alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THARP v STATE OF FLORIDA

Case No. 89-333AC

Eleventh Judicial Circuit, Dade County

April 17, 1991

APPEARANCES OF COUNSEL

Sheridan K. Weissenborn, Esquire, for appellant.

Robert A. Butterworth, Attorney General, and Angelica D. Zayas, Assistant Attorney General, for appellee.

Before SHAPIRO, ROTHENBERG, KORNBLUM, JJ.

OPINION OF THE COURT

ROTHENBERG, J.

We have considered the arguments of the parties upon the facts presented.

In *Armstrong v State,*364 So.2d 1238 (Fla. 1st DCA 1978), the District Court held that it is error to give the “Allen charge”, first announced in *Allen v United States,*164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), to resolve jury deadlock, in the absence of a deadlocked jury. Here the facts reveal no indication of deadlock arising *70from any quarter. The deadlock charge should not have been given and it is upon this point that we reverse.

We have considered the other points on appeal raised by appellant and find that they are without merit and pose no bar to further prosecution of the matter in the court below.

We reverse and remand for a new trial.

SHAPIRO and KORNBLUM, JJ., concur.
§ 440.5 General. ( a ) No person may commence or conduct any launch or reentry activity that requires a license or permit unless that person has demonstrated compliance with the requirements of this part.
( b ) The FAA will prescribe the amount of financial responsibility a licensee or permittee must obtain and any adjustments of the amount in a license or permit order issued concurrent with or subsequent to the issuance of a license or a permit.
( c ) Demonstration of financial responsibility under this part shall not relieve a licensee of ultimate responsibility for liability, loss, or damage sustained by the United States resulting from a licensed activity, except to the extent that: ( 1 ) Liability, loss, or damage sustained by the United States results from willful misconduct of the United States or its agents;
( 2 ) Any covered claim of a third party for bodily injury or property damage arising out of any particular licensed activity exceeds the amount of financial responsibility required under § 440.9(c) of this part and does not exceed $1,500,000,000 (as adjusted for inflation occurring after January 1, 1989) above such amount, and are payable pursuant to 51 U.S.C. 50915 and § 440.19 of this part. A claim of an employee of any entity listed in paragraphs (1)(ii) through (1)(iii) in the Third party definition in § 440.3 of this part for bodily injury or property damage is not a covered claim;
( 3 ) A covered claim for property loss or damage exceeds the amount of financial responsibility required under § 440.9(e) of this part and does not result from willful misconduct of the licensee; or
( 4 ) The licensee has no liability for covered claims by third parties for bodily injury or property damage arising out of any particular launch or reentry that exceeds $1,500,000,000 (as adjusted for inflation) above the amount of financial responsibility required under § 440.9(c).
( d ) Demonstration of financial responsibility under this part does not relieve a permittee of ultimate responsibility for liability, loss, or damage sustained by the United States resulting from a permitted activity, except to the extent that: ( 1 ) Liability, loss, or damage sustained by the United States results from willful misconduct of the United States or its agents; or
( 2 ) A covered claim for property loss or damage to the United States exceeds the amount of financial responsibility required under § 440.9(e) and does not result from willful misconduct of the permittee.
( e ) A licensee's or permittee's failure to comply with any requirement of this part may result in suspension or revocation of a license or permit, and subject the licensee or permittee to civil penalties as provided in part 405 of this chapter.
[Doc. No. FAA-2005-23449, 71 FR 75632, Dec. 15, 2006, as amended by Amdt. 440-3, 77 FR 20533, Apr. 5, 2012]
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>      THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
              INFORMATION EXTRACTED FROM THE REGISTRANT'S
              FINANCIAL STATEMENTS FOR ITS THIRD QUARTER
              YEAR-TO-DATE OF FISCAL YEAR 1997 AND IS QUALIFIED
              IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
              STATEMENTS
       
