alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### DeWitt C. Sutphen et al., appellees, v. George A. Joslyn, appellant; Gladys E. Kiplinger, appellee.

Filed January 31, 1913.

No. 17,236.

Appeal: Relief. Where it appears that the district court has erroneously vacated a former judgment and granted a new trial of an action in that court, the former judgment should be reinstated and affirmed.

Appeal from the district court for Douglas county: Alexander C. Troup, Judge.

*Reversed, and judgment of district court reinstated.*

*John G. Gowin*and *J. J. Sullivan,*for appellant.

*Rich, Gilbert & Rolan, contra.*

Barnes, J.

Gladys E. Kiplinger, formerly Gladys E. Sutphen, by her petition in equity, obtained an order setting aside a decree for the specific performance of a contract for the sale of certain real estate, and for a new trial; she having been a minor when the decree was rendered against her. By that decree it was adjudged that her father and grandfather took the fee title to the land in question therein under the will of her grandmother, Emily M. Sutphen; that as such fee owners they could convey a good title thereto; and the defendant Joslyn was required to spe*46cifically perform his contract of purchase thereof. After the new trial was granted she filed a demurrer to the answer and cross-petition of defendant Joslyn; the grounds of her demurrer being: First. That the court liad no jurisdiction over the person of the defendant, or the subject matter of the action. Second. That several causes of action are improperly joined. Third. The cross-petition did not state facts sufficient to constitute a cause of action. The district court sustained the demurrer, and dismissed the answer and cross-petition. From that judgment defendant Joslyn has appealed. This case, therefore, presents for our determination the identical question decided in *Sutphen v. Joslyn, ante,*p. 34, wherein it was held that by the decree of July 10, 1893, which is the one in question, the plaintiffs in that action took the fee to the land in question, and that their deed conveyed a good title to the defendant Joslyn.

For the. reasons stated in our - opinion in *Sutphen v. Joslyn, ante,*p. 34, we conclude that Joslyn’s answer and cross-petition stated a good defense to the claims of the minor heirs of Charles D. Sutphen, of whom the appellee herein is one; that the trial court erred in sustaining the demurrer and vacating its former decree.

The judgment of the district court is therefore reversed, and the decree of July 10,1893, is reinstated and affirmed.

Judgment accordingly.

Fawcett, J., not sitting.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R.

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________

No. 98-20739

____________

R.H. MEDICAL GROUP, INC. and RICHARD C. HOLDREN,

Plaintiffs -Counter Defendants Appellees,

versus

DOUGLAS R. COLKITT, M.D.,

Defendant - Counter Claimant Appellant.

DOUGLAS R. COLKITT, M.D.,

Plaintiff - Appellant,

versus

RICHARD C. HOLDREN,

Defendant - Appellee.

Appeals from the United States District Court

for the Southern District of Texas

(H-96-CV-4327)

January 3, 2000

Before JOLLY, EMILIO M. GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM: *-2-

R.H. Medical Group, Inc. (“R.H. Medical”) signed an agreement with Douglas R. Colkitt

obligating R.H. Medical and its president Richard C. Holdren to locate medical clinics for Colkitt to

purchase. R.H. Medical later initiated this action against Colkitt to collect commissions due under

the agreement.

We review de novo the district court’s finding that it had jurisdiction over Colkitt. S ee

Gundle Lining Constr. Corp. v. Adams Cty. Asphalt, Inc.

, 85 F.3d 201, 204 (5 th Cir. 1996). Texas’s

long-arm statute, applicable here, creates personal jurisdiction to the extent permitted by due process.

See id. Thus, Colkitt, as a non-resident, is subject to suit in Texas if: (1) he had minimum contacts

with Texas; and (2) subjecting him to suit in Texas would not “offend traditional notions of fair play

and substantial justice.” Id. (quotations omitted).

Colkitt did not have minimum contacts with Texas. The contract was negotiated and signed

outside Texas, he never traveled to Texas, and none of his acquisitions were in Texas. Instead,

Holdren agreed to be in Pennsylvania wh en needed and to submit information to Colkitt in

Pennsylvania. Colkitt’s only contacts with Texas o ccurred when he sent some payments and

correspondence there, and when he agreed to language in the contract specifying that Texas law

would govern a nd that “all payments and performances under this Agreement with respect to

acquisition shall be performable in

. . . Texas.” These contacts were not sufficient to subject Colkitt

to personal jurisdiction in Texas. S ee Stuart v. Spademan

, 772 F.2d 1185, 1192-96 (5 th Cir. 1985).

