alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### TEXAS EMPLOYERS’ INS. ASS’N v. ADCOCK.

No. 1865—6385.

Commission of Appeals of Texas, Section A.

June 5, 1935.

Lawther, Cox & Cramer and Wm. M. Cramer, all of Dallas, for plaintiff in error.

White & Yarborough, of Dallas, for defendant in error.

GERMAN, Commissioner.

This is a compensation case. Judgment was based upon a claim of total permanent disability. Two opinions have been written by the Courts of Civil Appeals. 27 S.W. (2d) 363, and 52 S.W. (2d) 781.

The application for writ of error was granted upon the theory that compensation had been allowed for hernia, and the finding of the jury to a certain special issue was to the effect that hernia had existed prior to the accident in question. Upon examination of the record, however, we find that the jury upon appropriate special issues found that defendant in error sustained accidental personal injuries, other than hernia; that such injuries were sustained in the course of his employment; that they resulted in total incapacity; and that such total incapacity from injuries other than hernia was permanent. There is no complaint as to any of these findings. The judgment of the trial court recites that defendant in error sustained accidental personal injuries, exclusive of injuries resulting in hernia, which resulted in total permanent incapacity, and judgment was entered upon such findings alone, and not for hernia. This, in our opinion, makes wholly irrelevant and immaterial the assignments upon which the application for writ of error was granted.

Plaintiff in error’s other main contention is that the trial court erred in sustaining a demurrer to its plea of accord and satisfaction. The award of the Industrial Accident Board was entered September 18, 1928, and on September 24, 1928, defendant in error gave due notice that he would not abide by the award but would appeal. Suit was filed in the district court on September 25, 1928. Plaintiff in error claims that on September 25, 1928, the day the suit was filed, it tendered vouchers for certain amounts to the attorneys for defendant in error in payment of the award of the Industrial Accident Board. The giving of notice of appeal and the filing of the suit within seven days after the award was made evidences an intention not to accept the award and the vouchers tendered in payment of same, and the plea of accord and satisfaction was without merit. The opinion of the Court of *311Civil Appeals in 27 S.W.(2d) 363, correctly disposed of this contention.

The other matters assigned in the application for writ of error have been carefully considered, and we find that they were correctly decided by the Court of Civil Appeals. But for the fact that this court was under the impression that an award had been made for hernia, the writ of error in this case would not have been granted.

The judgments of the trial court and of the Court of Civil Appeals are affirmed.

Opinion adopted by the Supreme Court.
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

In connection with the quarterly report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q
for the quarter ended November 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kelcy L. Warren, Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: January 9, 2008



/s/ Kelcy L. WarrenKelcy L. WarrenChief Executive Officer


---

|* | A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to and will be retained by Energy Transfer Partners, L.P.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------
```
**EXHIBIT 12**
```

```
                        JONES APPAREL GROUP, INC.
            COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                            (In millions)

                                          Year Ended December 31,
                                   ------------------------------------
                                       2005          2004          2003
                                   --------      --------      --------

Income before income taxes........   $425.3        $482.9        $527.0
                                   --------      --------      --------
Fixed charges
  Interest expense and
    amortization of
    financing costs...............     76.2          51.2          58.8
  Portion of rent expense
    representing interest.........     50.1          40.8          35.8
                                   --------      --------      --------
Total fixed charges...............    126.3          92.0          94.6
                                   --------      --------      --------
Income before income taxes and
  fixed charges...................   $551.6        $574.9        $621.6
                                   ========      ========      ========
Ratio of earnings to
  fixed charges...................      4.4           6.2           6.6
                                   ========      ========      ========
```
FIFRA SAP Meeting, February 15-18, 2011: Chlorpyrifos Physiologically-Based 

Pharmacokinetic/Pharmacodynamic (PBPK/PD) Modeling linked to the Cumulative and Aggregate Risk 

Evaluation System (CARES)

January 21, 2011

E-Docket Availability of Attachments A-H

The central background document for the February 15-18, 2011 FIFRA SAP meeting is entitled, 

“Source-to-Outcome Modeling Physiologically-Based Pharmacokinetic/Pharmacodynamic 

(PBPK/PD) Model linked to a Dietary Exposure Model: Chlorpyrifos as a Case Study.” This 

document refers to eight supporting attachments “A” to “H.” These were provided to the SAP 

members on a CD-ROM. A listing of the contents for each attachment appears below, along with any 

explanatory notes.

