alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Hon. C. H. Gavness 

State Au~ditor 

Capitol Building 

Austin, Texas 

Dear Mr. Cavness: 

Opinion No. S-142 

Re: Travel expense of State 

cmployeea. 

You have requested our opinion as to whether, “where 

it is cheaper, the traveling (State) employee may return to his home 

daily rather than :to have to stay out at State expense.” 

Section 8a of Article VI of Chapter 81 of the Acts of the 

53rd Legislature, 1953, pagt 127, the General’Appropriation Bill, at 

page 345, provides ,in, part: 

“The amounts herein.appropriated for the payment of traveling expenses of the agencies are intended 

to be the maximum amounts that shall be paid by the 

State as re’imbursement of travel expenses of State employee,s. The agency heads are charged with the responsibility of planning the,- activities of their offices So that 

all travel axpenae ahall be paid in full aa long ae the certified expense accounts are within the maximum herein 

prescribed.” 

As thus provided, the planning and control of employees’ 

travel and its incident expense is the responsibility of the head of 

the agency concerned, within the maximum limit fixed by the’ Legislature. It is within the province of such agency head to require the employee who is away on official temporary duties to report back to his 

permanent station on week ends or eachawniiqglfhe deems it expedient, 

and it is ou.r opinion that an employee~who.performs travel in compliance therewith is entitfad to reimbursement upon hia proper application. 
Hon. C. H. Cavness, page 2 (S-142) 

Insofar as it conflicts herewith, Attorney General’s 

Opinion O-1404 (1939) is hereby overruled. 

SUMMARY 

When an employee is authorized to return to 

his home by the head of his agency, it is a proper 

travel expenditure under Section 8a of Article VI of 

Chapter 81, Acts of the 53rd Legislature, 1953. 

Attorney General’s Opinion O-1404 (1939) insofar as it conflicts herewith is hereby overruled. 

APPROVED: ‘. Yours very+ruly, 

Willis Gresham JOHN BEN SHEPPERD 

Public Affairs Division Attorney General 

John Davenport 

Reviewer 

Robert S. Trotti 

First Assistant 

, 

Jahn Ben Shepperd 

Attorney General 

JA :he
#### Harold ROBERTS et al., Appellants, v. FEDERAL CROP INSURANCE CORPORATION, Appellee.

No. 16002.

United States Court of Appeals Ninth Circuit.

Nov. 19, 1958.

Kimball & Clark, Ned W. Kimball, Waterville, Wash., for appellants.

Dale M. Green, U. S. Atty., Robert L. Fraser, Asst. U. S. Atty., Spokane, Wash., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and GOODMAN, District Judge.

PER CURIAM.

The District Court granted summary judgment in favor of appellee upon the ground that the record showed that appellants had failed to comply with the conditions precedent of crop insurance issued to them by appellee. The issue presented on the motion below and again on appeal here was whether or not the appel-lee had lawfully waived or was estopped to require compliance by appellants with the conditions precedent of the insurance contract.

Judge Sam Driver justly and properly disposed of the cause and we adopt his reasons as ours for affirming the judgment.

Affirmed on opinion below, Roberts v. Federal Crop Insurance Corporation, D.C.E.D.Wash.1958, 158 F.Supp. 688.
§ 273.9 Collection of civil penalties or assessments. ( a ) Any penalty or assessment imposed under the Program Fraud Civil Remedies Act may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing conducted under part 962 of this title or pursuant to judicial review under 31 U.S.C. 3805 may be raised as a defense and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review. A civil action to recover a penalty or assessment shall be commenced within three years after the date on which the determination of liability for such penalty or assessment becomes final.
( b ) The amount of any penalty or assessment which has become final may be collected by administrative offset in accordance with 31 U.S.C 3716, 3807.
( c ) Any penalty or assessment imposed by the Postal Service under this part shall be deposited in the Postal Service Fund established by section 2003 of title 39.
§ 84.04 Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations. ( a ) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26(c)(ii) (§ 83.26(c)(ii) of this chapter) shall be placed at a horizontal distance of not less than 2 meters and not more than 6 meters away from the two all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in Rule 26(c)(i)(§ 83.26(c)(i) of this chapter) and not lower than the sidelights.
( b ) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii)(§ 83.27(d)(i) and (ii) of this chapter), shall be placed at the maximum practical horizontal distance, but in no case less than 2 meters, from the lights or shapes prescribed in Rule 27(b)(i) and (ii)(§ 83.27(b)(i)and (ii) of this chapter). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27(b)(i) and (ii) (§ 83.27(b)(i) and (ii) of this chapter).
§ 385.19 Environmental and economic equity. ( a ) Project Management Plans and Program Management Plans shall include information concerning any environmental and economic equity activities to be undertaken during the implementation of the project or activity.
( b ) As required by applicable laws and policies, the Corps of Engineers and non-Federal sponsors shall consider and evaluate environmental justice issues and concerns in the implementation of projects.
( c ) During the implementation of the Plan, through appropriate means, consistent with section 601(k) of WRDA 2000 and other provisions of Federal law, the Corps of Engineers and non-Federal sponsors shall provide information to socially and economically disadvantaged individuals and communities, including individuals with limited English proficiency, about potential or anticipated contracting opportunities that are expected to result from implementation of the Plan.
( d ) The District Engineer shall ensure that small business concerns owned and controlled by socially and economically disadvantaged individuals are provided opportunities to participate under section 15(g) of the Small Business Act (15 U.S.C. 644(g)) throughout the implementation process. The District Engineer shall track the amount of contracts awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals in order to ensure that they are provided such opportunities.
#### § 959.29 Official record.

