alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HELEN MAY MILLS v. CITY OF CHARLOTTE.

(Filed 27 November, 1940.)

Municipal Corporations § 14—

Tbe complaint alleged that defendant municipality blocked tbe sidewalk and part of tbe street with dirt from an excavation and that when plaintiff attempted to walk around same, sbe stepped into tbe traveled portion of tbe street and was struck and injured by a motorist. *Held:*Defendant’s demurrer was properly sustained under authority of *Newell v. Darnell.*209 N. C.. 254.

*565Appeal by plaintiff from *Phillips, J.,*at April Term, 1940, of MecK-ILENBURG.

*H. Haywood Robbins,*Or. *T. Carswell, and Joe W. Ervin for plaintiff, appellant.*

*J. M. Scarborough for defendant, appellee.*

Per CubiaM.

The complaint alleges in effect that the defendant negligently excavated a large hole across and under the sidewalk in the eleven hundred block on the east side of North Tryon Street in the city of Charlotte and negligently threw and left the dirt from the hole in such a manner as to block the sidewalk, the space between the sidewalk and the curb of the street, and about one-third of the vehicular traveled portion of the street, in such a manner as to require a pedestrian going south on said sidewalk to walk out into the portion of the street used for vehicular traffic; and that the plaintiff was walking southward on the east sidewalk of North Tryon Street, and upon reaching the obstruction caused by the excavation and dirt attempted to go around it by walking out into the vehicular traveled portion of the street, and when out in such portion of said street she was run down and injured by an automobile which was also going southward and passing another automobile iii said street; and that said negligence of the defendant was the proximate cause of her injury. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against the city for the reason it appeared therefrom that the alleged negligence of the defendant was not the proximate cause of the alleged injury of the plaintiff. The court sustained the demurrer and signed judgment accordingly, from which plaintiff appealed, assigning as error the action of the court.

We are of the opinion, and so hold, that the ruling and judgment of his Honor, upon the authority of *Newell v. Darnell,*209 N. C., 254, were correct.

Affirmed.
```
[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Page 8076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3403]

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

DEPARTMENT OF LABOR
[NAFTA-00271]

Nalley's Fine Foods, Tacoma, Washington; Amended Certification 
Regarding Eligibility To Apply for NAFTA Transitional Adjustment 
Assistance

    In accordance with Section 250(a), Subchapter D, Chapter 2, Title 
II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), the 
Department of Labor issued a Certification for NAFTA Transitional 
Adjustment Assistance on December 9, 1994, applicable to all workers of 
Curtice Burns Foods, Incorporated, a Division of Nalley's Fine Foods in 
Tacoma, Washington. The certification was published in the Federal 
Register January 3, 1995 (60 FR 149).
    The Department, on its own motion, reviewed the certification for 
workers of the subject firm. The investigation findings show that the 
scope of the investigation is limited to Nalley's Fine Foods in Tacoma, 
Washington. Accordingly, the Department is amending the certification 
to properly reflect this matter.
    The amended notice applicable to NAFTA-00271 is hereby issued as 
follows:

    All workers of Nalley's Fine Foods, Tacoma, Washington who 
became totally or partially separated from employment on or after 
December 8, 1993 are eligible to apply for NAFTA-TAA under Section 
250 of the Trade Act of 1974.

    Signed in Washington, DC, this 31st day of January 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-3403 Filed 2-9-95; 8:45 am]
BILLING CODE 4510-30-M
```
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 18

- 00463

- CR

Gail MAYBERRY

, Appellant

v.

The STATE of Texas, Appellee

From the 218th Judicial District Court, Wilson County, Texas

Trial Court No. 09

- 05

- 0041

- CRW Honorable Donna S. Rayes, Judge Presiding

BEFORE JUSTICE MARTINEZ

, JUSTICE ALVAREZ , AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, the judgment of the trial court is MODIFIED to delete any assessment of court

- appointed attorney’s fees against Gail Ma yberry. The trial court’s judgment is AFFIRMED AS MODIFIED. The trial court clerk is ORDERED to prepare and file in this case a corrected bill of costs showing that no fine, restitution, or court

appointed attorney’s fees are assessed against Gail Mayberry

.

