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

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5605 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5605

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2010

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 47 East Fayette Street in Uniontown, Pennsylvania, as the ``George 
                       C. Marshall Post Office''.

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

SECTION 1. GEORGE C. MARSHALL POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 47 East Fayette Street in Uniontown, Pennsylvania, shall be 
known and designated as the ``George C. Marshall Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``George C. 
Marshall Post Office''.

            Passed the House of Representatives September 30 
      (legislative day September 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
#### SARAH FERGUSON, RESPONDENT, v. JOSEPH MIKULSKY, APPELLANT.

Submitted January term, 1932

Decided April 26, 1932.

Before Justices Campbell, Lloyd and Bodine.

For the appellant, *Collins & Corbin.*

For the respondent, *Nathan A. Rubin.*

Pee Ctjeiam.

Plaintiff below slipped on an icy pavement in front of defendant’s garage and received injuries, brought suit against the owner, and recovered a judgment in the Second District Court of Hudson county. The defendant appeals and alleges that there was error in the refusal to nonsuit, refusal to direct a verdict in favor of the defendant, refusal to charge certain requests and in the charge itself.

*600We think either the nonsuit or direction of a verdict for the defendant should have been granted. The plaintiff's testimony established that the defendant's son on January 26th, 1929, made a pathway through snow and slush which had accumulated on the pavement fronting the defendant’s premises. At seven o'clock in the evening the plaintiff slipped in this pathway, fell and was injured. The plaintiff testified that the son was “just pushing it along like that and let the snow go whichever way it wanted to."

This was the proof on which negligence was predicated and we think it was insufficient. The case is precisely like and is controlled by *Arning*v. *Drudinq,*96 *N. J. L.*47; 114 *Atl. Rep.*158.

Our conclusion on this fundamental phase of the question makes it unnecessary to consider the remaining grounds of appeal.

The judgment is reversed.
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#### THE STATE OF NEVADA, Appellant, v. MICHAEL DAVID CRIST, Respondent.

No. 23235

December 11, 1992

843 P.2d 368

*Frankie Sue Del Papa,*Attorney General, Carson City; *Marshall S. Smith,*District Attorney, *John S. McGimsey,*Deputy District Attorney, and *Robert J. Lowe,*Deputy District Attorney, Elko County, for Appellant.

*Matthew J. Stermitz,*Elko, for Respondent.

OPINION

*Per Curiam:*

Appellant Michael Crist was arrested in Elko, Nevada, on January 2, 1992, for driving under the influence of alcohol. A *1059breath test disclosed a blood-alcohol level of .18. Crist was charged with felony DUI pursuant to NRS 484.3792(1)(c)1 because he had two prior DUI convictions. The prior offenses occurred in Idaho in February and July of 1991. On both occasions, Crist pleaded guilty to first-offense DUI pursuant to plea bargains.

The district court granted Crist’s motion to suppress the prior DUI conviction, thereby eliminating the basis for a felony prosecution. The lower court ruled that Nevada law precluded using the plea bargained first offenses to enhance the pending DUI charge to a felony.

On appeal, the State contends that the legislature intended the phrase “third or subsequent offense” to mean any three offenses irrespective of their designation. We are thus urged by the State to reconsider our holdings in State v. Smith, 105 Nev. 293, 774 P.2d 1037 (1989) and Perry v. State, 106 Nev. 436, 794 P.2d 723 (1990). This we decline to do.

In both *Smith*and *Perry,*we held that a second DUI conviction plea bargained to a first-offense status “must be treated as a first-offense DUI for all purposes,” including penalty enhancement. *Perry,*106 Nev. at 438, 794 P.2d at 725; *Smith,*105 Nev. at 299, 774 P.2d at 1041. In so ruling, we upheld the integrity of plea bargains and the reasonable expectations of the parties relating thereto. *Smith,*105 Nev. at 229, 774 P.2d at 1041, *citing*Van Buskirk v. State, 102 Nev. 241, 720 P.2d 1215 (1986).

We are persuaded that the *Smith-Perry*rule applies with equal force to out-of-state plea bargains. To hold otherwise would erode Nevada’s public policy in favor of honoring and enforcing plea bargains, and promote confusion among defendants allowed to enter such pleas.

For the reasons stated above, we affirm the order of the district court.2

1

 NRS 484.3792(1)(c) provides in pertinent part:

> Any person who violates the provisions of NRS 484.379 ... for a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.

2

 The Honorable John Mowbray, Chief Justice, did not participate in the decision of this appeal.
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## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 16

- 00449

- CR

Dustin Cole Clearman

v.

The State of Texas §

§

§

§

§ From the 78th District Court

o f Wichita County (57,414

- B )

May 24, 2018

Per Curiam

(nfp)



### JUDGMENT

This court has considered the record on appeal i n this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
Exhibit 32
                                                                      ----------


                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 Jaclyn, Inc.
(the "Company") for the fiscal quarter ended September 30, 2004 (the "Report"),
the undersigned each hereby certifies that: (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 results of
operations of the Company.


