alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

San Antonio, Texas

June 7, 2019

No. 04

- 19

- 00332

- CV

Lee B

. WHEELER, Trustee of the L& P Children's Trust and Nancy Wheeler Plumlee

, Appellant s

v.

SAN MIGUEL ELECTRIC COOPERATIVE, INC.,

Appellee s

From the 36th Judicial District Court, McMullen County, Texas

Trial Court No. M

- 17

- 0027

- CV

- A

Honorable Starr Boldr ick Bauer, Judge Presiding



### O R D E R

The trial court clerk has filed a clerk’s record. However, the clerk’s record does not comply with Texas Rule of Appellate Procedure 34.5(a), which lists the documents that must be

included in the clerk ’ s record “ [u] nless the parties designate the filings in the appellate record by agreement under Rule 34.2. ” T EX

. R. A PP

. P. 34.5. Rule 34.5(a) provides that i n civil cases, the

documents to be included in the clerk’s record are the following:

(1) all pleadings on whi ch the trial was held; (2) the court ’ s docket sheet, (3) the court ’ s charge and the jury ’ s verdict, or the court ’ s findings of fact and conclusions of law; (4) the court ’ s judgment or other order that is being appealed; (5) any request for findings of fact and conclusions of law, any post

judgment motion, and the court ’ s order on the motion; (6) the notice of appeal; (7) any formal bill of exception; (8) any request for a reporter ’ s record, including any statement of points or issues under Texas Rule of Appellate Procedure 34.6(c); (9) any request for preparation of the clerk ’ s record; (10) a certified bill of costs including the cost of preparing the clerk ’ s record, showing credits for payments made; and (11) any filing that a party designates to have i ncluded in the record.In this appeal, the clerk’s record does not contain all the pleadings on which trial was

held. Specifically , the clerk’s record does not include P laintiffs ’ F irst A mended O riginal P etition

, which was filed on June 6, 2017. We ORDER the trial court clerk to file a supplemental clerk’s

record on or before June 17, 2019 containing the P laintiffs’ F irst A mended O riginal P etition.

_________________________________ Liz a A. Rodriguez , Justice

IN WITNESS WHEREOF, I have hereunto set my han d and affixed the seal of the said

court on this 7th day of June, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
Certification of Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350,
as Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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:  May 5, 2011
    /s/  Christopher T. HutterChristopher T. HutterExecutive Vice President, Chief Financial Officer, Treasurer
and Assistant Secretary
<PAGE>

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 Aethlon Medical, Inc. Quarterly Report on Form 10-QSB for
the quarter ended December 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof, I, James A. Joyce, 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, to the best of my
knowledge:

1. Such quarterly report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and

2. The information contained in such Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of Aethlon Medical, Inc.

Date: February 13, 2006

By: /s/ James A. Joyce
    -----------------------
    James A. Joyce
    Chief Executive Officer

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
required by Section 906, has been provided to Aethlon Medical, Inc. and will be
retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.


                                       21
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED BALANCE SHEETS AS OF MARCH 31, 1999 AND DECEMBER 31, 1998, AND THE
CONDENSED STATEMENTS OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1999 AND
1998 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>                                           1,041
<SECURITIES>                                         0
<RECEIVABLES>                                   10,135
<ALLOWANCES>                                     (615)
<INVENTORY>                                      1,114
<CURRENT-ASSETS>                                24,084
<PP&E>                                          13,983
<DEPRECIATION>                                 (9,480)
<TOTAL-ASSETS>                                  31,650
<CURRENT-LIABILITIES>                           13,442
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           125
<OTHER-SE>                                      17,686
<TOTAL-LIABILITY-AND-EQUITY>                    31,650
<SALES>                                         12,480
<TOTAL-REVENUES>                                12,480
<CGS>                                           10,903
<TOTAL-COSTS>                                   12,820
<OTHER-EXPENSES>                                   112
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 101
<INCOME-PRETAX>                                  (502)
<INCOME-TAX>                                     (186)
<INCOME-CONTINUING>                              (316)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (316)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                   (0.03)
        

</TABLE>
<PAGE>


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 Aethlon Medical, Inc. Quarterly Report on Form 10-QSB for
the quarter ended June 30, 2004 as filed with the Securities and Exchange
Commission on the date hereof, I, Edward C. Hall, Chief Financial 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, to the best of my
knowledge:

1. Such quarterly report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and

2. The information contained in such Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of Aethlon Medical, Inc.

Date: August 16, 2004.

