alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dawn Dallura, Respondent, v Anna Rubicco, Appellant. (Action No. 1.) Anna Rubicco, Appellant, v Dawn Dallura, Respondent. (Action No. 2.)

[772 NYS2d 532]

In related actions, inter alia, to recover damages for breach of contract, which were jointly tried, Anna Rubicco appeals from a judgment of the Supreme Court, Westchester County (Altman, J.H.O.), entered September 26, 2002, which, after a nonjury trial, is in favor of Dawn Dallura and against her in the principal sum of $8,000.

Ordered that the judgment is affirmed, with costs.

Anna Rubicco (hereinafter the buyer) agreed to purchase a car from Dawn Dallura (hereinafter the seller) for the purchase price of $28,000. The seller delivered the car to the buyer’s house on the morning of Friday, May 25, 2001, and removed the license plates from the car. The seller testified at trial that later the same day, after receiving a check from the buyer in the amount of $8,000 for the balance of the purchase price, she gave the buyer the certificate of title to the car. The buyer denied receiving the certificate of title. The following day, the buyer’s son was involved in an accident with the car and the buyer stopped payment on the $8,000 check. At the time of the accident, the car was still registered in the seller’s name.

*347“Title to a motor vehicle passes when the parties intend that it pass *(Bornhurst v Massachusetts Bonding & Ins. Co.,*21 NY2d 581 [1968])” *(Dorizas v Island Insulation Corp.,*254 AD2d 246, 248 [1998] [internal quotation marks omitted]). Here, contrary to the buyer’s assertions, the credible evidence at trial established that she had “possessory interest in the [vehicle], with its attendant characteristics of dominion and control” on the date of the accident *(Matter of Vergari v Kraisky,*120 AD2d 739, 740 [1986]; *see Dorizas v Island Insulation Corp., supra*at 248). Accordingly, the presumption of ownership raised by the certificate of title was rebutted *(see Dorizas v Island Insulation Corp., supra).*

The buyer’s remaining contentions are without merit. Prudenti, P.J., Altman, Luciano and Adams, JJ., concur.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-2775

Sowa Tool & Machine Co. Ltd:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of --

Lexmark International, Inc. 

Under Contract No. SP7000-12-C-0015 

APPEARANCE FOR THE APPELLANT: 

) 

) 

) 

) 

) 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 61285 

Karen N. Pohl, Esq. 

Associate General Counsel 

Daniel K. Poling, Esq. 

DLA Chief Trial Attorney 

Bruce T. McCarty, Esq. 

Trial Attorney 

DLA Counsel - Document Services 

New Cumberland, PA 

David R. Nolte, Esq. 

Associate General Counsel 

DLA Energy 

Fort Belvoir, VA 

ORDER OF DISMISSAL 

The dispute has been settled. The appeal is dismissed with prejudice. 

Dated: 17 April 2018 

Administrative Judge 

Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 61285, Appeal of Lexmark International, 

Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREYD. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
<PAGE>   1
                                                                    EXHIBIT 11.1

                            PAYLESS SHOESOURCE, INC.
                      COMPUTATION OF NET EARNINGS PER SHARE



                                          13 Weeks Ended
                                        ------------------
                                         May 1,    May 2,
(Thousands, except per share)             1999      1998
                                        --------  --------

Basic Computation:
-----------------

Net earnings                            $ 35,270  $ 37,758

Weighted average common
 shares outstanding                       32,255    37,308
                                        --------  --------

Basic earnings per share                $   1.09  $   1.01
                                        ========  ========




Diluted Computation:
--------------------

Net earnings                            $ 35,270  $ 37,758

Weighted average common
 shares outstanding                       32,255    37,308

Net effect of dilutive stock
options based on the treasury
  stock method                               174       493
                                        --------  --------

Outstanding shares for diluted
  earnings per share                      32,429    37,801
                                        ========  ========

Diluted earnings per share              $   1.09  $   1.00
                                        ========  ========




Note: Basic earnings per share is computed by dividing net earnings by the
weighted average number of shares of common stock outstanding during the period.
Diluted earnings per share includes the effect of conversions of options.
<TABLE> <S> <C>

