alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anderson *v.*Winston and others.

*(Circuit Court, D. Minnesota.*

June Term, 1887.)

*1.*Master and Servant—Liability of Master—Servant’s Knowledge of Danger—Orders of Foreman.

Plaintiff, one of a gang of workmen employed by contractors, while excavating a tunnel, was injured by an earth slide produced by a crack in the soil from blasting, and sued his employers for damages. *HeM,*denying his motion for a new trial, that, as the danger was apparent to plaintiff personally, he could not recover, though the foreman of the gang, also knowing the danger, ordered plaintiff to work, without notifying him thereof.

2. Same—Fellow-Servant—Foreman of Gang.

The foreman of a gang of laborers, employed by a contractor, is a fellow-servant of one of the gang.

At Law.

*Henry Johns*and *H. S. Williams,*for plaintiff. •

. ■ *Kitchel, Cohen & Shaw,*for defendants.

Nelson, J.

In this case a motion for a new trial is made by plaintiff. Defendants were contractors excavating a tunnel through a hill in the northern part of the city of St. Paul, in this district. It was a face cut. One side of the hill was a little higher than the other, where the excavation- was made. It appeared from the testimony that the contractor worked night and day gangs. The plaintiff was an employe in the night gang, under a foreman, and brings this suit to recover damages from a personal injury suffered, as charged from the negligence of the defendants. This cut was through a hill which was about 30 feet in height. It was worked by having a platform raised some 15 feet, so that the men could work upon the platform, and also under it, in making the excavation. The sides of the cut were sloped, and the evidence shows the usual slope was given to them. In this face cut, when the day gang went off, the night gang came on, and it was while the night gang were at work that the injury occurred. Blasts had been made on account of the character of the soil. A crack was formed, shortly after a blast, in the afternoon of the day before the accident, and some time during the morning there was a slide of earth, and plaintiff was injured. It is claimed that the foreman of the gang saw the crack, and did not inform the men of the fact that it was a dangerous place, and plaintiff was ordered to go to work there. The evidence of all the parties, with the exception of one who testified in regard ‘to the character of the excavation, goes directly to the point that the foreman saw the crack, and that they also saw it. Anderson testifies that he did not see it, but it is obvious that, if there was any danger, it was as apparent to Anderson as to any one else. There is another reason why the plaintiff cannot recover in this case, and that is, the foreman, i'f he was at fault, was a co-servant with Anderson. An effort is made by the plaintiff to bring this case within the decision of the United States supreme court in *Railway Co.*
      *529v. *Ross,*112 U. S. 377, 5 Sup. Ct. Rep. 184. No such case is preT sented.

The motion for a new trial is denied.
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Maple Mountain Explorations Inc. (the
"Company") on Form 10-QSB for the period ending October 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Marvin Wosk, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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 result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
18th day of December, 2007.


/s/ Marvin Wosk
------------------------------
Chief Financial Officer
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 1 of 7 PageID: 53
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 2 of 7 PageID: 54
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 3 of 7 PageID: 55
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 4 of 7 PageID: 56
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 5 of 7 PageID: 57
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 6 of 7 PageID: 58
Case 2:11-cv-00623-KSH -PS Document 20 Filed 12/01/11 Page 7 of 7 PageID: 59
## U NITED 

## S TATES 

## A IR 

## F ORCE 

## C OURT OF 

## C RIMINAL 

## A PPEALS



### UNITED STATES ) No. ACM 40190

Appellee ) )

v. ) ) ORDER

Alexander J. DIXSON )

Airman First Class (E

- 3 ) )

U.S. Air Force )

Appellant ) Panel 1

On 26 July 2022 , Appellant submitted a Motion to Withdraw from Appellate Review and Motion to Attach

. Specifically , A ppellant moved to attach a DD Form 2330, Waiver/Withdrawal of Appellate Rights in General and Special

Courts

- Martial Subject to Review by a Court of Criminal Appeals , signed by
Appellant and Appellant’s counsel on 18 July 2022.

T he Government did not file opposition to the motions.

According ly

, it is by the court on this 2 9th day of July

, 202 2

,

ORDERED:

Appellant’s Motion to Withdraw from Appellate Review and Motion to Attach are GRANTED

. Appellant’s case is forwarded to the Appellate Records Branch, JAJM, for
further processing in accordance with R ules for Courts

- Martial 1115(f)(3) and

1201

, Manual for Courts

- Martial, United States (2019 ed.)

.