Nohl Bryant’s motion to withdraw is GRANTED.

SIGNED April 10, 2019.

_____________________________ Liza A. Rodriguez, Justice
#### MRS. ETTA HAYES v. CITY OF HICKORY.

(Filed 1 November, 1935.)

Appeal and Error J d—

Wliere the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal from *Phillips, J.,*at February Term, 1935, of Catawba.

The defendant city is the appellant from a judgment that the plaintiff have and receive of it the sum of $3,500 as damages for a permanent easement to maintain and operate a sewage disposal plant upon its lands adjoining the lands of the plaintiff and to discharge the effluent from .said plant into Clark’s Creek, and for discharging the defendant from .any further liability for damages to the lands of the plaintiff by reason of the maintenance and operation of said sewage disposal plant. The appellant does not contend that there is no liability from it to the plaintiff, but does contend that the verdict and judgment is excessive.

*L. A. Whitener, Chas. W. Baghy, and C. D. Swift for plaintiff, ap-pellee.*

*W. A. Self, W. B. Councill, and Bddy S. Merritt for defendant, appellant.*

Pee CueiaM.

The Court being evenly divided in opinion, *Justice Brogden*not sitting, the judgment of the Superior Court is affirmed, and .stands as the decision in this case without becoming a precedent. *Trust Co. v. Hood, Commissioner of Banks,*207 N. C., 862; *Nebel v. Nebel,*201 N. C., 840, and cases there cited.

Affirmed.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1998
<PERIOD-END>                              JUN-30-1998
<CASH>                                    140,077,423
<SECURITIES>                                        0         
<RECEIVABLES>                               9,177,444
<ALLOWANCES>                                1,298,000
<INVENTORY>                                         0
<CURRENT-ASSETS>                          148,340,971 
<PP&E>                                     32,188,565
<DEPRECIATION>                            (2,079,666)
<TOTAL-ASSETS>                            184,023,149
<CURRENT-LIABILITIES>                       3,186,621
<BONDS>                                   156,624,309
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        1,150
<OTHER-SE>                                 23,852,106
<TOTAL-LIABILITY-AND-EQUITY>              184,023,149
<SALES>                                    13,180,491 
<TOTAL-REVENUES>                           13,180,491
<CGS>                                      10,542,002         
<TOTAL-COSTS>                              10,542,002 
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                        (3,563,079)
<INCOME-PRETAX>                             (924,590)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                         (924,590)
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                (924,590)
<EPS-PRIMARY>                                 (10.47)
<EPS-DILUTED>                                 (10.47)
        


</TABLE>
<PAGE>
EXHIBIT 3.1


                            CERTIFICATE OF AMENDMENT
                                       OF
                          CERTTIFICATE OF INCORPORATION
                                       OF
                               NUWAY MEDICAL INC.

                     Pursuant to Section 242 of the Delaware
                             General Corporation Law

     NuWay Medical Inc., a corporation organized and existing under the
General Corporation Law of the State of Delaware (the "Corporation"), hereby
certifies
as follows:

     FIRST:  The Corporation's original Certificate of Incorporation was filed
with the Secretary of State of the State of Delaware on September 19, 1991.

     SECOND:  That the Board of Directors of the Corporation approved by
unanimous written consent, filed with the minutes of the Board on July 19, 2002,
and duly adopted a resolution authorizing and directing (i) the creation of
Class A Preferred Stock, and increasing the number of shares of said Class A
Preferred Stock from -0- to 25,000,000 (twenty five million) and (ii) increasing
the number of shares for it's Common Stock (single class) from 15,000,000 to
100,000,000 (one hundred million) shares, each action done in accordance with
the provisions of section 151 of the General Corporation Law of the State of
Delaware.  This action by the Board is referred to herein as the "Authorized
Shares Amendment".