1. Attachment A: In vitro human metabolism summary (1 page). Note: Full copy of draft 

manuscript for submission has been made available to panel members in paper copy format 

(the publisher granted limited distribution of copyright-protected materials). 

2. Attachment B: Philpott, P. (2009) "June 24-25, 2009 EPA Human Studies Review Board 

Meeting Report." Memo and final report (40 pages). 

3. Attachment C: The LifeStage and Variation models: acslX programs and associated m files. 

4. Attachment D: Cleveland, C.B. (2010) "2010 Update of the Acute Dietary Risk Assessment 

for Chlorpyrifos." Dow AgroSciences Unpublished Report 101760 (140 pages). 

5. Attachment E: Copies of inputs files used in dietary models (CARES, DEEM, LIFELINE).

6. Attachment F: Copies of input files for PBPK/PD model runs.

7. Attachment G: Marty, M.S. and Andrus, A.K. (2010) "Comparison of Cholinesterase (ChE) 

Inhibition in Young Adult and Preweanling CD Rats after Acute and Repeated Chlorpyrifos 

or Chlorpyrifos-oxon Exposures." Dow AgroSciences Unpublished Report 091107. Public 

release summary (7 pages).

8. Attachment H: Reiss, R.; Neal, B.; Lamb, J. (2010) "Benchmark Dose Modeling for 

Cholinesterase Inhibition from Exposure to Chlorpyrifos and Chlorpyrifos-Oxon." Dow 

AgroSciences Unpublished Report 0900956.000 B0T0 06010. Public release summary (4 

pages). 

Note to the public: Special software programs are required to use the modeling and modeling input 

files contained within the Attachments C, E and F folders. As such, these attachments will not be 

available electronically via the Federal eRulemaking Portal: http://www.regulations.gov. These 

attachments will be on a CD-ROM available from the Regulatory Public Docket (7502P), 

Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal 

Dr., Arlington, VA. The full articles cited in Attachments A, D, G and H, restricted by copyrightprotection, will also be available in paper copy format from the OPP Regulatory Public Docket.
**EXHIBIT32**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Apex Silver Mines Limited (the “Company”)on Form 10-Q for the quarter ended September 30, 2007 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), theundersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuantto § 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and result of operations of the Company.

 

 
| \s\ Jeffrey G.  Clevenger                          |   |
|----------------------------------------------------|--------|
| Jeffrey G.  Clevenger                              |
| President and  Chief Executive Officer             |
| November 9, 2007                                   |
|                                               |
|                                               |
| \s\ Gerald J.  Malys                               |   |
| Gerald J. Malys                                    |
| Senior Vice  President and Chief Financial Officer |
| November 9, 2007                                   |

 

----
<PAGE>

                                                                     EXHIBIT 11

                                   FINE HOST CORPORATION
                               COMPUTATION OF PER SHARE LOSS
                        (AMOUNTS IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>

                                                 THREE MONTHS ENDED            NINE MONTHS ENDED
                                                 ------------------            -----------------
                                             SEPTEMBER 24,  SEPTEMBER 25,  SEPTEMBER 24,  SEPTEMBER 25,
                                                 1997           1996           1997           1996
                                             -------------  -------------  -------------  -------------
                                                      (as restated)              (as restated)

<S>                                              <C>            <C>          <C>            <C>

Loss applicable to Common Stock                  $(2,658)       $(354)       $(8,714)       $(2,589)

Stock warrant accretion                                -            -              -         (1,300)

Net loss attributable to Common
     Stockholders                                $(2,658)       $(354)       $(8,714)       $(3,889)
                                                 --------       ------       --------       --------
                                                 --------       ------       --------       --------
Weighted average number of common shares
     Outstanding                                   8,958        6,165          8,549          3,523

Average convertible Preferred shares 
     outstanding                                       -            -              -              -

Assumed conversion of:

     Warrants                                          -            -              -              -

     Options                                           -            -              -              -

     Subordinated Notes                                -            -              -              -
                                                 --------       ------       --------       --------
Average number of shares of Common Stock
     outstanding                                   8,958        6,165          8,549          3,523
                                                 --------       ------       --------       --------
                                                 --------       ------       --------       --------
Net loss per share                                $ (.30)      $ (.06)       $ (1.02)       $ (1.10)
                                                 --------       ------       --------       --------
                                                 --------       ------       --------       --------

</TABLE>
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

______

No. 10-3539

______

DR. KAREN MALLEUS,

 Appellant

v.

