alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 18 - 00182 - CV CENTRAL TEXAS CATTLE MEN ’ S ASSOCIATION, APPEL LANT V. KENNETH L. HAEDGE, D ALE C. TIPPIT, DENVE R TIPPIT, CASE S. JONES, AND C LINTON H. SHED, APPE LLEE S

On Appeal from the 52nd District Court Coryell County, Texas Trial Court No. DC - 15 - 43362, Honorable Trent D. Farrell, Presiding



### July 12 , 2018 ORDER OF ABATEMENT Before QUINN, C.J., and PIRTLE and PARKER , JJ. Appellant, Central Texas Cattlemen’s Association, has filed an unopposed motion to abate this cause to enable the trial court to modify its “Order on Plaintiffs’ Motion for Release of Bond and on Defendant’s Motion for Calculation of Judgment” that was mad e expressly subject to a determination of whether any unpaid assessments owed by Clinton H. Shed are proven and are to be satisfied out of the supersedeas bond. Because this order does not dispose of all pending issues and parties, we directed CTCA to sho w why2

this Court has jurisdiction over this appeal. In its motion to abate, CTCA contends that the trial court scheduled a telephonic hearing on the matter for July 2, 2018. In accordance with Texas Rule of Appellate Procedure 27.2, we grant CTCA’s motion and abate this appeal and remand to the trial court to “allow [the] appealed order that is not final to be modified so as to be made final . . . .” Should the trial court modify its order in a manner intended to make it final, we direct it to cause the m odified order and all related proceedings to be included in a supplemental record and filed with this Court on or before August 13 , 2018. See T EX . R. A PP . P . 27.2. However, if the trial court does not intend that its order be final, we direct it to enter findings of fact and conclusions of law reflecting its intent that the order not be final and cause the same to be included in a supplemental record that shall be filed with this Court on or before August 13 , 2018. Per Curiam
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 881.40

 881.62

 881.49

 881.96

 882.25

 882.17

 882.23

 882.37

 882.81

 883.35

 883.67

 884.01

 884.66

 885.16

 885.66

 886.17

 886.46

 886.70

 886.38

 886.02

 885.33

 885.10

 884.86

 884.85

 884.42

 883.82

 883.30

 882.47

 882.06

 882.01

 618.9

 620.1

 619.4

 621.9

 623.4

 623.0

 623.3

 624.1

 626.4

 629.3

 631.1

 632.9

 636.4

 639.1

 641.8

 644.6

 646.2

 647.5

 645.8

 643.8

 640.1

 638.8

 637.5

 637.4

 635.1

 631.9

 629.1

 624.6

 622.4

 622.1

STORAGE

+1.5

+1.2

-0.7

+2.5

+1.6

-0.4

+0.3

+0.8

+2.4

+2.9

+1.7

+1.8

+3.5

+2.7

+2.7

+2.8

+1.6

+1.3

-1.8

-2.0

-3.8

-1.3

-1.3

-0.1

-2.3

-3.2

-2.8

-4.5

-2.2

-0.3

CHANGE

1,858

1,796

1,893

2,134

2,063

1,917

1,820

2,444

2,806

2,652

2,378

2,201

1,975

2,318

2,186

1,905

1,796

1,918

2,000

2,202

2,031

2,414

2,220

2,025

2,093

2,135

2,049

1,746

1,801

1,831

INFLOW

 1,051

 1,179

 2,202

 836

 1,244

 2,097

 1,620

 2,035

 1,591

 1,181

 1,499

 1,253

 172

 948

 751

 456

 961

 1,205

 2,841

 3,152

 3,887

 2,994

 2,865

 2,014

 3,234

 3,738

 3,431

 3,974

 2,876

 1,924

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 28

 26

 40

 35

 36

 36

 38

 31

 26

 7

 10

 24

 28

 2

 62

 46

 34

 51

 42

 44

 39

 51

 12

 39

 33

 33

 31

 19

 33

 42

C.F.S.

