alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jorge DOMINGUEZ, Petitioner, v. AERODEX, INC., et al., Respondents.

No. 36357.

Supreme Court of Florida.

Oct. 11, 1967.

Rehearing Denied Nov. 7, 1967.

Kneale, Roberts, Kneale & Starkweather, Miami, for petitioner.

Summers Warden, Miami, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.

PER CURIAM.

By petition for writ of certiorari we have for review an order of the Florida Industrial Commission bearing date April 7, 1967.

Our consideration of the oral arguments, the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition is, therefore, denied.

Since the case will now be heard de novo, a ruling on the petition for attorney’s fees is accordingly deferred pending final disposition.

See our opinion in Allison Developments Inc., et al. v. Rudasill et al., 202 So.2d 752.

CALDWELL, C. J., and THOMAS, ROBERTS and THORNAL, JJ., concur.

ERVIN, J., dissents with opinion.

ERVIN, Justice

(dissenting):

It appears the Deputy Commissioner signed a compensation order in this case after a full evidentiary hearing before him but did not release the signed order prior to the time his deputy’s commission expired. The order was released by the successor deputy, owing to the fact his said predecessor made an affidavit reciting the foregoing facts relating to the order. The full Commission reversed the order with directions that a de novo hearing be held by the successor deputy because said order was not released prior to the time the first deputy’s commission expired. It also said “some of the conclusions in the * * * order * * * do not appear to be supported by competent substantial evidence.” However, as the latter reason was not supported by any specifics I conclude it lacks basis as an additional ground for reversal.

It seems to me that under the related circumstances the first Deputy’s order should stand, no showing of fraud • or illegality appearing. The act of the second deputy in releasing the signed order was ministerial only. Compare Bradford *165v. Foundation & Marine Construction Co. (Fla.App.2d), 182 So.2d 447.

Even if the order signed by the first deputy is deemed a nullity, a de novo evi-dentiary hearing could be avoided by the Commission designating the first deputy a deputy pro hac vice to render a final determination on the evidence already taken before him. See F.S. Section 440.45(4), F.S.A.

The claimant has already been delayed more than two years in having his claim decided — through no fault of his own — and should not now be put to the further delay of a de novo hearing. I do not believe this delay is in keeping with the interpretation of the Workmen’s Compensation statute that contested claims should be expeditiously heard.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from Income
Statement Balance Sheet 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-30-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-30-1995
<CASH>                                           2,929
<SECURITIES>                                         0
<RECEIVABLES>                                   23,332
<ALLOWANCES>                                     1,011
<INVENTORY>                                     21,582
<CURRENT-ASSETS>                                50,529
<PP&E>                                          85,795
<DEPRECIATION>                                  36,179
<TOTAL-ASSETS>                                 102,606
<CURRENT-LIABILITIES>                           26,511
<BONDS>                                         15,031
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           886
<OTHER-SE>                                      58,227
<TOTAL-LIABILITY-AND-EQUITY>                   102,606
<SALES>                                        220,014
<TOTAL-REVENUES>                               220,014
<CGS>                                          154,294
<TOTAL-COSTS>                                  154,294
<OTHER-EXPENSES>                                42,341
<LOSS-PROVISION>                                   713
<INTEREST-EXPENSE>                               1,922
<INCOME-PRETAX>                                 20,744
<INCOME-TAX>                                     8,194
<INCOME-CONTINUING>                             12,550
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,550
<EPS-PRIMARY>                                     1.42
<EPS-DILUTED>                                     1.36
        


</TABLE>
<PAGE>   1

                                                                   EXHIBIT 10.37


June 12, 2000

Lisa Steere
Gloria Jean's Gourmet Coffee
Castroville, CA

Dear Lisa:

         We are pleased to offer you the position of Executive Vice President of
Marketing for Gloria Jean's Gourmet Coffee. This position is being counted on to
significantly increase sales for the entire Gloria Jean's Division and put us
back on track with the delivery of profitability and shareholder value. You
should take this as a sign of personal respect and the confidence we have in you
to deliver results. We view this as a growth position and a unique opportunity
to help create something really special.

Our offer is as follows:

o    BASE SALARY - $2,884.62 per week (paid on a bi-weekly basis) which equates
     to $150,000 annually at the completion of one full year in position. Wages
     are reviewed annually as anniversary dates are reached.

o    INCENTIVE/BONUS PLAN - You will be eligible to participate in our executive
     vice president's incentive plan, up to 25% of your annual base salary,
     which is paid based upon achievement of fiscal year budgeted income targets
     for the company and the successful completion of mutually agreed on
     individual objectives.

o    STOCK OPTIONS - You will participate in the executive vice president stock
     option plan and receive shares commensurate with that position as the Board
     allocates shares for the new fiscal year (2000/2001).

o    WELLNESS - You will participate in the company's executive wellness plan.
     Which means you will be reimbursed 100% of the initiation fee and monthly
     dues to an approved Health Club membership.

o    EMPLOYMENT AT WILL - You may resign at any time and the Company may
     terminate at any time, with or without cause or notice.

o    TERMINATION NOT FOR CAUSE - Should your employment be terminated for
     reasons other than cause (cause meaning willful misconduct, repeated
     failure to perform duties, fraud or dishonesty, felonious, or criminal
     acts), you will be entitled to a one-time payment equal to six month's
     salary.

o    POSITION REPORTS directly to the President of Gloria Jean's

o    EFFECTIVE DATE - May 27, 2000.