DR. JOHN J. GEORGE, in his individual capacity;

DR. JILL M. HACKMAN, in her individual capacity;

DR. JEFFREY A. CONRAD, in his individual capacity;

INTELLIGENCER JOURNAL/LANCASTER, New Era Editor DOE;

SUNDAY NEWS EDITOR DOE;

LANCASTER NEWSPAPERS, INC.; CINDY STAUFFER

______

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. No. 5-10-cv-01357)

District Judge: Honorable Juan R. Sánchez

______

Argued April 15, 2011

Before: FISHER, JORDAN and COWEN, Circuit Judges. 

______

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed May 26, 

2011, be amended as follows:

Page 3, first paragraph, which read:

Appellant Dr. Karen Malleus appeals the final order of the 

United States District Court for the Eastern District of Pennsylvania 

granting John J. George, Jill M. Hackman, and Jeffrey A. Conrad’s 

motion to dismiss Malleus’s 42 U.S.C. § 1983 claim that they 

violated her Fourteenth Amendment privacy rights. For the reasons 

discussed below, we will affirm.
shall read:

Appellant Dr. Karen Malleus appeals the final order of the 

United States District Court for the Eastern District of Pennsylvania 

granting Dr. John J. George, Dr. Jill M. Hackman, and Dr. Jeffrey A. 

Conrad’s motion to dismiss Malleus’s 42 U.S.C. § 1983 claim that 

they violated her Fourteenth Amendment privacy rights. For the 

reasons discussed below, we will affirm.

Page 3, Section I, first paragraph, which read:

Malleus was a school board member for the Warwick School 

District. George and Hackman were also members of the school 

board. Conrad was the head of the Warwick Republican Party, and 

later a candidate for the school board.

shall read:

Malleus was a school board member for the Warwick School 

District. George was the superintendent of the Warwick School 

District. Hackman was the director of pupil services and later the 

acting assistant superintendent of the Warwick School District. 

Conrad was the head of the Warwick Republican Party, and later a 

candidate for the school board.

By the Court,

/s/ D. Michael Fisher

Circuit Judge

Dated: June 6, 2011
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DURAND DAMION LAWSON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 332 WAL 2021

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 12th day of April, 2022, the Petition for Allowance of Appeal is 

DENIED.
Opinion issued August 24, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00259-CV

———————————

TERRY LAMAR BRITTON, Appellant

V.

RSS RECOVERY SOLUTIONS SERVICES, Appellee

On Appeal from County Court at Law No. 2

Harris County, Texas

Trial Court Case No. 1187123

MEMORANDUM OPINION

Appellant Terry Lamar Britton filed his notice of appeal on April 5, 2023. 

Appellant did not pay the appellate filing fee or establish indigence for purposes of 

appellate costs. See TEX. R. APP. P. 5, 20.1. The Clerk of this Court notified 

Appellant that unless he paid the appellate filing fee by May 26, 2023, his appeal 
2

could be dismissed. See TEX. R. APP. P. 42.3(b). To date, Appellant has not paid 

the appellate filing fee. 

The clerk’s record also has not been filed. Appellant has neither established 

indigence for purposes of court costs nor paid, or made arrangements to pay, the fee 

for preparing the clerk’s record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. We 

notified Appellant that his appeal could be dismissed for want of prosecution if the 

clerk’s record was not filed. See TEX.R. APP. P. 37.3 (a), (b). We directed Appellant 

to submit written evidence from the trial court clerk by June 26, 2023, reflecting he 

paid, or made arrangements to pay, the fee for preparing the clerk’s record. To date, 

Appellant has not responded to this Court’ notice and the clerk’s record has not been 

filed. 

