alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-20-00008-CV

_________________

IN RE JAMES THIBODEAUX

________________________________________________________________________

Original Proceeding

128th District Court of Orange County, Texas

Trial Cause No. A180121-C

________________________________________________________________________

ORDER

James Thibodeaux filed a petition for writ of mandamus. The relator is a 

defendant in Cause Number A180121-C, Maria Cisneros and Socorro Cisneros v. 

James Thibodeaux. Relator seeks a writ compelling the Honorable Courtney Arkeen, 

Judge of the 128th District Court, to vacate the order granting a motion for new trial. 

We note our jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. 

§ 22.221. 
2

Relator requests that the trial be stayed as temporary relief. See Tex. R. App. 

P. 52.10(a). The Court finds temporary relief is necessary to prevent undue 

prejudice. It is ORDERED that the trial of Cause Number A180121-C is STAYED 

until our Opinion issues or until further order of this Court. See Tex. R. App. P. 

52.10(b). No bond is required of the relator as a condition to any relief herein 

granted.

The response of the real parties in interest, Maria Cisneros and Socorro 

Cisneros, is due January 21, 2020.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED January 9, 2020.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.
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Exhibit 32.1


Certification
Pursuant to Section 906 of Sarbanes-Oxley Act of 2002


The undersigned Chief Executive Officer and Chief Accounting Officer of Mid-
Wisconsin Financial Services, Inc. (the "Company") certify pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that (1) the
quarterly report on Form 10-Q of Mid-Wisconsin for the quarterly period ended
September 30, 2006 (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78m or
78o(d), and (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operation of Mid-
Wisconsin.

      Date: November 14, 2006

                                    JAMES F. WARSAW
                                    James F. Warsaw
                                    President and CEO

                                    PAUL H. EWIG
                                    Paul H. Ewig
                                    Chief Financial Officer
                                    (Principal Financial and Accounting Officer)



      A signed original of this written statement required by Section 906 has
      been provided to Mid-Wisconsin Financial Services, Inc. and will be
      retained by Mid-Wisconsin Financial Services, Inc. and furnished to the
      Securities and Exchange Commission or its staff upon request.
#### § 162.556 Will BIA notify a lessee when a payment is due under a WSR lease?

Upon request of the Indian landowners, we may issue invoices to a lessee in advance of the dates on which payments are due under a WSR lease. The lessee's obligation to make these payments in a timely manner will not be excused if invoices are not delivered or received.
### §2113b. Academic Health System

(a) In General.—The Secretary of Defense may establish an Academic Health System to integrate the health care, health professions education, and health research activities of the military health system, including under this chapter, in the National Capital Region.

(b) Leadership.—(1) The Secretary may appoint employees of the Department of Defense to leadership positions in the Academic Health System established under subsection (a).

(2) Such positions may include responsibilities for management of the health care, health professions education, and health research activities described in subsection (a) and are in addition to similar leadership positions for members of the armed forces.

(c) National Capital Region Defined.—In this section, the term "National Capital Region" means the area, or portion thereof, as determined by the Secretary, in the vicinity of the District of Columbia.

(Added Pub. L. 116–92, div. A, title VII, §734(a), Dec. 20, 2019, 133 Stat. 1461.)
### §2552. Equipment for instruction and practice: American National Red Cross

The Secretary of a military department, under regulations to be prescribed by him, may lend equipment under the jurisdiction of that department that is on hand, and that can be temporarily spared, to any organization formed by the American National Red Cross that needs it for instruction and practice for the purpose of aiding the Army, Navy, or Air Force in time of war. The Secretary shall by regulation require the immediate return, upon request, of equipment lent under this section. The Secretary shall require a bond, in double the value of the property issued under this section, for the care and safekeeping of that property and for its return when required.

(Aug. 10, 1956, ch. 1041, 70A Stat. 142, §2542; renumbered §2552, Pub. L. 106–398, §1 [[div. A], title X, §1033(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–260.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 2542 | 10:1255.10:1256.34:549.34:550. | May 8, 1914, J. Res. 15, 38 Stat. 771. |

10:1256.

34:549.

34:550.

