alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Arthur E. LEONARD, Jr., Petitioner, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, and State Retirement Commission, Respondent.

No. FF-69.

District Court of Appeal of Florida, First District.

Dec. 22, 1977.

Edward S. Jaffry, of Horne, Rhodes, Jaf-fry, Stephens, Bryant, Horne & Chapman, Tallahassee, for petitioner.

*1274Stephen S. Mathues, Tallahassee, for respondent.

PER CURIAM.

The Commission’s order terminating Leonard’s disability benefits apparently relied upon Fla.Admin.Code Rule 22B-4.10G. However, given the statutory definition of “employer” in Section 121.021(10), Florida Statutes (Supp.1976), we do not find the rule applicable to one who is an employer in the private sector. The Retirement Commission must instead construe Section 121.-091(4)(b), defining total and permanent disability as it applies to petitioner. See also *Amico v. Division of Retirement, Department of Administration et al.,*352 So.2d 556 (Fla. 1st DCA 1977).

Finding there has been an erroneous interpretation of law, we remand for further action under a correct interpretation of law. Section 120.68(9)(b).

MILLS, Acting C. J., and SMITH and ERVIN, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

JASON MILISITS,

Petitioner

v.

BOARD OF PROBATION AND PAROLE,

Respondent :

:

:

:

:

:

:

:

:

:

: No. 162 MM 2016

ORDER

PER CURIAM

AND NOW , this 19th day of January , 201 7

, the Application for Leave to Fi le

Original Proces s is GRANTED , and the Petition f or Writ of Mandamus and/or

Ext r aor dinary Relief is DENIED

.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               OCT-03-1999
<CASH>                                      22,108,957
<SECURITIES>                                         0
<RECEIVABLES>                                1,427,031
<ALLOWANCES>                                   368,884
<INVENTORY>                                  1,214,482
<CURRENT-ASSETS>                            28,846,996
<PP&E>                                     229,428,722
<DEPRECIATION>                              76,381,975
<TOTAL-ASSETS>                             206,709,754
<CURRENT-LIABILITIES>                      242,288,959
<BONDS>                                      1,046,094
<PREFERRED-MANDATORY>                       28,494,484
<PREFERRED>                                          0
<COMMON>                                        55,080
<OTHER-SE>                                (65,174,863)
<TOTAL-LIABILITY-AND-EQUITY>               206,709,754
<SALES>                                     19,909,331
<TOTAL-REVENUES>                           132,640,237
<CGS>                                        9,025,139
<TOTAL-COSTS>                              145,067,336
<OTHER-EXPENSES>                                96,930
<LOSS-PROVISION>                               369,987
<INTEREST-EXPENSE>                          21,720,156
<INCOME-PRETAX>                           (10,046,027)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (10,046,027)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (10,046,027)
<EPS-BASIC>                                     (3.50)
<EPS-DILUTED>                                        0


</TABLE>
#### Raymond M. PETERSON et al. v. OLINDE HARDWARE & SUPPLY CO., INC.

No. 62064.

Supreme Court of Louisiana.

May 5, 1978.

In re: Olinde Hardware & Supply Co., Inc. applying for certiorari or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 356 So.2d 92.

Denied.
<PAGE>

                                                                    EXHIBIT 11

                      PEPSIAMERICAS, INC. AND SUBSIDIARIES

                 STATEMENT OF COMPUTATION OF PER SHARE EARNINGS
                       FOR THE THREE MONTHS ENDED MARCH 31
                                   (UNAUDITED)
             (U. S. DOLLARS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)

<TABLE>
<CAPTION>

                                                                          2000             1999
                                                                          ----             ----
<S>                                                                    <C>              <C>
           Net income (loss)                                           $   (5,461)      $     444
           Effects of dilutive securities
                Stock options                                               *                 *
                                                                       ----------       ---------
           Net income (loss) - assuming dilution
                                                                       $   (5,461)      $     444
                                                                       ===========      =========