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 

42.3(b)-(c). We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 05975**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  x 

### 05975\05975_Checklist.XLS EPA Technical Review Checklist Workbook



### 05975\05975_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 05975\05975_HardcopyLog.doc EPA log of hardcopy documents submitted x 

### 05975\05975_Part A.xls Plant submitted survey file x 

### 05975\05975_Part B.xls Plant submitted survey file x 

### 05975\05975_Part C.xls Plant submitted survey file x 

### 05975\05975_Part D.xls Plant submitted survey file x 

### 05975\05975_Part E.xls Plant submitted survey file x 

### 05975\05975_Part H.xls Plant submitted survey file



### 05975\Certification Statement Plant ID 05975.PDF Plant certification statement 

### 05975\Supplemental Documents\05975_2010_9_15 VI EPA Effluent ICR Coverletter.PDF Plant submitted supplemental files to the survey 

### 05975\Supplemental Documents\05975_Vienna_Aerial_Photo.pdf Plant submitted supplemental files to the survey x 

### 05975\Supplemental Documents\05975_Vienna_Part_A-MAP-1_with_DSNs.pdf Plant submitted supplemental files to the survey x x 

### 05975\Supplemental Documents\Part_A-WB-1[1].pdf Plant submitted supplemental files to the survey

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

. 2Copyright documents are available from the docket.
*OPINION ISSUED DECEMBER 12, 2008*

#### LAWRENCE R. MOORE AND ROSEMARY KINDER MOORE VS. *188DIVISION OF HIGHWAYS

(CC-08-0260)

Claimants appeared *pro se.*

Andrew F. Tarr, Attorney at Law, for respondent.

PER CURIAM:

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

1. On May 23,2008, claimant Lawrence R. Moore was driving north on W.Va. Route 2 near Warwood when his vehicle struck a hole that was approximately four feet long, two feet wide, and twelve inches deep. The vehicle’s passenger-side tires sustained damage from the incident.

2. Respondent was responsible for the maintenance of W.Va. Route 2 which it failed to maintain properly on the date of this incident.

3. As a result of this incident, claimants’ vehicle sustained damage in the amount of $265.51.

4. The amount of $265.51 for the damages is fair and reasonable.

The Court has reviewed the facts of the claim and finds that respondent was negligent in its maintenance of W.Va. Route 2 on the date of this incident; that the negligence of respondent was the proximate cause of the damages sustained to claimants ’ vehicle; and that the amount of the damages agreed to by the parties is fair and reasonable. Thus, claimants may make a recovery for their loss.

Accordingly, the Court is of the opinion to and does make an award in the amount of $265.51.

Award of $265.51.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2952

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Christin Isaiah Barnes, also known as Christin Barnes-Sewell, also known as

Christin Sewell-Barnes

lllllllllllllllllllll Defendant - Appellant

____________

Appeal from United States District Court 

for the Eastern District of Missouri - Cape Girardeau

____________

 Submitted: March 18, 2018

Filed: March 22, 2018

[Unpublished]

____________

Before BENTON, MURPHY, and KELLY, Circuit Judges.

____________

PER CURIAM.
Christin Barnes directly appeals after he pleaded guilty to methamphetamine

distribution offenses, and the district court sentenced him below the calculated

1

Guidelines range. His counsel has moved for leave to withdraw, and has filed a brief

under Anders v. California, 386 U.S. 738 (1967), suggesting that the sentence is

substantively unreasonable. After careful review, we conclude that the district court

did not impose a substantively unreasonable sentence. See United States v. SalazarAleman, 741 F.3d 878, 881 (8thCir. 2013) (discussing appellate review ofsentencing

decisions); see also United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir.

2016) (where defendant was sentenced below advisory Guidelines range, it is nearly

inconceivable that district court abused its discretion in not varying downward still

further).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75

(1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the

judgment, and we grant counsel’s motion to withdraw.

______________________________

The Honorable Stephen N. Limbaugh, Jr., United States DistrictJudge for the

1

Eastern District of Missouri.

-2-
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
quarterly report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q for the quarter ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Martin
Salinas, Jr., Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (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
Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 9, 2009



/s/ Martin Salinas, Jr.Martin Salinas, Jr.Chief Financial Officer


*A signed original of this written statement required by 18 U.S.C.
Section 1350 has been provided to and will be retained by Energy Transfer Partners, L.P.
EXHIBIT 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 Company Report
 1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 By:

/s/ STEVEN L. KELLERName:
    Steven L. KellerTitle:  
Date:
    Vice President and Chief Financial Officer
November 9, 2010