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Featured Films and Shorts        February 21, 2010        The Heat is On: Desert Tortoises and Survival (Full video)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6829

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL EDWARD DUGGER,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, Sr.,

District Judge. (CR-91-128, CA-97-293-6)

Submitted: December 17, 1998 Decided: January 5, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Edward Dugger, Appellant Pro Se. Lisa Blue Boggs, Assistant

United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Michael Edward Dugger seeks to appeal the district court’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994

& Supp. 1998). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis,

and dismiss the appeal on the reasoning of the district court. See

United States v. Dugger, Nos. CR-91-128; CA-97-293-6 (M.D.N.C. Jan.

29, 1998). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
**Exhibit 23**

 

**Consent ofIndependent Registered Public Accounting Firm**

 

The Board of DirectorsAdvanced Power Technology, Inc.:

 

We consent to the incorporation by reference in theregistration statement (Nos. 333-81376, 333-114317 and 333-122154)on Form S-8 of Advanced Power Technology, Inc. of our reportsdated March 4, 2005, with respect to the consolidated balance sheets ofAdvanced Power Technology, Inc. as of December 31, 2004 and 2003, therelated consolidated statements of operations, stockholders’ equity andcomprehensive income (loss), and cash flows for each of the years in thethree-year period ended December 31, 2004, and management’s assessment ofthe effectiveness of internal control over financial reporting as of December 31,2004 and the effectiveness of internal control over financial reporting as of December 31,2004, which reports appear in the December 31, 2004 annual report on Form 10-Kof Advanced Power Technology, Inc.

 

 
|   | **/s/ KPMG LLP** |   |
|--------|------------------|--------|

 

 

Portland, OregonMarch 4, 2005

 

----
STATE of Louisiana v. LaBroderick ALEXANDER

NO. 2018-KO-0805

Supreme Court of Louisiana.

February 11, 2019

Denied.

GENOVESE, J., would grant.
1

MHDocs 6660625_1 15224.1 CAUSE NO. 6,470

BETSY MECOM, DONALD R. MULLINS, JR., LANNIE LOUISE MECOM, MARK HARVEY MULLINS and WAHATOYA, LTD., Plaintiffs

,

vs.

WESTPORT OIL & GAS COMPANY, L.P. n/k/a KERR

- MCGEE OIL & GAS ONSHORE, L.P., Defendant. § § § § § § § § § § § § § IN THE DISTRICT COURT OF

49TH JUDICIAL DISTRICT

ZAPATA COUNTY, TEXAS

DEFENDANT’S NOTICE O F APPEAL

Defendant Westport Oil & Gas Company, L.P. n/k/a Kerr-McGee Oil & Gas Onshore,

L.P. (“Defendant”), hereby gives notice that it desires to appeal from the Final Judgment, signed

by the Court on August 31, 2015, to the Fourth Court of Appeals of Texas at San Antonio. In

addition Defendant appeals (a) all rulings and orders leading up to the Final Judgment that were

in any way adverse to Defendant, including without limitation any adverse orders and rulings

made by Court prior to trial, during trial, or after the jury’s verdict but before entry of Final

Judgment; and (b) the Court’s adverse rulings and orders, made after entry of Final Judgment,

including without limitation the Court’s November 9, 2015 order denying Defendant’s motion

for new trial, for remittitur, and to modif y, correct and/or reform the judgment. Filed 11/10/2015 11:59:17 AM Dora Castanon

District Clerk Zapata County, Texas 6470 ACCEPTED 04-15-00714-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/13/2015 12:02:55 PM KEITH HOTTLE CLERK 04-15-00714-CV2

MHDocs 6660625_1 15224.1 Respectfully submitted,

MUNSCH HARDT KOPF & HARR PC

By: /s/ D. Mitchell McFarland D. Mitchell McFarland State Bar No. 13597700 Carrie Schadle State Bar No. 24051618 700 Milam, Suite 2700 Houston, Texas 77002 Telephone: (713) 222-1470 Facsimile: (713) 222-5894 mmfarland@munsch.com cschadle@munsch.com

CAMPERO & ASSOCIATES, P.C.

ADOLFO CAMPERO, JR. State Bar No. 00793454 315 Calle Del Norte, Suite 207 Laredo, Texas 78041 Telephone: (956) 796-0330 Facsimile: (956) 796-0399 acampero@camperolaw.com

SAMORA LAW FIRM

Gwen J. Samora State Bar No. 00784899 4210 Oberlin Street Houston, Texas 77005 Telephone: (832) 646-3537 gwen@samorafirm.com

ATTORNEYS FOR DEFENDANT WESTPORT OIL & GAS COMPANY, L.P. N/K/A KERR-MCGEE OIL & GAS ONSHORE, L.P.3

MHDocs 6660625_1 15224.1 CERTIFICATE OF SERVICE

I hereby certify that a true and correct co py of the foregoing document has been sent via electronic service and via email on this 10th day of November, 2015, to the following counsel of record:

Email to mjones@jonesgill.com Michael D. Jones Jones Gill LLP 6363 Woodway, Suite 1100 Houston, Texas 77057 Email to cwehmeyer@smwenergylaw.com Corey Wehmeyer Santoyo Moore Wehmeyer P.C. 1020 N.E. Loop 410 , Suite 320 San Antonio, TX 78209

/s/ D. Mitchell McFarland D. Mitchell McFarland
Exhibit 10.42
 
 EXECUTION COPY
 CONSENT AND RELEASE AGREEMENT
 THIS CONSENT AND RELEASE AGREEMENT
 WHEREAS
 WHEREAS
 WHEREAS
 WHEREAS
 WHEREAS
 WHEREAS




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WHEREAS
 NOW, THEREFORE
 Certain Definitions
 Consent to Pfizer License Agreement
 Upfront Payment; Escrow Release
    2




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Milestone Payments
   3




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mutatis mutandis
  Continuing Payments; Reports
  4




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th th mutatis mutandis
    5




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6




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Manner of Payment
 Termination of CDA; Other Confidentiality Matters
   7




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8




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##### 



9




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##### 



Releases; Non-Disparagement
 By Brewer/Martin Parties
  10




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##### 



By MDCO
  11




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##### 



Representations and Warranties
 By Brewer/Martin Parties
  12




---



##### 



By MDCO
     13




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##### 



Miscellaneous
 Counterparts
 Successors Bound; Assignment
    14




---



##### 



15




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##### 



16




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##### 



Governing Law/Arbitration
     Waivers and Amendments
 17




---



##### 



Notices
  
  
  
 18




---



##### 



Severability
 Expenses
 Section Headings; References
 Entire Agreement
 Waiver of Rule of Construction
 Relationship of the Parties
 19




---



##### 



Obligations of the Brewer/Matin Parties
 Counterparts; Manner of Execution
 [remainder of page intentionally left blank; signature page follows]
 20




---



##### 



IN WITNESS WHEREOF
 MDCO:
The Medicines CompanyBy:
    /s/ Paul M. AntinoriName:
    Paul M. AntinoriTitle:
    SVP and General CounselBrewer/Matin Parties:
Washington Cardiovascular Associates, LLCBy:
    /s/ H. Bryan Brewer, Jr.Name:
    H. Bryan Brewer, Jr.Title:
    DirectorHDLT LLCBy:
    /s/ Michael MatinName:
    Michael MatinTitle:
    Chairman of the Board and
Chief Executive Officer/s/ H. Bryan Brewer, Jr.H. Bryan Brewer, Jr./s/ Silvia Santamarina-FojoSilvia Santamarina-Fojo/s/ Michael MatinMichael Matin
**EXHIBIT 31.2**

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

I, Anthony J. Massetti, certify that: 

1. I have reviewed this quarterlyreport on Form 10-Q of Avaya Inc.; 

2. Based on my knowledge, this report does not contain any untrue statement of amaterial 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 period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

(b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role inthe registrant’s internal control over financial reporting. 

Date: February 14, 2011
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## By Year

Featured Films and Shorts        April 8, 2024        USGS Northeast Region: The Short Story
Exhibit 6.1
 
 Year Ended December 31,2004
    
    
    2005
    
    
    2006
    
    
    2007
    
    
    2008(thousands of pesosand share amounts, except per share)Weighted average shares (Basic EPS) U.S.
GAAP
    
    
    14,807
    
    
    
    13,860
    
    
    
    247,853
    
    
    
    560,176
    
    
    
    789,818Weighted average shares (Diluted EPS)
U.S. GAAP
    
    
    201,450
    
    
    
    277,224
    
    
    
    404,479
    
    
    
    606,144
    
    
    
    829,337Net (loss) Income under U.S. GAAP for
basic computation
    
    
    96,965
    
    
    
    9,280
    
    
    
    (527,279
    )
    
    
    160,999
    
    
    
    (240,058
    )Preferred stock dividend under US GAAP
not available for common shareholders
    
    
    
    
    
    
    
    
    
    
    (539,738
    )Amount allocated to preferred shareholders
    
    
    1,222,255
    
    
    
    176,336Net (loss) Income under U.S. GAAP for
dilutive computation
    
    
    1,319,200
    
    
    
    185,616
    
    
    
    12,459
    
    
    
    160,999
    
    
    
    (240,058
    )Basic EPS U.S. GAAP
    
    
    6.55
    
    
    
    0.67
    
    
    
    (2.13
    )
    
    
    0.29
    
    
    
    (0.30
    )Diluted EPS U.S. GAAP
    
    
    6.55
    
    
    
    0.67
    
    
    
    0.03
    
    
    
    0.27
    
    
    
    (0.30
    )Weighted average shares (Basic EPS) MFRS
    
    
    293,032
    
    
    
    403,521
    
    
    
    442,928
    
    
    
    560,176
    
    
    
    789,818Weighted average shares (Diluted EPS) MFRS
    
    
    293,032
    
    
    
    403,521
    
    
    
    467,628
    
    
    
    606,144
    
    
    
    Net (loss) Income under MFRS for basic
computation
    
    
    (143,922
    )
    
