alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert Larry DAVIS, Appellant, v. Carl Glenn WILLIAMS, Appellee.

No. 4278.

Court of Civil Appeals of Texas. Waco.

Oct. 15, 1964.

*936Painter & Painter, Houston, for appellant.

Cattanach, Capps, Turner & Coe, Houston, for appellee.

McDONALD, Chief Justice.

This is a venue case. Plaintiff Williams brought this suit against defendant Davis for damages resulting from defendant’s alleged negligence when defendant ran his automobile into the rear of plaintiff’s automobile on Hempstead Street in Houston, Harris County, Texas. Defendant filed his plea of privilege to be sued in Potter County, the county of his residence. Plaintiff filed controverting plea alleging negligence on the part of defendant in Harris County, Texas within the meaning of Section 9a, Article 1995 Vernon’s Ann.Tex.Civ.St. After hearing without a jury, the Trial Court overruled defendant’s plea of privilege.

Defendant appeals, contending the Trial Court erred in overruling his plea of privilege because 1) plaintiff did not prove by a preponderance of the evidence that the event complained of occurred in Harris County, Texas; 2) plaintiff did not prove by a preponderance of the evidence any act of negligence on the part of defendant.

The defendant Davis testified that the collision made the basis of suit in this case, occurred on the Hempstead Highway where it intersects with Mangum Road; that he thought such location was in the City of Houston and in Harris County. Defendant further testified that he had 4 or 5 drinks prior to the accident; that he ran into the rear of a car when such car was stopped at a signal light; that he saw such car about 125 feet back; hit his own brakes; but still hit the car in the rear; and that he had been told the plaintiff Williams was the driver of the car he hit. The witness Fain testified he was a police officer of the City of Houston and he investigated the accident; that the accident occurred in the 10,300 block of Hempstead; that the 10,300 block of Hempstead is in Harris County and is in the City of Houston; and that defendant Davis was driver of the automobile striking the other automobile from behind, and the plaintiff Williams was driving the automobile struck by defendant Davis.

We think the evidence ample to support the Trial Court’s determination that defendant was guilty of negligence occurring in Harris County, Texas. Defendant’s contentions are overruled and the judgment of the Trial Court is affirmed.
2 Attachments

Colleen,

Per your request, please find attached a table that contains a breakdown of the cost of Selective Non- Catalytic Reduction (SNCR) for Navajo Generating Station. As can be seen in the table, the cost estimate for SN CR was
based on a combination of information that SRP obta ined from Fuel Tech, the vendor of this technology, and information that SRP’s Engineering Department devel oped. I have also attached a letter from Fuel Tech that supports the estimates contained in the table.

If you have any questions, please feel free to call me.

Thanks,

Grant SNCR Cost Breakdown

Smedley Grant M

to: Colleen McKaughan 03/16/2012 09:23 AM Cc: Anita Lee, Eugene Chen, Barr Kelly J, Scott Bohning , Deborah Jordan Hide Details From: Smedley Grant M <Grant.Smedley@srpnet.com> So rt List...

To: Colleen McKaughan/R9/USEPA/US@EPA

Cc: Anita Lee/R9/USEPA/US@EPA, Eugene Chen/R9/USEPA /US@EPA, Barr Kelly J <Kelly.Barr@srpnet.com>, Scott Bohning/R9/USEPA/US@ EPA, Deborah Jordan/R9/USEPA/US@EPA

History: This message has been forwarded.

SNCR Cost Estimate.pdf Fuel Tech SNCR Cost Estimates for NGS.pdf Page 1 of 2

4/3/2012 file://C:\Documents and Settings\ALEE07\Local Setti ngs\Temp\notesBAAA25\~web9498.h

...--------------------------------------------------- ------

Grant Smedley Manager, Environmental Policy & Innovation Salt River Project Tel: (602) 236-2928 Fax: (602) 236-6690 grant.smedley@srpnet.com

--------------------------------------------------- ------ Page 2 of 2

4/3/2012 file://C:\Documents and Settings\ALEE07\Local Setti ngs\Temp\notesBAAA25\~web9498.h

...
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, furnished herewith.

Armstrong Holdings, Inc.

