alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Samuel Ray PARRISH, Debtor. Sharman Rae McVAY, Appellant, v. Samuel Ray PARRISH, Appellee.

No. 93-8063

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 15, 1993.

*77JoAnn H. Means, Barbara Moe, Dawson & Sodd, Corsicana, TX, for appellant.

Pete Andres, Thurman, Harrison & Steck, Arlington, TX, William'Earl Stallings, Waco, TX, for appellee.

Before KING, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:

The parties contest the avoidance in bankruptcy of an equitable lien imposed by a Texas divorce decree. We agree with the courts below that the lien is avoidable as a judgment lien under 11 U.S.C. § 522(f).

Samuel Parrish and-Sharman McVay married March 6, 1982. A year later Parrish inherited a 23.15 acre tract from his mother. The parties divorced on March 21, 1991. The divorce decree included a judgment in MeVay’s favor against Parrish for $76,500, representing half of the reimbursement to the community estate for improvements Parrish made to the land he inherited. This judgment was secured by an equitable lien against that land. Parrish filed for Chapter 7 bankruptcy relief on May 29, 1991. The bankruptcy court allowed Parrish to avoid the lien under 11 U.S.C. § 522(f)(1), 144 B.R. 349 and the district court affirmed.

Section 522(f)(1) allows a debtor to avoid the fixing of a judicial lien on property made exempt as a Texas homestead.1 Its protection is limited in that a debtor cannot avoid a lien on an interest acquired after a lien attached. *Farrey v. Sanderfoot,*500 U.S. 291, 111 S.Ct. 1825, 114 L.Ed.2d 337 (1991). *Farrey*involved a divorce decree that simultaneously ended a marital community and created a lien against one of the new separate property interests. The court reasoned that when a debtor simultaneously acquired a fee simple interest and a lien on that interest, there was no risk that the lien had been created by a creditor rushing to court in anticipation of bankruptcy. The policy behind section 522(f)(1) was not advanced by applying it under those circumstances. *Id.**78500 U.S. at -, 111 S.Ct. at 1830-31. *See also In re Finch,*130 B.R. 753, 757 (S.D.Tex.1991) (reaching the same result under Texas community property law).

This case is distinguishable from *Farrey*and *Finch.*Parrish acquired the property through inheritance in 1983 as his separate property. From that point on it was his separate property, as Texas law fixes the character of property as of the time of inception of title. *Eggemeyer v. Eggemeyer,*554 S.W.2d 137, 140 (Tex.1977). Thus the decree did not create a new property interest for Parrish as did the decrees in *Farrey*and *Finch.*Since Parrish’s interest existed before the divorce and continued unaltered afterwards, we find that the lien attaching to that property was avoidable under section 522.

AFFIRMED.

1

. Parrish also contests the validity of the lien under Texas law. We assume for the purpose of applying § 522 that an enforceable lien existed, but we express no opinion as to the merits of Parrish’s contention.
**Exhibit 32.2**

 

**AFFINITY GROUP, INC.**

 

**STATEMENT PURSUANT TO 18 U.S.C. SECTION 1350**

 

I,Thomas F. Wolfe, Senior Vice President and Chief Financial Officer of AffinityGroup, Inc., a Delaware corporation (the “Company”), hereby certify asfollows:

 

1.                                       This statementis provided pursuant to 18 U.S.C. Section 1350 in connection with theCompany’s Annual Report on Form 10-K for the fiscal year ended December 31,2008 (the “Periodic Report”);

 

2.                                       The PeriodicReport fully complies with the requirements of section 13(a) and 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

3.                                       The informationcontained in the Periodic Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of the datesand for the periods indicated therein.