 .16

 .15

 .23

 .20

 .21

 .21

 .22

 .18

 .15

 .04

 .06

 .14

 .16

 .01

 .35

 .26

 .19

 .29

 .24

 .25

 .22

 .29

 .07

 .22

 .19

 .19

 .18

 .11

 .19

 .24

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 1.50

 .58

 .00

 .00

 .00

 .04

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .47

 .00

 .00

 .00

 .00

 .35

 .00

 .05

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2016 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: May 3, 2016

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS +4.6 62,607 59,211 0 0 978 5.60 2.99

ACRE-FEET +4,600 124,181 117,445 0 0 1,940

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

POWER 117,445

SPILL 0

OUTLET

TOTAL

 0

 117,445

PRECIPITATION

THIS MONTH =

TO DATE =

 2.99

JULY 1, 2015 30.76

 617.3

Table 13
###### Editorial Note on Part 46

#### Editorial Note:

Nomenclature changes to part 46 appear by T.D. ATF-457, 66 FR 32220, 32221, June 14, 2001.

#### § 46.271 Entry, examination and testimony.

Appropriate TTB officers, in performing official duties, may enter any premises to examine articles subject to floor stocks tax. They may enter the premises during the day or may also enter at night if the premises are open. Appropriate TTB officers may audit and examine all articles, inventory records, books, papers, or other resource data for the purpose of ascertaining, determining, or collecting floor stocks tax. They may take testimony, under oath, of any person when inquiring as to proper payment of floor stocks taxes.
Exhibit 23.1
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTS
   Phoenix, Arizona June 24, 2011 -15-
### §4418. Indian preference

#### (a) In general

Notwithstanding any other provision of Federal or State law, the Institute is authorized to develop a policy or policies for the Institute to extend preference to Indians in—

(1) admissions to, and enrollment in, programs conducted by the Institute,

(2) employment by the Institute, and

(3) contracts, fellowships, and grants awarded by the Institute.

#### (b) Hiring preference

In carrying out section 4416(b)(1) of this title, the President of the Institute shall, to the maximum extent practicable, give preference in hiring to Indians.

(Pub. L. 99–498, title XV, §1511, Oct. 17, 1986, 100 Stat. 1607; Pub. L. 102–325, title XIII, §1331(e), July 23, 1992, 106 Stat. 807.)

#### **Editorial Notes**

#### Amendments

1992—Subsec. (a). Pub. L. 102–325 inserted "develop a policy or policies for the Institute to" after "is authorized to".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.
<PAGE>
                                                                    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

      Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Section 1350), the undersigned officer of Healthtrac Inc. (the "Company"), does
hereby certify with respect to the Quarterly Report of the Company on Form 10-K
for the year ended February 28, 2003 as filed with the Securities and Exchange
Commission (the "Report") that to his knowledge:

      (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.


/s/ EDWARD W. SHARPLESS
-------------------------------------
Edward W. Sharpless
President and Chief Executive Officer
June 13, 2003


/s/ TONY Z. DICOSTANZO
-------------------------------------
Tony Z. DiCostanzo
VP, Finance and Operations
June 13, 2003

This certification accompanies this 10-K Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for the
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
###### Editorial Note on Part 41

#### Editorial Note:

Nomenclature changes to part 41 (formerly part 275) appear at T.D. ATF-460, 66 FR 39093, July 27, 2001.

#### § 41.207 [Reserved]
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 28, 2011.

A. Federal Reserve Bank of San Francisco (Kenneth Binning, Vice President, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

                    1.                     *Susan Marie Horton, Cheney, Washington; Raymond Lee Pittman, Jr., Mesa, Arizona; Rosa Maria Pittman, Spokane, Washington; Ted Davis Rhodes, Spokane Valley, Washington; and Wheatland Bank Employee Stock Ownership Plan, Spokane, Washington;*                     together as a group acting in concert to retain voting shares of Community Financial Group, Inc., and thereby indirectly retain voting shares of Wheatland Bank, both of Spokane, Washington.                

