alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00205-CV

__________________

OBERHEIDEN LAW GROUP, PLLC, NICK OBERHEIDEN, 

OBERHEIDEN, P.C., AND OBERHEIDEN & MCMURREY, LP, Appellants

V.

CORROSION RESISTANT SOLUTIONS, INC., ET AL., Appellees

__________________________________________________________________

On Appeal from the 58th District Court

Jefferson County, Texas

Trial Cause No. A-202,825

__________________________________________________________________

ORDER

The record for this appeal includes a reporter’s record of an August 12, 2020 

hearing. In connection with the hearing, the parties submitted to the trial court 

documents marked as confidential exhibits. Pursuant to Texas Rule of Appellate 

Procedure 34.6(g), the trial court shall forward the following exhibits to the Court of 

Appeals on or before September 28, 2020: 

Plaintiffs’ Exhibit A: Email dated January 27, 2017;
2

Plaintiffs’ Exhibit B: Email dated March 27, 2017 with attached letter;

Plaintiffs’ Exhibit D: Email dated April 13, 2017 with an attached letter 

enclosing agreement;

Plaintiffs’ Exhibit E: Document relating to pharmacy services agreement 

including email;

Plaintiffs’ Exhibit F: Email communications concerning draft agreement;

Plaintiffs’ Exhibit G: Email dated July 10, 2017 with draft agreement;

Plaintiffs’ Exhibit H: Email dated September 12, 2017 with form notice;

Plaintiffs’ Exhibit I: Email, statement of compliance, and agreement;

Plaintiffs’ Exhibit J: Documents Bates-stamped OLG002337-OLG2338, and 

OLG1801;

Plaintiffs’ Exhibit K: Email;

Defendants’ Exhibit A: Drafts, contracts and email correspondence regarding 

contracts;

Defendants’ Exhibit B: Documents and emails regarding employment 

agreement; 

Defendants’ Exhibit C: Emails from Defendants regarding attorney-client 

relationship;

Defendants’ Exhibit D: Emails regarding pharmacist contract; 

Defendants’ Exhibit E: Emails regarding anesthesia contract;

Defendants’ Exhibit F: Emails and documents regarding termination of lease; 

and

Defendants’ Exhibit G: Contract addendum, documents and emails regarding 

compliance work. 
3

The exhibits will be returned to the trial court when our mandate issues.

ORDER ENTERED September 17, 2020.

PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.
## Welcome

Welcome to the Office of State Support (OSS)! Here you will find useful and timely information about programs and initiatives administered by OSS and issues important to the *Elementary and Secondary Education Act of 1965*, as reauthorized (*ESEA*).

## New Every Student Succeeds Act (ESSA) Resource Site

- New ESSA Resources
-   ESEA Reauthorization: The Every Student Succeeds Act 

## About Us

      -  Our Vision 
      - OSS Structure and Responsibilities

## Quick Links

      -   Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act
      - Performance Reports (2005-Current)
      -   ESEA Waivers
      - ESSA Consolidated State Plans
      -  Transferability of State-Level Funds under the ESEA 
      - Technical Assistance  Equitable Services to Eligible Private School Children (*Title I*, Part A)  Standards, Assessment and Accountability****   Programs and Initiatives  *Title I*, Part A: Improving Basic Programs Offered by Local Educational Agencies*Title II*, Part A: Improving Teacher Quality State Formula Grants*Title III*: English Language Acquisition State Grants        School Improvement Grants        Race to the Top*ESSA* Performance      Equitable Access to Excellent Educators      Competitive Grants for State Assessments          Quick Stop State-by-State InformationSELECT A STATEAlabamaAlaskaArizonaArkansasBIECaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingGROUP 1GROUP 2GROUP 3GROUP 4GROUP 5GROUP 6                  U.S. Department of Education        Office of Elementary and Secondary Education        Office of State Support        400 Maryland Avenue SW        Washington, DC 20202-6132         Phone: 202-260-0826        Fax: 202-260-7764        email: OESE@ed.gov      
OESE Archived Information
           Last Modified: 06/02/2020
| (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 30th      day of March, 2009 | By:    | /s/      Xiao Ping Zhang     |
|----------------------------------------------|--------|------------------------------|
|                                         |   | Xiao      Ping Zhang         |
|                                         |   | Chief      Executive Officer |
|                                         |   |                         |
|                                         | By:    | /s/      Zong Yun Zhou       |
|                                         |   | Zong      Yun Zhou           |
|                                         |   | Chief      Financial Officer |

