alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KODIAK ELECTRIC ASSOCIATION, INC., and American Motorists Insurance Company, Appellants, v. DELAVAL TURBINE, INC., Western Electric Corp., and Portec, Inc., Appellees. DELAVAL TURBINE, INC., Cross-Appellant, v. KODIAK ELECTRIC ASSOCIATION, INC., and American Motorists Insurance Company, Cross-Appellees.

Nos. 7871, 7896.

Supreme Court of Alaska.

Feb. 21, 1985.

MEMORANDUM AND ORDER

Westinghouse petitions for rehearing, contending that our opinion 694 P.2d 150, overlooked a material question and a material proposition of law. According to Westinghouse, “[t]he opinion should have given effect to the warranty/limitation of liability provision of the Westinghouse contract, and stated that it bars any action against Westinghouse in accord with the contract provisions.”

In its brief, Westinghouse’s argument was a response to Kodiak Electric’s third party beneficiary theory. Westinghouse argued: “[t]he right of KEA as a third party beneficiary is subject to any limitation implied by the terms of the [Westinghouse/DeLaval] contract.” Its brief did not make clear Westinghouse’s present contention that Kodiak Electric’s negligence action was barred by the contract, *whether or not Kodiak Electric was a third party beneficiary.*

The trial court did not rule on this question; its ruling appears to have been based entirely upon its erroneous belief that the action was barred by AS 09.10.070, the two year statute of limitations. Westinghouse can raise the issue on remand and the trial court should be given the first opportunity to rule on it. Accordingly, the petition for rehearing is denied.

IT IS SO ORDERED.

Entered by direction of the court,1 at Anchorage, Alaska, this 21th day of February, 1985.

1

. MATTHEWS and MOORE, JJ., not participating.
EXHIBIT 21.1

                         SUBSIDIARIES OF THE REGISTRANT

The following are the wholly-owned subsidiaries of Charys Holding Company, Inc.:

     1.   Method  IQ,  Inc.,  a  Georgia  corporation.
     2.   Personnel  Resources  of  Georgia,  Inc.,  a  Georgia  corporation.
     3.   Ayin  Tower  Management  Services,  Inc.,  a  Delaware  corporation.
     4.   Viasys  Services,  Inc.,  a  Florida  corporation.
     5.   Viasys  Network  Services,  Inc.,  a  Florida  corporation.
     6.   CCI  Telecom,  Inc.,  a  Nevada  corporation.
     7.   Charys  Technology  Group  Inc.,  a  Georgia  corporation.

Viasys Services, Inc. has one wholly-owned subsidiary, VSI Real Estate Holdings,
Inc.,  a  Florida  corporation.

CCI  Telecom,  Inc.  has  three  active  wholly-owned subsidiaries, Contemporary
Constructors,  Inc.,  a  Texas  corporation,  Berkshire  Wireless,  Inc.,  a
Massachusetts  corporation, and Integrated Solutions, Inc., a Texas corporation,
and four inactive wholly-owned subsidiaries, CCI Contemporaneo Internacional, C.
A.,  a  Venezuelan  corporation,  CCI-Chile S. A., a Chilean corporation, CDR Do
Brazil  Ltda,  a  Brazilian  corporation,  and  Contemporary  Constructors
International  de  Mexico,  S.A.  de  C.V.,  a  Mexican  corporation.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2313 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2313

   To suspend temporarily the duty on 2,5-Dichloro-3,6-Bis(9-Ethyl-3-
               Carbazolylamino)-1,4-Benzoquinone(Dianil).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Brown (for himself and Mr. Voinovich) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 2,5-Dichloro-3,6-Bis(9-Ethyl-3-
               Carbazolylamino)-1,4-Benzoquinone(Dianil).

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

SECTION 1. 2,5-DICHLORO-3,6-BIS(9-ETHYL-3-CARBAZOLYLAMINO)-1,4-
              BENZOQUINONE(DIANIL).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      2,5-Cyclohexadiene- Free         No change        No change        On or before 12/  ''.
                        1,4-dione-2,5-                                                     31/2011.......
                        dichloro-3,6-
                        bis[(9-ethyl-9H-
                        carbazol-3-
                        yl)amino] (CAS
                        No. 80546-37-8)
                        (provided for in
                        subheading
                        2929.90.5090)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
DISMISS and Opinion Filed December 14, 2015.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-01481-CV

No. 05-15-01482-CV

IN RE DONALD GENE BLANTON, Relator

On Appeal from the 86th Judicial District Court

Kaufman County, Texas

Trial Court Cause No. 23078-86, No. 23592-86

MEMORANDUM OPINION

Before Justices Lang, Fillmore, and Brown

Opinion by Justice Lang

In this petition for writ of mandamus relator requests that the Court order the trial court to 

vacate its July 1, 2005 judgment of conviction and order the dismissal of cause number 23592-

86. Relator’s petition represents a collateral attack on his final felony conviction. “It is well 

established that only the Court of Criminal Appeals possesses the authority to grant relief in a 

post-conviction habeas corpus proceeding where there is a final felony conviction.” Ex parte 

Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985); TEX. CODE CRIM. PROC. art. 11.07 § 5 

(West 2015). Any attempt by a lower court to grant habeas relief from a final felony conviction 

in other procedural postures represents a usurpation of the exclusive authority of the Court of 

Criminal Appeals to grant post-conviction relief. Ater v. Eighth Court of Appeals, 802 S.W.2d 

241 (Tex. Crim. App. 1991). Accordingly, we lack jurisdiction to address relator’s complaints. 

