alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### G. W. Strohl v. A. M. Pinkerton.

(No. 2643, Op. Book No. 4, p. —.)

Appeal from Wichita County.

Opinion by

Willson, J.

§ 470. *Plea to jurisdiction that defendant was not sued in the county of his residence.*Defendant pleaded to the jurisdiction that he had not been sued in the county of his domicile; that his domicile was in Tarrant county, and was not and never had been in Wichita county. This plea was sworn to. Upon this issue defendant’s domicile, at the time of the institution of the suit, ivas conclusively shown to be in Tarrant county. He never at any time had a domicile in Wichita county, and there *218was no fact alleged or proved which brought the case within any of the exceptions to the general rule that an inhabitant of this state shall be sued in the county of his domicile. [Rev. Stats, art. 1198.] We think, upon this issue, the verdict was manifestly contrary to the evidence. It was the manifest intention of the statute to secure to every inhabitant of the state the right of being sued in the county of his residence. This right cannot be denied him. [Brown v. Bouldin, 18 Tex. 431.] That Strohl for a while remained in Wichita county, and carried on business there, did not change his fixed domicile from Tarrant to Wichita. [Blucher v. Milsted, 31 Tex. 621.]

§ 471. *Plea in abatement; non-joinder of parties.*Where the contract out of which the indebtedness arose was made by Strohl with one J.' M. Pinkerton alone, and the work and labor under the contract was performed jointly by J. M. Pinkerton, one Smith, and plaintiff, *held,*that the plaintiff had no right *to*maintain the suit individually. There was no privity of contract shown to exist between him and defendant. All interest which plaintiff had in this indebtedness arose from a contract between J. M. Pinkerton, Smith and himself, with which defendant had nothing to do. J. M. Pinkerton could maintain the suit, the contract having been made with him; or J. M. Pinkerton, Smith and plaintiff might have sued jointly, they being joint owners of the debt; but it was not within their power, by an arrangement amongst themselves, to divide the debt between themselves so as to enable each of them separately to sue for his individual share of the same. [Stachely v. Pierce, 28 Tex. 328; Speake v. Prewitt, 6 Tex. 252.]

§ 472. *Plea in abatement must be sworn to, when.*Where defendant pleaded that he had been served with a writ of garnishment at the suit of Burns & Jordan, in Tarrant county, to answer in regard to the debt sued for, and that said garnishment proceedings were then pending and undetermined, *held,*that the answer was a plea *219in abatement, and to be entitled to any consideration would have to be sworn to, which was not done. [Rev. Stats. art. 1265.]

May 5, 1883.

Reversed and remanded.
<Page>




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INDEPENDENT AUDITORS' CONSENT

We consent to the use in this Post-Effective Amendment No. 9 to Registration
Statement No. 333-43799 of Fortis Benefits Insurance Company Variable Account D
on Form N-4, of our report dated February 28, 2003 of Fortis Benefits Insurance
Company Variable Account D relating to the financial statements as of and for
the year ended December 31, 2002, appearing in the Statement of Additional
Information, which is a part of such Registration Statement, and to the
reference to us under the headings "Experts" in such Statement of Additional
Information.


Deloitte & Touche LLP
Hartford, Connecticut
December 4, 2003
SCWC-11-0000374 

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, 

Respondent/Plaintiff-Appellee,

vs.

JOHN N. AMIRAL, 

Petitioner/Defendant-Appellant. 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-11-0000374; CASE NO. 1DTI-10-123021)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI 

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Petitioner/Defendant-Appellant’s Application for Writ

of Certiorari filed on June 4, 2013, is hereby accepted and will

be scheduled for oral argument. 

The parties will be notified by the appellate clerk

regarding scheduling.

DATED: Honolulu, Hawai#i, July 15, 2013.

Kevin O’Grady

for petitioner

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

Electronically Filed

Supreme Court

SCWC-11-0000374

15-JUL-2013

02:55 PM
News United States Air Force
 AF to launch narrative performance statements for award nominationsPublished Oct. 6, 2022
                        
                        
                        Secretary of the Air Force Public Affairs
                **ARLINGTON, Va. (AFNS) --**
                The Air Force will transition from bullet-style writing to narrative-style performance statements for award nominations, effective Oct. 1, 2022.The Air Force will transition from bullet-style writing to narrative-style performance statements for award nominations, effective Oct. 1, 2022. The performance statements will include all Air Force and installation-level nominations except for Department of the Air Force-level awards already announced as bullet-style inside the award criteria. (U.S. Air Force graphic)The Air Force will transition from bullet-style writing to narrative-style performance statements for award nominations, effective Oct. 1, 2022. The performance statements will include all Air Force and installation-level nominations except for Department of the Air Force-level awards already announced as bullet-style inside the award criteria. (U.S. Air Force graphic)
            
