alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John A. Higdon *v.*R. A. Bradshaw and Pate.

Mutual Mistake — Consideration — Peremptory Instruction.

Money paid by one party to another under a mutual mistake is held to have been paid without consideration and should be refunded, and a peremptory instruction should not be given for defendants.

APPEAL PROM HANCOCK CIRCUIT COURT.

*G. W.*Williams, *R. T.*Bush, for Appellant.

Kineheloe, for Appellees.

June 14, 1867.

Opinion op the Court by

Judge Williams:

As Higdon had been drafted when he paid Bradshaw and Pate the $300 to exonerate him therefrom, or to furnish him a substitute,, it is evident that both parties supposed the draft was legal and binding when, in fact, the county had furnished its quota of soldiers and was not liable to draft; and on correction of the quota, those who had not already been sworn into the service were discharged; the money was, therefore, paid without consideration, both parties being under a mutual mistake, as was held by this court in-and should, therefore, be refunded. The peremptory instruction to find for the defendants was radically erroneous; wherefore, the judgment is reversed with directions for a new trial and further proceedings as herein indicated.
<PAGE>


                                                                    Exhibit 13.1


              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                             18 U.S.C. SECTION 1350


In connection with the Annual Report on Form 20-F of ART Advanced Research
Technologies Inc. for the year ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Micheline Bouchard, Chief Executive Officer of ART Advanced Research
Technologies Inc., certify to my knowledge, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) that:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities and 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 ART
Advanced Research Technologies Inc.


Date: March 31, 2005
                                   ART ADVANCED RESEARCH
                                   TECHNOLOGIES, INC.

                                   /s/ Micheline Bouchard
                                   ---------------------------------------------
                                   Name: Micheline Bouchard
                                   Title:  President and Chief Executive Officer
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40498

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellant,

versus

RODOLFO SALDIVAR-GUTIERREZ,

 Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-95-CR-11

- - - - - - - - - -

March 1, 1996

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Appellant appeals from his guilty plea conviction and

sentence for conspiracy to possess with intent to distribute a

controlled substance, in violation of 21 U.S.C. §§ 841(a)(1),

841(b)(1)(B), and 18 U.S.C. § 2. He contends that the district

court erred in declining to depart below the statutory mandatory

minimum sentence under U.S.S.G. § 5C1.2. 

We have reviewed the record and the district court's oral

ruling and find no reversible error. Accordingly, we affirm on

the reasoning of the district court.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-01-1998
<PERIOD-END>                               OCT-31-1999
<CASH>                                          61,320
<SECURITIES>                                         0
<RECEIVABLES>                                    3,654
<ALLOWANCES>                                        95
<INVENTORY>                                        933
<CURRENT-ASSETS>                                88,685
<PP&E>                                           2,273
<DEPRECIATION>                                   1,654
<TOTAL-ASSETS>                                  91,730
<CURRENT-LIABILITIES>                            5,520
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            27
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    91,730
<SALES>                                         18,859
<TOTAL-REVENUES>                                18,924
<CGS>                                           10,946
<TOTAL-COSTS>                                   10,946
<OTHER-EXPENSES>                                13,163
<LOSS-PROVISION>                                    81
<INTEREST-EXPENSE>                                 122
<INCOME-PRETAX>                                (5,185)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,504)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,185)
<EPS-BASIC>                                      (.74)
<EPS-DILUTED>                                    (.74)


</TABLE>
**EXHIBIT 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

 

Pursuantto the requirements set forth in Rule 13a-14(b) of the Securities Exchange Actof 1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 ofTitle 18 of the United States Code (18 U.S.C. §1350), the undersigned, LeonardP. Shaykin, Chairman of the Board of Directors and Chief Executive Officer ofTapestry Pharmaceuticals, Inc. (the “Company”) does hereby certify, to hisknowledge, that:

 

(a)                                 the Quarterly Report onForm 10-Q for the quarterly period ended September 28, 2005 of the Companyto which this certification is attached (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the Exchange Act, and

 

(b)                                 the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

Date:November 2, 2005

 
|       | /s/ LEONARD P. SHAYKIN                     |       |
|------------|--------------------------------------------|------------|
| ** ** | **Leonard P. Shaykin**                     | ** ** |
| ** ** | **Chairman of the Board of Directors and** | ** ** |
| ** ** | **Chief Executive Officer**                | ** ** |

 

A signed original of this written statementrequired by Section 906 has been provided to TapestryPharmaceuticals, Inc. and will be retained by TapestryPharmaceuticals, Inc. and furnished to the Securities and ExchangeCommission (SEC) or its staff upon request. This certification “accompanies” the Form 10-Q to which it relates, isnot deemed filed with the SEC and is not to be incorporated by reference intoany filing of the Company under the Securities Act of 1933, as amended, or theSecurities Exchange Act of 1934, as amended (whether made before or after thedate of the Form 10-Q), irrespective of any general incorporation languagecontained in such filing.

