alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### R. W. JOHNSON, Appellant, v. The STATE of Texas, Appellee.

No. 19067.

Court of Criminal Appeals of Texas.

June 16, 1937.

Rehearing Denied Oct. 20, 1937.

Jack M. Moore and John H. Bencken-stein, both of Beaumont, for appellant.

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

LATTIMORE, Judge.

Conviction for driving a truck upon a highway with a load in excess of 7,000 pounds in weight; punishment, a fine of $25.

This is a companion case in all of its essential features to that of Morrison v. State (Tex.Cr.App.) 109 S.W.(2d) 205, cause No. 19065, opinion this day handed down. For the reasons stated in the Morrison Case, and applying same to the facts and law in this case, the judgment is affirmed.

On Motion for Rehearing.

MORROW, Presiding Judge.

Appellant moves for rehearing in this case upon the same grounds as are set up by the same counsel in cause No. 19065, Claude Morrison v. State (Tex.Cr.App.) 109 S.W.(2d) 205. The contentions being the same, and the issues the same, the motion for rehearing in this case is overruled for the reasons set forth in our opinion on rehearing in cause No. 19065, this day handed down.
#### ASSOCIATED SEEDS, Inc., v. SCHOLTZ.

No. 3788.

Court of Civil Appeals of Texas. El Paso.

Jan. 5, 1939.

R. D. Cox, Jr., and Strickland, Ewers & Wilkins, all of Mission, for appellant.

Lewis & Russell, of San Antonio, for appellee.

HIGGINS, Justice.

The appellee Scholtz brought this suit against the Texas Associated Seed Company, Inc., and the Associated Growers, Inc. We will refer to these defendants as the Seeds Company , and the Growers Company, respectively. It was alleged that .the-Seeds Company was incorporated, but the State of its incorporation was unknown; that the Growers Company is a corporation with its .principal office in New Haven, Connecticut, but was doing business in the State of Texas. Other allegations of the petition inay.be summarized as'.follows :. -The Growers Company employed' plaintiff to thresh grain at a certain arid specific sum, which services the plaintiff performed, and there is a balance due him of $279.-41; the bills for the threshing were delivered to the defendants; the prayer was that “upon final hearing herein that he be given judgment against both of the defendants herein for the labor performed; that the labor was actually performed for the Associated Seed Growers, Inc., but said bill was guaranteed by the Texas Associated -Seeds, Inc., and was for their benefit jointly with the Associated Seed Growers, Inc. Plaintiff prays for $299.41 and for costs of suit.”

When the case was called for trial the plaintiff dismissed as to the Growers Company. Recitals in the judgment show the Texas Associated Seed Company, Inc., by amendment to its charter, had changed its name to Associated Seeds, Inc. The case was tried without a jury and judgment rendered in favor' of Scholtz against the Seeds Company for the. balance sued for.

There is no merit in the proposition'which asserts the'petition is subject to general demurrer. It is sufficient to show liability on the part of the appellant Associated Seeds, Inc., as a guarantor of payment of the plaintiff’s bill for the services rendered as stated in the petition.

Other propositions of the appellant raise the point there is a fatal variance between the pleadings and the evidence. There is no evidence whatever that the Growers Company employed plaintiff or had any business dealing with him whatever. The evidence wholly fails to show a collateral contract of guaranty as alleged. It is shown that a representative of the Seeds Compariy named J. F. Pangmari, who is no longer connected with the appellant, in behalf of appellant employed the plaintiff to do certain threshing for the Seeds Company at an agreed price, that such service was rendered,.. an<j there is a balance due and unpaid for the service rendered. It is obvious "the evidence establishes a contract altogether different, from that alleged by the plaintiff in. his petition. The variance is substantial, misleading, and fatal, for which reason the propositions .last -mentioned are sustained and the judgment 'reversed arid the cause remanded.
#### STURDIVANT v. STATE.

No. 20911.

Court of Criminal Appeals of Texas.

March 13, 1940.

Ben J. Hagman, of Weatherford, for appellant.

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

CHRISTIAN, Judge.

