alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JAQUAN LEWIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D13-1228

[June 24, 2015]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Cynthia Gelmine Imperato, Judge; L.T. Case No. 07-634 

CF 10B.

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant 

Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Nancy Jack, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court’s order denying appellant’s motion for 

postconviction relief and remand this matter for further proceedings 

consistent with Falcon v. State, 40 Fla. L. Weekly S151 (Fla. Mar. 19, 

2015), and Horsley v. State, 160 So. 3d 393 (Fla. 2015).

DAMOORGIAN, C.J., STEVENSON and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
8040.5 09/29/06

fAA- 2 OlO- 0760

-

Response

Dave Loiterer

Robert Harkrnan

I

,\:1Lopel. I

Regional Aic1ine Association

ATA

Ajrcraff Owners & Pilots Association

Contacts. With whom outside the FM has this proposal been discussed?

I

Organization Person Con~acted Date

I\-:l{ionaiBusiness Aircraft Association Eli Colli
July 11, 1996


Exhibit 10(A)(5)



[Servotronics, Inc. Letterhead]



 

July 9, 2008



Nicholas D. Trbovich, Jr.

28 Tanglewood Drive, West

Orchard Park, NY 14127



Dear Mr. Nicholas D. Trbovich, Jr.:



You and Servotronics, Inc. (the "Company") are parties to an Amended Employment Agreement, dated July 1, 2005 and ratified on June 30, 2006 pursuant to which you are employed by the Company.  This letter confirms such Amended Employment Agreement and subsequent ratification and subsequent Amendments dated August 4, 2006 and July 6, 2007 (the "Amended Agreement").



This letter will also confirm your agreement and that of the Company (pursuant to a resolution of the Board of Directors passed at a meeting held on July 3, 2008) to (i) amend Paragraph 1 of the Amended Agreement to delete "July 1, 2012" and insert in its place "July 1, 2013" and (ii) amend Paragraph 3 of the Amended Agreement to delete "$250,000" and insert in its place "$275,000" (to be effective May 1, 2008) subject to your acceptance which will be indicated by your signature below.



If the foregoing meets with your approval and you are willing to become bound hereby, will you please sign and return to the undersigned the enclosed copy of this letter.



Very truly yours,



SERVOTRONICS, INC.



/s/ Michael D. Trbovich



Michael D. Trbovich,

Corporate Secretary.



 

ACCEPTED AND AGREED



/s/ Nicholas D. Trbovich, Jr. 

Nicholas D. Trbovich, Jr.

July 9, 2008

Date
```

[108th Congress Public Law 59]
[From the U.S. Government Printing Office]

[DOCID: f:publ059.108]

[[Page 117 STAT. 860]]

Public Law 108-59
108th Congress

                                 An Act

 
  To extend the Abraham Lincoln Bicentennial Commission, and for other 
             purposes. <<NOTE: July 14, 2003 -  [S. 858]>> 

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

SECTION 1. ABRAHAM LINCOLN BICENTENNIAL COMMISSION.

    (a) Duties.--Section 4 of the Abraham Lincoln Bicentennial 
Commission Act (36 U.S.C. note prec. 101; Public Law 106-173) is 
amended--
            (1) in paragraph (1)(D), by striking ``redesignation'' and 
        inserting ``rededication''; and
            (2) by adding at the end the following:
            ``(3) To recommend to Congress a plan to carry out the 
        activities recommended under paragraph (2).
            ``(4) To carry out other related activities in support of 
        the duties carried out under paragraphs (1) through (3).''.

    (b) Extension.--Section 8 of such Act (36 U.S.C. note prec. 101; 
Public Law 106-173) is amended--
            (1) in subsection (a), by striking ``The'' and inserting 
        ``In addition to the interim report required under subsection 
        (b), the'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking ``Final 
                Report.--''  and  inserting  ``Required  Interim  
                Report.--'';
                    (B) <<NOTE: Reports. Deadline.>> by striking the 
                first sentence and inserting: ``Not later than June 24, 
                2004, the Commission shall submit an interim report to 
                Congress.''; and
                    (C) in the second sentence, by striking ``final''; 
                and
            (3) by adding at the end the following:

[[Page 117 STAT. 861]]

    ``(c) Final <<NOTE: Deadline.>> Report.--Not later than April 30, 
2010, the Commission shall submit a final report to Congress. The final 
report shall contain final statements, recommendations, and information 
described under subsection (b) (1), (2), and (3).''.

    Approved July 14, 2003.

LEGISLATIVE HISTORY--S. 858:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 149 (2003):
            May 23, considered and passed Senate.
            June 25, considered and passed House.

                                  <all>
```
Exhibit 11 (a)



