alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II

104TH CONGRESS

2D SESSION S. 1552

To amend the Railroad Retirement Act of 1974 to prevent the canceling

of annuities to certain divorced spouses of workers whose widows elect

to receive lump sum payments.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1, 1996

Mr. DASCHLE introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To amend the Railroad Retirement Act of 1974 to prevent

the canceling of annuities to certain divorced spouses

of workers whose widows elect to receive lump sum

payments.

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 ‘‘Railroad Retirement

5 Amendment Act of 1996’’.

6 SEC. 2. PROTECTION OF DIVORCED SPOUSES.

7 (a) IN GENERAL.—Section 6(c) of the Railroad Re8 tirement Act of 1974 is amended—
2

S 1552 IS

1 (1) in the last sentence of paragraph (1), by in2 serting ‘‘(other than to a survivor in the cir3 cumstances described in paragraph (3))’’ after ‘‘no

4 further benefits shall be paid’’; and

5 (2) by adding at the end the following:

6 ‘‘(3) Notwithstanding the last sentence of para7 graph (1), benefits shall be paid to a survivor who—

8 ‘‘(A) is a divorced wife; and

9 ‘‘(B) through administrative error received

10 benefits otherwise precluded by the making of a

11 lump sum payment under this section to a

12 widow;

13 if that divorced wife makes an election to repay to

14 the Board the lump sum payment. The Board may

15 withhold up to 10 percent of each benefit amount

16 paid after the date of the enactment of this para17 graph toward such reimbursement. The Board may

18 waive such repayment to the extent the Board deter19 mines it would cause an unjust financial hardship

20 for the beneficiary.’’.

21 (b) APPLICATION OF AMENDMENT.—The amendment

22 made by this section shall apply with respect to any bene23 fits paid before the date of enactment of this Act as well
3

S 1552 IS

1 as to benefits payable on or after the date of the enact2 ment of this Act.

Æ
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        REMEMBERING RICKY WRIGHT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Texas (Mr. Conaway) for 5 minutes.
  Mr. CONAWAY. Mr. Speaker, I rise today to recognize a good and decent 
man, a loyal servant of Texas and my friend, Ricky Wright. Ricky Wright 
passed away Wednesday, August 1, after a tremendous battle with cancer. 
Words cannot adequately express the sorrow and disbelief that Susan and 
I feel, along with every member of our team, at these difficult times.
  I met Ricky when I first started running for Congress, and since that 
time, Ricky has been at my side as a mentor, confidant, and a close 
friend. While Ricky was employed as my district director, he served the 
people of District 11.
  This service to his neighbors was a task he lived every day. Ricky 
routinely logged hundreds of miles a week, drove to every corner of 
District 11. Through his work, he touched the lives of thousands of 
Texans. There was no problem in our district that was too small for his 
attention or too big for his talents.
  During these travels, Ricky never once met a stranger. With his easy 
smile and open demeanor, Ricky would make everyone feel like they'd 
been his friend for a lifetime. But during all these travels and 
meetings, too many to count, he never forgot that his home was 
Comanche, Texas.
  Comanche is ever much a part of Ricky as his fingers and his toes. It 
was the community he was raised in, the community that taught him the 
character and morals that would guide his life. Perhaps that is also 
where he inherited his stubborn streak. Ricky had a confidence in the 
possibilities that could be, in spite of the limited vision of those 
around him. You could see this in him every day as he quietly refused 
to yield to mediocrity or to compromise his principles.
  It was his stubbornness that set Ricky apart from the crowd, and 
that's where I believe he was most comfortable, just a little further 
up the path, showing the rest of us the way. Today, Ricky is still just 
a little further up the path showing us the way as he showed us how he 
carried himself in the face of those deep difficulties toward the end 
of his life.
  We'll remember Ricky as he would want to be remembered, a faithful 
friend, a tireless worker whose hopeful, idealistic, daring, and decent 
way of life inspired us all. To those of us who knew him and worked 
with him, he was like family, and his loss will be felt every time we 
gather together without him. He'll never be replaced or forgotten, and 
I ask you for your prayers for Ricky and his family and those of us who 
loved him.
  I miss my friend.

