alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
471 P.2d 594

#### D. F. ENGELKING, Plaintiff, v. The INVESTMENT BOARD of the State of Idaho, John D. Silva, John Brandt, T. D. Jones, Steve M. Meikle, Joe N. Wagner, and H. Dean Summers, Defendants.

No. 10444.

Supreme Court of Idaho.

June 24, 1970.

*740Roberts & Poole, Boise, for plaintiff.

Robert M. Robson, Atty. Gen., Richard Greener, Asst. Atty. Gen., Boise, for defendants.

Thomas G. Nelson, Parry, Robertson, Daly & Larson, Twin Falls, amicus curiae.

Randall Wallis, Wallis & Churchill, Boise, amici curiae.

PER CURIAM.

The plaintiff has moved for an order to show cause why the defendants should not be held in contempt of court for violation of the permanent writ of mandate and prohibition issued September 4, 1969 in this original proceeding. The defendants filed their answer to the motion for the order to show cause, in which answer the individually named defendants, members or ex-officio members of the Endowment Fund Investment Board of the State of Idaho assert they are not in violation of the permanent writ of mandate referred to.

The issue presented by these proceedings involves whether it is within the authority of the defendants to purchase A-rated convertible bonds so long as the right of conversion is not exercised. The answer admits that such bonds have been purchased, and also that there has been enacted into law an amendment to I.C. § 57-722, being S.L. 1970, Ch. 68 (Senate Bill 1484) which authorizes the purchase of such convertible bonds so long as the right of conversion is not exercised.

In the original opinion in this proceeding, 93 Idaho 217, 458 P.2d 213 (1969), 'this court stated “Convertible bonds may be purchased, but the conversion privilege may not be exercised.” This statement was reiterated in the addenda to the opinion on rehearing. This court, in the original opinion, in discussing the meaning of the word “loan” as used in Idaho Const, art. 9, § 11, and as extended in scope by the 1968 amendment, stated that such loan “ * -* * must carry the meaning that there must be a guarantee of full repayment of principal as well as interest. There must be an unconditional promise to repay the principal sum originally lent.” 93 Idaho 217, 458 P.2d 213, 219 (1969). Nothing appears from the motion for order to show cause to indicate that the defendants are in violation of the permanent writ of mandate and prohibition by purchase of these bonds.

It is the conclusion of this court that purchase of corporate bonds in accordance with the provisions of I.C. § 57-*722,*held constitutional in the original opinion in this action, is not unconstitutional whether such bonds be convertible or not, provided that the right of conversion is not exercised. Defendants point to the provisions of S.L.1970, Ch. 68 (Senate Bill 1484) ; however, this court did not consider the effect or validity of such legislation (S.L.1970, Ch. 68) nor have we based this denial thereon.

Justices SHEPARD and SPEAR deemed themselves disqualified and did not participate.

Judges LODGE and WARD participated.
[Cite as Anderson v. Greater Cleveland Regional Transit Auth., 2018-Ohio-4596.]

{¶1} On January 18, January 23, and March 29 of 2018, requester Jason 

Anderson and representatives acting on his behalf made 94 public records requests to 

respondent Greater Cleveland Regional Transit Authority (RTA). (Complaint at 2-15; 

Response, Exh. B.) The RTA provided thousands of pages of responsive records, noted 

that several requests were overly broad, and indicated that it had no records responsive 

to some requests. (Response at 2, 5-6; Jackson Aff. at ¶ 5-17; Exhs. C-E, G, I.) 

{¶2} On April 4, 2018, Anderson filed a complaint under R.C. 2743.75 alleging 

public records access violations by the RTA. The complaint failed to attach the 

responses of the RTA or to state with clarity how access to public records had been 

denied. The court directed Anderson to submit an amended complaint separately listing 

each request for which he was seeking relief and the request letter(s) in which it was 

made. (April 9, 2018, Order.) On April 27, 2018, Anderson filed an amended complaint 

in which he alleged that the RTA had failed to make records available within a 

reasonable period of time with respect to fourteen of the original 94 requests. 

