alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03- 09 -00 716 -CV

In re WalterLee Hall Jr.

ORI GINAL PRO CEEDING FRO M TRAVIS COUNTY M E M O R

A N D UM O P I N I O N
Relator Walter L ee H all, J r. has f iled a petition for writ of mandamus seekingrelief from the tria l court’s orde r sig ned January 31, 2008. Hall alre ady attempted to f ile a direc t appea l from that orde r, but filed his notice of ap p ea l too late, re sulting in a dismissal for wa nt of jurisdiction. See H

all v. U.S. Bank Nat’l Ass’n , N o. 03 -0 8- 00 48 8- CV(T e x. Ap p. —Aus tin De c . 1 2, 20 08 , p e t. d e nie d) . In h is p e tit ion , H a ll a sk e d f or e xpe dit e d cons id erat ion of his iss ue s. Af te r d e lay du e to H a ll’ s h avin gfi le d a n in su ff ic ie nt a ff ida vit of ind ig e nc e , w e no w have tur ne d to the merits of his complaint. We g rant the motion for expedited c onsideration and de ny the petition for wr it of mandamus. We further caution Ha ll that h e m ay be subjec t to sanctions for filing frivolous proce eding s should he file similar pleading s in this or any other proc eedingin the future. See Tex. R. App. P . 45, 52.11.

__________________________________________ David Puryear , J ustice Be fore J ustices Pury ear , Pemberton and Waldrop Filed: Mar ch 9, 2010
Exhibit 12.2
TREESOURCE INDUSTRIES, INC. AND SUBSIDIARIES
COMPUTATION OF REGISTRANT'S NET INCOME (LOSS)
TO AVERAGE TOTAL ASSETS
(In Thousands, Except Ratios)


<TABLE>
                                                      YEAR ENDED APRIL 30,
                               -------------------------------------------------------------------

                                  1999          1998          1997           1996          1995
                               ----------    ----------    ----------     ----------    ----------
<S>                            <C>           <C>           <C>            <C>           <C>
  NET INCOME (LOSS)            $ (10,246)    $ (12,150)    $   8,970      $ ( 6,044)    $   3,700

                               ==========    ==========    ==========     ==========    ==========

  AVERAGE TOTAL ASSETS
  Beginning of period          $  65,311     $  86,486     $  77,396      $  88,944     $  97,100
  End of period                   54,987        65,311        86,486         77,396        88,944

  Average                      $  60,149     $  75,899     $  81,941      $  83,170     $  93,022

                               ==========    ==========    ==========     ==========    ==========


  RATIO OF NET INCOME (LOSS)       (17.0)%       (16.0)%         10.9%         (7.3)%         4.0%
  TO AVERAGE TOTAL ASSETS

</TABLE>
EXHIBIT 15





Bank of America, N.A. as Trustee


for the Cross Timbers Royalty Trust:





We are aware that XTO Energy Inc. and Cross Timbers Royalty Trust have incorporated by reference in Registration Statement No. 333-56983 on Form S-3, and that XTO Energy Inc. has
incorporated by reference in its Registration Statement Nos. 33-55784 and 333-91460 on Form S-8, Cross Timbers Royalty Trusts Form 10-Q/A for the quarter ended September 30, 2002, which includes our report dated October 9, 2002, covering the
unaudited interim financial information contained therein. Pursuant to Regulation C of the Securities Act of 1933, that report is not considered a part of the registration statement prepared or certified by our firm or a report prepared or certified
by our firm within the meaning of Sections 7 and 11 of the Act.





KPMG LLP





Dallas, Texas


November 20, 2002
#### T. C. Dingle, et al *v.*City of Eureka Springs et al

5-4190

413 S. W. 2d 641

Opinion delivered April 17, 1967

*M. D. Anglin,*for appellant.

*James E. Coate,*for appellee.

Conley Byrd, Justice.

