alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 15

- 00099

- CR

JAMES FRIEND, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 14F0439

- 102

Before Morriss, C.J., Moseley and Burgess, JJ.2 

### O R D E R James Friend appeals from his conviction of murder. Friend’s appellate counsel has filed
a moti on to supplement the record on appeal and to stay the briefing deadlines. This motion is based on the fact that three motions and one brief presented to the trial court on Friend’s behalf do not appear in the clerk’s record: (1) defendant’s motion to lim it jury argument, (2) defendant’s motion in limine, (3) defendant’s motion to invoke husband

- wife confidential communication privilege, and (4) brief in support of admission of certain bad acts of the decedent. According to Friend, the Bowie County Distri ct Clerk’s O ffice indicated that the subject documents were not included in the clerk’s record because they were not filed in that office. Friend complains that, without copies of the written motions and brief in the clerk’s record, he is unable to determ ine whether the denial of those motions present points of error for appeal. Ultimately, Friend seeks an abatement to the trial court for correction of what he deems an inaccurate clerk’s record. It is a party’s responsibility to file all motions or other documents he wishes to appear in the district clerk’s file. See T EX
. R. C IV
. P . 21. Documents not filed with the district clerk will typically not appear in the clerk’s record. The fact that the missing motions and brief do not appear in the district clerk’s record indicates that Friend failed to file them with the district clerk. Here, however, the reporter’s record indicates that at least one of the above

- listed documents may have been filed by the trial court. We, therefore, abate this appeal to the trial court pursuant to Rule 34.5(d) of the Texas Rule s of Appellate Procedur e. See T EX
. R. A PP
. P . 34.5(d). The trial court is to conduct a hearing and determine whether one or more of the aforementioned documents was filed with the trial court.3

Each such document that is found to have been filed by the trial court is to be incl uded in a supplemental clerk’s record in accordance with Rule 34.5(c) of the Texas Rule s of Appellate Procedure. See T EX
. R. A PP
. P . 34.5(c). The hearing shall be conducted by the trial court within twenty days of the date of this order, or on or before N ovember 24, 2015. The trial court’s findings concerning the above matter shall be submitted to this Court in the form of a supplemental clerk’s record, together with each such document listed above that was filed by the trial court. The supplemental cler k’s and reporter’s record s of that hearing shall be prepared immediately and shall be received by this Court no later than December 4, 2015. No extensions will be granted. All appellate timetables are stayed and will resume on our receipt of either the

su pplemental clerk’s or reporter’s record.
IT IS SO ORDERED.
BY THE COURT
Date: November 4, 2015
Exhibit 32

Certification of the Chief Executive Officer and Chief Financial Officer of
Capital Solutions 1, Inc. pursuant to Section 906 of the Sarbanes Oxley Act of
2002

                            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 Amended Annual Report on Form 10-KSB/A of Capital
Solutions 1, Inc. (the "Company") for the year ended May 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Christopher Astrom, Chief Executive Officer and Chief Financial
Officer of Capital Solutions 1, Inc., 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 results of operations of the Company.

Dated: August 14, 2006

                                      /s/ CHRISTOPHER ASTROM
                                      -----------------------
                                      Christopher Astrom
                                      Chief Executive Officer

                                      /s/ CHRISTOPHER ASTROM
                                      -----------------------
                                      Christopher Astrom
                                      Chief Financial Officer
S. J. Res. 35 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

Joint Resolution 

To amend Public Law 108–331 to provide for the construction and related activities 

in support of the Very Energetic Radiation Imaging Telescope Array System 

(VERITAS) project in Arizona. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, 

SECTION 1. LOCATION OF VERITAS PROJECT. 

