alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 535 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 535

  To amend the Internal Revenue Code of 1986 to allow a capital loss 
     deduction with respect to the sale or exchange of a principal 
                               residence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

   Mrs. Lowey (for herself, Mr. Gilman, Mr. Shays, Mr. Hinchey, Mr. 
 Bereuter, Mr. Frost, Ms. DeLauro, Mr. Towns, Ms. Norton, Mr. Davis of 
 Virginia, Mr. Skeen, Mr. Filner, Mr. Green, Mr. McHugh, Mr. Wynn, Mr. 
Walsh, Mr. English of Pennsylvania, Mr. Barcia, Mrs. Kelly, Mr. Taylor 
of North Carolina, Ms. Christian-Green, and Mr. Rohrabacher) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to allow a capital loss 
     deduction with respect to the sale or exchange of a principal 
                               residence.

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

SECTION 1. CAPITAL LOSS DEDUCTION ALLOWED WITH RESPECT TO SALE OR 
              EXCHANGE OF PRINCIPAL RESIDENCE.

    (a) In General.--Subsection (c) of section 165 (relating to 
limitation on losses of individuals) is amended by striking ``and'' at 
the end of paragraph (2), by striking the period at the end of 
paragraph (3) and inserting ``; and'', and by adding at the end the 
following new paragraph:
            ``(4) losses arising from the sale or exchange of the 
        principal residence (within the meaning of section 1034) of the 
        taxpayer.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to sales and exchanges after the date of the enactment of this 
Act, in taxable years ending after such date.
                                 <all>
```
---

EXHIBIT 99.4

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

In connection with the annual report of Yukon-Nevada Gold Corp.
(the "Company") on Form 40-F for the fiscal year ended December 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Graham Dickson, President and 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:

|1. | The Report fully complies with the requirements of
      section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
      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/ Graham Dickson                    | Date: September 25, 2008
|------------------------------------- | ------------------------
|Graham Dickson                        |                         
|President and Chief Executive Officer |                         
|(principal executive officer)         |                         

---
Case 2:16-cr-00044-JJT Document 3 Filed 11/17/15 Page 1 of 3
Case 2:16-cr-00044-JJT Document 3 Filed 11/17/15 Page 2 of 3
Case 2:16-cr-00044-JJT Document 3 Filed 11/17/15 Page 3 of 3
[783 NYS2d 743]

#### Debra Grant-Wade et al., Respondents, v Linda Roberson, Appellant, et al., Defendants, et al., Respondents.

Supreme Court, Appellate Term, First Department,

September 17, 2004

APPEARANCES OF COUNSEL

*Koors & Jednak,*Bronx *(Carol M. Wickham*of counsel), for appellant. *Velella, Velella, Basso & Calandra,*Bronx *(Mark C.*
      *31
      *Fang*of counsel), for Kurt E. Achenbach and another, respondents.

OPINION OF THE COURT

Per Curiam.

Order entered December 18, 2003, insofar as appealed from, reversed, with $10 costs, motion by defendant Roberson granted and the complaint and all cross claims against her dismissed. The clerk is directed to enter judgment accordingly.

This negligence action arises from a multi-vehicle collision on the FDR Drive. The unrefuted record evidence shows that a vehicle driven by defendant Roberson came to a stop in the center southbound lane when a taxi switched lanes and “cut across” directly in front of her. Three other vehicles traveling in the center lane, including a car driven by plaintiff Grant-Wade, were able to stop safely behind Roberson’s vehicle. Several seconds later defendant Achenbach’s car collided with the rear of the fourth stopped vehicle, causing a chain-reaction collision involving all of the vehicles except the taxi.

Civil Court denied defendant Roberson’s cross motion for summary judgment, noting without elaboration that it found factual issues “regarding the actions of the vehicles involved.” We reverse, and grant the motion. Defendant Roberson met her burden of establishing entitlement to summary judgment by presenting uncontradicted deposition testimony and other evidence showing that she was stopped for several seconds behind the taxi that had cut in front of her before the chain-reaction collision started (see *Flores v Stevenson,*302 AD2d 357 [2003]). In such circumstances, responsibility presumptively rests with the rearmost driver, i.e., defendant Achenbach (see *Mustafaj v Driscoll,*5 AD3d 138 [2004]). In response, neither Achenbach nor plaintiffs raised a material issue of fact requiring a trial. Insufficient in this regard were the claimed discrepancies in the parties’ deposition testimony concerning the prevailing traffic conditions or any uncertainty as to the taxi driver’s culpable conduct *(see Malone v Morillo,*6 AD3d 324 [2004]; *Toulson v Young Han Pae,*6 AD3d 292 [2004]).

