alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 13, 2014

NO. 03-13-00007-CV

James Seth Hicks, Appellant

v.

Chase Home Finance, LLC; Chase Texas Home Finance, LLC;

and JP Morgan Chase Bank, N.A., Appellees

APPEAL FROM 126TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD

AFFIRMED -- OPINION BY JUSTICE FIELD

This is an appeal from the judgment signed by the trial court on July 3, 2012. Having reviewed 

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. The appellant 

shall pay all costs relating to this appeal, both in this Court and the court below.
<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 Janus Hotels and Resorts, Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Louis S. Beck, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. section 1350, aS adopted pursuant to section 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.




/s/ Louis S. Beck
------------------------------
Louis S. Beck
Chief Executive Officer
November 14, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 28, 1997, AND THE CONSOLIDATED
STATEMENT OF INCOME FOR THE THREE MONTHS ENDED SEPTEMBER 28, 1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-28-1997
<PERIOD-START>                             JUN-30-1997
<PERIOD-END>                               SEP-28-1997
<CASH>                                          10,330
<SECURITIES>                                         0
<RECEIVABLES>                                  332,249
<ALLOWANCES>                                     4,526
<INVENTORY>                                    184,408
<CURRENT-ASSETS>                                     0
<PP&E>                                          92,271
<DEPRECIATION>                                  37,377
<TOTAL-ASSETS>                                 665,644
<CURRENT-LIABILITIES>                          648,829
<BONDS>                                         48,653
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                    (32,932)
<TOTAL-LIABILITY-AND-EQUITY>                   665,644
<SALES>                                        500,938
<TOTAL-REVENUES>                               606,839
<CGS>                                          450,781
<TOTAL-COSTS>                                  530,653
<OTHER-EXPENSES>                                61,815
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,669
<INCOME-PRETAX>                                  4,702
<INCOME-TAX>                                         2
<INCOME-CONTINUING>                              4,700
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,700
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.2





Section 1350 Certification of Principal Financial Officer





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 INX Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2010 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof, I, Philip Rydzewski, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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, 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.




June 3, 2011
By:
/s/ PHILIP RYDZEWSKIPhilip RydzewskiChief Financial Officer
#### The People of the State of New York, Respondent, v. Alvin F. Busch, Appellant.

In a *coram nobis*proceeding, defendant appeals from an order of the County Court, Rockland County, dated December 15, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered June 6, 1960 on his plea of guilty, convicting him of burglary in the third degree, and sentencing him, as a second felony offender, to serve a term of 5 to 10 years. Order affirmed. No opinion. Beldock, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.
§ 206.59 Obligations of mortgagee. ( a ) *Certifications and disclosures at closing.* At closing, the mortgagee shall obtain the appropriate certification from each borrower identified as married as well as from each identified Non-Borrowing Spouse. When a HECM borrower has identified an Ineligible Non-Borrowing Spouse, the mortgagee shall also disclose the amount of mortgage proceeds that would have been available under the HECM if he or she were an Eligible Non-Borrowing Spouse.
( b ) *Divorce.* In the event of a divorce between the HECM borrower and Eligible Non-Borrowing Spouse, a mortgagee shall obtain a copy of the final divorce decree and shall not require the now Ineligible Non-Borrowing Spouse to fulfill any further requirements.
( c ) *Death of borrower.* Within 30 days of being notified of the death of the borrower, the mortgagee shall: ( 1 ) Obtain all certifications, as required by the Commissioner, from the Eligible Non-Borrowing Spouse, and continue to obtain the required certifications no less than annually thereafter for the duration of the Deferral Period; and
( 2 ) Notify any Eligible Non-Borrowing Spouse that the due and payable status of the loan is in a Deferral Period only for the amount of time that such Eligible Non-Borrowing Spouse continues to meet all requirements established by the Commissioner.
( d ) *Non-compliance with requirements.* If the Eligible Non-Borrowing Spouse ceases to meet any requirements established by the Commissioner, the mortgagee shall notify the Eligible Non-Borrowing Spouse within 30 days that the Deferral Period has ended and the HECM is immediately due and payable, unless the Deferral Period is reinstated in accordance with § 206.57. The mortgagee shall obtain documentation validating the reason for the cessation of the Deferral Period and, if applicable, the reason for reinstatement of the Deferral Period.
210 A.2d 323.

#### Frank J. Scullian, Jr., *et al. vs.*Anthony Petrucci.

MAY 25, 1965.

Present: Condon, C. J., Roberts, Paolino, Powers and Joslin, JJ.

Per Curiam.

