alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted in Part and Denied in Part and Order filed April 13, 2021 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00827-CV

____________

THOMPSON HANCOCK WITTE & ASSOCIATES, INC., Appellant

V.

BRAZOS PRESBYTERIAN HOMES, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2016-81155

____________

NO. 14-21-00091-CV

____________

THOMPSON HANCOCK WITTE & ASSOCIATES, INC., Appellant

V.

STANLEY SPURLING & HAMILTON, INC., Appellee

On Appeal from the 55th District Court
2

Harris County, Texas

Trial Court Cause No. 2016-81155-A

ORDER

Appellant filed an agreed motion to consolidate these two appeals and to set 

a briefing schedule. We deny the request to consolidate and grant the request to set 

a briefing schedule.

When multiple notices of appeal from the same judgment or order have been

filed by adverse parties, the court encourages the parties to consider requesting 

consolidation of those appeals. However, these appeals are not from the same 

judgment or order, nor are they from the same trial court cause. Appeal 14-20-00827-

CV is an accelerated appeal from the denial of a motion to dismiss under chapter 

150 of the Civil Practice and Remedies Code in trial court cause 2016-81115. Appeal 

14-21-00091-CV is a non-accelerated appeal from the final judgment in trial court 

cause 2016-9115-A. The clerk’s records in the two appeals differ; the record in 

appeal 14-20-00827-CV comprises eight volumes, and the record in appeal 14-21-

00091-CV comprises four volumes. Consolidation of these appeals is not 

appropriate.

Per the parties’ request, and subject to further motions to extend time, the 

court establishes the following briefing schedule:

a. Appellant’s brief in each appeal is due on or before April 21, 2021;

b. Appellee Brazos Presbyterian Homes, Inc.’s brief is due 30 days after 

appellant’s brief is filed in appeal 14-20-00827-CV;

c. Appellee Stanley Spurling & Hamilton, Inc.’s brief is due 30 days after 

appellant’s brief is filed in 14-21-00091-CV; and
3

d. Appellant’s reply brief in each appeal is due 20 days after the day the 

appellee’s brief in that appeal is filed.

Appellant’s motion asks that it be permitted to file a single brief that applies 

to both appeals. The court will not prohibit appellant from doing so but expresses no 

opinion as to whether such a brief is advisable under the circumstances of these 

appeals. Any document meant to be filed in both appeals shall bear both appeal 

numbers. 

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant.
I

104TH CONGRESS

1ST SESSION H. R. 617

To provide for a program established by a nongovernmental organization

under which Haitian Americans would help the people of Haiti recover

from the destruction caused by the coup of December 1991.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 20, 1995

Mr. RANGEL introduced the following bill; which was referred to the

Committee on International Relations

A BILL

To provide for a program established by a nongovernmental

organization under which Haitian Americans would help

the people of Haiti recover from the destruction caused

by the coup of December 1991.

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

3 SECTION 1. GRANT BY AID.

4 (a) GRANT FOR PROGRAM.—The Administrator of

5 the Agency for International Development shall use funds

6 available for development assistance for each of fiscal

7 years 1995 through 1998 to provide a grant for each such

8 fiscal year to an appropriate nongovernmental organiza-
2

•HR 617 IH

1 tion that has established a program under which Haitian

2 Americans would engage in activities in Haiti designed to

3 help the people of that country in meeting their needs for

4 trained manpower in recovering from the destruction

5 caused by the military coup that occurred in Haiti in De6 cember 1991 and assist in the reconstruction of Haiti

7 since the return of President Aristide. Any such grant may

8 be used only for such program.

9 (b) REQUIREMENTS OF PROGRAM.—The Adminis10 trator of the Agency for International Development shall

11 ensure that the activities engaged in by Haitian Americans

12 in Haiti under a program for which a grant is provided

13 under subsection (a) are similar to those activities that

14 would be engaged in by Peace Corps volunteers under the

15 Peace Corps Act.

16 (c) TRAINING.—The Director of the Peace Corps

17 shall provide to Haitian Americans participating in a pro18 gram for which a grant is provided under subsection (a)

19 appropriate training in preparation for their activities in

20 Haiti under the program. The costs of such training shall

21 be reimbursed, from amounts provided in the grant, by

22 the nongovernmental organization administering the pro23 gram.
3

•HR 617 IH

1 SEC. 2. DEFINITION.

2 As used in this Act, the term ‘‘Haitian American’’

3 means an individual residing in the United States who is

4 of Haitian ancestry and whose citizenship or immigration

5 status would make such individual eligible to be a Peace

6 Corps volunteer under the Peace Corps Act.

Æ
<PAGE>   1
                                                                  EXHIBIT 10.21c

                               THIRD AMENDMENT TO
                      O'SULLIVAN INDUSTRIES HOLDINGS, INC.
                           DEFERRED COMPENSATION PLAN

