alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### NATIONAL CASH REGISTER COMPANY, Plaintiff-Appellee, v. Leroy BENOIT, d/b/a Benoit’s Hacienda, Defendant-Appellant.

No. 2891.

Court of Appeal of Louisiana. Third Circuit.

Nov. 25, 1969.

Smith & Stansbury, by J. Michael Fernandez, Jr., Lafayette, for defendant-appellant.

Piccione, Piccione & Wooten, by David Hutchins, Lafayette, for plaintiff-appellee.

Before FRUGE, SAVOY and MILLER, JJ.

SAVOY, Judge.

Plaintiff filed suit against defendant on an open account. Defendant filed an answer alleging payment as a bar to the action. After a trial on the merits, the district court held in favor of plaintiff. Defendant has appealed.

Plaintiff, through its representative, Mr. G. D. Kennedy, called on defendant for the purpose of selling him a new cash register. After discussing the matter defendant decided to trade in his used cash register and was allowed a credit on the new register. The invoice was to be mailed out of the Baton Rouge, Louisiana, office. Defendant did not receive the invoice by mail, but it was sent to the plaintiff’s sub-office in Lafayette, Louisiana, where Kennedy delivered the invoice in person to defendant. It was at this point that a controversy arose between the parties. Defendant contends that at the time of the delivery of the invoice, he paid Kennedy in full in cash and was under the impression that the invoice was a receipt. Plaintiff, on the other hand, contends that payment was never made to Kennedy.

The trial judge, in his written reasons, stated that defendant was an experienced business man, and that if he had paid for the cash register, he would have required a receipt from Kennedy.

Payment is a special defense, and the burden was on defendant to show payment. The wife of defendant testified that her husband had paid Kennedy in cash. The trial court chose not to believe her testimony. The trial judge also stated in his written opinion that defendant’s wife kept all receipts and other records for the business, and if Kennedy had given defendant a receipt showing payment of the cash register, she would have kept it with her other records.

This is a fact question, and we are in thorough agreement with the district judge that defendant has failed to discharge the burden imposed on him by law.

For the reasons assigned the judgment of the district court is affirmed at appellant’s costs.

Affirmed.
QUICK

CARDTM

Chipper Machine

Safety Tips

Chipper machines cut tree limbs into small chips.

Hazards arise when workers get too close to, or make

contact with, the chipper. Contact with chipper operating components (blades, discs or knives) may result

in amputation or death. Workers may also be injured

by material thrown from the machine. To minimize

these hazards, use appropriate engineering and work

practice controls, including worker training.

Hazards

• Workers making contact with or being pulled into 

the chipper.

• Hearing loss.

• Face, eye, head or hand injuries.

Safe Work Practices 

• Never reach into a chipper while it is operating.

• Do not wear loose-fitting clothing around a chipper.

• Always follow the manufacturer’s guidelines and

safety instructions.

• Use earplugs, safety glasses, hard hats and gloves.

• Workers should be trained on the safe operation of

chipper machines. Always supervise new workers

using a chipper to ensure that they work safely and

never endanger themselves or others.

• Protect yourself from contacting operating chipper

components by guarding the infeed and discharge

ports, and preventing the opening of the access

covers or doors until the drum or disc completely

stops. 

• Prevent detached trailer chippers from rolling or

sliding on slopes by chocking the trailer wheels. 

• Maintain a safe distance (i.e., two tree or log

lengths) between chipper operations and other

work/workers. 

• When servicing and/or maintaining chipping equipment (i.e., “unjamming”) use a lockout system to

ensure that the equipment is de-energized.

OSHA 3279-09N-05

U.S. Department of Labor

www.osha.gov (800) 321-OSHA

For more complete information:

Occupational

Safety and Health

Administration
#### BUCKLEY TOWERS CONDOMINIUM, INC., etc., et al., Appellants, v. Minerva MILLIS, Individually and on behalf of Buckley Towers Condominium, Inc., etc., et al., Appellees.

No. 76-2047.

District Court of Appeal of Florida, Third District.

Dec. 6, 1977.