(the Company)

Written Statement by Chief Financial Officer

Pursuant to Section 906 of Sarbanes-Oxley Act of 2002

I certify to the best of my knowledge and belief that
the Companys Form 10-Q periodic report containing its financial statements for the fiscal quarter ended September 30, 2006 fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and that information
contained in that report fairly presents, in all material respects, the financial condition and results of operations of the Company as of that date.



|                                                 
|-------------------------------------------------
|/s/ F. Nicholas Grasberger III                   
|F. Nicholas Grasberger III                       
|Senior Vice President and Chief Financial Officer
|Armstrong Holdings, Inc.                         

Dated: October 30, 2006

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.
Exhibit 10.5

                      NOTICE REGARDING CONSENT OF ANDERSEN

     Localiza Master Franchisee Argentina S.A. ("MFA") dismissed Pistrelli, Dyaz
y Associados ("Pistrelli"), a former member firm of Andersen S/C, as its
independent auditors on July 1, 2002. The Company has been unable to obtain
Pistrelli's written consent to the inclusion of Pistrelli's report of
independent public accountants on the financial position at December 31,2001 and
the results of operations and cash flows of MFA for the two years ended December
31, 2001. Under these circumstances, Rule 437(a) under the Securities Act
permits the Company to file this Annual Report on Form 20-F without Pistrelli's
written consent. Because Pistrelli has not consented to, the inclusion of its
report is this Annual Report on Form 20-F, which is incorporated by reference in
the Registration Statements, you may have no effective remedy against Pistrelli
under Section 11 of the Securities Act for any untrue statements of a malarial
fact contained in the financial statements audited by Pistrelli, or my omissions
to state a material fact required to be stated therein. In addition, the ability
of Pistrelli to, satisfy any claims (including claims arising from its provision
of auditing and other services to MFA) may be limited as a practical matter due
to the recent events regarding Andersen and Pistrelli, as its former member
firm.

                                         Buenos Aires, June 29, 2004

                                     /s/ Leonardo Federici

                                     LOCALIZA MASTER FRANCHISEE ARGENTINA S.A.
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### 400 7 ° Street , S . W . ROO<n 

### 6402 Washington, DC 

### 20590


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### Subject: Declaration of Reciprocity 

### Dear Mr. Gretch 

### The Na ti o n al I nstitu te of CiviJ Aviat i on herewith confi rms that th i s civil aviation authority will**ran~** on 

### th e basis of reciprocity , to any carrier designated by 

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Exhibit 32

Certification of Periodic Financial Report by the Chief Executive Officer and

Chief Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Solely for the purposes of complying with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of Entravision Communications Corporation (the Company), hereby certify, based on our knowledge, that the Quarterly Report on Form 10-Q of the Company for the
quarter ended September 30, 2010 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of the Company.



|                  |  |                                             
|----------------- |  | --------------------------------------------
|Date: May 6, 2011 |  |                                             
|                  | 
|                  |  | /S/    WALTER F.
ULLOA                      
|                  |  | Walter F. Ulloa Chief Executive Officer     
|                  | 
|Date: May 6, 2011 |  |                                             
|                  | 
|                  |  | /S/    CHRISTOPHER T.
YOUNG                 
|                  |  | Christopher T. Young Chief Financial Officer
#### Ex parte Johnny H. COOPER.

Mo. 38230.

Court of Criminal Appeals of Texas.

April 14, 1965.

Scott D. Moore, Fort Worth, for relator.

Leon B. Douglas, State’s Atty., Austin, for the State.

MORRISON, Judge.

In his writ of habeas corpus petitioner attacks the five year sentence he is presently serving which was pronounced against him in Cause No. 7087, in the 43rd Judicial District Court of Wise County, Texas, on the grounds that he was denied the ten days allowed for appointed counsel to prepare for trial under Article 494 Vernon’s Ann.C.C.P.

The facts are undisputed.

The Judge of the trial court, in a certificate signed by him and attached to petitioner’s writ, certified that on the same day that attorney Sewell was appointed by the court to represent defendant Cooper, the defendant entered a plea of guilty in Cause No. 7087, and the court proceeded to hear and decide the same. He further stated that neither attorney Sewell nor defendant Cooper executed a written waiver of the ten days allowed court appointed counsel to prepare for trial, but did state that a verbal waiver was made in open court.

