alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SMIRL v. GLOBE LABORATORIES, Inc., et al.

No. 13600.

Court of Civil Appeals of Texas. Dallas.

Feb. 9, 1945.

Rehearing Denied March 9, 1945.

Eugene DeBogory, Eades & Eades, and Chaney & Davenport, all of Dallas, for appellant.

Cantey, Hanger, McMahon, McKnight & Johnson and J. A. Gooch, all of Fort Worth, and Thompson, Knight, Harris, *372Wright & Weisberg and Pinkney Grissom, all of Dallas, for appellees.

BOND, Chief Justice.

This is an attempted appeal in forma pauperis. The right to appeal without giving bond, where appellant is unable to pay the costs of appeal or give security therefor, has been recognized by statute, Art. 2266, R.S., and'is promulgated with substantial procedural changes in Texas Rules of Civil Procedure, Rule 355; but in order to avail himself of this right, appellant, within twenty days after judgment or order overruling motion for new trial, must file with the clerk of the court an affidavit stating his inability to pay the costs or any part thereof, or to give security therefor; and the clerk shall forthwith give notice of the filing of such affidavit to the opposing party or his attorney, to afford him within ten days after such notice, the right to contest the affidavit, and the court trying the case, or judge in vacation, for a hearing of the contest.

It will be observed that the statute, supra, makes no provision for notice to be given, and, in consequence, it has been held that in absence of statutory requirement, notice of filing of the affidavit was not necessary to perfect the appeal. Stewart v. Heidenheimer Bros., 55 Tex. 644; Graves v. Horn, 89 Tex. *77,*33 S.W. 322; Proctor et al. v. San Antonio St. Ry. Co. et al., 26 Tex.Civ.App. 148, 62 S.W. 938. Thus, in light of the deficiency in the statute requiring notice, and the adjudicated cases relating thereto, the Supreme Court added subdivision (b) to Rule 355, supra, Rules of Civil Procedure; i. e., “The clerk shall forthwith give notice of the filing of such affidavit to the opposing party or his attorney.” The mere fact that the duty is imposed upon the clerk to give the notice does not relieve the appellant from seeing that the necessary prerequisite for appeal is complied with to confer jurisdiction on this court. It has been held that unless the procedure is followed in the manner required by law, the appellant who has given no bond is not entitled to prosecute an appeal. Graves v. Horn, supra, Texas & N. O. R. Co. v. Walker, 39 Tex.Civ.App. 53, 87 S.W. 194. Thus the failure of appellant to give or cause to be given, the required notice of the filing of his affidavit, to enable the opposing party to file contest and the trial court to hear and determine the allegations in appellant’s affidavit, is fatal to the appeal. In consequence, appellees’ motion to dismiss the appeal should be sustained; it is so ordered.

Appeal dismissed.
##### 



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

In connection with the Quarterly Report on Form 10-Q of Advanta Corp. (the
Company) for the quarterly period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Philip
M. Browne, Chief Financial Officer of the Company, certify, 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 result of operations
of the Company.

/s/ Philip M. BrownePhilip M. Browne
Chief Financial Officer
November 12, 2003
May *7,*1973

No. 72-1003.

#### Mertes *v.*Mertes et al.

Affirmed on appeal from D. C. Del.

Mr. Justice Douglas would note probable jurisdiction and set case for oral argument.
##### 



EXHIBIT 23.3

NOTICE REGARDING LACK OF CONSENT OF ARTHUR ANDERSEN & Co.

