alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Parker *v.*Tiers and others.1

*(District Court, E. D. Pennsylvania.*

February *4, 1887.)*

■Carriers—Of Goods—Contract to Furnish Cargo—Breach—Damages.

A. contracted with B., a ship-master, to furnish him a cargo “of about 150 tons of bones. *”*He furnished 106 tons, but failed to supply the remainder. In an action by B. against A., for damages for breach of contract, *held,*that 5 tons was a fair allowance, and that B. was entitled to recover what he would have made by carrying the additional 39 tons.

In Admiralty.

*Theodore M. Etting,*for libelant.

*F. S. Brown,*for respondent.

1

 Reported by C. Berkeley Taylor, Esq.., of the Philadelphia bar.

Butler, J.

By the contract, respondent undertook to furnish a cargo *'“of about 150*tons” of bones, and the libelant undertook to carry this number of tons. There was no express stipulation where they should be .stored, but it seems to have been contemplated that, after filling the hold, the balance should be placed on deck. The contention by respondent that the libelant, when loading, claimed that he was only to receive what ■could be stored in the *hold.,*and refused to receive more, is not sustained by the proofs. It is true that Mr. Pitch swears to this, but his testitimony is met by that of the master, who, although not called after Mr. Pitch had testified, nor in anticipation or with knowledge of what this witness would say, swears to facts wholly inconsistent with Mr. P.’s testimony. All the material circumstances of the case, bearing on the subject, also, are irreconcilable with Mr. Fitch’s testimony. At the very time when this witness (whose miscalculation, or mistake, caused the litigation) says the libelant refused to take more bones, the libelant was protesting in writing against the violation of his contract in not furnishing the 150 tons. Prom the beginning to the end the libelant’s conduct was consistent with the position that he expected to carry this quantity, and with no other. It is impossible, therefore, to avoid the conclusion that Mr. Pitch is mistaken, or unreliable.

If the respondent had furnished 145 tons, I would hold that the terms ■of the contract had been complied with. I am inclined to think that a materially greater shortage than this would not be allowable. He furnished 1Ó6, and must be held responsible for failure to furnish the balance of 145, to-wit, 39. The libelant’s damages are therefore what he would have made by carrying this additional quantity according to the •terms of the contract.

A decree will be entered accordingly.
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. JESUS M. GARCIA, Petitioner : : : : : : : : : : : No. 171 MAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 10th day of September, 2014, the Petition for Allowance of Appeal is DENIED
.
<PAGE>


                                  Exhibit 99.2

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



         I, Shmuel Arvatz, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of ClickSoftware Technologies Ltd. on Form 10-K for the year ended
December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in such
Annual Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of ClickSoftware Technologies Ltd.



March 20, 2003



                                             By:     /s/ SHMUEL ARVATZ
                                                    -----------------
                                             Name:  Shmuel Arvatz
                                             Title: Executive Vice President and
                                                    Chief Financial Officer


--------------------------------------------------------------------------------
10-K CLICKSOFTWARE TECHNOLOGIES LTD.                                     PAGE 63
#### SPORIA et al. v. PENNSYLVANIA GREYHOUND LINES, Inc.

Civil Action No. 2692.

District Court, W. D. Pennsylvania.

Sept. 3, 1943.

George I. Bloom, of Washington, Pa., for plaintiff.

Dickie, Robinson & McCamey, of Pittsburgh, Pa., for defendant.

SCHOONMAKER, District Judge.

The defendant in this case has asked for a severance in a cause of action declared on as one of trespass., wherein Pete Sporia, plaintiff, was the owner and operator of a Ford sedan which came into collision with an auto bus of defendant, causing injuries to the other plaintiff, Stephen Kosana, who was riding in the automobile of Pete Sporia. The defendant desires to bring on the record as an additional defendant, Pete Sporia, the owner and operator of the passenger car in which Stephen Kosana was riding as a passenger. As Pete Sporia is already a party to this action, we are of the opinion that he cannot be brought on the record as an additional defendant. See our opinion filed this day in Kerna v. Trucking, Inc., 3 F.R.D. 195.

Petition for severance will be denied.
Exhibit 32.1

                  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE
              SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of DoMark International, Inc. (the
"Company") on Form 10-Q for the period ending August 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
Sieck, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934, as amended; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.

