alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NOS. WR-90,494-03, WR- 90,494-04 & WR- 90,494-05

EX P ARTE GEORG E E. PUR DY, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US

CAUSE NOS. 4482-A, 4958-A & 4959- A IN THE 451 DISTRICT COURT

ST F ROM K

ENDALL COUNTY

Per curiam . O R D E R Applicant wa s convicted of sexual assault of a

child and two cha

rg es of se x ual assault. He

was sentenc ed to ten y ear s’ imprisonment in eac h case . Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applican t contends, among other things, that his pleas for defe rre d adjudication wer e i n v o l untary beca

use they wer e predic ated on the assura nce that he could withdraw the pleas if another jurisdiction did not allow simil ar terms on related char g es. Applicant attache s his lawyer’ s response to another matter aff irming this understanding of the terms of the agree ment. Applica nt also2

alleg es that adjudication counsel did not investigate the validity of the a lleg ations in the motion to adjudicate and did not advise him that he had leg al and fa ct u al d efe nses to those alleg ations. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Brady v. United States , 397 U.S. 742 (1970); Ex parte Moody , 991 S.W .2 d 8 5 6 , 857–58 (Tex. Crim. App. 1999). Acc ording ly , the

rec ord should be develope d. The trial court is the appropriate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order ad j u d i cation counsel to respond to Applicant’s claim. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant i s indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hearing. See T E X . C O D E C R I M . P R O C . ar t

. 26.04. I f counsel is appointed or r etained, the trial court sha ll imm ediately notify this Court of counsel’s name

. The trial court s hall make finding s of fac t and conclusions of law addre ssing Applicant’s claims that his pleas wer e involuntary

. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings of fac t and co n clusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed finding s and conclusions, order s, and transcripts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court. Filed: January

15, 2020 Do not publish
No. 1020.

#### Sykes *v.*Pennsylvania.

June 10, 1946.
#### RYDBERG v. GREAT NORTHERN RY. CO. BOROTZ v. GREAT NORTHERN RY. CO.

Civ. Nos. 2051, 2052.

United States District Court D. Minnesota, Third Division.

Dec. 13, 1951.

H. V. Rhedin, St. Paul, Minn., for the defendant.

Howard H. Gelb, Asst. U. S. Atty., St. Paul, Minn., for the plaintiffs.

DONOVAN, District Judge.

Plaintiffs seek money judgment for vacation rights under the Selective Training and Service Act of 1940.1 The motion to dismiss in each case is made on the ground that the complaint fails to- state a claim, upon which relief can be granted. The pleadings and motions warranted consolidation. The motions are based on Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. -

Counsel for.each party filed briefs and argued orally. Defendant, in support of the motions, contends the relief sought by plaintiffs is not within the purview of said Act, citing cases.2 Plaintiffs, opposing the motions, marshalled respectable authority in support of the cause of action outlined in the complaints.3

The court’s attention has not been directed to any pertinent decision by the Court of Appeals of the Eighth Circuit, and the court has found none. The difference in the conclusions arrived at in the Second and Third Circuits suggests an element of speculation as to what is the appropriate disposition of the question of vacation pay in the cases at bar. All doubts should be resolved with a thought to protecting the veteran, and as required by a liberal construction of the Act in question.4

*109Motions to dismiss should not be granted unless it appears to a certainty that plaintiffs would be entitled to no relief under any state of facts in support of the claim set forth in the complaints.5 Thoughtful consideration is convincing that the plaintiffs have stated a claim justifying recovery upon required proof. The motion to dismiss in each case is denied without prejudice to its renewal at trial.

It is so ordered.

1

. 50 U.S.C.A.Appendix, § 308 (b) and (c).

2

. Monticue v. Baltimore & O. R. Co., D. C., 91 F.Supp. 561; Brown v. Watt Car & Wheel Co., 6 Cir., 182 F.2d 570; Fishgold v. Sullivan Corp., 328 U.S. 275, 66 S.Ct. 1105, 90 L.Ed. 1230; Dwyer v. Crosby Co., 2 Cir., 167 F.2d 567; Siaskiewicz v. General Electric Co., 2 Cir., 166 F.2d 463,

3

. Mentzel v. Diamond et al., 3 Cir., 167 F.2d 299; MacLaughlin v. Union Switch & Signal Co., 3 Cir., 166 F.2d 46.

4

. Fishgold v. Sullivan Corp., supra; Karas v. Klein et al., D.C., 70 F.Supp. 469.

