alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
03/10/201 1 1G:48 FAX 2024935142 FAA + DMS g|001/00 3 

'^miim OF :;-ANSPpRW!ON, 

Before the U.S. Department of Transportation \:T OFERAl IONS 

Federal Aviation Administration 

m HAR ! 0 P U- 50 

In the matter of 

M & R HELICOPTER 

Docket No. CFlOSOOOll 

FAA Case No. 2009SO950434 

Chicr Judge Ronnie A. Yodcr 

COMPLAINANT'S RESPONSE TO M«&R HELICOPTER'S 

MOTION TO DLSMTSS 

RECURRENT FAILING TO MEET FILING DEADLINES - 4 MORE 

Complainant files this response to Respondent M «fe R Helicopters' (Respondent) 

Motioji to Dismiss - Recurrent Failing lo Meet Filing Deadlines - 4 More. Respondent's 

motion is premised on the contention that Complainant filed late responses to 

Respondent's "four additional Motions for More Definite Statement." Respondent states 

that "the due date for responses was February 3, 2011." 

Complainant filed its timely response.s to These motions on February 3, 2011. 

This motion hits no merit. 

WHEREFORE, Complainant respectfully requests that the Chief Administrative 

Law Judge deny Respondent's Motion for Judgment to Dismiss - Failing to Meet Filing 

Deadlines - 4 More. 
03/10/201 1 1G;4 8 FAX 202493514 2 FAA •>• DMS 0002/00 3 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

ira Ponto 

Attorney 

Enforcement Division, AGC-30 0 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wa.shington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5106 

Date: February 16, 2011 
03/10/201 1 16:4 8 FAX 202493514 2 FAA * DMS 0003/003 

Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of Motion for Judgment lo Dismiss - Failing to Meet 

Filing Deadlines - 4 More. In (he Matter ofM A H Helicopters, Docket No. 

CPlOSOOOl 10, FAA Case no. 2009SO950434. addressed to: 

Dr. Michael B. Selig 

President 

M <fe R Helicopters, LLC 

2045 Wostgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, 1 hereby certify that on this dale I have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Rormie A. Yodcr 

Chief Administrative Law Judge 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, 1 hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

^N'M ^ S^r ^ 

Dated: February 16, 2011
#### Edward C. TIETIG, Appellant, v. The DEPARTMENT OF TRANSPORTATION of the State of Florida, et al., Appellees.

No. 72-702.

District Court of Appeal of Florida, Fourth District.

March 28, 1973.

Rehearing Denied April 27, 1973.

Ben J. Weaver, Jr., and Don G. Nicholson of Nicholson, Howard, Brawner & Lovett, Miami, for appellant.

David J. Kadyk and Ted R. Manry, III, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee-Watson and Co.

Karl V. Hart and Lawrence R. Metsch of Shutts & Bowen, Miami, for appellees-Zinke-Smith, Inc. and Reliance Ins. Co.

PER CURIAM.

A review of the recent cases discussing the criteria to be applied in determining the adequacy of the complaint compels us *98to the conclusion that the complaint m the case sub judice contains sufficient allegations to state a cause of action against the defendants. Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So.2d 563; Iorio v. Layman, Fla.App.1971, 256 So.2d 26; Bond v. Koscot Interplanetary, Inc., Fla.App. 1971, 246 So.2d 631.

Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.

CROSS, OWEN and MAGER, JJ., concur.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                              JAN-1-1997             JAN-01-1996
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                               0                  17,963
<SECURITIES>                                    27,929                  24,263
<RECEIVABLES>                                   60,216                  48,804
<ALLOWANCES>                                     1,989                    (580)
<INVENTORY>                                     58,003                  32,947
<CURRENT-ASSETS>                               229,565                 132,251
<PP&E>                                          46,215                  26,933
<DEPRECIATION>                                 (13,902)                 (6,348)
<TOTAL-ASSETS>                                 305,521                 155,452
<CURRENT-LIABILITIES>                           54,930                  41,440
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
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<OTHER-SE>                                     131,735                 112,913
<TOTAL-LIABILITY-AND-EQUITY>                   305,521                 155,452
<SALES>                                        220,702                 120,953
<TOTAL-REVENUES>                               220,702                 120,953
<CGS>                                          129,235                  74,058
<TOTAL-COSTS>                                  191,006                 112,029
<OTHER-EXPENSES>                                61,771                  37,971
<LOSS-PROVISION>                                  (399)                   (579)
<INTEREST-EXPENSE>                              (1,277)                    (71)
<INCOME-PRETAX>                                 29,943                   9,830
<INCOME-TAX>                                    11,052                     956
<INCOME-CONTINUING>                             18,891                   8,874
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
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<NET-INCOME>                                    18,891                   8,874
<EPS-PRIMARY>                                     0.45                    0.23
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</TABLE>
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                                    FORM 8-K


