alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OT ION FOR E N B ANC R ECONSIDERATION

Appellate case name: Ex Parte Oscar Minjare Sanchez, Jr.

Appellate case number: 01

- 18

- 00139

- CR

Trial court case number: 1412036

- A

Trial court: 1 76th District Court of Harr is County

Date m otion filed: April 29, 2020

Party filing motion: The State of Texas

A majority of the en banc court has voted to deny the State ’ s motion for en banc

reconsideration. It is ordered that the motion is denied.

The en banc court consists of Chief Justice Radack and Justices Keyes, Lloyd

, Kelly,

Goodman, Landau, Hightower, Countiss, and Adams.

Justice Keyes , dissenting from the denial of en banc reco nsideration. Jus tice Keyes would

grant reconsideration of the e n banc court ’ s March 31, 2020 opinion for the reasons set forth in

the original December 20, 2018 panel opinion and in her opi n ion dissenting from en banc

reconsideration. S he would affirm the judgment of the trial court denying habeas relief.

Judge ’ s si gnature: /s/ Sarah Beth L andau

Acting for the En Banc Court

Date: Octo ber 13, 2020
# C_2007117EN.01000601.xml

| 26.5.2007 | EN | Official Journal of the European Union | C 117/6 |
| --- | --- | --- | --- |

26.5.2007

EN

Official Journal of the European Union

C 117/6

---

Reference for a preliminary ruling from the Verwaltungsgericht Darmstadt (Germany), lodged on 27 February 2007 — Container Service Thorsten Sperzel GmbH v Land Hessen

(Case C-119/07)

(2007/C 117/09)

Language of the case: German

Referring court

Verwaltungsgericht Darmstadt

Parties to the main proceedings

Applicant: Container Service Thorsten Sperzel GmbH

Applicant:

Defendant: Land Hessen

Defendant:

Questions referred

| 1. | Is Article 33(1) of Council Regulation (EEC) No 259/93 (1) of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community to be interpreted as meaning that, when calculating the administrative costs of carrying out the notification and supervision procedure, in addition to the costs of the administrative expense actually incurred for an official act, the importance of the official act for the notifier as recipient of the official act may also be taken into account?
  Should the Court of Justice answer Question 1 in the affirmative: |
| --- | --- |

1.

Is Article 33(1) of Council Regulation (EEC) No 259/93 (1) of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community to be interpreted as meaning that, when calculating the administrative costs of carrying out the notification and supervision procedure, in addition to the costs of the administrative expense actually incurred for an official act, the importance of the official act for the notifier as recipient of the official act may also be taken into account?

1

Should the Court of Justice answer Question 1 in the affirmative:

| 2. | Is Article 33(1) of Regulation (EEC) No 259/93 to be interpreted as meaning that the administrative costs of carrying out the notification and supervision procedure may be regarded as ‘appropriate ’even if, in calculating the administrative costs, the item ‘Value of the importance of the official act for the notifier ’exceeds many times (in the present case, by a factor of twenty) the costs of the administrative expense actually incurred? |
| --- | --- |

2.

Is Article 33(1) of Regulation (EEC) No 259/93 to be interpreted as meaning that the administrative costs of carrying out the notification and supervision procedure may be regarded as ‘appropriate ’even if, in calculating the administrative costs, the item ‘Value of the importance of the official act for the notifier ’exceeds many times (in the present case, by a factor of twenty) the costs of the administrative expense actually incurred?

---

(1)  OJ L 30, p. 1.

1

---
#### § 1308.53 Service.

A subpoena may be served at any place, and may be served by any individual not a party who is at least 18 years of age, or as otherwise provided by law. Service may be made by an attorney or employee of a party. Service shall be made by personal delivery of the subpoena to the individual named therein, together with tender of the amounts required by 5 U.S.C. 503 or other applicable law. The individual making service shall file with the Board the duplicate subpoena, filled out as served, with the return of service filled in, signed and notarized.
### §714o. Dissolution of Delaware corporation

The Secretary of Agriculture, representing the United States as the sole owner of the capital stock of Commodity Credit Corporation, a Delaware corporation, is authorized and directed to institute or cause to be instituted such proceedings as are required for the dissolution of said Corporation under the laws of the State of Delaware. The costs of such dissolution of said Corporation shall be borne by the Corporation.

(June 29, 1948, ch. 704, §17, 62 Stat. 1075.)

#### **Executive Documents**

#### Exceptions From Transfer of Functions

For exception of functions of corporations of Department of Agriculture from transfer of functions to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title.
#### In the Matter of John Patterson et al., Petitioners, v State of New York Office of Children and Family Services et al., Respondents.

