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#### PEPSICO, INC., Petitioner, v. Fred PIERCE, Respondent.

No. 74756.

Supreme Court of Oklahoma.

Dec. 4, 1990.

MEMORANDUM OPINION

HODGES, Justice.

Petitioner, PepsiCo, challenges an order of the Workers’ Compensation Court certifying an award for enforcement in the district court. The order held that PepsiCo was liable as guarantor of the workers’ compensation liabilities of Lee Way Motor Freight, claimant’s now defunct employer.

Three issues are raised. All three issues were expressly or impliedly decided by the decisions in *PepsiCo, Inc. v. Sharp,*781 P.2d 814 (Okla.1989), and *PepsiCo, Inc. v. Burden,*786 P.2d 1226 (Okla.1989).

PepsiCo first challenges its inclusion as guarantor in the certification order. This argument was resolved against PepsiCo in *Sharp, Burden,*and numerous other Pepsi-Co appeals. The same result applies with equal force to this award and PepsiCo’s secondary liability has properly been invoked.

The second issue challenges the award of additional attorney fees against PepsiCo. However, unlike other PepsiCo cases, these fees were not claimant’s; they were those of unpaid health care providers who sought payment in the Workers’ Compensation Court. The trial tribunal awarded $375. to each provider.

This issue was also resolved by *Sharp,*781 P.2d at 820. There, as here, it cannot be said that the award of attorney fees was authorized under section 30 of the Workers’ Compensation Act. The award of attorney fees to the health care providers must therefore be vacated.

Finally, PepsiCo argues that the trial tribunal should not have awarded the statutory 15% penalty for wrongful termination of temporary benefits. *See*Okla. Stat. tit. 85, chap. 4, app., Rule 15. Pepsi-Co argues that it was Lee Way who stopped paying the benefits and that it is therefore improper to enforce that penalty against PepsiCo as guarantor. This argument is basically the same one utilized to attempt to escape liability for the statutory 18% interest fee assessed in numerous Pep-siCo cases. That argument was rejected in *Sharp,*781 P.2d at 819-20, and is also rejected here. When PepsiCo, as guarantor, stepped into Lee Way’s shoes upon default, its obligations included the duty to pay all workers’ compensation liabilities including any statutory penalties.

*1292The order of the Workers’ Compensation Court is hereby sustained except as to the award of attorney fees to health care providers. The case is remanded to the Workers’ Compensation Court with directions to vacate that portion of its order.

HARGRAVE, C.J., and LAVENDER, DOOLIN, ALMA WILSON and SUMMERS, JJ., concur.

SIMMS, J., concurs in result.

OPALA, V.C.J., concurs in part, dissents in part.

KAUGER, J., recused.

OPALA,

Vice Chief Justice, concurring in part, dissenting in part:

I would allow the victorious claimant a counsel-fee award for appeal-related services. 20 O.S.Supp.1982 § 15.1. *See PepsiCo, Inc. v. Sharp,*Okl., 781 P.2d 814, 820 [1989] (Opala, V.C.J., concurring in part, dissenting in part).
Exhibit 32.1





CERTIFICATION


Pursuant to 18 U.S.C. 1350


(Section 302 of the Sarbanes-Oxley Act of 2002)





In connection with the Quarterly Report on Form 10-Q of Global Cornerstone Holdings Limited (the “Company”) for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), James D. Dunning, Jr., Chief Executive Officer of the Company, hereby certifies, 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.





Dated: May 18, 2011
/s/ James D. Dunning, Jr.James D. Dunning, Jr.Chief Executive Officer(Principal executive officer)
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , 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.