By:         /s/ Edward C. Hall
            Edward C. Hall
            Chief Financial Officer

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
required by Section 906, has been provided to Aethlon Medical, Inc. and will be
retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

IN RE: DAVOL, INC./C.R. BARD, INC., 

POLYPROPYLENE HERNIA MESH Case No. 2:18-md-2846 

PRODUCTS LIABILITY LITIGATION 

CHIEF JUDGE EDMUND A. SARGUS, JR. 

 Magistrate Judge Kimberly A. Jolson 

This document relates to: Civil Action No. __________________ 

NATASHA BRADFORD. 

MOTION TO WITHDRAW

1. David Hodges, a Little Rock lawyer, asks to withdraw as attorney for the 

Plaintiff, Natasha Bradford, in this case, because of the health situation of the attorney. 

David Hodges, in February 2023, and again in March 2023, had a stroke and is now 

recovering from that problem and is practicing law to some extent, but further 

participation in this case is not justified under these circumstances. 

2. There is another attorney for the Plaintiff in this case. 

3. David Hodges, one of the attorneys for the Plaintiff in this case, will not 

make a claim for expenses or attorney’s fees as a result of his participation in this action. 

4. David Hodges, on January 4, 2024, will turn 83 years old and that is an 

additional ground for the request to withdraw from this case. 

 Respectfully Submitted, 

NATASHA BRADFORD, PLAINTIFF 

 

Case: 2:18-md-02846-EAS-KAJ Doc #: 808 Filed: 01/09/24 Page: 1 of 2 PAGEID #: 9024
2 

 By:_/s/ David A. Hodges 

 DAVID A. HODGES 

 Attorney at Law 

 Simmons Tower Executive Suites 

 425 West Capitol Ave., Suite 1223 

 Little Rock, AR 72201 

 Arkansas Bar No. 65021 

 Telephone: 501-374-2400 

 EMail: david@hodgeslaw.com

and 

 Alvin Simes 

Attorney at Law 

P.O. Box 1248 

Forrest City, AR 72336-1248 

Telephone: 870-572-6065 

Email: alvsim2@att.net

Case: 2:18-md-02846-EAS-KAJ Doc #: 808 Filed: 01/09/24 Page: 2 of 2 PAGEID #: 9025
#### Helton *v.*Sovereign Camp of Woodmen of the World.

4-2773

Opinion delivered December 19, 1932.

*759
      *G. E. Snuggs,*for appellant.

*H. M. Jacoway, Cooper Jacoway*and *Lee Miles,*for appellee.

Kirby, J.,

(after stating the facts). Appellant insists that insured had complied with all the conditions of the contract, had reached the age of 70 years and was entitled to a paid-up certificate for the amount of the contract of insurance, had a vested interest therein which could not be changed by any new bylaws or assessments; and that any agreement for the paid-up certificate for a less amount was without consideration and void, and that the court erred in its finding'and judgment that the benefit certificate issued to Helton, No. 17401, Ark., upon which this suit was instituted, had been surrendered by the insured during his lifetime, and that there was no liability thereunder.

Said benefit certificate No. 1740, Ark., contains these provisions: “Payments to cease after 20 years,” and “His agreement to pay all assessments and dues that may be levied during the time he shall remain a member of the Woodmen of the World.” The first clause “Pay*760ments to cease after 20 years” is a marginal notation placed on the policy before its execution and delivery, while the latter is a general provision appearing in the body of the certificate by reference and doubtless appearing in every type of certificate issued to members. Provision is made for the issuance of a paid-up certificate also, and the testimony shows and the court found that a paid-up certificate was issued to the insured upon his request, and, although it was for a smaller amount than the original certificate and for a less amount than appellant now insists was due thereunder, such certificate was issued and delivered to the insured during his lifetime and accepted by him, and there was no fraud shown or alleged in its procurement. The member was doubtless liable under the provisions of the policy above set out to pay all assessments and dues during the time he remained a member of the Woodmen of the World, and his acceptance of the paid-up certificate in settlement of his rights under the original certificate cannot be said to have been made without consideration, since he could have been required to pay assessments or dues' duly levied so long.as he remained a member of the order under the provision of the policy, regardless of the notation “payments to cease after 20 years,” which doubtless "was limited to the regular annual or monthly payments required for keeping the insurance in force. The regular assessments and dues had no relation to any others that might be properly levied under the constitution and bylaws during the time he remained a member.

Appellant did not recover or. show any greater amount to be due him than the amount for which in its answer the appellee offered to confess judgment, and the court did not err, having found only that amount to be due, in rendering judgment therefor and for the costs as the law provides.