Accordingly, we VACATE the judgment below and REMAND with instructions to dismiss the claims

arising from the action brought by R.H. Medical in Texas and to transfer Col kit t ’s claims against

Holdren which he originally bro ught in Pennsylvania back to the Middle District of Pennsylvania.

See 28 U.S.C. § 1404(a).
California Home ARB: Home Search Site Map Software Contact Us AQD: Home

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Canebrake 43.1 63.3 43.7 38.6 43.3

Mojave-923 Poole Street 68.0 52.8 35.7 * 120.2

Notes: PM10 statistics may include data that are related to an exceptional event.

* There was insufficient (or no) data available to determine the value.

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Exhibit A 
Exhibit A 
Exhibit A 
Exhibit A 
Exhibit A 
Exhibit A 
Exhibit A 
Exhibit A
§ 453.06 Additional Committee powers. ( a ) *Secure information.* Subject to the Privacy Act, the Committee may secure information directly from any Federal agency when necessary to enable it to carry out its duties.
( b ) *Subpoenas.* For the purpose of obtaining information necessary for the consideration of an application for an exemption, the Committee may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents.
( c ) *Rules and orders.* The Committee may issue and amend such rules and orders as are necessary to carry out its duties.
( d ) *Delegate authority.* The Committee may delegate its authority under paragraphs (a) and (b) of this section to any member.
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```

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statement on Form S-8 (File Nos. 333-61313,  333-10059, 333-14687 and 333-26589)
and S-3 (File No.  333-31241)  of The Quigley  Corporation  of our report  dated
February 15, 2002, relating to the financial  statements,  which appears in this
Form 10-K.

