alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Tolan v. Conover, appellant.

*Verdict-.—upon conflicting evidence will not be set aside upon appeal.*

When a jury have passed upon facts before them, courts are cautious of reversal on the ground that the evidence was not sufficient to sustain the, verdict, even though upon such facts the court might have decided the other way. *Wendell*v. *Safford;*12 N. H. 171; *Olark*v. *Whitaker,*19 Conn. 319.

Appeal from a judgment in favor of plaintiff entered upon the verdict of a jury and from an order denying a new trial. The action was brought by Simpson Tolan against Frank Conover and another to recover the amount of difference between the price agreed - to be paid and that actually paid upon a sale of goods by plaintiff to defendants. The difference was caused by an error in footing *678up the items of the account of goods, which footing was made by one of the defendants.

*Britton, Ely é Snell,*for appellants.

*S. D. Morris,*for respondents.

Tappet?, J.

The only material point in the opinion is fully stated in the head-note.

*Judgment and order affirmed.*
-1-

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CIVIL ACTION NO. 02 CV 72004 DT

IN RE: CMS ENERGY

SECURITIES LITIGATION DISTRICT JUDGE GEORGE CARAM STEEH

MAGISTRATE JUDGE VIRGINIA MORGAN

______________________________/

DISCOVERY ORDER

The court conducted an unrecorded conference call with counsel for the parties who

called regarding a videotape of a deposition to be taken Friday, March 24, 2006, in Houston,

Texas. The parties discussed their concerns with the magistrate judge to whom this matter had

been referred. 

The parties current practice is to videotape the witness only (not the attorneys) with one

camera. CMS requests for this deposition a second camera to record the lawyers speaking. 

After discussion and consideration of the arguments and relevant case law, the magistrate judge

finds that no second camera is legally required but one may be used in this instance at CMS’s

expense and without being deemed a “taxable cost.” Such second camera shall record in one

shot the deponent and the lawyers (the questioner and the objector). The remaining details shall

follow the parties’ past practice. No ruling is made with respect to any issues of admissibility at

trial of

2:02-cv-72004-GCS-VMM Doc # 346 Filed 03/23/06 Pg 1 of 2 Pg ID 5682
-2-

either tape, and these remain for stipulation or resolution by the district judge at a later stage in

the case. 

No costs to either side.

SO ORDERED.

 s/Virginia M. Morgan 

VIRGINIA M. MORGAN

UNITED STATES MAGISTRATE JUDGE

Dated: March 23, 2006 

 

PROOF OF SERVICE

The undersigned certifies that the foregoing Discovery Order was served upon counsel of record via the

Court’s ECF System and/or U. S. Mail on March 23, 2006.

s/Jennifer Hernandez 

Case Manager to

Magistrate Judge Virginia M. Morgan

2:02-cv-72004-GCS-VMM Doc # 346 Filed 03/23/06 Pg 2 of 2 Pg ID 5683
**Exhibit 32.2**





**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 annual report of MSTI Holdings, Inc. (the “Company”) on
      Form 10-KSB for the year ended April 30, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Form 10-KSB”), I, Richard J.
      Leimbach, Vice President of Finance of the Company, hereby certify, pursuant
      to
      18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
      that to the best of my knowledge:





(1)
      The
      Form 10-KSB 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 Form 10-KSB fairly presents, in all material
      respects, the financial condition and results of operations of the Company.




Dated: July 30, 2007
            /s/
                  Richard J. Leimbach
              Richard
                J. Leimbach
              Vice
                President of Finance





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      MSTI Holdings, Inc. and will be retained by MSTI Holdings, Inc. and furnished
      to
      the Securities and Exchange Commission or its staff upon request.





The
      foregoing certification is being furnished as an exhibit to the Form 10-KSB
      pursuant to Item 601(b)(32) of Regulation S-B and Section 906 of the
      Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
      63
      of Title 18, United States Code) and, accordingly, is not being filed as part
      of
      the Form 10-KSB for purposes of Section 18 of the Securities Exchange Act of
      1934, as amended, and is not incorporated by reference into any filing of the
      Company, whether made before or after the date hereof, regardless of any general
      incorporation language in such filing.
<PAGE>
 
                                                                   Exhibit 11.01

 Computation of Income (Loss) per Share (in thousands except per share data):

