alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 150
Editorial Note: Nomenclature changes to part 150 appear by USCG-2010-0351, 75 FR 36284, June 25, 2010.

§ 150.511 What are the operational testing requirements for lifeboat and rescue boat release gear? ( a ) Lifeboat and rescue boat release gear must be operationally tested under a load of 1.1 times the total mass of the lifeboat or rescue boat when loaded with its full complement of persons and equipment.
( b ) The test must be conducted whenever the lifeboat, rescue boat, or its release gear is overhauled, or at least once every 5 years.
( c ) The Sector Commander, or MSU Commander, with COTP and OCMI authority may consider alternate operational test procedures to those under paragraph (a) of this section.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013]
#### DANIEL AVERY, Administrator, etc., Appellant, *v.*MALACHI FOLEY, Respondent.

Referee.

Ho exception lies to the refusal of a referee to find the particulars which go to make up his general conclusions of fact.

It is erroneous for a referee to find the evidence of facts instead of the facts themselves. *(Beck*v. *Sheldon,*48 N. Y., 369.)

*416Appeal from a judgment in favor of the defendant, entered upon the report of a referee. ^ •

*H. A. Maynard,*for the appellant.

*James*Lyon, for the respondent.

Opinion by

Gilbert, J.

Judgment reversed and new trial granted before another referee, costs to abide event.
#### § 175.140 Prohibited use.

No person in a boat shall display a visual distress signal on waters to which this subpart applies under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.
#### § 183.51 Applicability.

This subpart applies to monohull boats less than 20 feet in length, except sailboats, canoes, kayaks, and inflatable boats, that are designed or intended to use one or more outboard motors for propulsion.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-cv-22751-RKA

VICTOR ARIZA, 

Plaintiff,

vs.

IMPACT COMPUTERS AND 

ELECTRONICS, INC.,

a Florida for-profit corporation,

Defendant.

________________________________/

PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE 

Plaintiff VICTOR ARIZA, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil 

Procedure, hereby voluntarily dismisses all his claims in this action with prejudice, with each party 

to bear his/its own attorney’s fees and costs. 

Dated: October 19, 2022. 

Respectfully submitted,

RODERICK V. HANNAH, ESQ., P.A. LAW OFFICE OF PELAYO

Counsel for Plaintiff DURAN, P.A.

4800 N. Hiatus Road Co-Counsel for Plaintiff

Sunrise, FL 33351 4640 N.W. 7th Street

T. 954/362-3800 Miami, FL 33126-2309

954/362-3779 (Facsimile) T. 305/266-9780 

Email: rhannah@rhannahlaw.com 305/269-8311 (Facsimile)

Email: pduran@pelayoduran.com 

By____s/ Roderick V. Hannah __ By ___s/ Pelayo M. Duran ______

RODERICK V. HANNAH PELAYO M. DURAN

Fla. Bar No. 435384 Fla. Bar No. 0146595

Case 1:22-cv-22751-RKA Document 8 Entered on FLSD Docket 10/19/2022 Page 1 of 2
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 19th day of October, 2022, a true and correct of the 

foregoing was electronically filed and served via transmission of Notice of Electronic Filing 

generated by CM/ECF on all counsel or parties of record on the Service List below:

David L. Templer, Esq.

TEMPLER & HIRSCH, P.A.

2750 NE 185 Street, Suite 306

Aventura, FL 33180

(305) 937-2700

dt@templerhirsch.com

Attorneys for Defendant

IMPACT COMPUTERS AND ELECTRONICS, INC.

/s/ Roderick V. Hannah

 Roderick V. Hannah

Case 1:22-cv-22751-RKA Document 8 Entered on FLSD Docket 10/19/2022 Page 2 of 2
#50756700 v1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-cv-22727-RKA 

JAHEL GONZALEZ, 

Plaintiff, 

v. 

1350 S. DIXIE LLC, et al., 

Defendants. 

/ 

1350 S. DIXIE LLC, 

Third-Party Plaintiffs, 

v. 

LINK HOSPITALITY, CORP., 

Third-Party Defendant. 

/ 

LINK HOSPITALITY CORP., 

Counter Plaintiff, 

v. 

