alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gill Bros. v. Ben Jackson.

(No. 2329.)

Appeal from Freestone County.

Kirven, Gardner & Etheridge, counsel for appellants.

No counsel appeared for appellee.

Opinion by

White, P. J.

§ 355. *Jurisdiction; attempt to confer improperly; rule as to; case stated.*This is a proceeding begun in justice’s court by appellants to try the right of property to a cow and calf. Appellants alleged the value of said property to be $23. Appellants having lost the case in justice’s court appealed to the county court, in which latter court appellee pleaded specially that the value of said animals did not exceed $12, and that appellants had purposely alleged their value to be $23 for the purpose of improperly giving appellate jurisdiction of the case to the county court, thereby perpetrating a fraud upon the jurisdiction of said court. The issue made by said special plea was submitted to a jury, and a verdict was returned sustaining the plea, and the appeal was dismissed. In submitting said issue to the jury the court instructed as follows: “You are instructed that if you believe from the evidence that the cow and calf in question were valued by plaintiff at .$23, without reasonable expectation of proving them to be of that value, you will find in favor of defendant’s special plea.” *Held:*This instruction was error. It was not necessary to sustain the jurisdiction of the court that the proof should show the value of the property to be exactly $23. If the value ex-*425ceecled $20 the county court bad jurisdiction. [R. S. art. 1165.] There was evidence from which the jury may well have concluded that the value of the property exceeded $20, but did not amount to $23. In a case admitting of reasonable doubt as to whether the amount in controversy is within the jurisdiction of the court, and where the plaintiff might have had reasonable grounds to believe that he could recover a sum within the jurisdiction of the court, the case will not be dismissed; for all intendments, in a doubtful case, are in favor of the jurisdiction.. [Dwyer v. Bassett, 63 Tex. 274; R’y Co. v. Nicholson, 61 Tex. 550; 1 App. C. C. § 519.]

February 8, 1888.

§ 356. *Evidence as to value held incompetent.*Instead of limiting the testimony as to the value of the cow and calf in question to witnesses who knew these particular animals, the court, o.ver the objection of- appellants, permitted several witnesses who did not know said animals to testify as to the general market value of stock cattle upon the range, it being already in proof that the cow id question in this case was -a milch cow, and was well known to a number of witnesses who testified at the trial, and who .knew her market value. *Held,*it was error to admit such testimony, as it was irrelevant, not tending to prove the value of the particular animals in question. [1 Greenl. Ev. § 52.]

Reversed and remanded.
#### STATE OF NEW JERSEY v. MICHAEL J. BROWN.

January 17, 1984.

Petition for certification denied.
<PAGE>

                                                                   EXHIBIT 23.01

CONSENT OF INDEPENDENT ACCOUNTANTS

The Board of Directors
Keynote Systems, Inc.:

We consent to the incorporation by reference in the Form S-8 (333-87791), the
Form S-8 (333-47980) and the Form S-3 (333-47156) of Keynote Systems, Inc. of
our report dated October 27, 2000, with respect to the consolidated balance
sheets of Keynote Systems, Inc. and subsidiaries as of September 30, 2000 and
1999 and the related consolidated statements of operations, stockholders' equity
(deficit) and cash flows for each of the years in the three-year period ended
September 30, 2000, and the related financial statement schedule, which report
appears in the September 30, 2000 annual report on Form 10-K of Keynote Systems,
Inc. and subsidiaries.


                                                  /s/ KPMG LLP

Mountain View, California
December 29, 2000
583 A.2d 336

#### STATE OF NEW JERSEY v. AARON TROUPE.

March 7, 1990.

Petition for certification denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1998 AND THE
UNAUDITED CONSOLIDATED STATEMENT OF INCOME FOR THE THREE MONTHS ENDED
SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRITY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             136
<SECURITIES>                                         0
<RECEIVABLES>                                   10,564
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         425,548
<DEPRECIATION>                                  33,145
<TOTAL-ASSETS>                                 405,907
<CURRENT-LIABILITIES>                           21,073
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         30
<COMMON>                                           163
<OTHER-SE>                                     206,594
<TOTAL-LIABILITY-AND-EQUITY>                   405,907
<SALES>                                         18,404
<TOTAL-REVENUES>                                18,480
<CGS>                                                0
<TOTAL-COSTS>                                    7,343
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,861
<INCOME-PRETAX>                                  8,276
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              8,276
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,646
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                     0.36
        

</TABLE>
#### Robinson VENTURES, L.L.C. v. STATE of Louisiana, Through The Division of Administration, Office of Community Development, ICF Emergency Management Services, LLC, First American Title Insurance Company of Louisiana, Inc. et al.

No. 2010-CC-2317.

Supreme Court of Louisiana.

Feb. 4, 2011.

