alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CHARLESTON.

#### Camden *v.*Ferrell.

Submitted September 17, 1901.

Decided November 16, 1901.

Bilí, op *Review*— Decree—Default.

A hill of review based on newly discovered evidence does not lie to a decree by default, (p. 120).

Appeal from Circuit Court, Webster County.

Bill of review by Wilson L. Camden and others against R. C. Ferrell. Decree for defendant, and plaintiffs appeal.

*Affirmed.*

LiNN & ByrNE, for appellants.

MollohaN, McCliNtic & Mati-iews, for appellee.

BRANNON, PRESIDENT:

A chancery suit was brought in the circuit court of Webster *120Coimty by E. C. Ferrell against tbe administrator and heirs of G-. D. Camden to enforce the specific performance of a contract for the sale and conveyance of land. The administrator filed an answer denying the execution by Camden of the writing on which the suit was based. The heirs did not answer. A decree was rendered for the enforcement of the contract by a conveyance from the' heirs. The heirs tendered to judge Bennett a paper calling itself a bill of review to set aside said decree on newly discovered matter; but he refused to allow it to be filed, and the heirs obtained this appeal.

"We do not see that a bill of review lies to reverse a decree by default on newly discovered evidence. No authority for it has been shown. There was no issue between Ferrell and the heirs. The administrator does not represent the title to land. The land is not in him, but in the heirs, and his answer could raise no issue between Ferrell and them. Newly discovered evidence, under the law pertinent to bills of review, must bear on the issue involved in the suit, and on which the decree is predicated. That evidence must be more evidence on that issue. Iiow can we say this when there was none? It must be non-cumulative. How can we say that evidence is such in such case ? If indeed all this new evidence now presented had been before the court at the time of the decree, it could not have been considered for want of an answer, and it. can avail nothing when brought forth by a bill of review. A consent decree cannot be affected by a bill of review, but only by an original bill. *Thompson*v. Maxwell, 95 U. S. 391; *Manion*v. Fahy, 11 W. Va. 482; 3 Ency. Pl. & Prac. 608. True, a decree by default is not a consent decree fully; but it is one on a bill taken *pro confesso;*and is on facts admitted on failure to deny them, and is enough analogous to a consent decree to justify the comparison. It may be said that a defendant may omit to defend because knowing no evidence on which to defend, and that if he discovers it after decree, he should have relief against the decree by bill of review. I find no authority for it. If he can get relief by an original bill, he must bring suit in the usual way by suing out a summons and filing his bill of right, and a judge commits no error in refusing to allow it to be filed whether we treat it as an" original bill or a bill of review. We therefore affirm the order refusing leave to file this pleading.

*Affirmed.*
No. 04

- 14

- 00 357

- CV

IN THE COURT OF APPEALS

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO

BURTON KAHN,

Appellant,

v.

HELVETIA ASSET RECOVERY, INC.,

Appellee.

NOTICE OF APPEARANCE OF LEAD COUNSEL

TO THE HONORABLE COURT:

COME S NOW, Elizabeth Conry Davidson, counsel for Appellee, Helvetia

Asset Recovery, Inc. , and files her Notice of Appearance of Lead Counsel, and in

support thereof would respectfully show this Court the following:

Elizabeth Conry Davidson , Attorney at Law has been retained to represent the

above

- referenced Appellee, Helvetia Asset Recovery, Inc.

, in this case and hereby

make s an appearance in this case for all purposes. ACCEPTED

04-14-00357-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

5/18/2015 12:05:26 PM

KEITH HOTTLE

CLERK2 WHEREFORE PREMISES CONSIDERED, the undersigned respectfully

request that this Notice of Appearance of Lead Counsel be filed with the other papers

and pleadings in this cause, and that the Court and all parties take notice of the

appearances and designation made herein.

Respectfully submitted,

ELIZABETH CONRY DAVIDSON

ATTORNEY AT LAW

926 Chulie

San Antonio, Texas 78216

Telephone: 210/ 380

- 4899

Telecopier: 210/ 568

- 4036

By: /s/ Elizabeth Conry Davidson

Elizabeth Conry Davidson

State Bar No. 00793586

ATTORNEY FOR APPELLEE,

HELVETIA ASSET RECOVERY,

INC.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was

delivered to the following in accordance with th e Texas Rules of Civil Procedure and

the Texas Rules of Appellate Procedure on this the 18 th day of M a y , 201 5 :

Burton Kahn Via electronic mail: glentrail@yahoo.com

1706 Alpine Circle

San Antonio, Texas 78248

Lisa Barkley Via electronic mail: Lisa.Barkley@haynesboone.com

Haynes and Boone, LLP

112 E. Pecan Street

Suite 1200

San Antonio, TX 78205

- 15243 /s/ Elizabeth Conry Davidson

Elizabeth Conry Davidson
Exhibit 99.1

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

          The undersigned hereby certifies that the Form 10-Q Quarterly Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the“Company”) for the quarterly period ended March 31, 2003 filed with the Securities and Exchange Commission (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 andthat the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

| Dated: May 14, 2003 | By:    | /s/ GARY L. CARANO                                                                                               |
|---------------------|--------|------------------------------------------------------------------------------------------------------------------|
|                |   |                                                                                                                  |
|                |   | **Gary L. Carano, Chief Executive Officer of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp.** |