                                DoMark International, Inc.
                                      Registrant


Date: October 20, 2009          By: /s/ Scott Sieck
                                    --------------------------------------------
                                    Scott Sieck
                                    Chief Executive Officer (Principal Executive
                                    Officer, Principal Financial Officer)
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 Annual Report on Form 10-K of AmTrust Financial Services,
Inc. (the “Company”) for the quarter ended March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Ronald
Pipoly, Chief Financial Officer (Principal Financial and Accounting 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:




(a)
            the Report fully complies with
      the requirements of section 13(a) and 15(d) of the Securities
      Exchange Act of 1934; and





(b)
            the information contained in the
      Report fairly presents, in all material respects, the financial condition
      and results of operations of the
Company.




By:
            /s/ Ronald PipolyRonald
      Pipoly
              Chief
      Financial Officer
              (Principal
      Financial and Accounting Officer)




May 11,
2009
Case 3:11-mj-05017-TJB     Document 83     Filed 05/11/11     Page 1 of 3 PageID: 165

Case 3:11-mj-05017-TJB     Document 83     Filed 05/11/11     Page 2 of 3 PageID: 166

Case 3:11-mj-05017-TJB     Document 83     Filed 05/11/11     Page 3 of 3 PageID: 167
I 

108TH CONGRESS 

1ST SESSION H. R. 494

To amend the Internal Revenue Code of 1986 to allow a full deduction 

for meals and lodging in connection with medical care. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

Mr. PLATTS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to allow a 

full deduction for meals and lodging in connection with 

medical care.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FULL DEDUCTION FOR MEALS AND LODGING 

4 IN CONNECTION WITH MEDICAL CARE. 

5 (a) IN GENERAL.—Paragraph (2) of section 213(d) 

6 of the Internal Revenue Code of 1986 (relating to amounts 

7 paid for certain lodging away from home treated as paid 

8 for medical care) is amended—

9 (1) by inserting ‘‘MEALS AND’’ before ‘‘LODG10 ING’’ in the heading, 
2

•HR 494 IH 

1 (2) by inserting ‘‘meals and’’ before ‘‘lodging’’ 

2 in the text, and 

3 (3) by striking the last sentence. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to taxable years beginning after 

6 the date of the enactment of this Act.

Æ
Case 2:11-mj-07073-CLW Document 25 Filed 01/06/12 Page 1 of 2 PageID: 46
Case 2:11-mj-07073-CLW Document 25 Filed 01/06/12 Page 2 of 2 PageID: 47
<PAGE>
   
                                                                      EXHIBIT 23
    
 
                        CONSENT OF INDEPENDENT AUDITORS
 
The Board of Directors
Physician Corporation of America:
 
   
    We consent to incorporation by reference in the registration statements No.
33-48153, No. 33-65174 and No. 33-98406 on Form S-8 of Physician Corporation of
America of our report dated April 14, 1997, relating to the consolidated balance
sheets of Physician Corporation of America and subsidiaries as of December 31,
1996 and 1995 and the related consolidated statements of operations,
stockholders' equity (deficit), and cash flows for each of the years in the
three-year period ended December 31, 1996 and the financial statement schedule
listed in Item 14(a) which appears in the December 31, 1996 annual report on
Form 10-K/A1 of Physician Corporation of America.
    
 
   
    Our report dated April 14, 1997, contains an explanatory paragraph that
states that the Company is seeking alternatives to meet its obligations to its
credit facility lenders, has submitted a corrective plan to the State of Florida
Department of Insurance (DOI) to show cause why the DOI should not place the
Company's workers' compensation insurance subsidiary under state rehabilitation,
has suffered significant recent losses and has a deficiency in equity, which
raise substantial doubt about its ability to continue as a going concern. The
consolidated financial statements and financial statement schedule do not
include any adjustments that might result from the outcome of these
uncertainties.
    
 
KPMG Peat Marwick LLP
 
Miami, Florida
April 14, 1997
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 controls 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 (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting.
  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.
 Date: May 14, 2010
    By:
    /s/ Edward J. GildeaEdward J. GildeaCEO, President and Director
(Principal Executive Officer)
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-2714
AZELLA COCHRAN, Executor of the Estate of Willie Stratford, Plaintiff - Appellant, versus CSX TRANSPORTATION, INCORPORATED; JAMES LEE POOLE, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (CA-93-2594-3-17BC) Submitted: January 18, 1996 Decided: January 31, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Azella Cochran, Appellant Pro Se. William Parham Simpson, Steven Todd Moon, Boyd Benjamin Nicholson, Jr., HAYNSWORTH, MARION, MCKAY & GUERARD, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order dismissing her wrongful death action as barred by the applicable statute of limitations. 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 affirm on the reasoning of the district court. Cochran v. CSX Transportation, Inc. , No. CA-93-2594-3-17BC (D.S.C. Aug. 17, 1995). 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.