<CAPTION>
<S>                           <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>             Dec-31-1997
<PERIOD-END>                  Sep-30-1997
<CASH>                             11,510
<SECURITIES>                            0
<RECEIVABLES>                      12,056
<ALLOWANCES>                            0
<INVENTORY>                         3,102
<CURRENT-ASSETS>                   27,806
<PP&E>                            128,335
<DEPRECIATION>                          0
<TOTAL-ASSETS>                    172,511
<CURRENT-LIABILITIES>              21,143
<BONDS>                                 0
<COMMON>                               64
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<OTHER-SE>                        (23,338)
<TOTAL-LIABILITY-AND-EQUITY>      172,511
<SALES>                            48,401
<TOTAL-REVENUES>                   48,401
<CGS>                              23,922
<TOTAL-COSTS>                      23,922
<OTHER-EXPENSES>                    5,380
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                 11,001
<INCOME-PRETAX>                     8,098
<INCOME-TAX>                          747
<INCOME-CONTINUING>                     0
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                        7,351
<EPS-PRIMARY>                        1.10
<EPS-DILUTED>                        1.10
        

</TABLE>
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

Set: 10:00 AM (AST) 

             Started: 10:20 AM (AST)   

                                                                                                                            Ended: 10:36 AM (AST) 

MINUTES OF PROCEEDINGS

  BEFORE U.S. DISTRICT JUDGE LAURA TAYLOR SWAIN  DATE: October 5, 2018 

COURTROOM DEPUTY: Marian Ramirez / Lisa Ng   

COURT REPORTER: Sonia Kitter  

In re: 

The Financial Oversight and  Management 

Board for Puerto Rico, 

as representative of

3:17‐BK‐3283 (LTS) 

PROMESA Title III 

(Jointly Administered)

The Commonwealth of Puerto Rico, et al.,

Debtors. 

The Government Development Bank for Puerto 

Rico 

3:18‐CV‐1561 (LTS) 

Applicant.  PROMESA Title VI 

The Official Committee of Unsecured Creditors 

of the Debtors (other than COFINA),  Adv. Proc. No. 3:18‐00101 (LTS) 

Plaintiff, 

v. 

The Commonwealth of Puerto Rico, the Puerto 

Rico Fiscal Agency and Financial Advisory 

Authority, the Government Development Bank 

for Puerto Rico, and the Financial Oversight and 

Management Board for Puerto Rico, 

Defendants. 

Case:17-03283-LTS Doc#:4039 Filed:10/05/18 Entered:10/10/18 13:44:35 Desc: Main

Document Page 1 of 2
October 5, 2018 – Motion Hearing 

3:17‐BK‐3283 (LTS) / 3:18‐CV‐1561 (LTS) / 3:18‐AP‐101 (LTS) 

Case called for Motion Hearing.

Counsel for the Government Development Bank for Puerto Rico  (“GDB”) and the Puerto 

Rico  Fiscal  Agency  and  Financial  Advisory  Authority  (“AAFAF”)  indicated  that  the  parties  had 

reached an agreement to resolve the objection of the Official Committee of Unsecured Creditors 

(other than COFINA) to the GDB restructuring.  The terms of the proposed stipulation were briefly 

discussed  in  open  court.    Counsel  for  GDB  and  AAFAF  requested  that  the  Court  so Order  the 

proposed stipulation.  The matter was taken under submission.  Order to follow.    

s/Marian Ramirez

Marian Ramirez

Deputy Clerk 

Page 2 of 2

Case:17-03283-LTS Doc#:4039 Filed:10/05/18 Entered:10/10/18 13:44:35 Desc: Main

Document Page 2 of 2
ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - )

)

Constellation NewEnergy, Inc. ) ASBCA No. 63619

)

Under Contract No. DE-AM36-09GO29033

T.O. N39430-16-F-1838

)

)

APPEARANCE FOR THE APPELLANT: Ron R. Hutchinson, Esq.