1350 S. DIXIE LLC, et al., 

Counter Defendants 

/ 

MEDIATOR’S REPORT

Mediation was held on June 21, 2023, with all parties and their counsel present via video 

conference. A settlement was reached. 

Case 1:22-cv-22727-LMR Document 62 Entered on FLSD Docket 06/22/2023 Page 1 of 2
#50756700 v1 

2 

CERTIFICATE OF SERVICE 

I hereby certify that on June 22, 2023, I electronically filed the foregoing document with 

the Clerk of the Court using CM/ECF. I also certify that a true and correct copy of the foregoing 

document was served via transmission of Notices of Electronic Filing generated by CM/ECF or 

in some other authorized manner for those counsel or parties who are not authorized to receive 

electronically Notices of Electronic Filing on all counsel or parties of record on the Service List 

below. 

BY: /s/ Marlene Quintana 

Marlene Quintana, Mediator 

Respectfully submitted, 

GRAYROBINSON, P.A. 

333 S.E. 2nd Avenue, Suite 3200 

Miami, Florida 33131 

Telephone: (305) 416-6880 

Facsimile: (305) 416-6887 

BY: /s/ Marlene Quintana 

Marlene Quintana, Mediator 

Florida Bar No.: 88358 

marlene.quintana@gray-robinson.com

Case 1:22-cv-22727-LMR Document 62 Entered on FLSD Docket 06/22/2023 Page 2 of 2
###### Editorial Note on Part 159

#### Editorial Note:

Nomenclature changes to part 159 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

#### § 159.119 Operability test; temperature range.

The device must operate in an ambient temperature of 5 °C with inlet operating fluid temperature varying from 2 °C to 32 °C and in an ambient temperature of 50 °C with inlet operating fluid temperature varying from 2 °C to 32 °C.
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 MotivNation Inc. (the "Company") on Form 10-QSB for the quarterly period ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, George Lefevre, CEO of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of the undersigned’s knowledge and belief: 

 

(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.

 

| Dated: 			May 19, 2006 | By:/s/			George LeFevre                        			

      George Lefevre CEO |
|-----------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

James Earl Piland, Appellant

No. 06-14-00063-CR v.

The State of Texas, Appellee

Appeal from the 4th District Court of Rusk 

County, Texas (Tr. Ct. No. CR 13-214). 

Opinion delivered by Chief Justice Morriss, 

Justice Carter and Justice Moseley

participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, James Earl Piland, has adequately indicated his inability to 

pay costs of appeal. Therefore, we waive payment of costs.

RENDERED DECEMBER 17, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
**EXHIBIT 10.12**

 

**AMENDMENT 2003-1**

 

**MERCURY GENERAL CORPORATION**

**PROFIT SHARING PLAN**

 

**WHEREAS,** Mercury General Corporation (the “Company”) maintains theMercury General Corporation Profit Sharing Plan (the “Plan”); and 

 

**WHEREAS,** pursuant to Section 9.1 of the Plan, the Company is authorized to amend the Plan; and 

 

**WHEREAS,** the Company deems it desirable to modify the Plan’s provisions to provide eligible participants the ability to make catch-up contributions totheir individual accounts in accordance with Section 414(v) of the Internal Revenue Code of 1986, as amended in concert with the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”); 

 

**NOW THEREFORE,** effective as of June 1, 2003, the Plan is hereby amended asfollows: 

 

The following Section 3.10 is hereby added tothe Plan as follows: 

 

“3.10 Catch-UpContributions

 

All employees who are eligible to makebefore-tax Compensation Deferrals under this Plan and who have attained age 50 before the close of the plan year shall be eligible to make catch-up contributions in accordance with, and subject to the limitations of, Section 414(v) if the Code. Suchcatch-up contributions shall not be taken into account for purposes of the provisions of the Plan implementing the required limitations of Section 402(g) and 415 of the Code. The Plan shall not be treated as failing to satisfy the provisions of thePlan implementing the requirements of Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b), or 416 of the Code, as applicable, by reason of the making of such catch-up contributions. Catch-up contributions shall apply to contributions after the datespecified by the Company. Company Matching Contributions shall not be allocated with respect to any contribution made as a catch-up contribution, even if it is later recharacterized as not constituting a catch-up contribution.” 