Article 494, supra, which provides for the appointment of counsel, reads in part as follows:

> “The counsel so appointed shall have ten (10) days to prepare for trial, unless such time be waived *in writing*by said attorneys and the accused.” (Emphasis added.)

The provisions of Article 494, supra, are mandatory, and a verbal waiver does not comply with the provisions of the statute and is insufficient to waive the ten days time allowed appointed counsel to prepare for trial. Bennett v. State, Tex.Cr.App., 382 S.W.2d 930, and Ex Parte Gudel, Tex.Cr.App., 368 S.W.2d 775.

Under these facts, the conviction cannot stand, and the writ is granted and it is ordered that the petitioner be released from his present custody and that he be delivered to the custody of the Sheriff of Wise County, Texas, to stand trial on the original indictment in Cause No. 7087.

*940WOODLEY, Judge

(dissenting).

Charged by indictment with cattle theft, appellant waived a jury and pleaded guilty before the court.

Art. 10a V.A.C.C.P. requires the court to appoint counsel before a defendant who has no attorney can agree to waive a jury.

I am unable to agree that the absence of a waiver in writing of the ten days allowed counsel appointed “to prepare for trial” vitiates the conviction where the defendant desires to plead guilty and requests and obtains consent of the attorney for the state, waives a jury and pleads guilty before the court. This is not such a trial as is contemplated in Art. 494 V.A. C.C.P. for which counsel shall have ten days to prepare for trial.

I respectfully dissent.
#### James Brannon VINES, Appellant, v. The STATE of Texas, Appellee.

No. 38927.

Court of Criminal Appeals of Texas.

Jan. 12, 1966.

*869Chappell & McFall, by John R. McFall, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., William M. LauBach, Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for the unlawful sale of marijuana; the punishment, five years.

Our disposition of the case renders unnecessary a recitation of the facts other than to observe that to sustain the conviction the state relied upon the fruits of the search of a certain house in the city of Lubbock by Sgt. Bill Bessent and other officers of the Lubbock police department, under the authority of a search warrant.

Prior to Officer Bessent’s testifying relative to the search and the fruits thereof, appellant timely objected on the ground that it had not been shown that the search was lawful.

Appellant’s objection was by the court overruled, and at no time did the state produce the search warrant under which the search was made.

Such action by the court presents reversible error.

Upon timely objection being made by the appellant, it was incumbent upon the state, under the facts, to produce and exhibit to the court a valid search warrant. Having failed to produce such warrant, appellant’s objection to the officer’s testimony should have been sustained. Henderson v. State, 108 Tex.Cr.R. 167, 1 S.W.2d 300; Blackburn v. State, 145 Tex.Cr.R. 384, 168 S.W.2d 662; Brown v. State, 166 Tex.Cr.R. 322, 313 S.W.2d 297.

Being shown to have been legitimately on the premises at the time of the search, appellant is in position to challenge the validity thereof, under the holding of the Supreme Court of the United States in Jones v. United States, 80 S.Ct. 725, 362 U.S. 257, 4 L.Ed.2d 697.

The state confesses error and does not pray for an affirmance of the conviction.

The state further concedes that the court committed error in permitting it to improperly bolster the testimony of its witness Leopha Holland, in violation of the rule stated in the recent case of Lyons v. State, Tex.Cr.App., 388 S.W.2d 950.

For the errors pointed out, the judgment is reversed and the cause is remanded.

Opinion approved by the court.
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Page 12851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03383]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Heart, Lung, and Blood Initial Review Group; 
Heart, Lung, and Blood Program Project Study Section.
    Date: March 15, 2024.
    Time: 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Rockledge I, 6705 
Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Melissa H. Nagelin, Ph.D., Scientific Review 
Officer, Office of Scientific Review/DERA, National Heart, Lung, and 
Blood Institute, National Institutes of Health, 6705 Rockledge 
Drive, Room 208-R, Bethesda, MD 20892, (301) 827-7951, 
<a href="/cdn-cgi/l/email-protection#cfa1aea8aaa3a6a1a2a7fd8fa1a7a3ada6e1a1a6a7e1a8a0b9"><span class="__cf_email__" data-cfemail="7a141b1d1f1613141712483a141216181354141312541d150c">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: February 14, 2024.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-03383 Filed 2-16-24; 8:45 am]
BILLING CODE 4140-01-P


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<PAGE>

                                  Exhibit 32.1

Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley act of 2001.

