alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana ex rel. Joseph WOODS and Claude Woods v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

No. 54152.

Supreme Court of Louisiana.

Dec. 14, 1973.

In re: Joseph Woods and Claude Woods applying for Writs of Habeas Corpus and/or Certiorari.

Writ denied. The evidentiary hearing negates relator’s allegation.
#### McMANAMON et vir. *v.*HIGH’S DAIRY PRODUCTS CORPORATION

[No. 113,

September Term, 1962.]

*371*Decided January 16, 1963.*

The cause was argued before Bruñe, C. J., and Hammond, Prescott, Marbury and Sybert, JJ.

*William F. Hickey*for appellants.

The Court declined to hear argument for the appellee.

*Vance V. Vaughan*on the brief for the appellee.

Per Curiam.

A housewife (who slipped and fell on a damp floor in a milk store) and her husband appeal from a judgment for costs against them, following a directed verdict at the conclusion of their testimony in their suit against the store owner.

The wife testified that she entered the store, put an empty milk bottle she was carrying on a stand near the door and then noticed that the floor in front of the door of the refriger*372ator containing the milk on sale was damp. She walked slowly towards the refrigerator door because she was pregnant, opened the door, got out a bottle of milk, turned around, took one step and, when she “went to take the next one,” fell down. She had on flat shoes with rubber heels.

We assume, without deciding, that the store owner was negligent in failing to dry the floor because we find the appellant to have been negligent as a matter of law. *Chalmers v. Great Atlantic & Pacific Tea Co.,*172 Md. 552; *Cf. Rawls v. Hochschild, Kohn & Co.,*207 Md. 113; *Morrison v. Suburban Trust Co.,*213 Md. 64. Her own version of the happening reveals an awareness of the dangers of walking on the damp floor in her condition. There were two clerks in the store if she had desired to call them for service. Yet she chose to walk on the treacherous surface in order to wait on herself and, in so doing, became the author of her own misfortune. In such case she cannot charge another with her damages, and the trial judge did not err in directing a verdict for the store owner. *Sutton v. Mayor & City Council,*214 Md. 581; *Evans v. Hot Shoppes,*223 Md. 235; *Tyler v. Martin’s Dairy, Inc., 227*Md. 189. Compare *Sanders v. Williams, 209*Md. 149, 152: “* * * one measure of contributory negligence is the need, in a given situation, to anticipate danger. Presence or absence of reasonable foresight is an essential part of the concept. One is charged with notice of what a reasonably and ordinarily prudent person would have foreseen and so must foresee what common experience tells may, in all likelihood, occur, and to anticipate and guard against what usually happens.” Compare also *Velte v. Nichols,*211 Md. 353, a case of assumption of risk, which in Maryland is often difficult to distinguish from contributory negligence, as *Schleisner Co. v. Birchett, 202*Md. 360, points out.

*Judgment affirmed, with costs.*
#### WILLIAM RUNYAN *vs.*WILLIAM R. DICKENSON.

On a certiorari to a justice’s judgment rendered; *by*confession,, the court refused to ailow the defendant to contradict the record by denying the confession of judgment.

Certiorari to Justice- Leonard.

The record set out an action of Dickenson *vs.*Runyan “ on- a promissory acknowledgment for $50:” copias issued;the defendant brought forward, and by his request the case was- continued to another day, when “the defendant appeared and confessed judgment for $50 debt, and fifty-six cents costs of suit. F. Leonard.” After the' judgment the defendant made two payments to the- justice, on the judgment, of $10 each; and1 afterwards took out a writ of certiorari, and the justice paid him back the $20.

*Whitely,*for Runyan:

*Gilpin,*for Dickenson.

*Whitely,*for defendant,

assigned as error in fact supported by affidavit “ that the defendant did not confess judgment for the- sum of $50, as stated by the said1 justice,” and moved for leave to contradict the record on this point by the production of proof.

