alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted in Part and Order filed December 15 , 2020

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 18

- 00721

- CV

PAMELA G. KOSTAS , Appellant

V.

CYNTHIA KOSTAS ; GEORGIA G. KOSTAS A/K/A GEORGIA G. NICHOLAS ; LEGACY TRUST COMPANY, N. A ; and A NN KOSTAS DAVIS ; Appell ee s

On Appeal from Probate Court No 2 Harris County, Texas Trial Court Cause No. 454096

O RDER This is an appeal from a judgment signed July 18 , 2018

. On October 15, 2020, appellant Pamela G. Kost a s filed a mot i on to dism iss which we construe as a motion for partial dispos ition. Rule 42.1(b) allows for a partial disposition as2

follows: “ A severable portion of the proceeding may be disposed of under (a) if it will not prejudice the re maining par ties. ” See Tex. R. App. P. 42.1 (b)

. In

acc ordance w ith a ppellant Pamela G. Kost a s ’ s m otio n to d ismiss, we di smiss (1) the part of this appeal in wh ich Pamela G. Kost a s appeals from the trial court ’ s denial of the application for a ppointmen t of George and Stephanie Davis as personal representatives of t he Estate of George J. Kostas, Deceased ; and (2) the part of this appeal in wh ich Pamela G. Kost a s appeals from the trial court ’ s appointment of Legacy Trust Company, N.A., to serve as Administrator with Will
Annexed for the Estate. To this extent , we gra nt Pamela G. Kost a s ’ s m otio n to
d ismiss

. The re st of the appeal remains pending before this court

.

PER CURIAM

Panel c onsists of Chie f Justice Frost and Justices Jewell and Spain

.
EXHIBIT 32.2





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 CarePayment Technologies, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof, I, Patricia J. Brown, Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1.
The report fully complies with the 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.





Date: April 15, 2011/s/ Patricia J. BrownPatricia J. Brown


Chief Financial Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose GARCIA-HERRERA, Defendant-Appellant.

No. 05-41058.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Michael L. Herman, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Jose Garcia-Herrera appeals his sentence for illegal reentry into the United States after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b). Although the Government seeks to dismiss GareiaHerrera’s appeal as barred by the appellate waiver provision in his plea agreement, we need not decide whether the waiver precludes consideration of the instant appeal as Garcia-Herrera’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Garcia-Herrera contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Garcia-Herrera properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review. His sentence is affirmed.

AFFIRMED.

*

 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.
### **Subchapter C—Heavy Trucks and Trailers**

Sec.
4051.
Imposition of tax on heavy trucks and trailers sold at retail.
4052.
Definitions and special rules.
4053.
Exemptions.

#### **Editorial Notes**

#### Amendments

**1990**—Pub. L. 101–508, title XI, §11221(a), Nov. 5, 1990, 104 Stat. 1388–438, redesignated this subchapter, formerly subchapter B, as subchapter C.
### §319. Rights-of-way for telephone and telegraph lines

The Secretary of the Interior is authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this section: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities.

(Mar. 3, 1901, ch. 832, §3, 31 Stat. 1083.)

#### **Editorial Notes**

#### Codification

The "former Indian Territory", referred to in text, was in the original "Indian Territory", and has been designated as former Indian Territory by virtue of the admission of such former Territory and the Territory of Oklahoma to the Union as the State of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267.

Section is comprised of the first par. of section 3 of act Mar. 3, 1901. The second par. of such section 3 is classified to section 357 of this title.
[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58443-58444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22054]


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

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

    Previously Announced Date and Time: Tuesday, October 5, 2004. 
Meeting closed to the public.
    This meeting was cancelled.
* * * * *

Date and Time: Thursday, October 7, 2004 at 10 a.m.

Place: 999 E Street NW., Washington, DC (Ninth Floor).

Status: This meeting will be open to the public.

Items to be Discussed: 
    Correction and Approval of Minutes.
    Advisory Opinion 2004-36: Mark Risley/Mark Risley for Congress.
    Routine Administrative Matters.

[[Page 58444]]


Person To Contact for Information: Mr. Robert Biersack, Acting Press 
Officer, Telephone: (202) 694-1220.

Mary W. Dove,
Secretary of the Commission.
[FR Doc. 04-22054 Filed 9-28-04; 11:04 am]
BILLING CODE 6715-01-M
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40377 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
JOSE DE JESUS SANDOVAL , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14

- CR

- 708

- 1

Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jose De Jesus Sandoval has moved
for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Sandoval h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 17, 2016 Lyle W. Cayce Clerk Case: 15-40377 Document: 00513383913 Page: 1 Date Filed: 02/17/2016No. 15

- 40377

2 appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-40377 Document: 00513383913 Page: 2 Date Filed: 02/17/2016
#### Mildred Owens, Plaintiff-Appellant, *v.*Harold McTeer, Defendant-Appellee.

(No. 70-50;

Fifth District —

July 24, 1973.

Goldenhersh and Goldenhersh, of East St. Louis, (Michael A. Katz, of counsel,) for appellant.