ARTHUR ANDERSEN & CO. (Andersen) was the independent auditor of UNITED DEFENSE
SYSTEMS, a Saudi limited liability Company, (the Company) for the year ended
December 31, 2001. After reasonable efforts, the Company has been unable to
obtain from Andersen a reissued audit report with respect to the financial
statements of the Company as of and for the year ended December 31, 2001 (the
2001 financial statements). In accordance with regulations of the Securities and
Exchange Commission, the Company has filed with this Annual Report on Form 10-K
a copy of the previously issued audit report dated February 17, 2001 of Andersen
with respect to the 2001 financial statements. Because this Annual Report on
Form 10-K is incorporated by reference into the Companys previously filed
registration statements (Form S-8 No. 333-60207 and 333-101673), it is deemed to
be a new registration statement relating to the securities offered therein.
After reasonable efforts, the Company has been unable to obtain Andersens
written consent to the incorporation by reference of its February 17, 2001 audit
report into those registration statements. As a result, Andersen may not have
any liability under Section 11(a) of the Securities Act(1) for any untrue
statements of a material fact contained in the 2001 financial statements or any
omissions of a material fact required to be stated therein. Accordingly, persons
acquiring securities under those registration statements may be unable to assert
a claim against Andersen under Section 11(a) of the Securities Act.



---

|(1) |  | Section 11(a) of the Securities Act provides that if part of a registration
statement at the time it becomes effective contains an untrue statement of a
material fact, or omits a material fact required to be stated therein or
necessary to make the statements therein not misleading, any person acquiring a
security pursuant to such registration statement (unless it is proved that at
the time of such acquisition such person knew of such untruth or omission) may
assert a claim against, among others, an accountant who has consented to be
named as having certified any part of the registration statement or as having
prepared any report for use in connection with the registration statement.
|--- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### Bud GIBSON, Appellant, v. STATE of Texas, Appellee.

No. 23735.

Court of Criminal Appeals of Texas.

May 14, 1947.

No appearance, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

GRAVES, Judge.

The offense is rape. The penalty assessed is confinement in the state penitentiary for a period of ten years.

Since perfecting his appeal, appellant has filed a written motion, duly verified, requesting the privilege of withdrawing the same. The motion is granted and the appeal is ordered dismissed.
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection  with the amended  Quarterly  Report of MDSI Mobile Data Solutions
Inc. (the  "Company") on Form 10-Q/A for the quarter ended September 30, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Verne D. Pecho, the Vice President  Finance & Administration  and
Chief Financial Officer of the Company,  certify, pursuant to 18 U.S.C. ss.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.


                                    /s/ Verne D. Pecho
                                    ------------------------------------------
                                    Verne D. Pecho
                                    Vice President Finance & Administration
                                    and Chief Financial Officer
                                    March 30, 2004
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00608-CR

James Robert Harle

v.

The State of Texas

§

§

§

§

§

From the 396th District Court

of Tarrant County (1193681D)

June 25, 2015

Opinion by Justice Gardner

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Anne Gardner__________

 Justice Anne Gardner
<PAGE>
                                                                   EXHIBIT 10.35




                 Approved by Assistant Benefits Officer 12/16/05

                                 AMENDMENT NO. 4
                                     TO THE
                                TIME WARNER INC.
                           DEFERRED COMPENSATION PLAN
                   (AMENDED AND RESTATED AS OF AUGUST 1, 2001)


1.       A new Section 5.14 is hereby added to Article V to read as follows:

         5.14 ELECTION CHANGES IN 2005. Participants who made an election to
         defer any portion of their bonus to be earned in 2005 and payable in
         2006 or to defer any portion of a long term incentive plan award
         payable in 2006 may elect to amend their deferral election to provide
         that a greater portion (or all) of such bonus or long term incentive
         plan award amounts will be paid to the Participant in 2006 upon the
         regularly scheduled bonus or long term incentive plan award payment
         dates. Any such election change must be made by the Participant on or
         prior to December 31, 2005 in a manner consistent with the transition
         relief rules promulgated by the Treasury Department under Section 409A
         of the Code and pursuant to the terms established by the Benefits
         Officer.

2.       This amendment is effective as of January 1, 2005.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3104 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3104

     To clarify the application of all laws, including the Patient 
   Protection and Affordable Care Act, to the Federal Government and 
                   Congress, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2013

 Mr. Kingston introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
  Committee on House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
     To clarify the application of all laws, including the Patient 
   Protection and Affordable Care Act, to the Federal Government and 
                   Congress, 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. APPLICATION OF GENERAL LAWS TO EXECUTIVE BRANCH AND 
              CONGRESS.