<ARTICLE>               5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF BOSTON CELTICS LIMITED PARTNERSHIP AND ITS
SUBSIDIARIES AS OF SEPTEMBER 30, 1998 AND THE RELATED CONSOLIDATED STATEMENT OF
INCOME FOR THE THREE MONTH PERIOD ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>            1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,715
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                86,191
<PP&E>                                              45
<DEPRECIATION>                                      24
<TOTAL-ASSETS>                                  87,281
<CURRENT-LIABILITIES>                            1,854
<BONDS>                                         83,084
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (38,423)
<TOTAL-LIABILITY-AND-EQUITY>                    87,281
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    1,064
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,735
<INCOME-PRETAX>                                (2,736)
<INCOME-TAX>                                       500
<INCOME-CONTINUING>                            (3,236)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,256)
<CHANGES>                                            0
<NET-INCOME>                                   (5,492)
<EPS-PRIMARY>                                   (1.99)
<EPS-DILUTED>                                   (1.99)
        

</TABLE>
Exhibit
32.1





Certification
of Periodic Report


Pursuant
to 18 U.S.C. Section 1350


As
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





Pursuant to, and for purposes only of,
18 U.S.C. § 1350, the undersigned hereby certifies that (i) the Quarterly Report
of Peoples Bancorp, Inc. on Form 10-Q for the quarter ended March 31, 2010, as
filed with the Securities and Exchange Commission (the “Report”), fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, and (ii) information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of Peoples
Bancorp, Inc. and Subsidiaries.





Date:  May
      13, 2010
              /s/ Thomas G. StevensonThomas
      G. StevensonPresident/Chief
      Executive Officer&
      Chief Financial Officer
EXHIBIT 32.1          

SECTION 1350 CERTIFICATION                  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 amended QuarterlyReport of Online Vacation Center Holdings Corp. (the "Company") on Form 10-Q/A for the quarter ended March31, 2009as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edward B. Rudner, Chief Executive 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:

|  | 1.      | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--|----------------------------------|-----------------------------------------------------------------------------------------------------------------------|

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

Date: August 14, 2009                    

/s/ Edward B. Rudner

Edward B. Rudner        Chief Executive Officer
ex10-1.htm


Exhibit 10.1




 


EXHIBIT 10.1 - AMENDED EMPLOYMENT AGREEMENT, DATED AS OF JUNE 21, 2011, BETWEEN REGISTRANT AND CHERYL A. DRAGOO


 


AMENDED EMPLOYMENT AGREEMENT


 


THIS AMENDED EMPLOYMENT AGREEMENT is dated as of June 21, 2011, by and between BOWL AMERICA INCORPORATED, hereinafter called “Corporation”, and Cheryl A. Dragoo, hereinafter called “Dragoo.”







WITNESSETH:







WHEREAS, the Corporation’s prior Employment Agreement with Dragoo will expire on July 3, 2011; and







WHEREAS, the parties desire to enter into a new employment contract to go into effect on July 4, 2011; and







NOW, THEREFORE, in consideration of the premises and the mutual agreements hereinafter contained, the parties hereby agree as follows:







1.           The Corporation hereby employs Dragoo, and Dragoo hereby agrees to work for Corporation for a term of one year commencing on July 4, 2011, and expiring at the end of Corporation’s next fiscal year on July 1, 2012.







2.           Dragoo shall serve as Controller, Chief Financial Officer, Senior Vice President and Assistant Treasurer of the Corporation, performing the functions and duties normally performed by a Controller, Chief Financial Officer, Senior Vice President and Assistant Treasurer.







3.           Dragoo shall devote her full time and attention to the affairs of the Corporation.







4.           The Corporation shall pay Dragoo as remuneration for her services the sum of $156,424 for the fiscal year of the Corporation commencing on July 4, 2011 and ending on July 1, 2012, to be paid in bi-weekly installments.







5.           This Agreement is purely personal with Cheryl A. Dragoo and in the event of her death or total disability during the contract period, this Agreement shall terminate and the obligations of the Corporation to make any further payments shall cease.


