire & Rubber Co.,*354 So.2d 895 (Fla.4th DCA 1978), *cert. denied,*360 So.2d 1250 (Fla.1978). I otherwise agree to affirmance.
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – August 2, 2022

# 									Public Schedule – August 2, 2022							

Public Schedule

Office of the Spokesperson

August 1, 2022

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Cambodia, the Philippines, South Africa, the Democratic Republic of the Congo, and Rwanda from August 2-12, 2022.  Please read the announcement  for more information.

**DEPUTY SECRETARY WENDY R. SHERMAN**

Deputy Secretary Sherman attends meetings and briefings at the Department of State.

**DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES BRIAN P. MCKEON**

Deputy Secretary McKeon attends meetings and briefings at the Department of State.

**UNDER SECRETARY FOR POLITICAL AFFAIRS VICTORIA J. NULAND**

**10:45 a.m.** Under Secretary Nuland meets with U.S. Trade and Development Agency Director Enoh T. Ebong at the Department of State.

**(CLOSED PRESS COVERAGE)**

**ASSISTANT SECRETARY FOR EDUCATIONAL AND CULTURAL AFFAIRS LEE SATTERFIELD**

**11:30 a.m.**Assistant Secretary Satterfield delivers remarks at the 2022 Education USA Forum in Washington, D.C.

**(OPEN PRESS COVERAGE)**

**BRIEFING SCHEDULE**

No Department Press Briefing.

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# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
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d i s cret i o n ary ap peal

. OCGA § 5 -6 -3 5 (a) (1 ), (b ); Bu l l o ck v. S an d
, 2 60 G a. Ap p

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, Pro p ert y April 04, 2022Serv i ces ’ m ot i o n t o d i sm i s s t h e ap p e a l is GRANTED, an d t h e ap p eal i s h ereb y

DISM ISSED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
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.

, C l e r k

. 04/04/2022
Extension and Amendment of the Novation Agreement



 Exhibit 10.31 
  

			
	December 4, 2008	  	


		  
		  
		  
	Mr. Jon Berglund	  
	Director of Corporate Accounts	  
	Masimo Corporation	  
	40 Parker	  
	Irvine, CA 92618	  

  

	Re:	Extension and Amendment of Agreement MS50662, Masimo Pulse Oximetry 

 Dear
Jon: 
 Masimo Corporation and Novation, LLC agree to extend the above-referenced Agreement through February 28, 2011. All other terms and conditions of
the current Agreement will remain in full force and effect, except as identified below. 
 Section 2f. shall be amended to read as follows: 

2f. Minority, Women or Veteran Owned Business Enterprises. Novation may be required by law, regulation, and/or internal policy to do business with
certain minority, women or veteran owned businesses (“MWVBEs”). Supplier shall assist Novation in meeting these requirements by complying with all Novation policies and programs with respect to such businesses. Novation, in its discretion,
may make and award and/or negotiate another agreement with a MWVBE in addition to any sole- or multi-source award. Pricing will not be adversely affected if Novation adds a MWVBE supplier to the product category. 
 Please indicate your acceptance of this extension to the Agreement as amended by signing in the space provided below and returning one signed original to my attention at
your earliest convenience. A copy is provided for your records. 
  

	
	Sincerely,
	
	/s/ Jarrod DeLuca
	Jarrod DeLuca

 Vice President, Medical Contract & Program Services/Distribution 
 AGREED TO AND ACCEPTED this 16 day of December, 2008. 
  

			
	Masimo Corporation
		
	By:	 	/s/ Jim Beyer
	Printed Name:	 	Jim Beyer
	Title:	 	VP Sales, Strategic Accounts
#### § 385.3 Late payments.

A Licensee shall pay a late fee of 1.5% per month, or the highest lawful rate, whichever is lower, for any payment owed to a Copyright Owner and remaining unpaid after the due date established in 17 U.S.C. 115(c)(2)(I) or 17 U.S.C. 115(d)(4)(A)(i), as applicable and detailed in part 210 of this title. Late fees shall accrue from the due date until the Copyright Owner receives payment, except that where payment is due to the mechanical licensing collective under 17 U.S.C. 115(d)(4)(A)(i), late fees shall accrue from the due date until the mechanical licensing collective receives payment.

[89 FR 19274, Mar. 18, 2024]
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 41.66 Time for filing briefs.

(a) An appellant's brief must be filed no later than two months from the latest filing date of the last-filed notice of appeal or cross appeal or, if any party to the proceeding is entitled to file an appeal or cross appeal but fails to timely do so, no later than two months from the expiration of the time for filing (by the last party entitled to do so) such notice of appeal or cross appeal. The time for filing an appellant's brief or an amended appellant's brief may not be extended.

(b) Once an appellant's brief has been properly filed, any brief must be filed by respondent within one month from the date of service of the appellant's brief. The time for filing a respondent's brief or an amended respondent's brief may not be extended.

(c) The examiner will consider both the appellant's and respondent's briefs and may prepare an examiner's answer under § 41.69.

