alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1361.

#### Jesse French Piano & Organ Company *v.*Barber.

-Complaint, from city court of Cordele — Judge' Strozier. July 16, 1908.

Submitted November 12,

Decided December 22, 1908.

*W. H. McKenzie,*for plaintiff. *Crum & Joms,*for defendant.

*Powell, J.*

*1. The*unconditional acceptance of an article bought under an express warranty usually operates as a waiver of such defects as were within the actual knowledge of the purchaser at the time of the acceptance; but if, at the time the article is tendered to the purchaser, and before final acceptance, he, upon discovering defects, complains of them, arid the Seller tells him to retain and pay for the article, and that he will remedy the defects, a waiver of warranty does not result from such an acceptance, nor from partial payments -made thereafter.

2. The- jury was authorized to find, in the present ease, that the defendant bought a piano under an express warranty, that it was defective when it was placed in his house, that he immediately notified the seller, that . the seller promised to remedy all defects and insisted upon his retaining’ the instrument, that he did so retain it, and, upon the promises so made him, continued to make payments until he paid a sum equal to the purchase-price, less the damages that ensued from the breach of the warranty, and that the seller never complied with its promises to remedy the defects. Hence, the verdict rendered in favor of the defendant, who was sued for the unpaid balance of the purchase-money, is •sustainable. *Judgment aflwmed.*
C HIEF J USTICE

C AROLYN W RIGHT

J USTICES

D AVID L. B RIDGES

M OLLY F RANCIS

D OUGLAS S. L ANG

E LIZABETH L ANG

- M IERS

R OBERT M. F ILLMORE

L ANA M YERS

D AVID E VANS

A DA B ROWN

C RAIG S TODDART

B ILL W HITEHILL

D AVID J. S CHENCK

J ASON B OATRIGHT L ISA M ATZ

C LERK OF THE C OURT

(214) 712

- 3450

theclerk@5th. txcourts.gov

G AYLE H UMPA

B USINESS A DMINISTRATOR

(214) 712

- 3434

gayle.humpa@5th.txcourts.gov

F ACSIMILE

(214) 745

- 1083

I NTERNET

WWW

. TXCOURTS

. GOV /5 THCOA

. ASPX 

# Court of Appeals

Fifth District of Texas at Dallas

600 C OMMERCE S TREET

, S UITE 200

D ALLAS

, T EXA S 75202

(214) 712

- 3400



## June 7, 2018

Franklin Yates

TDCJ# 02141758

Lynaugh Unit

1098 S. Hwy 2037

Ft. Stockton, TX 79735

RE: Court of Appeals Number: 05

- 17

- 00686

- CR

Trial Court Case Number: 15

- 10580

- 86

- F

Style: Franklin Edward Yates v. The State of Texas

Dear Mr. Yates :

T he Court is in receipt of your letter postmarked May 23, 2018. Please be advised that

the briefs have been filed and the above appeal will be submitted in due course, most likely in

the fall of 2018.

Regarding your other question, the Court cannot give legal advice. We regret we are

unable to assist you in that matter.

Respectfully,

/s/ Lisa Matz, Clerk of the Court

LM/cg
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                             DEC-31-1996 
<PERIOD-START>                                JAN-01-1996 
<PERIOD-END>                                  SEP-30-1996 
<CASH>                                            206,266 
<SECURITIES>                                            0 
<RECEIVABLES>                                   4,847,282 
<ALLOWANCES>                                      136,889 
<INVENTORY>                                     8,078,483 
<CURRENT-ASSETS>                               13,476,085 
<PP&E>                                          2,693,910 
<DEPRECIATION>                                  1,273,822 
<TOTAL-ASSETS>                                 15,383,017 
<CURRENT-LIABILITIES>                          11,738,191 
<BONDS>                                                 0 
<PREFERRED-MANDATORY>                                   0 
<PREFERRED>                                             0 
<COMMON>                                           39,300 
<OTHER-SE>                                      2,679,789 
<TOTAL-LIABILITY-AND-EQUITY>                   15,383,017 
<SALES>                                        14,848,613 
<TOTAL-REVENUES>                               15,982,628 
<CGS>                                          13,798,052 
<TOTAL-COSTS>                                   4,647,597 
<OTHER-EXPENSES>                                        0 
<LOSS-PROVISION>                                        0 
<INTEREST-EXPENSE>                               (579,808) 
<INCOME-PRETAX>                                (3,042,829) 
<INCOME-TAX>                                     (235,136) 
<INCOME-CONTINUING>                            (2,463,021) 
<DISCONTINUED>                                          0 
<EXTRAORDINARY>                                         0 
<CHANGES>                                               0 
<NET-INCOME>                                   (3,277,965) 
<EPS-PRIMARY>                                       $(.83) 
<EPS-DILUTED>                                       $(.83) 
                                              


