alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Haralson vs. Walker et. al.

In an action on a bond to deliver a negro or pay the value, on a specified contingency, a plea that, before the happening of the contingency, the negro died, is a good answer to the declaration.

*Appeal from Prairie Circuit Court.*

Hon. John 0. Olendenin, Circuit Judge.

Williams, for the appellant.

The second plea was clearly good. Haralson’s bond did not bind him to deliver the negro, if dead. The act of God or the public enemies always did excuse the performance of a covenant, if it thereby became impossible. *Ch. on Con.*635; *Shep. Touch.*173, 382; *The People vs. Manning,*8 *Orneen,*297; 4 *Picfc. 101;*19 *John. Pep.*44.

Martin for the appellee.

Mr. Justice Fairchild

delivered the opinion of the court.

The plaintiffs, appellees here, and Haralson, the appellant, had demands against John W. Walton, and for their satisfaction had, in some way not shown, got control of a negro girl, Violet, and Haralson took her into possession. Violet was, however, claimed by Cynthia Sloan, who was asserting the claim by suit in the circuit court of Marshall county, Mississippi, when Haralson entered into an obligation to the plaintiffs, that if judgment should be obtained for the taking of Violet, he would surrender her to the proper officers, to be applied to its payment, or would pay on the judgment the value of Violet.

*416The plaintiffs brought an action of debt upon the bond, alleging that Cynthia Sloan had obtained judgment in the suit, that Haralson had not surrendered Yiolet, nor paid her value according to the conditions of his bond.

Haralson interposed five pleas; the first was demurred to and the record does not disclose any action of the court upon the demurrer : the third was a plea of nil debet, which afterwards seems to have been substituted by a plea of payment put in as a fourth plea, about which pleas nothing was done by the court, while the fifth plea was one of set off, which was also allowed to sleep on the files of the case.

• No question is presented to us by the record but upon the second plea, which the court struck from the files. It averred that Yiolet, before judgment was rendered in the suit of Cynthia Sloan, died. We do not know why this plea should have been met with a motion to strike it out. The record does not show the grounds of the motion, and we conceive the plea to have been a good answer to the declaration: and it did not require a suppoi’ting affidavit.

Haralson’s obligation was to surrender Yiolet to the judgment of Cynthia Sloan, or to pay her value on the judgment. He had then an election, at the rendition of the judgment, according to his bond, but by the act of God that election was taken away when the judgment was rendered, and therefore his obligation to pay Violet’s value, as well as to surrender her, was discharged. *Croke Eliz.*396,399; *Co. lib.*206, *a; Shep. Touch.*173, *382; Bac. Abr., Conditions R. p.*335, *by Bouvier; Ch. on*Contracts, (9 *Am. ed.)*743.

For this error the judgment of the Circuit Court is reversed.
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<FISCAL-YEAR-END>                          FEB-27-1999
<PERIOD-END>                               MAY-23-1998
<CASH>                                        93509000
<SECURITIES>                                 123387000
<RECEIVABLES>                                 66277000
<ALLOWANCES>                                         0
<INVENTORY>                                  268625000
<CURRENT-ASSETS>                             579791000
<PP&E>                                      1598453000
<DEPRECIATION>                               746154000
<TOTAL-ASSETS>                              1565505000
<CURRENT-LIABILITIES>                        375857000
<BONDS>                                      181448000
<PREFERRED-MANDATORY>                                0
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</TABLE>
House Calendar No. 137

103D CONGRESS

2D SESSION H. RES. 374

[Report No. 103–427]

RESOLUTION

To request a conference with the Senate on an

poses.medical clinics and facilities, and for other purindividuals to have freedom of access to certainamend the Public Health Service Act to permitamendment of the House to the bill (S. 636) to

MARCH 2, 1994

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 137

103D CONGRESS

2D SESSION H. RES. 374

[Report No. 103–427]

To request a conference with the Senate on an amendment of the House

to the bill (S. 636) to amend the Public Health Service Act to permit

individuals to have freedom of access to certain medical clinics and

facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1994

Ms. SLAUGHTER, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

To request a conference with the Senate on an amendment

of the House to the bill (S. 636) to amend the Public

Health Service Act to permit individuals to have freedom

of access to certain medical clinics and facilities, and

for other purposes.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order to take from the Speaker’s table the

3 bill (S. 636) to amend the Public Health Service Act to

4 permit individuals to have freedom of access to certain

5 medical clinics and facilities, and for other purposes, and
2

HRES 374 RH

1 to consider the Senate bill in the House. All points of

2 order against the Senate bill and against its consideration

3 are waived. It shall be in order to move to strike all after

4 the enacting clause of the Senate bill and to insert in lieu

5 thereof the provisions of H.R. 796 as passed by the House.