 

 
| Date:  June 5,  2009 |                                                |
|-------------------------------------|-----------------------------------------------------|
|                                |                                                |
|                                |                                                |
|                                | /s/  Thomas F. Wolfe                                |
|                                | Thomas  F. Wolfe                                    |
|                                | Senior  Vice President and  Chief Financial Officer |

 

----
Exhibit 32.1



CERTIFICATION



In connection with the periodic report of American Pharmaceutical Partners, Inc. (the
Company) on Form 10-Q for the quarter ending June 30, 2005 as filed with the Securities and Exchange Commission (the Report), I, Alan L. Heller, Chief Executive Officer of the Company, hereby certify as of the date hereof,
solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Date: August 9, 2005 |  |  |  | /s/ ALAN L. HELLER     
|                     |  |  |  | Alan L. Heller         
|                     |  |  |  | Chief Executive 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.
Order entered December 5, 2018

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 17

- 00226

- CR

MATTHEW JOSEPH ALLEN

, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 38 0th Judicial District Court

Collin County, Texas

Trial Court Cause No. 380

- 80447

- 2016



### O RDER

Appellant’s December 4, 2018 Motion to Extend Time to File Appellant’s Motion for

Rehearing and Motion for En Banc Reconsideration is GRANTED in part. Any motion for

rehearing or reconsideration is ORDERED filed on or before December 19, 2018.

/Jason Boatright/

JASON BOATRIGHT

JUSTICE
<PAGE>

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-30344 and 333-51430) and on Form S-8 (Nos. 333-
73904, 333-55978, 333-53446, 333-32096, 333-32092 and 333-65923) of Hanover
Compressor Company of our report dated March 30, 2001, except as to Note 19 to
the consolidated financial statements, which is as of April 15, 2002, relating
to the consolidated financial statements and financial statement schedule, which
appears in this Form 10-K/A.




PricewaterhouseCoopers LLP

Houston, Texas
April 15, 2002
EXHIBIT 10.44

September 27,
2002

Mr. James
W. Dennis
48 Bantala Place
Castle Rock, Colorado 80104

Re:
Consulting Services

Dear
Jim:

On
behalf of myself and the rest of my management team here at HealtheTech, we are thrilled at the opportunity to have you work with us on a regular basis. This letter sets forth our
understanding with respect to your services to HealtheTech, including:



In
exchange for these services, HealtheTech is granting to you a warrant in the form attached for the purchase of 40,000 shares at an exercise price of $7.50 per share and 36,000 shares
at an exercise price of $10.00 per share. If you are in agreement with the foregoing, please so indicate by counter signing this letter where indicated below.

Sincerely,

/s/
JAMES R. MAULT

James
R. Mault, M.D.
Chairman and CEO

| |  | ACKNOWLEDGED AND AGREED:         
| |  | ---------------------------------
| |  | /s/JAMES W. DENNISJames W. Dennis

---

QuickLinks
Description of Annual Salaries of Named Executive Officers



 Exhibit 10.20 
  
 GENSYM CORPORATION 
  
 Annual Salaries of Named Executive Officers 
  
 As of March 30, 2005, the following are the base salaries (on an annual basis) of the Company’s named executive officers: 
  

				
	 Name and Title

	  	2005 Annual
Base Salary


	 Kim Mayyasi
 President and Chief Executive Officer
	  	$	275,000
	 Lowell B. Hawkinson
 Chairman and Chief Technology Officer
	  	$	180,000
	 Stephen D. Allison
 Vice President, Finance and Chief Financial Officer
	  	$	180,000
	 Carl D. Schultz
 Vice President, Operations
	  	$	130,000
	 Philippe C. Printz
 Vice President, Engineering
	  	$	140,000

  
 Messrs. Mayyasi and
Hawkinson serve as directors of the Company, but receive no additional or special compensation for serving as directors.
Exhibit 23(a)


                                                               Cole & Reed, P.C.
                                                    Certified Public Accountants

                                                      531 Couch Drive, Suite 200
                                                   Oklahoma City, OK  73102-2251
                                                                  (405) 239-7961
                                                              FAX (405) 235-0042


CONSENT OF INDEPENDENT AUDITORS

We consent to incorporation by reference in the Registration Statement (No.
33-87110, 33-98482, 333-06757 and 333-85936, on Form S-8 of The Beard Company of
our report dated April 8, 2002, relating to the balance sheets of The Beard
Company and subsidiaries as of December 31, 2001 and 2000, and the related
statements of operations, shareholders' equity (deficiency) and cash flows for
the years ended December 31, 2001 and 2000, which report appears in the December
31, 2001, annual report on Form 10-K of The Beard Company.

