alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SCHKADE v. INDEPENDENT-EASTERN TORPEDO CO.

No. 2312.

Court of Civil Appeals of Texas. Eastland.

Nov. 27, 1942.

Roy A. Downey, of Royalty, for appellant.

Ben J. Dean, of Breckenridge, for ap-pellee.

GRISSOM, Justice.

The Independent-Eastern Torpedo Company, a corporation, instituted this suit in Stephens County against O. E. Schkade on two promissory notes signed by said defendant and by their terms payable to plaintiff at Breckenridge in Stephens County. Defendant’s plea of privilege to be sued in Ector County was overruled, and defendant has appealed.

No briefs have been filed. The cause was submitted on a transcript and statement of facts. Rule of Civil Procedure 415 provides: “When the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless good cause is shown for such failure and that appellee has not suffered material injury thereby. The court, may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.” In 1929 our Supreme Court held that the failure of all parties to an appeal, without good cause being shown, *to*file briefs, authorized the court of civil appeals to dismiss the appeal, but that said court might inspect the record for fundamental error; that if on such inspection fundamental error was discovered, it was the duty of the court to reverse the judgment, but, if no fundamental error was discovered, the court should affirm the judgment. Haynes v. J. M. Radford Grocery Company, 118 Tex. 277, 14 S.W.2d 811. See also Haynes v. J. M. Radford Grocery Co., Tex.Civ.App., 16 S.W.2d 1118. Appellant has failed to brief in the case and has made no effort to show good cause for such failure. Since the enactment of the Rules of Procedure, we have entertained serious doubt as to the right of a court of civil appeals to now reverse a judgment for fundamental error. See Douglas v. Douglas, 167 S.W.2d 774, decided by this court October 2, 1942. The *282allegations and .proof are- sufficient to support the judgment overruling- defendant’s plea of privilege by virtue of the provisions of Subdivision 5 of Article 1995, Vernon’s Ann.Civ.St. However, because defendant failed to file a brief, we deem it proper to dismiss the appeal. Armstrong v. Armstrong, Tex.Civ.App., 121 S.W.2d 1025; Thompson v. Korus, Tex.Civ.App., 125 S. W.2d 1078; Nami v. Uhr, Tex.Civ.App., 124 S.W.2d 940; Orr v. State, 143 Tex.Cr.R. 526, 158 S.W.2d 533.

The appeal is dismissed.
#### Juanita BREWSTER, Appellant, v. Mary Brewster BREWSTER et al., Appellees.

No. 12768.

Court of Civil Appeals of Texas. San Antonio.

Sept. 22, 1954.

Rehearing Denied Oct. 20, 1954.

Culpepper & Spilman, McAllen, for appellant.

Hartley & Lattimore, Pharr, for appel-lees.

NORVELL, Justice.

The plaintiff, born of a meretricious union between the testator and plaintiff’s mother in 1927, cannot be considered a pre-termitted child under Article 8292, Vernon’s Ann. Civ. Stats., although, after the execution of the will in 1945, followed by the death of testator’s lawful wife, the testator entered into a common law marriage with plaintiff’s mother.

■The judgment is affirmed.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3083 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3083

To amend title 23, United States Code, with respect to the operation of 
longer combination vehicles on the Interstate System in Idaho, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2013

 Mr. Simpson introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To amend title 23, United States Code, with respect to the operation of 
longer combination vehicles on the Interstate System in Idaho, and for 
                            other purposes.

    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 ``Idaho Safe and Efficient Vehicle Act 
of 2013''.

