alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(78 South. 460)

#### TERRY v. STATE.

(8 Div. 561.)

(Court of Appeals of Alabama.

April 2, 1918.)

Witnesses <&wkey;391 — Impeachment — Contradictory Statements — Question to Impeaching Witness.

The same question as to time, place, and person, and statement alleged to have been made, must be put to the impeaching witness, as to the witness sought to be impeached by contradictory statement.

Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. '

James Terry was tried and convicted of manslaughter, and from the judgment appeals.

Reversed and remanded.

See, also, 15 Ala. App. 665, 74 South. 756. Milo Moody, of Scottsboro, for appellant. F. Loyd Tate, Atty. Gen., for the State.

SAMFORD, J.

The only exceptions insisted upon are to the rulings of the court on the evidence. In answer to a question propounded by the solicitor, the witness Mc-Clannahan, who was testifying in behalf of the defendant, the witness said:

> “I remember after the shooting that George Jenkins and Jim Matthews passed my house, and talking something about the case. In the conversation, I did not tell Jim Matthews in the presence of George Jenkins that Terry shot him down without any cause, or that Will Matthews was not doing a thing when Terry shot him. I did not tell him Matthews was not doing nothing and Jim had no business to shoot him and that he was not doing anything. I did not say it is an awful bad killing, and would not have thought Terry would have been guilty of it, but did say it was awful bad. I did not say that I did not think Terry would be guilty of such a thing, and did not say I thought they were 'just joking each other, and did not say I did not know they were mad until after the pistol fired."

Although the predicate question is not set out in the bill of exceptions, the answers show that "it was properly laid. McDaniel v. State, 166 Ala. 7, 52 South. 400. But in asking the question of the witness Matthews, for the purpose of contradicting the statement made by McClannahan, the solicitor did not comply with the well-established rule that the same question as to time, place, and person and statement alleged to have been made must .be put to ttíe impeaching witness so as to identify the statement with those included in the predicate. McDaniel v. State, 166 Ala. 7, 52 South. 400. It requires a strict adherence to this rule to prevent the testimony of the impeaching witness from being hearsay. For this error the judgment must be reversed. The other rulings of the court were either without error, or were without injury to the defendant.

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

Reversed and remanded.
###### Editorial Note on Part 101

#### Editorial Note:

Nomenclature changes to part 101 appear by USCG-2008-0179, 73 FR 35009, June 19, 2008.

#### § 101.205 [Reserved]
#### § 780.510 “Any agricultural employee.”

The section 13(a)(14) exemption applies to “any agricultural employee” who is employed in the specified activities. The term “any agricultural employee” includes not only agricultural employees of the tobacco grower but also such employees of other farmers or independent contractors. “Any agricultural employee” employed in the growing and harvesting of shade-grown tobacco will qualify for exemption if he engages in the specified processing operations. The use of the word “agricultural” before “employee” makes it apparent that separate consideration must be given to whether an employee is an “agricultural employee” and to whether he is employed in the specified “growing and harvesting” within the meaning of the Act.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6918

LEON QUARLES,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; HENRY MCMASTER,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. Terry L. Wooten, District Judge.

(CA-03-3374-25BD)

Submitted: October 7, 2004 Decided: October 14, 2004

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leon Quarles, Appellant Pro Se. Samuel Creighton Waters, OFFICE OF

THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Leon Quarles seeks to appeal the magistrate judge’s

report and recommendation on his petition for habeas corpus filed

pursuant to 28 U.S.C. § 2254 (2000). This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The report and recommendation of the

magistrate judge is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny a

certificate of appealability and dismiss the appeal for lack of

jurisdiction. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
#### TOWN OF SUFFIELD *v.*FRANKLYN H. CARRINGTON ET AL.

(AC 19463)

O’Connell, C. J., and Schaller and Daly, Js.

Argued October 22, 1999

officially released January 25, 2000

*Bruce G. MacDermid,*for the appellants (named defendant et al.).

*Donald R. Holtman,*for the appellee (third party plaintiff).

*442
      *Opinion*

PER CURIAM.

The defendants Franklyn H. Carrington and Carolyn R. Carrington appeal from the judgment of the trial court rendered after the granting of summary judgment in favor of the third party plaintiff, the Suffield water pollution control authority.

The genesis of this case was an action by the town of Suffield (town) to foreclose tax liens on the property of the defendants. The water pollution control authority was a defendant by virtue of hens for nonpayment of a sewer assessment and sewer use fees. See Practice Book § 10-69. When the town and the defendants settled their tax dispute, the water pollution control authority filed a cross complaint to foreclose its liens. At that point, the town withdrew its foreclosure action, leaving only the water pohution control authority’s cross complaint to be litigated.

