alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### H. P. Leverett, Adm’r, v. W. B. Wherry.

(No. 3583.)

Appeal from Rusk County.

C. C. Leverett, J. H. Turner and G. H. Gould, counsel for appellant.

No counsel appeared for appellee.

Opinion by

Willson, J.

§ 185. *Petition in suit upon a rejected claim against an estate must allege what; case stated.*This is a suit brought by appellee against appellant as administrator of the estate of M. D. Leverett, deceased, to establish two claims against said estate, one a promissory note for $89, and the other an open account for $830. Appellee recovered judgment establishing said claims.

Appellant’s special exception No. 2 should have been sustained. Appellee’s petition does not specifically allege the presentment and rejection of the claims. It does not state the time when the claims were presented to the administrator, and rejected by him. [Sayles, Pr., § 55.]

§ 186. *Itemized account; requisites of.*Appellant’s special exception No. 3 should have been sustained. The suit is upon an open, not a stated, account, and said account is not properly itemized. The first item, “ Balance on settlement, $404.69,” is too general. It is not an itemization. The particular items showing said balance should be set forth. [R. S., art. 3204; 1 App. C. C., §§ 636, 941; Love v. Doak, 5 Tex. 346.]

§ 187. *Verified account not evidence in suit against an estate.*It was error to admit said account in evidence. It was not evidence under article 2266, Revised Statutes, because it was a transaction between appellee and the decedent, and this is a suit against an administrator. [Art. 2248, Id.] The articles of the statute above cited must be considered and construed together. *285Appellee could not have testified to the correctness of said account on the trial of this cause, and he could not he permitted to do indirectly that which he could not do directly.

December 19, 1890.

Reversed and remanded.
News United States Air Force
 AF holds 50th anniversary Vietnam War commemoration ceremonyPublished Feb. 26, 2015
                        
                        By Tech. Sgt. Anthony Nelson Jr.
                        
                        
                        Secretary of the Air Force Public Affairs Command Information
                **WASHINGTON (AFNS) --**
                The Air Force is commemorating the 50th anniversary of the Vietnam War by honoring prisoners of war and missing in action, veterans and their families during a wreath-laying ceremony at 10:30 a.m. EST, March 2, at the Air Force Memorial in Washington D.C.
This is the first Headquarters Air Force event in support of the 50th Vietnam War Commemorative Partner Program. This multi-year campaign aims to thank and honor the veterans of the Vietnam War for their sacrifice and service and pay tribute to the contributions of their families.
"Vietnam veterans are a generation of Americans who saw our country through one of the most challenging eras we have ever faced," said Secretary of the Air Force Deborah Lee James.
March 2, marks the 50th anniversary of retired Lt. Col. Hayden J. Lockhart's aircraft being shot down over Vietnam and his becoming the first Air Force POW. The day also marks the beginning of the Operation Rolling Thunder bombing campaign. During this three-year Vietnam War campaign, Air Force, Marine and Navy aircraft bombed targets throughout North Vietnam. U.S. and Australian warships complemented the air assault by bombarding coastal targets.
The bombings cost North Vietnam more than half of its bridges, virtually all of its petroleum storage facilities and nearly two-thirds of its power generating plants. The U.S. lost more than 1,000 aircraft in the campaign.
"Airmen fought bravely and proudly in the service of our nation and we honor them," James said.
The U.S., North Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam signed the Paris Peace Accords on Jan. 27, 1973. Article 8 of the accords required the repatriation of POWs by all adversaries within 60 days.
Between Feb. 12 and March 29, a total of 591 Americans, including 566 military and 25 civilian personnel, were released by their captors. Nine foreign nationals were also released.
For more information about Vietnam War commemoration, how to become a commemorative partner, and calendar of local events, click here.ceremony 



