alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

No. 02

- 20

- 00183

- CV

J OHN B RADLEY A SHBURN AND P OST O AK A PPALACHIA , LLC

, Appellants

V

.

R OBERT J. M YERS , J OHN J. S HAW , AND M YERS S HAW , Appellees §

§

§

§ On Appeal from the 17th District Court

of Tarrant County ( 017

- 315749

- 20 )

April 1, 2021

Memorandum Opinion by Justice Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in part of the t rial court’s judgment. It is ordered that the judgment of the

trial court is affirmed in part and reversed in part. We reverse the trial court’s

judgment as to the amount of attorney ’ s fees and remand this case to the trial court

for a hearin g on the is sue of fee s egregation and to determine what fee Appellees

should receive. We affirm the remainder of the trial court’s judgment

.It is further ordered that Appellants John Bradley Ashburn and Post Oak

Appalachia, LLC shall pay all of the costs of this a ppeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bass el
EXHIBIT 99.2

 

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER

 

I, David A. Rane, ChiefFinancial Officer of SureBeam Corporation (the “Registrant”), do hereby certifyin accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) theQuarterly Report on Form 10-Q of the Registrant, to which this certification isattached as an exhibit (the “Report”), fully complies with the requirements ofSection 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

 

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

 

 
| Dated:  August 14, 2002 | /s/ David A.  Rane       |
|-------------------------|--------------------------|
|                    | David A.  Rane           |
|                    | Chief  Financial Officer |

 

1

----
[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Page 42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20833]


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

DEPARTMENT OF THE INTERIOR

Geological Survey


Technology Transfer Act of 1986

AGENCY: U.S. Geological Survey, Interior.

ACTION: Notice of proposed Cooperative Research and Development 
Agreement (CRADA) negotiations.

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

SUMMARY: The United States Geological Survey (USGS) is planning to 
enter into a Cooperative Research and Development Agreement (CRADA) 
with Sedona GeoServices, Inc., Limerick, Pennsylvania. The purpose of 
the CRADA is to jointly research and develop new algorithms and 
advanced methods of automatic contour vectorization. Any other 
organization interested in pursuing the possibility of a CRADA for 
similar kinds of activities should contact the USGS.

ADDRESSES: Inquiries may be addressed to the Acting Chief of Research, 
U.S. Geological Survey, National Mapping Division, 500 National Center, 
12201 Sunrise Valley Drive, Reston, Virginia 20192; Telephone (703) 
648-4643, facsimile (703) 648-4706; Internet ``ebrunsonusgs.gov''.

FOR FURTHER INFORMATION CONTACT:
Ernest B. Brunson, address above.

SUPPLEMENTARY INFORMATION: This notice is to meet the USGS requirement 
stipulated in the Survey Manual.

    Dated: July 29, 1997.
Richard E. Witmer,
Chief, National Mapping Division.
[FR Doc. 97-20833 Filed 8-6-97; 8:45 am]
BILLING CODE 4310-31-M
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# DLA Aviation-Jacksonville celebrates National Aviation Day

By Leon MooreDLA Aviation Public Affairs

                RICHMOND, VA  –              
Defense Logistics Agency Aviation–Jacksonville, Florida, military and civilian personnel celebrated National Aviation Day Aug. 19. President Franklin Roosevelt proclaimed Aug. 19 as National Aviation Day in 1939 as a way of celebrating the history and development of aviation. The date coincides with the birthday of Dayton, Ohio, native Orville Wright, who – along with his brother Wilbur – is credited with inventing the world's first successful airplane. 

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Defense Logistics Agency Aviation–JacksonvilleNational Aviation Day
No. 48877.

#### Protest 43608-K of F. W. Woolworth Co. (New York).

Opinion by

Oliver, P. J.

In accordance with stipulation of counsel and on the authority of Abstract 47099 the protest was sustained.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

GARY L. GUYAUX,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 224 WAL 2019

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 24th day of December, 2019, the Petition for Allowance of Appeal

is DENIED.
A97A0289.

#### DENT et al. v. MEMORIAL HOSPITAL OF ADEL, INC.

(511 SE2d 259)

Decided January 28, 1999.

*Gray & Hedrick, William E. Gray II, Law Office of David Wm. Boone, Robert G. Ballard,*for appellants.

*Hall, Booth, Smith & Slover, John E. Hall, Jr., Thomas A. Graham,*for appellee.

Beasley, Presiding Judge.

