alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David S. Macfarlane, Plaintiff in Error, v. Amanda M. Archer, Defendant in Error.

Division B.

Writ of error to Circuit' Court, Hillsborough county; Joseph B. Wall, Judge.

Sparkman & Carter for plaintiff in error.

F. M. Simonton for defendant in error.

This action was brought by the defendant in error against the plaintiff in error. There was judgment for the plaintiff, and the defendant takes writ of error. The judgment is affirmed.

Decision *Per Curiam.*
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#### PUEBLO, a Municipal Corporation, Petitioner-Appellant, v. The COUNTY COURT IN AND FOR the COUNTY OF PUEBLO IN the 10TH JUDICIAL DISTRICT and State of Colorado, and the Honorable Alex Martinez, one of the Judges thereof and John L. Dappen, Respondents-Appellees.

No. 86CA1664.

Colorado Court of Appeals, Div. IV.

Aug. 11, 1988.

*276Thomas E. Jagger, Thomas J. Florczak, Pueblo, for petitioner-appellant.

D. Wayne Patton, Pueblo, for respondents-appellees.

NEY, Judge.

Petitioner, City of Pueblo (city), appeals the district court order holding that respondent’s notice of appeal substantially complied with the applicable statute and validly perfected his appeal from municipal to county court. We affirm.

John Dappen was found guilty of speeding in Pueblo Municipal Court and was fined $35. Dappen filed a handwritten note signed by him which stated: “I John L. Dappen wish to appell (sic) my ticket no. T20865 to county court for speeding 48 in 30 mile zone.”

The city filed a motion to dismiss the appeal arguing that the notice of appeal was fatally defective and legally insufficient to confer county court jurisdiction. The county court denied the motion and scheduled the case for trial *de novo.*The city then commenced a C.R.C.P. 106 action in district court, requesting dismissal of the appeal in county court. The district court also found the notice of appeal sufficient.

We agree with the city that the filing of a notice of appeal is a jurisdictional requirement in an appeal from municipal to county court. *See*§ 13-10-118(1), C.R.S. (1987 RepLVol. 6A). However, we agree with the district court that the respondent substantially complied with the requirements of the statute.

The purpose of the notice of appeal is simply to put the other party on notice that an appeal will be taken and to identify the judgment appealed. *Widener v. District Court,*200 Colo. 398, 615 P.2d 33 (1980). If a party cannot be misled as to the intention to appeal or the judgment appealed from, any technical defect in the notice of appeal is harmless. *Widener, supra; Happy Canyon Investment Co. v. Title Insurance Co.,*38 Colo.App. 385, 560 P.2d 839 (1976).

Here, the notice of appeal provided the respondent’s name, identification of the offense or violation of which the respondent was convicted, the summons number, and a statement that the respondent intended to appeal the judgment. The city could not be misled about respondent’s intention to appeal, or the subject matter of that appeal.

We reject the city’s contention that a stricter standard of procedural compliance is mandated where the General Assembly, rather than the judiciary, defines the appellate procedure to be used. We hold that the doctrine of substantial compliance applies equally to appellate procedures required by statute or by judicial rule. *See People v. Campbell,*742 P.2d 302 (Colo.1987); *Strong Bros. Enterprises v. Estate of Strong,*666 P.2d 1109 (Colo.App.1983)

Judgment affirmed.

BABCOCK and HUME, JJ., concur.
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<PAGE>
                                                                    EXHIBIT 99.3

                                  CERTIFICATION
                      PURSUANT TO 18 U.S.C. SECTION 1350,
          AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I. Karl R. Wyss, as Chairman of the Board and Chief Executive Officer
of Thermadyne Mfg. LLC (the "Company") certify, pursuant to 18 U.S.C. Section
1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

         (1) the accompanying Form 10-K report for the period ending December
31, 2002 as filed with the U.S. Securities and Exchange Commission (the
"Report") 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 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 required by Section 906 has
been provided to Thermadyne Mfg. LLC and will be retained by Thermadyne Mfg. LLC
and furnished to the Securities and Exchange Commission or its staff upon
request.

Dated: March 31, 2003
                                            /s/ Karl R. Wyss
                                            --------------------------------
                                            Karl R. Wyss
                                            Chairman of the Board and Chief
                                            Executive Officer of the Company
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* 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. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-30403 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MITCHELL MINOR, JR.,

DefendantAppellant.