The word "may" is substituted for the words "is authorized * * * at his discretion", in 10:1255 and 34:549. The word "lend" is substituted for the word "issue", in 10:1255 and 34:549. The words "proper", "to be", "out of equipment for medical or other establishments", and "belonging to the Government", in 10:1255 and 34:549, are omitted as surplusage. The words "that needs it" are substituted for the words "as may appear to be required". The words "under the jurisdiction of that department" are inserted for clarity. The words "upon request" are substituted for the words "when called for by the authority which issued them".

#### **Editorial Notes**

#### Prior Provisions

A prior section 2552 was renumbered section 2562 of this title and was subsequently repealed.

#### Amendments

2000—Pub. L. 106–398 renumbered section 2542 of this title as this section.
#### STATE OF CONNECTICUT *v.*PAUL FRANCIS

Decided July 13, 2004

*Michael O. Sheehan*and *George G. Kouros,*in support of the petition.

*John A. East III,*senior assistant state’s attorney, in opposition.

The defendant’s petition for certification for appeal from the Appellate Court, 83 Conn. App. 226 (AC 21647), is denied.
### §20605. Applicability of other provisions of law relating to retirement

(a) Applicability to Members of the Space Force.—Except as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows:

(1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force.

(2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force.

(3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force.

(4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force.

(5) Provisions pertaining to a reserve officer shall apply to an officer who is in a space force active status but not on sustained duty.

(6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a space force active status but not on sustained duty.

(7) Provisions pertaining to service in a regular component shall apply to service on sustained duty.

(8) Provisions pertaining to service in a reserve component shall apply to service in a space force active status not on sustained duty.

(9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a space force active status prior to being ordered to active duty.

(10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title.

(b) Provisions of Law.—The provisions of this title referred to in subsection (a) are the following:

(1) Chapter 61, relating to retirement or separation for physical disability.

(2) Chapter 63, relating to retirement for age.

(3) Chapter 69, relating to retired grade.

(4) Chapter 71, relating to computation of retired pay.

(5) Chapter 941, relating to retirement from the Air Force for length of service.

(6) Chapter 945, relating to computation of retired pay.

(7) Chapter 1223, relating to retired pay for non-regular service.

(8) Chapter 1225, relating to retired grade.

(Added Pub. L. 118–31, div. A, title XVII, §1719A(a), Dec. 22, 2023, 137 Stat. 663.)
#### § 18.1 What is the purpose of this part?

This part establishes the Department's policies and procedures for reviewing and approving or disapproving tribal probate codes, amendments, and single heir rules that contain provisions regarding the descent and distribution of trust and restricted lands.
### **CHAPTER 933—MISCELLANEOUS RIGHTS AND BENEFITS**

Sec.
9251.
Presentation of United States flag upon retirement.
9252.
Service credit: regular enlisted members; service as an officer to be counted as enlisted service.
9253.
Flying officer rating: qualifications.

#### **Editorial Notes**

#### Prior Provisions

A prior chapter 933, consisting of sections 9531 to 9541, related to procurement, prior to renumbering as chapter 963 of this title.

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 853 of this title as this chapter and items 8681, 8684, and 8691 as 9251, 9252, and 9253, respectively.

**1998**—Pub. L. 105–261, div. A, title VI, §644(c)(2), Oct. 17, 1998, 112 Stat. 2049, added item 8681.

**1994**—Pub. L. 103–337, div. A, title XVI, §1674(b)(6), Oct. 5, 1994, 108 Stat. 3016, struck out item 8686 "Members of Air National Guard of United States: credit for service as members of Air National Guard".

**1986**—Pub. L. 99–661, div. A, title VI, §604(f)(1)(B)(iv), Nov. 14, 1986, 100 Stat. 3877, struck out item 8687 "Compensation: members of Air Force other than of regular Air Force; when same as that provided for members of Regular Air Force".

**1985**—Pub. L. 99–145, title XIII, §1301(d)(1)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8683 "Service credit: certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department to be counted".

**1980**—Pub. L. 96–513, title V, §514(5), Dec. 12, 1980, 94 Stat. 2935, struck out item 8689 "Assignments and allotments of pay".

**1971**—Pub. L. 92–168, §3(2), Nov. 24, 1971, 85 Stat. 489, struck out item 8692 "Pilot rating in time of peace: qualifications".

**1968**—Pub. L. 90–235, §§6(a)(5), 7(a)(6), (b)(6), Jan. 2, 1968, 81 Stat. 762, 763, struck out items 8682 "Service credit: officers; service as cadet not counted", 8685 "Regular Air Force; Air Force Reserve: female members; definition of 'dependents' ", 8690 "Exemption from arrest for debt: enlisted members", and 8693 "Replacement of certificates of discharge".