 

**IN WITNESS WHEREOF,** this Amendment 2003-1 is hereby adopted this22nd day of May 2003.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from SEC Form
10-Q and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                           JAN-2-1999
<PERIOD-END>                                JUL-4-1998
<CASH>                                           46492
<SECURITIES>                                         0
<RECEIVABLES>                                   453291
<ALLOWANCES>                                      2451
<INVENTORY>                                     331747
<CURRENT-ASSETS>                                845754
<PP&E>                                          391856
<DEPRECIATION>                                  156787
<TOTAL-ASSETS>                                 1087927
<CURRENT-LIABILITIES>                           654838
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        259708
<OTHER-SE>                                        6961
<TOTAL-LIABILITY-AND-EQUITY>                   1087927
<SALES>                                        1550972
<TOTAL-REVENUES>                               1550972
<CGS>                                          1429905
<TOTAL-COSTS>                                  1429905
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                8149
<INCOME-PRETAX>                                  43596
<INCOME-TAX>                                      1348
<INCOME-CONTINUING>                              42248
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     42248
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–90 

PROVIDING FOR CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE CONCURRENT RESOLUTION (S. CON. RES. 13) SETTING 

FORTH THE CONGRESSIONAL BUDGET FOR THE UNITED STATES GOVERNMENT FOR FISCAL YEAR 2010, REVISING THE APPROPRIATE BUDGETARY LEVELS FOR FISCAL YEAR 2009, AND SETTING FORTH THE APPROPRIATE BUDGETARY LEVELS FOR FISCAL YEARS 2011 THROUGH 

2014 

APRIL 28, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 371] 

The Committee on Rules, having had under consideration House 

Resolution 371, by a non-record vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of the conference report 

to accompany S. Con. Res. 13, the concurrent resolution on the 

budget for fiscal year 2010. The resolution provides one hour of debate on the conference report equally divided and controlled by the 

chair and ranking minority member of the Committee on the Budget. 

The resolution waives all points of order against the conference 

report and against its consideration. The resolution also provides 

that the conference report shall be considered as read. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the conference report includes a waiver of clause 8 of rule XXII (requiring 

a three-day layover of conference reports and accompanying joint 

explanatory statements). The waiver of all points of order against 

the conference report includes a waiver of clause 9 of rule XXII 

(precluding conferees from including matter outside the scope of 

conference). 

Æ 


pwalker on PROD1PC71 with HEARING
EXHIBIT 32

                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
             (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF
                          TITLE 18, UNITED STATES CODE)


Pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002 (subsections (a) and
(b) of section 1350,  chapter 63 of Title 18,  United States Code),  each of the
undersigned  officers of Dragon  Pharmaceutical Inc., a Florida corporation (the
"Company"),  does hereby  certify  with respect to the  Quarterly  Report of the
Company on Form  10-QSB for the  quarter  ended March 31, 2005 as filed with the
Securities  and Exchange  Commission  (the "Form  10-QSB")  that, to the best of
their  knowledge:

     (1)  the Form 10-QSB 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 Form 10-QSB fairly presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


Dated: September 23, 2005
                                          /s/ Yanlin Han
                                          --------------------------------
                                          Yanlin Han
                                          Chief Executive Officer


Dated: September 23, 2005
                                          /s/ Garry Wong
                                          --------------------------------
                                          Garry Wong
                                          Chief Financial Officer
<PAGE>

Exhibit 10.97b





December 20,2002

Victor T. Weber
9416 Gold Mountain Drive
Las Vegas, Nevada 89134


RE: ISSUANCE OF STOCK

Dear Victor,

The following will confirm the terms of the agreements  regarding  certain loans
and services and Vertical's  issuance of two million  (2,000,000) shares of Rule
144 common stock of Vertical:

         1. You have made  loans to  Vertical  in the  amounts  of  $65,000  and
         $45,000 to Vertical and Vertical has issued  promissory notes to you in
         those amounts.
         2. You have provided  consulting  services on Vertical's  behalf. 3. In
         consideration of the loans an d services, Vertical shall
                  issue two million (2,000,000) shares of Vertical common stock.
                  Both  parties  acknowledge  and agree  that the  shares of the
                  stock are "restricted  securities"  within the meaning of Rule
                  144 under the 1933 Act and have not been registered  under the
                  1933 Act or any state  securities  laws and thereafter must be
                  held  indefinitely  unless  they are  subsequently  registered
                  under the 1933 Act or an exemption from such  registration  is
                  available. Vertical shall take all steps necessary to register
                  these shares in its forthcoming SB-2 Registration Statement.