Joseph S. Paglino, Miami, for appellants.

Dubbin, Schiff, Berkman & Dubbin and Albert S. Dubbin and Evan Langbein, Miami, for appellees.

Before PEARSON, HUBBART and KE-HOE, JJ.

KEHOE, Judge.

Appellant brings this appeal from an order of the trial court denying its motion to intervene in the cause as a party defendant. Appellant’s three points on appeal relate to the question of whether the trial court abused its discretion or erred by denying appellant’s motion. We have carefully considered each of these points and have concluded that the trial court did not abuse its discretion or err in denying the motion. Therefore, we affirm the order of the trial court dated October 7, 1976, denying appellant’s motion to intervene. See *Miracle House Corporation v. Haige,*96 So.2d 417 (Fla.1957); *Riviera Club v. Belle Mead Development Corp.,*141 Fla. 538, 194 So. 783 (1959); *Coral Bay Prop. Own. Ass’n v. City of Coral Gables,*305 So.2d 853 (Fla. 3d DCA 1974); *Oster v. Cay Construction Company,*204 So.2d 539 (Fla. 4th DCA 1967); and Fla.R.Civ.P. 1.230.

Affirmed.
EXHIBIT 32.1

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 Amendment No. 1 to the Annual Report of TC Global, Inc. (the Company) on Form 10-K for the fiscal
year ended March 28, 2010, as filed with the Securities and Exchange Commission on August 11, 2010 (the Report), I, Carl W. Pennington, Sr., President (principal executive officer and acting principal financial officer) of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | (1) | The Report, as amended by this Amendment No. 1, 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, as amended by this Amendment No. 1, fairly presents, in all material respects, the financial condition and results of
operations of the Company.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                      
|----------------------------------------------------------------------------------------------------------------------
|/s/    CARL W. PENNINGTON,
SR.                                                                                        
|Carl W. Pennington, Sr.
President (principal executive officer and acting principal financial officer)
August 11, 2010
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2868 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 490
118th CONGRESS
  2d Session
                                S. 2868

                          [Report No. 118-212]

  To accept the request to revoke the charter of incorporation of the 
 Lower Sioux Indian Community in the State of Minnesota at the request 
               of that Community, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2023

  Ms. Smith (for herself and Ms. Klobuchar) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                           September 9, 2024

               Reported by Mr. Schatz, without amendment

_______________________________________________________________________

                                 A BILL

 
  To accept the request to revoke the charter of incorporation of the 
 Lower Sioux Indian Community in the State of Minnesota at the request 
               of that Community, and for other purposes.

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

SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE LOWER SIOUX 
              INDIAN COMMUNITY.

    The request of the Lower Sioux Indian Community in the State of 
Minnesota to surrender the charter of incorporation issued to that 
community and ratified on July 17, 1937, pursuant to section 17 of the 
Act of June 18, 1934 (commonly known as the ``Indian Reorganization 
Act'') (48 Stat. 988, chapter 576; 25 U.S.C. 5124), is hereby accepted 
and that charter of incorporation is hereby revoked.
                                                       Calendar No. 490

118th CONGRESS

  2d Session

                                S. 2868

                          [Report No. 118-212]

_______________________________________________________________________

                                 A BILL

  To accept the request to revoke the charter of incorporation of the 
 Lower Sioux Indian Community in the State of Minnesota at the request 
               of that Community, and for other purposes.