6 All points of order against that motion are waived. If the

7 motion is adopted and the Senate bill, as amended, is

8 passed, then it shall be in order to move that the House

9 insist on its amendments to S. 636 and request a con10 ference with the Senate thereon.
EXHIBIT B


                                 MUTUAL RELEASE

         Each of LifeRate Systems, Inc., a Minnesota corporation (the "Company")
and The Atlanta Cardiology Group, P.C., a professional corporation organized
under the laws of the State of Georgia ("ACG"), for and in consideration of (i)
the mutual releases contained herein, (ii) the representations and agreements
made by the Company and ACG set forth in the Agreement dated the date hereof
(the "Agreement") between the Company and ACG, and (iii) other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
does hereby remise, release and forever discharge the other party hereto of and
from all manner of actions, causes of action, debts, dues, sums of money,
accounts, reckonings, damages, judgments, expenses, executions, claims and
demands of whatever kind, in law or in equity, which it ever had, now has, or
which its successors or assigns hereafter can, shall or may have against the
other party hereto for, upon or by reason of (1) that certain Letter of
Agreement dated September 28, 1994 between such parties, (2) any transactions,
dealings, contracts, agreements, actions, failures to act, conversations,
representations, statements and all other matters and things whatsoever having
occurred at any time prior to the date of this Mutual Release; provided,
however, that this Mutual Release shall not extend to any matters arising under
the Agreement or the Note referred to therein.

         IN WITNESS WHEREOF, the Company and ACG have each caused this Mutual
Release to be duly executed as of the date indicated below.



Dated: March____, 1997                   LIFERATE SYSTEMS, INC.


                                         By:___________________________________
                                         Title:


Dated: March____, 1997                   THE ATLANTA CARDIOLOGY GROUP, P.C.


                                         By:___________________________________
                                         Title:
02/04/2011 16:03 FAX 2024935142 

P^^ * DMS 21001/002 

--mPlT^^ENT OF 

:,';:iSpW10N 

U.S. DEPARTNfENT OF TRANSPORTATION ' ' '^'^^ '' 

FEDERAL AVIATION ADMINISTRATION ,,. ,r^ _^, o U" 05 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Harrison Yacht Sales, Inc. 

2009EA700446 

CP10EA0006 

The Honorable Ronnie A, Yoder c^OlO-fitS^ 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 

C.F.R. §13.204(b),that it shall be represented in the above-stated action by the attorney 

listed below. All communications, notices, pleadings or documents are respectfully 

requested to be forwarded as follows: 

Jeanine Gotimer 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza ,,;. 

Jamaica, NY 11434 

Telephone: 718 553-3272 

Facsimile: 71B 995-5699 

RespectfiiHy submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

•/•::• , ^ 

U P 'Af 

* " ^ - •-,' * 

^ X ^ 

i l l 

•'":' 

- • . • • '-< ^ 

Dated: ( Lxllx 

Canine Gotimer 

Attomey 
02/04/2011 1B;03 FAX 2024935142 FAA + DMS 12002/002 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid, Certified Mail - Return Receipt Requested 

addressed as follows: 

The Honorable Ronnie A. Yoder 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Iransportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room El2-320 

Washington, D.C. 20590 

David Harrison, President 

Harrison Yacht Sales, Inc. 