                    2.                     *Wheatland Bank Employee Stock Ownership Plan, Spokane, Washington, and its trustees, Susan Marie Horton, Cheney, Washington; Dennis Dale Bly, Davenport, Washington; and Jayne Therese Deife, Marlin, Washington;*                     to retain voting shares of Community Financial Group, Inc., and thereby indirectly retain voting shares of Wheatland Bank, both of Spokane, Washington.                

Board of Governors of the Federal Reserve System, April 8, 2011.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2011-8821 Filed 4-12-11; 8:45 am]

BILLING CODE 6210-01-P
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 2,425

 2,576

 2,759

 2,777

 2,819

 2,732

 2,520

 2,304

 2,121

 2,303

 2,698

 2,914

 2,930

 3,060

 3,094

 3,032

 2,748

 2,814

 2,815

 2,912

 2,991

 2,642

 2,549

 2,722

 2,675

 3,050

 3,080

 3,003

 2,944

 2,862

 1,055

 1,047

 1,095

 1,128

 1,060

 1,067

 1,105

 1,081

 1,081

 1,086

 1,107

 1,075

 1,191

 1,115

 1,210

 1,242

 1,223

 1,274

 1,271

 1,299

 1,348

 1,326

 1,295

 1,263

 1,252

 1,248

 1,203

 1,068

 1,009

 1,093

 1,454

 1,497

 1,600

 1,620

 1,557

 1,539

 1,478

 1,443

 1,414

 1,436

 1,515

 1,555

 1,649

 1,743

 1,855

 1,798

 1,727

 1,743

 1,751

 1,809

 1,820

 1,742

 1,675

 1,662

 1,667

 1,822

 1,797

 1,714

 1,683

 1,587

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2002 WATER QUALITY REPORT RUN DATE: October 9, 2002

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 18,533

 18,595

 18,810

 19,101

 19,326

 19,604

 19,841

 20,097

 20,359

 20,586

 20,741

 20,879

 21,170

 21,500

 21,901

 22,202

 22,329

 22,452

 22,646

 22,916

 23,258

 23,557

 23,818

 24,044

 24,196

 24,463

 24,611

 24,582

 24,410

 24,199

 1,324

 1,328

 1,344

 1,364

 1,380

 1,400

 1,417

 1,436

 1,454

 1,470

 1,482

 1,491

 1,512

 1,536

 1,564

 1,586

 1,595

 1,604

 1,618

 1,637

 1,661

 1,683

 1,701

 1,717

 1,728

 1,747

 1,758

 1,756

 1,744

 1,729

Comments:

0 reading indicates that the station was out of service.

JERSEY POINT TOP ON THE SAN JOAQUIN RIVER
###### Editorial Note on [Part 41](/current/title-27/part-41?toc=1)

#### Editorial Note:

Nomenclature changes to part 41 (formerly part 275) appear at T.D. ATF-460, [66 FR 39093](https://www.federalregister.gov/citation/66-FR-39093), July 27, 2001.

#### § 41.31 Cigar tax rates.

(a) Cigars are taxed at the following rates under [26 U.S.C. 5701(a)](https://www.govinfo.gov/link/uscode/26/5701):

| Type and amount | Tax rate for removals during the following periods: | |
| --- | --- | --- |
| 2002 to March 31, 2009 | April 1, 2009 and after |
| Small cigars per thousand | $1.828 | $50.33 |
| Large cigars\* | | |
| • percentage of sale price | 20.719% | 52.750% |
| • but not to exceed— | $48.75 per thousand | $0.4026 per cigar. |
| | | |
| --- | --- | --- |
| \* For large cigars: Until March 31, 2009, the percentage tax rate applies when the sale price is $235.294 per thousand or less, and the flat tax rate applies when the sale price is more than $235.294 per thousand. On and after April 1, 2009, the percentage tax rate applies when the sale price is $763.222 or less per thousand cigars, and the flat tax rate applies when the sale price is more than $763.222 per thousand cigars. | | |

(b) See [§ 41.39 of this part](/on/2024-08-30/title-27/part-41/section-41.39) for rules concerning determination of sale price of large cigars.