                                        COLE & REED P.C.


Oklahoma City, Oklahoma
April 8, 2002
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 Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 (the Report) of MCG
Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Stephen J. Bacica, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge,
pursuant to 18 U.S.C. Section 1350 that:



| | (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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/    STEPHEN J. BACICAName:

Stephen J. BacicaTitle:

Chief Financial OfficerDate

May 9, 2011
EXHIBIT 32



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. § 1350, as adopted), James W. Dennis, the Chief Executive Officer of HealtheTech, Inc. (the Company), and Rick Fresia, the Vice President Finance of the Company, each hereby certifies that, to the best of his knowledge:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Periodic
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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 13, 2004



|                                                     |  |                                                                                
|---------------------------------------------------- |  | -------------------------------------------------------------------------------
|/s/ James W. Dennis                                  |  | /s/ Rick Fresia                                                                
|James W. Dennis Chairman and Chief Executive Officer |  | Rick Fresia Vice President Finance (Principal Financial and Accounting Officer)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                       1000
<COMMON>                                         74150
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4970 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 4970

To require the creation and maintenance of a MadeInAmerica.gov website.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2018

   Ms. Meng introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To require the creation and maintenance of a MadeInAmerica.gov website.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``MadeInAmerica.gov Act''.

SEC. 2. MADE IN AMERICA WEBSITE.

    (a) Website Creation.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Commerce shall create and 
maintain a ``MadeInAmerica.gov'' website where consumers can find 
information about products that are made in America.
    (b) Regulations.--The Secretary shall issue such regulations as are 
necessary to implement this Act.
                                 <all>
```
#### Michael P. GALLAGHER, Petitioner-Appellant, v. Robert D. HANNIGAN, Warden; Kansas Department of Corrections; Attorney General of Kansas; Joan Finney, Governor and Kansas Parole Board, Respondents-Appellees.

No. 93-3397.

United States Court of Appeals, Tenth Circuit.

April 15, 1994.

Before MOORE, ANDERSON, and KELLY, Circuit Judges.

ORDER

Michael P. Gallagher has filed a motion to proceed without payment of fees and an application for a certificate of probable cause. The district court dismissed the petition because petitioner had failed to first raise in the state courts the issues asserted in the federal habeas action. There is no question that conclusion is correct.

Petitioner has not made a substantial showing of the denial of an important federal right by demonstrating that the issues raised are debatable among jurists, that a court could resolve the issues differently, or that the questions deserve further proceedings. *Barefoot v. Estelle,*463 U.S. 880, 103 S.Ct. 3883, 77 L.Ed.2d 1090 (1983). The certificate of probable cause is therefore DENIED and the appeal is DISMISSED. The mandate shall issue forthwith.
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Page E1618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. MARTIN HEINRICH

                             of new mexico

                    in the house of representatives

                       Friday, September 21, 2012

  Mr. HEINRICH. Mr. Speaker, on September 20, 2012, I unfortunately 
missed one vote, rollcall No. 588. If I had been present, I would have 
voted ``no'' on rollcall vote 588.

                          ____________________
```
Exhibit
10.2

CONSENT OF INDEPENDENT REGISTERED
PUBLIC ACCOUNTING FIRM

The Board of Directors
 Elan
Corporation, plc

Dear Sirs:

We consent to
incorporation by reference in the Post-Effective Amendments on Forms
F-3 and S-8 to the Registration Statement on Form F-4 (No. 333-12756)
of Elan Corporation, plc, the Registration Statements on Form S-8 (Nos.
333-13996, 333-12344, 333-11940, 333-09644, 333-09284, 333-09048,
333-08384, 333-07361, 333-07136, 333-14240, 333-27506, 333-100252 and
333-121021) of Elan Corporation, plc, and the Registration Statement on
Form F-3 (No. 333-13130) of Elan Corporation, plc and Athena
Neurosciences Finance, LLC, of our report dated April 8, 2005, relating
to the consolidated balance sheets of Elan Corporation, plc and
subsidiaries as of December 31, 2004 and 2003 and the related
consolidated statements of operations, shareholders' equity and
other comprehensive income/(loss) and cash flows for each of the years
in the three year period ended December 31, 2004, which report appears
in the Form 20-F of Elan Corporation, plc for the fiscal year ended
December 31, 2004.