106 Wells Cove Road 

P O Box 98 

Grasonville, MD 21638 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C, 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Date: / S^/J. 1^^..^—. ^ (l^.^. -

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434
# Official Journal C 309A/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2010.309.eng |
| --- | --- |
| Official Journal
  of the European Union | C 309A |
| | |
| English edition | Information and Notices | Volume 5313 November 2010 |

ISSN 1725-2423

doi:10.3000/17252423.CA2010.309.eng

Official Journal

of the European Union

C 309A

English edition

Information and Notices

Volume 5313 November 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 309A/01 | Common catalogue of varieties of agricultural plant species — seventh supplement to the 28th complete edition | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 309A/01

Common catalogue of varieties of agricultural plant species — seventh supplement to the 28th complete edition

1

---

| EN | |
| --- | --- |

EN
[Nos. 429-3; 464-3.

Division Three.

March 28, 1972.]

#### The State of Washington, *Respondent,*v. William Lee Sanders *et al., Appellants.*
**IN THE SUPREME COURT OF TEXAS**

No. 06-0515

IN RE  AL CARDENAS MASONRY, INC.

On Petition for Writ of Mandamus

**ORDERED:**

1.Relator’s request for stay, filed August 4, 2006, is granted in part and denied in part.  The trial set for August 14, 2006, in Cause No. C-1549-05-G, styled *Pharr San Juan Alamo Independent School District v. Al Cardenas Masonry, Inc.*, in the 370th District Court of Hidalgo County, Texas, is stayed pending further order of this Court.  All other relief requested in the request for stay is denied.

2.The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this August 9, 2006.

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
# FEDSIM - Federal Systems Integration and Management Center

## Please visit our FEDSIM website for more information

Print PageEmail Page

Top

-  Assisted acquisition services-  Overview 
-  FEDSIM
Exhibit 32
                   Certification Accompanying Periodic Report
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                              (18 U.S.C. ss. 1350)

The undersigned, Christian Haub, Executive Chairman and Principal Executive
Officer of The Great Atlantic & Pacific Tea Company, Inc. ("Company"), and
Brenda M. Galgano, Senior Vice President, Chief Financial Officer and Treasurer
of the Company, each hereby certifies that (1) the Quarterly Report of the
Company on Form 10-Q for the period ended June 19, 2010 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 the results of operations of the Company.




Dated:  July 28, 2010                     /s/ Christian Haub
                                          ---------------------------
                                          Christian Haub
                                          Executive Chairman and
                                          Principal Executive Officer




Dated:  July 28, 2010                     /s/ Brenda M. Galgano
                                          ----------------------------
                                          Brenda M. Galgano
                                          Senior Vice President,
                                          Chief Financial Officer and Treasurer
#### CARL-LOU REALTY CO., a Florida corporation, Appellant, v. Sam KANTER, Trustee, et al., Appellees.

No. 71-1291.

District Court of Appeal of Florida, Third District.

April 25, 1972.

Jay A. Swidler, Miami, for appellant.

Patton, Kanner, Nadeau, Segal & Stobs, Miami, for appellees.

Before BARKDULL, C. J., and HEN-DRY, J., and HARDING, MAJOR B., Associate Judge.

PER CURIAM.

Affirmed. See: Thomas v. Cilbe, Inc., Fla.App.1958, 104 So.2d 397; South Dade Farms, Inc. v. Peters, Fla.1958, 107 So.2d 30; § 86.061, Fla.Stat.
Exhibit 32.2



Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section

906 of the Sarbanes-Oxley Act of 2002



I, Pasquale A. Ambrogio, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this quarterly report on
Form 10-Q for the third quarterly period ended March 31, 2004 (Quarterly Report) of GIANT GROUP, LTD. (Registrant) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
amended and that information contained in such Quarterly Report presents in all material respects the financial condition and results of operations of the Registrant.



Dated: May 14, 2004



|       |  |                                           
|------ |  | ------------------------------------------
|By:    |  | /s/    Pasquale A. Ambrogio               
|Title: |  | Vice President and Chief Financial Officer
INDEX TO EXHIBITS



     4.1  Purchase Agreement dated June 20, 2000, between Global
     Marine Inc. and Credit Suisse First Boston Corporation.

     4.2  First Supplemental Indenture between Global Marine Inc. and
     Wilmington Trust Company, as Trustee, dated as of June 23,
     2000, to Indenture dated Sptember 1, 1997.