_______________________________________________________________________

                           September 9, 2024

                       Reported without amendment
```
CASEY TILLISON.

V.

NO.

(Appellate/Petitioner.

THE STATE OF TEXAS

(Appellee/Respondent)

PD-0853-15

§ IN THE

§ COURT OF CRIMINAL APPEALS

§ OF TEXAS AT AUSTIN

MOTION TO SUSPEND T.R.A.P. RULE 9.3

NUMBER OF COPIES

TO THE HONORABLE JUDGE(S) OF SAID COURT:

COMES NOW, Casey Tillison , pro se, and files this MfMon^BV^P ^

COURfOFCRI^i'A'T^-^ALS

suspend Rule 9.3, Number of Copies, and in support of this would show the

following: OCT 05 2015

Appellant/Petitioner is a prisoner in the TEXAS DEPARTMENT OF CRIMINAL

JUSTICE. This motion and the Petition for Discretionary Review are filed

pro se. As a prisoner there is no access to a copier. Therefore Appellant/ pfLFD IW

Petitioner has no way to create the number of copies required by rule 9.3 ^P CRIMINAL APPEALS

and therefore humbly requests that this Honorable Court suspend Rule 9.3 ^1-1 °u ---J

number of copies and accept the Petition for Discretionary Review as on

original copy.

Th

<%==

'Abel Acosta, Clerk

Respectfully submitted

is ^0 day of Sen7~ .2015

BY:

Casey Tillison
' CERTIFICATE OF SERVICE

The Petitioner hereby certifies that a true and correct

copy of the foregoing Motion to Suspend Rule 9.3 has been mailed

U.S.mail/ postage pre-paid/ to the District Attorney/ Appellate

Division/ Ellis County Courthouse/ 109 S.Jackson St./

Waxahachie/ TX 75165 and to the State prosecuting Attorney/ Lisa

McMinn, P.O. Box 12405, Capital Station/ Austin, TX 78711, on

this 5(9 day of SeX)V #2015.

Q^sey Tillison
<PAGE>

                                                                    Exhibit 21.1

                           Subsidiaries of the Company

            Entity Name                           State/Country of Incorporation
            -----------                           ------------------------------

ADV Engineering S.A.                         France
Easics, N.V.                                 Belgium
Horizon Semiconductors, Inc.                 Virginia
Opal Acquisition Corporation                 Delaware
Systems On Silicon, Inc.                     Delaware
TranSwitch Asia PTE Ltd.                     Singapore
TranSwitch Asia Ltd.                         Hong Kong
TranSwitch II Corp.                          Delaware
TranSwitch III, Inc.                         Delaware
TranSwitch Europe N.V./S.A.                  Belgium
TranSwitch Foreign Sales Corporation         U.S. Virgin Islands
TranSwitch India Private Limited             India
TranSwitch International Corp.               Delaware
TranSwitch S.A.                              Switzerland
TranSwitch Silicon Valley, Inc.              California
TranSwitch Technologies Canada, Inc.         Canada
TX Holdings Inc.                             Delaware
#### Ervin YOUNG, Appellant, v. STATE of Florida, Appellee.

No. JJ-382.

District Court of Appeal of Florida, First District.

Aug. 31, 1978.

Ervin Young, in pro. per.

No appearance for appellee.

PER CURIAM.

Appellant seeks review of the trial court’s denial of his motion to mitigate a ten year sentence for possession of a controlled substance, heroin. The trial court found that appellant’s assertions that he had been promised a maximum sentence of five years for the offense by the public defender representing him were not supported by testimony received at an evidentiary hearing on the motion. After a review of the transcript, we affirm the trial court’s order. Accordingly, the denial of appellant’s motion to mitigate sentence is affirmed.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
#### Lorita HUISMAN, Petitioner, v. FRENCH QUARTER APARTMENTS, INC., etc., et al., Respondents.

No. 40960.

Supreme Court of Florida.

June 2, 1971.

Certiorari denied.

CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
Smith Barney Futures Management LLC
                         388 Greenwich Street, 7th Floor
                          New York, New York 10013-2396






May 31, 2000



Rabar Market Research, Inc.
10 Bank St. - Suite 830
White Plains, N.Y. 10606

Attention:  Mr. Paul Rabar

      Re:   Management Agreement Renewals

Dear Mr. Rabar:

We are  writing  with  respect  to your  management  agreements  concerning  the
