alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COMMERCIAL UNION ASSUR. CO., LIMITED, OF LONDON, ENGLAND, v. EVERIDGE et al.

No. 3005.

Court of Civil Appeals of Texas. El Paso.

May 17, 1934.

Thompson, Knight, Baker & Harris and Robert Lee Guthrie, all of Dallas, for plaintiff in error.

B. F. Gafford, of Sherman, for defendants in error.

HIGGINS, Justice.

The defendants in error brought this suit against the plaintiff in error upon two fire insurance policies, alleging the house covered by said policies was burned during the life thereof, resulting in a total loss. The evidence is conflicting upon the issue of whether the loss was total. The first question submitted inquired whether the plaintiff suffered a total loss of the building. The issue was answered in the affirmative and upon such finding judgment was rendered against the plaintiff in error for the sum of $3,000, the face of the policies.

 In connection with the issue the court gave an instruction as to the meaning of a “total loss.” The manner, adopted in this case, of submitting the issue of a total loss was condemned in Reliance Ins. Co. v. Nichols (Tex. Civ. App.) 56 S.W.(2d) 479, as objectionable, in that it submitted a mixed question of law and fact. In this connection see, also, National Union Fire Insurance Company v. Richards (Tex. Civ. App.) 290 S. W. 912; Transcontinental Insurance Company of New York v. Frazier (Tex. Civ. App.) 60 S.W. (2d) 268. The instruction given in connection with the issue submitted is also objectionable as a charge general in its nature instructing the jury as to the law arising on the facts. Reliance Ins. Co. v. Nichols, supra. The objectionable nature of the instruction in this respect was the natural consequence of the improper submission of the mixed question of law and fact in the issue of total loss, as submitted. The assignments presenting these questions are sustained.

The witness Dodd was asked the question, “Would you as a reasonable and prudent man use part of that building that was left as a basis for the reconstruction of the building, in the condition it was before that fire?” To which the witness replied “No.” The assignment complaining, of the admission of this testimony is also sustained. This was the conclusion of the witness upon the vital issue of fact in the case and for that reason inadmissible as an invasion of the province of the jury. 19 Tex. Jur., title “Expert and Opinion Evidence,” §§ 74 and 77.

Reversed and remanded.
t«-

•oANSPORlATION 

^.^KETOPERATIONfJ ^V fttoRj ':t£>' er?v< ti 

?Oil AUG - 8 P |: 3 1 . _ ..... ^ .. 

U.S DEPARTMENT OF TRANSPORTATlbMH^3%lMb bV-'On., . f 

FEDERAL AVIATION ADMns'lSTRATION 

In the Matter of: 

Trishan Air, Inc. 

Respondent 

Assigned Administrative Law Judge: 

RICHARD C. GOODWIN 

FAA DOCKET 

FAA CASE NO. 2007WP010061 

NOTICE OF WITHDRAWAL 

COMES NOW Respondent, Trishan Air, Inc., and hereby withdraws its Notice of 

Request for Hearing set for August 9, 2011. 

DATED: August 1,2011 

CjMilS S. FRANECKE 

Attorney and Counsel for Trishan Air, Inc. 

Franecke Law Group 

1115 Irwin Street, Suite 100 

San Rafael, CA 94901 

(415)457-7040 
CERTIFICATE OF SERVICE 

1 hereby certify that on this date I have mailed, via UPS 2 Day Mail, the executed original 

and faxed one copy of the Notice of Withdrawal, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Suite SWIOOO 

Facsimile: (202)493-5142 

1 hereby certify that on this date I have faxed and mailed, via UPS 2 Day Mail, a true 

copy of the Notice of Withdrawal, addressed as follows: . 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

(202) 366-7536 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, 

certified mail, and emailed a true copy of the Notice of Withdrawal, addressed as follows: 

Don Bobertz 

Attorney 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009 

don.bobertz@faa.gov 

Karen Corral, Legal Assistant 

Franecke Law Group 

1115 Irwin Street, Suite 100 

San Rafael, CA 94901 (415) 457-7040
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NOS. 02-12-00618-CR

 02-12-00619-CR 

 02-12-00620-CR 

 02-12-00621-CR

CHARLES CLEVELAND NOWDEN APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY

----------

MEMORANDUM OPINION1

----------

Appellant Charles Cleveland Nowden attempts to appeal from his pro se

―Motion to Remove False Information and a New Sentenc[]ing Trial‖ filed in each 

of his four cases. In each case, the trial court has not issued a ruling or an order 

regarding this pro se motion. See Tex. R. App. P. 26.2(a) (providing that a

 

1See Tex. R. App. P. 47.4.
2

criminal defendant may appeal when ―the trial court enters an appealable order‖). 

Also, there are no final judgments in trial court cause numbers 1080543D (our 

cause number 02-12-00618-CR), 1123416D (our cause number 02-12-00619-

CR), and 1223861D (our cause number 02-12-00621-CR). See McKown v. 