[824 NYS2d 659]

In a proceeding pursuant to CPLR article 78 to review a determination of the State of New York Office of Children and Family Services dated June 2, 2004, which, after a hearing, denied the petitioners’ application to amend a report maintained in the New York State Central Register of Child Abuse and Maltreatment, the appeal is from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered June 13, 2005, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the appeal is dismissed and the judgment is vacated; and it is further,

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Since questions of substantial evidence are involved, this proceeding should have been transferred to this Court pursuant to CPLR 7804 (g). However, this Court will treat the matter as one initially transferred here and will review the administrative determination de novo *(see Matter of Weingarten v Crime Victims Bd.,*22 AD3d 763 [2005]; *Matter of Tutuianu v New York State,*22 AD3d 503 [2005]; *Matter of Sureway Towing, Inc. v Martinez,*8 AD3d 490 [2004]; *Matter of Kilafofski v Blackburne,*201 AD2d 564 [1994]).

Substantial evidence supported the determination. The petitioner’s abuse of his stepdaughter having been established, there was a sound basis for the denial of his request to amend a report maintained in the New York State Central Register of Child Abuse and Maltreatment to prevent disclosure of the abuse to potential employers in light of his work as a nurse and drug counselor, which potentially brought him into contact with underage individuals *(see Matter of Castilloux v New York State Off. of Children & Family Servs.,*16 AD3d 1061 [2005]; *Matter of Jello v Perales,*206 AD2d 532 [1994]; *Matter of Mary Y. v Perales,*186 AD2d 325 [1992]; *Matter of Boyd v Perales,*170 AD2d 245 [1991]; *Matter of Sellnow v Perales,*158 AD2d 846 [1990]). Santucci, J.P., Mastro, Spolzino and Fisher, JJ., concur.
II

106TH CONGRESS

1ST SESSION S. 1341

To amend the Internal Revenue Code of 1986 to expand the applicability

of section 179 which permits the expensing of certain depreciable assets.

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Mr. DORGAN (for himself, Mr. LOTT, Mr. DASCHLE, Mr. NICKLES, Mr. REID,

Mr. MURKOWSKI, Mr. CONRAD, Mr. BREAUX, Mr. GRAHAM, Mr.

KERREY, Mr. HAGEL, Mr. HARKIN, Mr. DURBIN, Mr. SCHUMER, Mr.

COCHRAN, Mr. CRAIG, Mr. BROWNBACK, Mr. WELLSTONE, Mr. EDWARDS, Mr. CAMPBELL, Mr. JOHNSON, Mr. BINGAMAN, Mr. MACK, Mr.

DOMENICI, Mr. BENNETT, Mr. SANTORUM and Mr. LEAHY) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend the Internal Revenue Code of 1986 to expand

the applicability of section 179 which permits the expensing of certain depreciable assets.

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 ‘‘Main Street Business

5 Incentive Act of 1999’’.
2

•S 1341 IS

1 SEC. 2. EXPANSION OF EXPENSING TREATMENT FOR

2 SMALL BUSINESSES.

3 (a) ACCELERATION OF INCREASE IN DOLLAR

4 LIMIT.—Section 179(b)(1) of the Internal Revenue Code

5 of 1986 (relating to dollar limits on expensing treatment)

6 is amended to read as follows:

7 ‘‘(1) DOLLAR LIMITATION.—The aggregate cost

8 which may be taken into account under subsection

9 (a) for any taxable year shall not exceed $25,000.’’

10 (b) EXPENSING AVAILABLE FOR ALL TANGIBLE DE11 PRECIABLE PROPERTY.—Section 179(d)(1) of the Inter12 nal Revenue Code of 1986 (defining section 179 property)

13 is amended by striking ‘‘which is section 1245 property

14 (as defined in section 1245(a)(3)) and’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply to taxable years beginning after

17 December 31, 1998.

Æ
# C_2007095EN.01004302.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 95/43 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 95/43

---

Order of the President of the Court of First Instance of 26 February 2007 — Sumitomo Chemical Agro Europe v Commission

(Case T-416/06 R)

(Application for interim measures - Application for suspension of operation - Directive 91/414/EEC - No urgency)

(2007/C 95/89)

Language of the case: English

Parties

Applicant: Sumitomo Chemical Agro Europe SAS (Saint-Didier-au-Mont-d'Or, France) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)

Defendant:

Re:

Application for suspension of certain provisions of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC to include procymidone as an active substance (OJ 2006 L 349, p. 22), and for certain other interim measures.

