alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

July 20, 2017

No. 04-16-00800-CV

James F. MCKINNON,

Appellant

v.

Robert Stone WALLIN and William Brandon Wallin,

Appellee

From the County Court, Gillespie County, Texas

Trial Court No. 10093

Honorable Polly Jackson Spencer, Judge Presiding

O R D E R

On May 23, 2017, we abated this appeal and remanded the cause to the trial court so that 

it could, pursuant to Texas Rule of Appellate Procedure 34.6(e)(3), determine if the reporter’s 

record was accurate. A supplemental clerk’s record containing the trial court’s findings has now 

been filed. The trial court found that the “reporter’s record, as filed, accurately reflects and 

conforms to what occurred in the proceedings in the trial court on September 19, 2016.” We now 

REINSTATE this appeal on the docket of this Court.

At the time we abated this appeal, appellant had already filed an appellant’s brief and an 

amended appellant’s brief. On July 12, 2017, appellant filed what appears to be supplement to 

his amended appellant’s brief. (Although appellant titles this document a “reply” brief, no 

appellee’s brief has been filed as of yet.) This brief filed on July 12, 2017, does not conform to 

Texas Rule of Appellate Procedure 38 because it does not (1) identify the parties and counsel; (2) 

include a table of contents; (3) include an index of authorities; and (4) include record references 

in the statement of facts. While substantial compliance with Rule 38 is sufficient, this court may 

order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See TEX.

R. APP. P. 38.9(a). We conclude that the formal defects described above constitute flagrant 

violations of Rule 38. 

If appellant wishes to supplement his amended brief filed on March 24, 2017, he must 

file, within fifteen days of the date of this order, a second amended appellant’s brief, which will 

replace his first amended brief filed on March 23, 2017. If appellant does not file such a second 
amended appellant’s brief, we will strike his “reply” brief filed on July 12, 2017. See TEX. R.

APP. P. 38.9(a); see also id. 42.3(c) (allowing dismissal of appellant’s case if appellant fails to 

comply with a requirement of the Texas Rules of Appellate Procedure or an order of this court).

If appellant files a second amended brief, appellees’ brief will be due thirty days after 

appellant’s second amended brief is filed. If appellant does not file a second amended brief, 

appellees’ brief will be due forty-five days from the date of this order.

_________________________________

Karen Angelini, Justice

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

court on this 20th day of July, 2017.

___________________________________

Luz Estrada

Chief Deputy Clerk
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-14-00360-CV

GEORGE M. BISHOP, DOUG BULCAO, SENATOR JOHN WHITMIRE, PAULA 

BARNETT, MARSHA W. ZUMMO, JUAN CARLOS LOPEZ DE GARCIA, SARA 

ENGLISH, ANTONIO LOPEZ DE GARCIA, PETER EISCHEN, MARK CEGIELSKI, 

MARILYN SANDERS, TOM HOLY, ROBERT STARK, D.O., BETH STARK, 

MAUREEN HOLY, JACK EDWARDS, AND JULIE EDWARDS, Appellants

V.

CHAPPELL HILL SERVICE COMPANY, LLC AND HIGH MEADOWS LAND & 

CATTLE, LLC, Appellees

Appeal from the 21st District Court of Washington County. (Tr. Ct. No. 35476).

This case is an appeal from the final judgment signed by the trial court on 

February 18, 2014. After submitting the case on the appellate record and the arguments 

properly raised by the parties, the Court holds that the trial court’s judgment contains no 

reversible error. Accordingly, the Court affirms the trial court’s judgment.

The Court orders that the appellants, George M. Bishop, Doug Bulcao, Senator 

John Whitmire, Paula Barnett, Marsha W. Zummo, Juan Carlos Lopez de Garcia, Sara 

English, Antonio Lopez de Garcia, Peter Eischen, Mark Cegielski, Marilyn Sanders, Tom 
Holy, Robert Stark, D.O., Beth Stark, Maureen Holy, Jack Edwards, and Julie Edwards, 

jointly and severally, pay all appellate costs.

The Court orders that this decision be certified below for observance.

Judgment rendered July 30, 2015.

