alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GRISWOLD v. BACHELLER.

(Circuit Court, D. Rhode Island.

January 14, 1897.)

No. 2,547.

1. Pleading — Demurrer—Waiver op Irregularities.

A general demurrer waives objection that the plea, is not verified, nor supported by certificate of counsel, as required by the rules of court.

B. Abate Mfnt — ■ Pendency op Another Action-Law and Equity.

Suits at law and in equity are necessarily so dissimilar that, as a rule, one cannot be pleaded in abatement of the other.

8. Same — Sufficiency of Plea.

A plea alleging the pendency of another action, which does not show with certainty that such action is for the same cause, and the same or similar relief, is insufficient.

E. i). Bassett and Samuel R. Honey, for plaintiff.

W. P. Sheffield, for defendant.

BROWN, District Judge.

In this action of trespass quare clausum fregit file defendant pleads in abatement that, before the commencement of the present action, the plaintiff “impleaded” the defendant “in a suit in equity in this court, by bill of complaint, for the identical trespasses in the said writ and declaration mentioned.” ! pon general demurrer to the plea the plaintiff makes objection that it is not verified by affidavit, nor supported by the certificate of counsel, as required by sections 2 and 3 of rule 8 of the rules of the circuit court for the First circuit. This objection goes only to the reception of the plea, and. the irregularity is waived by the filing of a demurrer, the office of which is to> put in issue the legal effect of the plea after- it has been received. Bank v. Slocomb, 14 Pet. 60; Goodyear v. Toby, 6 Blatchf. 130. Fed. Cas. No. 5,585.

The plea, therefore, must be considered upon its merits. As a court, of equity has no jurisdiction over a case identical with the present action, the prior suit in equity either must be defective, or must differ in scope from the present action. Since the jurisdiction of equity is limited to cases in which the law does not afford a complete and adequate remedy, it *has*been held by cases both *at*law and in equity that two causes, one at law, one in equity, are ex necessitate so dissimilar that the pendency of one cannot he pleaded in abatement, of the other. Blanchard v. Stone, 16 Vt. 234; Hatch v. Spofford. 22 Conn. 498; Kittredge v. Race, 92 U. S. 116; Colt v. Partridge, 7 Metc. (Mass.) 570; Black v. Lackey, 2 B. Mon. 257; Graham v. Meyer, 4 Blatchf. 129, Fed. Cas. No. 5,673; Story, Eq. Pl. § 742.

*858But, even conceding the possibility of exception to this broad statement of the rule, the defendants plea must be held insufficient, since it does not set forth with certainty that the prior suit is for the same subject-matter, and for the sam e or similar relief, and since the allegations fail to show that the defendant has been twice vexed for the same matter. The demurrer is sustained.
EXHIBIT 11.1

CALCULATION OF WEIGHTED AVERAGE FOR NINE MONTHS ENDED SEPTEMBER 30, 2003

|BEGINNING BALANCE  |                      | 14,919,394                      
|------------------ | -------------------- | --------------------------------
|                   |                      |                                 
|                   | NO. OF SHARES
ISSUED | CONTRIBUTION TO
WEIGHTED AVERAGE
|                  
|DATE              
|                   |                      |                                 
|June 10, 2003      | 20,000               |                                 
|June 16, 2003      | 20,000               |                                 
|June 20, 2003      | 16,000               |                                 
|July 8, 2003       | 20,000               |                                 
|September 8, 2003  | 150,000              |                                 
|September 29, 2003 | 8,000                |                                 

|Loss for the period     | $1,332,078
|----------------------- | ----------
|Weighted average shares | 14,959,614
|Net Loss per share      | $(0.09)
<PAGE>

                                                                    Exhibit 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements on
Forms S-3 (Nos. 333-19695, 333-62761, 333-45759) and Forms S-8 (Nos. 33-61704,
33-61708, 33-68046), of our report dated February 8, 2001 with respect to the
financial statements of Protein Polymer Technologies, Inc. included in the
Annual Report (Form 10-KSB) for the year ended December 31, 2000.



