alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ELAINE MAHAN, )

Plaintiff, ) 

 )

v. ) CIVIL ACTION 09-00535-KD-B

 )

MOBILE HOUSING BOARD, )

Defendant. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issues

raised, and a de novo determination of those portions of the Report and Recommendation to which

objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C.

§636(b)(1)(B) and dated December 17, 2009, is ADOPTED as the opinion of this Court as to all

claims except as to Plaintiff's due process claim that "I asked for a hearing and the Housing Board

refused to grant me a hearing." Accordingly, it is ORDERED that Defendant's motion to dismiss

(Doc. 7) is GRANTED in part and DENIED in part. Additionally, it is ORDERED that Plaintiff

is granted leave to amend her Complaint on or before March 4, 2010, to state facts in support of her

due process claim only; indeed, the Court will not consider additional facts or arguments as to the

other claims which have been dismissed. Further, Plaintiff is CAUTIONED that the failure to

allege specific facts in support of her due process claim will result in dismissal of said claim upon

motion by Defendant.

DONE and ORDERED this the 11th day of February 2010.

/s/ Kristi K. DuBose 

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00535-KD-B Document 19 Filed 02/11/10 Page 1 of 1
<PAGE>

                                                                    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 Quarterly Report of Historic Preservation Properties 1989
LP ("HPP'89") on Form 10-QSB for the quarter ended June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report") the
undersigned, in the capacities and on the date indicated below, 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 the best of his knowledge:

1.   The Report fully complies with the requirements of Section 13 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 HPP'89.


/s/ Terrence P. Sullivan
------------------------------------
Terrence P. Sullivan
General Partner
(Performing similar functions of the
Chief Executive Officer and
Chief Financial Officer)

Date: August 10, 2006
11589.

#### JENKINS *v.*THE STATE.

Decided July 15, 1920.

1. A conviction upon an indictment charging possession, custody, and control of intoxicating liquor was authorized by evidence showing that near the house in which the accused lived, and in'a pasture in which he and another person kept their cows and which was under their joint control, two jugs of whisky were found, which the other person testified did not belong to himself.

2. Objection to the whole when a part is admissible will not require exclusion of testimony.

Indictment for possession of liquor; from Harris superior court — Judge Howard. May 3, 1920.

Cited by counsel:

17 *Ga. App.*730 (2).

*Hardy & Peavy,*for plaintiff in error.

*C. F. McLaughlin, solicitor-general,*contra.

Luke, J.

The defendant in this ease was charged with having in his possession intoxicating liquor. The evidence shows that out in a pasture and some 150 yards from his home, two containers were found with whisky in them. The evidence further shows that he and another person had joint control and occupancy of the pasture. The other person testified that the whisky did not belong to him, and the defendant stated that it was not his property.

Some of the testimony that the defendant moved to exclude was clearly admissible, and, his motion being to exclude *all*of it, it was not error to deny the motion. The evidence authorized the verdict.

*Judgment affirmed.*

*Broyles, C. J., and Bloodworth, J., concur.*
US GLOBAL NANOSPACE, INC.

                                December 8, 2005

Via Email
John Robinson

      Re:   Consideration for Continuing Loan Guaranty

Dear John:

      This letter confirms our agreement to provide you with certain
consideration for your continuing guaranty of our revolving line of credit with
Western Security Bank (the "Loan"). Specifically, US Global Nanospace, Inc.
agrees to issue to you, on a monthly basis for thirty consecutive calendar
months from the date of this letter, with the first issuance to occur as of the
date hereof, $5,831.77 payable in restricted common stock of the Corporation
(the "Monthly Issuance"). The shares of common stock issued to you pursuant to
this letter shall be valued at the closing price of the common stock on the last
trading day of the calendar month for which the shares are being issued. For
example, if the shares are due on December 16 for the calendar month from
November 15-December 15, the shares shall be valued at the closing price on
December 15. The Monthly Issuance amount shall not change until or unless the
Company pre-pays any outstanding Loan amount, in which case our Board of
Directors shall have the right to adjust downward the Monthly Issuance in
accordance with the methodology set forth in the Management Compensation
Analysis, dated November 10, 2005, prepared by Gemini Partners, Inc. In the
event you and our Board of Directors disagree as to the proposed adjusted
Monthly Amount, you and our Board of Directors shall mutually appoint an
independent advisory firm, at the Company's sole expense, to make a final and
binding determination of the adjusted Monthly Amount. We will follow the
procedure set forth in this letter each time we pre-pay the Loan.