<PAGE>   2

We have been impressed with your accomplishments and look forward to you raising
the bar as we grow sales and profits at Gloria Jean's. Please confirm your
acceptance of this offer by signing and returning an executed copy to Matt
Kimble.

Very truly yours,


/s/ ROBERT RODRIGUEZ
------------------------------------
Robert Rodriguez
President, Gloria Jean's

I accept the position of Executive Vice President of Marketing for Gloria Jean's
Gourmet Coffee on the above terms and conditions.



/s/ LISA STEERE
------------------------------------        ---------------------
Lisa Steere                                 Date
<PAGE>   1
                                                                EXHIBIT 10.8 (i)

                          AMENDMENT NUMBER EIGHT (8) TO
                  AGREEMENT FOR THE LICENSING OF IBM TECHNOLOGY
                            AGREEMENT NUMBER JWQ9308

WHEN EXECUTED, this document shall become Amendment Number Eight (8)
(hereinafter referred to as "Amendment") to Agreement for the Licensing of IBM
Technology Number JWQ9308 (hereinafter referred to as "Agreement") dated
February 3, 1993 by and between Syntellect, Inc. (hereinafter referred to as
"Syntellect") and International Business Machines Corporation (hereinafter
referred to as "IBM").

WHEREAS, Syntellect and IBM hereby agree to modify and amend the Agreement as
set forth herein. All other terms and conditions of the Agreement not expressly
modified by this Amendment, or any other previous Amendments not superseded,
shall remain unchanged and shall remain in full force and effect.

Supplement Number 01 dated February 3, 1993, for the licensing of IBM's CallPath
DirectTalk/2 Object Code, is hereby amended to revise the royalty payment
structure. Therefore, Section 3.0. ROYALTY PAYMENTS, is hereby modified as
follows:

1.       Section 3.1 and Table 1 Royalty Schedule is replaced in its entirety
         with the following:

         "As consideration for IBM furnishing the LICENSED WORKS under this
         Supplement, the royalty to be paid IBM for any PRODUCT delivered to a
         Syntellect CUSTOMER (including internal CUSTOMERS) shall be 34%
         effective 12/01/96 of the IBM US List Price for CallPath DirectTalk/2
         Programs and Features specified in Attachment 1. The applicable List
         Price shall be the current IBM United States List Price (USLP). An
         increase in the USLP shall be effective ninety (90) days from the date
         of notice of the increase by IBM. A decrease in the applicable USLP
         shall be immediately effective in computing the royalties accruing
         after the date of the decrease.

         "The above royalty is not applicable to the national language packages
         or country packages. The applicable license fees for these items is
         specified in Section 3.7."

IN WITNESS WHEREOF, Syntellect and IBM have caused this Amendment to be executed
by their duly authorized representatives as set forth above.

Accepted and Agreed To:

INTERNATIONAL BUSINESS                  SYNTELLECT, INC.
MACHINES CORPORATION

By:       /s/ Ron K. Owen               By:   /s/ Steve Nussuallah
      -----------------------------           -----------------------------
Name:     Ron K. Owen                   Name:   Steve Nussuallah
      -----------------------------           -----------------------------
Title:    Contract Administrator        Title:    President
      -----------------------------           -----------------------------
Date:     3/3/97                        Date:     3/11/97
      -----------------------------           -----------------------------
**EXHIBIT31.1**

**Certification**

I, Tommy A. Moore, Jr.,certify that:

1.     I have reviewed this quarterly report on Form 10-Q ofFirst Investors Financial Services Group, Inc.

2.     Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3.     Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

4.     The Company’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the Company andbased on such evaluation:

a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; and

b)  Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this report(based on such evaluation); and

c)   Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect theregistrant’s internal control over financial reporting;

5.     The registrant’s other certifying officer(s) and Ihave disclosed, based on our most recent evaluation of internal controls overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalent functions):

a)   Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting, which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b)  Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

Date: Dec 13, 2006
|   | By:                      | /s/ TOMMY A.  MOORE, JR. |   |
|--------|--------------------------|--------------------------|--------|
|   | Tommy A. Moore,  Jr.     |
|   | Chief Executive  Officer |

 

----
#### STATE of Louisiana ex rel. Willie R. SANDIFER v. Ross MAGGIO, Warden, Louisiana State Penitentiary.

No. 61281.

Supreme Court of Louisiana.

Jan. 20, 1978.