                              ERNST & YOUNG LLP


San Diego, California
February 21, 2001
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-18-00079-CR

FELLISIA MESHAUN FORD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st District Court

Harrison County, Texas

Trial Court No. 15-0398X

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

Appellant Fellisia Meshaun Ford was convicted of assaulting a public servant and evading 

arrest/detention with a vehicle and was sentenced to nine years’ imprisonment. On August 8, 

2018, Ford’s court-appointed appellate counsel, Timothy J. Cariker, filed an Anders1brief, and on 

August 14, 2018, Ford filed her pro se motion for access to the record. Pursuant to Kelly v. State, 

436 S.W.3d 313, 321–22 (Tex. Crim. App. 2014), we are now required to enter an order specifying 

the procedure to be followed to ensure Ford’s access to the record. This order is intended to 

accomplish that goal.

Cariker advised this Court that on August 6, 2018, he mailed a complete paper copy of the 

appellate record to Ford. Allowing a generous fifteen days for that record to be delivered to Ford 

and giving Ford thirty days to prepare and file her pro se response, we hereby set September 20, 

2018, as the deadline for Ford to file her pro se response to Cariker’s Anders brief.

IT IS SO ORDERED.

BY THE COURT

Date: August 21, 2018

 

1See Anders v. California, 386 U.S. 738 (1967).
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, February 07, 2017.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, February 07, 2017

The Court of Appeals hereby passes the following order

A17A0724. IRON CORE CAPITAL, LLC v. EUGENE HOUCHINS III.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
EXHIBIT 11.1

 

**CALCULATION OF NET LOSS PER SHARE**

 

 
| BEGINNING BALANCE |          | 19,994,257       |
|-------------------|---------------|------------------|
|              |          |             |   |
|              | NO. OF SHARES | CONTRIBUTION TO  | ENDING |
| DATE              | ISSUED        | WEIGHTED AVERAGE | BALANCE |
|              |          |             |   |
| January 12, 2005  | 428,250       |             | 367,070 |   | 20,361,327 |   |
| February 17, 2005 | 12,000        |             | 5,538 |   | 20,366,865 |   |
| March 3, 2005     | 1,000         |             | 308 |   | 20,367,173 |   |
| March 4, 2005     | 305,000       |             | 90,495 |   | 20,457,668 |   |
| March 8, 2005     | 10,000        |             | 2,527 |   | 20,460,195 |   |

 

 
| Loss for the period     | $771,022   |
|-------------------------|------------|
| Weighted average shares | 20,460,195 |
| Net Loss per share      | $(0.04)    |
I 

112TH CONGRESS 

1ST SESSION H. R. 2833 

To repeal the rule requiring employers to post notices relating to the National 

Labor Relations Act. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 2, 2011 

Mr. QUAYLE introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To repeal the rule requiring employers to post notices 

relating to the National Labor Relations Act. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employee Workplace 

5 Freedom Act’’. 

6 SEC. 2. REPEAL OF FINAL RULE. 

7 (a) REPEAL.—The final rule (including any supple8 ment or revision to such rule) published by the National 

9 Labor Relations Board in the Federal Register on August 

10 30, 2011 (76 Fed. Reg. 54006 et seq.), is repealed. 


jlentini on DSK4TPTVN1PROD with BILLS
2 

•HR 2833 IH

1 (b) RULES REQUIRING NLRA NOTICES PROHIB2 ITED.—The National Labor Relations Board shall not 

3 promulgate or enforce any rule that requires employers to 

4 post notices relating to the National Labor Relations Act 

5 (29 U.S.C. 151 et seq.) on or after the date of enactment 

6 of this section. 

Æ 


jlentini on DSK4TPTVN1PROD with BILLS
| Subsidiaries of Carrollton Bancorp     | State of Incorporation | Owned by           | Percentage Ownership |
|----------------------------------------|------------------------|--------------------|----------------------|
| Carrollton Bank                        | Maryland               | Carrollton Bancorp | 100%                 |
| Carrollton Financial Services Inc.     | Maryland               | Carrollton Bank    | 100%                 |
| Carrollton Community Development Corp. | Maryland               | Carrollton Bank    | 96.4%                |
| Carrollton Mortgage Services, Inc.     | Maryland               | Carrollton Bank    | 100%                 |
| Mulberry Street, LLC                   | Maryland               | Carrollton Bank    | 100%                 |

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2910 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2910

    To require parental consent to release records of home-schooled 
                               students.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

 Mr. Hultgren introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
    To require parental consent to release records of home-schooled 
                               students.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Educational Records Privacy 
Extension Act''.

SEC. 2. REQUIRING PARENTAL CONSENT TO RELEASE RECORDS OF HOME-SCHOOLED 
              STUDENTS.

