alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 14-0998 – Rich v. Simoni 

FILED 

April 10, 2015 

RORY L. PERRY II, CLERK
 

SUPREME COURT OF APPEALS
 

OF WEST VIRGINIA
 Benjamin, Justice concurring: 

I agree with the majority’s reformulation of the certified question to pertain 

specifically to Rule 5.4 of the Rules of Professional Conduct, as a determination of 

whether a Rule of Professional Conduct may constitute a statement of public policy 

should always be made on a rule by rule basis. I write separately, however, to express 

my belief that a Rule of Professional Conduct should only be determined to be a source 

of judicially conceived public policy when the rule at issue serves the public interest, not 

just the interest of the profession. 

In Rocky Mountain Hosp. and Medical Service v. Mariani, 916 P.2d 519 

(1996), a court deciding whether a professional ethical code governing public accountants 

should be adopted as a source of public policy, reasoned that 

[s]tatutes by their nature are the most reasonable and 

common sources for defining public policy. In limited 

circumstances, however, we agree with the jurisdictions that 

hold there may be other sources of public policy such as 

administrative regulations and professional ethical codes. 

However, we quickly note that even those courts that have 

adopted ethical codes as a source of public policy have not 

done so without limitation. See Pierce, 417 A.2d at 512. In 

particular, in order to qualify as public policy, the ethical 

provision must be designed to serve the interests of the public 

rather than the interests of the profession. The provision may 

not concern merely technical matters or administrative 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

regulations. In addition, the provision must provide a clear 

mandate to act or not to act in a particular way. Finally, the 

viability of ethical codes as a source of public policy must 

depend on a balancing between the public interest served by 

the professional code and the need of an employer to make 

legitimate business decisions. We also adopt these limitations 

as a prudent check on the public policy exception to 

employment at-will. 

Thus, we hold that professional ethical codes may in 

certain circumstances be a source of public policy. However, 

we emphasize that any public policy must serve the public 

interest and be sufficiently concrete to notify employers and 

employees of the behavior it requires. 

Id. at 525. 

Consistent with Mariani, I would have limited the holding in this case to 

express that the Rules of Professional Conduct may, in certain circumstances, be a source 

of judicially conceived public policy when the rule at issue serves the public interest, not 

just the interest of the profession. Accordingly, I concur with the majority’s decision.
**USSR Oilseeds (90003)**
Exhibit 99.11

CERTIFICATION

REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND

SECTION 1350 OF CHAPTER 63 OF TITLE 18

OF THE UNITED STATES CODE

Agrium Inc. (the Company) is filing
its annual report on Form 40-F for the fiscal year ended December 31, 2011 (the Report) with the United States Securities and Exchange Commission.

I, Michael M. Wilson, President & Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as enacted 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 6, 2012



/S/ MICHAEL M. WILSONMichael M. WilsonPresident & Chief Executive Officer
p. 1 

# OAR Box 1252 Prepped by Candice Davis



### Document

Number: 

# 35 ) IV-l- 2 Docket Number: 

# A-90-22

Printed 5/21/200811:46:01 AM Sheet 35of 184

# A-90-2 2 IV-l- 2

Federa l Register . Nationa l Emissio n Standard s fo r Hazardou s Ai r Pollutant s fo r Sourc e Categories : Organi c Hazardou s Ai r Pollutant s fromth e Syntheti c Organi c Chemica l Manufacturin g Industryan d Seve n Othe r Processes . Correction . 5 8 F R 11667-11719 . February 26 , 1993 . Thi s ite m i s identica l t o Docke t No . A-90-19 , Ite

m No . IV-I-2 .

•ZR - 2 AZZZ
No. 9226.

#### Maske *v.*The Auld & Conger Company.

(Decided April 17, 1906.)

Error to Circuit Court of Cuyahoga county.

*Messrs. Hammond & White,*for plaintiff in error.

*Messrs. Smith £ Taft,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Crew and Spear, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1777 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                         March 2, 2006.

    Resolved, That the bill from the Senate (S. 1777) entitled ``An Act to 
provide relief for the victims of Hurricane Katrina'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Katrina Emergency Assistance Act of 
2006''.

SEC. 2. EXTENSION OF UNEMPLOYMENT ASSISTANCE.

