alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Reversed and Rendered and Majority and Concurring Opinion s filed

December 20 , 2018.

In The



## Fourteenth Court of Appeals

NO. 14- 17 -00213- CV

CARGOTEC CORP., MACGREGOR USA, LNC. AND CARGOTEC USA, INC., Appellants

V. LOGAN INDUSTRIES, Appellee

On Appeal from the 506th Judicial District Court

Waller County, Texas Trial Court Cause No. 12- 12 -21726

C O N C U R R I N G O P I N I O N I write separately to address damages. I agree with the majority that Logan failed to present evidence that its damages were caused by Cargotec. I do not agree that Logan’s expert, Robert Hancock, failed to present evidence to support his opinions as to Logan’s lost profits.
The majority states that “[b]ecause Hancock’s calculations are predicated on2

speculative and unsupported gross profit goals contained in Logan’s business plan,” Hancock’s testimony is unreliable and no evidence of damages. I disagree with Cargotec’s characterization that Hancock’s opinions “rested entirely” on Logan’s gross profit goals. I similarly disagree with the weight given by the majority to the gross profit goals.
Hancock testified that the scope of his review included, in addition to the business plan, Logan’s tax returns, hundreds, if not thousands, of pages of financial statements, the employee roster, and historical records. Hancock also interviewed Logan’s management team and conducted outside economic and industry research. As to the business valuation, Hancock testified that he did not look at projections exclusively. He also looked at current financial conditions. He also testified that there is nothing wrong with using management projections of future profits if they can be substantiated: “You just don’t blindly take [management projections] and say, (snaps fingers), ‘Here you are.’ That’s just math. There’ s a thought process that goes behind that, the math. ” See VingCard A.S. v. Merrimac Hosp. Sys., Inc. , 59 S.W.3d 847, 863

- 64 (Tex. App.—Fort Worth 2001, pet. denied) (holding expert’s projections were not speculative because they were based on objective facts, figures, and data in light of expert’s many years of experience and plaintiff’s customer base and marketing capabilities). In response to the question “Did you, in this case, just blindly take management projections in reaching your opinions concerning lost profits and lost business value?” he answered, “No.”
Based on Hancock’s testimony presented at trial, I cannot join the majority in concluding that Hancock’s lost profit damages valuation is predicated entirely on bare assumptions of projected profits in Logan’s business plan. I would conclude that Hancock’s testimony provides some evidence that would support a jury finding of lost profits. See ERI Consulting Eng’rs, Inc. v. Swinnea , 318 S.W.3d 867, 8773

(Tex. 2010) (“ [U]ncertainty as to the fact of legal damages is fatal to recovery, but uncertainty as to the amount will not defeat recovery.”) (quoting Sw. Battery Corp.
v. Owen , 131 Tex. 423, 428, 115 S.W.2d 1097, 1099 (1938)). For this reason, I

concur.

/s/ Mart ha Hill Jamison Justice

Panel consists of Justices Jamison, Wise, and Jewell ( Wise , J., majority )

.
Exhibit 32.2

                            MICROPAC INDUSTRIES, INC.

                             CERTICATION 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 of Micropac  Industries,  Inc.  (the
"Company") on Form 10-QSB for the period ending  February 28, 2004 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Patrick Cefalu, CFO 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 fairly  presents,  in all material
     respects, the financial condition and results of operations of the Company.


 /s/ Patrick Cefalu
-----------------------------
Patrick Cefalu, CFO
(Principal Financial Officer)
Exhibit 99.1


                            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 of Scottish Annuity & Life Holdings,
Ltd. (the "Company") on Form 10-Q for the period ending June 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Michael C. French, Chief Executive 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 fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

/s/ Michael C. French


Michael C. French
Chief Executive Officer
August 6, 2002
# Document Details

Westar Marine Services

Document ID: USCG-2001-10486-0261 Document Type: Public Submission

This is comment on 

### Notice : Standards for Living Organisms in Ships' Ballast Wa ter Discharged in U.S. Waters; Draft Programmatic Environmental Impact Statement (Federal Register Publication)

Docket ID: USCG-2001-10486 RIN: 1625-AA32 Topics: No Topics associated with this document

View Document:

Westar Marine Services wishes to comment on Docket USCG-2001-10486 regarding the 28 August 2009 notice of proposed rulemaking o n Ballast Water Treatment Standards. Westar owns and operates 18 tu gboats, 8 crew boats, and 18 barges in the San Francisco Bay a rea. On rare occasions, we may have to ballast a de ck barge using municipal (potable) water, an d thus we may be affected by these regul ations. Westar is an active member of the American Waterways Operator s which is the national trade association for the tug and barge in dustry. We fully support the comments submitted by the American Waterway s Operators regarding this docket. Our deck barges that would b e affected by these proposed regulations do not have ballast pipi ng or pumps installed. They are filled and emptied with potable water using hoses and portable pumps. We do not know of any ballast water treatment systems that are designed for this type of use. In our opinion, the chances of introducing an invasive species with potable wate r used as ballast are nil. For our situation, any required ball ast water treatment system would be worthless and a waste of scare resource s for a low-margin company. We are very concerned with regulat ory initiatives that mandate equipment that is not available in the marine marketplace. These regulations impose an economic burden on a company such as ours with no corresponding environmental benefit. This opinion is based both on practical experience with barge operations and on common sense. We also believe that the Coast Guard has not adequately assessed the costs and effects that the se regulations will have on individual companies or the entire tu gboat and barge industry. We recommend that the Coast Guard follo w the recommendations provided by the American Waterways Operators in their comments to this docket. 

### Show Details 

# Page 1 of 1 Docket Folder Summary

11/10/2011 htt p ://www.re g ulations. g ov /
#### Teresa Patterson, Appellant, v New York City Transit Authority et al., Respondents.

[55 NYS3d 43]

Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 4, 2017, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when a white truck crossed near the bus on which she was riding, the bus driver braked, and the alleged stop caused her arm to twist and hit the pole that she was holding on to as she stood on the bus. Defendants submitted evidence showing that the bus was just pulling out of the bus lane when the alleged stop occurred due to traffic, and there was nothing extraordinary or violent about the stop under the circumstances.

In opposition, plaintiff failed to raise a triable issue of fact. The bus driver’s deposition testimony submitted by plaintiff established that the bus was traveling at three to five miles per hour, and the bus driver applied the brakes when a white truck suddenly made a turn in front of the bus. In response, plaintiff failed to provide “objective evidence of the force of the stop sufficient to establish an inference that the stop was extraordinary and violent, of a different class than the jerks and jolts commonly experienced in city bus travel and, therefore, attributable to the negligence of defendant” *(Urquhart v New York City Tr. Auth.,*85 NY2d 828, 830 [1995]; *see Pfleshinger v Metropolitan Transp. Auth.,*137 AD3d 516 [1st Dept 2016]). Plaintiff’s affidavit, which contradicted her section 50-h hearing testimony, created a feigned issue of fact, by *520asserting that the bus failed to yield to the white truck *(see Mermelstein v East Winds Co.,*136 AD3d 505 [1st Dept 2016]).

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Acosta, P.J., Renwick, Richter, Feinman and Webber, JJ.
# Ross selected to serve as DLA Distribution’s director of Acquisition Operations

/ Published Aug. 9, 2021
NEW CUMEBRLAND, Pa., 
Meg Ross was selected Aug. 2 to serve as Defense Logistics Agency Distribution’s director of Acquisitions Operations. Ross has been serving as chief of contracting for the Acquisitions Operations Directorate since June 2017, where she led her team members in fulfilling all acquisition requirements in support of DLA Distribution.

Prior to her career in DLA, Ross served as a contract specialist for Naval Inventory Control Point in Mechanicsburg, Pennsylvania, from July 1999 to July 2003. In July 1999, she was hired as a contract specialist for the Department of the Navy as an Outstanding Scholar through the Acquisition Intern Program. She graduated from the program in Aug. 2002 and was placed in a permanent position with the Naval Inventory Control Point in Mechanicsburg in Aug. 2002.

Ross began her DLA career as a contract specialist for DLA Distribution in July 2003. She worked as a contract specialist until 2004, where she awarded and administered contracts for supplies and services in support of the DLA Distribution mission From May 2004 to March 2006, Ross served as a procurement analyst for DLA Distribution where she developed and issued local policies and procedures to support and implement procurement rules and regulations and maintained and updated local policies.

In March 2006, Ross served as a contracting officer and team lead for the Information Technology team within the DLA Distribution Acquisition Operations Directorate. She held this position until Nov. 2007, where she then became the supervisory contract specialist and contracting officer at DLA Distribution. She held this position until June 2017.

Ross is a graduate of Frostburg State University in Frostburg, Maryland, and holds a Bachelor of Science degree. She has also been a member of Defense Acquisition Corps since 2017.

She has received multiple awards throughout her federal career including the DLA Humanitarian Award 2015 and 2016; DLA Distribution Employee of the Quarter, 2015; DLA Acquisition Excellence Award (Team Award) Excellence in Contract Administration, 2014; and DLA Distribution Acquisition Supervisor of the Year, 2013.
No. 10-5288.