/s/ PricewaterhouseCoopers LLP
------------------------------

PricewaterhouseCoopers LLP
Philadelphia, Pennsylvania
February 25, 2002
```
Fourth Court of Appeals

San Antonio, Texas

August 27, 2021

No. 04-21-00104-CV

Michael Edward RODRIGUEZ,

Appellant

v.

Nora G. RODRIGUEZ,

Appellee

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2020-CI-00908

Honorable Norma Gonzales, Judge Presiding

ORDER

Appellant’s brief was originally due July 12, 2021; however, the court granted him an 

extension until August 11. When the brief was not filed, we ordered appellant to file the brief by 

August 26 and advised him the appeal could be dismissed if the brief were not filed. On August 

25, appellant, who is representing himself pro se, filed a motion explaining why he had been 

unable to complete his brief and requesting an additional fifteen-day extension of time.

We grant the motion and order Michael E. Rodriguez to file his appellant’s brief 

by September 10, 2021. Rodriguez is advised that no further extensions of time will be 

granted absent a motion, filed before the brief is due, that (1) demonstrates extraordinary 

circumstances justifying further delay, (2) advises the court of the efforts he has expended in 

preparing the brief, and (3) provides the court reasonable assurance that the brief will be 

completed and filed by the requested extended deadline. Rodriguez is further advised that if the 

brief or a complying motion is not filed by the date ordered, the court may dismiss the appeal 

without further notice. See TEX. R. APP. P. 38.8(a); 42.3(c). 

_________________________________

Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 27th day of August, 2021.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
# EUR-Lex - 12002E287 - EN

Avis juridique important

*|*

# 12002E287

**Treaty establishing the European Community (Nice consolidated version) - Part Six: General and Final Provisions - Article 287 - Article 214 - EC Treaty (Maastricht consolidated version) - Article 214 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0147 - 0147 Official Journal C 340 , 10/11/1997 P. 0294 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0075 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Six: General and Final Provisions

Article 287

Article 214 - EC Treaty (Maastricht consolidated version)

Article 214 - EEC Treaty

Article 287

The members of the institutions of the Community, the members of committees, and the officials and other servants of the Community shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
February 4, 2014

JUDGMENT

The Fourteenth Court of Appeals

GARY MARTIN, PERSONAL REPRESENTATIVE OF THE ESTATE OF 

MARGIE T. MARTIN, Appellant

NO. 14-13-00025-CV V.

CHICK-FIL-A, HWY 59 AT KIRBY DRIVE, Appellee

________________________________

This cause, an appeal from the judgment in favor of appellee, Chick-Fil-A, 

Hwy 59 at Kirby Drive, signed December 7, 2012, was heard on the transcript of 

the record. We have inspected the record and find no error in the judgment. We 

order the judgment of the court below AFFIRMED.

We order appellant, Gary Martin, personal representative of the Estate of 

Margie T. Martin, to pay all costs incurred in this appeal. 

We further order this decision certified below for observance.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-84,095-01 & 84,095-02

EX PARTE JOSE LUIS VILLARREAL, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 656-A-CR & 657-A-CR IN THE 63RD DISTRICT COURT

FROM TERRELL COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for a writ of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of delivery

of a controlled substance and possession of a controlled substance. He was sentenced to

imprisonment for two years and twelve months. He did not appeal his convictions.

Applicant contends, among other things, that his guilty pleas were involuntary because he

was not admonished that a guilty plea might result in deportation. 

Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Tovar, 901
2

S.W.2d 484, 486 (1995). In these circumstances, additional facts are needed. As we held in Ex parte

Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for

findings of fact. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, §

3(d).

Applicant appears to be represented by counsel. If he is not and the trial court elects to hold

a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to

be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. 

TEX. CODE CRIM. PROC. art. 26.04. 

The trial court shall make findings of fact and conclusions of law as to whether(1) Applicant

was deported because of these convictions and is suffering collateral consequences from these

convictions; (2) he was admonished under Article 26.13(a)(4) of the Code of Criminal Procedure

that a guilty plea might result in deportation; (3) if not, his guilty pleas were rendered involuntary;

and (4) his claim should be barred by the doctrine laches. See Ex parte Smith, 444 S.W.3d 661 (Tex.

Crim. App. 2014). The trial court shall also give Applicant an opportunity to explain his delay in

raising this claim. The trial court shall also make any other findings of fact and conclusions of law

that it deems relevant and appropriate to the disposition of Applicant’s claim for habeas corpus

relief.

These applications will be held in abeyance until the trial court has resolved the fact issues. 

The issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
3

be obtained from this Court. 

Filed: November 18, 2015

Do not publish
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# EUR-Lex - 11957E029 - EN

Avis juridique important

*|*

# 11957E029

**TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE I - FREE MOVEMENT OF GOODS, CHAPTER 1: THE CUSTOMS UNION, SECTION 2: SETTING UP OF THE COMMON CUSTOMS TARIFF, ARTICLE 29 **

*

*

++++

ARTICLE 29

IN CARRYING OUT THE TASKS ENTRUSTED TO IT UNDER THIS SECTION THE COMMISSION SHALL BE GUIDED BY :

( A ) THE NEED TO PROMOTE TRADE BETWEEN MEMBER STATES AND THIRD COUNTRIES ;

( B ) DEVELOPMENTS IN CONDITIONS OF COMPETITION WITHIN THE COMMUNITY IN SO FAR AS THEY LEAD TO AN IMPROVEMENT IN THE COMPETITIVE CAPACITY OF UNDERTAKINGS ;