AFFIRMED
Case 2:11-cr-00199-SDW Document 11 Filed 11/03/11 Page 1 of 2 PageID: 61
Case 2:11-cr-00199-SDW Document 11 Filed 11/03/11 Page 2 of 2 PageID: 62
EXHIBIT 23(a)CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in Registration Statements (Form S-8, Nos. 33-17196,33-44822, 33-44877, 33-44876, 33-22459, 33-38491,33-54075, 33-54079, 33-54077, 333-47833,333-28273, 333-38752, 333-62568,333-62572, and 333-117017) pertaining to various stock option,employee savings, deferred compensation and restricted stock plans and in Registration Statements(Form S-3, Nos. 33-36001, 333-60175, 333-121743, and 333-133092) pertaining to a universal shelfregistration statement and registration of preferred stock and common stock warrants of Wellman,Inc. of our reports dated March 24, 2008, with respect to the consolidated financial statements andfinancial statement schedule of Wellman, Inc., and the effectiveness of internal control overfinancial reporting of Wellman, Inc., included in this Annual Report (Form 10-K) of Wellman, Inc.for the year ended December 31, 2007./s/ Ernst & Young LLP
**Raw Material Purchase / Sales Contract**

|                                                                                                   |   | Date signed : 2009-03-25

Delivery Date:2009-04-16 |   |
|--------------------------------------------------------------------------------------------------------|--------|----------------------------------------------------|--------|
|                                                                                                   |   | Place: Haikou                                      |   |
| Accordingly to friendly negotiation, both Parties agree to the term and condition stated as following, |   |

1 Name, specification, quantity and total amount of product         

| Name of Product             |     Quality standard    and specification | Unit         | Unit price                    (RMB) | Quantity    | Amount(RMB)  |
|-----------------------------|-------------------------------------------------------------------------|--------------|-------------------------------------|-------------|--------------|
| Brain tissue initial liquid |                                                                    | ml           | 2.00                                | 873,950     | 1,747,900.00 |
|  FDHB                  |                                                                    | mg           |  400.00                        |  7,300 | 2,920,000.00 |
| Total amount                | four million six hundred sixty seven thousand nine hundred only         | 4,667,900.00 |

2 Quality standard: according to the national standard, and will take the relevant responsibility for product return and exchange.

3 Ways and fees of transportation: to be born by the seller

4 Package standard: factory original package without charge

5 Check and examination standard: according to the national standard, and the buyer must declare any complain within 15 days of the receipt

6 Terms of payment: payment on the check and examination of the receipt of the product

7 Dispute: both parties will negotiate for any dispute under this agreement, and will further go litigation if no solution after negotiation.

8 Others:

9 This contract is in duplicate for each party and will enter effect after sign and seal of both parties. Original documents and copy enjoy the same legal effect.

 

----

 

Seller: Hainan Xinxin Biotechnology Co., Ltd.        Address: Haiyan Building, No. 2 Daying village, Haikou        Agent: Yun Zhu        Phone: 66704636        Fax: 66704636        Bank: BANK OF CHINA HAINAN BRANCH BANK DEPARTMENT

Bank account number: 780616075018091001        Tax number: 46010074257023X                 Buyer: Helpson Medical & Biotechnology Co., Ltd.        Address: C09-2 Bonded Zone, Haikou        Agent: Bing Lin        Phone: 0898-66811911        Fax: 0898-66819024        Bank: Commercial Bank Jinpan Branch        Bank account number: 2201020119000024276        Tax number: 46010062000933X
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 95-30531

____________________

HERBERT J. AUCOIN;

PENNY ST. GERMAIN AUCOIN, Wife,

Plaintiffs-Appellants,

and

AMER PLANT SERVICES, INC., and 

LANDMARK INSURANCE COMPANY;

Intervenors-Plaintiffs-Appellants,

versus

CNI GIRDLER INC., a/k/a Bartlett-Snow, Inc.;

SKF BEARINGS, INC.; BARTLETT-SNOW, A Division

of Combustion Engineering, Inc.; MIETHER

BEARING PRODUCTS, INC., A Division of Alco

Industries, Inc., successor in interest to

Miether Machine Works, inc; KENNEDY VAN SAUN

CORP., A subsidiary of McNally Pittsburg

SEQUOIA VENTURES, INC., Successor in interest

to C&I Girdler, Inc.,

Defendants,

and

SVEDALA INDUSTRIES, INC., incorrectly

named as Kennedy Van Saun Corp.,

Defendant-Appellee.

