alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### INTERNATIONAL SALES-RENTALS LEASING COMPANY, a Florida corporation, Appellant, v. Peggy Ann NEARHOOF, a minor, et al., Appellees.

No. 70-641.

District Court of Appeal of Florida, Third District.

June 29, 1971.

Rehearing Denied Sept. 2, 1971.

*350Adams, George & Wood, Miami, for appellant.

Ligman, Shepherd & Nettlow, Miami, for appellees.

Before CHARLES CARROLL, HEN-DRY and SWANN, JJ.

PER CURIAM.

Defendant-appellant International Sales-Rentals Leasing Company (“International”) appeals from an adverse final judgment entered pursuant to a jury verdict in an automobile negligence action. It advances as points for reversal the admissibility of testimony as to speed of one car and the applicability of the “sudden emergency” doctrine.

Appellees-plaintiffs, the Nearhoofs, filed suit against Duffy (the driver), Seaboard Properties, Inc. (Duffy’s employer), and appellant-international (the vehicle owner). A serious, multiple automobile crash occurred on May 14, 1968, just north of Jewfish Creek Bridge on a two-lane road in Monroe County. There was a 45 mile per hour speed limit.

Williard Nearhoof, the driver of the Nearhoof vehicle, was traveling north when he saw the car ahead of him make a U-turn (from north to south). His children and wife were passengers, and he was towing a utility trailer. Duffy was traveling from north to south and approaching the road ahead of the bridge. The U-turning vehicle crossed in front of Duffy while it proceeded to the western shoulder of the south-bound lane and did not re-enter the road. The vehicle made the turn without signalling.

When Nearhoof saw Duffy approaching he applied his brakes and swerved toward the eastern shoulder of the road. Duffy jammed on his brakes and swerved into the Nearhoof car.

The trial court denied appellants’ motion to strike the testimony of an expert witness who was both a metallurgist and mechanical engineer. His testimony was that Duffy was traveling at 50-55 miles per hour (on a road with a 45 miles per hour speed limit). Appellant has challenged the assumptions and procedures employed. There were conflicts in the testimony, but the expert employed assumptions which were favorable to appellant. Moreover, the expert’s testimony was cumulative, for there was ample evidence in the record indicating that Duffy was inatten*351tive or speeding, or both. For instance, Duffy was the only car, of the several cars on that road at that time, which did not slow down for the U-turning car.

It is axiomatic that the “sudden emergency” doctrine does not apply where the defendant driver by negligently operating his vehicle created that emergency.

Therefore, the judgment should be, and hereby is, affirmed.

CARROLL, J., dissents.
[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Proposed Rules]
[Pages 6927-6928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3722]


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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 97-47, RM-8992]


Radio Broadcasting Services; Westley, CA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document requests comments on a petition for rule making 
filed on behalf of Westley-Grayson Broadcasting Company seeking the 
allotment of FM Channel 238A to Westley, California, as that locality's 
first local aural transmission service. Petitioner is requested to 
provide additional information to establish Westley's status as a 
community for allotment purposes. Coordinates used for this proposal 
are 37-28-13 and 121-11-14.

DATES: Comments must be filed on or before March 31, 1997, and reply 
comments on or before April 15, 1997.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve the petitioner's counsel, as follows: Henry E. Crawford, 
Esq., Law Offices of Henry E. Crawford,Suite 900, 1150 Connecticut 
Avenue, NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) 
418-2180.


[[Page 6928]]


SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 97-47, adopted January 
31, 1997, and released February 7, 1997. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC's Reference Center (Room 239), 1919 M 
Street, NW., Washington, DC. The complete text of this decision may 
also be purchased from the Commission's copy contractors, International 
Transcription Services, Inc., (202) 857-3800, 2100 M Street, NW., Suite 
140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
See 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-3722 Filed 2-13-97; 8:45 am]
BILLING CODE 6712-01-F
Exhibit 10.8

                       Description of Executive Bonus Plan
                       With Respect to Executive Officers
                          Adopted on February 19, 1997