R.C. 149.43(B)(1). (Am. Complaint at 2-3.) On July 24, 2018, the RTA filed its response 

(Response) asserting that under the facts and circumstances of this case it had 

provided records within a reasonable period of time. On August 13, 2018, Anderson 

filed a reply. 

JASON A. ANDERSON 

 Requester 

 v. 

GREATER CLEVELAND 

REGIONAL TRANSIT AUTHORITY 

 Respondent 

Case No. 2018-00593PQ 

Judge Patrick M. McGrath 

JUDGMENT ENTRY 
Case No. 2018-00593PQ -2- JUDGMENT ENTRY 

{¶3} On August 21, 2018, Special Master Jeffery Clark issued a report finding 

that under the facts and circumstances of the case the 23 business days taken by the 

RTA to provide records responsive to the requests was a reasonable period of time. 

The Special Master recommended the court issue an order denying Anderson’s claim. 

{¶4} R.C. 2743.75(F)(2) states, in part: “Either party may object to the report 

and recommendation within seven business days after receiving the report and 

recommendation by filing a written objection with the clerk * * *.” No objections were 

filed by either party. The court determines that there is no error of law or other defect 

evident on the face of the Special Master’s decision. Therefore, the court adopts the 

Special Master’s report and recommendation as its own, including findings of fact and 

conclusions of law contained therein. 

{¶5} Court costs are assessed against the requester. The clerk shall serve 

upon all parties notice of this judgment and its date of entry upon the journal. 

 

PATRICK M. MCGRATH 

Judge 

 

Filed October 19, 2018 

Sent to S.C. Reporter 11/14/18
<PAGE>
                                   EXHIBIT 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Marsh Supermarkets, Inc. of our report dated May 16, 2003, included in the
2003 Annual Report to Shareholders of Marsh Supermarkets, Inc.

We also consent to the incorporation by reference in Registration Statement
Number 33-33427 on Form S-8 of the Marsh Supermarkets, Inc. 1987 Stock Option
Plan, dated February 12, 1990; Registration Statement Number 33-56630 on Form
S-8 of the 1991 Employee Stock Incentive Plan, dated December 31, 1992;
Registration Statement Number 33-56624 on Form S-8 of the 1992 Stock Option Plan
for Outside Directors, dated December 31, 1992; Registration Statement Number
33-56626 on Form S-8 of the Marsh Supermarkets, Inc. 401(k) Plan, dated December
31, 1992; Registration Statement Number 333-64321 on Form S-8 of the Outside
Directors Stock Plan, the Marsh Supermarkets, Inc. 1998 Stock Incentive Plan and
the Executive Stock Purchase Plan, dated September 25, 1998; Registration
Statement 333-64343 on Form S-8 of the Marsh Deferred Compensation Plan, dated
September 25, 1998; and Registration Statement 333-82908 on Form S-8 of the
Marsh Supermarkets, Inc. 1998 Stock Incentive Plan, dated February 15, 2002; of
our report dated May 16, 2003, with respect to the consolidated financial
statements incorporated by reference in the Annual Report (Form 10-K) of Marsh
Supermarkets, Inc. for the year ended March 29, 2003.

                                                      Ernst & Young LLP

Indianapolis, Indiana
June 24, 2003
III 

110TH CONGRESS 

1ST SESSION S. RES. 374 

Expressing support for designation of a National Veterans History Project 

Week to encourage public participation in a nationwide project that 

collects and preserves the stories of the men and women who served 

our Nation in times of war and conflict. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2007 

Ms. LANDRIEU submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Expressing support for designation of a National Veterans 

History Project Week to encourage public participation 

in a nationwide project that collects and preserves the 

stories of the men and women who served our Nation 

in times of war and conflict. 