Motion for leave to contradict the record in, this- respect refused», and judgment affirmed.
#### Ricky HALL, Appellant, v. STATE of Florida, Appellee.

No. T-409.

District Court of Appeal of Florida, First District.

Nov. 20, 1973.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for ap-pellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

RAWLS, C. J., and WIGGINTON and JOHNSON, JJ., concur.
#### Robert Richard PETTI, Appellant, v. STATE of Florida, Appellee.

No. 2186.

District Court of Appeal of Florida. Fourth District.

Oct. 17, 1969.

Rehearing Denied Nov. 24, 1969.

Milton E. Grusmark and Natalie Baskin, Miami Beach, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant’s main thrust on appeal surrounds the in-court identification by the victim. The record permits us to conclude that this identification was of a source wholly independent of any earlier confrontation. United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Stovall v. Denno, 1967, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199; and Anderson V. State, Fla.App.1968, 215 So.2d 618.

The briefs and record on appeal having been read and given full consideration, and the defendant having failed to demonstrate reversible error, the order of the lower court is affirmed.

Affirmed.

WALDEN, McCAIN, and OWEN, JJ., concur.
Exhibit 32.4





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350





The undersigned, Chief Financial Officer of Colonial Properties Trust, the general partner of Colonial Realty Limited Partnership, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge on the date hereof:








(a)     The Form 10-K of Colonial Realty Limited Partnership for the period ended December 31, 2010 filed on the date hereof with the Securities and Exchange Commission (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(b)    Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Colonial Realty Limited Partnership.





Date:February 28, 2011By:/s/ C. Reynolds Thompson, IIIC. Reynolds Thompson, IIIChief Financial Officer of Colonial Properties Trust, the general partner of Colonial Realty Limited Partnership
EX-10.13





 Exhibit 10.13 

 
 



 
 26220 Enterprise Court 

Lake Forest, California 92630 

Tel 949.639.2000 

December 20, 2019 
 Ms. Debra Morris

  

			
		  	 Re: Your Apria Healthcare Group Inc. (“AHG”) Restricted Stock Unit

(“RSU”) grant pursuant to letter dated July 24, 2018 (“Grant Letter”)


 Dear Debby: 

The purpose of this letter is to evidence our agreement to adjust the terms of your Grant Letter to compensate for the effect the $75 Million
dividend distribution declared by the Apria Healthcare Group Inc. (the “Company”) Board of Directors on June 19, 2018 and subsequently paid. Accordingly, the first sentence of the second paragraph of the Grant Letter is hereby
amended and restated in full as follows: 
 You will be granted a number of restricted stock units (the “RSUs”) equal to
0.4% of the amount by which the equity value of the Company exceeds $164.142 million, as measured on the earlier to occur of (i) pricing of an initial public offering of common stock of the Company (or an affiliate) (an
“IPO”) or (ii) immediately prior to the closing of a Change of Control (as defined in the Company’s 2015 Stock Plan) (as applicable, the “Transaction”). 

Kindly return a signed copy of this letter agreement to the undersigned by December 31, 2019, at which time this amendment to the Grant
Letter shall become a binding agreement between you and the Company, enforceable in accordance with its terms. This letter agreement may be executed in several counterparts, each of which shall be deemed an original but which together shall
constitute one and the same instrument. Thank you for all your hard work and dedication! 
  