Operative part of the order

| (1) | The application for interim measures is dismissed. |
| --- | --- |

(1)

The application for interim measures is dismissed.

| (2) | The costs are reserved. |
| --- | --- |

(2)

The costs are reserved.

---
# C_2010113EN.01005201.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/52 |
| --- | --- | --- | --- |

1.5.2010

EN

Official Journal of the European Union

C 113/52

---

Action brought on 15 February 2010 — Intermark Srl v OHIM

(Case T-72/10)

2010/C 113/83

Language in which the application was lodged: Hungarian

Parties

Parties

Applicant(s): Intermark Srl (Stei, Romania) (represented by: Á.M. László, ügyvéd)

Applicant(s):

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party/parties to the proceedings before the Board of Appeal of OHIM: Natex International Trade SpA (Pioltello, Italy)

Other party/parties to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Amendment of the decision of the defendant and dismissal in its entirety of the application for registration with regard to all goods; |
| --- | --- |

—

Amendment of the decision of the defendant and dismissal in its entirety of the application for registration with regard to all goods;

| — | An order that the defendant bear the costs. |
| --- | --- |

—

An order that the defendant bear the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Natex International Trade SpA

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘NATY’S’ for goods in classes 29, 30 and 32 (application for registration No 5 810 627)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the figurative mark ‘Naty’ for goods and services in classes 30 and 35 (Community trade mark No 4 149 456)

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition upheld in part

Decision of the Opposition Division:

Decision of the Board of Appeal: dismissal of the application

Decision of the Board of Appeal:

Pleas in law: breach of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) in that there is a likelihood of confusion between the marks at issue.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
**Exhibit 23.2**

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Directors 

CellStar Corporation:

 

We consent to incorporation by reference in the Registration Statementspreviously filed on Form S-8 (Nos. 33-87754, 333-23381, 333-77415, 333-89298 and 333-121590) of CellStar Corporation of our report dated January 10, 2003, except as to the third paragraph of note 12, which is as of October 19, 2003, and note 2,which is as of September 2, 2005, relating to the consolidated statements of operations, stockholders’ equity and comprehensive loss, and cash flows of CellStar Corporation and subsidiaries as of November 30, 2002. 

 

Our report refers to the Company restating its consolidated financial statements as ofNovember 30, 2002. 

 

/s/ KPMG LLP 

 

Dallas, Texas 

September 2, 2005
-  LINC Training Library                  -  Guaranteed Underwriting System (GUS) 
              -  Lender Approval 
              -  Single Family Housing GLP Policy Desk 
              -  Lender Training 
              -  Loan Closing 
              -  Loan Origination 
              -  Loan Servicing 
              -  GUS Lender Test Environment (LTE) 
              -  SFHGLP System Access and Security Guide 
              -  *New* Lender Training Schedule 

                  - English
                  - Spanish

## USDA LINC Training & Resource Library

The Single Family Housing Guaranteed Loan Program has prepared a comprehensive library of resources for all lending partners. In the categories below you have access to all of the training, resources, and important forms for program participation.

If you have questions or need additional information, please contact us. **Contact Information**: SFHGLP Contact List

### Lender Approval

Learn More

### Loan Origination

Learn More

### Single Family Housing GLP Policy Desk

Learn More

### Lender Training

Learn More

### Loan Closing

Learn More

### Guaranteed Underwriting System

Learn More

### Loan Servicing

Learn More

### Email Updates

An archive of previously released email bulletins and program updates are outlined below. Stay connected with the latest information by subscribing to our emails.
### §636l. Semiannual report

Not later than 180 days after December 20, 2019, and semiannually thereafter, the President shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. The report shall contain the subsidy rate of the disaster loan program as authorized under section 636(b) of this title with the loans made under the Military Reservist Economic Injury Disaster Loan program and without those loans included.

(Pub. L. 116–92, div. A, title VIII, §877(c), Dec. 20, 2019, 133 Stat. 1529.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the Small Business Act which comprises this chapter.
### §6551. Internet safety

For the purposes of this chapter, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.

(Pub. L. 110–385, title II, §211, Oct. 10, 2008, 122 Stat. 4102.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4102, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note below and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 110–385, title II, §201(a), Oct. 10, 2008, 122 Stat. 4102, provided that: "This title [enacting this chapter and amending sections 254 and 503 of Title 47, Telecommunications] may be cited as the 'Protecting Children in the 21st Century Act'."
<PAGE>
                                                                Exhibit 10.37
                                                                -------------

                             PROMISSORY NOTE
                             ---------------

$2,000,000                                               Norwich, Connecticut
                                                         June 30, 2003


        FOR VALUE RECEIVED, Gunther International Ltd., a Delaware corporation
("Maker"), hereby promises to pay to the order of Gunther Partners, LLC
("Payee"), at 667 Madison Avenue, New York, New York 10021, or at such other
place as Payee may designate in writing, the principal sum of Two Million
Dollars ($2,000,000) together with interest on the unpaid balance of this Note
from the date hereof until paid, at a fixed rate of eight percent (8%) per annum
and together with all costs of collection, including reasonable attorney's fees,
incurred in any action to collect this Note.

