alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harvey THOMPSON, Appellant, v. STATE of Missouri, Respondent.

No. WD 52245.

Missouri Court of Appeals, Western District.

June 25, 1996.

Jeannie Arterburn, Asst. Public Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for Respondent.

Before LOWENSTEIN, P.J., and HANNA and SPINDEN, JJ.

ORDER

PER CURIAM.

Movant filed a Rule 24.035 motion more than ninety days after being delivered to the Department of Corrections. The motion was dismissed as untimely. Affirmed. Rule 84.16(b).
#### C. S. Goss & Company, Respondent, v. James A. P. Ramsdell and Others, as *978Executors and Trustees under the Last Will of Homer S. Ramsdell, Deceased, Appellants.

Order affirmed, with ten dollars costs and disbursements. No opinion. Woodward, Jenks, Burr, Rich and Miller,. JJ., concurred.
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 Quarterly Report of Omni Bio Pharmaceutical, Inc. (the
“Company”) on Form 10-Q for the quarter ended June 30, 2009 (the “Report”), I,
Charles A. Dinarello, Acting Chief Executive Officer of the Company, hereby
certify that, to the best of 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 results of operations of the Company for the period
covered by this report.








Date:  July
      31, 2009
                /s/ Charles A. Dinarello,
      M.D.Charles
      A. Dinarello, M.D.Acting
      Chief Executive Officer
#### Lonnie Shawhart v. State

No. 25724.

February 27, 1952.

Hon. Richard D. Bird, Judge Presiding.

*James L. Cutcher,*Childress, for appellant.

*George P. Blackburn,*State’s Attorney, Austin, for the state.

BEAUCHAMP, Judge.

Appellant was convicted on a charge of possessing intoxicating liquor for the purpose of sale in a dry area and assessed a fine of $500.00 and sixty days in jail.

The record discloses that appellant and the county attorney failed to agree on a statement of facts and that the judge of Childress County prepared a statement of facts and filed the same.

*67A Mr. Hightower, father-in-law of appellant, resided on a farm in the northwest part of Childress County. Several officers who testified in the case went to the farm and asked permission to search the premises, which was granted with the exception of an unoccupied building situated near the residence which was generally used for farm hands. The officers searched this house and found fifty-two lugs, each containing eight half-pints of liquor.

The state called Mr. Hightower as a witness who stated that he rented the farm from the defendant. He worked it for a per cent of the crops. Defendant furnished the equipment used in the farming operations while the witness looked after the stock and the feed that was in the barn, as well as the crops. He said he had charge of the house he lived in and the barn and cow shed, but that he had no connection with the shack in which the liquor was found, though he did state that he kept cotton seed in the shack and a part of the time had his meat in it. He said that the defendant customarily came out to the farm once or twice a week, until his little boy got hurt, but had not been there for three or four weeks prior to the time the officers searched the premises. The shack was not in an inclosure and the witness said: “As far as I know, anyone could have put the liquor in the shack.” He admitted that he had as much opportunity to put the liquor there as anyone.

The defendant was not the owner of the land but apparently had acquired it from a Mr. Caviness who lives in Colorado.

No witness testified to ever having seen appellant in the shack where the liquor was kept. We fail to find in this evidence any circumstance indicating that appellant was in possession of the premises or the liquor. Mr. Hightower stated that the land belonged to Mr. Caviness who had visited the premises the previous year. The state did not ask the witness if he knew who had control of the shack.

In our view the state wholly failed to make a case by its evidence and the judgment of conviction is reversed and the cause is remanded.
**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 theAnnual Report on Form 10-K of ModusLink Global Solutions, Inc. (the “Company”) for the fiscal year ended July 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned,Steven G. Crane, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, 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;and 

(2) The information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company. 