<TABLE>
<CAPTION>
                                                   Year Ended
                                                   December 31,
                                           1996       1995          1994       
                                        ---------  -----------  -----------  
<S>                                      <C>          <C>        <C>         
Net income (loss)                        $ (6,960) $       334  $       610  
                                        ========== ===========  ===========  
Weighted average outstanding shares         7,195        5,742        5,742  
Common stock equivalents                      ---          137          ---  
Common stock equivalents accounted for                                       
 under Staff Accounting Bulletin No. 83       ---          163          278  
                                        ---------- -----------  -----------  
Shares used in per share computations       7,195        6,042        6,020  
                                        ========== ===========  ===========  
Net income (loss) per share              $  (0.97) $      0.06  $      0.10  
                                        ========== ===========  ===========   
</TABLE>
Editorial Note on Part 99
Editorial Note: Nomenclature changes to part 99 appear at 63 FR 39998, July 24, 1998.

§ 99.21 Authority of presiding officer. ( a ) The presiding officer shall have the duty to conduct a fair hearing, to avoid delay, maintain order, and make a record of the proceedings. The presiding officer shall have all powers necessary to accomplish these ends, including, but not limited to, the power to: ( 1 ) Change the date, time, and place of the hearing, upon due notice to the parties. This authority includes the power to continue the hearing in whole or in part;
( 2 ) Hold conferences to settle or simplify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
( 3 ) Regulate participation of parties and *amici curiae* and require parties and *amici curiae* to state their position with respect to the various issues in the proceeding;
( 4 ) Administer oaths and affirmations;
( 5 ) Rule on all pending motions and other procedural items including issuance of protective orders or other relief to a party against whom discovery is sought;
( 6 ) Regulate the course of the hearing and conduct of counsel therein;
( 7 ) Examine witnesses;
( 8 ) Receive, rule on, exclude or limit evidence or discovery;
( 9 ) Fix the time for filing motions, petitions, briefs, or other items in matters pending;
( 10 ) If the presiding officer is the Assistant Secretary, make a final decision;
( 11 ) If the presiding officer is not the Assistant Secretary, certify the entire record including the recommended findings and proposed decision to the Assistant Secretary; and
( 12 ) Take any action authorized by the rules in this part or in conformance with the provisions of 5 U.S.C. 551 through 559.
( b ) The presiding officer does not have authority to compel by subpoena the production of witnesses, papers, or other evidence.
§ 115.610 Scope of drydock and internal structural examinations. ( a ) A drydock examination conducted in compliance with § 115.600 of this part must be conducted while the vessel is hauled out of the water or placed in a drydock or slipway. During the examination all accessible parts of the vessel's underwater body and all through hull fittings, including the hull plating, appendages, propellers, shafts, bearings, rudders, sea chests, sea valves, and sea strainers shall be made available for examination. Sea chests, sea valves, and sea strainers must be opened for examination. The accuracy of draft or loading marks, if required by § 122.602 of this subpart, must be verified if not already verified at construction or a previous drydock examination.
( b ) An internal structural examination conducted in compliance with § 115.600 of this part may be conducted while the vessel is afloat or out of the water and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating, voids, and ballast, cargo, and fuel oil tanks. Where the internal framing or plating of the vessel is concealed, sections of the lining, ceiling or insulation may be removed or the parts otherwise probed or exposed so that the inspector may be satisfied as to the condition of the hull structure. Fuel oil tanks need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory.
[CGD 85-080, 61 FR 892, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78082, Dec. 14, 2010]
# Senate Floor Activity - Wednesday, June 25, 2014

**

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## The Journal

## Certain Procedures Dispensed With

## Transaction of Morning Business

## Legislative Business (Wednesday, June 25)

H.R. 803

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 S.Amdt. 3378

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 212

 S.Amdt. 3380

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S. 2363

S.Res. 484

S.Res. 485

## Executive Business (Wednesday, June 25)

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## Adjournment

        -  Bills, Acts, & Laws 
        -  Nominations 
        -  Treaties 
        -  Votes 
        -  Floor Proceedings 
        -  Rules & Procedure 
        -  Landmark Legislation 
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        -  Senate Archives 
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### Floor Activity Summaries 

View previous floor activity files.Stream live Senate floor proceedings while a meeting is in progress.View past floor proceedings on CSPAN

### Additional Information 

Use this site's search or visit the Senate Index to find pages by topic.

To learn about the history of the Senate visit the About the Senate section of Senate.gov.

