alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed June 28, 2019 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-19-00634-CV IN RE SANDRA CRENSHAW, Relator

On Appeal from Dallas County, Texas 

### MEMORANDUM OPINION Before Justices Brown, S chenck, and Reichek Opinion by Justice Reichek Relator Sandra Crenshaw has been declared a vexatious litigant and is prohibited from filing pro se any new litigation in a court of this State witho ut first obtaining permission from the local administrative judge. See T EX
. C IV
. P RAC
. & R EM
. C ODE A NN . §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a civil action for which the v exatious litigant statute applies. Cooper v. McNulty , No. 05-15-00801-CV, 2016 WL 609399 9, at *3 (Tex. App.—Dallas Oct. 19, 2016, no pet.) (mem. op.) (citing Retzlaff v. GoAmerica Commc’ns Corp. , 356 S.W.3d 689, 700 (Tex. App.—El Paso 2011, no pet.) (concluding under statutory d efinitions, “a person who seeks mandamus relief commences a civil action in the appellate court ”)); see also T EX
. C IV
. P RAC
. & R EM
. C ODE A NN . § 11.001(2) (defining “litigat ion” as “a civil action commenc ed, maintained, or pending in any state or federal court.”); Id. § 11.103(a) (the clerk of a court “may not file a litigation, original proceeding, appeal, or other claim present ed, pro se, by a vexatious litigant subject to a prefiling order” unl ess the litigant first obtains permission).–2– Crenshaw filed this original proceeding without first obtaining the required permission. By letter dated June 3, 2019, we ordered Crenshaw to file a cop y of an order from the local administrative judge giving her permission to file this origina l proceeding by June 13, 2019. We cautioned Crenshaw that failure t o provide the written verifica tion of permission to file may result in dismissal of this original pr oceeding for want of jurisdicti on without further notice. To date, relator has not provided this Court with a written ord er from the local administrative judge giving relator permission to file this ori ginal proceeding. Accordingly, we dismiss this original proceedi ng for lack of jurisdiction. See T EX
. C IV
. P RAC
. & R EM
. C ODE A NN
. § 11.1035(b) (the court “shall dism iss the litigation unless th e [vexatious litigant subject to a prefiling order] . . . obtains an order from the appropriate lo cal administrative judge described by Section 11.102(a) permitting the filing of the litigation”); see also In re Johnson , No. 03-13-00531- CV, 2013 WL 4822489, at *1 (Tex. App.—Austin Aug. 30, 2013, ori g. proceeding) (mem. op.) (dismissing petition for writ of mandamus when vexatious-litiga nt relator made no showing that he had obtained order from local administrative judge permittin g filing thereof); T EX
. R. A PP
. P. 42.3(a), 43.2(f).

190634F.P05 /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5067 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5067

To require the Federal Insurance Office to carry out a study on illegal 
           steering and redlining in the insurance industry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2014

   Mr. Clay introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
To require the Federal Insurance Office to carry out a study on illegal 
           steering and redlining in the insurance industry.

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

SECTION 1. STUDY ON INSURANCE STEERING AND REDLINING.