#### Phillip Wayne Green, Petitioner v. United States.

562 U.S. 913, 131 S. Ct. 271,

178 L. Ed. 2d 179,

2010 U.S. LEXIS 7246.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 599 F.3d 360.
# DLA Energy supports relief efforts in Nepal

/ Published May 15, 2015
Nepal,
# DLA Aviation’s Customer Operations employees celebrate at Parker Pond in Richmond

/ Published May 31, 2023
RICHMOND, Va., 
Defense Logistics Agency Aviation’s Customer Operations Directorate held an organization picnic at Defense Supply Center Richmond, Virginia’s Parker Pond, May 25. More than 200 directorate employees turned out for a town hall and opportunity to enjoy some good food provided by directorate supervisors and leadership teams, play fun games, and take time to join in camaraderie and team building.

The town hall was highlighted by observance of several personal recognitions such as junior non-commissioned officer, company grade officer, and field grade officer of the quarter awards, medium and large team member awards, three 35-year service awards, and one 40-year service award.

“This event was a way for our leadership team to say thank you to our local employees and come together for the first time in this large of a group in several years.” Willison said.  “The turn-out was fantastic, our leadership team had fun putting this on, and it appears our employees had fun.”

Festivities included plenty of food, corn hole, lawn-sized beer pong (minus the beer), and card games at several tables.
##### 



CERTIFICATION
OF
CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q/A for the three and nine month periods
ended September 30, 2007 of AMERIGROUP Corporation;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 periods covered by this
report;3.
    
    [Omitted].4.
    
    [Omitted].5.
    
    [Omitted].
 Paragraphs 3 through 5, omitted here, are included in Exhibit 31.1 to the Quarterly Report on
Form 10-Q filed by AMERIGROUP Corporation on November 2, 2007.
 Date:
    
    December 21, 2007
    
    
    
    /s/ JAMES G. CARLSONJames G. CarlsonPresident and Chief Executive Officer
[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16911]


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

NUCLEAR REGULATORY COMMISSION


Utility/NRC Interface Licensing Workshop

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of meeting.

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

SUMMARY: The Nuclear Regulatory Commission and the American Nuclear 
Society (ANS) are co-sponsoring a workshop involving senior NRC staff 
and key licensing officials representing the nuclear industry. The 
purpose of the meeting is to provide a forum for constructive dialogue 
on a number of important licensing issues. The workshop will consist of 
three sessions; each session will consist of three separate working 
groups discussing one of the following topics: (1) Communications 
between NRR Projects and Industry, (2) Licensing Submittals and 
Expectations, (3) Licensing Restart Issues after Prolonged Outages, (4) 
Notice of Enforcement Discretion, (5) Project Management Workload and 
Prioritization of Licensing Actions, (6) Using PRA in Licensing 
Decisions, (7) Public Interaction, (8) Standard Technical 
Specifications, and (9) Commitment Management. The working groups will 
be co-facilitated by NRC and industry experts and will report back to 
the entire group following each session. The meeting is open to the 
public and all interested parties may attend. The fees for ANS members 
are $375 and the fees for nonmembers are $425. Please contact Dave 
Slaninka of ANS at (708) 579-8255 for additional information regarding 
registration and fees.
    Dates: July 20, 1998, from 7:00 a.m. to 5:30 p.m.; July 21, 1998, 
from 8:00 a.m. to 3:00 p.m.
    Location: Bethesda Marriott Hotel, 5151 Pooks Road, Bethesda, 
Maryland 20814, Telephone (301) 897-9400, Toll Free (800) 228-9290.

FOR FURTHER INFORMATION CONTACT:

Marsha Gamberoni, Mail Stop O-13-H3, U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, MD 20852-2738; Telephone: 
(301) 415-3024; Internet: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a0edebe7e0eef2e38ee7eff6">[email protected]</a>
      or
Jeff Jeffries, Paradigm Consulting, 104 Torrey Pines Dr., Cary, NC 
27513; Telephone: (800) 481-4508; Internet: 
<a href="/cdn-cgi/l/email-protection#c3a9a7a6a9a6a5a5b1aaa6b083b4acb1afa7ada6b7eda2b7b7edada6b7"><span class="__cf_email__" data-cfemail="f19b95949b94979783989482b1869e839d959f9485df908585df9f9485">[email protected]</span></a>

    Dated at Rockville, Maryland the 16th day of June 1998.

    For the Nuclear Regulatory Commission.
Bruce A. Boger,
Acting Associate Director for Projects, Office of Nuclear Reactor 
Regulation.
[FR Doc. 98-16911 Filed 6-24-98; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 32

            CERTIFICATION BY CHIEF EXECUTIVE OFFICER AND ACTING CHIEF
                                FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with quarterly report on Form 10-QSB/A of Distribution Management
Services, Inc. (the "Company") for the quarter ended August 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Leo Greenfield, Chief Executive Officer and acting Chief Financial Officer of
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 the best of my knowledge

(1) The Report containing the financial statements 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.