      If the foregoing correctly states our agreement on this matter, please
countersign below where indicated and return your signature to the undersigned.
Thank you.

                                  Kind Regards,

                                  US Global Nanospace, Inc.


                                  By:/s/ Carl Gruenler
                                     ---------------------------
                                         Carl Gruenler, CEO

ACKNOWLEDGED AND AGREED:


By:
   ----------------------------------
      John Robinson, an individual
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4836 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4836

To name the Department of Veterans Affairs medical center in Amarillo, 
Texas, as the ``Thomas E. Creek Department of Veterans Affairs Medical 
                               Center''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2004

 Mr. Thornberry (for himself, Mr. Carter, Mr. Neugebauer, Ms. Jackson-
Lee of Texas, Mr. Burgess, Mr. Frost, Mr. Edwards, Mr. Turner of Texas, 
  Mr. Culberson, Mr. Paul, Mr. Hinojosa, Mr. Sessions, Mr. Hall, Mr. 
 Lampson, Mr. Reyes, Mr. Ortiz, Mr. Rodriguez, Mr. Stenholm, Mr. Bell, 
 Mr. Barton of Texas, Mr. Bonilla, Mr. Brady of Texas, Mr. DeLay, Ms. 
Granger, Mr. Hensarling, Mr. Smith of Texas, Mr. Sandlin, Mr. Green of 
Texas, Mr. Sam Johnson of Texas, Mr. Moran of Kansas, Ms. Eddie Bernice 
    Johnson of Texas, Mr. Gonzalez, and Mr. Doggett) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
To name the Department of Veterans Affairs medical center in Amarillo, 
Texas, as the ``Thomas E. Creek Department of Veterans Affairs Medical 
                               Center''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN 
              AMARILLO, TEXAS.