Public Law 108–331 (118 Stat. 1281) is amended— 

(1) in the long title, by striking ‘‘on Kitt Peak near Tucson, 

Arizona’’ and inserting ‘‘in Arizona’’; and 

(2) in section 1, by striking ‘‘on Kitt Peak near Tucson, 

Arizona’’ and inserting ‘‘at the Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, or other similar 

location’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
          THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
          FROM FINANCIAL STATEMENTS WITH FISCAL YEAR ENDED JUNE 30, 1997
          AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL 
          STATEMENTS
</LEGEND>
<CIK>                         0000060128
<NAME>                        LOGIMETRICS
<MULTIPLIER>                                   1,000
<CURRENCY>                                       U.S
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         JUN-30-1997
<PERIOD-END>                              JUN-30-1997
<EXCHANGE-RATE>                                   1
<CASH>                                        368,327
<SECURITIES>                                        0
<RECEIVABLES>                               2,306,464
<ALLOWANCES>                                 (150,000)
<INVENTORY>                                 3,349,036
<CURRENT-ASSETS>                            6,748,352
<PP&E>                                      2,754,948
<DEPRECIATION>                              2,134,705
<TOTAL-ASSETS>                              7,623,500
<CURRENT-LIABILITIES>                       9,711,293
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                   990,564
<COMMON>                                      223,914
<OTHER-SE>                                  2,134,705
<TOTAL-LIABILITY-AND-EQUITY>                7,623,500
<SALES>                                    11,374,182
<TOTAL-REVENUES>                           11,374,182
<CGS>                                       8,563,694
<TOTAL-COSTS>                              12,731,707
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            763,801
<INCOME-PRETAX>                            (2,121,326)
<INCOME-TAX>                                  380,000
<INCOME-CONTINUING>                        (2,501,326)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                               (2,501,326)
<EPS-PRIMARY>                                   (0.12)
<EPS-DILUTED>                                   (0.12)
        



</TABLE>
#### § 452.21 Members of executive board.

The phrase “a member of its executive board or similar governing body” refers to a member of a unit identified as an executive board or a body, whatever its title, which is vested with functions normally performed by an executive board. Members of a committee which is actually the executive board or similar governing body of the union are considered officers within the meaning of section 3(n) of the Act even if they are not so designated by the union's constitution and bylaws. For example, members of an “Executive-Grievance Committee” which exercises real governing powers are officers under the Act. However, it should be noted that committee membership alone will not ordinarily be regarded as an indication of officer status, unless the committee or its members meet the requirements contained in section 3(n) of the Act.
FILED 

U.S. COURT OF APPEALS

 ELEVENTH CIRCUIT 

 November 17, 2005 

 THOMAS K. KAHN 

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-13818

Non-Argument Calendar

________________________

D. C. Docket No. 05-00026-CV-HL-5

FRED CROSS, 

Plaintiff-Appellant, 

versus 

ARCH W. MCGARITY, 

E. BYRON SMITH, 

DR. STEPHEN R. PORTCH, 

ROBERT T. TRAMMELL, 

DAVID A. BELL, 

Defendants-Appellees. 

________________________

Appeal from the United States District Court

for the Middle District of Georgia

_________________________

(November 17, 2005)

Before MARCUS, WILSON and PRYOR, Circuit Judges.
2

PER CURIAM:

Fred Cross, proceeding pro se, appeals the dismissal of his complaint for

failure to serve process on the defendants under Federal Rule of Civil Procedure

4(m). We affirm. 

We review for abuse of discretion a dismissal without prejudice for failure to

serve process. Brown v. Nichols, 8 F.3d 770, 775 (11th Cir. 1993). Rule 4(m)

provides, “If service of the summons and complaint is not made upon a defendant

within 120 days after the filing of the complaint, the court, upon motion or its own

initiative after notice to the plaintiff, shall dismiss the action without prejudice . . . . 

[I]f the plaintiff shows good cause for the failure, the court shall extend the time

for service for an appropriate period.” Fed. R. Civ. P. 4(m). Cross filed his

complaint on January 25. On June 16, the period of 120-days to serve process

elapsed. On June 20, the district court ordered Cross to show cause for his failure

to serve process. Cross timely responded on June 27, and in his response, Cross

stated his erroneous belief that the court would serve process for him. The district

court dismissed his complaint on June 30.