	
	Very truly yours,
	
	 /s/ Daniel J. Starck

	Daniel J. Starck
	Chief Executive Officer

 Agreed to and Accepted: 
  

	
	 /s/ Debby Morris

	Debby Morris
<PAGE>   1
                                                                      EXHIBIT 11


             FRESENIUS MEDICAL CARE HOLDINGS, INC. AND SUBSIDIARIES
  WEIGHTED AVERAGE NUMBER OF SHARES AND EARNINGS USED IN PER SHARE COMPUTATION
                       (DOLLARS AND SHARES IN THOUSANDS)

<TABLE>
<CAPTION>
                                                           THREE MONTHS ENDED
                                                                MARCH 31,
                                                           ------------------
                                                            1998        1997
                                                           ------      ------
<S>                                                        <C>         <C>   
     The weighted average number of shares of
       Common Stock were as follows.....................   90,000      90,000
                                                           ======      ======
</TABLE>


Income used in the computation of earnings per share were as follows:

<TABLE>
<CAPTION>
                                                           THREE MONTHS ENDED
                                                                MARCH 31,
                                                           ------------------
                                                            1998        1997
                                                           ------      ------
<S>                                                        <C>         <C>   
     Net Earnings........................................  $5,294      $8,578

     Dividends paid on preferred stocks..................    (130)       (130)
                                                           ------      ------

     Income used in per share computation of earnings....  $5,164      $8,448
                                                           ======      ======

     Basic and fully dilutive earnings per share.........  $ 0.06      $ 0.09
                                                           ======      ======
</TABLE>
# Official Journal L 332/28 D

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 332 |
| | |
| English edition | Legislation | Volume 6128 December 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 332

English edition

Legislation

Volume 6128 December 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2018/2032 of 20 November 2018 amending Commission Regulation (EC) No 416/2007 concerning the technical specifications for Notices to Skippers | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2018/2032 of 20 November 2018 amending Commission Regulation (EC) No 416/2007 concerning the technical specifications for Notices to Skippers

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
House Calendar No. 140

103D CONGRESS

2D SESSION H. RES. 387

[Report No. 103–434]

RESOLUTION

Providing amounts from the contingent fund of the

from April 1, 1994, through May 31, 1994.and studies by certain committees of the HouseHouse for continuing expenses of investigations

MARCH 15, 1994

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 140

103D CONGRESS

2D SESSION H. RES. 387

[Report No. 103–434]

Providing amounts from the contingent fund of the House for continuing

expenses of investigations and studies by certain committees of the House

from April 1, 1994, through May 31, 1994.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. FROST, from the Committee on House Administration, reported the following resolution; which was referred to the House Calendar and ordered

to be printed

RESOLUTION

Providing amounts from the contingent fund of the House

for continuing expenses of investigations and studies by

certain committees of the House from April 1, 1994,

through May 31, 1994.

1 Resolved, That there shall be available from the con2 tingent fund of the House such amounts as may be nec3 essary for continuance of investigations and studies by the

4 standing committees of the House and the Permanent Se5 lect Committee on Intelligence, for the period beginning
2

•HRES 387 RH

1 immediately after midnight on March 31, 1994, and end2 ing at midnight on May 31, 1994, on the same terms and

3 conditions as amounts were available to such committees

4 for the period beginning at noon on January 3, 1994, and

5 ending at midnight on March 31, 1994, pursuant to clause

6 5(f) of rule XI of the Rules of the House, except that the

7 entitlement percentage shall be 8.33 percent.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 232 Agreed to House (ATH)]

103d CONGRESS
  1st Session
H. RES. 232

Expressing the condolences of the House on the death of Representative 
                                 Henry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1993

 Mr. Dingell submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing the condolences of the House on the death of Representative 
                                 Henry.

    Resolved, That the House has heard with profound sorrow of the 
death of the Honorable Paul B. Henry, a Representative from the State 
of Michigan.
    Resolved, That a committee of such Members of the House as the 
Speaker may designate, together with such Members of the Senate as may 
be joined, be appointed to attend the funeral.
    Resolved, That the Sergeant at Arms of the House be authorized and 
directed to take such steps as may be necessary for carrying out the 
provisions of these resolutions and that the necessary expenses in 
connection therewith be paid out of the contingent fund of the House.
    Resolved, That the Clerk communicate these resolutions to the 
Senate and transmit a copy thereof to the family of the deceased.
    Resolved, That when the House adjourns today, it adjourn as a 
further mark of respect to the memory of the deceased.

