alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Hruby v. Paulina Vokoun.

1. Mechancis’ Liens—Sub-contractor.—Under Sec. 87, Oh. 83, R. S., entitled, “ Liens," it is a condition precedent to the maintenance df a suit by a sub-contractor, that money be due from the owner to the original contractor.

*1952. *Same—Extent of the*Sub-contractor.—Under Sec. 29, Ch. 82, R S. entitled " Liens,” an owner can not be compelled to pay (with certain exceptions) more than the original contract price for a building.

Memorandum.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard at the October term of this court, and affirmed.

Opinion filed December 20, 1894.

Jas. E. Cross, attorney for appellant.

Jones *&*Lusk, attorneys for appellee.

Mr. Justice Gary

delivered the opinion of the Court.

One Vaciar Hrdina made a contract with the appellee to build for her a house for $3,600. ' The appellant furnished hardware to Hrdina for the house, and $113 of the price remains unpaid.

For that he sued the appellee and Hrdina jointly under Sec. 37, Ch. 82, Liens. Hrdina died pending the suit, and a very serious question might be whether the suit thereafter could be prosecuted. It is not necessary to decide that question, for a condition precedent to the suit is, that money shall be due from the owner to the contractor.

Hrdina did not finish the house and the appellee employed others to complete it. If the provisions of section 45 apply to a suit under section 37, which it would seem difficult to maintain, as the distribution contemplated by section 45 could not be made in a personal suit under section 37, still under section 29 the owner is not to be compelled to pay, with certain exceptions, more than the original contract price, and here, upon the trial before the court without a jury, it appeared that the house had cost the appellee more than the original price, and it did not appear that at any time after the contract was made, was the appellee indebted to Hrdina; much less that she was so indebted at the time the appellant served notice upon her under section 30, or thereafter as contemplated by section 33. That notice was not served until some weeks after Hrdina had abandoned the work. The judgment must be affirmed.
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Page 71556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23398]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Final Supplemental Environmental Impact Statement; Elwha River 
Ecosystem Restoration Implementation; Olympic National Park, Clallam 
County, WA; Notice of Approval of Record of Decision

    Summary: Pursuant to section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)) and the 
regulations promulgated by the Council on Environmental Quality (40 CFR 
Part 1505.2), the Department of the Interior, National Park Service has 
prepared and approved a Record of Decision for the Final Supplemental 
Environmental Impact Statement (Final SEIS) for Elwha River ecosystem 
restoration at Olympic National Park. The Final SEIS supplements the 
1996 implementation EIS, and will serve as a blueprint in guiding 
implementation of the Elwhat River ecosystem restoration initiative as 
called for in the 1992 Elwha River Ecosystem and Fisheries Restoration 
Act. The Environmental Protection Agency's Federal Register published 
notification of the filing of the Final EIS on September 2, 2005.
    Decision: As soon as practical Olympic National Park will begin to 
implement the restoration strategies, mitigations, and projects 
identified and analyzed as the Preferred Alternative contained in the 
Final SEIS. This course of action and alternative options were 
addressed in the Final and Draft SEIS (the availability of the latter 
for public review was announced in the Federal Register on November 16, 
2004). The full range of foreseeable environmental consequences were 
assessed, and appropriate mitigation measures identified. Both a No 
Action alternative and ``environmentally preferred'' options were 
identified and analyzed.
    Copies: Interested parties desiring to review the Record of 
Decision may obtain a copy by contacting the Superintendent, Olympic 
National Park, 600 East Park Ave., Port Angeles, WA 98362; or via 
telephone request at (360) 565-3000.

    Dated: October 21, 2005.
Jonathan B. Jarvis,
Regional Director, Pacific West Region.
[FR Doc. 05-23398 Filed 11-28-05; 8:45 am]
BILLING CODE 4312-KS-M
Case 1:06-cv-15145-AKH Document 5 Filed 12/08/2006 Page 1 of 1
Case 1:07-cv-03383-PAC Document 6 Filed 05/16/2007 Page 1 of 4
Case 1:07-cv-03383-PAC Document 6 Filed 05/16/2007 Page 2 of 4
Case 1:07-cv-03383-PAC Document 6 Filed 05/16/2007 Page 3 of 4
Case 1:07-cv-03383-PAC Document 6 Filed 05/16/2007 Page 4 of 4
Case 1:07-cv-03384-JCF Document 6 Filed 06/18/2007 Page 1 of 1
```

[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Page 71265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23360]

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

DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Southwest Idaho Resource Advisory Committee Meeting.

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 106-393), the Boise and Payette 
National Forests' Southwest Idaho Resource Advisory Committee will 
conduct a business meeting, which is open to the public.

DATES: Tuesday, November 29, 2005, beginning at 10:30 a.m.

ADDRESSES: Idaho Counties Risk Management Program Building, 3100 South 
Vista Avenue, Boise, Idaho.

SUPPLEMENTARY INFORMATION: Agenda topics will include review and 
approval of project proposals, and is an open public forum.

FOR FURTHER INFORMATION CONTACT: Doug Gochnour, Designated Federal 
Officer, at 208-392-6681 or e-mail [email protected].

    Dated: November 21, 2005.
Richard A. Smith,
Forest Supervisor, Boise National Forest.
[FR Doc. 05-23360 Filed 11-25-05; 8:45 am]
BILLING CODE 3410-11-M
```
#### THOMPSON v. KYLES

No. 5PC

Case below: 48 N.C. App. 422

Petition by defendants for discretionary review under G.S. 7A-31 denied 7 October 1980.
#### IN RE CUSTODY OF COX

No. 183 PC.