                                 CURRENT REPORT


                     Pursuant to Section 13 or 15(d) of the
                         Securities Exchange Act of 1934


         Date of Report                     April 15, 2003

         Date of earliest event reported    April 11, 2003


                                THE BEARD COMPANY
             (Exact name of registrant as specified in its charter)

          Oklahoma                        0-12396               73-0970298
(State or other jurisdiction of  (Commission File Number)    (I.R.S. Employer
incorporation or organization)                            Identification Number)


Enterprise Plaza
5600 N. May Avenue
Suite 320
Oklahoma City, Oklahoma                                             73112
(Address of principal executive offices)                          (Zip Code)

                                       N/A
          (Former name or former address, if changed since last report)


                                THE BEARD COMPANY

                                    FORM 8-K


Item 9. Regulation FD Disclosure.

     Complete  details  concerning  the matter which  Registrant  has elected to
disclose are set forth in the News Release attached as Exhibit 99 hereto,  which
is incorporated herein by reference. This Exhibit is filed under both Item 9 and
Item 12.

Item 7. Financial Statements and Exhibits.

(c)  The following  exhibits are filed with this Form 8-K and are  identified by
     the numbers indicated:

              Exhibit
                No.                 Description
                ---                 -----------

                99         Press Release dated April 11, 2003
<PAGE>

                                   SIGNATURES

     Pursuant to the  requirements  of the Securities  Exchange Act of 1934, the
registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned hereunto duly authorized.

                                      THE BEARD COMPANY

                                      HERB MEE, JR.
                                      Herb Mee, Jr., President

Date:  April 15, 2003

<PAGE>
                               INDEX TO EXHIBITS

Exhibit
  No.         Description                          Method of Filing
  ---         -----------                          ----------------

  99     Press Release dated April 11, 2003   Filed herewith electronically
# Exhibit 32

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report
on Form 10-Q of Florida Public Utilities Company (the Company) for the
period ended June 30, 2005 as filed with the Securities and Exchange Commission on the
date hereof (the Form 10-Q), we, John T. English, Chief Executive Officer
and George M. Bachman, Chief Financial Officer of the Company, certify, to the best of our
knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

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

| | /s/ John T. English                                                                                         | 
| | ----------------------------------------------------------------------------------------------------------- | 
| | John T. English
                                                     Chief Executive OfficerAugust 12, 2005 | 

| | /s/ George M. Bachman                                                                                          | 
| | -------------------------------------------------------------------------------------------------------------- | 
| | George M. Bachman
                                                      Chief Financial OfficerAugust 12, 2005 |
#### Ferpol Realty Corp., Landlord, *v.*Jerome Gerendassy, Tenant.

Municipal Court of the City of New York, Borough of The Bronx,

December 19, 1952.

*Herman 8. Rosen*for landlord.

*Arthur Weiss*for tenant.

Loreto, J.

This case has been presented upon a stipulation of facts.

The tenant rented two adjoining and connecting apartments under one lease, one stripped of kitchen facilities in order to permit it to be used for professional purposes. The term of the two-year lease expired and the tenant vacated the latter apartment. Meanwhile, the rent expediter fixed the rent for the former apartment at $80 per month, which is the sum the tenant has tendered as rent therefor.

The landlord has brought this proceeding to recover the rental of $200 per month for both apartments as stipulated in the expired lease, never having consented to the tenant’s vacating of one apartment.

The court finds that there was a single rental of two units for a stipulated undivided and unapportioned monthly rent. The lease having expired, the tenant if he chose, could vacate the entire premises leased with impunity. The emergency rent act, converting his continued occupancy into a statutory one, did not thereby confer upon him the right to withhold part and to *557relinquish the remainder of the leased premises freeing Mm of any obligation to pay rent for the latter portion thereof. Such action taken by the tenant was unilateral. There was no showing that the landlord consented thereto.

It has been held that where six buildings were rented and dealt with as a single integrated structure, the landlord seeking the premises for his own use under the emergency rent act may not evict the tenant from part because part eviction might well compel complete removal, the court holding: *“*In brief, then, the tenant may not be removed from less than the entire space which he rented.” *(Morse & Crossman*v. *Acker &*Co., 297 N. Y. 304, 312. See, also, *Kauffman & Sons Saddlery*Co. v. Miller, 72 N. Y. S. 2d 911.)