Whereas the Veterans History Project was established by a 

unanimous vote of the United States Congress to collect 

and preserve the wartime stories of American veterans; 

Whereas Congress charged the American Folklife Center at 

the Library of Congress to undertake the Veterans History Project and to engage the public in the creation of 

a collection of oral histories that would be a lasting tribute to individual veterans and an abundant resource for 

scholars; 


cnoel on PRODPC60 with BILLS
2 

•SRES 374 ATS 

Whereas there are 17,000,000 wartime veterans in America 

whose stories can educate people of all ages about important moments and events in the history of the United 

States and the world and provide instructive narratives 

that illuminate the meanings of ‘‘service’’, ‘‘sacrifice’’, 

‘‘citizenship’’, and ‘‘democracy’’; 

Whereas the Veterans History Project relies on a corps of 

volunteer interviewers, partner organizations, and an 

array of civic minded institutions nationwide who interview veterans according to the guidelines it provides; 

Whereas increasing public participation in the Veterans History Project will increase the number of oral histories 

that can be collected and preserved and increase the 

number of veterans it so honors; and 

Whereas ‘‘National Veterans Awareness Week’’ commendably 

preceded this resolution in the years 2005 and 2006: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes ‘‘National Veterans Awareness 

3 Week’’; 

4 (2) supports the designation of a ‘‘National 

5 Veterans History Project Week’’; 

6 (3) calls on the people of the United States to 

7 interview at least one veteran in their families or 

8 communities according to guidelines provided by the 

9 Veterans History Project; and 

10 (4) encourages local, State, and national orga11 nizations along with Federal, State, city and county 


cnoel on PRODPC60 with BILLS
3 

•SRES 374 ATS 

1 governmental institutions to participate in support 

2 of the effort to document, preserve, and honor the 

3 service of American wartime veterans. 

Æ 


cnoel on PRODPC60 with BILLS
#### § 500.170 Establishment of registry.

The Administrator shall establish a central public registry of all persons issued a Certificate of Registration or a Farm Labor Contractor Employee Certificate. The central public registry shall be available at the Regional Offices of the Wage and Hour Division and its National Office in Washington, DC. Information filed therein shall be made available upon request. Requests for information contained in the registry may also be directed by mail to the Administrator, Wage and Hour Division. Attn: MSPA, U.S. Department of Labor, Washington, DC 20210. Alternatively, requests for registry information may be made by telephone by calling 1-866-4US-WAGE (1-866-487-9243), a toll-free number, during the hours of 8 a.m. to 5 p.m., in your time zone, Monday through Friday.

[67 FR 76986, Dec. 16, 2002]
#### § 110.77 Amistad Reservoir, Tex.

(a) *Diablo East, Tex.* That portion of the Amistad Reservoir enclosed by a line connecting the following points, excluding a 300-foot-wide fairway extending northerly from the launching ramp as established by the Superintendent of Amistad Recreation Area:

| Latitude | Longitude |
| --- | --- |
| “a” 29°28′54′′ N. | 101°01′10′′ W. |
| “b” 29°28′21′′ N. | 101°01′08′′ W. |
| “c” 29°28′34′′ N. | 101°00′32′′ W. |
| “d” 29°28′54′′ N. | 101°00′32′′ W. |

(b) *Rough Canyon, Tex.* That portion of the Amistad Reservoir enclosed by a line connecting the following points, excluding a 300-foot-wide fairway extending westerly from the launching ramp to the Devils River main channel as established by the Superintendent of Amistad Recreation Area:

| Latitude | Longitude |
| --- | --- |
| “a” 29°34′43′′ N. | 100°58′54′′ W. |
| “b” 29°34′05′′ N. | 100°58′46′′ W. |
| “c” 29°34′16′′ N. | 100°58′20′′ W. |
| “d” 29°34′27′′ N. | 100°58′11′′ W. |
| “e” 29°34′27′′ N. | 100°58′36′′ W. |
| “f” 29°34′52′′ N. | 100°58′35′′ W. |

(c) *Laughlin Air Force Base Site, Tex.* That portion of Amistad Reservoir enclosed by a line connecting the following points:

| Latitude | Longitude |
| --- | --- |
| “a” 29°28′29′′ N. | 101°02′26′′ W. |
| “b” 29°28′13′′ N. | 101°02′03′′ W. |
| “c” 29°28′30′′ N. | 101°01′45′′ W. |
| “d” 29°28′42′′ N. | 101°02′00′′ W. |

Note:

The areas will be principally for use by yachts and other recreational craft. The anchoring of vessels and the placing of temporary moorings will be under the jurisdiction and at the discretion of the Superintendent, Amistad Recreation Area.

