alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bret FOX, Plaintiff—Appellant, v. CITADEL COMMUNICATIONS CORPORATION, a Nevada corporation, Defendant—Appellee.

No. 03-35310.

D.C. No. CV-01-00306-JE.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 6, 2004.

Decided May 14, 2004.

Richard C. Busse, Scott N. Hunt, Busse & Hunt, Portland, OR, for Plaintiff-Appellant.

Timothy S. Coon, Jill M. Szafranski, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Donald H. Pyle, Paul M. Ostroff, Lane Powell Spears Lubersky, LLP, Portland, OR, for Defendant-Appellee.

Before REINHARDT, SILVERMAN, and CLIFTON, Circuit Judges.

MEMORANDUM *

Bret Fox appeals the district court’s summary judgment, dismissing his claim for intentional and reckless misrepresentation against his former employer Citadel Communications Corporation. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review de novo a district court’s grant of summary judgment. *Universal Health Servs., Inc. v. Thompson,*363 F.3d 1013, 1019 (9th Cir.2004). Where there must be clear and convincing evidence, a genuine issue of material fact exists only if a jury applying that standard could reasonably find for the plaintiff. *Suzuki Motor Corp. v. Consumers Union of United States, Inc.,*330 F.3d 1110, 1131-32 (9th Cir.), *cert. denied,*— U.S.-, 124 S.Ct. 468, 157 L.Ed.2d 373 (2003).

Fox was required to come forward with clear and convincing evidence: (1) that there was a false representation; (2) that it was made with the knowledge of, belief of, or reckless indifference to it being false; (3) that it was made intending that he would rely on it; (4) that he actually and justifiably relied on it; and (5) that he suffered damages as a direct consequence of this reliance. *See Webb v. Clark,*274 Or. 387, 546 P.2d 1078, 1080 (1976). This “evidence must be free from confusion ... [and] ... the truth of the facts asserted must be highly probable.” *Riley Hill General Contractor, Inc. v. Tandy Corp.,*303 Or. 390, 737 P.2d 595, 605 (1987).

Without reaching the other elements *of*his proof, we hold that Fox failed to present sufficient evidence that he suffered concrete damages. The proffered evidence that he lost an employment opportunity that would have been financially beneficial to him was inadequate to support a jury verdict on that question. The general discussion Fox had about a possible investment in a car dealership was nothing more than that. It lacked the specific terms and definiteness required of a true offer, and thus the specificity necessary to establish actual damages.

AFFIRMED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Exhibit 32.2

SECTION 1350 CERTIFICATION

I, Robert K. Mills, Chief Financial Officer of Tri-S Security Corporation (the
Company), do hereby certify in accordance with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | 1. | The Annual Report on Form 10-K of the Company for the period ended December 31, 2006 (the Periodic Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§78m or 78o(d)), except that the Periodic Report does not contain the separate audited financial statements of Army Fleet Support, LLC for the years
ended December 31, 2006, 2005 and 2004, as required by Form 10-K and Rule 3-09 of Regulation S-X; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                        
|--------------------- |  | -----------------------
|Dated: March 28, 2007 |  |                        
|                      |  | /s/ Robert K. Mills    
|                      |  | Robert K. Mills,       
|                      |  | Chief Financial Officer
L.M. v. G.S. and S.S.

2150920

Court of Civil Appeals of Alabama.

January 25, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
v237484_ex10-20 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing
[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Page 17995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8929]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,369]


