alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 17,491.

#### Johnson *v.*Eberhart, Sheriff.

Supreme Court *Practice.*— Appeal *from Decision not Excepted to.*— No *Question Presented.*— Where it appears that no exception was taken to the decision from which the appeal is taken, no question is presented on appeal.

From the St. Joseph Circuit Court.

*H. G.*Dodge, for appellant.

Hackney, J.

— The appellant was tried and convicted, before a justice of the peace, of a misdemeanor, and, having appealed from said conviction to the circuit court, his bail procured a copy of the recognizance certified by the clerk of said court, and by virtue thereof had one Starrett to take the appellant and deliver him, with said copy, to the appellee, sheriff of St. Joseph county.

The appellant, hf<<, ing been taken and detained in custody by the appellee, sought, in the lower court, the writ of *habeas corpus,*his petition alleging the facts above stated as the only authority for his detention. The writ having been denied, he appeals to this court, and insists that his detention is without authority of law.

The record consists of the petition and the action thereon, stated as follows: "And the petition having been read, the writ is refused for the reason that it appears that the defendant is held for want of bail on a final judgment of a justice of the peace; that his sureties on his recognizance have surrendered him to the sheriff.”

It thus appears that no exception was taken to the decision from which the appeal is taken.

The statute, R. S. 1894, section 638 (R. S. 1881, section 626), provides that "The party objecting to the decision must except at the time the decision is made.”

*211Filed Jan. 9, 1895.

This requirement can not he dispensed with. *Fletcher*v. *Waring,*137 Ind. 159, and authorities there cited.

As no question is before us for decision, we can but suggest that under sections 1786 and 1788, R. S. 1894 (sections 1717 and 1719, R. S. 1881), the detention of the appellant, under the circumstances, was expressly-authorized. Clark *v*. *State, ex rel.,*125 Ind. 1; *Turner*v. *Wilson,*49 Ind. 581.

The judgment of the circuit court is affirmed.
exv4w2





Exhibit 4.2







	NYTEX Energy Holdings, Inc.
Warrant Holder:
Warrant Number:
No. of Shares:
WARRANT TO PURCHASE COMMON STOCK
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“ACT”), OR
APPLICABLE STATE SECURITIES LAWS. THE WARRANTS HAVE BEEN ACQUIRED FOR INVESTMENT AND MAY NOT BE
SOLD OR OFFERED FOR SALE IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR AN
OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED. NO SALE OR OFFER
TO SELL THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT SHALL BE MADE IN THE ABSENCE OF AN
EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT WITH RESPECT TO SUCH SECURITIES, OR AN OPINION OF
COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION OF SUCH SECURITIES IS NOT REQUIRED.
This certifies that for value received the Warrant Holder indicated above is entitled (subject to
the terms and conditions herein) to purchase $.001 per share, of the Company (“Shares”), subject to
adjustment, on presentation and surrender of this Warrant, at any time during the period commencing
with the date hereof and ending three years from such date to the Company at its principal
executive offices in Dallas. Texas or at such other location within the United States of which
notice shall have been given to the holder hereof, and on payment therefor of an exercise price of
$.50 (Fifty Cents) per share each.
This Warrant is exercisable at the option of the holder in whole or in part. Upon any exercise in
part by the holder hereof, the Company will issue a new replacement warrant to the holder for the
number of shares for which the holder has not previously exercised his rights hereunder. The terms
and conditions of exercise, as well as the expiration date, shall remain the same for each
replacement warrant covering unexercised shares. In the absence of the registration of this Warrant
and the Shares exercisable thereunder under the Securities Act of 1933. as amended, this Warrant is
not transferable in whole or in part by the holder hereof, except it may be transferred in whole or
in part to a member of the holder’s immediate family, to a family trust, or to another entity
controlled by the holder or a family member or family trust. In the event of such a permitted
transfer, appropriate replacement warrants will be issued by the Company to the holder and each
transferee.
IN WITNESS WHEREOF the Company has caused this Warrant to be issued and delivered this day of , 2009
SECRETARY/TREASURER
PRESIDENT
§ 91.138 Temporary flight restrictions in national disaster areas in the State of Hawaii. ( a ) When the Administrator has determined, pursuant to a request and justification provided by the Governor of the State of Hawaii, or the Governor's designee, that an inhabited area within a declared national disaster area in the State of Hawaii is in need of protection for humanitarian reasons, the Administrator will issue a Notice to Airmen (NOTAM) designating an area within which temporary flight restrictions apply. The Administrator will designate the extent and duration of the temporary flight restrictions necessary to provide for the protection of persons and property on the surface.
( b ) When a NOTAM has been issued in accordance with this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met: ( 1 ) That person has obtained authorization from the official in charge of associated emergency or disaster relief response activities, and is operating the aircraft under the conditions of that authorization.
( 2 ) The aircraft is carrying law enforcement officials.
( 3 ) The aircraft is carrying persons involved in an emergency or a legitimate scientific purpose.
( 4 ) The aircraft is carrying properly accredited newspersons, and that prior to entering the area, a flight plan is filed with the appropriate FAA or ATC facility specified in the NOTAM and the operation is conducted in compliance with the conditions and restrictions established by the official in charge of on-scene emergency response activities.
( 5 ) The aircraft is operating in accordance with an ATC clearance or instruction.
( c ) A NOTAM issued under this section is effective for 90 days or until the national disaster area designation is terminated, whichever comes first, unless terminated by notice or extended by the Administrator at the request of the Governor of the State of Hawaii or the Governor's designee.
[Doc. No. 26476, 56 FR 23178, May 20, 1991, as amended by Amdt. 91-270, 66 FR 47377, Sept. 11, 2001]
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M A N G A N A -H E IN