SEC. 2. LONGER COMBINATION VEHICLES IN IDAHO.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Longer Combination Vehicles in Idaho.--No limit or other 
prohibition under this section, except as provided in this subsection, 
applies to a longer combination vehicle operating on a segment of the 
Interstate System in Idaho if such vehicle--
            ``(1) has a gross vehicle weight of 129,000 pounds or less;
            ``(2) complies with the single axle, tandem axle, and 
        bridge formula limits set forth in subsection (a); and
            ``(3) is authorized to operate on such segment under Idaho 
        State law.''.
                                 <all>
```
EXHIBIT 99.1 THE BANK OF NEW YORK MELLON Officers Certificate
  March 5, 2012 MERRILL LYNCH DEPOSITOR, INC.
     One Bryant Park 
4th Floor  Structured Credit Trading

    New York, NY
10036 PREFERREDPLUS, PPLUS
TRUST AND INDEXPLUS CERTIFICATE The undersigned, Pierre Boutros,
Vice President of The Bank of New York Mellon  (formerly The Bank of New York), a New York corporation  (the Trustee), hereby
certifies in such capacity that, based on his knowledge, the Trustee has complied, in all
material respects, with all conditions and covenants applicable to the Trustee under the
Standard Terms for Trust Agreements dated February 20, 1998 between Merrill Lynch
Depositor, Inc. as depositor (the Depositor) and the Trustee, as successor to United
States Trust Company of New York, as trustee and securities intermediary (the Securities
Intermediary), in each case as amended by a series supplement between the Depositor, the
Trustee and the Securities Intermediary for each trust series listed in the attached
schedule. Very truly yours,
The Bank of New York Mellon (formerly



The Bank of New York), as TrusteeBy:
      /s/
      Pierre BoutrosName:
      Pierre BoutrosTitle:
      Vice President    
 
 SCHEDULE INDEXPLUS Trust Series 2003-1 
    PPLUS
Trust Series CMT-1 
    PPLUS Trust Series
DCNA-1 
    PPLUS Trust Series FMC-1
     PPLUS Trust Series GSC-1
     PPLUS Trust Series GSC-2

     PPLUS Trust Series GSG-1
     PPLUS Trust Series GSG-2
    PPLUS Trust Series
JPM-1
     PPLUS Trust Series LMG-3 
    PPLUS Trust Series SPR-1 
     PPLUS Trust Series VAL-1
     PreferredPLUS Trust Series ALL-1

    PreferredPLUS Trust Series CCR-1 
    PreferredPLUS Trust Series CTR-1
PreferredPLUS Trust Series CZN-1 
    PreferredPLUS Trust Series ELP-1 
    PreferredPLUS Trust
Series FAR-1 
    PreferredPLUS Trust Series FRD-1 
    PreferredPLUS Trust Series GEC-1    
    PreferredPLUS Trust Series LMG-1 
    PreferredPLUS Trust
Series LMG-2 

PreferredPLUS Trust Series QWS-1 
    PreferredPLUS Trust Series QWS-2 
    PreferredPLUS Trust
Series UPC-1 
    PreferredPLUS Trust Series VER-1
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000096988
<NAME> MARLTON TECHNOLOGIES, INC.
<CURRENCY> US
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                       3,042,781
<SECURITIES>                                         0
<RECEIVABLES>                                6,123,860
<ALLOWANCES>                                   184,382
<INVENTORY>                                  3,950,674
<CURRENT-ASSETS>                            14,389,465
<PP&E>                                       5,071,712
<DEPRECIATION>                               2,950,190
<TOTAL-ASSETS>                              22,342,332
<CURRENT-LIABILITIES>                        8,950,932
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    21,250,561
<OTHER-SE>                                 (8,678,888)
<TOTAL-LIABILITY-AND-EQUITY>                22,342,332
<SALES>                                     29,109,018
<TOTAL-REVENUES>                            29,109,018
<CGS>                                       20,912,287
<TOTAL-COSTS>                               20,912,287
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              94,985
<INCOME-PRETAX>                              2,067,754
<INCOME-TAX>                                   610,000
<INCOME-CONTINUING>                          1,457,754
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,457,754
<EPS-PRIMARY>                                   $0.286
<EPS-DILUTED>                                   $0.260
        


</TABLE>
Form of Notification of Participation - (Named Executive Officers)



 Exhibit 10.1 
 (Form for Named Executive Officers) 
 CYBEX INTERNATIONAL, INC. 
 NOTIFICATION OF PARTICIPATION 
 2006
MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM 
 This confirms that
                                        
     (“you”) have been designated a participant in the 2006 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation
Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan. 
 Pursuant to the Program,
you will be eligible for a bonus equal to the indicated percentage of your base salary, in the event that the 2006 operating income of Cybex (after taking into account all bonuses payable under the Program) equals or exceeds the indicated criteria
as set by the Cybex Compensation Committee: 
  

			
	 Percentage of Base Salary
	  	 Threshold level

	15%	  	Target
	30%	  	Goal
	60%	  	Super Goal

 The Program is subject to such rules, policies and procedures as may be from time to time adopted