 A court may grant an extension to serve process for either “good cause” or

another sufficient ground. Horenkamp v. Van Winkle & Co., 402 F.3d 1129, 1132

(11th Cir. 2005). “Good cause” exists “when some outside factor such as reliance
3

on faulty advice, rather than inadvertence or negligence, prevented service.” 

Prisco v. Frank, 929 F.2d 603, 604 (11th Cir. 1991). Sufficient grounds other than

“good cause” are within the discretion of the district court as guided by the

examples provided in the advisory committee’s notes to Rule 4(m). Horenkamp,

402 F.3d at 1132; Fed. R. Civ. P. 4(m), advisory committee’s notes, 1993

amendments. Cross did not provide “good cause” for his failure to serve process,

and Rule 4(c)(1) provides that Cross, not the court, was responsible for service of

process. The district court did not abuse its discretion when it dismissed Cross’s

complaint.

AFFIRMED.
#### § 2205.101 Purpose.

This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of disability in programs or activities conducted by Executive agencies or the United States Postal Service. This part also effectuates section 508 of the Rehabilitation Act of 1973, as amended, with respect to the accessibility of electronic and information technology developed, procured, maintained, or used by the agency.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Transportation Safety Board

# TIME AND DATE:

9:30 a.m., Wednesday, May 31, 2000.

# PLACE:

NTSB Board Room, 429 L'Enfant Plaza, SW., Washington, DC 20594.

# STATUS:

 Open to the Public.

# MATTERS TO BE CONSIDERED:

7009A—Marine Accident Report: Ramming of the Eads Bridge by Barges in Tow of the M/V Anne Holly with Subsequent Ramming and near breakaway of the President of the Casino on the Admiral, St. Louis, Missouri, on April 4, 1998.

      ( print page 33378)    

# NEWS MEDIA CONTACT:

Telephone: (202) 314-6100.

Individuals requesting specific accommodation should contact Mrs. Barbara Bush at (202) 314-6220 by Friday, May 26, 2000.

# FOR MORE INFORMATION CONTACT:

Rhonda Underwood (202) 314-6065.

Dated: May 19, 2000.

Rhonda Underwood,

Federal Register Liaison Officer.

[FR Doc. 00-13091  Filed 5-19-00; 2:58 pm]

BILLING CODE 7590-01-M
<PAGE>

                                                                  Exhibit 4.3(c)

                          HOLDINGS ASSUMPTION AGREEMENT


                                                                    May 11, 1999


Reference is hereby made to the Purchase Agreement, dated April 30, 1999 (the
"Agreement"), between Healthtrust, Inc.-The Hospital Company ("Healthtrust") and
the Purchasers named therein and the Triad Assumption Agreement, dated May 11,
1999, between Healthtrust and Triad Hospitals, Inc. ("Triad"). Unless otherwise
defined herein, terms defined in the Agreement and used herein shall have the
meanings given them in the Agreement.

Triad Hospitals Holdings, Inc. ("Holdings") hereby unconditionally and
irrevocably expressly assumes, confirms and agrees to perform and observe as the
"Company" each and every of the covenants, agreements, terms, conditions,
obligations, appointments, duties, promises and liabilities of Triad under the
Agreement, and upon the Business being validly transferred to Holdings, the
assumption by Holdings of the indebtedness evidenced by the Securities and Triad
and Holdings executing and delivering this Holdings Assumption Agreement, Triad
shall fully, unconditionally and irrevocably be released of all covenants,
agreements, terms, conditions, obligations, appointment, duties, promises and
liabilities under the Agreement.

Each of the undersigned hereby agrees to promptly execute and deliver any and
all further documents and take such further action as any other undersigned
party or the Representatives may reasonably require to effect the purpose of
this Holdings Assumption Agreement.

This Holdings Assumption Agreement shall be governed by and construed in
accordance with the laws of the State of New York.


                                       TRIAD HOSPITALS, INC.


                                       By:  /s/ Donald P. Fay
                                                Name:  Donald P. Fay
                                                Title:  Executive Vice President

                                       TRIAD HOSPITALS HOLDINGS,
                                         INC.