----
IIA 

115TH CONGRESS 

1ST SESSION S. J. RES. 13 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the final rule submitted by the Secretary of Health 

and Human Services relating to compliance with title X requirements 

by project recipients in selecting subrecipients. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2017 

Mrs. ERNST (for herself, Mr. CORNYN, Mr. CRUZ, Mr. BLUNT, Mr. ROBERTS, 

Mr. LANKFORD, Mr. DAINES, Mr. CRAPO, Mr. SASSE, Mr. MORAN, Mr. 

KENNEDY, Mr. LEE, Mr. RISCH, Mr. INHOFE, Mr. MCCONNELL, Mr. 

GRASSLEY, and Mr. GRAHAM) introduced the following joint resolution; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the final rule submitted 

by the Secretary of Health and Human Services relating 

to compliance with title X requirements by project recipients in selecting subrecipients. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the Sec4 retary of Health and Human Services relating to compli5 ance with title X requirements by project recipients in seVerDate Sep 11 2014 02:35 Jan 31, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ13.IS SJ13

smartinez on DSK3GLQ082PROD with BILLS
2 

•SJ 13 IS 

1 lecting subrecipients (81 Fed. Reg. 91852; December 19, 

2 2016), and such rule shall have no force or effect. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
<PAGE>

                                                                EXHIBIT 10(j)(i)
                                   March 2, 2000



QMS, Inc.
One Magnum Pass
Mobile, Alabama  36618

     Re:  Credit Agreement dated as of August 19, 1999 by and between
          QMS, Inc. (the "Company") and Harris Trust and Savings Bank

Gentlemen:

     We refer to that certain Credit Agreement dated as of August 19, 1999
currently in effect between you and us (the "Credit Agreement").  Terms used
herein without definition shall have the same meaning herein as such terms have
in the Credit Agreement.

     The Company has informed us that the Company is in default of its
obligations under (i) Section 8.7 of the Credit Agreement by reason of its
failure through and including December 31, 1999, to maintain a Tangible Net
Worth at not less than $6,500,000, and (ii) Section 8.9 of the Credit Agreement
by reason of its failure as of December 31, 1999, to maintain a Fixed Charge
Coverage Ratio of not less than .90 to 1.

     We hereby waive through and including (but not after) December 31, 1999,
your compliance with Sections 8.7 and 8.9 of the Credit Agreement.

     This waiver is limited to the matter expressly stated herein.  Except as
specifically waived hereby, all of the terms and conditions of the Credit
Agreement shall stand and remain in full force and effect.  This waiver shall be
construed and determined in accordance with, and governed by, the laws of the
State of Illinois.

                                   Very truly yours,

                                   HARRIS TRUST AND SAVINGS BANK



                                   By:  /s/ James Andricopulos, Jr.
                                        ---------------------------
                                        Its Vice President
III 

115TH CONGRESS 

1ST SESSION S. RES. 124 

Expressing the sense of the Senate that the National Sea Grant College 

Program is a valuable program that protects and enhances the coastal 

communities and economy of the United States. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2017 

Mr. MERKLEY (for himself, Ms. MURKOWSKI, Mr. WHITEHOUSE, Mr. BOOKER, Mr. COONS, Mr. BLUMENTHAL, Ms. STABENOW, Mr. BROWN, Ms. 

HIRONO, Mr. WYDEN, Ms. KLOBUCHAR, Mr. CASSIDY, Ms. HASSAN, Mr. 

