alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The HOME INSURANCE COMPANY, Appellant, v. SOUTHPORT TERMINALS, INC., Appellee.

Nos. 69-724, 69-646, 69-642, 70-471, 70-470.

District Court of Appeal of Florida, Second District.

Oct. 14, 1970.

Rehearing denied Nov. 24, 1970.

Gary M. Witters, of Allen, Dell, Frank & Trinkle, Tampa, for appellant.

William F. McGowan, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee.

MANN, Judge.

Since 1956 stevedores have been liable to indemnify shipowners sued by the stevedore’s employees injured on the job. Ryan Stevedoring Co., Inc. v. Pan-Atlantic Steamship Corp., 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133. Thus *Ryan*gives the injured employee a way around the limitations of the Longshoremen and Harbor Workers Compensation Act, which may be bad law, but we are not the Supreme Court. The risk is one which might well prompt a prudent stevedoring firm to purchase a comprehensive general liability policy, which Southport did.

The policy does not protect Southport against “liability *assumed*by the insured under any contract or agreement except” certain common but irrelevant hold-harmless agreements. What this means is' debatable. It is at least arguable that it means that the insurance company is not liable to an insured which gratuitously undertakes to act as surety or which undertakes contractual obligations not arising as a matter of law in the conduct of its business. The cases holding that the exclusion does not apply are numerous and soundly reasoned. United States Fidelity & Guaranty Co. v. Virginia Engineering Co., 4 Cir. 1954, 213 F.2d 109 (in a non-maritime context); Indemnity Insurance Co. of North America v. California Stevedore and Ballast Co., 9 Cir. 1962, 307 F.2d 513; Zidell v. Travelers Indemnity Co., D.C.1967, 264 F.Supp. 496; Annotation, 63 A.L.R.2d 1122.

As Judge Maxwell said in Owens v. Reederi Richard Schroder, Case No. 165945, Circuit Court for Hillsborough County, “Southport Terminals’ liability to the shipowners in this case is not founded upon either a written or oral hold harmless agreement but arises by virtue of South-*526port’s alleged breach of its warranty of workmanlike performance of its stevedor-ing services.”

If an insurer does not intend to protect an insured stevedore against one of the major risks of its business it should say so in plain language at the time the policy is issued, not after a claim has arisen. Ambiguity is resolved against the insurer.. This is simply, as then Judge Blackmun put it, “an accepted principle of insurance law and a fact of insurance life.” Great Central Insurance Co. v. Marble, 8 Cir. 1966, 369 F.2d 615, 617.

Affirmed.

LILES, Acting C. J., and McNULTY, J., concur.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1512 Engrossed in Senate (ES)]

113th CONGRESS
  1st Session
                                S. 1512

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 1335 Jefferson Road in Rochester, New York, as the ``Specialist 
                 Theodore Matthew Glende Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SPECIALIST THEODORE MATTHEW GLENDE POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 1335 Jefferson Road in Rochester, New York, shall be known 
and designated as the ``Specialist Theodore Matthew Glende Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Specialist 
Theodore Matthew Glende Post Office''.

            Passed the Senate November 12, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                                S. 1512

