alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
583 A.2d 304

#### AUGUST ZEMAITIS v. TRENTON STATE COLLEGE.

January 17, 1990.

Petition for certification denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Consumer Product Safety Commission

# TIME AND DATE:

Wednesday, September 29, 2010; 11 a.m.-12 Noon. 

# PLACE:

Hearing Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, Maryland. 

# STATUS:

Closed to the Public. 

## Matter To Be Considered 

### Compliance Status Report 

The Commission staff will brief the Commission on the status of compliance matters. For a recorded message containing the latest agenda information, call (301) 504-7948. 

# CONTACT PERSON FOR MORE INFORMATION:

Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7923. 

Dated: September 21, 2010. 

Todd A. Stevenson, 

Secretary.

[FR Doc. 2010-24023 Filed 9-21-10; 4:15 pm] 

BILLING CODE 6355-01-P
#### ARKITEKNIC, INC. d/b/a Arki Construction Corporation, a Florida Corporation, Appellant, v. UNITED GLASS LAMINATING, INC., Appellee.

No. 3D10-898.

District Court of Appeal of Florida, Third District.

Jan. 26, 2011.

*367Patrick J. Goggins, for appellant.

Miller Kagan Rodriguez & Silver and Jeffrey D. Swartz, Coral Gables, for appel-lee.

Before CORTIÑAS and SALTER, JJ., and SCHWARTZ, Senior Judge.

CORTINAS, J.

We reverse the trial court’s final default judgment and order striking pleadings as a sanction for failure to comply with certain disclosure deadlines. “Because dismissal is the ultimate sanction in the adversarial system, it should be reserved for those aggravating circumstances in which a lesser sanction would fail to achieve a just result.” *Kozel v. Ostendorf,*629 So.2d 817, 818 (Fla.1993). To ensure that the sanction of dismissal is prudently applied, trial courts must first make certain preliminary findings of fact. *Alvarado v. Snow White & the Seven Dwarfs, Inc.,*8 So.3d 388 (Fla. 3d DCA 2009); *Tianvan v. AVCO Corp.,*898 So.2d 1208, 1209 (Fla. 4th DCA 2005). These findings must address:

> 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.

*Kozel,*629 So.2d at 818.

Here, the trial court did not make the preliminary findings of fact concerning each of the *Kozel*factors. Accordingly, we reverse the final default judgment and order striking pleadings and remand to the trial court to consider all six *Kozel*factors. If, after considering the six factors, the trial court determines that no less severe sanction is appropriate, and again dismisses the case with prejudice, the trial court shall include in its order of dismissal findings of fact and conclusions of law with respect to each of the *Kozel*factors. *See Smith v. City of Panama,*951 So.2d 959, 962 (Fla. 1st DCA 2007).

