alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### TYLER et al. v. HOUSTON OIL CO. et al.

No. 3571.

Court of Civil Appeals of Texas. Beaumont.

Dec. 19, 1939.

Rehearing Denied Jan. 3, 1940.

Geo. E. Holland, of Beaumont, and John T. Lindsey, of Port Arthur, for appellants.

Williams, Lee, Sears & Kennedy, of Houston, for appellees.

WALKER, Chief Justice.

The action was in trespass to try title. Under their plea of ten year limitation, ap-pellees claimed an interest of 160 acres of land in a tract of 575 acres out of the Wm. McFarland Lewis league in Newton county. Judgment in favor of appellants included only the actual enclosures. The jury returned an affirmative answer to the following question: “Question No. 1. Do you find from a preponderance of the evidence that the Defendant, Meredith (Hog) Tyler has had and held peaceable and adverse possession of any part of the five hundred and seventy-five (575) acre tract of land described in Plaintiffs’ Original Petition in this cause, cultivating, using and enjoying the same continuously for any period of ten consecutive years prior to the filing of this suit on February 12th, 1938?”

By assignments of error and propositions appellants assert that, on the verdict of the jury, the judgment in their favor should have been for their claimed interest of 160 acres.

On the undisputed evidence, appellee owned the record title to the land and, during appellants’ limitation period, was in possession of all of the 575 acres except appellants’ enclosures, by and through its tenants. *308This possession restricted appellants to their actual enclosures. Haynes v. Texas & N. O. R. R. Co., 51 Tex.Civ.App. 49, 111 S.W. 427, 428; Sutton v. Carabajal, 26 Tex. 497, 500; Evitts v. Roth, 61 Tex. 81, 84; Parker v. Baines, 65 Tex. 605, 608; Evans v. Houston Oil Co. of Texas, Tex.Civ.App. 211 S.W. 605; Id., Tex.Com.App., 231 S.W. 731; Furlow v. Kirby Lbr. Co., Tex.Civ.App., 53 S.W.2d 642; Powell Lumber Co. v. Medley, Tex.Civ.App., 127 S.W.2d 520.

• Other parties were involved in the litigation, and other issues were adjudicated by the judgment, but appellants’ brief puts in issue only the propositions discussed.

The judgment of the lower court is in all things affirmed.
<TABLE> <S> <C>

<ARTICLE>                  5

<S>                                                  <C>
<PERIOD-TYPE>                                        12-MOS
<FISCAL-YEAR-END>                                    MAR-31-2000
<PERIOD-END>                                         MAR-31-2000
<CASH>                                               216,088
<SECURITIES>                                         1,082,649
<RECEIVABLES>                                        000
<ALLOWANCES>                                         000
<INVENTORY>                                          000
<CURRENT-ASSETS>                                     000
<PP&E>                                               000
<DEPRECIATION>                                       000
<TOTAL-ASSETS>                                       16,074,536<F1>
<CURRENT-LIABILITIES>                                000
<BONDS>                                              000
<COMMON>                                             000
<PREFERRED-MANDATORY>                                000
<PREFERRED>                                          000
<OTHER-SE>                                           14,638,784
<TOTAL-LIABILITY-AND-EQUITY>                         16,074,536<F2>
<SALES>                                              000
<TOTAL-REVENUES>                                     313,697<F3>
<CGS>                                                000
<TOTAL-COSTS>                                        000
<OTHER-EXPENSES>                                     559,266<F4>
<LOSS-PROVISION>                                     000
<INTEREST-EXPENSE>                                   000
<INCOME-PRETAX>                                      000
<INCOME-TAX>                                         000
<INCOME-CONTINUING>                                  000
<DISCONTINUED>                                       000
<EXTRAORDINARY>                                      000
<CHANGES>                                            000
<NET-INCOME>                                         (1,760,848)<F5>
<EPS-BASIC>                                        (50.44)
<EPS-DILUTED>                                        000
<FN>
<F1>Included  in Total  Assets:  Investments  in Local Limited  Partnerships  of
$13,088,569,  Other  investments  of  $1,672,507  and Other  assets  of  $14,723
<F2>Included in Total Liabilities and Equity:  Accounts payable to affiliates of
$1,406,153 and Accounts payable and accrued expenses of $29,599  <F3>Included in
Total  Revenue:  Investment of $72,855,  Accretion of Original Issue Discount of
$124,882 and Other of $115,960 <F4>Included in Other Expenses:  Asset management
fees of  $163,750,  General and  administrative  of  $216,657,  Amortization  of
$28,859 and Provision for valuation of investments in Local Limited Partnerships
of  $150,000  <F5>Included  in Net  Loss:  Equity  in  losses  of Local  Limited
Partnerships of $1,515,279 </FN>
</TABLE>
Exhibit 32.2

The following statement is being furnished to the Securities and
Exchange Commission solely for purposes of Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC  20549

Re: BayCorp Holdings, Ltd.