Air Force Memorial 



Vietnam War
<TABLE> <S> <C>

<ARTICLE> 5
       
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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      11,355,000
<SECURITIES>                                         0
<RECEIVABLES>                              197,906,000
<ALLOWANCES>                                23,947,000
<INVENTORY>                                 71,694,000
<CURRENT-ASSETS>                           104,936,000
<PP&E>                                      42,065,000
<DEPRECIATION>                               8,040,000
<TOTAL-ASSETS>                             312,920,000
<CURRENT-LIABILITIES>                       16,362,000
<BONDS>                                     75,000,000
<PREFERRED-MANDATORY>                                0
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<COMMON>                                       133,000
<OTHER-SE>                                 141,793,000
<TOTAL-LIABILITY-AND-EQUITY>               312,920,000
<SALES>                                    138,350,000
<TOTAL-REVENUES>                           160,755,000
<CGS>                                       19,877,000
<TOTAL-COSTS>                              107,423,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                            16,372,000
<INTEREST-EXPENSE>                           7,150,000
<INCOME-PRETAX>                             29,810,000
<INCOME-TAX>                                11,432,000
<INCOME-CONTINUING>                         18,378,000
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<CHANGES>                                            0
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<EPS-PRIMARY>                                     1.45
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</TABLE>
#### Samir HADDAD, Appellant, v. Yasmin KHAN, Appellee.

No. 3D10-631.

District Court of Appeal of Florida, Third District.

Dec. 29, 2010.

Rehearing Denied Feb. 11, 2011.

Samir Haddad, in proper person.

Tracy Belinda Newmark, Fort Lauder-dale, for appellee.

Before RAMIREZ, C.J., and SUAREZ and SALTER, JJ.

PER CURIAM.

The former husband, Samir Haddad, appeals the final judgment of dissolution of marriage to his former wife, Yasmin Khan. *525Haddad has raised eight issues on appeal. We affirm.

Because Haddad has not provided us with a transcript of the proceedings, our review is limited to the pleadings, the judgment dissolving the marriage and other matters contained in the record. As the appellant, Haddad has the burden of demonstrating error. “In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed.” See *Applegate v. Barnett Bank of Tallahassee,*377 So.2d 1150 (Fla.1979); *Mayfield v. Mayfield,*929 So.2d 671, 672-73 (Fla. 5th DCA 2006). Nor has Haddad complied with Florida Rule of Appellate Procedure 9.200(b)(4), which governs the preparation of a record when no transcript of the proceedings is available.

Because no reversible error has been demonstrated from the record provided to us, we affirm.

Affirmed.
EX-10.1









EXHIBIT 10.1




SECOND AMENDMENT TO EMPLOYMENT AGREEMENT





     The Employment Agreement (the “Agreement”) dated October 22, 1993 between WSI Industries, Inc.
(formerly Washington Scientific Industries, Inc.) (“WSI”) and Michael J. Pudil (“Pudil”), as
amended January 9, 1997, shall be further amended as of December 29, 2008 as set forth below. All
other provisions of the Agreement shall remain unchanged.




	1.	 	It is the intention of the parties that this Agreement shall be exempt from the requirements of
Code §409A as a separation pay plan. Consistent with that intent, the third sentence of paragraph
8 is amended in its entirely to read as follows:
	 
	 	 	Pudil may also terminate his employment with WSI at any time for Good Reason,
effective immediately upon written notice to the Board, provided, however, that
prior to such notice, Pudil had provided written notice to the Board of Directors of
WSI within 90 days of the occurrence of an event constituting Good Reason, and WSI
had failed to cure any breach (if capable of cure) within a reasonable period of
time, not to exceed 10 days from the date of the initial notice.
	 
	2.	 	For all purposes of this Agreement, the phrase “terminate employment” or “termination of
employment” shall be interpreted to mean a “separation from service” as defined in Treas. Reg.
§1.404-1(h).
	 
	3.	 	The references in paragraph 9 of the Agreement to the “Change in Control Agreement” shall mean the
Employment Change in Control Agreement dated as of January 11, 2001, as amended from time to time.





     IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Employment
Agreement as of the day and year first set forth above.



