alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR R EHEARING

Appellate case name: Judith Smith f/k/a Judith Goodrum v. David Eugene Goodrum Sr.

Appellate case number: 01

- 11

- 00784

- CV

Trial court case number: 9246409

Tria l court: 312th District Court of Harris County

Date motion filed: August 27, 2012

Party filing motion: Appellant

We dismissed this appeal for want of prosecution on July 26, 2012 after Appellant did not respond to our notice that the appeal would b e dismissed for lack of prosecution for failing to file

her brief

. Appellant has now filed a motion for rehearing. She asks this Court to set aside the

dismissal and reinstate th e appeal on the Court’s active docket . In the motion, Appellant explains th at her counsel did not file the brief as a result of a medical issue he was experiencing

.

The Supreme Court of Texas has made clear that c ourts of a ppeal should strive to determine

cases on the merits rather than on a procedural technicalit y that is eas ily corrected

. See Lehmann

v. Har

– Con Corp ., 39 S.W.3d 191, 205 & n.91 (Tex. 2001) (“In the past we have tried to ensure that the right to appeal is not lost by an overly technical application of the law.”); Verburgt v.

Dorner , 959 S.W.2d 615, 616

– 17 (Tex . 1997) (“[W]e have instructed the courts of appeals to construe the Rules of Appellate Procedure reasonably, yet liberally, so that the right to appeal is not lost by imposing requirements not absolutely necessary to effect the purpose of a rule.”) ; see

a lso In re K.C.B. , 251 S.W.3d 514, 517 (Tex. 2008) (“[J]ustice is not served when a case like this, ripe for determination on the merits, is decided on “a procedural technicality” that can easily

be corrected

. . . .”).

To this end, we grant Appellant’s m otion for rehearing. We vacate and withdraw our opinion and judgment dated July 26, 2012. The appeal is reinstated on this Court’s active docket.

The Clerk of this Court received Appellant’s brief on August 31, 2012. The Clerk of this Court

shall consi der Appellant’s brief to have been filed on August 31, 2012.Appellee’s brief is due to be filed with the Clerk of this Court on or before December 3 , 2012.

It is so ordered

.

Judge’s signature: /s/ Laura C. Higley

Acting for the Court

Panel consists of Jus tices Higley, Sharp, and Huddle

Date: October 29, 2012
<PAGE>

August 2, 1999


Mr. Adam Flint

VIA FACSIMILE:     011 44 11 70 561 235

Dear Adam,

This letter summarizes BriteSmile's offer of employment to you per our more
recent discussions.

Position:               Vice President - BriteSmile Call Center

Reports to:             Linda Oubre - President, Chief Administrative Officer

Location:               Walnut Creek, California

Compensation:           Annual Salary - $100,000 per year with 26 equal payments
                        during the year.

Bonus:                  $1.00 per paid procedure to be paid at the end of each
                        Fiscal Year -March 30th. This amount is to be divided
                        between call center management on a formula that we will
                        agree upon.

                        The bonus will be paid at a conversion level of 35% of
                        paid procedures of all calls. At a 55% conversion rate
                        of paid procedures, the bonus increases to $1.50 per
                        paid procedure. For the period of October 1, 1999
                        through March 30, 2000 the qualification is waived to a
                        25% conversion rate.

                        BriteSmile stock - 100,000 shares of BriteSmile stock
                        options exercisable at the fair market price on the date
                        of hire (8/15/99). 25,000 of these options vest
                        immediately with the remainder vesting in equal amounts
                        over a 5-year period.

Special Consideration:  Spouse or  fiance tuition - for a period of two years an
                        allowance up to $15,000 for college tuition.

                        Moving relocation expenses - BriteSmile will pay for all
                        moving expenses for you and spouse/fiance as well as a
                        special allowance of one month's salary for incidentals.