Ladies and Gentlemen:

In  connection  with  the report of BayCorp Holdings,  Ltd.  (the
"Company") on Form 10-Q for the quarter ended March 31,  2005  as
filed  with  the Securities and Exchange Commission on  the  date
hereof (the "Report"), I, Patrycia T. Barnard, Vice President  of
Finance  and  Treasurer 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 BayCorp Holdings, Ltd.



Date:  May 16, 2005      /s/ Patrycia T. Barnard
                         ----------------------------------
                         Patrycia T. Barnard
                         Vice President of Finance and Treasurer
                         (chief accounting officer)




A  signed original of this written statement required by  Section
906,   or   other  document  authenticating,  acknowledging,   or
otherwise  adopting  the signature that  appears  in  typed  form
within  the electronic version of this written statement required
by  Section 906, has been provided to BayCorp Holdings, Ltd.  and
will  be retained by BayCorp Holdings, Ltd. and furnished to  the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-29-1998
<PERIOD-START>                             AUG-31-1997
<PERIOD-END>                               AUG-29-1998
<CASH>                                         896,123
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                 26,458,628
<CURRENT-ASSETS>                            28,671,107
<PP&E>                                      14,203,396
<DEPRECIATION>                               9,875,837
<TOTAL-ASSETS>                              33,318,356
<CURRENT-LIABILITIES>                       11,576,579
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,144
<OTHER-SE>                                  21,696,633
<TOTAL-LIABILITY-AND-EQUITY>                33,318,356
<SALES>                                     90,565,996
<TOTAL-REVENUES>                            90,565,996
<CGS>                                       57,793,619
<TOTAL-COSTS>                               88,960,549
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              61,430
<INCOME-PRETAX>                              1,544,017
<INCOME-TAX>                                   602,500
<INCOME-CONTINUING>                            941,517
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   941,517
<EPS-PRIMARY>                                     0.21
<EPS-DILUTED>                                     0.21
        

</TABLE>
# In the United States Court of Federal Claims

UNITED LAUNCH SERVICES, LLC , et al.

,

Plaintiff,

v.

THE UNITED STATES OF AMERICA

,

Defendant. )

)

)

)

)

)

)

)

)

)

) No. 12

- 380 C

(Filed: February 5, 2020 )

nunc pro tunc December 19, 2019

ORDER

The Clerk is directed to re assign this case to Judge Mary Ellen C oster Williams for the

conduct of ADR proceedings nunc pro tunc as of December 19, 2019.

IT IS SO ORDERED.

s/ Elaine D. Kaplan

ELAINE D. KAPLAN

Judge
(logo) Deutsche Bank

 

1761 East St. Andrew Place

Santa Ana, CA 92705-4934

 

Tel  714 247 6000

Fax 714 247 6009

 

 

ANNUAL STATEMENT AS TO COMPLIANCE

 

DBWF 2015-LCM Mortgage Trust

 

The undersigned, David Co, a Director of Deutsche Bank Trust Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Trust and Servicing Agreement, dated as of June 25, 2015 (the “Agreement”), by and among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Midland Loan Services, A Division of PNC Bank National Association, as Special Servicer, Wilmington Trust, National Association, as Trustee, and Deutsche Bank Trust Company Americas, as Certificate Administrator, Paying Agent, and Custodian, here by certifies in accordance with Section 11.07 of the Agreement:

 

A)     A review of such Certifying Servicer’s activities from June 25, 2015 to December 31, 2015 (the “reporting period”) and of such Certifying Servicer’s performance under the Agreement has been made under such officer’s supervision and

B)     That, as to the best of such officer’s knowledge, based on such review, such Certifying Servicer has fulfilled all its obligations under the Agreement, in all material respects throughout the reporting period.

 

 

DEUTSCHE BANK TRUST COMPANY AMERICAS

as Certificate Administrator         

 

 

/s/ David Co

BY:  David Co

Title:  Director

Date:  March 1, 2016
<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

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in
connection with the Quarterly Report on Form 10-Q of Post Properties, Inc.
("Post") and Post Apartment Homes, L.P. ("PAH", and together with Post, the
"Registrants") for the quarter ended June 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned, the
President and Chief Executive Officer of Post and Post GP Holdings, Inc., PAH's
general partner, certifies 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 Registrants.

/s/ David P. Stockert
-------------------------------------------
David P. Stockert
President and Chief Executive Officer

August 9, 2005
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2226 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 2226

To prohibit recipients of disaster recovery relief assistance from the 
Department of Housing and Urban Development from penalizing applicants 
    that declined assistance from the Small Business Administration.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2017

  Mr. Rubio (for himself, Mr. Kennedy, and Mr. Nelson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
To prohibit recipients of disaster recovery relief assistance from the 
Department of Housing and Urban Development from penalizing applicants 
    that declined assistance from the Small Business Administration.

    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 ``Disaster Assistance Simplification 
Act''.