The converse of such a holding, i.e., that the tenant may not quit part of single rented premises and retain part freeing himself of rental for the former, is both rational and just. It was held in the *Morse*case *(supra)*that both the letter and the spirit of the act condemn the landlord’s action of partial eviction. It is likewise clear that the act confers no right to the tenant to partial vacating.

The circumstance that the rent expediter, after the commencement of the lease term, fixed the maximum rent for one of the two apartments rented at $80 per month, does not alter this conclusion. That ruling of the rent expediter is one that would become operative if that unit were separately rented or became so. It cannot be held to apply where, as here, the two apartments were jointly rented and such unified rental has not been altered or terminated with the landlord’s consent.

Accordingly, a final order and judgment is granted to the landlord for $200. Five days’ stay.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME INCLUDED IN THE
COMPANY'S ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-24-1999
<PERIOD-START>                             APR-26-1998
<PERIOD-END>                               APR-24-1999
<CASH>                                          76,102
<SECURITIES>                                         0
<RECEIVABLES>                                  316,094
<ALLOWANCES>                                  (11,720)
<INVENTORY>                                    206,857
<CURRENT-ASSETS>                               694,104
<PP&E>                                         334,153
<DEPRECIATION>                               (103,001)
<TOTAL-ASSETS>                               2,012,159
<CURRENT-LIABILITIES>                          335,241
<BONDS>                                      1,171,429
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            37
<OTHER-SE>                                     479,505
<TOTAL-LIABILITY-AND-EQUITY>                 2,012,159
<SALES>                                      2,664,589
<TOTAL-REVENUES>                             2,664,589
<CGS>                                        1,933,796
<TOTAL-COSTS>                                  834,315<F1>
<OTHER-EXPENSES>                                11,109
<LOSS-PROVISION>                                 6,982
<INTEREST-EXPENSE>                             106,291
<INCOME-PRETAX>                              (227,904)
<INCOME-TAX>                                    30,402
<INCOME-CONTINUING>                          (197,502)
<DISCONTINUED>                                 (1,294)
<EXTRAORDINARY>                                  (269)
<CHANGES>                                            0
<NET-INCOME>                                 (199,065)
<EPS-BASIC>                                     (5.49)
<EPS-DILUTED>                                   (5.49)
<FN>
<F1>INCLUDES $97,505 OF STRATEGIC RESTRUCTURING PLAN COSTS, $58,735 OF IMPAIRED
ASSET WRITE-OFFS AND $24,042 OF OPERATING RESTRUCTURING COSTS.
</FN>


</TABLE>
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Page 28670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13183]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: June 20, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
June 14, 2018, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Contract 447 to Competitive Product List. 
Documents are available at www.prc.gov, Docket Nos. MC2018-177, CP2018-
249.

Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2018-13183 Filed 6-19-18; 8:45 am]
 BILLING CODE 7710-12-P
#### Fanney BERNAL, a/k/a Fanny Bernal, Petitioner, v. Rafael RONCALLO, Jr., as Administrator of the Estate of Rafael Roncado a/k/a Rafael Roncado Vilar, Respondent.

No. 43249.

Supreme Court of Florida.

Feb. 28, 1973.

Certiorari denied. 269 So.2d 766.

CARLTON, C. J., and ROBERTS, Mc-CAIN and DEKLE, JJ., concur.

ERVIN, J., dissents.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-20735

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MAKEBA DEHRON THOMAS,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:03-CR-330-7

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Makeba Dehron Thomas has moved

for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967). Thomas has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

December 15, 2009

Charles R. Fulbruge III

Clerk
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1999 AND THE
UNAUDITED CONDENSED CONSOLIDATED STATEMENT OF INCOME FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         122,317
<SECURITIES>                                    22,206
<RECEIVABLES>                                1,005,616
<ALLOWANCES>                                    10,582
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,299
<PP&E>                                         341,387
<DEPRECIATION>                                 201,675
<TOTAL-ASSETS>                               1,952,419
<CURRENT-LIABILITIES>                        1,421,035
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       284,913
<OTHER-SE>                                      21,786
<TOTAL-LIABILITY-AND-EQUITY>                 1,952,419
<SALES>                                              0
<TOTAL-REVENUES>                             1,015,820
<CGS>                                                0
<TOTAL-COSTS>                                1,004,051
<OTHER-EXPENSES>                              (11,906)
<LOSS-PROVISION>                                 1,926
<INTEREST-EXPENSE>                              13,776
<INCOME-PRETAX>                                  7,973
<INCOME-TAX>                                    10,502
<INCOME-CONTINUING>                            (3,443)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,443)
<EPS-BASIC>                                     (0.07)
<EPS-DILUTED>                                   (0.07)



</TABLE>