The transcript of testimony together with all pleadings, orders, exhibits, briefs and other documents filed in the proceedings shall constitute the official record of the proceeding.
EXHIBIT 32

                        CERTIFICATION PURSUANT TO
                         18 U.S.C. SECTION 1350,
                         AS ADOPTED PURSUANT BY
              SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the accompanying Annual Report on Form 10-K of
Safer Shot, Inc. for the period ended, September 30, 2009, (the "Report")
I, John Lund, Treasurer of the Company, hereby certify pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge and belief, 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 Safer Shot, Inc.



Date:    January 12, 2010             /s/John Lund
                             -------------------------------------------
                                         John Lund
                                         Treasurer
                                    (Accounting Officer)
#### Colyer’s Adm’r. *vs*Craig *&*Smith.

*December*21.

Error to the Rockcastle Circuit.

Chancery.

*Case*20.

*Assignor and Assignee. Set-off.*

The insolvency of an assignor at the date of the transfer of a note, is good grounds in equity to authorize a set-off by obligor, of notes due to him by assignor at the date of the assignment acquired by purchase.

Equitable demands may also be set off, which the obligor held before the assignment,' and the legal holder wlH 'has transferred the equit'abíe demands, though a proper party, is not always a necessary party;. If his deposition be taicen andhe prove the transfer, it is sufficient to authorize the set off,

Chum? Justice Marshall

delivered the opinion-of the Court.

The insolvency of Cox while he held the note on Craig & Smith and ever since, is ah equitable ground for setting off against the note the demand upon Cox which Craig & Smith held before he assigned the note to Coly.er. This ground is sufficiently established by the evidence, as .is also the fact that the demands claimed to be set off were held by Craig & Smith before the assignment of their note to Colyer.

■Of these demands three were evidenced by assigned notes, and the assignors were not necessary parties. A fourth is the note to J. *L.*Adams, not assigned, but his .answer admits the sale of* it to Craig & Smith. A fifth and sixth consist .of two executions in favor of W. Jones, and purporting to be -assigned by him to Cr§,i-g,. .& .Smith. As this assignment did not pass 'the legal ■title, Jones was in strictness a necessary party. But-.as the .executions .amount only .to about ten or eleven dollars, and Jones in his deposition proves the assignment, thus in effect securing the object-of-making him a formal *74party, the decree will not be reversed for the failure to bring him before the Court as a defendant. And as it •appears that the aggregate amount of the claims above enumerated, With interest up to the maturity of the note of Craig & Smith, comes within less than a dollar of the sum.allowed as a set off, which deficit is compensated by an excess in the ten per cent, damages allowed upon interest accruing after the date of the injunction, we are of opinion that the failure to bring before the Court the assignors of other claims, not necessary to make up the set off allowed, is no ground of reversal. And that there is no error in the proceedings to the prejudice of Colyer’s administrator.

*B. Monroe*for plaintiff; *Bell*for defendants.

Wherefore the decree is affirmed.
Case No.: 1:22-cv-22343-KMM Moore/Louis

Page 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-22343-KMM Moore/Louis

JORGE MONTEAGUDO ALBURQUERQUE,

Plaintiff,

v.

THE DE MOYA GROUP, INC.,

a Florida Profit Corporation,

Defendant.

_________________________________________/

EVIDENTIARY HEARING FINAL EXHIBIT LIST

EXHIBIT # DATE 

ADMITTED

DESCRIPTION OBJ.

P-2 9/12/2023 Deposition Transcript of Jorge Monteagudo Dated 

November 17, 2022

Agreed

P-3 9/12/2023 Deposition Transcript of Christopher Homer De Moya 

dated January 13, 2023.