     4.3  Registration Rights Agreement between Global Marine Inc. and
     Credit Suisse First Boston dated June 23, 2000.

     4.4  Form of Zero Coupon Convertible Debentures Due June 23,
     2020.

     10.1 Global Marine Non-Employee Director Restricted Stock Plan.

     10.2 First Amendment to Global Marine 1998 Stock Option and
     Incentive Plan.

     15.1 Letter of Independent Accountants regarding Awareness of
     Incorporation by Reference.

     27.1 Financial Data Schedule.  (Exhibit 27.1 is being submitted
     as an exhibit only in the electronic format of this
     Quarterly Report on Form 10-Q being submitted to the
     Securities and Exchange Commission.  Exhibit 27.1 shall not
     be deemed filed for purposes of Section 11 of the Securities
     Act of 1933, Section 18 of the Securities Exchange Act of
     1934 or Section 323 of the Trust Indenture Act, or otherwise
     be subject to the liabilities of such sections, nor shall it
     be deemed a part of any registration statement to which it
     relates.)
Order entered August 20, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00102-CV

ESTATE OF FREDERIC B. ASCHE, JR., DECEASED

On Appeal from the Probate Court No. 2

Dallas County, Texas

Trial Court Cause No. PR-11-3533-2

ORDER

We GRANT the parties’ August 13, 2015 agreed motion for an extension of time to file 

their appellants’ and cross-appellants’ briefs. The parties shall file their respective briefs by 

OCTOBER 12, 2015. We caution the parties that no further extension of time will be granted 

absent extraordinary circumstances.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
# C_2023035EN.01000901.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/9 |
| --- | --- | --- | --- |

30.1.2023

EN

Official Journal of the European Union

C 35/9

---

Judgment of the Court (Third Chamber) of 8 December 2022 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Criminal proceedings against HYA, IP, DD, ZI, SS

(Case C-348/21) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Article 8(1) - Right of an accused person to be present at the trial - Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union - Right to a fair trial and rights of the defence - Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings - Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings - National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses)

(2023/C 35/09)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties in the main proceedings

HYA, IP, DD, ZI, SS

Intervener: Spetsializirana prokuratura

Operative part of the judgment

Article 8(1) of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, read in conjunction with the second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that:

it precludes the application of national legislation which allows a national court, where it is not possible to examine a witness for the prosecution during the judicial stage of criminal proceedings, to base its decision on the guilt or innocence of the accused person on the testimony of that witness obtained during a hearing before a judge during the preliminary stage of those proceedings, but without the participation of the accused person or his lawyer, unless there is a serious ground justifying the failure to hear the witness at the judicial stage of the criminal proceedings, the testimony of that witness does not constitute the sole or determining basis for the conviction of the accused person, and there are sufficient compensatory elements to offset the difficulty caused to that person and his or her lawyer as a result of the taking into account of that testimony.

---

(1)  OJ C 338, 23.8.2021.

---
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0169

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

KAYLEA LYNN MULLENDORE,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including November 9, 2023, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

October 3 2023

10/03/2023

Case Number: DA 23-0169
# C_2020222EN.01003901.xml

| 6.7.2020 | EN | Official Journal of the European Union | C 222/39 |
| --- | --- | --- | --- |

6.7.2020

EN

Official Journal of the European Union

C 222/39

---

Action brought on 13 May 2020 — Brillux and Daw v Commission

(Case T-288/20)

(2020/C 222/43)

Language of the case: German

Parties

Applicants: Brillux GmbH & Co. KG (Münster, Germany) and Daw SE (Ober-Ramstadt, Germany) (represented by: R. van der Hout, C. Wagner and V. Lemonnier, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | annul Commission Delegated Regulation (EU) 2020/217, (1) in so far as it concerns the classification and labelling of titanium dioxide; |
| --- | --- |

—

annul Commission Delegated Regulation (EU) 2020/217, (1) in so far as it concerns the classification and labelling of titanium dioxide;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on nine pleas in law, which are, in essence, identical or similar to those raised in Case T-279/20, CWS Powder Coatings v Commission.

---

(1)  Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting that Regulation (OJ 2020 L 44, p. 1).

---