	 	 	 	 	 	 	 	 	 
	WSI INDUSTRIES, INC.	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	By

	 	/s/ Paul D. Sheely
	 	 	 	/s/ Michael J. Pudil
	 	 
	 

	 	 
	 	 	 	 	 	 
	 

	 	Chief Financial Officer
	 	 	 	Michael J. Pudil
#### Pattillo *v.*Whitehead.

No. 6590.

June 12, 1928.

Rehearing denied July 12, 1928.

Petition for injunction. Before Judge Moore. Fulton superior court. April 16, 1928.

*Charles W. Anderson,*for plaintiff.

*Knight & Patterson,*for defendant.

Gilbert, *J.*

The exception is to the refusal to grant an interlocutory injunction against the sale of realty under a power of sale contained in a security deed. The sale took place about 10 o'clock a. m. Tuesday, April 3, 1928. The petition was filed, and a rule nisi and restraining order were granted, on April 2. The petition and order were served on the defendant on April 4. The petition was sworn to, but the oral evidence submitted by petitioner was unsworn. *Held,*that the court did not err in refusing an injunction.

*Judgment affirmed.*

*AU the Justices concur.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1142

In re: LEROY WILLIAMSON,

Petitioner.

On Petition for Writ of Mandamus.

(7:10-cr-00123-FL-1; 7:13-cv-00194-FL)

Submitted: May 19, 2015 Decided: May 21, 2015

Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Leroy Williamson, Petitioner Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Leroy Williamson petitions for a writ of mandamus, alleging 

that the district court has unduly delayed in ruling on his 28 

U.S.C. § 2255 (2012) motion. He seeks an order from this court 

directing the district court to act. We find the present record 

does not reveal undue delay in the district court. Accordingly, 

we grant leave to proceed in forma pauperis and deny the 

mandamus petition. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the 

decisional process.

PETITION DENIED
News United States Air Force
 Around the Air Force: May 6Published May 6, 2016
                        
                        By Air Force TV
                
                
FORT GEORGE G. MEADE, Md. (AFNS) -- This look Around the Air Force takes us to Hurlburt Field, Florida, where special operations Airmen are participating in exercise Emerald Warrior 2016 and then a look at Maxwell AFB, Alabama, where the Air Force Cyber College conducted a cyber war game. 
For previous episodes, click here.
Related links:Forces converge for Emerald Warrior 2016Air University wargamers battle to keep America's lights onATAF 



Emerald Warrior 



cyber 



Hurlburt Field 



AFSOC 



exercise
Exhibit 32.1

WRITTEN STATEMENT

OF THE CHIEF EXECUTIVE OFFICER (PRINCIPAL EXECUTIVE OFFICER)

AND THE CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. 1350

Solely for the purpose of complying with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer (Principal Executive Officer) and the Chief Financial Officer of
Noble International Ltd. (the Company), hereby certify that to the best of our knowledge the Annual Report of the Company on Form 10-K for the year ended December 31, 2005 fully complies with the requirements of Section 13(a)
of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: March 15, 2006

By:

/s/ THOMAS L. SAELIName: Thomas L. SaeliTitle: Chief Executive Officer (Principal Executive Officer) of Noble International, Ltd.By:

/s/ DAVID J. FALLONName: David J. FallonTitle: Chief Financial Officer (Principal Financial Officer) of Noble International, Ltd.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
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<SECURITIES>                                     4,068
<RECEIVABLES>                                   10,282
<ALLOWANCES>                                       555
<INVENTORY>                                     12,175
<CURRENT-ASSETS>                                29,914
<PP&E>                                           7,503
<DEPRECIATION>                                  22,668
<TOTAL-ASSETS>                                  37,563
<CURRENT-LIABILITIES>                           13,311
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,026
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<SALES>                                         11,822
<TOTAL-REVENUES>                                11,822
<CGS>                                           10,806
<TOTAL-COSTS>                                   10,806
<OTHER-EXPENSES>                                 4,159
<LOSS-PROVISION>                                   555
<INTEREST-EXPENSE>                                  18
<INCOME-PRETAX>                                (3,125)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,125)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,125)
<EPS-BASIC>                                      (.42)
<EPS-DILUTED>                                    (.42)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   1-MO
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                            1714
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      12194
<INVESTMENTS-CARRYING>                            1998
<INVESTMENTS-MARKET>                                 0
<LOANS>                                          16306
<ALLOWANCE>                                          0
<TOTAL-ASSETS>                                   37011
<DEPOSITS>                                       28214
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                589
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           627
<OTHER-SE>                                        7631
<TOTAL-LIABILITIES-AND-EQUITY>                   37011
<INTEREST-LOAN>                                    384
<INTEREST-INVEST>                                  263
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                   647
<INTEREST-DEPOSIT>                                 351
<INTEREST-EXPENSE>                                 352
<INTEREST-INCOME-NET>                              295
<LOAN-LOSSES>                                        5
<SECURITIES-GAINS>                                   4
<EXPENSE-OTHER>                                    295
<INCOME-PRETAX>                                     10
<INCOME-PRE-EXTRAORDINARY>                          13
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<CHANGES>                                            0
<NET-INCOME>                                        13
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
<YIELD-ACTUAL>                                    3.05
<LOANS-NON>                                        152
<LOANS-PAST>                                       152
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   120
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  125
<ALLOWANCE-DOMESTIC>                               125
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            125
        

</TABLE>
Petition for Writ of Mandamus Denied and Memorandum Opinion filed July

10 , 2018.

In The



## Fourteenth Court of Appeals

NO. 14- 18 -00536- CV

IN RE A.B., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 309th District Court Harris County, Texas Trial Court Cause No. 2017-76908



### MEMORANDUM OPINION
On July 2, 2018, relator A.B. filed a petition for writ of mandamus in this

court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017 ); see also Tex. R. App.
P. 52. In the petition, relator asks this court to compel the Honorable Sher i Y. Dean, judge of the 309th District Court of Harris County , to set aside the June 13, 2018 temporary restraining order and June 27, 2018 order granting th e motion to extend2

the temporary restraining order, signed by the Honorable Judge Beverly B. Malazzo, associate judge of the 309th District Court of Harris County

. Relator has not shown that she is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus. We also deny relator’s motion for temporary relief.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Jewell.
exh101.htm


    EXHIBIT
10.1

     

    LENDER CERTIFICATE

     

     

    December 16, 2008

     

     

    
    

     

    
      	 To:	 Guaranty Bank,
	 	 as Administrative
      Agent


    

     

    
      The
Borrower, the Guarantors, the Administrative Agent and the Lenders have entered
into that certain Credit Agreement dated as of May 25, 2006 (as the same has
been and may hereafter be amended, restated, supplemented or otherwise modified
from time to time, the “Credit
Agreement”).  Unless otherwise defined herein, capitalized
terms used herein have the meaning specified in the Credit
Agreement.

      


      Please be
advised that the undersigned has agreed (a) to become a Lender under the Credit
Agreement effective December 16, 2008 (the “Effective Date”) with
a Commitment of $27,500,000 and (b) that, from and after the Effective Date, it
shall be deemed to be a Lender in all respects under the Credit Agreement and
the other Loan Documents.

      


      Very
truly yours,

      


      UNION
BANK OF CALIFORNIA, N.A.

      


      


      


      By:           /s/Sean
Murphy

      Name:      Sean
Murphy

      Title:         Senior
Vice President

       

       

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

    

     

    Accepted and
Agreed:

     

    GUARANTY
BANK,

    as
Administrative Agent

     

     

     

    By:       /s/Kelly L. Elmore III 

    Name:  Kelly Elmore III  

    Title:    Senior Vice President

     

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    
      Accepted and
Agreed:

       

      CARRIZO OIL
& GAS, INC.

       

       

       

      By:       /s/Paul F. Boling 

      Name:  Paul F. Boling

      Title:     Vice President and Chief
Financial Officer