    Notwithstanding any other provision of law, in the case of an 
individual eligible to receive unemployment assistance under section 
410(a) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster 
declaration made for Hurricane Katrina or Hurricane Rita on or after 
August 29, 2005, the President shall make such assistance available for 
39 weeks after the date of the disaster declaration.
            Attest:

                                                                          Clerk.
109th CONGRESS

  2d Session

                                S. 1777

_______________________________________________________________________

                               AMENDMENT
```
#### VERMONT MUTUAL INSURANCE COMPANY, D. Frank Palmieri and Carmela Palmieri, his wife, Appellants, v. Charles CONWAY, Appellee.

No. GG-481.

District Court of Appeal of Florida, First District.

May 4, 1978.

Rehearing Denied May 18, 1978.

Robert K. Rouse, Jr., of Smalbein, Eu-bank, Johnson, Rosier & Bussey, Daytona Beach, for appellants.

Paul R. Stern of Stern, LaRue & Wells, Daytona Beach, for appellee.

PER CURIAM.

Appellants were found by the jury below to be 15% negligent in an accident which occurred when appellee, a housepainter, fell off a ladder as he painted appellants’ house. Appellants argue that the evidence was legally insufficient to be presented to the jury and that the court erred in not directing a verdict. We agree and reverse.

Appellee testified that Mrs. Palmieri, complaining about his untidiness, had hosed down the driveway two times in the morn*124ing of the accident. He stated that he had moved the ladder a number of times as he worked around the north part of the house, and just before the fall had placed it on a wet part of the driveway surface. Plaintiff’s expert testified that hosing down the driveway could have “reduced the coefficient of friction” to the point at which the ladder essentially lost its traction and gave way. The jury apparently believed that the hosing was at least in part responsible for the accident. Appellants argue that appel-lee admitted he saw Mrs. Palmieri hose the driveway and himself placed the ladder on the wet surface.

It is well settled that a defendant’s knowledge of a danger must be superior to that of a business invitee in order to create a duty to warn of dangers unknown to the plaintiff. *Somers v. Myers,*171 So.2d 598 (Fla. 1st DCA 1965). Here Mrs. Palmi-eri’s knowledge of the wet driveway was no greater than that of the plaintiff’s. Furthermore there was no showing that Mrs. Palmieri realized she was creating a danger to plaintiff by hosing the driveway down. In *Harvey v. Bryant,*238 So.2d 462 (Fla. 1st DCA 1970), this court held that where there was no showing that a homeowner knew or should have known that placing a throw rug on a newly waxed floor created a dangerous condition, she was not liable for injuries caused when a guest fell on that rug. In short, there was no basis for holding defendants liable for plaintiff’s injuries and the trial court should have directed a verdict in their favor.

REVERSED.

SMITH, Acting C. J., and ERVIN and BOOTH, JJ., concur.
# Subsistence engages industry partners about ingredient restriction process

/ Published Aug. 1, 2018
PHILADELPHIA, 
Representatives from the military services, food industry partners and the Defense Logistics Agency Troop Support gathered for the Subsistence Ingredients Industry Day July 19.

The event was held to increase industry’s understanding of the process involved in defining the services’ nutritional requirements and the rules and regulations DLA follows when buying on the warfighters’ behalf.

“It was also an opportunity for more transparency in the process used to decide what ingredients to restrict or remove from the services buyers guide,” Janine Samoni, a division chief with DLA Troop Support’s Subsistence supply chain, said.

The services buyers guides are documents that outlines the standards and quality of subsistence items the military services require.

DLA follows the services’ requirements when procuring food for warfighters around the globe. DLA also adheres to guidelines made by other federal agencies, including the U.S. Department of Agriculture and the Food and Drug Administration.

“I think industry got an appreciation of all of the rules and regulations we follow in coming up with the standards and where these references were coming from,” Samoni said.

Representatives from the military services also presented how they decided which ingredients are to be restricted or removed from the services buyers’ guide.

The services ensure that their item descriptions focus on quality and nutritional value since the warfighter is a human weapon system and they have to be well-fueled with high quality, nutritional food, Samoni said.