In *Dent v. Mem. Hosp. of Adel,*227 Ga. App. 801 (490 SE2d 509) (1997), we affirmed the judgment of the trial court. The Supreme Court granted certiorari and reversed in *Dent v. Mem. Hosp. of Adel,*270 Ga. 316 (509 SE2d 908) (1998). Accordingly, our judgment in this case is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

*Judgment reversed.*

*McMurray, P. J, Andrews, Ruffin, Eldridge, Barnes, JJ, and Senior Appellate Judge Harold R. Banke concur.*
#### L. P. Seibold, Inc. *v.*United States

No. 6963.

Entry No. 339, etc.

Invoices dated London, England, March 1944, etc.

Certified March 1944, etc.

Entered at Washington, D. C., April 25, 1944, etc.

(Decided March 5, 1947)

*'lompkins & Tompkins (J. Stuart Tompkins*of counsel) for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Oliver, Presiding Judge:

The appeals for reappraisement listed in schedule A¡ hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
No. 99-1042.

#### Zahran et ux. *v.*Schmidt et al.

C. A. 7th Cir. Motion of petitioners to defer consideration of petition for writ of certiorari denied. Certiorari denied.
[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Notices]
[Page 42850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20956]



[[Page 42850]]

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

SMALL BUSINESS ADMINISTRATION


Region IX Honolulu District Advisory Council; Public Meeting

    The U. S. Small Business Administration Region IX Advisory Council, 
located in the geographical area of Honolulu, Hawaii, will hold a 
public meeting on Thursday, August 14, 1997, at 10:00 a.m., at the Bank 
of America FSB, 1099 Alakea Street Alii Place, 24th Floor, Honolulu, 
HI, to discuss such matters as may be presented by members, staff of 
the U. S. Small Business Administration, or others present.
    For further information, write or call Andrew K. Poepoe, District 
Director, U. S. Small Business Administration, 300 Ala Moana Boulevard, 
Room 3214, Honolulu, Hawaii, 96850, telephone number (808) 541-2965

    Dated: July 30, 1997.
Eugene Carlson,
Associate Administrator, Office of Communication and Public Liaison.
[FR Doc. 97-20956 Filed 8-7-97; 8:45 am]
BILLING CODE 8025-01-P
No. 55634.

#### Biddle Purchasing Co. et al. *v.*United States,

protests 155021-K, etc. (New York).

*452Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
#### Dr. Ed FARRAR and Schering Corporation, Petitioners, v. EWELL ENGINEERING & CONTRACTING COMPANY, Charles M. Moore and John Lyles, Respondents.

No. 47265.

Supreme Court of Florida.

Dec. 8, 1977.

James C. Rinaman, Jr., and Bill L. Bryant, Jr., of Marks, Gray, Conroy & Gibbs, Jacksonville, for petitioners.

William B. Wilson and Walton B. Hallow-es, Jr., of Maguire, Voorhis & Wells, Orlando, for respondents.

PER CURIAM.

A petition for writ of certiorari to the District Court of Appeal, Fourth District, was granted in this cause.

We now remand this case to the District Court for reconsideration in light of our recent decision in *Stuart v. Hertz Corporation,*351 So.2d 703 (Fla., filed July 28, 1977), *rehearing denied,*November 28, 1977.

It is so ordered.

OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
No. 00-6708.

#### Harris *v.*Preston School of Industry et al.

C. A. 9th Cir. Certiorari denied.
No. 00-912.

#### Fowlkes *v.*United States.

C. A. 11th Cir. Certiorari denied.
#### UNITED STATES of America, Plaintiff-Appellant, v. GONZALEZ, INC. dba Golden State Transportation, Defendant-Appellee.

No. 04-10041.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 7, 2004.

Filed June 22, 2005.

Amended Feb. 10, 2006.

Bruce M. Ferg, (argued); Paul K. Charlton and Christina M. Cabanillas (on the briefs), Office of the U.S. Attorney, Tucson, AZ, for the plaintiff-appellant.

William Kirchner (argued) and Walter Nash (on the briefs), Nash *&*Kirchner, P.C., Tucson, AZ; Jefferson Keenan (on the briefs) and Michael Piccarreta (argued), Piccarreta *&*Davis, P.C., Tucson, AZ, for the defendants-appellees.

Before D.W. NELSON, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

ORDER

The Appellant’s petition for panel rehearing is granted in part and the opinion filed on June 22, 2005, slip opinion at 7425 and published at 412 F.3d 1102 (9th Cir.2005), is amended as follows:

> Page 7448 of the slip opinion, line 12: Replace “In such an office, individuals who own and manage the business oper*855ation have a reasonable expectation of privacy over the on-site business conversations between their agents.” with “In such an office, individuals who own and manage the business operation have a reasonable expectation of privacy over conversations taking place on the office’s telephone lines.”

