alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Max Margulies, Defendant in Error, v. Fred Oppenheimer, Plaintiff in Error.

Gen. No. 15,184.

Employee and *employe—what does not authorise arbitrary discharge.*The right to terminate a contract of employment “for cause” means such cause as is contributed to by the employe and does not authorize an arbitrary discharge by the employer even though he may be the sole judge of the cause.

Error to the Municipal Court of Chicago; the Hon. Judson F. Going, Judge, presiding.

Heard in the Branch Appellate Court at the *521March term, 1910.

Affirmed.

Opinion filed January 24, 1911.

Rehearing denied March 3, 1911.

Henry S. Blum, for plaintiff in error.

Harry C. Levinson, for defendant in error.

Mr. Justice Baldwin

delivered the opinion of the court.

Max Margulies sued Fred Oppenheimer in the Municipal Court of Chicago, and recovered a verdict and judgment for $196, which judgment Oppenheimer seeks to reverse upon a writ of error.

On June 22, 1907, Oppenheimer being then engaged in the general commission business in Chicago, employed Margulies upon a written contract, running till May 1, 1908, at a salary of $25 per week. On December 7, 1907, without previous warning, he discharged Margulies, who sued for loss in wages by reason of his discharge.

Oppenheimer claims he was justified in discharging Margulies, because he found him inattentive to business, and otherwise unsatisfactory, and because the contract between them provided that the employer *1*‘for cause, may, at any time, terminate said employment, at his election. Of the cause for discharge, said Fred Oppenheimer shall be the sole judge.”

On the trial below, plaintiff (Margulies) contended that he was wrongfully discharged—not for “cause,” as contemplated by the contract, but merely because Oppenheimer thought business too dull to justify paying the salary, and he hoped to re-hire plaintiff, after discharging him, at a much less salary.

The evidence was heard by a jury, who had the witnesses before them. The instructions of the court fairly stated the law, and told the jury that, if they believed there was cause for the discharge, they must find for the defendant, if they believed that *r*j acted in good faith.

*522Plaintiff in error seems to contend, however, that Oppenheimer, under the terms of the contract, might lawfully discharge Margulies for any reason. We do not so construe the contract. Margulies’ contract for hiring was for a definite period, subject, however, to termination at any time *“for cause,”*but this clearly means such “cause” as is contributed to by Margulies, and not merely an arbitrary act' on the part of the other party to the contract, even though he he, as in this case, “the sole judge” of the “cause.”

The jury was properly instructed; the evidence before them was conflicting. Much depended upon the credibility of the witnesses to determine whether Oppenheimer acted in good faith, and we cannot say the verdict was manifestly against the weight of the evidence.

, The judgment must therefore be affirmed.

*Affirmed.*
§ 115.287 Data collection. ( a ) The agency shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions.
( b ) The agency shall aggregate the incident-based sexual abuse data at least annually.
( c ) The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice.
( d ) The agency shall maintain, review, and collect data as needed from all available incident-based documents including reports, investigation files, and sexual abuse incident reviews.
( e ) The agency also shall obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its residents.
( f ) Upon request, the agency shall provide all such data from the previous calendar year to the Department of Justice no later than June 30.
<PAGE>   1
                            HOUGHTON MIFFLIN COMPANY
         EXHIBIT 12 - COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN MILLIONS)


