alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### AMERICAN STEEL & WIRE CO. v. MAYER & ENGLUND CO.

(Circuit Court, S. D. New York.

April 27, 1903.)

1. Voluntary Dismissal—Conditions—Perpetuation of Testimony.

Where a defendant has expended time and effort in gathering together testimony, he has thereby acquired a substantial right to the-use of such testimony, and may properly insist that, as a condition to-the dismissal of the suit by complainant, he shall be required to consent to an arrangement by which the testimony taken may be perpetuated and used in any future suit between the parties or their privies involving the same subject-matter.

In Equity. On complainant’s motion for an order dismissing the-bill, with costs to, defendant to be taxed.

John R. Bennett, for plaintiff.

W. C. Strawbridge, for defendant.

PLATT, District Judge.

Upon complainant’s motion for an order-dismissing the bill herein, with costs to the defendant to be taxed. It is firmly settled in the federal courts that the complainant has a. right to move to dismiss the bill, paying the taxable costs, except in three instances: (1) When there has been a hearing, or a decree entered ; (2) when the defendant asks or deserves affirmative relief; (3) when the dismissal will deprive the defendant of some substantial right which has accrued since the suit was brought. Exceptions 1 and 2 are-*205eliminated by an examination of the record. Taking up exception 3, I cannot rid myself of the feeling that a substantial right has accrued to the defendant in this suit. Under the circumstances, the testimony which he has been at great pains to gather together ought to be perpetuated. I am aware that proceedings looking to that end are now in the court, and are not before me on this motion; but I conceive that it is within my province, in passing upon the complainant’s motion, which must necessarily involve some exercise of discretionary power, to make sure that the testimony shall not be absolutely destroyed. I cannot permit the complainant to acquire the benefits which the'granting of his motion involves, without insisting that he shall have the grace to submit now to a condition which he might otherwise antagonize hereafter.

Let it first be arranged that the defendant’s testimony shall be so placed as to be available in future controversies over the subject-matter between the parties or their privies, and then let the complainant’s motion be granted, without prejudice.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          22,795
<INT-BEARING-DEPOSITS>                           3,299
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    286,990
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      1,416,824
<ALLOWANCE>                                      6,135
<TOTAL-ASSETS>                               1,837,032
<DEPOSITS>                                   1,255,942
<SHORT-TERM>                                   234,450
<LIABILITIES-OTHER>                            190,833
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           117
<OTHER-SE>                                     155,690
<TOTAL-LIABILITIES-AND-EQUITY>               1,837,032
<INTEREST-LOAN>                                 26,561
<INTEREST-INVEST>                                6,994
<INTEREST-OTHER>                                   100
<INTEREST-TOTAL>                                33,655
<INTEREST-DEPOSIT>                              13,307
<INTEREST-EXPENSE>                               6,499
<INTEREST-INCOME-NET>                           13,849
<LOAN-LOSSES>                                      200
<SECURITIES-GAINS>                             (6,550)
<EXPENSE-OTHER>                                 10,835
<INCOME-PRETAX>                                (1,088)
<INCOME-PRE-EXTRAORDINARY>                       (548)
<EXTRAORDINARY>                                  5,700
<CHANGES>                                            0
<NET-INCOME>                                     5,152
<EPS-BASIC>                                       0.52
<EPS-DILUTED>                                     0.52
<YIELD-ACTUAL>                                    3.06
<LOANS-NON>                                      4,471
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 6,031
<CHARGE-OFFS>                                      115
<RECOVERIES>                                        19
<ALLOWANCE-CLOSE>                                6,135
<ALLOWANCE-DOMESTIC>                             3,684
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,451


</TABLE>
NO. 07-02-0313 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C SEPTE MBE R 5, 2002

______________________________ ANDREW MONTEMAYOR, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE COUNT Y COURT AT LAW NO. 2 OF L UBBOCK COUNTY; NO. 2001-477,579; HO NORABL E DRUEFARME R, JUDGE

_______________________________ Before QUINN and REAVIS and JOHNSON, JJ. DISMI SSAL Pending beforethis Cou rtis appellant’s motion to dism iss his appeal. Appellant and his attorney have both signed the m otion representing that appellant wishes to withdraw his notice of appeal pursuant to Rule 42.2(a) of the Tex as Rules of Appellate Procedure. No decision of this Court having been delivered to date, we grant the mo tion. Accordingl y,2

having dismissed the appeal at appellant’s request, no m oti on for rehearing will be entertained and our m andate will issue forthwith.
Don H. Rea vis Justice Do not publish.
### NUMBER 13 - 1 5 - 00 002 - C R 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

CHARLES LEO ANDERSON III , Appellant,

v. THE STATE OF TEXAS, Appellee.