    (a) Study.--The Director of the Federal Insurance Office shall 
carry out a study to determine whether the insurance industry is 
engaging in the illegal practices of insurance steering or redlining. 
In carrying out such study, the Director shall investigate insurance 
products, pricing, promotions, and placement of services being offered 
to consumers in the United States.
    (b) Report.--Not later than the end of the 180-day period beginning 
on the date of the enactment of this Act, the Director shall issue a 
report to the Congress containing--
            (1) all findings and determinations made in carrying out 
        the study required under subsection (a); and
            (2) any legislative recommendations the Director may 
        determine appropriate.
                                 <all>
```
#### MARY A. BOWERS, Respondent, *v.*ALONZO BEEKMAN, Impleaded with others, Appellants.

Will— *construction of*— when *power of alienation illegally suspended.*

Appeal from an order overruling a demurrer to the complaint interposed by the defendant, Alonzo Bookman. The action was brought for the partition or sale of the premises described in the complaint; whether or not it could be maintained depended upon the validity of an attempted devise thereof.

Thomas Bcekman, the testator, died leaving seven children and real and personal property. The testator in his will says, that three of his children “ are well off as to wordly goods,” and that, therefore, he gives to each of them ten dollars as a remembrance. The will then provides as follows : “ As to all the rest, residue and remainder of my estate, real and personal, I give, devise and bequeath, in manner following, to my children, Alonzo, Malvina, Oscar and Amanda Matilda; the personal estate to bo divided between them or to be sold, and the moneys arising therefrom to be divided between them by my executors as they may think best. As to the real estate, the said Alonzo, Malvina, Oscar and Amanda Matilda to have and to hold the same for and during the life of the longest lives of them, they, during that time, equally to receive the rents, issue and profits thereof; and whereas my son Gerard holds real estate in common with me, and whenever he chooses to dispose of the same, which I give him hereby power to do, my portion of the proceeds of such sale to be placed out on good bond and mortgage on real estate by my executors, and the money arising from the interest thereof to be equally divided between my children, Alonzo, Malvina, Oscar and Amanda Matilda, or the survivor or survivors of them during the life of the longest lives.”

The court at General Term said: “It would seem that the testator designed to give nothing beyond ten dollars to the three children who were well off; but, in devising the real estate, he seems carefully to give only a life estate to the four remaining children. He seems so careful to do that, that in case of sale by *269the co-owner, tbe proceeds were to be put at interest, and the interest only to be paid to them during the life of the longest lives of them. The will goes no further. It does not dispose of the land after the end of the life estate, nor of the proceeds of the land, if the same should be sold by the joint-owner. The life estate in the land is not good. It suspends the power of alienation for more than two lives. There is no disposition of the fee after the life estate thus attempted to be created ends. The land must, therefore, have descended to the heirs-at-law, and the plaintiff’s complaint should be sustained.”

Judgment affirmed, with costs.

*P. L. McClellan,*for the appellant.

*Q. W. Pleasants,*for the respondents.

Opinion by

BarNArd, P. J.;

Gilbert, J., concurred; Dyk-maN, J., not sitting.

Order overruling demurrer affirmed, with costs and disbursements.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION OF AMERICAN SHARED HOSPITAL
SERVICES (THE "COMPANY") EXTRACTED FROM THE COMPANY'S UNAUDITED CONDENSED
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 2000 AND FROM THE COMPANY'S
UNAUDITED CONDENSED STATEMENT OF INCOME FOR THE PERIOD ENDED SEPTEMBER 30, 2000,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS IN
PART I, ITEM 1 OF THE COMPANY'S REPORT ON SECURITIES AND EXCHANGE COMMISSION
FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2000.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          13,125
<SECURITIES>                                         0
<RECEIVABLES>                                    1,886
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                15,454
<PP&E>                                          27,720
<DEPRECIATION>                                   7,071
<TOTAL-ASSETS>                                  36,303
<CURRENT-LIABILITIES>                            4,807
<BONDS>                                         16,801
<PREFERRED-MANDATORY>                            9,990
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       3,551
<TOTAL-LIABILITY-AND-EQUITY>                    36,303
<SALES>                                          6,707
<TOTAL-REVENUES>                                 6,707
<CGS>                                                0
<TOTAL-COSTS>                                    2,429
<OTHER-EXPENSES>                                 1,913
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,591
<INCOME-PRETAX>                                    951
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                951
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       951
<EPS-BASIC>                                      .25
<EPS-DILUTED>                                      .17


</TABLE>
CERTIFICATIONI, Kokmeng Koh, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-Drequired to be filed in respect of the period covered by this report on Form 10-K ofPrincipal Life Income Fundings Trust 26 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;  3. Based on my knowledge, all of the distribution, servicing and otherinformation required to be provided under Form 10-D for the period covered by thisreport is included in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required inthis report under Item 1123 of Regulation AB, and except as disclosed in the ExchangeAct period reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 28, 2007   /s/ Kokmeng Koh     Kokmeng Koh  Second Vice President
I 

113TH CONGRESS 

2D SESSION H. R. 4900 

To amend the Internal Revenue Code of 1986 to prevent veterans from 

being disqualified from contributing to health savings accounts by reason 

of receiving medical care for service-connected disabilities under programs 

administered by the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2014 

Mr. SAM JOHNSON of Texas introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to prevent 

veterans from being disqualified from contributing to 

