alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(8 Misc. Rep. 443.)

#### BOAS v. THATCHER CAR & CONST. CO.

(Superior Court of New York City, General Term.

May 7, 1894.)

Contracts—Performance—Waiver of Time.

Where the purchaser of goods to be manufactured by the seller requests him, after the time fixed for delivery, to do his utmost to complete the goods, the time of performance specified in the contract is waived.

*660Action by Melvin E. Boas against the Thatcher Car & Construction Company. The complaint was dismissed on the trial, and plaintiff’s exceptions ordered to be heard in the first instance at general term. Sustained.

Argued before SEDGWICK, C. J., and FREEDMAN and McADAM, JJ.

Ambrose G. Todd, for plaintiff.

Titus & Dowling, for defendant.

SEDGWICK, C. J.

The action was upon the written contract of the parties. It was made May 5, 1893. The plaintiff agreed to make and deliver to the defendant certain goods, “and to complete them within three weeks’ time.” The defendant agreed to pay for them a stipulated price, and there is no dispute here as to the amount. On the trial the learned judge dismissed the complaint under plaintiff’s exception, and ordered the exceptions taken by plaintiff to be heard in first instance at the general term. The counsel for the parties here argue that the complaint was dismissed solely upon the ground that it appeared that the goods were not delivered within three weeks, and that it does not appear that the defendant had waived the provision as to the time of delivery. The time named in the contract—that is, May 26th—elapsed without delivery. On June 9th the defendant wrote by its officer, “I am much surprised to hear that your people have not got any of the address books ready yet,” and, “By giving this your personal attention, and doing your utmost to push the books to completion, you will very much oblige,” etc. This modifying the contract, of course, as to the time of performance, waived the obligation of the plaintiff as to the time first stipulated. The jury might have found that the plaintiff agreed to the modification as to time. The modified contract was obligatory upon the parties from that time. As to whether the plaintiff complied with the new contract by doing his utmost, if it were necessary to show that, would be a question for the jury. The jury might have found, if the testimony left it in doubt, that on June 10th the defendant told the plaintiff orally to stop work on those memorandum books until they received further orders. The plaintiff refused to accede to the proposition. If these positions are correct, the plaintiff, as might have been found by the jury, offered for delivery to the defendant the goods in a condition provided by the contract, and was entitled to receive the price by the contract. I am of opinion that at the least the plaintiff had a right to go to the jury upon the issues of fact. Plaintiff’s exceptions are sustained, and a new trial is ordered, with costs to abide the event.
<PAGE>

                                                                    Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


        In connection with the Annual Report of Lawrence Financial Holdings,
Inc. (the "Company") on Form 10-KSB for the period ending December 31, 2004 as
filed with the Securities and Exchange Commission(the "Report), I, Jack Blair,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss.1350,
as added by ss.906 of the Sarbanes-Oxley Act of 2004, that:

        1. The Report fully complies with the requirement of Section 13(a) or
15(d) of the Securities and 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 as of and for the period covered by the Report.



/s/ Jack L. Blair
-----------------------
Chief Executive Officer
Jack L. Blair
March 30, 2005
#### *In re*NOVICK, William Paul

(MR 20914)

Marion, IL

Order of the Court:

The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule 762(b) is allowed, and respondent William Paul Novick is suspended from the practice of law for 90 days. Suspension effective October 11, 2006. Respondent William Paul Novick shall reimburse the Client Protection Program Trust Fund for any Client Protection payments arising from his conduct prior to the termination of the period of suspension.
<TABLE> <S> <C>


<ARTICLE>                           5
<LEGEND>
      This schedule contains summary financial information extracted
      from Floridino's International Holdings, Inc. March 31, 2000
      financial statements and is qualified in its entirety by
      reference to such financial statements.

</LEGEND>

<S>                                 <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                   DEC-31-2000
<PERIOD-END>                        MAR-31-2000
<CASH>                                                        121,729
<SECURITIES>                                                  621,849
<RECEIVABLES>                                                 63,952
<ALLOWANCES>                                                  0
<INVENTORY>                                                   107,529
<CURRENT-ASSETS>                                              915,089
<PP&E>                                                        2,193,968
<DEPRECIATION>                                                322,818
<TOTAL-ASSETS>                                                3,486,718
<CURRENT-LIABILITIES>                                         1,485,736
<BONDS>                                                       1,040,454
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                      7,757
<OTHER-SE>                                                    779,912
<TOTAL-LIABILITY-AND-EQUITY>                                  3,486,718
<SALES>                                                       517,998
<TOTAL-REVENUES>                                               2,098,024
<CGS>                                                         367,463
<TOTAL-COSTS>                                                 504,820
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                            171,846
<INCOME-PRETAX>                                               (334,125)
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                           (339,069)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                                  (334,125)
<EPS-BASIC>                                                   (0.5)
<EPS-DILUTED>                                                 (0.5)