           Average common shares outstanding                               87,314          86,760
           Effects of dilutive securities
                Stock options                                               *                  92
                                                                       ----------       ---------
           Average common shares outstanding -
                assuming dilution                                          87,314          86,852
                                                                       ==========       =========

           Net income (loss) per common share                          $    (0.06)      $     0.01
                                                                       ===========      ==========

           Net income (loss) per common share -                        $    (0.06)      $     0.01
                assuming dilution                                      ===========      ==========

</TABLE>

Note: If an item appears with a *, the security was antidilutive for the period
presented.
AUBURN NATIONAL BANCORPORATION, INC AND SUBSIDIARIES

EXHIBIT 32.1

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 Annual Report of Auburn National Bancorporation, Inc. (the Company) on Form 10-K/A for the period ending December 31, 2008,
as filed with the Securities and Exchange Commission as of the date hereof (the Report), I, E.L. Spencer, Jr., President, Chief Executive Officer and Chairman of the Board of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 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 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                  
|----------------------------------
|Date: August 19, 2009             
|                                  
|/s/ E.L. Spencer, Jr.             
|E.L. Spencer, Jr.                 
|President, Chief Executive Officer
|and Chairman of the Board
#### Gail E. DEAKIN, Appellant, v. James H. DEAKIN, Appellee.

No. 73-388.

District Court of Appeal of Florida, Fourth District.

July 13, 1973.

PER CURIAM.

Affirmed.
# C_2022432EN.01002201.xml

| 14.11.2022 | EN | Official Journal of the European Union | C 432/22 |
| --- | --- | --- | --- |

14.11.2022

EN

Official Journal of the European Union

C 432/22

---

Judgment of the General Court of 14 September 2022 — QN v Commission

(Case T-179/21) (1)

(Civil service - Officials - Appraisal report - 2019 appraisal procedure - Obligation to state reasons - Manifest error of assessment - Duty to have regard for the welfare of officials - Liability)

(2022/C 432/25)

Language of the case: English

Parties

Applicant: QN (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Commission (represented by: M. Brauhoff and L. Hohenecker, acting as Agents)

Re:

By his action pursuant to Article 270 TFEU, the applicant, QN, seeks, first, annulment of his 2019 appraisal report and, in so far as necessary, annulment of the decision of 22 December 2020 of the European Commission rejecting his complaint and, second, compensation for the non-material damage he allegedly suffered on account of that report.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders QN to pay the costs. |
| --- | --- |

2.

Orders QN to pay the costs.

---

(1)  OJ C 206, 31.5.2021.

---
#### Leonard B. DANTZLER, Appellant, v. STATE of Florida, Appellee.

No. N-212.

District Court of Appeal of Florida, First District.

Dec. 8, 1970.

Louis O. Frost, Jr., Public Defender, and Gerald Sohn, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant’s conviction of the crime of second degree murder and 35-year sentence therefor, pursuant to a guilty verdict by a jury, is affirmed, there being no demonstration of error in the record before us.

Affirmed.

CARROLL, DONALD K., Acting C. J., WIGGINTON and SPECTOR, JJ-, concur.
#### David Fishman, Appellant, v Christopher Beach, Defendant, and Gino M. Masciotra, Respondent.

[654 NYS2d 854]

Peters, J.

Appeal from that part of a judgment of the Supreme Court (Kramer, J.), entered March 11,1996 in Albany County, upon a verdict rendered in favor of defendant Gino M. Masciotra.

The facts underlying this negligence action stem from an early morning incident which occurred on May 18, 1991 on Madison Avenue in the City of Albany. After plaintiff was pushed into the street by defendant Christopher Beach, he was struck by a car driven by defendant Gino M. Masciotra (hereinafter defendant). After trial, the jury found that defendant was not negligent. Plaintiff now appeals, contending that Supreme Court erred when it charged the jury on the issue of intervening causation *(see,*PJI 2d 2:72, at 173 [1996 Supp]).

