alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed August 10 , 2020



### In The 

# Eleventh Court of Appeals

__________

No. 11

- 20

- 00 176

- CV

__________

IN RE GERMANIA SELECT INSURANCE COMPANY

Original Mandamus Proceeding

O R D E R

In conjunction with its original mandamus proceeding, Germania Select

Insurance Company has filed in this court a motion for temporary relief. In that

motion, Germania requests “temporary relief in the form of abatement of discovery

on plaintiff’s claims for extracontractual liability.” Germania asserts that such

temporary relief is necessary in order to protect Germania from undue expense,

harassment, and expenditure of resources during this process and also to preserve

and protect this court’s jurisdiction over the petition for writ of mandamus that was

filed concurrently with the motion. See T EX

. R. A PP

. P . 52.10(a).

Pursuant to Rule 52.10(b) of the Texas Rules of Appellate Procedure, we grant

Germania’s motion for temporary relief and hereby stay any further discovery2

related to the extracontractual claims asserted by the real party in interest against

Germania. Such discovery is stayed pendi ng further order of this court or final

disposition of this mandamus proceeding.

PER CURIAM

August 10 , 2020

Panel consists of: Bailey, C. J.

, Stretcher , J., and Wright, S.C.J. 1

Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland,
sitting by assignment.
**Exhibit 21.1**

**POLYMER GROUP, INC.**

**LIST OF SUBSIDIARIES OF THE COMPANY**

The following comprises a list of the subsidiaries of the Company as of December 31, 2011: 

Albuma S.A.S. 

Bonlam, S.A. de C.V. 

Bonlam Holdings B.V. 

Chicopee Asia, Limited 

Chicopee Holdings B.V. 

Chicopee Holdings C.V.

Chicopee, Inc. 

Difco PerformanceFabrics, Inc. 

Dominion Textile (USA), L.L.C. 

Dominion Textile Inc. 

Dominion Textile Mauritius Inc. 

DT Acquisition Inc. 

Fabrene, L.L.C. 

Fabrene, Inc. 

Geca-Tapes B V 

Geca-Tapes (S) Pte Ltd 

Nanhai NanxinNon-Woven Co. Ltd. 

Nordlys S.A.S 

PGI Argentina S.A. 

PGI Colombia LTDA

PGI Europe, Inc. 

PGI Holdings B V

PGI Non-woven (Foshan) Co., Ltd. 

PGI Nonwovens B.V. 

PGI Nonwovens (China) Co.,Ltd. 

PGI Nonwovens Limited 

PGINonwovens (Mauritius) 

PGI Neunkirchen GmbH 

PGI Nonwovens Switzerland Sarl 

PGI Polymer, Inc. 

PGI Spain S.L. 

Pristine Brands Corporation

Tecsalca Polska SP. ZO.O
Exhibit 32.1.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Robert B. Barnhill, Jr., Chief Executive
Officer of TESSCO Technologies Incorporated, (the Company), certify, pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,
that:  1.             The Annual Report on Form 10-K
of the Company for the annual period ended March 29, 2009, (the Report),
fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m); 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: May 27, 2009
  /s/ Robert B.
  Barnhill, Jr.Robert B. Barnhill, Jr.   The foregoing
certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. § 1350, and is not being filed for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, and is not to be incorporated by
reference into any filing of the Company, whether made before or after the date
hereof, regardless of any general incorporation language in such filing.
Exhibit 31.2




CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


REQUIRED BY RULE 13A - 14(A) OR RULE 15D - 14(A)




I, Bob Bates, Chief Financial Officer, certify that:




1. I have reviewed this quarterly report on Form 10-Q of Inova Technology Inc.




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 small business issuer as of, and for, the periods presented in this report;




4. The small business issuer'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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and




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




Date: September 17, 2012
/s/ Bob BatesChief Financial Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Erico DEOLIVEIRA, Defendant-Appellant.

No. 09-15712.

United States Court of Appeals, Eleventh Circuit.

April 11, 2011.

Timothy R. Saviello, Law Offices of Tim Saviello, L.L.C., Atlanta, GA, for Defendant-Appellant.

Reuben Green, Lawrence R. Sommerfeld, U.S. Attorney’s Office, Atlanta, GA, for Plaintiff-Appellee.