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

In connection with the Quarterly Report of Gulf Coast Oil & Gas, Inc. (the
"Company") on Form 10-QSB/A for the period ended March 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Massimiliano Pozzoni, President of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

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

Dated: May 24, 2005

                                             /s/ Massimiliano Pozzoni

                                             ------------------------
                                             Massimiliano Pozzoni, President
##### 



Exhibit 32.2
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  (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.
 Date: November 9, 2007
    
    By:
    
    /s/ Robert E. Bies

Robert E. BiesExecutive Vice-President andChief Financial Officer
Exhibit 32







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 Lion Capital Holdings, Inc. a Delaware corporation (the Company), on Form 10-QSB/A for the quarterly period ending March 31, 2004 as filed with the Securities and Exchange Commission (the Report), I, Tim Page, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), 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 (15 U.S.C. 78m or 78o(d)); and



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





/s/Tim Page

Tim Page

Chief Executive Officer and

Chief Financial Officer

Date: July 9, 2004
<TABLE> <S> <C>

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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         128,691
<SECURITIES>                                   486,961
<RECEIVABLES>                                   94,462
<ALLOWANCES>                                     6,520
<INVENTORY>                                    384,367
<CURRENT-ASSETS>                             1,097,527
<PP&E>                                       1,494,819
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<CURRENT-LIABILITIES>                          160,007
<BONDS>                                              0
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<OTHER-SE>                                   1,372,567
<TOTAL-LIABILITY-AND-EQUITY>                 1,532,574
<SALES>                                      1,516,613
<TOTAL-REVENUES>                             2,550,553
<CGS>                                        1,269,085
<TOTAL-COSTS>                                  899,535
<OTHER-EXPENSES>                               254,717
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<INTEREST-EXPENSE>                             118,205
<INCOME-PRETAX>                                  9,011
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</TABLE>
Exhibit 10.35

AMENDMENT TOOUTSTANDING AWARDS UNDER2001 INCENTIVE STOCK PLAN

March 5, 2009

WHEREAS, the Enzon Pharmaceuticals, Inc. (the "Company") 2001 Incentive Stock Plan (the "2001 Plan") provides that the Compensation Committee of the Board of Directors of the Company (the "Committee") may amend outstanding Awards
(as defined under the 2001 Plan) from time to time, provided that any amendment that is adverse to the Participant (as defined under the 2001 Plan) requires the consent of such Participant;

WHEREAS, the Committee has determined that each Award (as defined under the 2001 Plan) that is outstanding as of the date of this Amendment (collectively, the "Outstanding Awards") should be amended as provided below;

WHEREAS, the Committee has further determined that because such amendment is in no way adverse to the holders of such Awards, the consent of any such Award holder is not required;

NOW THEREFORE, each Outstanding Award is hereby amended by replacing the definition of the term "Continuing Director" in its entirety in the agreement and terms applicable to such Outstanding Award with the following:

"Continuing Director" shall mean any person who is a member of the Board of Directors of the Company, who, while such a person is a member of the Board of Directors, is not an Acquiring Person or an Affiliate or Associate of an
Acquiring Person, or a representative of an Acquiring Person or of any such Affiliate or Associate, and who (A) was a member of the Board of Directors on the date of the grant of the applicable Award or (B) subsequently becomes a member of the Board
of Directors with the approval of at least one-half (1/2) of the directors then in office (but excluding for this purpose any such individual whose initial assumption of office occurs as a result of either an actual or threatened election contest or
other actual or threatened solicitation of proxies or consents by or on behalf of a Person).


Except as amended hereby, all Outstanding Awards shall remain in full force and effect.

ENZON PHARMACEUTICALS, INC. By:___________________________________Title:


1

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