alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CORLEY v. STATE.

No. 25949.

Court of Criminal Appeals of Texas.

Jan. 28, 1953.

Bert Ashby and George W. Harwood, Dallas, for appellant.

Henry Wade, Dist. Atty., and Charles S. Potts, Asst. Dist. Atty., Dallas, George P. Blackburn, State’s Atty., of Austin, for the State.

BELCHER, Commissioner.

Appellant’s principal complaint on motion for rehearing is that there is a variance between the allegations in the indictment and the State’s proof.

The sufficiency of the evidence to support the allegations in the indictment is inquired into by this Court in all cases, no bill of exception being required.

Appellant was primarily charged by indictment with the offense of burglary alleged to have been committed on the 13th day of December, 1947, in Dallas County.

One of the prior convictions alleged for the purpose of enhancing the punishment of the appellant under Art. 63, P.C., was that the said James Ervin Corley, was, on the 22nd day of May, 1945, convicted of felony theft in the Criminal District Court of Dallas County, Texas, in Cause No. 72-AB, and final judgment was duly entered in said Criminal District Court of Dallas County, Texas, and sentence pronounced on May 22, 1945, in said Criminal District Court of Dallas County, Texas.

The evidence introduced in support of the above allegations of the indictment shows that the judgment was rendered and entered and sentence pronounced in said Cause No. 72-AB in Criminal District Court No. 2 of Dallas County, Texas, on the date alleged, and not in the Criminal District Court of Dallas County as alleged.

The two district courts above named are separate and distinct courts. Arts. 52-1 and 52-8, C.C.P., as amended, Acts 1951, 52nd Leg., p. 663, Vernon’s Ann.C.C.P. arts. 52-1, 52-8.

Consequently, there was a variance between the allegations in the indictment and the proof. The variance between the allegations as to the district court in which the appellant was previously convicted and the proof is fatal to a conviction. See Morman v. State, 127 Tex.Cr.R. 264, 75 S.W. *3952d 886; Childress v. State, 131 Tex.Cr.R. 487, 100 S.W.2d 102; Childress v. State, 134 Tex.Cr.R. 504, 116 S.W.2d 396; Goodale v. State, 146 Tex.Cr.R. 568, 177 S.W.2d 211.

It follows that the allegation as to a conviction in the Criminal District Court of Dallas County is not supported by the evidence.

Appellant’s motion for rehearing is granted, the original opinion is withdrawn, the order of affirmance is set aside, and the judgment is now reversed and the cause remanded.

Opinion approved by the Court.
#### Rule of Court.

December, 1832.

Ordered, by the court, that no writ of *habere facias possessionem*will be issued by this court, under the act of 1825, *ch.*103, unless an affidavit be filed, stating that the debtor, or some person holding under such debtor, by title subsequent to the judgment or decree, hath on demand *524failed or refused to deliver possession of the lands sold; upon the filing of which affidavit with the clerk, he shall lay a rule on the person in possession, to show cause within the first four days of the term succeeding the term to which the process of execution was returnable, why the writ of *habere facias possessionem*should not issue; and should the said rule be served upon the party in possession, twenty days before the first day of the term next succeeding the term to which the process of execution was returnable, and should no cause be shown within the said first four days of said succeeding term, the purchaser may take his writ as a matter of course, and no cause will be permitted to be shown after the lapse of the said four days.
Exhibit 32.1

Statement of Chief Executive Officer Furnished

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, Kim S. Price, is the President and Chief Executive Officer of Citizens South Banking Corporation (the
Company).

This statement is being furnished in connection with the filing by the Company of the Companys
Annual Report on Form 10-K for the year ended December 31, 2009 (the Report).

By execution of this
statement, I certify that:



|A) | 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(a) or 78o(d)) and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



|B) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and
for the periods covered by the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



April 29, 2010

/s/ Kim S. PriceDated

Kim S. PricePresident and Chief Executive Officer


This statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as
the Report is filed with the Securities and Exchange Commission pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this statement be deemed to be filed for purposes of the Securities
Exchange Act of 1934, as amended.



29
EXHIBIT 32.B








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 on Form 10-Q for the period ending June 30, 2009 of Tennessee Gas Pipeline Company (the “Company”) as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John R. Sult, Senior Vice President, Chief Financial Officer and Controller, certify (i)
that the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






/s/ John R. SultJohn R. SultSenior Vice President, Chief Financial Officer and Controller(Principal Accounting and Financial Officer)








August 7, 2009






























A signed original of this written statement required by Section 906 has been provided to Tennessee Gas Pipeline Company and will be retained by Tennessee Gas Pipeline Company and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 31.1
 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Sunair Services Corporation for the
period ending June 30, 2008;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 the registrant
as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    Evaluated the effectiveness of the registrant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(c)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions):
 (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 the registrant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 the
registrants internal control over financial reporting.
  /s/ Jack I. RuffJack I. RuffPresident and Chief Executive Officer
Request for Information D'Avion LLC (FAA-2015-3755) 

9-AWA-AVS-333Exemptions (FAA) 

Dear Mr. Davis: 

This letter is to inform you that the following information is missing from your petition (Docket No. 