In re Louisiana State of et al.; —Defendant; Applying For Supervisory and/or *315Remedial Writs, Parish of Orleans, CM District Court Div. I, No. 2010 — 4016; to the Court of Appeal, Fourth Circuit, No. 2010-C-1163.

Denied.

VICTORY and CLARK, JJ., would grant.
**Exhibit 31.2**

 

**Certification Pursuant to**

**Section 302 of theSarbanes-Oxley Act of 2002**

 

I, G. Kenneth Burckhardt,certify that:

 

1.   Ihave reviewed this quarterly report on Form 10-Q of McLeodUSA Incorporated;

 

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

 

3.   Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.   Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)                    Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)                   Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)                    Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.   Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a)                    Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)                   Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

 
|   | May 10, 2004 |                     | /s/ G. Kenneth Burckhardt |   |
|--------|--------------|--------------------------|---------------------------|--------|
|   |         | G. Kenneth  Burckhardt   |
|   |         | Chief  Financial Officer |

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-3315-EM; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of an emergency declaration for the Commonwealth of Massachusetts (FEMA-3315-EM), dated September 2, 2010, and related determinations.

# DATES:

*Effective Date:*                         September 4, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this emergency is closed effective September 4, 2010.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-24008 Filed 9-23-10; 8:45 am]

BILLING CODE 9111-23-P
FILED U.S. COURT OF AP P E A LS E LE V EN T HC IRC U IT March 17, 2008 THOMAS K. KAH

N CLERK [ DO NO T P UB L I S H]
I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 07- 12416

________________________ D
. C. D o c k e tN o . 0 5
- 0 0 3 9 7
- CV
- O C- 1 0 G RJ M A R G A T A Y L O R , as P er sonal R epre se nt at i ve of the E st at e o f E a r l C . H itc h c o c k , P la in tif f
- A p p e lle e , v ersu s E D D E A N , i n d i v i d u al l y, an d i n h i s offi ci al capaci ty a s S heri ff of M a r io n C o u n ty , F lo r id a , e t a l., D e f e n d a n ts , J O H N N Y P A P P A S , i ndi vi dua l l y , a nd i n hi s off i ci al capaci ty a s D eputy S heri ff o f M a r io n C o u n ty , F lo r id a , D e f e n d a n t- A p p e lla n t.

________________________ A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe M i ddl e D i s tr i c tof F l or i da

_________________________ ( M ar c h 17, 2008)Honora ble B . Avant Edenfield, United States District Judge f or the Southern District of * Georg ia, sitting by

designation. 2 B ef ore H U L L and W IL S O N , C i rc ui tJudg es , and E D E N F IE L D , D i stri ctJudg e. * P E R C U R I A M: A ft erre vi ew and o ra l ar gu m ent , w e f i nd no re vers i bl e e rr or i n the di stri ct
c our t ’ s M a y 17, 2007 or de rde ny i ng s um m a ry j udgm e ntt o de f e nda nt - appe l l a nt Jo h n n y P ap p as. AF F I RME D.
##### 



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 Annual Report of Silverleaf Resorts, Inc. (the Company) on Form 10-K
for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Robert E. Mead, Chief Executive 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:  (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. Dated: March 25, 2005
    
    /s/ ROBERT E. MEADRobert E. Mead
 A signed original of this written statement required by Section 906 has been provided to
Silverleaf Resorts, Inc. and will be retained by Silverleaf Resorts, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
```

[Congressional Record Volume 141, Number 84 (Friday, May 19, 1995)]
[Senate]
[Pages S7021-S7022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                  NATIONAL DEFENSE TRANSPORTATION DAY

 Mr. WARNER. Mr. President, today, as we celebrate National 
Defense Transportation Day, I rise to recognize the important 
contributions that the people who serve in military transportation 
specialties, as well as those who work in the U.S. civil transportation 
industry, have made to the security of our Nation.
  As our military increasingly becomes a U.S.-based, power projection 
force, our transportation assets become an even more crucial element of 
the national defense. Without possessing the ability to rapidly and 
efficiently move our service personnel and their equipment into an 
overseas theater of operations, all of the money we have spent and all 
of the effort we have put into building the strongest armed force in 
the world would be for naught.
  I am sure that we all can vividly recall the Herculean effort our 
military and civilian transporters made during Operation Desert Shield 
in moving large numbers of people and massive amounts of materiel from 
two continents into the Persian Gulf region, in record time. As our 
military leaders can attest, that transportation capability served as a 
combat multiplier, and played a significant role in our decisive 
victory.
  Today, the many people involved in U.S. defense transportation 
continue the long tradition of excellence in service to the Nation. 
Whether military or civilian; manufacturers or operators; air 
transporters, sea transporters, or ground transporters; these Americans 
represent the very best our Nation has to offer. I commend them for 
their hard work and their many contributions to national security.
  I would also like to take this opportunity to recognize the National 
Defense Transportation Association [NDTA], headquartered in Alexandria, 
VA. Within a membership of over 8,000 people, configured into 70 
chapters within the United States and overseas, the NDTA has served as 
a catalyst in building the critically important military-private sector 
partnership for defense transportation. In this, its 51st year, NDTA 
continues to play a vital role in keeping the American defense 
transportation capability the best in the world. [[Page S7022]] 
  Mr. President, I trust my colleagues will join me today in saluting 
the NDTA, and all Americans working in defense transportation, on 
National Defense Transportation Day.

                          ____________________
```
Department of the United States Air Force LogoBiography
                  United States Air Force070307-F-JZ504-273.JPG
            LIEUTENANT GENERAL JAMES M. KECKLieutenant General James M. Keck is vice commander in chief, Strategic Air Command, headquartered at Offutt Air Force Base, Neb. He assumed this position Oct. 1, 1973, after serving as commander of 2d Air Force, SAC's largest subordinate command which controls the majority of assigned B-52, KC-135, and FB-111 aircraft, as well as a portion of the Minuteman and Titan missiles.