         WHEREAS, O'Sullivan Industries Holdings, Inc. (the "Company") has
established a nonqualified deferred compensation plan for the benefit of a
select group of management and highly compensation employees; and

         WHEREAS, pursuant to the terms of the Plan, the Company reserved the
right to amend the Plan from time to time in its discretion; and

         WHEREAS, the Plan was heretofore amended by the First Amendment dated
effective as of July 1, 1997, and the Second Amendment dated effective as of
November 30, 1999; and

         WHEREAS, the Company desires to further amend the Plan as set forth
below;

         NOW, THEREFORE, effective for Plan Years beginning on and after July 1,
2000, Plan Section 3.1, Elective Deferral Contributions, is amended by adding
the following new paragraph at the end of that Section:

                  "As a condition of participating in the Plan, each Participant
         shall be deemed to have elected to defer under this Plan the receipt of
         any amounts that become distributable to the Participant by reason of
         the Savings Plan exceeding the applicable limitations on elective
         deferrals and/or employer matching contributions under Sections 402(g),
         401(k)(3) or 401(m)(2) of the Code and the Treasury regulations issued
         thereunder. Any such amounts deferred pursuant to the foregoing shall
         be credited to the Participant's Elective Deferral Contributions
         Account or Matching Contributions Account, as the case may be, as of
         the last day of the calendar month in which such amounts are
         distributed from the Savings Plan and shall be subject to all of the
         other terms and conditions of this Plan."

         IN WITNESS WHEREOF, this Third Amendment has been duly executed as of
the 2nd day of May, 2000.

                               O'SULLIVAN INDUSTRIES HOLDINGS, INC.

                               By:         /s/ Richard D. Davidson
                                   ---------------------------------------------
                                             Richard D. Davidson
                                       President and Chief Executive Officer
ATTEST:

        /s/ Rowland H. Geddie, III
-----------------------------------------
          Rowland H. Geddie, III
    Vice President, General Counsel and
                 Secretary
**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 on Form 10-Q of Panhandle Eastern Pipe
      Line
      Company, LP (the "Company") for the quarter ended September 30, 2006 as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      I, Robert O. Bond, as President and Chief Operating Officer of the Company,
      hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
      the Sarbanes-Oxley Act of 2002, that (i) The Report fully complies with the
      requirements of Section 13 (a) or 15(d) of the Securities Exchange Act of 1934,
      as amended; and (ii) The information contained in the Report fairly presents,
      in
      all material respects, the financial condition and results of operations of
      the
      Company.





/s/
      ROBERT O. BOND


Name:
      Robert O. Bond


Title:
      President and Chief Operating Officer


Date:
      November 9, 2006














This
      Certification is being furnished solely to accompany the Report pursuant to
      18
      U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, and shall not be deemed “filed” by the Company for purposes of Section 18
      of the Securities Exchange Act of 1934, as amended, and shall not be
      incorporated by reference into any filing of the Company under the Securities
      Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended,
      whether made before or after the date of this Report, irrespective of any
      general incorporation language contained in such filing.





A
      signed
      original of this written statement required by Section 906, or other documents
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to the Company and will be retained by the
      Company and furnished to the Securities and Exchange Commission or its staff
      upon request.
IB

Union Calendar No. 361

104TH CONGRESS

2D SESSION H. R. 740

[Report No. 104–694]

To confer jurisdiction on the United States Court of Federal Claims with

respect to land claims of Pueblo of Isleta Indian Tribe.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 30, 1995

Mr. SKEEN (for himself and Mr. SCHIFF) introduced the following bill; which

was referred to the Committee on the Judiciary

JULY 22, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To confer jurisdiction on the United States Court of Federal

Claims with respect to land claims of Pueblo of Isleta

Indian Tribe.

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

3 SECTION 1. JURISDICTION.

4 Notwithstanding sections 2401 and 2501 of title 28,

5 United States Code, and section 12 of the Act of August
2

•HR 740 RH

1 13, 1946 (60 Stat. 1052), or any other law which would

2 interpose or support a defense of untimeliness, jurisdiction

3 is hereby conferred upon the United States Court of Fed4 eral Claims to hear, determine, and render judgment on

5 any claim by Pueblo of Isleta Indian Tribe of New Mexico

6 against the United States with respect to any lands or in7 terests therein the State of New Mexico or any adjoining

8 State held by aboriginal title or otherwise which were ac9 quired from the tribe without payment of adequate com10 pensation by the United States. As a matter of adequate

11 compensation, the United States Claims Court may award

12 interest at a rate of five percent per year to accrue from

13 the date on which such lands or interests therein were ac14 quired from the tribe by the United States. Such jurisdic15 tion is conferred only with respect to claims accruing on

16 or before August 13, 1946, and all such claims must be

17 filed within three years after the date of enactment of this

18 Act. Such jurisdiction is conferred notwithstanding any

19 failure of the tribe to exhaust any available administrative

20 remedy.