 

----
**EXHIBIT 32.1**

 

**WARRENRESOURCES, INC.**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

** **

In connection with theQuarterly Report of Warren Resources, Inc. (the “Company”) on Form 10-Qfor the period ending September 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Norman F. Swanton,Chairman of the Board and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-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 Company. |

 

 
| /s/ Norman F. Swanton         |       |   |
|-------------------------------|------------|--------|
| Norman F. Swanton             |       |
| ***Chairman  of the Board***  | ** ** |
| *And Chief Executive Officer* | * *   |

 

November 8, 2005

 

A signed original of thisoriginal statement required by Section 906 has been provided to WarrenResources, Inc., and will be retained by Warren Resources, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

1

----
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 Commerce

###### National Oceanic and Atmospheric Administration

# AGENCY:

Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.

# ACTION:

Notice of Designation and availability of Notice of Record of Decision.

# SUMMARY:

                        Notice is hereby given that the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, has                               ( print page 67951)                            designated certain lands and waters of the St. Louis River freshwater estuary in Wisconsin as the Lake Superior National Estuarine Research Reserve.                    

On October 19, 2010, Under Secretary of Commerce for Oceans and Atmosphere Dr. Jane Lubchenco signed a record of decision pursuant to the National Environmental Policy Act and a findings of designation for the Lake Superior National Estuarine Research Reserve in Wisconsin pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. Section 1461, and its implementing regulations at 15 CFR Part 921. The Reserve duly received certification from the State of Wisconsin Coastal Program that Reserve designation is consistent to the maximum extent practicable with its program. A copy of the official Record of Decision is available for public review from NOAA's Office of Ocean and Coastal Resource Management at the address below.

# FOR FURTHER INFORMATION CONTACT:

Laurie McGilvray (301) 713-3155 x158, Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, NOAA, 1305 East West Highway, N/ORM5, Silver Spring, MD 20910. A copy of the Record of Decision for each Reserve is available upon request.

Federal Domestic Assistance Catalog Number 11.420 (Coastal Zone Management) Research Reserves.

Dated: October 22, 2010.

Donna Wieting,

Director, Office of Ocean and Coastal Resource Management.

[FR Doc. 2010-27878 Filed 11-3-10; 8:45 am]

BILLING CODE 3510-08-P
FILED

United States Court of Appeals

Tenth Circuit

July 1, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JUSTIN D. JANPOL, 

 Petitioner - Appellant, 

v. 

ROBERT O. LAMPERT, Wyoming

Department Of Corrections Director, 

Respondent - Appellee.

No. 10-8013

(D.C. No. 2:09-CV-00120-CAB)

(D. of Wyoming)

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: 10-8013 Document: 01018450456 Date Filed: 07/01/2010 Page: 1
#### HELEN BENEDETTI v. MAURICE BENEDETTI.

June 21, 1978.

Petition for certification denied.
#### Marcus D. WILSON, Petitioner—Appellant, v. Robert AYERS, Jr., Warden, Respondent—Appellee.

No. 01-17345.

D.C. No. CV-99-02868-CRB.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 14, 2003.

Decided July 25, 2003.

Before REINHARDT, SILER,* and HAWKINS, Circuit Judges.

*

 The Honorable Eugene E. Siler, Circuit Judge, United States Court of Appeals for the Sixth Circuit, sitting by designation.

MEMORANDUM **

This case was decided by the district court before *Whalem/Hunt v. Early,*233 F.3d 1146 (9th Cir.2000) (en banc), in which we noted that equitable tolling claims are “highly fact-dependent” and should be developed before the district court. Although the district judge invited memoranda regarding tolling, it announced in its order that it would not conduct any hearing on the issue. That part of the order was not consistent with the procedure subsequently discussed in *Whalem/Hunt.*Given the type of matters set forth in Wilson’s notice of appeal, the district court should, upon remand, explore appropriately petitioner’s allegations regarding equitable tolling. *Id.*at 1148.

REVERSED and REMANDED for further proceedings in accordance with this disposition.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
FILED

United States Court of Appeals

Tenth Circuit

February 17, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

LIONEL KERSH,

 Plaintiff - Appellant, 

v. 

STATE OF COLORADO, 

 Defendant - Appellee.

No. 10-1015

 (D.C. No. 1:09-CV-02621-BNB)

ORDER

Appellant has failed to file a response to the court’s show cause order filed on

January 25, 2010. Accordingly, this matter is dismissed for failure to prosecute. See 10th

Cir. R. 42.1. A copy of this order shall stand as the mandate of this court.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1015 Document: 01018368736 Date Filed: 02/17/2010 Page: 1
**Exhibit 32.2**

** **

**CERTIFICATION OF DISCLOSURE PURSUANTTO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

 

 

In connection with the Annual Report ofSoutheastern Holdings, Inc. (the "Company") on Form 10-K/A for the period ending December 31, 2017 as filed with the Securitiesand Exchange Commission on the date hereof (the "Report") I, Paul Dickman, Chief Financial Officer, Principal ExecutiveOfficer and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

 

(1) The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information containedin the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

Dated: August 15, 2018

 

/s/ Paul Dickman

Paul Dickman,

Chief Financial Officer

and Principal Accounting Officer

 

This certification accompanies the Reportpursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Actof 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00412-CR

Thomas Olivas

v.