Dated: November 14, 2005               /s/ ROBERT CHESTNOV
                                       -----------------------------------------
                                       Robert Chestnov, President
                                       (Chief Executive Officer)


Dated: November 14, 2005               /s/ ANTHONY CHRISTON
                                       -----------------------------------------
                                       Anthony Christon, Chief Financial Officer


A signed original of this written statement required by Section 906 has been
provided to Jaclyn, Inc. and will be retained by Jaclyn, Inc. and forwarded to
the Securities and Exchange Commission or its staff upon request.
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**Exhibit 32.2**

**Certification of Chief Financial Officer of**

**Supreme Industries, Inc. Pursuant to**

**Section 906 of the Sarbanes-OxleyAct of 2002**

This certification isfurnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. 1350) and accompanies the Annual Report on Form 10-K (the “Form 10-K”)for the year ended December 30, 2006 of Supreme Industries, Inc. (the “Company”).  I, Jeffery D. Mowery, the Chief FinancialOfficer of the Company, certify that, based on my knowledge:

(1)                                  TheForm 10-K fully complies with the requirements of Section 13(a) or Section15(d) of the Securities Exchange Act of 1934; and

(2)                                  Theinformation contained in the Form 10-K fairly presents, in all materialrespects, the financial condition and results of operations of the Company asof and for the periods covered in this report.
| Dated: March 27, 2007   |   |
|-------------------------|--------|
|                    |
|                    |
| /s/ Jeffery D. Mowery   |   |
| Chief Financial Officer |

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staffupon request.

 

----
<PAGE>
                                                                      EXHIBIT 23

                 CONSENT OF CAWLEY, GILLESPIE & ASSOCIATES INC.


                                  [LETTERHEAD]

                                 March 25, 2003

Permian Basin Royalty Trust
Bank of America, N.A., Trustee
901 Main Street
Dallas, Texas

Gentlemen:

         Cawley, Gillespie & Associates, Inc. hereby consents to the use of the
oil and gas reserve information in the Permian Basin Royalty Trust Securities
and Exchange Commission Form 10-K for the year ending December 31, 2002 and in
the Permian Basin Royalty Trust Annual Report for the year ending December 31,
2002, based on reserve reports dated March 12, 2003 prepared by Cawley,
Gillespie & Associates, Inc.

                                   Submitted,


                                       /s/ CAWLEY, GILLESPIE & ASSOCIATES
                                   ------------------------------------------
                                      CAWLEY, GILLESPIE & ASSOCIATES, INC.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE SHEET AT
JUNE 30, 1997 AND THE STATEMENT OF INCOME AND THE STATEMENT OF CASH FLOWS FOR
THE SIX MONTHS ENDED JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    2,573,904
<OTHER-PROPERTY-AND-INVEST>                     44,384
<TOTAL-CURRENT-ASSETS>                         195,448
<TOTAL-DEFERRED-CHARGES>                       332,483
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               3,146,219
<COMMON>                                     1,065,634
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                             93,381
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,159,015
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           684,065
<SHORT-TERM-NOTES>                              10,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,293,139
<TOT-CAPITALIZATION-AND-LIAB>                3,146,219
<GROSS-OPERATING-REVENUE>                      292,617
<INCOME-TAX-EXPENSE>                             9,727
<OTHER-OPERATING-EXPENSES>                     229,538
<TOTAL-OPERATING-EXPENSES>                     244,719
<OPERATING-INCOME-LOSS>                         47,898
<OTHER-INCOME-NET>                               3,326
<INCOME-BEFORE-INTEREST-EXPEN>                  51,224
<TOTAL-INTEREST-EXPENSE>                        24,560
<NET-INCOME>                                    26,664
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                   26,664
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                       23,007
<CASH-FLOW-OPERATIONS>                          77,547
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>  UT
<MULTIPLIER> 1,000
<S>                                <C>
<PERIOD-TYPE>                      6-MOS
<FISCAL-YEAR-END>                      Dec-31-1999
<PERIOD-END>                           Jun-30-1999
<BOOK-VALUE>                             PER-BOOK
<TOTAL-NET-UTILITY-PLANT>               2,312,161
<OTHER-PROPERTY-AND-INVEST>               370,687
<TOTAL-CURRENT-ASSETS>                    169,869
<TOTAL-DEFERRED-CHARGES>                  170,499
<OTHER-ASSETS>                                  0
<TOTAL-ASSETS>                          3,023,216
<COMMON>                                  449,697
<CAPITAL-SURPLUS-PAID-IN>                  (1,668)
<RETAINED-EARNINGS>                       427,449
<TOTAL-COMMON-STOCKHOLDERS-EQ>            878,043
<PREFERRED-MANDATORY>                          62
<PREFERRED>                                89,000
<LONG-TERM-DEBT-NET>                      697,423
<SHORT-TERM-NOTES>                         14,748
<LONG-TERM-NOTES-PAYABLE>                       0
<COMMERCIAL-PAPER-OBLIGATIONS>             94,900
<LONG-TERM-DEBT-CURRENT-PORT>             190,441
<PREFERRED-STOCK-CURRENT>                       0
<CAPITAL-LEASE-OBLIGATIONS>                     0
<LEASES-CURRENT>                                0
<OTHER-ITEMS-CAPITAL-AND-LIAB>          1,061,164
<TOT-CAPITALIZATION-AND-LIAB>           3,023,216
<GROSS-OPERATING-REVENUE>                 407,681
<INCOME-TAX-EXPENSE>                       27,648
<OTHER-OPERATING-EXPENSES>                313,135
<TOTAL-OPERATING-EXPENSES>                340,783
<OPERATING-INCOME-LOSS>                    66,898
<OTHER-INCOME-NET>                          4,062
<INCOME-BEFORE-INTEREST-EXPEN>             70,960
<TOTAL-INTEREST-EXPENSE>                   33,939
<NET-INCOME>                               37,021
<PREFERRED-STOCK-DIVIDENDS>                 1,891
<EARNINGS-AVAILABLE-FOR-COMM>              35,130
<COMMON-STOCK-DIVIDENDS>                   51,375
<TOTAL-INTEREST-ON-BONDS>                  26,255
<CASH-FLOW-OPERATIONS>                     49,530
<EPS-BASIC>                                0.57
<EPS-DILUTED>                                0.57


</TABLE>
Case 1:06-cv-14939-AKH Document 4 Filed 12/08/2006 Page 1 of 1