*706Mindful that "[u]nless plaintiff’s conduct or [his] contact with a third person was so extraordinary and unforeseeable as to constitute an intervening cause, an intervening cause charge to the jury cannot be supported” *(Root v Feldman,*185 AD2d 409, 410), we conclude, upon our review of the record, that there was sufficient evidence to support the charge. Testimony revealed that prior to being pushed, plaintiff was standing close to the curb, bent between two parked cars, while talking to his friend who was involved in the altercation. A witness testified that when defendant’s car was approximately 200 yards away, the two youths were leaning against the car, holding each other, while the witness attempted to cool them down. It was not until defendant’s car was approximately 20 feet away that Beach, whom he observed earlier just standing around watching, pushed plaintiff into the line of the moving vehicle. Plaintiff, weighing approximately 200 pounds, testified that he suddenly felt "a violent push from the back” and, according to witnesses, became airborne, flying approximately *3lz*feet, until he was hit by defendant’s car. The investigating officer testified that defendant’s actions were not listed as a factor contributing to the accident "[b]ecause after investigation] * * * we did not feel that he contributed to the accident at all”. Defendant acknowledged that when he saw this group, he reduced his speed and began to gradually change lanes. Upon this evidence, we find that the charge was appropriately proffered to the jury *(cf., Root v Feldman, supra,*at 410; *Martinez v Gouverneur Gardens Hous. Corp.,*184 AD2d 264, 266, *lv denied*80 NY2d 759).

Since plaintiff’s remaining issue was raised for the first time in his reply brief, it is not properly before this Court for review *(see, McCue v McCue,*225 AD2d 975, 977; *O’Sullivan v O’Sullivan,*206 AD2d 960, 960-961).

Supreme Court’s judgment is hereby affirmed in its entirety.

Crew III, J. P., Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, with costs.
p. 1 

# OAR Box 1147 Prepped byOllie Stewart



## Document

Number: 

# 237 ) IV-E-11 2 Docket Number: 

# A-87-1 1

Printed 4/22/20082:42:59PM

Sheet 23 7 of 242P. 2 

## 01-25-9 4 05:23P MFRO MEP ARDS D ANNARBO RT O AI RDOCKE T P003/00 9 

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OFFIC E O F A« R AN O RADIATIO N 

### JA N 1 3 199

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MEMORANDUM . SUBJECT : Meetin g wit hAAM Aregardin g ORV R FROM : Glen nW , Passavant , Chie f y^LmrrmCrr- 10>lHr-lAX^rA

Specia l Regulator yProject s Branc h TO : Publi c Docke t A-87-1 1
o n Januar y5 , 199 4 EP Ame t briefl ywit hfou r representative s o f th e America n Automobil e Manufacturer s Associatio n (AAMA ) t o discus s thei r concern s regardin g th e pendin g onboar d refuelin g vapo r recover y(ORVR ) rule . AAM Awa s represente d b ySa mLeonar d (GM ) , Kell yBrow n (Ford ) , Gordo n Allardyc e (Chrysler ) an d Richar d Klimisc h (JVAMA ) . EP AyrAs. represente d b yDic k Wilson , Che t France , an d Glen n Passavant . AAM Apresente d thei r view s regardin g th e inclusio n o f light-dut ytruck s i n th e rule , an d discussion s wer e hel d regardin g concern s abou t incomplet e vehicle s an d a n appropriat e definitio n o f incomplet e vehicle .
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DIEDRICH
COFFEE, INC. UNAUDITED FINANCIAL STATEMENTS FOR THE TWENTY-SIX WEEKS ENDED AND
AS OF JULY 31, 1996 CONTAINED IN COMPANY'S SECOND QUARTER 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000947661
<NAME> DIEDRICH COFFEE, INC.
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             FEB-01-1996
<PERIOD-END>                               JUL-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                          57,058
<SECURITIES>                                         0
<RECEIVABLES>                                  151,153
<ALLOWANCES>                                         0
<INVENTORY>                                    952,636
<CURRENT-ASSETS>                             1,477,204
<PP&E>                                       9,607,429
<DEPRECIATION>                               1,285,634
<TOTAL-ASSETS>                              11,146,825
<CURRENT-LIABILITIES>                        7,319,084
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  3,025,813
<COMMON>                                       330,698
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                11,146,825
<SALES>                                      8,942,091
<TOTAL-REVENUES>                             8,942,091
<CGS>                                        3,908,882
<TOTAL-COSTS>                                3,908,882
<OTHER-EXPENSES>                             4,742,019
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             108,732
<INCOME-PRETAX>                                184,464
<INCOME-TAX>                                    71,649
<INCOME-CONTINUING>                            112,815
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   112,815
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT 32.2**