We find no error in the record, and the judgment is affirmed.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1000

    To amend title XVIII of the Social Security Act to provide for 
    infection control support to skilled nursing facilities through 
           contracts with quality improvement organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2021

 Mr. Kind (for himself and Mr. Kildee) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
      to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
    To amend title XVIII of the Social Security Act to provide for 
    infection control support to skilled nursing facilities through 
           contracts with quality improvement organizations.

    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 ``Infection Control Training and 
Support Act of 2021''.

SEC. 2. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING 
              FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT 
              ORGANIZATIONS.

    Section 1862(g) of the Social Security Act (42 U.S.C. 1395y(g)) is 
amended--
            (1) by striking ``The Secretary'' and inserting ``(1) The 
        Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In addition to any amounts otherwise available, there are 
appropriated to the Secretary, out of any monies in the Treasury not 
otherwise appropriated, $200,000,000, to remain available until 
expended, for purposes of carrying out infection control support (as 
determined appropriate by the Secretary) through the development and 
dissemination of protocols relating to the prevention or mitigation of 
COVID-19 in skilled nursing facilities (as defined in section 
1819(a)).''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                  102,756
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                  17,344
<TOTAL-ASSETS>                                 103,021
<CURRENT-LIABILITIES>                                0
<BONDS>                                         27,483
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      71,712
<TOTAL-LIABILITY-AND-EQUITY>                   103,021
<SALES>                                         12,513
<TOTAL-REVENUES>                                12,513
<CGS>                                                0
<TOTAL-COSTS>                                    2,129
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,366
<INCOME-PRETAX>                                  6,822
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              6,822
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,822
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### KANSAS CITY LIFE INSURANCE COMPANY, Appellant, v. Lillian Smith MOULDEN, formerly Lillian M. Smith, Appellee.

No. 5248.

United States Court of Appeals Tenth Circuit.

April 7, 1956.

Rehearing Denied May 7, 1956.

*707Thomas Smart, Denver, Colo., for appellant.

Paul A. Hentzell, Denver, Colo. (Don Lorenz, Denver, Colo., on the brief), for appellee.

Before MURRAH and PICKETT, Circuit Judges, and HILL, District Judge.

PER CURIAM.

This is an appeal from a summary judgment holding appellant liable on its insurance policy issued on the life of Norman N. Smith, with his wife, appellee, as beneficiary. The question is whether the policy was in force on the death of the insured, December 11, 1949, and the answer turns on whether the policy became effective on October 27, 1948, -the date of its approval and issuance in the home office, or November 11, 1948, when it was delivered to the insured by the writing agent.

On a stipulation of facts, the trial court held that the policy did not become effective until the date of delivery on November 11, 1948, and that the insured’s death therefore occurred within the grace period of the policy. For the reasons stated in the trial court’s opinion in D.C., 139 F.Supp. 904 the judgment is affirmed.
**Exhibit 31.2****Certifications**I, Richard B. Hare, certify that:1. I have reviewed this Annual Report on Form 10-K of Carmike Cinemas, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;b)Designed such internal control over financial reporting, or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonable assuranceregarding the reliability of financial reporting and the preparation of financial statementsfor external purposes in accordance with generally accepted accounting principles;c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;andd) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors:a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.   August 3, 2006     /s/ Richard B. Hare     Richard B. Hare
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA :

Plaintiff, : CASE NO: 3:18 CR 0073 - 4

 

-vs.- : Judge Thomas M. Rose

WILLIAM LAMBERT :

Defendant. :

_______________________________________________

MOTION TO CONTINUE HEARING

________________________________________________

Now comes Defendant, William Lambert, by and through counsel, and 

respectfully moves this Honorable Court to continue the Change of Plea Hearing, 

scheduled for May 1, 2019 at 2:30 p.m. Counsel for Defendant has had an unexpected 

medical emergency. United States Attorney has been made aware of request and has 

no objection.

Case: 3:18-cr-00073-TMR Doc #: 88 Filed: 05/01/19 Page: 1 of 2 PAGEID #: 272
 Respectfully submitted,

 /s/ Nicholas G. Gounaris ____________

NICHOLAS G. GOUNARIS (0064527)

Gounaris Denslow Abboud Co., LPA

Attorney for Defendant, William Lambert

130 West Second Street, Suite 2000

Dayton, OH 45402

Telephone (937) 222-1515

Facsimile (937) 222-1224

E-Mail nick@gafirm.com

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing document with the Clerk of 

Court, Southern District of Ohio using the CM/EMF system which on the date of filing 

will send notification of such filing to all counsel of record.

/s/ Nicholas G. Gounaris___

NICHOLAS G. GOUNARIS 

Case: 3:18-cr-00073-TMR Doc #: 88 Filed: 05/01/19 Page: 2 of 2 PAGEID #: 273