            
            Photo Details /
                Download Hi-Res

    











Performance statements consist of plain-language words and are efficient, increase clarity, and improve the ability to understand an Airman’s performance correctly and equitably.
For all award nominations, known as AF Form 1206, on or after Oct. 1, 2022, will consist of performance statements. This includes all Air Force and installation-level nominations except for Department of the Air Force-level awards already announced as bullet-style inside the award criteria.
Guidance for writing performance statements is deliberately not overly prescriptive to enable flexibility and freedom when capturing performance. The two basic principles of performance statements are standalone and readability. Each statement must include an action and at least one of the following: impact or results/outcome. Additionally, performance statements will avoid the use of uncommon acronyms and abbreviations.
The 1206 guidance is attached and can be found **here**.
The acronym and abbreviation ruleset can be found **here**.FS 



USAF 



AF 



Air Force 



narrative 



narrative-style 



performance statements 



nominations 



awards 



award criteria 



1206 



1206 guidance 



acronym and abbreviation ruleset 



ALQ Evaluations Related Links
        Transition to Performance Statements and ALQ Evaluations
News United States Air Force
 Under Secretary of the Air Force visits 175th WingPublished Sept. 13, 2021
                        
                        By Master Sgt. Christopher Schepers
                        
                        
                        175th Wing Public Affairs
                **WARFIELD AIR NATIONAL GUARD BASE, Md. (AFNS)  --**
                Under Secretary of the Air Force Gina Ortiz Jones and **Lt. Gen. Michael Loh**, **Air National Guard** director, visited **Warfield Air National Guard Base** at Martin State Airport, Sept. 11, to meet with wing leadership to discuss the ongoing efforts to provide the **COVID-19** vaccine to all wing members.
During her visit to the **175th Wing**, her first as under secretary, the conversation centered around limiting factors to executing the COVID-19 vaccination timeline, concerns voiced by Airmen, medical and religious exemptions, and what the best practices are for communicating the safety and effectiveness of the vaccine.
“When we look at the numbers Guard-wide you guys are doing very well,” Jones said. “I appreciate everything you are doing from the educational piece, to the town halls, and I thank you for everything you are doing for your Airmen.”
Jones also inquired about Airmen who are still hesitant to get the COVID-19 vaccine.
“I think the educational piece is a huge part of how we have gotten to where we are now,” said Col. Amy Kremer, 175th Mission Support Group commander. “We’ve been able to do town halls with our members and also the mass vaccination site at M&T Bank stadium where we worked with University of Maryland providers and they were able to speak with our Airmen.”
Jones and Loh also toured 175th Medical Group facilities where they observed the day-to-day operations performed by Airmen assigned to the medical group. While walking through the medical facility, Jones took the opportunity to speak with medical Airmen and thank them for everything they do.
“It was great meeting the under secretary, and to see someone who comes from a similar background as me, is inspiring,” said Tech. Sgt. Ophelia Walker, 175th MG aerospace medical technician. “It means a lot and it made me realize that what we are doing, and have done to support the citizens of Maryland and the country, is recognized by people at the highest levels of leadership.”
Jones previously served in the United States Air Force from 2002-2006 as an intelligence officer and deployed to Iraq with the 18th Air Support Operations Group supporting close air support operations.AFWN 



USAF 



AF 



Air Force 



Gina Ortiz Jones 



DV 



visit 



ANG 



Air National Guard 



175th Wing 



Warfield ANG Base 



Martin State Airport 



COVID-19 



Lt. Gen. Michael Loh 



Under Secretary of the Air Force Gina Ortiz Jones
```

[Congressional Record Volume 141, Number 81 (Tuesday, May 16, 1995)]
[House]
[Page H4965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                   MEDICARE AND THE REPUBLICAN BUDGET

  (Mr. HINCHEY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. HINCHEY. Mr. Speaker, Speaker Gingrich and the House Republicans 
are pulling a fast one on senior citizens by drastically cutting 
Medicare and using savings to fund a $350 billion tax cut for the 
wealthy. The Gingrich-Kasich budget plan will cut health care services 
for 37 million seniors receiving Medicare benefits.
  Under this plan, Medicare growth will not keep pace with the rising 
cost of health care, the growth in the number of beneficiaries and the 
inflation rate.
  The result of these cuts will be an additional cost to Medicare 
recipients of $1,000 a year--out of their own pocket--by 2002. To 
inflict these costs on seniors living on fixed incomes is inhumane.
  Where I come from, a person is only as good as their word. The U.S. 
Government has made a covenant with senior citizens and I implore my 
colleagues to make sure the Congress honors Medicare promises.
  By breaking this promise of a healthier life for tax cuts for the 
wealthy will mean turning our back on senior citizens and working 
American families.
  By slashing Medicare to pay for tax cuts for the wealthy, Speaker 
Gingrich is ensuring that the wealthy get a gold mine while senior 
citizens get the shaft.

                          ____________________
```
News United States Air Force
 Eielson AFB completes F-35A Lightning II fleetPublished April 19, 2022
                        