by the Board of Directors or the Compensation Committee acting on behalf of the Board of Directors, including the requirements that at the time that the bonus becomes payable (a) you are employed in good standing with Cybex and (b) you are
in compliance with the Cybex Stock Ownership Requirements Policy. 
 The bonus will be payable, if at all, within thirty days after receipt
by Cybex of its audited financial statements for 2006. As a Named Executive Officer, any bonus to you will be payable one-half in cash and one-half in restricted stock. 
 Eligibility to participate in the Program does not restrict Cybex from discharging you from employment or increasing or decreasing your compensation, nor does it restrict you from resigning your employment. Your
participation in this program supersedes, replaces in full, and is in lieu of, any understanding, commitment or agreement (whether written, oral, express or implied) with respect to incentive compensation related to 2006 performance which might
otherwise be or become payable to you, other than stock options which have been or may be granted to you. All calculations, determinations and interpretations under this Program shall be made solely by the Board of Directors or the Compensation
Committee acting on behalf of the Board of Directors. 
 Dated: February     , 2006 

 

			
	CYBEX INTERNATIONAL, INC.
		
	By:
Exhibit 10-DD Description of Company Practices regarding Club Memberships for
      Executives.**


    Exhibit
      10-DD

    


    


    Description
      of Company Practices regarding Club Memberships for
      Executives

    


    


    Certain
      Vice Presidents and a limited number of other employees may be reimbursed (or
      have fees paid on their behalf) for expenses associated with certain club
      memberships when such memberships are considered to be beneficial to the
      Company's interests. The expenses reimbursed under this practice are restricted
      to initiation fees, membership fees, dues, assessments, and other expenses
      required to maintain memberships in good standing. Greens fees and other charges
      related to the use of the facilities are not to be reimbursed.
proposed modification to the Sierra Pacific Industries. Anderson facility are listed below. Can

you also provide Mr. Doyle’s contact information? Thank you.

1. Has there been suitable valley elderberry longhorn beetle (VELB) habitat in the vicinity

of the project site historically? ifso, how close in proximity?

2. Although the BA states that no work will occur within 100 feet ofthe elderberry shrubs at

the site, how far away will construction occur?

3. During Mr. Doyle’s site visit, was the size or number ofthe nearby elderberry shrubs

measured or recorded? If so,

a. What was the diameter of the stems ofthe elderberry shrubs at ground level?b. Did the elderberry shrubs contain any beetle exit holes?

4. How far is Spring Creek from the proposed site?

5. How far is the Sacramento River from the proposed site?

6. How are the powerlines described at the bottom of Page 2 going to he constructed?

Omer ShalevEnvironmental Engineer

Air Permits Office (Air-3)

Environmental Protection Agency, Region 9

75 Hawthorne St.

San Francisco, CA 94105

(415)972-3538
Exhibit
        4.2

      


       

      


      February
        28, 2006

      


      Omicron
        Master Trust

      650
        Fifth
        Avenue

      24th
        Floor

      New
        York,
        New York

      USA
        10019

      Attention:   Brian
        Daly

      


      


      Dear
        Sirs:

      
         

        
          	Re:	Generex Biotechnology
                  Corporation
	 	- Amendment to Jan
                  20 06
                  Additional Investment Right


        

         

        We
          make
          reference to the additional investment right issued by Generex Biotechnology
          Corporation (the “Company”)
          to
          Omicron Master Trust (“Omicron”)
          on
          January 20, 2006 pursuant to which the Company, inter
          alia,
          granted
          to Omicron the right to purchase a $1,000,000 principal amount debenture
          convertible at $1.25 per share (the “AIR”).

      

      


      The
        Initial Exercise Date (as that term is defined in the AIR) of the AIR is
        expressed therein as the 181st
        day
        after the date thereof. The Company hereby confirms that, in consideration
        of
        the exercise of the AIR by Omicron and the delivery to the Company of a Notice
        of Exercise in respect thereof on or before the close of business on February
        28, 2006, the Company has agreed to abridge the Initial Exercise Date and
        to
        honor the aforementioned Notice of Exercise.

      


      Yours
        truly,

      


      Generex
        Biotechnology Corporation

      


      /s/
        Mark
        A. Fletcher

      


      


      Mark
        A.
        Fletcher

      Executive
        Vice-President, General Counsel

      maf:hs
Gormas, Michael (OST) 

From: 

Sent: 

To: 

Subject: 

Mr. Todd Homan 

Janice._. , 

Saturday, November 08, 2014 1:39 AM 

Gormas, Michael (OST) 

Essential Air Service for Tenakee Springs, Alaska 

Director, Office of Aviation Analysis 

US Department of Transportation 

1200 New Jersey Ave. SE 

Washington, DC 20590 

Dear Mr. Homan, 

.... · . ........... · 