On a ppeal from the 3 6 th District Court of Aransas County, Texas.



## ORDER OF ABATEMENT
Before Justices Garza, Benavides , and Perkes

Order Per Curiam Appellant ’ s appointed counsel, Ruben R. Lerma, Jr. , has filed a motion requesting to withdraw as counsel. According to h is motion to withdraw, good cause exists for h im
to withdraw . Counsel states that appellant has specified ineffective assistance of counsel as a basis to appeal and counsel believes a conflict exists preventing counsel from continuing as appellant’s attorney.2

Adequate reason for the discharge of counsel and appointment of new counsel rests within the sound discretion of the trial court. Carroll v. State , 176 S.W.3d 249, 255 (Tex. App.

-- Houston [1st Dist.] 2004, pet. ref'd). In those circumstances whe re the appointment of substitute counsel may be necessary, an appellate court, when faced with a motion to withdraw, should abate the proceeding to the trial court for determination of this issue. Accordingly, we ABATE the appeal and REMAND the cause to t he trial court for further proceedings consistent with this order. Upon remand, the trial court shall determine whether appellant ’ s court

- appointed attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to new appointed c ounsel. If the trial court determines that there is no reason to discharge appellant ’ s current appointed attorney and appoint substitute counsel, the court shall enter an order to that effect. If the trial court determines that new counsel should be
appo inted, the name, address, telephone number, email address, and state bar number of newly appointed counsel shall be included in the order appointing counsel. The trial court shall further cause its order to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of
this order.
It is so ordered. Per Curiam
Do not pu blish. T EX

. R. A PP

. P . 47.2 (b)

. D elivered and filed th e 14 th day of April , 201 5

.
Thorp Petroleum Corp., et /s



# Fourth Court of Appeals

**San Antonio, Texas**

April 10, 2015

N o. 04

- 14

- 00527

- CV

Anna M aria Salinas SAENZ , et al.,

Appellant

v.

THORP PETROLEUM CORP ., et al.,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. DC

- 04

- 120

Honorable Ana Lisa Garza, Judge Presiding



### ORDER

The Appellant ’ s Motion for Extension of Time to fi le Reply Brief is GRANTED. Time

is extended to May 7, 2015.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 10th day of April, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          79,786
<SECURITIES>                                   100,136
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               182,247
<PP&E>                                          32,779
<DEPRECIATION>                                  12,056
<TOTAL-ASSETS>                                 203,249
<CURRENT-LIABILITIES>                            8,032
<BONDS>                                         11,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           227
<OTHER-SE>                                     183,990
<TOTAL-LIABILITY-AND-EQUITY>                   203,249
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   15,721
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (13,099)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (13,099)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,099)
<EPS-BASIC>                                      (.58)
<EPS-DILUTED>                                    (.58)


</TABLE>
EXHIBIT 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

PURSUANT TO RULE 13A-14(b) OF THE EXCHANGE ACT AND 18
U.S.C. SECTION 1350.

In connection with the Annual Report on Form 10-K of Curis, Inc. (the Company) for the fiscal year
ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Daniel R. Passeri, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 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
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.

