alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ROEDENBECK FARMS, Inc., et al. v. BROUSSARD et al. CHRISTIE et al. v. SAME.

Nos. 24107, 24108.

Supreme Court of Texas.

April 19, 1939.

Fulbright, Crooker & Freeman, Kemper, Hicks & Cramer, C. A. Leddy, and F. Warren Hicks, all of Houston, for plaintiffs in error Roedenbeck Farms et ¿1.

Frank A. Liddell, Cole, Patterson & Cole, Ewing Werlein, Edward S. Boyles, *169J. R. Hill, P. Harvey, Lewis Dickson, Cecil N. Cook, John C. Dawson, and Kayser, Liddell, Benbow & Butler, all of Houston, R. E. Schneider,. Jr., of George West, E. H. Cain, of Anahuac, and LeRoy McCall, of Beaumont, for plaintiffs in error Christie et al.

!1⁄8 B. Pickett, Jr., of Liberty, Guy C. Jackson, Jr., and A. W. Marshall, both of Anahuac, Felix A. Raymer, of Houston, and Orgain, Carroll & Bell, W. D. Gordon, and E. E. Easterling, all of Beaumont, for defendants in error Broussard, et al.

PER CURIAM.

The above numbered and styled applications for writs of error are refused. It is deemed advisable, in view of the fact that the question presented by the twenty-first assignment of error in Application No. 24,108 by H. Merlyn Christie et al., is not discussed in the opinion of the Court of Civil Appeals, to state that the said twenty-first assignment of error is not sustained, because it is the opinion of the court that the trial court’s judgment as a whole is correctly construed as adjudging to the cross plaintiffs H. Merlyn Christie et al., the title and ownership of the overriding royalties or oil payments described in twó assignments to Humble Oil & Refining Company, the first from Clayton N. Smith and F. L. Luclcel, dated March 16, 1935, and the second from Clayton N. Smith, dated April 18, 1935, and more fully described in the trial court’s judgment, against all of the cross defendants named in the cross action of the said H. Merlyn Christie et al., including J. E. Broussard and 'the cross defendants claiming under him.

The overriding royalties or oil payments are by the trial court’s judgment awarded to the said cross plaintiffs and it is in substance adjudged thereby that they shall be paid and delivered to the said parties out of the seven-eighths working interest held by Humble Oil & Refining Company. These provisions of the judgment by necessary implication deny to all of the parties, other than those to whom they are awarded, any ownership of or right to the said overriding royalties or oil payments. Whitmire v. Powell, 103 Tex. 232, 125 S. W. 889; Trammell v. Rosen, 106 Tex. 132, 157 S.W. 1161; De Zavala v. Scanlan, Tex.Com.App., 65 S.W.2d 489.
Notice is hereby given that, on August 19, 1999, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                    (“the Act”), Telematics Suppliers Consortium, Inc. (“Telematics”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership status. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Auvo Inc., Schaumburg, IL; Clarion Co., Ltd., Saitama, JAPAN; ComCARE Alliance, Washington, DC; InfoMove.com, Inc., Redmond, WA; Intelligent Transportation Society of America, Washington, DC; Microsoft, Inc., Redmond, WA; Navigational Technologies, Rosemont, IL; Qualcomm Inc., San Diego, CA; Sony Group, Menlo Park, CA; The Automobile Association, Basingstoke, UNITED KINGDOM have been added as parties to this venture. In addition, the initial notification made by the Consortium is amended to include Alpine Electronics Inc., Tokyo, JAPAN (parent company of Alpine Electronics of America, Inc., Torrence, CA); Tyco International Ltd., Hamilton, BERMUDA (parent company of AMP Inc., Harrisburg, PA); and Lear Corporation, Southfield, MI (parent company of United Technologies Corporation, Hartford, CT) as members.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Telematics Suppliers Consortium, Inc. (“Telematics”) intends to file additional written notification disclosing all changes in membership.

                    On March 12, 1999, Telematics Suppliers Consortium, Inc. (“Telematics”) filed its original notification pursuant to Section 6(a) of the Act. The last notification was filed with the Department on May 26, 1999. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on December 14, 1999 (64 FR 69801).                

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 00-3125 Filed 2-9-00; 8:45 am]

BILLING CODE 4410-11-M
Order entered May 13, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00513-CV

IN RE OMP DEVELOPMENT, LLC, Relator

Original Proceeding from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-01265

ORDER

Based on the Court’s opinion of this date, we DENY relator’s petition for writ of 

mandamus. We DENY relator’s motion to stay as moot. We ORDER that relator bear the 

costs of this original proceeding.

