alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### M. T. REED CONST. CO. v. VIRGINIA METAL PRODUCTS CORP. LUNDA v. VIRGINIA METAL PRODUCTS CORP.

Nos. 14981, 14992.

United States Court of Appeals Fifth Circuit.

June 25, 1954.

*128William Harold Cox, Jackson, Miss., for M. T. Reed Const. Co.

Harmon W. Broom & William E. Sud-dath, Jr., Jackson, Miss., for Lunda.

Earl T. Thomas & Charles Clark, Jackson, Miss., for appellees.

Before HOLMES and STRUM, Circuit Judges, and THOMAS, District Judge.

HOLMES, Circuit Judge.

On March 20, 1953, a judgment was entered in favor of M. T. Reed Construction Company; on the same day, in the companion case, *st*separate judgment was entered for N. W. Lunda, Sr. Naturally no appeal was taken from either of these judgments because each was set aside and held for naught by the court below on motion of the appellee. The reversal of the judgments setting them aside did not *ipso facto*reinstate the invalidated judgments. 213 F.2d 337; 213 F.2d 339.

 Having set aside the verdict and judgment in each of the above cases, the district court entered a separate judgment for the defendant, dismissing each suit notwithstanding the verdict. The only final judgments in these cases, when the appeals were taken, were the ones for the defendant; the previous judgments had been annulled. The final judgments for the defendant were the proper ones to be designated by the appellant in giving notice of appeal, and this is what was done. Such notice of appeal .drew in question, and brought up to the appellate court, all prior rulings of the court that rendered that judgment, and all interlocutory orders and relevant matters that preceded it. Roth v. Hyer, 5 Cir., 142 F.2d 227, 228, certiorari denied, 323 U.S. 712, 65 S.Ct. 38, 89 L.Ed. 573. The petition for rehearing is denied in each of the above cases.

Denied.
EXHIBIT 31.1

                            CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Hector A. Veron, certify that:

1. I have reviewed  this annual  report on Form 10-KSB of Royal  Holiday  Mobile
Estates.;

2.  Based on my  knowledge,  this  annual  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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a) designed  such  disclosure  controls and  procedures  to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others  within those  entities,  particularly  during the
period in which this annual report is being prepared;

b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures  as of a date  within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c) presented in this annual report our conclusions  about the  effectiveness  of
the  disclosure  controls  and  procedures  based  on our  evaluation  as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's board of directors:

a) all significant  deficiencies in the design or operation of internal controls
which  could  adversely  affect the  registrant's  ability  to record,  process,
summarize and report  financial data and have  identified  for the  registrant's
auditors any material weaknesses in internal controls; and

b) any  fraud,  whether  or not  material,  that  involves  management  or other
employees who have a significant role in the registrant's internal controls; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether or not there were significant changes in internal controls
or in other factors that could significantly affect internal controls subsequent
to the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: September 22, 2003                  /s/ Hector A. Veron
                                      -------------------------------
                                         Hector A. Veron
                                         President/ CEO/Director
### §7265. Contempt authority; assistance to the Court

(a) The Court shall have power to punish by fine or imprisonment such contempt of its authority as—

(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) misbehavior of any of its officers in their official transactions; or

(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

(b) The Court shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for a district in which the Court is sitting shall, if requested by the chief judge of the Court, attend any session of the Court in that district.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4116, §4065; renumbered §7265, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–40 renumbered section 4065 of this title as this section.
NEI 09-14

“Guidelines for the Managemen

Buried Piping Integrity”Buried Piping Integrity

Jim Riley, NEI

September 21, 2010
Purpose of NEI 09-14

 Document the text of the Buried Piping 

Integrity Initiative

 Describe the intent of the Initiative Communicate roles and responsibilitie

industry participants

 Describe industry reporting of 

implementation
Content of NEI 09-14

1. Background2. Introduction3. Industry Initiative on Buried Piping Int4. Industr

y p Roles and Res

ponsibilities

5. Intent of the Buried Piping Integrity In6. ReferencesA. Report to NSIAC
1. Background

 Document’s relation to the Buried Pipin

Integrity Initiative

• Compliments the Ground Water Protec

Initiative

 Describes the content of NEI 09-14
2. Introduction

 Reason for the Initiative

– OE– Potential impact

 Intended outcome of the Initiative

– Minimize unexpected failures

 Relation to EPRI document “Recommen

for an Effective Program to Control the Degradation of Buried Piping”
3. Industry Initiative 

 Initiative goal Initiative Actions Scope: all buried piping on site Expectations

– Improving leakage trends– Utility participation– Industry group cooperation
4. Industry Roles and Responsib