                        
                        354th Fighter Wing Public Affairs
                **EIELSON AIR FORCE BASE, Alaska (AFNS) --**
                **Eielson Air Force Base** finalized its status as a formidable fifth-generation fighter wing as the 354th Fighter Wing accepted delivery of its final **F-35A Lightning II** fighter aircraft, April 15.
With the arrival, the 354th FW completed a two-year buildup, resulting in two additional operational flying squadrons comprised of 54 permanently assigned, combat-coded F-35A aircraft.
“It’s a significant day for Eielson and the 354th Fighter Wing,” said **Col. David Berkland**, 354th FW commander. “Finally receiving our 54th F-35 and completing our combat fleet culminates the end of a two-year beddown process that our team executed without delay, in spite of the pandemic and our extreme Arctic environment. Today also marks Eielson as a premier, advanced airpower projection location.”
The arrival of the final aircraft cements Alaska’s status as the most concentrated state for combat-coded, fifth-generation fighter aircraft. The state also continues to be a premier training location as home to the **Joint Pacific Alaska Range Complex’s** more than 75,000 square miles of airspace.
“When you station the F-35 at Eielson and you have the **F-22 Raptor** at **Joint Base Elmendorf-Richardson**, continuously working together in the JPARC with our 18th Aggressor Squadron and advanced ground training assets, you have the best training field to advance high-end airpower operations,” Berkland said.
After years of preparation and support from units around Eielson AFB, the recently-reactivated 356th and 355th Fighter Squadrons are eager to begin utilizing their full fleets.
“I’ve been here since the beginning; I’ve seen the arrival of all 54 F-35s and I’m tremendously proud of this team, not only the maintenance personnel,” said **Col. Matt Powell**, 354th Maintenance Group commander. “When you do something big, like bring in a new mission and stand up a combat capability in a wing, everybody has a part to play in it.”
“Everybody” is not limited to Eielson personnel, but also includes the surrounding communities and their support as well.
“Support from the Fairbanks North Star Borough, City of Fairbanks and City of North Pole communities has made this all possible,” Berkland said. “We’ve felt all along as though we are joining an extended family here in the interior, and I could not ask for better partners.”
The completion of the F-35 fleet at Eielson AFB turns a page in the history of airpower and in history of the 354th FW.LR 



USAF 



AF 



Air Force 



Eielson AFB 



Pacific Air Forces 



PACAF 



F-35A Lightning II 



354th Fighter Wing 



combat training fleet 



airpower 



fifth-generation fighter aircraft
News United States Air Force
 DAF recognizes Transgender Day of VisibilityPublished March 31, 2022
                        
                        
                        Secretary of the Air Force Public Affairs
                **ARLINGTON, Va. (AFNS) --**
                The Lesbian, Gay, Bisexual, Transgender and Queer/Questioning Initiatives Team (LIT) of the Department of the Air Force Barrier Analysis Working Group (DAFBAWG) highlighted and observed Transgender Day of Visibility (TDoV) on March 31. 
 TDoV is an international awareness day dedicated to celebrating the accomplishments and victories of transgender and gender nonconforming people. In 2021, President Joe Biden issued the first presidential proclamation officially recognizing Transgender Day of Visibility, stating, “We honor and celebrate the achievements and resiliency of transgender individuals and communities.” 
 The LIT is one of seven DAFBAWG teams chartered by the Department of the Air Force since March 2021. As a dedicated focus team, LIT identifies and develops solutions for LGBTQ+ Airmen and**Guardians**who face disproportionate barriers to success. 
 “It is important for the LIT to recognizeTDoV because hundreds of transgender Airmen and Guardiansserved under the strain and restriction of two separate bans, while remaining dedicated to our country and missions,” said Master Sgt. Jamie Hash, the**LIT Transgender Policies**co-lead. “Today is a day to step back and reflect on the obstacles the trans community has overcome, recognize the work left to do, while celebrating all transgender and non-binary DAF personnel who are serving and thriving as their authentic selves.” 
 The Department of the Air Force remains dedicated to an**inclusive**environment where all Airmen and Guardians, regardless of sexual orientation or gender identity, can thrive and be enabled to perform at their best to solve complex problem sets of the 21st century operating environment. 
 Other LIT initiatives include working with other DAFBAWG teams on basing concerns, qualitative data collection and quantitative research, education and awareness, as well as medical policy review and amendment.