    Subsection (a) of section 444 of the General Education Provisions 
Act (20 U.S.C. 1232g) is amended--
            (1) in paragraph (5)(B), by striking ``attending the 
        institution or agency'' and inserting ``for whom the agency or 
        institution maintains education records, including home-
        schooled students,''; and
            (2) in paragraph (6), by striking ``but does not include a 
        person who has not been in attendance at such agency or 
        institution'' and inserting ``including home-schooled 
        students''.
                                 <all>
```
# Fourth Court of Appeals

**San Antonio, Texas**

February 10, 2021

No. 04

- 20

- 00505

- CV

IN RE SOUTHEAST SNF, LLC d/b/a South East Nursing & Rehabilitation Center

Original Mandamus Proceeding 1

ORDER

On October 12, 2020, r elator filed a petition for writ of mandamus. On November 6, 2020, the real party in interest filed a response. On November 24, 2020, the relator filed a reply. After considering the petition, the record, the response filed by the real party in interest, a nd the reply filed by relator, this court concludes r elator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See T EX

. R. A PP

. P. 52.8(a).

It is so ORDERED on February 10, 2021

.

_____________________________ Liza A. Rodriguez, Justice

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

court on this 10th day of February, 2021

.

_____________________________ Michael A. Cruz

, Clerk of Court

1 This proceeding ari ses out of Cause No. 2019

- CI

- 22992 , styled Villamar Ellison, individually and on behalf of the Estate of Olivia Ramirez, Deceased v. Southeast SNF, LLC d/b/a Southeast Nursing & Rehabilitation Center , pending

in the 285th Judicial District Court

, Bexar Cou nty, Texas, the Honorable Laura Salinas presiding.
* Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-50448

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CALVIN DAVID WRIGHT, also known as

Cal David Wright,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-99-CR-122-ALL

--------------------

April 11, 2002

Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Calvin David Wright has moved

for leave to withdraw and has filed a brief as required by Anders

v. California, 386 U.S. 738 (1967). Wright has not filed a

response. Our independent review of the brief and the record

discloses no nonfrivolous issue. Accordingly, counsel’s motion

for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

CIR. R. 42.2.
Exhibit 99.1


                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 Quarterly Report of Intellectual Technology, Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2002, (the
"Report"), I, Craig Litchin, Chief Executive Officer and Chief Financial 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:

1) The Report fully complies with the requirement 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 Company's financial position and results of operations.


/s/ Craig Litchin
-------------------------------
Principal Executive Officer and
Principal Financial Officer
April 14, 2003
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 309 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 309

To provide compensation for certain World War II veterans who survived 
    the Bataan Death March and were held as prisoners of war by the 
                               Japanese.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 2011

   Mr. Mica introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To provide compensation for certain World War II veterans who survived 
    the Bataan Death March and were held as prisoners of war by the 
                               Japanese.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Samuel B. Moody Bataan Death March 
Compensation Act''.

SEC. 2. PAYMENT TO WORLD WAR II VETERANS WHO SURVIVED BATAAN DEATH 
              MARCH.

    (a) In General.--The Secretary of the military department concerned 
shall pay, upon request, to an individual described in subsection (b) 
the amount determined with respect to that individual under subsection 
(c).
    (b) Covered Individuals.--A payment under subsection (a) shall be 
made to any individual who as a member of the Armed Forces during World 
War II--
            (1) was captured on the peninsula of Bataan or island of 
        Corregidor in the territory of the Philippines by Japanese 
        forces; and
            (2) participated in and survived the Bataan Death March.
    (c) Amount To Be Paid.--The amount of a payment under subsection 
(a) to an individual shall be $4 for each day during which the 
individual was held in captivity by Japanese forces during World War 
II, compounded annually at a 3 percent annual rate of interest.
    (d) Payment to Survivors.--In the case of an individual described 
in subsection (b) who is deceased, payment under this section with 
respect to that individual shall be made to that individual's nearest 
surviving relative, as determined by the Secretary concerned.
                                 <all>
```
```

[United States Government Policy and Supporting Positions (Plum Book), 1996]
[Independent Agencies and Government Corporations]
[Nuclear Waste Technical Review Board]
[From the U.S. Government Printing Office, www.gpo.gov]

The Plum Book (United States Government Policy
        and Supporting Positions): 1996 EditionBRANCH: EXECUTIVE NUCLEAR WASTE TECHNICAL REVIEW BOARDLocationPosition TitleName of IncumbentPay PlanType of Appt.Level Grade or PayTenureExpiresArlington, VAChairmanJohn E. CantlonOTPA....................04/19/1996Arlington, VAMemberClarence R. AllenOTPA....................04/19/1996Arlington, VAMemberJohn ArendtOTPA....................06/25/1999Arlington, VAMemberGary D. BrewerOTPA....................04/19/1996Arlington, VAMemberJared CohonOTPA....................06/29/1999Arlington, VAMemberEdward J. CordingOTPA....................04/19/1996Arlington, VAMemberPatrick A. DomenicoOTPA....................05/31/1994Arlington, VAMemberDonald LangmuirOTPA....................04/19/1996Arlington, VAMemberJohn J. McKetta, Jr.OTPA....................04/19/1996Arlington, VAMemberEllis D. VerinkOTPA....................04/19/1994Arlington, VAMemberJeffry WongOTPA....................06/25/1999Arlington, VAExecutive DirectorWilliam BarnardADXS............................Arlington, VADirector of Public AffairsPaula AlfordADXS............................Arlington, VADirector of AdministrationMichael CarrollADXS............................Arlington, VASenior Professional StaffSherwood ChuADXS............................Arlington, VASenior Professional StaffCarlos Di BellaADXS............................Arlington, VASenior Professional StaffDaniel FehringerADXS............................Arlington, VASenior Professional StaffRussell McFarlandADXS............................Arlington, VASenior Professional StaffDaniel MetlayADXS............................Arlington, VASenior Professional StaffVictor PalciauskasADXS............................Arlington, VASenior Professional StaffLeon ReiterADXS............................
```
<PAGE>