March 22, 2017

s0315 

# Order

Clerk March 22, 2017

153145

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 153145

COA: 329711

Wayne CC: 09

- 010770

- FC

REGINALD DESHAWN WALKER

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 16

, 2015

order of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
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Exhibit 32.2
 
 OFFICER CERTIFICATION
 
 PURSUANT TO 18 U.S.C. 1350, AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the quarterly report of Advanced Environmental Recycling Technologies, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, J. R. Brian Hanna, certify pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:
 
 (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:  March 26, 2010
  /s/ J. R. Brian HannaJ. R. Brian HannaChief Financial Officer(principal financial officer)
II 

113TH CONGRESS 

1ST SESSION S. 573 

To amend title 40, United States Code, to improve veterans service 

organizations access to Federal surplus personal property. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2013 

Ms. COLLINS (for herself, Mr. LEAHY, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend title 40, United States Code, to improve veterans 

service organizations access to Federal surplus personal 

property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Formerly Owned Re5 sources for Veterans to Express Thanks for Service Act 

6 of 2013’’ or the ‘‘FOR VETS Act of 2013’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 573 IS

1 SEC. 2. VETERANS ACCESS TO FEDERAL EXCESS AND SUR2 PLUS PERSONAL PROPERTY. 

3 Section 549(c)(3) of title 40, United States Code, is 

4 amended— 

5 (1) in subparagraph (A), by striking ‘‘or’’ at 

6 the end; 

7 (2) in subparagraph (B)— 

8 (A) in clause (viii), by adding ‘‘or’’ at the 

9 end; and 

10 (B) by striking clause (x); and 

11 (3) by adding at the end the following: 

12 ‘‘(C) for purposes of providing services to 

13 veterans (as defined in section 101 of title 38), 

14 to an organization whose— 

15 ‘‘(i) membership comprises substan16 tially veterans; and 

17 ‘‘(ii) representatives are recognized by 

18 the Secretary of Veterans Affairs under 

19 section 5902 of title 38.’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
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<TABLE> <S> <C>

<ARTICLE>                                          5

<S>                                                       <C>
<PERIOD-TYPE>                                             Year
<FISCAL-YEAR-END>                                         MAY-31-1998
<PERIOD-END>                                              MAY-31-1998
<CASH>                                                        81,529
<SECURITIES>                                                       0
<RECEIVABLES>                                                405,027
<ALLOWANCES>                                                 150,000
<INVENTORY>                                                  108,844
<CURRENT-ASSETS>                                             728,754
<PP&E>                                                     1,868,535
<DEPRECIATION>                                               113,143
<TOTAL-ASSETS>                                             2,749,846
<CURRENT-LIABILITIES>                                      4,084,345
<BONDS>                                                            0
<PREFERRED-MANDATORY>                                              0
<PREFERRED>                                                  176,414
<COMMON>                                                     264,926
<OTHER-SE>                                               (4,133,625)
<TOTAL-LIABILITY-AND-EQUITY>                               2,749,846
<SALES>                                                      557,691
<TOTAL-REVENUES>                                             557,691
<CGS>                                                        394,708
<TOTAL-COSTS>                                                394,708
<OTHER-EXPENSES>                                          12,377,328
<LOSS-PROVISION>                                                   0
<INTEREST-EXPENSE>                                           624,034
<INCOME-PRETAX>                                         (12,918,695)
<INCOME-TAX>                                                       0
<INCOME-CONTINUING>                                     (12,918,695)
<DISCONTINUED>                                                     0
<EXTRAORDINARY>                                                    0
<CHANGES>                                                          0
<NET-INCOME>                                            (12,918,695)
<EPS-BASIC>                                                 (0.86)
<EPS-DILUTED>                                                 (0.86)



</TABLE>
Order entered July 1 4 , 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 14
- 00500
- CV MARCUS JOSEPH ROPER, Appellant V. KATHERINE ELIZABETH JOLLIFFE, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. 13
- 00611
- V - 292ND 

### O RDER
The clerk’s record in this case is overdue. B y postcard dated May 30, 2014, we notified the Dallas County District Clerk that the clerk’s record was overdue. We directed the district clerk to file the cler k’s record within thirty days. To date, the clerk’s record has not been filed. Accordingly, this Court ORDERS the Dallas County District Clerk to file, within TEN DAYS of the date of this order, either the clerk’s record or written verification that appe llant has not been found indigent and has not paid for the record. We notify appellant that if we receive verification he is not indigent and has not paid for the record, we will, without further notice, dismiss the appeal. See T EX
. R. A PP
. P. 37.3(b).
We DIRECT the Clerk of the Court to send a copy of this order, by electronic tranmission, to:Gary Fitzsimmons Dallas County District Clerk

/s/ CAROLYN WRIGHT CHIEF JUSTICE
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