Dated: February 26, 2009



/s/ DANIEL R. PASSERIDaniel R. PasseriPresident and Chief Executive Officer(Principal Executive Officer)
```

                                                                    Exhibit 21.1

                          WHX CORPORATION SUBSIDIARIES

WHEELING-PITTSBURGH CAPITAL CORPORATION, a Delaware corporation

WHX AVIATION CORPORATION, a Delaware corporation

WHX METALS CORPORATION, a Delaware corporation

WHX CS CORPORATION, a Delaware corporation

HANDY & HARMAN, a New York corporation

                          HANDY & HARMAN SUBSIDIARIES

ALLOY RING SERVICE, INC., Delaware

CAMDEL METALS CORPORATION, a Delaware corporation

CANFIELD METAL COATING CORPORATION, a Delaware corporation

CONTINENTAL INDUSTRIES, INC. a Oklahoma corporation

DANIEL RADIATOR CORPORATION, a Texas corporation

HANDY & HARMAN AUTOMOTIVE GROUP, INC., a Delaware corporation

HANDY & HARMAN OF CANADA, LIMITED, a Province of Ontario Canada corporation

HANDY & HARMAN ELECTRONIC MATERIALS CORPORATION, a Florida corporation

HANDY & HARMAN (EUROPE) LIMITED, a corporation organized under the laws of
England and Wales

HANDY & HARMAN INTERNATIONAL, LTD., a Delaware corporation

HANDY & HARMAN PERU, INC., a Delaware corporation

HANDY & HARMAN TUBE COMPANY, INC., a Delaware corporation

H&H PRODUCTIONS, INC., a Delaware corporation

INDIANA TUBE CORPORATION, a Delaware corporation

INDIANA TUBE DANMARK A/S a corporation of Kolding, Denmark

KJ-VMI REALTY, INC., a Delaware corporation

LUCAS-MILHAUPT, INC., a Wisconsin corporation

MARYLAND SPECIALTY WIRE, INC., a Delaware corporation

MICRO-TUBE FABRICATORS, INC., a Delaware corporation

OLYMPIC MANUFACTURING GROUP, INC., a Delaware corporation

OMG, INC., a Delaware corporation

PAL-RATH REALTY, INC., a Delaware corporation

PLATINA LABORATORIES, INC., a Delaware corporation

RIGBY-MARYLAND (STAINLESS), LTD, a corporation organized under the laws of
England and Wales

SHEFFIELD STREET CORPORATION, a Connecticut corporation

SUMCO INC., an Indiana corporation

SWM, INC., a Delaware corporation

WILLING B WIRE CORPORATION, a Delaware corporation

                            OMG, INC.'s SUBSIDIARIES

OMG ROOFING, INC.
```
No. 124, Misc.

#### Butz *v.*United States Postmaster General.

May 27, 1946.

Application denied.
### FOR PUBLICATION


### UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT



#  J OHN D OE , a minor, by his mother and next friend, Jane Doe nfr Jane Doe, Plaintiff-Appellant,

and
J OSEPHINE H ELELANI P AUAHI R ABAGO , Intervenor,

v. K AMEHAMEHA S CHOOLS /B ERNICE P AUAHI B ISHOP E STATE ; C ONSTANCE L AU , in her capacity as Trustee of No. 04-15044 the Kamehameha Schools/Bernice D.C. No. Pauahi Bishop Estate; N AINOA 

#  CV-03-00316-ACK T HOMPSON , in his capacity as Trustee of the Kamehameha ORDER Schools/Bernice Pauahi Bishop Estate; D IANE J. P LOTTS , in her capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; R OBERT K.U. K IHUNE , in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate; J. D OUGLAS I NG , in his capacity as Trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate,

Defendants-Appellees. 

# 

2029Filed February 22, 2006

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, **1** it is ordered that this case be reheard bythe en banc court pursuant to Circuit Rule 35-3. The threejudge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

**1** Judge Clifton is recused. 2030 D OE v. K AMEHAMEHA S CHOOLSPRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00035-CV

Westside Community Development Corporation, Appellant

v.

Fayette County Appraisal District, Appellee

FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT

NO. 2011V-004, HONORABLE JEFF R. STEINHAUSER, JUDGE PRESIDING

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

Appellant Westside Community Development Corporation and appellee

Fayette County Appraisal District have filed a joint motion to dismissthis appeal, indicating that the

parties have settled the underlying dispute. They furtherrequest that we dismissthe appeal and order

that each party bear its own costs of appeal. We grant the parties’ motion and dismiss the appeal.

See Tex. R. App. P. 42.1(a)(1).