On appeal, the defendants claim that the trial court improperly found that (1) their property had received benefits from the construction of a sewer system and (2) there were clear and undisputed facts showing that they had access to the sewer over their land.

The issues before this court were resolved in the trial court’s thoughtful and comprehensive memorandum of decision. *Suffield*v. *Carrington,*46 Conn. Sup. 228, 744 A.2d 958 (1998). Because that memorandum of decision fully addresses the dispositive issues raised in this appeal, we adopt it as a proper statement of the facts and the applicable law. It would serve no useful purpose for us to repeat the discussion contained therein. *In re Karrlo K.,*40 Conn. App. 73, 75, 668 A.2d 1353 (1996).

The judgment is affirmed and the case is remanded for the purpose of setting a new sale date.
§ 794.144 Records to be maintained. ( a ) *Form of records.* No particular order or form of records is prescribed by the recordkeeping regulations (part 516 of this chapter). Every employer operating under section 7(b)(3) of the Act is, however, required to maintain and preserve records containing the information and data as set out in §§ 516.2 and 516.21 of this chapter.
III 

110TH CONGRESS 

1ST SESSION S. RES. 44 

Commending the University of Nebraska-Lincoln women’s volleyball team 

for winning the National Collegiate Athletic Association Division I Women’s Volleyball Championship. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2007 

Mr. HAGEL (for himself and Mr. NELSON of Nebraska) submitted the 

following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Commending the University of Nebraska-Lincoln women’s 

volleyball team for winning the National Collegiate Athletic Association Division I Women’s Volleyball Championship. 

Whereas the University of Nebraska-Lincoln women’s 

volleyball team (referred to in this preamble as the 

‘‘Huskers’’) won the 2006 National Collegiate Athletic 

Association (NCAA) Division I Women’s Volleyball National Championship at the Qwest Center in Omaha, Nebraska, on December 16, 2006; 

Whereas Husker junior Sarah Pavan was chosen as the Nation’s top collegiate female volleyball player, winning the 

2006–07 Honda Sports Award for volleyball; 


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•SRES 44 IS 

Whereas Sarah Pavan was named the ESPN Magazine Academic All-American of the Year, becoming the University 

of Nebraska’s 234th Academic All-American and the university’s 29th Academic All-American in volleyball; 

Whereas the University of Nebraska leads the Nation in the 

number of players named Academic All-Americans; 

Whereas the Huskers completed the 2006 season with a 

record of 33–1; 

Whereas Husker head coach John Cook has led the team to 

3 national championships; 

Whereas the Huskers made their sixth appearance in the 

NCAA finals; 

Whereas the 2006 Huskers are only the third team in the 

history of the NCAA to lead the American Volleyball 

Coaches Association poll for an entire season; 

Whereas the entire Husker volleyball team should be commended for its determination, work ethic, attitude, and 

heart; 

Whereas the University of Nebraska is building an impressive 

legacy of excellence in its volleyball program; and 

Whereas the University of Nebraska volleyball players have 

brought great honor to themselves, their families, their 

university, and the State of Nebraska: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) commends the University of Nebraska-Lin3 coln women’s volleyball team for winning the 2006 

4 National Collegiate Athletic Association Division I 

5 Women’s Volleyball National Championship; and 


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3 

•SRES 44 IS 

1 (2) recognizes the achievements of the players, 

2 coaches, students, and staff whose hard work and 

3 dedication made winning the Championship possible. 

Æ 


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Editorial Note on Part 8
Editorial Note: Nomenclature changes to part 8 appear at 61 FR 19985, May 3, 1996.

§ 8.2 Who may file petitions of review. ( a ) Any interested party who is seeking a modification of other change in a wage determination under the Service Contract Act and who has requested the Wage-Hour Administrator or authorized representative to make such modification or other change under § 4.55 of part 4 of this title, and the request has been denied, shall have a right to petition of review of the action taken by that officer.
( b ) For purposes of this subpart, the term *interested party* shall mean: ( 1 ) Any employee or any labor organization which represents an employee who is likely to be employed or to seek employment under a contract containing a particular wage determination, or any contractor or an association representing a contractor who is likely to seek a contract or to work under a contract containing a particular wage determination;
( 2 ) The Federal agency(s) which will administer a proposed contract containing a particular wage determination issued pursuant to the Service Contract Act; and
( 3 ) Any other party whom the Board finds to have a sufficient interest in the wage determination.
S(()- | |(}.^()4-(Ki7 

