alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismiss and Opinion Filed July 28, 2015.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 14

- 01319

- CV

DANA AND CHRISTOPHER SHEARIN AN D /OR ALL OCCUPANTS OF 3920 PILOT DRIVE, PLANO, TEXAS 75025 , Appellants V. WELLS FARGO BANK, N. A. , AS TRUSTEE FOR THE MLMI

TRUST, SERIES 2005

- FFH1, Appellee

On Appeal from the County Court at Law No. 4

Collin County, Texas Trial Court Cause No. 004

- 01581

- 2014



### MEMORANDUM OPINION
Before Just ices Fillmore, Myers, and Evans Opinion by Justice Evans Appellants ’ brief was due May 9, 2015. By letter dated May 12, 2015, the Court notified

appellants that their brief was overdue. We directed appellants to file, within ten days, their brief

and an extension motion. We warned that failure to do so would result in dismissal of the

appeal. To date, appellants have neither filed their brief nor communicated with the Court

regarding their appeal. Accordingly, we dismiss the appeal. See T EX

. R. A PP

. P

. 38.8(a)(1),

42.3(c).

141319F.P05 /David W. Evans/ DAVID EVANS JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

DANA AND CHRISTOPHER SHEARIN AND/OR ALL OCCUPANTS OF 3920 PILOT DRIVE, PLANO, TEXAS 75025, Appellants

No. 05

- 14

- 01319

- CV V.

WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE MLMI TRUST, SERIES 2005

- FFH1 Appellee On Appeal from the County Court at Law No. 4, Collin County, Texas Trial Court Cause No. 004

- 01581

- 2014. Opinion delivered by Justice Evans, Just ices Fillmore and Myers participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Wells Fargo Bank, N.A, as Trustee for the MLMI Trust Series 2005

- FFH1 recover its costs of this appeal from appel lants Dana And Christopher Shearin and/or All Occupants of 3920 Pilot Drive, Plano, Texas 75025.

Judgment entered this 28th day of July, 2015.
Table of Contents

Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Smith Barney Mid-West Futures Fund L.P. II (the"Partnership") on Form 10-Q for the periodending March 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daniel R. McAuliffe, Jr., Chief Financial Officer and Director ofCitigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

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

(2) The information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Partnership.

/s/ Daniel R. McAuliffe,Jr.

|  |
|--|
|  |  |
|  |

Daniel R. McAuliffe,Jr.Citigroup Managed Futures LLC Chief Financial Officer andDirector     Date: May 12,2006

----
FOURTH AMENDMENT TO
                              EMPLOYMENT AGREEMENT

     THIS FOURTH AMENDMENT to Employment Agreement is made as of this 20th 
day of November 1995, between Optical Coating Laboratory, Inc., having 
its principal place of business at 2789 Northpoint Parkway, Santa Rosa, 
California ("Employer"), and EMPLOYEE NAME ("Employee").

                                    RECITALS
                                        
     WHEREAS, Employer and Employee executed an Employment Agreement as of
November 20, 1987 (the "Agreement"); and

     WHEREAS, Employer and Employee desire to amend the Agreement as set 
forth herein;

     NOW, THEREFORE, the Employment Agreement is amended in its entirety as
follows:

First sentence of Paragraph 2 of the Agreement:

     "Employer hereby agrees to employ Employee, and Employee hereby agrees
     to be employed by Employer, commencing on November 20, 1995 and ending
     on November 20, 1997, subject to the terms and provisions herein;
     provided, however, that if a Change in Control occurs within such
     period, Employee's employment hereunder shall be extended for two (2)
     years from the date of occurrence of the Change in Control."
     
Insertion of new Section 6:

     "6.  Acceleration of Unvested Stock Options.  Upon a Change in Control
     as defined herein, all unvested outstanding stock options held by
     Employee shall be immediately exercisable."
     
     IN WITNESS WHEREOF, parties hereto have executed this Amendment as of 
the date first above written.

                         OPTICAL COATING LABORATORY, INC.



                         By_________________________________________

                         EMPLOYEE

                         ___________________________________________

                         Address:

                         ___________________________________________


                         ___________________________________________
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 ICT Group, Inc. (the Company) on Form 10-Q for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
John J. Brennan, Chairman, President and Chief Executive Officer of the Company, hereby certify, to the best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.



|                 |  |  | 
|---------------- |  |  | 
|October 31, 2003 |  |  | 
|                 |  |  | 
|                 |  |  |
#### West End Trust Company, Executor, Appellant, *v.*The Fidelity Mutual Life Insurance Company.

