alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### FASHION MART BUILDING, INC., a Florida corporation, Appellant, v. HERMAN A. THOMAS, INC., a Florida corporation, Appellee.

No. 69-440.

District Court of Appeal of Florida, Third District.

April 28, 1970.

Rehearing Denied May 22, 1970.

Cushman & Cushman, Carr & Warren, Miami, for appellant.

Joseph J. Gersten, Miami, for appellee.

Before PEARSON, C. J., and BARK-DULL and SWANN, JJ.

PER CURIAM.

Fashion Mart Building, Inc., defendant below, appeals from an adverse final judgment, as amended, which was rendered after a non-jury trial.

Defendant’s first point for reversal states:

> “Where there is a dispute as to an amount due and the debtor delivers a check to the creditor upon the explicit condition that the check is in full payment of the obligation, does the retention of such check by the creditor constitute an accord and satisfaction.”

Here, the amount due the plaintiff, the intention of the plaintiff and the reasonableness of the time plaintiff retained the check from the defendant were disputed matters which were determined by the trier of facts.

“Whether there is an accord and satisfaction ordinarily involves a pure question *732of intention, which is, as a rule, a question of fact.” 1 Fla.Jur. Accord and Satisfaction, § 3, p. 71. See also Patten v. Lynett, 133 App.Div. 746, 118 N.Y.S. 185 (1909); and American National Bank v. Bradford, 28 Tenn.App. 239, 188 S.W.2d 971 (1945). We find no error on this point.

Defendant’s remaining points for reversal relate to the sufficiency of the evidence to support certain findings made by the trial judge. A review of the conflicting testimony and evidence reflects sufficient, competent and substantial evidence in the record on appeal to sustain such findings. The final judgment is, therefore,

Affirmed.
EXHIBIT 10.1
                             SUBSCRIPTION AGREEMENT

This SUBSCRIPTION AGREEMENT when signed by ____________________________________
located at __________________________________________ hereafter referred to as
the "PARTICIPANT" and RAVEN MOON INTERNATIONAL, INC. a public reporting Florida
corporation located at 120 International Parkway, Suite 220, Heathrow, Florida
32746 hereafter referred to as RMOO shall constitute a binding agreement.

THEREFORE FOR VALUABLE CONSIDERATION the parties agree as follows:

The PARTICIPANT desires to make a corporate loan in the form of cash to RMOO in
the amount of $_______, so that RMOO can use the funds at its sole discretion as
stated in the Use of Proceeds for television pilot production, legal, SEC audit
accounting and filings, Broker syndication, travel and entertainment, marketing,
consultants, accounts payable, and general operating administration costs or any
other expenses deemed necessary by RMOO.

THEREFORE BOTH PARTIES HAVE AGREED THAT by the transfer of funds to RMOO and the
execution of this SUBSCRIPTION AGREEMENT, RMOO shall give the PARTICIPANT
__________ Shares of Preferred RMOO stock and irrevocably pay the PARTICIPANT a
FULL REPAYMENT of $_______ from the first funds received from RMOO's planned
Public Offering plus ____ Tradable Common Shares of Stock. The REPAYMENT shall
be paid on a pro rata basis with other PARTICIPANTS until a total of $800,000 is
paid back.

It is understood that the transfer of the corporate advance to RMOO by the
PARTICIPANT and the execution of this agreement acknowledges that the
PARTICIPANT is an accredited investor who can bare the risk of losing part or
all of his/her corporate advance made to RMOO. Furthermore the PARTICIPANT
acknowledges that he/she has sought the advise of either his/her legal or
financial advisor and is making this corporate advance of his/her own free will
and that this is a high risk venture and undertaking with no guarantee
whatsoever of success.

The PARTICIPANT shall have three (3) days from the date of this agreement to
rescind the agreement and ask for his/her funds to be returned. However, it is
understood and agreed to that if the funds remain with RMOO beyond the three (3)
day period, RMOO shall have the right to use such funds at it sole discretion as
state above.

