alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(79 South. 147)

#### DAVIDSON et al. v. SMITH.

(6 Div. 344.)

(Court of Appeals of Alabama.

May 7, 1918.

Rehearing Denied June 11, 1918.)

Principal and Agent <&wkey;189(l) — Tort or Agent — Pleading.

Complaint by tenant against landlord, alleging defendant’s authorized agent, while in line and scope of authority, collecting rent, sti'uck plaintiff, was defective, as failing to allege agent was acting in line and scope of his authority as such when the assault was made.

Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge.

Action by Essie Smith against W. S. Davidson and others for assault and battery by an agent. From judgment for plaintiff, defendants appeal.

Reversed and remanded.

William A. Jacobs, of Birmingham, for appellants. McArthur & Howard, of Birmingham, for appellee.

SAMFORD, J.

The complaint as originally filed contained three counts, but after the evidence was in the plaintiff amended the complaint, by striking out counts I, 2, and 3, and by adding count 4, which is in the following words:

> “Plaintiff claims of defendant the sum of $10,-000, for that heretofore, to wit, on the 24th day of February, 1916, defendant Anna L. Davidson was the owner of a building located at 605 North Twenty-First street, in Birmingham, Alabama, and plaintiff says she was a tenant or occupant of said building at said time and place, and while defendant’s authorized agent, Willie S. .Davidson, was in tbe line and scope of bis authority as such agent in and about the duties of attempting to collect her (defendant’s) rent, he committed acts of violence upon the person of plaintiff as follows: Struck her a blow with his fist, violently pushed her about tbe house, causing her physical suffering, mental anguish, and pain, putting her to expense of a doctor, causing her to be permanently less able to work as theretofore. Plaintiff avers that the aforesaid suffering and damages were caused proximately from the acts of violence as aforesaid.”

This count was demurred to, and the .demurrer was overruled. The count was defective, in that it fails to allege that the agent was acting in the line and scope of his authority as such agent when the assault was made. There is a marked distinction between an act done by a servant during his employment and an act done within the scope *474of his employment. Bowen v. I. C. R. R., 136 Fed. 306, 69 C. C. A. 444, 70 L. R. A. 915; Hardeman v. Williams, 150 Ala. 415, 43 South. 726, 10 L. R. A. (N. S.) 653.

For the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

M EMORANDUM O RDER

Appellate case name: Henry William Grotewold v. Janet Kay Meyer

Appellate case number: 01

- 13

- 00875

- CV

Trial court case number: 2004

- 40933

Trial court: 257th District Cour t of Harris County

T he District Court Clerk is ORDERED to file a supplemental clerk’s record in this Court that contains the following documents:

1. “Henry William Grotewold’s Petition to Modify Parent

- Child Relationship”; filed March 8, 2012; image number 53206961.

2. “Petition to Modify Parent

- Child Relationship”; filed November 6, 2012; image

number 53851576.

3. “Motion for Psychological Examination and Evaluation of Janet Meyers, Motion for Continuance and Motion for Sanctions”; filed July 22, 2013; image numb er 58674962.

4. “First Amended Counterpetition to Modify Parent

- Child Relationship”; f iled July 22, 2013; image number 58674957.

5. Letter; filed September 13, 2013; image number 58674951.

Tex. R. App. P. 34.5(c). The supplemental clerk’s record is to be filed in this Court by

December 1 2 , 2014

.

It is so ORDERED.