Before MARTIN, FAY and BLACK, Circuit Judges.

PER CURIAM:

Erico Deoliveira appeals his sentence of 78 months’ imprisonment, imposed after he pled guilty to laundering of monetary instruments, in violation of 18 U.S.C. § 1956(a)(3)(B) and (C). Deoliveira argues on appeal the district court incorrectly calculated his loss amount by including $230,000 in funds based on his statement *859to a confidential informant that he had previously laundered that amount. Deoliveira also argues the district court clearly erred in applying the U.S.S.G. § 2S1.1(b)(3)(B) enhancement for using sophisticated means to launder funds, and his sentence is substantively unreasonable.

After careful review of the record and the parties’ briefs, and having the benefit of oral argument, we affirm Deoliveira’s sentence. The district court did not clearly err in calculating Deoliveira’s loss amount, which was supported by corroborating evidence, nor did it clearly err in applying the sophisticated means enhancement based on Deoliveira’s use of layering. Finally, the district court did not abuse its discretion by sentencing Deoliveira to a within-guidelines sentence.

AFFIRMED.
Exhibit-21.1
Subsidiaries of the Company

<TABLE>
<Caption>

                                   State of
           Names                Incorporation     D/B/A (if applicable)
-----------------------------   -------------  --------------------------
<S>                                 <C>                    <C>
The Healthy Edge, Inc.            Arizona
Chamberlin Natural Foods, Inc.    Florida       Chamberlin's Market & Cafe
Health Food Associates, Inc.      Oklahoma      Akin's Natural Foods Market
Hawaiian Natural Water Co., Inc.  Delaware
The Beverage Group, Inc.          Delaware
Trinity Springs, Inc.             Delaware

</Table>
<PAGE>

                             CORNELL COMPANIES, INC.

                 Statement Re: Computation of Per Share Earnings
                     (in thousands except per share amounts)

<TABLE>
<CAPTION>
                                                                                  THREE MONTHS ENDED MARCH 31,
                                                                        ----------------------------------------------
                                                                                 2001                        2000
                                                                        -----------------------  ---------------------
                                                                          BASIC     DILUTED       BASIC        DILUTED
                                                                        -----------------------  ---------------------
<S>                                                                     <C>        <C>           <C>        <C>
Net Earnings                                                              $ 824      $ 824       $ 1,971       $ 1,971
                                                                        =======================  =====================

Shares used in computing net earnings per share:
     Weighted average common shares and
       common share equivalents                                          10,182     10,182        10,149        10,149


     Less treasury shares                                                  (955)      (955)         (697)         (697)

     Effect of shares issuable under stock options
       and warrants based on the treasury stock method                        -        201             -           150
                                                                        -----------------------  ---------------------

                                                                          9,227      9,428         9,452         9,602
                                                                        -----------------------  ---------------------

 Net earnings per share                                                  $ 0.09     $ 0.09        $ 0.21        $ 0.21
                                                                        =======================  =====================
</TABLE>
Exhibit 32.1

CERTIFICATE OF

PRINCIPAL EXECUTIVE OFFICER 

AND

 PRINCIPAL FINANCIAL OFFICER

OF

ADUDDELL INDUSTRIES, INC.

I, Tim Aduddell, President, Chief Executive Officer and Interim Chief Financial Officer of Aduddell Industries, Inc. (the “Company”), hereby certify that, to the best of my knowledge, the annual report of the Company on Form 10-K for the year ended December 31, 2007 (the “Report”):

|   | a. | complies with the requirements of Section 13(a) or 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 of the Company at December 31, 2007, and the results of the Company’s operations for the year ended December 31, 2007. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|                  |   |   |   |                                     |
|-----------------------|--------|--------|--------|------------------------------------------|
| Date:  April 30, 2008 |   |        |   | s/Tim Aduddell                           |
|                  |   |   |   |                                     |
|                  |   |   |   | Tim Aduddell                             |
|                  |   |   |   | *President, Chief Executive Officer and* |
|                  |   |   |   | *Interim Chief Financial Officer*        |
#### Coventry Real Estate Advisors, L.L.C., et al., Appellants-Respondents, v DDR Corp., Formerly Known as Developers Diversified Realty Corporation, et al., Respondents-Appellants.