(c) Cigars not exempt from tax under [26 U.S.C. chapter 52](https://www.govinfo.gov/link/uscode/26/5201) and the provisions of this part which are removed but not intended for sale shall be taxed at the same rate as similar cigars removed for sale.

[T.D. ATF-420, [64 FR 71942](https://www.federalregister.gov/citation/64-FR-71942), Dec. 22, 1999. Redesignated and amended by T.D. TTB-16, [69 FR 52424](https://www.federalregister.gov/citation/69-FR-52424), [52425](https://www.federalregister.gov/citation/69-FR-52425), Aug. 26, 2004; T.D. TTB-75, [74 FR 14484](https://www.federalregister.gov/citation/74-FR-14484), Mar. 31, 2009]
Editorial Note on Part 28
Editorial Note: Nomenclature changes to part 28 appear by T.D. ATF-477, 67 FR 18087 through 18090, Apr. 15, 2002.

§ 28.141 General. ( a ) *Beer.* Beer may, subject to this part, be removed from the brewery without payment of tax for: ( 1 ) Export to a foreign country;
( 2 ) Use as supplies on the vessels and aircraft described in § 28.21; or
( 3 ) Transfer to and deposit in a foreign-trade zone for exportation or for storage pending exportation.
( b ) *Beer concentrate.* Concentrate, produced from beer under the provisions of subpart R of part 25 of this chapter may, subject to this part, be removed from the brewery without payment of tax for: ( 1 ) Export to a foreign country; or
( 2 ) Transfer to and deposit in a foreign-trade zone for exportation or for storage pending exportation.
( c ) *Bond.* Except where the brewer is not required to hold a bond under § 25.91(e) of this chapter, all removals of beer or beer concentrate will be made by the brewer under the provisions of the brewer's bond, Form 5130.22 as prescribed in § 28.60.
(Sec. 309, Tariff Act of 1930, 46 Stat. 690, as amended (19 U.S.C. 1309); sec. 3, Act of June 18, 1934, 48 Stat. 999, as amended (19 U.S.C. 81c); sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))
[T.D. ATF-224, 51 FR 7699, Mar. 5, 1986, as amended by T.D. TTB-8, 69 FR 3833, Jan. 27, 2004; T.D. TTB-146, 82 FR 1137, Jan. 4, 2017]
#### § 19.302 Treatment during production.

During production, the proprietor may purify or refine the spirits by using any material that will not remain in the finished product. Juniper berries and other natural aromatics or their extracted oils may be used in the distillation of gin. Spirits may be percolated through or treated with oak chips that have not been treated with any chemical. The proprietor must destroy or so treat any materials used in treatment of spirits, and which do not remain in the spirits, so as to preclude the extraction of potable spirits.

(26 U.S.C. 5201)
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear by T.D. ATF-463, 66 FR 42733, Aug. 15, 2001.

Editorial Note on Subpart C of Part 1
Editorial Note: Nomenclature changes to subpart C of part 1 appear by T.D. ATF-416, 64 FR 49985, Sept. 15, 1999.