_______________________________________________________________

Appeal from the United States District Court for the

Eastern District of Louisiana

(CA-93-2565-N)

_______________________________________________________________

February 14, 1996

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
 

*Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

 

1The plaintiffs initially contend that the characterization of

a transaction as a contract of sale or a construction contract is

necessarily an issue of fact for which summary judgment is

improper. This argument is without merit. See, e.g., Smith v.

Arcadian Corp., 657 So.2d 464 (La.App. 3d Cir. 1995). 

 

2We also affirm the district court's denial of the plaintiffs'

motion for new trial, properly construed by the district court as

a third motion for reconsideration, on the basis that it raised an

entirely new theory of liability.

PER CURIAM:*

The central issue in this diversity case is whether the

contract between Sveldala Industries, Inc., and Sequoia Ventures,

Inc., for a granulator constitutes a contract of sale or a

construction contract under Louisiana law.1 The district court

determined that it was a construction contract and thus applied the

ten-year peremptive period provided by section 9:2772 of the

Louisiana Revised Statutes to bar the claims of the plaintiffs.

Having reviewed the thoughtful opinion of the district court, the

briefs of the parties, and the record, we find no error in the

analysis of the district court, and therefore AFFIRM.2

A F F I R M E D.
UPS-12.31.2012-Exhibit10.9(3)






Exhibit 10.9(3)










UNITED PARCEL SERVICE, INC. 
DISCOUNTED EMPLOYEE STOCK PURCHASE PLAN
AS AMENDED AND RESTATED
EFFECTIVE OCTOBER 1, 2002


AMENDMENT NUMBER THREE


WHEREAS, United Parcel Service, Inc. (“UPS”) has adopted the United Parcel Service, Inc. Discounted Employee Stock Purchase Plan, as amended and restated effective October 1, 2002 (the “Plan”); and


WHEREAS, Pursuant to Section 15 of the Plan, the Board of Directors of UPS (the “Board”) has the authority to amend the Plan, subject to shareholder approval in certain circumstances; and


WHEREAS, the Board has deemed it advisable to amend Section 4 of the Plan to increase the number of shares of Stock available for purchase under the Plan, subject to the approval of the shareholders  of UPS of such amendment; and


WHEREAS, UPS desires to evidence such amendment by this Amendment Number Three;


NOW, THEREFORE, BE IT RESOLVED, that, effective as of February 9, 2012, the Plan shall be and hereby is amended as follows, subject to shareholder approval:  


		
	1.
	The first sentence of 4, Stock Available for Purchase Under this Plan, hereby is amended to read as follows:




“There shall be twenty million (20,000,000) shares of Stock available under this Plan (subject to adjustment pursuant to § 13), which shares of Stock may be reserved to the extent that the Administrator deems appropriate from authorized but unissued shares of Stock or from shares of Stock that have been reacquired by UPS.”


		
	2.
	Except as otherwise expressly amended herein, the terms and conditions of the Plan as in effect immediately before February 9, 2012 shall remain in full force and effect.




IN WITNESS WHEREOF, the undersigned certifies that United Parcel Service, Inc., based upon action by the Board dated February 9, 2012, has caused this Plan Amendment Number Three to be adopted.


	
					
	ATTEST:
	 
	UNITED PARCEL SERVICE, INC.

	 
	 
	 
	 
	 

	/s/ Joseph B. Amsbary, Jr.
	 
	 
	/s/ Teri P. McClure
	 

	Joseph B. Amsbary, Jr.
	 
	 
	Teri P. McClure
	 

	Assistant Secretary
	 
	 
	Senior Vice President, General Counsel and Corporate Secretary

	 
	 
	 
	 
	 

	 
	 
	 
	Date: December 18, 2012
EXHIBIT 32.01

CERTIFICATIONS

(Pursuant to 18 U.S.C.
Section 1350)

The undersigned hereby certifies that (i) the foregoing Quarterly Report on Form 10-Q
filed by Bank of the Carolinas Corporation (the Registrant) for the quarter ended September 30, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and
(ii) the information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                        |  |  |  |  |  |                                      
|----------------------- |  |  |  |  |  | -------------------------------------
|Date: November 13, 2009 |  |  |  |  |  | /s/ Robert E. Marziano               
|                        |  |  |  |  |  | Robert E. Marziano                   
|                        |  |  |  |  |  | President and Chief Executive Officer