[988 NYS2d 583]

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 19, 2013, which, to the extent appealed from as limited by the briefs, granted, among other things, summary judgment dismissing the third, sixth and seventh causes of action in their entirety, and the fourth cause of action in part, unanimously modified, on the law, to reinstate that part of plaintiffs’ fourth cause of action based on claims for breach of the management agreements for failure to provide proper narrative leasing reports, and otherwise affirmed, without costs.

The sixth and seventh causes of action for fraudulent inducement and negligent misrepresentation were properly dismissed. As in the related Ohio action, plaintiffs’ evidence as to defendants’ conduct can support, at most, claims for breach of contract and not claims based in fraud *(see Albemarle Theatre v Bayberry Realty Corp.,*27 AD2d 172, 176 [1st Dept 1967]).

The court properly rejected defendants’ argument that the breach of contract claims should be dismissed in their entirety based on the indemnification provision in the parties’ agreement. Defendants did not establish that the indemnification provision satisfied the exacting standard of language “exclusively or unequivocally referable to claims between the parties themselves” as opposed to third-party claims only *(see Hooper Assoc. v AGS Computers,*74 NY2d 487, 492 [1989]; *Gate Five, LLC v Knowles-Carter,*100 AD3d 416 [1st Dept 2012]).

The court properly dismissed the third cause of action for *548breach of development agreements and some parts of the fourth cause of action for breach of management and leasing agreements based on the finding that they were supported by conclusory allegations and lacked record support to show a material issue of fact. The court, however, erred to the extent it dismissed the fourth cause of action insofar as it alleged defendants’ breach of their duty to provide proper narrative leasing reports, since defendants failed to make a prima facie case that the reports they provided were sufficient pursuant to the agreements.

Finally, the breach of contract claims against defendants with respect to the Bloomfield Park Property were properly dismissed based on the rulings in the related Michigan action, which rejected a derivative claim alleging such breaches that was brought on behalf of the property owner plaintiff who is the real party in interest for the contract claims in this action.

Concur — Mazzarelli, J.P, Friedman, Saxe and Feinman, JJ.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3150 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3150

To require the Secretary of Agriculture to use section 32 of the Act of 
 August 24, 1935, to provide compensation to certain poultry producers 
   whose poultry production contracts were terminated or not renewed 
  because of the closure of poultry processing plants and other cost 
    cutting measures undertaken by a poultry processing company in 
                         bankruptcy protection.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2009

 Mr. Etheridge (for himself, Mr. Ross, Mr. Kissell, Mr. McIntyre, Mr. 
Holden, and Mr. Bishop of Georgia) introduced the following bill; which 
              was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To require the Secretary of Agriculture to use section 32 of the Act of 
 August 24, 1935, to provide compensation to certain poultry producers 
   whose poultry production contracts were terminated or not renewed 
  because of the closure of poultry processing plants and other cost 
    cutting measures undertaken by a poultry processing company in 
                         bankruptcy protection.

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

SECTION 1. COMPENSATION FOR ECONOMIC LOSSES DUE TO LOSS OF POULTRY 
              PRODUCTION CONTRACTS WITH BANKRUPT POULTRY PROCESSING 
              COMPANY.