**1958**—Pub. L. 85–861, §1(189), Sept. 2, 1958, 72 Stat. 1534, struck out items 8681 "Air Force Register: Regular Air Force officers; service to be listed" and 8688 "Death gratuity".
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

__________________

N O . 09

- 19

- 00050

- CV

__________________

WISCH LEASING GROUP LP , Appellant

V.

THE WOODLANDS LAND DEVELOPMENT COMPANY LP, DREAM

MOTORS LLC, AND MERCEDES

- BENZ FINANCIAL SERVICES USA

LLC , Appellee s

__________________________________________________________________

On Appeal from the 284th D istrict Court

Montgomery County, Texas

Trial Cause No. 17

- 09

- 10958

- CV

__________________________________________________________________

MEMORANDUM OPINION

Appellant Wisch Leasing Group LP filed a motion to dismiss its appeal, which

asserts the parties have settled their claims. The motion is voluntarily made by Wisch2 Leasing Group LP before the Court decided the appeal

. See Tex. R. App. P. 42.1.

No other party filed a notice of appeal. 1 We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

_________________________ HOLLIS HORTON

Justice

Submitted on April 17, 2019

Opinion Delivered April 18, 2019

Before Kreger, Horton and Johnson, JJ.

1 Appellees filed a motion to dismiss the appeal as frivolous, in which they

sought damages pursuant to Rule 45. See Tex. R. Civ. P. 45. In light of appellant’s

motion to dismiss based upon settlement, we need not rule on appellees’ motion, and

we decline to assess damages under Rule 45. See id

.
**Exhibit 32.2**

 

**CERTIFICATION**

 

In connection with the Quarterly Report of Graham Packaging Holdings Company on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John E. Hamilton, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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 results of operations of Graham Packaging Holdings Company. |

 

 

Date:  August 12, 2005

 

 

| By:    | /s/ John E. Hamilton    |
|--------|-------------------------|
|   | John E. Hamilton        |
|   | Chief Financial Officer |
#### State of Nebraska, appellee, v. Jesse Lee Abram, appellant.

237 N. W. 2d 153

Filed January 8, 1976.

No. 40196.

Frank B. Morrison and Stanley A. Krieger, for appellant.

Paul L. Douglas, Attorney General, and Melvin K. Kammerlohr, for appellee.

Heard before White, C. J., Spencer, Boslaugh, McCown, Newton, Clinton, and Brodkey, JJ.

Clinton, J.

Defendant pled guilty to a charge of robbery and was sentenced to the Nebraska Penal and Correctional complex for a term of 3 years, the minimum statutory sentence for the crime of robbery. § 28-414, R. R. S. 1943. On this appeal he argues he should have been sentenced to a term of probation instead of imprisonment. His position is founded upon his age, his employment history, and the claimed absence of a significant prior criminal record.

At the time of sentencing the defendant was almost 18 years of age. He was employed at that time and apparently had been a considerable part of the time since dropping out of high school in the 10th grade. His prior criminal record was a conviction as a juvenile for carrying a concealed weapon in 1971. For that offense he received a 6-month sentence of probation. We note that the carrying of a concealed weapon is a felony. § 28-1001, R. R. S. 1943. Whether the instant robbery was accomplished by the means of a weapon is uncertain. Defendant at least led the person he robbed to believe that he had a weapon.

*200We cannot say that the trial court abused its discretion in imposing the minimum sentence.

Affirmed.
MATERIALS NOT INCLUDED IN

AIRWORTHINESS DIRECTIVE (AD) DOCKET

FAA-2012-0695

Docket Number

2011-SW-031-AD

Directorate Identifier

Name/Description of Item(s) Not Included in DMS Docket and Maintained in the 

Supplemental AD Docket

Agusta Bollettino Tecnico No. 119-39 Revision A, dated May 23, 2011

MAY BE VIEWED AT: Federal Aviation Administration

Office of the Regional Counsel,

Southwest Region

Rules Docket

2601 Meacham Blvd., Room 663

Fort Worth, Texas 76137

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday, 

except Federal holidays.
#### § 163.72 Supervisory relationship.