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M A N G A N A -H E IN R D

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H E IN

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M A N G A N A -H E IN R D

M A N G A N A

H E IN

R D

M A N G A N A -H E IN R D

Blan

cas Creek

El Jaral Creek

Dolores

Creek

Dolores Creek

Blancas Creek

D

olores Creek

Blancas Creek

Dolores

Creek

Blancas Creek

Blancas Creek

Blancas Creek

Dolores

Cree

k

Blancas

Creek

D

olores Creek

Dolores

Creek

Carlos Vela

Lake Dam

Hubbard Lake

Number 2 Dam

Retama

Creek

Las

Ovejas

Creek

Arroyo

Salado

East

Laredo

South

O'Keefe

Lake

Agua Azul

Creek West

Blancas

Creek

South

Arroyo

Salado

West

Blancas

Creek

North

FEET

FEET

700 000FEET

99°15'

15'

17'

30"

15'

22' 20'

99°

22'

30"

99°

27°

22'30" 15'

99°

30" 27°

30" 17'

30"

27° 27°

22'

30" 17'

20'

30"

20'

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17 020 000

740 000FEET

16 990000

E

30 000m

4 4 4 4 4

4

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000m

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000m

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4 4

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000m

27 N

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N

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E

69

65 69 71

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64 65 66 71 72 73 74

72 74

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22 22

20

16

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

TX 2799-131

BLANCAS CREEK SOUTH, TX

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

BLANCAS CREEK SOUTH QUADRANGLE

TEXAS

7.5-MINUTE SERIES

Zone 14R

Imagery......................................................NAIP, April 2008

Roads.....................................US Census Bureau TIGER data

with limited USGS updates, 2008

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 1995

Contours............................National Elevation Dataset, 2004

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983

(south zone)

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is also draft version 0.5.10

SCALE 1:24 000

1 0.5 0 1

MILES

MN

1 0.5 0 KILOMETERS 1 2

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

0° 9 ́

3 MILS

5° 34 ́

99 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

14R

MR

CONTOUR INTERVAL 10 FEET
#### Duncan vs. Ray, survivor, &c.

UTICA,

July, 1838.

A variance of a year, as to the time of the sale of a horse, between a bill of particulars and the evidence given on the trial Will not be regarded.

Error from the New-York common pleas. Ray sued Duncan to recover the price of a mare sold to him. The sale was proved to have taken place in October, 1825. The counsel for the defendant objected to the evidence, and prayed the court to exclude it from the consideration of the jury, on the ground that the plaintiff had furnished a bill *of particulars,*in which he had stated that he sought to recover the price of a mare sold by himself and partner to the defendant *on or about*October 13th, 1824. The defendant insisted upon the *variance.*The court refused to exclude the testimony from the consideration of the jury, and the defendant excepted. The plaintiff having obtained a verdict, entered judgment and the defendant sued out a writ of error.

*A. G. Rogers,*for the plaintiff in error.

*W. P. Hawes,*for the defendant in error.

*By the Court,*

Nelson, Ch. J.