Oehmke, Dunham, Boman & Leskera, of East St. Louis, (Robert D. Francis, of counsel,) for appellee.

Mr. PRESIDING JUSTICE EBERSPACHER

delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Madison County, wherein a complaint filed by plaintiff, Mildred Owens, the *127owner and operator of a liquor store, sought as a result of a suit filed under the Dram Shop Act (Ill. Rev. Stat. (1967), ch. 43, par. 135), to recover indemnity against defendant, Harold McTeer, was dismissed.

The only issue is whether one who is sued under the Illinois Dram Shop Act may bring an action for indemnity against an alleged intoxicated person for the acts of the aUeged intoxicated person which result in a suit against' the alleged tavern or liquor store owner.

The issue has been resolved by our Supreme Court in *Wessel v. Carmi Elks Home, Inc.,*54 Ill.2d 127, 295 N.E.2d 718, in which it was held that as a matter of law those who may incur liability under section 14 of article IV of the Liquor Control Act (Ill. Rev. Stat. (1971), ch. 43, par. 135) may not seek indemnity from one, who being in an intoxicated condition, committed a tortious act which gives rise to the dram shop action.

We therefore affirm.

G. MORAN and JONES, JJ., concur.
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

31

DAY ELEV

 507.61

 506.56

 505.88

 505.60

 506.57

 507.06

 506.75

 506.49

 506.99

 506.19

 506.11

 506.59

 507.79

 507.29

 507.29

 507.37

 507.73

 507.17

 507.09

 507.73

 505.18

 504.07

 507.07

 507.89

 508.48

 509.13

 508.88

 508.81

 507.70

 508.59

 508.62

 64,016

 62,752

 61,942

 61,613

 62,764

 63,350

 62,979

 62,668

 63,265

 62,310

 62,214

 62,787

 64,234

 63,628

 63,628

 63,725

 64,162

 63,483

 63,386

 64,162

 61,119

 59,831

 63,362

 64,356

 65,080

 65,882

 65,572

 65,486

 64,125

 65,215

 65,252

STORAGE

+400

-1,264

-810

-329

+1,151

+586

-371

-311

+597

-955

-96

+573

+1,447

-606

+0

+97

+437

-679

-97

+776

-3,043

-1,288

+3,531

+994

+724

+802

-310

-86

-1,361

+1,090

+37

CHANGE

2,090

1,239

1,441

1,737

2,593

2,344

1,943

1,999

2,437

1,715

2,200

2,527

2,943

1,924

2,297

2,362

2,710

2,380

2,759

3,259

1,096

1,603

3,904

2,563

2,327

2,285

1,704

1,888

1,092

2,267

1,722

INFLOW

 1,860

 1,866

 1,841

 1,845

 1,876

 1,877

 1,881

 1,879

 1,880

 1,879

 1,874

 1,876

 1,882

 1,885

 1,902

 1,899

 1,900

 1,897

 1,895

 1,897

 1,896

 1,866

 1,877

 1,886

 1,893

 1,861

 1,852

 1,902

 1,753

 1,705

 1,692

POWER

 0

 0

 0

 0

 0

 68

 160

 191

 191

 256

 286

 287

 291

 294

 295

 292

 488

 706

 766

 841

 463

 107

 132

 97

 49

 0

 0

 0

 0

 0

 0

SPILL

 18

 0

 0

 47

 126

 95

 80

 75

 54

 50

 77

 65

 29

 37

 88

 112

 87

 104

 131

 115

 254

 266

 97

 79

 20

 10

 0

 29

 15

 0

 0

OUTLET

 10

 10

 8

 11

 11

 9

 9

 11

 11

 11

 11

 10

 11

 14

 12

 10

 15

 15

 16

 15

 17

 13

 18

 0

 0

 10

 8

 0

 10

 12

 11

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MAY 2008 TULLOCH RESERVOIR DAILY OPERATIONS RUN DATE: 08/08/2008

RES.

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +1,636 67,350 57,774 6,260 2,160 329

ACRE-FEET +1,636 133,589 114,595 12,417 4,284 653

SUMMARY

RELEASE (ACRE-FEET)

POWER 114,595

SPILL 12,417 131,296

 63,616

OUTLET 4,284

TOTAL 

NEW

MELONES

RELEASE (1)