[CGFR 70-12, 35 FR 3807, Feb. 27, 1970]
§ 140.101 Inspection by Coast Guard marine inspectors or Bureau of Safety and Environmental Enforcement inspectors. ( a ) Each unit engaged in OCS activities is subject to inspection by the Coast Guard.
( b ) On behalf of the Coast Guard, each fixed OCS facility engaged in OCS activities is subject to inspection by the Bureau of Safety and Environmental Enforcement (BSEE).
( c ) Under the direction of the Officer in Charge, Marine Inspection, Coast Guard marine inspectors may inspect units engaged in OCS activities, and BSEE inspectors may inspect fixed OCS facilities, to determine whether the requirements of this subchapter are met. These inspections may be conducted with or without advance notice at any time deemed necessary by the Officer in Charge, Marine Inspection, or BSEE.
( d ) As part of an inspection, a Coast Guard marine inspector or a BSEE inspector may review records and require and observe the conduct of emergency drills and other tests and procedures as may be necessary to demonstrate to that person's satisfaction that the unit and its equipment are in full compliance with applicable Coast Guard regulations. The Coast Guard marine inspector or the BSEE inspector consults with the person in charge of the unit before requiring a drill or other test or procedure to be conducted to minimize disruption of unit activities and risk to life or property.
( e ) Coast Guard inspections of foreign units recognize valid international certificates accepted by the United States, including Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling Unit (MODU) Code certificates for matters covered by the certificates, unless there are clear grounds for believing that the condition of the unit or its equipment does not correspond substantially with the particulars of the certificate.
( f ) Coast Guard marine inspectors conduct an initial inspection of each fixed OCS facility to determine whether the facility is in compliance with the requirements of this subchapter.
[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 84-098a, 53 FR 18980, May 26, 1988; USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0797, 79 FR 35405, June 27, 2014]
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Page 51985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21217]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Initial Review

    The meeting announced below concerns Special Interest Project 
(SIP): Systematic Review of Effective Community-based Interventions of 
Clinical Preventive Services for Older Adults, SIP11-045, initial 
review.
    Correction: This notice was published in the Federal Register on 
August 11, 2011, Volume 76, Number 155, Page 49771. The time for the 
aforementioned meeting has been changed to the following.

Time

    12 p.m.-2 p.m., August 31, 2011 (Closed).
    Contact Person for More Information: Robin Hamre, M.P.H., R.D., 
Scientific Review Officer, Extramural Research Program Office, National 
Center for Chronic Disease Prevention and Health Promotion, CDC, 4770 
Buford Highway, NE., Mailstop K-92, Atlanta, Georgia 30341, 
<a href="/cdn-cgi/l/email-protection#c795908ffe87a4a3a4e9a0a8b1"><span class="__cf_email__" data-cfemail="b8eaeff081f8dbdcdb96dfd7ce">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both the Centers for Disease Control and Prevention and the Agency 
for Toxic Substances and Disease Registry.

Elizabeth Millington,
Acting Director, Management Analysis and Services Office, Centers for 
Disease Control and Prevention.
[FR Doc. 2011-21217 Filed 8-18-11; 8:45 am]
BILLING CODE 4163-18-P


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```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 659 Agreed to Senate (ATS)]

110th CONGRESS
  2d Session
S. RES. 659

Designating September 27, 2008, as Alcohol and Drug Addiction Recovery 
                                  Day.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2008

Mr. Schumer (for himself, Mr. Whitehouse, Mrs. Clinton, and Mr. Biden) 
submitted the following resolution; which was referred to the Committee 
                            on the Judiciary

           September 25 (legislative day, September 17), 2008

                Reported by Mr. Leahy, without amendment

           September 26 (legislative day, September 17), 2008

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Designating September 27, 2008, as Alcohol and Drug Addiction Recovery 
                                  Day.