The objection of *variance*between the *bill of particulars*and the evidence of sale was properly disregarded, as is manifest from the following cases : 2 Taunt. 224; 1 Campb. 69, n.; 3 Maule & Selw. 380; 3' Bing. 3 ; 3 Wendell, 344; 4 id. 360.

Judgment affirmed.
§ 415.25 Application requirements for policy review. In its launch license application, an applicant shall— ( a ) Identify the model and configuration of any launch vehicle proposed for launch by the applicant.
( b ) Identify structural, pneumatic, propellant, propulsion, electrical and avionics systems used in the launch vehicle and all propellants.
( c ) Identify foreign ownership of the applicant as follows: ( 1 ) For a sole proprietorship or partnership, identify all foreign ownership;
( 2 ) For a corporation, identify any foreign ownership interests of 10% or more; and
( 3 ) For a joint venture, association, or other entity, identify any participating foreign entities.
( d ) Identify proposed launch vehicle flight profile(s), including: ( 1 ) Launch site;
( 2 ) Flight azimuths, trajectories, and associated ground tracks and instantaneous impact points;
( 3 ) Sequence of planned events or maneuvers during flight;
( 4 ) Range of nominal impact areas for all spent motors and other discarded mission hardware, within three standard deviations of the mean impact point (a 3-sigma footprint); and
( 5 ) For each orbital mission, the range of intermediate and final orbits of each vehicle upper stage, and their estimated orbital lifetimes.
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 Agriculture

###### Rural Telephone Bank 

# TIME AND DATE:

 2:00 p.m., Thursday, May 11, 2000. 

# PLACE: 

Room 5030, South Building, Department of Agriculture, 1400 Independence Avenue, SW, Washington, DC. 

# STATUS:

 Open. 

# MATTERS TO BE DISCUSSED: 

1. Current telecommunications industry issues. 

2. Status of PBO planning and recommendations to accelerate privatization of the Bank. 

3. President's proposed budget for FY 2001. 

4. Office of the Inspector General's audit report on FY 1999 financial statements. 

5. FY 1999 annual report of the Board. 

6. Administrative issues. 

# TIME AND DATE:

 9:00 a.m., Friday, May 12, 2000. 

# PLACE:

Room 104-A, The Williamsburg Room, Department of Agriculture, 12th & Jefferson Drive, SW, Washington, DC. 

# STATUS:

Open. 

# MATTERS TO BE CONSIDERED:

The following matters have been placed on the agenda for the Board of Directors meeting: 

1. Call to order. 

2. Action on Minutes of the February 11, 2000, board meeting. 

3. Report on loans approved in the second quarter of FY 2000. 

4. Report on second quarter financial activity for FY 2000. 

5. Privatization Committee report. 

6. Action on the Bank's annual report for FY 1999. 

7. Adjournment. 

# CONTACT PERSON FOR MORE INFORMATION:

 Roberta D. Purcell, Assistant Governor, Rural Telephone Bank, (202) 720-9554. 

      ( print page 25905)    
Dated: April 28, 2000.

Christopher McLean, 

Acting Governor, Rural Telephone Bank. 

[FR Doc. 00-11279 Filed 5-2-00; 2:48 pm] 

BILLING CODE 3410-15-P
[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Notices]
[Page 2942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1180]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2474-004 New York]


Erie Boulevard Hydropower L.P.; Notice Extending Time To Comment 
on Draft Environmental Assessment

 January 12, 2000.
    The Federal Energy Regulatory Commission issued a Draft 
Environmental Assessment (DEA) on November 24, 1999, considering 
issuance of a new license for the Oswego River Hydroelectric Project, 
located on the Oswego River in Oswego County, New York, in accordance 
with the National Environmental Policy Act of 1969 and the Federal 
Energy Regulatory Commission's (Commission's) regulations, 18 CFR Part 
380 (Order No. 486, 52 FR 47897). In the DEA, the Commission's staff 
has analyzed the potential environmental impacts of the existing 
project and has concluded that approval of the project, with 
appropriate environmental protection measures, would not constitute a 
major federal actions significantly affecting the quality of the human 
environment.
    The Commission requested comments on the DEA within 45 days, or by 
January 8, 2000. Erie Boulevard Hydropower L.P., in its December 27, 
1999 letter, requested an extension of time to complete its review of 
the DEA. In consideration of the holidays which fell during the review 
period, I am extending the DEA comment period until January 31, 2000.
    Copies of the DEA will remain available for review in the Public 
Reference Branch, Room 2-A, of the Commission's offices at 888 First 
Street, NE, Washington, DC 20426.
    Anyone wishing to comment in writing on the DEA must do so no later 
than January 31, 2000. Comments should be addressed to: David P. 
Boergers, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE, Washington, DC 20426. Please affix on the first page the 
caption ``Oswego River Project No. 2474-004'' to all comments and 
letters.
    For further information, please contact Charles T. Raabe at (202) 
219-2811.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-1180 Files 1-18-00; 8:45 am]
BILLING CODE 6717-01-M
# Exhibit A

### 1 

# Main Booking Engine

Displays full fare and provides opportunity to view breakdown.

