alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ARMED SERVICES BOARD OF CONTRACT APPEALS• 

Appeal of --

Better Built + Clark, LLC 

Under Contract No. N40083-1 O-C-0021 

APPEARANCE FOR THE APPELLANT: 

) 

) 

) 

) 

) 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 60305 

R. Edward Boucher, Esq. 

Kotz Sangster Wysocki P.C. 

Detroit, MI 

Craig D. Jensen, Esq. 

Navy Chief Trial Attorney 

Timothy J. Cothrel, Esq. 

Trial Attorney 

ORDER OF DISMISSAL WITHOUT PREJUDICE 

Appellant appealed the decision of the contracting officer denying its claim for 

additional costs associated with electrical work related to construction of an Armed 

Forces Reserve Center, Akron, Ohio. The parties agreed to a settlement, however, the 

settlement amount of $165,000 has not been paid. The parties jointly request that the 

Board dismiss without prejudice pursuant to Board Rule 18(b) pending payment of the 

agreed upon settlement amount. Accordingly, the above-referenced appeal is hereby 

dismissed without prejudice. Unless either party or the Board acts within 180 days from 

the date of this Order to reinstate this appeal, the dismissal shall be deemed with prejudice. 

Dated: August 15, 2019 

Administrative Judge 

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. 60305, Appeal of Better Built+ Clark, 

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

Dated: 

PAULLA K. GATES-LEWIS 

Recorder, Armed Services 

Board of Contract Appeals
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<ARTICLE>          5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ACG
HOLDINGS, INC.'S CONSOLIDATED FINANCIAL STATEMENTS FOR THE TWELVE MONTH
PERIOD ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                  856710
<NAME>                 ACG HOLDINGS, INC.
<MULTIPLIER>                                               1,000
<CURRENCY>                                                 U.S. DOLLARS
       
<S>                                  <C>
<PERIOD-TYPE>                        12-MOS
<FISCAL-YEAR-END>                                          MAR-31-1998
<PERIOD-START>                                             APR-01-1997
<PERIOD-END>                                               MAR-31-1998
<EXCHANGE-RATE>                                            1
<CASH>                                                     0
<SECURITIES>                                               0
<RECEIVABLES>                                              67,902
<ALLOWANCES>                                               2,112
<INVENTORY>                                                10,795
<CURRENT-ASSETS>                                           80,163
<PP&E>                                                     256,317
<DEPRECIATION>                                             96,684
<TOTAL-ASSETS>                                             329,958
<CURRENT-LIABILITIES>                                      68,553
<BONDS>                                                    185,000
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                                   1
<OTHER-SE>                                                 (106,085)
<TOTAL-LIABILITY-AND-EQUITY>                               329,958
<SALES>                                                    533,335
<TOTAL-REVENUES>                                           533,335
<CGS>                                                      461,407
<TOTAL-COSTS>                                              461,407
<OTHER-EXPENSES>                                           269
<LOSS-PROVISION>                                           908
<INTEREST-EXPENSE>                                         38,956
<INCOME-PRETAX>                                            (27,122)
<INCOME-TAX>                                               2,106
<INCOME-CONTINUING>                                        (29,228)
<DISCONTINUED>                                             667
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                               (29,895)
<EPS-PRIMARY>                                              0
<EPS-DILUTED>                                              0
        


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

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM MARCH 31, 1997 10-Q BALANCE SHEET & INCOME STATEMENT AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               33,963,095
<ALLOWANCES>                                         0
<INVENTORY>                                  3,117,314
<CURRENT-ASSETS>                            40,790,611
<PP&E>                                      22,655,452
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             106,818,140
<CURRENT-LIABILITIES>                       30,858,380
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       100,304
<OTHER-SE>                                  56,301,218
<TOTAL-LIABILITY-AND-EQUITY>               106,818,140
<SALES>                                     33,764,708
<TOTAL-REVENUES>                            33,764,708
<CGS>                                       14,297,338
<TOTAL-COSTS>                               14,297,338
<OTHER-EXPENSES>                            15,792,113
<LOSS-PROVISION>                             1,048,543
<INTEREST-EXPENSE>                             661,531
<INCOME-PRETAX>                              3,013,726
<INCOME-TAX>                                 1,205,474
<INCOME-CONTINUING>                          1,808,252
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,808,252
<EPS-PRIMARY>                                      .18
<EPS-DILUTED>                                      .18

</TABLE>
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 of Protein Polymer Technologies, Inc. (the
      "Company") on Form 10-KSB/A for the year ended December 31, 2007 as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), the
      undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant
      to §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 result of operations of the
                Company.





