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

No. 22941.

Court of Criminal Appeals of Texas.

Nov. 22, 1944.

Noah Roark, of Dallas, for appellant.

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

KRUEGER, Judge.

The conviction is for burglary. The punishment assessed is confinement in the state penitentiary for a term of two years.

The record in this case fails to show that any sentence was ever pronounced against the appellant, in the absence of which this court is without jurisdiction to entertain the appeal. See Bernard v. State, 145 Tex. Cr.R. 502, 170 S.W.2d 231, and authorities cited. See also cases cited under Art. 769, Vernon’s Ann.Tex.C.C.P., Vol. 3, also Cumulative Pocket Part.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
#### HOLLARS v. GILREATH DAIRY CO. et al.

Court of Appeals of Kentucky.

Dec. 19, 1952.

Fritz Krueger and W. R. Jones, Somerset, for appellant.

Woodward, Hobson & Fulton and Will H. Fulton, Louisville, Parker W. Duncan, Monticello, for appellees.

CAMMACK, Chief Justice.

This action was instituted by the ad-ministratrix of the estate of Johnny Hol-lars to collect damages for his alleged wrongful death. Hollars met his death as he attempted to jump from a truck which was being operated by Roland Lewis along a highway under construction by Talbott and Meyers. Hollars was a guest in the dairy truck being driven by Lewis. This appeal is from a judgment on a directed verdict given in favor of Talbott and Meyers and against Lewis. The only question in the case concerns the correctness of the judgment as to Talbott and Meyers.

Lewis was driving his truck along the highway which Talbott and Meyers were constructing. The Highway Department had accepted the highway as complete for traffic, though it had not been surfaced. The accident took place on an eight per cent grade where the road sloped away from a cliff over to an embankment of some 100 feet. No guard rails had been installed, but these rails are constructed by the Highway Department and not by the contractor. The road was built in compliance with all the plans and specifications of the Highway Department and was said by a State Highway Engineer to be no more hazardous than other roads in that mountainous vicinity.

Hollars was killed when -he attempted to jump from the truck as it went over the bank. The only testimony concerning the manner in which the accident happened was given by Lewis, the truck driver. He said that, when he was about halfway up the *621hill, he dropped a cigarette and reached down to pick it up and another passenger in the truck hollered, “Look out,” and that he jerked the wheel over but could not straighten up the truck. Lewis said he was driving in the center of the road, and when asked if he took his eyes off the road he said, “I surely did.”

We think the trial court properly gave a peremptory instruction in favor of Tal-bott and Meyers. There was no evidence of negligence concerning the manner in which the highway had been constructed. The facts in the case of Codell Construction Co. v. Steele, 247 Ky. 173, 56 S.W.2d 955, clearly distinguish it from the one under consideration.

Judgment affirmed.

DUNCAN, J., not sitting.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JONATHAN MATHEW KNIGHT,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 16

- 00123

- CR

Appeal from the

County Criminal Court No. 1

of El Paso County, Texas

(TC# 20150C06154)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 15TH DAY OF AUGUST, 2018.

GINA M. PALAFOX, Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.
EXHIBIT 31.2
                                                                    ------------
I, Mark J. Wright, certify that:

1.   I have reviewed this quarterly report on Form 10-Q of Western Power &
Equipment Corp.;

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(s) 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.

Date:  December 15, 2005

/s/ Mark J. Wright
-----------------------
Mark J. Wright
Chief Financial Officer
<PAGE>

                                                                   Exhibit 32.1


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

I, the chief executive officer of Dynabazaar, Inc. (the "Company"), certify that
(i) the Annual Report on Form 10-K for the year ended December 31, 2004 (the
"10-K") of the Company fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and (ii) the information contained
in the 10-K fairly presents, in all material respects, the financial condition
and results of operations of the Company.

Date:    March 30, 2005                            /s/ William J. Fox
                                                   -----------------------------
                                                   William J. Fox
                                                   Chief Executive Officer
#### The State, ex rel. Squire, Supt. of Banks, Appellant, *v.*Brown et al., Appellees.

(No. 28275

Decided October 2, 1940.)

*Mr. Thomas J. Herbert,*attorney general, *Mr. A. O. Husband, Mr. Alfred La/uirence*and *Mr. Winfield Worline,*for appellant.

*Messrs. Squire, Sanders <& Dempsey,*for appellee, The Equitable Life Assurance Society of the United States.

*Messrs. McKeehcm, Merrick, Arter & Stewart,*for appellee, The State Mutual Life Assurance Company.

*316*Mr. Jack B. Dworken*and *Mr. Morton B. Dworken,*for appellees, Minnie N. Brown and others.