.After hearing on briefs -and arguments herein we examined the record and ascertained that this *690cause and the papers herein had been certified to this court ■by the clerk of the superior court without the bill of exceptions filed therein by the plaintiff having been allowed by a justice of that court. Moreover, the truth of the exceptions was not established in this court. If such non-allowance or nonestablishment had earlier been brought to our attention, we would not have permitted the cause to-be assigned for hearing or to -be heard on its merits.

*Pontarelli & Berberian, Aram K. Berberian,*for plaintiff.

*A. Anthony Susi,*for defendant.

The papers herein shall remain with the clerk of this court and the cause shall not ag'ain be -assigned for hearing-on its merits until the truth of the exceptions h-as been established in this court in the manner provided by G. L. 1956, §9-24-22.
ex10_4.htm








Exhibit 10.4




SECOND AMENDMENT 


TO THE


DYNEGY INC. EXECUTIVE SEVERANCE PAY PLAN







WHEREAS, Dynegy Inc. (the “Company”) sponsors the Dynegy Inc. Executive Severance Pay Plan (the “Plan”) for the benefit of its eligible employees and their beneficiaries; and


 


WHEREAS, the employer for certain participants in the Plan will be changed to one of the following entities: Dynegy Oakland, LLC, Dynegy Morro Bay, LLC, Dynegy Moss Landing, LLC or Casco Bay Energy Company, LLC, each a Delaware limited liability company and an indirect, wholly owned subsidiary of the Company (the “LLCs”); and


 


WHEREAS, the Plan allows the Company to designate eligible entities as participating employers under the Plan’s terms; and


 


WHEREAS, the Company has decided to permit the LLCs to adopt the Plan for the benefit of their eligible employees and their beneficiaries, and to classify the LLCs as participating employers under the Plan’s terms; and


 


WHEREAS, the LLCs have agreed to become participating employers under the Plan’s terms as if they were signatories thereto and to any applicable ancillary agreements, and to be bound by all of the provisions of the Plan; and


 


WHEREAS, the Company desires to amend the Plan to list the LLCs as Companies participating in the Plan; and


 


WHEREAS, Section VII of the Plan allows the Company to amend the Plan at any time.


 


NOW, THEREFORE, Attachment A of the Plan is hereby amended, in its entirety, to be and to read as follows, effective as of September 20, 2010:


 


“Attachment A


 


Subsidiaries and Affiliates


Participating in the


Dynegy Inc. Executive Severance Pay Plan


 



	
  

	
1.

	
Dynegy Marketing and Trade, LLC;







 



	
  

	
2.

	
Dynegy Midwest Generation, Inc.;







 



	
  

	
3.

	
Dynegy Northeast Generation, Inc.;







 



	
  

	
4.

	
Dynegy Energy Services, Inc.;







 



	
  

	
5.

	
Dynegy Operating Company;







 




  





1











  












	
  

	
6.

	
Sithe Energies, Inc.;







 



	
  

	
7.

	
Sithe Energies Power Services, Inc.;







 



	
  

	
8.

	
Dynegy Power Corp.;







 



	
  

	
9.

	
Dynegy Oakland, LLC;







 



	
  

	
10.

	
Dynegy Morro Bay, LLC;







 



	
  

	
11.

	
Dynegy Moss Landing, LLC; and







 



	
  

	
12.

	
Casco Bay Energy Company, LLC.”












IN WITNESS WHEREOF, the undersigned has caused this Second Amendment to the Plan be executed on this 20th day of September 2010.


 




	  	
DYNEGY INC.


	 	 
	 	 
	  	
By:

	
/s/ J. Kevin Blodgett


	  	  	  
	  	
Title:  

	
General Counsel and Executive Vice President, Administration











 


 


2
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 the Interior

###### Bureau of Land Management 

          - [ES-960-1420-BJ-TRST] ES-052760, Group No. 165, Wisconsin 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of Filing of Plat of Survey; Wisconsin. 

# SUMMARY:

                        The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calender days from the date of publication in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey. 

# SUPPLEMENTARY INFORMATION:

This survey was requested by the Bureau of Indian Affairs. 

The lands we surveyed are: 

## Fourth Principal Meridian, Wisconsin 

### T. 52 N., R. 4 W. 

The plat of survey represents the dependent resurvey of a portion of the east and south boundaries, a portion of the subdivisional lines; the subdivision of sections 26, 27, 28 and 33, in Township 52 North, Range 4 West, Fourth Principal Meridian, Wisconsin, and was accepted December 14, 2004. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. 

If BLM receives a protest against this survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. 

We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. 

Dated: December 14, 2004. 

Stephen D. Douglas, 

Chief Cadastral Surveyor. 