For information on the steps required for in-service transition, please see the **fact sheet** (Common Access Card required) on the AF Portal Transgender Policy page.FS 



USAF 



AF 



Air Force 



diversity 



inclusion 



Transgender Day of Visibility 



TDoV 



LGBT 



BAWG 



Barrier Analysis Working Group 



awareness 



One Air Force 



resiliency 



Lit Related Links
        DOD Recognizes International Transgender Day of Visibility
Order entered November 7, 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 13 - 01068 - CR No. 05 - 13 - 01069 - CR MATTHEW JAMES AYERS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4

Dallas C ounty, Texas Trial Court Cause No s. F0 3 - 01252 - K , F03 - 01253 - K



### O RDER The clerk’s record has been filed in cause no. 05

- 13

- 01069

- CR, but has not been filed in cause no. 05

- 13

- 01068

- CR. Moreover, the reporter’s record is overdue. Accordingly, we ORDER the D allas County District Clerk to file the clerk’s record in cause no. 05

- 13

- 01068

- CR (trial court no. F03

- 01252

- K) within FIFTEEN DAYS of the date of this order. The Court ORDERS the trial court to make findings of fact regarding whether appellant has been d eprived of the reporter’s record because of ineffective counsel, indigence, or for any other reason. The trial court shall first determine whether appellant desires to prosecute the appeal. If

the trial court determines that appellant does not desire to p rosecute the appeal, it shall make a finding to that effect.

 If the trial court determines that appellant desires to prosecute the appeal, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the repor ter’s record. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal.

 The trial court shall next determine: (1) the name and address of eac h court reporter who recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can be filed.
We ORDER the trial court to transmit a supplemental record, containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order. The appeal is ABATED to allow the trial court to comply with this order. It shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.
/s/ DAVID EVANS JUSTICE
```

[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[House]
[Page H4616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         EXTENSION OF REMARKS.

  By unanimous consent, permission to revise and extend remarks was 
granted to:
  (The following Members (at the request of Ms. DeLauro) and to include 
extraneous matter:)
  Mr. Obey.
  Mr. Ward.
  Mr. Hamilton in three instances.
  Mr. Kildee in two instances.
  Mr. Becerra.
  Mr. Rangel.
  Ms. Pelosi in two instances.
  Mr. Ackerman in two instances.
  Mr. Engel.
  Mr. DeFazio.
  Mr. Foglietta.
  Mr. Underwood.
  Mrs. Maloney in two instances.
  Mr. Hall of Ohio.
  Mr. Stokes.
  Mr. Lantos.
  Mr. Jacobs in two instances.
  Mr. Kennedy of Massachusetts.
  Mr. Dellums.
  Mr. Reed.
  Mr. Farr.
  Mr. Stark.
  Mr. Johnson of South Dakota.
  Mr. Condit.
  Mr. Dingell.
  Mr. Hilliard.
  Mr. Brown of Ohio.
  Mr. Richardson.
  Mr. Oberstar.
  Mr. Berman.
  Mr. LaFalce.
  Mr. Torres.
  (The following Members (at the request of Mr. Ehrlich) and to include 
extraneous matter:)
  Mr. Baker of California.
  Mr. Rogers.
  Mr. Smith of New Jersey.
  Mr. Weller.
  Mr. Davis.
  Mr. Martini.
  Mr. Ney.
  Mr. Forbes.
  Mr. Castle.
  Mr. Saxton.
  Mr. Flanagan.
  Mr. Packard.
  Mr. Ewing.
  Mr. Gilman.
  Mr. Stump.
  Mr. Cooley.
  Mr. Tate.
  Mr. Leach.
  Mr. Emerson.
  Mr. Brewster.
  (The following Members (at the request of Mr. McIntosh) and to 
include extraneous matter:)
  Mrs. Kennelly.
  Mr. Montgomery.
  Ms. Furse.
  Mr. Bachus.
  Mr. Laughlin.

                          ____________________
```
#### STATE OF NEW JERSEY v. ALVIN LYONS.

February 6, 1984.

Petition for certification denied.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

HAKIMA BAKIRI
, Appellant,

v.

ANGELO INCORVAIA, M.D. and THE HAND AND WRIST INSTITUTE OF PALM BEACH, P.L.

, Appellee s

.

No. 4D 20

- 1964

[ July 1, 2021 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; James L. Martz , Judge; L.T. Case No.

502016CA010919XXXXMB

.

Anna V. Perekotiy of Sunrise Law Firm, PLLC, Miami, for appellant.

James L. White and Marjorie H. Levine of Bo bo, Ciotoli, White & Russell, P.A., Palm Beach Gardens, for appellee.

P ER C URIAM

.

Affirmed.

K LINGENSMITH

, K UNTZ and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.