> Page 7448 of the slip opinion, line 23: Replace “they had a reasonable expectation of privacy over calls made on the premises.” with “they had a reasonable expectation of privacy over calls made from, to, and within the premises.”

With these amendments, the petition for panel rehearing is otherwise denied. No further petitions for rehearing or rehearing en banc may be filed.
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF: WILLIAM LEVERANCE FAA DocketNo. FAA-2014-0412 Judge J.E. Sullivan Respondent. FAA CASENO. 2013S0150060 MOTION FORLEAVE TO WITHDRAW COMPLAINT
The Complainant, by and through the undersigned attorney, hereby requests pursuant to Section 13.215 ofthe Board's Rules ofPractice [14 CFR 13.215] that the lawjudge approve withdrawal ofthe Complaint inthe above-referenced matter.
The parties reached settlement of this matter on November 6, 2014. As a result, the Complainantrespectfully requests that its Complaint be withdrawn and this matter closed. Respectfully submitted this 1

## ih day ofNovember 2014.

Senior Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that a copy ofthe Motion for Leave to Withdraw Complaint has been sent via facsimile and Federal Express to: The Honorable 

### I.E. Sullivan DOT, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. East Building Ground Floor Room E12-320 Washington, D.C. 20590 (FAX) (202) 366-7536 and Federal Express to: William Loren Leverence 3000 Clarcona Rd. #426 Apopka, FL 32703 and William Loren Leverence 1

031 Saddleback Ridge Rd. Apopka, FL 32703 and the original and one copy via Federal Express to: Hearing Docket U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 NewJersey Avenue, S.E. Washington, D.C. 20590

Legal s Office ofthe Regional Counsel
Dated
#### Horace THOMPSON v. STATE of Mississippi.

No. 49604.

Supreme Court of Mississippi.

April 6, 1977.

Smith & McLemore, James G. McLemore, Jr., Carthage, for appellant.

A. F. Summer, Atty. Gen. by Wayne Snuggs, Special Asst. Atty. Gen., Jackson, for appellee.

Appeal from Circuit Court, Leake County; O. H. Barnett, Judge.

Before GILLESPIE, C. J., and SMITH and WALKER, JJ.

AFFIRMED.

PATTERSON and INZER, P. JJ., ROBERTSON, SUGG and BROOM, JJ., concur.

LEE, J., took no part.
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Charlie Creek

Toccoa River

U.S.

Forest

Service

Dry

Branch

Beacon

Point

Blue Ridge

Lake Estates

Aska Rd

24

27

27

20

19

15

14

10

26

29

28

16

18

17

12

13

0 1,000 2,000 3,000 4,000

Feet /

Tile: B1

Jul 24, 2008 Blue Ridge Reservoir

Land Management Plan

\\alismurphy\home\mprlm\projects\landplan\Maps\Blue Ridge_land_plan\BlueRidge_land_plan WEB.mxd
No. 00-901.

#### Hilton *v.*City of Wheeling et al.

C. A. 7th Cir. Certiorari denied.
Exhibit 21

                                 NCT Group, Inc.
                                  Subsidiaries

       Business Segment

       Media Group
       -----------
         Distributed Media Corporation International Limited
         Distributed Media Corporation
            DMC Cinema, Inc.
            DMC HealthMedia Inc.
         NCT Audio Products, Inc.
         NCT Video Displays, Inc.

       Communications Group
       --------------------
         NCT Hearing Products, Inc.
            Pro Tech Communications, Inc.
            NCT Medical Systems, Inc.
         Noise Cancellation Technologies (Europe) Ltd.
         Midcore Software, Inc.
            Midcore Software Limited
         Artera Group, Inc.
            Artera Group International Limited
         ConnectClearly.com, Inc.

       Technology Group/Other
       ----------------------
         Advancel Logic Corporation
         NCT Muffler, Inc.
         Chaplin Patents Holding Company, Inc.
         NCT Far East, Inc.
         2020 Science Limited
FILED United States Court of Appeals Tenth Circuit 

### September 20, 2012 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT
THERESA L. DOWLING, Plaintiff–Appellant, No. 11-1554 v. (D.C. No. 1:10-CV-01118-REB-KMT) STURGEON ELECTRIC; WILLIAM LONG; WILLIAM FREDRICKS, (D. Colorado)
Defendants–Appellees.
ORDER AND JUDGMENT *
Before BRISCOE , Chief Judge, McKAY and HOLMES , Circuit Judges.
After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument. Plaintiff Theresa Dowling, proceeding pro se, appeals the district court’s grant of summary judgment for the Defendants on her claims under Title VII of the Civil Rights Act of 1964. The magistrate judge recommended granting summary judgment because