Agreed

P-4 9/12/2023 Deposition Transcript of Elena Valdes Dated January 

13, 2023.

Agreed

P-5 9/12/2023 Deposition Transcript of Manuel Comes Dated February

3, 2023.

Agreed

P-6 9/12/2023 Second Deposition Transcript of Elena Valdes Dated 

March 6, 2023

Agreed

P-7 9/12/2023 Deposition Transcript of Susan Giraldo Dated 2/23/23 Agreed

P-8 9/12/2023 Deposition Transcript of Christopher Homer De Moya 

as Corporate Representative for THE DE MOYA 

GROUP, INC. Dated 2/13/23

Agreed

P-9 9/12/2023 Deposition Transcript of Jerome Nasso Dated 2/14/23 Agreed

P-10 9/12/2023 Deposition Transcript of Carlos Manuel Cardona Dated 

2/20/23

Agreed

Case 1:22-cv-22343-KMM Document 111 Entered on FLSD Docket 09/24/2023 Page 1 of 3
Case No.: 1:22-cv-22343-KMM Moore/Louis

Page 2

EXHIBIT # DATE 

ADMITTED

DESCRIPTION OBJ.

P-20 9/12/2023 Defendant’s email thread (January 21, 2021-Jan. 26, 

2021) re: RE: Jorge Monteaguado terminated 10/7/20 

sleeping on the roller. 

(DEF 00155-00160)

Agreed

P-24 9/12/2023 Police Report dated October 5, 2020

(DEF00095-DEF00098)

Agreed

P-27 9/12/2023 Termination Form for Plaintiff by Jerome Nasso dated 

October 7, 2020 (DEF 00099-00101)

Agreed

P-30 9/12/2023 Discipline of other employees by Defendant re: safety 

violations

Agreed

P-31 9/12/2023 Notice of Approval of Unemployment for Plaintiff Agreed

P-40 9/12/2023 Court’s Order granting Defendant’s Motion for 

Summary Judgment ECF No. 87

Agreed

P-41 9/12/2023 Paperless Order denying Plaintiff’s Motion to Alter 

Judgment Pursuant to Fed. R. Civ. P. 59. (ECF No. 100)

Agreed

P-42 9/12/2023 Pacer Case search for attorney Nathaly Saavedra, Esq. Agreed

P-43 9/12/2023 E-mail dated November 21, 2022, Response to Public 

Records Request - Miami-Dade Commission on Human 

Rights; CHR Charge No. F-851 with documents

Agreed

P-46 9/12/2023 Email Nov. 13 2020 - Monteagudo v. De Moya -Charge 

sent to MDCCHR

Agreed

P-48 9/12/2023 Email July 15, 2021 re: status of Charge with the 

MDCCHR 

Agreed

P-49 9/12/2023 Email dated Dec. 6. 2021- Re Determination by 

MDCCHR

Agreed

P-50 9/12/2023 Transcript of Hearing on 05-09-23 -Alburquerque v. 

The De Moya Group

Agreed

Case 1:22-cv-22343-KMM Document 111 Entered on FLSD Docket 09/24/2023 Page 2 of 3
Case No.: 1:22-cv-22343-KMM Moore/Louis

Page 3

EXHIBIT # DATE 

ADMITTED

DESCRIPTION OBJ.

D-24 9/12/2023 Ex. 24 Matamoros v. Broward Sheriff’s Office– Appeal

Case 1:22-cv-22343-KMM Document 111 Entered on FLSD Docket 09/24/2023 Page 3 of 3
<PAGE>

                                                                 Exhibit 10.21.5

                             FIFTH AMENDMENT TO THE
               ALBERTSON'S, INC. NON-EMPLOYEES DIRECTORS' DEFERRED
                               COMPENSATION PLAN

     WHEREAS, the Albertson's, Inc. Non-Employees Directors' Deferred
Compensation Plan (the "Plan") was established effective January 1, 1990, and
has previously been amended;

     WHEREAS, the Board of Directors of Albertson's, Inc. has delegated the
authority to amend the Plan to its Management Development/Compensation
Committee;

     NOW, THEREFORE, the following amendments to the Plan are hereby adopted
effective as of the adoption date of this Amendment (unless another effective
date is expressly specified):

     1. A new Section 6.10 is hereby added to the Plan, immediately following
Section 6.9, to read as follows:

               6.10 Notwithstanding any other provision of the Plan, each
          Participant shall have the right to elect, prior to May 22, 2006, in
          accordance with procedures established under the Plan, to receive a
          lump sum in cash (payable from an applicable trust or from general
          corporate assets) such Participant's vested account balance under such
          Plan as of the date of the distribution, payable as soon as
          practicable on or after (but no later than 30 days after) January 1,
          2007, or, if later, the effective date of a Change in Control
          ("Special Election Lump Sum"), provided that such election shall not
          prevent the payment or commencement of a Participant's account balance
          under the Plan on a scheduled distribution date that occurs prior to
          the payment of any such Special Election Lump Sum.