Judge’s signature : /s/ Laura C. Higley

Acting individually

Date: December 2 , 2014
§ 417.417 Propellants and explosives. ( a ) A launch operator must comply with the explosive safety criteria in part 420 of this chapter.
( b ) A launch operator must ensure that: ( 1 ) The explosive site plan satisfies part 420 of this chapter;
( 2 ) Only those explosive facilities and launch points addressed in the explosive site plan are used and only for their intended purpose; and
( 3 ) The total net explosive weight for each explosive hazard facility and launch point must not exceed the maximum net explosive weight limit indicated on the explosive site plan for each location.
( c ) A launch operator must establish, maintain, and perform procedures that ensure public safety for the receipt, storage, handling, inspection, test, and disposal of explosives.
( d ) A launch operator must establish and maintain each procedural system control to prevent inadvertent initiation of propellants and explosives. These controls must include the following: ( 1 ) Protect ordnance systems from stray energy through methods of bonding, grounding, and shielding, and controlling radio frequency radiation sources in a radio frequency radiation exclusion area. A launch operator must determine the vulnerability of its electro-explosive devices and systems to radio frequency radiation and establish radio frequency radiation power limits or radio frequency radiation exclusion areas as required by the launch site operator or to ensure safety.
( 2 ) Keep ordnance safety devices, as required by § 417.409, in place until the launch complex is cleared as part of the final launch countdown. No members of the public may re-enter the complex until each safety device is re-established.
( 3 ) Do not allow heat and spark or flame producing devices in an explosive or propellant facility without written approval and oversight from a launch operator's safety organization.
( 4 ) Do not allow static producing materials in close proximity to solid or liquid propellants, electro-explosive devices, or systems containing flammable liquids.
( 5 ) Use fire safety measures including: ( i ) Elimination or reduction of flammable and combustible materials;
( ii ) Elimination or reduction of ignition sources;
( iii ) Fire and smoke detection systems;
( iv ) Safe means of egress; and
( v ) Timely fire suppression response.
( 6 ) Include lightning protection on each facility used to store or process explosives to prevent inadvertent initiation of propellants and explosives due to lightning unless the facility complies with the lightning protection criteria of § 420.71 of this part.
( e ) A launch operator, in the event of an emergency, must perform the accident investigation plan as defined in § 417.111(h).
§ 452.49 Other union rules. ( a ) Unions may establish such other reasonable rules as are necessary to protect the members against leaders who may have committed serious offenses against the union. For example, a union may, after appropriate proceedings, bar from office persons who have misappropriated union funds, even if such persons were never indicted and convicted in a court of law for their offenses. Of course, the union would have to provide reasonable precautions to insure that no member is made ineligible to hold office on the basis of unsupported allegations and that any rights guaranteed him by the constitution and bylaws are protected. Similarly, a union may require an elected officer to sign an affidavit averring that he is not barred from serving as an officer by the provisions of section 504 of the Act since the union and its officers may not permit a person to serve as an officer if he is so barred (see footnote 23).
( b ) It would not violate the Act for a union to prohibit successive terms in office or to limit the number of years an officer may serve. Such rules are intended to encourage as many members as possible to seek positions of leadership in the organization.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

Nos. 06-14-00116-CR &

06-14-00117-CR

JOSEPH JOHN GRUBBS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 354th District Court

Hunt County, Texas

Trial Court Nos. 29,417 & 29,725

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O RDER

Court reporter Julie Vrooman recorded the trial court proceedings in cause numbers 06-

14-00116-CR and 06-14-00117-CR, styled Joseph John Grubbs v. The State of Texas, trial court 

cause numbers 29,417 and 29,725, in the 354th Judicial District Court of Hunt County, Texas. 

The reporter’s records were originally due in these matters October 31, 2014. This deadline was 

extended twice by this Court on Vrooman’s request, resulting in the most recent due date of 

January 2, 2015. Vrooman has now filed a third request seeking an additional extension of the 

filing deadline.

The Texas Rules of Appellate Procedure establish that “trial and appellate courts are 

jointly responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c). 

The Rules further instruct that an “appellate court may enter any order necessary to ensure the 

timely filing of the appellate record.” Id. In furtherance of our responsibilities established by the 

Rules, we find we must take steps to ensure that the records in these cases are filed in a 

reasonable amount of time.

Therefore, we overrule Vrooman’s third request for an extension of the filing deadline 

and hereby order her to file the reporter’s records in cause numbers 06-14-00116-CR and 06-14-

00117-CR, styled Joseph John Grubbs v. The State of Texas, trial court cause numbers 29,417 

and 29,725, in the 354th Judicial District Court of Hunt County, Texas, to be received by this 

Court no later than Monday, February 2, 2015.
3

If the records are not received by February 2, we warn Vrooman that we may begin 

contempt proceedings and order her to show cause why she should not be held in contempt of 

this Court for failing to obey its order.