Honorable Ray LaHood 

Secretary of Transportarion 

United States Department of Transportation 

1200 New Jersey Ave. SE 

Washington, DC 20590 

ARTMENTOF 

''ZZr^rv: '-r^ o 

U ^ 2M3 

February 22,2011 

Re: Tetmiaation of EAS Program 

in Mcrcedita Aiiport PODCC, 

Puerto Rico 

Dear Mister Lai lood: 

I am writing these few words to let you know my concern about the termination of the subsidy 

gjven to the Mercedita Airport in the City of Ponce through the Essential Air Service Program 

(EAS), As a trader in the south area of the island this will affect directly to ihe economy of the 

entire zone. 

The Airport helps us as an ad hoc airport, but also helps the tourism in the south, cast, and 

central area of the Island. Mercedita is the fastest way to connect with Pueno Rico's capital, San 

Juan. It is also essential that schedule air service, including both passenger and cargo, between 

Ponce and San Juan conrinue. 

Puerto Rico has a unique geographic characterisrics and cultural ties to the Caribbean and Latin 

America. The continuity of international air services from all the serviceable points in the island 

is essential to the cultural and econoTnic growth of the region. The termination of the subsidy 

would imply the dismissal of the airport employees increasing unemployment percentage in 

Puerto Rico. 

As an employer and citizen of the south region of Puerto Rico, I urge that Mercedita Airport 

continue in the EAS platform. 

Julio Rodriguez BS,REM,CEA 

Name 

SHARE CORPORATION 

Company 

P.O. BOX 8742 

PONCE. PUERTO RICO 

00732-8742 

22,2011 

Phone Number 787-290-0117 

Sharecorp89@msn.com 

E-Mail
EXHIBIT 32.4   Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002   In connection with the annual report on Form 10-K of Madison Gas and Electric Company (the "Company"), for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof ("the Report"), I, Jeffrey C. Newman, Chief Financial 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:  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.    /s/ Jeffrey C. NewmanJeffrey C. Newman
Vice President, Chief Financial Officer,
Secretary and Treasurer

Date: February 25, 2010
<PAGE>   1
                                                               Exhibit (10)-(48)


            AMENDMENT NO. 1 TO THE LTV CORPORATION CHANGE IN CONTROL
                              SEVERANCE PAY PLAN II

         The LTV Corporation Change in Control Severance Pay Plan II is amended
to include the provisions attached hereto. The amendment shall include, where
applicable, the renumbering of sections to reflect the addition to, the revision
of or the deletion from the prior text required by this provision.

         The effective date of the amendment, as herein adopted, is set forth
below:


Section Amended
Added or Deleted                    Section                   Effective Date
----------------                    -------                   --------------

    Amended                         3(f)(iii)                January 28, 2000




<PAGE>   2




         Section 3(f)(iii) is amended by deleting the first four lines and the
portion of the fifth line prior to the word "unless," and inserting in place
thereof the following:

                  (iii) consummation of (A) a reorganization, merger or
consolidation of the Corporation, (B) a sale or other disposition of all or
substantially all of the assets of the Corporation, (C) a reorganization, merger
or consolidation of LTV Steel, (D) a sale or other disposition of all or
substantially all of the assets of LTV Steel or (E) the acquisition by any
Person (as defined in Paragraph (i) of this Subsection) of beneficial ownership
(within the meaning of Rule 13d-3 promulgated under the Exchange Act) of more
than 50% of the combined voting power of the then outstanding Voting Stock of
LTV Steel; provided, however, that for purposes of this subparagraph (E), any
acquisition by the Corporation or any Subsidiary shall not constitute a Change
in Control, (each, a "Business Combination").




<PAGE>   3




         IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the
foregoing, THE LTV CORPORATION, a Delaware corporation, has caused its corporate
seal to be affixed hereto and has caused this Amendment No. 1 to the LTV
Corporation Change in Control Severance Pay Plan II to be duly executed in its
name and on its behalf this 31st day of January, 2000.