In any agreement authorized by the Secretary, Indian tribes and their employees may perform cooperative work under the supervision of the Department of the Interior in emergencies or otherwise, as mutually agreed to, but shall not be deemed to be Federal employees other than for purposes of 28 U.S.C. 2671 through 2680, and 5 U.S.C. 8101 through 8193.
### **CHAPTER 835—BANDS**

Sec.
8286.
United States Navy Band; officer in charge.
8287.
United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members.

#### **Editorial Notes**

#### Prior Provisions

A prior chapter 835, consisting of sections 8281 to 8314, related to appointments in the regular Air Force, prior to renumbering as chapter 915 of this title.

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 565 of this title as this chapter and items 6221 and 6222 as 8286 and 8287, respectively.

**2008**—Pub. L. 110–181, div. A, title V, §590(b)(2)(B), Jan. 28, 2008, 122 Stat. 138, struck out item 6223 "Competition with civilian musicians prohibited".

**2006**—Pub. L. 109–364, div. A, title V, §599(b), Oct. 17, 2006, 120 Stat. 2239, substituted "United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members" for "United States Marine Band: composition; director; assistant director" in item 6222.

**2001**—Pub. L. 107–107, div. A, title V, §510(b), Dec. 28, 2001, 115 Stat. 1091, inserted "; officer in charge" after "Navy Band" in item 6221.

**1980**—Pub. L. 96–513, title V, §513(15), Dec. 12, 1980, 94 Stat. 2932, struck out "; leader's pay and allowances" after "Band" in item 6221, and struck out item 6224 "United States Navy Band; United States Marine Corps Band; concert tours".

**1958**—Pub. L. 85–861, §1(141), Sept. 2, 1958, 72 Stat. 1509, substituted "United States Marine Band" for "United States Marine Corps Band", and "director; assistant director" for "Pay and allowances of leader and second leader" in item 6222.
# C_2013302EN.01000901.xml

| 18.10.2013 | EN | Official Journal of the European Union | C 302/9 |
| --- | --- | --- | --- |

18.10.2013

EN

Official Journal of the European Union

C 302/9

---

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

2013/C 302/07

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F12 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F12 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

Official Journal of the European Union

| The Minister for Economic Affairs |
| --- |
| attn: Mr P. Jongerius, Energy Market Directorate |
| Bezuidenhoutseweg 73 |
| Postbus 20401 |
| 2500 EK Den Haag |
| NEDERLAND |

The Minister for Economic Affairs

attn: Mr P. Jongerius, Energy Market Directorate

Bezuidenhoutseweg 73

Postbus 20401

2500 EK Den Haag

NEDERLAND

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797762.

---
#### § 170.120 How can Tribes use Federal highway funds for toll and ferry facilities?

(a) A Tribe can use Federal-aid highway funds, including TTP funds, to study, design, construct, and operate toll highways, bridges, and tunnels, as well as ferry boats and ferry terminal facilities. The following table shows how a Tribe can initiate construction of these facilities.

| To initiate construction of a . . . | A Tribe must . . . |
| --- | --- |
| (1) Toll highway, bridge, or tunnel | (i) Meet and follow the requirements in 23 U.S.C. 129; and (ii) If TTP funds are used, enter into an Agreement as defined in § 170.5. |
| (2) Ferry boat or ferry terminal | Meet and follow the requirements in 23 U.S.C. 129(c). |

(b) A Tribe can use TTP funds to fund 100 percent of the conversion or construction of a toll facility.

(c) If a Tribe obtains non-TTP Federal funding for the conversion or construction of a toll facility, the Tribe may use TTP funds to satisfy any matching fund requirements.
#### § 166.700 What permit violations are addressed by this subpart?

This subpart addresses violations of permit provisions other than trespass. Trespass is addressed under subpart I of this part.
§ 161.603 Can mediation be used in the event of a permit violation or dispute? A permit may provide for permit disputes or violations to be resolved with the District Grazing Committee through mediation. ( a ) The District Grazing Committee will conduct the mediation before the Navajo Nation's appropriate hearing body, before BIA invokes any cancellation remedies.
( b ) Conducting the mediation may substitute for permit cancellation. However, BIA retains the authority to cancel the permit under § 161.606.
( c ) The Navajo Nation's appropriate hearing body decision will be final, unless it is appealed to the Navajo Nation Supreme Court on a question of law. BIA will defer to any ongoing proceedings, as appropriate, in deciding whether to exercise any of the remedies available to BIA under § 161.606.