Date: October 14, 2009
OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Hon. John B. Shook Criminal District Attorney SanAntonio, Texas Dear Sir: June 6, 1940

of Senate Bl



### ofthe Constitution of the State 

### ofTerm.



### RO:AW moLosuRB Tours very truly ATTORRBT

GESKSAL

bF TRUS APPBDW! @erald C. Mann1.1 Boer Carltan Awl&ant ATTORNBY

GRNEBAL

O? TEXAS AITROTRD

Opinion Oar d.ttrb By ~w Ohalrnn
Exhibit








Exhibit 10.12




Cash Compensation of Outside Directors


Cash Compensation of Non-Employee Directors is as follows:
Annual Retainer: $45,000
Additional Annual Retainer for Chairman of the Board: $30,000
Additional Annual Retainer for Audit Committee members:	
			
	Chairman:
	$20,000
	 

	Other members:
	$10,000
	 




Additional Annual Retainer for Compensation Committee members:	
			
	Chairman:
	$15,000
	 

	Other members:
	$8,000
	 




Additional Annual Retainer for Nominating and Governance Committee members:	
			
	Chairman:
	$10,000
	 

	Other members:
	$5,000
	 






Fees are paid quarterly in arrears. There are no per meeting fees.
Sam Kan & Company 1151 Harbor Bay Pkwy., Suite 101 Alameda, CA 94502  Phone: 510.517.7874 Fax: 866.848.1224 http://www.skancpa.com [ex23001.jpg] We consent to the inclusion in the Annual Report (Form 10-K) of Bancorp Energy, Inc. (hereinafter the Company) of our report dated July 28, 2011, with respect to the balance sheets as of December 31, 2010 and 2009, and the related statements of operations, stockholders (deficit) equity, and cash flows for the years then ended, and for the period since re-entering the development stage on September 3, 2003 to December 31, 2010 to be included in this Annual Report (Form 10-K). [ex23002.jpg] Firms Manual Signature Alameda, CA City, State July 28, 2011 Date
#### Joseph Ivan Spinks v. State

No. 25442.

October 31, 1951.

Hon. Roger Garrett, Judge Presiding.

*T. R. Odell,*Haskell, and *Thomas L. Blanton,*Albany, for appellant.

*George P. Blackburn,*State’s Attorney, Austin, for the state.

BEAUCHAMP, Judge.

The appeal is from a conviction for driving while intoxicated with a fine of $50.00 and ten days in jail.

The appellant is charged with driving a motor vehicle on a highway in Jones County while intoxicated, on the 24th day of February, 1951. Apparently there is no contest of the charge of being under the influence of intoxicating liquor, and the principal question presented on the appeal is whether or not the state introduced evidence to support a finding that appellant was the driver of the car.

The evidence and all of the evidence on this subject is found in the following statement by George Newell, Constable, in the town of Lueders. “They hit a big sign post — a Texaco' sign. Spinks’ car hit that sign post. The reason I went down to investigate was that I heard a crash and went down there. When I got there, I saw Spinks coming out of the car on the left hand side — under the steering wheel. I got to the wreck as fast as I *419could. I was walking. Mr. Spinks was coming out of the driver’s side of the car.”

The following testimony is given on cross-examination: “I saw Mr. Spinks getting out of the car on the left hand side. I don’t remember who was there. When I saw Mr. Spinks, he was holding the door. I didn’t see him drive this car. I don’t know who was driving the car at the time.”

The defendant testified that he was not the driver of the car which he said was driven by Bunkey Bowman when it ran into a post in Lueders. A lady testified, in his behalf, that she passed appellant and Bowman who were parked by the side of the road and saw them getting into their car with Bowman on the driver’s side. Immediately thereafter they passed her, driving much faster, and that when she came up to the scene of the wreck the parties had left the car. There is other evidence to the same effect. Another witness testified that when the wreck occurred Bunkey Bowman fled from the scene and went toward the depot. Bowman was not called as a witness in the case either by appellant or by the state.

The quoted evidence is insufficient to show that appellant was the driver, in the absence of other circumstances which we do not find in the case. The state makes the argument that because defendant did not call Bowman the presumption will rest that he would not support appellant’s defense. The constable testified that he knew Bunkey Bowman and it occurs to us that if he would make a witness in behalf of the state he might have been called. We see no reason why either side may claim a supporting presumption.