Panel consists of Justices Keyes, Bland, and Massengale. Opinion delivered by Justice 

Keyes.
---

---

EXHIBIT 32.2



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PremierWest Bancorp (the "Company") on Form 10-Q for the quarter ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Tom Anderson, Senior Vice-President and Chief Financial Officer of the Company, 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 result of operations of the Company for the period certified.
|   

This certification is being furnished solely to comply with the requirements of 18 U.S.C. Section 1350, and shall not be incorporated by reference into any of the Company's filings under the Securities Act of 1933 or the
Securities Exchange Act of 1934, or otherwise be deemed to be filed as part of the Report or under such Acts.

|/s/ Tom Anderson                                 
|-------------------------------------------------
|Tom Anderson                                     
|Senior Vice-President and Chief Financial Officer
|October 25, 2005                                 

---

---
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 88510 / March 30, 2020

ADMINISTRATIVE PROCEEDING 

File No. 3-17740

In the Matter of

AUGUSTINE CAPITAL 

MANAGEMENT, LLC (F/K/A 

AUGUSTINE CAPITAL 

MANAGEMENT, INC.), JOHN T. 

PORTER, and THOMAS F. 

DUSZYNSKI, CPA,

Respondents.

:

:

:

:

:

:

:

:

:

:

:

ORDER DIRECTING 

DISBURSEMENT OF FAIR FUND

On November 29, 2018, the Commission issued a Notice of Proposed Plan of 

Distribution and Opportunity for Comment (“Notice”),1pursuant to Rule 1103 of the 

Commission’s Rules on Fair Fund and Disgorgement Plans (“Commission’s Rules”).2 The 

Notice advised interested persons that they could obtain a copy of the Proposed Plan of 

Distribution (“Proposed Plan”) from the Commission’s public website or by submitting a written 

request to Michael S. Lim, Esq., United States Securities and Exchange Commission, 100 F 

Street, NE, Washington, DC 20549-5876. The Notice also advised that all persons desiring to 

comment on the Proposed Plan could submit their comments, in writing, within 30 days of the 

Notice. The Commission received no comments on the Proposed Plan during the comment 

period. On March 18, 2019, the Commission issued an order approving the Plan of Distribution, 

 

1

 Exchange Act Rel. No. 84675 (Nov. 29, 2018).

2

 17 C.F.R. § 201.1103.
and simultaneously posted the approved Plan of Distribution (the “Plan”).3

 The Plan provides 

for the distribution of the Fair Fund, plus accumulated interest, less taxes, fees, and expenses (the 

“Net Fair Fund”), to the Eligible Investors according to the methodology set forth in the Plan. 

The Fund Administrator has submitted to Commission staff a payment file with a list of 

thirty-six (36)4payees and their respective payment amounts. Commission staff has reviewed 

the payment file and requests that, pursuant to Rule 1101(b)(6) of the Commission’s Rules on 

Fair Fund and Disgorgement Plans,5the Commission direct the payment of $898,588.85 from the 

Fair Fund for distribution by the Fund Administrator as provided for in the Plan.

Accordingly, it is ORDERED that the Commission staff shall direct the payment of 

$898,588.85 from the Fair Fund for distribution by the Fund Administrator to Eligible Investors 

as provided for in the Plan.

By the Commission.

Vanessa A. Countryman

Secretary

 

3

 Order Approving Plan of Distribution, Exchange Act Rel. No. 85340 (Mar. 18, 2019).

4

 The Plan identifies forty-five (45) Eligible Investors; however, only thirty-six (36) Eligible Investors remain 

eligible to receive a distribution payment.

5

 17 C.F.R. § 201.1101(b)(6).
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: JAIME LUEVANO,

 Relator.

§

§

§

§

§

 § 

No. 08-09-00153-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator has filed a pro se petition for writ of mandamus requesting this Court “to grant the

emergency hearings en banc,” regarding several motions he purports to have filed in the 120th and

409th District Courts in El Paso County.

Relief by writ of mandamus will only be granted in extraordinary circumstances where the

Relator is able to establish the trial court has clearly abused its discretion, and no adequate remedy

at law exists. See State ex. rel Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236

S.W.3d 207, 210 (Tex.Crim.App. 2007). Based on the petition and record before us, we are unable

to conclude that Relator is entitled to the relief requested. Accordingly, mandamus relief is denied.

