alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Christine F. LYMAN, as surviving spouse of Henry Lyman, Deceased, Appellant, v. Charles L. FANTA and the Travelers Insurance Company, Appellees. Christine F. LYMAN and the Connecticut Bank and Trust Company, Executors of the Estate of Henry Lyman, Deceased, Appellants, v. Charles L. FANTA and the Travelers Insurance Company, Appellees.

Nos. 73-516, 73-517.

District Court of Appeal of Florida, Third District.

Feb. 12, 1974.

Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, Hugh J. Morgan, Key West, for appellants.

Adams, George Wood, Schulte & Thompson; Jeanne Heyward, Miami, Nathan Eden, Key West, for appellees.

Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.

PER CURIAM.

By these consolidated appeals, we are called upon to review the correctness of a trial court’s order granting a motion for new trial on liability and damages, in an automobile negligence action.

Examining this ruling in light of the applicable authorities as to the discretion of a trial judge in entering such an order [Cloud v. Fallis, Fla.1959, 110 So.2d 669; Spearman Distributing Company v. Boyette, Fla.App.1968, 205 So.2d 690; Leggett v. Seaboard Coast Line Railroad Company, Fla.App.1969, 221 So.2d 16], as to the burden of the appellant to upset such an order *granting*a new trial contrasted with an order *denying*a new trial [Cloud v. Fallis, supra; Cross v. Atlantic Coast Line Railroad Company, Fla.App.1966, 190 So.2d 21; Wheeler v. Nelson, Fla.App.1969, 229 So.2d 11], we fail to find that the appellant has made error appear in the rendition of the order. Cloud v. Fallis, supra; Pittman v. Smith, Fla.App.1971, 252 So.2d 279; Bullard v. Canale, Fla.App.1972, 260 So.2d 237.

Because this matter must be retried, we make the following observations: Although the trial judge was correct in granting a new trial because of comments made about certain pictures depicting the scene of the accident and reference to certain tire marks shown thereon, we believe that upon a retrial these pictures could be admitted into evidence if a proper predicate is made for same and appropriate cau*528tionary instructions are given in connection therewith. Further, although the trial judge in the order granting new trial indicated, as one of his grounds, that he had erroneously charged on the statute relative to sounding a horn warning and by the giving of standard jury instruction No. 4.-11, 31 F.S.A., we believe that the charge in reference to the statute was appropriate under the circumstances to be considered by the jury in arriving at its determination of whether or not the driver of the automobile used reasonable care under the circumstances.

Therefore, for the reasons above stated, the order here under review be and the same is hereby affirmed.

Affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-7772

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus CHARLES ONWUAZOMBE, a/k/a Ebele Onwuazor, Defendant - Appellant. Appeal from the United States District Court for the District ofMaryland, at Baltimore. J. Frederick Motz, District Judge. (CR91-305-JFM; CA-05-2856-1-JFM) Submitted: March 30, 2006 D ecided: April 7, 2006 Before TRAXLER, GREGORY, and SHEDD, Circuit Judges. Affirmed in part; dismissed in part by unpublished per curiam opinion. Charles Onwuazombe, Appellant Pro Se. Robert Reeves Harding, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Charles Onwuazombe, a federal prisoner, seeks to appeal the district court’s order denying relief on his motion construed as filed under 18 U.S.C. § 3582(c) (2000) and 28 U.S.C. § 2255 (2000). We affirm the portion of the district court’s order denying 18 U.S.C. § 3582(c) relief for the reasons stated by the district court. See United States v. Onwuazombe , Nos. CR-91-305- JFM; CA-05-2856-1-JFM (D. Md. filed Oct. 18 & entered Oct. 19, 2005). To the extent that Onwuazombe sought to file a 28 U.S.C. § 2255 (2000) motion, an appeal may not be taken from the final order in a post-conviction proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial s howing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Onwuazombe has not made the requisite showing. Ac cordingly, we deny a certificate of appealability and dismiss the appeal of the- 3 - denial of 28 U.S.C. § 2255 relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED IN PART; DISMISSED IN PART
Exhibit 31.4

CERTIFICATION

I, Dana C. Russell, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of Novell, Inc;
|-- | -----------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 22, 2011



|                                                 
|-------------------------------------------------
|/s/ Dana C. Russell                              
|Dana C. Russell                                  
|Senior Vice President and Chief Financial Officer
INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0485

Focus Ready Draft 8/11/2011

ENGINEER: Arnold \ JD

PV (kg/yr): 

SUBMITTER: 

USE:

OTHER USES:

MSDS: Label

CRSS :

EPA SANITIZED Page 1 of 5
Consumer Use: No

SAT (concerns) (08/05/2011):

Migration to groundwater: Negligible

PBT rating: P3B1T1 PMN: P1B1T1 // Hyd Pdt: P3B1T1

Health: 2 Dermal, Inhalation

Eco: 1 No releases to Water

OCCUPATIONAL EXPOSURE RATING: 2-3B

NOTES & KEY ASSUMPTIONS:

Generated by the 06/07/2005 version of ChemSTEER. 