21 SEC. 2. CERTAIN DEFENSES NOT APPLICABLE.

22 Any award made to any Indian tribe other than the

23 Pueblo of Isleta Indian Tribe of New Mexico before, on,

24 or after the date of the enactment of this Act under any

25 judgment of the Indian Claims Commission or any other
3

•HR 740 RH

1 authority with respect to any lands that are the subject

2 of a claim submitted by the tribe under section 1 shall

3 not be considered a defense, estoppel, or set-off to such

4 claim, and shall not otherwise affect the entitlement to,

5 or amount of, any relief with respect to such claim.

Union Calendar No. 361

104TH CONGRESS

2D SESSION H. R. 740

[Report No. 104–694]

A BILL

To confer jurisdiction on the United States Court

Pueblo of Isleta Indian Tribe.of Federal Claims with respect to land claims of

JULY 22, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
<PAGE>

                                 Exhibit 23.1

                 CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


To the Shareholders of Protection One, Inc.:

As independent public accountants, we hereby consent to the incorporation of
our reports included in this Form 10-K, into the Company's previously filed
Registration Statement File Numbers 033-83494, 033-99220, 033-95702,
033-97542, 333-02828, 333-02892, 333-20245, 333-24493, 333-50383, 333-64021,
and 333-77295


Arthur Andersen LLP

Dallas, Texas
December 22, 1999
~ OLSIN ELLI 

2950 N. Harwood Street, Ste. 2100, Dallas, TX, 75201 • 214.397.0030 

September 3, 2015 

VIAE-FILE 

Court of Appeals 

Second District of Texas 

ATTN: Court Clerk 

401 W. Belknap, Suite 9000 

Fort Worth, Texas 76196 

Andrew M. Johnson 

(214) 661-5507 Direct 

(214) 397-0033 Facsimile 

amjohnson@polsinelli.com 

Re: Court of Appeals Number 02-15-00268-CV; Molly Bellefeuille, DVM v. 

Dear Clerk: 

Equine Sports Medicine & Surgery, Weatherford Division, PLLC; 

Trial Court Case No. CV15-0775 

Appellee Equine Sports Medicine & Surgery, Weatherford Division, PLLC requests a 

copy of the Clerks Record entered on August 26, 2015 and a copy of the Reporter/Recorders 

Record entered on September 1, 2015. 

Once the copies are ready, please contact me at (214) 661-5507 or 

am johnson@polsinelli.com or my assistant, Maurin Phillips, at (214) 661-5520 or 

mJ phillips(@polsinelli.com. 

AMJ:mlp 

polsinelli.com 

Atlanta 

St. Louis 

Chicago Dallas 

Washington, DC 

Polsinelli PC, Polsinelli LLP in California 

51203228.l 

Denver 

Wilmington 

wM. Johnson 

Kansas City Los Angeles Nashville New York Phoenix San Francisco 

ACCEPTED

02-15-00268-CV

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

9/3/2015 12:01:06 PM

DEBRA SPISAK

CLERK

 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 9/3/2015 12:01:06 PM DEBRA SPISAK Clerk
#### DIMENSIONS HEALTHCARE SYSTEM, INC., Appellant, v. NIGHTTIME PEDIATRICS, INC., Appellee.

No. 03-1150.

United States Court of Appeals, Federal Circuit.

Aug. 8, 2003.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

*AFFIRMED. See*Fed. Cir. R. 36.
#### WATSON et al. v. COUNTY COMMISSION OF WALKER COUNTY.

6 Dlv. 747.

Supreme Court of Alabama.

May 9, 1935.

*234R. A. Cooner, of Jasper, for appellants.

J. J. Curtis, of Jasper, for appellee.

BROWN, Justice

(after stating the facts as above).

The appellants’ first contention is that a valid election could not be held to establish precinct 16, as constituted on the date of filing the petition, a stock law district, without first holding an election in the entire territory covered by precinct 16, prior to the creation of the new precinct 37, “repealing” the partial stock law as established by the election in 1915.

There is nothing in the statutes, sections 10208, 10222, Code 1923, providing any method for changing the status of a district from stock law to nonstock law, except by an election called and held as provided by these statutes. Section 10222 applies only to “counties where an election has been held in the county as a whole and the majority of the electors at such election have voted in favor of prohibiting live stock from running at large in the entire county except in incorporated cities or towns.”. By section 10208 the “precinct” is made the unit for calling the election, and the territory to be affected is all the territory outside incorporated cities and towns. The territories within incorporated cities and towns are dealt with and controlled by sections 10223, 10224, Code 1923.