Because the evidence is insufficient to show that appellant was the driver of the car, the jury’s verdict is not supported. The judgment is reversed and the cause is remanded.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MARY VIED, Personal Representative of the 

DONNA LEE, DECEASED; MARY VIED, 

Personal Representative of the ESTATE OF 

JENNIFER LEE, DECEASED; MARY VIED as 

Next Friend of KL A MINOR, and 

NICHOLAS LEE, individually; 

 Plaintiffs, 

 Case No. 09-13734 

vs. 

 Judge Patrick Duggan 

CONTINENTAL TIRE NORTH AMERICA, INC., 

a foreign corporation, 

 Defendant. 

_____________________________________________________________________ 

ROBERT H. DARLING (P25523) 

SOMMERS SCHWARTZ, P.C. 

Attorney for Plaintiff s 

2000 Town Center, Suite 900 

Southfield, MI 48075-1100 

(248) 355-0300 / (248) 936-2125 (Fax) 

rdarling@sommerspc.com

EDWARD KRONK (P16258) 

MAUREEN T. TAYLOR (P63547) 

Attorney for Defendant Continental Tire NA 

401 South Old Woodward, Suite 400 

Birmingham, MI 48009 

(248) 971-1719; (248) 971-1801 (Fax) 

kronk@bwst-law.com

______________________________________________________________________ 

ORDER APPOINTING GUARDIAN AD LITEM 

At a session of said Court held in the City of Detroit, County 

of Wayne, State of Michigan, on April 27, 2011. 

PRESENT: HON. PATRICK J. DUGGAN 

U. S. DISTRICT JUDGE 

Upon review of Plaintiffs’ Petition for Appointment of Guardian ad Litem for Minor 

Plaintiff, Katelyn Lee, age 6, and this Court being otherwise fully advised in the premises;

 IT IS HEREBY ORDERED that Howard T. Linden, Esquire be appointed Guardian 

ad Litem for Katelyn Lee, a minor, for purposes of protecting the minor’s interests in the 

2:09-cv-13734-PJD-DAS Doc # 82 Filed 04/27/11 Pg 1 of 2 Pg ID 3626
hearing to enter an Order authorizing payment of attorney fees and costs and authority to 

distribute proceeds. 

 

 s/Patrick J. Duggan 

 Patrick J. Duggan 

 United States District Judge 

Dated: April 27, 2011 

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on Wednesday, April 27, 2011, by electronic and or ordinary mail. 

 s/Marilyn Orem 

 Case Manager 

 

2:09-cv-13734-PJD-DAS Doc # 82 Filed 04/27/11 Pg 2 of 2 Pg ID 3627
Order filed August 23, 2018

In The

Eleventh Court of Appeals 

__________

No. 11-18-00034-CV

__________

DESTINATION DEVELOPMENT PARTNERS, INC. ET AL., 

Appellants

V.

SUZANN RUFF, Appellee

On Appeal from the 29th District Court

Palo Pinto County, Texas

Trial Court Cause No. C46164

O R D E R

Destination Development Partners, Inc. and several related entities, including 

CM Resort LLC, filed an appeal from a portion of an interlocutory order signed by 

the trial court on January 30, 2018. CM Resort LLC has now filed in this court a 

suggestion of bankruptcy. See TEX. R. APP. P. 8.1. CM Resort LLC indicates that 

on August 15, 2018, it filed a petition for relief under Chapter 11 of the United States 

Bankruptcy Code. The notice of bankruptcy complies with TEX. R. APP. P. 8.1.
2

Therefore, pursuant to TEX. R. APP. P. 8.2, we abate this appeal. The parties are

requested to inform this court of the resolution of the bankruptcy proceedings or any 

other event that would allow this appeal to be reinstated. See TEX. R. APP. P. 8.3.

This appeal is abated.

PER CURIAM

August 23, 2018

Panel consists of: Willson, J., 

Bailey, J., and Wright, S.C.J.1

Willson, J., not participating.