Adam, I believe the above accurately reflects our previous discussion and our
offer which you have already accepted.  We are extremely pleased that you are
joining us and that you will lead our call center within this young company.  We
look forward to your starting with us in August and to a long and exciting
employment situation.  Please confirm your agreement below:


/s/ Adam Flint
--------------
Adam Flint

Sincerely,

/s/ John Reed
-------------
John Reed
cc:  Linda Oubre
§ 229.18 Additional disclosure requirements. ( a ) *Deposit slips.* A bank shall include on all preprinted deposit slips furnished to its customers a notice that deposits may not be available for immediate withdrawal.
( b ) *Locations where employees accept consumer deposits.* A bank shall post in a conspicuous place in each location where its employees receive deposits to consumer accounts a notice that sets forth the time periods applicable to the availability of funds deposited in a consumer account.
( c ) *Automated teller machines.* ( 1 ) A depositary bank shall post or provide a notice at each ATM location that funds deposited in the ATM may not be available for immediate withdrawal.
( 2 ) A depositary bank that operates an off-premises ATM from which deposits are removed not more than two times each week, as described in § 229.19(a)(4), shall disclose at or on the ATM the days on which deposits made at the ATM will be considered received.
( d ) *Upon request.* A bank shall provide to any person, upon oral or written request, a notice containing the applicable specific availability policy disclosure described in § 229.l6.
( e ) *Changes in policy.* A bank shall send a notice to holders of consumer accounts at least 30 days before implementing a change to the bank's availability policy regarding such accounts, except that a change that expedites the availability of funds may be disclosed not later than 30 days after implementation.
<PAGE>
                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Calypte Biomedical Corporation

    We consent to the incorporation by reference in the registration statement
(No. 333-16769) on Form S-8, the registration statement (No. 333-38417) on
Form S-3, the registration statement (No. 333-66765) on Form S-3, the
registration statement (No. 333-75239) on Form S-3, the registration statement
(No. 333-32246) on Form S-3, and in the registration statement (No. 333-54316)
on Form S-2 of Calypte Biomedical Corporation of our reports dated February 23,
2001 relating to the consolidated balance sheets of Calypte Biomedical
Corporation and subsidiary as of December 31, 2000 and 1999, and the related
consolidated statements of operations, stockholders' equity and cash flows for
each of the years in the three-year period ended December 31, 2000 and the
related schedule, which reports appear in the December 31, 2000 annual report on
Form 10-K of Calypte Biomedical Corporation.

    The accompanying consolidated financial statements have been prepared
assuming that the Company will continue as a going concern. As discussed in
Note 1 to the consolidated financial statements, the Company has suffered
recurring losses from operations and has an accumulated deficit that raise
substantial doubt about its ability to continue as a going concern. Management's
plans in regard to these matters are also described in Note 1. The consolidated
financial statements do not include any adjustments that might result from the
outcome of this uncertainty.

                                          KPMG LLP

San Francisco, California
February 23, 2001
#### William Hogland *against*George Sebring.

ON CERTIORARI.

*F. FRELINGIIUYSEN,*for plaintiff, and *MDonald*for defendant.

Sealed bill admitted without calling subscribing witness. *(a)*

(a)

*Williams vs. Davis, Pen. *276. Paterson vs. Schenck, 3 Gr. 434. Corlies vs. Van Note, 1 Har. 324. Newbold*vs. *Lamb, 2 South. 449.*

Opinion of the Court.

Kirkpatrick C. J.

This is an action of debt upon a sealed bill. It is brought in the name of *Sebring*the obligee, but for the benefit of *Daniel Latourette,*into whose hands it had come, but without assignment.

The plaintiff on the trial, instead of calling the instrumental witness to prove the execution of the bill, called one *Stryker,*a constable, who testified that he had had sundry executions in his hands against *Sebring,*the obligee, at the suit of *Latourette,*the real plaintiff; that he had received this bill from the said *Sebring,*as security for the payment of the said executions, and had handed the same to the said *Latourette;*and that *Hogland,*the defendant, had acknowledged to him, that he owed on the said bilL 60 or 70 dollars, which he would pay to any holder of the bill, provided it was not called out of his hands by a certain mortgage, &c.

There was some further evidence given by this constable, but this was the whole proof of the execution of the bill, and of the balance due upon it. And upon this state of the case the defendant moved for a nonsuit, but was overruled by the justice.

Now it is a settled principle, that in actions upon bonds and *other instruments under seal, the subscribing witness must always be called to prove the execution of them, unless some reason is shewn why he cannot be procured ; and that no confession of the obligor made, or pretended to be made, to a third person, is sufficient. *Esp.*257. *Doug.*205. Especially it is so in this case, where the execution of the bill was not pretended to have been *118acknowledged, but only an admission of abalance due, and that upon a contingency. Nor was there any pretence that the subscribing witness could not be produced, for he was actually present in court, and was afterwards offered by the defendant to prove the circumstances of the transaction, but was rejected by the justice.