    
    (76,912
    )
    
    
    (29,267
    )
    
    
    36,196
    
    
    
    (437,763
    )Net (loss) Income under MFRS for dilutive
computation
    
    
    (143,922
    )
    
    
    (76,912
    )
    
    
    (29,267
    )
    
    
    36,196
    
    
    
    (437,763
    )Basic EPS MFRS
    
    
    (0.49
    )
    
    
    (0.19
    )
    
    
    (0.07
    )
    
    
    0.06
    
    
    
    (0.55
    )Diluted EPS MFRS
    
    
    (0.49
    )
    
    
    (0.19
    )
    
    
    (0.06
    )
    
    
    0.06
    
    
    
    
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of OraSure Technologies, Inc. (the Company) on
Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald H. Spair, Chief Operating Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 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/ Ronald H. Spair                                                
|Ronald H. Spair Chief Operating Officer
and Chief Financial Officer

August 6, 2008
Jonathon BRAY, Appellant, v. Najla BRAY k/n/a Najla Murray, Appellee.

Case No. 2D17-4176

District Court of Appeal of Florida, Second District.

Opinion filed January 23, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Douglas MANNING, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1608

District Court of Appeal of Florida, First District.

February 12, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
# C_2022119EN.01001102.xml

| 14.3.2022 | EN | Official Journal of the European Union | C 119/11 |
| --- | --- | --- | --- |

14.3.2022

EN

Official Journal of the European Union

C 119/11

---

Judgment of the Court (Grand Chamber) of 18 January 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Thelen Technopark Berlin GmbH v MN

(Case C-261/20) (1)

(Reference for a preliminary ruling - Freedom to provide services - Article 49 TFEU - Directive 2006/123/EC - Article 15 - Architects’ and engineers’ fees - Fixed minimum tariffs - Direct effect - Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal)

(2022/C 119/15)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant in the appeal on a point of law: Thelen Technopark Berlin GmbH

Respondent in the appeal on a point of law: MN

Operative part of the judgment

EU law must be interpreted as meaning that a national court, when hearing a dispute which is exclusively between private individuals, is not required, solely on the basis of EU law, to disapply a piece of national legislation which, in breach of Article 15(1), (2)(g) and (3) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, sets minimum rates for fees for services provided by architects and engineers and which renders invalid agreements derogating from that legislation, without prejudice, however, to, first, the possibility for that court to disapply that legislation on the basis of domestic law in the context of such a dispute, and, second, the right of a party which has been harmed as a result of national law not being in conformity with EU law to claim compensation for the ensuing loss or damage sustained by that party.

---

(1)  OJ C 313, 21.9.2020.

---
George Stanford PIERCE, Jr., Appellant, v. Amy PIERCE, Appellee.

Case No. 2D18-319

District Court of Appeal of Florida, Second District.

Opinion filed February 8, 2019

Jane H. Grossman, St. Petersburg, for Appellant.

Peyton Mullin and Alexa Saab of Meros, Smith, Lazzara, Brennan & Brennan, P.A., St. Petersburg, for Appellee.

PER CURIAM.

Affirmed. *See**Sun Harbor Homeowners' Ass'n v. Bonura*, 95 So.3d 262, 265 (Fla. 4th DCA 2012) (recognizing that pursuant to Florida Rule of Appellate Procedure 9.600(a), the circuit court has concurrent jurisdiction with the appellate court during the pendency of review before the record is docketed to render orders on procedural matters relating to the case).

CASANUEVA, SILBERMAN, and SLEET, JJ., Concur.
Exhibit 32.2

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 Digital Network International Alliance, Inc. (the "Company") on Form 10-QSB for the period ended September 30, 2005 (the "Report"), I, Eppie Wong, CFO and a director 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Eppie Wong



Eppie Wong,

 CFO and a director

September 1, 2006
EXHIBIT 32.1
  CERTIFICATION PURSUANT TO RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934,
 AS AMENDED AND 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF
 THE SARBANES-OXLEY ACT OF 2002
  The undersigned officer of XXX Acquisition Corp. ( hereinafter the "Company") hereby certifies to such officer’s knowledge that the Company's Annual Report on Form 10-K for the year ended December 31, 2010 (the "Report"), as filed with the  securities and Exchange Commission on the date hereof, 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 the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed to be part of the Report or "filed" for any purpose whatsoever.
 Date: July 21, 2011
By:
/s/ Marcia RosenbaumMarcia RosenbaumChief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

SOLID WASTE SERVICES, INC. D/B/A J. P.

MASCARO & SONS AND INSERVCO

INSURANCE SERVICES, INC.,

Petitioners

v.

ST. LUKE'S HOSPITAL (BUREAU OF WORKERS' COMPENSATION),

Respondent :

:

:

:

:

:

:

:

:

:

:

:

:

: No. 30 EM 2022

ORDER

PER CURIAM

AND NOW , this 8 th day of September , 2022, the “Application under Pa.R.A.P. 3315

and 1781 for Stay/Supersedeas” is DENIED.