                          ____________________
```
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON



### O RDER 

### W ITHDRAWING 

### M EDIATION 

### O RDER

Cause number: 01

- 18

- 00024

- CV

Style: Mahasin A. Hawdi v. Atheel Mutammara, Agent and Attorney

- in

- fact for

William B. Mutammara

Date motion filed: Febru ary 5, 2018

Type of Motion: Objection to Mediation

Party filing motion: Appellee



### It is ordered that Appellee = s objection to mediation is granted. We withdraw our

Mediation Order dated February 1, 2018

.

Judge's signature: /s/ Jennifer Caughey

X Acting in dividually Q Acting for the Court

Panel consists of

Date: February 15, 2018

* Absent emergency or a statement that the motion is unopposed, must wait ten days before acting on motion except for

m otion to extend time to file a brief. See T EX

. R. A PP

. P. 10.3(a).

Note : Single justice may grant or deny any request for relief properly sought by motion, except in a civil case a single justice

should not: (1) act on a petition for an extraordinary writ or (2) dismiss or otherwise determine an appeal or a motion

for rehearing. T EX

. R. A PP

. P. 10.4(a).
Exhibit23.1

 

 

 

CONSENTOF INDEPENDENT ACCOUNTANTS

 

 

 

Weconsent to the incorporation by reference in the two Registration Statements onForm S-8 for the “Successories, Inc. Amended and Restated Stock Option Plan”filed with the Securities and Exchange Commission on January 9, 2002 andthe “Successories, Inc. Employee Stock Purchase Plan” filed with the Securitiesand Exchange Commission on January 20, 1999, of our report datedApril 2, 2003, except for Note 7 as to which the date is April 25,2003, appearing in this Annual Report on Form 10-K of Successories, Inc. andSubsidiaries for the years ended February 1, 2003, February 2, 2002, andFebruary 3, 2001.

 

 

 

Crowe Chizek and Company LLC

 

Oak Brook, Illinois

May 12, 2003

 

 

----
<PAGE>   1
                                   EXHIBIT 18




February 5, 1996

To the Board of Directors of
National Education Corporation


Dear Directors:

We have audited the consolidated financial statements included in the Company's
Annual Report on Form 10-K for the year ended December 31, 1995 and issued our
report thereon dated February 5, 1996. Note 1 to the consolidated financial
statements describes a change in the Company's method of determining the cost of
inventories from the last-in, first-out to the first-in, first-out method. It
should be understood that the preferability of one acceptable method of
inventory accounting over another has not been addressed in any authoritative
accounting literature and in arriving at our opinion expressed below, we have
relied on management's business planning and judgment. Based upon our
discussions with management and the stated reasons for the change, we believe
that such change represents, in your circumstances, the adoption of a preferable
alternative accounting principle for inventories in conformity with Accounting
Principles Board Opinion No. 20.



Very truly yours,



Price Waterhouse LLP
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
  
    
    the Amendment No. 1 to the Annual Report of the Company on Form 10-K for the year ended
December 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and
 
    
    the information contained in such report fairly presents, in all material respects, the
financial condition and results of operation of the Company.
  /s/ Donald M. EarhartDonald M. EarhartChief Executive Officer/s/ James R. TalevichJames R. TalevichChief Financial Officer
 Note:
    
    A signed original of this written statement required by Section 906
has been provided to I-Flow Corporation and will be retained by
I-Flow Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-1924

___________ National Labor Relations Board, * * Petitioner, * * v. * * McGuire Plumbing and Heating, Inc., * * Respondent. * __________ On Petition for Review from National Labor Relations Board. No. 04-2114 __________ [UNPUBLISHED] National Labor Relations Board, * * Respondent, * * v. * * McGuire Plumbing and Heating, Inc., * * Petitioner. *

___________ Submitted: January 10, 2005 Filed: January 19, 2005

___________-2- Before WOLLMAN, FAGG, and BYE, Circuit Judges.

