alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### H. & T. C. R. R. Co. v. A. E. Loughbridge.

(No. 2066, Op. Book No. 3, p. 754.)

Appeal from Brazos County.

Opinion by

Watts, J.

§ 1300. *Railroad; liability for killing, etc., stock; cause of action staled; negligence need not be alleged.*The liability of a railroad company for killing or injuring stock in operating their trains is, by the terms of the statute, *prima facie*absolute. In other words, the owner of the stock states a cause of action, upon which he is *prima facie*entitled to recover, when he alleges that the railroad company, in operating its trains, killed or injured certain stock belonging to him, describing the same and stating its value. A petition in such case need not allege negligence on the part of the company in 023-erating its trains, nor in failing to fence its road. [R. S. 4245.]

§ 1301. *Same; not required to fence road.*The statute does not require railroad companies to fence their *755roads, but provides that if they do, it.shall so far constitute a defense to the action provided for in article 4245, Revised Statutes, that they will not be liable for killing or injuring stock, unless the killing or injuring resulted from the want, on their part, of ordinary care. This construction of the statute in no way militates against the doctrine in Bethje v. R. R. Co. 26 Tex. 604, which case arose before the passage of the statute cited, nor that of R. R. Co. v. Terry, 42 Tex. 451, and R. R. Co. v. Samora, *ante,*p. 62.]

§ 1302. *Killing stock; measure of damage; market value; evidence to prove.*In an action for killing stock, the measure of damage is the market value of the animal killed. The market value at a given time and place may be proved by evidence of actual sales of like property, and evidence of a single sale is relevant and admissible, but not sufficient alone to establish market value. [Abbott’s Tr. Ev. 309.] In the absence of evidence to establish market value, it is competent to prove.what price had been offered for the animal, as tending to show its market value.

Affirmed.
EXHIBIT 32



CERTIFICATION



The undersigned hereby certify that the Annual Report on Form 10-K for the fiscal year ended December 31, 2009 of PHL Variable Insurance Company (the Company) filed with the Securities and Exchange Commission on the date hereof fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of the Company.

|                          |                       |        |                                    
|------------------------- | --------------------- | ------ | -----------------------------------
|/s/ Philip K. Polkinghorn | /s/ Peter A. Hofmann 
|Name:                     | Philip K. Polkinghorn | Name:  | Peter A. Hofmann                   
|Title:                    | President             | Title: | Senior Executive Vice President and
|                          |                       |        | Chief Financial Officer            
|Date:                     | March 23, 2010        | Date:  | March 23, 2010                     



A signed original of this written statement required by Section 906, or other document 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 PHL Variable Insurance Company and will be retained by PHL Variable Insurance Company and furnished to the Securities and Exchange Commission or its staff upon request.
583 A.2d 342

#### STATE OF NEW JERSEY v. DARRYL BRODIE.

March 20, 1990.

Petition for certification denied.
533 A.2d 202

#### Twining Services Corp., and Frank Kelly and Elizabeth Kelly, t/a Twining Village Associates, Appellants *v.*Northampton, Bucks County Municipal Authority, Appellee.

Argued June 8, 1987,

before Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three.

*104*John J. Kerrigan, Jr., Stuckert and Yates,*for appellants.

*Michael T. Scott,*with him, *James J. Ferrelli, Pepper, Hamilton*& *Scheetz,*for appellee.

November 13, 1987:

Opinion by

Judge Doyle,

Twining Services Corporation and Frank and Elizabeth Kelly, t/a Twining Village Associates (Appellants) appeal from an order of the Court of Common Pleas of Bucks County denying their motions for post-trial relief and thus dismissing the complaint in equity. We affirm.

Appellants, the operators of a retirement community called Twining Village, brought suit against Northampton, Bucks County Municipal Authority (Authority), which provides sewer service to Twining Village. Appellants sought to have contracts with the Authority voided on the ground that they were executed under extreme economic duress, to have a declaration that the Authority’s rates were unreasonable and arbitrary, and to gain a refund of alleged overpayments.