§ 1.59 Public information as to applications acted upon. The appropriate TTB officer shall cause to be maintained currently in the appropriate TTB officer's office for public inspection, until the expiration of one year following final action on the application, the following information with respect to each application for basic permit filed: ( a ) The name, including trade name or names, if any, and the address of the applicant; the kind of permit applied for and the location of the business; whether the applicant is an individual, a partnership or a corporation; if a partnership, the name and address of each partner; if a corporation, the name and address of each of the principal officers and of each stockholder owning 10 percent or more of the corporate stock.
( b ) The time and place set for any hearing on the application.
( c ) The final action taken on the application. In the event a hearing is held upon an application for a basic permit, the appropriate TTB officer shall make available for inspection at the appropriate TTB officer's office, upon request therefor: The transcript of the hearing, a copy of the administrative law judge's recommended decision, a copy of the appropriate TTB officer's decision and, in the event of an appeal to the Administrator, the decision on appeal with the reasons given in support thereof.
[T.D. ATF-373, 61 FR 26098, May 24, 1996, as amended by T.D. ATF-416, 64 FR 49985, Sept. 15, 1999]
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear by T.D. ATF-460, 66 FR 39094-39096, July 27, 2001; T.D. ATF-464, 66 FR 43479, Aug. 20, 2001; and T.D. TTB-91, 76 FR 5479, Feb. 1, 2011.

§ 40.371 Liability for special tax. ( a ) *Manufacturer of cigarette papers and tubes.* Every manufacturer of cigarette papers and tubes shall pay a special (occupational) tax at a rate specified by § 40.372 of this part. The tax shall be paid on or before July 1. On commencing business, the tax shall be computed from the first day of the month in which liability is incurred, through the following June 30. Thereafter, the tax shall be computed for the entire year (July 1 through June 30).
( b ) *Each place of business taxable.* A manufacturer of cigarette papers and tubes incurs special tax liability at each place of business in which an occupation subject to special tax is conducted. A place of business means the entire office, plant or area of the business in any one location under the same proprietorship. Passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises are not sufficient separation to require additional special tax, if the divisions of the premises are otherwise contiguous.
( c ) *Payment of tax.* Special tax must be paid by return. The prescribed return is TTB Form 5630.5t, Special Tax Registration and Return—Tobacco. Special tax returns, with payment of tax, must be filed with TTB in accordance with the instructions on the form and the requirements of subpart D of part 46 of this chapter.
(26 U.S.C. 5731, 5733)
[T.D. ATF-384, 61 FR 54085, Oct. 17, 1996, as amended by T.D. TTB-79, 74 FR 37419, July 28, 2009]
* 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. 07-41137

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

HERMINIO BRISENO-LEMUS, also known as Herminio Briseno-Lemos

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:07-CR-604-ALL

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Herminio BrisenoLemus (Briseno) has moved for leave to withdraw and has filed a brief in

accordance with Anders v. California, 386 U.S. 738 (1967). Briseno has not filed

a response. Our independent review of the record and counsel’s brief discloses

no nonfrivolous issue for appeal. 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.

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2008

Charles R. Fulbruge III

Clerk
Editorial Note on Part 20
Editorial Note: Nomenclature changes to part 20 appear by T.D. ATF-235, 66 FR 5473, Jan. 19, 2001, and T.D. ATF-463 and T.D. ATF-462, 66 FR 42733, 42736, Aug. 15, 2001.

§ 20.44 Disapproval of application. The appropriate TTB officer may, in accordance with part 71 of this chapter, disapprove an application for a permit to withdraw and deal or use denatured spirits, if on examination of the application (or inquiry), the appropriate TTB officer has reason to believe that: ( a ) The applicant is not authorized by law and regulations to withdraw and deal in or use specially denatured spirits;
( b ) The applicant (including, in the case of a corporation, any officer, director, or principal stockholder, or, in the case of a partnership, a partner) is, by reason of their business experience, financial standing, or trade connections, not likely to maintain operations in compliance with 26 U.S.C. Chapter 51, or regulations issued under this part;
( c ) The applicant has failed to disclose any material information required, or has made any false statement as to any material fact, in connection with the application; or
( d ) The premises at which the applicant proposes to conduct the business are not adequate to protect the revenue.