 Doyle & Bachman LLP

 Arlington, VA

APPEARANCE FOR THE GOVERNMENT: Craig D. Jensen, Esq.

 Navy Chief Trial Attorney

ORDER OF DISMISSAL

The dispute has been settled. The appeal is dismissed with prejudice.

Dated: June 14, 2023

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 63619, Appeal of Constellation 

NewEnergy, Inc., rendered in conformance with the Board’s Charter.

Dated: June 14, 2023

RICHARD SHACKLEFORD

Administrative Judge

Acting Chairman

Armed Services Board

of Contract Appeals

PAULLA K. GATES-LEWIS

Recorder, Armed Services

Board of Contract Appeals
[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Pages 30572-30573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11962]


=======================================================================
-----------------------------------------------------------------------

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Notice of Change in Application Deadline for Digital Divide 
Notice of Funding Availability

AGENCY: Corporation for National and Community Service.

[[Page 30573]]


ACTION: Notice of change in application deadline.

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

SUMMARY: The Corporation for National and Community Service has 
extended the deadline for applications under our notice of availability 
of funds published in the Federal Register on April 28, 2000 (65 FR 
24920). The funds will support grants under the AmeriCorps*State 
Competitive, AmeriCorps*National, and Learn and Serve America K-12 
School-based programs, to eligible organizations to help overcome the 
digital divide. The new deadline for applications is July 25, 2000. In 
addition, if you intend to submit an application, please send us a 
notice of intent by June 26, 2000. A notice of intent to submit is not 
required, but is helpful to us for planning purposes.

FOR FURTHER INFORMATION CONTACT: For further information, or to obtain 
an application, contact Maria Diaz at (202) 606-5000, ext. 372.

    Dated: May 8, 2000.
Gary Kowalczyk,
Coordinator, National Service Programs, Corporation for National and 
Community Service.
[FR Doc. 00-11962 Filed 5-11-00; 8:45 am]
BILLING CODE 6050-28-P
#### Donald Trent, an Infant, by Eugene Trent, His Guardian ad Litem, Respondent, *v.*International Railway Company, Appellant. Eugenia E. Trent, an Infant, by Eugene Trent, Her Guardian ad Litem, Respondent, *v.*International Railway Company, Appellant. Eugene Trent, Respondent, *v.*International Railway Company, Appellant. Mary Trent Respondent, *v.*International Railway Company, Appellant.

Argued March 5, 1937;

decided March 23, 1937.

*623
      *Ralph K. Robertson, Albert M. Kraus*and *John J. Sullivan, Jr.,*for appellant.

*Clayton M. Smith*for respondents.

In each case, judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
EXHIBIT 10.10

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, being the Chief Financial
Officer of  Marnetics Broadband
Technologies Ltd. Ltd., an Israeli corporation (the Company), do hereby
certify, to the best of  my knowledge,
information and belief, that:

| | (1) | The Annual Report on Form
  20-F for the year ended December 31, 2002 (the Form 20-F) of the Company
  fully complies with the requirements of section 13(a) or 15(d) of the
  Securities Exchange Act of 1934.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (2) | The information contained
  in the Annual Report on Form 20-F fairly presents, in all material respects,
  the financial condition and results of operations of the Company.                                     

|Dated: June 29 , 2003 |                        
|--------------------- | -----------------------
|                      |                        
|                      | By: /s/ Ilan Hadar     
|                      |                        
|                      | Ilan Hadar             
|                      | Chief Financial Officer

---

---
#### In the Matter of Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Consolidated Indemnity and Insurance Company, Appellant, against Charles E. Ransom, as County Clerk of Nassau County, Respondent.

Argued March 4, 1937;

decided March 23, 1937.

*618
      *Jess H. Rosenberg, James R. Kelly*and *Lester Weil*for appellant.

*James L. Dowsey, County Attorney (John Mowat Mitchell*of counsel), for respondent.