E. H. Verdery



    E. H. Verdery,  the President and Chief  Executive  Officer,  is entitled to
receive an  incentive  bonus in the amount of  $10,000.00  with  respect to each
calendar  quarter,  commencing  with the last  quarter of fiscal 1997 and ending
with the last  quarter  of fiscal  1998,  in which  the  Company  reports,  on a
consolidated basis, a net break-even or profit before taxes.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000026285
<NAME>                        Curtice-BurnsFoods, Inc.
<MULTIPLIER>                                   1000
       
<S>                                            <C>
<PERIOD-TYPE>                                  6-Mos
<FISCAL-YEAR-END>                              Jun-28-1997
<PERIOD-END>                                   Dec-28-1996
<CASH>                                          7,653
<SECURITIES>                                        0
<RECEIVABLES>                                  64,575
<ALLOWANCES>                                        0
<INVENTORY>                                   177,673
<CURRENT-ASSETS>                              267,132
<PP&E>                                        250,002
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                                653,621
<CURRENT-LIABILITIES>                         146,677
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                    144,423
<TOTAL-LIABILITY-AND-EQUITY>                  653,621
<SALES>                                       382,186
<TOTAL-REVENUES>                              382,186
<CGS>                                         280,939
<TOTAL-COSTS>                                 280,939
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             18,760
<INCOME-PRETAX>                                 6,049
<INCOME-TAX>                                    2,742
<INCOME-CONTINUING>                             3,307
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                       1,886
<NET-INCOME>                                    5,193
<EPS-PRIMARY>                                       0
<EPS-DILUTED>                                       0
        

</TABLE>
Exhibit 99.1

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 SMTEK International, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kirk A. Waldron, Senior Vice President and Chief Financial Officer of the
Company, certify, to the best of my knowledge, 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 and Exchange Act of 1934; and

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


/s/ Kirk A. Waldron
KIRK A. WALDRON
Senior Vice President,
Chief Financial Officer
SMTEK International, Inc.

February 7, 2003
Date


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 SMTEK International, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Edward J. Smith, Chief Executive Officer and President of the Company,
certify, to the best of my knowledge, 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 and Exchange Act of 1934; and

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


/s/ Edward J. Smith
EDWARD J. SMITH
Chief Executive Officer
President
SMTEK International, Inc.

February 7, 2003
Date

31
<PAGE>   1

                                                                      Exhibit 12


                               Dean Foods Company

                Computation of Ratio of Earnings to Fixed Charges
                                 (In thousands)



                                          39 Weeks Ended
                                        February 27, 2000
                                        -----------------

Income before taxes                        $131,184
                                           --------

Fixed charges:
     Interest expense                        37,134
     Portion of rentals (33%)                10,437
                                           --------

     Total fixed charges                     47,571
                                           --------

Earnings before taxes and  fixed charges   $178,755
                                           ========

Ratio of earnings to fixed charges              3.8
                                           ========




                                       14
[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Notices]
[Pages 6941-6942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3728]


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

DEPARTMENT OF AGRICULTURE
Forest Service


Calypso Timber Sale, Gifford Pinchot National Forest, Skamania 
County, Washington,

AGENCY: Forest Service, USDA.

ACTION: Cancellation of an environmental impact statement.

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

SUMMARY: On September 13, 1990, a Notice of Intent (NOI) to prepare an 
environmental impact statement (EIS) for the Calypso Timber Sale on the 
Wind River Ranger District of the Gifford Pinchot National Forest was 
published in the Federal Register (55 FR 37727). The NOI was revised on 
December 21, 1990 (55 FR 52286). A draft EIS was released for public 
comment July 1991. A Notice of Availability for the draft EIS was 
published in the Federal Register on July 26, 1991 (56 FR 34203). 
Forest Service has decided to cancel the environmental analysis 
process. There will be no final EIS for the Calypso Timber Sale. The 
NOI is hereby rescinded.

FOR FURTHER INFORMATION CONTACT:
Direct questions regarding this cancellation to Julie Knutson, 
Integrated Resource Planning Assistant, Wind River Ranger District, 
1262 Hemlock

[[Page 6942]]

Road, Carson, Washington 98610 or telephone 509-427-3200.