commodity pools to which reference is made below (the "Management  Agreements").
We are extending the term of the Management  Agreements through June 30, 2001and
all other provisions of the Management Agreements will remain unchanged.

                Smith Barney Principal Plus Futures Fund L.P.
                Smith Barney Diversified Futures Fund L.P.
                Salomon  Smith Barney Global  Diversified  Futures Fund
               L.P.
                BBK Global  Futures Fund
                BBK Global Futures Plus Fund
                Smith Barney Diversified 2000 Futures Fund


<PAGE>


May 31,  2000
Page 2



Please  acknowledge  receipt of this  modification  by signing  one copy of this
letter and returning it to the  attention of Mr. Daniel  Dantuono at the address
above or fax to  212-723-8985.  If you have any  questions  I can be  reached at
212-723-5416.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT LLC


By:
      Daniel A. Dantuono
      Chief Financial Officer,
      Director & Treasurer

RECEIVED

RABAR MARKET RESEARCH, INC.


By:

Print Name:


DAD/sr

                  Smith Barney Futures Management LLC
                    388 Greenwich Street, 7th Floor
                     New York, New York 10013-2396

May 31, 2000



Fort Orange Capital Management, Inc.
100 State Street
Albany, New York 12207

Attention:  Dr. Douglas Mitchell

      Re:   Management Agreement Renewals

Dear Dr. Mitchell:

We are  writing  with  respect  to your  management  agreements  concerning  the
commodity pools to which reference is made below (the "Management  Agreements").
We are extending the term of the Management  Agreements through June 30, 2001and
all other provisions of the Management Agreements will remain unchanged.

                Smith Barney Principal Plus Futures Fund L.P.
                Salomon Smith Barney Orion Futures Fund L.P.

Please  acknowledge  receipt of this  modification  by signing  one copy of this
letter and returning it to the  attention of Mr. Daniel  Dantuono at the address
above or fax to  212-723-8985.  If you have any  questions  I can be  reached at
212-723-5416.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT LLC


By:
      Daniel A. Dantuono
      Chief Financial Officer,
      Director & Treasurer

By:

Print Name:

DAD/sr
LAW OFFICEOF JOHN MIETUS, LLC 

6701 DEMOCRACY I3OlILEVARD, Slli -I E 300 

aeTl-irsDA, MD 20817-7500 

jOHN R.. MlErus, jK. 

(202) 747-5212 

jolln@mictuslaw.coni 

March 4, 2015 

BY ELECTRONIC MAIL 

Ms. Lauralyn Remo 

Chief, Air Carrier Fitness Division 

Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Eastern Air Lines Group, Inc., Dockets OST-2014-0012/0013 

Dear Ms. Remo: 

On February 26, 2015, Eastern Air Lines Group, Inc. ("Eastern") moved the 

Department to shorten the answer period associated with any show cause order it 

may issue with respect to Eastern's requests for interstate and foreign passenger 

charter authority. Eastern has now completed its poll of the U.S. carriers served 

with the motion, and there were no objections. 

Respectfully submitted, 

~ 

ohn R. Mietus, r. 

Counsel for Eastern Air Lines Group, Inc.
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 LeCroy Corporation (the "Company")
on Form 10-K for the year ended June 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Sean B. O'Connor,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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 result of
                  operations of the Company.


Date: September 13, 2006

                                                         /s/ Sean B. O'Connor
                                                         -----------------------
                                                         Sean B. O'Connor
                                                         Chief Financial Officer


     A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.
#### Commonwealth of Pennsylvania *v.*Miller.

Argued October 16, 1933.

*460Before Trexler, P. J., Keller, Cunningham, Baldrige, Stadtfeud, Parker and James, JJ.

*Frankliy, E. Barr,*Assistant District Attorney, and with him *Charles F. Kelley,*District Attorney, for appellant.

*G. Von Phul Jones,*for appellee.

February 1, 1934:

Opinion by

James, J.,