The State of Texas

§

§

§

§

§

§

From the 372nd District Court

of Tarrant County (1376698R)

December 30, 2016

Opinion by Justice FitzGerald

Dissent by Justice Dauphinot

(p)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Kerry FitzGerald 

 Justice Kerry FitzGerald
<PAGE>

                                                        EXHIBIT 10.13

                            SECOND AMENDMENT TO THE
                          COOPER CAMERON CORPORATION
                          COMPENSATION DEFERRAL PLAN


     WHEREAS, COOPER CAMERON CORPORATION (the "COMPANY") has heretofore adopted
the COOPER CAMERON CORPORATION COMPENSATION DEFERRAL PLAN (the "PLAN"); and

     WHEREAS, the Company desires to amend the Plan in certain respects;

     NOW, THEREFORE, the Plan shall be amended as follows; effective as of
January 1, 1999:

     1.  Clause (ii) of the second sentence of Section 3.2 of the Plan shall be
deleted and the following shall be substituted therefor:

     "(ii) on 50% of the Deferred Compensation credited during such calendar
     year pursuant to Section 2.3(a) multiplied by a fraction, the numerator of
     which is the number of days between the date the participant first elects
     to make a deferral pursuant to Section 2.3(a) in such calendar year and the
     end of such calendar year and the denominator of which is 365; and"

     2.  As amended hereby, the Plan is specifically ratified and reaffirmed.

     EXECUTED at Houston, Texas this ___ day of __________________, 2000.


                                    COOPER CAMERON CORPORATION


                                    By:
                                       -----------------------------------
                                       Name:
                                             ------------------------------
                                       Title:
                                             ------------------------------
# Astronaut Scott Kelly Preparing for Launch on One-Year Mission

NASA astronaut Scott Kelly is seen inside a Soyuz simulator at the Gagarin Cosmonaut Training Center (GCTC), Wednesday, March 4, 2015 in Star City, Russia.

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#### IN THE MATTER OF THE HOSPITALIZATION OF EDWARD PATTERSON AND CHESTER BOHUK.

May *2,*1978.

Petition for certification denied. (See 156 *N. J. Super.*91)
**Exhibit 31.1**

 

I, Andrew Marsh, certify that:

 

1.                                      I have reviewed this annual report on Form 10-K/A of Plug Power Inc.;

 

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;

 
| Date: May 1, 2017 | by:      | /s/ ANDREW MARSH            |
|------------------------|----------|-----------------------------|
|                   |     | Andrew Marsh                |
| * *               | * * | *Chief   Executive Officer* |

 

----
National Aeronautics and 

Space Administration 

Office of the Administrator 

Washington, DC 20546-0001

National Aeronautics and Space Administration 

Policy Statement on Diversity and Inclusion 

The National Aeronautics and Space Administration (NASA) is committed to a culture of 

diversity and inclusion, where all employees feel welcome, respected, connected, and 

engaged. As the world's leader in aeronautics, space exploration, science, and technology, 

we embrace the critical importance of cultivating and empowering a diverse and inclusive 

workforce and work environment – enabling NASA to attract the widest and deepest pools of 

talent, leverage the capabilities of our exceptional workforce, and empower all personnel to 

be authentic, to participate, and to fully contribute. We understand this provides NASA 

access to the highest levels of knowledge, capabilities, creativity, problem solving, decision 

making, and performance. This will enable NASA to achieve the greatest mission success. 

At NASA, we define diversity broadly as “the entire universe of differences and similarities.” 

Additionally, we define inclusion as “"the full participation, belonging, and contribution of 

organizations and individuals.” Our definitions of diversity and inclusion encompass and 

embrace the full variety of environmental, organizational, and individual dynamics and 

characteristics – including the commonalities that connect organizations and individuals, as 

well as the different cultures, histories, traits, skills, knowledge, and capabilities of 

organizations and individuals that are so unique and vital for mission and organizational 

success. Our commonalities unite us as a team, and our differences strengthen our 

capabilities, including our cognitive diversity, variety and depth of experience, innovations, 

and perspectives and insights that mitigate group thinking, optimism and confirmation bias, 

and normalization of deviance. NASA is proud to be a leader in diversity and inclusion, 

having been ranked the “Best Place to Work in the Federal Government” among large 

Federal agencies for eight consecutive years, based on data from the U.S. Office of Personnel 

Management’s Federal Employee Viewpoint Survey (FEVS). NASA has also been ranked 

number one in OPM's FEVS-based Inclusion Index (also known as the “New IQ”) for the 

past seven consecutive years. Moreover, we are committed to continuous improvement and 

enhancement of our culture of diversity and inclusion. As such, I call upon all NASA 

personnel to fully support NASA’s diversity and inclusion policy, programs, and culture so 

all NASA organizations and individuals transcend their focus to common goals for the 

common good and work together in a unified way to best achieve our missions for the benefit 

of all human beings. 

Stephen G. Jurczyk

Administrator (Acting) 

02/25/2021

Date