 

1

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 358 Introduced in House (IH)]

  1st Session
                                H. R. 358

  To repeal the authority of the Mayor of the District of Columbia to 
 requisition unlimited funds from the Treasury of the United States to 
 meet the general expenses of the District of Columbia, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Rohrabacher introduced the following bill; which was referred to 
            the Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
  To repeal the authority of the Mayor of the District of Columbia to 
 requisition unlimited funds from the Treasury of the United States to 
 meet the general expenses of the District of Columbia, and for other 
                               purposes.

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

SECTION 1. REPEAL OF MAYOR'S AUTHORITY TO REQUISITION ADVANCES FROM THE 
              UNITED STATES TREASURY.

    (a) In General.--Effective on the date of the enactment of this 
Act, title VI of the District of Columbia Revenue Act of 1939 (sec. 47-
3401, D.C. Code) is hereby repealed.
    (b) Conforming Amendment.--The second sentence of section 603(b)(1) 
of the District of Columbia Self-Government and Governmental 
Reorganization Act (sec. 47-313(b)(1), D.C. Code) is amended by 
striking ``, except those funds'' and all that follows and inserting a 
period.

SEC. 2. REDUCTION IN FEDERAL PAYMENT TO DISTRICT BY AMOUNTS BORROWED 
              FROM TREASURY PRIOR TO REPEAL.

