alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered November 6, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00261-CR

No. 05-13-00262-CR

No. 05-13-00263-CR

No. 05-13-00264-CR

MARQUIS OBRIAN WHITE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F12-56960-U, F13-57100-U, F12-71366-U, F13-71367-U

ORDER

The Court REINSTATES the appeals.

On August 26, 2013, we ordered the trial court to make findings regarding why 

appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to 

pursue the appeals; (2) appellant is indigent and represented by court-appointed counsel J. Daniel 

Oliphant; and (3) Mr. Oliphant’s explanation for the delay in filing appellant’s brief is his 

workload.

We note that appellant’s brief was originally due July 19, 2013 and the appeal has been 

abated for more than two months awaiting findings on why appellant’s brief has not been filed. 
Accordingly, we DO NOT ADOPT the finding that appellant requires an additional seventy

days from October 29, 2013 to file appellant’s brief.

We ORDER appellant to file his brief by DECEMBER 13, 2013. No further extensions 

will be granted. If appellant’s brief is not filed by the date specified, the Court will order J. 

Daniel Oliphant removed as appellant’s attorney and will order the trial court to appoint new 

counsel to represent appellant in this case.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the 

Honorable Jennifer Balido, Presiding Judge, 291st Judicial District Court; to J. Daniel Oliphant; 

and to the Dallas County District Attorney’s Office.

/s/ DAVID EVANS 

JUSTICE
April 5, 2012



### JUDGMENT



## The Fourteenth Court of Appeals

LEE JOSEPH , Appellant

NO. 14

- 10

- 01003

- CR V.

THE STATE OF TEXAS , Appellee

____________________

This cause was heard on the transcript of the record of the court below. Having

considered the record, this Court holds that there was no error in the judgment. The

Court orders the judgment AFFIRMED , and that this decision be certified below for

observa nce.
C O U R T O F A P P E A LS EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS

J USTI N DAL E EUB ANK, Ap pe lla nt, V. TH E ST AT E O F TE XA S, Appellee
. § § § § § § § No . 0 8- 08 -0 00 99 -C R

Appea l from the 109th District Court of An dr e ws County , T e xas (TC# 4945)

M EM OR

AN DU M OP IN ION J ustin Dale Eubank a

ppeals his conviction for

unauthorized use of a

motor vehicle. Ap p e l l an tw a s s e n t e n c e d

t o 2 ye ar s i mp r i s o n m e n t

i nth e S t a t e J a i l F a c i l i ty. Appellant’s c ourt-appointed c ounsel has filed a brief in whic h counsel ha s conclude d that the appe al is wholly

frivolous and without merit. The br ief mee ts the require ments of Anders v. Cal ifo rn ia , 386 U.S. 738, 87 S.C t. 1396, 18 L .Ed.2d 493, reh. denie d , 3 88 U. S. 9 24 , 8 7 S. Ct. 2094, 18 L .Ed.2d 1377 (1967), by prese nting a

profe ssional evaluation of the rec ord demonstratingwhy , in effe ct there are no arguable g rounds to be adva nced. Se e Hi

gh v . S tate , 57 3 S. W.2 d 8 07 (T e x.Cr im. Ap p. 19 78 ); Cur riev . S tate , 516 S.W .2d 684 (Tex.Crim.App. 1974); J ac k so n v . S tate , 4 85 S.W. 2d

55 3 ( Te x.Cr im. Ap p. 19 72 ); Ga ino us v . S tate , 436 S.W .2d 137 (Tex.Crim.App. 1969). A copy of counse l’s brief ha s been de livered to Appe llant, and Appellant has not exercised his rig ht to file a pr o s e brief. We h ave c are fu lly

re vie we d th e re c or d a

nd c ouns e l’ s b ri e f, and

a g re e that th e a

pp e a l is-2-

wh oll y fr ivo lou s and

wi tho ut m e ri t. F ur

the r, we fi nd

no thi ngin t

he re c or d th a t mi g ht a

rgua bly support the appe al. The judg ment is affirme d. We a ff ir m th e jud g me nt o f t

