alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CEMENT ROOFING INDUSTRIES, INC., Appellant, v. MORGAN CONSTRUCTION COMPANY OF TAMPA, Appellee.

No. 72-316.

District Court of Appeal of Florida, Second District.

April 13, 1973.

L. Robert Frank, of Allen, Dell, Frank & Trinkle, Tampa, for appellant.

Thomas D. Casper, of Yado, Keel & Nelson, Tampa, for appellee.

MANN, Chief Judge.

Morgan Construction Company of Tampa agreed to construct a building for Cement Roofing Industries, Inc. It was ready to perform but was denied a building permit because of Cement Roofing’s failure to perform timely a condition precedent to its issuance. These facts found by the trial judge are supported by substantial, competent evidence. Morgan sued for and got damages for loss of profit on the contract.

Restatement, Contracts § 315(1) states:

> (1) Prevention or hindrance by a party to a contract of any occurrence or performance requisite under the contract for the creation or continuance of a right in favor of the other party, or the discharge of a duty by him, is a breach of contract, unless

> (a) the prevention or hindrance is caused or justified by the conduct of the other party, or

> (b) the terms of the contract are such that the risk of such prevention or hindrance as occurs has been assumed by the other party.

The trial judge explained his ruling in a well reasoned order, citing numerous cases. See also Sharp v. Williams, 1939, 141 Fla. 1, 192 So. 476; Continental Casualty Company v. Reddick, Fla.App.1st 1967, 196 So.*582d 239; Keystone Acceptance Corp. v. Dynalectron Corp., 1971, 144 U.S.App.D.C. 253, 445 F.2d 729; 6 Corbin, Contracts § 1264.

Affirmed.

HOBSON and BOARDMAN, JJ„ concur.
<PAGE>
<PAGE> 19

                                                                  Exhibit 12

<TABLE>
               AMERICAN GENERAL FINANCE, INC. AND SUBSIDIARIES
              Computation of Ratio of Earnings to Fixed Charges
                                 (Unaudited)



<CAPTION>
                                                        Three Months Ended
                                                             March 31,
                                                        2000          1999
                                                      (dollars in thousands)
<S>                                                   <C>           <C>
Earnings:
  Income before provision for income
    taxes                                             $ 93,651      $ 79,739
  Interest expense                                     163,141       137,545
  Implicit interest in rents                             3,966         3,692

Total earnings                                        $260,758      $220,976


Fixed charges:
  Interest expense                                    $163,141      $137,545
  Implicit interest in rents                             3,966         3,692

Total fixed charges                                   $167,107      $141,237


Ratio of earnings to fixed charges                        1.56          1.56
</TABLE>
**Exhibit 31.1**

 

I, RobertS. Cramer, certify that:

 

1. I have reviewed this annual report onForm 10-KSB of A.D.A.M., Inc.;

 

2. Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3. Based on my knowledge, the financial statements, andother financial information included in this report fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in the annual report;

 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrantand we have:

 

a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervisory to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b) [Paragraph omitted pursuant to SEC Release Nos. 33-8238and 34-47986]

 

c) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation;

 

d) Disclosed in this annual report any change in theregistrant’s internal control over financial reporting that occurred during theperiod covered by this annual report that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and material weaknesses  in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 
| Date: March 29,  2005 | By:    | /s/ Robert  S. Cramer, Jr.        |
|----------------------------|--------|----------------------------------------|
|                       |   | *Chairman and Chief Executive Officer* |

 

1

----
[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Page 6264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3318]


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

DEPARTMENT OF THE INTERIOR


Office of the Secretary; Glen Canyon Dam Adaptive Management Work 
Group; Notice of Establishment

    This notice is published in accordance with Section 9(a)(2) of the 
Federal Advisory Committee Act (Pub. L. 92-463). Following consultation 
with the General Services Administration, notice is hereby given that 
the Secretary of the Interior (Secretary) is establishing the Glen 
Canyon Dam Adaptive Management Work Group. The purpose of the Adaptive 
Management Work Group shall be to advise and provide recommendations to 
the Secretary with respect to his responsibility to comply with the 
Grand Canyon Protection Act of October 30, 1992, embodied in Public Law 
102-575.
    Further information regarding the advisory council may be obtained 
from the Bureau of Reclamation, Department of the Interior, 1849 C 
Street, NW, Washington, DC 20240.
    The certification of establishment is published below.

Certification

    I hereby certify that establishment of the Glen Canyon Dam Adaptive 
Management Work Group is in the public interest in connection with the 
purpose of duties imposed on the Department of the Interior by 30 
U.S.C. 1-8.