(d) Any appellant may file a rebuttal brief under § 41.71 within one month of the date of the examiner's answer. The time for filing a rebuttal brief or an amended rebuttal brief may not be extended.

(e) No further submission will be considered and any such submission will be treated in accordance with § 1.939 of this title.
<PAGE>
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002), I, the undersigned Chief Executive Officer of
Peoples Educational Holdings, Inc. (the "Company"), hereby certify that the
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
September 30, 2005 (the "Report") fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.

Date: November 14, 2005


/s/ Brian T. Beckwith
-------------------------------------
Brian T. Beckwith,
Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>                           5
<LEGEND>

This schedule  contains  summary  financial  information  extracted from Shelter
Properties  VI 1999  Transitional  Report  on  10-QSB  and is  qualified  in its
entirety by reference to such 10-QSB filing.

</LEGEND>

<CIK>                               0000730013
<NAME>                              Shelter Properties VI
<MULTIPLIER>                               1,000


<S>                                   <C>
<PERIOD-TYPE>                       2-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      NOV-1-1999
<PERIOD-END>                        DEC-31-1999
<CASH>                                     2,901
<SECURITIES>                                   0
<RECEIVABLES>                                662
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0 <F1>
<PP&E>                                    55,486
<DEPRECIATION>                            29,198
<TOTAL-ASSETS>                            30,985
<CURRENT-LIABILITIES>                          0 <F1>
<BONDS>                                   25,302
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                 3,871
<TOTAL-LIABILITY-AND-EQUITY>              30,985
<SALES>                                        0
<TOTAL-REVENUES>                           1,839
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                           1,124
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                           375
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                 340
<EPS-BASIC>                                 7.96 <F2>
<EPS-DILUTED>                                  0
<FN>

<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.

</FN>


</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2044 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 2044

   To amend title 10, United States Code, to extend eligibility for 
    disability retired pay and separation pay to former cadets and 
     midshipmen with prior enlisted service who incurred physical 
                  disabilities after January 1, 2000.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2007

  Mr. Stupak introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
   To amend title 10, United States Code, to extend eligibility for 
    disability retired pay and separation pay to former cadets and 
     midshipmen with prior enlisted service who incurred physical 
                  disabilities after January 1, 2000.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cadet and Midshipman Disability 
Fairness Act''.

SEC. 2. ELIGIBILITY FOR DISABILITY RETIRED PAY AND SEPARATION PAY OF 
              CERTAIN FORMER CADETS AND MIDSHIPMEN WITH PRIOR ENLISTED 
              SERVICE.