he tr ia l c ourt . Aug ust 19, 2009 DAVI D WEL L I NGTONCHEW, C hief Just ice B e f o r e C h e w , C
. J. , M c C l u r e , a n d R i v e r a , JJ. (Do Not Publish)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited condensed consolidated balance sheets and unaudited condensed
consolidated statements of income found on pages 3, 4 and 5 of the Company's
Form 10-QSB for the year to date, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                         177,147
<SECURITIES>                                     5,250
<RECEIVABLES>                                  235,561
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               417,958
<PP&E>                                         164,206
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,127,032
<CURRENT-LIABILITIES>                          140,396
<BONDS>                                              0
<COMMON>                                           461
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   2,680,876
<TOTAL-LIABILITY-AND-EQUITY>                 5,127,032
<SALES>                                        955,544
<TOTAL-REVENUES>                               975,321
<CGS>                                          495,011
<TOTAL-COSTS>                                  495,011
<OTHER-EXPENSES>                               255,385
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                194,586
<INCOME-TAX>                                    54,409
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   140,177
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                        0

</TABLE>
**EXHIBIT 31.1****CERTIFICATIONS**I, Robert B. Nolen, Jr., certify that: 1. I have reviewed this quarterly report on Form 10-QSB of Pinnacle Bancshares,Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the small business issueras of, and for, the periods presented in this report;  4. The small business issuer’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the small business issuer,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;  b) Evaluated the effectiveness of the small business issuer’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the small businessissuer’s internal control over financial reporting that occurred during thesmall business issuer’s most recent fiscal quarter (the small business issuer’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and 5. The small business issuer’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financial reporting, tothe small business issuer’s auditors and the audit committee of the small businessissuer’s board of directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the small business issuer’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the small business issuer’sinternal control over financial reporting.Date: August 14, 2007                                                                       BY:   /s/ Robert B. Nolen, Jr.   Robert B. Nolen, Jr.   Chief Executive Officer and
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

In the interest of A.D., I.D., and * From the 326th District Court

A.D., children of Taylor County,

Trial Court No. 9820-CX.

No. 11-23-00202-CV * January 11, 2024

* Memorandum Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is no 

error in the order below. Therefore, in accordance with this court’s opinion, the 

order of the trial court is in all things affirmed.
Department of Energy

Washington, DC 20585

January 12, 1998

DISTRIBUTION TRANSFORMERS TEST PROCEDURE

NOTICE OF PUBLIC WORKSHOP

The Department is convening a public workshop on test procedures for distribution transformers. The

Department seeks to gather information and/or data on certain unresolved issues being considered by

the Department in its development of a proposed rule to amend the test procedures for distribution

transformers. The workshop will be held at the U.S. Department of Energy, 1000 Independence Ave,

SW., Washington, DC 20585, in Room 1E-245, on February 10, 1998, from 9:00 a.m. to 5:00 p.m.

The Department has prepared a paper entitled "Issues Paper for the Distribution Transformers Test

Procedures Workshop on February 10, 1998" (enclosure 1). For many of the issues, the paper sets

forth approaches that the Department is considering and may propose in the notice of proposed

rulemaking (NOPR). In addition, the National Institute of Standards and Technology (NIST) has

prepared a draft set of test procedures for transformers (enclosure 2), and the Department is

considering these as well in preparing the NOPR. A draft agenda is also provided (enclosure 3).

The Department is particularly interested in receiving at the workshop comments and views of

interested parties concerning (1) the above-listed issues, (2) the approaches the Department is

considering for addressing these issues, (3) the KIST draft of test procedures, and (4) possible

alternatives to the approaches the Department is considering and to the provisions in NIST's draft test

procedures. The Department encourages participants to make presentations that address the issue

paper and the NIST draft. Workshop participants need not limit their statements to those topics,

however. The Department is interested in receiving views concerning other issues that participants

believe would affect the content of distribution transformer test procedures.

