alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Attorney General of Texas 

December 28, 1978 

Honorable Hal H. Hood 

Commissioner 

Firemen’s Pension Commission 

Sam Houston Building 

Austin, Texas 78701 

Opinion No. H-l 3 11 

Re: 

man 

vice. 

The time at which a fireterminates his active serDear Commissioner Hood: 

You have requested an opinion regarding the construction of the 

Firemen’s Relief Pension fund,statute, article 6243e, V.T.C.S. Section 25A 

provides that upon termination of “active service” the retiree is entitled to 

the benefits and allowances in effect at the’time of his termination. You 

have asked when the termination of active service occurs in a particular 

instance. 

In April, 1977, a fireman went on sick leave. He was retained on the 

payroll and continued to make contributions to the pension fund. In May of 

1978 he was granted a disability retirement pension retroactive to April, 1977. 

Thus, from April to May of the next year he was drawing the equivalent of his 

full salary while on sick leave and receiving pension benefits, albeit 

retroactively. This practice is permissible. Attorney General Opinion H-1241 

(1978); C-460 (1965). During this period the monthly pension benefits were 

increased. The question is whether he is entitled to those in effect in April, 

1977, or May, 1978. It is not asserted that the fireman continued in any active 

duty after April, 1977. 

Section 26 defines an active fireman as one who receives a salary as a 

fireman. However, we do not believe it follows that firemen who are drawing 

sick leave are on active service while drawing such compensation. We believe 

that the fireman’s election to have his disability benefits retroactive to April, 

1977, thereby determines his termination of active service. In Attorney 

General Opinion V-llO1 (1950) it was concluded that a disability absence over 

one year did not count towards the twenty years of active service required to 

retire. This opinion supports the proposition that disability leave, for some 

purposes, is not active service. In addition, section 7, on the subject of 

disability retirement, provides in part that 

P. 5162 
Honorable Hal H. Hood - Page 2 (R-1311) 

if and when such disability shall cease, such retirement or 

disability allowance shall be discontinued and such person shall 

be restored to active service at not less than the same salary 

he received at the time of his retirement for disability. 

Art. 6243e, S 7, V.T.C.S. (Emphasis added). We believe the implication of this 

section is that one cannot be considered on “active service” during the period of 

time for which he is drawing disability retirement benefits. 

SUMMARY 

For purposes of section 25A, article 6243e, V.T.C.S., a 

fireman’s termination of active service is that date on which 

his disability retirement benefits begin to run. 

Very truly yours, 

Attorney General of Texas 

- APPROVED: v 

DAVID M. KENDALL. First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jsn 

p. 5163
#### The People of the State of New York, Respondent, v Bernard Watson, Appellant.

[666 NYS2d 131]

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered May 31, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

Given defendant’s failure to raise below the specific grounds he now raises on appeal with respect to his claim that the People failed to adduce sufficient evidence of force, or the threatened use of force, to sustain his conviction for second degree robbery, defendant’s arguments have not been preserved for appellate review *(People v Gray,*86 NY2d 10), and we decline to review them in the interest of justice. Were we to consider them, we would find that the testimony at trial amply demonstrated the element of force when defendant and an*88other man approached the 15-year-old complainant and stood directly on either side of him, and defendant’s accomplice “snatched” the victim’s Walkman and handed it to defendant before they walked away (see, *People v Bennett,*219 AD2d 570, *lv denied*87 NY2d 844). Defendant’s use of force in retaining the property was also shown by evidence that he shoved the victim while he followed the men and repeatedly pleaded for the return of his property *(see, People v Read, 228*AD2d 304, *lv denied*88 NY2d 1071), and by defendant’s display of a gun while fleeing, in order to prevent further pursuit by the victim, notwithstanding defendant’s acquittal of robbery in the first degree *(see, People v Harrison,*238 AD2d 271, *lv denied*90 NY2d 894).

Defendant’s assertion that the court erred in refusing to give a missing witness charge with respect to the victim’s friend is unpreserved and unreviewable since defendant failed to make a record supporting this claim, which was made in an unrecorded bench conference, and failed to object to the absence of such a charge after the court instructed the jury. The existing record does not show that the alleged witness was knowledgeable about a material issue in the case and could provide noncumulative testimony *(People v Macana,*84 NY2d 173, 177). Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Page 48308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22492]


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

DEPARTMENT OF STATE

[Public Notice: 10167]


Notice of Determinations; Culturally Significant Objects Imported 
for Exhibition Determinations: ``Murillo: The Self-Portraits'' 
Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects to be included in the exhibition 
``Murillo: The Self-Portraits,'' imported from abroad for temporary 
exhibition within the United States, are of cultural significance. The 
objects are imported pursuant to loan agreements with the foreign 
owners or custodians. I also determine that the exhibition or display 
of the exhibit objects at The Frick Collection, New York, New York, 
from on or about November 1, 2017, until on or about February 4, 2018, 
and at possible additional exhibitions or venues yet to be determined, 
is in the national interest.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the imported objects, contact Elliot Chiu in the Office of the 
Legal Adviser, U.S. Department of State (telephone: 202-632-6471; 
email: <a href="/cdn-cgi/l/email-protection#fe8d9b9d8a979190cccacbc7be8d8a9f8a9bd0999188"><span class="__cf_email__" data-cfemail="2a594f495e434544181e1f136a595e4b5e4f044d455c">[email protected]</span></a>). The mailing address is U.S. Department 
of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the 
Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 
of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 
2000 (and, as appropriate, Delegation of Authority No. 257-1 of 
December 11, 2015). I have ordered that Public Notice of these 
determinations be published in the Federal Register.

 Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2017-22492 Filed 10-16-17; 8:45 am]
 BILLING CODE 4710-05-P


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_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 31, 2005 Clifford W. Taylor,

 Chief Justice 

128523 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: 128523 

 COA: 223539 

Wayne CC: 99-004118

OSCAR MONTES, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the February 28, 2005 

order 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. 

KELLY, J., would hold this case in abeyance for People v Drohan, lv gtd 472 Mich 

881 (2005). 

p1024 

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. 

October 31, 2005 

Clerk
#### The People of the State of New York, Respondent, v Alton Bostic, Appellant.

[666 NYS2d 866]

—Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from Judgment of Wayne County Court, Parenti, J.—Criminal Sale Controlled Substance, 3rd Degree.) Present—Green, J. P., Hayes, Lawton, Balio and Fallon, JJ.
<PAGE>
                                                                    EXHIBIT 99.1



                                 CERTIFICATION

        Pursuant to Section 906 of the Corporate Fraud Accountability Act of
2002 (18 U.S.C. Section 1350, as adopted), James M. McCluney, Chief Executive
Officer of Vixel Corporation (the "Company"), and Kurtis L. Adams, the Chief
Financial Officer of the Company, each hereby certify that, to the best of their
knowledge:

1. The Company's Quarterly Report on Form 10-Q for the period ended September
29, 2002, and to which this Certification is attached as Exhibit 99.1 (the
"PERIODIC REPORT") fully complies with the requirements of section 13(a) or
section 15(d) of the Securities Exchange Act of 1934, and

2. The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company as of September 29,
2002 and the results of its operations for the three and nine month periods then
ended.

    IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the
13th day of November, 2002.


                                             /s/ James M. McCluney
                                      ------------------------------------------
                                      JAMES M. MCCLUNEY, CHIEF EXECUTIVE OFFICER

                                             /s/ Kurtis L. Adams
                                      ------------------------------------------
                                      KURTIS L. ADAMS, CHIEF FINANCIAL OFFICER
EXHIBIT 32

          CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
                   OFFICER PURSUANT TO 18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350, as adopted), Thomas E. Wharton Jr., the Chief Executive Officer of
iSECUREtrac Corp. (the "Company"), and David G. Vana, the Chief Financial
Officer of the Company, each hereby certifies that:

      1.    The Company's Quarterly Report on Form 10-QSB for the period ended
            September 30, 2004, to which this Certification is attached as
            Exhibit 32 (the "Periodic Report"), fully complies with the
            requirements of Section 13(a) or Section 15(d) of the Securities
            Exchange Act of 1934, as amended; and

      2.    The information contained in the Periodic Report fairly presents, in
            all material respects, the financial condition of the Company at the
            end of the period covered by the Periodic Report and results of
            operations of the Company for the period covered by the Periodic
            Report.

Dated:  November 15, 2004



/s/   Thomas E. Wharton Jr.                      /s/   David G. Vana
---------------------------                      ----------------------------
       Thomas E. Wharton Jr.                            David G. Vana
       Chief Executive Officer                          Chief Financial Officer

                                    Page 21
<PAGE>

                                                                    EXHIBIT 10.6

                       AMENDMENT TO EMPLOYMENT AGREEMENT

          THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment"), dated as of
October 15, 1999, between bamboo.com, Inc., a Delaware corporation (formerly
known as Jutvision Corporation) (the "Company"), and Howard Field, ("Employee"),
amends the Employment Agreement, dated as of January 1, 1999, between bamboo.com
and Employee (the "Agreement").

          IN CONSIDERATION of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:

          1.  Base Salary.  Effective October 1, 1999, the Base Salary set forth
              -----------
in Section 4.1 of the Agreement is increased to an annual rate of $180,000.

          2.  Miscellaneous.  Except as expressly amended hereby, the Agreement
              -------------
is, and shall remain, in full force and effect and each and every term and
condition thereof is hereby confirmed, continued and ratified.  All terms
defined in the Agreement, except as otherwise defined herein, shall have the
same meanings where used herein.  This Amendment may not be altered, amended or
modified in any way except by a writing signed by both parties.  This Amendment
may be executed by exchange of signature pages by facsimile and/or in any number
of counterparts, each of which shall be an original as against the party whose
signature appears thereon and all of which together shall constitute one and the
same instrument.


          IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above written.


