alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF THE CITY OF NORFOLK

#### Cynthia E. McDougal v. Robert Critell and Luther’s Bar-B-Que, Inc., of Texas

January 8, 1985

Case No. (Law) L-84-2025

By JUDGE JOHN W. WINSTON

Luther’s Bar-B-Que, Inc., of Texas, has demurred to Mrs. McDougal’s amended Motion for Judgment on the ground that as pled her exclusive remedy is under the Virginia Workmen’s Compensation Act, Virginia Code § 65.1-1 et seq. This court agrees.

She seeks damages from Luther’s alleging that while both Robert Critell and herself were employees of Luther’s and while they were both in the performance of their employment duties he intentionally and negligently assaulted and battered her, his acts being willful, wanton, and vindictive and without her encouragement or inducement. She alleges also that Critell intentionally and maliciously telephoned her at home, over her protests and objections. All of these incidents are alleged to have occurred while he was acting within the scope of his employment by Luther’s and to its knowledge. Finally, there is a separate allegation that Luther’s is liable to her because it negligently hired and then retained Critell as its manager and employee.

Counsel for Mrs. McDougal argues that the workmen’s compensation statute is not a bar to her suit for damages because Critell’s acts were intentional rather than accidental and because her injuries did not arise out of her employment.

But the Supreme Court of Virginia has already ruled that the exclusive workmen’s compensation remedy covers *182intentional injuries to an employee which arise out of and in the course of the employment. *Farmers Mfg. Co.*v. *Warfel,*144 Va. 98 (1926); *Fox*v. *Bach,*156 Va. 609 (1931); *Lynchburg Steam Bakery, Inc.*v. *Garrett,*161 Va. 517 (1933); *Continental Life Co.*v. *Gough,*161 Va. 755 (1934); *A. N. Campbell & Co.*v. *Messenger,*171 Va. 374 (1938); also see *Clayton*v. *City of Newport News*(Opinions of Industrial Commission of Virginia, 1982, vol. 61, page 112).

Here each of the allegations made in her pleading by Mrs. McDougal specifically place the intentional acts of Critell within the scope of their employment. Further, a reading of those allegations can lead only to the legal conclusion that his acts also arose out of the employment.

That Luther’s allegedly knew of the hazard caused Mrs. McDougal by the hiring and retention of Critell does not destroy the causal connection between the employment and the injury. *Lynchburg Steam Bakery*v. *Garrett,*161 Va. 517, 523 (1933).

[I] sustain Luther’s demurrer without leave to amend.

(Since July 1, 1982, the statute has deemed a rape of or forcible sodomy upon an employee to be compensable. Virginia Code § 65.1-23.1. But that amendment does not alter the interpretation of what is covered, only simplifies the proof in the rape/forcible sodomy factual situation and reverses a 1981 O.I.C. decision.)
----

|   | 1. | I have reviewed this Amendment No.  1 to quarterly report on Form 10-Q of Aware, Inc.; |
|--------|----|---------------------------------------------------------------------------------------------|

|   | 2. | Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  August 2, 2012 |   | /s/ Richard P. Moberg                                                |   |
|---------------------------------|--------|----------------------------------------------------------------------|--------|
|                            |   | Richard P. Moberg                                                    |   |
|                            |   | co-Chief Executive Officer & co-PresidentChief Financial Officer |   |
**Exhibit 13(a)**
**906 CERTIFICATION**
The certification set forth below is being submitted in connection with the Annual Report onForm 20-F for the year ended December 31, 2004 (the “Report”) for the purpose of complying withRule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) andSection 1350 of Chapter 63 of Title 18 of the United States Code.
Andrew Cosslett, the Chief Executive Officer and Richard Solomons, the Finance Director ofInterContinental Hotels Group PLC, each certifies that, to the best of his knowledge:
 1. the Report fully complies with the requirements of Section 13(a)or 15(d) of the Exchange Act; and  2. the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results ofoperations of InterContinental Hotels Group PLC.
Date: May 3, 2005                                       /s/ Andrew Cosslett   Name:  Andrew Cosslett   Title:  Chief Executive Officer                                     /s/ Richard Solomons   Name:  Richard Solomons   Title:  Finance Director
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

P.G., FATHER OF J.T. AND M.T.,

CHILDREN,

Appellant, 

v.

Case No. 5D22-707 

LT Case No. 2019-DP-000234-A-X

DEPARTMENT OF CHILDREN 

AND FAMILIES, 

Appellee. 

________________________________/ 

Decision filed June 28, 2022

Appeal from the Circuit Court

for Marion County, 

Stacy M. Youmans, Judge.

Shannon L. Reynolds, of Shannon L. 