<TABLE>
<CAPTION>
                                                           Years Ended December 31,
                                           --------------------------------------------------------
                                            1999        1998        1997        1996       1995 (A)
                                           ------      ------      ------      ------      --------
<S>                                        <C>         <C>         <C>         <C>         <C>
Earnings (loss) before fixed charges:
 Net income (loss) before extra-
   ordinary item and cumulative
   effect of accounting changes            $ 46.0      $ 45.6      $ 49.8      $ 43.6        ($7.2)
 Provision (benefit) for income taxes        31.1        33.6        33.7        30.3         (4.2)
                                           ------      ------      ------      ------      -------
Income (loss) from continuing operations
 before taxes, extraordinary item, and
 cumulative effect of accounting changes     77.1        79.2        83.5        74.0        (11.4)
 Interest expense                            30.3        34.7        39.7        41.6         15.2
 Interest portion of rent expense*            4.1         3.1         2.7         3.0          3.8
                                           ------      ------      ------      ------      -------
Earnings (loss) before fixed charges       $111.5      $117.0      $125.9      $118.6       $  7.6
Fixed charges:
 Interest expense                            30.3        34.7        39.7        41.6         15.2
 Interest portion of rent expense*            4.1         3.1         2.7         3.0          3.8
                                           ------      ------      ------      ------      -------
Total fixed charges                        $ 34.4      $ 37.8      $ 42.4      $ 44.6       $ 19.0
Ratio of earnings to fixed charges            3.2         3.1         3.0         2.7          0.4
</TABLE>


(A)  Houghton Mifflin would need $11.4 million in additional income to cover its
     fixed charges in 1995.


*    Includes the portion of rent expense for each period presented that is
     deemed by management to be the interest component of such rentals.

                                       63
Order entered July 25 , 2018

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 18

- 00198

- CV

THE STATE OF TEXAS, Appellant

V.

CASH AUTO SALES, INC . F/K/A/ LARRY LAKE D/B/A CASH AUTO S ALES AND

VIP FINANCE OF TEXAS , INC. F/K/A TRAVIS LAKE D/B/A VIP FINAN CE, Appellee s

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 96

- 11528



### O RDER

Before the Court is appellees’ July 20, 2018 unopposed moti on for an extension of time

to file a brief. We GRANT the motion and extend the time to August 23, 2018

.

/s/ ADA BROWN

JUSTICE
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##### 



AMENDED
AND RESTATED
H. J. HEINZ COMPANY GLOBAL
STOCK PURCHASE PLAN




---



##### 



AMENDED
AND RESTATED
H. J. HEINZ COMPANY
 GLOBAL
STOCK PURCHASE PLAN
TABLE OF CONTENTS
 PageI.
    
    Purpose
    
    
    12.
    
    Definitions
    
    
    13.
    
    Eligibility
    
    
    34.
    
    Participation and Withdrawal
    
    
    35.
    
    Offering
    
    
    56.
    
    Purchase of Stock
    
    
    77.
    
    Payment and Delivery
    
    
    78.
    
    Recapitalization
    
    
    79.
    
    Merger, Liquidation, Other Corporation Transactions
    
    
    810.
    
    Transferability
    
    
    811.
    
    Amendment or Termination of the Plan
    
    
    812.
    
    Administration
    
    
    913.
    
    Committee Rules for Foreign Jurisdictions
    
    
    1014.
    
    Securities Laws Requirements
    
    
    1015.
    
    Government Regulations
    
    
    1016.
    
    No Enlargement of Employee Rights
    
    
    1017.
    
    Governing Law
    
    
    1118.
    
    Effective Date
    
    
    11




---



##### 



AMENDED
AND RESTATED
H. J. HEINZ COMPANY
 GLOBAL
STOCK PURCHASE PLAN
 1.
    
    PURPOSE.
  2.
    
    DEFINITIONS.
  Affiliate 
  Board 
  Code 
  Committee 
  Common Stock 
  Compensation 
 1




---



##### 



 Corporation 
  Designated Affiliate 
  Employee 
  Offering Date 
  Fair Market Value 
 e.g.,
   Participant 
  Plan 
  Purchase Date 
  Purchase Period 
  Shareholder 
 2




---



##### 



3.
    
    ELIGIBILITY.
 e.g
 4.
    
    PARTICIPATION AND WITHDRAWAL.
  3




---



##### 



4




---



##### 



e.g.,
 5.
    
    OFFERING.
     6.
    
    PURCHASE OF STOCK.
  5




---



##### 



7.
    
    PAYMENT AND DELIVERY.
  8.
    
    RECAPITALIZATION.
    6




---



##### 



9.
    