SEC. 2. DUPLICATION OF BENEFITS FOR DISASTER RELIEF.

    (a) Definitions.--In this section--
            (1) the term ``Administration'' means the Small Business 
        Administration; and
            (2) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    (b) Prohibitions.--With respect to a grant provided to a grantee 
under title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) related to a major disaster declared by the 
President under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170), the Secretary and the 
grantee shall not--
            (1) take into consideration whether an applicant for 
        assistance from the grantee applied and was approved for, but 
        declined, assistance related to the major disaster from the 
        Administration under section 7(b) of the Small Business Act (15 
        U.S.C. 636(b)); or
            (2) reduce the amount provided to an applicant described in 
        paragraph (1) by any amount that the applicant would have 
        received from the Administration if the applicant had not 
        declined the assistance.
    (c) Application.--Subsection (b) shall apply with respect to 
applicants for assistance from a grantee under title I of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with 
respect to a major disaster declared by the President under section 401 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) who applied for assistance from the Administration 
under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) related 
to the major disaster before, on, or after the date of enactment of 
this Act.
                                 <all>
```
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, AS AMENDED  In connection with the Annual Report of Guardian Technologies International, Inc. (the "Company") on Form 10-K for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael W. Trudnak, Chief Executive Officer of the Company, does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, as amended, that, to the best of his knowledge:  (1) The Report fully complies with the reporting requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date: April 1, 2010 Signed: /s/ Michael W. Trudnak Name: Michael W. Trudnak Title: Chairman and Chief Executive Officer
EXHIBIT 31 (a)

                            CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  ----------------------------------------------------------------------------

     I, Fred Schulman, hereby certify that:

     1. I have reviewed this Annual Report on Form 10-KSB of Gourmet Group,
Inc.

     2. Based on my knowledge, this Annual 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 quarterly
report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this Annual 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 Annual Report;

     4. The registrant`s other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

     a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, is made known to us by others within
those entities, particularly during the period in which this Annual Report is
being prepared;

     b) evaluated the effectiveness of the registrant`s disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
Annual Report (the "Evaluation Date"); and

     c) presented in this Annual Report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

     5. The registrant`s other certifying officers and I have disclosed, based
on our most recent evaluation, to the registrant`s auditors and the audit
committee of registrant`s board of directors (or persons performing the
equivalent function):

     a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant`s ability to record,
process, summarize and report financial data and have identified for the
registrant`s auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant`s internal controls; and

     6. The registrant`s other certifying officers and I have indicated in this
Annual Report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

                                 By: /s/ Fred Schulman
                                   _________________________________
                                Chief Executive Officer
                                Dated: September 22, 2003
##### 



ONYX PHARMACEUTICALS, INC.

EXHIBIT 32.1

CERTIFICATION

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities
Exchange Act of 1934, as amended (the Exchange Act) and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Hollings
C. Renton, Chairman of the Board, President and Chief Executive Officer of Onyx
Pharmaceuticals, Inc. (the Company), hereby certifies that, to the best of
his knowledge:



|1. |  | The Companys Quarterly Report on Form 10-Q for the period ended
September 30, 2003, to which this Certification is attached as Exhibit
32.1 (the Periodic Report), fully complies with the requirements of
Section 13(a) or Section 15(d) of the Exchange Act; and             
|-- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|  
|2. |  | The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of
the period covered by the Periodic Report and results of operations of the
Company for the period covered by the Periodic Report.

Dated: November 13, 2003

| |  |                                                                                                                            
| |  | ---------------------------------------------------------------------------------------------------------------------------
| |  | /s/ Hollings C. Renton                                                                                                     
| |  |                                                                                                                            
| |  | Hollings C. Renton
Chairman of the Board, President
and Chief Executive Officer
(Principal Executive and Financial Officer)



---

A signed original of this written statement required by Rule 13(a)-14(b) of
the Exchange Act and Section 1350 of Chapter 63 of Title 18 of the United
States Code (18 U.S.C. § 1350) has been provided to Onyx Pharmaceuticals, Inc.
and will be retained by Onyx Pharmaceuticals, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

31
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 40378

STATE OF IDAHO

,

Plaintiff-Respondent

,

v.

VIDAL JARA, JR.

,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2013 Unpublished Opinion No. 583

Filed: July 15, 2013

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen , District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of one year , for burglary

, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

________________________________________________

Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM

Vidal Jara, Jr. pled guilty to burglary . I.C. § § 18

- 1401, 18

- 204

. In exchange for his

guilty plea, an add itional charge was dismissed and the state agreed not to pursue an allegation

that Jara was a persistent violator

. The district court sentenced Jara to a unif ied term of seven

years, with a minimum period of confinement of one year

. Jara appeals.

Sentencing is a matter for the trial court ’ s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18 , 822 P.2d 1011, 1014

-
15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing2 the length of a sentence, we consider the defend ant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Jara ’s judgment of conviction and sentence are affirmed.