Order affirmed, with costs, upon the authority of *Van Schaick*v. *Jacoby*(266 N. Y. 517), and *Matter of Egbert*v. *Harman*(272 N. Y. 242). The instruments referred to in section 416 of the Insurance Law, for the filing of which no fee is to be charged, are the orders and papers in the direct proceedings mentioned and authorized in article 11. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
§ 158.85 Termination of authority to impose PFC's. ( a ) The FAA begins proceedings to terminate the public agency's authority to impose a PFC only if the Administrator determines that informal resolution is not successful.
( b ) The Administrator publishes a notice of proposed termination in the Federal Register and supplies a copy to the public agency. This notice will state the scope of the proposed termination, the basis for the proposed action and the date for filing written comments or objections by all interested parties. This notice will also identify any corrective actions the public agency can take to avoid further proceedings. The due date for comments and corrective action shall be no less than 60 days after publication of the notice.
( c ) If corrective action has not been taken as prescribed by the Administrator, the FAA holds a public hearing, and notice is given to the public agency and published in the Federal Register at least 30 days prior to the hearing. The hearing will be in a form determined by the Administrator to be appropriate to the circumstances and to the matters in dispute.
( d ) The Administrator publishes the final decision in the Federal Register. Where appropriate, the Administrator may prescribe corrective action, including any corrective action the public agency may yet take. A copy of the notice is also provided to the public agency.
( e ) Within 10 days of the date of publication of the notice of the Administrator's decision, the public agency shall— ( 1 ) Advise the FAA in writing that it will complete any corrective action prescribed in the decision within 30 days; or
( 2 ) Provide the FAA with a listing of the air carriers and foreign air carriers operating at the airport and all other issuing carriers that have remitted PFC revenue to the public agency in the preceding 12 months.
( f ) When the Administrator's decision does not provide for corrective action or the public agency fails to complete such action, the FAA provides a copy of the Federal Register notice to each air carrier and foreign air carrier identified in paragraph (e) of this section. Such carriers are responsible for terminating or modifying PFC collection no later than 30 days after the date of notification by the FAA.
###### Editorial Note on Part 211

#### Editorial Note:

Nomenclature changes to part 211 appear at 61 FR 34725, July 3, 1996.

###### Editorial Note on Subpart D of Part 211

#### Editorial Note:

Nomenclature changes to subpart D of part 211 appear at 61 FR 34725, July 3, 1996.

#### § 211.30 Eligibility.

Foreign carriers owned and controlled by citizens of the Federated States of Micronesia, the Marshall Islands, Palau and/or the United States may, in accordance with the provisions of paragraph 5(b) of Article IX of the Federal Programs and Services Agreement, implementing section 221(a)(5) of the Compact of Free Association between the United States and those governments, apply for authority as “Freely Associated State Air Carriers.” The permit application for such authority shall be labeled on the front page, “Application for Freely Associated State Foreign Air Carrier Permit.”
**Exhibit
      32.1**














**CERTIFICATION
      OF CHIEF EXECUTIVE**


**OFFICER
      REGARDING PERIODIC REPORT CONTAINING**


**FINANCIAL
      STATEMENTS**









I,
      Neil
      Smit, the President and Chief Executive Officer of Renaissance Media Group
      LLC,
      Renaissance Media (Louisiana) LLC, Renaissance Media (Tennessee) LLC and
      Renaissance Media Capital Corporation (the "Company") in compliance with 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, hereby certify that, the Company's Annual Report on Form 10-K
      for the year ended December 31, 2005 (the "Report") filed with the Securities
      and Exchange Commission:




·
            fully
                complies with the requirements of Section 13(a) of the Securities
                Exchange
                Act of 1934; and




·
            the
                information contained in the Report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.