Both parties acknowledge that this is a complete agreement that cannot be
amended or change without written approval by both parties.

Both parties agree that any dispute that may arise between them shall be settled
in arbitration in Seminole County, Florida according to the laws of Florida.

THIS AGREEMENT IS ACCEPTED AND AGREED TO ON THIS _____ DAY OF
__________________, 2000


_______________________________
Raven Moon International, Inc.


_______________________________
Participant
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 Metromedia International Group, Inc. (the "Company") on Form 10-Q for the period ending June 30,
2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned hereby certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section
906 of the Sarbanes-Oxley Act of 2002, that:



Dated
this 23rd day of August, 2002.

| |  | METROMEDIA INTERNATIONAL GROUP, INC.                                            
| |  | --------------------------------------------------------------------------------
| |  | /s/CARL C. BRAZELL, JR.                                                         
| |  | Carl C. Brazell, Jr.
President and
Chief Executive Officer                      
| |  | /s/HAROLD F. PYLE, III                                                          
| |  | Harold F. Pyle, III
Senior Vice President,
Chief Financial Officer
and Treasurer

---

QuickLinks
Last First Company Address City ST Zip Phone Fax 

Brookman Douglas Public Solutions 5 Ingleside Avenue Baltimore MD 21228 (410) 719-0580 (410) 719-0581 PublicS

Burk Diana Navigant Consulting, Inc. 1801 K St., N.W., Suite 500 Washington DC 20006 202-481-7362 (202)-973-2401 Diana.B

Cook Keith Philips Lighting 1300 I Street, NW, Suite W703 Washington DC 12180 (202) 962-8560 keith.co

Fernstrom Gary Pacific Gas and Electric Mail Cod N6G, P.O. Box 770000 San FranciscoCA 94177-0001 (415) 973-6054 (415) 973-1234 gbf1@p

Goudarzi Less OnLocation, Inc. 501 Church Street, Suite 300 Vienna VA 22180 (703) 938-5151 (703) 938-6143 Lgouda

Graves Linda Department of Energy 1000 Independence Avenue, SW, Mailstop EE-2Washington DC 20585-0121 (202) 586-1851 (202) 586-4617 Linda.G

Gupta Mahima Navigant Consulting, Inc. 1801 K St., N.W., Suite 500 Washington DC 20006 202-481-7508 202-973-2401 Mahima

Hansen Dain National Electrical Manfacturers Association 1300 North 17th Street Suite 1752 Arlington VA 22209 703.841.3221 Dain.H

Lewis Ronald Department of Energy 1000 Independence Avenue, SW, Mailstop EE-2J Washington DC 20585-0121 (202) 586-8423 (202) 586-4617 Ronald

Scholand Mike Navigant Consulting, Inc. 1801 K St., N.W., Suite 500 Washington DC 20006 (202) 973-2482 (202) 973-2401 MScho

Stas Eric Department of Energy 1000 Independence Ave., SW Washington DC 20585 (202) 586-5827 (202) 586-4116 Eric.Sta

Wood Frances OnLocation, Inc. 501 Church Street, Suite 300 Vienna VA 22180 (703) 938-5151 (703) 938-6143 fwood

@

EERE-2007-BT-TP-0013 - General Service Fluorescent Lamps, Incandescent Reflector Lamps and General Service Incandescent Lamps Attendee List

EERE-2007-BT-TP-0013 COMMENT 08
Calculation of Ratios of Earnings to Fixed Charges
  General Signal Corporation
  (Dollars in millions)                                    Exhibit(12.0)
                 