    MERGER, LIQUIDATION, OTHER CORPORATION TRANSACTIONS.
   10.
    
    TRANSFERABILITY.
  11.
    
    AMENDMENT OR TERMINATION OF THE PLAN.
     7




---



##### 



12.
    
    ADMINISTRATION.
  13.
    
    COMMITTEE RULES FOR FOREIGN JURISDICTIONS.
  8




---



##### 



14.
    
    SECURITIES AND EXCHANGE CONTROL LAWS REQUIREMENTS.
  15.
    
    GOVERNMENTAL REGULATIONS.
  16.
    
    NO ENLARGEMENT OF EMPLOYEE RIGHTS.
  17.
    
    GOVERNING LAW.
  18.
    
    EFFECTIVE DATE.
  9
§ 42.413 Interagency cooperation and delegations. ( a ) Where each of a substantial number of recipients is receiving assistance for similar or related purposes from two or more federal agencies, or where two or more federal agencies cooperate in administering assistance for a given class of recipients, the federal agencies shall: ( 1 ) Jointly coordinate compliance with title VI in the assisted programs, to the extent consistent with the federal statutes under which the assistance is provided; and
( 2 ) Designate one of the federal agencies as the lead agency for title VI compliance purposes. This shall be done by a written delegation agreement, a copy of which shall be provided to the Assistant Attorney General and shall be published in the Federal Register.
( b ) Where such designations or delegations of functions have been made, the agencies shall adopt adequate written procedures to assure that the same standards of compliance with title VI are utilized at the operational levels by each of the agencies. This may include notification to agency personnel in handbooks, or instructions on any forms used regarding the compliance procedures.
( c ) Any agency conducting a compliance review or investigating a complaint of an alleged title VI violation shall notify any other affected agency upon discovery of its jurisdiction and shall subsequently inform it of the findings made. Such reviews or investigations may be made on a joint basis.
( d ) Where a compliance review or complaint investigation under title VI reveals a possible violation of Executive Order 11246, title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e), or any other federal law, the appropriate agency shall be notified.
### §423h–2. Acquisition of lands; publication in Federal Register; administration

The Secretary of the Interior, in furtherance of the purposes of sections 423, 423a, and 423b to 423h of this title referred to in section 423h–1 of this title, may acquire by purchase with donated or appropriated funds, exchange, transfer, or by such other means as he deems to be in the public interest, not to exceed twelve hundred acres of land or interests in land at the site of the Battle of Five Forks for addition to the Petersburg National Battlefield. Lands and interests in lands acquired by the Secretary pursuant to this section shall, upon publication of a description thereof in the Federal Register, become a part of the Petersburg National Battlefield, and thereafter shall be administered by the Secretary of the Interior in accordance with the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3),1 as amended and supplemented.

(Pub. L. 87–603, §2, Aug. 24, 1962, 76 Stat. 403.)

#### **Editorial Notes**

#### References in Text

The Act entitled "An Act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
#### N. Dain’s Sons’ Company, Respondent, v. Union Free School District No. 7 of the Town of Cortlandt, etc., and Others, Respondents, Impleaded with John Lowry, Jr., Appellant, and Others.

Judgment modified by reducing plaintiff’s lien and recovery to $1,362.79, with interest from the date of the entry of the judgment, and by reducing the lien and recovery of respondent Lounsbury & Sons Company to $323.50, with interest from the date of the entry of the judgment; and as so modified affirmed, *891without costs. No opinion. Burr, Thomas, Carr, Rich and Stapleton, JJ., concurred.
### §546b–1. Maps and boundary descriptions

#### (a) In general

As soon as practicable after March 30, 2009, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of—

(1) the scenic areas;

(2) the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5));

(3) the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as added by section 1102(b)(2)(D)); and

(4) the potential wilderness area designated by section 1103(a).1

#### (b) Force and effect

The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the maps and boundary descriptions.

#### (c) Availability of map and boundary description

The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.

#### (d) Conflict

In the case of a conflict between a map filed under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control.