FAA−2015−3755). This information is necessary for the Federal Aviation Administration (FAA) to process your 

petition.

Sent: Thursday, November 12, 2015 3:14 PM 

To: c.davis@davisaviation.com 

 

 Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order 

8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and remove closedset filming from your proposed operation please inform of us of your intention by the requested response date 

listed below.

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov. Once your 

information has been submitted, please also send a copy of the requested information (and any proprietary 

information), as well as your comment tracking number from regulations.gov via e-mail to 333exemptions@faa.gov. If

you want us to process your request any further, we must receive the information described above by November 27, 

2015. If we do not receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267-2999 .

 

FAA Office of Rulemaking
Loveless Declaration 

Exhibit 21

Fully Redacted
<PAGE>

                                                                    EXHIBIT 32.B


                            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 on Form 10-Q for the period
ending September 30, 2003, of Tennessee Gas Pipeline Company (the "Company") as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Greg G. Gruber, Senior Vice President, Chief Financial Officer and
Treasurer certify (i) that the Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
(ii) that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


                                                /s/ Greg G. Gruber
                                           -------------------------------------
                                           Greg G. Gruber
                                           Senior Vice President, Chief
                                           Financial Officer and Treasurer
                                           (Principal Financial Officer)

                                           November 10, 2003



A signed original of this written statement required by Section 906 has been
provided to Tennessee Gas Pipeline Company and will be retained by Tennessee Gas
Pipeline Company and furnished to the Securities and Exchange Commission or its
staff upon request.
*Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-40704 Conference Calendar

__________________ SHANE EDWARD BISHOP, Plaintiff-Appellant,
versus JEFF HENSLEY, et al., Defendants, DOUG LEE, Denton County Detention Officer, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas

USDC No. 4:94-CV-98
- - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM: * Shane Edward Bishop has appealed the district court's denial of his motion for appointment of counsel. An interlocutory order denying the appointment of counsel in a civil rights action may be immediately appealed. Robbins v. Maggio , 750 F.2d 405, 413 (5th Cir. 1985). A trial court is not required to appoint counsel for an indigent plaintiff asserting a claim under 42No. 95-40704 -2- U.S.C. § 1983 unless exceptional circumstances exist. Ulmer v. Chancellor , 691 F.2d 209, 212 (5th Cir. 1982). A district court has the discretion to appoint counsel for a plaintiff proceeding pro se if doing so would advance the proper administration of justice. Id . at 213. A review of the district court's order, which reveals that it considered the four Ulmer factors, as well as of the record on appeal and Bishop's brief, demonstrates that the court did not abuse its discretion by refusing to appoint counsel for Bishop in this case. Bishop has also moved for the appointment of counsel in this appeal. Because the issues presented in this appeal are limited to the denial of Bishop's appointment-of-counsel motion in the district court, appointment of counsel is not warranted in this appeal. He has also filed motions to strike the appellee’s response brief and to file a reply brief out of time. Neither motion has any bearing on the issues before the court. AFFIRMED. MOTIONS DENIED.
First Amendment of the Sky Financial Stock Option and Appreciation Rights Plan



 Exhibit 10.34 
 FIRST AMENDMENT 
 OF THE 
 SKY FINANCIAL GROUP, INC. 2002 STOCK OPTION 
 AND STOCK APPRECIATION RIGHTS PLAN 
 WHEREAS, this corporation maintains the Sky Financial Group, Inc. 2002 Stock Option and Stock Appreciation Rights
Plan (the “Plan”); and 
 WHEREAS, the Company’s Board of Directors has delegated
authority to amend the Plan to the Compensation Committee (the “Committee”), and the Committee has determined that amendment of the Plan is necessary and desirable. 
 NOW, THEREFORE, IT IS RESOLVED that, pursuant to the
power reserved to the Company by the Plan, and by virtue of the authority delegated to the Committee, the Plan be and is hereby amended, effective as of February 1, 2005, by substituting the following for the definition of “Disability” in
Article I of the Plan: 
 “Disability. ‘Disability’ will have the meaning set forth in any employment,
consulting or other written agreement between the Company or a Subsidiary and an Eligible Person. If there is no employment, consulting or other written agreement between the Company or a Subsidiary and an Eligible Person, or if such agreement does
not define Disability, “Disability” will mean the date on which the Eligible Person becomes permanently and totally disabled within the meaning of Code Section 22(e)(3), which the Committee shall determine on the basis of such medical or
other evidence as it may reasonably require or deem appropriate.” 
 *      *      * 

I, W. Granger Souder, Jr., Secretary of Sky Financial Group, Inc., hereby certify that the foregoing is a correct copy of resolutions duly adopted by
the Compensation Committee of the Board of Directors of said corporation on December 13, 2005, and that the resolutions have not been changed or repealed. 
  

