alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-07 -028 9-CR IN THE CO UR T OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL C JU LY25, 2007

_________

_________

_________

___ JIM MY R EAF H OLLEY , Appel lan t
v. THE S TATE OF TEXAS, Appel lee

_________

_________

_________

______ FRO M T HE 69 DIS T RI CT COU RT OF MO OR E CO UNT Y; TH NO. 195 6; HON. RON ENNS, PRESIDING

_________

_________

_________

____ Memorandum Opinion

_________

_________

_________

____ Before QUINN, C.J., and HANCOCK and PIRT LE, JJ. Ji mmyR eaf Hol ley

(appel lan t) appeals f ro m the orde r for w it hdraw al of f unds from his inma te trust a ccoun t to of fset court costs assessed in his prior conv iction. W e dism iss the a ppeal for l ack

of jur is dicti on. The re cord before us re v eal s that the “I nmate Trus t Ac countOrder” w as si g ned on Ma rc h 7, 2005. Pursuantto the Tex as Rul es of Appel la te Proc edure, ap pel lan t w as re q uired to fil e hi s mot ion for n ew tr ial or noti ce of ap peal w it h the cl er k o f the tr ial co urt no2

lat er than 30 day s after the si g nin g of t he order , or by Apr il 6, 20 05. The noti ce of appeal
w as filed on J uly

11, 2007. Bec ause the deadl ine to per fect an appeal w as Apr il 6, 2005, the n oti ce appeared unti mely

. T EX . R. A PP . P. 2 6.2 ( sta ti ng thatone must file a not ic e of appeal w it hin 30 d ay s o f the dat e the final order i s si g ned, unle ss that deadli ne has been
extended by

moti on or

r ule of procedu re). Fu rt h e rmore, no moti on ( ti mely or othe rw is e) to extend the A pr il 6 deadl ine w as re cei v ed by thi s c our

t. th By letter date d J uly

13, 2007, w e di re cte d appel lan t t o ex pla in w hy the noti ce of appeal w as lat e or w hy he bel iev ed i t t o be ti mely

. The ex pla nati on w as due by Ju ly 23, 2007. H e w as als o tol d tha t t he fail ure to compl y w it h thi s d irect iv e w oul d r e sult in the Cou rtdete rmi nin g w hether i t had j ur is dicti on or

not. To dat e, no respon se has been
re cei v ed. A t imel y

noti ce of appeal i s e ss enti al to invo ke o u r appel lat e j ur is dicti on. In re A.L. B. , 56 S.W .3d 651, 652 (Tex . App.–W aco 2003, no pet .)

. If the no ti ce is unti mely , t hen the c our t of appeal s c an t a ke n o a ct io n oth er than to dis mis s t he proceed ing

. Id. The noti ce at ba r bei ng unti mely , w e di smi ss the appeal for w ant o f jur is dicti on.

Br ian Qui nn Chief Justice Do not p ubl is h.
173 La. 1061

#### STATE v. WILLIAMS.

No. 31576.

Supreme Court of Louisiana.

Jan. 4, 1932.

Rehearing Denied Feb. 1, 1932.

Harris Gagne, of Houma, for appellant.

Percy Saint, Atty. Gen., J. A. O. Coignet, Dist. Atty., of Thibodaux, and E. R. Schowal-ter, Asst. Atty. Gen., for the State.

O’NIELL, C. J.

The appellant was indicted for the crime of involuntary homicide, under Act No., 64 of 1930, and was convicted and sentenced to imprisonment in the parish jail for a year. The case comes up on a bill of exceptions taken to the overruling of a motion in arrest of judgment. The argument made in support of the motion is that the act of 1930 is null because, with regard to the penalty prescribed, •the act is not consistent with section 786 of the Revised Statutes, with regard to involuntary manslaughter, which the act of 1930 declares is not repealed. Counsel for appellant cites State v. Hickman, 127 La. 442, 53 So. 680, to the effect that two criminal statutes that are not consistent with regard to the penalty prescribed cannot both prevail. In that case it was decided that the law against cattle stealing, Act No. 64 of 1910, had the effect of repealing the larceny statute, Act No. 124 of 1874, in so far as the penalty for the stealing of cattle was concerned. That decision is not appropriate to this case, because Act No. 64 of 1930 and section 786 of the Revised Statutes are not inconsistent. The act of 1930 provides, in effect, merely that involuntary manslaughter committed by the grossly negligent use or operation of a vehicle shall be subject to a less severe penalty than that which is prescribed for involuntary manslaughter committed otherwise, if the district attorney accuses the defendant — ■ or the jury convicts him — of involuntary homicide instead of manslaughter. State v. Flattmann, 172 La. 620, 135 So. 3.