___________ PER CURIAM. An administrative law judge (ALJ) found McGuire Plumbing & Heating, Inc. unlawfully refused to hire two union members, Dale Hankins and Robert Vance. McGuire was ordered to take affirmative action to make Hankins and Vance whole for any loss of earnings. McGuire Plumbing did not file any exceptions with the Board, the Board summarily adopted the ALJ’s decision, and we summarily entered a judgment enforcing the Board’s order. A dispute about the amount of backpay arose. After a hearing, an administrative law judge (ALJ) determined the applicable back pay period, the hours Hankins and Vance would have worked, and their wage rates. The Board affirmed the ALJ’s decision. McGuire now petitions for review and the NLRB seeks enforcement. McGuire raises eight arguments challenging the back pay orders. McGuire’s arguments are not properly before us. McGuire Plumbing’s claim that the company would not have hired Vance was resolved against the company in the underlying unfair labor practice proceeding and cannot be relitigated in this compliance proceeding. NLRB v. Laredo Packing Co. , 730 F.2d 405, 407 (8 th Cir. 1984). McGuire Plumbing did not raise most of its remaining arguments in exceptions before the Board and offers no extraordinary reasons for failing to do so. Thus, we lack jurisdiction to consider them. Cobb Mech. Contractors, Inc. v. NLRB , 295 F.3d 1370, 1377 (D.C. Cir. 2002). McGuire Plumbing raised one issue in exceptions to the Board that was not decided in the underlying unfair labor practice proceeding: that backpay was excessive because the backpay period failed to account for the company’s typical employment cycle and normal pattern of employee hires, discharges, and involuntary terminations. The Board considered the issue and resolved it against the company. Because McGuire Plumbing did not raise the issue-3- in its opening brief, we decline to consider it. See United States v. Brown , 108 F.3d 863, 867 (8 th Cir. 1997). We thus deny the petition for review and enforce the Board’s backpay order.

______________________________
**Exhibit
      32.1**








**Certification
      of the Chief Executive Officer**


**Pursuant
      to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002**





I,
      Stephen Brock, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report
      of
      Public Company Management Corporation on Form 10-QSB/A for the quarterly period
      ended December 31, 2005, fully complies with the requirements of Section 13(a)
      or 15(d) of the Securities Exchange Act of 1934 and that information contained
      in such Form 10-QSB/A fairly presents in all material respects the financial
      condition and results of operations of Public Company Management
      Corporation.





Date:
      December 8, 2006





By:  /s/
      Stephen Brock


Stephen
      Brock,


Chief
      Executive Officer
Order entered June 29, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00464-CV

METROCARE SERVICES, Appellant

V.

CANDACE LOVE, Appellee

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-17-17677

ORDER

Before the Court is appellee’s June 26, 2018 unopposed motion for an extension of time 

to file a brief. We GRANT the motion and extend the time to August 3, 2018.

/s/ ADA BROWN 

JUSTICE
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-18-00723-CR

Michael P. CARACHEO,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Bandera County, Texas

Trial Court No. CR17-040

Honorable M. Rex Emerson, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, appellant’s motion to dismiss appeal 

is GRANTED, and this appeal is DISMISSED.

SIGNED February 27, 2019.

_________________________________

Sandee Bryan Marion, Chief Justice
# FILED January 14, 1998 Cecil W. Crowson Appellate Cou rt Clerk 

## IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

ROBERT OGBURN, ) ) Plaintiff/Appell

ant, ) Davidson Chancery

) No. 96-1806-I(II) VS. ) ) Appeal No. TENNESSEE DEPARTMENT OF ) 01A01-9707-CH-00284 CORRECTION, ET AL., ) ) Defendants/Appel

lees. )


## DISSENTING OPI

NION
I respectfully dissent from the court’s conclusion that the Depar tmen t of Correction

was not required to

promulgate Policy 502 .02 as a rule in accordance wi

th the Uniform Administrative Proced u res Act. See Mandela v. Campbell , App. No. 01A01- 9607- CH-00332, 1996 WL 730289, at *3 (Tenn. Ct. App. Dec. 20, 1996), perm. app. granted

(Tenn. May 12, 1997) (Koch, J., dissenting). I concur with the r

emaining provisions of

the opinion.

_______________________________ WILLIAM C. KOCH, JR., JUDGE
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 Annual Report of Trimol Group Inc. (the "Company")
on Form 10-KSB for the period ending December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer of the Company hereby certifies, 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, and (2) the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company as of and for the periods
covered in the Report.

                                                     /s/ Yuri Benenson
                                                     ---------------------------
                                                     Yuri Benenson
                                                     Chief Executive Officer
                                                     TRIMOL GROUP, INC.

April 14, 2004


                                       50
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Medivation, Inc. (the Company) hereby certifies, to such officers knowledge, that:

(i) the accompanying amended Annual Report on Form 10-KSB/A of the Company for the fiscal year ended December 31, 2005 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, 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.

Date: April 6, 2006



|       |  |                                      
|------ |  | -------------------------------------
|       |  | /S/    DAVID T. HUNG,
M.D.           
|Name:  |  | David T. Hung, M.D.                  
|Title: |  | President and Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.
NUMBER 13-12-00079-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

MAURICE ARNEZS YOUNG A/K/A 

MAURICE ARNEZ YOUNG A/K/A 

MAURICE ARNES YOUNG, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On Appeal from the 156th District Court

of Bee County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Vela, and Perkes

Memorandum Opinion Per Curiam

Appellant, Maurice Arnezs Young a/k/a Maurice Arnez Young a/k/a Maurice Arnes 

Young, by and through his attorney, has filed a motion to dismiss his appeal because he 
2

no longer desires to prosecute it. See TEX. R. APP. P. 42.2(a). Without passing on the 

merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate 

Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant's 

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b). 

Delivered and filed the

14th day of June, 2012.
#### STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, v. FREDERICK WALTER SMIGELSKI, PROSECUTOR-APPELLANT.

Argued October 11, 1948

Decided October 18, 1948.

*Mr. Anthony A. Calandra*argued the cause for prosecutor-appellant.

*Mr. Horace K. Roberson*and *Mr. William P. Gannon*filed a ■brief for the defendant-respondent.

Per Curiam.

The appellant seeks to quash the indictment or in the alternative to transfer it to the Juvenile and Domestic *32Relations Court of Hudson County. The appeal must be dismissed because the record shows no final judgment in the Supreme Court but merely a dismissal of the writ in question. *State v.*Ireland, 127 *N. J. Law*558*(E. & A.*1942).

However, we examined the case upon its merits and have concluded that it is controlled by *In re Mei,*122 *N. J. Eq.*12S *(E.&A.1937).*

The appeal is dismissed.

*For dismissal:*Chief Justice Vanderbilt and Justices Case, Hei-ier, Oliphant, Wacheneeld, Burling, and Aokerson—7.

*Opposed:*None.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7887
LEON MCRAY KNIGHT, JR., Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Richard B. Kellam, Senior District Judge. (CA-95-506-N) Submitted: May 16, 1996 Decided: May 29, 1996 Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Leon McRay Knight, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Knight v. Angelone , No. CA-95-506-N (E.D. Va. Nov. 8, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
**EXHIBIT21.1**

 

The J. Jill Group,Inc.

Listing ofSubsidiaries

At December 31,2005

 
| **Name of Subsidiary** | ** ** | **State/Other Jurisdiction of Organization** |
|----------------------------------|------------|-------------------------------------------------------------|
|                             |       |                                                        |
| Birch Pond Realty  Corporation   |       | Delaware                                                    |
| J.J. Company, Inc.               |       | Massachusetts                                               |
| J. Jill, GP                      |       | Massachusetts                                               |
| J. Jill Italia S.r.l.            |       | Italy                                                       |
| J. Jill, LLC                     |       | New Hampshire                                               |

 

1

----
Exhibit 32.1

CERTIFICATION

In connection with the Annual Report on Form 10-K of The J. Jill Group, Inc. (the "Company") for the fiscal year ended
December 25, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned officers certifies, to the best knowledge and belief of the
signatory, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|/s/GORDON R. COOKEGordon R. Cooke
President, Chief Executive Officer and
Chairman of the Board of Directors (Principal Executive Officer) |  | /s/OLGA L. CONLEYOlga L. Conley
Executive Vice President/ Chief Financial Officer and Treasurer (Principal Financial Officer)
|----------------------------------------------------------------------------------------------------------------------------------------- |  | -----------------------------------------------------------------------------------------------------------------------------
|Date: March 10, 2005                                                                                                                      |  | Date: March 10, 2005                                                                                                         

---



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