State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (holding that 

we generally have jurisdiction to consider an appeal by a criminal defendant only

when there has been a judgment of conviction). The remaining case, trial court 

cause number 1182411D and our cause number 02-12-00620-CR, was 

previously appealed to this court in our cause number 02-11-546-CR and 

transferred to the Seventh Court of Appeals; an opinion in that case issued on 

April 11, 2013, affirming Nowden’s conviction. See Nowden v. State, No. 07-12-

0037-CR, 2013 WL 1501786, at *1 (Tex. App.—Amarillo Apr. 11, 2013, no pet. 

h.); see also State v. Patrick, 86 S.W.3d 592, 594–96 (Tex. Crim. App. 2002) 

(orig. proceeding) (holding that a trial court’s jurisdiction expires when a case 

becomes final or is taken to a higher court).

On January 9, 2013, we notified Nowden that these appeals could be 

dismissed for the above reasons unless he or any party desiring to continue the 

appeals filed a response on or before January 22, 2013, showing grounds for 

continuing the appeals. See Tex. R. App. P. 44.3. No response was filed. 

Accordingly, we dismiss these appeals. See Tex. R. App. P. 43.2(f).

PER CURIAM
3

PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: May 2, 2013
<PAGE>   1
                                                                   EXHIBIT 23.01


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Form S-8 No.'s 333-30083, 333-5769, 33-85914, 33-81894, 333-4806 and 33-52250)
pertaining to the 1991 Employee Stock Purchase Plan, the 1995 Stock Option Plan,
the 1994 Annual and Long-Term Incentive Based Compensation Program, the 1985
Employee Stock Option Plan and the 1991 Employee Stock Purchase Plan, the 1992
Restricted Stock Award Plan, and the 1987 Directors Stock Option Plan of
Genelabs Technologies, Inc. of our report dated February 10, 2000, with respect
to the consolidated financial statements of Genelabs Technologies, Inc. included
in this Annual Report on Form 10-K/A for the year ended December 31, 1999.

                                         /s/ ERNST & YOUNG LLP
                                         ---------------------
                                         Ernst & Young LLP

Palo Alto, California
June 21, 2000
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                        <C>                     <C>
<PERIOD-TYPE>                                   12-MOS                  12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1995
<PERIOD-START>                             JAN-01-1996             JAN-01-1995
<PERIOD-END>                               DEC-31-1996             DEC-31-1995
<CASH>                                         266,452                 502,435
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  219,175                 494,167
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                       0
<PP&E>                                               0                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 657,221               1,933,539
<CURRENT-LIABILITIES>                          189,083                 166,897
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                     468,138               1,766,642
<TOTAL-LIABILITY-AND-EQUITY>                   657,221               1,933,539
<SALES>                                              0                       0
<TOTAL-REVENUES>                               211,669                 699,023
<CGS>                                                0                       0
<TOTAL-COSTS>                                  884,890                 647,668
<OTHER-EXPENSES>                                 1,447                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             (19,752)                (29,403)
<INCOME-PRETAX>                               (654,916)                 80,758
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (654,916)                 80,758
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (654,916)                 80,758
<EPS-PRIMARY>                                   (50.88)                   6.27
<EPS-DILUTED>                                   (50.88)                   6.27
        

</TABLE>
# Memorandum

To: File From: Lee Warden Date: 3/20/2008 Re: Georgia Pacific Muskogee Mill BARTpermit application

In the primary review ofthe BARTpermit application by Phillip Fielder, it became apparent that the applicant neglectedto include two potential BARTcombustion sourcesEU-PM11 and EU-PM12. Based onthe maximum 24-hour emission rate 4.99 Iblhr from the three model years (2001, 2002, and 2003) the increases. in visibility impairment will not exceed the 0.5 dvthreshold. Maximum impacts rather than 98th percentile impacts were evaluated against the threshold. The maximum modeled impact (as submitted) occurred at the Caney Creek Class I area 0.494 dv. Adjusted for the increase in NOx emissions the maximum impactwas 0.498. The 98th percentile impact for the 3 year period is well belowthe 0.5 dv threshold.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

July 16, 2010 

d0714 

Order 

 

July 16, 2010 

138908 (97) 

NICOLE SHAY, Personal Representative of 

the ESTATE OF THOMAS JOHN SHAY, 

Deceased, 

Plaintiff-Appellant, 

v SC: 138908 

 COA: 282550 

Wayne CC: 06-608275-NZ 

JOHN ALDRICH, WILLIAM PLEMONS, and 

J. MILLER, 

Defendants-Appellees, 

and 

OFFICER ALLBRIGHT and OFFICER 

LOCKLEAR, 

 Defendants. 

_________________________________________/ 

 On order of the Court, the motion for substitution of parties is considered, and it is 

GRANTED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2373

  To amend the Internal Revenue Code of 1986 to extend the credit for 
                      production of refined coal.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2018

  Mr. Hoeven (for himself and Ms. Heitkamp) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to extend the credit for 
                      production of refined coal.

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

SECTION 1. EXTENSION OF REFINED COAL PRODUCTION TAX CREDIT.