    Dated: January 15, 1997.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 97-3318 Filed 2-10-97; 8:45 am]
BILLING CODE 4310-94-M
[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34047]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
[AC No. 183-35G CHG 1]


Proposed Changes to Advisory Circular on Airworthiness Designee 
Function Codes and Consolidated Directory for DMIR/DAR/ODAR/DAS/DOA AND 
SFAR NO. 36

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: This notice is proposing two changes to AC 183-35G. The 
proposed changes address revising the description of the DAR-F and 
ODAR-F Codes and Functions No. 08 and the DAR-T and ODAR-T Codes and 
Functions No. 23. these Codes and Functions are changed to address the 
new airworthiness approval identified in FAA Order 8130.21B.

DATES: Comments must be received on or before January 15, 1998.

ADDRESSES: Send all comments and requests for copies of the proposed AC 
to: Federal Aviation Administration; ATTN: Evangeline Raines, AFS-640, 
P.O. Box 25082, Oklahoma City, OK 73125.

FOR FURTHER INFORMATION CONTACT:
John Rice, AFS-640, at the above address; telephone (405) 954-6484, 
(8:00 a.m. to 5:00 p.m. CST).

SUPPLEMENTARY INFORMATION: The Designee Standard Branch, AFS-640, has 
made changes to AC 183-35G, FAA DAR, DAS, DOA, AND SFAR PART 36 
DIRECTORY, to address the new airworthiness approval identified in FAA 
Order 8130.21B. The proposed changes address revised the description of 
the DAR-F and ODAR-F Codes and Functions No. 08 and the ODAR-T Codes 
and Functions No. 23.

    08  Issue original standard airworthiness certificate for U.S. 
registered aircraft and original airworthiness approvals for 
engines, propellers, parts and appliances that conform to the 
approved design requirements and are in a condition for safe 
operation.

    The new verbiage for DAR-T and ODAR-T Codes and function number 
will read:

    23  Issue recurrent airworthiness certificate for U.S. 
registered aircraft, including Very Light Aircraft (VLA) and 
recurrent airworthiness approvals for engines, propellers, parts and 
appliances that conform to the approved design requirements and are 
in a condition for safe operation.

    The FAA intends to revise and republish the advisory circular to 
seek public comment each time it is proposed to add or delete an 
authorized function. Additional areas of delegation will be selected 
and authorized by the Director of Airworthiness based on 
recommendations from the other FAA elements and the aviation community.

    Issued in Washington, DC.
Bill M. Pickelsimer,
Assistant Manager, Regulatory Support Division.
[FR Doc. 97-34047 Filed 12-30-97; 8:45 am]
BILLING CODE 4910-13-M
Document

Exhibit 10.3
Summary of Compensation Information of Francis Jose, Chief Executive Officer


In connection with Mr. Jose’s appointment as Chief Executive Officer, effective August 30, 2021, the Company’s Compensation Committee (the “Compensation Committee”) approved an increase to Mr. Jose’s annual base salary from $315,000 to $345,000, effective as of August 30, 2021.
September 9, 2014



### JUDGMENT 

## The Fourteenth Court of Appeals

STEVEN FRANKOFF , Appellant

NO. 14

- 13

- 00162

- CV V.
SUSAN C. NORMAN , Appellee

_____ ___________________________ This cause, an appeal from the judgment in favor of appellee, Susan C. Norman, signed April 5, 2013, was heard on the transcript of the record. We have inspected the record and find no error in the judgment. We order the judgme nt of the court below AFFIRMED

. We order appellant, Steven Frankoff, to pay all costs incurred in this appeal.
We further order this decision certified below for observance.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7054 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7054

     To encourage the donation of menstrual products to nonprofit 
        organizations for distribution, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2020

   Ms. Meng introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To encourage the donation of menstrual products to nonprofit 
        organizations for distribution, and for other purposes.

    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 ``Good Samaritan Menstrual Products 
Act''.

SEC. 2. LIMITATION OF LIABILITY FOR DAMAGES FROM DONATED MENSTRUAL 
              PRODUCTS.

    (a) Liability of Person, Manufacturer, or Distributor.--A person, 
manufacturer, or distributor shall not be subject to civil or criminal 
liability arising from the nature, age, packaging, or condition of 
apparently usable menstrual products that the person, manufacturer, or 
distributor donates in good faith to a nonprofit organization for 
ultimate distribution to individuals in need of such products.
    (b) Liability of Nonprofit Organization.--A nonprofit organization 
shall not be subject to civil or criminal liability arising from the 
nature, age, packaging, or condition of apparently usable menstrual 
products that the nonprofit organization received as a donation in good 
faith from a person, manufacturer, or distributor for ultimate 
distribution to individuals in need of such products.
    (c) Exception.--Subsections (a) and (b) do not apply to an act or 
omission of a person, manufacturer, distributor, or nonprofit 
organization, as applicable, constituting gross negligence or 
intentional misconduct that results in injury to or death of a user or 
recipient of the menstrual product.