*Insurance*— Life *insurance*— Policies—Rescission—Abandonment *—Recovery of assessment.*

In an action against an insurance company to recover dues and premiums paid upon a policy of life insurance, where the undisputed evidence in the case showed that the decedent had not acted in good faith and with reasonable promptness in rescinding the policy, the court properly directed a verdict for the defendant, where it appeared that the company, acting on the assumption that the decedent had abandoned his membership, distributed his interest in the contingent fund of the company among the other members thereof.

Argued March 28, 1916.

Appeal, No. 177, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2218, on verdict for defendant, in case of West End Trust Company, executor of Henry A. Borell, deceased, v. The Fidelity Mutual Life Insurance Company.

Before Brown, C. J., Mestrezat, Stewart, Frazer and Walling, JJ.

Affirmed.

Assumpsit to recover dues and assessments paid by the holder of an insurance policy to the company. Before Carr, J.

It was claimed that the insured had rescinded his contract of insurance. In directing a verdict in favor of the defendant, the trial judge held that under the undisputed evidence in the case, the decedent had not acted in gbod faith and with reasonable promptness in rescinding.

Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed.

*Errors assigned*were various rulings on evidence and instructions to the jury.

*620
      *Rudolph M. Schick,*for appellant.

*Ira, Jewell Williams,*with him *Marshall S. Wi/npenny*and *George H. Wilson,*for appellee.

May 15, 1916 :

Per Curiam,

This judgment is affirmed because, as the learned court below correctly held in its opinion discharging the rule for a new trial, “It was the decedent’s duty if he desired to rescind to act in good faith and with reasonable promptness and February 8, 1910, was too late. Meantime, two other assessments had been levied and paid and at the end of the year on the assumption that Borell had abandoned his membership, his interest in the contingent fund which he had lost by discontinuing was distributed among the other members.”

Judgment affirmed.
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1837 V

UNPUBLISHED

MARK MUELLER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 26, 2019

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine

Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On November 30, 2018

, Mark Mueller filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the

“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza vaccinati on administered on

December 3, 2017 . Petit ion at 1 . The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On November 26, 2019

, R espondent filed his Rule 4(c) report in which he

concedes that P etitioner is entitled to compensa tion in this case. Respondent’s Rule

4(c) Report at 1. Specifically, R espondent “ has concluded that petitioner ’ s alleged

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am

required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Managemen t and Promotion of

Electronic Government Services). This means the ruling will be available to anyone with access to

the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to

redact medical or other information, the disclosure of which would constitute an unwarranted invasion of

privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such

material from public access.

2 National Childhood Vaccine Injury Act of 19 86, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

injury i s consistent with SIRVA as defined on the Vaccine Injury Table. ” Id. at 5

. Respondent further agrees that “ petitioner suffered the residual effects of his condition

for more than six months ” and that “ petitioner has satisfied all legal pre requisites for

compensation under the [Vaccine] Act

. ” Id.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Quarterly Report of ICT Group, Inc. (the Company) on Form 10-Q for the period ended June 30, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Vincent A. Paccapaniccia, Executive Vice President, Corporate Finance and Chief Financial Officer of the Company, hereby certify, to the best of my knowledge, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.



|               |  |  |  |                                                                        
|-------------- |  |  |  | -----------------------------------------------------------------------
|August 6, 2007 |  |  |  | /s/ Vincent A. Paccapaniccia                                           
|               |  |  |  | Vincent A. Paccapaniccia                                               
|               |  |  |  | Executive Vice President, Corporate Finance and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                          15,217
<SECURITIES>                                         0
<RECEIVABLES>                                   34,923
<ALLOWANCES>                                     1,884
<INVENTORY>                                     22,829
<CURRENT-ASSETS>                                82,033
<PP&E>                                         182,411
<DEPRECIATION>                                  89,194
<TOTAL-ASSETS>                                 183,493
<CURRENT-LIABILITIES>                           39,415
<BONDS>                                              0
<PREFERRED-MANDATORY>                           55,829
<PREFERRED>                                          0
<COMMON>                                         5,559
<OTHER-SE>                                      25,575
<TOTAL-LIABILITY-AND-EQUITY>                   183,493
<SALES>                                        217,829
<TOTAL-REVENUES>                               217,829
<CGS>                                          143,207
<TOTAL-COSTS>                                  143,207
<OTHER-EXPENSES>                                58,675
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,030
<INCOME-PRETAX>                                 12,378
<INCOME-TAX>                                     4,622
<INCOME-CONTINUING>                              7,125
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,125
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .60
        

</TABLE>
133 Tex. 623

#### LONG et al. v. LONG.

Application No. 24441.

Supreme Court of Texas.

Oct. 4, 1939.