The conviction and sentence are affirmed.
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00009-CV

__________________

THOMAS AVALOS JR., Appellant

V.

FORTIS CONSTRUCTION LLC 

F/K/A AMS CONSTRUCTION LLC, Appellee

__________________________________________________________________

On Appeal from the 253rd District Court

Liberty County, Texas

Trial Cause No. 22DC-CV-01607

__________________________________________________________________

ORDER

The Court received a notice of removal to the United State District Court for 

the Eastern District of Texas. The Court recognizes that the cause has been removed 

to the federal courts. The appeal will be abated for administrative purposes only, and 

will be treated as a closed case unless timely reinstated by proper motion.

ORDER ENTERED January 12, 2023.

PER CURIAM

Before Golemon, C.J., Johnson and Wright, JJ.
#### Application of CURRAN & TREADAWAY, Inc., et al. O'SULLIVAN v. KNOP, Civil Sheriff, et al.

No. 17544.

Court of Appeal of Louisiana. Orleans.

Jan. 10, 1941.

See also 198 So. 191.

Warren M. Simon, of New Orleans, for relators.

P. M. Milner, of New Orleans, for Gerard W. O’Sullivan.

PER CURIAM.

The relators, Curran & Treadaway, Inc., and Warren M. Simon, are parties defendant in the above entitled suit which is nQw pending in the Civil District Court for the Parish of Orleans. They have applied to this court for alternative writs of mandamus, certiorari and prohibition commanding the Judge of Division B of the Civil District Court for the Parish of Orleans to maintain certain exceptions of no right or cause of action filed by the relators in the court below and to dismiss the plaintiff’s suit at his cost.

Relators’ claim that they are entitled to obtain the relief prayed for in their application for the reason that the plaintiff is seeking to enjoin them from executing a certain final judgment which relator, Cur-ran & Treadaway, Inc., obtained against the American Bonding Company of Baltimore, Maryland, and that, if said injunction is granted by the court below after hearing on a rule nisi, they will not be permitted by law, Act No. 29 of 1924, to prosecute a suspensive appeal from the adverse judgment.

This court is not vested with the supervisory power to compel a trial judge to maintain an exception. It is the well settled jurisprudence of this State that the Court's of Appeal are without jurisdiction to issue writs of mandamus, certiorari and prohibition except in aid of their appellate jurisdiction. See Putnam & Norman v. Levee, 179 La. 180, 153 So. 685; Lavoy et ux. v. Toye Bros. Auto & Taxicab Co. et al., 159 La. 209, 105 So. 292; Bailey v. Spiro, La.App., 169 So. 898; State ex rel. Anderson Post Hardwood Lumber Co., Inc. v. Bullock, La.App., 178 So. 638; and United States Tire Supply Co. v. Gulf District National Maritime Union, La.App., 189 So. 352. The fact that the District Judge has overruled relators’ exception and has set the case down for trial on a rule nisi is a matter which does, not involve the appellate jurisdiction of this court. The Supreme Court has the exclu*427sive power, under Section 10 of Article 7 of the Constitution of 1921, to control and supervise all inferior courts.

It is therefore ordered that the application of relators for alternative writs of mandamus, certiorari and prohibition be and it is denied at their cost.

Alternative writs denied.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JUL-31-1996
<PERIOD-START>                                 AUG-01-1995
<PERIOD-END>                                   JAN-31-1996
<CASH>                                          18,949,437
<SECURITIES>                                    11,022,840
<RECEIVABLES>                                      170,300
<ALLOWANCES>                                        13,337
<INVENTORY>                                      1,657,206
<CURRENT-ASSETS>                                32,112,849
<PP&E>                                           2,862,774
<DEPRECIATION>                                   1,477,994
<TOTAL-ASSETS>                                  33,947,551
<CURRENT-LIABILITIES>                            1,607,593
<BONDS>                                                  0 
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                         4,789,467
<OTHER-SE>                                      27,307,398
<TOTAL-LIABILITY-AND-EQUITY>                    33,947,551
<SALES>                                            423,663
<TOTAL-REVENUES>                                   423,663
<CGS>                                            2,254,969
<TOTAL-COSTS>                                    2,254,969
<OTHER-EXPENSES>                                 2,622,927
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   8,606
<INCOME-PRETAX>                                (3,825,180)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                            (3,825,180)
<DISCONTINUED>                                     277,771
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                   (3,547,409)
<EPS-PRIMARY>                                        (.32)
<EPS-DILUTED>                                        (.32)
<TABLE> <S> <C>

<ARTICLE>       5
<LEGEND>
The schedule contains summary financial information extracted from quarterly
financial statements for the six months ended June 30, 1997 and is
qualified in its entirety by reference to such financial statements.
       
