alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SALT DOME PRODUCTION COMPANY and the Travelers Insurance Company, Appellants, v. MARYLAND CASUALTY COMPANY, Appellee. MARYLAND CASUALTY COMPANY, Appellant, v. SALT DOME PRODUCTION COMPANY and the Travelers Insurance Company, Appellees.

No. 22796.

United States Court of Appeals Fifth Circuit.

Oct. 27, 1966.

Edmond C. Salassi, New Orleans, La., for appellants.

Christopher Tompkins, New Orleans, La., for appellee.

Before RIVES, THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

This case was initiated by the suit of Anthony Musearello against Salt Dome Production Company and its liability insurer, Travelers Insurance Company, for injuries sustained while he was working for Punch’s Casing Crews, Inc., on an offshore rig owned and operated by Salt Dome. Punch’s compensation carrier, Maryland Casualty Company, made compensation payments (under the Longshoremen’s and Harbor Workers’ Compensation Act) to Musearello and thereafter intervened in the suit, claiming the right to reimbursement for compensation and medical payments totaling $6,195.86.

When the time of trial was imminent Travelers compromised Muscarello’s claim for $7,500 to be paid regardless of the outcome of any claim which Maryland might have for reimbursement of its compensation and medical payments and without making provision for the satisfaction of Maryland’s claim. Thereafter, as a result, Maryland was forced to try its case against Travelers before a jury which ended in a mistrial and the court then directed a verdict n. o. v. for Maryland and additionally awarded $1,000 in attorney’s fees. This appeal involves the matter of attorney’s fees only, Travelers claiming that Maryland is not entitled to such reimbursement.

In a well-reasoned opinion the district judge held that he would allow attorney’s fees as an exception to the general rule, under the equity power of the court where litigation has become necessary because of the arbitrary refusal of parties to rec*333ognize their plain obligations under the law. The district court cited Brisacher v. Tracy-Collins Trust Company, 10 Cir. 1960, 277 F.2d 519, and Sprague v. Ticonic Nat. Bank, 307 U.S. 161, 59 S.Ct. 777, 83 L.Ed. 1184 (1939). We are in accord with the opinion of the court below, and, accordingly, the judgment is affirmed-
<PAGE>


                                                                  EXHIBIT - 10.2


                              AMENDMENT NUMBER TWO
                                       TO
                           THE EDWIN LEWIS BONUS PLAN


         This Amendment Number Two to The Edwin Lewis Bonus Plan is dated as of
September 23, 2002.

                                    RECITALS
                                    --------

         1. The Edwin Lewis Bonus Plan (the "Plan") became effective February 1,
2002.

         2. Pursuant to Section IX of the Plan, the Board of Directors and its
Compensation Committee amended the Plan effective May 15, 2002 ("Amendment
Number One").

         3. The Board of Directors upon recommendation of its Compensation
Committee believes it is in the best interest of the Company and its
stockholders to amend the Plan and Amendment Number One in accordance with the
terms of this Amendment Number Two, the form of which has been approved by the
Board of Directors.

                                    AMENDMENT
                                    ---------

         SECTION 1. Section X of the Plan (as amended by Amendment Number One)
is deleted in its entirety.

         SECTION 2. Section 4 of Amendment Number One is amended and restated in
full to read as follows:

                  "This Amendment shall take effect as of May 15, 2002. Through
                  May 15, 2002 the terms of the Bonus Plan shall be applied
                  without giving effect to this Amendment, subject to approval
                  of this Amendment by the Board of Directors." No payment shall
                  be made under the Plan until this Amendment is so approved.

         SECTION 3. Except as provided in this Amendment Number Two, the
provisions, terms and conditions of the Plan and Amendment Number One shall
remain in full force and effect.

                                      Mossimo, Inc.

                                      /s/ Gia Castrogiovanni
                                      ------------------------------------------
                                      Gia Catrogiovanni, Chief Operating Officer

ACKNOWLEDGED AND AGREED:

/s/ Edwin Lewis
---------------------------
Edwin Lewis
Document Headings

                    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 Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID 0648-XB825]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; correction.

# SUMMARY:

                        The National Marine Fisheries Service published a document in the                         **Federal Register**                         of February 23, 2022, regarding a meeting of the Caribbean Fishery Management Council's (Council) Ecosystem-Based Fishery Management Technical Advisory Panel (EBFM TAP). The document omitted a meeting location.                    

# FOR FURTHER INFORMATION CONTACT:

Graciela García-Moliner, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918-1903, telephone: (787) 403-8337.

# SUPPLEMENTARY INFORMATION:

## Correction

                    In the                     **Federal Register**                     of February 23, 2022, in FR Doc. 2022-03810, on page 10173, in the second column, add the following information to the                     **ADDRESSES**                     caption:                

# ADDRESSES:

*Meeting address:*                         The meeting will be held at the Courtyard by Marriott Isla Verde Beach Resort, 7012 Boca de Cangrejos Avenue, Carolina, Puerto Rico 00979.                    