/s/
      JAMES
      B. MCCCARTHY





James
      B.
      McCarthy


Interim
      Principal Financial Officer


August
      12, 2008
exv10wkkwx1y





Exhibit 10kk(1)


AMENDMENT

TO

HUBBELL INCORPORATED

SUPPLEMENTAL MANAGEMENT RETIREMENT PLAN

Effective as of September 12, 2007




     This Amendment (the “Amendment”), is adopted by Hubbell Incorporated, a Connecticut
corporation (the “Company”), for the purpose of amending that certain Hubbell Incorporated
Supplemental Management Retirement Plan, effective as of September 12, 2007 (as amended, the
“Plan”). Capitalized terms used in this Amendment and not otherwise defined herein shall
have the meanings assigned to such terms in the Plan.



     WHEREAS, Section 10.3 of the Plan provides that the Company may amend the Plan as appropriate
to comply with the requirements of Section 409A of the Internal Revenue Code of 1986 and related
Department of Treasury guidance (collectively, “Section 409A”), including any such
amendment with retroactive effect, provided that no such amendment shall be effective without the
Participant’s consent unless it preserves the Participant’s economic benefit prior to such
amendment;



     WHEREAS, the Company has determined that it is in the best economic interests of the
Participants to amend the Plan for Section 409A compliance;



     WHEREAS, pursuant to Internal Revenue Service Notice 2010-6, certain corrective amendments
adopted for Section 409A documentary compliance purposes on or prior to December 31, 2010 shall be
deemed to have been made as of January 1, 2009 (the “Effective Date”); and



     WHEREAS, this Amendment is being adopted in accordance with Section 10.3 of the Plan and is
intended to comply with the requirements of Internal Revenue Service Notice 2010-6.



     NOW, THEREFORE, in consideration of the foregoing recitals, the Plan is hereby amended as
follows, effective as of the Effective Date:



     1. Section 13.2(b) of the Plan is hereby amended and restated in its entirety as follows:




     “(b) Each Participant on the date of the Change in Control of Hubbell who
experiences a Separation from Service prior to the second anniversary of such Change
in Control of Hubbell, shall have his Retirement Benefit paid out in one lump sum on
the later of (i) the tenth day of the seventh month following such Participant’s
Separation from Service or (ii) ten days after such Change in Control of Hubbell.
The amounts to be paid out in such lump sum shall be calculated using the actuarial
assumptions set forth on Exhibit A, attached hereto. For the avoidance of doubt,
the provisions of this Section 13.2(b) shall not apply to any Participant who
experiences a Separation from Service following the second anniversary of the Change
in Control of Hubbell.”



 









 





     2. Except as modified by the forgoing, the terms and conditions of the Plan shall remain in
full force and effect following the adoption of this Amendment.



     IN WITNESS WHEREOF, the Company has adopted this Amendment as of December 28, 2010.



	 	 	 	 	 
	 	HUBBELL INCORPORATED

 	 
	 	 	 
	 	  	/s/ James H. Biggart 	 
	 	 	Vice President and Treasurer
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60283 Summary Calendar

BRYCE DALLAS, Plaintiff-Appellant,

versus TOMMY JACKSON, Individually and Officially, ET AL., Defendants, TOMMY JACKSON, Individually and Officially, Defendant-Appellee. * * * * * * * * * * * * * * * * BRYCE DALLAS, Plaintiff,

versus KENNETH MCLENDON ET AL., Defendants.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 3:93-CV-178-WS

- - - - - - - - - - June 12, 1997 Before JONES, DeMOSS and PARKER, Circuit Judges. PER CURIAM: * Bryce Dallas has appealed the district court’s summaryNo. 96-60283 - 2 - judgment dismissing his civil rights claims against Tommy Jackson. As his appellate brief, Dallas has presented only a photocopy of a combined cross-motion for summary judgment and response to Jackson’s summary-judgment motion, which Dallas filed in the district court. By failing to identify or brief any appellate issue, Dallas has in effect abandoned any issues he may have raised on appeal, relative to the findings and conclusions which the district court stated in granting summary judgment to Jackson and in denying Dallas’s said motion. See Al-Ra’id v. Ingle , 69 F.3d 28, 31, 33 (5th Cir. 1995); Weaver v. Puckett , 896 F.2d 126, 128 (5th Cir. 1990). JUDGMENT AFFIRMED.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
         EXTRACTED FROM THE UNAUDITED CONSOLIDATED FINANCIAL
         STATEMENT OF ALYN CORPORATION FOR THE NINE MONTH PERIOD
         ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
         REFERENCE TO SUCH FINANCIAL STATEMENTS.
         </LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                       909
<SECURITIES>                                   0
<RECEIVABLES>                                 48
<ALLOWANCES>                                   2
<INVENTORY>                                   35
<CURRENT-ASSETS>                           1,026
<PP&E>                                       426
<DEPRECIATION>                                24
<TOTAL-ASSETS>                             3,955
<CURRENT-LIABILITIES>                        597
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       8
<OTHER-SE>                                (1,219)
<TOTAL-LIABILITY-AND-EQUITY>               3,955
<SALES>                                      123
<TOTAL-REVENUES>                             158
<CGS>                                         90
<TOTAL-COSTS>                                115
<OTHER-EXPENSES>                           1,188
<LOSS-PROVISION>                               8
<INTEREST-EXPENSE>                           113
<INCOME-PRETAX>                           (1,230)
<INCOME-TAX>                                   2
<INCOME-CONTINUING>                       (1,232)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                              (1,232)
<EPS-PRIMARY>                              (0.15)
<EPS-DILUTED>                              (0.15)
        