May 24, 2004
                                        /s/ Leo Greenfield
                                            --------------
                                            Leo Greenfield,
                                            Chief Executive Officer and
                                            Acting Chief Financial Officer
No. 10-5071.

#### Janice Love Craven, Petitioner v. Court of Appeals of Texas, Second District.

562 U.S. 902, 131 S. Ct. 237,

178 L. Ed. 2d 157,

2010 U.S. LEXIS 6139.

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of Texas denied.
# C_2015026EN.01004302.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/43 |
| --- | --- | --- | --- |

26.1.2015

EN

Official Journal of the European Union

C 26/43

---

Judgment of the Civil Service Tribunal (Third Chamber) of 3 December 2014 — DG v ENISA

(Case F-109/13) (1)

1

((Civil service - Temporary staff - Termination of contract - No statement of reasons - Failure to comply with the reports procedure - Manifest error of assessment))

(2015/C 026/56)

Language of the case: English

Parties

Parties

Applicant: DG (represented by: L. Levi and A. Tymen, lawyers)

Applicant:

Defendant: European Union Agency for Network and Information Security (represented initially by P. Empadinhas, acting as Agent, and by C. Meidanis, lawyer, and subsequently by P. Empadinhas and S. Purser, acting as Agents, and by C. Meidanis, lawyer)

Defendant:

Re:

Re:

Application to annul the decision to dismiss the applicant, to order her reinstatement and the payment of the financial benefits that should have been paid to her from the end of her contract, after deduction of any income received during the same period, together with interest calculated at 3 points above the rate fixed by the ECB, and for compensation for the non-material damage allegedly suffered.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1) | Dismisses the action. |
| --- | --- |

1)

Dismisses the action.

| 2) | Declares that DG is to bear her own costs and orders her to pay the costs incurred by the European Union Agency for Network and Information Security. |
| --- | --- |

2)

Declares that DG is to bear her own costs and orders her to pay the costs incurred by the European Union Agency for Network and Information Security.

---

(1)  OJ C 15, 18.1.2014, p. 21.

1

---
CERTIFICATE OF AMENDMENT

                                     OF THE

                          CERTIFICATE OF INCORPORATION

                                       OF

                                COMPU-DAWN, INC.

                         (Pursuant to Section 242 of the
                      General Corporation Law of Delaware)

     COMPU-DAWN,  INC., a corporation  organized and existing under the Delaware
General Corporation Law (the "Corporation"), DOES HEREBY CERTIFY:

     FIRST:  The  Certificate  of  Incorporation  of the  Corporation  is hereby
amended  to change the name of the  Corporation  and to  increase  the number of
Common Shares that the Corporation shall be authorized to issue.

     SECOND: Article I of the Certificate of Incorporation of the Corporation is
hereby  amended to read in its  entirety as follows:

                                   "ARTICLE I

     The name of the corporation is "MyTurn.com,  Inc." (hereinafter referred to
     as the "Corporation")."

     THIRD:  Paragraph (a) of Article IV of the Certificate of  Incorporation of
the  Corporation is hereby  amended to read in its entirety as follows:

          (a) The  aggregate  number of shares  of stock  which the  Corporation
          shall have authority to issue is 61,000,000,  of which  60,000,000 are
          shares  of  Common  Stock,  with a par  value of $.01 per  share,  and
          1,000,000 are shares of Preferred Stock,  with a par value of $.01 per
          share."



<PAGE>

     FOURTH:  The foregoing  amendments were duly adopted in accordance with the
provisions  of  Section  242 of the  General  Corporation  Law of the  State  of
Delaware.

     IN WITNESS  WHEREOF,  the President of the Corporation has hereunto set his
hand to this Certificate this 20th day of January, 2000.

                                       COMPU-DAWN, INC.

                                       By: /s/  Paul K. Danner
                                          ---------------------------------
                                          Paul K. Danner
                                          Chief Executive Officer


<PAGE>
Exhibit 32.1

Certification of Principal Executive Officer
Required by Rule 13a-14(b) or 15d-14(b)
of the Exchange Act

In connection with the Quarterly Report of Advanstar, Inc. (the "Company") on Form 10-Q for the three months ended June 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph Loggia, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge,:

|                      |  | By: |  | /s/JOSEPH LOGGIAJoseph Loggia Chief Executive Officer
|--------------------- |  | --- |  | -----------------------------------------------------
|Date: August 16, 2004 |  |     |  |                                                      

---



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