IRWIN FINANCIAL CORPORATION AND SUBSIDIARIES
EXHIBIT 11(a) - COMPUTATION OF EARNINGS PER SHARE



Year Ended December 31,                1997             1996            1995

[S]                             [C]              [C]             [C]
AVERAGE NUMBER OF SHARES          11,163,155       11,358,121      11,279,870
OUTSTANDING

NET INCOME                       $24,444,150      $22,428,337     $20,083,202

BASIC EARNINGS PER SHARE (Note 2)
                                       $2.19            $1.97           $1.78

DILUTED SHARES OUTSTANDING:
  Average number of shares       11,163,155       11,358,121      11,279,870
  outstanding
  Assumed exercise of stock
  options                           197,932          156,871         149,949
(Note 1)
  Total shares (Note 2)          11,361,087       11,514,992      11,429,819


NET INCOME                      $24,444,150      $22,428,337     $20,083,202

DILUTED EARNINGS PER SHARE (Note 2)
                                      $2.15            $1.95           $1.76


(1)  The dilutive effect of stock options is based on the Treasury Stock
method.

Adjusted for the two-for-one stock split on December 30, 1996
The following Appendices contain data used to support EPA’s numeric nutrient criteria for 

Florida’s lakes and flowing waters. The data are included as appendices to EPA’s Technical 

Support Document for U.S. EPA’s Final Rule for Numeric Criteria for Nitrogen/Phosphorus 

Pollution in Florida’s Inland Surface Fresh Waters. 

Appendix A1. Florida Waterbody Identification Numbers (WBIDs) by EPA Nutrient 

Watershed Region (NWR). Appendix A1 contains a list of Florida waterbody identification 

numbers (WBIDs) organized by EPA’s Nutrient Watershed Region (NWR). This list is based on 

FDEP’s WBID map located at FDEP’s GIS site (http://www.dep.state.fl.us/gis/datadir.htm, 

accessed March 2010). 

Appendix A3. Data Supporting EPA’s Reference Approach for Deriving Numeric Nutrient 

Criteria for Florida Streams. Appendix A3 contains the data EPA used to derive numeric 

nutrient criteria for Florida streams. 

Appendix B1. Data Supporting EPA’s Approach for Deriving Numeric Nutrient Criteria 

for Florida Lakes. Appendix B1 contains the data EPA used to derive numeric nutrient criteria 

for Florida lakes. 

For a copy of the CD, please contact EPA’s docket office. The docket identification number is 

EPA-HQ-OW-2009-0596. The Office of Water (OW) Docket Center is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, excluding legal holidays. The OW Docket Center telephone 

number is 202-566-1744 and the Docket address is OW Docket, EPA West, Room 3334, 1301 

Constitution Ave., NW, Washington, DC 20004.
**Exhibit32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

**PURSUANTTO**

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

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Stephen K.Gartside, Jr., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report ofEvolving Systems, Inc. on Form 10-Q for the quarterly period ended March 31,2004 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that information contained in such Form10-Q fairly presents in all material respects the financial condition andresults of operations of Evolving Systems, Inc.

 
| /s/ STEPHEN K. GARTSIDE, JR.          |   |
|---------------------------------------|--------|
|                                  |
| Stephen K. Gartside, Jr.              |
| President and Chief Executive Officer |
| May 10, 2004                          |

 

----
**EXHIBIT 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement No. 333-114065 on Form S-3 of our report dated March 1, 2006, relating to the financial statements and financial statement schedule of Interstate Power and Light Company, appearing in this Annual Report on Form 10-K of Interstate Power and Light Company for the year ended December 31, 2005.