    The Department of Veterans Affairs medical center in Amarillo, 
Texas, shall after the date of the enactment of this Act be known and 
designated as the ``Thomas E. Creek Department of Veterans Affairs 
Medical Center''. Any reference to that medical center in any law, 
regulation, map, document, record, or other paper of the United States 
shall be considered to be a reference to the Thomas E. Creek Department 
of Veterans Affairs Medical Center.
                                 <all>
```
Exhibit (10)(n)(1)

ALLTEL CORPORATION

 

Resolutionsof the Board of Directors

January25, 2001

 

 

RE:Amendment to ALLTEL Corporation Supplemental

MedicalExpense Reimbursement Plan               

 

 

**WHEREAS,** ALLTEL Corporation("ALLTEL") maintains the ALLTEL Corporation Supplemental MedicalExpense Reimbursement Plan, as amended and restated effective as of January 1,1991 (the "Plan"); and

**WHEREAS,** the Board of Directors deems itadvisable to amend the Plan in the manner set forth in these resolutions;

**NOW, THEREFORE, BE IT RESOLVED,** that the thirdand fourth paragraphs of Article II of the Plan are deleted and replaced withthe following:

> 
Coverage in the Plan will cease at the end of the    calendar month in which the date of termination of employment with the    Company occurs, except as provided in the immediately following two    paragraphs or as provided under COBRA continuation requirements.

With respect to former employees covered under    the Plan who attained disabled or retired status with the Company prior to    January 26, 2001, coverage in the Plan will cease at the end of the calendar    month in which death occurs, except as provided in the immediately following    paragraph or as provided under COBRA continuation requirements.

With respect to former employees covered under    SMRP who retired from service with the Company or died before January 1,    1987, participation by such retired employees, their spouses and other    dependents, or surviving spouses and their dependents, in the Plan shall    continue on a non-contributory basis for the remainder of the retired    employee's lifetime and until the earlier of the spouse's death or until the    spouse remarries.

**RESOLVED FURTHER,** that the officers of ALLTELbe, and each of them hereby is, authorized and directed, for and on behalf ofALLTEL, to do any and all things necessary or appropriate to carry out theforegoing amendment.
11434.

#### LOYD *v.*THE STATE.

Decided June 15, 1920.

Where application for bail was made pending a motion for a new trial by one convicted of rape under a verdict which recommended him to the mercy of the court, it was within the sound discretion of the presiding judge whether the application should be granted; and this court cannot say as a matter of law that his refusal to grant it was an abuse of discretion.

Application for bail; from Bleckley superior court — Judge Graham. March 8, 1920.

*John R. Cooper, C. A. Weddington,*for plaintiff in error.

Bloodworth, J.

Defendant was indicted and tried for rape. The jury found him guilty and recommended him to mercy. Pending a motion for a new trial he made application for bail, and, in his brief, he insists that “ the Georgia legislature has made it mandatory upon the trial judges to grant bail after a motion for new trial has been filed;” relying on the act of 1916 (Ga. L. 1916, p. 157). In *Crumley*v. *Gibbs,*149 *Ga.*119 (99 S. E. 297), the Supreme Court construed this act, and said: “It was not intended to take away the discretion of the trial judge in the matter of granting bail.” Hnder this ruling it was within the sound discretion of the trial judge to refuse bail in this case, and this court cannot say as a matter of law that he abused his discretion. See also *Barnes*v. *State,*24 *Ga. App.*373 (2).

*Judgment affirmed.*

*Broyles, C, J., and Luke, J., concur.*
Kenneth Kuntz

U.S. Fire Administration

U.S. Department of Homeland Secu

Ken.kuntz@fema.gov

National Construction Safety Team Inve

National Construction Safety Team Inve

The Station Nightclub Fi

The Station Nightclub Fi

Emergency Response Emergency Response

Federal Advisory Committee

June 23, 2004
Magnitude of life loss & injury Magnitude of life loss & injury

100 fatalities:

96 on site4 subsequent to hospitalization 

Estimated 230 casualties (186 of whom were tr

responder agencies)

In U.S. history:



4th deadliest ‘nightclub’ fire 



9th deadliest ‘place of public assembly’ fi
West Warwick Fire Department West Warwick Fire Department

Provides primary fire suppression, rescue & EMS to 

just under 30,000 in a service area of approx. 8 s

Operating out of 4 Stations with a total of: 

 4 engines,  1 ladder truck,  1 special hazards / light unit & 2 rescue ambulances