     THIRD:  That on August 12, 2002, pursuant to Delaware General Corporation
law sections 242 and 222, a majority of the Corporation's stockholders approved
the Authorized Shares Amendment, and issued and approved a Consent documenting
said approval.

     FOURTH:  The Certificate of Incorporation of the Corporation be, and it
hereby is, amended to include a second class of stock designated as "Preferred
Stock".  The class of stock designated in the initial Certificate of
Incorporation shall be designed [sic] as "Common Stock."  The total number of
shares of capital stock which the Corporation is authorized to issue is
125,000,000 shares, 100,000,000 shares of which shall be Common Stock, and
25,000,000 shares shall be Preferred Stock all with a par value of .00067.

     IN WITNESS WHEREOF, said Nuway Medical Inc. has caused this certificate to
be signed by Dennis Calvert its President, this 26th Day of December 2002.

        /s/
        Signed  ______________________________
        Dennis  Calvert  President
        Nuway  Medical  Inc.


                                        STATE  OF  DELAWARE
                                        SECRETARY  OF  STATE
                                        DIVISION  OF  CORPORATIONS
                                        FILED  7:30  PM  12/26/2002
                                        0208008980-02274303

<PAGE>
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 19

- 00112

- CR

J OEY A BRAHAM M OOSO

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from Criminal District

Court No. 2

of T arrant County (1550423D)

October 24, 2019

Opinion by Chief Justice Sudderth

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial court’s judgment. It is ordered that the judgment o f the trial

court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By __ /s/ Bonnie Sudderth

________________ Chief Justice Bonnie Suddert h
#### Selden Fish v. Charles Gilbert Wheeler.

*Practice—Judgment by Default—Undisposed-of Demurrer.*

It is improper to render a judgment by default, while a demurrer to (he declaration is on file and undisposed of.

[Opinion filed April 3, 1889.]

In error to the Superior Court of Cook County; the Hon. Rollin S. Williamson, Judge, presiding.

Mr. Frank Ives, for plaintiff in error.

Mr. Henry M. Pierce, for defendant in error.

Gary, J.

There is no way to avoid reversing this judgment. A default was taken and judgment thereon entered, with a demurrer to the. declaration on file. Mason v. Abbott, 83 Ill. 445 and cases there bited; Parrott v. Goss, .17 Ill. App. 110.

*Reversed and remanded.*
Exhibit 32.2
 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)
  (3)
    
    The Report fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934; and(4)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 February 13, 2009
 /s/ GARY SIEGEL*Name:
    
    Gary SiegelTitle:
    
    Vice President, Finance
 
 *
    
    A signed original of this written statement required by Section 906 has been provided to Genta
Incorporated and will be retained by Genta Incorporated and furnished to the Securities and
Exchange Commission or its staff upon request.
II 

117TH CONGRESS 

1ST SESSION S. 3342 

To authorize additional district judgeships for the district of Colorado, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2021 

Mr. BENNET (for himself and Mr. HICKENLOOPER) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize additional district judgeships for the district 

of Colorado, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Colorado Judgeship 

5 Act’’. 

6 SEC. 2. ADDITIONAL DISTRICT JUDGESHIPS FOR THE DIS7 TRICT OF COLORADO. 

8 (a) ADDITIONAL DISTRICT JUDGESHIPS.—The Presi9 dent shall appoint, by and with the advice and consent 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3342 IS

1 of the Senate, 3 additional district judges for the district 

2 of Colorado. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table in section 133(a) of title 28, United States 

5 Code, is amended by striking the item relating to Colorado 

6 and inserting the following: 

‘‘Colorado ........................................................................................ 10’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
EXHIBIT 32.1



[CONRAD INDUSTRIES LOGO]



November 12, 2003



Securities and Exchange Commission

450 Fifth Street, NW

Washington, D.C. 20549



| | Re: |  | Conrad Industries, Inc.
| | --- |  | -----------------------

Certification of form 10-Q for
the quarter ended September 30, 2003, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Ladies and Gentlemen:



Conrad Industries, Inc. filed today, via EDGAR, its quarterly report on Form 10-Q for the quarter ended September 30, 2003. The undersigned Chief
Executive Officer and Chief Financial Officer of the Company certify that the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and that the information contained in the Form 10-Q fairly
presents, in all material respects, the financial condition and results of operations of the Company.