 

 

/s/ DELOITTE & TOUCHE LLP

DELOITTE & TOUCHE LLP

 

Milwaukee, Wisconsin

March 1, 2006
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SYLVIA FORTE,

Plaintiff, No. Civ. S- 04-1110 FCD/DAD

v. ORDER FOR SANCTIONS

UNITED AUBURN INDIAN

COMMUNITY, et al.,

Defendants.

_____________________________/

On February 15, 2005, the court issued an order deferring

payment of sanctions by plaintiff’s counsel, Robert F. Koehler,

Jr. pursuant to an Order for Sanctions filed on January 19, 2005.

Additionally, Mr. Koehler was instructed to notify the court, in

writing, on or before April 1, 2005 as to the status of this

action, or if the action has settled to file the appropriate

dismissal, and upon this notification the sanction order

would be discharged. 

Plaintiff’s counsel was also informed that failure to comply

with this order would result in an additional sanction order and

the dismissal of this action. 

As of September 14, 2005, Mr. Koehler has failed to notify

the court the status of this action and/or file a dismissal. 

Case 2:04-cv-01110-FCD-DAD Document 9 Filed 09/15/05 Page 1 of 2
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The court finds Mr. Koehler’s failure to comply with the

order of February 15, 2005 very serious, especially in light of

the court’s deferral of sanctions pursuant to his representations

in the order to show cause response filed January 28, 2005. 

Accordingly, the court makes the following orders:

1. Mr. Koehler shall pay sanctions in the amount of

$300.00. Payment should be in the form of a check made

payable to the Clerk of the Court. The sum is to be

paid personally by plaintiff’s counsel not later than

ten (10) days from the filing of this Order for

Sanctions.

2. This sanction is personal to the attorney, is to be

borne by him personally, and is not to be transmitted

to the client by way of a charge of attorney’s fees

and/or costs.

3. Plaintiff's case is dismissed for failure to prosecute,

Fed. R. Civ. P. 41(b), and for repeated failures to

respond to this court's orders, Ferdik v. Bonzelet, 963

F.2d 1258, 1260-61 (9th Cir. 1992). With respect to

dismissal for failure to follow court orders, the court

has reviewed the five factors set forth in Ferdik and

finds that each warrants dismissal of plaintiff's case.

IT IS SO ORDERED.

DATED: September 15, 2005.

/s/ Frank C. Damrell Jr. 

FRANK C. DAMRELL, JR.

United States District Judge

Case 2:04-cv-01110-FCD-DAD Document 9 Filed 09/15/05 Page 2 of 2
<PAGE>   1


                                                                   EXHIBIT 10(3)



                    NOTE EXTENSION AND MODIFICATION AGREEMENT


         THIS NOTE AND EXTENSION MODIFICATION AGREEMENT ("Agreement") is entered
into by and between JILCO INDUSTRIES, INC., a California corporation ("Payor")
and LEONARD M. ROSS, a California resident ("Payee").

         Payor and Payee do hereby mutually acknowledge and agree that Payor is
presently liable for the indebtedness represented by a certain promissory note
payable to Payee dated December 18, 1987 in the original principal amount of
FORTY THOUSAND DOLLARS ($40,000.00) ("Note"). Payor has requested Payee to
extend the maturity date of said Note and Payor is willing to do so.

         NOW, THEREFORE, FOR VALUABLE CONSIDERATION IN HAND
RECEIVED, the parties hereto, and each of them, do hereby agree that effective
as of the date hereof, the unpaid principal portion of the Note and all unpaid
accrued interest, if any, shall be all due and payable on December 31, 1994.

         Nothing contained herein shall be deemed to affect the obligation of
Payor regarding the payment of interest accrued on the Note through the date
hereof, or to affect any obligations of Payor under the Note, except as set
forth herein.

         IN WITNESS WHEREOF, the parties hereto, and each of them, have executed
this Agreement as of the 1st day of December, 1992.