health savings accounts by reason of receiving medical 

care for service-connected disabilities under programs administered by the Department of Veterans Affairs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Helping Veterans Save 

5 for Health Care Act of 2014’’. 


rfrederick on DSK7TPTVN1PROD with BILLS
2 

•HR 4900 IH

1 SEC. 2. VETERANS NOT DISQUALIFIED FROM HEALTH SAV2 INGS ACCOUNT BY REASON OF RECEIVING 

3 MEDICAL CARE FOR SERVICE-CONNECTED 

4 DISABILITIES UNDER PROGRAMS ADMINIS5 TERED BY THE DEPARTMENT OF VETERANS 

6 AFFAIRS. 

7 (a) IN GENERAL.—Section 223(c)(1) of the Internal 

8 Revenue Code of 1986 is amended by adding at the end 

9 the following new subparagraph: 

10 ‘‘(C) SPECIAL RULE FOR INDIVIDUALS ELI11 GIBLE FOR CERTAIN VETERANS BENEFITS.—An 

12 individual shall not fail to be treated as an eli13 gible individual for any period merely because 

14 the individual receives hospital care or medical 

15 services under any law administered by the Sec16 retary of Veterans Affairs for a service-con17 nected disability (within the meaning of section 

18 101(16) of title 38, United States Code).’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to months beginning after the date 

21 of the enactment of this Act. 

Æ 


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3
#### John W. Nicholson v. Peter Doney.

Agency—Sale—Ratification—Practice.

1. Receiving and collecting a check by a principal with knowledge that it was sent by his agent, as the proceeds of the sale of an article he was authorized to dispose of, amounts to a ratification of the sale.

2. Where injustice has been done, the verdict of a jury will be set aside.

[Opinion filed January 16, 1891.]

Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding.

Messrs. D. M. Hillis and M. O. Naramore, for appellant.

Messrs. Sherman & Finney, for appellee.

Gary, J.

Although this case has in it only questions of fact, the injustice of the result is so apparent, that the judgment must be reversed.

The appellee, in his testimony, claimed that he shipped from Joliet to the appellant in Chicago two second-hand boilers and one second-hand engine to be sold on commission.

The clear preponderance of the evidence is that the boilers never came to the possession of the appellant. As to the ■ engine, the appellant vainly sought a customer.

March 25, 1886, the appellee writes to the appellant, “If you will send me the money, take it for what it is worth to you, and I will send you a receipt for the same.” Again April 2, 1886, “Weren’t you afraid to give me $12 for that engine that you have in your possession ? Have sent letter from friend offering twenty or twenty-five dollars.” And four days later, “ Sell the engine to Frank or any one else and take out your pay for your trouble.”

The appellant sold it for $10, and sent a check for the whole *532amount, accompanied by a receipt for appellee to sign and return. The appellee collected the check, did not sign the receipt, but by letter denied the authority of appellant to sell at such a price and threatened suit.

The appellant forthwith informed the appellee that he could have the engine from the purchaser for the money, and requested him to come or send and get it. This the appellee refused to do. .

The appellee has recovered $150, which is outrageous, if he was entitled to recover at all. But he was not entitled to recover at all. Receiving and collecting the check, with knowledge that it was sent as the proceeds of the sale of the engine, was a ratification of the sale. If he chose to collect the check, he must accept the terms on which it was sent. Leiter v. Pike, 127 Ill. 287; McDaniels v. Bank of Rutland, 29 Vt. 230.

If the sale was without authority, the appellee had his elec-" tion to repudiate it, or ratify it; he could not “blow hot and cold with the same breath.” Yourt v. Hopkins, 24 Ill. 326.

The motion for new trial should have been sustained. The judgment is reversed and the cause remanded.

*Reversed a/tid remcmded.*
**EXHIBIT 32.1**

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OF SUMMIT BANCSHARES, INC.**

          Pursuant to Section 1350, Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I Philip E. Norwood, the Chairman, President and Chief Executive Officer of Summit Bancshares, Inc. (the “Corporation”) hereby certify that:

|   | (i)    | the   Quarterly Report on Form 10-Q for the quarter ended June 30, 2004 fully   complies with the requirements of section 13(a) or section 15(d) of the   Securities Exchange Act of 1934; and                            |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                      |
|   | (ii)   | the   information contained in the Quarterly Report on Form 10-Q for the quarter ended   June 30, 2004 fairly presents, in all material respects, the financial   condition and results of operations of the Corporation. |

Dated:  August 1, 2004

|   |   |   | /s/ PHILIP E. NORWOOD                             |
|--------|--------|--------|---------------------------------------------------|
|   |   |   |                                                   |
|   | Name:  |   | Philip E.   Norwood                               |
|   | Title: |   | Chairman,   President and Chief Executive Officer |
|   |   |   |                                              |
Summary of Named Executive Officer Compensation




 Exhibit 10.51 
 SUMMARY OF NAMED EXECUTIVE OFFICER COMPENSATION 
 Current Annual Base Salaries. The Compensation
Committee (the “Committee”) of the Board of Directors of Wolverine Tube, Inc. (the “Company”) has approved the following for 2009 annual base salaries for the Chief Operating Officer, the Chief Financial Officer and the Senior
Vice President, Sales and Customer Relations: 
  

				
	 Name and Position
	  	Current Annual
Base Salary
	 Harold M. Karp
President and Chief Operating Officer
	  	$	335,000
	 David A. Owen
Senior Vice President and Chief Financial Officer
	  	$	280,000
	 Garry K. Johnson
Senior Vice President, Sales and Customer Relations
	  	$	232,000

 Other. The above listed executive officers also participate in the Company’s executive
and regular benefit plans, programs and arrangements, including retirement and 401(k) plans, equity incentive plans and other plans, programs and arrangements as disclosed in the Company’s Form 10-K for the year ended December 31, 2008 as
filed with the Securities and Exchange Commission. 
  

 104
#### Phoeby J. Colby v. Edward J. Colby, by Guardian.

Motion granted.
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 Annual Report of TransAct Energy Corp. a Nevada corporation (the Company), on Form 10-K for the annual period ending December 31, 2011 as filed with the Securities and Exchange Commission (the Report), I, Rod Bartlett, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.   Date: April 13, 2012 /s/Roderick C. Bartlett Roderick C. Bartlett Chief Executive Officer