Appellants, T. C. Dingle, et al., instituted this action in the Chancery Court of Carroll County, Arkansas, to compel the city of Eureka Springs, by and through its duly elected officials, to hold a special election for the purpose of changing its city commission form of government to a mayor and aider-man form. Appellants, in filing with the city clerk their petition containing 211 signatures, were proceeding under Act 497 of 1965 (Ark. Stat. Ann. §§ 19-110-111 Supp.. 1965]). The city clerk rejected the petition and this mandamus action followed.

The trial court agreed with the position taken by the city that the petition was an initiative petition under Amendment 7 to the Constitution of the State of Arkansas, and dismissed the action for mandamus upon a demurrer because the petition had not been filed with the city clerk more than 60 days before the November general election.

In *Knowlton*v. *Walton,*189 Ark. 901, 75 S. W. 2d 811 (1934), we held that such a procedure as petitioners are here following was wholly independent of the Initia*383tive and Referendum Amendment to the Constitution, and that the election called for under the act there involved was not controlled by the election provisions of Amendment 7. Therefore we hold that the chancellor was in error in interpreting Act 497 as being a proceeding under the Initiative and Referendum Amendment. There is nothing in the Initiative and Referendum Amendment limiting the power of the legislature to pass an act authorizing a city to change its form of government at a special election to he called by its mayor on the petition of a certain number of voters therein, i

In view of our decision ion April 3, 1967, in *Catlett*v. *Republican Party;*242 Ark. 283, 413 S. W. 2d 651, it would also appear that the chancery court had no jurisdiction of this cause of action and that, upon remand hereof, same should be transferred to the circuit court. Of course, our holding in the ¡Catlett case does not affect the jurisdiction given to chancery courts under the Initiative and Referendum Amendment having to do with the sufficiency of local petitions filed with the county clerk or city clerk, as the case may he.

For the reasons herein set forth, this cause is reversed and remanded.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

MAURICE LEE SOLEDAD, Case No. 1:18-cv-126

Plaintiff, Barrett, J.

Bowman, M.J.

v.

LT. WEBB, et al.,

Defendants.

REPORT AND RECOMMENDATION

Plaintiff, an incarcerated individual who proceeds pro se, filed suit against various

correctional officers employed at both the London Correctional Institution (LCI) and 

Warren Correctional Institution (WCI), alleging numerous claims spanning several years

(Docs. 1, 5). On May 1, 2018, the undersigned concluded that Plaintiff may proceed with 

an excessive force claim against two individuals, based on his allegations that on 

December 17, 2017 Defendant Moore slammed his face into the concrete floor at WCI, 

resulting in injuries to his left eye socket, and that Defendant Fryer twisted his wrist and 

shoved him into a door frame repeatedly. (Doc. 5 at 9). On July 10, 2018, Plaintiff filed 

a motion for default judgment, alleging that Defendant Moore has failed to file any timely 

answer to his complaint. 

Plaintiff is mistaken. The record reflects that Defendant Moore is not in default, as 

his motion for extension of time to file answer (Doc. 9) was granted. Therefore, consistent 

with the Notational Order docketed on June 1, 2018, Defendant’s answer was not due 

until June 25, 2018. Through counsel, Defendant Moore timely filed an Answer on June 

21, 2018. (Doc. 13).

Case: 1:18-cv-00126-MRB-SKB Doc #: 19 Filed: 09/04/18 Page: 1 of 3 PAGEID #: 218
2

Therefore, IT IS RECOMMENDED THAT Plaintiff’s motion for default judgment 

(Doc. 16) be DENIED.

s/ Stephanie K. Bowman

Stephanie K. Bowman 

United States Magistrate Judge

Case: 1:18-cv-00126-MRB-SKB Doc #: 19 Filed: 09/04/18 Page: 2 of 3 PAGEID #: 219
3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

MAURICE LEE SOLEDAD, Case No. 1:18-cv-126

Plaintiff, Barrett, J.

Bowman, M.J.

v.

LT. WEBB, et al.,

Defendants.

