alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James MOODY d/b/a St. James Apartments, Appellant, v. Guy D. CRIST et al., Appellees.

No. 72-613.

District Court of Appeal of Florida, Second District.

Dec. 19, 1973.

*413Howard P. Ross of Parker, Battaglia & Ross, St. Petersburg, for appellant.

Richard L. Mensh, of Mensh & Mensh, St. Petersburg, for appellee, Natalie Bru-neau.

Edwin P. Krassner of Krassner & Thorpe, Pinellas Park, for appellees other than Natalie Bruneau.

PER CURIAM.

Affirmed.

MANN, C. J., and BOARDMAN, J., concur.

HOBSON, J., dissents with opinion.

HOBSON, Judge

(dissenting).

I think that the lower court prematurely dismissed appellant’s amended complaint.

Appellant Moody, doing business as St. James Apartments, filed his amended complaint in three counts against appellees, alleging libel and slander, invasion of privacy and disparagement with resulting damages to appellant. Moody also alleged that he was the owner and builder of the St. James Apartments. He attached as exhibits the alleged libelous letters which he claimed were irresponsibly, maliciously, recklessly and wantonly circulated and distributed to various third parties. He also alleged that such letters contained false and untrue statements which were written with the intent to injure the plaintiff. All of the letters referred to zoning violations by the St. James Apartments. In the first letter there was reference that the apartments were owned and being constructed by Green Feathers, Inc. The recipient of the letter, the City Manager, knew that the charge made referred to Moody and not Green Feathers, Inc., and advised appellees that Moody, not Green Feathers, was the owner.

The lower court dismissed the complaint with prejudice, finding, inter alia, that plaintiff as named did not have a cause of action. I think this was error. It is not essential that the defamed person be named in the publication or communication if the communication in its totality contains sufficient facts or references from which persons receiving such communication can determine that he is the person referred to therein. O’Neal v. Tribune Company, Fla.App.1965, 176 So.2d 535, 548; Harwood v. Bush, Fla.App.1969, 223 So.2d 359; Wolfson v. Kirk, Fla.App.1973, 273 So.2d 774.

The lower court also found that the documents exhibited by Moody and the alleged acts of appellees constitute a qualified privilege and not libel per se. Privilege is a matter of affirmative defense, and where it does not clearly appear from the allegations of the complaint, it should be raised by answer. See Richard v. Gray, Fla.1953, 62 So.2d 597; Wolfson v. Kirk, *supra.*

I do not think that it clearly appears from the averments of the complaint and the letters attached thereto that such letters constituted a qualified privilege. It does not appear that the letters were written by Ginn as a member or a representative of a civic association. Neither does it appear that such letters were written with the good faith required to make them qual-ifiedly privileged. I am of the opinion that there were insufficient factual matters before the court at that stage of the pleadings to make a determination upon that issue.

I respectfully dissent.
#### Austin W. HALE, Appellant, v. STATE of Florida, Appellee.

No. 73-788.

District Court of Appeal of Florida, Second District.

Feb. 15, 1974.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>

 <ARTICLE> 5
 <LEGEND>
 This Schedule contains summary financial
 information extracted from the financial
 statements contained in the body of the
 accompanying Form 10-Q and is qualified in
 its entirety by reference to such financial
 statements.
 </LEGEND>
 <MULTIPLIER>                  1,000
        
 <S>                           <C>
 <CURRENCY>                    POUNDS STERLING
 <EXCHANGE-RATE>               1.5653
 <PERIOD-TYPE>                 9-MOS
 <FISCAL-YEAR-END>             DEC-31-1995
 <PERIOD-END>                  SEP-30-1996
 <CASH>                        100,161
 <SECURITIES>                  0
 <RECEIVABLES>                 60,772
 <ALLOWANCES>                  5,465
 <INVENTORY>                   0
 <CURRENT-ASSETS>              0
 <PP&E>                        1,604,265
 <DEPRECIATION>                268,058
 <TOTAL-ASSETS>                2,165,325
 <CURRENT-LIABILITIES>         0
 <BONDS>                       834,484
 <PREFERRED-MANDATORY>         0
 <PREFERRED>                   49,607
 <COMMON>                      92,756
 <OTHER-SE>                    951,371
 <TOTAL-LIABILITY-AND-EQUITY>  2,165,325
 <SALES>                       0
 <TOTAL-REVENUES>              206,603
 <CGS>                         0
 <TOTAL-COSTS>                 83,531
 <OTHER-EXPENSES>              0
 <LOSS-PROVISION>              0
 <INTEREST-EXPENSE>            78,307
 <INCOME-PRETAX>               (239,880)
 <INCOME-TAX>                  150
 <INCOME-CONTINUING>           (240,030)
 <DISCONTINUED>                0
 <EXTRAORDINARY>               0
 <CHANGES>                     0
 <NET-INCOME>                  (240,030)
 <EPS-PRIMARY>                 (0.26)
 <EPS-DILUTED>                 0
         