			
		
		 	 /s/ W. Granger Souder, Jr.

		 	 Secretary as Aforesaid
 (Corporate Seal)
Rubincon Ventures Inc










 



Rubincon Ventures Inc.



        



Suite 2410, 650 West Georgia Street, Vancouver, British Columbia, Canada V6B 4N7



Ph: 604-689-8336   Fax: 604-682-5564






 



 



February 22, 2006






Armen Investments, LLC



116 NW 4th Avenue



Boca Raton, Florida



33432






Dear Sirs:






Re: Subscription Agreement (the "Agreement") with Rubincon Ventures Inc. (the "Company") dated February 15, 2006






This letter is written to confirm your agreement to amend the terms of the Agreement as follows:






Sections 6.2 and 6.3 of the Agreement are hereby removed and replaced with the new sections 6.2 and 6.3 as follows:






6.2       The Subscriber understands that the proceeds from this sale of securities is intended to be used by the issuer primarily for acquisitions to be made subsequent to the acquisition of an operating company by the Issuer as a result of which the Issuer is no longer a shell company as defined under the federal securities laws, of other businesses, assets, technologies and intellectual property, and for investments in research and development (each an "Acquisition") to complement the Issuer's business plans.  The Issuer is obligated to use its best efforts to file with the SEC a registration statement registering for resale under the Securities Act of 1933 all of the Shares issued hereunder on the earlier of (i) 90 days after the closing of an Acquisition or (ii) nine months of the date of the Subscriber's subscription date, which subscription date is February 15, 2006 (such earlier dates shall be referred to as the "Filing Date").  In the event that the Issuer files with the SEC a registration statement registering shares other than the Shares, and does so before the Filing Date, the Subscriber shall have the right, commonly known as a "piggy-back registration right", to have the Subscriber's Shares included in any such registration statement.



 



6.3       In the event that the Issuer does not file with the SEC, on or before the Filing Date, a registration statement as described in Section 6.2 above, then the Subscriber shall be entitled to receive an additional number of Shares equal to 10% of the number of Shares subscribed for and the Issuer shall issue the additional Shares to the Subscriber within 15 days after the Filing Date.  For greater clarity, if a Subscriber subscribes for 2,500,000 Shares, and the registration statement is not filed with the SEC by the Filing Date, then that Subscriber would receive an additional 250,000 Shares.






In all other ways, the Agreement remains in full force and effect, unamended.






Please execute a copy of this letter and return it to the office of our corporate counsel at (604) 608-4223.






Should you have any questions or concerns, please do not hesitate to contact us at anytime.







Yours truly,



RUBINCON VENTURES INC.






 







Guy Peckham, 



President






The above terms of amendment of our subscription agreement with Rubincon Ventures Inc. dated February 15, 2006 are hereby read, understood, acknowledged and accepted.






 



_________________________ 



ARMEN INVESTMENTS LLC
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FORM 10-Q FOR QUARTER ENDED SEPTEMBER 30, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         804,163
<SECURITIES>                                         0
<RECEIVABLES>                                5,147,522
<ALLOWANCES>                                   220,000
<INVENTORY>                                  5,088,451
<CURRENT-ASSETS>                            11,006,274
<PP&E>                                       4,996,384
<DEPRECIATION>                               1,032,131
<TOTAL-ASSETS>                              15,840,781
<CURRENT-LIABILITIES>                       10,567,886
<BONDS>                                      1,629,466
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        113
<COMMON>                                         4,056
<OTHER-SE>                                   3,639,260
<TOTAL-LIABILITY-AND-EQUITY>                15,840,781
<SALES>                                     24,015,433
<TOTAL-REVENUES>                            24,015,433
<CGS>                                       12,088,119
<TOTAL-COSTS>                                9,977,713
<OTHER-EXPENSES>                              (83,007)
<LOSS-PROVISION>                               110,000
<INTEREST-EXPENSE>                             890,390
<INCOME-PRETAX>                              1,032,218
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,032,218
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,032,218
<EPS-BASIC>                                        .22
<EPS-DILUTED>                                      .21


</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

April 15, 2016

t0406 

# Order

Clerk April 15, 2016

151134

TAMIKA HARRELL,

Plaintiff

- Appellee,

v SC: 151134

COA: 318744

Wayne CC: 12

- 003939

- NF

TITAN INSURANCE COMPANY,

Defendant

- Appellant.

_________________________________________/

On April 6, 2016, the Court heard oral argument on the application for leave to

appeal the January 20, 2015 judgment of the Court of Appeals. On order of the Court

, the application is again considered, and it is DENIED, because we are not persuaded that

the question presented should be reviewed by this Court.