                                                                     EXHIBIT 24b


                                POWER OF ATTORNEY


     KNOW ALL MEN BY THESE PRESENTS, that the undersigned, a director of
WHOLESOME & HEARTY FOODS, INC., an Oregon corporation (the "Company"), hereby
constitutes and appoints RICHARD C. DIETZ his true and lawful attorney-in-fact
and agent, with full power of substitution and resubstitution, for him and in
his name, place and stead, in any and all capacities, to sign the Form 10-K
Annual Report, with all exhibits and amendments thereto, of Wholesome & Hearty
Foods, Inc. for the fiscal year ended December 31, 1996, and to file this Power
of Attorney and the Form 10-K, and all exhibits thereto and other documents in
connection with the Securities and Exchange Commission and the National
Association of Securities Dealers, Inc., granting unto said attorney-in-fact and
agent full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully to all
intents and purposes as he might or could do in person, hereby ratifying and
confirming all that each of said attorney-in-fact and agent, or his substitute
or substitutes, may do or cause to be done by virtue hereof.


                                   Dated this 3rd day of December, 1996.

                                   /s/ RALPH M. KOVEL  , Director
                                   --------------------
                                   Ralph M. Kovel
geccexhibit4w.htm


Exhibit 4(w)


 







 


February 25, 2011

















Securities and Exchange Commission


100 F. Street, N.E.


Washington, D.C. 20549








	
Subject:

	  	
General Electric Capital Corporation Annual Report on Form 10-K for the fiscal year ended December 31, 2010 – File No. 001-06461












 


Dear Sirs:


 


Neither General Electric Capital Corporation (the “Corporation”) nor any of its subsidiaries has outstanding any instrument with respect to its long-term debt, other than those filed as an exhibit to the Corporation’s Annual Report on Form 10-K for the fiscal year ended December 31, 2010, under which the total amount of securities authorized exceeds 10% of the total assets of the registrant and its subsidiaries on a consolidated basis. In accordance with paragraph (b) (4) (iii) of Item 601 of Regulation S-K (17 CFR §229.601), the Corporation hereby agrees to furnish to the Securities and Exchange Commission, upon request, a copy of each instrument that defines the rights of holders of such long-term debt not filed or incorporated by reference as an exhibit to the Corporation’s Annual Report on Form 10-K for the fiscal year ended December 31, 2010.


 


 



	
Very truly yours,


GENERAL ELECTRIC CAPITAL CORPORATION


 


	
By:

	
/s/ Kathryn A. Cassidy

	  	  
	  	
Kathryn A. Cassidy


Senior Vice President Corporate Treasury


and Global Funding Operation