The offense is rape; the punishment, confinement in the penitentiary for twenty-five years.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

In sentencing appellant the court failed to make application of the Indeterminate Sentence Law, Vernon’s Ann.C.C. P. art. 775. The sentence is reformed in order that it may be shown that appellant is condemned to confinement in the penitentiary for not less than five nor more than twenty-five years.

As reformed, the judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
#### WILKERSON v. STATE.

No. 15470.

Court of Criminal Appeals of Texas.

Oct. 19, 1932.

Joe Ellington, of Center, for appellant.

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

HAWKINS, J.

Conviction is for burglary; punishment being two years in the penitentiary. The record contains neither statement of facts nor bills of exception. The indictment appeárs regular on its face.

Under these circumstances, nothing is presented for review, and the judgment will be affirmed.
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 Annual  Report of  Penn-Pacific  Corp. on Form
10-KSB for the period ending  September  30, 2003, as filed with the  Securities
and Exchange  Commission  on the date hereof (the  "Report"),  I, Rose  Fischer,
President  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, to the
best of my knowledge and belief:

         (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.


/S/ Rose Fischer
Rose Fischer
President, Director
(Principal Executive Officer)


May 10, 2005


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
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
Provision to the Company's obligaton for severance--John W. Braukaman III



 EXHIBIT 10.3 
  
 Provision relating to the Company’s obligation to pay severance to John W. Braukman, III, 
 Senior Vice President and Chief Financial Officer, from offer letter to him, which became 
 effective August 11, 2004, upon its approval by the Compensation Committee 
 of the Board
of Directors 
  
 Severance: Should your employment be involuntarily
terminated by the Company for reasons other than “cause” (as defined in the Company’s Stock Option and Incentive Plan) after the first anniversary of your date of hire, you would be entitled to severance pay equal to one year’s
base salary. No severance would be paid in the event of termination for “cause.”
# Fourth Court of Appeals
San Antonio, Texas

March 29, 2018

No. 04

- 17

- 00839

- CV

Marilyn STEWART

, Appellant

v.

FIESTA CITY REALTORS

,

Appellee

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2017

- CV

- 05536 Honorable David J. Rodriguez, Judge Presiding



### O R D E R

The appellant ’ s motion for extension of time to file amended brief is hereby GRANTED. Time is extended to April 25, 2018.

_________________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of March, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
<PAGE>
 
                                                                      Exhibit 24

 
                               POWER OF ATTORNEY
                               -----------------


Each of the undersigned directors and officers of J. C. PENNEY FUNDING
CORPORATION, a Delaware corporation, which is about to file with the Securities
and Exchange Commission, Washington, D.C., under the provisions of the
Securities Exchange Act of 1934, its Annual Report on Form 10-K for the 52 weeks
ended January 30, 1999, hereby constitutes and appoints W. J. Alcorn and R. B.
Cavanaugh, and each of them, his or her true and lawful attorneys-in-fact and
agents, with full power to act without the other, for him or her and in his or
her name, place, and stead, in any and all capacities, to sign said Annual
Report, which is about to be filed, and any and all subsequent amendments to
said Annual Report, and to file said Annual Report and each subsequent amendment
so signed, with all exhibits thereto, and any and all documents in connection
therewith, and to appear before the Securities and Exchange Commission in
connection with any matter relating to said Annual Report and any subsequent
amendments, hereby granting unto said attorneys-in-fact and agents, and each of
them, full power and authority to do and perform any and all acts and things
requisite and necessary to be done in and about the premises as fully and to all
intents and purposes as he or she might or could do in person, hereby ratifying
and confirming all that said attorneys-in-fact and agents, or any of them, may
lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, the undersigned have executed this Power of Attorney as of
the 23rd day of April, 1999.