</TABLE>
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 on Form 10-Q of Tier Technologies, Inc. (the Company) for the quarter ended March 31, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, James R. Weaver, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:



| | 1. | This Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended.
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                         
|------------------ |  | ----------------------------------------
|Dated: May 6, 2005 |  | /s/ James R. Weaver                     
|                   |  | James R. Weaver, Chief Executive Officer
I 

111TH CONGRESS 

2D SESSION H. R. 6385 

To repeal the unearned income Medicare contribution provision in the Health 

Care and Education Reconciliation Act of 2010. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. SMITH of Nebraska introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To repeal the unearned income Medicare contribution provision in the Health Care and Education Reconciliation 

Act of 2010. 

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

3 SECTION 1. REPEAL OF UNEARNED INCOME MEDICARE 

4 CONTRIBUTION. 

5 Section 1402 of the Health Care and Education Rec6 onciliation Act of 2010 (Public Law 111–153), and the 

7 amendments made by such section, are hereby repealed; 

8 and the Internal Revenue Code of 1986 shall be applied 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 6385 IH

1 as if such section, and amendments, had never been en2 acted. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 19 ,

2017.

In The



## Fourteenth Court of Appeals

NO. 14- 17 -00788- CR

IN RE THELONIOUS PAUL HENRY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 263rd District Court Harris County, Texas Trial Court Cause No. 1054112



### MEMORANDUM OPINION
On October 5, 2017, relator Thelonious Paul Henry filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jim Wallace , presiding judge of the 263rd District Court of Harris County , to rule on relator’s motion
to reduce sentence

. To be entitled to mandamus relief, a relator must show that he has no adequate remedy at law for obtaining the relief he seeks; and (2) what he seeks to compel involves2

a ministerial act rather than a discretionary act. In re Powell , 516 S.W.3d 488, 494– 95 (Tex. Crim. App. 2017) (orig. proceeding). A trial court has a ministerial duty to consider and rule on motions properly filed and pending before it, and mandamus may issue to compel the trial court to act. In re Henry , 525 S.W.3d 381, 382 (Tex. App.— Houston [1 4 th Dist.] 2017, orig. proceeding).
A relator must establish that the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed or refused to rule on the motion within
a reasonable time. Id. It is relator’s burden to provide a sufficient record to establish that
he is entitled to relief. See Walker v. Packer , 827 S.W.2d 833, 839 (Tex. 1992) (orig.proceeding). Relator has failed to do so. Relator has not provided this court with a filest amped copy of his motion requesting such relief from the trial court. See Henry , 525 S.W.3d at 382. In the absence of a file-stamped copy of relator’s motion to reduce sentence, relator has not established that the motion is actually pending in the trial court. Moreover, even if relator had established that his motion is properly pending, he has not demonstrated that his motion was properly presented to the trial court. The trial court is not required to consider a motion that has not been called to its attention by proper

means. Id. Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM
Panel consists of Justices Christopher, Brown, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).
[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Page 21915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10876]


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

DEPARTMENT OF DEFENSE

Department of the Air Force


HQ USAF Scientific Advisory Board Meeting

    The C2 Database Panel Meeting will meet at Langley Air Force Base 
(AFB), VA on May 3, 2001 from 8 a.m. to 5 p.m.
    The purpose of the meeting is to receive briefings and discuss the 
direction of the study. The meeting will be closed to the public in 
accordance with Section 552b(c) of Title 5, United States Code, 
specifically subparagraphs (1) and (4) thereof.
    For further information, contact the HQ USAF Scientific Advisory 
Board Secretariat at (703) 697-8404.

Janet A. Long,
Air Force Federal Register Liaison Officer.
[FR Doc. 01-10876 Filed 5-1-01; 8:45 am]
BILLING CODE 5001-05-U
Exhibit 4.2


 


Consent of Independent Registered
Public Accounting Firm


We have issued our
report dated November 22, 2019, with respect to the financial statement of Advisors Disciplined Trust 1980 contained in Amendment
No. 1 to the Registration Statement on Form S-6 (File No. 333-234070) and related Prospectus. We consent to the use of the aforementioned
report in the Registration Statement and Prospectus, and to the use of our name as it appears under the caption “Experts”.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


November 22, 2019
****Exhibit 23****

 

****Consent of Independent Registered Public AccountingFirm****

 

We consent to theincorporation by reference in the Registration Statement (Form S-3 Nos.333-147068, 333-143454 and 333-141588) of China Precision Steel, Inc. ofour report dated October 11, 2007 (October 15, 2007 as to thesubsequent event disclosed in Note 20) related to the consolidated financialstatements of the Company as of June 30, 2007 and 2006 and for thetwo years then ended which appear in the Company’s Annual Report on Form 10-K/Afor the year ended June 30, 2007 and are included in this Quarterly Reporton Form 10-Q for the quarter ended December 31, 2007.