 2,071

 1,253

 1,453

 1,735

 2,581

 2,349

 1,918

 2,007

 2,397

 1,727

 2,216

 2,514

 2,923

 1,918

 2,243

 2,306

 2,718

 2,436

 2,804

 3,294

 1,104

 1,568

 3,715

 2,585

 2,415

 2,270

 1,704

 1,862

 1,105

 2,239

 1,706

 67,136

 133,164

*COMPUTED INFLOW IS SUM OF CHANGE IN STORAGE, RELEASES, AND EVAPORATION.
### §587. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 92–206, §7, Dec. 18, 1971, 85 Stat. 738, which related to distribution of funds to members of the Shoshone-Bannock Tribes of the Fort Hall Reservation, was omitted from the Code as being of special and not general application.
§ 3192.3 What must a Tribe or State include in its application for a cooperative agreement? ( a ) To apply for a cooperative agreement you must complete— ( 1 ) Standard Form 424, Application for Federal Assistance;
( 2 ) Standard Form 424A, Budget Information—Non-Construction Programs; and
( 3 ) Standard Form 424B, Assurances—Non-Construction Programs.
( b ) You must describe the type and extent of oil and gas inspection, enforcement, and investigative activities proposed under the agreement and the period of time the proposed agreement will be in effect (See section 11 of Standard Form 424).
( c ) You may include allotted lands under an agreement with the written consent of all allottees or their heirs. BLM will ask the Bureau of Indian Affairs (BIA) to verify that the Tribe or State has obtained all of the necessary signatures to commit 100 percent of each individual tract of allotted lands to the agreement.
EXHIBIT 32.

                Certifications Pursuant to U. S. C. Section 1350

         The  undersigned,  who are the chief  executive  officer  and the chief
financial officer of Community Bankshares,  Inc., each hereby certifies that, to
the best of his  knowledge,  the  accompanying  Form  10-Q of the  issuer  fully
complies  with the  requirements  of Sections  13(a) or 15(d) of the  Securities
Exchange  Act of 1934,  and that  information  contained  in the  report  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the issuer.

August 10, 2006


/s/ Samuel L. Erwin
----------------------------------------
Samuel L. Erwin
Chief Executive Officer


/s/ William W. Traynham
----------------------------------------
William W. Traynham
President and Chief Financial Officer
EXHIBIT 32.2

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of LitFunding Corp. (the "Company") on Form 10-KSB for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Terry Gabby, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | (1) | The Report fully complies with the 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/ Terry Gabby                                   |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Terry Gabby                                                                                                                                                                                                                 |  
 

Chief Financial Officer

 
 

May 19, 2006

  |
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

31

DAY HIGH

 244

 273

 268

 258

 249

 239

 269

 292

 275

 279

 283

 244

 246

 247

 255

 266

 269

 261

 264

 284

 271

 263

 259

 263

 255

 258

 265

 278

 266

 266

 269

 224

 222

 217

 208

 214

 208

 206

 215

 218

 221

 224

 226

 230

 236

 236

 230

 230

 228

 226

 226

 225

 230

 237

 233

 237

 240

 248

 249

 252

 241

 241

 235

 247

 247

 244

 238

 230

 230

 240

 237

 240

 239

 237

 240

 243

 250

 253

 250

 245

 244

 243

 241

 247

 247

 249

 248

 252

 255

 262

 260

 259

 256

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

AUGUST 2006 WATER QUALITY REPORT RUN DATE: September 11, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
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### Test wells, Gubik area, Alaska, with micropaleontologic 
study of the Gublik test wells, northern Alaska

#### Professional Paper 305-C

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#### Links

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#### Abstract

#### Additional publication details

Part or all of this report is presented in Portable 
Document Format (PDF). For best results viewing and printing PDF documents, it 
is recommended that you download the documents to your computer and open them 
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Accessibility
				    FOIA				    Privacy				    Policies and 
Notices

U.S. Department of the Interior				    | 				    
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Survey				    				   URL: http://pubs.er.usgs.gov/publication/pp305C 
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Warehouse Contact Page				    				   Page Last Modified: February 02, 
2012 00:10:14
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

DAY HIGH

 1,007

 1,002

 994

 1,000

 1,004

 1,004

 954

 962

 982

 988

 998

 998

 989

 934

 978

 983

 952

 944

 955

 919

 926

 912

 949

 971

 939

 951

 953

 975

 973

 950

 957

 967

 954

 938

 926

 918

 947

 944

 960

 955

 918

 907

 928

 945

 912

 911

 911

 889

 895

 881

 903

 929

 891

 894

 911

 930

 989

 979

 973

 987

 981

 973

 943

 937

 959

 963

 977

 976

 964

 924

 953

 957

 929

 932

 933

 908

 912

 900

 927

 953

 912

 922

 930

 948

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

FEBRUARY 2003 WATER QUALITY REPORT RUN DATE: March 4, 2003

ELECTRICAL CONDUCTIVITY, UMHOS 

30 DAY

ACCUM

MEAN

30 DAY

AVG 

MEAN

 28,917

 29,068

 29,196

 29,318

 29,390

 29,408

 29,333

 29,225

 29,124

 29,056

 29,022

 29,051

 29,155

 29,257

 29,323

 29,344

 29,330

 29,288

 29,234

 29,132

 29,000

 28,872

 28,769

 28,683

 28,557

 28,432

 28,339

 28,392

 964

 969

 973

 977

 980

 980

 978

 974

 971

 969

 967

 968

 972

 975

 977

 978

 978

 976

 974

 971

 967

 962

 959

 956

 952

 948

 945

 946

Comments:

0 reading indicates that the station was out of service.

30 DAY ACCUM MEAN and 30 DAY AVG MEAN columns are 30 day runnings, except for April 1 and September 1, 

 where they do not go back 30 days.

VERNALIS ON THE SAN JOAQUIN RIVER