NOTICE

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written 

objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after 

being served with a copy thereof. That period may be extended further by the Court on timely 

motion by either side for an extension of time. All objections shall specify the portion(s) of 

the R&R objected to, and shall be accompanied by a memorandum of law in support of the 

objections. A party shall respond to an opponent’s objections within FOURTEEN DAYS after 

being served with a copy of those objections. Failure to make objections in accordance with 

this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United 

States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Case: 1:18-cv-00126-MRB-SKB Doc #: 19 Filed: 09/04/18 Page: 3 of 3 PAGEID #: 220
## Lewistown T-BID's April 

### 3, 2013

To whom it may concern: We are writingthis letterto show oursupport ofthe lewistown Air Service. OurT-BID group consists ofall the Hotels and Motels in the city of lewistown. We need this service. Without an interstate, rail and bus line, this is lewistown's last chance to keep an outside mode of transportation coming to ourtown. We believethat with this being in place and with Colorado being the second largest state to come into Montana, that itwill generate travelers in and out ofour community. Colorado is one ofthe areas that we were looking at to promote and advertise intoto bring more guest to ourtown. Withoutthe air service we will not be able to promote and surely not be able to increase our travelers from that area. Please help us to save the service and please help us to grow our economy in lewistown. We send this letterto letyou know that all ofthe hoteliers are on board with keeping our air service. Thanks you,

Robert L. Steinman T-BID Chairman
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PREMIERE
TECHNOLOGIES, INC. FINANCIAL STATEMENTS FOR THE PERIOD ENDED MARCH 31, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          15,673
<SECURITIES>                                     2,919
<RECEIVABLES>                                   68,293
<ALLOWANCES>                                  (10,720)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               111,890
<PP&E>                                         247,785
<DEPRECIATION>                               (121,514)
<TOTAL-ASSETS>                                 755,921
<CURRENT-LIABILITIES>                          201,272
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           472
<OTHER-SE>                                     373,954
<TOTAL-LIABILITY-AND-EQUITY>                   755,921
<SALES>                                        112,809
<TOTAL-REVENUES>                               112,809
<CGS>                                           32,456
<TOTAL-COSTS>                                   48,198
<OTHER-EXPENSES>                                86,410
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (5,596)
<INCOME-PRETAX>                               (27,840)
<INCOME-TAX>                                   (2,812)
<INCOME-CONTINUING>                           (25,028)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (25,028)
<EPS-PRIMARY>                                   (0.54)
<EPS-DILUTED>                                   (0.54)
        

</TABLE>
#### Pierre A. Sutton v. George *W.*Greene.

*Trov&r*— Ownership *of converted goods.*

In trover by tbe claimant of goods seized on an execution against another. a verdict against the plaintiff is conclusive against his claim; of ownership.. And the actual owner can have no redress in this-suit.

*119Error to Jackson. (Huntington, J.)

June 12.

June 20.

Tbovbb. Plaintiff brings error.

Affirmed.

*Lewis M. Powell*and *Thos. A. Wilson*for appellant.

*Geo. JET. Fay*and *G. Thompson Gridley*for appellee.

Cooley, J.

Trover for the conversion of personal property by seizure and sale in January, 1880. -The defendant at the time was township treasurer of the township of Norvell in Jackson county, and the plaintiff’s case is that defendant seized and sold his personal property to satisfy a tax assessed against one Fielding. The fact principally contested on the trial concerned the plaintiff’s ownership of the property sold. The admitted facts appear to be the following: Fielding, in April, 1879, was owner and occupant of a farm in Norvell, and sold the same to Chloe Sutton, the plaintiff’s wife, who resided in Chicago. In May following, when the annual assessment was made, the land was assessed to Fielding, who had remained in possession. When the time arrived for the collection of the taxes, defendant went upon the land and seized the personal property for the conversion of which this suit was brought, claiming that it was the property of Mrs. Sutton and that he had a right to seize and sell it to satisfy the tax assessed against her land. The property seized had been the property of Mrs. Sutton, but plaintiff claims that it was assigned to him the preceding November. Defendant contested this, and the question of the assignment was submitted to the jury as a disputed question of fact.