    Congress and the Executive Branch are expressly and equally bound 
by any Federal law which is intended to be broadly enforced upon the 
American people.

SEC. 2. NO FEDERALLY FUNDED HEALTH CARE PREMIUM SUBSIDIES FOR MEMBERS 
              OF CONGRESS, THE PRESIDENT, AND OTHER CIVILIAN FEDERAL 
              WORKERS UNTIL ACA IS FULLY REPEALED.

    (a) In General.--Subject to subsection (b), until the Patient 
Protection and Affordable Care Act (Public Law 111-148) is fully 
repealed, a Member or employee of Congress, the President, the Vice-
President, any employee of the Executive Office of the President, and 
any other civilian Federal worker is not eligible for any Federally 
funded health care premium subsidies.
    (b) Exception.--Subsection (a) shall not apply to the provision of 
a health care premium subsidy--
            (1) under title XVIII or XIX of the Social Security Act;
            (2) for coverage under a health care program under chapter 
        17 of title 38, United States Code; or
            (3) for medical coverage under chapter 55 of title 10, 
        United States Code, including coverage under the TRICARE 
        program.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>                                     5
<MULTIPLIER>                                  1,000

<S>                                             <C>
<PERIOD-TYPE>                                 Year
<FISCAL-YEAR-END>                             Sep-30-1999
<PERIOD-START>                                Oct-01-1998
<PERIOD-END>                                  Sep-30-1999
<CASH>                                                   6,127
<SECURITIES>                                                 0
<RECEIVABLES>                                                0
<ALLOWANCES>                                                 0
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                           915
<PP&E>                                                       0
<DEPRECIATION>                                               0
<TOTAL-ASSETS>                                          68,412
<CURRENT-LIABILITIES>                                    4,272
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                              2,600
<COMMON>                                                 1,227
<OTHER-SE>                                              60,313
<TOTAL-LIABILITY-AND-EQUITY>                            68,412
<SALES>                                                      0
<TOTAL-REVENUES>                                        14,753
<CGS>                                                        0
<TOTAL-COSTS>                                                0
<OTHER-EXPENSES>                                         8,339
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                           0
<INCOME-PRETAX>                                          8,790
<INCOME-TAX>                                             2,670
<INCOME-CONTINUING>                                          0
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                             5,912
<EPS-BASIC>                                             0.48
<EPS-DILUTED>                                             0.48



</TABLE>
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3044 Reported in House (RH)]

                                                 Union Calendar No. 413
113th CONGRESS
  2d Session
                                H. R. 3044

                          [Report No. 113-553]

   To approve the transfer of Yellow Creek Port properties in Iuka, 
                              Mississippi.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2013

Mr. Nunnelee (for himself, Mr. Harper, Mr. Palazzo, and Mr. Thompson of 
 Mississippi) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

                             July 24, 2014

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   To approve the transfer of Yellow Creek Port properties in Iuka, 
                              Mississippi.

 

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

SECTION 1. TRANSFER OF YELLOW CREEK PORT PROPERTIES.

    In accordance with section 4(k) of the Tennessee Valley Authority 
Act of 1933 (16 U.S.C. 831c(k)), Congress approves the conveyance by 
the Tennessee Valley Authority, on behalf of the United States, to the 
State of Mississippi of the Yellow Creek Port properties owned by the 
United States and in the custody of the Authority at Iuka, Mississippi, 
as of the date of enactment of this Act.
                                                 Union Calendar No. 413

113th CONGRESS

  2d Session

                               H. R. 3044

                          [Report No. 113-553]

_______________________________________________________________________

                                 A BILL

   To approve the transfer of Yellow Creek Port properties in Iuka, 
                              Mississippi.