Without taking notice of other objections to this proceeding, for this one

Let the judgment be reversed-
§ 1207.2 FHFA workforce diversity; Equal Employment Opportunity Program. ( a ) *Responsibility.* FHFA's Office of Minority and Women Inclusion (OMWI) shall have overall responsibility for diversity and inclusion in FHFA's employment practices.
( b ) *General.* FHFA shall maintain an Equal Employment Opportunity (EEO) program consistent with the Equal Employment Opportunity Commission requirements for Federal agencies and Executive Order 11478.
( c ) *Workforce diversity.* FHFA shall not discriminate in employment against any person because of race, color, religion, national origin, sex, age, genetic information, disability, sexual orientation, gender identity, or status as a parent.
( d ) *Affirmative steps for workforce diversity.* FHFA shall take affirmative steps to seek diversity in its workforce, at all levels of the agency, in a manner consistent with applicable law. Such steps shall include: ( 1 ) Recruiting at historically Black colleges and universities, Hispanic-serving institutions, women's colleges, and colleges that typically serve the individuals with disabilities and majority minority populations;
( 2 ) Sponsoring and recruiting at job fairs in urban communities;
( 3 ) Placing employment advertisements in media oriented toward minorities and women;
( 4 ) Partnering with organizations that are focused on developing opportunities for minorities and women to place talented minorities and women in industry internships, summer employment, and full-time positions; and
( 5 ) Where feasible, partnering with inner-city high schools, girls' high schools, and high schools with majority minority populations, to establish or enhance financial literacy and provide mentoring.
REPLEVIN — WRONGFUL TAKING.

[Lucas Circuit Court,

December Term, 1893.]

Bentley, Haynes and Scribner, JJ,

#### * Olin W. Benster v. Frank Powell et al.

Owner oe Goods Taken May Elect as To his Remedy.

In replevin where the constable takes goods not called for in the writ and turns them over to the plaintiff, who converts them to his own use, the defendant is not compelled to work out his remedy in the replevin suit, but may maintain a separate action.

Error to the Court of Common Pleas of Lucas county.

*O. S. Brumback,*for plaintiff in error.

*E. IV. Tollerion,*for defendants in error.

*

 For a later decision in this case, see 5 Circ.Dec., 206. See also 58 O. S., 735, affirming.

Bentley, J.

Powell et al., defendants, commenced an action in replevin before a justice of the peace, against the plaintiff Benster for certain machinery and articles described in their affidavit in that case. At the time of executing said writ, the constable to whom it was delivered, took from Benster’s possession and against Benster’s will, a large number of articles of personal property of great value, which were not described in said affidavit or writ, and many of them were such as not to suggest the idea that they might be comprehended in the description given in said affidavit or writ. The constable turned all said articles of property over to said Powell et al., who kept the same and converted them to their own pse, and Benster brought this action for damages for such taking and conversion. The court of common pleas, on the trial of this cause, held that he must work out whatever Remedy he had in said replevin action, and that he could not maintain this separate action, and instructed the jury to return a verdict for the defendant, which was done, and judgment rendered thereon in favor of the defendants.

*Held:*That the said action of the court of common pleas was erroneous ' and its said judgment is reversed, and said verdict is set aside and the cause remanded to said court of common pleas for a new trial and further proceedings according to law.
&%,5(3/$&(0(173$*( 



(3$+42:





'&1   6*($









7+()2//2:,1*+$6%((15(029('%(&$86(,7

&217$,16&21),'(17,$/%86,1(66,1)250$7,21

&%,3(5&)53$5768%3$57%
<TABLE> <S> <C>

<ARTICLE>                     5


<S>                                                    <C>
<PERIOD-TYPE>                                          3-MOS
<FISCAL-YEAR-END>                                      JUN-30-2000
<PERIOD-START>                                         JUL-01-1999
<PERIOD-END>                                           SEP-30-1999
<CASH>                                                 22,772
<SECURITIES>                                           971,578
<RECEIVABLES>                                          697,283
<ALLOWANCES>                                           403,200
<INVENTORY>                                            0
<CURRENT-ASSETS>                                       1,272,951
<PP&E>                                                 31,363
<DEPRECIATION>                                         0
<TOTAL-ASSETS>                                         9,918,071
<CURRENT-LIABILITIES>                                  81,419
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               14,083,393
<OTHER-SE>                                             (4,246,741)
<TOTAL-LIABILITY-AND-EQUITY>                           9,918,071
<SALES>                                                0
<TOTAL-REVENUES>                                        0
<CGS>                                                  0
<TOTAL-COSTS>                                          86,341
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                        (86,341)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    (86,341)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                           (86,341)
<EPS-BASIC>                                            (0.00)
<EPS-DILUTED>                                          (0.00)


</TABLE>
#### § 308.510 Referral of complaint and answer to the ALJ.