“We ensure the warfighters’ needs are met and that the items meet their requirements,” Samoni said. “I think industry now understands DLA’s role in the process.”

Bob Franco, chief operating officer of vendor C&R Foods, Inc., said that he felt that the meeting was inclusive, allowing the perspectives of DLA, the services and industry to be heard.

“I think the conference was useful. I think it went well,” Franco said.

Franco said that while the attendees represented different interests, it was important for everyone there to remember that the meeting was ultimately for the benefit of feeding and sustaining the warfighters.

“I think that sometimes we may forget that our main focus is that 18-20 year old,” Franco said. “At the end of the day, who’s going to eat it?”
ex10-94.htm


Exhibit 10.94

 

EXTENSION OF MATURITY DATE OF WARRANTS

 

This Extension of Maturity Date of Warrants (“Extension”) is by and between the individual or entity named on the executed counterpart of the signature page hereto (such signatory is referred to as “Holder”) and OmniComm Systems, Inc., a Delaware corporation (“Maker”) and is entered into as of the day the Holder executes a copy of this Extension.

 

WHEREAS, Maker has delivered to Holder that certain 12% Promissory Note of the Maker (“Promissory Note”) dated January 31, 2015 in the aggregate to the Holder in the principal amount of $529,000. 

 

WHEREAS, the Maturity Date of the Promissory Note, as that term is defined in the Promissory Note, was April 01, 2017, and the principal due thereunder remains unpaid as of the date hereof.

 

WHEREAS, the parties have agreed to extend the Maturity Date of the Promissory Note to January 01, 2019.

 

WHEREAS, Holder has all requisite power, authority, and capacity to enter into this Extension and to extend the Maturity Date of the Warrants.

 

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, Holder and the Maker hereby agree as follows:

 

	 	
1.
	
Recitals. The foregoing recitals are true and correct.



 

	 	
2.
	
No Other Changes. Except as specifically set forth herein, all other terms and conditions of the Promissory Note remain in full force and effect.



 

	 	
3.
	
Warrants Extension. Maker hereby agrees to extend the expiration date on the Warrants issued in connection with the $529,000 of principal from the Promissory Note on January 31, 2015, which were originally scheduled to expire on April 01, 2017. The new expiration date is January 01, 2019.



 

IN WITNESS WHEREOF, this Extension of Maturity Date of the Warrants associated with the Promissory Note is executed as of the day and date the Holder executes a copy of this Extension.



 

	
 
	
OmniComm Systems, Inc.
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	 	By:	/s/ Thomas E. Vickers	 
	 	 	Thomas E. Vickers	 
	 	 	Chief Financial Officer	 


 

 

[HOLDERS SIGNATURE PAGE FOLLOWS]

 


 

 




 


Exhibit 10.94 

 

 

IN WITNESS WHEREOF, the undersigned represents that it has caused this extension of Maturity Date of Warrants to be duly executed on its behalf (if an entity, by one of its officers thereunto duly authorized) as of the date written below.

 

	
 
	
HOLDER:
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	
 
	
Cornelis F. Wit
	
 

	
 
	
Printed Name of Holder
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	
 
	
By:
	
/s/ Cornelis F. Wit
	
 

	 	(Signature of Holder or Authorized Person)	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	Printed Name and Title if Authorized Person	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	October 15, 2015	 
	 	Date
No. 00-7098.

#### Lopez-Chavez *v.*United States.

C. A. 9th Cir. Certiorari denied.
# L_2012334EN.01005101.xml

| 6.12.2012 | EN | Official Journal of the European Union | L 334/51 |
| --- | --- | --- | --- |

6.12.2012

EN

Official Journal of the European Union

L 334/51

---

Corrigendum to Decision 2011/181/EU of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 15 October 2010 on the signature and provisional application of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part

(
  Official Journal of the European Union L 79 of 25 March 2011
  )

The publication of Decision 2011/181/EU is to be considered null and void.

---
P a s s ama q u o d d y Trr ii b e

II n d ii a n To w n s h ii p

Trr ii b a ll Trr u s tt L a n d s

0 0.5 1 2 3 4

Miles

Map Created by Christina Stringer

February 18 2013

Data Source Base Map Bing Maps

Tribal Boundaries US 2010 Census

EPA001405
**Sheep and Goats Predator Loss (PGG-BB)
A product of the National Agricultural Statistics Service, Agricultural Statistics Board, U.S. Department of Agriculture**Description:**
**
```
[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Notices]
[Page 46381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23215]