_______________________________________________________________________

                             July 24, 2014

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
Served: May 17, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Applications of Southwest Airlines Co.,

JetBlue Airways Corporation, and

US Airways, Inc.,

For exemptions from 14 C.F.R. Part 93, Subparts K and S, 

Pursuant to 49 U.S.C. § 41718(b),

Special rules for Ronald Reagan Washington National Airport (within-perimeter slot 

exemptions)

Docket DOT-OST-2000-7182

NOTICE

By Order 2013-5-6 (May 7, 2013), the Department reallocated two “within-perimeter” slot 

exemptions at Ronald Reagan Washington National Airport (DCA) to Southwest Airlines Co. 

(Southwest) for a daily nonstop roundtrip to Houston’s William P. Hobby airport (HOU). 

The Department also directed Southwest to file in Docket DOT-OST-2000-7182, no later 

than ten business days after the service date of the Order, the air carrier’s proposed flight 

schedule and effective date of operations authorized by the Order.

By this notice, we are assigning slot times in the 1500 hour for the two exemptions awarded by 

Order 2013-5-6 to Southwest. The assigned slot exemption times indicate the hourly period

during which the slot exemptions must be operated, but not the precise departure and arrival 

times. Additional consultation related to the exact operational times and effective date may be 

required between the air carrier and the FAA Slot Administration Office prior to initiating 

service. 

We acknowledge that a carrier may wish to propose changes that may be necessary to optimize 

the slot exemption times listed above. A carrier may seek authorization from the FAA Slot 

Administration Office to temporarily exchange assigned slot exemption times with other slots or 

slot exemptions in a different hour for the purpose of conducting operations authorized by

Order 2013-5-6. In acting on such requests, the FAA will employ standard practices in 

conjunction with applicable statutory and regulatory requirements for the utilization of slot times 

between and among individual air carriers.

As stated in Order 2013-5-6, Southwest must commence the service no later than August 5, 

2013. Regardless of subsequent slot time exchanges, the slot times assigned by this notice

will be fixed. Furthermore, if any of the service granted by Order 2013-5-6 is suspended, 

the Department will withdraw the slot exemptions based on their fixed slot times.
- 2 -

We shall serve a copy of this notice on Southwest Airlines Co., JetBlue Airways 

Corporation, US Airways, Inc., the Federal Aviation Administration Slot Administration

Office, and the Metropolitan Washington Airports Authority.

By:

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs

(SEAL)

An electronic version of this document will be available on the World Wide Web at:

http://www.regulations.gov
<PAGE>

                                                                      Exhibit 23


                        Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-60207) pertaining to the UDLP Amended and Restated Supplemental
Retirement and Savings Plan, the United Defense Stock Option Plan, and the
United Defense Industries, Inc. Employee Equity Purchase Plan of our report
dated January 31, 2000, with respect to the consolidated financial statements of
United Defense Industries, Inc. included in the Annual Report (Form 10-K) for
the year ended December 31, 1999.


                             /s/ Ernst & Young LLP

Washington D.C.
February 28, 2000
[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Page 63868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27435]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Reissuance of License

    Notice is hereby given that the following Ocean Transportation 
Intermediary license has been reissued by the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984, as 
amended by OSRA 1998 (46 U.S.C. app. 1718) and the regulations of the 
Commission pertaining to the licensing of Ocean Transportation 
Intermediaries, 46 CFR 515.

----------------------------------------------------------------------------------------------------------------
               License No.                          Name/address                        Date reissued
----------------------------------------------------------------------------------------------------------------
1227F...................................  Fast Shipping Co., 201 Sevilla    August 13, 2000.
                                           Avenue, Suite 306, Coral
                                           Gables, FL 33134.
4130NF..................................  GSG Investment Inc. d/b/a         September 7, 2000.
                                           Worldwide Logistics Company,
                                           8801 Bellanca Avenue, Los
                                           Angeles, CA 90045.
----------------------------------------------------------------------------------------------------------------


Sandra L. Kusumoto,
Director, Bureau of Consumer Complaints and Licensing.
[FR Doc. 00-27435 Filed 10-24-00; 8:45 am]
BILLING CODE 6730-01-P