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ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of-- ) 

) 

Clark McCarthy Healthcare Partners II ) 

) 

Under Contract No. W9126G-13-C-0004 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 60833 

Eric L. Nelson, Esq. 

Harry Z. Rippeon III, Esq. 

Smith, Currie & Hancock LLP 

Atlanta, GA 

Thomas H. Gourlay, Jr., Esq. 

Engineer Chief Trial Attorney 

Charles L. Webster III, Esq. 

Engineer Trial Attorney 

U.S. Army Engineer District, Fort Worth 

ORDER OF DISMISSAL 

The dispute which is the subject of the appeal having been settled, the appeal is 

hereby dismissed with prejudice subject to reinstatement only in the event the settlement 

is not consummated. Any request to reinstate the subject appeal must be filed within 

90 days of the date of this Order. 

Dated: 13 July 2017 

RICHARD SHACKLEFORD 

Administrative Judge 

Vice Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 60833, Appeal of Clark McCarthy 

Healthcare Partners II, rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
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IN THE

TENTH COURT OF APPEALS

No. 10-19-00078-CV

IN RE HAMPTON ROADS LANDSCAPING & LAWN CARE, LLC 

AND MARK RYAN TAYLOR

Original Proceeding

MEMORANDUM OPINION

Relators’ Petition for Writ of Mandamus, filed on February 27, 2019, is denied. The 

stay ordered by the Court on February 28, 2019 is lifted.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Neill

Stay lifted

Petition denied

Opinion delivered and filed April 24, 2019

[OT06]
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Exhibit 32.3





CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT
0F 2002



In connection with the Annual Report of APT Systems, Inc. (the
Company") on Form 10-Q for the period ended herein as filed with the Securities and Exchange Commission (the "Report"),
I. Carl Hussey, Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 fully presents, in all material respects, the financial condition and results of operations or the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------





|                    |                              | APT Systems, Inc.
|------------------- | ---------------------------- | -----------------
|Date: July 30, 2013 | By:                          | /s/ Carl Hussey  
|                    | Carl Hussey                 
|                    | Principal Accounting Officer
|                    |                             







25
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#### UNITED STATES of America, Plaintiff-Appellee, v. Joseph BEDAMI, Jr. and Anthony Crapero, Defendants-Appellants.

No. 76-2010

Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

Sept. 23, 1976.

Rehearing Denied Oct. 15, 1976.

Henry Gonzalez, James R. Yon, Tampa, Fla., for defendants-appellants.

Robert W. Rust, U. S. Atty., Martin L. Steinberg, Miami, Fla. (Strike Force — Miami Office), Ronald W. Rose, Miami, Fla. (Strike Force — Miami Office), for plaintiffappellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

*

 Rule 18, 5 Cir.; see *Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al.,*5 Cir., 1970, 431 F.2d 409, Part I.

PER CURIAM:

The appellants were found guilty in a jury trial of conspiracy to import narcotics under 21 U.S.C. §§ 952, 963. Following the verdict, the trial judge granted appellants’ motion to dismiss the indictment based on certain instances of government misconduct. *United States v. Acosta,*S.D.Fla.1974, 386 F.Supp. 1072. The government appealed. This Court reversed the district court and ordered the verdicts reinstated, *United States v. Acosta,*5 Cir., 526 F.2d 670, *cert. denied*1976, - U.S. -, 96 S.Ct. 2625, 49 L.Ed.2d 373. On remand the appellants were sentenced. They now appeal their convictions.

The chief ground on which appellants rest their appeal is that appellants were denied due process by virtue of prosecutorial misconduct, including the government’s offering consideration such as favorable tax treatment, probation, and promises of immunity to government witnesses, as well as the government’s failure to produce evi*441dence favorable to appellants. The appellants’ argument is familiar to this Court, having been the basis of their motion to dismiss the indictment. In the panel decision reversing the district court’s order granting that motion, we found that “the tactics in issue had no prejudicial influence on the outcome of the case. If anything, those tactics, [which were] fully exposed to the jury, should have redounded to the benefit of the defense.” 526 F.2d at 674. The holding that the alleged prosecutorial misconduct did not amount to reversible prejudice is the law of this case.

The appellants concede that we have already decided against them on this point. They urge that when conjoined with additional arguments they now make for the first time, however, the alleged prosecutorial misconduct should be sufficient to reverse their convictions. The additional considerations urged are without merit. The judgment of the district court is

AFFIRMED.