Reversed and remanded.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION OF WINSTON HOTELS, INC.
EXTRACTED FROM THE UNAUDITED CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1998 AND
THE UNAUDITED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED
JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             408
<SECURITIES>                                         0
<RECEIVABLES>                                   10,457
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         417,883
<DEPRECIATION>                                  28,632
<TOTAL-ASSETS>                                 402,527
<CURRENT-LIABILITIES>                            9,654
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         30
<COMMON>                                           163
<OTHER-SE>                                     216,658
<TOTAL-LIABILITY-AND-EQUITY>                   402,527
<SALES>                                         14,999
<TOTAL-REVENUES>                                15,064
<CGS>                                                0
<TOTAL-COSTS>                                    6,452
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,954
<INCOME-PRETAX>                                  6,658
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              6,658
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,189
<EPS-PRIMARY>                                     0.27
<EPS-DILUTED>                                     0.27
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          10,644
<INT-BEARING-DEPOSITS>                              95
<FED-FUNDS-SOLD>                                 3,800
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     50,376
<INVESTMENTS-CARRYING>                           9,294
<INVESTMENTS-MARKET>                             9,357
<LOANS>                                        180,649
<ALLOWANCE>                                      2,979
<TOTAL-ASSETS>                                 262,155
<DEPOSITS>                                     230,245
<SHORT-TERM>                                     1,500
<LIABILITIES-OTHER>                              2,766
<LONG-TERM>                                      1,185
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,436
<OTHER-SE>                                      23,023
<TOTAL-LIABILITIES-AND-EQUITY>                 262,155
<INTEREST-LOAN>                                 13,455
<INTEREST-INVEST>                                2,419
<INTEREST-OTHER>                                   245
<INTEREST-TOTAL>                                16,119
<INTEREST-DEPOSIT>                               6,746
<INTEREST-EXPENSE>                               6,876
<INTEREST-INCOME-NET>                            9,243
<LOAN-LOSSES>                                      468
<SECURITIES-GAINS>                                (12)
<EXPENSE-OTHER>                                  7,700
<INCOME-PRETAX>                                  3,632
<INCOME-PRE-EXTRAORDINARY>                       3,632
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,496
<EPS-PRIMARY>                                     3.63
<EPS-DILUTED>                                     3.63
<YIELD-ACTUAL>                                    5.22
<LOANS-NON>                                      1,773
<LOANS-PAST>                                       347
<LOANS-TROUBLED>                                     8
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,836
<CHARGE-OFFS>                                      372
<RECOVERIES>                                        47
<ALLOWANCE-CLOSE>                                2,979
<ALLOWANCE-DOMESTIC>                             2,979
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 32.1In connection with the Quarterly Report of Fentura Financial, Inc. (the “Corporation”) on Form 10-Qfor the period ended September 30, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Donald L. Grill, Chief Executive Officer of Fentura Financial Inc.certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:(1) the Report on Form 10-Q fully complies with the requirements of section 13(a) or 15(d) of theSecurities and Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Corporation.        Dated:  November 9, 2007 /s/ Donald L. Grill   Donald L. Grill   Chief Executive Officer
583 A.2d 326

#### CHARLES M. LUKIE v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY.

February 26, 1990.

Petition for certification denied.
# News

## U.S. Air Force LogoUnited States Air Force

# CSAF launches new initiative to improve communication with Airmen

              - Published  Nov. 13, 2013

**WASHINGTON (AFNS)**-- As part of a series of recent efforts to enhance communication with Airmen, Air Force Chief of Staff Gen. Mark A. Welsh III released the first of a new video series called “Airman to Airman.” 

 

With all the issues facing the department over the last year, Welsh said the videos serve as an opportunity to inform Airmen on the challenges ahead, but more importantly, to help them understand the logic behind certain decisions. 

 

“This is about keeping you informed about what the Air Force’s position is on certain issues and challenges,” Welsh said. “We must do better at communicating these issues with our Airmen, they need to hear the whys and understand the reasons decisions are being made.”

 

In his first message, Welsh talks about one of the repercussions of sequestration – becoming a smaller Air Force. 

“How much smaller remains to be seen... it will be a balance between capability, capacity and readiness that we’re going to be walking through the next 10 years,” Welsh says in the video. “You just need to know that we’re spending a lot of time and energy trying to figure out how to do this the right way.”

 

In addition to Welsh’s video messages, Chief Master Sgt. of the Air Force James Cody meets with Airmen for roundtables and other broadcast forums, they brought back Roll Call in September, and Welsh and Cody are both active on social media. 

 

“Airmen have questions and concerns -- we need to be there to provide answers and address these concerns,” Cody said. 

 

The “Airman to Airman” videos will be distributed on af.mil, the Air Force Portal and various social media platforms. 

 

To view the first video, click here. 

 

Mark A. Welsh IIIcommunicationAirmenAirman to Airmanchief of staff
Exhibit 31.2



Certifications



I, Edward Escudero, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Petro Financial 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 period covered by this report;



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material 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(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



(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 most
recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of 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 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.