</TABLE>
[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Page 55409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18860]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Cancellation of Meeting

    Notice is hereby given of the cancellation of the Center for 
Scientific Review Special Emphasis Panel, September 29, 2005, 8:30 a.m. 
to September 30, 2005, 5 p.m., The Watergate, 2650 Virginia Avenue, 
NW., Washington, DC 20037 which was published in the Federal Register 
on August 24, 2005, 70 FR 49663-49664.
    The meeting is cancelled due to the reassignment of the 
applications.

    Dated: September 13, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-18860 Filed 9-20-05; 8:45 am]
BILLING CODE 4140-01-M
Richard O'Neal, Employee v. Inline Fluid Power, Inc. & Automotive Parts Co., Inc., Employer and Auto Owners Insurance Company, Carrier

No. 261PA15

Supreme Court of North Carolina.

April 13, 2016.

Leonard T. Jernigan, Jr., Attorney at Law, Raleigh, Kristina Brown Thompson, Attorney at Law, M. Hayes Jernigan, Attorney at Law, for O'Neal, Richard.

Viral V. Mehta, Attorney at Law, Jordan A. Benton, Attorney at Law, Carl M. Short, III, Attorney at Law, Charlotte, for Inline Fluid Power, Inc. & Automotive Parts Co., Inc., et al.

*ORDER*

Upon consideration of the Plaintiff's Petition for Discretionary Review, the Plaintiff's Petition for Discretionary Review is allowed as to issue number two only. The petition is denied as to any remaining issues. Further, Plaintiff's Motion to Amend Petition for Discretionary Review is allowed; Plaintiff's Motion to Strike Response to Motion to Amend Petition for Discretionary Review is denied.

By order of this Court in Conference, this 13thday of April, 2016.
# C_2009180EN.01004501.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/45 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/45

---

Judgment of the Court of First Instance of 17 June 2009 — Portugal v Commission

(Case T-50/07) (1)

1

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Arable crops - Durum wheat - Period of 24 months - First communication referred to in Article 8(1) of Regulation (EC) No 1663/95 - On-the-spot checks - Remote sensing - Effectiveness of checks - Results of checks - Corrective action to be taken by the Member State concerned - Existence of financial harm to the EAGGF)

2009/C 180/82

Language of the case: Portuguese

Parties

Parties

Applicant: Portuguese Republic (represented by: L. Fernandes, P. Barros da Costa, Agents, assisted by M. Figueiredo, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: P. Guerra e Andrade and F. Jimeno Fernández, Agents)

Defendant:

Re:

Re:

Application for partial annulment of Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96), in so far as it excludes from Community financing certain expenditure incurred by the Portuguese Republic in the sector of arable crops (durum wheat).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund EAGGF in so far as that decision excludes in respect of the Portuguese Republic certain expenditure incurred in the sector of arable crops (durum wheat) during the marketing year 2003; |
| --- | --- |

1.

Annuls Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund EAGGF in so far as that decision excludes in respect of the Portuguese Republic certain expenditure incurred in the sector of arable crops (durum wheat) during the marketing year 2003;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 95, 28.4.2007.

1

---
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 15-2275

___________________________

Sherry McDaniel

lllllllllllllllllllll Plaintiff - Appellant

v.

Kraft Global Foods

lllllllllllllllllllll Defendant - Appellee

____________

Appeal from United States District Court 

for the Western District of Missouri - Springfield

____________

 Submitted: January 13, 2016

Filed: February 1, 2016

[Unpublished]

____________

Before WOLLMAN, ARNOLD, SMITH, Circuit Judges. 

____________

PER CURIAM.