/s/ R. B. Cavanaugh                    /s/ W. J. Alcorn
------------------------------        --------------------------------
R. B. Cavanaugh                       W. J. Alcorn
Chairman of the Board                 Controller
(principal executive officer);        (principal accounting officer)
Director


/s/ S. F. Walsh
------------------------------
S. F. Walsh
President
(principal financial officer);
Director


/s/ D. A. McKay
----------------------------
D. A. McKay
Director
<PAGE> 1


                      REPORT OF INDEPENDENT ACCOUNTANTS


To the Management Committee
of Bareco Products (a partnership)


In our opinion, the accompanying balance sheet and the related statements of
operations, changes in partners' equity and of cash flows present fairly, in
all material respects, the financial position of Bareco Products at October
31, 1996, and the results of its operations and its cash flows for the year
in conformity with generally accepted accounting principles.  These financial
statements are the responsibility of the Company's management; our
responsibility is to express an opinion on these financial statements based
on our audit.  We conducted our audit of these statements in accordance with
generally accepted auditing standards which require that we plan and perform
the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement.  An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the
financial statements, assessing the accounting principles used and
significant estimates made by management, and evaluating the overall
financial statement presentation.  We believe that our audit provides a
reasonable basis for the opinion expressed above.


s/ Price Waterhouse LLP


PRICE WATERHOUSE LLP
St. Louis, Missouri
January 30, 1997

                                    70
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2814 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                H. R. 2814

_______________________________________________________________________

                                 AN ACT

 
 To name the Department of Veterans Affairs community-based outpatient 
     clinic in Sevierville, Tennessee, the Dannie A. Carr Veterans 
                           Outpatient Clinic.

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

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The State of Tennessee, the Volunteer State, holds a 
        proud tradition of selfless volunteerism to the United States 
        Armed Forces.
            (2) Specialist Four Dannie A. Carr, of Sevier County, 
        Tennessee, served with distinction in B Company, 2nd Battalion, 
        7th Cavalry Regiment, 1st Cavalry Division during the Vietnam 
        War in defense of the United States.
            (3) Specialist Four Dannie A. Carr, twice wounded in battle 
        and later killed in action by artillery fire on July 3, 1969, 
        has been duly recognized by the Army, having been awarded the 
        Bronze Star for Valor and the Purple Heart.
            (4) The heroism of Dannie A. Carr is well known and held in 
        high regard within the community of Sevier County, Tennessee.
            (5) The municipalities of Pittman Center, Sevierville, 
        Pigeon Forge, Gatlinburg, and Sevier County have agreed to and 
        passed resolutions supporting the renaming of the Department of 
        Veterans Affairs community-based outpatient clinic in Sevier 
        County, Tennessee, in honor of Specialist Four Dannie Arthur 
        Carr.

SEC. 2. NAME OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED 
              OUTPATIENT CLINIC, SEVIERVILLE, TENNESSEE.

     The Department of Veterans Affairs community-based outpatient 
clinic located at 1124 Blanton Drive, Sevierville, Tennessee, shall 
after the date of the enactment of this Act be known and designated as 
the ``Dannie A. Carr Veterans Outpatient Clinic''. Any reference to 
such community-based outpatient clinic in any law, regulation, map, 
document, record, or other paper of the United States shall be 
considered to be a reference to the Dannie A. Carr Veterans Outpatient 
Clinic.

            Passed the House of Representatives March 1, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 2814