Staffed by 13 career officers & firefighters per shift* 
Type & Scope of the Incident Type & Scope of the Incident

Type: Occupied commercial public assembly fireScope: Mass Casualties / Mass Fatalities IncidentWWFD “all hands” response w/ callback of off duty pRI multi-regional, multi-State Fire-EMS-Police MutuaActivated:

 The Southern New England Fire Emergency 

MCI component

 The Rhode Island Mass Casualty Disaster Pl
Type & Scope of Incident (cont.) Type & Scope of Incident (cont.)

583 Fire, EMS & Police responders 57 + Public & 6 Commercial Amb. Co.s (BLS-A2 Bus Services provided transportation & sh

RI State Fire Marshal’s OfficeRI State Medical Examiner’s Office
Incident progression Incident progression

2/2/0311:07 pm Ignition of stage area wall cover11:10 pm WWFD dispatched to the scene11:14 pm WWFD Eng.4 on scene advising 

on arrival

11:16 pm WWFD Eng.4 “booster tank” init11:22 pm WWFD Chief responding, orders 

implementation of MCI plan

11:24 pm WWFD Eng. 4 receives water su

"Master Stream" operations
Incident progression (cont.) Incident progression (cont.)

2/21/03

(Rescue & Fire suppression effo

12:15 am Partial collapse of poolroom area

? am Fire extinguished, recovery oper

01:05 am All casualties transported from th4:00 am Chiefs meet to plan demobilizati6:00 am Crane arrives to assist body recoNoon Last body recovered11:15 pm All units returned to quarters, inc

secured, fire investigation ongo
Incident assessment sources

• Information independently acquired by the NCST 

agencies & officials (e.g., A/V tapes, dispatch logs

• Information detailed in DHS/ODP’s after-action rep

various participant interviews, news accounts, exis

Actions remaining to be taken:• Complete “critical events” & “key actions” timeline• Identify missing information and resolve inconsiste• Coordinate information with State / Local officials a

Concluding remarks Concluding remarks
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                           <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1996
<PERIOD-START>                  JAN-01-1996
<PERIOD-END>                    SEP-30-1996
<CASH>                          790645
<SECURITIES>                    0
<RECEIVABLES>                   195591
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                986236
<PP&E>                          0
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  986236
<CURRENT-LIABILITIES>           38983
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        947252
<OTHER-SE>                      0
<TOTAL-LIABILITY-AND-EQUITY>    986236
<SALES>                         0
<TOTAL-REVENUES>                50844
<CGS>                           0
<TOTAL-COSTS>                   32838   
<OTHER-EXPENSES>                0
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 18006
<INCOME-TAX>                    0
<INCOME-CONTINUING>             0
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    18006
<EPS-PRIMARY>                   2.53
<EPS-DILUTED>                   0
        


</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 20, 2007 Clifford W. Taylor,

 Chief Justice 

134850 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134850 

 COA: 268084 

Jackson CC: 05-007065-FH 

ANTWAIN DEANJELO PRINCE, a/k/a 

ANTUAN DEANJELO PRINCE, a/k/a 

ANTUAIN DEANGELO PRINCE,

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 26, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

l1213 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 20, 2007 

 Clerk
[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Page 73079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28714]



[[Page 73079]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0987]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Generic Clearance for the Collection of Qualitative 
Data on Tobacco Products and Communications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a 
document entitled ``Agency Information Collection Activities; Proposed 
Collection; Comment Request; Generic Clearance for the Collection of 
Qualitative Data on Tobacco Products and Communications'' that appeared 
in the Federal Register of August 1, 2014. The document announced the 
generic clearance for the collection of qualitative data on tobacco 
products and communications. The document was published with the 
incorrect docket number. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, <a href="/cdn-cgi/l/email-protection#d181839082a5b0b7b791b7b5b0ffb9b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="78282a392b0c191e1e381e1c195610100b561f170e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2014-18195, appearing on page 
44779 in the Federal Register of August 1, 2014 (79 FR 44779), FDA is 