/s/ JIM MOSELEY 

JUSTICE
**Exhibit 32.1**

 

**Certification of Chief Executive Officer**

 

In connection with the Quarterly Report on Form 10-Q of Knoll, Inc. (the “Company”) for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Andrew B. Cogan, Chief Executive Officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002), that to my knowledge:

 

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

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

 

May 10, 2011

 

 
| /s/ Andrew B. Cogan     |   |
|-------------------------|--------|
| **Andrew B. Cogan**     |   |
| Chief Executive Officer |   |

 

----
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 00340**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** x 00340\00340_Part A.XLS Plant submitted survey file x 00340\00340_Part B.XLS Plant submitted survey file x 00340\00340_Part C.XLS Plant submitted survey file x 00340\00340_Part D.XLS Plant submitted survey file x 00340\00340_Part H.XLS Plant submitted survey file

00340\Certification Statement_00340.pdf Plant certification statement x 00340\Supporting Documentation\00340_Map-1.pdf Plant submitted supplemental files to the survey 00340\Supporting Documentation\00340_Map-2.pdf Plant submitted supplemental files to the survey 00340\Supporting Documentation\00340_Map-3.pdf Plant submitted supplemental files to the survey x 00340\Supporting Documentation\Water Balance.pdf Plant submitted supplemental files to the survey x 00340\Correspondence with Plant #340.pdf Follow-up correspondence regarding survey contents. x 00340\00340_Checklist.XLS EPA Technical Review Checklist Workbook

00340\00340_Completeness_Checklist.xls EPA Completeness Review Checklist

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
#### TUCKER v. STATE.

No. 20365.

Court of Criminal Appeals of Texas.

April 19, 1939.

H. R. Bishop, of Fort Worth, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

GRAVES, Judge.

The appellant was convicted of the offense of murder with malice, and his punishment assessed at twenty-five years in the penitentiary.

The record before us contains neither a statement of facts nor bills of *301exception, hence no question is presented for review. It appears, however, that the sentence herein does not conform to the provisions of the indetermináte sentence law. Vernon’s Ann.C.C.P. art. 775. The same is therefore reformed so as to sentence the appellant to serve a term of not less than two nor more than twenty-five years in the State penitentiary, and as reformed the judgment will be affirmed.
exv10w7



 





Exhibit 10.7


March 31, 2005




James W. Greenwell

11534 Hemmingway Drive

Reston, VA 20192



Dear Jim,



I am pleased to inform you that effective April 1, 2005, you will be promoted to Senior Vice
President, Americas. Below are the specifics of your promotion package:





	 	•  	Your annual base salary will be increased to $255,000. This salary increase is in
recognition of your outstanding performance and predicted significant future contributions
to the Company.
	 
	 	•  	You will be entitled to a $50,000 signing bonus, which will be payable April 15, 2005,
and be subject to normal withholdings. If you voluntarily terminate your employment on or
before April 15, 2006, you will be required to reimburse LCC for the full bonus amount paid
to you.
	 
	 	•  	You will be eligible to purchase 75,000 shares of the Company’s Series A Common Stock at
a per share market price equal to the fair market value of the option shares at market
close on March 31, 2005. Your options will best in increments of one-third on the first,
second and third anniversary of the date of the grant and will be subject to the terms of
LCC’s 1996 Employee Stock Option Plan.
	 
	 	•  	In accordance with the terms of LCC’s 2005 Annual Incentive Plan, you will be eligible
to receive a discretionary performance bonus equal to 30% of your annual salary. This
bonus is reflective of the 2005 performance year and will be paid in early 2006.
	 
	 	•  	If the Company is acquired and, as a result, your employment is terminated by the
acquirer, other than for cause, or you resign your position as a result of the acquirer
having materially and significantly reduced your pay or job responsibilities, then you will
be entitled to receive severance payments from the Company under the following terms: (i)
if requested, you must stay 3 months beyond the closing date of the acquisition to ensure
proper transition; (ii) the severance will be in the form of salary continuation for a
period of 12 months.




Jim, we are tremendously encouraged by your decision to remain with LCC and assume this challenging
new role. I am confident that your leadership of The Americas will be mutually beneficial, and I
look forward to your contributions to LCC’s continued success.