 Utilities

– Implement– Report – Participate

 EPRI

– NDE technology development– Venue for sharing OE – Report
4. Industry Roles and Responsib

 INPO

– Regular plant evaluations– Communicate OE– Report

 ANI

– C i t d ti Communica

te recommen

d

ations

 NEI

– Regulatory interface– Communicate– Coordinate– Report
5. Intent of the Initiative

 Procedures and Oversight

– Lines of responsibility– Justifying deviations– Implementing the Initiative– Report

 Risk Ranking

– Emphasis on piping containing radioactive 

fluids

– Relationship to the Ground Water Protect

Initiative
5. Intent of the Initiative

 Inspection plan

– Considers

• Piping design and condition• Inspection capabilities• Risk ranking• OE• Trends• Commitments

– Use of sampling and engineering evalu
5. Intent of the Initiative

 Plan implementation

– Condition assessment– Most vulnerable locations– Combination of evaluation and inspect

 Asset Management Plan

– Long term strategy
5. Intent of the Initiative

 Deviations

– Technical justification developed and r

• Should provide basis for meeting the s

objective

• Should provide lifetime

– Approved in accordance with procedur– Executive concurrence– Reported to NEI
A. Report to NSIAC

 Intent

– Monitor Initiative implementation status– Identify deviations from Initiative elemen

– Trend leaka

ge events

– Monitor inspection technology developm

 Results and industry OE are evaluated by 

Force and reported to NSIAC semi-annual
NEI 09-14 Revision

 Document the Underground Piping and 

Tanks Integrity Initiative

 Provide guidance on reasonable 

assurance

 Add definitions Communicate OE
Order entered January 23, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01513-CR

CARIE ANN PRESTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F-0816690-H

ORDER

The Court ORDERS the trial court to make findings of fact regarding whether appellant 

has been deprived of the clerk’s and reporter’s records because of ineffective counsel, indigence, 

or for any other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeal. If 

the trial court determines that appellant does not desire to prosecute the appeal, it shall 

make a finding to that effect.

 If the trial court determines that appellant desires to prosecute the appeal, it shall next 

determine whether appellant is indigent and entitled to proceed without payment of costs 

for the clerk’s and reporter’s records. If appellant is entitled to proceed without payment 

of costs, the trial court shall make a finding to that effect. Moreover, if appellant is 

indigent, the trial court is ORDERED to take such measures as may be necessary to 

assure effective representation, which may include appointment of new counsel. If the 

trial court finds appellant is not indigent, it shall determine whether retained counsel has 

abandoned the appeal.
 The trial court shall next determine: (1) the name and address of each court reporter who 

recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay 

in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can 

be filed. 

 The trial court shall next determine the date by which the clerk’s record will be filed.

We ORDER the trial court to transmit a supplemental record, containing the written 

findings of fact, any supporting documentation, and any orders, to this Court within THIRTY 

DAYS of the date of this order.

The appeal is ABATED to allow the trial court to comply with this order. The appeal 

shall be reinstated thirty days from the date of this order or when the supplemental record is 

received, whichever is earlier.

/s/ LANA MYERS 

JUSTICE
EXHIBIT 10.13

                                WEST CORPORATION

                                   MEMORANDUM

TO: JON "SKIP" HANSON

FROM: NANCEE BERGER

DATE: JANUARY 5, 2004

RE: 2004 COMPENSATION PLAN - EXHIBIT A

The compensation plan for 2004 while you are employed as Executive Vice
President for Corporate Services for West Corporation is being revised as
indicated below:

1.       Your base salary will be $225,000.00. Should you elect to voluntarily
         terminate your employment, you will be compensated for your services
         through the date of your actual termination per your Employment
         Agreement.

2.       You are eligible to receive a quarterly performance bonus based on each
         quarter's pre-tax Net Income growth when compared to the same quarter
         the previous year. (A negative differential will result in a loss carry
         forward to be applied to future bonus calculations.) The bonus will be
         calculated by multiplying the year-to-date pre-tax Net Income
         differential times the rate factor minus bonuses paid year-to-date for
         the respective calendar year. A maximum of 75% of each bonus
         calculation will be paid thirty (30) days after the end of the quarter
         except for 4th quarter and annual true-up amount which will be paid no
         later than February 28, 2005.

RATE FACTOR

                                      .0048

3.       All pre-tax Net Income objectives are based upon West Corporation
         operations and will not include profit and income derived from mergers,
         acquisitions, joint ventures, stock buy backs or other non-operating
         income unless specifically and individually included upon completion of
         the transaction.