See id.
–2–

We dismiss the petition for want of jurisdiction.

151481F.P05

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
**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 SRKP 7, Inc. (the "Company") on Form
        10-QSB for the period ending March 31, 2006 as filed with the Securities
        and
        Exchange Commission on the date hereof (the "Report"), I, Richard A. Rappaport,
        certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
        the
        Sarbanes-Oxley Act of 2002, that to my knowledge:
 
 (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 results of operations of the Company.
   /s/ Richard
                A. RappaportRichard A. Rappaport
                Principal Executive OfficerMay
                12,
                2006
II 

111TH CONGRESS 

1ST SESSION S. 2305 

To extend temporarily the suspension of duty on certain manufacturing 

equipment. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. BROWN (for himself and Mr. VOINOVICH) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on certain 

manufacturing equipment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN MANUFACTURING EQUIPMENT. 

4 (a) IN GENERAL.—Heading 9902.84.81 of the Har5 monized Tariff Schedule of the United States (relating to 

6 certain manufacturing equipment) is amended by striking 

7 the date in the effective column period and inserting ‘‘12/ 

8 31/2011’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) applies to goods entered, or withdrawn from 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2305 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 31.1



CERTIFICATION



I, Dana R. Waldman, certify that:



1.

I have reviewed this annual report on Form 10-KSB/A of Zeros & Ones, Inc.;



2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of Zeros & Ones, Inc. as of, and for, the periods presented in this report;



4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for Zeros & Ones, Inc. and have:



A.

Designed such disclosure controls and procedures to ensure that material information relating to Zeros & Ones, Inc., including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;



B.

Designed such internal controls over financial reporting to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;



C.

Evaluated the effectiveness of Zeros & Ones, Inc.'s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



D.

Disclosed in this report any change in Zeros & Ones, Inc.'s internal controls over financial reporting that occurred during Zeros & Ones, Inc.'s most. recent fiscal quarter that has materially affected or is reasonably likely to materially affect, Zeros & Ones, Inc.'s internal control over financial reporting.



5.

I have disclosed, based on my most recent evaluation of internal control over financial reporting, to Zeros & Ones, Inc.'s auditors and the Zeros & Ones, Inc.'s board of directors:



A.

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect Zeros & Ones, Inc.'s ability to record, process, summarize and report financial information; and



B.

Any fraud, whether or not material, that involves management or other employees who have a significant role in Zeros & Ones, Inc.'s internal control over financial reporting.





Dated:  April 2, 2007



| |                        
| | -----------------------
| | /s/ Dana R. Waldman    
| | Dana R. Waldman        
| | Chief Executive Officer
#### Roberto LARIAS, Appellant, v. The STATE of Florida, Appellee.

No. 87-2820.

District Court of Appeal of Florida, Third District.

July 12, 1988.

Rehearing Denied Aug. 17, 1988.

Bennett H. Brummer, Public Defender, and Friend & Fleck and Geoffrey C. Fleck, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

We affirm the defendant’s convictions upon a .holding that (1) the trial judge’s decision that the non-testifying defendant was quite capable of understanding and participating in the trial without the assistance of an interpreter is amply supported by the record which, inter alia, includes (a) the opinion of an interpreter that the defendant spoke “just about perfect English,” (b) extensive colloquies in English between the court and the defendant, and (c) the complete acquiescence of defense counsel in the decision not to appoint an interpreter for the defendant, *compare, e.g., Suarez v. United States,*309 F.2d 709 (5th Cir.1962) *and Bolender v. State,*422 So.2d 833 (Fla.1982) *with Monte v. State,*443 So.2d 339 (Fla. 2d DCA 1983); and (2) the defendant's claim that his counsel was wrongfully deprived of making the opening and closing final arguments to the jury is without merit because the defendant concededly offered testimony favorable to himself through a court witness, thus dis-entitling himself to this order of argument, *945
      *see McAvoy v. State,*501 So.2d 642 (Fla. 5th DCA 1986); *Bentley v. State,*422 So.2d 68 (Fla. 2d DCA 1982).

We reverse the imposition of costs against this indigent defendant because he was given neither notice that costs were being sought nor an opportunity to be heard on that issue. *Jenkins v. State,*444 So.2d 947 (Fla.1984).

