alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(May 6, 1991)

#### Salvatore Assante et al., Appellants, v City of New York et al., Respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Vinik, J.), dated June 5, 1989, which, upon a jury verdict, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

In April of 1982 the plaintiff Salvatore Assante, a New York City Department of Sanitation worker, sustained injuries when the vehicle he was operating to remove accumulated snow hit an obstruction and came to an abrupt stop, propelling him forward. The only theories of liability contained in the notice of claim and complaint were that Assante was injured because the vehicle "failed to properly stop, not having proper and adequate safety devices”, and the failure of the defendant City of New York to maintain a safe road. In the bill of particulars, the plaintiffs alleged that the Department *431of Sanitation failed to provide "proper and adequate equipment”. No other theories of liability were contained in any of the pleadings. In the midst of the trial in 1988, the plaintiffs attempted to introduce a new theory of liability—that the injuries were caused by a second collision sustained by Assante due to the absence of a seat belt in the vehicle, as set forth in *McMahon v Butler*(73 AD2d 197), and they moved, after the parties rested, to conform the pleadings to the proof. The trial court denied the motion, noting the plaintiffs’ prejudicial delay in asserting this theory as a factor in its determination.

The plaintiffs contend on appeal that the Supreme Court abused its discretion in denying their motion to amend the pleadings to conform to the evidence. Although CPLR 3025 (c) permits a court to grant such a motion upon terms as may be just, a trial court has great discretion in this matter *(see, e.g., Edenwald Contr. Co. v City of New York,*60 NY2d 957, 959). The plaintiffs’ attempt to assert a new theory of liability, based as it was upon new factual assertions, would have prejudiced the defendants. Instead of the originally-pleaded theory in regard to the lack of safety features on the vehicle, such as a "tripping mechanism” in order to prevent an abrupt stop, the amendment would have allowed the jury to consider a "second collision” theory based on the alleged absence of seat belts. Accordingly, the trial court cannot be said to have abused or improvidently exercised its discretion in denying the motion, in light of the prejudice which would have accrued to the defendants because they were not afforded adequate notice to prepare to refute the new theory raised for the first time in the midst of trial *(see, Griffiths v Lindemann,*152 AD2d 655, 656; *see also, Redmond v Lomanto,*144 AD2d 448, 449). This motion to amend the pleadings to assert this theory of recovery should have been made promptly after discovery or awareness of the facts upon which it was based *(see, Ramsey v Owens,*159 AD2d 930, 931).

We find the remainder of the plaintiffs’ contentions to be without merit. Thompson, J. P., Bracken, Brown and Eiber, JJ., concur.
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

I, Herbert J. Lanese, President and Chief Executive Officer of DynCorp International LLC (the "Company"), 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/HERBERT J. LANESEHerbert J. Lanese
President and Chief Executive Officer
Date: August 7, 2007
| |  | ------------------------------------------------------------------------------------------------

---



QuickLinks
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA

v.

ANGEL NATAL

PETITION OF: FRANCIS W. MCCLOSKEY JR., ESQ. :

:

:

:

:

:

:

:

:

:

: No. 10 EM 2019

ORDER

PER CURIAM

AND NOW , this 29th day of March , 2019, upon consideration of the “Praecipe to

be Removed as Counsel,” this matter is REMANDED to the Court of Common Pleas of

Philadelphia County for that court to determine whether Angel Natal’s p resent counsel

should be permitted to withdraw. See Pa.R. Crim.P. 120 (providing that counsel must

seek leave of court to withdraw).

If present counsel is permitted to withdraw, the court is DIRECTED to resolve any

issues relative to Angel Natal being appointed counsel or granted leave to proceed pro

se

.

The Court of Common Pleas of Philadelphia County is DIRECTED to enter its

order regarding this remand within 60 days and to promptly notify this Court of its

determination.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7**  **273**

JAMES CALHOUN

- EL , Plaintiff

- Appellant ,
v. BOBBY P. SHEARIN , Warden , Defendant

- Appellee
.