    Dated: February 7, 1997.
Ted C. Stubblefield,
Forest Supervisor.
[FR Doc. 97-3728 Filed 2-13-97; 8:45 am]
BILLING CODE 3410-11-M
#### STATE of Louisiana v. Percy WALLACE.

No. 61160.

Supreme Court of Louisiana.

Jan. 11, 1978.

In re: Percy Wallace, applying for remedial writs. Parish of Orleans.

Writ denied: Adequate remedy by review in the event of conviction.
[J-53-2018]

IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Appellee

v.

MARK NEWTON SPOTZ,

Appellant

:

:

:

:

:

:

:

:

:

:

:

No. 764 CAP

Appeal from the Order entered on 

January 4, 2018 in the Court of 

Common Pleas, York County, 

Criminal Division at. No. CP-67-CR0001673-1995

SUBMITTED: July 2, 2018

ORDER

PER CURIAM

AND NOW, this 21st day of September, 2018, the Order of the Common Pleas 

Court of York County dismissing Appellant’s PCRA petition as untimely filed is 

AFFIRMED for the same reasons set forth in Commonwealth v. Spotz, 171 A.3d 675 (Pa. 

2017).
[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)]
[Notices]
[Pages 6808-6809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3610]


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

DEPARTMENT OF LABOR
[TA-W-32,800]


TRW Automotive Products Remanufacturing A/K/A TRW Automotive 
Holding Company A/K/A TRW, Incorporated McAllen, Texas; Amended 
Certification Regarding Eligibility To Apply for Worker Adjustment 
Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Certification of Eligibility To 
Apply for Worker Adjustment Assistance on November 25, 1996, applicable 
to all workers of TRW Automotive Products Remanufacturing located in 
McAllen, Texas. The notice was published in the Federal Register on 
December 24, 1996 (61 FR 67858).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers were engaged 
in the production of remanufactured rack and pinion steering units. The 
company reports that some of the workers separated from employment had 
their wages reported under two separate unemployment insurance (UI) tax 
accounts, TRW Automotive Holding Company and TRW, Incorporated. 
Accordingly, the

[[Page 6809]]

Department is amending the certification to reflect this matter.
    The amended notice applicable to TA-W-32,800 is hereby issued as 
follows:

    All workers of TRW Automotive Products Remanufacturing, also 
known as TRW Automotive Holding Company, also known as TRW, 
Incorporated, McAllen, Texas, who became totally or partially 
separated from employment on or after September 16, 1995, are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974.

    Signed at Washington, D.C. this 5th day of February 1997.
Russell T. Kile,
Program Manager, Policy and Reemployment Services Office of Trade 
Adjustment Assistance.
[FR Doc. 97-3610 Filed 2-12-97; 8:45 am]
BILLING CODE 4510-30-M
[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Proposed Rules]
[Page 7189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3908]


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

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 206 and 208

RIN 1010-AC09


Establishing Oil Value for Royalty due on Federal Leases, and on 
Sale of Federal Royalty Oil

AGENCY: Minerals Management Service, Interior.

ACTION: Proposed rule; notice of extension of public comment period.

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

SUMMARY: The Minerals Management Service (MMS) hereby gives notice that 
it is extending the public comment period on a Notice of proposed rule, 
which was published in the Federal Register on January 24, 1997, (62 FR 
3742). The proposed rule would amend the regulations governing the 
valuation for royalty purposes of oil produced from Federal leases. In 
response to requests for additional time, MMS will extend the comment 
period from March 25, 1997, to April 28, 1997.

DATE: Comments must be submitted on or before April 28, 1997.

ADDRESSES: Written comments, suggestions, or objections regarding this 
proposed amendment should be sent to the following addresses.
    For comments sent via the U.S. Postal Service use: Minerals 
Management Service, Royalty Management Program, Rules and Publications 
Staff, P.O. Box 25165, MS 3101, Denver, Colorado 80225-0165.
    For comments via courier or overnight delivery service use: 
Minerals Management Service, Royalty Management Program, Rules and 
Publications Staff, MS 3101, Building 85, Denver Federal Center, Room 
A-212, Denver, Colorado 80225-0165.