    (a) Extension of Period During Which Refined Coal Can Be 
Produced.--Section 45(e)(8) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subparagraph:
                    ``(E) Extension of credit period for certain 
                refined coal facilities.--In the case of a refined coal 
                production facility which does not produce steel 
                industry fuel and which is placed in service before 
                January 1, 2012, clauses (i) and (ii)(II) of 
                subparagraph (A) shall each be applied by substituting 
                `20-year period' for `10-year period'.''.
    (b) Extension of Period During Which Refined Coal Facilities Can Be 
Qualified.--Subparagraph (B) of section 45(d)(8) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``placed in service after'' and inserting 
        ``placed in service--
                            ``(i) after'';
            (2) by striking the period at the end and inserting ``, 
        or''; and
            (3) by adding at the end the following new clause:
                            ``(ii) after December 31, 2017, and before 
                        January 1, 2021.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to coal produced and sold after the date of the enactment of this 
Act, in taxable years ending after date.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             829
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   829
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     829
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                       (171)
<TOTAL-LIABILITY-AND-EQUITY>                       829
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                    60
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (60)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (60)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (60)
<EPS-PRIMARY>                                    (.06)
<EPS-DILUTED>                                    (.06)
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001012141
<NAME> ON-SITE SOURCING INC

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          22,932
<SECURITIES>                                         0
<RECEIVABLES>                                9,624,733
<ALLOWANCES>                                         0
<INVENTORY>                                    481,946
<CURRENT-ASSETS>                            10,384,073
<PP&E>                                       4,555,218
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              15,260,525
<CURRENT-LIABILITIES>                        6,342,678
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       49,0007
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                15,260,525
<SALES>                                      9,772,365
<TOTAL-REVENUES>                             9,772,365
<CGS>                                          599,605
<TOTAL-COSTS>                                7,990,136
<OTHER-EXPENSES>                               145,309
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,636,920
<INCOME-TAX>                                   652,000
<INCOME-CONTINUING>                            984,920
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   984,920
<EPS-BASIC>                                        .20
<EPS-DILUTED>                                      .19


</TABLE>
SERVED: MARCH 17, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF PHILIP PUTTER DOCKETNO. FAA-2015-0210 (Civil Penalty Action)
NOTICE OF ASSIGNMENT OF PROCEEDING This proceeding (heretofore designated as Case No. 2013EA110075) has been assigned to Administrative Law Judge J.E. Sullivan. All future pleadings and other communications regarding this proceeding shall be served on the Judge, the FAAHearing Docket, and the other persons onthe attached Service List.

Attachment

- Service ListSERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001
Philip Putter, Respondent 75 Westlake Dr. Thornwood, NY 10594 TEL: 917-903-7575 ONE COPY

Lawrence R. DiGiansante, Respondent Counsel 984 Morris ParkAvenue Bronx, NY 10462 TEL: 718-822-0707 Judith 

### L. Vaughan, Complainant's Counsel Federal AviationAdministration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3255 FAX: 718-995-5699 Hon. J.E. Sullivan,Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-0210 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

### -2-
Exhibit 11
                            THERMEDICS DETECTION INC.

                    Computation of Earnings (Loss) per Share


                                                    Three Months Ended
                                              ----------------------------
                                              September 27,  September 28,
                                                       1997           1996
   -----------------------------------------------------------------------

   Computation of Primary Earnings per Share:

   Net Income (a)                               $ 1,686,000    $   705,000
                                                -----------    -----------
   Shares:
     Weighted average shares outstanding         13,355,151     10,300,000

     Add: Shares issuable from assumed exercise
          of options (as determined by the
          application of the treasury stock
          method)                                         -         42,026
                                                -----------    -----------
     Weighted average shares outstanding, as
       adjusted (b)                              13,355,151     10,342,026
                                                -----------    -----------
   Primary Earnings per Share (a) / (b)         $       .13    $       .07
                                                ===========    ===========
PAGE
<PAGE>
                                                                 Exhibit 11
                            THERMEDICS DETECTION INC.

              Computation of Earnings (Loss) per Share (continued)


                                                    Nine Months Ended
                                              ----------------------------
                                              September 27,  September 28,
                                                       1997           1996
   -----------------------------------------------------------------------

   Computation of Primary Earnings (Loss)
     per Share:

   Net Income (Loss) (a)                        $ 4,125,000    $(1,063,000)
                                                -----------    -----------
   Shares:
     Weighted average shares outstanding         12,561,957     10,210,989

     Add: Shares issuable from assumed exercise
          of options (as determined by the
          application of the treasury stock
          method)                                         -         49,980
                                                -----------    -----------
     Weighted average shares outstanding, as
       adjusted (b)                              12,561,957     10,260,969
                                                -----------    -----------
   Primary Earnings (Loss) per Share (a) / (b)  $       .33    $      (.10)
                                                ===========    ===========
Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA- 2011-1170

Directorate Identifier: 2010NM264AD

A300-28-6103 --- 5/20/09

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008