alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shearman *v.*Fellows and Another.

Distinct matters in a plea of set-off are like several counts in a declaration; and if some of the items of set-off lie sufficient and others not, the plaintiff may reply to one part of the plea and demur to another; but a demurrer to the whole'plea would be bad.

A plea setting out, as matter of set-off, the plaintiff’s written' acknowledgment of having received from the defendant an order on a lawyer for the proceeds of a claim of the defendant in suit, &c., does not show a subsisting debt due from the plaintiff to the defendant, and is therefore insufficient.

*Thursday, December*3.

APPEAL from the *Harrison*Circuit Court.

Dewey, J.

Debt upon a promissory note. The defendant pleaded several pleas upon which there were issues of fact. He also pleaded payment, under the statute, in the nature of set-off, consisting of two items; one is a receipt for 400 dollars in money; the other- is as follows: “Received from *Jacob Shearman*his order on lawyer *Preston*of *New-Orleans*for proceeds of his claim, in suit, on *Moretón*& Patterson, which are to be applied to the payment of his debt to- us, and the balance ■ to be paid over to *Or.msby,*Hite, & *Co.”*The plea contains some averments explaining the situation and amount of the claim against. *Moreion*& *Patterson.*The plaintiffs replied to the first set-off, and traversed it. To the second they demurred. The Court sustained the demurrer, and, on trial of the issues, rendered judgment for the plaintiffs.

The general rule is, that if' a plea be bad in part it is insufficient for the whole, and the entire plea must be demurred to. 1 Chitt. Pl. 523. But the plea of set-off containing several distinct matters is an exception. Such a plea is in the nature of several counts in a declaration, and if some of the items of set-off be sufficient, and- others invalid, the plaintiff may reply to one part of the plea, and demur to another. A demurrer to the whole plea would be improper.. 1 Chitt. Pl. 524.—2 Blacks. R. 910, *Dowsland*v. *Thompson et al.*The plea before us is of this character;- the first set-off evidenced by the receipt for 400 dollars in money is proper, but the other receipt is not the evidence of a subsisting claim on the part of the defendant against the plaintiffs. It is merely the acknowledgment of having r-eceived an order for *460the proceeds of a demand, which the defendant had placed in the hands of a lawyer for collection, which proceeds were to be applied to the payment of the debt due from the defendant to the plaintiffs. But the plea contains no averment that the plaintiffs ever received the proceeds, or that they could have received them. Without such an averment the plea, certainly, shows no matter which could operate in his behalf as a set-off, so far as his demand against *Moretón*& *Patterson*is concerned. There was no error in sustaining the *demurrer.*

*H. P. Thornton,*for the appellant.

*J. W.*Payne, for the appellees.

*Per Curiam.*

The judgment is affirmed, with 3 *per cent.*damages and costs.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 19

- 00658

- CV

BASIC ENERGY SERVICES, L.P.

, Appellant

v.

Enedina S. LOPEZ and The Estate of Rodolfo Lopez, Jr.,

Appellees

From the 81st Judicial District Court, Frio County, Texas

Trial Court No. 17

- 08

- 00245CVF

Honorable Lynn Ellison, Judge Presiding

BEFORE JUSTICE MARTINEZ

, JUSTICE ALVAREZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the appellant’s motion to dismiss is

GRANTED, and this appeal is DISMISSED . Costs of the appeal are taxed against appellant.

SIGNED February 5, 2020.

_________________________________ Rebeca C. Martinez

, Justice
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






I, George
Ecker, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report on Form 10-Q of Octus Inc.  for
the period ending March 31, 2009  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 the Quarterly Report on Form 10-Q
fairly presents in all material respects the financial condition and results of
operations of Octus Inc. of Nevada.