5

. Sparks v. England, 8 Cir., 113 F.2d 579; Turner v. United States Gypsum Co., D. C., 11 F.R.D. 545; R. O. Stenzel & Co. v. Department Store Package, etc., D.C., 11 F.R.D. 362.
**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**
 
 
 The
        undersigned, Min Li, the Chief Financial Officer of Gulf Resources, Inc.
        (the
        "Company"), does hereby certify under the standards set forth and solely
        for the
        purposes of 18 U.S.C.  1350, as adopted pursuant to Section 906 of the
        Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-QSB of the
        Company for the quarter ended September 30, 2007 fully complies with the
        requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
        1934
        and information contained in that Form 10-QSB fairly presents, in all material
        respects, the financial condition and results of operations of the
        Company.
 
 
 Dated:
                  November 13, 2007
              /s/
                  Min LiChief
                  Financial Officer
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 305 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 305

 Congratulating the New Jersey Devils for winning the 2003 Stanley Cup 
                             championship.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2003

 Mr. Rothman (for himself, Mr. Garrett of New Jersey, Mr. Andrews, Mr. 
  LoBiondo, Mr. Pascrell, Mr. Ferguson, Mr. Pallone, Mr. Saxton, Mr. 
 Payne, Mr. Frelinghuysen, Mr. Holt, Mr. Smith of New Jersey, and Mr. 
Menendez) submitted the following resolution; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating the New Jersey Devils for winning the 2003 Stanley Cup 
                             championship.