This certification is being furnished solely to comply with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and is being filed as an
exhibit to the Form 10-Q.



Very truly yours,Kenneth G. (Jerry) Myers, Jr. President and Chief Executive
Officer




Lewis J. Derbes, Jr. Vice President and Chief Financial Officer




32
<PAGE>
                                                                   Exhibit 10.03

                                 FIRST AMENDMENT
                                       TO
          COOPERATIVE COMPUTING HOLDING COMPANY, INC. 1998 STOCK OPTION
                                      PLAN


This First Amendment to the Cooperative Computing Holding Company, Inc. 1998
Stock Option Plan (this "Amendment"), dated as of October 23, 2003, amends the
Cooperative Computing Holding Company, Inc. 1998 Stock Option Plan, effective as
of March 1, 1998, and amended June 14, 1999, (the "Plan").

WHEREAS, the Company has previously established the Plan, whereby Key Employees
and Eligible Non-Employees, as those terms are defined in the Plan, were
afforded the possibility of receiving options (the "Options") to purchase shares
of common stock, $0.000125 par value per share, of the Company;

WHEREAS, the Company subsequently amended its certificate of incorporation to
change its name to Activant Solutions Holdings Inc.; and

WHEREAS, the Company desires, pursuant to section 20 of the Plan, to amend the
Plan to reflect such name change.

NOW, THEREFORE, the Plan is amended as follows:

1. Amendment. All references to Cooperative Computing Holding Company, Inc. and
the Company in the Plan are hereby amended to refer to Activant Solutions
Holdings Inc., and the name of the Plan shall hereinafter be referred to as the
Activant Solutions Holdings Inc. 1998 Stock Option Plan.

2. Governing Law. This Amendment shall be governed by and construed and enforced
in accordance with the laws of the State of Delaware.

3. Headings. The headings contained herein are for convenience of reference only
and shall not control or affect the meaning or construction of any provision
hereof.

4. Inconsistencies. In the case of any inconsistencies between this Amendment
and the Plan, the terms of this Amendment shall govern.

5. Effect of Amendment. Except as amended hereby, the terms and provisions of
the Plan shall remain in full force and effect and are hereby in all respects
ratified and confirmed by the parties hereto. Any Options previously granted
pursuant to option agreements under the Plan shall remain in full force and
effect.


            [The remainder of this page is intentionally left blank.]




<PAGE>
IN WITNESS WHEREOF, this Amendment has been duly executed and delivered by the
undersigned, effective as of the day and year first written above.


                                      ACTIVANT SOLUTIONS HOLDINGS INC.



                                       By: /s/ RICHARD W. REW II
                                          --------------------------------------
                                       Name: Richard W. Rew II
                                            ------------------------------------
                                       Title: General Counsel & Secretary
                                             -----------------------------------
[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Notices]
[Page 66959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31268]



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


DEPARTMENT OF AGRICULTURE

Designation for the Grand Forks (ND) Area

AGENCY: Grain Inspection, Packers and Stockyards Administration 
(GIPSA).

ACTION: Notice.

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

SUMMARY: GIPSA announces the designation of Grand Forks Grain 
Inspection Department, Inc. (Grand Forks), to provide official 
inspection services under the United States Grain Standards Act, as 
amended (Act).

EFFECTIVE DATES: January 1, 1996.

ADDRESSES: Janet M. Hart, Chief, Review Branch, Compliance Division, 
GIPSA, USDA, Room 1647 South Building, P.O. Box 96454, Washington, DC 
20090-6454.