[FR Doc. 04-27926 Filed 12-21-04; 8:45 am] 

BILLING CODE 4310-GJ-P
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Omtool, Ltd. (the “Company”) on Form 10-Qfor the period ended March 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Robert L. Voelk,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, tomy knowledge, that:

 

(1) TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

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

 

 
| /s/ Robert L. Voelk     |   |
|-------------------------|--------|
| Robert L. Voelk         |   |
| Chief Executive Officer |   |
| May 15, 2008       |   |

 

----
### §1600d. Limitations on Federal expenditures affecting Floodway

(a) Except as provided in section 1600e of this title, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the Floodway established under section 1600c of this title.

(b) An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expenditure or new financial assistance if—

(1) in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before October 8, 1986; or

(2) no legally binding commitment for the expenditure or financial assistance was made before October 8, 1986.

(Pub. L. 99–450, §6, Oct. 8, 1986, 100 Stat. 1132.)
**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 **

|   | (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 this Report fairly presents, in all material                respects, the financial condition and results of operations of the                Registrant. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated                this 14th day                of January, 2008.  | By:  | /s/                Liang Zhang                          |
|--------------------------------------------------------------------------------|-----------|-------------------------------------------------------------------|
|                                                                           |      | Liang                Zhang Chief                Executive Officer |

----
### §22. Repealed. July 30, 1947, ch. 354, §2, 61 Stat. 522

Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost of photolithographic copies of plats. See section 1460 of this title.
### §8259a. Energy and water savings measures in congressional buildings

#### (a) In general

The Architect of the Capitol—

(1) shall develop, update, and implement a cost-effective energy conservation and management plan (referred to in this section as the "plan") for all facilities administered by Congress (referred to in this section as "congressional buildings") to meet the energy performance requirements for Federal buildings established under section 8253(a)(1) of this title; and

(2) shall submit the plan to Congress, not later than 180 days after August 8, 2005.

#### (b) Plan requirements

The plan shall include—

(1) a description of the life cycle cost analysis used to determine the cost-effectiveness of proposed energy efficiency projects;

(2) a schedule of energy surveys to ensure complete surveys of all congressional buildings every 5 years to determine the cost and payback period of energy and water conservation measures;

(3) a strategy for installation of life cycle cost-effective energy and water conservation measures;

(4) the results of a study of the costs and benefits of installation of submetering in congressional buildings; and

(5) information packages and "how-to" guides for each Member and employing authority of Congress that detail simple, cost-effective methods to save energy and taxpayer dollars in the workplace.

#### (c) Annual report

The Architect of the Capitol shall submit to Congress annually a report on congressional energy management and conservation programs required under this section that describes in detail—

(1) energy expenditures and savings estimates for each facility;

(2) energy management and conservation projects; and

(3) future priorities to ensure compliance with this section.

(Pub. L. 95–619, title V, §552, as added Pub. L. 109–58, title I, §101(a), Aug. 8, 2005, 119 Stat. 605.)
### §8235i. Authorization of appropriations

#### (a) Authorization of appropriations

There is authorized to be appropriated to carry out this part—

(1) the sum of $10,000,000 for the fiscal year ending on September 30, 1981; and

(2) the sum equal to $10,000,000 minus the amount appropriated for the fiscal year ending on September 30, 1981, under the authorization contained in this section, for the fiscal year ending on September 30, 1982.

#### (b) Availability

Any funds appropriated under the authorization contained in this section shall remain available until expended.

(Pub. L. 95–619, title II, §270, as added Pub. L. 96–294, title V, §562, June 30, 1980, 94 Stat. 751.)
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF 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 accompanying Amendment No. 1 to the Annual
Report on Form 10-K of Net Element, Inc. for the year ended December 31, 2011, each of the undersigned hereby certifies pursuant
to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the undersigned’s
knowledge: (i) such Amendment No. 1 to the Annual Report on Form 10-K of Net Element, Inc. for the year ended December 31, 2011
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 such Amendment No. 1 to the Annual Report on Form 10-K of Net Element, Inc. for the year ended December 31, 2011 fairly
presents, in all material respects, the financial condition and results of operations of Net Element, Inc.



|May 2, 2012 | By: /s/ Mike Zoi                             | 
|----------- | -------------------------------------------- | 
|Date        | Mike Zoi                                    
|            | Chief Executive Officer                     
|            | (Principal Executive Officer)               
|            |                                             
|May 2, 2012 | By: /s/ Jonathan New                         | 
|Date        | Jonathan New                                
|            | Chief Financial Officer                     
|            | (Principal Financial and Accounting Officer)



A signed original of this written statement required by Section 906
has been provided to Net Element, Inc. and will be retained by Net Element, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.