Whereas on June 9, 2003, the New Jersey Devils won their 3rd Stanley Cup 
        championship in 9 years by defeating the Anaheim Mighty Ducks, 4 games 
        to 3;
Whereas the New Jersey Devils set a National Hockey League record by winning 12 
        home games in a single playoff year;
Whereas New Jersey Devils' goaltender Martin Brodeur tied a Stanley Cup finals 
        record with 3 shutouts in the finals and established a record for the 
        most shutouts in a single playoff year with 7;
Whereas team captain Scott Stevens set a National Hockey League record for 
        playing in his 233rd playoff game as a defenseman; and
Whereas the determination and teamwork shown by the New Jersey Devils in winning 
        the Stanley Cup embody the best of the work ethic and unity of the 
        people of New Jersey: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) congratulates the New Jersey Devils hockey team for 
        winning the 2003 Stanley Cup championship; and
            (2) recognizes the achievements of the New Jersey Devils 
        players, coaches, owners, and staff who were instrumental in 
        bringing the Stanley Cup back to New Jersey.
                                 <all>
```
Exhibit 22  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-112601) and on Forms S-8 (Nos. 333-38321 and 333-145934) of Vail Resorts, Inc. of our report dated September 22, 2010 relating to the financial statements, financial statement schedule and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.
 
 /s/ PricewaterhouseCoopers LLP
 
 Denver, Colorado
 September 22, 2010
| 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 Registrant. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: November 12, 2010 |                                                              |
|-------------------------|-------------------------------------------------------------------|
|                    |                                                              |
|                    |                                                              |
|                    | /s/ Gil Allon                                                     |   |
|                    | Gil AllonChief Executive Officer(Principal Executive Officer)     |
|                    |                                                              |
|                    |                                                              |
|                    | /s/ Ariel Shenhar                                                 |   |
|                    | Ariel ShenharChief Financial Officer(Principal Financial Officer) |

----
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MINUTES OF PROCEEDINGS

OFFICE: TRENTON DATE: June 8, 2015

JUDGE MARY L. COOPER 

COURT REPORTERS: Regina Tell and Carol Farrell

TITLE OF CASE: CV11-3962(MLC) 

HELSINN HEALTHCARE S.A. 

v.

DR. REDDY'S LABORATORIES, LTD. 

 

APPEARANCES:

Joseph O’Malley, Esq., Eric Dittman, Esq., Isaac Ashkenazi, Esq., 

and Charles Lizza, Esq., for plaintiffs

Gorge Lombardi, Esq., Jovial Wong, Esq., Mayra Tarantino, Esq., Julia Johnson, Esq.,

and Brendan Barker, Esq. for defendant TEVA

Stuart Sender, Esq., Michael Imbacuan, Esq., Howard Wang, Esq., Kenneth Crowell, Esq.

and Constance Huttner, Esq., for defendant DR. REDDY'S LAB

NATURE OF PROCEEDINGS:

Trial without jury continued before the Honorable Mary L. Cooper.

David Frame SWORN for defendants. 

Ordered trial adjourned until 6/9/15 at 9:30am.

Lunch recess: 12:10pm – 12:50pm

TIME COMMENCED: 9:30am 

TIME ADJOURNED: 4:15pm 

TOTAL TIME: 6 hours, 5 minutes

s/Elizabeth Heffner

Deputy Clerk

Case 3:11-cv-03962-MLC-DEA Document 327 Filed 06/08/15 Page 1 of 1 PageID: 19050
Amendment No. 1 to the Registrant's Director Stock Ownership Plan



 Exhibit 10.37 
 AMENDMENT NO. 1 TO THE 
 QUAKER CHEMICAL CORPORATION 
 2003 DIRECTOR STOCK OWNERSHIP PLAN 
 (As
amended March 7, 2007) 
 WHEREAS, Quaker Chemical Corporation (the “Corporation”) maintains the Quaker Chemical Corporation
2003 Director Stock Ownership Plan (the “Plan”) for the benefit of its Eligible Directors; and 
 WHEREAS, the Corporation wishes
to amend the Plan to ratify and reflect the actions taken in accordance with the Resolution approved by the Board at its March 7, 2007 meeting to change the cash and stock allocations applicable to the Annual Retainer; 
 NOW, THEREFORE, the Plan is hereby amended as follows: 
  

	 	1.	Subsection (e) of Section 6 (“Payment of Annual Retainer”) is amended in its entirety to read as follows: 

  

	 	(e)	Subject to adjustment in accordance with Section 6(g), if on the Measuring Date immediately preceding the Retainer Payment Date an Eligible Director is the Beneficial Owner of
7,500 or more shares of Common Stock, 20% of the Annual Retainer payable to the Eligible Director for such year shall be paid in shares of Common Stock and 80% of the Annual Retainer for such year shall be paid in cash. Notwithstanding the preceding
sentence, if an Eligible Director made a Discretionary Election for 2007 or any subsequent year, the Annual Retainer payable to the Eligible Director for such year shall be paid in accordance with the terms of the Discretionary Election.


  

	 	2.	The first sentence of Section 7 (“Discretionary Election”) is amended to read as follows: 

  

	 	7.	Discretionary Election. 

 If on the Measuring Date
immediately preceding the Retainer Payment Date an Eligible Director is the Beneficial Owner of 7,500 or more shares of Common Stock, the Eligible Director may, in the Eligible Director’s discretion, within the 10-day period following the
Measuring Date for the applicable year (the “Option Period”), irrevocably elect to receive Common Stock in payment of a percentage of the Annual Retainer for the applicable year which exceeds (but is not less than) 20%. 
 IN WITNESS WHEREOF, Quaker Chemical Corporation has caused these presents to be duly executed on
this 25th day of July, 2007. 
  

									
		 		 	Quaker Chemical Corporation
					
	Attest:	 	/s/ Irene M. Kisleiko	 		 	By:	 	/s/ D. Jeffry Benoliel
		 		 		 	D. Jeffry Benoliel
		 		 		 	Vice President, Secretary
		 		 		 	and General Counsel
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 243 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 243

Providing that Saudi Arabia should cooperate fully to find and bring to 
justice those involved in the terrorist attack of May 13, 2003, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2003

Mr. Fossella submitted the following resolution; which was referred to 
                the Committee on International Relations

_______________________________________________________________________

                               RESOLUTION

 
Providing that Saudi Arabia should cooperate fully to find and bring to 
justice those involved in the terrorist attack of May 13, 2003, and for 
                            other purposes.

Whereas on May 13, 2003, a terrorist attack in Riyadh, Saudi Arabia claimed the 
        lives of 34 people, including 8 Americans;
Whereas the attack deliberately targeted a community widely known to be heavily 
        populated with civilian Westerners;
Whereas the terrorist attack is believed to be connected to the war on terror;
Whereas the Kingdom of Saudi Arabia has renewed its pledge to participate in the 
        hunting down and eradicating of terrorists and terrorist organizations; 
        and
Whereas the cooperation of the Kingdom of Saudi Arabia in the war on terror has 
        been called into question due to a series of disturbing events and 
        coincidences, including that--

    (1) United States agencies, during their investigation of the 1996 
Khobar Towers bombing in Saudi Arabia that killed 19 United States 
servicemen, reported uncooperative behavior by officials of the Saudi 
Government;

    (2) Saudi Arabia was the host country for a telethon in 2002 which sent 
millions of dollars to the families of suicide bombers, and since September 
11, 2001, Saudi diplomats, members of the Saudi royal family, and other 
Saudi subjects have been connected to funding for ongoing terrorist 
activities; and

    (3) the Saudi Government was informed by United States Government 
officials that terrorist attacks were imminent just days prior to the May 
13, 2003, terrorist attacks in Riyadh, and the Saudi Government does not 
appear to have made serious efforts to increase alert levels: Now, 
therefore, be it

    Resolved, That--
            (1) the House of Representatives expresses its sympathy to 
        the families of those killed in the terrorist attack in Riyadh, 
        Saudi Arabia, on May 13, 2003; and
            (2) the Kingdom of Saudi Arabia should cooperate fully to 
        help track down and bring to justice all those who carried out 
        or abetted the carrying out of this attack.
                                 <all>
```
H. Res. 278

In the House of Representatives, U.S.,

June 19, 2003.