                      JILCO INDUSTRIES, INC.
                      a California corporation


                      By /s/ Martha J. Kretzmer
                         ----------------------------------
                         Martha J. Kretzmer
                         President

                      "Payor"



                         /s/ Leonard M. Ross
                         ----------------------------------
                         Leonard M. Ross

                      "Payee"
No. 59511.

protest 253737-K (New York).

#### Fritz & La Rue Co. *v.*United States,

Opinion by

Johnson, J.

It was stipulated that the issue herein is similar in all material respects to that involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351) and that the merchandise contained in case No. 4220, reported by the inspector as manifested, not found, was not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that duty is not assessable upon such portion of the merchandise as was reported by the inspector as manifested, not found. The protest was sustained to this extent.
- Bureau of the Fiscal Service
- Intra-Governmental Payment and Collection
- Metric Resources
- IPAC Stats for September 2019

# IPAC Transaction Count September 2019

Table may scroll on smaller screens 

Last modified 10/03/19
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CASSANDRA MASON o/b/o R. : CIVIL ACTION

:

 v. :

:

JO ANNE B. BARNHART : NO. 05-5421

ORDER

AND NOW, this 17th day of May, 2006, upon careful and

independent consideration of the administrative record in this

matter, plaintiff's motion for summary judgment (docket entry #

8), defendant's motion for summary judgment (docket entry # 11),

the Honorable Linda K. Caracappa's Report and Recommendation

(docket entry # 14), plaintiff's objections to the Report and

Recommendation (docket entry # 15), and the Court finding that:

(a) In both her motion for summary judgment and her

objections to the Report and Recommendation, Cassandra Mason,

mother of "R.", argues that R. has "marked" limitations in

certain domains of functioning -- i.e., attending and completing

tasks, interacting and relating with others, and caring for

yourself -- and that because he has such "marked" limitations in

at least two domains, he is disabled;

(b) Because these arguments appeared in the motion for

summary judgment, Judge Caracappa was able to address them in her

Report and Recommendation, see Rep. & Rec. at 14-19;

(c) After reviewing the record, we concur completely

with Judge Caracappa's evaluation of the evidence, particularly

her discussion of the three domains at issue, and her conclusion

that substantial evidence supports defendant's decision, see 42

U.S.C. § 405(g); and

Case 2:05-cv-05421-SD Document 16 Filed 05/17/06 Page 1 of 2
2

(d) Thus, we shall overrule Mason's objections,

approve and adopt the Report and Recommendation, and enter

summary judgment in favor of defendant;

It is hereby ORDERED that:

1. Plaintiff's objections are OVERRULED;

2. Judge Caracappa's Report and Recommendation is

APPROVED and ADOPTED;

3. Plaintiff's motion for summary judgment is DENIED; 

4. Defendant's motion for summary judgment is

GRANTED; and

5. The Clerk shall CLOSE this civil action

statistically.

BY THE COURT:

/s/ Stewart Dalzell, J. 

Case 2:05-cv-05421-SD Document 16 Filed 05/17/06 Page 2 of 2
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 March 31, 2005 In connection with the Annual Report on Form 10-K by Kaiser Aluminum & Chemical Corporation, a
Delaware corporation (the Company), for the year ending December 31, 2003 (the Report), as
filed on the date hereof with the Securities and Exchange Commission, the undersigned, Jack A.
Hockema, Chief Executive Officer of the Company, does hereby certify, pursuant to 18 U.S.C. 1350 as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to such officers
knowledge:  (1)
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and(2)
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company as of the dates and for
the periods expressed in the Report. IN WITNESS WHEREOF, the undersigned has executed this certification as of the date first above
written. /s/ Jack A. HockemaJack A. HockemaChief Executive Officer A signed original of this written statement required by Section 906 has been provided to Kaiser
Aluminum & Chemical Corporation and will be retained by Kaiser Aluminum & Chemical Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
No. 55908.

protest 113233-K (Tampa).

#### West India Fruit & Steamship Co. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of sugar sirup the same in all material respéets as that the subject of *United States*v. *Olavarria & Co., Inc.*(37 C. C. P. A. 40, C. A. D. 417), and that the total sugars are as set forth in the United States chemist’s report attached to the entry, the claim of the plaintiff was sustained.
<PAGE>
                                                                    EXHIBIT 4.4
                   [LETTERHEAD OF FRISBY TECHNOLOGIES, INC.]