SEC. 3. DEFINITION.

    In this Act:
            (1) The term ``menstrual product'' means a sanitary napkin, 
        tampon, liner, cup, and any similar item used by an individual 
        with respect to menstruation.
            (2) The term ``apparently usable'' means, with respect to a 
        product, that the product meets all quality and labeling 
        standards imposed by Federal, State, and local laws and 
        regulations even if the product may not be readily marketable.
                                 <all>
```
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION1350**

**AS ADOPTED PURSUANT TO**

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

 

In connection with the Quarterly Report of A.D.A.M., Inc. (the “Company”)on Form 10-KSB for the year ended December 31, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), theundersigned, Robert S. Cramer, Jr., President and Chief Executive Officer ofthe Company, and Kevin S. Noland, Chief Operating Officer and acting chieffinancial and accounting officer of the Company, do hereby certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to the best of our knowledge:

 

(1)           The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|   | /s/ Robert S. Cramer, Jr.              |   |
|--------|----------------------------------------|--------|
|   | Robert S.  Cramer, Jr.                 |
|   | President  and Chief Executive Officer |
|   | March 29,  2005                        |

 

 
|   | /s/ Kevin S. Noland                                                                               |   |
|--------|---------------------------------------------------------------------------------------------------|--------|
|   | Kevin S.  Noland                                                                                  |
|   | Chief  Operating Officer and Corporate Secretary (acting chief financial and  accounting officer) |
|   | March 29,  2005                                                                                   |

 

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1989-D, Ltd.'s balance sheet and statement of
operations  contained in its Form 10-K for the year ended  December 31, 1997 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         47,741
<SECURITIES>                                   0
<RECEIVABLES>                                  52,976
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               100,717
<PP&E>                                         2,235,075
<DEPRECIATION>                                 (1,769,345)
<TOTAL-ASSETS>                                 566,447
<CURRENT-LIABILITIES>                          5,346
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     561,101
<TOTAL-LIABILITY-AND-EQUITY>                   566,447
<SALES>                                        208,806
<TOTAL-REVENUES>                               209,444
<CGS>                                          0
<TOTAL-COSTS>                                  83,302<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                81,272
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            81,272
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   81,272
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        


</TABLE>
**Exhibit32**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. 1350 ADOPTED**

 

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

 

The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, totheir knowledge, the Annual Report on Form 10-K for the year ended January 3,2004 of Appliance Recycling Centers of America, Inc. (Company) fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934, as amended, and that the information contained in such periodic reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of, and for, the periods presented in suchreport.

 
| Very truly yours,         |
|---------------------------|
|                      |
|                      |
| Edward R. Cameron         |
|                      |
|                      |
| /s/Edward R. Cameron      |   |
| President                 |
|                      |
|                      |
| Linda Koenig              |
|                      |
|                      |
| /s/Linda Koenig           |   |
| Vice President of Finance |
|                      |
|                      |
| Date March 16, 2004       |

 

----

* A signed original of this written statement required by Section 906or other document authenticating, acknowledging or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
<TABLE> <S> <C>


<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           6,546
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                   476
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     62,788
<INVESTMENTS-CARRYING>                          15,273
<INVESTMENTS-MARKET>                            16,262
<LOANS>                                        130,713
<ALLOWANCE>                                      1,361
<TOTAL-ASSETS>                                 222,070
<DEPOSITS>                                     184,604
<SHORT-TERM>                                     3,838
<LIABILITIES-OTHER>                              1,431
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,751
<OTHER-SE>                                      25,143
<TOTAL-LIABILITIES-AND-EQUITY>                 222,070
<INTEREST-LOAN>                                 10,803
<INTEREST-INVEST>                                4,930
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                15,733
<INTEREST-DEPOSIT>                               6,651
<INTEREST-EXPENSE>                                 233
<INTEREST-INCOME-NET>                            6,333
<LOAN-LOSSES>                                      125
<SECURITIES-GAINS>                                 (3)
<EXPENSE-OTHER>                                  5,558
<INCOME-PRETAX>                                  4,568
<INCOME-PRE-EXTRAORDINARY>                       3,245
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,245
<EPS-PRIMARY>                                     2.17
<EPS-DILUTED>                                     2.17
<YIELD-ACTUAL>                                 207,288
<LOANS-NON>                                        516
<LOANS-PAST>                                        57
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  6,929
<ALLOWANCE-OPEN>                                 1,247
<CHARGE-OFFS>                                     (31)
<RECOVERIES>                                        20
<ALLOWANCE-CLOSE>                                1,361
<ALLOWANCE-DOMESTIC>                                88
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,273



</TABLE>
#### PARTELOW v. EDGAR.

No. 38437.

Supreme Court of Florida.

April 1969.

Certiorari denied without opinion. 219 So.2d 72.