                                 <all>
```
257 La. 855

#### Succession of B. J. CHAUVIN, Sr.

No. 51140.

Supreme Court of Louisiana.

Feb. 24, 1971.

In re: Mrs. Bernice Buwe, widow of B. J. Chauvin, Sr., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 242 So.2d 340.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
House Calendar No. 113

103D CONGRESS

1ST SESSION H. RES. 299

[Report No. 103–335]

RESOLUTION

Providing for consideration of the bill (H.R. 1036)

not preempt certain State laws.rity Act of 1974 to provide that such Act doesto amend the Employee Retirement Income SecuNOVEMBER 8, 1993

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 113

103D CONGRESS

1ST SESSION H. RES. 299

[Report No. 103–335]

Providing for consideration of the bill (H.R. 1036) to amend the Employee

Retirement Income Security Act of 1974 to provide that such Act does

not preempt certain State laws.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 8, 1993

Mr. BEILENSON, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the bill (H.R. 1036) to amend

the Employee Retirement Income Security Act of 1974

to provide that such Act does not preempt certain State

laws.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 1(b) of

3 rule XXIII, declare the House resolved into the Committee

4 of the Whole House on the state of the Union for consider5 ation of the bill (H.R. 1036) to amend the Employee Re6 tirement Income Security Act of 1974 to provide that such
2

HRES 299 RH

1 Act does not preempt certain State laws. The first reading

2 of the bill shall be dispensed with. General debate shall

3 be confined to the bill and shall not exceed one hour equal4 ly divided and controlled by the chairman and ranking mi5 nority member of the Committee on Education and Labor.

6 After general debate the bill shall be considered for

7 amendment under the five-minute rule for a period not

8 to exceed four hours. It shall be in order to consider as

9 an original bill for the purpose of amendment under the

10 five-minute rule the amendment in the nature of a sub11 stitute recommended by the Committee on Education and

12 Labor now printed in the bill. The committee amendment

13 in the nature of a substitute shall be considered as read.

14 At the conclusion of consideration of the bill for amend15 ment the Committee shall rise and report the bill to the

16 House with such amendments as may have been adopted.

17 Any Member may demand a separate vote in the House

18 on any amendment adopted in the Committee of the Whole

19 to the bill or to the committee amendment in the nature

20 of a substitute. The previous question shall be considered

21 as ordered on the bill and amendments thereto to final

22 passage without intervening motion except one motion to

23 recommit with or without instructions.
<PAGE>

                                                                Exhibit 10.18

MEMORANDUM

To:  Bill Lewis

From:  Bill McCabe

Date:  August 12, 1996

Re:  Vice President, North American Sales Position

     As we have discussed, this letter sets forth the terms on which you are
offered the position of Vice President, North American Sales of CBT Group plc.

     1.  Your annual compensation package will be as follows:

         Base Salary:                        $100,000
         Commission @ 100% of target:        $110,000
         Total Bonus Opportunity:            $ 80,000
         Car allowance (12 x $600)           $  7,200
                                             --------

             Total                           $297,200

     2.  In connection with your relocation, you will also receive:

         $2,500 per month as a housing allowance for as long as you are
         employed as Vice President of North American Sales

         All reasonable and customary costs actually incurred by you for (i)
         selling your home in Atlanta, including real estate commission and
         closing costs that are customarily paid by seller; (ii) points
         incurred in the purchase of your new home (up to 1.5 points on the
         amount financed) and other closing costs that are customarily paid by