BAMBOO.COM, INC.                                       HOWARD FIELD


By: /s/ Leonard B. McCurdy                             /s/ Howard Field
   -------------------------------                    --------------------------
Name: Leonard B. McCurdy
     -----------------------------
Title: Chairman and CEO
      ----------------------------
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Page 47790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22248]


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

DEPARTMENT OF THE TREASURY


Fiscal Year 2016 Service Contract Inventory

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of Fiscal Year 2016 service contract inventory.

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

SUMMARY: The Department of the Treasury's Fiscal Year (FY) 2016 Service 
Contract Inventory. The Inventory lists all service contract actions 
over $25,000 awarded in FY 2016 and funded by Treasury, to include 
contract actions made on the Department's behalf by other agencies. 
Contract actions awarded by the Department on another agency's behalf 
with the other agency's funding are excluded.

FOR FURTHER INFORMATION CONTACT: Frank Bajowski, Office of the 
Procurement Executive, U.S. Department of the Treasury, 1500 
Pennsylvania Avenue NW., Washington, DC 20220, at (202) 622-6760 or 
<a href="/cdn-cgi/l/email-protection#e4ab82828d87818b82908c81b4968b8791968189818a90a19c818791908d9281a4909681859791969dca838b92"><span class="__cf_email__" data-cfemail="1f507979767c7a70796b777a4f6d707c6a6d7a727a716b5a677a7c6a6b76697a5f6b6d7a7e6c6a6d6631787069">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In accordance with Section 743 of Division C 
of the FY 2010 Consolidated Appropriations Act, Public Law (Pub. L.) 
111-117, agencies required to submit an inventory in accordance with 
the Federal Activities Inventory Reform Act of 1998 (Pub. L. 105-270; 
31 U.S.C. 501 note), other than the Department of the Defense, shall 
also prepare an annual service contract inventory. Treasury's FY 2016 
service contract inventory data is included in the government-wide 
inventory posted on www.acquisition.gov. The government-wide inventory 
can be filtered to display the inventory data specific to Treasury.

    Dated: October 5, 2017.
Iris B. Cooper,
Senior Procurement Executive.
[FR Doc. 2017-22248 Filed 10-12-17; 8:45 am]
 BILLING CODE P


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<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-START>                                 JUL-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          5902
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       50
<OTHER-SE>                                     (5952)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  5902
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (5902)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (5902)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (5902)
<EPS-BASIC>                                    (.01)
<EPS-DILUTED>                                  (.01)



</TABLE>
Exhibit 32.1 Certification Pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code  I, Edward Suydam, the Chief Executive Officer of Nano Mask, Inc. (Nano Mask), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:  (i) the accompanying Form 10-Q of Nano Mask for the quarter ended September 30, 2007 (the Form 10-Q) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Nano Mask.  /s/ Edward Suydam Edward Suydam Chief Executive Officer (Principal Executive Officer) Nano Mask, Inc.  June 30, 2011
EXHIBIT 10.11


                               VAUGHAN FOODS, INC.
                              216 East 12th Street
                              Moore, Oklahoma 73160

                                                                  March 22, 2007

Mark E. Vaughan
Vernon J. Brandt, Jr.
Vaughan Foods, Inc.
216 East 12th Street
Moore, Oklahoma 73160

                    Re: Conveyance of Ownership Interests in
                         Allison's Gourmet Kitchens, LP

Gentlemen:

         This letter sets forth the agreement between Vaughan Foods, Inc., and
Mark E. Vaughan and Vernon J. Brandt, Jr., who own the following limited
partnership interests in Allison's Gourmet Kitchens, LP, an Oklahoma limited
partnership:

         48% Mark E. Vaughan
         12% Vernon J. Brandt, Jr.

         Each individual agrees to transfer all of such interest in Allison's
Gourmet Kitchens, LP to Vaughan Foods, Inc. for the purchase price of $1.00,
subject to the condition that the public offering for an amount of at least $14
million underwritten by Paulson Investment Co. as outline in the Letter of
Intent dated May 8, 2006 between Paulson Investment Company, Inc. and Vaughan
Foods, Inc. be completed by May 15, 2007. The transfer will be made
simultaneously with the closing of the public offering.

         Please confirm your agreement by signing below and returning a copy of
Vaughan Foods, Inc. at your early convenience.


                                        Very truly yours,
                                        VAUGHAN FOODS, INC.


                                        By: /s/ Mark E. Vaughan
                                            -------------------
                                        Mark E. Vaughan, President


Accepted and agreed:


/s/ Vernon J. Brandt Jr.
------------------------
Vernon J. Brandt, Jr., an individual


/s/ Mark E. Vaughan
-------------------
Mark E. Vaughan, an individual

cc: Stan Gustas
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D20-1972

_____________________________

DUANE WOULLARD,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Writ of Habeas Corpus—Original Jurisdiction.

September 9, 2020

PER CURIAM.

DISMISSED. See Logan v. State, 846 So. 2d 472, 479 (Fla. 2003).

ROBERTS, OSTERHAUS, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Duane Woullard, pro se, Petitioner.
2

Ashley Moody, Attorney General, Tallahassee, for Respondent.