Our report dated April 8, 2005 contains
an explanatory paragraph that states that in the fiscal years prior to
2004, the Company prepared its financial statements in conformity with
accounting principles generally accepted in Ireland
("Irish GAAP"), and presented in a footnote
to such financial statements a reconciliation of shareholders'
equity and net income under Irish GAAP to shareholders' equity
and net income under U.S. GAAP. As disclosed in Note 2,
"Restatements", to the Consolidated Financial
Statements, shareholders' equity and net loss under U.S. GAAP for
the years ended December 31, 2003 and 2002, as previously disclosed,
have been restated to reflect the correction of an error in accounting
for an insurance program that did not involve risk transfer and an
error in accounting for the income tax effect of net operating loss
carryforwards.

/s/ KPMG

KPMG
 Dublin,
Ireland

April 8, 2005
-84 -82 -80 -78 -76 -74

36 38 40 

### ★

▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 08/02 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 02 Aug 06

EDAS Meteorological DataSource★at 38.81 N 76.74 WMeters AGL
IB 

Union Calendar No. 476 

115TH CONGRESS 

2D SESSION H. R. 4925 

[Report No. 115–623] 

To require the Administrator of the Federal Railroad Administration to implement certain recommendations for management and collection of railroad 

safety data. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2018 

Mr. GOTTHEIMER (for himself and Mr. MITCHELL) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure 

APRIL 5, 2018 

Additional sponsor: Mr. FASO

APRIL 5, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


amozie on DSK30RV082PROD with BILLS
2 

•HR 4925 RH

A BILL 

To require the Administrator of the Federal Railroad Administration to implement certain recommendations for management and collection of railroad safety data. 


amozie on DSK30RV082PROD with BILLS
3 

•HR 4925 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FRA Safety Data Im5 provement Act’’. 

6 SEC. 2. RECOMMENDATIONS FOR MANAGEMENT AND COL7 LECTION OF RAILROAD SAFETY DATA. 

8 (a) IN GENERAL.—The Administrator of the Federal 

9 Railroad Administration shall develop a plan, and a 

10 timeline to carry out such plan, to implement the rec11 ommendations from the Inspector General Report No. 

12 ST2017045 of the Department of Transportation, issued 

13 on May 3, 2017, to the greatest extent possible, to improve 

14 the Federal Railroad Administration’s management and 

15 collection of railroad safety data. 

16 (b) IMPLEMENTATION.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after date of enactment of this Act, the Adminis19 trator shall submit the plan and timeline developed 

20 under subsection (a) to the Committee on Transpor21 tation and Infrastructure of the House of Represent22 atives and the Committee on Commerce, Science, 

23 and Transportation of the Senate. 


amozie on DSK30RV082PROD with BILLS
4 

•HR 4925 RH

1 (2) REPORT.—The Administrator shall report 

2 annually to the committees on the implementation of 

3 such plan until implementation is complete. 

4 SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. 

5 No additional funds are authorized to carry out the 

6 requirements of this Act. Such requirements shall be car7 ried out using amounts otherwise authorized. 


amozie on DSK30RV082PROD with BILLS

amozie on DSK30RV082PROD with BILLS
Union Calendar No. 476 

115TH CONGRESS 

2D SESSION H. R. 4925 

[Report No. 115–623] 

A BILL 

To require the Administrator of the Federal Railrailroad safety data. ommendations for management and collection of road Administration to implement certain recAPRIL 5, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


amozie on DSK30RV082PROD with BILLS