All previously published information remains unchanged.

## Special Accommodations

For any additional information on this hybrid meeting, please contact Dr. Graciela García-Moliner, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918-1903, telephone: (787) 403-8337.

*Authority:*16 U.S.C. 1801*et seq.*

Dated: February 23, 2022.

Tracey L. Thompson,

Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2022-04134 Filed 2-25-22; 8:45 am]

BILLING CODE 3510-22-P
<PAGE>
 


                                   PACIFIC GATEWAY EXCHANGE
               EXHIBIT 11 - STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
                         (In thousands, except net income per share)

<TABLE> 
<CAPTION> 
                                                       THREE MONTHS                   NINE MONTHS
                                                    ENDED SEPTEMBER 30,              ENDED SEPTEMBER 30,
                                              ------------------------------   ------------------------------
                                                    1996           1995              1996           1995
                                              -------------     ------------    ------------      -----------     
<S>                                          <C>              <C>              <C>                <C> 
COMPUTATION OF EARNINGS PER COMMON
     AND COMMON EQUIVALENT SHARE:              
     Average Shares Outstanding                      18,173           14,100          15,410           14,100
 
     Add:
     Common stock equivalent of stock
           options and warrants                         413              200             245              200
                                              -------------     ------------    ------------      -----------
                                                     18,586           14,300          15,655           14,300
                                              =============     ============    ============      ===========
 
     Net Income                                       2,168              303           3,298            1,253
                                              =============     =============   ============      ===========
 
     Net Income per Share                              0.12             0.02            0.21             0.09
                                              =============     ============    ============      ===========
</TABLE> 
  
NOTE:     All share and per hare amounts have been restated for the prior period
          presented to reflect the nine hundred and forty to one stock split on
          October 20, 1995.
 
 
 

                                       14
**EXHIBIT 32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Entertainment Gaming Asia Inc. (the “Company”) onForm 10-Q for the quarterly period ended June 30, 2010, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), we,Clarence Chung, President and Chief Executive Officer of the Company, and AndyTsui, Vice President Finance and Chief Accounting Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.             The Reportfully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.             The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

 
| By:    |   | /s/ Clarence Chung                     |   | Dated: | August 13, 2010 |
|--------|--------|----------------------------------------|--------|--------|----------------------|
|   |   | Clarence Chung                         |   |   |                 |
| Title: |   | President and Chief  Executive Officer |   |   |                 |
|   |   |                                   |   |   |                 |
|   |   |                                   |   |   |                 |
| By:    |   | /s/ Andy Tsui                          |   | Dated: | August 13, 2010 |
|   |   | Andy Tsui                              |   |   |                 |
| Title: |   | Chief Accounting Officer               |   |   |                 |

 

 

This certification is madesolely for the purposes of 18 U.S.C. Section 1350, subject to theknowledge standard contained therein, and not for any other purpose.

 

----
#### LAWSON ENVIRONMENTAL SERVICES, LLC, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee

2016-2146

United States Court of Appeals, Federal Circuit.

March 10, 2017

Theodore Patrick Watson, Watson *&*Associates, LLC, Aurora, CO, argued for plaintiff-appellant. Also represented by Wojciech Kornacki.

Michael D. Snyder, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Benjamin C. Mizer, Robert E. Kirschman, Jr., Douglas K. Mickle; Christopher McClintock, United States Small Business Administration, Washington, DC.

(Lourie, Reyna, and Stoll, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
**EXHIBIT      32.1**

**CERTIFICATION      PURSUANT TO **

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| 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 result of operations of the              Company. |
|----------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/                Mark R. Newburg                                                                                          | Dated: | December                9, 2005 |
|--------|-----------------------------------------------------------------------------------------------------------------------------|--------|---------------------------------|
|   | Mark                R. Newburg                                                                                              |   |                            |
| Title: | President,                Chief Executive Officer                and Treasurer (Principal                Executive Officer) |   |                            |
|   |                                                                                                                        |   |                            |
| By:    | /s/                Arnaldo F. Galassi                                                                                       | Dated: | December                9, 2005 |
|   | Arnaldo                F. Galassi                                                                                           |   |                            |
| Title: | Chief                Financial Officer and Secretary (Principal Financial                Officer)                           |   |                            |
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 12

- 15272 Non

- Argument Calendar

________________________ D.C. Docket No. 1:11

- cr
- 000 41

- SPM

- GRJ

- 1 UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus
ERIC PAUL SANDBERG , Defendant

- Appellant.

__________________________ Appeal from the Unit ed States Distri ct Court for the Northern District of Florida

_________________________ (June 27, 2013)
Before MARCUS, JORDAN and KRAVITCH, Circuit Judges
PER CURIAM:
Chet Kaufman , appointed counsel for Eric Paul Sandberg in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Ander s v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that

Case: 12-15272 Date Filed: 06/27/2013 Page: 1 of 22 counsel = s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit,
counsel = s motion to withdraw is GRANTED , and Sandberg = s conviction and

sentence are AFFIRMED

.