Date: November 4, 2004



|                                     
|-------------------------------------
|/s/ Edward Escudero                  
|(Edward Escudero)                    
|Treasurer and Chief Financial Officer
**EXHIBIT 31.2****CERTIFICATION**I, Harriss T. Currie, certify that:     1. Ihave reviewed this amended annual report on Form 10-K/A of Luminex Corporation;and     2. Basedon my knowledge, this amended annual 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 ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this amended annual report.Date:March 19, 2007         By:                                                               /s/ Harriss T. Currie    Harriss T. Currie    Vice President - FinanceChief Financial Officer Treasurer
#### Charles JOHNSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D10-6434.

District Court of Appeal of Florida, First District.

Jan. 19, 2011.

Rehearing Denied Feb. 23, 2011.

*541Charles Johnson, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of habeas corpus and motion to enforce mandate are denied on the merits.

WOLF, KAHN, and THOMAS, JJ., concur.
```

[Congressional Record Volume 141, Number 93 (Thursday, June 8, 1995)]
[House]
[Page H5699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               TRIBUTE TO THE LATE HONORABLE MAX McCARTHY

  (Mr. QUINN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. QUINN. Mr. Speaker, I rise today to honor the memory of Richard 
Dean McCarthy, better known as Max McCarthy, who recently passed away. 
Max was a member of the House of Representatives from 1965 to 1970.
  Max last worked for the Buffalo News as the Washington bureau chief. 
His last column appeared in the News 2 days after he had died. In the 
words of the Buffalo News, ``Max was an outstanding citizen of Buffalo, 
outstanding patriot and a fine newspaperman.''
  Max McCarthy served our Nation in two wars. He was with the Navy in 
the Pacific Theater in World War II and with the Army in the Far East 
during the Korean war.
  After serving Buffalo and western New York in the House for three 
terms, Max lost a bid for the U.S. Senate and then worked as press 
attache in the United States Embassy in Iran. Prior to working for the 
Buffalo News, Max also worked in the White House as an adviser in 
legislative affairs in the Carter administration.
  Max was a avid writer. He was first published in the Buffalo News as 
a corporal in the Army, stationed in Japan in 1952. He sent accounts of 
military life to the Buffalo Evening News and they published his 
stories. Max also wrote some books, one of which led to congressional 
hearings, policy reviews, and the cancellation of a plan to dump 
outdated nerve gas in the sea.
  Max was known for his honesty and integrity. He received numerous 
awards and recognitions for the service he provided to the western New 
York community in many different ways. Western New York is still 
reaping the benefits of many of Max McCarthy's projects.
  Max lost his long fight with Lou Gehrig's disease in early May. He 
will be missed by his family and the community.

                          ____________________
```
<TABLE>
<CAPTION>

(a) Exhibit 11 -  COMPUTATION  OF BASIC  EARNINGS  PER COMMON  SHARE AND DILUTED
EARNINGS PER COMMON SHARE

                                                     Three Months Ended   Six Months Ended
                                                        June 30, 2000       June 30, 2000
                                                        -------------       -------------
                                                 (Dollars in thousands, except per share data)
<S>                                                         <C>                  <C>
Basic earnings per common share

Net income available to common shareholders                 $2,326               $4,498
                                                            ======               ======

Weighted average common shares outstanding               6,436,872            6,459,594

Basic earnings per common share                               $.36                 $.70
                                                              ====                 ====


Diluted earnings per common share

Net income available to common shareholders                 $2,326               $4,498
                                                            ======               ======

Weighted average common shares outstanding               6,436,872            6,459,594

Add:  Dilutive effects of assumed exercises of
     stock options                                         299,647              271,598

Weighted average common and dilutive potential
     common shares outstanding                           6,736,519            6,731,192

Dilutive earnings per common share                            $.35                 $.67
                                                              ====                 ====

</TABLE>


Note: The  share  and  per  share   information   disclosed   above   have  been
      retroactively  adjusted to reflect the 10% stock dividend paid on June 30,
      2000.
#### Olivia T, BETHLEY, Percy Bethley, Jr., Billy Bethley, Darlene Bethley and Donnie Bethley on Their own Behalf and on Behalf of Percy Bethley, Sr. v. Dr. Reza SHEYBANI, Louisiana Medical Mutual Insurance Company and Baton Rouge General Medical Center, Mid-City.