FRANKEN, Mr. LEAHY, Mrs. SHAHEEN, Mr. PETERS, Mr. SCHATZ, Mr. 

KAINE, Mr. NELSON, Mr. SANDERS, Mr. MARKEY, Mr. MURPHY, Mr. 

CARDIN, Ms. CANTWELL, and Mrs. FEINSTEIN) submitted the following 

resolution; which was referred to the Committee on Commerce, Science, 

and Transportation 

RESOLUTION 

Expressing the sense of the Senate that the National Sea 

Grant College Program is a valuable program that protects and enhances the coastal communities and economy 

of the United States. 

Whereas the National Sea Grant College Program, established in 1966, serves 31 States and 2 territories to 

strengthen the health and stewardship of local, State, 

and national coastal and marine resources; 


sradovich on DSK3GMQ082PROD with BILLS
2 

•SRES 124 IS 

Whereas 42 percent of the United States population lives or 

works in a coastal area, and coastal counties contribute 

over $7,600,000,000,000 annually to the economy; 

Whereas the National Sea Grant College Program is critical 

in improving the health of coastal ecosystems, supporting 

sustainable fisheries and aquaculture, building resilient 

communities and economies, improving environmental literacy, and developing the next generation of students in 

science and technology; 

Whereas the National Sea Grant College Program had an 

economic impact of $575,000,000 in 2015 from a Federal investment of $67,300,000, which is an 854-percent 

return on investment; 

Whereas the National Sea Grant College Program creates or 

sustains more than 20,000 jobs and 2,900 businesses annually; 

Whereas the National Sea Grant College Program has supported 1,175 John A. Knauss Marine Policy Fellows in 

Congress and throughout Federal agencies since 1979; 

and 

Whereas the National Sea Grant College Program has supported thousands of undergraduate and graduate students at institutions of higher education across the 

United States: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that the 

2 National Sea Grant College Program is— 

3 (1) of vital importance to improving the econ4 omy, health, stewardship, and preparedness of the 

5 United States; 


sradovich on DSK3GMQ082PROD with BILLS
3 

•SRES 124 IS 

1 (2) an exceptional example of effective partner2 ships between Federal, State, and local governments; 

3 and 

4 (3) a valuable investment for the Federal Gov5 ernment. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS
```

[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Notices]               
[Page 65297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-42]                         

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

AGENCY FOR INTERNATIONAL DEVELOPMENT

 
Notice of Public Information Collection Requirements Submitted to 
OMB for Review

SUMMARY: U.S. Agency for International Development (USAID) has 
submitted the following information collection to OMB for review and 
clearance under the Paperwork Reduction Act of 1995, Public Law 104-13.
    Comments regarding this information collection are best assured of 
having their full effect if received within 30 days of this 
notification, Comments should be sent via e-mail to Ross_A._Rutledge@omb.eop.gov or fax to 202-395-3086. Copies of submission may 
be obtained by calling (202) 712-1365.

SUPPLEMENTARY INFORMATION: 
    OMB Number: OMB 0412-New.
    Form Number: AID 321-1.
    Title: Mentor Prot[eacute]g[eacute] Program--Agreement Application.
    Type of Submission: New information collection.
    Purpose: Entities interested in participating in the U.S. Agency 
for International Developments (USAID) Mentor-Prot[eacute]g[eacute] 
Program must apply in writing to the USAID Office of Small and 
Disadvantaged Business Utilization (OSDBU) by submitting the 
application form. The application will contain the Mentor-
Prot[eacute]g[eacute] Program Agreement and will be evaluated for 
approval. Evaluations will consider the nature and extent of technical 
and managerial support as well as any proposed financial assistance in 
the form of equity investment, loans, joint venture, and traditional 
subcontracting support. USAID's current policy on the Mentor-
Prot[eacute]g[eacute] Program can be found in the AIDAR 719.273.
    Annual Reporting Burden:
    Respondents: 30.
    Total annual responses: 30.
    Total annual hours requested: 360 hours.

    Dated: October 8, 2010.
Beth Salamanca,
Acting Director, Office of Management Services, Bureau for Management.
[FR Doc. 2010-26413 Filed 10-21-10; 8:45 am]
BILLING CODE 6116-01-M
```
#### 16.203-3 Limitations.