FOR FURTHER INFORMATION CONTACT: David S. Guzy, Chief, Rules and 
Publications Staff, phone (303) 231-3432, FAX (303) 231-3194, e-Mail 
David__G<a href="/cdn-cgi/l/email-protection#5d2827241d2e30292d7330302e733a322b"><span class="__cf_email__" data-cfemail="d3a6a9aa93a0bea7a3fdbebea0fdb4bca5">[email protected]</span></a>.

    Dated: February 10, 1997.
Lucy R. Querques,
Associate Director for Royalty Management.
[FR Doc. 97-3908 Filed 2-14-97; 8:45 am]
BILLING CODE 4310-MR-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Notices]
[Page 67401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33536]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[WY-921-1430-01; WYW 126227]


Opening of Land in a Proposed Withdrawal; Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: This notice cancels a withdrawal application insofar as it 
affects 1410.00 acres of public land and opens the land to surface 
entry and mining. It has been and remains open to mineral leasing. The 
remaining portion of the withdrawal application will continue to be 
processed unless it is cancelled or denied.

EFFECTIVE DATE: December 24, 1998.

FOR FURTHER INFORMATION CONTACT:
Janet Booth, BLM Wyoming State Office (WY 921), P.O. Box 1828, 
Cheyenne, Wyoming 82003, 307-775-6124.

SUPPLEMENTARY INFORMATION: A Notice of Proposed Withdrawal published in 
the Federal Register, 59 FR 5441, on February 4, 1994, for the Bureau 
of Land Management (BLM) to protect important paleontological resources 
on Big Cedar Ridge near Tensleep, Wyoming. After completing an 
environmental assessment, the BLM determined that certain land is no 
longer needed for the withdrawal. The land is described as follows:

Sixth Principal Meridian, Wyoming

T. 45 N., R. 89 W.,
    Sec. 8, E\1/2\SE\1/4\;
    Sec. 9, W\1/2\SW\1/4\;
    Sec. 16, W\1/2\NW\1/4\, S\1/2\SW\1/4\SW\1/4\;
    Sec. 17, E\1/2\E\1/2\;
    Sec. 20, E\1/2\E\1/2\;
    Sec. 21, W\1/2\W\1/2\, NE\1/4\NW\1/4\, NE\1/4\SE\1/4\NW\1/4\;
    Sec. 28, W\1/2\E\1/2\NW\1/4\, NE\1/4\SE\1/4\NW\1/4\, W\1/2\NW\1/
4\, N\1/2\SW\1/4\, N\1/2\SW\1/4\SW\1/4\, SW\1/4\SW\1/4\SW\1/4\;
    Sec. 29, E\1/2\E\1/2\;
    Sec. 32, E\1/2\NE\1/4\;
    Sec. 33, NE\1/4\NE\1/4\NW\1/4\, NW\1/4\NW\1/4\NW\1/4\, S\1/
2\N\1/2\NW\1/4\, S\1/2\NW\1/4\.

    The area described contains 1,410 acres in Washakie County.

    At 9 a.m. on December 24, 1997 the land will be opened to location 
and entry under the general land laws, including the United States 
mining laws, subject to valid existing rights, the provision of 
existing withdrawals, and other segregations of record. Appropriation 
of any of the land described in this order under the general mining 
laws prior to the date and time of restoration is unauthorized. Any 
such attempted appropriation, including attempted adverse possession 
under 30 U.S.C. 38 (1988), shall vest no rights against the United 
States. Acts required to establish a location and to initiate a right 
of possession are governed by State law where not in conflict with 
Federal law. The Bureau of Land Management will not intervene in 
disputes between rival locators over possessory rights since Congress 
has provided for such determinations in local courts.
Alan R. Pierson,
State Director.
[FR Doc. 97-33536 Filed 12-23-97; 8:45 am]
BILLING CODE 4310-22-M