FOR FURTHER INFORMATION CONTACT: Janet M. Hart, telephone 202-720-8525.

SUPPLEMENTARY INFORMATION:
    This action has been reviewed and determined not to be a rule or 
regulation as defined in Executive Order 12866 and Departmental 
Regulation 1512-1; therefore, the Executive Order and Departmental 
Regulation do not apply to this action.
    Grand Forks Grain Inspection, Inc., asked that their designation be 
terminated effective December 31, 1995, due to a change in ownership 
and the dissolution of the company. In the September 5, 1995, Federal 
Register (60 FR 46108), GIPSA asked persons interested in providing 
official services in the Grand Forks area to submit an application for 
designation. Applications were due by September 11, 1995. Grand Forks 
Grain Inspection Department, Inc., the new corporation and the only 
applicant, applied for designation to provide official inspection 
services in the entire area specified in the September 5, 1995, Federal 
Register.
    GIPSA requested comments on the applicant in the October 6, 1995, 
Federal Register (60 FR 52366). Comments were due by November 2, 1995. 
GIPSA received no comments by the deadline.
    GIPSA evaluated all available information regarding the designation 
criteria in Section 7(f)(l)(A) of the Act; and according to Section 
7(f)(l)(B), determined that Grand Forks is able to provide official 
services in the geographic area for which they applied. Effective 
January 1, 1996, and ending December 30, 1996, Grand Forks is 
designated to provide official inspection services in the geographic 
area specified in the September 5, 1995, Federal Register.
    Official services may be obtained by contacting Grand Forks at 701-
772-0151.

    Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 
71 et seq.)

    Dated: December 19, 1995
Neil E. Porter
Director, Compliance Division
[FR Doc. 95-31268 Filed 12-26-95; 8:45 am]
BILLING CODE 3410-EN-F
#### David Levy and another, Respondents, v. Robert Solomon, Appellant.

Order affirmed, with ten dollars costs and disbursements.

Opinion by

Daniels, J.
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual Balance 

in 75th Year

Long-Range 

Actuarial 

Balance

Ann

Balan

75th 

-1.92% -5.70% 0.33% 0.27% -1.60% -5.4

Estimates based on the intermediate assumptions of the 2005 Trustees Report Office of the Chief Actu

Summary Measures and Graphs

Category of Change: Taxation of Benefits

Proposed Provision: Tax Social Security benefits in a manner similar to private pension incomin 2006. Phase out the lower-income thresholds during 2006-2015

January 4, 2006

Present Law Change From Present Law in Results with this prov

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

0.005.00

10.0015.0020.0025.00

2005 2015 2025 2035 2045 2055 2065 2075

Year

Percent

Cost rates with this provisionCost rates under present lawIncome rates with this provisionIncome rates under present law

OASDI tax rate schedule 

(employees and employers, each)

1993 and later 6.2%

OASDI Trust Fund Ratio

(assets as a percentage of annual expenditu

0

100200300400500600700800900

1000

2005 2015 2025 2035 2045 205

Year

Percent

Present law with thi
The Honorable Ortrie D. Smith, United States District Judge for the Western

*

District of Missouri, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-2253ND

_____________

Joe A. Jacobson, *

*

Appellant, * Appeal from the United States

* District Court for the District 

v. * of North Dakota.

*

Kenneth S. Apfel, Commissioner of * [UNPUBLISHED]

Social Security, *

*

Appellee. *

_____________

 Submitted: February 9, 1998

Filed: February 20, 1998

_____________

Before FAGG and MURPHY, Circuit Judges, and SMITH, District Judge. *

_____________

PER CURIAM.

Joe A. Jacobson appeals the district court's ruling upholding the Commissioner's

decision to deny Jacobson disability insurance benefits. After careful review of the

administrative record and the parties' briefs, we conclude substantial evidence supports

the decision of the Commissioner that Jacobson is not disabled for social security

purposes. Accordingly, we affirm the district court. See 8th Cir. R. 47B.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.