### Contact Your Senators 

Follow this guide on how to contact your senators by phone, postal mail, or on the web.
Opinion issued July 26, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00828-CV

———————————

ARELLANO & PHEBUS, S.C., Appellant

V.

BEATRIZ ADRIANA CANTU, Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Case No. 2014-22592

MEMORANDUM OPINION

Although the mediator has filed a report stating that the parties to this appeal 

have settled their dispute, the parties have not filed a motion to dismiss the appeal. 

See TEX. R. APP. P. 42.1. The existence of an actual controversy is essential to the 

exercise of appellate jurisdiction. See, e.g., Valley Baptist Med. Ctr. v. Gonzales, 33 
2

S.W.3d 821, 822 (Tex. 2000). “Appellate courts are prohibited from deciding moot 

controversies.” Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 

1999); see City of Farmers Branch v. Ramos, 235 S.W.3d 462, 469 (Tex. App.–

Dallas 2007, no pet.) (noting that court may only decide issues presenting “a live 

controversy at the time of the decision”). If a controversy ceases to exist or the 

parties lack a legally cognizable interest in the outcome at any stage, the case 

becomes moot. See Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 642 (Tex. 2005); 

Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (noting that “a controversy must 

exist between the parties at every stage of the legal proceedings, including the 

appeal”). “[C]ourts have an obligation to take into account intervening events that 

may render a lawsuit moot.” Heckman v. Williamson Cnty., 369 S.W.3d 137, 166–

67 (Tex. 2012). If a proceeding becomes moot, the court must dismiss the proceeding 

for want of jurisdiction. See id.

After being notified that this appeal was subject to dismissal for lack of a live 

controversy, the parties failed to adequately respond. Accordingly, we dismiss the 

appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a); 43.2(f).

PER CURIAM

Panel consists of Justices Higley, Bland, and Massengale.
§ 11.713 Requirements for maintaining current knowledge of waters to be navigated. ( a ) If a first-class pilot has not served over a particular route within the past 60 months, that person's license or MMC endorsement is invalid for that route, and remains invalid until the individual has made one re-familiarization round trip over that route, except as provided in paragraph (b) of this section. Whether this requirement is satisfied or not has no effect on the renewal of other licenses or MMC endorsements. Roundtrips made within the 90-day period preceding renewal will be valid for the duration of the renewed license or MMC endorsement.
( b ) For certain long or extended routes, the OCMI may, at his or her discretion, allow the re-familiarization requirement to be satisfied by reviewing appropriate navigation charts, coast pilots tide and current tables, local Notice to Mariners, and any other materials that would provide the pilot with current knowledge of the route. Persons using this method of re-familiarization must certify, when applying for renewal of their license or MMC endorsement, the material they have reviewed and the dates on which this was accomplished. Review within the 90-day period preceding renewal is valid for the duration of the renewed MMC endorsement.
Exhibit 32.1

CERTIFICATION PURSUANT TO RULE 13a-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION1350, AS ENACTED PURSUANT TO THE SARBANES-OXLEY ACT OF 2003

In connection with the filing of Universal Power Group, Inc. (the "Company") Annual Report on Form 10-K for the year ending December 31, 2006 with the Securities and Exchange Commission on the
date hereof (the Report"), I, Randy Hardin, President and Chief Executive Officer of the Company, certify, pursuant to Rule 13a-14(b) of the Exchange Act and 18 U.S.C. (SS) 1350, as enacted pursuant to 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 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.

A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.

|                                      | 
|------------------------------------- | 
|/s/ Randy Hardin                      | 
|Randy Hardin                          | 
|President and Chief Executive Officer | 
|(principal executive officer)         | 

March 28, 2007

---
§ 121.404 Radars. ( a ) Except as allowed by paragraph (b) of this section, all self-propelled vessels must be fitted with a Federal Communications Commission (FCC) type accepted general marine radar system for surface navigation with a radar screen mounted at the primary operating station.
( b ) The following vessels are not required to carry a radar: ( 1 ) A ferry that operates on a rivers route within one mile of land; and
( 2 ) A vessel operated on a short restricted route, when the cognizant OCMI has determined that a radar is not necessary due to the vessel's route and local weather conditions.
( c ) The radar and its installation must be suitable for the intended speed and route of the vessel.
§ 109.564 Maneuvering characteristics. ( a ) The master or person in charge of each self-propelled unit of 1,600 gross tons and over shall ensure that a maneuvering information fact sheet is prominently displayed in the pilothouse.
( b ) For surface type units, the maneuvering information in Subpart 97.19 of this chapter must be displayed.
( c ) The maneuvering information requirements for column stabilized, self-elevating, and other units of unusual design will be specified on a case by case basis.
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 1 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 2 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 3 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 4 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 5 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 6 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 7 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 8 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 9 of 10
Case 1:08-cv-01953-RJL-RMC Document 32 Filed 02/19/2009 Page 10 of 10
#### § 111.05-29 Dual voltage direct current systems.