All of the issues in this case were extensively covered in the opinions of the able President Judge Garb of the Court of Common Pleas of Bucks County in *Twining Services Corp. v. Northampton, Bucks County Municipal Authority,*44 Pa. D. & C. 3d 89 (1984) and *Twining Services Corp. v. Northampton, Bucks County Municipal Authority,*49 Bucks L. Rep. 210 (1986). 44 Pa. D. & C. 3d 93 (1986), and we affirm on the basis of those opinions.

Order

Now, November 13, 1987, the order of the Court of Common Pleas of Bucks County, No. 82-05225-10-5 dated May 27, 1986, is affirmed.
Amendment No. 3 to Americredit Corp. Employee Stock Purchase Plan



 Exhibit 4.4.3 
  
 AMENDMENT NO. 3 
 TO 
 AMERICREDIT CORP. EMPLOYEE STOCK PURCHASE PLAN 
  
 THIS AMENDMENT NO. 3 to the AmeriCredit Corp. Employee Stock Purchase Plan is effective as of November 5, 2003. 

 
 1. Introductory Statements. The AmeriCredit Corp. Employee Stock
Purchase Plan (the “Purchase Plan”), Amendment No. 1 to the Purchase Plan and Amendment No. 2 to the Purchase Plan have previously been approved and adopted by the Board of Directors and the shareholders of AmeriCredit Corp. At a meeting
of the Board of Directors of AmeriCredit Corp. held on August 27, 2003, Amendment No. 3 to the Purchase Plan (set forth below) was adopted and approved; subsequently, at the Annual Meeting of Shareholders of AmeriCredit Corp. held on November 5,
2003, the shareholders of AmeriCredit Corp. adopted and approved Amendment No. 3 to the Purchase Plan. 
  
 2. Amendment. As a result of the approvals described above, the first sentence of Paragraph 12(a) of the Purchase Plan is hereby amended and
modified so as to provide in its entirety as follows: 
  
 “The maximum number of shares of Common Stock which shall be made available for sale under the Purchase Plan shall be 5,000,000 shares, subject to adjustment upon changes in capitalization of the Company as provided in Paragraph
18.” 
  
 3. No Other Changes. Other than as expressly
set forth above, the remaining language of Paragraph 12(a) of the Purchase Plan shall not be modified, and the only effect of the Amendment will be to increase the number of shares of Common Stock authorized and available for issuance under the
terms of the Purchase Plan. All other terms and provisions of the Purchase Plan shall continue in full force and effect without change. 
  
 EXECUTED this 5th day of November, 2003. 
  

	 
		
	 	 	/s/ Chris A. Choate
	 	

	 	 	 Chris A. Choate,
 Executive Vice President, Chief
 Legal Officer and Secretary
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Veronica Kelly, :

Petitioner :

:

v. :

:

Workers' Compensation Appeal :

Board (Commonwealth of :

Pennsylvania), :

Respondent : No. 138 C.D. 2014

O R D E R

NOW, September 2, 2014, having considered petitioner’s application for 

reargument, and respondent’s response in opposition thereto, the application is denied.

 BY THE COURT:

 

 DAN PELLEGRINI,

 President Judge
110TH CONGRESS 

1ST SESSION H. J. RES. 43 

JOINT RESOLUTION 

Increasing the statutory limit on the public debt. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That subsection (b) of section 3101 of title 31, United 

4 States Code, is amended by striking out the dollar limita- 
2 

•HJ 43 EH 

1 tion contained in such subsection and inserting in lieu 

2 thereof $9,815,000,000,000. 

Passed the House of Representatives May 17, 2007. 

Attest: 

Clerk. 