making the following correction:
    1. On page 44779, in the second column, in the Docket No. heading, 
``FDA-2014-N-0005'' is corrected to read ``FDA-2014-N-0987.''

    Dated: December 3, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-28714 Filed 12-8-14; 8:45 am]
BILLING CODE 4164-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit (10)(l)(3)**

** **

AMENDMENT NO. 2

TO

ALLTEL CORPORATION PROFIT-SHARING PLAN

(January 1, 2002 Restatement)

 

 

WHEREAS, ALLTEL Corporation (the “Company”) maintains theALLTEL Corporation Profit-Sharing Plan, as amended and restated effectiveJanuary 1, 2002 (the “Plan”); and

 

WHEREAS, the Company desires further to amend the Plan;

 

NOW THEREFORE, BE IT RESOLVED, that the Company hereby amendsthe Plan in the respect hereinafter set forth:

 

Effective as of March 22, 2003, a new Article XXIV is addedto the Plan to provide as follows:

** **

**ARTICLE XXIV**

**SPECIAL PROVISIONS INCONNECTION WITH FIDELITYNATIONAL FINANCIAL, INC. TRANSACTION**

 

24.01                                   Vesting and Distribution

 

Notwithstanding any other provision of thePlan to the contrary, a Participant who is employed by a Transferred BusinessCompany within the meaning of the Stock Purchase Agreement by and betweenALLTEL Corporation and Fidelity National Financial, Inc. dated as of January28, 2003 (the “SP Agreement”) as of the Closing Date within the meaning of theSP Agreement, who is a Continuing Business Employee within the meaning of theSP Agreement, and who is no longer employed by any member of the ControlledGroup immediately following the Closing within the meaning of the SP Agreementshall have a fully vested and nonforfeitable interest in his Separate Accountas of the Closing Date within the meaning of the SP Agreement and shall beentitled to receive distribution of his Separate Account as soon as reasonablypracticable following the Closing Date within the meaning of the SP Agreementor the date his application for distribution is filed with the PlanAdministrator, if later, in accordance with the provisions of Article XV.

 

24.02                                   Compensation

 

Notwithstanding the provisions of Section1.07, the Compensation of any Employee who immediately prior to the firstpayroll period beginning after March 22, 2003 is then

 

----

 

indicated on Section 6.2(a) of theDisclosure Schedule to the Stock Purchase Agreement by and between ALLTELCorporation and Fidelity National Financial, Inc. dated as of January 28, 2003shall not include or take into account any amounts (that would otherwise beCompensation) for payroll periods beginning after March 22, 2003.

 

IN WITNESS WHEREOF, the Company, by its duly authorizedofficer, has caused this Amendment to be executed on this 14th day of March,2003, to be effective as provided herein.

 
|   | ALLTEL CORPORATION |
|--------|--------------------|
|   |               |
|   |               |
|   | By:                | /s/ Scott T. Ford |
|   |               | Title: | President & CEO |

 

----
SECOND AMENDMENT TO



Exhibit 10.4



THIRD AMENDMENT TO

EXECUTIVE EMPLOYMENT AGREEMENT



THIRD AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT, dated as of December 13, 2005, between Chesapeake Corporation, a Virginia corporation (the "Company"), and Andrew J. Kohut (the "Executive").


WHEREAS, the Company and the Executive entered into an amended and restated Executive Employment Agreement (the "Agreement") dated April 22, 2003, amended on January 3, 2005 and August 12, 2005; and


WHEREAS, pursuant to the Agreement, the Agreement may be amended by mutual consent of the Company and the Executive; and


WHEREAS, the Company and the Executive desire to amend the Agreement;


NOW THEREFORE, the Agreement is hereby amended in the following respects:


Section 2 is amended to read as follows:

2.Employment Duties.  The Company agrees to employ the executive throughout the Term as President & Chief Executive Officer, with a job description, responsibilities and duties commensurate with such position, or a position of substantially similar or greater responsibilities.  






Except as provided above, the terms of the Agreement, dated April 22, 2003, and amended January 3, 2005 and August 12, 2005 shall remain in effect.


IN WITNESS WHEREOF, the Company has caused this Third Amendment to Executive Employment Agreement to be duly executed on its behalf and the Executive has duly executed this Third Amendment to Executive Employment Agreement, all as of the date first above written.


	
EXECUTIVE
	 	
CHESAPEAKE CORPORATION

	 	 	 
	 	 	 
	
/s/  Andrew J. Kohut
	 	
/s/  J. P. Causey, Jr.

	
Andrew J. Kohut
	 	
J. P. Causey, Jr.

	 	 	
Executive Vice President,

	 	 	
Secretary & General Counsel