Date:
      July 23, 2009
                
                
                /s/
      George EckerGeorge
      Ecker
                  Chief
      Financial Officer
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                        OCT-31-1999
<PERIOD-START>                           NOV-01-1998
<PERIOD-END>                             JUL-31-1999
<CASH>                                     3,479,085
<SECURITIES>                              16,616,280
<RECEIVABLES>                              1,518,633
<ALLOWANCES>                                  10,000
<INVENTORY>                                5,995,453
<CURRENT-ASSETS>                          27,975,107
<PP&E>                                    21,526,827
<DEPRECIATION>                             6,028,610
<TOTAL-ASSETS>                            43,473,324
<CURRENT-LIABILITIES>                      3,517,712
<BONDS>                                      747,057
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                   1,649,222
<OTHER-SE>                                37,559,333
<TOTAL-LIABILITY-AND-EQUITY>              43,473,324
<SALES>                                    3,840,695
<TOTAL-REVENUES>                           4,370,600
<CGS>                                      2,933,527
<TOTAL-COSTS>                             15,460,286
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                           445,418
<INCOME-PRETAX>                          (10,863,521)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                      (10,863,521)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                             (10,863,521)
<EPS-BASIC>                                   (.71)
<EPS-DILUTED>                                   (.71)




</TABLE>
Exhibit 10.6



Schedule to Stock Option Agreement Under Huttig Building Products, Inc.

1999 Stock Incentive Plan



|                   |  |                  |  |                |                 |               |                 
|------------------ |  | ---------------- |  | -------------- | --------------- | ------------- | ----------------
|Option Holder      |  | Number Of Shares |  | Exercise Price |                 | Date of Grant
|R. S. Evans        |  | 100,000          |  | $              | 4.290 per share |               | January 24, 2000
|Michael A. Lupo    |  | 100,000          |  | $              | 7.230 per share |               | April 24, 2004  
|Carl A. Liliequist |  | 39,000           |  | $              | 4.290 per share |               | January 24, 2000
|Carl A. Liliequist |  | 29,400           |  | $              | 4.300 per share |               | January 22, 2001
|Carl A. Liliequist |  | 25,000           |  | $              | 7.230 per share |               | April 24, 2004  
|Thomas S. McHugh   |  | 15,000           |  | $              | 4.400 per share |               | May 1, 2000     
|Thomas S. McHugh   |  | 13,500           |  | $              | 4.340 per share |               | January 22, 2001
|Jon P. Vrabely     |  | 10,000           |  | $              | 7.230 per share |               | April 24, 2004
FILED

United States Court of Appeals

Tenth Circuit

February 23, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

WILBUR MCELROY, 

 Plaintiff - Appellant, 

v. 

STATE OF KANSAS, 

Defendant - Appellee.

No. 09-3318

(D.C. No. 5:09-CV-03125-SAC)

(D. of Kansas)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 10th Cir. R.

42.1.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 09-3318 Document: 01018372310 Date Filed: 02/23/2010 Page: 1
#### STATE OF NEW JERSEY v. BEN GIUNTA.

January 28, 1987.

Petition for certification denied.
#### IN THE MATTER OF THE APPLICATION OF THE CITY AFFAIRS COMMITTEE OF JERSEY CITY, A CORPORATION OF THE STATE OF NEW JERSEY, FOR A WRIT OF CERTIORARI.

Argued November 1, 1944

Decided November 1, 1944.

Before Justices Case, Bodine and Poetes.

Eor the applicant, *Leo Rosenblum.*

Eor the Board of Commissioners of Jersey City, *Charles A. Rooney*and *Charles Hershenstein.*

■Pee Cukiam.

We think that there are legal questions involved which are not decided in *In Re Carriole,*127 *N. J. L.*316, and further that these questions should receive decision in such manner that they may, if desired, be carried on to the Court of Errors and Appeals for final adjudication.

A writ of *certiorari*will issue, but without stay.
# Sitemap

## February 21, 2010

- Home
- Sitemap
- 2010
- 02
- February 21, 2010

            - Space Shuttle Endeavour Crew Returns to Earth after Delivering the Last Major U.S. Portion of the International Space Station
EXHIBIT 32.1

SECTION 906 CERTIFICATION - CEO

In connection with the Quarterly Report of Plains Exploration & Production Company
(the Company) on Form 10-Q for the period ending March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James C. Flores, 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:

To the best of my
knowledge, after reasonable investigation:



| | (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: May 3, 2007

/s/ James C. FloresJames C. FloresChief Executive Officer


The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document.

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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7344 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 7344

   To reauthorize tuition assistance programs under the District of 
                  Columbia College Access Act of 1999.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2018

 Mr. Meadows introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
   To reauthorize tuition assistance programs under the District of 
                  Columbia College Access Act of 1999.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REAUTHORIZATION OF TUITION ASSISTANCE PROGRAMS.