[[Page 46381]]

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

NATIONAL COMMUNICATIONS SYSTEM

Federal Telecommunications Recommendation (FTR) 1063-1997

AGENCY: National Communications System (NCS).

ACTION: Notice of publication.

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

SUMMARY: Federal Telecommunications System (FTR) 1063-1997, 
``Procedures for Document Facsimile Transmission'' was approved for 
publication on August 11, 1997. This recommendation establishes 
procedures which are necessary for document transmission between two 
facsimile stations operating on voice band analog circuits. The 
procedures defined in this recommendation include the following: Call 
establishment and call release, control functions, and supervision of 
line conditions. This recommendation is based on ANSI/TIA/EIA-466-A-
1996, which replaces EIA RS-466 (FIPS PUB 148).

FOR FURTHER INFORMATION CONTACT: Contact Stephen Perschau at telephone 
(703) 607-6198 or write to the National Communications System, Attn: 
N6, 701 South Court House Road, Arlington, VA 22204-2198.

Dennis Bodson,
Chief, Technology and Standards Division.
[FR Doc. 97-23215 Filed 8-29-97; 8:45 am]
BILLING CODE 5000-03-M
```
# Team San Joaquin provides support in response to Hurricane Lane

/ Published Aug. 30, 2018

The dedicated men and women of Bulk and Transportation Division at DLA Distribution San Joaquin, California, stepped up to the plate and fulfilled the Federal Emergency Management Agency’s request for bottled water in support of Hurricane Lane affecting the Hawaiian Islands this past Saturday, Aug. 25.

The team loaded 318 pallets of water totaling 540 thousand .5-liter bottles in 16 trucks destined for Travis Air Force Base before transport to Hawaii. 

The San Joaquin team received praise from DLA Distribution Commanding Officer Navy Rear Adm. Kevin M. Jones for their efforts in fulfilling the requirement. Jones commended the team for their outstanding customer service and supporting one of DLA’s Lines of Effort; supporting the Whole of Government.  

“I wanted to personally reach out to thank all of you for the outstanding support provided to FEMA for the Hawaiian Islands during Hurricane Lane, said Jones. “The support DDJC provides to the WOG every day is recognized throughout the Agency through your efforts with FEMA, and the ongoing wildfire support you provide to the Forest Service.”

He concluded telling the San Joaquin team to keep up the hard work.
[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45637-45638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22909]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-126-003]


Iroquois Gas Transmission System, L.P.; Notice of Proposed 
Changes in FERC Gas Tariff

August 22, 1997.
    Take notice that on August 20, 1997, Iroquois Gas Transmission 
System, L.P. (Iroquois) tendered for filing as part of its FERC Gas 
Tariff, First Revised Volume No. 1, the following tariff sheet to 
become effective August 11, 1997:

First Revised Sheet No. 60b

    Iroquois states that this sheet was submitted in compliance with 
the provisions of the Commission's August 5, 1997 Order on Rehearing in 
the captioned proceeding. In that Order, the Commission required 
Iroquois to revise Section 5(d) of the General Terms and Conditions of 
its tariff to eliminate language permitting Iroquois to curtail service 
to secondary points on the basis of the rate paid.

[[Page 45638]]

    Iroquois also states that copies of this filing were served upon 
all customers and interested state regulatory agencies.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with 18 CFR 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-22909 Filed 8-27-97; 8:45 am]
BILLING CODE 6717-01-M
#### John RUSSELL, Petitioner, v. CITY OF TAMPA, Respondent.

No. 69-132.

District Court of Appeal of Florida. Second District.

Aug. 15, 1969.

PER CURIAM.

Certiorari denied.
# 744th CS prepares for the 58th Presidential Inauguration 

/ Published Jan. 13, 2017
JOINT BASE ANDREWS, Md., *Editor's note: The original story can be viewed on the Joint Base Andrews website.*
# Troop Support hosts World Café as gateway to diversity, inclusion

/ Published April 18, 2017
PHILADELPHIA, 

Twenty employees gathered April 12 for three rounds of dialogue on diversity, trust and how to navigate difficult communications during a World Café event in the Defense Logistics Agency Troop Support’s Building 6 auditorium. 

The organization’s Equal Employment Opportunity and Diversity office hosted this discussion-stimulating event to test an approach to strengthening diversity and inclusion.

“I see it as a way to address workforce issues,” said EEOD Director Ruben Filomeno. “It could be culture, human capital issues or work process issues.”

The trademarked World Café methodology outlined on its website involves gathering participants in a café-like environment for a welcome and introduction, followed by three rounds of small group discussions lasting approximately 20 minutes each.

The discussions are focused on specific, pre-formulated questions designed to provoke conversation. At the conclusion of each round, participants are invited to share insights or results from the dialogue with the larger group. The participants are scrambled and reseated at different tables for each subsequent round.

“I’ve never seen anything in my entire educational career that works this well [as the World Café],” said John Fuller, the chief employee engagement educator at the Department of Veterans Affairs and the event-facilitator. Fuller is a 22-year military veteran who holds a doctorate of education and three master’s degrees in business ethics, community leadership and education.

“I thought it was very interesting. I liked how it was really engaging and got everybody to interact with each other. The issues touched on were very relevant to today,” said Octavia Millwood, Equal Employment Opportunity specialist, emphasizing the discussions on the difficulty of navigating the news media environment. 

“I appreciated the opportunity to dialogue with fellow co-workers regarding some difficult and often off-limit topics in our governmental work environment,” said Customer Operations customer liaison specialist Beatrice E. Ross, a World Café participant. “Diversity and inclusion are topics that we face every day in the workplace and in our communities.” 

“It is more important to shatter stereotypes than to further the divide,” Ross continued. “I hope we keep talking until we discover our commonalities and not just focus on our differences.” 

“If we can have more conversations ... and we make the questions a little tough ... I think we’ll have a better organization, and that’s our goal,” explained Filomeno at the end of the World Café event. He encouraged participants to provide feedback for future program development.