Case below: 24 N.C. App. 99.

Petition for writ of certiorari to North Carolina Court of Appeals denied 4 February 1975.
**Exhibit 23.1**

 

CONSENT OF INDEPENDENT AUDITORS

 

Cubic Energy, Inc.

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-162390, 333-120388, 333-136374, 333-140013, 333-132341) of our report dated September 28, 2010, relating to the balance sheet of Cubic Energy, Inc. as of June 30, 2010 and 2009, and the related statements of operations, changes in shareholders’ equity, and cash flows for each of the three years in the period ended June 30, 2010, which report appears in this annual report on Form 10-K for the year ended June 30, 2010.

 
|                     | PHILIP   VOGEL & CO., PC |
|--------------------------|-----------------------------------|
|                     |                              |
|                     | /s/   Philip Vogel & CO., PC  |
|                     |                              |
| Dallas,   Texas          |                              |
| February 23,   2011 |                              |

 

----
[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Page 71332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23326]


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

JUDICIAL CONFERENCE OF THE UNITED STATES


Meeting of the Judicial Conference Advisory Committee on Rules of 
Bankruptcy Procedure

AGENCY: Judicial Conference of the United States, Advisory Committee on 
Rules of Bankruptcy Procedure.

ACTION: Additional day of open meeting.

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

SUMMARY: The meeting of the Advisory Committee on Rules of Bankruptcy 
Procedure has added one additional day. The meeting will be held on 
March 8-10, 2006. The tree-day meeting will start each day at 8:30 
a.m., and will be held at the University of North Carolina School of 
Law, Ridge Road, Van Hecke-Wettach Hall, in Chapel Hill, North 
Carolina. [Original notice of the meeting appeared in the Federal 
Register of September 13, 2005.]

FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, Rules Committee 
Support Office, Administrative Office of the United States Courts, 
Washington, DC 20544, telephone (202) 502-1820.

    Dated: November 21, 2005.
John K. Rabiej,
Chief, Rules Committee Support Office.
[FR Doc. 05-23326 Filed 11-25-05; 8:45 am]
BILLING CODE 2210-55-M
#### STATE v. LISK

No. 27.

Case below: 25 N.C. App. 659.

. Motion of Attorney General to dismiss appeal for lack of substantial 'constitutional question allowed 25 August 1975.
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Exhibit32.1

** **

** **

**Certification of CEO and CFO**

**Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

In connection withthe Annual Report on Form 10-K of Century Properties Fund XVI (the"Partnership"), for the fiscal year ended December 31, 2009 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the chief executive officer of the Partnership, andStephen B. Waters, as the equivalent of the chief financial officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   TheReport 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 Partnership.

 

 

This certificationis furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 and shall not be deemed filed by the Partnership for purposes of Section18 of the Securities Exchange Act of 1934, as amended.
#### STATE v. JOHNSON

No. 21 PC.

Case below: 8 N.C. App. 579.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 3 November 1970.
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------x

In re Chapter 11

Kollel Mateh Efraim, LLC Case No. 04-16410-cb

Debtor. 

--------------------------------------------------------------x

APPELLEES COUNTER-DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD

ON APPEAL

Helen-May Holdings, LLC, the fee owner and licensor herein (hereinafter referred to as “HelenMay” or “Appellee”) by its counsel the Law Offices of David Carlebach, Esq., as and for its CounterDesignation of Items to Be Included in the Record on Appeal hereby states as follows:

Counter-Designation of Items to Be Included in the Record on Appeal

1. Debtor Trial Exhibits – 3, 4, 5, 16, 21, 22, 24, 25, 29, 30, 32, 33, 35, 37.

2. HMH Trial Exhibits – 1 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16.

Dated: New York, New York

April 20, 2007

Helen-May Holdings

By its Counsel

LAW OFFICES OF DAVID

CARLEBACH, ESQ.