         4.       The benefit plans, as referenced in Section 7(i), shall
                  include insurance plans based upon eligibility pursuant to the
                  plans. If the insurance plans do not provide for continued
                  participation, the continuation of benefits shall be pursuant
                  to COBRA. In the event Employee's benefits continue pursuant
                  to COBRA and Employee accepts new employment during the
                  consulting term, Employee may continue benefits thereafter to
                  the extent allowed under COBRA. In no event shall benefits
                  plans include the 401K Plan or the 1996 Stock Incentive Plan.

<PAGE>

5.       At the discretion of executive management, you may receive an
         additional bonus based on your individual performance.

                                   /s/ Skip Hanson
                            ----------------------------
                            EMPLOYEE - JON "SKIP" HANSON
EXHIBIT 32.1


                       PERFORMANCE CAPITAL MANAGEMENT, LLC

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

In  connection  with  the Quarterly Report on Form 10-QSB of Performance Capital
Management, LLC (the "Company") for the quarterly period ended June 30, 2006, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  David  J.  Caldwell, as Chief Operations Officer of the Company, and
Edward  M.  Rucker, as Accounting Manager of the Company, each hereby certifies,
pursuant  to  18  U.S.C.  Sec.  1350,  as  adopted  pursuant  to Sec. 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(a) or
15(d)  of  the  Securities  Exchange  Act  of  1934,  as  amended;  and

     (2)  The  information  contained  in  the  Report  fairly  presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.



  /s/ David J. Caldwell
------------------------------
David J. Caldwell
Chief Operations Officer
August 11, 2006



  /s/ Edward M. Rucker
------------------------------
Edward M. Rucker
Accounting Manager
August 11, 2006



The material contained in this exhibit is not deemed "filed" with the Commission
and  is not to be incorporated by reference into any filing of the Company under
the  Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as amended, whether made before or after the date hereof and irrespective of any
general  incorporation  language  contained in such filing, except to the extent
that  the  Company  specifically  incorporates  it  by  reference.
PULLING TOGETHER TO FINANCE EXPORTS

----
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         President's Committee on the National Medal of Science (1182).                    

*Date and Time:*                         Tuesday, November 23, 2004, 8:30 a.m.-2 p.m.                    

*Place:*                         Room 1235, National Science Foundation, 4201 Wilson Blvd, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Mrs. Susan E. Fannoney, Program Manager, Room 1220, National Science Foundation, 4201 Wilson Blvd, Arlington, VA 22230. Telephone: 703/292-8096.                    

*Purpose of Meeting:*                         To provide advice and recommendations to the President in the selection of the 2004 National Medal of Science recipients.                    

*Agenda:*                         To review and evaluate nominations as part of the selection process for awards.                    

*Reason for Closing:*                         The nominations being reviewed include information of a personal nature where disclosure would constitute unwarranted invasions of personal privacy. These matters are exempt under 5 U.S.C. 552b(c)(6) of the Government in the Sunshine Act.                    

Dated: November 2, 2004.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 04-24734  Filed 11-4-04; 8:45 am]

BILLING CODE 7555-01-M
| | EXHIBIT 31.1
| | ------------

CERTIFICATIONS PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



| | CERTIFICATIONI, Dirck Tromp, certify that:
| | ------------------------------------------

1. I have reviewed this quarterly report on Form 10-QSB of Tatonka Oil and Gas, 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;

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15 (e) and 15d-15 (e)) for the registrant and we have:

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on such evaluation; and

c) disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.



| | Date: September 14, 2007/s/ DIRCK TROMPDirck TrompChief Executive Officer
| | -------------------------------------------------------------------------

---
**EXHIBIT
      32.1**








**Performance
      Capital Management, LLC**





CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER AND


PRINCIPAL
      FINANCIAL OFFICER


PURSUANT
      TO 18 U.S.C. § 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report on Form 10-QSB of Performance Capital
      Management, LLC (the “Company”) for the quarter ended March 31, 2007, as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, David J. Caldwell, as Chief Operations Officer of the Company, and I, Edward
      M. Rucker, as Accounting Manager of the Company, hereby certify, pursuant to
      18
      U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
      that, to the best of my knowledge:





(1)  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and





(2)  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.







/s/
                David J. CaldwellDavid
                J. CaldwellChief
                Operations OfficerMay
                16, 2007/s/
                Edward M. RuckerEdward
                M. RuckerAccounting
                ManagerMay
                16, 2007











The
      material contained in this exhibit is not deemed “filed” with the Commission and
      is not to be incorporated by reference into any filing of the Company under
      the
      Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
      as
      amended, whether made before or after the date hereof and irrespective of any
      general incorporation language contained in such filing, except to the extent
      that the Company specifically incorporates it by reference.