                       Nine Months
                           Ended
                      September 30,            Year Ended December 31,
                            1996    1995    1994    1993     1992     1991
Earnings:                                                                 
Earnings from continuing                                                  
  operations before                                                       
income                                                                    
  taxes and               $157.4  $156.4  $160.3  $139.1     $9.5    $97.4
extraordinary               24.9    34.7    20.2    22.6     35.3     39.3
  items
Add:  fixed charges
                          $182.3  $191.1  $180.5  $161.7    $44.8   $136.7
Fixed charges:                                                            
Interest expense (gross)   $19.7    27.7   $14.4   $18.0    $28.6    $31.8
One-third of rent            5.2     7.0     5.8     4.6      6.7      7.5
expense
                           $24.9   $34.7   $20.2   $22.6    $35.3    $39.3
Ratio                       7.32    5.51    8.94    7.15     1.27     3.48
**Exhibit
      32.2**








CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Kevin
      T. Dunphy, Treasurer and Chief Financial Officer of Aduromed Industries, Inc.,
      (the “Company”), hereby certify that, to the best of my knowledge and
      belief:





1.
      The
      Quarterly Report on Form 10-Q, of the Company for the three month period ended
      June 30, 2008, as filed with the Securities and Exchange Commission (the
      "Quarterly Report"), fully complies with the requirements of Section 13 (a)
      or
      15 (d) of the Securities and Exchange Act of 1934, as amended; and





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





Date:
      August 14, 2008





/s/
      Kevin
      T. Dunphy





Kevin
      T.
      Dunphy


Treasurer
      and Chief Financial Officer
**EXHIBIT 21.1**

 

**PC MALL, INC.**

 

**SUBSIDIARIES OF THE REGISTRANT**

**As of December 31, 2008**

 

Following are thesubsidiaries of PC Mall, Inc., other than those which if considered in theaggregate as a single subsidiary would not constitute a significant subsidiary,and the state or other jurisdiction in which each subsidiary was incorporatedor organized.

 
| **SUBSIDIARIES**           | ** ** | **JURISDICTION OF INCORPORATION** |
|----------------------------|------------|---------------------------------------------|
| ** **                 | ** ** | ** **                                  |
| AF Services, LLC           |       | Delaware                                    |
| Onsale, Inc. (1)      |       | Delaware                                    |
| OSRP, LLC                  |       | Delaware                                    |
| PC Mall Canada, Inc.  |       | Quebec                                      |
| PC Mall Gov, Inc. (2) |       | Delaware                                    |
| PC Mall Sales, Inc.   |       | California                                  |
| Sarcom, Inc. (3)      |       | Delaware                                    |

 

----

(1) Onsale, Inc. also conducts its business under the dba MacMall and ClubMac.

 

(2) On September 7, 2006, PC Mall Gov, Inc., through GMR Systems, Inc.,a wholly-owned subsidiary, acquired the products business from Government MicroResources, Inc. As a result, PC Mall Gov also conducts its business underthe dba GMRI.

 

(3) Acquired by PC Mall, Inc. on September 17, 2007. Effective August 1,2008, Wareforce Corp. was merged with Sarcom, Inc., with Sarcom, Inc.as the surviving entity. Wareforce Corp. was previously WF Acquisition Sub, Inc.Effective December 1, 2005, CCIT, Inc. merged with WF Acquisition Sub, Inc.and the name of the combined entity was changed to Wareforce Corp. Currently,in addition to using the name SARCOM, SARCOM also continues to conduct itsbusiness under the dbas Warforce Corp, Abreon and CCIT.

 

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

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEET AS OF MARCH 31, 1997 AND CONSOLIDATED
CONDENSED STATEMENT OF INCOME FOR THE THREE MONTHS ENDED MARCH 31, 1997
INCLUDED IN THE COMPANY'S FORM 10-Q, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.  THIS DATA HAS BEEN RESTATED AS A
RESULT OF REGISTRANT'S POOLING-OF-INTEREST TRANSACTION WHICH WAS CONSUMMATED IN
THE FOURTH QUARTER OF 1997.
</LEGEND>
<MULTIPLIER> 1,000
        