The effect resulting from the election held on October 2, 1934, was to change the status of precinct 16, as then constituted, from a stock law district in which the law prohibited “hogs, sheep and goats” from running at large to a district in which all stock are prohibited from running at large. Section 10212, Code 1923.

The next contention of the appellants is that the election is void for the reason that the order of the court of county commissioners and the notice of the election did not follow the language of the petition and the statute, limiting the territory to that part of the *235precinct “which is outside of any incorporated city or town.”

All the proceedings as disclosed by the duly verified return are to be looked to in determining whether or not the proceedings are void or valid, and “uniformly it has been held under the statute in its present form that, where the record affirmatively shows that the' court acquired jurisdiction of the subject-matter by the filing of a proper petition, as the record by its recital of facts found does show in this case, errors and irregularities intervening in the subsequent proceedings will not furnish ground for quashing the proceeding on common-law certiorari.” Edwards et al. v. Bibb County Board of Commissioners, 193 Ala. 554, 559, 560, 69 So. 449, 451; McLaughlin v. Hardwick, 14 Ala. App. 570, 70 So. 305.

We find no error in the record and proceedings of the circuit court.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.
SCWC-14-0000596 IN THE SUPREME COURT OF THE STATE OF HAWAI # I

IN THE INTEREST OF A.A.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0000596; FC-S NO. 11-0042) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI ( B y : R e c k t e n w a l d , C . J . , N a k a y a m a , M c K e n n a , P o l l a c k , a n d W i l s o n , J J . )

Petitioner/Mother-Appellant’s Application for Writ of Certiorari, filed on May 18, 2015, is hereby rejected.

DATED: Honolulu, Hawai # i, June 29, 2015. Rebecca A. Copelandfor petitioner/motherappellant Diana M. Mellon-Lacey, Mary Anne Magnier, and Jay Goss for respondent Department of Human Services /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson Electronically Filed Supreme Court SCWC-14-0000596 29-JUN-2015 12:39 PM
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 59 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                 H. R. 59

 To amend the Internal Revenue Code of 1986 to simplify the assessment 
              and collection of the excise tax on arrows.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Barcia (for himself, Mr. Brewster, and Mr. Camp) 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 simplify the assessment 
              and collection of the excise tax on arrows.

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

SECTION 1. SIMPLIFICATION OF IMPOSITION OF EXCISE TAX ON ARROWS.

    (a) In General.--Subsection (b) of section 4161 of the Internal 
Revenue Code of 1986 (relating to imposition of tax) is amended to read 
as follows:
    ``(b) Bows and Arrows, Etc.--
            ``(1) Bows.--
                    ``(A) In general.--There is hereby imposed on the 
                sale by the manufacturer, producer, or importer of any 
                bow which has a draw weight of 10 pounds or more, a tax 
                equal to 11 percent of the price for which so sold.
                    ``(B) Parts and accessories.--There is hereby 
                imposed upon the sale by the manufacturer, producer, or 
                importer--
                            ``(i) of any part of accessory suitable for 
                        inclusion in or attachment to a bow described 
                        in subparagraph (A), and
                            ``(ii) of any quiver suitable for use with 
                        arrows described in paragraph (2),
                a tax equivalent to 11 percent of the price for which 
                so sold.
            ``(2) Arrows.--There is hereby imposed on the sale by the 
        manufacturer, producer, or importer of any shaft, point, nock, 
        or vane of a type used in the manufacture of any arrow which 
        after its assembly--
                    ``(A) measures 18 inches overall or more in length, 
                or
                    ``(B) measures less than 18 inches overall in 
                length but is suitable for use with a bow described in 
                paragraph (1)(A),
        a tax equal to 11 percent of the price for which so sold.
            ``(3) Coordination with subsection (a).--No tax shall be 
        imposed under this subsection with respect to any article 
        taxable under subsection (a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to articles sold by the manufacturer, producer, or importer after 
the date of the enactment of this Act.
                                 <all>
```
<PAGE>
 
                                  Exhibit 23.1
                     Consent of PricewaterhouseCoopers LLP

Consent of Independent Accountant

We consent to the incorporation by reference in the Registration Statements of
Natural MicroSystems Corporation on Form S-8 (file No. 333-57141) of our report
dated January 19, 1999, relating to the consolidated balance sheets of Natural
MicroSystems Corporation and subsidiaries as of December 31, 1998 and 1997, and
the related consolidated statements of operations, shareholders' equity, and
cash flows for the two years in the period ended December 31, 1998, which report
is included in this Report on Form 10-K.

Boston, Massachusetts
March 30, 1999