FOR THE COURT

ANTHONY F. ROCK, Maj, USAF Deputy Clerk of the Court
<PAGE>

                                                                   EXHIBIT 10.29

                                DAVOX CORPORATION

                      VICE PRESIDENT, PROFESSIONAL SERVICES

                               SEVERANCE AGREEMENT

DAVOX Corporation ("DAVOX") will provide to you the following terms and
condition of salary and benefits continuation:

    (1.)  DAVOX shall provide a continuation of your base salary and medical
          benefits at DAVOX's cost, as may be in effect at the time of a
          qualifying termination as set forth in subclause 2, commencing upon
          the date of termination, for a period of six (6) months or until such
          time as you assume new employment, whichever comes first;

    (2.)  DAVOX shall provide continuation of base salary and benefits as set
          forth in subclause (1) in the event your employment is terminated for
          the following reasons: (a) economic layoff; (b) downsizing of the
          Professional Services organization which results in the elimination of
          your position as Vice President, Professional Services; or (c)
          reorganization of the Professional Services organization which would
          require you to relocate.

Following the effective date of termination, as set forth in writing and
furnished to you by DAVOX, your employment with DAVOX shall cease and you shall
not hold yourself as an employee, agent, or representative of DAVOX.

Continuation of base salary and benefits shall further be subject to your
compliance with any then existing company policies and such other terms as may
be in effect between you and DAVOX pertaining to the disclosure of confidential
or proprietary information.

DAVOX has final authority to determine all questions of eligibility to receive
benefits under this arrangement and to interpret and construe the terms of this
arrangement.

Approval:


              /s/ James D. Foy                                      2/21/02
              --------------------------------------                -------
              President & Chief Executive Officer                   Date

              /s/ Kristina Lengyel                                  2/21/02
              --------------------------------------                -------
              Vice President, Professional Services                 Date
**EXHIBIT 23**

 

OWENS-ILLINOIS, INC.

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

Weconsent to the incorporation by reference in the Registration Statement (Form S-3No. 333-47519), in the Registration Statement (Form S-3 No. 333-109602)and in the related Prospectus of Owens-Illinois, Inc., in the RegistrationStatement (Form S-8 No. 333-69624) pertaining to the Amended andRestated Owens-Illinois, Inc. Stock Purchase and Savings Program, theAmended and Restated Owens-Illinois, Inc. Long-Term Savings Plan, and theOwens-Illinois de Puerto Rico Long-Term Savings Plan, in the RegistrationStatement (Form S-8 No. 033-44252) pertaining to the Amended andRestated Stock Option Plan for Key Employees of Owens-Illinois, Inc., inthe Registration Statement (Form S-8 No. 033-57141) pertaining to theStock Option Plan for Directors of Owens-Illinois, Inc., in theRegistration Statement (Form S-8 No. 333-47691) pertaining to theAmended and Restated 1997 Equity Participation Plan of Owens-Illinois, Inc.,in the Registration Statement (Form S-3 No. 333-99741) pertaining tothe Amended and Restated 1997 Equity Participation Plan of Owens-Illinois, Inc.,****in the Registration Statement (Form S-8 No. 333-142886)pertaining to the 2004 Equity IncentivePlan of Owens-Illinois, Inc. and in the Registration Statement (Form S-8 No. 333-133074)pertaining to the 2005 Incentive Award Plan of Owens-Illinois, Inc. of ourreports dated February 17, 2009 with respect to the consolidated financialstatements and schedule of Owens-Illinois, Inc., and the effectiveness ofinternal control over financial reporting of Owens-Illinois, Inc., and ourreports dated February 17, 2009 with respect to the consolidated financialstatements of Owens-Brockway Packaging, Inc. and Owens-Brockway GlassContainer Inc., all of which are included in this Annual Report (Form 10-K)for the year ended December 31, 2008.

 

 
|   | /s/ Ernst &  Young LLP |
|--------|---------------------------------|
|   |                            |
|   | Ernst & Young  LLP     |

 

 

Toledo, Ohio

February 17, 2009

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Office of Justice Programs

          - [OJP (NIJ) Docket No. 1497]

# AGENCY:

National Institute of Justice, Office of Justice Programs, DOJ.

# ACTION:

Notice of Proposed Vehicular Digital Multimedia Evidence Recording System Standard.

# SUMMARY:

                        In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public an initial draft standard entitled, “Vehicular Digital Multimedia Evidence Recording System Standard.” The opportunity to provide comments on this document is open to industry technical representatives; public safety agencies and organizations; forensic video analysts; research, development                               ( print page 31977)                            and scientific communities; and all other stakeholders and interested parties. We are especially requesting input related to environmental requirements of importance to end users.                    