Fin.part International S.A.
25A Boulevard Royal - Le Forum Royal
L - 2449 Luxembourg

         Re:      Amendment of Convertible Note (this "Amendment")

Gentlemen:

                  Reference is made to the Convertible Promissory Note, entered
into June 7, 2002 effective as of June 3, 2002 (the "Note"), executed by Frisby
Technologies, Inc., a Delaware corporation (the "Company"), in favor of
Fin.part International S.A. ("Fin.part"). The Company and Fin.part hereby agree
to amend Section 5(e) of the Note to reflect the parties' intent as of the date
thereof by deleting "the maximum number of shares of Common Stock for which
this Note may be converted and which may be purchased in accordance with
Section 5(d), together, shall not exceed in the aggregate" and replacing it
with "the maximum number of shares of Common Stock issuable, in the aggregate,
upon conversion of this Note, exercise of the purchase right set forth in
Section 5(d), conversion of Borrower's Convertible Promissory Note effective on
or about the date hereof payable to MUSI Investments S.A., as may be amended
from time to time (the "MUSI Note"), and exercise of the purchase right set
forth in Section 5(d) of the MUSI Note shall be"

                  Except as specifically amended above, the Note shall remain
in full force and effect. For the avoidance of doubt, the Note, including
without limitation this Amendment, shall be governed by and interpreted in
accordance with the laws of the State of North Carolina, without regard to any
principles of choice of laws or conflicts of law, and applicable federal law.

                  This Amendment may be executed in counterparts, each of which
when so executed shall be deemed an original and both of which, taken together,
shall constitute one and the same instrument.

                                             Very truly yours,

                                             FRISBY TECHNOLOGIES, INC.


                                             By: /s/ Gregory S. Frisby
                                                --------------------------------
                                                Name: Gregory S. Frisby
                                                     ---------------------------
                                                Title: Chairman & CEO
                                                      --------------------------


Agreed and Accepted as of
the date first above written:

FIN.PART INTERNATIONAL S.A.

By:   /s/ Gianluigi Facchini
   -----------------------------
   Name: Gianluigi Facchini
        ------------------------
   Title:
         -----------------------
Before the Second Division,

November 13, 1957

No. 61335.

protests 257109-K, etc. (New York).

#### Barnett International Forwarders, Inc., et al. *v.*United States,

Opinion by

Rao, J.

In accordance with stipulation of counsel that the merchandise consists of papers with coated surface or surfaces, which are not embossed or printed otherwise than lithographically, nor wholly or partly covered with metal or its solutions, nor with gelatin, linseed oil cement, or flock, the claim of the plaintiffs was sustained.
<PAGE>

                                                                   EXHIBIT 24(c)

                         AMERIPRISE CERTIFICATE COMPANY
                                POWER OF ATTORNEY

City of Minneapolis
State of Minnesota

The undersigned as a director and officer of Ameriprise Certificate Company, a
face-amount certificate company registered under the Investment Company Act of
1940, hereby constitutes and appoints Brian J. McGrane, David K. Stewart, Scott
R. Plummer, and Christopher O. Petersen or any one of them, as his
attorney-in-fact and agent, to sign for him in his name, place and stead any and
all registration statements and amendments thereto (with all exhibits and other
documents required or desirable in connection therewith) that may be prepared
from time to time in connection with said Company's existing or future
face-amount certificate products--whether pursuant to the requirements of the
Securities Act of 1933, the Investment Company Act of 1940 or otherwise--and
periodic and other reports, and amendments thereto, including those on Form
10-K, Form 10-Q and Form 8-K, as required pursuant to provisions of applicable
federal securities laws, and any necessary or appropriate filings with states or
other jurisdictions, and grants to any or all of them the full power and
authority to do and perform each and every act required or necessary or
appropriate in connection with such signatures or filings.

Signed on this 19th day of February, 2008


/s/ William F. Truscott
-------------------------------------
Name: William F. (Ted) Truscott