     2. A new Section 10.03 is hereby added to the Plan, immediately following
Section 10.02, to read as follows:

               10.03 It is intended that the Plan shall be operated in good
          faith compliance with Section 409A of the Internal Revenue Code
          ("Code") and may be amended by the Board, the Committee or their duly
          authorized delegates at any time to the extent determined necessary or
          desirable, at their discretion, in light of Code Section 409A, without

<PAGE>

          regard to any restrictions on their ability to amend the Plan under
          any other provision of the Plan.

     3. Except as provided herein, the Plan shall remain in full force and
effect.

     EXECUTED this 28th day of April, 2006.

                                        ALBERTSON'S, INC.


                                        By: /s/ John R. Sims
                                            ------------------------------------
                                        Its: Executive Vice President & General
                                             Counsel


                                       2
SERVED: March 21, 2016 

U.S.· DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

KENNETH RAY RUMBERGER 

Docket No. F AA-2015 - 0639 

(Civil Penalty Action) 

ORDER REASSIGNING PROCEEDING 

Administrative Law Judge Richard C. Goodwin has transferred to the Food and Drug 

Administration. Accordingly, this proceeding is hereby reassigned from Judge Goodwin to 

Administrative Law Judge Douglas M. Rawald. Any dates set for hearing or prehearing 

conference are suspended until further notice. All other orders remain in full force and effect 

absent further order. 

SO ORDERED. 

Attachment-Service List 
SERVICE LIST -BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W 1 0001 

ONE COPY 

Kenneth Ray Rumberger, Respondent 

2451 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

Negar Pirzadeh, Re.~pondent 's Counsel 

Tenax Law Group PC 

145 Park Place, Suite A 

Point Richmond, VA 94801 

TEL: 510-234-2808 

FAX: 510-234-6009 

Lierre Green, Complainant's Counsel 

Office of the Regional Counsel, A WP-7.6 

Western-Pacific Region 

Federal Aviation Administration 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-711 7 

FAX: 310-725-6816 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

-2-

Docket No. F AA-2015-0639 

(Civil Penalty Action)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>                      Yes

     This  schedule  contains  summary  financial   information  extracted  from
Albertson's  Quarterly Report to Stockholders for the 39 weeks ended October 30,
1997 and is qualified in its entirety by reference to such Financial Statements.
</LEGEND>
<CIK>                         0000003333
<NAME>                        Albertson's, Inc.
<MULTIPLIER>                            1,000
<CURRENCY>                                  0
       
<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       JAN-29-1998
<PERIOD-START>                          JAN-31-1997
<PERIOD-END>                            OCT-30-1997
<EXCHANGE-RATE>                                   1
<CASH>                                       98,312
<SECURITIES>                                      0
<RECEIVABLES>                               103,084
<ALLOWANCES>                                  1,000
<INVENTORY>                               1,244,315
<CURRENT-ASSETS>                          1,539,929
<PP&E>                                    5,037,324
<DEPRECIATION>                            1,757,902
<TOTAL-ASSETS>                            5,015,875
<CURRENT-LIABILITIES>                     1,254,175
<BONDS>                                   1,120,664
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                    245,574
<OTHER-SE>                                2,034,904
<TOTAL-LIABILITY-AND-EQUITY>              5,015,875
<SALES>                                  10,900,082
<TOTAL-REVENUES>                         10,900,082
<CGS>                                     8,065,336
<TOTAL-COSTS>                             8,065,336
<OTHER-EXPENSES>                                  0
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                           61,243
<INCOME-PRETAX>                             551,436
<INCOME-TAX>                                209,325
<INCOME-CONTINUING>                         342,111
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                342,111
<EPS-PRIMARY>                                  1.38
<EPS-DILUTED>                                  1.38
        

</TABLE>
#### § 960.13 Filing and service of documents.

Any application for an award or other pleading or document related to an application shall be filed and served on all parties to the proceeding in the same manner as other pleadings in the proceeding, except as provided in § 960.11(b) for confidential financial information.
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 on Form 10-KSB of Quotemedia, Inc. (the Company)
for the year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, R. Keith Guelpa, Chief Executive Officer of the Company, certify, to my best knowledge and belief,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 (15 U.S.C. 78m(a) or 78o(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ R. Keith Guelpa    
|    |  | R. Keith Guelpa        
|    |  | Chief Executive Officer
|    |  | April 3, 2008