                                       By:  /s/ Donald P. Fay
                                                Name:  Donald P. Fay
                                                Title:  Executive Vice President
**EXHIBIT 32.1** **SECTION 1350    CERTIFICATION OF CHIEF EXECUTIVE OFFICER**     In connection with the Annual Report of Vector Group Ltd. (the    “Company”) on    Form 10-K    for the year ended December 31, 2007 as filed with the    Securities and Exchange Commission on the date hereof (the    “Report”), I, Howard M. Lorber, 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, to my knowledge:     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 results of    operations of the Company. /s/  Howard    M. Lorber    Howard M. Lorber    President and Chief Executive Officer     February 29, 2008
#### § 401.6 Employee.

*Employee* means any individual employed by an employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice or because of exclusion or expulsion from a labor organization in any manner or for any reason inconsistent with the requirements of this Act.
§ 4233.3 Application filing requirements. ( a ) *Method of filing.* PBGC applies the rules in part 4000, subpart A of this chapter to determine permissible methods of filing with PBGC under this part, and the rules in part 4000, subpart D of this chapter to determine the computation of time.
( b ) *Who may file.* An application for partition under section 4233 of ERISA must be submitted by the plan sponsor. The application must be signed and dated by an authorized trustee who is a current member of the board of trustees, and must include the following statement under penalties of perjury: “Under penalties of perjury, I declare that I have examined this application, including accompanying documents, and, to the best of my knowledge and belief, the application contains all the relevant facts relating to the application, and such facts are true, correct, and complete.” A stamped signature or faxed signature is not permitted.
( c ) *Where to file. See* § 4000.4 of this chapter for information on where to file.
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Home                 > Browse by Title > Recreation and Housing for Women War Workers: A Handbook on Standards

              																	United States. Women's Bureau					 and 	Robinson, Mary V. (Mary Viola). 						*Recreation and Housing for Women War Workers: A Handbook on Standards : Women's Bureau Bulletin, No. 190*,												Washington: 								Govt. Print. Off., 										1942,									https://fraser.stlouisfed.org/title/5463,			accessed on September 25, 2024.						    

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[No. 48519-9-I.

Division One.

October 21, 2002.]

#### Leighton Read Anderson, et al., *Appellants,*v. Dennis L. Griffin, et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 98-2-15235-4, Jay V. White, J., entered May 8, 2001. *Affirmed in part, reversed in part,*and *remanded*by unpublished opinion per Appelwick, J., concurred in by Kennedy and Agid, JJ.
#### § 4000.32 Does the PBGC have discretion to waive any requirements under this part?

We retain the discretion to waive any requirement under this part, at any time, if warranted by the facts and circumstances.
(79 South. 878)

#### GLOVER v. STATE.

(6 Div. 495.)

(Court of Appeals of Alabama.

May 7, 1918.)

Appeal from Circuit Court, Tuscaloosa County; H. B. Foster, Judge.

F. Loyd Tate, Atty. Gen., for the State.

SAMFORD, J.

The appeal is on the record, which seems to be in all things regular. Affirmed.
#### § 2700.25 Proposed penalty assessment.

The Secretary, by certified mail, shall notify the operator or any other person against whom a penalty is proposed of the violation alleged, the amount of the proposed penalty assessment, and that such person shall have 30 days to notify the Secretary that he wishes to contest the proposed penalty assessment.
#### § 4050.107 PBGC discretion.

PBGC may in appropriate circumstances extend deadlines, excuse noncompliance, and grant waivers with regard to any provision of this subpart to promote the purposes of the missing participants program and title IV of ERISA. Like circumstances will be treated in like manner under this section.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

PENNY LILLY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D20-982

[April 8, 2021]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 50-2020-

MH-000779-XXXX-SB.

Carey Haughwout, Public Defender, and L.K.S. Fagan, Assistant Public 

Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Barbara A. Junge, 

Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed.

LEVINE, C.J., GROSS and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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