By: David Carlebach (DC-7350)

David Carlebach (DC-7350)

40 Exchange Place

New York, New York 10005

(212) 785-3041

Case 1:07-cv-03407-GBD Document 3 Filed 04/30/2007 Page 1 of 1
Case 1:07-cv-03427-NRB Document 4 Filed 04/30/2007 Page 1 of 2
Case 1:07-cv-03427-NRB Document 4 Filed 04/30/2007 Page 2 of 2
Case 1:06-cv-14860-AKH Document 5 Filed 12/08/2006 Page 1 of 1
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 1 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 2 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 3 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 4 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 5 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 6 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 7 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 8 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 9 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 10 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 11 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 12 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 13 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 14 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 15 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 16 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 17 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 18 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 19 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 20 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 21 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 22 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 23 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 24 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 25 of 26
Case 7:07-cv-03304-KMK-LMS Document 1 Filed 04/24/2007 Page 26 of 26
**Exhibit 32.1**

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

In connection withthe Annual Report of Symyx Technologies, Inc. (the “Company”) on Form 10-Kfor the period ended December 31, 2006 as filed with the Securities andExchange Commission (the “Report”), I, Steven D. Goldby, Chief ExecutiveOfficer of the Company, hereby certify as of the date hereof, solely forpurposes of Title 18, Chapter 63, Section 1350 of the United Stated Code,that to the best of my knowledge:

1)              The Report fullycomplies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and

2)              The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates andfor the periods indicated.

ThisCertification has not been, and shall not be deemed, “filed” with theSecurities and Exchange Commission.
|        | By:    | /s/ STEVEN D.  GOLDBY   |
|--------|--------|-------------------------|
|   |   | Steven D. Goldby        |
|   |   | Chairman of the Board,  |
|   |   | Chief Executive Officer |
|   |   | February 27, 2007  |

 

----
#### SPEARS v. DISTRIBUTING CO.

No. 143 PC.

Case below: 23 N.C. App. 445.

Petition for writ of certiorari to North Carolina Court of Appeals denied 30 December 1974.
UNITED STATES DISTRICT COURT .......... SOUTHERN DISTRICT OF NEW YORK ...................................................... X 

IN RE: Fosarnas Products LiabiIity 

Litigation 1 :06-md-1789 (JFK) 

ORDER 

Tilts Document Re1art.s to: All Actions 

SEE ATTACHED 

Case 1:07-cv-03459-JFK Document 8 Filed 09/12/2007 Page 1 of 2
Case 1:07-cv-03459-JFK Document 8 Filed 09/12/2007 Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-1644

In Re: TERRENCE MAURICE WHITAKER, 

 Petitioner. 

On Petition for Writ of Mandamus. (1:08-cv-00702-TDS-DPD) 

Submitted: October 21, 2009 Decided: November 16, 2009 

Before MOTZ, GREGORY, and SHEDD, Circuit Judges. 

Petition denied by unpublished per curiam opinion. 

Terrence Maurice Whitaker, Petitioner Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Terrence Maurice Whitaker petitions for a writ of 

mandamus, alleging the district court has unduly delayed acting 

on his 28 U.S.C. § 2254 (2006) habeas corpus petition. He seeks 

an order from this court directing the district court to act. 

Our review of the district court’s docket sheet reveals that the 

district court entered a final order and judgment granting 

summary judgment in favor of the respondent, dismissing the 

petition, and denying a certificate of appealability on 

September 30, 2009. Accordingly, because the district court has 

recently decided Whitaker’s case, we deny the mandamus petition 

as moot. We grant leave to proceed in forma pauperis. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

PETITION DENIED
Case 1:07-cv-03334-LBS     Document 8      Filed 08/24/2007     Page 1 of 2

Case 1:07-cv-03334-LBS     Document 8      Filed 08/24/2007     Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-26-1996
<PERIOD-START>                             OCT-29-1995
<PERIOD-END>                               JAN-27-1996
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    3,397
<ALLOWANCES>                                       432
<INVENTORY>                                      7,536
<CURRENT-ASSETS>                                13,660
<PP&E>                                           8,321
<DEPRECIATION>                                   6,277
<TOTAL-ASSETS>                                  18,067
<CURRENT-LIABILITIES>                           27,477
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,754
<OTHER-SE>                                    (20,994)
<TOTAL-LIABILITY-AND-EQUITY>                    18,067
<SALES>                                         11,979
<TOTAL-REVENUES>                                11,979
<CGS>                                           11,999
<TOTAL-COSTS>                                    1,324
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,010
<INCOME-PRETAX>                                (2,348)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,348)
<DISCONTINUED>                                      32
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,316)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
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 Quarterly Report of
PrimeEnergy Corporation (the Company) on Form 10-Q for the period ending September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Beverly A. Cummings, Chief Financial
Officer of PrimeEnergy Corporation, 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 result of operations of the Company.



|                                           
|-------------------------------------------
|/s/ Beverly A. Cummings                    
|Beverly A. Cummings Chief
Financial Officer
|November 15, 2010
Case 1:07-cv-03455-RJH Document 36 Filed 07/08/2008 Page 1 of 3Case 1:07-cv-03455-RJH Document 36 Filed 07/08/2008 Page 2 of 3Case 1:07-cv-03455-RJH Document 36 Filed 07/08/2008 Page 3 of 3