<S>                                                              <C>
<FISCAL-YEAR-END>                                                   DEC-31-1997
<PERIOD-END>                                                        JUN-30-1997
<PERIOD-TYPE>                                                             6-MOS
<CASH>                                                               48,480,239
<SECURITIES>                                                         24,105,409
<RECEIVABLES>                                                         5,780,399
<ALLOWANCES>                                                           (852,000)
<INVENTORY>                                                           3,638,016
<CURRENT-ASSETS>                                                     81,457,927
<PP&E>                                                               13,198,582
<DEPRECIATION>                                                       (6,050,662)
<TOTAL-ASSETS>                                                       97,664,108
<CURRENT-LIABILITIES>                                                11,984,295
<BONDS>                                                                       0
<PREFERRED-MANDATORY>                                                         0
<PREFERRED>                                                                   0
<COMMON>                                                                584,724
<OTHER-SE>                                                           65,247,319
<TOTAL-LIABILITY-AND-EQUITY>                                         97,664,108
<SALES>                                                              25,762,862
<TOTAL-REVENUES>                                                     28,800,616
<CGS>                                                                10,532,598
<TOTAL-COSTS>                                                        10,532,598
<OTHER-EXPENSES>                                                        250,553
<LOSS-PROVISION>                                                              0
<INTEREST-EXPENSE>                                                            0
<INCOME-PRETAX>                                                      10,817,613
<INCOME-TAX>                                                          4,130,000
<INCOME-CONTINUING>                                                   6,687,613
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</TABLE>
SECURITIES AND EXCHANGE COMMISSION

                  Washington, D. C.  20549


                          FORM 10-Q

      Quarterly Report Pursuant to Section 13 or 15(d)
           of the Securities Exchange Act of 1934

             For the Quarter Ended June 30, 1997

                 Commission File No. 1-3660

                        Owens Corning

                  One Owens Corning Parkway

                     Toledo, Ohio  43659

                  Area Code (419) 248-8000

                   A Delaware Corporation

        I.R.S. Employer Identification No. 34-4323452


Indicate by check mark whether the Registrant (1) has  filed
all  reports required to be filed by Section 13 or 15(d)  of
the Securities Exchange Act of 1934 during the preceding  12
months  (or for such shorter period that the Registrant  was
required to file such reports), and (2) has been subject  to
such filing requirements for the past 90 days.

                    Yes / X /     No /   /

      Shares of common stock, par value $.10 per share,
                outstanding at June 30, 1997

                         53,338,336
I 

117TH CONGRESS 

2D SESSION H. R. 6903 

To require the Secretary of Agriculture to carry out activities to suppress 

wildfires, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2022 

Mr. MCCLINTOCK (for himself and Mr. LAMALFA) introduced the following 

bill; which was referred to the Committee on Agriculture, and in addition 

to the Committee on Natural Resources, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Secretary of Agriculture to carry out activities 

to suppress wildfires, 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. SUPPRESSION OF WILDFIRES. 

4 (a) IN GENERAL.—The Secretary of Agriculture, act5 ing through the Chief of the Forest Service— 

6 (1) shall— 

7 (A) to the maximum extent practicable— 

8 (i) use all available resources to carry 

9 out wildfire suppression with the purpose 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6903 IH

1 of extinguishing wildfires detected on Na2 tional Forest System lands not later than 

3 24 hours after such a wildfire is detected; 

4 and 

5 (ii) immediately suppress any pre6 scribed fire that exceeds prescription; 

7 (B) not inhibit the suppression efforts of 

8 State or local firefighting agencies that are au9 thorized to respond to wildfire on National For10 est System lands; 

11 (2) may only use fire as a resource manage12 ment tool if the fire is a prescribed fire that com13 plies with applicable law and regulations; 

14 (3) may only initiate a backfire or burnout dur15 ing a wildfire by order of the responsible incident 

16 commander; and 

17 (4) shall control any such initiated backfire or 

18 burnout until extinguished. 