Ethan Allen Operations, Inc., Case Goods Division, Andover, ME; 
Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 25, 2009 in response to a 
worker petition filed by a company official on behalf of workers of 
Ethan Allen Operations, Inc., Case Goods Division, Andover, Maine. 
Workers at the subject firm manufacture wood furniture.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 27th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-8929 Filed 4-17-09; 8:45 am]
BILLING CODE 4510-FN-P
EXHIBIT 10.45 CHANGE-IN-CONTROL BONUS PLAN FOR CEO AND COO VINCERA, INC. ADOPTED MARCH 2007  1.) The CEO and COO bonus structure for acquisition of the company is as follows: 1. If the company is acquired for less than $25 million, there will be no bonus for CEO and COO; 2. If the company is acquired for $25 million or more but less than $50 million, the bonus will be one percent (1%) of the acquisition amount to each of the CEO and COO; or 3. If the company is acquired for $50 million or more, the bonus will be two percent (2%) of the acquisition amount to each of the CEO and COO. 2.) The bonus would be paid in the same form of consideration received in connection with the transaction  if a cash transaction, then the bonus will be paid in cash, etc. 3.) If the CEO or COO voluntarily terminate their employment or are terminated with cause (defined below), prior to the closing of an acquisition as described above, such executive shall not be eligible for the bonus. 4.) If the company is acquired and the resulting per share amount is less than $0.50 per share no bonus will be paid to the CEO or COO. 5.) In the event the Company terminates the employment of the CEO or COO without cause, then the CEO or COO will be eligible for the bonus in the event an acquisition closes on or before six (6) months after the termination without cause. 6.) This bonus plan is binding and may not be amended by the Company without the prior consent of the CEO and COO, subject to each being employed by the Company at the time of any proposed amendment. 7.) Cause shall mean;  (i) any material breach of the Proprietary Information and Inventions Agreement between the executive and the Company, or any other written agreement between the executive and the Company, if such breach causes material harm to the Company; (ii) any material failure to comply with the Companys written policies or rules, as they may be in effect from time to time during the executives employment, if such failure causes material harm to the Company; (iii) commission, conviction of, or a plea of guilty or no contest to, a felony under the laws of the United States or any State; (iv) the executive, in carrying out his duties to the Company, has been guilty of willful misconduct causing material harm to the Company and, after receiving written notice to such effect, has failed to correct such neglect or misconduct within 15 days thereof.    1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-END>                    JUN-30-1997
<CASH>                              5,156
<SECURITIES>                            0
<RECEIVABLES>                       6,998
<ALLOWANCES>                            0
<INVENTORY>                         8,092
<CURRENT-ASSETS>                   23,266
<PP&E>                          1,085,785
<DEPRECIATION>                    742,613
<TOTAL-ASSETS>                    368,969
<CURRENT-LIABILITIES>              28,645
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                0
<OTHER-SE>                              0
<TOTAL-LIABILITY-AND-EQUITY>      368,969
<SALES>                           116,325
<TOTAL-REVENUES>                  116,325
<CGS>                              33,913
<TOTAL-COSTS>                      34,225
<OTHER-EXPENSES>                      544
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                     35
<INCOME-PRETAX>                    81,759
<INCOME-TAX>                       52,979
<INCOME-CONTINUING>                28,780
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                       28,780
<EPS-PRIMARY>                           0
<EPS-DILUTED>                           0
        

</TABLE>
<PAGE>

                                  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

Each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this
Quarterly Report on Form 10-Q for the quarter ended September 30, 2003 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, and the information contained in such report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

This 14th day of November, 2003


/s/ David D. Stovall
---------------------------
Chief Executive Officer

/s/ Annette Banks
---------------------------
Chief Financial Officer

..
##### 



Exhibit 10.7
  PERSONAL AND CONFIDENTIAL




---



##### 



A.
    
    In consideration of the services that Alare has agreed to perform, upon
execution of this Agreement, the Company will pay Alare ten thousand dollars ($10,000)
for Alares work during the first ninety (90) days of this Agreement. Following the
expiration of the first ninety (90) days, and the Company have successfully raised a
minimum of $1,500,000, the Company will pay ten thousand dollars ($10,000) at the
beginning of each month for the duration of the Term of this Agreement. In addition
for providing these Services, TKNK shall pay ALARE $120,000 in the form of
unregistered shares of common stock (141,176 shares) upon the execution of this
Corporate Finance and Consulting Agreement. I1I2h of the shares (11,765) shall vest
each month during the term of this Agreement. One year holding period starts on the
day the shares are issued.B.
    
    In the event that this Agreement is terminated, any unvested shares as of the
termination date will be returned to TKNK.C.
    