Whereas Amyotrophic Lateral Sclerosis (hereinafter in this

resolution referred to as ‘‘ALS’’) is a progressive neuromuscular disease characterized by a degeneration of

nerve cells of the brain and spinal cord leading to the

wasting of muscles, paralysis, and eventual death;

Whereas approximately 30,000 individuals in the United

States are afflicted with ALS, with approximately 5,000

new cases each year;

Whereas the life expectancy of an individual with ALS is

three to five years from the time of diagnosis;

Whereas there is no known cause or cure for ALS;

Whereas aggressive treatment of the symptoms of ALS can

extend the lives of individuals with the disease;

Whereas recent advances in ALS research have produced

promising leads related to shared disease processes that

appear to operate in many neurodegenerative diseases;

Whereas, on June 19, 1903, New York Yankee baseball legend Henry Louis (Lou) Gehrig was born in New York

City;

Whereas, on June 19, 2003, The ALS Association will help

America celebrate what would have been Lou’s 100th
2

•HRES 278 EH

birthday, honoring his magnificent baseball career and

his unwavering courage as he faced the deadly disease

that would carry his name; and

Whereas The ALS Association Greater New York Chapter

will celebrate Lou Gehrig’s 100th birthday at Yankee

Stadium on June 19, 2003, by honoring the life and legacy of Lou Gehrig through a pre-game home plate ceremony, and these activities will help bring greater awareness to the disease, Amyotrophic Lateral Sclerosis: Now,

therefore, be it

Resolved, That the House of Representatives—

(1) recognizes the celebration of Lou Gehrig’s

100th birthday and commends the contributions he and

his legacy have made in the search for better treatments

and a cure for ALS;

(2) acknowledges the struggle of the thousands of

individuals battling ALS everyday and their courage in

facing this debilitating disease;

(3) supports cutting-edge research to find a cure for

ALS; and

(4) applauds the efforts of all organizations, including The ALS Association, in their endeavors to raise

awareness about the disease, support research initiatives,
3

•HRES 278 EH

and assist those suffering with ALS and their families

in the challenges of coping with this terrible affliction.

Attest:

Clerk.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 21

- 00656

- CV

In re Debra Sue Bryson

ORIGINAL PROCEEDING FROM BLANCO COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

R elator ’ s motion for temporary emergency relief is also denied.

_______________________ ___________________

Edward Smith , Justice

Before Chief Justice Byrne, Justices Kelly and S m ith

Filed: January 6 , 2022
#### St. Luke Residential Health Care Facility, Inc., Appellant, v Eileen Mills, Respondent.

[852 NYS2d 920]

Present-Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.
DISMISS IN PART AND DENY IN PART and Opinion Filed May 3, 2024 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 24 - 00524 - CV IN RE BARRY WERNICK , Relator Original Proceeding from Dallas County, Texas MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy

Opinion by Justice Goldstein Bef ore the Court is relator’s May 3 , 2024 Emergency Petition for Writ of Mandamus and Injunction. Relator seeks mandamus and injuncti ve relief against Matt Rinaldi, in his official capacity as Chair, Texas Republican Party and Recount Coordinator, HD 108; Jennifer Stoddard

- Hajdu, in her official capacity as Chair, Dallas County Republican Party, Recount Supervisor and Presiding Officer; and Heider Garcia, in his official capacity as Elections Administrator, Dallas County. We do not have jurisdiction to grant any sort of writ other than a writ of mandamus in an original proceeding under the election code. See T EX
. G OV ’ T C ODE A NN . § 22.22 1(a); In re Meyer , No. 05

- 16

- 00063

- CV, 2016 WL 375033, at *5

– *6 (Tex. App.

—

Dallas Feb. 1, 2016, orig. proceeding) (mem. op.) (“A suit for injunctive relief in an appropriate trial court is the proper avenue for relief if a person– 2

–

is in danger of being harm ed by a threatened violation of the election code.”). Thus, to the extent relator seeks a writ of injunction, we dismiss the petition for want of jurisdiction

. T h e Texas elections code grants th is Court limited jurisdiction to consider a petition for writ of mandamus to “compel the performance of any duty impose d by law in connection with the holding of an election . . . regardless of wh e ther the person responsible for performing the duty is a publ ic officer.” T EX
. E LEC
. C ODE A NN
. § 273.061 (a); see also In re Claire , No. 05

- 22

- 00018

- CV, 2022 WL 71868, at *1 (Tex. App.

—

Dallas Jan. 7, 2022, orig. proceeding) (mem. op.)

. To the extent relator requests mandamus relief, we conclude that relator failed to show his entitlement to the relief requested and thus deny the petition for writ of mandamus.

240524f.p05 /Bonnie Lee Goldstein/ / BONNIE LEE GOLDSTEIN JUSTICE