The defendant was indicted on September 20, 1932 for having on the 22nd day of September, 1928 • and the 28th day of September, 1928- aided and abetted one Alexander D. Robinson, vice-president and treasurer of the Northwestern Trust Company, in the embezzlement, abstraction and wilful misapplication of certain funds of the Northwestern Trust Company. Defendant was not an officer, director, receiver, superintendent, manager, broker, attorney, agent, employee, or member of said banking institution. Defendant moved to quash and the motion was sustained, from which order an appeal was taken by the Commonwealth.

The, same question raised in this appeal is involved in the appeal of Commonwealth of Pennsylvania, Appellant, v. Russell H. Foster, No. 356, October Term, 1933, 111 Pa. Superior Ct. 451, in which an opinion *461has this day been filed sustaining the action of the court below in quashing the indictment. For the reasons therein set forth the judgment is affirmed.
#### Jeanelle P. RUIZ v. TRAVELERS INDEMNITY COMPANY et al.

No. 6077.

Court of Appeal of Louisiana, Third Circuit.

Aug. 9, 1977.

Rehearing Denied Sept. 15, 1977.

Writ Refused Nov. 11, 1977.

E. M. Nichols, Lake Charles, for plaintiff-appellant.

*462Camp, Carmouche, Palmer, Carwile & Barsh by James E. Williams, Lake Charles, for defendants-appellees.

Before HOOD, DOMENGEAUX and WATSON, JJ.

WATSON, Judge.

For the reasons assigned in number 6076, *Slone v. Travelers Indemnity Company et al.,*La.App., 349 So.2d 460, the judgment appealed from is affirmed. Costs are taxed against appellant.

AFFIRMED.

DOMENGEAUX, J., concurs and assigns reasons.

DOMENGEAUX, Judge,

concurring.

I concur for the reasons set out in # 6076, *Slone v. Travelers Indemnity Company et al.,*349 So.2d 460, (La.App. 3rd Cir. 1977).
*Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

1

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-40581

JAMES A. BECK,

Petitioner-Appellant,

VERSUS

GARY L. JOHNSON, Director, Texas Department of

Criminal Justice, Institutional Division,

Respondent-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(G-97-CV-388)

December 1, 1998

Before DAVIS, DUHÉ and PARKER, Circuit Judges:

PER CURIAM:*

James A. Beck, Texas Prisoner #282493, petitions this court

for a Certificate of appealability. We grant the petition on the

issue of exhaustion only.

Beck has made a credible showing that the district court erred

in dismissing his application for failure to exhaust. See Murphy
2

v. Johnson, 110 F.3d 10, 11 (5th Cir. 1997). Further, the

dismissal with prejudice was erroneous. See McGrew v. Texas Bd. Of

Pardons & Paroles, 47 F.3d 158, 161 (5th Cir. 1995)(holding that

dismissal of a habeas application for failure to exhaust should be

without prejudice). 

The district court’s holding that Beck did not raise a federal

question because he does not have a liberty interest in release on

parole misses the mark. It appears that Beck is making a claim of

liberty interest in mandatory release under Texas law. See Madison

v. Parker, 104 F.3d 765 (5th Cir. 1997). 

We therefore vacate the district court’s order of dismissal

and remand this case so that the respondent can be served and the

district court can consider the merits of Beck’s habeas corpus

petition.

PETITION FOR COA GRANTED. JUDGMENT VACATED AND CASE REMANDED.
Exhibit
23.2














Consent
of Independent Registered Public Accounting Firm







United
Western Bancorp, Inc. and subsidiaries
  We
consent to the incorporation by reference in the registration statements on
Form S-8 (Nos. 333-143096, 333-135570, 333-135568, and 333-135567) and
registration statement (No. 333-130550) on Form S-3 of United Western Bancorp,
Inc. and subsidiaries of our report dated March 3, 2009, with respect to the
consolidated financial statements of United Western Bancorp, Inc. and
subsidiaries and the effectiveness of internal control over financial reporting,
which report appears in this Annual Report on Form 10-K of United Western
Bancorp, Inc. and subsidiaries for the year ended December 31,
2008.


Sherman
      Oaks, California
            /s/
      Crowe Horwath LLPMarch
      3, 2009
# Guard oxygen Airmen help 176th Wing aircrew breathe easy

/ Published Nov. 7, 2018
JOINT BASE ELMENDORF-RICHARDSON, Alaska, *Editor's note: The original story can be viewed on the 176th Wing website.*