Case: 12-15272 Date Filed: 06/27/2013 Page: 2 of 2
#### In the Matter of the Claim of Margaret M. Crumpacker, Appellant, against Batavia Times Publishing Co., et al., Respondents.

Submitted February 23, 1943;

decided April 8, 1943.

*Abraham J. Halprin*and *Sidney R. Rossiter*for appellant.

*William B. Davis*and *E. C. Sherwood*for respondents.

Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.
Exhibit 23.1





Consent of Independent Registered Public Accounting Firm




Board of Directors


Elephant Talk Communications, Inc.




We hereby consent to the incorporation by reference in the Registration Statements on Form S-­8 (No. 333-135971) of Elephant Talk Communications, Inc. of our reports dated March 31, 2010 and April 15, 2009, relating to the consolidated financial statements and financial statement schedules, which appear in this Form 10-K.Our report contains an explanatory paragraph regarding the Company’s ability to continue as a going concern.





/s/ BDO USA, LLPBDO USA, LLP(Formerly known as BDO Seidman, LLP)New York, New YorkMarch 30, 2011




BDO USA, LLP, a New York limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms.





BDO is the brand name for the BDO network and for each of the BDO Member Firms.
Yohandry RODRIGUEZ, Appellant, v. ELITE FLOWER SERVICES, INC., et al., Appellees.

No. 3D17-2660

District Court of Appeal of Florida, Third District.

Opinion filed May 30, 2018

Kaplan & Miller, P.A., and Eli Kaplan ; The Haggard Law Firm, and James C. Blecke, for appellant.

Pozo-Diaz & Pozo, P.A., and Rosalind R. Milian and Peter A. Miller, for appellees.

Before EMAS, SCALES and LUCK, JJ.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial information extracted from SEC
     Form 10-Q and is qualified in its entirety by reference to such financial
     statements as of and for the three months ended March 31, 1999.
</LEGEND>
<CIK>                         0000883946
<NAME>                        TREEV INC
<MULTIPLIER>                               1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           2,642
<SECURITIES>                                         0
<RECEIVABLES>                                   10,985
<ALLOWANCES>                                    (1,204)
<INVENTORY>                                        844
<CURRENT-ASSETS>                                13,949
<PP&E>                                           7,433
<DEPRECIATION>                                  (6,092)
<TOTAL-ASSETS>                                  19,164
<CURRENT-LIABILITIES>                           13,071
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                       6,059
<TOTAL-LIABILITY-AND-EQUITY>                    19,164
<SALES>                                          5,530
<TOTAL-REVENUES>                                 5,530
<CGS>                                            3,457
<TOTAL-COSTS>                                    3,457
<OTHER-EXPENSES>                                 3,981
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   1
<INCOME-PRETAX>                                 (1,910)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (1,910)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,910)
<EPS-BASIC>                                      (0.18)
<EPS-DILUTED>                                    (0.18)



</TABLE>
#### Christina Natalia KURNIAWAN, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 13-74105

United States Court of Appeals, Ninth Circuit.

Submitted December 14, 2016 *

Filed December 22, 2016

Gihan L. Thomas, Esquire, Attorney, Law Offices of Gihan Thomas, Los Ange-les, CA, for Petitioner

James A. Hurley, Attorney, OIL, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Christina Natalia Kurniawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. *Wakkary v. Holder,*558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the agency’s conclusion that the incidents of harm Kurniawan experienced in Indonesia, even considered cumulatively, did not rise to the level of persecution. *See id.*at 1059-60; *Halim v. Holder,*590 F.3d 971, 975-76 (9th Cir. 2009) (applicant who was stripped, spat on, threatened, and denied medical attention as a child, wrongfully detained by police, and beaten by a mob did not establish past. persecution). Substantial evidence also supports the agency’s determination that, even under a disfavored group analysis, Kurniawan failed to demonstrate a sufficient individualized risk of harm to establish a well-founded fear of future persecution. *See Halim,*590 F.3d at 977-79. We reject Kurniawan’s contention that the agency applied an incorrect legal standard in analyzing her individual risk of harm. *See id.*Thus, we deny the petition as to Kurniawan’s asylum claim.

Because Kurniawan did not establish eligibility for asylum, she necessarily failed *976to establish eligibility for withholding of removal. *See Zehatye v. Gonzales,*453 F.3d 1182, 1190 (9th Cir. 2006).

Finally, substantial evidence supports the agency’s denial of Kurniawan’s CAT claim because she failed to show that it is more likely than not that she would be tortured by or with the consent or acquiescence of the government if returned to Indonesia. *See Silaya v. Mukasey,*524 F.3d 1066, 1073 (9th Cir. 2008). The record does not support Kuniawan’s contentions that the agency failed to adequately review the evidence. *See Najmabadi v. Holder,*597 F.3d 983, 990-91 (9th Cir. 2010). Thus, we deny the petition as to Kurniawan’s CAT claim.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.