A fixed-price contract with economic price adjustment shall not be used unless the contracting officer determines that it is necessary either to protect the contractor and the Government against significant fluctuations in labor or material costs or to provide for contract price adjustment in the event of changes in the contractor's established prices.
#### George Stoehrer, Plaintiff, v. Alois Sattler et al., Defendants.

Application ex parte by plaintiff to this court, pursuant to statute (Civ. Prae. Act, § 66), for a warrant of attachment. A Justice of the Supreme Court previously had refused the application “unless $1,000 bond is furnished.” Application denied. Beldock, P. J., Ughetta, Kleinfeld, Christ and Hill, JJ., concur.
#### 225.7702-2 Acquisition of uniform components for the Afghan military or the Afghan police.

Any textile components supplied by DoD to the Afghan National Army or the Afghan National Police for purpose of production of uniforms shall be produced in the United States.

[78 FR 59858, Sept. 30, 2013]
- **Home**
      - About
      - People
      - Programs
      - Funding
      - Policy
      - Products 
      - Resources
      - Contact

OSERS Spotlight Items from 2022

**DISCLAIMER:** Older inks may not currently work.

### * **New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline***

The U.S. Department of Education **announced the release of new guidance** from its Office for Civil Rights and Office of Special Education and Rehabilitative Services to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of **student discipline**.

07/19/2022

### * **Agencies Host Joint Webinar to Address Early Care and Workforce Shortages***

Three federal agencies hosted a **90-minute webinar** to highlight how apprenticeships can strengthen early care and education workforces, May 25, 2022.

06/07/2022

### * **ED Releases Updated COVID-19 Guidance and Resources for Schools and Students with Disabilities***

The U.S. Department of Education released updated **guidance and resources** to aid COVID-19 mitigation efforts in schools and address the needs of students with disabilities as the U.S. moves to a new phase of pandemic response.

03/24/2022

### * **Department Submits the 43rd Annual Report to Congress on IDEA***

The *43rd Annual Report to Congress* focuses on children and student with disabilities who received services specific to IDEA Part C for infants and toddlers or IDEA Part B for children and youth. Read the *43rd Annual Report to Congress***preface** or **view the full report**.

01/21/2022

###  2023 | **2022** | 2021 

### OSERS Navigation

About OSERS | People and Offices | Programs and ProjectsGrants and Funding | Legislation and Policy | Publications, Products, Research and StatisticsAdditional Resources | Contact and Feedback
U.S. Dept Commerce/NOAA/NMFS/NWFSC/Publications NOAA-NMFS-NWFSC TM-5: Seasonal Changes in the Intertidal and Subtidal Macrobenthic Invertebrate Community Structure in Baker Bay, Lower Columbia River Estuary 
Figure 1. Benthic invertebrate and sediment sampling sites in Baker Bay, Columbia River estuary, November 1980 to October 1981. 

Use your browser's BACK button to return to the text.

Return to Table of Contents
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BUTLER
MANUFACTURING COMPANY CONSOLIDATED STATEMENTS OF OPERATIONS FOR THE QUARTER
ENDED MARCH 31, 1999, AND CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1999, AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000015840
<NAME> BUTLER MANUFACTURING COMPANY
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          15,698
<SECURITIES>                                         0
<RECEIVABLES>                                  124,052
<ALLOWANCES>                                         0
<INVENTORY>                                     62,045
<CURRENT-ASSETS>                               240,334
<PP&E>                                         238,911
<DEPRECIATION>                                 144,598
<TOTAL-ASSETS>                                 380,349
<CURRENT-LIABILITIES>                          151,414
<BONDS>                                         62,691<F1>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,623
<OTHER-SE>                                     177,729<F2>
<TOTAL-LIABILITY-AND-EQUITY>                   380,349
<SALES>                                        203,396
<TOTAL-REVENUES>                               203,258<F3>
<CGS>                                          169,493
<TOTAL-COSTS>                                  169,493
<OTHER-EXPENSES>                                30,286<F4>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,509
<INCOME-PRETAX>                                    457
<INCOME-TAX>                                       193
<INCOME-CONTINUING>                                264
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       264
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
<FN>
<F1>Reflects long-term debt, less current maturities
<F2>Reflects other stockholders' equity before deduction of $44.2 million cost of
treasury stock
<F3>Reflects net sales plus net international joint venture income less net other
expense
<F4>Consists of selling, general and administrative expense
</FN>
        