    In consideration for the services to be provided herein, TKNK agrees that it
will remit the agreed-upon stock certificate within five (5) days of both parties
executing this Agreement.
      A.
    
    Governing Law; Venue. This Agreement shall be governed and construed in
accordance with the internal laws of the State of Arizona, without any references to
its conflicts of law principles, and the courts of the State of Arizona shall have
exclusive jurisdiction over any matters arising pursuant to this Agreement. The
parties intend for this forum selection clause to be mandatory.




---



##### 



B.
    
    Entire Understanding. This Agreement contains the entire understandings
between the Company and Alare with reference to the subject matter hereof and
supersedes any prior understandings and agreements related thereto, whether
written or oral. This Agreement may be executed in one or more counterparts, which
together shall constitute a binding agreement. A signed facsimile will create and
constitute an original, legally binding agreement on the party sending the same.C.
    
    Amendment. This Agreement can only be amended by a written document
signed by both parties.D.
    
    Cost of Obtaining Benefits. The prevailing party shall reimburse the
losing party for any legal fees, retainers, and expenses incurred by the
prevailing party in obtaining the benefits to which it is entitled under the terms
of this Agreement.E.
    
    Severability. If any provisions of this Agreement, or the application
of such provision to any person or circumstance, shall be held invalid, the
remainder of this Engagement Letter, or the application of such provisions to
persons or circumstances other than those to which it is held invalid, shall not
be affected thereby.F.
    
    Headings. The text in the headings of paragraphs and subparagraphs of
this Agreement are for convenience of identification only and do not constitute a
part of any such paragraph and/or subparagraph.
    By:Troy L. AndersonSenior Managing Director
 
 By:John WardChief Executive Officer
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 Amendment on Form 10-K/A to the Annual Report on Form 10-K
of Pharma-Bio Serv, Inc. (the “Company”) for the fiscal year ended October 31,
2008 as filed with the Securities and Exchange Commission on the date hereof
(the “report”), the undersigned, Elizabeth Plaza, the Chief Executive Officer of
the Company, and Pedro J Lasanta, Chief Financial Officer of the Company, each
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that to our knowledge:




1.
              The
      report fully complies with the requirements of Section 13(a) or Section
      15(d) of the Securities Exchange Act of 1934, as amended;
    and2.
              The
      information contained in the report fairly presents, in all material
      respects, the financial condition and results of operation of the
      Company.





Dated:
March 2, 2009




/s/
      Elizabeth Plaza
              
              /s/ Pedro J. LasantaElizabeth
      Plaza
              
              Pedro
      J. LasantaPresident
      and Chief Executive Officer
              
              Chief
      Financial Officer




This
certification accompanies the Form 10-K to which it relates, is not deemed filed
with the Securities and Exchange Commission and is not to be incorporated by
reference to any filing of Pharma-Bio Serv, Inc. under the Securities Act of
1933, as amended, or the Securities Exchange Act of 1934, as amended (whether
made before of after the date of the Form 10-K), irrespective of any general
incorporation language contained in such filing.
Terrence THOMAS, Appellant, v. STATE of Florida, Appellee.

No. 4D16-2412

District Court of Appeal of Florida, Fourth District.

[March 8, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2762 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2762

 To extend and modify the temporary suspension of duty on mixtures of 
                 tris(4-isocyanatophenyl)thiophosphate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

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

_______________________________________________________________________

                                 A BILL

 
 To extend and modify the temporary suspension of duty on mixtures of 
                 tris(4-isocyanatophenyl)thiophosphate.

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

SECTION 1. POLYISOCYANATE CROSSLINKING AGENT PRODUCTS CONTAINING 
              TRIS(4-ISOCYANATOPHENYL)THIOPHOSPHATE.