Davis, J.P, Gangel-Jacob and Schoenfeld, JJ., concur.
### NUMBER 13

- 1 2

- 00 179

- CV



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

IN RE SHAMOUN & NORMAN, LLP,

GREGORY SHAMOUN

, AND BRIAN NORMAN

On Petition for Writ of Mandamus

.



## MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam 1

Relator s

, Shamoun & Norman, LLP, Gregory Shamoun

, and Brian Norman , ha ve

filed a petition for writ of mandamus in which they contend that respondent, the Honorable

Mario Ramirez , presiding judge of the 332nd Judicial District Court of Hidalgo County,

Texas, abused his discretion, leaving relator s without an adequate appellate remedy, by

denying an Agreed Motion to Transfer Venue filed by relator s and real party in interest,

Robert Yarto

.

1 See T EX

. R. A PP

. P. 52.8(d) (“When denying [mandamus] relief, the court may hand down an

opinion but is not required to do so.”)

.2

Having reviewed and fully considered relator s’ petition, this Court is of the opinion

that relator s have not shown themselves entitled to the relief sought and that the petition

should be denied. See T EX

. R. A PP

. P. 52.8(a). Accordingly, relato rs’ petition for writ of

mandamus is DENIED.

PER CURIAM

D elivered and filed the

4th day of June , 201 2

.
EXHIBIT 13.1



Certification of Chief Executive Officer

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 Logan Resources Ltd., a company organized under the British Columbia Company Act (the Company) on Form 20-F as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Seamus Young, President/CEO/Director of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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.



/s/ Seamus Young

Seamus Young, President/CEO/Director



Date: October 3, 2005
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#### Abt-Bernot, Inc., Plaintiff, *v.*Holland-American Line, Defendant.

Supreme Court, Bronx County,

April 3, 1925.

Pleadings — answer reciting hypothetical defense and plea in alternative insufficient — plea of confession and avoidance requires definite admission — motion to strike out said defense granted.

Plaintiff’s motion to strike out a defense in defendant’s answer as insufficient should be granted where said defense appears to be hypothetical, as well as a plea in the alternative, and fails to set out the ultimate facts on which the defendant relics to be relieved of liability.

The plea of confession and avoidance requires a definite admission and a statement of ultimate facts which, if established, exonerate the defendant of liability.

Motion by plaintiff to strike out paragraph of answer.

*Neil P. Cullom,*for the plaintiff.

*Burlingham, Veeder, Masten & Fearey,*for the defendant.

Wagner, J.

The defense set up in paragraph 8 of the answer is insufficient because it is hypothetical, and because it is a plea in the alternative, and because it fails to set forth the ultimate facts upon which defendant relies to be relieved of liability.

The plea of confession and avoidance requires a definite admission and a statement of ultimate facts which, if established, exonerate the defendant of liability.

The motion to strike out paragraph 8 is granted, with leave to defendant to serve an amended answer within twenty days.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 10 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 7, 1997.
Whereas, Frank Tejeda, a Representative-elect from the 28th District of the 
        State of Texas, has been unable from illness to appear in person to be 
        sworn as a Member of the House, and there being no contest or question 
        as to his election; Now, therefore, be it
    Resolved, That the Speaker, or deputy named by him, is hereby authorized to 
administer the oath of office to the Honorable Frank Tejeda at San Antonio, 
Texas, and that such oath be accepted and received by the House as the oath of 
office of the Honorable Frank Tejeda.
            Attest:

                                                                          Clerk.
```
IIA