Each dual voltage direct current system must have a suitably sensitive ground detection system which indicates current in the ground connection, has a range of at least 150 percent of neutral current rating and indicates the polarity of the fault.

[CGD 94-108, 61 FR 28276, June 4, 1996]

Grounded Conductors
§ 681.10 What happens if a defendant fails to file an answer? ( a ) If a defendant does not file any answer within 30 days after service of the complaint, the reviewing official may refer the complaint to the ALJ.
( b ) Once the complaint is referred, the ALJ will promptly serve on the defendant a notice that an initial decision will be issued.
( c ) The ALJ will assume the facts alleged in the complaint to be true and, if such facts establish liability under the statute, the ALJ will issue an initial decision imposing the maximum amount of penalties and assessments allowed under PFCRA.
( d ) Except as otherwise provided in this section, when a defendant fails to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed in the initial decision.
( e ) The initial decision becomes final 30 days after it is issued.
( f ) At any time before an initial decision becomes final, a defendant may file a motion with the ALJ asking that the case be reopened. An ALJ may only reopen a case if, in this motion, he or she determines that the defendant set forth extraordinary circumstances that prevented the defendant from filing a timely answer. The initial decision will be stayed until the ALJ makes a decision on the motion. The reviewing official may respond to the motion.
( g ) If the ALJ determines that a defendant has demonstrated extraordinary circumstances excusing his failure to file a timely answer, the ALJ will withdraw the initial decision, and grant the defendant an opportunity to answer the complaint.
( h ) A decision by the ALJ to deny a defendant's motion to reopen a case is not subject to reconsideration under § 681.35.
( i ) The defendant may appeal to the authority head the decision denying a motion to reopen by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal shall stay the initial decision until the authority head decides the issue.
( j ) If the defendant files a timely notice of appeal with the authority head, the ALJ shall forward the record of the proceeding to the authority head.
( k ) The authority head shall decide expeditiously, based solely on the record before the ALJ, whether extraordinary circumstances excuse the defendant's failure to file a timely answer.
( l ) If the authority head decides that extraordinary circumstances excused the defendant's failure to file a timely answer, the authority head shall remand the case to the ALJ with instructions to grant the defendant an opportunity to answer.
( m ) If the authority head decides that the defendant's failure to file a timely answer is not excused, the authority head shall reinstate the initial decision of the ALJ, which shall become final and binding upon the parties 30 days after the authority head issues such a decision.
§ 800.602 Consumer choice with respect to certain services. ( a ) *Assured availability of varied coverage.* Consistent with § 800.104 of this part, OPM will ensure that at least one of the MSP issuers on each Exchange in each State offers at least one MSP option that does not provide coverage of services described in section 1303(b)(1)(B)(i) of the Affordable Care Act.
( b ) *State opt-out.* An MSP issuer may not offer abortion coverage in any State where such coverage of abortion services is prohibited by State law.
( c ) *Notice to Enrollees* — ( 1 ) *Notice of exclusion.* The MSP issuer must provide notice to consumers prior to enrollment that non-excepted abortion services are not a covered benefit in the form, manner, and timeline prescribed by OPM.
( 2 ) *Notice of coverage.* If an MSP issuer chooses to offer an MSP option that covers non-excepted abortion services, in addition to an MSP option that does not cover non-excepted abortion services, the MSP issuer must provide notice to consumers prior to enrollment that non-excepted abortion services are a covered benefit. An MSP issuer must provide notice in a manner consistent with 45 CFR 147.200(a)(3), to meet the requirements of 45 CFR 156.280(f). OPM may provide guidance on the form, manner, and timeline for this notice.
( 3 ) *OPM review and approval of notices.* OPM may require an MSP issuer to submit to OPM such notices. OPM reserves the right to review and approve these consumer notices to ensure that an MSP issuer complies with Federal and State laws, and the standards prescribed by OPM with respect to § 800.602.