    (a) In General.--Heading 9902.12.17 of the Harmonized Tariff 
Schedule of the United States (relating to mixtures of tris(4-
isocyanatophenyl)thiophosphate) is amended--
            (1) by striking the article description and inserting the 
        following: ``Polyisocyanate crosslinking agent products 
        containing tris (4-isocyanatophenyl)thiophosphate (CAS No. 
        4151-51-3) (provided for in subheading 3824.90.28)''; and
            (2) by striking the date in the effective period column and 
        inserting ``12/31/2015''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this Act.
                                 <all>
```
---

Exhibit 16

CONSENT

Each of the undersigned hereby consents to the use of its name
and references to, and the use of information derived from, the technical report
dated September 10, 2009 entitled Pampa El Toro Mineral Resource Technical
Report in the following documents, which are being filed as exhibits to and
incorporated by reference into the annual report on Form 40-F of Cardero
Resource Corp. (the Company) being filed with the United States Securities and
Exchange Commission and which is being incorporated by reference into the
registration statement on Form S-8 (No. 333-151385) of the Company:

| | 1. | The Companys annual information form for the fiscal year ended
      October 31, 2010; and         
| | -- | ----------------------------------------------------------------------------------------------------
| |    |                                                                                                     
| | 2. | The Companys managements discussion and analysis for the
      fiscal year ended October 31, 2010.

|                                     |                         
|------------------------------------ | ------------------------
|                                     |                         
|DATED January 28, 2011               |                         
|                                     |                         
|Holland and Holland Consultants (UK) | (signed) Leonard Holland
|                                     | Leonard Holland         
|Per: (signed) Leonard Holland        |                         
|Name: Leonard Holland                |                         
|Title: President                     |                         

---
Exhibit 32.1CERTIFICATION(Not filed pursuant to the Securities Exchange Act of 1934)     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, the undersigned, Larry C. Oldham, the President and Chief Executive Officer ofParallel Petroleum Corporation (“Parallel”), hereby certifies that the Quarterly Report on Form10-Q/A of Parallel for the quarter ended March 31, 2005 fully complies with the periodic reportingrequirements of the Securities Exchange Act of 1934, as amended, and the information contained inthat Form 10-Q/A Report fairly presents, in all material respects, the financial condition andresults of operations of Parallel.Dated: August 22, 2005              /s/ Larry C. Oldham   Larry C. Oldham,   President and Chief Executive Officer        A signed original of this written statement required by Section 906 has been provided toParallel Petroleum Corporation and will be retained by Parallel Petroleum Corporation and furnishedto the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Registrant is a limited partnership which invests in real estate and real
estate joint ventures.  In accordance with industry practice, its balance
sheet is unclassified.  For full information, refer to the accompanying
unaudited financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-30-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                      33,348,325
<SECURITIES>                                         0
<RECEIVABLES>                                  296,363
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              72,861,763<F1>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  71,802,566<F2>
<TOTAL-LIABILITY-AND-EQUITY>                 1,059,197<F3>
<SALES>                                              0
<TOTAL-REVENUES>                            24,788,188<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             7,105,566
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             17,682,622
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         17,682,622
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                17,682,622
<EPS-PRIMARY>                                    98.28<F5>
<EPS-DILUTED>                                        0
<FN>
<F1>In addition to cash and receivables, total assets include net investments
in real estate of $34,873,653, investment in joint venture of $2,646,111, net
deferred leasing commissions of $668,198 and other assets of $1,029,113.
<F2>Other Stockholders' Equity represents partners' capital.
<F3>Liabilities include accounts payable and accrued liabilities of
$898,633, and other liabilities of $160,564.
<F4>Total revenue includes gain on sales of real estate of $16,968,609, rent 
of $7,481,956, equity in earnings of joint venture of $97,600, and interest 
and other revenues of $240,023.
<F5>Represents net income per Unit of limited partnership interest.
</FN>
        

</TABLE>
**Exhibit 32.1**

 

**Certification of Periodic Financial Reports**

 

I, Wayne B. Fuquay, of Analytical Surveys, Inc., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

 

(1) the Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2004 (the“Periodic Report”) which this statement accompanies 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 Periodic Report fairly presents, in all material respects, the financial condition and results ofoperations of Analytical Surveys, Inc. 

 

Dated: May 17, 2004 

 

/s/ Wayne B.Fuquay             

Wayne B. Fuquay 

Chief Executive Officer