My husband and I reside in Tenakee Springs, Alaska and have for over 20 years. One of the main reasons 

we chose Tenakee was because it has a guaranteed scheduled air service. We understood that under the 

Airline Deregulation Act of 1978, that service was guaranteed by the US Department of Transportation 

and something that we could count on. It is a very important service in our community and not having it 

would have a huge negative affect on all of the community. It was brought to our attention also that the 

USDOT Determination 80-1-167 stipulates that our village is entitled to essential air service to and from 

Juneau and we will suffer great hardship if the service taken away from us. Alaska Seaplanes has served 

community with a safe and reliable service and we hope you allow them to continue with this absolutely 

essential service. 

Sincerely' 

Janice & Larry Schultz 

Tenakee Springs, Alaska 99841 

cc: The Honorable Mark Begich 

The Honorable Don Young 

The Honorable Lisa Murkowski 

The Honorable Don Pegues 

Mike Stedman & Kent Crawford, Alaska Seaplanes, LLC 

1
I

W 

lu 

tt- 

~e 

e~- 

~ 

L~ 

ut 

~ 

W 

(7 

tta 

w 

NOTICE OF EXEMPTION 

From California Environmental Quality Act PILED K~RPI C41JNYY 

County Clerk FROM: Eastern Kern AiOftt4o2oj4 

County of Kertr Control District 

1115 Truxtun Avenue 2700 "M" Streaqn`~at' 0MA0 

Bakersfield, CA 93301 Bakersfiel °&) R~

COliN"CLEflv 

of Person or Agency Carrying Out Project ; 

Title 

Location - Specific 

Location - City Project Location - County 

Description of Nature, Purpose, and Beneficiaries of Project 

Objective: Draft EKAPCD Rule 432, Polyester Resin Operations will reduce volatile organic compound 

(VOC) emissions from polyester resin used in the manufacture of a variety of fiberglass composite products. 

Fiberglass composite products produced in the District include aerospace rnamifacturing, storage tank 

insulation, and electrical vault manufacturing. Dra$ Rule 432 will also provide administrative requirements 

for recording and measuring VOC emissions. 

Name of Public Agency Approving Project Permit (ATC) Numbers Issue Date 

Eastern Kern Air Pollution Control District (EKAPCD) N/A March 13, 2014 

Exempt Status: (Cheek One) 

Ministerial (Section 15268) 

Declared Emergency (Section 15269(a)) 

Ernergency Project (Section 15269 (b) or (c)) 

~ Categorical Exemption (Sections 15308 & 15354): Application by public Agency (Section 15300.4) 

~ Project Expected to have Insignificant Impact (Section 15061(b) (3) 

Reason(s) Why Project is Exempt 

Actiona taken by the regulatory agency (EKAPCD) are categorically exempt from CEQA to assure the 

protection of the environment. Categorical exemptions from CEQA are allowed for projects that will not 

have a significant adverse effect to the environment. 

Contact Person Area Code Telephone No. 

Jeremiah Cravens (661) 862-5250 

If Filed by Applicant: 

1. Attach certified document of exemption fiuding 

2. Has a Notice of Exemption been filed by the public agency approving the project? _ Yes _ No n/a 

Date Received for Filing 

Signature 

Title 

Date idoi!cn of Enviranmerr;ttl qocuman 

Pu;;tmEi by Cuunty Clerlc on ~ t7 ~~ 

and for 80 days thelcalial, Puisuaiii to 

SUCtI~u a i luc~~), ;`uWii ~ ribsUUr,;dS wJC1G 

432 Polyester Resin Notice ot Exemptlon lo CIeB ~~~, Revised 3-08-05
#### GARCIA v. STATE.

No. 26212.

Court of Criminal Appeals of Texas.

Jan. 28, 1953.

No attorney on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner.

The offense is drunk driving upon a public highway, with punishment assessed at a fine of $100.

The record contains no statement of facts or bills of exception. Nothing is presented for consideration.

The judgment is affirmed.

Opinion approved by the court.
```

[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Proposed Rules]               
[Page 33752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-33]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202, 203, 212, and 252

[DFARS Case 2009-D015]
RIN 0750-AG63

 
Defense Federal Acquisition Regulation Supplement; Organizational 
Conflicts of Interest in Major Defense Acquisition Programs

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule with request for comments; extension of comment 
period.

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

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 207 of the Weapons 
System Acquisition Reform Act of 2009. The comment period is being 
extended an additional 30 days to provide additional time for 
interested parties to review the proposed DFARS changes.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 21, 2010, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D015, 
using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: dfars@osd.mil. Include DFARS Case 2009-D015 in the subject 
line of the message.
    Fax: 703-602-0350.
    Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Room 3B855, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published a proposed rule in the Federal Register on April 22, 
2010 (75 FR 20954), with a request for comment by June 21, 2010. DoD is 
extending the comment period for 30 additional days to provide an 
additional time for interested parties to review the proposed DFARS 
changes.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2010-14392 Filed 6-14-10; 8:45 am]
BILLING CODE 5001-08-P
```