General Keck was born in Scranton, Pa., in 1921. He attended high school in Cranston, R.I., and Brown University in Providence. He entered the U.S. Military Academy at West Point, N.Y., in July 1940, and received a bachelor of science degree in engineering and a commission as a second lieutenant in the Army Air Corps in 1943. He graduated in the first class to receive pilot training at the academy.

During World War II, General Keck completed two combat tours of duty as a B-24 pilot with the 8th Air Force in Europe, participating in all the campaigns of the 8th Air Force. After the war he served in many command and staff positions, including inspector general, comptroller, operations, intelligence, personnel, plans and materiel.

General Keck graduated from the senior course of the Naval War College in Newport, R.I., in 1952, and then was assigned on the staff of the commander in chief, Pacific. He went to Washington, D.C., in June 1955, where he first served on the Air Staff and then in the Office of the Secretary of Defense. He entered the National War College, Washington, D.C., in August 1959 and graduated in June 1960.

He served from June 1960 to June 1970 with the Strategic Air Command in tactical units employing B-47, B-52, KC-97 and KC-135 aircraft. He was commander of Pease Air Force Base, N.H., and the 465th Bombardment Wing at Robins Air Force Base, Ga. He served as inspector general and later as director of materiel for Headquarters 8th Air Force at Westover Air Force Base, Mass., and then as commander of the 72d Bombardment Wing at Ramey Air Force Base, Puerto Rico.

He assumed command of the 17th Strategic Aerospace Division at Whiteman Air Force Base, Mo., in July 1967. He was transferred to Strategic Air Command Headquarters at Offutt Air Force Base, Neb., in February 1968 as deputy chief of staff, comptroller and later became assistant deputy chief of staff for operations.

In June 1970 General Keck was assigned to Headquarters U.S. Air Force as deputy director of operations and in January 1971 he became director of plans.

General Keck took command of 2d Air Force on May 1, 1972, and assumed his present position Oct. 1, 1973.

His military decorations and awards include the Legion of Merit with oak leaf cluster, Distinguished Flying Cross with oak leaf cluster, and the Air Medal with three oak leaf clusters. He wears the Master Missileman Badge.

General Keck was promoted to the grade of lieutenant general May 16, 1972, with same date of rank.

(Current as of August 1976)Department of the Air Force Logo
#### NEXEN PETROLEUM U.S.A., INC. v. INTERMOOR, INC.

No. 2010-CC-2767.

Supreme Court of Louisiana.

Feb. 4, 2011.

In re Nexen Petroleum U.S.A. Inc.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. E, No. 118,344; to the Court of Appeal, First Circuit, No. 2010 CW 1340.

Denied.
#### Owen D. OATES *v.*Maria Teresa OATES

99-1210

10 S.W.3d 891

Supreme Court of Arkansas

Opinion delivered March 2, 2000

*H. Oscar Hirby,*for appellant.

*Herby Branscum, Jr.,*for appellee.

Donald L. Corbin, Justice.

Appellant Owen D. Oates appeals an order of the Perry County Chancery Court granting Appellee Maria Teresa Oates a divorce and establishing the parties’ rights in both real and personal property. Appellant sets forth four points for reversal that involve property-settlement issues and an award of attorney’s fees. A related opinion was previously handed down in *Oates v. Oates,*340 Ark._,_S.W.3d_(Feb. 24, 2000). In that opinion, we reversed the trial court’s order granting Appellee a divorce because Appellee failed to provide *481corroboration of her grounds for divorce. As a result of our decision in that case, Appellant’s points for reversal in the present matter are moot. Accordingly, this appeal is dismissed.