</TABLE>
exv10wf






EXHIBIT 10(f)




Schedule of Executive Officers who are Parties

to the Amended and Restated Severance Agreements in the Forms Filed as

Exhibit 10(e) to the Company’s Annual Report on Form 10-K

For the Fiscal Year Ended December 31, 2010



Form A of Severance Agreement




Christopher M. Connor

John G. Morikis

Sean P. Hennessy



Form B of Severance Agreement




Robert J. Davisson

George E. Heath

Thomas E. Hopkins

Steven J. Oberfeld

Thomas W. Seitz

Louis E. Stellato

Robert J. Wells



Form C of Severance Pay Agreement



Allen J. Mistysyn
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS FOUND ON PAGES 3 THROUGH 5 OF THE
COMPANY'S FORM 10 Q FOR THE PERIOD ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          14,362
<SECURITIES>                                         0
<RECEIVABLES>                                  289,279
<ALLOWANCES>                                    18,207
<INVENTORY>                                          0
<CURRENT-ASSETS>                               326,174
<PP&E>                                         105,620
<DEPRECIATION>                                  17,891
<TOTAL-ASSETS>                                 549,068
<CURRENT-LIABILITIES>                          294,176
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                      31,084
<TOTAL-LIABILITY-AND-EQUITY>                   549,068
<SALES>                                      1,124,843
<TOTAL-REVENUES>                             1,124,843
<CGS>                                          847,335
<TOTAL-COSTS>                                1,124,545
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,098
<INCOME-PRETAX>                               (12,272)
<INCOME-TAX>                                   (4,503)
<INCOME-CONTINUING>                            (7,769)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,769)
<EPS-PRIMARY>                                   (3.88)
<EPS-DILUTED>                                   (3.88)
        

</TABLE>
CIRCUIT COURT OF FAIRFAX COUNTY

#### Bowles v. Jones (In Re Jones)

April 28, 1986

Case Nos. (Juvenile) 1648 and 1714

By JUDGE F. BRUCE BACH

It has come to this court’s attention that appellant William C. Jones has not filed an appeal bond in the amount of $500.00 as set by the juvenile and domestic relations court which heard this matter originally. This court finds that the applicable law requires bond to be given within 30 days of the date of judgment in the lower court. Because such bond was never given, this court lacks jurisdiction to entertain an appeal, and this case must be dismissed.

Actions in the juvenile and domestic relations courts for support can be either criminal or civil in nature. *Prestera*v. Denny, 1 Va. App. 103, 104 (1985). Because Ms. Bowles instituted this action in the juvenile and domestic relations court upon a Petition for Support (Civil) (Form DC-610), this case presents a civil appeal. *Id.*Therefore, the proceedings in the circuit court are to conform to the rules of equity practice. Va. Code Section 16.1-296 (Supp. 1985); *Jones*v. Robinson, 229 Va. 276, 283, 329 S.E.2d 794 (1985). Va. Code Sections 16.1-106 through 16.1-114 (1982) set out the requirements for perfecting a civil appeal to the circuit court and the procedures to be followed upon appeal. These sections have been interpreted to establish a 30-day limit for giving bond. *See, Godlewski v. Gray,*221 Va. 1092, 277 S.E.2d 213 (1981). These statutory requirements for appeal *322bonds are mandatory and jurisdictional. *The Covington Virginian*v. *Woods,*182 Va. 538, 543, 29 S.E.2d 406, 408 (1944).

In its order dated July 18, 1985, the juvenile and domestic relations court (J. Valentine) made a finding of paternity and ordered Mr. Jones to make support payments of $150.00 per month. More than 30 days have elapsed since the date of that judgment and appellant Jones has failed to post any appeal bond. It is the opinion of this court that it has no jurisdiction to hear this appeal. Therefore, the July 18, 1985, order will be reinstated, and this appeal is dismissed.
Exhibit 31.2I, John R. Beaver, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Sterling Chemicals, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact 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 theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining 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 controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.Date: May 7, 2007       /s/ JOHN R. BEAVER         John R. Beaver    Senior Vice President — Finance and    Chief Financial Officer