         buyer; (iii) costs of moving to the Bay Area, including the costs of
         the movers (including packing and unpacking); and (iv) temporary (not
         more than six months) living expenses in the Bay Area before the move.

         A non-accountable allowance for incidental expenses of $5,000.

         At CBT's election, either (i) the items in this section 2 will be
         structured so that they can be received by you without increasing your
         taxable income, or (ii) you will be grossed up to account for the
         income tax effect.

     3.  You will commence your duties as Vice President, North American Sales
         in September 1996 (as well as performing your current duties for the
         rest of the year). During the fourth quarter, you will be paid based on
         your current (regional VP) package. In addition, you will receive a
         bonus equal to one-half of the commissions you earn under your current
         (regional VP) package for sales in the southern region.

     4.  In the event that you are terminated by CBT without cause within one
         year of the you take over your responsibilities in the Bay Area, your
         expenses of moving back to Atlanta will be paid by CBT.
<PAGE>

     I am very excited about the prospect of your helping CBT move to the next
phase of its growth and development.  If you are in agreement with the above,
please so indicate by signing below.


Very truly yours,


William G. McCabe
Chairman and Chief Executive Officer

                                            Accepted and agreed:


                                            ___________________________
                                            Bill Lewis
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consentto the incorporation by reference in Registration Statement Nos. 333-161897 and 333-156097 on Form S-3 and Registration Statement Nos. 333-20191, 333-51143, 333-46588, 333-81242, and 333-119329 on Form S-8 of our reports relating to the financialstatements of Washington Federal, Inc. and the effectiveness of Washington Federal Inc.’s internal control over financial reporting dated October 30, 2009, appearing in this Annual Report on Form 10-K of Washington Federal, Inc. for theyear ended September 30, 2009. 

Seattle, Washington 

October 30, 2009
[No. 697-1.

Division One—Panel 1.

April 24, 1972.]

#### The State of Washington, *Respondent,*v. Ernest Givre, *Appellant.*
Jacket: 540-615

Title:

Financial Planning, Managing Your Education,

Managing Your Transition,

MOC Crosswalk, and Pre-Separations Resource

Guides – 5 books

Agency: Department of the Navy

Bid Opening: March 12, 2024 11:00:00 AM Eastern

Bid Terms Discounted Total

$72,045.47 1.0% 20 days $71,325.02

$55,642.46 1.0% 20 days $55,086.04

$25,245.88 1.0% 20 days $24,993.42

$51,484.53 1.0% 20 days $50,969.68

$92,591.76 1.0% 20 days $91,665.84

$297,010.10 $294,040.00

$89,431.00 2.0% 20 days $87,642.38

$48,123.00 2.0% 20 days $47,160.54

$62,933.00 2.0% 20 days $61,674.34

$77,517.00 2.0% 20 days $75,966.66

$90,476.00 2.0% 20 days $88,666.48

$368,480.00 $361,110.40

$93,185.00 1.0% 20 days $92,253.15

$63,752.00 1.0% 20 days $63,114.48

$44,779.00 1.0% 20 days $44,331.21

$72,464.00 1.0% 20 days $71,739.36

$113,544.00 1.0% 20 days $112,408.56

$387,724.00 $383,846.76

$427,913.00 1.0% 20 days $423,633.87

Book 4 - Military Occupational Crosswalk

Book 5 - Pre-Separations Resource

Subtotal Bid Price (excluding kitting/freight): 

Total Bid Price: 

Execuprint, Santa Clarita, CA 040-31510

Book 1 - Financial Planning

Book 2 - Managing Your Education

Book 3 - Managing Your Transition 

Book 1 - Financial Planning

Book 2 - Managing Your Education

Book 3 - Managing Your Transition 

Book 4 - Military Occupational Crosswalk

Book 5 - Pre-Separations Resource

*Advantage Mailing, LLC, Anaheim, CA 040-02494

Book 1 - Financial Planning

Contractor Name

Book 5 - Pre-Separations Resource

* =Awarded

KB/MJS 3-18-2024

Total Bid Price (including kitting/freight): 

Book 2 - Managing Your Education

Book 3 - Managing Your Transition 

Book 4 - Military Occupational Crosswalk

Total Bid Price: 

District Creative Printing, Upper Marlboro, MD 190-27865