    Section 503 of the District of Columbia Self-Government and 
Governmental Reorganization Act (sec. 47-3406.1, D.C. Code), as amended 
by section 2 of the Federal Payment Reauthorization Act of 1994, is 
amended by adding at the end the following new subsection:
    ``(d) The amount authorized to be appropriated as the annual 
Federal payment to the District of Columbia under this section for a 
fiscal year shall be reduced by the amount of any funds advanced to the 
District by the Secretary of the Treasury on or after January 4, 1995, 
under title VI of the District of Columbia Revenue Act of 1939 that 
have not been reimbursed by the District to the Treasury of the United 
States as of the last day of the previous fiscal year.''.
                                 <all>
```
#### STATE of Missouri, Plaintiff/Respondent, v. Charles MATTHEWS, Defendant/Appellant. Charles MATTHEWS, Movant, v. STATE of Missouri, Respondent.

Nos. 61691, 67321.

Missouri Court of Appeals, Eastern District, Division Four.

Oct. 3, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Nov. 8, 1995.

Barbara Hoppe, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen R. Martin, II, Rildd L. Jones, Asst. Attys. Gen., Jefferson City, for respondent.

Before AHRENS, P.J., and PUDLOWSKI and GRIMM, JJ.

*ORDER*

PER CURIAM.

Defendant appeals the judgment from a conviction of robbery in the first degree, § 569.020 RSMo 1994. He was sentenced to fifteen (15) years imprisonment. This appeal is consolidated with an appeal from the denial of his Rule 29.15 motion for post-conviction relief. The judgment is affirmed. Rule 30.25(b).

Defendant failed to allege in his brief any error in the denial of his Rule 29.15 motion. The denial of post-conviction relief is affirmed. Rule 84.16(b). The parties have been furnished with a memorandum setting forth the reasons for this order.
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16914]


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

DEPARTMENT OF LABOR
[TA-W-31,542; TA-W-31,543; TA-W-31,543A]


OshKosh B'Gosh, McEwen, TN, Hermitage Springs, TN, and Red 
Boiling Springs, TN, Respectively; Amended Certification Regarding 
Eligibility To Apply for Worker Adjustment Assistance

    In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Certification of Eligibility to 
Apply for Worker Adjustment Assistance on November 3, 1995, applicable 
to all workers of OshKosh B'Gosh, McEwen, Tennessee and OshKosh B'Gosh, 
Hermitage Springs, Tennessee. The notice was published in the Federal 
Register on November 24, 1995 (60 FR 58104).
    At the request of the company, the Department reviewed the 
certification for workers of the subject firm. New information provided 
by the company shows that worker separations have occurred at the 
subject firms' Red Boiling Springs, Tennessee location. The workers are 
engaged in the production of children's and men's bib overalls.
    The intent of the Department's certification is to include all 
workers of the subject firm who are adversely affected by increased 
imports of children's and men's bib overalls. Accordingly, the 
Department is amending the certification to cover the workers of 
OshKosh B'Gosh, Red Boiling Springs, Tennessee.
    The amended notice applicable to TA-W-31,542 and TA-W-31,543 is 
hereby issued as follows:

    All workers of OshKosh B'Gosh, McEwen, Tennessee (TA-W-31,542), 
OshKosh B'Gosh, Hermitage Springs, Tennessee (TA-W-31,543), and 
OshKosh B'Gosh, Red Boiling Springs, Tennessee (TA-W-31,543A) who 
became totally or partially separated from employment on or after 
October 3, 1994 are eligible to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974.

    Signed at Washington, D.C. this 13th day of June 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-16914 Filed 7-2-96; 8:45 am]
BILLING CODE 4510-30-M
#### Tom Card v. State

No. 25283.

May 16, 1951.

On Motion to Reinstate Appeal November 14, 1951.

Hon. Lewis M. Goodrich, Judge Presiding.

*Grady Hazelwood,*Amarillo, for appellant.

*443
      *Tom Braley,*District Attorney, Pampa, and *George P. Blackburn,*State’s Attorney, Austin, for the state.

WOODLEY, Judge.

The conviction is for the offense of removing mortgaged property out of the county with intent to defraud, as defined in Art. 1558, Vernon’s Ann. P.C., with punishment assessed at two years in the penitentiary.

No notice of appeal appears to have been entered of record in the minutes of the trial court, and this court is therefore without jurisdiction to enter any order herein other than to dismiss the appeal. See Art. 827, Vernon’s Ann. C.C.P., and cases cited under Note 5 thereunder.

The appeal is dismissed.

Opinion approved by the Court.

ON APPELLANT’S motion to reinstate appeal.

BEAUCHAMP, Judge.

Appellant was convicted on an indictment charging removal of mortgaged property out of Wheeler County and was assessed two years in the penitentiary.

On original submission the appeal was dismissed because of a defective record. Correction has now been made and the appeal is considered on its merits.

It will be necessary to discuss only one of the errors pointed out by the appeal. The indictment alleges the injured party to be the “Farmers and Merchants Bank of Shamrock, Texas.” There is no allegation that it is a corporation. The proof shows that the injured party is an incorporated bank.

There is a further variance between the allegation and the proof in that the evidence introduced by the state shows the name of the bank to be “Farmers and Merchants State Bank of Shamrock. Texas.” Williams v. State, 118 Texas Cr. R. 386 39 S.W. 2d 79: Reese v. State, 119 Tex. Cr. R. 582. 44 S.W. 2d 679; and Nichols v. State, 136 Tex. Cr. R. 41, 123 S.W. 2d 672.

Because of the variance between the allegation and the proof, *444the judgment of the trial court is reversed and the cause is remanded.
EXHIBIT 32.3





STATEMENT OF CHIEF ACCOUNTING OFFICER


PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE








Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Sam H. Lindsey, Jr., Chief Financial Officer of Biofuels Power Corporation (the “Company”), hereby certifies that:





The Company’s Form 10-Q Report for the six months ended June 30, 2010 (the “Report”) fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Sam H. Lindsey, Jr.,


Sam H. Lindsey, Jr., Chief Financial Officer


Dated: August 23, 2010
2:09-cv-13561-PJD-MKM Doc # 1 Filed 09/09/09 Pg 1 of 4 Pg ID 1
2:09-cv-13561-PJD-MKM Doc # 1 Filed 09/09/09 Pg 2 of 4 Pg ID 2
2:09-cv-13561-PJD-MKM Doc # 1 Filed 09/09/09 Pg 3 of 4 Pg ID 3
2:09-cv-13561-PJD-MKM Doc # 1 Filed 09/09/09 Pg 4 of 4 Pg ID 4
Exhibit 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to 18 U.S.C. § 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Team Nation Holdings Corporation (the “Company”) hereby certifies, to such officer’s knowledge, that:





(i) the accompanying report on Form 10-Q of the Company for the fiscal quarter ended June 30, 2010 (the “Report”) 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: August 12, 2010
By:
/s/ Dennis R. DuffyDennis R. DuffyChief Executive Officer





This certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.