### 2 If the consumer clicks on "fare breakdown," this box will appear. Carrier-imposed surcharges are clearly listed separately from government-imposed taxes.

### 3 The consumer can view additional detail by clicking on the tabs. Note that the information regarding carrier-imposed charges is contained under a completely separate tab from the government-imposed fees.

### 4 The consumer can view additional detail by clicking on the tabs. Note that the information regarding carrier-imposed charges is contained under a separate tab from the government-imposed fees.5 

# Booking Engine for Award Travel

Displays full fare in miles and monetary amount and provides opportunity to view breakdown.6 If the consumer clicks on "fare breakdown," this box will appear. It clearly separates carrier-imposed surcharges from government-imposed taxes. As in the main booking engine, consumers can click on the separate tabs at the top to obtain more detail.7 The next step provides another clear disclosure regarding the full fare and provides another opportunity to view the breakdown.

# Exhibit B1Correction of Heading with Inadvertent Error, completed within hours of receiving theComplaint.22Correction of Heading with Inadvertent Error, completed within hours of receiving theComplaint.
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 Health and Human Services

###### National Institutes of Health

      ( print page 30423)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Library of Medicine Special Emphasis Panel; Internet Connections for Medical Institutions.                    

*Date:*                         June 8-9, 2000.                    

*Time:*                         June 8, 2000, 1:30 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Marriott Hotel, 5151 Pooks Hill Road, Bethesda, MD 20814.                    

*Time:*                         June 9, 2000, 8:30 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Marriott Hotel, 5151 Pooks Hill Road, Bethesda, MD 20814.                    

*Contact Person:*                         Sharee Pepper, Scientific Review Administrator, Health Scientist Administrator, Office of Extramural Programs, National Library of Medicine, 6705 Rockledge Drive, Suite 301, Bethesda, MD 20892, (301) 594-4933.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.879, Medical Library Assistance, National Institutes of Health, HHS)

Dated: May 3, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-11759  Filed 5-10-00; 8:45 am]

BILLING CODE 4140-01-M
1107 (1996); see also Cullen v. Pinholster, 563 U.S. 131 S. Ct.

1388, 1408 (2011) ("Surmounting Strickland's high bar is never an easy task." (quotation marks omitted) (alteration omitted)). We conclude that the district court did not err by rejecting Patterson's ineffective-assistance claims, and we

ORDER the judgment of the district court AFFIRMED.

Hardesty

) 

## to 

# ONsza Douglas Cherry

cc: Hon. Lidia Stiglich, District Judge Edward T. Reed Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 2

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LETTERED PROFILES «
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seme HOT SPRINGS
AREA

»  NRBORNE GEOPHYSICAL SU

INDEX MAP SHOWING DETAILED LOCATION OF

AIRBORNE GEOPHYSICAL SURVEYS IN SEWARD

PENINSULA, 1968. COVERAGE CONFINED TO

AREAS OUTLINED BY DASHED LINES PLUS j

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RVEYS. IN SEWAF
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ARTHUR McHUGH, MARY ANN McHUGH and

ATLANTIS COIN & JEWELRY, INC.,

Appellants,

v.

PATMARKAT CORPORATION d/b/a J & J AUTO ELECTRIC,

Appellee.

No. 4D16-1355

[November 2, 2017]

Appeal and cross-appeal from the Circuit Court for the Fifteenth 

Judicial Circuit, Palm Beach County; Meenu T. Sasser, Judge; L.T. Case 

No. 502012CA018554XXXXMB.

Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, 

and Peter A. Dyson of Metnick, Levy & Dyson, Delray Beach, for 

appellants. 

Richard A. Sherman, Sr. and James W. Sherman of Richard A. 

Sherman, P.A., Fort Lauderdale and Anthony P. Corsini of Flanagan & 

Maniotis, P.A., West Palm Beach, for appellee.

PER CURIAM.

Affirmed

LEVINE, FORST and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.