It is ordered and adjudged that said appeal as of right he, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

*Appeal dismissed.*

Weygandt, C. J., Day, Zimmerman, Matthias and Hart, JJ., concur.

Williams, J., not participating.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3304 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                     November 19, 2013.
    Resolved, That the bill from the House of Representatives (H.R. 
3304) entitled ``An Act to authorize and request the President to award 
the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the 
United States Army for acts of valor during the Vietnam Conflict and to 
authorize the award of the Medal of Honor to certain other veterans who 
were previously recommended for award of the Medal of Honor.'', do pass 
with the following

                              AMENDMENTS:

            On page 2, line 3, strike ``and request''.

            On page 2, line 11, strike ``and requested''.

            On page 3, line 1, strike ``and request''.

            On page 3, line 9, strike ``and requested''.

            Amend the title so as to read: ``An Act to authorize the 
        President to award the Medal of Honor to Bennie G. Adkins and 
        Donald P. Sloat of the United States Army for acts of valor 
        during the Vietnam Conflict and to authorize the award of the 
        Medal of Honor to certain other veterans who were previously 
        recommended for award of the Medal of Honor.''.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                               H.R. 3304

_______________________________________________________________________

                               AMENDMENTS
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-7556

RODNEY EUGENE EDWARDS,

Petitioner - Appellant,

versus

RONALD J. ANGELONE,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-99-770-7)

Submitted: January 20, 2000 Decided: February 2, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rodney Eugene Edwards, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Although the district court’s order is marked as “filed” on

October 27, 1999, the district court’s records show that it was

entered on the docket sheet on October 28, 1999. Pursuant to Rules

58 and 79(a) of the Federal Rules of Civil Procedure, it is the

date the order was entered on the docket sheet that we take as the

effective date of the district court’s decision. See Wilson v.

Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).

2

PER CURIAM:

Rodney Eugene Edwards seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 1999). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. See Edwards v. Angelone, No.

CA-99-770-7 (W.D. Va. Oct. 28, 1999).* We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

PETER BEASLEY,

Plaintiff,

v.

GREGORY GREENLEE, et al.,

Defendant.

§

§

§

§

§

§

§

§

§

Civil Action No. 3:22-CV-0532-X-BT

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND 

RECOMMENDATION OF THE UNITED STATES MAGISTRATE

JUDGE

The United States Magistrate Judge made findings, conclusions, and a 

recommendation in this case. (Doc. No. 116). Magistrate Judge Rebecca 

Rutherford recommends granting Defendants’ motion for judgment on the pleadings

(Docs. 78, 83), finding Plaintiff’s motion for partial summary judgment (Doc. 98) moot, 

and dismissing Plaintiff’s claims with prejudice. (Doc. 116 at 25). Plaintiff filed an 

objection. The District Court reviewed de novo those portions of the proposed 

findings, conclusions, and recommendation to which objection was made, and 

reviewed the remaining proposed findings, conclusions, and recommendation for 

plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and 

Recommendation of the United States Magistrate Judge. Accordingly, the Court 

GRANTS Defendants motion for judgment on the pleadings, (Docs. 78, 83), FINDS 

AS MOOT Plaintiff’s motion for partial summary judgment (Doc. 98), and 

Case 3:22-cv-00532-X-BT Document 122 Filed 08/16/24 Page 1 of 2 PageID 2621
2

DISMISSES WITH PREJUDICE all of Plaintiff’s claims in this case. 

IT IS SO ORDERED this 16th day of August, 2024.

____________________________________

BRANTLEY STARR

UNITED STATES DISTRICT JUDGE

Case 3:22-cv-00532-X-BT Document 122 Filed 08/16/24 Page 2 of 2 PageID 2622
[Federal Register Volume 65, Number 215 (Monday, November 6, 2000)]
[Notices]
[Page 66569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28397]


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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Mathematical Sciences; Notice of 
Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name and Committee Code: Special Emphasis in Mathematical 
Sciences (1204).
    Date and Time: November, 29-December 1, 2000; 8:30 a.m. until 5 
p.m.
    Place: Room 320, 330, & 360, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Drs. Henry Warchall, Deborah F. Lockhart, 
Benjamin M. Mann, John Stufken, and Joe Jenkins, Program Director, 
National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 
22230. Telephone: (703) 292-8870.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposal submitted to NSF for financial support.
    Agenda: To review and evaluate proposals concerning the Fluid 
Dynamics Panel, as part of the selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information concerning individuals associated with the proposals. 
These matters are exempt under 5 U.S.C. 552b(c)(4) and (6) of the 
Government in the Sunshine Act.

    Dated: October 31, 2000.
Karen J. York,
Committee Manager Officer.
[FR Doc. 00-28397 Filed 11-3-00; 8:45 am]
BILLING CODE 7555-01-M
#### Ex parte VAN DERRICK.