Sherry McDaniel appeals after the district court dismissed her Title VII 1

complaint as barred by the statute of limitations. Upon de novo review, we conclude

The Honorable M. Douglas Harpool, United States District Judge for the

1

Western District of Missouri.
that the dismissal was proper, as McDaniel’s own filingsshowed thatshe brought her

lawsuit more than ninety days after receiving a right-to-sue notice from the Equal

Employment Opportunity Commission, and tolling of the limitations period was not

warranted. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day limitations period);

Richter v. Advance Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012) (explaining

application ofstatute of limitation); Garfield v. J.C. Nichols Real Estate, 57 F.3d 662,

666 (8th Cir. 1995) (discussing equitable tolling); see also Schaaf v. Residential

Funding Corp., 517 F.3d 544, 549 (8th Cir. 2008) (de novo standard of review).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
**Exhibit32.1**

**Certification Pursuant to Section1350 of Chapter 63**

**Of Title18 of the United States Code**

I, Patricia M. Newman,hereby certify, pursuant to 18 U.S.C Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, in my capacity as the principalexecutive officer of Westaff, Inc. (the “Company”), that, to the best of myknowledge;

(1)                                  TheQuarterly Report of the Company on Form 10-Q for the period ended July 8, 2006as filed with the Securities and Exchange Commission on the date hereof (the “Report”),fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date:       August  22, 2006 |   |
|------------------------------------------------------------|--------|
|                                                       |   |   |   |
|                                                       |   | By: |     /s/ Patricia M. Newman |   |
|                                                       |   | Patricia M.  Newman |   |
|                                                       |   | President and  Chief Executive Officer |   |
|                                                            |        |  |  |  |

 

 

A signed originalof this written statement required by Section 906has been provided to Westaff, Inc. and will be retained by Westaff, Inc. andfurnished to theSecurities and Exchange Commission or its staff upon request.

----
----

            COMMISSION REGULATION (EC) No 225/2006

of 8 February 2006         

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 9 February 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 February 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)OJ L 141, 24.6.1995, p. 16. Regulation as last amended by Regulation (EC) No 624/98 (OJ L 85, 20.3.1998, p. 5).

(3)OJ L 170, 1.7.2005, p. 35.

(4)OJ L 32, 4.2.2006, p. 39.

----

ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99  applicable from 9 February 2006

----

(1)  Fixed for the standard quality defined in Annex I.II to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(2)  Fixed for the standard quality defined in Annex I.I to Regulation (EC) No 1260/2001.

(3)  Fixed per 1 % sucrose content.

----
<PAGE>   1

                                 EXHIBIT 4.2

                  MODIFICATION TO $40,000,000 REVOLVING TERM
                      PROMISSORY NOTE AND LOAN AGREEMENT

                                                              Lincoln, Nebraska

     THIS AGREEMENT is entered into by and between Supertel Hospitality, Inc., 
a Delaware corporation (hereinafter referred to as "Borrower"), and First Bank,
National Association, Lincoln, Nebraska (hereinafter referred to as "Bank").

     WHEREAS, the Borrower has previously made, executed and delivered to
the Bank a Revolving Term Promissory Note and Loan Agreement (Modified and      
Extended) in the principal amount of Forty Million Dollars ($40,000,000.00),
dated December 30, 1996 (herein "Revolving Note"), and

     WHEREAS, the Revolving Note has been modified by the parties by the
execution of various modifications since the December 30, 1996 date of the
Revolving Note, and

     WHEREAS, the parties, by this document, intend to fully set forth all
current modifications to the Revolving Note.

     NOW, THEREFORE, in consideration of the foregoing and the covenants
contained herein, the parties agree as follows:

     1.   The maximum principal amount of the Revolving Note has been and is 
          reduced from Forty Million Dollars ($40,000,000.00) to Twenty-Five 
          Million Dollars ($25,000,000.00).

     2.   The maturity date of the Revolving Note shall be June 1, 1999.

     3.   Effective May 1, 1997, and on the first day of each month thereafter,
          the interest rate shall be based on the Reuter's 30 Day LIBOR rate  
          (the "Index") plus a margin of 1.75 percentage points (1.75%).  As 
          applied to said date, the Index was 5.7% per annum resulting in an 
          interest rate effective May 1, 1997 of 7.45%.  In the event 
          publication of the foregoing Index is discontinued, the interest 
          rate shall be based upon an alternative comparable rate index 
          selected by Bank, in its sole discretion.