The parties hereby confirm the above terms on the date first set forth above.




                                            Sincerely,


                                            Richard Wade
                                            President/CEO
                                            Vertical Computer Systems, Inc.


ACCEPTED & AGREED:

---------------------
Victor Weber
Comment Info: =================

General Comment:Testimony presented at CO public hearing
Argued and submitted November 28, 1994,

conviction affirmed; remanded for entry of corrected judgment January 4,

petition for review denied March 7, 1995 (320 Or 588)

#### STATE OF OREGON, *Respondent, v.*SUNG SUK KIM, *Appellant.*

(9003-31662; CA A79252)

887 P2d 393

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Richardson, Chief Judge,* and De Muniz and Leeson, Judges.

PER CURIAM

*

 Richardson, C. J., *vice*Rossman, P. J., retired.

*368PER CURIAM

Defendant was convicted of murder. ORS 163.115. At the sentencing hearing, the trial court orally sentenced defendant to life in prison with a minimum term of 25 years. The written judgment, on a preprinted form, imposed the life sentence and included the minimum term of 25 years pursuant to ORS 144.110. The statutory reference was part of the form. Defendant appeals, arguing that a 25-year term cannot be imposed in a murder case pursuant to ORS 144.110. *State v. Macy,*295 Or 738, 671 P2d 92 (1983). The state concedes that defendant is correct and also agrees with him that we should address the error, because it is apparent on the face of the record.

We exercise our discretion to reach the error, and we accept the state’s concession. We also agree with the state that the proper remedy is not, as defendant argues, deletion of the minimum term. It is clear from the record at oral sentencing that the trial court intended to impose a 25-year term. It had the authority to do so. ORS 163.115(4)(a) to (c). The statutory reference to ORS 144.110 was a clerical error. Therefore, we remand for entry of a corrected judgment. *See State v. Rood,*129 Or App 422, 879 P2d 886 (1994); *State v. Bivens,*127 Or App 83, 871 P2d 486, *rev den*319 Or 149 (1994).

Conviction affirmed; remanded for entry of corrected judgment.
§ 20.1002 Records on appeal. ( a ) The record of the proceeding constitutes the record for decision on appeal.
( b ) If the respondent requests a copy of the transcript of the hearing as part of the record of proceeding, then,— ( 1 ) If the hearing was recorded at Federal expense, the Coast Guard will provide the transcript on payment of the fees prescribed in 49 CFR 7.45; but,
( 2 ) If the hearing was recorded by a Federal contractor, the contractor will provide the transcript on the terms prescribed in 49 CFR 7.45.
Exhibit 10(b)

RESTRICTED STOCK AGREEMENT

ENERGEN CORPORATION 1997 STOCK INCENTIVE PLAN

Dated as of _________,______

 

An Award of Restricted Stock is hereby granted to the below named Participant.  This Award is granted under the Energen Corporation 1997 Stock Incentive Plan ("the Plan"), dated November 25, 1997, as amended, and is subject in all respects to the terms and provisions of the Plan which is incorporated herein by reference.  Without limiting the generality of the foregoing, this Award is subject to the transferability restrictions and forfeiture provisions set forth in the Plan.  Words defined in the Plan and used in this Agreement shall have the meanings set forth in the Plan.  The attributes of this Award are as follows:

Participant:	
Name
	

2)	Number of Restricted Shares:	Shares
**3)	Date of Grant:	______________
**4)	Vesting:	  Restrictions on the Restricted Shares shall lapse [100% on specified date / in increments on specified dates].
****5)	Additional terms and conditions:	[None / specified additional conditions].

 

						ENERGEN CORPORATION

 

						By	                                                                        
							

						Its	_______________________________

 

The Participant hereby accepts this Restricted Stock Award and agrees to accept as binding, conclusive, and final all decisions and interpretations of the Committee and/or the Board, upon any questions arising under the Plan.

 

						                                                                                      
						Participant - Name

 ******
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|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|--|
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