See TEX.R.APP.P. 52.8(a).

GUADALUPE RIVERA, Justice

July 1, 2009

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)
[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16767-16768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7115]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8996-1]


Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/

Weekly receipt of Environmental Impact Statements
Filed 03/14/2011 Through 03/18/2011
Pursuant to 40 CFR 1506.9.

    Notice: In accordance with Section 309(a) of the Clean Air Act, EPA 
is required to make its comments on EISs issued by other Federal 
agencies public. Historically, EPA met this mandate by publishing 
weekly notices of availability of EPA comments, which includes a brief 
summary of EPA's comment letters, in the Federal Register. Since 
February 2008, EPA has included its comment letters on EISs on its Web 
site at: http://www.epa.gov/compliance/nepa/eisdata.html. Including the 
entire EIS comment letters on the Web site satisfies the Section 309(a) 
requirement to make EPA's comments on EISs available to the public. 
Accordingly, on March 31, 2010, EPA discontinued the publication of the 
notice of availability of EPA comments in the Federal Register.

EIS No. 20110084, Draft EIS, USFS, OR, Galena Project, To Implement 
Several Resource Management Activities, Blue Mountain Ranger District 
Malheur National Forest, Town of John Day, Grant County, OR, Comment 
Period Ends: 05/09/2011, Contact: Robert Robertson 541-575-3061.
EIS No. 20110085, Draft EIS, FHWA, CA, State Route 180 Westside

[[Page 16768]]

Expressway Route Adoption Study, To Improve Mobility East and West 
through the Center of Fresno County and the San Joaquin Valley, Fresno 
County, CA, Comment Period Ends: 05/09/2011, Contact: G. William 
``Trais'' Norris, III 559-243-8175.
EIS No. 20110086, Draft EIS, USACE, LA, New Orleans To Venice (NOV), 
Federal Hurricane Protection Levee. Restoring, Armoring and 
Accelerating the Completion of the Existing NOV, Plaquemines Parish, 
LA, Comment Period Ends: 05/09/2011, Contact: Christopher Koeppel 601-
631-5410.
EIS No. 20110087, Draft EIS, DOE, CA, Topaz Solar Farm Project, Issuing 
a Loan Guarantee to Royal Bank of Scotland for Construction and 
Startup, San Luis Obispo County, CA, Comment Period Ends: 05/09/2011, 
Contact: Angela Colamaria 202-287-5387.
EIS No. 20110088, Final EIS, NRC, GA, Vogtle Electric Generating Plant 
Units 3 and 4, Construction and Operation, Application for Combined 
Licenses (COLs), NUREG-1947, Waynesbora, GA, Review Period Ends: 04/25/
2011, Contact: Mallaecia Sutton 301-415-0673.

    Dated: March 22, 2011.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2011-7115 Filed 3-24-11; 8:45 am]
BILLING CODE 6560-50-P
EXHIBIT 21


                           SUBSIDIARIES OF THE REGISTRANT


 Heilig-Meyers Furniture Company, incorporated under the laws of North Carolina;

 HMPR, Inc., incorporated under the laws of Puerto Rico;

 HMY - RoomStore, Inc., incorporated under the laws of Virginia;

 MacSaver Financial Services, Inc., incorporated under the laws of Delaware;

 MacSaver Funding Corporation, Inc., incorporated under the laws of Delaware;

 MacSaver Insurance Services, Ltd., incorporated under the laws of Bermuda;

 Mattress Discounters Corporation, incorporated under the laws of Delaware;

 Rhodes, Inc., incorporated under the laws of Georgia; and



                                       92
<PAGE>
----

            COMMISSION REGULATION (EC) No 595/2005

of 15 April 2005         

fixing the import duties in the cereals sector applicable from 16 April 2005         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.

Article 2

This Regulation shall enter into force on 16 April 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

----

ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 16 April 2005

----

(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

----

ANNEX II

Factors for calculating duties

period from 1.4.2005-14.4.2005         

1.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

2.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:
Freight/cost: Gulf of Mexico–Rotterdam: 33,60 EUR/t; Great Lakes–Rotterdam: 45,15 EUR/t.

3.   

----

(*1)  A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

----
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## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1114 KA 11-01951 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER

DAVID H. WILLIAMS, DEFENDANT-APPELLANT.

LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, THE ABBATOY LAW FIRM, PLLC, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Ontario County Court (Thomas M. Van Strydonck, J.), rendered July 27, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, criminally using drug paraphernalia in the second degree (two counts) and unlawful possession of marihuana.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Entered: November 8, 2013 Frances E. Cafarell Clerk of the Court
----

            COMMISSION DECISION         

of 14 February 2005         

granting Italy a partial derogation on the submission of data on the landings of fishery products in Member States

(notified under document number C(2005) 322)

(Only the Italian text is authentic)

(2005/128/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1382/91 of 21 May 1991 on the submission of data on the landings of fishery products in Member States (1), and in particular Article 5(4) and (5) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Italy is authorised to employ sampling techniques to estimate more than the 10 % maximum by weight of fishery products landed in the reference month foreseen in Article 1 of Regulation (EEC) No 1382/91.

Article 2

This authorisation shall end on 31 December 2006.

Article 3

This Decision is addressed to the Italian Republic.

Done at Brussels, 14 February 2005.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

----

(1)OJ L 133, 28.5.1991, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 179, 7.8.1972, p. 1.

----
EXHIBIT 99.2

                            HARVEY ELECTRONICS, INC.
      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 Annual Report of Harvey Electronics, Inc. (the "Company")
on Form 10-K for the period ending October 26, 2002 as filed with the Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Joseph  J.
Calabrese,  Executive Vice President & Chief  Financial  Officer of the Company,
certify,  pursuant to U.S.C.  ss.  1350,  as adopted  pursuant to ss. 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 of the Company as of October 26, 2002 and
     results of operations of the Company for the year ended October 26, 2002.





                                             /s/ Joseph J. Calabrese
                                             -----------------------
                                             Joseph J. Calabrese
                                             Executive Vice President &
                                             Chief Financial Officer
                                             January 24, 2003
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 73400 / October 21, 2014

ADMINISTRATIVE PROCEEDING 

File No. 3-16014

____________________________________

 :

In the Matter of :

 :

KEITH MACDONALD SUMMERS, : EXTENSION ORDER

:

Respondent. :

____________________________________:

The Division of Enforcement (“Division”) has requested an extension of time until 

January 20, 2015 to submit a Proposed Plan of Distribution under Rule 1101(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans, 17 CFR 201.1101(a).

On August 13, 2014, the Commission issued an Order Instituting Administrative and 

Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Section 

21C of the Securities Exchange Act of 1934, Sections 203(f) and 203(k) of the Investment 

Advisers Act of 1940, and Section 9(b) of the Investment Company Act of 1940, Making 

Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (“Order”) against 

Keith MacDonald Summers (“Summers” or “Respondent”).1

 The Order required Respondent 

to pay disgorgement of $4,117,658.15 to the Commission. Pursuant to the Order, the 

disgorgement obligation was deemed satisfied by the transfer of monies in accounts at UBS 

Financial Services, Inc. and Bank of America to the Commission and by the restitution orders 

in the parallel criminal proceeding, R v. Summers, Information No. 12000143. Payments 

totaling approximately $1,397,583.92 were made to the Commission on or about August 20, 

2014. 

 1 Securities Act Rel. No. 9630 (Aug. 13, 2014).
2

In its request for an extension of time, the Division states that it needs additional time 

to develop the distribution plan. 

Accordingly, for good cause shown, IT IS HEREBY ORDERED that the Division’s 

request for an extension of time until January 20, 2015 to submit a Proposed Plan of 

Distribution is granted.

For the Commission, by its Secretary, pursuant to delegated authority. 

Brent J. Fields

Secretary
§ 633.205 Prefinancing. ( a ) Under the provisions of subsection 201(h) of the Act, projects located on the Appalachian Development Highway System including preliminary engineering, right-of-way, and/or construction may be programed and advanced with interim State financing.
( b ) Program approvals, plans, specifications, and estimates (PS&E) approval, authorizations to proceed, concurrence in award of contracts, and all other notifications to the State of advancement of a project shall include the statement, “There is no commitment or obligation on the part of the United States to provide funds for this highway improvement. However, this project is eligible for Federal reimbursement when sufficient funds are available from the amounts allocated by the Appalachian Regional Commission.”