19 (b) PENALTY.—Any person aggrieved by a violation 

20 of paragraph (3) or (4) of subsection (a) may bring a civil 

21 action against the United States in the appropriate Fed22 eral district court for actual damages. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I 

117TH CONGRESS 

2D SESSION H. R. 6882 

To amend title 46, United States Code, to include certain passenger ferries 

as eligible and qualified vessels under Capital Construction Funds, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2022 

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

Committee on Transportation and Infrastructure 

A BILL 

To amend title 46, United States Code, to include certain 

passenger ferries as eligible and qualified vessels under 

Capital Construction Funds, 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. DEFINITIONS OF ELIGIBLE AND QUALIFIED 

4 VESSELS. 

5 (a) ELIGIBLE VESSEL.—Section 53501(2) of title 46, 

6 United States Code, is amended— 

7 (1) in subparagraph (A)(iii) by striking ‘‘and’’ 

8 at the end; 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 6882 IH

1 (2) in subparagraph (B)(v) by striking the pe2 riod at the end and inserting a semicolon; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) a ferry, as such term is defined in 

5 section 2101; and 

6 ‘‘(D) a passenger vessel or small passenger 

7 vessel, as such terms are defined in section 

8 2101, that has a passenger capacity of 50 pas9 sengers or greater.’’. 

10 (b) QUALIFIED VESSEL.—Section 53501(5) of title 

11 46, United States Code, is amended— 

12 (1) in subparagraph (A)(iii) by striking ‘‘and’’ 

13 at the end; 

14 (2) in subparagraph (B)(v) by striking the pe15 riod at the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(C) a ferry, as such term is defined in 

18 section 2101; and 

19 ‘‘(D) a passenger vessel or small passenger 

20 vessel, as such terms are defined in section 

21 2101, that has a passenger capacity of 50 pas22 sengers or greater.’’. 

23 SEC. 2. ESTABLISHING A CAPITAL CONSTRUCTION FUND. 

24 Section 53503(b) of title 46, United States Code, is 

25 amended by inserting ‘‘(including transportation on a 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 6882 IH

1 ferry, passenger vessel, or small passenger vessel, as such 

2 terms are defined in section 2101, that has a passenger 

3 capacity of 50 passengers or greater)’’ after ‘‘short sea 

4 transportation’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
Exhibit 32.2

Certification of Chief Financial Officer 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 Chyron Corporation (the "Company") on Form 10-Q for the quarter ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jerry Kieliszak, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(i) 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.

Dated:  November 9, 2007

| | /s/ Jerry Kieliszak      
| | -------------------------
| | Jerry Kieliszak          
| | Senior Vice President and
| | Chief Financial Officer  
| |
<PAGE> 
                                                                 Exhibit 10(d)






                                    AMENDMENTS TO
                              J. C. PENNEY COMPANY, INC.
                           1995 DEFERRED COMPENSATION PLAN







                                Adopted April 4, 1997 




<PAGE>
          1.   The definition of Eligible Associate in Section 2 shall be
                                 __________________
               amended effective January 1, 1998 in its entirety as
               follows:

               Eligible Associate means any associate of an Employer whose 
               __________________
               Earnings in the preceding Plan Year (or in the calendar year
               ended December 31, 1994, in the case of the first Plan Year)
               equalled or exceeded the applicable Earnings Dollar Limit.

          2.   Section 5 shall be amended effective January 1, 1998 to
               revise sentence one of paragraph two as follows:

               The Election to Defer shall be stated as a whole percentage
               of the total of Base Salary, COMP, and PUP, and the deferral
               percentage shall be the same for each such form of
               compensation.

          3.   Section 7 shall be amended effective August 1, 1997 to
               revise the paragraph entitled Interest as follows: 
                                             ________

               Each Participant's Account shall be credited with interest
               on a daily basis using an interest rate equal to the Moody's
               Single A Corporate Bond Yield in effect as of the last day
               of a month, except as otherwise provided in Section 10
               hereof.  The interest rate determined as of the last day of
               a month shall be used to credit interest to each
               Participant's Account for the period beginning on the fifth
               business day of the next month through the fourth business
               day of the next following month.  Interest at the applicable
               rate, as stated above, shall continue to accrue and be
               credited to a Participant's Account in accordance with the
               above provisions until the Account is fully distributed. 
               The Personnel and Compensation Committee may amend or change
               the annual effective interest rate at any time and from time
               to time.

                                          2
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 January 13, 2017

d0110

Order 

Clerk

January 13, 2017

154783

FEDERAL HOME LOAN MORTGAGE

CORPORATION,

Plaintiff/Counterdefendant- Appellee,

v SC: 154783

COA: 333361

Cass CC: 15-000723-AV

TODD HOUSE and CAROL HOUSE,

Defendants/Counterplaintiffs- Appellants. 

_________________________________________/

On order of the Court, the stipulation signed by counsel for the parties agreeing to 

the dismissal of this application for leave to appeal is considered, and the application for 

leave to appeal is DISMISSED with prejudice and without costs.