Appeal from the United States District Court for the District of Maryland , at Baltimore
. Richard D. Bennett , District Judge. ( 1:13

- cv - 02 056

- RDB )

Submitted : October 22 , 2013 Decided: October 25, 2013

Before WILKINSON, NIEMEYER, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion
.
James A. Calhoun

- El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: James A. Calhoun

- El appeals the district court ’ s order dismissing his civil complaint and deeming th at case a “strike” under 28 U.S.C. § 1915(g) (2006)
. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Calhoun

- El v. Shearin , No. 1:1 3

- cv - 02 056

- RDB (D. Md. Ju ly 2 9 , 2013). 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
SCWC-14-0001232

IN THE SUPREME COURT OF THE STATE OF HAWAII

IN RE MARN FAMILY LITIGATION

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(MASTER FILE NO. 00-1-MFL 3RD)

(CAAP-14-0001232; CIVIL NOS. 98-5371-12 and 98-4706-10)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant-Appellant Alexander Marn’s

Application for Writ of Certiorari, filed on May 6, 2019, is 

hereby rejected.

DATED: Honolulu, Hawaii, June 5, 2019.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

Electronically Filed

Supreme Court

SCWC-14-0001232

05-JUN-2019

01:59 PM
<PAGE>
 
                                                                    EXHIBIT 10.7

                              AMENDMENT NO. 6    
                                      TO
                         FREIGHTER SERVICES AGREEMENT


     This Amendment No. 6 to the Freighter Services Agreement dated October 1,
1994, between World Airways, Inc., a Delaware corporation ("World or World
Airways") and Malaysian Airline System Berhad, a Malaysian corporation ("MAS")
as amended by Amendment Number 1 thereto dated December 31, 1994, Amendment
Number 2 thereto dated February 9, 1995, Amendment No. 3 dated March 5, 1995,
Amendment No. 4 dated as of July 10th, 1995, and Amendment No. 5 dated July 24,
1995 (collectively hereinafter referred as the "Agreement") is entered into this
20th day of September 1995, by and between World Airways and MAS.

     WHEREAS, the parties desire to ensure the grant of KUL-KIX rights to MAS.

     NOW, THEREFORE, in consideration of the foregoing and other mutual
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree to further amend the Agreement as follows:

     1.  Section 4.1 of the original Agreement dated October 1, 1994 which has
not heretofore been amended, is amended by deleting the last two sentences
thereof.


     2.  Except as amended hereby, all of the terms and conditions set forth in
the Agreement shall remain the same in full force and effect.


     IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to
be executed by their duly authorised officers as the of day and year first above
written.


MALAYSIAN AIRLINE SYSTEM BERHAD           WORLD AIRWAYS, INC.



By: /s/ Baharudin Ngah                    By: /s/ K. M. Fralick 
   -----------------------------             ---------------------------
   Baharudin Ngah                            K. M. Fralick 
   Director of Cargo                         Vice President-Cargo
# L_2006252EN.01001501.xml

| 15.9.2006 | EN | Official Journal of the European Union | L 252/15 |
| --- | --- | --- | --- |

15.9.2006

EN

Official Journal of the European Union

L 252/15

---

COMMISSION REGULATION (EC) No 1359/2006

of 14 September 2006

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 958/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (2) requires the issuing of partial invitations to tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (2) requires the issuing of partial invitations to tender.

| (2) | Pursuant to Article 8(1) of Regulation (EC) No 958/2006 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 14 September 2006, it is appropriate to fix a maximum export refund for that partial invitation to tender. |
| --- | --- |

(2)

Pursuant to Article 8(1) of Regulation (EC) No 958/2006 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 14 September 2006, it is appropriate to fix a maximum export refund for that partial invitation to tender.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 14 September 2006, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 958/2006 shall be 32,813 EUR/100 kg.

Article 2

This Regulation shall enter into force on 15 September 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 September 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 58, 28.2.2006, p. 1.

1

(2)  
  OJ L 175, 29.6.2006, p. 49.

2

---
II 

111TH CONGRESS 

1ST SESSION S. 2070 

To extend the temporary suspension of duty on phenyl (4,6-dimethoxypyrimidin-2-yl) carbamate. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on phenyl (4,6- 

dimethoxy-pyrimidin-2-yl) carbamate. 