Fred'H. Minor, of Denton, and W. F. Bane, Charles E. Long, Jr., and Storey, Sanders, Sherill & Armstrong, all of Dallas, 'for plaintiffs in error Frank O. Long and others.

Thompson, Knight, Baker, Harris & Wright, of Dallas, for defendant in error Frances Mae Long.

PER CURIAM.

This is the second appeal of this case to this court. The opinion in the former appeal is reported at 133 Tex. 96, 125 S.W.2d 1034. In the former appeal we remanded this cause to the Court of Civil Appeals to pass on the assignments of the appellant raising the issue of the insufficiency of the evidence to support the findings of the jury on certain issues fully set out in our original opinion. After the judgment of this court became final, the record was returned to the Court of Civil Appeals, and that court, after considering the assignments raising the question of insufficiency above indicated, overruled the same. We have no jurisdiction to disturb such ruling. It is therefore ordered that this application be “Dismissed W. O. J.”
Exhibit 32

          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 Annual Report of GCI, Inc. (the "Company") on Form
10-K for the period ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Ronald A. Duncan,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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 the Company.


Date:  March 5, 2004                   /s/
                                       Ronald A. Duncan
                                       Chief Executive Officer
                                       GCI, Inc.


                                       1
<PAGE>
          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 Annual Report of GCI, Inc. (the "Company") on Form
10-K for the period ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, John M. Lowber, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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 the Company.



Date:  March 5, 2004                   /s/
                                       John M. Lowber
                                       Chief Financial Officer
                                       GCI, Inc.


                                       2
Exhibit 10.13.1

[AET
FILMS LOGO]

December 11,
2003

Sent via FEDEX

Mr. Thomas
E. Williams
40 Foster Street
Marblehead, MA 01945

Dear
Mr. Williams:

Reference
is hereby made to the letter agreement dated September 30, 2002 (the "Letter Agreement") between you and Applied Extrusion Technologies, Inc., a Delaware
corporation (the "Company"), with respect to your separation from the Company. Terms defined in the Letter Agreement, and not otherwise defined herein, are used herein with the meanings so defined.

You
currently hold the following stock options issued by the Company and exercisable by you until the Benefits Termination Date ("Options"):

No.

Grant Date

Shares

Exercise Price1

03/23/95

150,000

$
8.252

02/02/98

50,000

$
7.003

03/15/99

75,000

$
5.564

03/01/00

50,000

$
8.005

01/08/01

75,000

$
2.136

06/01/01

75,000

$
5.88


Options
numbered 1, 2, 4 and 6 in the above table are referred to herein as the "Relinquished Options", and Options numbered 3 and 5 in the above table are referred to herein as the
"Extended Options".

You
hereby tender the Relinquished Options and all documents in your possession evidencing the Relinquished Options to the Company for cancellation and, in consideration therefor, the
Company hereby extends the expiration date of each of the Extended Options to the end of such Extended Option's latest expiration date as provided in such Extended Option as originally granted.

This
Agreement constitutes the entire agreement between you and the Company and supersedes all prior and contemporaneous communications, agreements and understandings, whether written or
oral, with respect to the Options, excluding only the Letter Agreement as amended and supplemented
hereby, the Employment Agreement, the Options and your obligations with respect to the securities of the Company, all of which shall remain in full force and effect in accordance with their terms.

This
Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which together shall constitute one and the same document. This
Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto.

---

If
the terms of this Agreement are acceptable to you, please sign, date and return it to me as soon as possible. The enclosed copy of this letter, which you should also sign and date, is
for your records.

| |  | Sincerely,                          
| |  | ------------------------------------
| |  | APPLIED EXTRUSION TECHNOLOGIES, INC.
| |  | By:                                 

Accepted
and agreed:

|Signature: |  | /s/THOMAS E WILLIAMS |  | 
|---------- |  | -------------------- |  | 
|Date:      |  | 12/10/03             |  | 

2

---
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Moore Medical Corp. (the Company) on Form 10-K for the period ended December 27, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
John M. Zinzarella, Vice President of Finance, Treasurer and Chief Financial Officer of the Company, certify, pursuant to Section 18 U.S.C. 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) and 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 Company.



|                                        
|----------------------------------------
|/s/ John M. Zinzarella                  
|John M. Zinzarella, CPA                 
|Vice President of Finance, Treasurer and
|Chief Financial Officer                 
|March 25, 2004
Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Smith Barney Mid-West Futures Fund L.P. II (the"Partnership") on Form 10-Q for the periodending June 30, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, David J. Vogel, President and Director of Citigroup Managed FuturesLLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Partnership.

/s/ David J.Vogel

|  |
|--|
|  |  |
|  |

David J.VogelCitigroup Managed Futures LLC President andDirector     Date: August 15,2005

----