It was also contended on the’part of the plaintiff that the statute did not authorize defendant to make the levy, even if the property had still belonged to Mrs. Sutton. The circuit judge ruled otherwise, and this ruling is assigned for error. But we fail to perceive that it has any materiality. The circuit judge instructed the jury that if plaintiff was owner of the property at the time of the seizure, he was entitled to recover; and the verdict of the jury against him *120is conclusive against bis ownership. If the wife lias any grievance for an unauthorized seizure and sale of her property, it cannot be redressed in this suit.

The judgment must be affirmed with costs.

The other Justices concurred.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4401

 To amend the Act of August 9, 1955, to modify a provision relating to 
                leases involving certain Indian tribes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

  Mr. Smith of Washington (for himself and Mr. Dicks) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Act of August 9, 1955, to modify a provision relating to 
                leases involving certain Indian tribes.

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

SECTION 1. LEASES INVOLVING CERTAIN INDIAN TRIBES.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415), is 
amended--
            (1) in subsection (a), in the second sentence, by inserting 
        ``and land held in trust for the Kalispel Tribe of Indians'' 
        after ``the Kalispel Indian Reservation''; and
            (2) in subsection (b), by inserting ``, the Puyallup Tribe, 
        the Swinomish Indian Tribal Community, or the Kalispel Tribe of 
        Indians'' after ``Tulalip Tribes''.
                                 <all>
```
Case: 2:18-cv-00416-ALM-KAJ Doc #: 7 Filed: 05/04/18 Page: 1 of 1 PAGEID #: 68
Exhibit
32.1





CERTIFICATION
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





In connection with the accompanying
Quarterly Report of Genta Incorporated (the “Company”) on Form 10-Q for the
quarter ended September 30, 2009 (the “Report”), I, Raymond P. Warrell, Jr.,
M.D., 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) 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.





Date:       November 16,
2009


/s/ RAYMOND P. WARRELL, JR.,
      M.D.Name:
                Raymond
      P. Warrell, Jr., M.D.Title:
                Chairman
      and Chief Executive
Officer





* A
signed original of this written statement required by Section 906 has been
provided to Genta Incorporated and will be retained by Genta Incorporated and
furnished to the Securities and Exchange Commission or its staff upon
request.
Exhibit 99.1


                            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 ESSXsport, Corp. (the "Company")
on Form 10-QSB for the period  ending May 31, 2002 as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Bruce Caldwell,
Chief  Executive  Officer  and Chief  Financial  Officer  (Principal  Accounting
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.

/s/ Bruce Caldwell
-------------------
Bruce Caldwell
Chief Executive Officer and
Chief Financial Officer
(Principal Accounting Officer)
June 18, 2003
|Exhibit 32.1

Certification of CEO
and CFO Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant toSection 906 of the Sarbanes-Oxley
Act of 2002



In
connection with the Quarterly Report on Form 10-Q of Palomar Medical Technologies, Inc.
(the Company) for the quarterly period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), Joseph
P. Caruso, as President and Chief Executive Officer of the Company, and Paul S. Weiner, as
Chief Financial Officer of the Company, each hereby certifies, 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.
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|       |                                      
|------ | -------------------------------------
|By:    | /s/ Joseph P. Caruso                 
|Name:  | Joseph P. Caruso                     
|Title: | President and Chief Executive Officer
|Date:  | November 7, 2003                     

|       |                        
|------ | -----------------------
|By:    | /s/ Paul S. Weiner     
|Name:  | Paul S. Weiner         
|Title: | Chief Financial Officer
|Date:  | November 7, 2003       

|This
certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of
2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be
deemed filed by the Company for purposes of §18 of the Securities Exchange Act of
1934, as amended.
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 32.1




MUNICIPAL MORTGAGE & EQUITY, LLC


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 Municipal Mortgage & Equity, LLC, a Delaware limited liability company (the “Company”), on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael L. Falcone, President, Chief Executive Officer and Director of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Company.




Date: March 31, 2011


/s/ Michael L. FalconeMichael L. FalconeChief Executive Officer, President and Director




A signed original of this written statement required by Section 906 has been provided to Municipal Mortgage & Equity, LLC and will be retained by Municipal Mortgage & Equity, LLC and furnished to the Securities and Exchange Commission or its staff upon request.