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 1335 Jefferson Road in Rochester, New York, as the ``Specialist 
                 Theodore Matthew Glende Post Office''.
```
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6935** 

MARCUS ALBINUS JOSEPH, a/k/a Marcus A. Joseph, a/k/a Marcus Albines Joseph , Plaintiff

- Appellant ,

v. HENRY M. TURBEVILLE; ANNELLE G. POWELL, Magistrate Judge in Clarendon County; GARY MARTIN; WADE S. KOLB; JOSEPH COKER; SCDC DIRECTOR STIRLING; WARDEN BERNARD MCKIE, of Kirkland Correctional Institution , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Charleston

. Richard Mark Gergel , District Judge. ( 2:15

- cv - 00412

- RMG )

Submitted : October 15, 2015 Decided: October 20, 2015

Before WILKINSON, AGEE, and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion

.
Marcus Albinus Joseph, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Marcus Albinus Joseph appeals the district court ’ s order accepting the recommendation of the magistrate judge and dismissing without prejudice as frivolous his 42 U.S.C. § 1983
(20 12 ) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Joseph v. Turbeville , No. 2:15

- cv - 00412

- RMG (D.S.C. May 19, 2015 ) . We dispense with oral argument because the facts and legal contentions are adequately presented
in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
Exhibit 99.10

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

Barrick Gold Corporation (the "Company") is filing with the U.S. Securities and Exchange Commission on the date hereof, its annual report on
Form 40-F for the fiscal year ended December 31, 2007 (the "Report").

I,
Jamie C. Sokalsky, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906 of the
U.S. Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



Date:
March 27, 2008

| | /s/JAMIE C. SOKALSKYName: Jamie C. Sokalsky
Title: Executive Vice President and Chief Financial Officer
| | -------------------------------------------------------------------------------------------------------

---



QuickLinks
#### Sheldon B. BOGEN and Gloria Bogen, his wife, Appellants, v. Louis FLORIO and Angela Florio, his wife, Appellees.

Nos. 77-1745 and 77-2090.

District Court of Appeal of Florida, Third District.

March 14, 1978.

Rehearing Denied April 17, 1978.

Sheldon B. Bogen, in pro. per.

George Clark Smith, Miami, for appellees.

Before HAVERFIELD, C. J., and HUB-BART and KEHOE, JJ.

KEHOE, Judge.

We have carefully reviewed each of the points raised by appellants in their briefs in *1278these consolidated appeals (no oral argument was requested). This review was made in the light of the applicable law as to each contention. The results of this review have led us to the conclusion that no reversible error has been demonstrated. Therefore, because appellants have failed to clearly show any such error, the actions of the trial court appealed are affirmed. See, e. g., *Egidi Industrial Park Corp.*v. *Wide Open Spaces, Inc.,*335 So.2d 870 (Fla. 3d DCA 1976); *Castellanos v. Hialeah-Miami Springs First State Bank,*330 So.2d 100 (Fla. 3d DCA 1976); *Strata v. Strate,*328 So.2d 29 (Fla. 3d DCA 1976); and *Fernandez v. Arocha,*308 So.2d 45 (Fla. 3d DCA 1975). See generally 2 Fla. Jur. Appeals §§ 314 and 316 (Cum.Supp. 1978).

Affirmed.
U.S. flag
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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

In connection with the Quarterly Report of Cutter & Buck Inc. ("the Company") on Form 10-Q for the first quarter of fiscal year
2005, as filed with the Securities and Exchange Commission on September 9, 2004 ("the Report"), I, Ernest R. Johnson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



| |  | /s/ERNEST R. JOHNSONErnest R. Johnson Chief Financial Officer
(Principal Financial and Accounting Officer)
| |  | ----------------------------------------------------------------------------------------------------------

24

---



QuickLinks
#### Robert J. BANKS v. STATE.

No. 36022.

Supreme Court of Florida.

March 1967.

Rehearing Denied April 14, 1967.

Certiorari denied without opinion. 193 So.2d 6.
No. 00-1133.

#### Gardner *v.*United States et al.

C. A. D. C. Cir. Certiorari denied.
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LOCATION
#### STATE of Florida, Appellant, v. William M. LYDEN, Appellee.

No. 72-198.

District Court of Appeal of Florida, Second District.

April 4, 1972.

Appeal dismissed.
#### In the Interest of A. M. M., a Child. Juvenile Court Case No. 31-907-B.

No. 71-101.

District Court of Appeal of Florida, Fourth District.

March 10, 1971.

Appeal from Juvenile Court, Palm Beach County; Louis Kapner, Judge.

Appeal dismissed.
### Supreme Court ofthe United States Office ofthe Clerk 

### Washington, DC 20543-0001
November 2, 2015
Clerk 

### Court ofAppeals ofTexas, Twelfth District 1517 W. Front Street Suite 354 Tyler, TX 75702 Scott S. Harris Clerk of the Court (202)479-3011


### Pg9$P IN COURT OF APPEALS

12th Court ofAppeals District Re: Chester Staples v. Texas No. 15-5847 (Your No. 12-13-00126-CR) PAM ESTES, CL

Dear Clerk: 

### The Court today entered the following order in the above-entitled case: The petition for a writ ofcertiorari is denied. Sincerely, 

## ^^\> Scott S. Harris, Clerk
#### Catherine E. Matheisl STERN, Appellant, v. Robert Charles MATHEISL, Appellee.

No. 71-786.

District Court of Appeal of Florida, Fourth District.

April 24, 1972.

Robert H. Burns, Miami Beach, and Harvey I. Silverman, N. Miami Beach, for appellant.

Thomas M. Coker, Jr., of Coker *&*Car-Ion, Fort Lauderdale, for appellee.

OWEN, Judge.

Appellant obtained a California decree of divorce from appellee in 1967, in which decree appellant was awarded custody of the parties minor child, Aaron. Appellant and the child moved to Florida where they have resided continuously since that time. In 1971 appellee successfully applied to the California court for an order awarding him custody of the minor child. On the basis of that order, appellee applied to the Circuit Court of Broward County for writ of habeas corpus to obtain custody of the child. After hearing on the petition, the writ was granted and the appellant ordered to surrender custody to appellee. This is the order appealed.

Appellant tells us that the trial court heard six hours of testimony, but then entered its order granting custody to appellee, not on the merits of the best interests of the child, but solely on the basis of the California order. Of course, the best interest of the child is always the vital issue in cases of this type. Crane v. Hayes, Fla.1971, 253 So.2d 435. While it is true that the order appealed did not contain an expressed finding to the effect that the award of custody to appellee would be in the best interest of the child, neither does the order clearly indicate that the trial court did not base its decision upon a consideration of the best interests of the child. The record on appeal does not contain any of the proceedings had before the court at the hearing on the petition, nor has there been a stipulated statement of the facts filed. In the absence of a sufficient record we must presume that the trial court *344applied the correct principle of law on the basis of competent evidence introduced at the. hearing. See Johnson v. Town of Eatonville, Fla.App.1967, 203 So.2d 664; Sydney Paper Company v. Gans, Fla.App. 1966, 193 So.2d 41.

The order appealed is affirmed.

REED, C. J., and WALDEN, J., concur.
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32663-32664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14981]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-149-000]


Notice of Institution of Section 206 Proceeding and Refund 
Effective Date: PSEG Energy Resources & Trade, LLC

    On July 9, 2018, the Commission issued an order in Docket No. EL18-
149-000, pursuant to section 206 of the Federal Power Act (FPA), 16 
U.S.C. 824e (2012), instituting an investigation into whether PSEG 
Energy Resources & Trade, LLC's rates for Reactive Service may be 
unjust and unreasonable. PSEG Energy Resources & Trade, LLC, 164 FERC 
61,018 (2018).
    The refund effective date in Docket No. EL18-149-000, established 
pursuant to section 206(b) of the FPA, will be the date of publication 
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL18-149-
000 must file a notice of intervention or motion to intervene, as 
appropriate, with the Federal Energy Regulatory

[[Page 32664]]

Commission, 888 First Street NE, Washington, DC 20426, in accordance 
with Rule 214 of the Commission's Rules of Practice and Procedure, 18 
CFR 385.214, within 21 days of the date of issuance of the order.

    Dated: July 9, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-14981 Filed 7-12-18; 8:45 am]
 BILLING CODE 6717-01-P
No. 00-6982.

#### Jackson *v.*United States.

C. A. 11th Cir. Certiorari denied.
```