_______________________________________________________________________

                                 AN ACT

 To name the Department of Veterans Affairs community-based outpatient 
     clinic in Sevierville, Tennessee, the Dannie A. Carr Veterans 
                           Outpatient Clinic.
```
Exhibit 10.1




AEtna                                  151 Farmington Avenue
                                       Hartford, CT  06156


                                       James H. Gould
                                       Aetna Human Resources, RW2A
                                       860-273-8588



September 4, 1997



Leonard Abramson
376 Regatta Drive
Jupiter, FL  33477


Dear Mr. Abramson:

Per your request, this letter amends the Amended and Restated 
Agreement between you and Aetna Inc. dated May 30, 1996 
("Agreement").  Section 4.(d) Office and Secretarial Support is 
                              ______________________________   
hereby amended to add the following language.

"As of August 1, 1997 and for the remaining Term of this 
Agreement, the Company will no longer provide Consultant with 
secretarial services but will reimburse Consultant for secretarial 
service expenses in the amount of $5,479.00 per month.  The 
Company will continue to reimburse for office space expenses in 
the amount of $3,167.00 per month."

All other provisions of such Agreement shall remain in full force 
and effect.

Please confirm this agreement by signing below and returning this 
letter to me at the above address.  Thank you.


Sincerely,


/s/James H. Gould
James H. Gould



Acknowledged and Agreed to:


/s/Leonard Abramson            9/9/97
_______________________        ____________
Leonard Abramson               Date


c:  Lucille Nickerson, Vice President and Corporate Secretary
    Eleanor Oswald, Accounting, Len Abramson Group
    Elease Wright,  Vice President, Human Resources
# L_2008291EN.01S00301.xml

| 31.10.2008 | EN | Official Journal of the European Union | L 291/s3 |
| --- | --- | --- | --- |

31.10.2008

EN

Official Journal of the European Union

L 291/s3

---

NOTE TO THE READER

The institutions have decided to no longer quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

----------------------------------------------------------------- No. 222 SSM 31 The People &c., Respondent, v. Eugene Francis, Appellant.

Submitted by Andrew W. Sayegh, for appellant. Submitted by Laurie Sapakoff, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on an objective fact and thereby reinstated certain counts of defendant's - 1 -- 2 - SSM 31

indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant's guilty plea. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part. Decided November 17, 2016

- 2 -
CERTIFICATION  PURSUANT TO 18 U.S.C.  SECTION 1350, AS ADOPTED  PURSUANT TO
SECTION 906 OF THE SARABANES-OXLEY ACT OF 2002

     In  connection  with  the  Annual  Report  of  Possis  Medical,  Inc.  (the
("Company")  on Form 10-K for the year  ended July 31,  2002,  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Robert
G. Dutcher,  Chief  Executive  Officer 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 results of operations of the Company.






                        Robert G. Dutcher
                        Chief Executive Officer
                        October 28, 2002
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS AMENDED AND RESTATED SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE FINANCIAL STATEMENTS OF APPLIED ANALYTICAL INDUSTRIES, INC.
RESTATED TO REFLECT THE ACQUISITION OF MEDICAL & TECHNICAL RESEARCH ASSOCIATES.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          26,248
<SECURITIES>                                         0
<RECEIVABLES>                                   21,290
<ALLOWANCES>                                       184
<INVENTORY>                                          0
<CURRENT-ASSETS>                                63,215
<PP&E>                                          46,567
<DEPRECIATION>                                  19,305
<TOTAL-ASSETS>                                 108,492
<CURRENT-LIABILITIES>                           32,057
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      68,679
<TOTAL-LIABILITY-AND-EQUITY>                   118,682
<SALES>                                         20,973
<TOTAL-REVENUES>                                20,973
<CGS>                                           10,955
<TOTAL-COSTS>                                   10,955
<OTHER-EXPENSES>                                 8,488
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,671
<INCOME-TAX>                                       511
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,160
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.07
        

</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2984 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2984

  To amend the Federal Power Act to provide that any inaction by the 
 Federal Energy Regulatory Commission that allows a rate change to go 
into effect shall be treated as an order by the Commission for purposes 
                     of rehearing and court review.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2015

   Mr. Kennedy (for himself, Mr. Neal, Mr. Mullin, Mr. Kinzinger of 
Illinois, Mr. Langevin, Mr. Moulton, Mr. Keating, Mr. Lynch, Ms. Clark 
 of Massachusetts, Mr. Welch, Ms. Kuster, Ms. Pingree, Mr. Cicilline, 
 Mr. McGovern, Mr. Capuano, and Ms. Tsongas) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Federal Power Act to provide that any inaction by the 
 Federal Energy Regulatory Commission that allows a rate change to go 
into effect shall be treated as an order by the Commission for purposes 
                     of rehearing and court review.

    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 ``Fair Ratepayer Accountability, 
Transparency, and Efficiency Standards Act'' or the ``Fair RATES Act''.

SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.

    Subsection (d) of section 205 of the Federal Power Act (16 U.S.C. 
824d(d)) is amended by adding at the end the following: ``Any absence 
of action by the Commission that allows a change to take effect under 
this section, including the Commission allowing the sixty days' notice 
herein provided to expire without Commission action, shall be treated 
as an order issued by the Commission accepting such change for purposes 
of section 313.''.
                                 <all>
```