</TABLE>
#### 1417.203 Solicitations.

Option quantities in excess of the 50 percent limit may, in unusual circumstances, be approved by the CCO.
#### Sidette Lazofsky et al., Respondents, v. City of New York, Appellant-Respondent, and Gull Contracting Co., Inc., et al., Appellants.

Judgment insofar as it directs execution in favor of plaintiff Herbert Lazofsky in the sum of $22,771, unanimously modified, on the law, and on the facts, to the extent of vacating that part of the judgment and granting a new trial as to said plaintiff, and, as so modified, affirmed, with $50 costs to defendants-appellants, unless said plaintiff stipulates to accept $12,500 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with $50 costs to defendants-appellants. In this personal injury action it is evident that the jury verdict as to the said plaintiff is excessive in its award of damages and that a verdict in excess of $12,500 is not warranted by the record. In the event this ease is retried, defendants are not entitled to a charge as requested by them that the negligence, if any, of plaintiff Sidette Lazofsky is to be imputed to the plaintiff Herbert Lazofsky. At common law a licensed driver accompanying a learner is not liable for the negligence of the learner. (4 N. Y, Jur., Automobiles, § 423; *Sardo*v. *Herlihy,*143 Misc. 397.) However, a licensed driver aecom*859panying a learner may be held liable when he neglects to use reasonable care as an instructor. *(Wolpert*v. *Garrett,*278 App. Div. 893; *Spaulding*v. *Mineah,*239 App. Div. 460, affd. 264 N. Y. 589.) The licensed driver is not in the position of the master of the learner-driver and negligence of the learner-driver is therefore not imputable to him. *(Wolpert*v. *Garrett, supra.)*The licensed driver owes, however, the duty of general care in the supervision of the learner-driver. Further, the licensed driver is not in the same position as a passenger as charged by the court. If the learner-driver is negligent, it is the duty of the licensed driver to take the necessary measures to have the learner-driver cease and desist his negligent conduct since the statute (Vehicle and Traffic Law, § 501, sttbd. 4, par. b) places control of the learner-driver in the licensed driver which is not so in the case of a passenger. Settle order on notice. Concur—Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.
#### Crawford *v.*The State.

March 13, 1913.

ElSH, O. J.

1. The jury was authorized, from the evidence as well as the statement of the accused, to find, beyond a reasonable doubt, the venue to be as laid in the indictment.

2. There was evidence sufficient for the jury to find, beyond a reasonable doubt, that the person alleged to have been killed died from the effects of a wound inflicted by the accused, as charged in the indictment.

3. There was no evidence in support of the theory of voluntary manslaughter, and the court did not err in failing to instruct the jury as to the law of that offense.

4. In view of the statement made by the accused to the jury, the judge did not err, while instructing them as to the contentions made by the accused, in stating that the accused, -while admitting shooting the person killed, contended that his death did not result from such shooting, and that he, the accused, was acting in self-defense.

5. The verdict was supported by evidence, and the court did not err in refusing a new trial.

*Judgment affirmed.*

*Bech, J., absent. The other Justices concur.*

*613Indictment for murder. Before Judge J. B. Park. Putnam •superior court. November 11, 1912.

*B. Nettles Alsabrooh,*for plaintiff in error. *T. 8. Felder, attorney-general,*and *J. F. Pottle, solicitor-general,*contra.