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.Plaintiff could not satisfy her burden of establishing a prima facie case for her gender discrimination, retaliation, and hostile work environment claims. The district court agreed. It appears Plaintiff also argues that the district court erred by denying her motion to extend the deadline for discovery and her motions for post-judgment relief. Plaintiff’s appeal is based largely on allegations of fraud on the part of defense counsel and bias on the part of the district court and magistrate judge. After a thorough review of the appellate record, we have found no evidence to support these allegations. Furthermore, nothing in Plaintiff’s brief or the appellate record persuades us there was any error in the magistrate judge’s analysis or the district court’s orders. Therefore, for substantially the same reasons given by the magistrate judge and the district court, we AFFIRM the grant of summary judgment on Plaintiff’s Title VII claims and the denial of her motion to extend the deadline for discovery and her motions for post-judgment relief. Plaintiff’s motion to proceed in forma pauperis on appeal is GRANTED
.

Entered for the Court
Monroe G. McKay Circuit Judge

-2-
No. 39263.

Suit 4142.

#### United *States*v. *Guy B. Barham Co. for University Shoppe.*

T. D. 49152 reversed.
EXHIBIT 21.1


                   SUBSIDIARIES OF RCG COMPANIES INCORPORATED


<TABLE>
<CAPTION>

                                                       State of                 Ownership
                     Entity                          Incorporation              Percentage
--------------------------------------------     -----------------------    -------------------
<S>                                              <C>                        <C>
Flightserv, Inc.............................            Delaware                    100
FS Tours, Inc...............................            Delaware                    100
FS SunTours, Inc............................            Delaware                    100
DM Marketing, Inc...........................            Delaware                    100
Avenel Ventures, Inc........................             Nevada                     100
Logisoft Corp...............................            New York                    100
eStorefronts.net Corp.......................            New York                    100
Premiere Shoe Group, LLC....................            New York                     75

Inactive companies:
PDK Properties, Inc.........................            Georgia                     100
Internet Aviation Services Limited, Ltd.....             Nevada                     100
Gateway Development Corp....................            New York                    100
Capital First Holdings, Inc. of Georgia.....            Georgia                     100
</TABLE>
#### J. E. Bernard & Co., Inc., et al. *v.*United States

No. 6569.

Entry No. 700832, etc.

Invoices dated London, England, May 1944, etc.

Certified May 1944, etc.

Entered at New York, N. Y., July 8, 1944, etc.

(Decided December 4, 1946)

*John D. Rode*for the plaintiffs.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Cline, Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
<PAGE>   1

                                                                EXHIBIT 10-Z(vi)





                           PARTICIPATION AGREEMENT


                  FOR PARTICIPATION BY RELATED GROUP MEMBERS
                            (PLAN SECTION 1.1(KK))



        The undersigned Employer, by executing this Participation Agreement,
elects to become a Participating Employer in the Plan, as if the Participating
Employer were a signatory to the Adoption Agreement.  The Participating
Employer accepts, and agrees to be bound by, all of the elections granted under
the provisions of the Plan as made by Bindley Western Industries, Inc.,
Employer of the Adoption Agreement ("Signatory Employer").

(1)     The Effective Date of the undersigned Employer's participation in the
        designated Plan is: July 31, 1997

(2)     The undersigned Employer's adoption of this Plan constitutes:

        (a)  The adoption of a new plan by the Participating Employer.

        (b)  The adoption of an amendment and restatement of a plan currently
             maintained by the Employer, identified as Bindley Western
             Industries, Inc. &  Subsidiaries Profit Sharing Plan and
             having an original effective date of January 1, 1979.

        In Witness Whereof, the Employer and the Trustee, by their respective
duly authorized officers, have caused this Adoption Agreement to be executed on
this 1st day of March, 1998.

Tennessee Wholesale Drug (TWD)          Key Trust Company of Indiana, NA
------------------------------------    -------------------------------------
(Name of Participating Employer)        (Name Of Trustee)

By: /s/ Michael D. McCormick            By: /s/ April M. Czenkusch
------------------------------------    -------------------------------------
Sec.                                              VP
------------------------------------    -------------------------------------
(Title)                                 (Title)

Bindley Western Industries, Inc.
------------------------------------
(Name of Signatory Employer)

By: /s/
------------------------------------

Exec. V.P. & CFO
------------------------------------

(Title)



NOTE:  Each Participating Employer must execute a separate Participation
       Agreement.  See the notes at the end of the Adoption Agreement for
       important prototype plan information.