                        Those individuals wishing to view or provide comments on the draft document are directed to the following Web site:                         *http://www.justnet.org.*                         These comments will be considered as the standard is further developed.                    

# DATES:

The comment period will be open for 30 days beginning on July 6, 2009 and concluding on August 4, 2009.

# FOR FURTHER INFORMATION CONTACT:

                        Casandra Robinson, by telephone at 202-305-2596 [Note: this is not a toll-free telephone number], or by e-mail at                         *casandra.robinson@usdoj.gov.*

Dated: June 30, 2009.

Kristina Rose,

Acting Director, National Institute of Justice.

[FR Doc. E9-15858 Filed 7-2-09; 8:45 am]

BILLING CODE 4410-18-P
Exhibit 10.16  Final
 ADDENDUM CHANGE OF CONTROL TO EMPLOYMENT AGREEMENT
 Addendum Company Employee
  Original Agreement Existing
Addendum
  Board
  Change of Control Payments.
 Change of Control
 Person Exchange Act Outstanding Company Common Stock Outstanding Company Voting Securities provided however
 Incumbent Board




---



##### 



provided however provided
 Business
Combination
  provided however with
the understanding
 -2-




---



##### 



Change of Control Bonus
Amount
 Covered Change of Control Event th Good Reason
 Certain Additional Payments by the Company.
 Payment Code Excise Tax Gross-Up-Payment provided however
 -3-




---



##### 



Accounting
Firm Underpayment
 provided however
 -4-




---



##### 



provided however further provided
    Amendments, waivers, etc.
  -5-




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##### 



Assignment.
  Integration; counterparts.
   Attest:
    
    
    
    CALGON CARBON CORPORATION/s/ Gail A. Gerono
    
    
    
    By:
    
    /s/ John S. StanikTitle:
    
    President & CEOWitness:/s/ Reinier Keijzer
    
    
    
    By:
    
    /s/ C.H.S. MajoorReinier Keijzer
    
    
    
    
    
    C.H.S. Majoor
 -6-
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, Charles C. Ward, Chief Financial Officer and Treasurer of Constellation Energy Partners LLC, certify pursuant to
18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that to my knowledge:

(i) The
accompanying Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii) The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of
Constellation Energy Partners LLC.



|                                     
|-------------------------------------
|/s/ Charles C. Ward                  
|Charles C. Ward                      
|Chief Financial Officer and Treasurer

Date: August 8, 2008
<PAGE>




                                                                     EXHIBIT 4.3

                   Agreement to Furnish Copies of Instruments
                         With Respect to Long Term Debt

         The Company has entered into certain agreements with respect to
long-term indebtedness which do not exceed ten percent of the total assets of
the Company and its subsidiaries on a consolidated basis. The Company hereby
agrees to furnish a copy of such agreements to the Commission upon request of
the Commission.

                                         OAKWOOD HOMES CORPORATION



                                         By:   /s/ Suzanne H. Wood
                                            -----------------------------------
                                              Suzanne H. Wood
                                              Executive Vice President and
                                              Chief Financial Officer
[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16302]


=======================================================================
-----------------------------------------------------------------------

THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


Federal Council on the Arts and the Humanities Arts and Artifacts 
Domestic Indemnity Panel Advisory Committee

AGENCY: The National Endowment for the Humanities.

ACTION: Notice of meeting.

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

    Pursuant to the provisions of the Federal Advisory Committee Act 
(Pub. L. 92-463 as amended), notice is hereby given that a meeting of 
the Arts and Artifacts Domestic Indemnity Panel of the Federal Council 
on the Arts and the Humanities will be held at 1100 Pennsylvania 
Avenue, NW., Washington, DC 20506, in Room 714, from 9:30 a.m. to 5 
p.m., on Monday, July 27, 2009.
    The purpose of the meeting is to review applications for 
Certificates of Indemnity submitted to the Federal Council on the Arts 
and the Humanities for exhibitions beginning after October 1, 2009.
    Because the proposed meeting will consider financial and commercial 
data and because it is important to keep values of objects, methods of 
transportation and security measures confidential, pursuant to the 
authority granted me by the Chairman's Delegation of Authority to Close 
Advisory Committee Meetings, dated July 19, 1993, I have determined 
that the meeting would fall within exemption (4) of 5 U.S.C. 552(b) and 
that it is essential to close the meeting to protect the free exchange 
of views and to avoid interference with the operations of the 
Committee.
    It is suggested that those desiring more specific information 
contact the Advisory Committee Management Officer, Michael P. McDonald, 
1100 Pennsylvania Avenue, NW., Washington, DC 20506, or call 202/606-
8322.