No. 2010 CW 0575.

Court of Appeal of Louisiana, First Circuit.

Oct. 29, 2010.

1

. Judge William F. Kline, Jr., retired, is serving as judge *pro tempore*pursuant to special appointment of the Louisiana Supreme Court.

In re: Dr. Reza Sheybani and Louisiana Medical Mutual Insurance Company, applying for Supervisory Writs, 19th Judicial District Court, Parish of East Baton Rouge, Number 580,834.

Before KUHN, PETTIGREW, JJ. and KLINE, J. Pro Tem.1

WRIT GRANTED. The Motion to Strike the affidavit of Dr. Sheybani with attached exhibits is reversed. *See Bethley v. Sheybani,*2010 CA 0713, 2010 WL 4273105 (La.App. 1 Cir.2010).
```

[Congressional Record Volume 141, Number 92 (Wednesday, June 7, 1995)]
[House]
[Page H5628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                             MEDICARE CUTS

  (Mr. UNDERWOOD asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, under the guise of saving Medicare, the 
majority would make funding cuts that would have the effect of reducing 
benefits to Medicare recipients--and these funding cuts would be used 
to fund tax cuts that would primarily benefit the wealthy.
  This fiscal trickery will not fool the American people.
  We often hear of class warfare. Well, this majority has just given us 
generational warfare with its policies that make school children 
compete for school lunch funding with seniors on fixed incomes, whose 
Medicare funding in turn must compete with tax cuts for wealthy middle-
aged citizens.
  In this generational warfare the weapons are not missile launches but 
school lunches, and not stealth bombers but stealth tax cuts. And the 
greatest irony is that the generation that won World War II is now at 
risk with generational warfare being waged by this majority.
  We can do better, and we can do it without pitting the American 
people against each other.

                          ____________________
```
583 A.2d 330

#### STATE OF NEW JERSEY v. ROOSEVELT RUSH.

February 27, 1990.

Petition for certification denied.
Schedule of Installment Payment Plan Notes




 EXHIBIT 10.5(b) 
  
 SCHEDULE OF INSTALLMENT PAYMENT PLAN NOTES 
 Containing Provisions Set Forth in 
 Form of Installment Payment Plan Note
Filed as Exhibit 10.6(a) 
  

	 Maker

	  	 License Number

	  	 Face Amount of
 Amended and Modified Note


	 GWI PCS1, Inc.
	  	PBB404C	  	$	22,833,197.79
	 GWI PCS2, Inc.
	  	PBB079C	  	$	311,959.22
	 GWI PCS3, Inc.
	  	PBB485C	  	$	145,405.44
	 GWI PCS4, Inc.
	  	PBB389C	  	$	6,162,319.86
	 GWI PCS5, Inc.
	  	PBB434C	  	$	1,410,059.05
	 GWI PCS6, Inc.
	  	PBB397C	  	$	932,650.19
	 GWI PCS7, Inc.
	  	PBB022C	  	$	337,099.41
	 GWI PCS8, Inc.
	  	 PBB024C1
	  	$	7,517,972.95
	 GWI PCS9, Inc.
	  	PBB160C	  	$	233,650.91
	 GWI PCS10, Inc.
	  	PBB152C	  	$	610,923.67
	 GWI PCS11, Inc.
	  	PBB469C	  	$	2,865,812.10
	 GWI PCS12, Inc.
	  	PBB293C	  	$	11,323,873.20
	 GWI PCS13, Inc.
	  	PBB313C	  	$	421,437.96
	 GWI PCS14, Inc.
	  	PBB151C	  	$	1,135,215.59