</TABLE>
##### 



Exhibit 31.1
 CERTIFICATION AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of APAC Customer Services, 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;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such
evaluation; andc.
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb.
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date: May 9, 2008
    
    /s/ Michael P. Marrow

Michael P. Marrow

President and Chief Executive Officer
Exhibit 21.1

DEL LABORATORIES, INC. - Subsidiaries


DOMESTIC
Del Laboratories, Inc. (Delaware)
Del Pharmaceuticals, Inc. (Delaware)
565 Broad Hollow Realty Corp. (New York)
Parfums Schiaparelli, Inc. (New York)
Royce & Rader, Inc. (Delaware)
Sally Hansen, Inc. (New York)
Del International, Inc. (New York)

FOREIGN
Del Laboratories (Canada) Inc. (Canada)
Del Pharmaceutics (Canada) Inc. (Canada)
Del Laboratories Limited (U.K.)
Del Pharmaceuticals Ltd. (U.K.)
Pade Mexicana, S.A. de C.V. (Mexico)
DLI (Proprietary) Ltd. (South Africa)
#### Ronald Arvin PETTERSON, Appellant, v. STATE of Florida, Appellee.

No. 72-731.

District Court of Appeal of Florida, Fourth District.

Oct. 2, 1972.

Appeal from Court of Record, Broward County; J. Cail Lee, Judge.

Appeal dismissed.
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Page 40360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17373]



[[Page 40360]]

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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250-SLR and 50-251-SLR; ASLBP No. 18-957-01-SLR-BD01]


Establishment of Atomic Safety and Licensing Board; Florida Power 
& Light Company

    Pursuant to delegation by the Commission, see 37 FR 28710 (Dec. 29, 
1972), and the Commission's regulations, see, e.g., 10 CFR 2.104, 
2.105, 2.300, 2.309, 2.313, 2.318, 2.321, notice is hereby given that 
an Atomic Safety and Licensing Board (Board) is being established to 
preside over the following proceeding:

Florida Power & Light Company

(Turkey Point Nuclear Generating Units 3 and 4)

    This proceeding involves an application seeking a twenty-year 
subsequent license renewal of Renewed Facility Operating License Nos. 
DPR-31 and DPR-41, which currently authorize Florida Power & Light 
Company to operate the Turkey Point Nuclear Generating Units 3 and 4 
until, respectively, July 19, 2032 and April 10, 2033. In response to a 
notice published in the Federal Register announcing the opportunity to 
request a hearing, see 83 FR 19304 (May 2, 2018), the following hearing 
requests have been filed: (1) A request on behalf of Southern Alliance 
for Clean Energy; and (2) a request on behalf of, collectively, Friends 
of the Earth, Natural Resources Defense Council, and Miami Waterkeeper.
    The Board is comprised of the following Administrative Judges:

E. Roy Hawkens, Chairman, Atomic Safety and Licensing Board Panel, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555-0001.
Dr. Michael F. Kennedy, Atomic Safety and Licensing Board Panel, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555-0001.
Dr. Sue H. Abreu, Atomic Safety and Licensing Board Panel, U.S. Nuclear 
Regulatory Commission, Washington, D.C. 20555-0001.

    All correspondence, documents, and other materials shall be filed 
in accordance with the NRC E-Filing rule. See 10 CFR 2.302.

    Rockville, Maryland.

    Dated: August 8, 2018.
Edward R. Hawkens,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. 2018-17373 Filed 8-13-18; 8:45 am]
 BILLING CODE 7590-01-P
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

November 23, 2009 

d1116 

Order 

 

November 23, 2009 

138983-4 

LYNN M. ROUSSEAU, Personal 

Representative of the Estate of KELLY 

SUE ROUSSEAU, Deceased, 

Plaintiff-Appellant, 

v SC: 138983-4 

 COA: 280441; 281093 

Chippewa CC: 05-007915-NH 

KRISTINA MASUGA, M.D., TIMOTHY 

TETZLAFF, D.O., JOHN OCKENFELS, 

D.O., RIVERSIDE MEDICAL ASSOCIATES, 

P.C., and TENDERCARE, INC., 

Defendants-Appellees. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the April 21, 2009 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in 

lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals in 

part and the order of the Chippewa Circuit Court granting defendant Tendercare’s motion 

for summary disposition, and we REMAND this case to the Chippewa Circuit Court for 

reconsideration of that defendant’s motion in light of this Court’s decisions in Bush v 

Shabahang, 484 Mich 156 (2009), and Potter v McLeary, 484 Mich 397 (2009), and 

MCL 600.2301.
#### Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

77-184.