Reynolds, P.A., Ocala, for Appellant. 

Rachel Batten, of Children’s Legal

Services, Brooksville, for Appellee. 

Sara Elizabeth Goldfarb, Statewide 

Director of Appeals, and Amanda 

Victoria Glass, Senior Attorney, of 

Statewide Guardian ad Litem Office, 

Tallahassee, for Statewide Guardian 

ad Litem. 

PER CURIAM.

AFFIRMED.

COHEN, WALLIS and HARRIS, JJ., concur.
EXHIBIT 23




The Board of Directors
CFSB Bancorp, Inc.


We consent to incorporation by reference in the registration (Nos.  33-37440 and
33078164) on Form S-8s of CFSB  Bancorp,  Inc. of our report  dated  January 21,
1997,  relating to the  consolidated  statements of financial  condition of CFSB
Bancorp,  Inc. and subsidiary as of December 31, 1996, and 1995, and the related
consolidated statements of operations,  stockholders' equity, and cash flows for
each of the years in the three-year period ended December 31, 1996, which report
appears in the December 31, 1996,  annual  report on Form 10-K of CFSB  Bancorp,
Inc.



/s/ KPMG Peat Marwick LLP




Lansing, Michigan
March 18, 1997
Description of Executive Officer cash compensation for 2011



 Exhibit 10.5 
 Hub Group, Inc. 
 Description of Executive Officer Cash Compensation

 For 2011 

Annual Cash Compensation 
 Base
Salary 
 Set forth below are the 2011 base salaries of the Chief Executive Officer and each of the four most highly
compensated executive officers in 2010. The Company considers various factors in assigning executive officers to specific salary ranges, including job content, level of responsibility, accountability, and the competitive compensation market. On an
annual basis, all executive officers’ salaries are reviewed and adjusted to reflect individual performance and position within their respective ranges. 
 Bonus Plan 
 Executive officers are eligible for annual performance-based
awards under the Company’s bonus plan, as are all salaried employees. For 2010, goals were weighted upon achievement of targeted levels of earnings per share and, for some executives, upon achievement of personal goals. The goals for 2011 will
also be similarly weighted. 
 Restricted Stock 
 The Company makes periodic grants of restricted stock to executive officers. The grants of restricted stock made in early 2011 vest in equal installments over a five year period beginning a year from the
grant date. 
  
  
 David P. Yeager 
 Chairman and Chief Executive Officer 

 

					
	 	  	Base	 
	 2011
	  	$	625,000	  

 Mark A. Yeager 

Vice Chairman, President and Chief Operating Officer 
  

					
	 	  	Base	 
	 2011
	  	$	500,000	  

 Terri A. Pizzuto 

Executive Vice President, Chief Financial Officer and Treasurer 
  

					
	 	  	Base	 
	 2011
	  	$	335,000	  

 Christopher R. Kravas

 Chief Intermodal Officer 
  

					
	 	  	Base	 
	 2011
	  	$	325,000	  

 David L. Marsh 

Chief Marketing Officer 
  

					
	 	  	Base	 
	 2011
	  	$	325,000
I 

112TH CONGRESS 

1ST SESSION H. R. 309 

To provide compensation for certain World War II veterans who survived 

the Bataan Death March and were held as prisoners of war by the Japanese. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2011 

Mr. MICA introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To provide compensation for certain World War II veterans 

who survived the Bataan Death March and were held 

as prisoners of war by the Japanese. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Samuel B. Moody Ba5 taan Death March Compensation Act’’. 

6 SEC. 2. PAYMENT TO WORLD WAR II VETERANS WHO SUR7 VIVED BATAAN DEATH MARCH. 

8 (a) IN GENERAL.—The Secretary of the military de9 partment concerned shall pay, upon request, to an indiVerDate Mar 15 2010 03:07 Jan 19, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H309.IH H309

tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 309 IH

1 vidual described in subsection (b) the amount determined 

2 with respect to that individual under subsection (c). 

3 (b) COVERED INDIVIDUALS.—A payment under sub4 section (a) shall be made to any individual who as a mem5 ber of the Armed Forces during World War II— 

6 (1) was captured on the peninsula of Bataan or 

7 island of Corregidor in the territory of the Phil8 ippines by Japanese forces; and 

9 (2) participated in and survived the Bataan 

10 Death March. 

11 (c) AMOUNT TO BE PAID.—The amount of a pay12 ment under subsection (a) to an individual shall be $4 for 

13 each day during which the individual was held in captivity 

14 by Japanese forces during World War II, compounded an15 nually at a 3 percent annual rate of interest. 