Upon receipt of an answer, the reviewing official will file the complaint and answer with the ALJ. The reviewing official will include the name, address, and telephone number of a representative of the Corporation.
<TABLE> <S> <C>



        <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET, THE STATEMENT OF OPERATIONS, AND THE STATEMENT OF CASH FLOWS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          48,307
<SECURITIES>                                    72,000
<RECEIVABLES>                                  129,941
<ALLOWANCES>                                         0
<INVENTORY>                                    201,452
<CURRENT-ASSETS>                               451,700
<PP&E>                                       1,268,539
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,738,926
<CURRENT-LIABILITIES>                          502,159
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        794
<COMMON>                                        44,524
<OTHER-SE>                                   4,693,608
<TOTAL-LIABILITY-AND-EQUITY>                 4,738,926
<SALES>                                      1,083,532
<TOTAL-REVENUES>                             1,083,532
<CGS>                                          273,423
<TOTAL-COSTS>                                  814,296
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            269,236
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   269,236
<EPS-BASIC>                                    0.007
<EPS-DILUTED>                                    0.007


</TABLE>
Exhibit
32.1




CERTIFICATION
PURSUANT TO


18 U.S.C.
ss.1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report of Datascension Inc. (the "Company") on
Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities
and Exchange Commission on the date therein specified (the "Report"), I, D.
Scott Kincer, Chief Executive Officer and Principal Accounting Officer of the
Company, certify pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section
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) of the Securities
Exchange Act of 1934; and





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





/s/ D. Scott KincerDAVID
      SCOTT KINCER
                CEO
      and Prin. Executive Officer





Dated:
December __, 2008
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 06767

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

06767\06767_ Certification Statement.PDF Plant certification statement

06767\06767_ Completeness Checklist.xls EPA Completeness Review Checklist

06767\06767_ HardcopyLog.doc EPA log of hardcopy documents submitted

x 06767\06767_Checklist.xls EPA Technical Review Checklist Workbook

x 06767\06767_Part A.xls Plant submitted survey file

x 06767\06767_Part B.xls Plant submitted survey file

x 06767\06767_Part C.xls Plant submitted survey file

x 06767\06767_Part D.xls Plant submitted survey file

x 06767\06767_Part H.xls Plant submitted survey file

x 06767\Supporting Documents\06767_2010 Nixon Water Balance - ICR.pdf Plant submitted supplemental files to the survey

06767\Supporting Documents\06767_Bottom Ash Drag Chain System Diagram.pdf Plant submitted supplemental files to the survey

x 06767\Supporting Documents\06767_Prt D WWT-1 Zero Discharge Plant Flow Diagram.pdf Plant submitted supplemental files to the survey

x 06767\Supporting Documents\06767_Ray D Nixon Part A5-2 Site Map.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
### Digital classification of Landsat data for vegetation and land-cover mapping in the Blackfoot River watershed, southeastern Idaho

By: L. R. Pettinger

                            https://doi.org/10.3133/pp1219

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

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§ 2.2 Definitions. ( a ) *Bank* means a national banking association.
( b ) *Credit life insurance* means credit life, health, and accident insurance, sometimes referred to as credit life and disability insurance, and mortgage life and disability insurance.
( c ) *Owning an interest* includes: ( 1 ) Ownership through a spouse or minor child;
( 2 ) Ownership through a broker, nominee, or other agent; or
( 3 ) Ownership through any corporation, partnership, association, joint venture, or proprietorship, that is controlled by the director, officer, employee, or principal shareholder of the bank.
( d ) *Officer, director, employee, or principal shareholder* includes the spouse and minor children of an officer, director, employee, or principal shareholder.
( e ) *Principal shareholder* means any shareholder who directly or indirectly owns or controls an interest of more than ten percent of the bank's outstanding voting securities.
[61 FR 51781, Oct. 4, 1996, as amended at 73 FR 22235, Apr. 24, 2008]