IT IS SO ORDERED.

BY THE COURT

Date: January 14, 2015
# Official Journal C 221/3 Se

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 221 |
| | |
| English edition | Information and Notices | Volume 473 September 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 221

English edition

Information and Notices

Volume 473 September 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 221/1 | Euro exchange rates | 1 |
| 2004/C 221/2 | State aid — Italy — Aid C 12/04 (ex NN 165/03) — Fiscal incentives in favour of companies taking part in trade fairs abroad — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (1) | 2 |
| 2004/C 221/3 | State aid — Italy — Aid C 8/04 (ex NN 164/03) — Direct tax incentives in favour of newly listed companies — Tax Premium to IPOs — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (1) | 7 |

Notice No

Contents

page

I   Information

Commission

2004/C 221/1

Euro exchange rates

1

2004/C 221/2

State aid — Italy — Aid C 12/04 (ex NN 165/03) — Fiscal incentives in favour of companies taking part in trade fairs abroad — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (1)

2

2004/C 221/3

State aid — Italy — Aid C 8/04 (ex NN 164/03) — Direct tax incentives in favour of newly listed companies — Tax Premium to IPOs — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (1)

7

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
§ 516.13 Livestock auction employees exempt from overtime pay requirements under section 13(b)(13) of the Act. With respect to each employee exempt from the overtime pay requirements of the Act pursuant to section 13(b)(13), the employer shall maintain and preserve records containing the information and data required by § 516.2(a) except paragraphs (a) (6) and (9) and, in addition, for each workweek in which the employee is employed both in agriculture and in connection with livestock auction operations: ( a ) The total number of hours worked by each such employee,
( b ) The total number of hours in which the employee was employed in agriculture and the total number of hours employed in connection with livestock auction operations, and
( c ) The total straight-time earnings for employment in livestock auction operations.
<PAGE>   1



                                                                      Exhibit 21


                          LANCASTER COLONY CORPORATION
                     SIGNIFICANT SUBSIDIARIES OF REGISTRANT
                     --------------------------------------



                                                State               Percent of
                Name                      of Incorporation           Ownership
                ----                      ----------------           ---------

Colony Printing & Labeling, Inc.              Indiana                 100%
Dee Zee, Inc.                                 Ohio                    100%
E. O. Brody Company                           Ohio                    100%
Fostoria Glass, LLC                           Ohio                    100%
Fragrance De-Lite, Inc.                       Ohio                    100%
Indiana Glass Company                         Indiana                 100%
Jackson Plastics Operations, Inc.             Ohio                    100%
LRV Acquisition Corp.                         Ohio                    100%
LaGrange Molded Products, Inc.                Delaware                100%
Lancaster Colony Commercial
 Products, Inc.                               Ohio                    100%
Lancaster Glass Corporation                   Ohio                    100%
New York Frozen Foods, Inc.                   Ohio                    100%
Pretty Products, Inc.                         Ohio                    100%
T. Marzetti Company                           Ohio                    100%
The Quality Bakery Company, Inc.              Ohio                    100%
Reames Foods, Inc.                            Iowa                    100%
Waycross Molded Products, Inc.                Ohio                    100%

All subsidiaries conduct their business under the names shown, with the
exception of Fragrance De-Lite, Inc., which conducts business under the name
"Candle-net."
Exhibit 32.1

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 K-V Pharmaceutical Company (the Company) on Form 10-K for the fiscal year ended March 31, 2009, as filed with the Securities and Exchange Commission (the Report), I, David A. Van Vliet, Interim President
and Interim Chief Executive 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 to my knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

|                     |  |  |  |  |  |                                                                         
|-------------------- |  |  |  |  |  | ------------------------------------------------------------------------
|                     |  |  | 
|Date: March 25, 2010 |  |  |  |  |  | /s/ David A. Van Vliet                                                  
|                     |  |  |  |  |  | David A. Van Vliet Interim President and Interim Chief Executive Officer