16 (d) PAYMENT TO SURVIVORS.—In the case of an indi17 vidual described in subsection (b) who is deceased, pay18 ment under this section with respect to that individual 

19 shall be made to that individual’s nearest surviving rel20 ative, as determined by the Secretary concerned. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
**Exhibit 31.1**
**CERTIFICATION**
I, Robert W. Boykin, Chairman of the Board and Chief Executive Officer, certifythat:
1. I have reviewed this quarterly report on Form 10-Q of Boykin LodgingCompany; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
a. Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;
b. Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this reportbased on such evaluation; and c. Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):
a. All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and b. Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.
Date: November 5, 2004     By: /s/ Robert W.Boykin Robert W. Boykin Chairman of the Board and Chief Executive Officer
**Exhibit
      32.1**





Certification
      Pursuant to 18 U.S.C. Section 1350,


As
      Adopted Pursuant to Section 906 of the


Sarbanes
      - Oxley Act of 2002





In
      connection with the Annual Report of PLM Equipment Growth Fund V (the
“Partnership”), on Form 10-KSB for the year ended December 31, 2005 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      the undersigned, the President of the General Partner and of the Partnership,
      hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906
      of the Sarbanes-Oxley Act of 2002 that:





(1)  the
      Report of the Partnership filed today 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
      Partnership.














/s/ Paul
      M. Leand


Paul
      M.
      Leand


President
      of PLM
      Financial Services, Inc.


March
      29,
      2006
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

LAMONT J. DAVIS

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 19

- 1466

[ October 23, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Nineteenth Judicial Circuit, St. Lucie County ; Gary L. Sweet , Judge;

L.T. Case No. 562010CF000850A

.

Lamont J. Davis, Bonifay, pro se.

No appearance required for appellee.

P ER C URIAM

.

Lamont Davis appeals an order both den ying his petition for writ of habeas corpus and dismissing without prejudice his rule 3.850 motion for postconviction relief. We affirm the denial of the petition for writ of habeas corpus only. Because the dismissal of the rule 3.850 motion was without prejudice to refile a sufficient motion, it is not a final, appealable order.

See Russell v. State , 46 So. 3d 151, 151 (Fla. 2d DCA 2010).

Affirmed.

W ARNER
, T AYLO R and G ERBER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 24



                                POWER OF ATTORNEY

      KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears
below individually constitutes and appoints THOMAS D. BARRY, MICHAEL A. BRIZEL,
C.H.R. DUPREE, MICHAEL S. GELTZEILER and THOMAS O. RYDER, and each of them, the
person's true and lawful attorney-in-fact and agent, with full power of
substitution and resubstitution for such person and in such person's name, place
and stead, in any and all capacities, to sign the Annual Report on Form 10-K for
the year ended June 30, 2005 of The Reader's Digest Association, Inc., and any
and all amendments thereto, and to file the same with all exhibits thereto and
other documents in connection therewith, with the Securities and Exchange
Commission, granting unto said attorneys-in-fact and agents, and each of them,
full power and authority to fully and to all intents and purposes as such
person might or could do in person, hereby ratifying and confirming all that
said attorneys-in-fact and agents, and any of them, or their substitutes, may
lawfully do or cause to be done by virtue hereof.

          Signature                   Title              Date

    /s/ THOMAS O. RYDER        Chairman and Chief Executive     August 12, 2005
    Thomas O. Ryder            Officer and a Director

                               Senior Vice President and Chief  August 12, 2005
    Michael S. Geltzeiler      Financial Officer


                               Vice President and Corporate     August 12, 2005
    Thomas D. Barry            Controller (chief accounting
                               officer)

    /s/ JONATHAN B. BULKELEY   Director                         August 12, 2005
    Jonathan B. Bulkeley

    /s/ HERMAN CAIN            Director                         August 12, 2005
    Herman Cain

    /s/ LEE CAUDILL            Director                         August 12, 2005
    Lee Caudill

    /s/ WALTER ISAACSON        Director                         August 12, 2005
    Walter Isaacson

    /s/ WILLIAM E. MAYER       Director                         August 12, 2005
    William E. Mayer

    /s/ JAMES E. PRESTON       Director                         August 12, 2005
    James E. Preston

    /s/ JOHN T. REID           Director                         August 12, 2005
    John T. Reid

    /s/ LAWRENCE R. RICCIARDI  Director                         August 12, 2005
    Lawrence R. Ricciardi

    /s/ WILLIAM J. WHITE       Director                         August 12, 2005
    William J. White

    /s/ ED ZSCHAU              Director                         August 12, 2005
    Ed Zschau
076P-R000010586_0001 

Message 

From: 

Sent: 

To: 

Subject: 

Meadows, Mark R. EOP/WHO [mrmcos@who.eop.gov] 