POLLUTION PREVENTION CONSIDERATIONS:

None.

EXPOSURE-BASED REVIEW: No

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0485

Processing: 

Number of Sites/ Location: 1

Days/yr: 12

Basis:

Process Description: 

EPA SANITIZED Page 2 of 5
submission and CRSS)

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY

RELEASE TOTAL

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY

Tot. # of workers exposed via assessed routes: 

Basis: 

Inhalation:

Dermal:

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0485

Use: 

Basis:

Process Description: 

EPA SANITIZED Page 3 of 5
ENVIRONMENTAL RELEASES ESTIMATE SUMMARY

EPA SANITIZED Page 4 of 5
OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY

Tot. # of workers exposed via assessed routes: 

Basis:

Inhalation:

 

 

 

Dermal:

EPA SANITIZED Page 5 of 5
#### Jane Rosalind ANKNEY, Appellant, v. Bill C. ANKNEY, Jr., Appellee.

No. 71-729.

District Court of Appeal of Florida, Fourth District.

Feb. 24, 1972.

Lionel H. Silberman, Orlando, for appellant.

Egerton K. van den Berg, of van den Berg, Gay, Burke & Dyer, Orlando, for ap-pellee.

PER CURIAM.

On the basis of the briefs, record, and oral argument, we conclude that no error has been demonstrated and the final judgment is, therefore, affirmed.

Affirmed.

REED, C. J., MAGER, J., and CARLTON, CHARLES T., Associate Judge, concur.
**EXHIBIT 31(i)(a)****Certifications required by Rule 13a-14(a) and 15d-14(a)**I, Dr. Lionel L. Reilly, President and Chief Executive Officer, certify that:     1. I have reviewed this amendment to the quarterly report on Form 10-Q/A of ProfessionalVeterinary Products, Ltd.;     2. Based on my knowledge, this quarterly report, as amended, does not contain any untruestatement of a material fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisquarterly report;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registration, and we have:     (a) designed such disclosure controls and procedures or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;     (b) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this quarterly report based onsuch evaluation; and     (c) disclosed in this quarterly report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s first fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent functions):     (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and     (b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: July 28, 2005.     /s/ Dr. Lionel L. Reilly   Dr. Lionel L. Reilly, President and Chief   Executive Officer
<PAGE>   1
                                   EXHIBIT 11

                               THE WMA CORPORATION

                        COMPUTATION OF EARNINGS PER SHARE


<TABLE>
<CAPTION>
                                                   Three Months Ended                Nine Months Ended
                                                      September 30,                    September 30,
                                                 2000              1999             2000            1999
                                             -----------       -----------       ----------      ----------
<S>                                          <C>               <C>               <C>             <C>
Net income                                   $ 1,656,914       $ 1,483,362       $3,745,824      $3,372,339
Less:  Preferred stock dividends                 (71,980)               --          (72,734)             --
                                             -----------       -----------       ----------      ----------

Basic:
Net income available to common
shareholders                                 $ 1,584,934       $ 1,483,362       $3,673,090      $3,372,339
                                             ===========       ===========       ==========      ==========

Weighted-average common shares
outstanding                                    2,495,010         2,495,010        2,495,010       2,495,010

Basic earnings per share                     $      0.63       $      0.59       $     1.47      $     1.35
                                             ===========       ===========       ==========      ==========

Diluted:
Net income                                   $ 1,656,914       $ 1,483,362       $3,745,824      $3,372,339
                                             ===========       ===========       ==========      ==========

Weighted-average common shares
outstanding                                    2,495,010         2,495,010        2,495,010       2,495,010

Weighted-average common share
equivalents associated with convertible
preferred stock                                  264,947                --           89,920              --
                                             -----------       -----------       ----------      ----------

Total weighted-average common shares
outstanding                                    2,759,957         2,495,010        2,584,930       2,495,010
                                             ===========       ===========       ==========      ==========

Diluted earnings per share                   $      0.60       $      0.59       $     1.45      $     1.35
                                             ===========       ===========       ==========      ==========
</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, 2007 (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 14, 2007                    /s/ GLENN J. HOLLER
                                        ----------------------------------------
                                        Name:  Glenn J. Holler
                                        Title: Senior Vice President, Chief
                                        Financial Officer (Principal Financial
                                        and Accounting Officer) and Secretary
#### STATE of Louisiana v. R. L. DAVIS.