        All principal, accrued interest, and any other amounts owed under this
Note shall be due and payable on demand at any time on or after April 1,2004.

        Maker shall have the right, at any time and from time to time, to prepay
the principal amount of this Note, in whole or in part, without premium or
penalty.

        Presentment, notice of dishonor, and protest are hereby waived.

     Any notice to Maker shall be given by mailing such notice by regular mail,
addressed to Maker at One Winnenden Road, Norwich, Connecticut 06360-1570 or to
such other address as Maker may designate by notice to Payee. Any notice to
Payee shall be given by mailing such notice by regular mail, at the address
stated in the first paragraph of this Note, or at such other address as may have
been designated by notice to Maker.

     The word "Maker" shall include the successors and assigns of Maker named
herein and the word "Payee" shall include the successors and assigns of Payee
named herein. This Note shall be governed by, and construed in accordance with,
the laws of the State of Connecticut.


                               GUNTHER INTERNATIONAL LTD.


                                By:          /s/ Marc I. Perkins
                                         -------------------------------------
                                          Marc I. Perkins
                                          President and Chief Executive Officer
### §3017. Bonds, debentures, notes and other evidences of indebtedness

#### (a) Authorization for public or private sale; time of issuance, interest rates, and terms and conditions; outstanding amount

The Bank is authorized to obtain funds through the public or private sale of its bonds, debentures, notes, and other evidences of indebtedness. Such obligations shall be issued at such times, bear interest at such rates, and contain such terms and conditions as the Board shall determine: Provided, however, That the amount of such obligations which may be outstanding at any one time pursuant to this section shall not exceed ten times the paid-in capital and surplus of the Bank.

#### (b) Purchase and sale by Bank; methods of sale and delivery

The Bank may purchase its own obligations, and may provide for the sale of any such obligations through a fiscal agent or agents, by negotiation, offer, bid, syndicate sale, or otherwise, and may deliver such obligations by book entry, wire transfer, or such other means as may be appropriate.

#### (c) Obligations as not guaranteed by United States and not to constitute a debt or obligation of United States

Obligations issued under this section shall not be guaranteed by the United States and shall not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the Bank.

(Pub. L. 95–351, title I, §107, Aug. 20, 1978, 92 Stat. 507; Pub. L. 97–35, title III, §§394(g)(1), 396(d), Aug. 13, 1981, 95 Stat. 437, 440.)

#### **Editorial Notes**

#### Amendments

1981—Subsec. (a). Pub. L. 97–35, §394(g)(1), struck out requirement respecting consultation with the Secretary of the Treasury.

Subsecs. (b) to (d). Pub. L. 97–35, §396(d), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) relating to discretionary authority for issuance to and purchase by Secretary of Treasury.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1981 Amendment

Pub. L. 97–35, title III, §394(g)(2), Aug. 13, 1981, 95 Stat. 437, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the day after the Final Government Equity Redemption Date [Dec. 31, 1981]." For definition of "Final Government Equity Redemption Date", see section 396(a) of Pub. L. 97–35, set out as a note under section 3012 of this title.

Amendment by section 396(d) of Pub. L. 97–35 effective on the day after the Final Government Equity Redemption Date (Dec. 31, 1981), see section 396(i) of Pub. L. 97–35, set out as a note under section 3011 of this title.
**Exhibit 99.2**

**CERTIFICATION PURSUANTTO****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 MK Gold Company (the “Company”) on Form 10-K for the period ended December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, John C. Farmer, Chief Financial Officer and Secretary 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 my knowledge:

(1)      The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and 

(2)      Theinformation contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

  

|                                                                     |   |   |   |
|--------------------------------------------------------------------------|--------|--------|--------|
| /s/ JOHN C. FARMER                                                       |   |   |        |
|                                                                          |   |   |   |
| **John C. Farmer****Chief Financial Officer and Secretary**March 31,2003 |   |   |   |

A signed original of thiswritten statement required by Section 906 has been provided to MK Gold Company and will be retained by MK Gold Company and furnished to the Securities and Exchange Commission or its staff upon request.