If there are additional topics and issues you would like to discuss at the workshop or if you have

additional data and information, please send them to U.S. Department of Energy, Office of

Energy Efficiency and Renewable Energy; EE-43, Room I J-018, Docket No. EE-DET-97-550,

1000 Independence Avenue, SW., Washington, DC. 20585-0121. If you have any questions, please

call Ms. Kathi Epping at (202) 586-7425. If you plan to attend the workshop, please contact

Ms. Brenda Edwards-Jones at (202) 586-2945.

le

Cabe, Director

Office of Codes and Standards

Building Technology, State and

Community Programs

Energy Efficiency and Renewable Energy

- Enclosures

Printed with soy ink on recycled paper

EE-TP-98-550 COMMENT 01A
Exhibit32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

William H. Joyce, Chairman and ChiefExecutive Officer of Nalco Holding Company(‘‘Nalco’’) and Bradley J. Bell, Executive VicePresident and Chief Financial Officer of Nalco, in conjunction with thefiling of Nalco’s 10-K financial report (the‘‘Report’’) with the Securities and ExchangeCommission, covering the period ending December 31, 2006, herebycertify, pursuant to 18 U. S. C. §1350, as adopted pursuant to§906 of the Sarbanes-Oxley Act of 2002, asfollows:

|          |                                                                                                                     |
|----------|---------------------------------------------------------------------------------------------------------------------|
| a.  | The Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934, and |

|          |                                                                                                                                    |
|----------|------------------------------------------------------------------------------------------------------------------------------------|
| b.  | The informationin the Report fairly presents, in all material respects, the financialcondition and results of operations of Nalco. |

|  | /S/William H.Joyce                                            William H. Joyce Chairman and Chief Executive Officer Date:March 1, 2007 |
|--|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | /S/ Bradley J.Bell                                                Bradley J. Bell Executive Vice President and Chief FinancialOfficer Date: March 1, 2007 |
|--|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

A signed originalof this written statement required by §906 has been provided toNalco Holding Company and will be retained by Nalco Holding Company andfurnished to the Securities and Exchange Commission or its staff uponrequest.

----
### [§10707. Repealed. Pub. L. 103–206, title IV, §420(a), Dec. 20, 1993, 107 Stat. 2438]

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573, related to delivery to district court of money, property, and wages of a deceased seaman.
##### 



Exhibit 10.2
 FIRST AMENDMENT TO AMENDED AND RESTATED
LOAN AND SECURITY AGREEMENT
 Agent Midway Borrower Borrowers Parent MGW MI MSC MHS Surreal U.S. Credit Party U.S. Credit Parties
 Loan Agreement
   Defined Terms
 Amendments to Loan Agreement
  Availability




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##### 



Ratification
 Conditions to Effectiveness
     Miscellaneous
 Warranties and Absence of Defaults
 Expenses
 -2-




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##### 



Governing Law
 Counterparts
 Release.
    -3-




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##### 



MIDWAY HOME ENTERTAINMENT INC.,
a Delaware corporationMIDWAY AMUSEMENT GAMES, LLC, 
a Delaware limited liability companyMIDWAY GAMES INC., 
a Delaware corporationMIDWAY GAMES WEST INC., 
a California corporationMIDWAY INTERACTIVE INC., 
a Delaware corporationMIDWAY SALES COMPANY, LLC, 
a Delaware limited liability companyMIDWAY HOME STUDIOS INC., 
a Delaware corporationSURREAL SOFTWARE INC., 
a Washington corporationMIDWAY STUDIOS  AUSTIN INC.,
a Texas corporationMIDWAY STUDIOS  LOS ANGELES INC., 
a California corporationEach By /s/ Thomas E. Powell 
Title Executive Vice President  Finance, Treasurer
         and Chief Financial Officer




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##### 



WELLS FARGO FOOTHILL, INC.,
a California corporation, as Agent, as UK SecurityTrustee and as a Lender
By /s/ Tiffany Ormon
Title Vice President
§ 23.12 Wording, purpose, and use of approval plate. ( a ) *Approval plate.* ( 1 ) Manufacturers shall attach, stamp, or mold an approval plate on each permissible device. The plate shall bear the emblem of the Mine Safety and Health Administration and be inscribed as follows: Permissible Telephone (or Permissible Signaling Device) Approval No.______Issued to the Company.
( 2 ) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA.
( b ) *Purpose.* The approval plate is a label that identifies the device so that anyone can tell at a glance whether or not it is of the permissible type. By the plate, the manufacturer can point out that his device complies with MSHA's requirements and that it has been approved for use in gassy or dusty mines.
( c ) *Use.* Permission to place MSHA's approval plate on his device obligates the manufacturer to maintain the quality of his product and to see that each device is constructed according to the drawings that have been accepted by MSHA and are in MSHA's files. Devices exhibiting changes in design that have not been authorized are not permissible and must not bear MSHA's approval plate.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 43 FR 12315, Mar. 24, 1978]
<PAGE>   1