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Rose

Dismissed on Joint Motion

Filed: June 28, 2013
Logo - American Funds (R)

                          Capital Income Builder, Inc.
                             333 South Hope Street
                       Los Angeles, California 90071-1406
                              Phone (213) 486 9200




                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



JAMES B. LOVELACE, Chairman and PEO, and SHERYL F. JOHNSON, Treasurer of Capital
Income Builder, Inc., (the "Registrant"), each certify to the best of his or her
knowledge that:

     1)   The  Registrant's  periodic  report on Form N-CSR for the period ended
          October  31,  2004  (the  "Form  N-CSR")   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 Form N-CSR fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Registrant.


Principal Executive Officer                        Principal Financial Officer

CAPITAL INCOME BUILDER, INC.                       CAPITAL INCOME BUILDER, INC.

  /s/ James B. Lovelace                              /s/ Sheryl F. Johnson
----------------------------                       -----------------------------
James B. Lovelace, Chairman                        Sheryl F. Johnson, Treasurer

Date: January 7, 2005                              Date: January 7, 2005


A signed  original  of this  written  statement  required  by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to CAPITAL INCOME BUILDER, INC. and
will be retained by CAPITAL INCOME BUILDER, INC. and furnished to the Securities
and Exchange Commission (the "Commission") or its staff upon request.

This  certification  is being furnished to the Commission  solely pursuant to 18
U.S.C.  Section 1350 and is not being filed as part of the Form N-CSR filed with
the Commission.
exh10_20.htm


    EXHIBIT
10.20

    Compensation
Arrangements for Timothy L. Stubbs

    November
21, 2008

    


    


    The
following is a summary of the compensation arrangement effective November 21,
2008 for Timothy L. Stubbs in his capacity as Vice President – National Sales
for FFE Transportation Services, Inc., a subsidiary of the Company.

    


    Annual Base Salary.
$125,000

    


    Annual and Long-Term Incentive
Compensation Plans. Participation in the Company’s Incentive Bonus Plan,
the 2005 Stock Incentive Plan and the Managers Phantom Stock Plan.

    


    Benefit Plans and Other
Arrangements. Mr. Stubbs is eligible to participate in the Company’s
broad-based programs including health, disability and life insurance programs,
the Frozen Food Express Industries, Inc. 401 (k) Savings Plan, and the FFE
Transportation Services, Inc. 401(k) Wrap Plan.  He is also eligible to
participate in the Key Employee Supplemental Medical Plan.

    


    


    Perquisites. Mr. Stubbs is
eligible to participate in certain programs offered by the Company, including
automobile mileage reimbursement for business purposes plus a $500 per month
automobile allowance, and a Christmas bonus equal to one week’s annual base
salary.
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

###### United States Patent and Trademark Office

          - [Docket No. PTO-C-2017-0031]

# AGENCY:

United States Patent and Trademark Office, Commerce.

# ACTION:

Notice.

# SUMMARY:

In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.

# ADDRESSES:

Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

# FOR FURTHER INFORMATION CONTACT:

Anne Mendez at

(571) 272-6173.

# SUPPLEMENTARY INFORMATION:

The membership of the United States Patent and Trademark Office Performance Review Board is as follows:

Anthony P. Scardino, Chair, Acting Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office

Frederick W. Steckler, Vice Chair, Chief Administrative Officer, United States Patent and Trademark Office

Andrew H. Hirshfeld, Commissioner for Patents, United States Patent and Trademark Office

Mary Boney Denison, Commissioner for Trademarks, United States Patent and Trademark Office

Anthony P. Scardino, Chief Financial Officer, United States Patent and Trademark Office

John B. Owens II, Chief Information Officer, United States Patent and Trademark Office

Sarah T. Harris, General Counsel, United States Patent and Trademark Office

Shira Perlmutter, Chief Policy Officer and Director for International Affairs, United States Patent and Trademark Office

## Alternates

Sharon R. Marsh, Deputy Commissioner for Trademark Examination Policy, United States Patent and Trademark Office

Andrew I. Faile, Deputy Commissioner for Patent Operations, United States Patent and Trademark Office

Dated: August 10, 2017.

Joseph D. Matal,

Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. 2017-17321 Filed 8-15-17; 8:45 am]

 BILLING CODE 3510-16-P