Michael P. McDonald,
Advisory Committee Management Officer.
[FR Doc. E9-16302 Filed 7-9-09; 8:45 am]
BILLING CODE 7536-01-P
ATTORNEYS AT LAW 

125 BROAD STREET, 39TH FLOOR NEW YORK, NY 10004-2400 

SedgwickLLP 

April19, 2012 

Via ECF and Regular Mail 

Honorable FaithS. Hochberg, U.S.D.J. 

United States District Court 

District of New Jersey 

Martin Luther King, Jr. Federal Building & 

U.S. Courthouse 

50 Walnut Street 

Newark, NJ 07101 

Re: James Wright v. Hariford Financial Services Group, eta/. 

Civil Action No.: 2:11-CV-00602-SRC-MAS 

SDMA File No.: 02489-000119 

Dear Judge Hochberg: 

www.sedgwicklaw.com 212.422.0202 phone 212.422.0925 fax 

Daniel Meier 

(212) 898-4016 

daniel.meier@sdma.com 

This office represents the Defendant Hartford Life and Accident Insurance Company ("Hartford'') 

in the above-referenced matter. We are writing to inform the Court that pursuant to Your Honor's Order 

dated April 12, 2012, (Doc. No. 66), we will be submitting a Supplemental Reply Rule 56.1 Statement of 

Material Facts based on Plaintiff James Wright's ("Wright") "Response to Defendant's Statement of 

Material Facts Pursuant toR. 56.1," which was flled on April17, 2012. (Doc. No. 69). Your Honor's Order 

did not set a deadline by which Hartford should flle its Supplemental Reply and thus, we respectfully request 

that the Court allow Hartford two weeks from today's date to respond to the Plaintiff's responsive 

statement of material facts. 

Thank you for your consideration of this matter. 

Respectfully submitted, 

s/ 

Daniel Meier 

Sedgwick LLP 

cc: Attorney of Record for the Plaintiff (via ECF) 

NY/852966vl 

Case 2:11-cv-00602-FSH-MAH Document 71 Filed 04/20/12 Page 1 of 1 PageID: 2010
Exhibit 10.4
 SXC HEALTH SOLUTIONS CORP.
RESTRICTED STOCK UNIT AWARD AGREEMENT
 
 Award Subject to Acceptance of Agreement
 Restriction Period and Vesting
     (i)
    
    require that shares of stock of the corporation resulting from such Change in
Control, or a parent corporation thereof, be substituted for some or all of the
Shares (as defined in Section 3) issuable pursuant to the Award, as determined by
the Board of Directors; and/or




---



##### 



(ii)
    
    require the Award, in whole or in part, to be surrendered to the Company by the
Director and to be immediately cancelled by the Company, and provide for the Director
to receive a cash payment in an amount not less than the amount determined by
multiplying the number of restricted stock units subject to the Award immediately prior
to such cancellation (but after giving effect to any adjustment pursuant to Section
12.4 of the Plan in respect of any transaction that gives rise to such Change in
Control) by the highest per share price offered to holders of shares of the Companys
common stock, no par value per share (the Common Stock), in any transaction whereby
the Change in Control takes place.
  Conversion of Restricted Stock Units and Issuance of Shares
 No Rights as a Shareholder; Dividend Equivalents
 Termination of Award
 Additional Terms and Conditions of Award
 Nontransferability of Award
  2




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##### 



Withholding Taxes
 Compliance with Applicable Law
 Delivery of Certificates
 Award Confers No Rights to Continued Service
 Decisions of Board or Committee
 Company to Reserve Shares
  3




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##### 



Agreement Subject to the Plan; Section 409A of the Code
 Miscellaneous Provisions
 Meaning of Certain Terms
 Successors
 Notices
 Governing Law
 Reports Filed with the Securities and Exchange Commission
  4




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##### 



Counterparts
 SXC HEALTH SOLUTIONS CORP.By:
 Accepted this  day of, 200_Director
  5




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provided however provided further
 provided however provided further
  6




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7




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BENEFICIARY DESIGNATION FORM
   Primary Beneficiary(ies):Secondary Beneficiary(ies):
  Name of Director
    
    Directors Signature(Please Print)Date
  8