                                                                   EXHIBIT 11.3
                                        
                          MEDICAL MANAGER CORPORATION
                                   PRO FORMA
                      BASIC AND DILUTED EARNINGS PER SHARE
                  FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1997
                     (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                                                         PRO FORMA
                                                                                        NINE MONTHS
                                                                                           ENDED
                                                                                    SEPTEMBER 30, 1997
                                                                                    ------------------

<S>                                                                                 <C>                                 
Net Income                                                                                     $ 7,296
                                                                                    ==================
BASIC EARNINGS PER SHARE:
------------------------------------------------

Weighted average common shares outstanding                                                      19,734
                                                                                    ==================

Basic earnings per share                                                                       $  0.37
                                                                                    ==================

DILUTED EARNINGS PER SHARE:
------------------------------------------------

Weighted average common shares outstanding                                                      19,734
Common equivalent shares:
           Stock awards                                                                              1
           Stock options                                                                           306
                                                                                    ------------------
Diluted shares                                                                                  20,041
                                                                                    ==================

Diluted earnings per share                                                                     $  0.36
                                                                                    ==================
</TABLE>
#### In the Matter of Aliya Cheray Love L., a Child Alleged to be Permanently Neglected. Ayeshia Violet L., Also Known as Aveshia V., Appellant; Lutheran Social Services of Metropolitan New York, Respondent.

[834 NYS2d 145]

*365Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about February 7, 2006, which, upon a fact-finding determination of permanent neglect after a hearing, terminated respondent mother’s parental rights to the subject child and committed the child’s guardianship and custody to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Respondent mother did not request a suspended judgment in Family Court *(see Matter of Latoya P.,*308 AD2d 402 [2003]), and, in any event, such a suspension would be unwarranted. A preponderance of the evidence *(see Matter of Albert E.,*259 AD2d 315 [1999]) established that termination of the mother’s parental rights was in the child’s best interests based on a record of sporadic attempts at visitation *(see Matter of Julius P.,*63 NY2d 477, 482 [1984]), belligerent and erratic behavior during such visits, as well as her failure to undergo a mental health evaluation, or to attend counseling services, anger management counseling or parenting skills training since the child was placed in the agency’s custody. The evidence further established that the child’s best interests dictated she be freed for adoption by her foster parent of four years, in whose loving custody she has been since the age of four months *(see Matter of Albert E.,*259 AD2d 315 [1999]). Concur—Mazzarelli, J.P., Sullivan, Sweeny, Malone and Kavanagh, JJ.
Exhibit 10.21

ACCELLENT INC.  MEDICAL DEVICE MANUFACTURING, INC.  SUMMARY OF  DIRECTOR COMENSATION ARRANGMENTS

Pursuant to the Amended and Restated Shareholders' Agreement dated June 30, 2004 entered into between Accellent Inc. ("Accellent") and certain of
its shareholders, the Board of Directors of Medical Device Manufacturing, Inc. (the "Company") is comprised of the same members as the Accellent Board of Directors. Directors who are employees
of Accellent or its subsidiaries, including the Company, receive no additional cash or equity compensation for service on the Boards of Directors of Accellent or the Company. All Directors are
reimbursed for reasonable out-of-pocket expenses related to attendance at Boards of Director and Boards of Director committee meetings. H. Stephen Cookston and T. Quinn
Spitzer, Jr. each receive annual cash compensation of $30,000 for their service as directors of Accellent and the Company.

Directors
do not receive additional cash or equity compensation for service on committees of Accellent's or the Company's Board of Directors.

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