105TH CONGRESS

1ST SESSION H. R. 848

IN THE SENATE OF THE UNITED STATES

JUNE 11, 1997

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To extend the deadline under the Federal Power Act applicable to the construction of the AuSable Hydroelectric

Project in New York, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 848 RFS

1 SECTION 1. EXTENSION OF DEADLINE.

2 (a) PROJECT NUMBERED 10836.—Notwithstanding

3 the time period specified in section 13 of the Federal

4 Power Act (16 U.S.C. 806) that would otherwise apply

5 to the Federal Energy Regulatory Commission project

6 numbered 10836–000NY, the Commission shall, at the re7 quest of the licensee for the project, and after reasonable

8 notice, in accordance with the good faith, due diligence,

9 and public interest requirements of that section and the

10 Commission’s procedures under that section, extend the

11 time period during which the licensee is required to com12 mence the construction of the project, under the extension

13 described in subsection (b), for not more than 3 consecu14 tive 2-year periods.

15 (b) EFFECTIVE DATE.—This subsection shall take

16 effect on the date of the expiration of the extension of

17 the period required for commencement of construction of

18 the project described in subsection (a) that the Commis19 sion issued, prior to the date of enactment of this Act,

20 under section 13 of the Federal Power Act (16 U.S.C.

21 806).

22 (c) REINSTATEMENT OF EXPIRED LICENSE.—If the

23 license for the project referred to in subsection (a) has

24 expired prior to the date of enactment of this Act, the

25 Commission shall reinstate the license effective as of the

26 date of its expiration and extend the time required for
3

HR 848 RFS

1 commencement of construction of the project as provided

2 in subsection (a) for not more than 3 consecutive 2-year

3 periods, the first of which shall commence on the date of

4 such expiration.

Passed the House of Representatives June 10, 1997.

Attest: ROBIN H. CARLE,

Clerk.

By RAY STRONG,

Assistant to the Clerk.
9860.

#### Borders *et al. v.*Chapman.

Wade, C. J.

Where a purchase-money note for a mule is unambiguous and unconditional, and contains no warranty of the soundness of the mule, and recites that it has lost one eye, no express warranty can be added by parol; and a plea which set up an express warranty, alleged to have been made by parol contemporaneously with the execution of such a note, that “the other eye of said mule was absolutely sound and all right,” and that the mule soon thereafter became totally blind, was properly stricken on 'demurrer. *Fleming*v. *Satterfield,*4 *Ga. App.*351 (61 S. E. 518). The agreement between the parties being reduced to writing and appearing to be a complete and certain' agreement importing a legal obligation, it must, in the absence of fraud, accident, *713or mistake, be conclusively presumed that the writing contained the whole of the agreement between the parties.

Decided October 16, 1918.

Complaint; from Warren superior court—Judge Walker. May 30, 1918.

*M. L. Felts,*for plaintiffs in error. *L. D. McGregor,*contra.

*Judgment affirmed.*

*Jenkins and Luke, JJ., conctir.*
## In The Court of Appeals Seventh District of Texas at Amarillo

________________________ No. 07 - 13 - 00339 - CR

________________________ JAMES JAY LARGE , APPELLANT

V. THE STATE OF TEXAS , APPELLEE On Appeal from the 181st District Court Randall County, Texas Tri a l Court No. 16,028 - B ; Honorable John B. Board , Presiding



### October 16 , 2013 MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. Appellant, James Jay Large, was convicted in 2007 of four counts of aggravated sexual assault of a child and sentenced to thirty years confinement for Count I, fifteen years confinement for Count II and twenty - five years confinement for Counts III and IV. The documents filed by Appellant reflect that his conviction was the result of a plea bargain . O n October 15, 2013, Appellant, proceeding pro se , filed a notice of appeal in2

the trial court requesting permission to appeal based on newly discovered evidence. For the reasons expressed herein, we dismiss this purported appeal for want of jurisdiction. A timely and proper notice of appeal invokes this Court = s jurisdiction. State v. Riewe , 13 S.W.3d 408, 410 (Tex.Crim.App. 2000). When, as here, no motion for new trial wa s filed, the notice of appeal was required to be filed within thirty days after th e day Appellant’s sentence was imposed. T EX . R. A PP . P . 26.2(a)(1). The deadline could have been extended if, within fifteen days of th e deadline , Appellant had file d the notice with the trial court clerk and had also file d a motion for extension of time in compliance with Rule 10.5(b) of the Texas Rules of Appellate Procedure in this Court. See T EX . R. A PP . P. 26.3. This Court has no authority to invoke Rule 2 of the Texas Rules of Appellate Procedure to enlarge the time in which to file a notice of ap peal. See T EX . R. A PP . P. 2; Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). The District Cle rk’s Certificate filed in this Court with the notice of appeal reflects that Appellant’s sentence was imposed in open court on July 25 , 20 07 . No motio n for new trial having been filed, the thirtieth day to file the notice of appeal was August 24, 2007 . Applying the fifteen day extension provided by Rule 26.3 extended the deadline to Monday, September 1 0 , 20 07 . 1 The notice of appeal, however, was not f iled until more than six years later on October 15, 2013, after all deadlines for doing so had expired.

1 The fifteenth day fell on Saturday, September 8 th , but was extended to September 10, 2007 , pursuant to Rule 4.1(a) of the Texas Rules of Appellate Procedure.3

Although Appellant could be entitled to relief by filing a post - conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals f or considerati on of an out - of - time appeal pursuant to T EX . C ODE C RIM . P ROC . A NN . art. 11.07 (West Supp. 2012) , his untimely filing of h is notice of appeal herein prevents this Court from acquiring jurisdiction to entertain h is appeal at this time . Conseque ntly, this purported appeal is dismissed for want of jurisdiction. Patrick A. Pirtle Justice Do not publish.