Supreme Court of Alabama.

Dec. 22, 1977.

FAULKNER, Justice.

WRIT DENIED.

TORBERT, C. J., and BLOODWORTH, ALMON and EMBRY, JJ., concur.
# C_2013131EN.01009901.xml

| 8.5.2013 | EN | Official Journal of the European Union | C 131/99 |
| --- | --- | --- | --- |

8.5.2013

EN

Official Journal of the European Union

C 131/99

---

NOTICE OF OPEN COMPETITIONS

2013/C 131/03

The European Personnel Selection Office (EPSO) is organising the following two open competitions:

| — | EPSO/AST/127/13 — Proofreaders (AST 3) with Greek as their main language (EL) |
| --- | --- |

—

EPSO/AST/127/13 — Proofreaders (AST 3) with Greek as their main language (EL)

| — | EPSO/AST/128/13 — Proofreaders (AST 3) with Portuguese as their main language (PT) |
| --- | --- |

—

EPSO/AST/128/13 — Proofreaders (AST 3) with Portuguese as their main language (PT)

The competition notice is published in 23 languages in Official Journal C 131 A of 8 May 2013.

Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/

---
#### CARLYLE HOUSE, INC., and Data Lease Financial Corporation, Appellants, v. Bernard WEISINGER and Bettie Weisinger, his wife, Appellees. CARLYLE HOUSE, INC., and Data Lease Financial Corporation, Appellants, v. Bernard WEISINGER and Bettle Weisinger, his wife, Appellees.

Nos. 72-271, 72-433.

District Court of Appeal of Florida, Fourth District.

Oct. 2, 1972.

Appeal from Circuit Court, Palm Beach County; James R. Knott, Judge.

Appeal dismissed.
# C_2012368EN.01001101.xml

| 28.11.2012 | EN | Official Journal of the European Union | C 368/11 |
| --- | --- | --- | --- |

28.11.2012

EN

Official Journal of the European Union

C 368/11

---

Special Report No 15/2012 ‘Management of conflict of interest in selected EU Agencies’

2012/C 368/06

The European Court of Auditors hereby informs you that Special Report No 15/2012 ‘Management of conflict of interest in selected EU Agencies’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

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

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHDEULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 10Q SEPT 27
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-27-1997
<CASH>                                          17,527
<SECURITIES>                                         0
<RECEIVABLES>                                   44,939
<ALLOWANCES>                                       924
<INVENTORY>                                     29,914
<CURRENT-ASSETS>                                97,279
<PP&E>                                          40,186
<DEPRECIATION>                                  26,848
<TOTAL-ASSETS>                                 111,629
<CURRENT-LIABILITIES>                           30,636
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           125
<OTHER-SE>                                      77,119
<TOTAL-LIABILITY-AND-EQUITY>                   111,629
<SALES>                                        127,987
<TOTAL-REVENUES>                               127,987
<CGS>                                           67,255
<TOTAL-COSTS>                                   67,255
<OTHER-EXPENSES>                                48,837
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (398)
<INCOME-PRETAX>                                 11,967
<INCOME-TAX>                                     4,030
<INCOME-CONTINUING>                              7,937
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,937
<EPS-PRIMARY>                                      .63
<EPS-DILUTED>                                      .63
        

</TABLE>
Exhibit 32

 

FORM OF 906 CERTIFICATION

The certification set forth below is being submitted in connection with the Annual Report on Form 10-K for the year ended January 3, 2004 (the "Report") for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Section 1350 of Chapter 63 of Title 18 of the United States Code.

David G. Whalen, the Chief Executive Officer and John T. Ruggieri, the Chief Financial Officer of A.T. Cross Company, each certifies that, to the best of his knowledge:
#### PEBBLE HILLS PLANTATION and Hartford Accident & Indemnity Company, Petitioners, v. Joe E. ALEXANDER and Industrial Relations Commission of the Florida Department of Commerce, Respondents.

No. 43662.

Supreme Court of Florida.

July 13, 1973.

Certiorari denied.