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          62,279
<SECURITIES>                                         0
<RECEIVABLES>                                  825,669
<ALLOWANCES>                                     8,952
<INVENTORY>                                          0
<CURRENT-ASSETS>                               979,220
<PP&E>                                         271,311
<DEPRECIATION>                                 156,811
<TOTAL-ASSETS>                               1,648,184
<CURRENT-LIABILITIES>                        1,163,548
<BONDS>                                         36,981
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       202,464
<OTHER-SE>                                     120,709
<TOTAL-LIABILITY-AND-EQUITY>                 1,648,184
<SALES>                                        266,235
<TOTAL-REVENUES>                               266,235
<CGS>                                                0
<TOTAL-COSTS>                                  262,973
<OTHER-EXPENSES>                               (2,625)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,506
<INCOME-PRETAX>                                  1,381
<INCOME-TAX>                                     2,746
<INCOME-CONTINUING>                              (980)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (980)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                        0
        

</TABLE>
#### Marie M. WEST, et vir., Plaintiffs-Appellants, v. STATE of Louisiana, Through State SUPERINTENDENT OF PUBLIC EDUCATION AND STATE BOARD OF EDUCATION, Defendant-Appellee.

No. 11741.

Court of Appeal of Louisiana, First Circuit.

Sept. 23, 1977.

Michael R. Connelly, Baton Rouge, of counsel for plaintiffs-appellants Marie M. West.

Carmack M. Blackmon, Asst. Atty. Gen., Baton Rouge, of counsel for defendant-ap-pellee State of Louisiana through State Superintendent of Public Ed. and State Bd. of Ed.

Before LANDRY, SARTAIN and ELLIS, JJ.

SARTAIN, Judge.

This matter is before us on a rule to show cause why appellants’ appeal should not be dismissed for failure to timely file an appeal bond. It is undisputed that the bond was not filed within sixty days of the expiration of the new trial delays. C.C.P. Art. 2087, as amended by Act 201 of 1976. Failure of appellant to timely post the required appeal bond is a jurisdictional defect mandating dismissal of the appeal. *Something Irish Co. v. Rack,*333 So.2d 773 (La.App. 1st Cir. 1976). However, appellants contend that the amendment cannot constitutionally be applied in this case. If this contention is correct, the appeal is good because the bond was filed within the ninety days provided under the old law. We find no merit in appellants’ argument and therefore dismiss his appeal.

The trial judge had this case under advisement as of October 1, 1976, when the amendment became effective. He rendered judgment January 25,1977, and signed it on January 28. “The general rule from which there seems to be no dissent is that, where a *1016statute deals with procedure only, it applies to all actions, to those which have accrued or are pending as well as to future actions.” *Shreveport Long Leaf Lumber Co. v. Wilson,*195 La. 814, 197 So. 566, 570 (1940); *Pelloat v. Greater New Orleans Expressway Commission,*175 So.2d 656 (La.App. 1st Cir.), writ not considered, 248 La. 122, 176 So.2d 452 (1965).

Appellants do not dispute this general rule. They argue instead that they did not receive “due notice” of the procedural change. Appellants’ attorney states that he relied on the September, 1976 Cumulative Pamphlet to West’s Louisiana Statutes Annotated, which did not contain the amendment. Such reliance was misplaced. It is not and has never been the law that one must receive notice of a law before it can affect him. “After the promulgation, no one can allege ignorance of the law.” C.C. Art. 7; see also, Const. Art. 3, § 19. Since appellants have not alleged that Act 201 of 1976 was not promulgated or published in the official journal of the state, their ignorance of the amendment, for whatever reason, is irrelevant. As an aside, we would like to point out that on the front cover of the Cumulative Pamphlet it states: “For 1976 Laws, *see*West’s Louisiana Session Law Service.” Reference to the latter publication would have disclosed the new provision.

For the reasons assigned, the appeal is dismissed at appellants’ costs.