( C ) THE REQUIREMENTS OF THE COMMUNITY AS REGARDS THE SUPPLY OF RAW MATERIALS AND SEMI-FINISHED GOODS ; IN THIS CONNECTION THE COMMISSION SHALL TAKE CARE TO AVOID DISTORTING CONDITIONS OF COMPETITION BETWEEN MEMBER STATES IN RESPECT OF FINISHED GOODS ;

( D ) THE NEED TO AVOID SERIOUS DISTURBANCES IN THE ECONOMIES OF MEMBER STATES AND TO ENSURE RATIONAL DEVELOPMENT OF PRODUCTION AND AN EXPANSION OF CONSUMPTION WITHIN THE COMMUNITY .
I

103D CONGRESS

2D SESSION H. R. 5018

To limit the authority of the Interstate Commerce Commission to overturn

certain employee protection agreements.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 21, 1994

Mr. WILLIAMS introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To limit the authority of the Interstate Commerce Commission to overturn certain employee protection agreements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIMITATION OF AUTHORITY.

4 (a) AMENDMENTS.—(1) Section 10327(g)(1) of title

5 49, United States Code, is amended by inserting ‘‘The

6 Commission may not use the authority granted under this

7 paragraph to overturn an employee protection arrange8 ment agreed to by all parties to the arrangement.’’ after

9 ‘‘regulations of the Commission.’’.
2

•HR 5018 IH

1 (2) Section 11351 of title 49, United States Code,

2 is amended by inserting ‘‘The Commission may not use

3 the authority granted under this section to overturn an

4 employee protection arrangement agreed to by all parties

5 to the arrangement.’’ after ‘‘11347 of this title.’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall be effective as of January 1, 1984.

Æ
EXHIBIT 31.2

SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL
OFFICER OF DTOMI, INC.

In connection with the accompanying Annual Report on Form 10-QSB of Dtomi, Inc.
for the quarter ended March 31, 2005, the undersigned, John Haddock, Chief
Executive Officer and director, and principal financial officer, of Dtomi, Inc.,
does hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) such Annual Report on Form 10-QSB for the year ended March 31, 2005 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

(2) the information contained in such Annual Report on Form 10-QSB for the year
ended March 31, 2005 fairly presents, in all material respects, the financial
condition and results of operations of Dtomi, Inc.

Date: May 27, 2005

                                       /s/ John R. Haddock
                                       -----------------------------------------
                                       John R. Haddock
                                       Chief Executive Officer and
                                       principal financial officer
# EUR-Lex - 11992M/PRO/SEBC/21 - EN

Avis juridique important

*|*

# 11992M/PRO/SEBC/21

**Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter IV: Monetary functions and operations of the ESCB - Article 21: Operations with public entities **

*
Official Journal C 191 , 29/07/1992 P. 0073 *

Article 21

Operations with public entities

21.1. In accordance with Article 104 of this Treaty, overdrafts or any other type of credit facility with the ECB or with the national central banks in favour of Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States shall be prohibited, as shall the purchase directly from them by the ECB or national central banks of debt instruments.

21.2. The ECB and national central banks may act as fiscal agents for the entities referred to in Article 21.1.

21.3. The provisions of this Article shall not apply to publicly-owned credit institutions which, in the context of the supply of reserves by central banks, shall be given the same treatment by national central banks and the ECB as private credit institutions.
Exhibit
10.15


[Company logo]


 


Frederick M. Strader


President and Chief Executive Officer


 


March 2, 2004


 


Mr.
John Michitsch


2604
Golf Island Road


Ellicott City, MD  21042


Dear John:


This letter is to confirm
the details of your employment offer for your appointment to Executive Vice
President, reporting directly to me. 
Your base salary will be $6,732.00 bi-weekly or annualized at
$175,032.00.


In addition to your salary,
I would like to offer you the following benefits:


1.          You will become a participant in the
UIC Management Incentive Plan with a target set at 45% for fiscal year 2004;
actual incentive could be up to 90%.


2.          You will receive a Long-term Incentive
Compensation Award of 20,000 stock options, 1/3 of which vest on the 1st three anniversaries of your
start date.


3.          You will accrue vacation at a rate of
13.4 hours per month for an annual total of four weeks.


4.          The Company shall pay to you an
automobile allowance of ten thousand dollars ($10,000) per annum, commencing
with your start date, payable in accordance with our normal payroll practices.


This offer is contingent
upon your successful completion of our post-offer physical examination and
meeting our security requirements.


If the terms and conditions
meet with your understanding, please sign and date this letter and return it to
me at your earliest convenience.


John, we look forward to
your reply and your immediate contributions to a mutually successful 2004.




	
  Sincerely,

  	
   

  	
  Acceptance:

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  /s/ Frederick M. Strader

  	
   

  	
  /s/ John Michitsch

  	
   

  	
  8 Mar 04

  
	
  Frederick M. Strader

  	
   

  	
   

  	
   

  	
  Date

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  P.O. Box 126

  	
   

  	
   

  	
   

  	
   

  
	
  Hunt Valley, Maryland 21030-0126

  	
   

  	
   

  	
   

  	
   

  
	
  (410) 628-6600

  	
   

  	
   

  	
   

  	
   

  
	
  Fax: (410) 628-3644

  	
   

  	
   

  	
   

  	
   

  
	
  mailto:Strader@aaicorp.com
Exhibit 31.1
 CERTIFICATION OF PURSUANT TO RULE 13a-14(a) or 15d-14(a) OF THE SECURITIES
EXCHAGE ACT OF 1934, AS ADOPTED PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Zap.Com Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ PHILIP A. FALCONE

Philip A. FalconeChairman of the Board, President and Chief Executive Officer
 14