110TH CONGRESS 

1ST SESSION H. J. RES. 43 

JOINT RESOLUTION 

Increasing the statutory limit on the public debt.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 50900 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Abraham Rodriguez,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 2:19

- CR

- 1081

- 1

Before **Jolly, Willett,**  and **Engelhardt,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Abraham Rodriguez has moved
for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Rodriguez has not filed a response. We have reviewed counsel’s

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 16, 2022
Lyle W. Cayce Clerk Case: 21-50900 Document: 00516359606 Page: 1 Date Filed: 06/16/2022No. 21

- 50900

2 brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is

**GRANTED** , counsel is excused from further responsibilities herein, and
the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-50900 Document: 00516359606 Page: 2 Date Filed: 06/16/2022
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 12

- 3598

___________

LINDSWORTH SESSAY,

Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES,

Res pondent

_________________________________

On Petition for Review of an Order of the

Board of Immigration Appeals

(Agency No. A076

- 576

- 183)

Immigration Judge: Honorable Leo A. Finston

________________

SUR PETITION FOR PANEL REHEARING

____________ ____

Present: SCIRICA, JORDAN and GREENBERG Circuit Judges

The petition s for panel rehearing in the above

- entitled case having been submitted

to the judges who participated in th e decision of this Court, and the members of the panel

having voted fo r rehearing, the petition s for rehearing are GRANTED . The opinion and

judgment entered March 27, 2013 are hereby vacated. A subsequent opinion will be

issued.BY THE COURT,

/s/ Anthony J. Scirica

Circuit Judge

DATED: May 1, 2013

SLC/cc: Lindsworth Brown

- Sessay

Lin d say M. Murphy

Nicole Prairie
```

[Congressional Record Volume 141, Number 82 (Wednesday, May 17, 1995)]
[Senate]
[Pages S6801-S6802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

 RECOGNIZING RECIPIENTS OF THE GIRL SCOUT GOLD AWARD FROM THE STATE OF 
                                MARYLAND

  Ms. MIKULSKI. Mr. President, each year an elite group of young women 
rise above the ranks of their peers and confront the challenge of 
attaining the Girl Scouts of the United States of America's highest 
rank in scouting, the Girl Scout Gold Award. [[Page S6802]] 
  It is with great pleasure that I recognize and applaud young women 
from the State of Maryland who are this year's recipients of this most 
prestigious and time honored award.
  These young women are to be commended on their extraordinary 
commitment and dedication to their families, their friends, their 
communities, and to the Girl Scouts of the United States of America.
  The qualities of character, perseverance, and leadership which 
enabled them to reach this goal will also help them to meet the 
challenges of the future. They are our inspiration for today and our 
promise for tomorrow.
  I am honored to ask my colleagues to join me in congratulating the 
recipients of this award from the State of Maryland. They are the best 
and the brightest and serve as an example of character and moral 
strength for us all to imitate and follow.
  Finally, I wish to salute the families, Scout leaders, and the Girl 
Scouts of Central Maryland who have provided these young women with 
continued support and encouragement.
  It is with great pride that I submit a list of this year's Girl Scout 
Gold Award recipients from the State of Maryland, and I ask unanimous 
consent that the list be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    Girl Scout Gold Award Recipients

       Keri Albright.
       Laura Bopp.
       Elizabeth Brousil.
       Linda Chermock.
       Christina Chillemi.
       Christy Gordon.
       Devon Grove.
       Sarah Hoyt.
       Jennifer Kehm.
       Melissa Kowalczyk.
       Julie Kowalewski.
       Janet Kuba.
       Kara Lundell.
       Carole Madden.
       Karen Malinowski.
       Jodie Manning.
       Kristy Manning.
       Rebecca Milanoski.
       Katie Owens.
       Leslie Perkins.
       Dana Phillips.
       Patricia L. Potler.
       Virginia-Marie Prevas.
       Courtney Risch.
       Kristen Repoli.
       Nicole Richardson.
       Danielle Rivera.
       Jennifer Rutledge.
       Sherry D. Servia.
       Shannon Skidmore.
       Catherine Smith.
       Katherine E. Stephens.
       Laura A. Vanbrunt.
       Rachel Wright.

                          ____________________
```
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Robert H. Baldwin, certify that:

 

1.                          I have reviewed this amendment to the annual report on Form 10-K/A of CityCenter Holdings, LLC; and

 

2.                          Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

 

 
| April 30,   2013 | /S/ ROBERT H. BALDWIN                                                                                     |
|-----------------------|-----------------------------------------------------------------------------------------------------------|
|                  | Robert   H. Baldwin                                                                                       |
|                  | President   and Chief Executive Officer of Project CC, LLC, managing Member of CityCenter   Holdings, LLC |

 

----
```

[Congressional Record Volume 141, Number 85 (Monday, May 22, 1995)]
[House]
[Page H5374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SUBSEQUENT ACTION ON A REPORTED BILL SEQUENTIALLY REFERRED

  Under clause 5 of Rule X the following action was taken by the 
Speaker:

            [The following action occurred on May 20, 1995]

       H.R. 1561. The Committee on the Judiciary discharged.

                          ____________________
```
760 A.2d 1164

#### COMMONWEALTH of Pennsylvania, Petitioner, v. Basil Gary DOYLE, Respondent.

Supreme Court of Pennsylvania.

Oct. 12, 2000.

*344
      *ORDER*

PER CURIAM:

AND NOW, this 12 th day of October, 2000, it is hereby ordered that the Petition for Allowance of Appeal is hereby GRANTED. It is further ordered that the order of the Superior Court is REVERSED, the judgment of sentence is vacated and the case is remanded for proceedings consistent with *Commonwealth v. Vasquez,*562 Pa. 120, 753 A.2d 807 (2000).
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT 2002

 

In connection with the Quarterly Report of Trans Energy, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James K. Abcouwer, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of            the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

 

|   | (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 financial condition and result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/S/ JAMES K. ABCOUWER___

James K. Abcouwer

Chief Executive Officer

November 16, 2009

 

A signed original 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.
IA 

110TH CONGRESS 

2D SESSION H. J. RES. 83 

Proposing an amendment to the Constitution of the United States providing 

that the Constitution does not preclude a penalty of death, including 

when it is imposed for the rape of a child under 16 years of age. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2008 

Mr. BROUN of Georgia introduced the following joint resolution; which was 

referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States providing that the Constitution does not preclude 

a penalty of death, including when it is imposed for 

the rape of a child under 16 years of age. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 


jbell on PROD1PC69 with BILLS
2 

•HJ 83 IH 

1 States within seven years after the date of its submission 

2 for ratification: 

3 ‘‘ARTICLE — 

4 ‘‘The death penalty is permitted under the Constitu5 tion and does not constitute cruel and unusual punish6 ment, including when the death penalty is imposed for the 

7 rape of a child under sixteen years old.’’. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 4.4(e)


              AMENDMENT

               TO THE

       MILLENNIUM CHEMICALS INC.

    SALARY AND BONUS DEFERRAL PLAN


	WHEREAS, Millennium Chemicals Inc. (the
"Company") adopted the Millennium Chemicals Inc.
Salary and Bonus Deferral Plan (the "Plan") for
the benefit of certain of its employees effective
as of October 8, 1996;

	WHEREAS, pursuant to Section 5.1 of the
Plan, the Board of Directors of the Company (the
"Board") may wholly or partially amend or modify
the Plan; and

	WHEREAS, the Board desires to amend the
Plan;

	NOW, THEREFORE, the Plan is amended as
follows:

	Section 3.1 Deferred Salary Election

	Amend paragraph 3.1(a) to add a new sentence
to read as follows:

"Effective January 1, 2003 no future
Deferred Salary Elections shall be permitted to
be made under this Plan."

Section 3.2 Deferred Bonus Election

Amend paragraph 3.2(a) to add a new sentence
to read as follows:

"Effective January 1, 2003 no future
Deferred Bonus Elections shall be permitted to be
made under this Plan and any such election for a
bonus to be paid in respect of calendar year 2003
shall be deemed cancelled.