11/10/2020 5:24:10 PM 

Thirdwave2 [thirdwave2@speakergingrich.com] 

Re: [EXTERNAL] Fwd: Only two options-please give to POTUS newt 

Thanks Speaker 

Sent from my iPhone 

On Nov 10, 2020, at 7:36 AM, Thirdwave2 <thirdwave2@speakergingrich.com> wrote: 

From Randy Evans explaining the two ways you win and the one way you could lose newt 

Sent from my iPad 

Begin forwarded message: 

From: randyevansfamily 

Date: November 10, 2020 at 6:16:43 AM EST 

To: Thirdwave2 <thirdwave2@speakergingrich.com>, "vince@vincehaley.com" 

<vince@vincehaley.com> 

Subject: Only two options 

Verified, audited results from properly counted, legal and timely ballots - Trump 

Wins 

Pelosi/ Schumer raw partisan political power rule - GOP legislatures elect to not 

send in electors from an unreliable and rigged system before all questionable 

conduct has been answered which means Biden does not receive 270 electoral 

votes, and consequently, the House voting by state delegations (26) elect the 

President - Trump wins. 

The only way Trump loses is rigged system (like the insurance policy of Russia 

collusion) and Republicans do not have the will to push back for the truth. This is 

coup 3.0 - Russian Collusion; Impeachment; and now Rigged Election.
IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 68801 FAISSAL L. AHMEAD, Appellant,

vs. CORPOLO AVENUE TRUST; TEAL PETALS STREET TRUST; RESOURCES GROUP, LLC; SOUTHERNHIGHLANDS HOA, A DOMESTIC NONPROFIT COOP CORPORATION; ALESSI & KOENIG, LLC, A DOMESTIC LIMITED LIABILITY COMPANY; AND IYAD HADDAD, AN INDIVIDUAL, Respondents. 

# FILED
FEB 2 4 2016

CLERK



### ORDER DISMISSING APPEAL On January 4, 2016, we granted appellant's counsel David Lee Phillips's motion for an extension of time to file the case appeal statement, docketing statement, and transcript request form. Our order directed Mr. Phillips to file these documents by January 6, 2016, or face sanctions, including the dismissal of this appea1. 1 

### See NRAP 3(a)(2); NEAP 9(a)(6); NRAP 14(c). To date, Mr. Phillips has not complied.

On February 4, 2016, respondents filed a motion to dismiss this appeal based on appellant's failure to file these documents in IA copy of this order is attached.

SUPREME COURT OF NEVADA
(0) 194Th e - aSq 8'1Saitta J. Pickering J.

compliance with this court's order and rules. Appellant has failed to oppose the motion. Accordingly, we grant the motion and we

ORDER this appeal DISMISSED. 2

tet, 

## 1 1- J. Hardesty 4 ,

cc: Hon. Douglas Smith, District Judge David Lee Phillips & Associates David Lee Phillips Fennemore Craig Jones Vargas/Las Vegas Alessi & Koenig, LLC Law Offices of Michael F. Bohn, Ltd. Eighth District Court Clerk

2 The other relief requested in respondents' motion filed on February 4, 2016, is denied as moot.

SUPREME COURT

OF NEVADA
(0) 1947A 

### e 2

# FILED JAN 0 4 2016

C.J. IN THE SUPREME COURT OF THE STATE OF NEVADA
FAISSAL L. AHMEAD, Appellant, vs. CORPOLO AVENUE TRUST; TEAL PETALS STREET TRUST; RESOURCES GROUP, LLC; SOUTHERNHIGHLANDS HOA, A DOMESTIC NONPROFIT COOP CORPORATION; ALESSI & KOENIG, LLC, A DOMESTIC LIMITED LIABILITY COMPANY; AND WAD HADDAD, AN INDIVIDUAL, Respondents. No. 68801



### ORDER GRANTING MOTION Cause appearing, appellant's motion for an extension of time is granted. NRAP 26(b)(1)(A). Appellant shall have until January 6, 2016, to file and serve the case appeal statement, docketing statement, and transcript request form.' 

### See NRAP 3(f); NRAP 9; NRAP 14. Failure to comply with this order may result in the imposition of sanctions, including dismissal of this appeal as abandoned. NRAP 9(a)(6); NRAP 14(c). It is so ORDERED.

'If no transcripts are to be requested, appellant shall file• a certificate to that effect within the same time period. NRAP 9(a)(1)(C).

Supnem Cowl* OF NEVADA (0) 1947A affliY ,

### cc: David Lee Phillips & Associates Fennemore Craig Jones Vargas/Las Vegas Alessi & Koenig, LLC Law Offices of Michael F. Bohn, Ltd.

SUPREME COURT OF NEVADA (0) 1947A ae 

### 2