CARLTON, C. J., and ROBERTS, ERVIN, BOYD and McCAIN, JJ., concur.
#### Voncille W. RAGAN v. CITY OF BAKER et al. The TRAVELERS INSURANCE CO. v. Mrs. Voncille W. RAGAN et al.

Nos. 7110, 7111.

Court of Appeal of Louisiana. First Circuit.

June 30, 1967.

Rehearing Denied Sept. 27, 1967.

R. Gray Sexton of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, for Travelers Ins. Co., plaintiff-appellant.

Daniel R. Atkinson of George Mathews, Baton Rouge, for Voncille Ragan, defendant-appellee-plaintiff-appellee-appellant.

William C. Bradley, Baker, for City of Baker, defendant-appellant.

R. Gordon Kean, Jr. and Charles E. Pilcher, Baton Rouge, for Parish of East Baton Rouge, appellee.

Before LANDRY, ELLIS and BAILES, JJ-

LANDRY, Judge.

For the reasons set forth in the consolidated matter entitled Travelers Insurance Co. v. Ragan et al., 202 So.2d 302, the judgment of the trial court in favor of plaintiff Voncille W. Ragan against defendant, City of Baker, is annulled, reversed and set aside and judgment rendered herein rejecting said plaintiff’s demands against said defendant with prejudice.

It is further ordered, adjudged and decreed the judgment of the trial court rejecting plaintiff’s demands against defendant, the Parish of East Baton Rouge is affirmed; all costs of these proceedings to be paid by plaintiff, Mrs. Voncille W. Ragan.

Affirmed in part, reversed in part and rendered.
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTEREDPUBLIC ACCOUNTING FIRM**

 

We consent to theincorporation by reference in the Registration Statement (Form S-8 No. 333-12749)pertaining to the Cubic Corporation Employees’ Profit-Sharing Plan, the CubicApplications, Inc. 401(k) Retirement Plan and the Cubic Corporation1998 Stock Option Plan of our reports dated December 9, 2009 with respectto the consolidated financial statements of Cubic Corporation, and theeffectiveness of internal control over financial reporting of Cubic Corporationincluded in this Annual Report (Form 10-K) for the year ended September 30,2009.

 
|                  | /s/ Ernst &  Young LLP |
|-----------------------|---------------------------------|
|                  |                            |
| San Diego, California |                            |
| December 9, 2009 |                            |

 

1

----
NUMBER 13

- 1 8

- 00 373

- C R



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

ROCIO RIVERA GARCIA

, Appellant,

v.

THE STATE OF TEXAS

, Appellee.

On a ppeal from the 2 06 th District Court

of Hidalgo County, Texas.



## ORDER

Before Chief Justice Contreras and Justices Longoria and Hinojosa

Order Per Curiam

This Court has received the appellate record with the exception of State’s Exhibits

5 (“Dash Cam Video”) and 5A (“USB Dash Cam Video”)

. The clerk of the trial court is

ORDER ED to forward State’s E xhibits 5 and 5A admitted at trial in trial court cause

number CR

- 2508

- 17

- D to this Court within fifteen days from the date of this order.2 PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

D elivered and filed the

12 th day of March, 2020.
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 Report on Form 10-Q of Investors Financial Services Corp. (the "Company") for the period ending June 30, 2004 as filed on
August 6, 2004 and amended on the date hereof by the filing of an amendment on Form 10-Q/A (the "Report"), I, Kevin J. Sheehan, Chairman and Chief Executive Officer, hereby certify,
pursuant to 18. U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



|/s/KEVIN J. SHEEHANKevin J. Sheehan
Chairman and
Chief Executive Officer |  | 
|------------------------------------------------------------------------ |  | 

November 15, 2004

A
signed original of this written statement required by Section 906 has been provided to Investors Financial Services Corp. and will be retained by Investors Financial Services
Corp. and furnished to the Securities and Exchange Commission or its staff upon request.

In
connection with the Report on Form 10-Q of Investors Financial Services Corp. (the "Company") for the period ending June 30, 2004 as filed on August 6, 2004 and
amended on the date hereof by the filing of an amendment on Form 10-Q/A (the "Report"), I, John N. Spinney, Jr., Senior Vice President and Chief Financial Officer, hereby certify, pursuant to
18. U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



|/s/JOHN N. SPINNEY, JR.John N. Spinney, Jr.
Senior Vice President and
Chief Financial Officer |  | 
|--------------------------------------------------------------------------------------------- |  | 

November 15, 2004

A
signed original of this written statement required by Section 906 has been provided to Investors Financial Services Corp. and will be retained by Investors Financial Services Corp. and
furnished to the Securities and Exchange Commission or its staff upon request.

---



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