ATTEST:                                         THE LTV CORPORATION



/s/ N. David Bleisch                            /s/ Frank E. Filipovitz
---------------------------                     --------------------------------
Assistant Secretary                             Frank E. Filipovitz
                                                General Manager-Human Resources
```

[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my10-52]

-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meetings

Time and Date: Wednesday, May 19, 2010, 9 a.m.-12 noon.

Place: Hearing Room 420, Bethesda Towers, 4330 East West Highway,
Bethesda, Maryland.

Status: Commission Meeting--Open to the Public.

Matters to be Considered:
    1. Pending Decisional Matter: Infant Bath Seats--Final Rule.
    2. Baby Walkers--Final Rule and Revocation of the Ban of Certain
Baby Walkers.
    A live Webcast of the Meeting can be viewed at http://www.cpsc.gov/webcast.
    For a recorded message containing the latest agenda information,
call (301) 504-7948.

Contact Person for More Information:  Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814 (301) 504-7923.

    Dated May 11, 2010.
Todd A. Stevenson,
Secretary.
[FR Doc. 2010-11729 Filed 5-12-10; 4:15 pm]
BILLING CODE 6355-01-P
```
EXHIBIT 10.41

 

ADDENDUM #1 TO PROMISSORY NOTE 

 

This Addendum to the Promissory Note dated April 14, 2014 between Steven Frye and Elite Data Services, Inc. for the principal sum of $13,500, extends the Maturity Date from April 15, 2015 to December 31, 2015.

 

This Addendum shall be governed by and construed and enforced in accordance with the laws of Florida.

 

 

	
By:

	
/s/ Sarah Myers

	 
	 	
Sarah Myers, President

	 


 

	
By:

	
/s/ Steven Frye

	 
	 	
Steven Frye, Lender

	 


 

Dated: March 22, 2015
<TABLE> <S> <C>

<PAGE>
<ARTICLE>     5

<S>                                        <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                            14613
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3508
<OTHER-SE>                                      (18121)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                  1893
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (1893)
<EPS-BASIC>                                    (0.00)
<EPS-DILUTED>                                    (0.00)


</TABLE>
#### § 779.317 [Reserved]
III 

110TH CONGRESS 

1ST SESSION S. RES. 378 

Recognizing and thanking all military families for the tremendous sacrifices 

and contributions they have made to the Nation. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2007 

Ms. MURKOWSKI (for herself, Mr. AKAKA, Mr. STEVENS, Mr. BINGAMAN, Mr. 

ISAKSON, Mr. LOTT, Mr. DORGAN, Mr. BENNETT, Mr. SHELBY, Ms. MIKULSKI, Mr. ROBERTS, Mrs. DOLE, Mr. INOUYE, Mr. LAUTENBERG, Mr. 

CASEY, Mr. OBAMA, Mr. BUNNING, Mr. INHOFE, Mr. DOMENICI, Mr. 

CRAPO, Mr. COLEMAN, Mr. GRAHAM, Mr. SALAZAR, Mr. BROWNBACK, 

Mr. VOINOVICH, Mr. NELSON of Florida, Mr. BIDEN, Mrs. CLINTON, Mr. 

CRAIG, Mr. MARTINEZ, Mr. MCCAIN, Mr. JOHNSON, Mrs. HUTCHISON, 

Mr. GREGG, Ms. STABENOW, Mr. KENNEDY, Mr. SUNUNU, Mr. COCHRAN, Mr. WHITEHOUSE, and Mr. BAUCUS) submitted the following resolution; which was considered and agreed to 

RESOLUTION 

Recognizing and thanking all military families for the tremendous sacrifices and contributions they have made 

to the Nation. 

Whereas there are currently more than 3,000,000 immediate 

family members of individuals serving in the Armed 

Forces; 

Whereas these family members bear the most immediate and 

profound burden of the absence of their loved ones during 

the performance of their duties; 


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•SRES 378 ATS 

Whereas these families have been the bedrock of support and 

strength for our Nation’s Armed Forces for over 230 

years; 

Whereas military families serve this country with an equal 

amount of dedication and patriotism as their loved ones 

who are fighting for the United States; 

Whereas the families of servicemembers—whether in the regular components of the Armed Forces, the Reserve, or 

the National Guard—feel enormous amounts of pride, 

love, and trepidation during the absence of their loved 

ones; 

Whereas it is essential that the Nation recognize the contributions made by military families and celebrate their 

strength; and 

Whereas the Senate stands in humble respect of the sacrifice 

made by our military families: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) honors the families of members of the 

3 Armed Forces and recognizes that they too share in 

4 the burden of protecting the Nation; 

5 (2) urges the people of the United States to 

6 join with the Senate in thanking military families for 

7 their tremendous sacrifice on behalf of the Nation; 

8 and 

9 (3) recognizes with great appreciation the con10 tributions made by military families in providing the 


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•SRES 378 ATS 

1 essential personal support that our Nation’s warriors 

2 need. 

Æ 


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