 




	BOWL AMERICA INCORPORATED	 	ATTEST:	 
	 	 	 
	 	 	 	 
	/s/ Leslie H. Goldberg 	 	/s/ Michael T. Dick	 
	By:	Leslie H. Goldberg 	 	Michael T. Dick	 
	 	President  	 	Assistant Secretary	 
	 	 	 	 	 	 
	 	 	 	 	 	 
	/s/ Cheryl A. Dragoo	 	 	 	 
	Cheryl A. Dragoo	 	 	 	 
	Individually
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO
SECTION 302 (a) OF THE SARBANES-OXLEY ACT
      a)
    
    Designed such disclosure controls and procedures, or caused such 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, particularly during the period in which this report is being prepared;
 b)
    
    Evaluated the effectiveness of the registrant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 financial
reporting that occurred during the registrants fourth fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial 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 in the registrants internal control over financial reporting.
  /s/ Phillip J. Smith
1956 Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 151

RIN 1076–AD11

Land Acquisitions

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of Petition.

SUMMARY: The Department of the

Interior requests comments on a petition

for rulemaking concerning Alaska

Native land acquisitions. This petition

recommends amending regulations to

bring federally recognized Alaska Native

Tribes within the scope of federal

regulations authorizing the acquisition

of land in trust status.

DATES: Comments must be received on

or before March 6, 1995.

ADDRESSES: Written comments should

be mailed or hand carried to the Chief,

Branch of Technical Services, Division

of Real Estate Services, Bureau of Indian

Affairs, 1849 C Street, N.W., MS–4522–

MIB, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:

Copies of the petition may be obtained

by contacting Alice A. Harwood, Chief,

Branch of Technical Services, Bureau of

Indian Affairs, Room 4522, Main

Interior Building, 1849 C Street, N.W.,

Washington, D.C. 20240; Telephone

number (202) 208–3604; or by mail at

the address listed above.

SUPPLEMENTRY INFORMATION: Petitioners

include three federally recognized tribes

in Alaska: Chilkoot Indian Association

(Haines), the Native Village of Larsen

Bay, and the Kenaitze Indian Tribe.

They request the Secretary to amend the

existing regulation which excludes the

acquisition of land in trust status in the

State of Alaska for Alaska Natives and

tribes, except for the Metlakatla Indian

Community of the Annette Island

Reserve and its members. Specifically,

the petitioners request the Secretary to:

(1) remove the portion of the existing

regulation that prohibits the acquisition

of land in trust status in the State of

Alaska for Alaska Native villages other

than Metlakatla and (2) include in the

definition of ‘‘tribe’’ those Alaska Native

villages listed on the Department of the

Interior’s list of federally recognized

tribes.

Dated: November 29, 1994.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–71 Filed 1–4–95; 8:45 am]

BILLING CODE 4310–02–P
Exhibit 31.1
 CERTIFICATION PURSUANT TO
SECTION 302 (a) OF THE SARBANES-OXLEY ACT
      a)
    
    Designed such disclosure controls and procedures, or caused such 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, particularly during the period in which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such internal control over
financial reporting to be designed under our supervision, to provide reasonable assurance
regarding the reliability of financial reporting and the preparation of financial statements
for external purposes in accordance with generally accepted accounting principles;c)
    
    Evaluated the effectiveness of the registrant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;
andd)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting 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
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
  /s/ Jack H. Brown

Jack H. BrownChairman of the Board, President,
and Chief Executive Officer
(Principal Executive Officer)
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

BASIL MONCRIEFFE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-110

[April 18, 2019]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Barbara Anne 

McCarthy, Judge; L.T. Case No. 12-4909CF10A.

Basil Moncrieffe, Madison, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-1737

Culligan International Company:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3140

Speck Pumps-Pool Products, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report of Davi Skin, Inc., a Nevada corporation,
(the “Company”) on Form 10-QSB for the year quarter March 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Jan Wallace, Chief Executive Officer of the Company, certify the following
pursuant to Section 18, U.S.C. 1350, as adopted 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 results of operations of the
      Company.





/s/ Jan
Wallace


By: Jan
Wallace


Its:
Chief Executive Officer





May 20,
2008