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

3 SECTION 1. PHENYL (4,6-DIMETHOXY-PYRIMIDIN-2-YL) CAR4 BAMATE. 

5 (a) IN GENERAL.—Heading 9902.33.59 of the Har6 monized Tariff Schedule of the United States (relating to 

7 phenyl (4,6-dimethoxy-pyrimidin-2-yl) carbamate) is 

8 amended by striking the date in the effective period col9 umn and inserting ‘‘12/31/2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2070 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
# L_2006192EN.01001601.xml

| 13.7.2006 | EN | Official Journal of the European Union | L 192/16 |
| --- | --- | --- | --- |

13.7.2006

EN

Official Journal of the European Union

L 192/16

---

COMMISSION REGULATION (EC) No 1063/2006

of 12 July 2006

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

| (1) | Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f). |
| --- | --- |

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

| (2) | Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2006 to 30 June 2007 at 11 500 t. |
| --- | --- |

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2006 to 30 June 2007 at 11 500 t.

| (3) | It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit, |
| --- | --- |

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 July 2006 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of August 2006 for 1 701,414 t.

Article 2

This Regulation shall enter into force on 13 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

1

(2)  
  OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 408/2006 (OJ L 71, 10.3.2006, p. 3).

2

---
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No. 333-36659; No. 333-35051; and
No. 333-88216 on Form S-3, and in Registration Statement No. 333-146148; No. 333-115280; No. 333-115279; No. 333-75709; No. 333-35043 on
Form S-8, of our reports dated February 27, 2009, relating to the consolidated financial statements and financial statement schedule of Hearst-Argyle Television, Inc. (which
report expresses an unqualified opinion and includes an explanatory paragraph relating to the Company's adoption of Statement of Financial Accounting Standards No. 158, Employers' Accounting for Defined Benefit Pension
and Other Postretirement Plansand Financial Interpretation No. 48,Accounting for Uncertainty in Income Taxes, an interpretation of FASB Statement No. 109), and the effectiveness of Hearst-Argyle
Television, Inc.'s internal control over financial reporting, appearing in this Annual Report on Form 10-K of Hearst-Argyle Television, Inc. for the year ended December 31,
2008.

/s/
DELOITTE & TOUCHE LLP

New
York, New York
February 27, 2009

---



QuickLinks
EXHIBIT 32.2

CERTIFICATIONS OF CHIEF FINANCIAL OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Triple Crown Media, Inc. (the Company) on Form 10-Q for the fiscal quarterly period ended December 31, 2006 as filed
with the Securities and Exchange Commission on the date therein specified (the Report), the undersigned Chief Financial Officer of the Company, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of his individual knowledge and belief:



|(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: February 19, 2008



|        |  |                                                     
|------- |  | ----------------------------------------------------
|Signed: |  | /s/ MARK G. MEIKLE                                  
|        |  | Mark G. Meikle                                      
|        |  | Executive Vice President and Chief Financial Officer

The foregoing certification is being furnished pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes
of Section 18 pf the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, regardless of any general incorporation language in said filing.
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 Quarterly Report on Form 10-Q of AgFeed Industries, Inc.
(the “Company”) for the quarter ending September 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Xiong
Junhong, Chief Executive Officer of the Company, hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to his 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.





Dated:  November
      9, 2010
            By:   
      /s/ Xiong
    JunhongXiong
      JunhongChief
      Executive Officer





This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





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

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2000 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2000

   To suspend temporarily the duty on 3-Bromo-N-[4-chloro-2-methyl-6-
       [(methylamino)carbonyl]phenyl]-1 H-pyrazole-5-carboxamide 
                         (Chlorantraniliprole).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2009

 Mr. Chambliss introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 3-Bromo-N-[4-chloro-2-methyl-6-
       [(methylamino)carbonyl]phenyl]-1 H-pyrazole-5-carboxamide 
                         (Chlorantraniliprole).

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

SECTION 1. 3-BROMO-N-[4-CHLORO-2-METHYL-6-
              [(METHYLAMINO)CARBONYL]PHENYL]-1 H-PYRAZOLE-5-CARBOXAMIDE 
              (CHLORANTRANILIPROLE).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      3-Bromo-N-[4-       Free         No change        No change        On or before 12/  ''.
                        chloro-2-methyl-6-                                                 31/2011.......
                        [(methylamino)car
                        bonyl]phenyl]-1 H-
                        pyrazole-5-
                        carboxamide
                        (Chlorantranilipr
                        ole) (CAS No.
                        500008-45-7)
                        (provided for in
                        subheading
                        2933.39.27)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```