A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required
by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being furnished to the Securities and Exchange Commission as our exhibit to the Form 10-K and shall not be
deemed to be considered filed as part of the Form 10-K.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1  
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       6,224,751
<INT-BEARING-DEPOSITS>                      92,190,286
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 12,502,270
<INVESTMENTS-CARRYING>                      49,932,723
<INVESTMENTS-MARKET>                        49,633,053
<LOANS>                                    202,008,363
<ALLOWANCE>                                  3,339,509
<TOTAL-ASSETS>                             375,095,118
<DEPOSITS>                                 321,004,862
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          6,589,411
<LONG-TERM>                                 20,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  27,500,845         
<TOTAL-LIABILITIES-AND-EQUITY>             375,095,118
<INTEREST-LOAN>                              7,958,710
<INTEREST-INVEST>                            1,638,745
<INTEREST-OTHER>                               686,480
<INTEREST-TOTAL>                            10,283,935
<INTEREST-DEPOSIT>                           5,004,187
<INTEREST-EXPENSE>                           5,554,137
<INTEREST-INCOME-NET>                        4,729,798
<LOAN-LOSSES>                                  120,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              3,196,662
<INCOME-PRETAX>                              2,484,240
<INCOME-PRE-EXTRAORDINARY>                     867,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,617,240
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    2.93
<LOANS-NON>                                    505,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             3,227,775
<CHARGE-OFFS>                                   14,221
<RECOVERIES>                                     5,955
<ALLOWANCE-CLOSE>                            3,339,509
<ALLOWANCE-DOMESTIC>                         3,339,509
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
### Floods of 1952 in California. Flood of January 1952 in the south San Francisco Bay region; Snowmelt flood of 1952 in Kern River, Tulare Lake, and San Joaquin River basins

By: S. E. RantzH.M. Stafford

                            https://doi.org/10.3133/wsp1260D

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Superseded Publications:
                                        Flood of January 1952 in the south San Francisco Bay region, California(1953)                                    

- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

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#### § 452.52 Filing fee.

It would be unreasonable to require candidates for office to pay a filing fee because a fee limits the right of members to a reasonable opportunity to nominate the candidates of their choice and there is no objective relationship between the requirement and the ability to perform the duties of the office.
Editorial Note on Part 20
Editorial Note: Nomenclature changes to part 20 appear at 57 FR 31451, July 16, 1992.

§ 20.2 Definitions. For purposes of this subpart— ( a ) The term *commercial debt* means any non-tax business debt in excess of $100, arising from loans, loan guarantees, overpayments, fines, penalties or other causes.
( b ) The term *consumer debt* means any non-tax debt of an individual in excess of $100, arising from loans—loan guarantees, overpayments, fines, penalties, or other causes.
( c ) A debt is considered delinquent if it has not been paid by the date specified in the agency's initial demand letter (§ 20.4), unless satisfactory payment arrangements have been made by that date, or if, at any time thereafter, the debtor fails to satisfy his obligations under a payment agreement with the Department of Labor, or any agency thereof.
( d ) The term *claim* and *debt* are deemed synonymous and interchangeable. They refer to an amount of money or property which has been determined by an appropriate agency official to be owed to the United States from any person, organization, or entity, except another federal agency.
§ 516.15 Local delivery employees exempt from overtime pay requirements pursuant to section 13(b)(11) of the Act. With respect to each employee exempt from the overtime pay requirements of the Act pursuant to section 13(b)(11), the employer shall maintain and preserve payroll or other records, containing all the information and data required by § 516.2(a) except paragraphs (a) (6) and (9) and, in addition, information and data regarding the basis on which wages are paid (such as the dollar amount paid per trip; the dollar amount of earnings per week plus 3 percent commission on all cases delivered). Records shall also contain the following information: ( a ) A copy of the Administrator's finding under part 551 of this chapter with respect to the plan under which such employees are compensated;
( b ) A statement or description of any changes made in the trip rate or other delivery payment plan of compensation for such employees since its submission for such finding;
( c ) Identification of each employee employed pursuant to such plan and the work assignments and duties; and
( d ) A computation for each quarter-year of the average weekly hours of full-time employees employed under the plan during the most recent representative annual period as described in § 551.8(g) (1) and (2) of this chapter.