(Pub. L. 111–11, title I, §1106, Mar. 30, 2009, 123 Stat. 1007.)

#### **Editorial Notes**

#### References in Text

Paragraphs (9) through (20) of section 1 of Public Law 100–326 as added by section 1102(a)(5), referred to in subsec. (a)(2), means paragraphs (9) through (20) of section 1 of Public Law 100–326 as added by section 1102(a)(5) of Pub. L. 111–11, which enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

Section 6(a)(5) of the Virginia Wilderness Act of 1984 (Public Law 98–586) (as added by section 1102(b)(2)(D)), referred to in subsec. (a)(3), is section 6(a)(5) of Pub. L. 98–586, as added by section 1102(b)(2)(D) of Pub. L. 111–11, title I, Mar. 30, 2009, 123 Stat. 1004, which is not classified to the Code.

Section 1103(a), referred to in subsec. (a)(4), means section 1103(a) of Pub. L. 111–11, which amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

This subtitle, referred to in subsecs. (b) and (d), is subtitle B (§§1101–1107) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1002, which enacted this section and section 546b of this title, enacted provisions set out as a note under section 546b of this title, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

For definitions of terms used in this section, see section 1101 of Pub. L. 111–11, set out as a note under section 546b of this title.

1 See References in Text note below.
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2015-0250

 Directorate Identifier: 2014NM216AD

A320-34-1463 --- 3/9/10

A320-34-1456 --- 12/2/09

A320-34-1170, R04 --- 5/24/00

A320-34-1170, R05 --- 9/22/00

A320-34-1170, R06 --- 10/18/01

A320-34-1170, R07 --- 12/4/01

A320-34-1170, R08 --- 1/15/03

A320-34-1170, R09 --- 2/17/03

A320-34-1170, R10 --- 11/21/03

A320-34-1170, R11 --- 8/19/04

A320-34-1170, R12 --- 12/2/04

A320-34-1170, R13 --- 1/18/05

A320-34-1170, R14 --- 4/21/05

A320-34-1170, R15 --- 7/19/05

A320-34-1170, R16 --- 11/23/06

A320-34-1170, R17 --- 2/14/07

A320-34-1170, R18 --- 10/9/09

A320-34-1170, R19 --- 11/9/09

A320-34-1170, R20 --- 12/1/10

A320-34-1170, R21 --- 3/24/11

A320-34-1170, R22 --- 7/19/11

A320-34-1170, R23 --- 2/3/12

A320-34-1170, R24 --- 4/12/12

A320-34-1170, R25 --- 9/4/12

A320-34-1170, R26 --- 9/16/13

A320-34-1170, R27 --- 3/18/14

A320-34-1170, R28 --- 9/1/14

A320-34-1170, R29 --- 2/16/15

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
### §450hh–2. Administration

The national monument shall be administered by the Secretary of the Interior, through the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).1

(June 8, 1949, ch. 180, §3, 63 Stat. 158.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

1 See References in Text note below.
Ponte una mascarilla que 

te cubra la nariz y la boca. 

Y mantén una distancia (al 

menos 6 pies o 2 metros) 

de los demás cuando 

puedas. 

Lávate las manos frecuentemente 

con agua y jabón. Si no hay agua 

y jabón, usa un desinfectante de 

manos a base de alcohol.

Ponerse la vacuna contra la 

influenza es más importante 

que nunca. Todas las personas 

de 6 meses de edad o más 

deberían vacunarse contra la 

influenza cada temporada. 

¡Tu trabajo es esencial!

Protégete y protege a los demás de la influenza (gripe) y del COVID-19 

este otoño e invierno:

PONTE UNA MASCARILLA LÁVATE LAS MANOS VACÚNATE CONTRA 

LA INFLUENZA

Obtén más información en 

espanol.cdc.gov/flu/index.htm

CS319348-AD

La vacuna contra la influenza puede protegerlos a ti, tus seres queridos y 

compañeros de trabajo contra esta enfermedad. Tú también puedes proteger 

a los que te rodean quedándote en casa si estás enfermo.