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

**REQUIRED BY RULE 13a-14(b) OF THE**

**SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

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

Pursuant to Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of International Wire Group, Inc. (the “Company”), hereby certifies, to such officer’s knowledge, that:

(i) the Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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

|                    |   |                                                                                                             |
|-------------------------|--------|------------------------------------------------------------------------------------------------------------------|
| Dated: November 7, 2008 |   | /s/ GLENN J. HOLLER                                                                                              |
|                    |   | Name: Glenn J. Holler                                                                                            |
|                    |   | Title: Senior Vice President, Chief Financial Officer (Principal Financial and Accounting Officer) and Secretary |
```

[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Page 51561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20573]

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

 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Procurement List; Addition

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Addition to the Procurement List.

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

SUMMARY: This action adds a service to the Procurement List that will 
be provided by a nonprofit agency employing persons who are blind or 
have other severe disabilities.

DATES: Effective Date: September 29, 2014.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia, 
22202-4149.

FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 
603-7740, Fax: (703) 603-0655, or email CMTEFedReg@AbilityOne.gov.

SUPPLEMENTARY INFORMATION:

Addition

    On 5/16/2014 (79 FR 28490-28491), the Committee for Purchase From 
People Who Are Blind or Severely Disabled published notice of proposed 
addition to the Procurement List.
    After consideration of the material presented to it concerning 
capability of a qualified nonprofit agency to provide the service and 
impact of the addition on the current or most recent contractors the 
Committee has determined that the service listed below is suitable for 
procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 
CFR 51-2.4.

Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant 
impact on a substantial number of small entities. The major factors 
considered for this certification were:
    1. The action will not result in any additional reporting, 
recordkeeping or other compliance requirements for small entities other 
than the small organization that will provide the service to the 
Government.
    2. The action will result in authorizing small entity to provide 
the service to the Government.
    3. There are no known regulatory alternatives which would 
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 
8501-8506) in connection with the service proposed for addition to the 
Procurement List.

End of Certification

    Accordingly, the following service is added to the Procurement 
List:
Service

Service Type/Locations: Laundry and Linen Service, VA Tennessee 
Valley Healthcare System, Nashville Campus, 1310 24th Avenue South, 
Nashville, TN.
VA Tennessee Valley Healthcare System, Murfreesboro Campus, 3400 
Lebanon Pike, Murfreesboro, TN.
NPA: Wiregrass Rehabilitation Center, Inc., Dothan, AL
Contracting Activity: Department of Veterans Affairs, 249-Network 
Contract Office 9, Murfreesboro, TN

Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2014-20573 Filed 8-28-14; 8:45 am]
BILLING CODE 6353-01-P
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF EQK REALTY INVESTORS I FOR THE PERIOD ENDED DECEMBER 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           3,966
<SECURITIES>                                         0
<RECEIVABLES>                                    1,536
<ALLOWANCES>                                         5
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  45,527
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       135,875
<OTHER-SE>                                   (143,686)
<TOTAL-LIABILITY-AND-EQUITY>                    45,527
<SALES>                                              0
<TOTAL-REVENUES>                                 6,150
<CGS>                                                0
<TOTAL-COSTS>                                    1,063
<OTHER-EXPENSES>                                   502
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,564
<INCOME-PRETAX>                                (2,979)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,979)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,979)
<EPS-BASIC>                                      (.31)
<EPS-DILUTED>                                    (.31)


</TABLE>