Sincerely,



/s/ Tom Faulders




Tom Faulders

Chairman of the Board & CEO

LCC International, Inc.


cc: Personnel File
<PAGE>   1



                        CONSENT OF INDEPENDENT AUDITORS




We consent to the incorporation by reference in the following Registration
Statements of MBNA Corporation, and in the related Prospectuses, of our report
dated January 15, 1999, with respect to the consolidated financial statements
of MBNA Corporation, included in the 1998 Annual Report to Stockholders of MBNA
Corporation and incorporated by reference in this Annual Report (Form 10-K) for
the year ended December 31, 1998:


<TABLE>
         <S>     <C>              <C>
         Number  33-41936         on Form S-8 dated July 22, 1991
         Number  33-41895         on Form S-8 dated July 24, 1991
         Number  33-50498         on Form S-3 (as amended by Post-Effective
                                  Amendment No. 1) dated August 28, 1992
         Number  33-71640         on Form S-8 dated November 15, 1993
         Number  33-76278         on Form S-3 (as amended by Amendment No. 1)
                                  dated April 8, 1994
         Number  33-95438         on Form S-8 dated August 4, 1995
         Number  33-95600         on Form S-3 (as amended by Pre-Effective
                                  Amendment No. 1) dated September 1, 1995
         Number  333-17187        on Form S-3 dated December 3, 1996
         Number  333-15721        on Form S-3 (as amended by Amendment No. 2)
                                  dated December 10, 1996
         Number  333-21181        on Form S-4 (as amended by Amendment No. 1)
                                  dated February 25, 1997
         Number  333-06824        on Form S-8 dated April 22, 1997
         Number  333-47179        on Form S-3 dated April 6, 1998
</TABLE>





Baltimore, Maryland
March 16, 1999
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from Dean
Witter Diversified Futures Fund Limited Partnership and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                     105,469,365
<SECURITIES>                                         0
<RECEIVABLES>                                  320,447<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             108,664,084<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               108,664,084<F3>
<SALES>                                              0
<TOTAL-REVENUES>                           (3,607,615)<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             5,878,357
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (9,485,972)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (9,485,972)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,485,972)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Receivables include interest receivable of $320,447.
<F2>In addition to cash and receivables, total assets include net
unrealized gain on open contracts of $2,874,272.
<F3>Liabilities include redemptions payable of $2,063,140, accrued
management fee of $269,108, and administrative expenses payable
of $142,742.
<F4>Total revenue includes realized trading revenue of $(6,745,941),
net change in unrealized of $1,089,983 and interest income of $2,048,343.
</FN>


</TABLE>
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1865 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1865

   To provide temporary direct hire authority for certain emergency 
                          response positions.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2017

  Mr. Rubio (for himself, Mr. Nelson, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To provide temporary direct hire authority for certain emergency 
                          response positions.

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

SECTION 1. DIRECT HIRE AUTHORITY FOR CERTAIN EMERGENCY RESPONSE 
              POSITIONS.