    Section 1217(a) of title 10, United States Code, is amended by 
striking ``incurred after October 28, 2004.'' and inserting 
``incurred--
            ``(1) after October 28, 2004; or
            ``(2) after January 1, 2000, in the case of a cadet or 
        midshipman who was discharged from an enlisted grade in order 
        to accept an appointment as a cadet or midshipman.''.
                                 <all>
```
Exhibit 32

Certification

	The certification set forth below is being submitted in connection with the Quarterly Reporton Form 10-Q for the quarterly period ended June 30, 2006 (the "Report") for the purposeof complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Act of 1934 (the "ExchangeAct") and section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuantto section 906 of the Sarbanes-Oxley Act of 2002.

	Ann D. Murtlow, President and Chief Executive Officer and Frank P. Marino, Vice President andChief Financial Officer of IPALCO Enterprises, Inc. (IPALCO), each certifies that, to the best ofhis or her knowledge:

- the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act;and 
- the information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of IPALCO.

 

/s/ Ann D. Murtlow     /s/ Frank P. Marino        Ann D. Murtlow   Frank P. Marino   President and Chief Executive Officer   Vice President and Chief Financial Officer   August 4, 2006   August 4, 2006
	A signed original of this written statement required by Section 906 hasbeen provided to IPALCO and will be retained by IPALCO and furnished to theSecurities and Exchange Commission or its staff upon request.
#### § 85.1 Applicability.

This part 85 applies to health hazard evaluations requested by any employer or authorized representative of employees under section 20(a)(6) of the Occupational Safety and Health Act of 1970 or section 501(a)(11) of the Federal Mine Safety and Health Act of 1977. This part is not intended to preclude the use of other channels of communication with the National Institute for Occupational Safety and Health to obtain information and technical assistance concerning toxic substances or physical agents.

[45 FR 2652, Jan. 14, 1980]
**EXHIBIT 32.1**

****CERTIFICATION PURSUANT TO

18. U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the QuarterlyReport of Parkway Properties, Inc. (the "Company") on Form 10-Q forthe period ended March 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), I, Steven G. Rogers,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, asadopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to myknowledge:

(1)       The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

(2)       The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

|  | /s/ Steven G. Rogers                            |
|--|-------------------------------------------------|
|  | Steven G. Rogers (*)                            |
|  | President, Chief Executive Officer and Director |
|  | May 10, 2006                                    |

*A signed original of thiswritten statement required by Section 906 has been provided to ParkwayProperties, Inc. and will be retained by the Company and furnished to theSecurities and Exchange Commission or its staff upon request.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LOREN CHRISTOPHER

TARABOCHIA,

 Plaintiff - Appellant,

 v.

CITY OF ASTORIA, OREGON; TWO

UNNAMED ASTORIA POLICE

OFFICERS,

 Defendants - Appellees.

No. 11-35723

D.C. No. 3:10-cv-01542-MO

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Michael W. Mosman, District Judge, Presiding

Submitted January 15, 2013** 

Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges

Loren Christopher Tarabochia appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated

FILED

JAN 17 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

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

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

without oral argument. See Fed. R. App. P. 34(a)(2).
his Fourth Amendment rights by detaining him without reasonable suspicion to

believe that he was engaged in criminal activity. We have jurisdiction under 28

U.S.C. § 1291. We review de novo, Dietrich v. John Ascuaga’s Nugget, 548 F.3d

892, 896 (9th Cir. 2008), and we affirm.

The district court properly granted summary judgment because Tarabochia

failed to raise a genuine dispute of material fact as to whether defendants had

reasonable suspicion to believe that he was in violation of the conditions of his

probation. See Ramirez v. City of Buena Park, 560 F.3d 1012, 1020 (9th Cir.

2009) (reasonable suspicion requires “considerably less than proof of wrongdoing

by a preponderance of the evidence,” and an officer need only “be able to articulate

facts creating grounds to suspect that criminal activity may be afoot” (citation and

internal quotation marks omitted)); see also State v. Hiner, 246 P.3d 35, 37-38 (Or.

Ct. App. 2010) (“The authority to arrest a probationer for violation of a probation

condition implies the authority to stop persons reasonably suspected of violating

that probation condition.”).

The district court did not abuse its discretion in denying Tarabochia’s

motion for a continuance of summary judgment to conduct further discovery

because Tarabochia did not show that additional discovery would have precluded

summary judgment. See Tatum v. City & County of San Francisco, 441 F.3d 1090,

2 11-35723
1100 (9th Cir. 2006) (setting forth standard of review and continuance

requirements).

We reject Tarabochia’s contentions regarding defendants’ alleged attempts

to assassinate his character. See City of Long Beach v. Standard Oil Co., 46 F.3d

929, 936 (1995) (recognizing that reversal for evidentiary errors “will not be

granted unless prejudice is shown”).

AFFIRMED.

3 11-35723
#### § 8.34 Court review of final administrative action; exhaustion of administrative remedies.

Before any legal action is filed in court challenging the suspension, proposed revocation, or adverse action, respondent shall exhaust administrative remedies provided under this subpart, unless otherwise provided by Federal law. The reviewing official's decision, under § 8.28(e) or § 8.33(a), constitutes final agency action as of the date of the decision.
#### § 352.3 Final determinations.

Unless a motion for a rehearing is timely filed within 15 days, the determination by the Copyright Royalty Judges pursuant to 17 U.S.C. 803(c) in a proceeding is final when it is issued.

[71 FR 53330, Sept. 11, 2006]
Community Development Foundation 

398 East Main Street, CDF Center 

P.O. Box A 

Tupelo,MS 38802-1210 

April 23. 2012 

Mr. Dennis DeVany 

Chief. EAS & Domestic Analysis Division 

Office of Aviation. 

Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

RE: Tupelo Regional Airport (TUP) 

Docket DOT-OST-2009-0305 

Mr. DeVany: 

· )~PA.RTMENT OF .·1ANSPORTATION -<::::i\ET OPERATIONS 

ZUtZH1\Y-2 A!Q:ijl 

This letter is in s~pport of Silver Airways service option 1 into Atlanta Airport. The 

Community Development Foundation has been involved in Tupelo for over 60 years. 

Since the merger of NorthWest cmd Delta .• we have witnessed the deterioration of air 

service and we are concerned for the well-being of our organization and clients without 

a suitable replacement for Delta. It is imperative that our area have a reliable airline at 

reasonable prices if we are to continue to use our local airport, and attract new 

businesses in our community. 

On behalf of our 1228 member companies. we urge you to support option 1 provided 

by Silver Airways for replacement of our current service at the Tupelo Airport. 

Sincerely, 

CO MUNITY DEVELOPMENT FOUNDATION 1 . 

avid P. Rumbarg r 

President/CEO 

662.842.4521 Phone 

800.5 23.3463 Toll-free 

662.841.0693 Fax 

infci@cdfms.org 

www.cdfms.org
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

GLENNA L. NOVAK AND ESTATE OF JEFFERY LEONARD NOVAK, A/K/A

ESTATE OF JEFFERY L. NOVAK BY AND THROUGH GLENNA L. NOVAK, EXECUTRIX,

Petitioners

v.

MUTUAL BENEFIT INSURANCE COMPANY,

Respondent :

:

:

:

:

:

:

:

:

:

:

:

:

:

:

: No. 541 MAL 2022

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 16th day of May, 2023

, the Petition for Allowance of Appeal is

DENIED

.