 
| February 14,  2008                          |
|--------------------------------------------------|
|                                             |
| /s/ Murrell,  Hall, McIntosh & Co. PLLP |   |
| Oklahoma City,  Oklahoma                         |

 

----
New Media Request Form 

Mission Area or 

Agency: 

New Media 

Channel/Tactic: 

[i.e. social networking, 

challenge, ideation] 

Division/Program: Tool/Provider: [i.e. Twitter, Challenge.gov] 

Public Affairs Contact: Proposed Start 

date: 

Webmaster/CIO 

Contact: 

Terms of Service 

Status: 

☐ Apps.gov 

☐ Tool already in use at USDA 

☐ Review Still Required 

Supporting Agencies, 

Programs: 

[Identify other USDA programs or agencies that may have related goals, shared 

information sources] 

Proposed URL, account 

name: 

[Identify proposed account name] 

Resources and Process 

Staff Resources: 

[Individuals responsible for oversight, maintenance or moderation of tool, account or channel] 

Concept Proposal and Communication Plan 

Describe: 

1. Mission – Why do you want to establish a new media account/channel? 

2. Goals - What do you want to accomplish? 

3. Why is this the best technology or tool for the above stated goals? 

4. Intended audience 

5. Content and information to be shared, events covered, etc 

6. Evaluation and success factors 

*Attach communication plan 

Reviewed By: Date: 

Approved By: Date: 

Last Updated By: Date/Time: 

AD-3022 (Rev. 5/2011)
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6407 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6407

To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2010

  Mr. Petri (for himself and Mr. Wolf) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable 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 ``School Food Recovery Act''.

SEC. 2. FOOD DONATION PROGRAM.

    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(k) Food Donation Program.--
            ``(1) In general.--Each school and local educational agency 
        participating in the school lunch program under this Act may 
        donate any food not consumed under such program to eligible 
        local food banks or charitable organizations.
            ``(2) Guidance.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this subsection, the 
                Secretary shall develop and publish guidance to schools 
                and local educational agencies participating in the 
                school lunch program under this Act to assist such 
                schools and local educational agencies in donating food 
                under this subsection.
                    ``(B) Updates.--The Secretary shall update such 
                guidance as necessary.
            ``(3) Liability.--Any school or local educational agency 
        making donations pursuant to this subsection shall be exempt 
        from civil and criminal liability to the extent provided under 
        the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 
        1791).
            ``(4) Definition.--In this subsection, the term `eligible 
        local food banks or charitable organizations' means any food 
        bank or charitable organization which is exempt from tax under 
        section 501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1998
<PERIOD-START>                             JAN-01-1998             JUL-01-1998
<PERIOD-END>                               SEP-30-1998             SEP-30-1998
<CASH>                                           2,069                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   62,291                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     23,984                       0
<CURRENT-ASSETS>                               120,885                       0
<PP&E>                                         281,000                       0
<DEPRECIATION>                                  85,560                       0
<TOTAL-ASSETS>                                 343,753                       0
<CURRENT-LIABILITIES>                           75,979                       0
<BONDS>                                        311,666                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             1                       0
<OTHER-SE>                                    (78,908)                       0
<TOTAL-LIABILITY-AND-EQUITY>                   343,753                       0
<SALES>                                        352,957                 112,097
<TOTAL-REVENUES>                               352,957                 112,097
<CGS>                                          313,204                 101,469
<TOTAL-COSTS>                                  339,900                 110,530
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              23,661                   7,985
<INCOME-PRETAX>                                (9,995)                 (5,905)
<INCOME-TAX>                                   (3,888)                 (2,210)
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (6,107)                 (3,695)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
111TH CONGRESS 

2D SESSION H. R. 6412 

AN ACT 

To amend title 28, United States Code, to require the Attorney General to share criminal records with State sentencing commissions, 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, 
2 

•HR 6412 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Access to Criminal 

3 History Records for State Sentencing Commissions Act of 

4 2010’’. 

5 SEC. 2. ATTORNEY GENERAL TO SHARE CRIMINAL 

6 RECORDS WITH STATE SENTENCING COMMIS7 SIONS. 

8 Section 534(a) of title 28, United States Code, is 

9 amended by inserting after ‘‘, the States’’ the following: 

10 ‘‘, including State sentencing commissions’’. 

Passed the House of Representatives December 9, 

2010. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H. R. 6412 

AN ACT 

To amend title 28, United States Code, to require 

purposes. with State sentencing commissions, and for other the Attorney General to share criminal records