No. 60824.

Supreme Court of Louisiana.

Feb. 10, 1978.

*1362Patrick J. Costa, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Con-nick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-2001
<PERIOD-START>                             AUG-01-2000
<PERIOD-END>                               OCT-31-2000
<CASH>                                          28,680
<SECURITIES>                                         0
<RECEIVABLES>                               29,559,949
<ALLOWANCES>                                         0
<INVENTORY>                                 23,194,286
<CURRENT-ASSETS>                            52,782,915
<PP&E>                                       8,666,759
<DEPRECIATION>                               1,018,299
<TOTAL-ASSETS>                              62,303,824
<CURRENT-LIABILITIES>                       50,367,591
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,395
<OTHER-SE>                                   5,977,138
<TOTAL-LIABILITY-AND-EQUITY>                62,303,824
<SALES>                                     49,322,837
<TOTAL-REVENUES>                            50,094,569
<CGS>                                       46,254,048
<TOTAL-COSTS>                               49,340,283
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             311,936
<INCOME-PRETAX>                                550,010
<INCOME-TAX>                                   202,300
<INCOME-CONTINUING>                            347,710
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   347,710
<EPS-BASIC>                                    249,255
<EPS-DILUTED>                                  249,255


</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS
 
     We consent to the incorporation by reference in this Annual Report (Form
10-K) of Novell, Inc. of our report dated November 24, 1997, included in the
1997 Annual Report to Shareholders of Novell, Inc.
 
     Our audits also included the financial statement schedule of Novell, Inc.,
listed in Item 14(a). This schedule is the responsibility of the Company's
management. Our responsibility is to express an opinion based on our audits. In
our opinion, the financial statement schedule referred to above, when considered
in relation to the basic financial statements taken as a whole, presents fairly
in all material respects the information set forth therein.
 
     We also consent to the incorporation by reference in the Registration
Statements (Form S-8 No. 33-14531, No. 33-29798, No. 33-36673, No. 33-54483, No.
33-64998, No. 33-65440, No. 33-66704, No. 33-67276, No. 33-68336, No. 333-04775,
No. 333-04823, and No. 333-38435) pertaining to the Employee Stock Option and
Stock Purchase Plans of Novell, Inc. of our report dated November 24, 1997, with
respect to the consolidated financial statements incorporated herein by
reference, and our report included in the preceding paragraph with respect to
the financial statement schedule included in this Annual Report (Form 10-K) of
Novell, Inc.
 
                                          /s/  ERNST & YOUNG LLP
 
San Jose, California
January 27, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT DECEMBER 31, 1997, AND THE STATEMENTS OF OPERATIONS FOR THE TWELVE
MONTHS ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       3,078,800
<SECURITIES>                                         0
<RECEIVABLES>                                   66,800
<ALLOWANCES>                                    12,500
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      10,607,400
<DEPRECIATION>                               7,567,400
<TOTAL-ASSETS>                               6,649,400
<CURRENT-LIABILITIES>                          694,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,649,400
<SALES>                                              0
<TOTAL-REVENUES>                             3,836,000
<CGS>                                                0
<TOTAL-COSTS>                                2,800,400
<OTHER-EXPENSES>                             (129,000)
<LOSS-PROVISION>                                54,200
<INTEREST-EXPENSE>                              22,300
<INCOME-PRETAX>                              1,142,300
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,142,300
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,142,300
<EPS-PRIMARY>                                    37.85
<EPS-DILUTED>                                        0


</TABLE>
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of First Investors Financial Services, Inc., (the “Company”)on Form 10-Q for the period ending July 31, 2005 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Bennie H. Duck,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

(1)   The Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Act of 1934; and

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

 
| Date: Sept 14, 2005 |                    |
|---------------------|-------------------------|
|                | By: /s/ Bennie H. Duck  |   |
|                | Bennie H. Duck          |
|                | Chief Financial Officer |

 

----