[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Pages 34164-34165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15407]

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

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

[NARA-2018-044]

Senior Executive Service (SES) Performance Review Board; Members

AGENCY: National Archives and Records Administration.

ACTION: Notice; SES Performance Review Board appointments.

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

SUMMARY: The National Archives and Records Administration (NARA) is 
appointing members of NARA's Performance Review Board (PRB). The 
members of the PRB are: Debra Steidel Wall, Deputy Archivist of the 
United States; William J. Bosanko, Chief Operating Officer; and Micah 
M. Cheatham, Chief of Management and Administration. These appointments 
supersede all previous appointments.

DATES: These appointments are effective on July 19, 2018.

ADDRESSES: Valorie Findlater, Office of Human Capital, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, 
MD 20740.

FOR FURTHER INFORMATION CONTACT: Valorie Findlater at 301-837-3754.

SUPPLEMENTARY INFORMATION: The authority for this notice is 5 U.S.C. 
4314(c), which also requires each agency to establish, in accordance 
with regulations prescribed by the Office of Personnel Management, one 
or more SES Performance Review Boards. The Board shall review the 
initial appraisal

[[Page 34165]]

of a senior executive's performance by the supervisor and recommend 
final action to the appointing authority regarding matters related to 
senior executive performance.

David S. Ferriero,
Archivist of the United States.
[FR Doc. 2018-15407 Filed 7-18-18; 8:45 am]
 BILLING CODE 7515-01-P
```
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<ARTICLE> 5

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<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JAN-01-2000
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<SECURITIES>                                    51,547
<RECEIVABLES>                                   86,522
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<TOTAL-LIABILITY-AND-EQUITY>                   191,235
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<CGS>                                          149,315
<TOTAL-COSTS>                                  472,616
<OTHER-EXPENSES>                                     0
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