A signed original of this written statement required by 18 U.S.C. Section 1350 has been furnished to Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. and will be retained by Circus and EldoradoJoint Venture and Silver Legacy Capital Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 16.1








Securities and Exchange Commission


100 F Street, N.E.


Washington, DC 20549





July 15, 2011








Commissioners:








We have read the statements made by Ecopetrol S.A. (copy attached), which we understand will be filed with the Securities and Exchange Commission, pursuant to Item 16F of Form 20-F, as part of the Form 20-F of Ecopetrol S.A.dated July 15, 2011. We agree with the statements concerning our Firm in such Item 16F on Form 20-F.











Very truly yours,











\s\ PricewaterhouseCoopers Ltda.





PricewaterhouseCoopers Ltda.



















PricewaterhouseCoopers Ltda.,  Calle 100 No. 11A-35, Bogotá, Colombia


Tel: (57-1) 634 0555, Fax: (57-1) 218 8544, www.pwc.com/co
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 28, 2007 Clifford W. Taylor,

 Chief Justice 

134876 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134876 

 COA: 276211 

Wayne CC: 02-013849-01 

TERRY DEJUAN HOLLIS, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 26, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s1217 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 28, 2007 

Clerk
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### September 24, 2007 Clifford W. Taylor, Chief Justice


### 134310 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 134310 COA: 277125 Wayne CC: 06-011528-01 MARCUS MARTIN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the May 7, 2007 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

p0917 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 24, 2007

Clerk
First Amendment to The Progressive Corporation 2010 Equity Incentive Plan



 Exhibit 10.1 
 FIRST AMENDMENT TO THE PROGRESSIVE CORPORATION 
 2010 EQUITY INCENTIVE PLAN 
 WHEREAS, The Progressive Corporation 2010 Equity Incentive Plan (the
“Plan”) was approved by the Board of Directors on January 29, 2010 and will be submitted to shareholders for approval at the Company’s upcoming Annual Meeting of Shareholders; and 
 WHEREAS, it is deemed desirable to amend the Plan; 
 NOW, THEREFORE, the Plan is hereby amended as follows: 
 1. The definition of the
term “Performance Goals”, as set forth in Section 1(c) of the Plan, is hereby amended and restated in its entirety as follows: 
 “Performance Goals” means the performance goals selected and established by the Committee with respect to any Performance-Based Award, which shall be based on objective criteria relating
to one or more of the following measures: 
 (i) Profitability: 
  

	 	•	 	 combined ratio 


  

	 	•	 	 target combined ratio 


  

	 	•	 	 weighted combined ratio 


  

	 	•	 	 variation in combined ratio from a targeted combined ratio 


  

	 	•	 	 cohort combined ratio (the expected lifetime combined ratio for a group of policies commencing during a specified time period)



  

	 	•	 	 return on equity, or 


  

	 	•	 	 return on revenue; 


 (ii) Growth: 
  

	 	•	 	 policies in force 


  

	 	•	 	 vehicles insured 


  

	 	•	 	 drivers insured 


  

	 	•	 	 earned premiums 


  

	 	•	 	 earned premium per policy or per vehicle 


  

	 	•	 	 earned car years 


  

	 	•	 	 physical damage earned car years, or 


  

	 	•	 	 written premiums; and 


 (iii) Other: 
  

	 	•	 	 net income 


  

	 	•	 	 net income per share, or 


  

	 	•	 	 value of a share of Stock. 


 Performance goals may be measured on a company-wide, subsidiary or business unit basis, or any combination thereof. Performance goals may reflect absolute entity performance or a relative comparison of entity performance to the performance
of a peer group of entities or other external measure. 
 2. Except as expressly modified hereby, the terms of the Plan shall be
unchanged.
**Exhibit 32.2**

 

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

 

In connection with the Quarterly Report of Uni-Pixel, Inc. (the “Company”)on Form 10-QSB for the quarter ending June 30, 2005 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, JamesA. Tassone, Chief Financial Officer of the Company, hereby certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

•                  TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C 78m or 78o(d)); and

**•**                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date: August 10, 2005 | By:    |  /s/   James A. Tassone                |   |
|----------------------------|--------|--------------------------------------------------|--------|
|                       |   |  James A. Tassone, Chief Financial  Officer |

 

*A signed original of this written statementrequired by Section 906 of the Sarbanes-Oxley Act of 2002 has beenprovided to Uni-Pixel, Inc. and will be retained by Uni-Pixel, Inc.and furnished to the Securities and Exchange Commission or its staff uponrequest.  The foregoing certification isbeing furnished solely pursuant to 18 U.S.C. Section 1350 and is not beingfiled as part of this Report or as a separate disclosure document.*

 

----
<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 Quarterly Report of Southern Community Bancshares, Inc.
(the "Company") on Form 10-QSB for the period ending September 30, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Gary McGaha, 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.