Convictions and sentences affirmed; order assessing costs reversed and remanded to trial court for further proceedings consistent with this opinion.
**Exhibit
      32**





Certification
      of Principal Executive and Financial Officer


Pursuant
      to


Section
      906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)




In
      connection with the Quarterly Report on Form 10-Q for the quarter ended
      September 30, 2007 (the “Report”) of Highbury Financial Inc. (the “Registrant”),
      as filed with the Securities and Exchange Commission on the date hereof, the
      undersigned hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best
      of
      the undersigned’s knowledge:




(1)         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 Registrant for the
      period certified.




Date:
                November 7, 2007
            
            By:
            
            /s/
                Richard S. Foote**Richard
                S. Foote****President
                and Chief Executive Officer****(Principal
                Executive Officer)**By:
            
            /s/
                R. Bradley Forth**R.
                Bradley Forth****Executive
                Vice President, Chief Financial Officer and
                Secretary****(Principal
                Financial Officer)**




The
      foregoing certifications are being furnished to the Securities and Exchange
      Commission as part of the accompanying report on Form 10-Q. A signed original
      of
      this statement has been provided to Highbury Financial Inc. and will be retained
      by Highbury Financial Inc. and furnished to the Securities and Exchange
      Commission or its staff upon request.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 16

- 00243

- CV

James L. Mundie Jr.

v.

The State of Texas §

§

§

§ From the 211th District Court

of Denton County (F

- 2001

- 02 30

- C)

December 22, 2016

Opinion by Justice Meier



### JUDGMENT

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

there was no error in the trial court’s order . It is ordered that the order of the trial

court is affirmed.

SECOND DIST RICT COURT OF APPEALS

By /s/ Bill Meier

Justice Bill Meier
II 

111TH CONGRESS 

1ST SESSION S. 2404 

To extend the temporary reduction of duty on acrylic or modacrylic filament 

tow. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mrs. HAGAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the temporary reduction of duty on acrylic or 

modacrylic filament tow. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ACRYLIC OR MODACRYLIC FILAMENT TOW. 

4 (a) IN GENERAL.—Heading 9902.10.21 of the Har5 monized Tariff Schedule of the United States (relating to 

6 acrylic or modacrylic filament tow) is amended by striking 

7 ‘‘12/31/2009’’ and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2404 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2247 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2247

           To extend the suspension of duty on Fenpropathrin.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

Mrs. Feinstein introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
           To extend the suspension of duty on Fenpropathrin.

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

SECTION 1. FENPROPATHRIN.

    (a) In General.--Heading 9902.05.22 of the Harmonized Tariff 
Schedule of the United States (relating to Fenpropathrin) is amended by 
striking ``12/31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed 

August 1, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00369-CV

IN RE ORION MARINE CONSTRUCTION, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

270th District Court

Harris County, Texas

Trial Court Cause No. 2017-08160

MEMORANDUM OPINION

May 3, 2019, relator Orion Marine Construction, Inc. filed a petition for writ 

of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. 

App. P. 52. In the petition, relator asks this court to compel the Honorable Dedra 

Davis, presiding judge of the 270th District Court of Harris County, to set aside her 

April 24, 2019 order denying relator’s motion to compel discovery responses.
2 

Real party in interest has provided the information relator seeks. Therefore, 

the request for relief is now moot. Accordingly, we dismiss relator’s petition for 

writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Hassan.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2288 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2288

   To extend temporarily the suspension of duty on p-Amino Benzamide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Brown (for himself and Mr. Voinovich) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To extend temporarily the suspension of duty on p-Amino Benzamide.

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

SECTION 1. P-AMINO BENZAMIDE.

    (a) In General.--Heading 9902.25.13 of the Harmonized Tariff 
Schedule of the United States (relating to p-Amino Benzamide) is 
amended by striking the date in the effective column period and 
inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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

In connection
with the report on Form 10-Q of NCI, Inc. (the Company) for the fiscal quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Executive
Vice President and Chief Financial Officer of the Company certifies, to the best of her knowledge and belief pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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

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



|                       |  |                              
|---------------------- |  | -----------------------------
|Date: November 5, 2009 |  | /s/ JUDITH L. BJORNAAS       
|                       |  | Judith L. Bjornaas           
|                       |  | Senior Vice President and    
|                       |  | Chief Financial Officer      
|                       |  | (Principal Financial Officer)

A signed original of the written statement required by Section 906 has been provided to NCI,
Inc. and will be retained by NCI, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### STATE ex rel. Alvin KELLER v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary.

No. 88-KH-2470.

Supreme Court of Louisiana.

April 21, 1989.

In re Keller, Alvin; — Plaintiff(s); applying for supervisory and/or remedial writ; *889Parish of Orleans, Criminal District Court, Div. “C”, No. 269-990.

Denied.