     4.   The Revolving Note as so modified may be referred to as the Modified 
          Revolving Note.

     5.   This modification supersedes any and all prior modifications to the 
          Revolving Note. All of the covenants and provisions of the Revolving  
          Note not expressly modified herein remain in full force and effect.

     DATED this 24th day of June, 1997.

FIRST BANK, NATIONAL ASSOCIATION                SUPERTEL HOSPITALITY, INC.
                                                A Delaware Corporation

BY: /s/ Gerald L. Holscher                      BY: /s/ Paul J. Schulte
TITLE:  Senior Vice President                   TITLE:  President
TRUHAN v. WALSTON, et al.

No. 364P14-1.

Supreme Court of North Carolina.

June 10, 2015.

Ann C. Ochsner, Raleigh, for Walston, Susan P.

Bryan T. Simpson, Natalia K. Isenberg, Raleigh, for Truhan, Daniel, et al.

Timothy W. Wilson, Rocky Mount, for North Carolina Farm Bureau Mutual Insurance Company.

M. Greg Crumpler, Rocky Mount, for United Services Automobile Association.

Thomas H. Morris, Wilson, for Walston, Susan P., et al.

Donald E. Clark, Jr., Goldsboro, for Walston, David M.

James D. Secor, III, for Argonaut Great Central Insurance Company.

Jonathan M. Smith, Goldsboro.

Donald J. Dunn, Goldsboro, for Truhan, Daniel Joseph.

Fred Baggett, Amy Y. Bason, General Counsel, for N.C. Association of Chiefs of Police.

Wanda M. Copley, County Attorney, Sharon J. Huffman, Assistant County Attorney, for New Hanover County.

Lowell L. Siler, Durham, for Durham County.

Angela I. Carmon, for City of Winston Salem.

*71R. Michael Cox, Pasquotank County Attorney, for Pasquotank County.

Debra Bechtel, for Catawba County.

Sam Shames, for Gaston County.

John F. Henning, Jr., Franklin, for Town of Franklin.

Wesley L. Deaton, for Lincoln County.

Huey B. Marshall, for Brunswick County.

Edmond W. Caldwell, Jr., Executive Vice President and General Counsel, for N.C. Sheriffs' Association.

Leon M. Killian, III, Raleigh, for Haywood County.

Chester M. Jones, Franklin, for Macon County.

**Opinion**

The following order has been entered on the motion filed on the 22nd of April 2015 by Macon County for leave to file Amicus Curiae Brief:

> "Motion Dismissed as moot by order of the Court in conference, this the 10th of June 2015."
113TH CONGRESS 

2D SESSION H. R. 3811 

AN ACT 

To require notification of individuals of breaches of personally identifiable information through Exchanges under 

the Patient Protection and Affordable Care Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 3811 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Exchange Secu3 rity and Transparency Act of 2014’’. 

4 SEC. 2. NOTIFICATION OF INDIVIDUALS OF BREACHES OF 

5 PERSONALLY IDENTIFIABLE INFORMATION 

6 THROUGH PPACA EXCHANGES. 

7 Not later than two business days after the discovery 

8 of a breach of security of any system maintained by an 

9 Exchange established under section 1311 or 1321 of the 

10 Patient Protection and Affordable Care Act (42 U.S.C. 

11 18031, 18041) which is known to have resulted in person12 ally identifiable information of an individual being stolen 

13 or unlawfully accessed, the Secretary of Health and 

14 Human Services shall provide notice of such breach to 

15 each such individual. 

Passed the House of Representatives January 10, 

2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. R. 3811 

AN ACT 

To require notification of individuals of breaches of 

fordable Care Act. changes under the Patient Protection and Afpersonally identifiable information through Ex-
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

September 26, 2008

Ms. Renuka V. Jain

Renuka V. Jain & Associates, P.C.

P.O. Box 3265

Sugarland, TX 77487-3265

Mr. J. Cary Gray

Looper Reed & McGraw, P.C.

1300 Post Oak Blvd., Suite 2000

Houston, TX 77056

RE:Case Number:  06-0162

Court of Appeals Number:  14-04-00790-CV

Trial Court Number:  2002-25431

Style:DONALD DAVIS

v.

FISK ELECTRIC COMPANY, FISK TECHNOLOGIES & FISK MANAGEMENT, INC.

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinions and judgment in the above-referenced cause.  

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 06-0162Page 1**