No. 25137.

Court of Criminal Appeals of Texas.

Dec. 6, 1950.

None on appeal for appellant.

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

WOODLEY, Commissioner.

Relator appeals from an order entered by Honorable Henry King, Judge of Criminal District Court No. 2 of Dallas County, denying his application for habeas corpus to secure the fixing of bail.

It appears that since this appeal was taken, relator has been tried and convicted of the offense of robbery, and is now serving sentences in several cases in each of which a 99-year term was assessed upon a plea of guilty.

The question involved having become moot, the appeal is dismissed.

Opinion approved by the Court.
<TABLE> <S> <C>

<ARTICLE>  5 <LEGEND>
This schedule  contains summary  financial  information  extracted from the
consolidated  balance  sheet,  consolidated  statement  of  operations  and
consolidated  statement of cash flows  included in the Company's  Form 10-Q
for the period ended December 25, 1998, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                                        1,000
       
<S>                                             <C>
<PERIOD-TYPE>                                   6-MOS
<FISCAL-YEAR-END>                                             JUN-25-1999
<PERIOD-START>                                                JUN-27-1998
<PERIOD-END>                                                  DEC-25-1998
<CASH>                                                             11,008
<SECURITIES>                                                       77,782
<RECEIVABLES>                                                      15,776
<ALLOWANCES>                                                            0
<INVENTORY>                                                         7,649
<CURRENT-ASSETS>                                                  120,918
<PP&E>                                                             15,992
<DEPRECIATION>                                                      6,929
<TOTAL-ASSETS>                                                    129,981
<CURRENT-LIABILITIES>                                              21,000
<BONDS>                                                                 0
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                              262
<OTHER-SE>                                                        108,719
<TOTAL-LIABILITY-AND-EQUITY>                                      129,981
<SALES>                                                            50,405
<TOTAL-REVENUES>                                                   50,405
<CGS>                                                              18,626
<TOTAL-COSTS>                                                      41,917
<OTHER-EXPENSES>                                                        0
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                      0
<INCOME-PRETAX>                                                    10,408
<INCOME-TAX>                                                        3,851
<INCOME-CONTINUING>                                                 6,557
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                        6,557
<EPS-PRIMARY>                                                        0.26
<EPS-DILUTED>                                                        0.25
        

</TABLE>
I 

113TH CONGRESS 

1ST SESSION H. R. 3578 

To ensure that any new or revised requirement providing for the screening, 

testing, or treatment of an airman or an air traffic controller for a 

sleep disorder is adopted pursuant to a rulemaking proceeding, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2013 

Mr. LOBIONDO (for himself, Mr. LARSEN of Washington, Mr. BUCSHON, Mr. 

GRAVES of Missouri, Mr. LIPINSKI, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To ensure that any new or revised requirement providing 

for the screening, testing, or treatment of an airman 

or an air traffic controller for a sleep disorder is adopted 

pursuant to a rulemaking proceeding, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3578 IH

1 SECTION 1. MEDICAL CERTIFICATION REQUIREMENTS FOR 

2 AIRMEN AND AIR TRAFFIC CONTROLLERS 

3 RELATING TO SLEEP DISORDERS. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 may implement or enforce a requirement providing for the 

6 screening, testing, or treatment (including consideration 

7 of all possible treatment alternatives) of an airman or an 

8 air traffic controller for a sleep disorder only if the re9 quirement is adopted pursuant to a rulemaking pro10 ceeding. 

11 (b) APPLICABILITY.—Subsection (a) shall not apply 

12 to a requirement that was in force before November 1, 

13 2013. 

14 (c) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 (1) AIRMAN.—The term ‘‘airman’’ has the 

17 meaning given that term in section 40102(a) of title 

18 49, United States Code. 

19 (2) AIR TRAFFIC CONTROLLER.—The term ‘‘air 

20 traffic controller’’ means a civilian employee of the 

21 Department of Transportation described in section 

22 2109 of title 5, United States Code. 

23 (3) SLEEP DISORDER.—The term ‘‘sleep dis24 order’’ includes obstructive sleep apnea. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
<PAGE>

                                                                    Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER


         In connection with the quarterly report of Tecumseh Products Company
(the "Company") on Form 10-Q for the period ended March 31, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I,
James S. Nicholson, 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 Form 10-Q fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m or
          78o(d)); and

     (2)  the information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.



Dated: May 9, 2006                           BY: /s/ JAMES S. NICHOLSON
       ------------------------                  -------------------------------
                                                 James S. Nicholson
                                                 Vice President, Treasurer and
                                                 Chief Financial Officer