    Using not more than $50,000,000 of amounts in the fund established 
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), and the 
authority provided by paragraph (3) of the second sentence of such 
section, the Secretary of Agriculture, acting through the Farm Service 
Agency, shall provide compensation to poultry producers whose poultry 
production contracts were terminated or not renewed during the period 
beginning on July 1, 2008, and ending on the date of the enactment of 
this Act, because of the closure of poultry processing plants and other 
cost cutting measures undertaken by a poultry processing company in 
bankruptcy protection. A poultry producer seeking compensation under 
this section shall be required to document to the satisfaction of the 
Secretary the termination or non-renewal of a production contract and 
the subsequent economic losses incurred by the producer as a result of 
the termination or non-renewal of the contract by the poultry 
processing company.
                                 <all>
```
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 33-85272,
33-94972, 333-87715, 333-39129, 333-41954, 333-54010, 333-59859, 333-63156, 333-100094, 333-113683, 333-119799, 333-128529,
and 333-130419) of Mattson Technology, Inc. of our report dated March 2, 2007, relating to the financial
statements, financial statement schedule, management's assessment of the effectiveness of internal control over financial reporting and
the effectiveness of internal control over financial reporting, which appears in this Annual Report on Form 10-K.

/s/ PricewaterhouseCoopers LLP 
San Jose, California 
March 2, 2007

---
Exhibit 10.19

GRAPHIC

ALDERWOODS SUPPORT FUNCTION ANNUAL INCENTIVE PLAN

1.     GLOSSARY OF DEFINITIONS

The following is a definition of terms used in this document:



2.     PURPOSE

The purpose of the Incentive Plan (The Plan) is to continue to promote and reward an employee's excellent performance.

3.     THE PLAN



4.     ELIGIBILITY

During each calendar year an employee is eligible to participate in The Plan if:



---





An
employee is NOT eligible to participate in The Plan for any calendar year if:



5.     DETERMINATION AND PAYMENT OF BONUS AWARDS

Determination and payment of Awards under the Plan is as follows:

a)Determination of Bonus Awards.



b)Calculation of Final Bonus Award.





---







Calculation of Bonus Award-Support Function

GRAPHIC



---





6.     WITHHOLDING

The Company shall withhold any taxes or other amounts as required by law.

7.     AMENDMENT OR TERMINATION

This Plan may be amended, changed or terminated at any time at the Company's discretion and without notice.

8.     PLAN ADMINISTRATION



---





QuickLinks
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2999 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 2999

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2010

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT

 
  To amend the Public Health Service Act to enhance and increase the 
      number of veterinarians trained in veterinary public health.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterinary Public Health Amendments 
Act of 2010''.

SEC. 2. INCLUSION OF VETERINARY PUBLIC HEALTH IN CERTAIN PUBLIC HEALTH 
              WORKFORCE PROVISIONS.

    (a) Public Health Workforce Grants.--Subsections (b)(1)(A) and 
(d)(6) of section 765 of the Public Health Service Act (42 U.S.C. 295) 
are amended by inserting ``veterinary public health,'' after 
``preventive medicine,'' each place it appears.
    (b) Public Health Workforce Loan Repayment Program.--
            (1) In general.--Subparagraphs (A) and (B) of section 
        776(b)(1) of the Public Health Service Act (42 U.S.C. 295f-
        1(b)(1)) are amended by striking ``public health or health 
        professions degree or certificate'' each place it appears and 
        inserting ``public health (including veterinary public health) 
        or health professions degree or certificate''.
            (2) Technical correction.--Subparagraph (A) of section 
        776(b)(1) of the Public Health Service Act (42 U.S.C. 295f-
        1(b)(1)) is amended by adding ``or'' at the end.
    (c) Definition.--Section 799B of the Public Health Service Act (42 
U.S.C. 295p) is amended by adding at the end the following:
            ``(27) Veterinary public health.--The term `veterinary 
        public health' includes veterinarians engaged in one or more of 
        the following areas to the extent such areas have an impact on 
        human health: biodefense and emergency preparedness, emerging 
        and reemerging infectious diseases, environmental health, 
        ecosystem health, pre- and post-harvest food protection, 
        regulatory medicine, diagnostic laboratory medicine, veterinary 
        pathology, biomedical research, the practice of food animal 
        medicine in rural areas, and government practice.''.

            Passed the House of Representatives September 30 
      (legislative day September 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
Exhibit 32.2




CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


REQUIRED BY RULE 13A - 14(B) OR RULE 15D - 14(B) AND 18 U.S.C. 1350




In connection with the Quarterly Report of Inova Technology Inc. on Form 10-Q for the period ended July 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report" ), I, Bob Bates, CFO of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, 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.




By: /s/ Bob BatesBob BatesCFODecember 17, 2012
#### The People of the State of New York, Respondent, v Albert McLaurin, Appellant.

[859 NYS2d 890]

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered on or about March 14, 2006, unanimously affirmed. No opinion. Order filed. Concur—Mazzarelli, J.P., Andrias, Williams and Renwick, JJ.