    (a) Reauthorization.--Section 7 of the District of Columbia College 
Access Act of 1999 (sec. 38-2706, D.C. Official Code) is amended to 
read as follows:

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the District of 
Columbia to carry out section 3 and section 5 an aggregate amount of 
$40,000,000 for each of the fiscal years 2019 through 2023. Such funds 
shall remain available until expended.''.
    (b) Conforming Amendment Relating to Reductions in Amounts for 
Insufficient Appropriations.--
            (1) Public school program.--Section 3(b)(1) of such Act 
        (sec. 38-2702(b)(1), D.C. Official Code) is amended by striking 
        ``If the funds'' and all that follows through ``are 
        insufficient'' and inserting ``If the funds appropriated 
        pursuant to section 7 are insufficient''.
            (2) Private school program.--Section 5(b)(1) of such Act 
        (sec. 38-2704(b)(1), D.C. Official Code) is amended by striking 
        ``If the funds'' and all that follows through ``are 
        insufficient'' and inserting ``If the funds appropriated 
        pursuant to section 7 are insufficient''.
    (c) Conforming Amendment Relating to Expired Authorizations.--
            (1) Public school program.--Section 3 of such Act (sec. 38-
        2702, D.C. Official Code) is amended by striking subsection 
        (i).
            (2) Private school program.--Section 5 of such Act (sec. 
        38-2704, D.C. Official Code) is amended by striking subsection 
        (f).
                                 <all>
```
##### 



EXHIBIT 32.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2006 (the
Report), fully complies with the requirements of Section 13(a) and 15(d) of the Securities
Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 th
 /s/ Howard W. RobinHoward W. RobinPresident and Chief Executive Officer
(Principal Executive Officer)/s/ Gregory L. WeaverGregory L. WeaverSenior Vice President and Chief Financial Officer
(Principal Financial and Accounting Officer)
# 			Women’s History Month		

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								Apollo 1 Resources
* Pursuant to Local Rule 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 Local Rule
47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-40338 Summary Calendar

STEPHEN LLOYD TRAPP, Plaintiff-Appellant,

versus

WAYNE SCOTT, Executive Director, GARY JOHNSON, Director; JAMES ZELLER, Warden, Defendants-Appellees.

Appeal from the United States District Court
For the Southern District of Texas

(C-96-CV-99)

August 28, 1996

Before POLITZ, Chief Judge, JONES and SMITH, Circuit Judges.

PER CURIAM: *



### Stephen Lloyd Trapp appeals the dismissal of his civil rights suit under

28 U.S.C. § 1915(d). The gravamen of his complaint is that on four occasions the1 28 U.S.C. 1915(d), redesignated as § 1915(e)(2)(B)(i) by § 804 of the Prison Litigation

Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996); Denton v. Hernandez

, 504 U.S. 25 (1992).

2 Ancar v. Sara Plasma, Inc. , 964 F.2d 465 (5th Cir. 1992).

3 Sandin v. Conner , 115 S.Ct. 2293 (1995); Orellana v. Kyle , 65 F.3d 29, 31 (5th Cir. 1995), cert

. denied , 116 S.Ct. 736 (1996).

4 Wilson v. Lynaugh , 878 F.2d 846 (5th Cir.), cert

. denied , 493 U.S. 969 (1989).

5 See Robertson v. Plano City of Tex. , 70 F.3d 21 (5th Cir. 1995).

2 

### defendant offic ials of the Texas Department of Criminal Justice violated his due

pro cess rights by not affording him disciplinary hearings before placing him in

administrative segregation.

An in forma pauperis complaint may be dismissed sua sponte if found to be

frivolous. 1 

### A complaint is frivolous if it lacks an arguable basis in law or fact. 2



### The administrative confinement of which Trapp complains does not present

a n “atypical and significant hardship” which gives rise to a protected liberty

interest. 3 

### Further, being served sandwiches in lieu of regular meals during

administrative segregation does not amount to a constitutional violation. 4 

### Finally,

Trapp’s equal protection claim does not amount to plain error. 5 

### The district court

did not err or abuse its discretion when it dismissed Trapp’s complaint under the

former section 1915(d) for his claims lacked an arguable basis in law.

AFFIRMED.
<PAGE>




                                  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 Atlas Pipeline Partners, L.P. (the