Section 3.4 Additional Deferral Election

Amend paragraph 3.4(a) to add a new sentence
to read as follows:

"Effective January 1, 2003 no further
Additional Deferral Elections shall be permitted
to be made under this Plan."



IN WITNESS WHEREOF, this amendment has been
executed this 31st day of December 2002.




		         Millennium Chemicals Inc.


			 /s/ Myra J. Perkinson
                         ---------------------
                         Myra J. Perkins
                         Senior Vice President
                         Human Resources and
                         Administration
OFFICE OF THE A’lTORNEY GENERAL OF IMAS: 

AUSTlN 

Honorable Homer Garrison, Jr., Director 

De>artn;e& of Public EiaSety 

Camp Xabrg 

Dear Sir: 

hed photostatio 

uest Sor an 

rovides for the 

e by owners oi 

ttoo marks ,and 

eotor OS this 

he County Clerk 

oa a osrtiiied copy 

e riled in the county 

ment is oonternplating using 

033 of ocpffng the original 

e bottom part OS the original 

1 be inasked out, and the rollowing 

certification will be shown: 

1 I hereby oertify that the above 

Certifioate is a true photost;tio aopy 

OS the original certifloate, the above 
&&orabLe i’%mw’ Corrioon, 3r., Giawtor &%$:,a 2 

t~ttoc, bxs been issued to this 

a&icLlnt, clnd Silod in the.oSfice 

OS the Bureau of Idemtifieatioo und 

Aeoords of thd Terss Ds~artaent of 

Fublio Safety, suetin, ‘~eras and 18 

a pax-t of th8 permanent reoorde or 

aaid WraPu. 

30~~s iiarriron, Jr., 

Dfraator , Department 

OS 2:‘ubm .idtf 

3y: 

Joe 8. P ldtaher, Chief 

Sumall or ldentlrication 

aQd Eieoords ’ 

“The eignatum or the person oertifyinp; to the 

oertifiodte will be a photostirtio co;y. 

wii r45gmruuy request 

phqto5tittiie cogp of a parnon’s 

tifiarrte is lc&aL, or must the 

by the individual aanua&ly. 

“Vie are atCaching hereto 

OS the above certifioation aad 

your opinion If the 

oignature to B aeraigacltu.re be ei6m3 

. 

a photoete:ia oopg 

fiignfitura.” 

*It s:~ll bs the duty of ,tbe Elreotor to forward 

to the County Clerk oS the applicant’s reaidenae a 

oierciffdd 007~ of said ragietratiozi to be iilsd 15 

the County Clork’8 ofrios OS osld County in a rsgulur 

book Sor tazt purgoee, the filing feee to be paid by 

the parson eo registering said tattoo mark and Paid 

Sillng Pee ofl~ll not rrosad t&a ours OS lWmty-five 

Centa." 

You athte that you are aoutemplutfng ualng a 

C;~2otoetstio yroaes4 0s co2ylng the origlaal up~lioation 

but that tba bottom part will be Assked out. 'L4 ura not 
Eonorabls Homer Garrison Jr., Director Pago 3 i ‘\ 

rurnished e cogy OS this a ~lloation, 

P 

and are not certain thcrt 

wa undaratad your propoes , however, w% do not believe that 

;;;i;;uld be Justified in i;hotostablng a portion OS auoh tlpplil 

‘20 be,lieir t&t the above quoted motion of mmte 

#ill 62 requires the Sillng with the County Clerlt of a true 

004 aorreot aopy of the whole q?2llaatioo for registration. 

30 &r% Surthor of the opinion that such ssotloa requires the 

certificate to bear the aigorrturs OS th9 yeraon mklng t&s 

oertlffootlon d that the jd%otostrrtla l tgnatum will bo 

ln8uffiolenc for such pwpoae. 

LA:ncd