APPEAL DISMISSED.
H. Res. 196

In the House of Representatives, U. S.,

June 15, 1993.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule

XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 2333) to authorize appropriations for the Department of State, the United States Information Agency,

and related agencies, to authorize appropriations for foreign

assistance programs, and for other purposes. The first reading of the bill shall be dispensed with. All points of order

against consideration of the bill are waived. General debate

shall be confined to the bill and shall not exceed one hour

equally divided and controlled by the chairman and ranking

minority member of the Committee on Foreign Affairs. After

general debate the Committee of the Whole shall rise without

motion. No further consideration of the bill shall be in order

except pursuant to a subsequent order of the House.

SEC. 2. At any time after the adoption of this resolution

the Speaker may, pursuant to clause 1(b) of rule XXIII, de-
2

HRES 196 EH

clare the House resolved into the Committee of the Whole

House on the state of the Union for consideration of the bill

(H.R. 2404) to authorize appropriations for foreign assistance programs, and for other purposes. The first reading of

the bill shall be dispensed with. All points of order against

consideration of the bill are waived. General debate shall be

confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority

member of the Committee on Foreign Affairs. After general

debate the Committee of the Whole shall rise without motion.

No further consideration of the bill shall be in order except

pursuant to a subsequent order of the House.

Attest:

Clerk.
#### Edward F. DOWNING and Jack McGuire, Petitioners, v. CAREER SERVICE COMMISSION of the State of Florida, etc., et al., Respondents.

No. 51282.

Supreme Court of Florida.

Oct. 20, 1977.

Rehearing Denied Jan. 9, 1978.

Denis Dean, Law Offices of Eugene P. Spellman, Miami, for petitioners.

Robert L. Shevin, Atty. Gen, Betty J. Steffens, Asst. Atty. Gen, Edwin E. Strickland, Gen. Counsel, and Enoch J. Whitney, Asst. Gen. Counsel, Tallahassee, for respondents.

PER CURIAM.

This case is before the Court under its conflict certiorari jurisdiction as provided by Article V, Section 3(b)(3), Florida Constitution, and Fla.App. Rule 4.5 c (6).

After hearing argument, we are of the opinion that the writ of certiorari heretofore granted in this cause, Fla.App, 344 So.2d 348 should now be discharged. Accordingly, the writ of certiorari is discharged.

ENGLAND, SUNDBERG, HATCHETT and KARL, JJ, concur.

ADKINS, Acting C. J, dissents.
Exhibit 10.88

EXTENSION AGREEMENT

Bank
of America, N.A.,
    as Administrative Agent
Attn: Suzanne Paul
231 South LaSalle Street
Chicago, Illinois 60604

Ladies
and Gentlemen:

The
undersigned hereby agrees to extend, effective April 3, 2002, its Commitment and the Maturity Date under the Credit Agreement dated as of April 3, 2001 among
SOURCECORP, Incorporated, f/k/a F.Y.I. Incorporated, each of the Lenders party thereto, Bank of America, N.A., as Administrative Agent, and Banc of America Securities LLC, as sole lead arranger and
sole book agent (as the same may be amended or otherwise modified from time to time, the "Credit Agreement") for 364 days to April 2, 2005
pursuant toSection 2.1(d)of the Credit Agreement. Terms defined in the Credit Agreement are used herein as therein defined.

This
Extension Agreement shall be construed in accordance with and governed by the law of the State of Texas. The Extension Agreement may be signed in any number of counterparts, each of
which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.

| |  | BNP Paribas
| |  | -----------
| |  | Name:      
| |  |            
| |  |            
| |  | Name:      
| |  |            
| |  |            

|Agreed and Accepted:                               
|---------------------------------------------------
|SOURCECORP, INCORPORATED, f/k/a
F.Y.I. INCORPORATED
|By:                                                
|Name:                                              
|Title:                                             
|BANK OF AMERICA, N.A., as Administrative Agent     
|By:                                                
|Name:                                              
|Title:                                             

---

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