------------------------------------------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 97-CR-6-ALL-A

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

November 20, 2001

Before DAVIS, BENAVIDES AND STEWART, Circuit Judges:

PER CURIAM: *

Mitchell Minor, Jr., wants this court to order the district court to unseal an envelope that he

thinks contains a copy of a plea agreement. The court construes Minor’s request to be a request for

mandamus. Given that the record does not reflect that a plea agreement was ever entered into and

that the sealed envelope in the appellate envelope contains only a presentence report, Minor is not

entitled to the relief he seeks. S ee In re Willy

, 831 F.2d 545, 549 (5th Cir. 1987). The judgment of

the district court is 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 the Quarterly Report of Gold Party Payday,
Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2013, as filed with the Securities and Exchange Commission
on the date hereof (the “Report”), I, Tatum L. Morita, President, Chief Executive Officer and Chief 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 fully complies with 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.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|May 15, 2013 | /s/ Tatum L. Morita               
|------------ | ----------------------------------
|             | Tatum L. Morita                   
|             | President, Chief Executive Officer
|             | and Chief Financial Officer
<PAGE>   1


                                                               EXHIBIT 10.48

                                AMENDMENT TO THE
                             WESTPOINT STEVENS INC.
                       1995 KEY EMPLOYEE STOCK BONUS PLAN
                                  (As Amended)


         THIS AMENDMENT to the WestPoint Stevens Inc. 1995 Key Employee Stock
Bonus Plan (As Amended) (the "Plan") is made the 29th day of October, 1998 by
WestPoint Stevens Inc. (the "Company").

                              W I T N E S S E T H:

         WHEREAS, the Company maintains the Plan for the benefit of its
eligible employees;

         WHEREAS, the Company's Board of Directors has the authority to amend
or modify the Plan at any time and in any respect with certain limitations as
stated in the Plan; and

         WHEREAS, the Company desires to amend the Plan as provided herein; and

         WHEREAS, the Board of Directors of the Company, acting within its
authority has approved the amendment of the Plan as provided herein;

         NOW, THEREFORE, the Plan is hereby amended as follows by amending the
first sentence of Section 7 to read as follows:

             Within the first 90 days of each Performance Year
             (or, in the case of the initial Performance Year,
             within 90 days of the date the Plan is approved by
             the Board), the Committee shall establish a vesting
             schedule that shall apply to the Bonus Awards
             granted for that Performance Year; provided,
             however, that not less than 10% of the shares
             subject to each Bonus Award shall become vested as
             of January 1 of the year immediately following the
             Performance Year and in each succeeding year.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 488 Agreed to Senate (ATS)]

113th CONGRESS
  2d Session
S. RES. 488

 Designating July 26, 2014, as ``National Day of the American Cowboy''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

   Mr. Enzi (for himself, Mr. Barrasso, Mr. Crapo, Ms. Heitkamp, Mr. 
   Hoeven, Mr. Inhofe, Mr. Johanns, Mr. Johnson of South Dakota, Mr. 
Merkley, Mr. Risch, Mr. Tester, and Mr. Walsh) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

                             July 17, 2014

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Designating July 26, 2014, as ``National Day of the American Cowboy''.

Whereas pioneering men and women, recognized as ``cowboys'', helped to establish 
        the American West;
Whereas the cowboy embodies honesty, integrity, courage, compassion, respect, a 
        strong work ethic, and patriotism;
Whereas the cowboy spirit exemplifies strength of character, sound family 
        values, and good common sense;
Whereas the cowboy archetype transcends ethnicity, gender, geographic 
        boundaries, and political affiliations;
Whereas the cowboy, who lives off the land and works to protect and enhance the 
        environment, is an excellent steward of the land and its creatures;
Whereas cowboy traditions have been a part of American culture for generations;
Whereas the cowboy continues to be an important part of the economy through the 
        work of many thousands of ranchers across the United States who 
        contribute to the economic well-being of every State;
Whereas millions of fans watch professional and working ranch rodeo events 
        annually, making rodeo one of the most-watched sports in the United 
        States;
Whereas membership and participation in rodeo and other organizations that 
        promote and encompass the livelihood of cowboys span every generation 
        and transcend race and gender;
Whereas the cowboy is a central figure in literature, film, and music and 
        occupies a central place in the public imagination;
Whereas the cowboy is an American icon; and
Whereas the ongoing contributions made by cowboys and cowgirls to their 
        communities should be recognized and encouraged: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates July 26, 2014, as ``National Day of the 
        American Cowboy''; and
            (2) encourages the people of the United States to observe 
        the day with appropriate ceremonies and activities.
                                 <all>
```
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