                                         /s/ Gary McGaha
                                         ---------------------------------------
                                         Gary McGaha, President and Chief
                                         Executive Officer


November  14, 2003
V 

109TH CONGRESS 

2D SESSION H. R. 5618 

To extend the patent term for the badge of the American Legion Women’s 

Auxiliary, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2006 

Mr. CANNON introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To extend the patent term for the badge of the American 

Legion Women’s Auxiliary, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PATENT TERM EXTENSION FOR THE BADGE OF 

4 THE AMERICAN LEGION WOMEN’S AUXIL5 IARY. 

6 The term of a certain design patent numbered 55,398 

7 (for the badge of the American Legion Women’s Auxiliary) 

8 is renewed and extended for a period of 14 years beginning 


sroberts on PROD1PC70 with BILLS
2 

•HR 5618 IH

1 on the date of enactment of this Act, with all the rights 

2 and privileges pertaining to such patent. 

Æ 


sroberts on PROD1PC70 with BILLS
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The
undersigned hereby certifies that the Form 10-Q Quarterly Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the Company) for the quarterly period ended September 30, 2009 filed with the
Securities and Exchange Commission (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                         |  |  |  |     |  |                                                                                                                  
|------------------------ |  |  |  | --- |  | -----------------------------------------------------------------------------------------------------------------
|                         |  |  | 
|Dated: November 13, 2009 |  |  |  | By: |  | /s/ Stephanie D. Lepori                                                                                          
|                         |  |  |  |     |  | Stephanie D. Lepori, Chief Financial Officer of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp.
<PAGE>

                                                                    EXHIBIT 32.2


                                CERTIFICATION OF
                     J. ROE BUCKLEY/CHIEF FINANCIAL OFFICER
                      OF MEWBOURNE DEVELOPMENT CORPORATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

         I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development
Corporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P.,
(the "Registrant"), hereby certify that the accompanying report on Form 10-Q,
for the quarterly period ended September 30, 2003 and filed with the Securities
and Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the "Report") by the Registrant fully complies
with the requirements of that section.

         I further certify that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant.


                                                /s/ J. Roe Buckley
                                                --------------------------------
                                                Name: J. Roe Buckley
                                                Date: November 13, 2003
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11816-11817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5946]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 6 Taxpayer Advocacy Panel (Including the 
States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, 
Oregon, South Dakota, Utah, Washington, and Wyoming)

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice of Meeting.

-----------------------------------------------------------------------

SUMMARY: An open meeting of the Area 6 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Thursday, April 23, 2009, Friday, April 
24, 2009, and Saturday, April 25, 2009.

FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227 or 206-
220-6096

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 6 Taxpayer Advocacy Panel will be held 
Thursday, April 23, 2009 from 1 p.m. to 4:30 p.m., Friday, April 24, 
2009 from 8:30 a.m. to 4:30 p.m., and Saturday, April 25, 2009 from 
8:30 a.m. to 11:30 a.m. Pacific Time in Seattle, Washington. The public 
is invited to make oral comments or submit written statements for 
consideration. Notification of intent to participate must

[[Page 11817]]

be made with David Coffman. For more information please contact Mr. 
Coffman at 1-888-912-1227 or 206-220-6096, or write TAP Office, 915 2nd 
Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site: 
http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: March 9, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E9-5946 Filed 3-18-09; 8:45 am]
BILLING CODE 4830-01-P
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 Supatcha Resources Inc. (the “Company”) on Form 10-K for the year
ending February 28, 2010 as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), I, Nikolae Yagodka, Secretary, Treasurer,
Principal Financial Officer, Principal Accounting Officer and Director 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 Annual Report fairly presents, in all
      material respects, the financial condition and result of operations of
      Supatcha Resources Inc.




A signed
original of this written statement required by Section 906 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.




SUPATCHA
RESOURCES, INC.




By:
              /s/
      Nikolae YagodkaNikolae
      YagodkaSecretary,
      Treasurer, Principal Financial OfficerPrincipal
      Accounting Officer and DirectorDate:
              July
      13, 2010
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5442 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5442

To amend the Elementary and Secondary Education Act of 1965 to require 
 the use of science assessments in the calculation of adequate yearly 
                   progress, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2006

  Mr. Ehlers (for himself, Mr. Holt, Mrs. Biggert, and Mr. Boehlert) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the Elementary and Secondary Education Act of 1965 to require 
 the use of science assessments in the calculation of adequate yearly 
                   progress, and for other purposes.

    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 ``Science Accountability Act of 
2006''.

SEC. 2. SCIENCE ASSESSMENTS AND ADEQUATE YEARLY PROGRESS.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (2)(G), by striking ``mathematics and 
        reading or language arts'' and inserting ``mathematics, reading 
        or language arts, and (beginning in the 2008-2009 school year) 
        science''; and
            (2) in paragraph (3)(C)(vii), by striking ``mathematics, 
        and reading or language arts'' and inserting ``mathematics, 
        reading or language arts, and (beginning in the 2009-2010 
        school year) science''.
                                 <all>
```
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. JULIAN FRISBY, Petitioner : : : : : : : : : : : No. 151 EAL 2015 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 4th day of August, 2015, the Petition for Allowance of Appeal is DENIED
.