In re: Willie R. Sandifer applying for remedial writs. Parish of Orleans.

Writ denied.
#### Adrian MILLER, Appellant, v. STATE of Florida, Appellee.

No. 72-776.

District Court of Appeal of Florida, Second District.

Jan. 18, 1973.

Seymour L. Honig, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corees, Jr., Asst. Atty. Gen., Tampa, for appellee.

ORDER OF THE COURT

MANN, Chief Judge.

Miller asks us to review an order of the trial court denying bail pending appeal and to fix bail ourselves. His application for admission to bail was filed with the trial court. The judge, without holding any hearing, affixed a rubber stamp which reads “Motion Heard, Considered and”, to which someone wrote “Denied” and .the Judge signed it. This procedure plainly violates Rule 6.15(c), F.A.R., 32 F.S.A., which states “When the lower court denies bail pending appeal, it shall state in its order of denial the reasons therefor. Rule 6.15 also makes specific reference to Younghans v. State, Fla.1956, 90 So.2d 308. A reading of that case will afford ample guidance for handling applications for bail pending appeal.

*545Instead of setting bail ourselves, which we are ill equipped to do, we quash the order under review and remand the matter to the trial court for proceedings complying with Rule 6.15, F.A.R. and *Younghans.*

Order quashed and application for bail remanded.

McNULTY and BOARDMAN, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-K
for the year ended December 31, 1997 for May Limited  Partnership  1984-1 and is
qualified in its entirety by reference to such Form 10-K.
</LEGEND>
<CIK>                         0000757525
<NAME>                        May Limited Partnership 1984-1
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Dec-31-1997
<CASH>                                         221
<SECURITIES>                                   0
<RECEIVABLES>                                  197
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               418
<PP&E>                                         8,112
<DEPRECIATION>                                 8,091
<TOTAL-ASSETS>                                 439
<CURRENT-LIABILITIES>                          12
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     427
<TOTAL-LIABILITY-AND-EQUITY>                   439
<SALES>                                        850
<TOTAL-REVENUES>                               867
<CGS>                                          0
<TOTAL-COSTS>                                  154
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                713
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            713
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   713
<EPS-PRIMARY>                                  81.92
<EPS-DILUTED>                                  81.92
        


</TABLE>
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Justice Drug Enforcement Administration [Docket No. DEA-392]
 ACTION: Notice of application.
 DATES: Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before August 22, 2018. Such persons may also file a written request for a hearing on the application on or before August 22, 2018.
 ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All request for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.


SUPPLEMENTARY INFORMATION:  The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (“Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.34(a), this is notice that on June 21, 2018, Fresenius Kabi USA, LLC, 3159 Staley Road, Grand Island, New York 14072-2028 applied to be registered as an importer of the following basic class of controlled substance: Controlled substance
Drug code
ScheduleRemifentanil
9739
II
 
 
 The company plans to import the listed controlled substance for narcotic material for bulk manufacture. Dated: July 12, 2018. John J. Martin, Assistant Administrator.


[FR Doc. 2018-15750 Filed 7-20-18; 8:45 am] BILLING CODE 4410-09-P
Exhibit 10.3
 Wuhan Donghu New Technology Development Zone Management Committee
 Jiawei Solar (Wuhan) Co., Ltd.
 Evergreen Solar Inc.
 Solar Project Investment Co-operation Framework Agreement
 The First Party: Wuhan East Lake Hi-Tech Development Zone
Management Committee       The Second Party : Jiawei Solar (Wuhan) Co., Ltd.
  The Third Party : Evergreen Solar Inc.
   
 1. Project Briefing
 1.1 Project Name.
 1.2 Construction content.
 Privileged
& Confidential




---



##### 



1.3 Construction Cycle.
 1.4 Project Total Investment.
 2. Responsibilities & Obligations
 2.1 The First party.
    2.2 The Second Party.
  Privileged
& Confidential




---



##### 



2.3 The Third Party.
 3. Others
 3.1
 3.2
 3.3
 Privileged
& Confidential




---



##### 



The First Party :
  
 The Second Party :
  
 The Third Party :
 
 Privileged
& Confidential
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Page 35022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15922]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-18-034]


Government in the Sunshine Act Meeting Notice

Agency Holding the Meeting: United States International Trade 
Commission.

Time and Date: July 31, 2018 at 9:30 a.m.

Place: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: 
(202) 205-2000.

Status: Open to the public.

Matters to be Considered: 
    1. Agendas for future meetings: None.
    2. Minutes.
    3. Ratification List.
    4. Vote on Inv. Nos. 701-TA-489 and 731-TA-1201 (Review) (Drawn 
Stainless Steel Sinks from China). The Commission is currently 
scheduled to complete and file its determinations and views of the 
Commission by August 13, 2018.
    5. Outstanding action jackets: None.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    By order of the Commission.

     Issued: July 20, 2018.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-15922 Filed 7-20-18; 4:15 pm]
BILLING CODE 7020-02-P