"Partnership") on Form 10-K for the fiscal year ended December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Steven J. Kessler, Chief Financial Officer of the General Partner, 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 results of operations of the Partnership.







         /s/ Steven J. Kessler
         ----------------------------------------
         Steven J. Kessler
         Chief Financial Officer of the General Partner
         March 1, 2004
FILED

United States Court of Appeals

Tenth Circuit

January 29, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

TERRY BLEVINS,

 Plaintiff - Appellant,

v. 

JIM KELLER; TASHA DOBBS; JEFF

WELLS; CAROLYNNE SONDA; D.

COOL; STAN H.; BEHAVIOR

CLINICAL SERVICES; ROBERT

ARMENTA; MESA COUNTY

DETENTION FACILITY; MESA

COUNTY SHERIFF'S OFFICE,

 Defendants - Appellees.

No. 09-1509

(D.C. No. 1:09-CV-01531-MSK-KMT)

ORDER

Before LUCERO, HARTZ, and O’BRIEN, Circuit Judges.

This appeal is before the court based on a show cause order challenging appellate

jurisdiction and directing the parties to obtain a district court order either granting certification

under Fed. R. Civ. P. 54(b) as to the October 21, 2009 Order appealed by Plaintiff Terry

Blevins or explicitly adjudicating the remaining claims against Defendant Jeff Wells. See

Stockman's Water Company, LLC v. Vaca Partners, L.P., 425 F.3d 1263, 1265 (10th Cir.

2005); Lewis v. B. F. Goodrich Co., 850 F.2d 641, 645-46 (10th Cir. 1988).

Appellate Case: 09-1509 Document: 01018358808 Date Filed: 01/29/2010 Page: 1 
-2-

This court lacks jurisdiction. The parties failed to move in the district court for a Rule

54(b) certification. Part two of Plaintiff’s Claim Two and part two of Plaintiff’s Claim Three

against Defendant Wells remain unresolved in the district court. Consequently, the October

21, 2009 Order appealed by Plaintiff is interlocutory and not immediately appealable under

28 U.S.C. § 1291 or under any recognized exception to the final judgment rule. 

The appeal is DISMISSED for lack of appellate jurisdiction. 

Entered for the Court,

Elisabeth A. Shumaker, Clerk

Kathleen T. Clifford

Attorney - Deputy Clerk

Appellate Case: 09-1509 Document: 01018358808 Date Filed: 01/29/2010 Page: 2
<TABLE> <S> <C>
 
<ARTICLE>                                                     5
<LEGEND>   This schedule contains summary financial information extracted from
Financial Statements for the 3 months ended June 30, 1997, and is qualified in
its entirety by reference to such form 10QSB for period ended June 30, 1997.
</LEGEND>
<MULTIPLIER>  1
       
<S>                               <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                 DEC-31-1997
<PERIOD-END>                      JUN-30-1997
<CASH>                                  9,861
<SECURITIES>                                0
<RECEIVABLES>                          41,394
<ALLOWANCES>                                0
<INVENTORY>                            83,334
<CURRENT-ASSETS>                      286,238
<PP&E>                                 74,470
<DEPRECIATION>                       (47,726)
<TOTAL-ASSETS>                        431,528
<CURRENT-LIABILITIES>                  37,216
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                  120
<OTHER-SE>                            387,167
<TOTAL-LIABILITY-AND-EQUITY>          431,528
<SALES>                               139,854
<TOTAL-REVENUES>                      141,475
<CGS>                                  37,239
<TOTAL-COSTS>                         293,948
<OTHER-EXPENSES>                          697
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          0
<INCOME-PRETAX>                      (190,409)
<INCOME-TAX>                           24,350
<INCOME-CONTINUING>                  (214,759)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                         (214,759)
<EPS-PRIMARY>                           (0.18)
<EPS-DILUTED>                           (0.17)
        


</TABLE>
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### September 9, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanag h Elizabeth A. Weave r 

### 136638 Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markman, J ustices 

### PEOPLE OF THE STATE OF MICHIGAN , Plaintiff-Appellee,

v SC: 136638 COA: 284561 Chippewa CC: 07-008602-FH ADAM SHANE EARL, Defendant-Appellant.

________________ _________________________/

On order of the Court, th e application for leave to ap peal the May 15, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d0828 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 9, 2008

Clerk