Whereas treatment and long-term recovery from substance use disorders can offer 
        a renewed outlook on life for those who are addicted and their family 
        members;
Whereas more than 23,000,000 people in the United States struggle with substance 
        use disorders;
Whereas people who receive treatment for substance use disorders can lead more 
        productive and fulfilling lives, personally and professionally;
Whereas studies have consistently found that treatment is essential for people 
        to be successful in their paths of recovery;
Whereas real stories of long-term recovery can inspire others to ask for help 
        and improve their own lives, the lives of their families, and the entire 
        community;
Whereas it is critical that we educate our community members that substance use 
        disorders are treatable chronic diseases, and that by reaching out to 
        those who suffer from these disorders we can improve the quality of life 
        for the entire community;
Whereas, to help achieve this goal, the Department of Health and Human Services, 
        the Substance Abuse and Mental Health Services Administration, the 
        National Council on Alcoholism and Drug Dependency, the Partnership for 
        a Drug-Free America, and A&E Television Networks, along with thousands 
        of people from across the country, will hold a Recovery Rally on the 
        Brooklyn Bridge and in City Hall Park in New York City on September 27, 
        2008; and
Whereas the Recovery Rally will be part of National Alcohol and Drug Addiction 
        Recovery Month: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates September 27, 2008, as Alcohol and Drug 
        Addiction Recovery Day; and
            (2) calls upon the people of the United States to observe 
        this day with appropriate programs, activities, and ceremonies.
                                 <all>
```
§ 141.10 Definitions. As used in this subpart: *Citizens of the United States* means: ( 1 ) In the case of an individual, one who is a native born, derivative, or fully naturalized citizen of the United States;
( 2 ) In the case of a partnership, unincorporated company, or association, one in which 50% or more of the controlling interest is vested in citizens of the United States; or
( 3 ) In the case of a corporation, one which is incorporated under the laws of the United States or of any State thereof.
*Citizen of a foreign nation* means: ( 1 ) In the case of an individual, one who is not a citizen of the United States;
( 2 ) In the case of a partnership, unincorporated company, or association, one in which more than 50% of the controlling interest is vested in citizens of a nation other than the United States; or
( 3 ) In the case of a corporation, one which is incorporated under the laws of a nation other than the United States so long as ( i ) the title to a majority of the stock thereof is free from any trust or fiduciary obligation in favor of any citizen of the United States;
( ii ) the majority of the voting power in the corporation is not vested in any citizen of the United States;
( iii ) through any contract or understanding, the majority of the voting power may not be exercised directly or indirectly on behalf of any citizen of the United States; or
( iv ) by no other means, control of the corporation is conferred upon or permitted to be exercised by any citizen of the United States.
*Resident alien* means an alien lawfully admitted to the United States for permanent residence in accordance with section 101(a)(20) of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1101(a)(20).
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78 FR 69296, Nov. 19, 2013]
#### § 125.06 Western rivers.

The term *western rivers* as used in the regulations in this subchapter shall include only the Red River of the North, the Mississippi River and its tributaries above the Huey P. Long Bridge, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway.

[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]
<PAGE>

                                                                    Exhibit 32.1


                                906 Certification



                            Certification Pursuant to
                             18 U.S.C. Section 1350
      As adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I , Irving Greenman, the Chief Financial Officer of Epixtar Corp. hereby
certify that Epixtar Corp.'s form 10-KSB for the year ended December 31, 2003
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and (ii) the information contained in the Form 10-KSB for
the year ended December 31, 2003, fairly presents, in all material respects, the
financial condition and the results of operations for the Company.




Date: April 13, 2004                                     /s/ Irving Greenman
                                                       -----------------------
                                                             Irving Greenman,
                                                       Chief Financial Officer
#### § 825.402 Violations of the posting requirement.

Section 825.300 describes the requirements for covered employers to post a notice for employees that explains the Act's provisions. If a representative of the Department of Labor determines that an employer has committed a willful violation of this posting requirement, and that the imposition of a civil money penalty for such violation is appropriate, the representative may issue and serve a notice of penalty on such employer in person or by certified mail. Where service by certified mail is not accepted, notice shall be deemed received on the date of attempted delivery. Where service is not accepted, the notice may be served by regular mail.