    (a) In General.--As the Secretary of Health and Human Services 
determines necessary to respond to a critical hiring need for emergency 
response positions, after providing public notice and without regard to 
the provisions of sections 3309 through 3318 of title 5, United States 
Code, such secretary may appoint candidates directly to the following 
positions:
            (1) Intermittent disaster-response personnel in the 
        National Disaster Medical System, under section 2812 of the 
        Public Health Service Act (42 U.S.C. 300hh-11).
            (2) Not more than 150 positions in the Office of the 
        Assistant Secretary for Preparedness and Response.
    (b) Expiration.--The authority under subsection (a) shall expire 
270 days after the date of enactment of this section.
                                 <all>
```
##### 



EXHIBIT 10.2
 DIGENE CORPORATION
AMENDED AND RESTATED 1997 STOCK OPTION PLAN
 ARTICLE I
PURPOSE; EFFECTIVE DATE; DEFINITIONS
 Purpose Plan Company
 Effective Date
 Definitions
 Board
 Change of Control
 Code
 Committee




---



##### 



Common Stock
 Company
 Consultant
 Exchange Act
 Fair Market Value
 Option
 Option Agreement
 Option Shares
 Plan
 Termination of Engagement
 2




---



##### 



ARTICLE II
ADMINISTRATION
 Committee Administration
 Committee Composition
  Committee Powers
 3




---



##### 



Limitation on Receipt of Options by Committee Members
 Good Faith Determinations
 ARTICLE III
ELIGIBILITY; SHARES SUBJECT TO PLAN
 Eligibility
 Shares Subject to this Plan
 Changes
 4




---



##### 



ARTICLE IV
STOCK OPTIONS
 Grant; Terms and Conditions
 Number of Shares
 Option Price
 Medium and Time of Payment
 Term and Exercise of Options 5
        Recapitalization; Reorganization
      6




---



##### 



Rights as a Stockholder
 Modification, Extension and Renewal of Options
 Exercisability and Term of Options 7
        Other Terms and Conditions
 Inclusion of Prior Grants
 Number of SharesName of Consultant
    
    Date of Grant
    
    Subject to OptionsRobert McG. Lilley
    
    
    4/18/97
    
    
    
    125,000Gerson Dores
    
    
    7/18/97
    
    
    
    25,000Mark Van Asten
    
    
    7/18/97
    
    
    
    25,000Greg Brown
    
    
    7/18/97
    
    
    
    25,000
 ARTICLE V
MISCELLANEOUS
 Withholding Taxes 8
        Amendment, Suspension, Discontinuance or Termination of Plan
 Governing Law
 Designation
 Indemnification of Committee
 9




---



##### 



Reservation of Shares
 Application of Funds
 No Obligation to Exercise
 Uncertificated Shares i.e.
 Forfeiture for Competition
 Successors
 Engagement Rights
 Other Actions
 10




---



##### 



Tax Treatment and Characterization
 Legend
  Unfunded Status of Plan
 Listing and Other Conditions
    11




---



##### 



Construction
 Severability
 Headings
 As revised by the Board at its meeting held September 10, 1998  the last sentence of Section
4.1(d) amended regarding designation of a beneficiary and subsection (3) of the second sentence of
Section 4.1(h) amended regarding exercise by designated beneficiary.
 As amended and restated by the Board at its meeting held October 26, 2000  adding and clarifying
the definition Change of Control to Section 1.3(b) and replacing Section 4.1(e) to provide
amended provisions regarding the treatment of Options in the event of a Change of Control
transaction.
 As revised by the Committee at its meeting held July 26, 2006 to require stockholder approval of
any reduction of the exercise price of outstanding Options.
 As revised by the Board by unanimous written consent dated November 2, 2006, to delete the prior
first paragraph of Section 4.1(e) and to add new Section 3.3 to require automatic anti-dilution
adjustment in the event of a reorganization or recapitalization.
 12
*OPINION ISSUED AUGUST 4, 2008*

#### FORT HENRY REALTY INC. d/b/a ADVANCED COMMUNICATIONS CO. VS. DEPARTMENT OF ADMINISTRATION

(CC-06-359)

James T. McClure, Attorney at Law, for claimant.

James A. Kirby III, General Counsel, for respondent.

PER CURIAM:

This claim was submitted to the Court for decision upon a Stipulation entered into by claimant and respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On August 25, 2006, claimant and respondent, through its Purchasing *119Division, created a purchase order (hereinafter “Purchase Order”) to install a Digital/IP Hybrid Telephone System for the West Virginia Veterans Nursing Home in Clarksburg.

2. One of the requirements of the Purchase Order was that claimant perform no later than September 16, 2006.

3. On September 13, 2006, respondent’s Purchasing Division issued a Cease and Desist Order in regard to the Purchasing Order.

4. On November 1, 2006, respondent’s Purchasing Division cancelled the Purchase Order.

5. In preparing to perform the work required in the Purchase Order, claimant did, in good faith and reliance, reasonably incur expenses:

A. Spectra! Link Equipment: $3,185.25

B. NEC Equipment W6423: $470.25

C. Mileage for two (2) round trips: $182.98

I.Wheeling to Parkersburg:

D. Certain Equipment out of Warranty: $1,465.57

I. Microsoft Small Business Server 2003

II. Bad Personal Computer

III. Bad Battery Backup

E. NEC Equipment Sale: $7,962.73

TOTAL: $13,266.78

The Court finds that the amount agreed to by the parties is fair and reasonable. Thus, the Courtis ofthe opinion to and does make an award in the amount of $13,266.78.

Award of $13,266.78.
#### RHODES v. STATE.

No. 15635.

Court of Criminal Appeals of Texas.

Nov. 9, 1932.

P. O. French, of Fairfield, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is theft of hogs; the punishment, confinement in the penitentiary for two years.

The indictment alleges that appellant “did then and there unlawfully take nine hogs,” etc., • omitting the word “fraudulently.” The use of the word “fraudulently” is indispensable in charging theft under our statute (Pen. Code 1925, art. 1410). Haney v. State, 117 Tex. Cr. R. 564, 37 S.W.(2d) 746; Phillips v. State, S9 Tex. Cr. R. 483, 231 S. W. 400, 401, and authorities cited. In Phillips v. State, supra, it was held that an allegation that the appellant “did unlawfully take, steal, and carry away” was not equivalent to an averment that he “did then and there fraudulently take,” etc.

The judgment is reversed and the prosecution ordered 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.

HAWKINS, J., not sitting.