/s/
      Neil Smit


Neil
      Smit


President
      and Chief Executive Officer


March
      30,
      2006
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

     In  connection  with  the Quarterly Report of Allstates  WorldCargo,
Inc.  (the  "Company") on Form 10-Q for the period ending December 31, 2007
as  filed  with  the  Securities and  Exchange  Commission  (the
"Report"), I, Sam DiGiralomo, Chief Executive Officer of the  Company,
certify,  pursuant  to  18 U.S.C. ss. 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)
         of the Securities Exchange Act of 1934; and

    (2)  The information contained in the Report  fairly presents, in all
         material respects, the consolidated financial condition of the
         company as of the dates presented and the consolidated result of
         operations of the Company for the periods presented.


February 14, 2008

/s/ Sam DiGiralomo
President and Chief Executive Officer


This  certification has been furnished solely pursuant to Section  906
of the Sarbanes-Oxley Act of 2002.
Exhibit 32 

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of Atlantica, Inc. (the "Company") on Form 10-KSB for the period ending December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Duane S. Jenson and Shelley Goff, 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 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.

 

| *Date:*** | *February 6, 2007*** | * * | *By:***  | */s/Duane S. Jenson***                      |
|-----------|----------------------|----------|----------|---------------------------------------------|
| * *  | * *             | * * | * * | *Duane S. Jenson, President and Director*** |
| * *  | * *             | * * | * * | * *                                    |
| *Date:*** | *February 6, 2007*** | * * | *By:***  | */s/Shelley Goff***                         |
| * *  | * *             | * * | * * | *Shelley Goff, Secretary and Director***    |
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRUCE WESTIN, 

Plaintiff-Appellant, 

 v. 

BANK OF AMERICA; UNITED STATES 

DEPARTMENT OF JUSTICE, 

Defendants-Appellees.

No. 22-55719 

D.C. No. 2:22-cv-03655-VBF-DFM 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Valerie Baker Fairbank, District Judge, Presiding

Submitted August 15, 2023**

Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.

The motion to proceed in forma pauperis on appeal (Docket Entry No. 4) is 

granted.

Bruce Westin appeals pro se from the district court’s order denying his 

request to proceed in forma pauperis (“IFP”) and dismissing his action alleging 

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

except as provided by Ninth Circuit Rule 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

AUG 22 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-55719 

various federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. 

We review for an abuse of discretion the denial of leave to proceed IFP. Tripati v. 

First Nat’l Bank & Tr., 821 F.2d 1368, 1369 (9th Cir. 1987). We affirm.

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

request because Westin failed to allege facts sufficient to state a plausible claim 

against either defendant. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(explaining that, to avoid dismissal, “a complaint must contain sufficient factual 

matter, accepted as true, to state a claim to relief that is plausible on its face” 

(citation and internal quotation marks omitted)); Tripati, 821 F.2d at 1370 (“A 

district court may deny leave to proceed in forma pauperis at the outset if it appears 

from the face of the proposed complaint that the action is frivolous or without 

merit.”).

AFFIRMED.
§ 25.1333 Instrument systems. For systems that operate the instruments required by § 25.1303(b) which are located at each pilot's station— ( a ) Means must be provided to connect the required instruments at the first pilot's station to operating systems which are independent of the operating systems at other flight crew stations, or other equipment;
( b ) The equipment, systems, and installations must be designed so that one display of the information essential to the safety of flight which is provided by the instruments, including attitude, direction, airspeed, and altitude will remain available to the pilots, without additional crewmember action, after any single failure or combination of failures that is not shown to be extremely improbable; and
( c ) Additional instruments, systems, or equipment may not be connected to the operating systems for the required instruments, unless provisions are made to ensure the continued normal functioning of the required instruments in the event of any malfunction of the additional instruments, systems, or equipment which is not shown to be extremely improbable.
[Amdt. 25-23, 35 FR 5679, Apr. 8, 1970, as amended by Amdt. 25-41, 42 FR 36970, July 18, 1977]