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

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00552-CV

Cesar VELEZ,

Appellant

v.

UNIVERSITY OF MISSOURI,

Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-11974

Honorable Solomon Casseb III, Judge Presiding

PER CURIAM

Sitting: Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Delivered and Filed: February 25, 2015

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion. See TEX. R. APP. P.

42.1(a)(1). We order all costs assessed against appellant. See TEX. R. APP. P. 42.1(d) (absent 

agreement of parties, costs are taxed against appellant).

PER CURIAM
#### § 983.258 Continuation of housing assistance payments.

Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation of housing assistance payments at such point will not affect the family's other rights under its lease, nor will such cessation preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within 180 days following the date of the last housing assistance payment by the PHA. After the 180-day period, the unit shall be removed from the HAP contract pursuant to § 983.211.

[79 FR 36169, June 25, 2014]
### §14707. Private enforcement of registration requirement

(a) In General.—If a person provides transportation by motor vehicle or service in clear violation of section 13901–13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates.

(b) Procedure.—A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary.

(c) Attorney's Fees.—In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney's fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 910.)

#### **Editorial Notes**

#### References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

#### Prior Provisions

Provisions similar to those in this section were contained in section 11708 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.1630 Safety-system testing and records. ( a ) *Inspection and testing.* You must inspect and successfully test safety system devices at the interval specified below or more frequently if operating conditions warrant. Testing must be in accordance with API RP 14C, Appendix D (as incorporated by reference in § 250.198). For safety system devices other than those listed in API RP 14C, Appendix D, you must utilize the analysis technique and documentation specified therein for inspection and testing of these components, and the following: ( 1 ) Safety relief valves on the natural gas feed system for power plant operations such as pressure safety valves shall be inspected and tested for operation at least once every 12 months. These valves shall be either bench tested or equipped to permit testing with an external pressure source.
( 2 ) The following safety devices (excluding electronic pressure transmitters and level sensors) must be inspected and tested at least once each calendar month, but at no time may more than 6 weeks elapse between tests: ( i ) All pressure safety high or pressure safety low, and
( ii ) All level safety high and level safety low controls.
( 3 ) The following electronic pressure transmitters and level sensors must be inspected and tested at least once every 3 months, but at no time may more than 120 days elapse between tests: ( i ) All PSH or PSL, and
( ii ) All LSH and LSL controls.
( 4 ) All pumps for firewater systems shall be inspected and operated weekly.
( 5 ) All fire- (flame, heat, or smoke) and gas-detection systems shall be inspected and tested for operation and recalibrated every 3 months provided that testing can be performed in a nondestructive manner.
( 6 ) Prior to the commencement of production, the lessee shall notify the District Manager when the lessee is ready to conduct a preproduction test and inspection of the safety system. The lessee shall also notify the District Manager upon commencement of production in order that a complete inspection may be conducted.
( b ) *Records.* The lessee shall maintain records for a period of 2 years for each safety device installed. These records shall be maintained by the lessee at the lessee's field office nearest the OCS facility or another location conveniently available to the District Manager. These records shall be available for BSEE review. The records shall show the present status and history of each safety device, including dates and details of installation, removal, inspection, testing, repairing, adjustments, and reinstallation.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3339 Engrossed in House (EH)]

109th CONGRESS

  1st Session

                               H. R. 3339

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
   at 2061 South Park Avenue in Buffalo, New York, as the ``James T. 
                     Molloy Post Office Building''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 3339

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
   at 2061 South Park Avenue in Buffalo, New York, as the ``James T. 
                     Molloy Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 2061 
South Park Avenue in Buffalo, New York, shall be known and designated 
as the ``James T. Molloy Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``James T. Molloy Post Office 
Building''.

            Passed the House of Representatives July 26, 2005.

            Attest:

                                                                 Clerk.
```
### §7313. General requirements for members of engine departments

(a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation.

(b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department.

(c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant—

(1) has the service required by section 7314 of this title;

(2) is qualified professionally as demonstrated by an applicable examination; and

(3) is qualified as to sight, hearing, and physical condition to perform the member's duties.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104–324, title VII, §724, Oct. 19, 1996, 110 Stat. 3939.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 7313 | 46:672(g) |

Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the engine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)).

Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department.

Subsection (c) establishes the minimum qualifications individuals must meet in order to have their documents endorsed as a qualified member of engine department.

#### **Editorial Notes**

#### Amendments

1996—Subsec. (a). Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons".
11/29/201 0 11:2 5 FAX 202493514 2 FA A + DMS 1001/00 2

U.S . DEPARTMEN TO F TRANSPORTATIO N

OFFIC E O F HEARING S WASHINGTON , D.C . 

### •I^ARTMEN TO F \NSP0RTAT10 N 

## i'.tTOPER/\ ! ION S •^O V2 ^ A11 - 3 0 I N TH E MATTE R O F FLIGHTSTA R AIRCRAF TSERVICES , INC . FA ADOCKE TNO . (no t ye t assigned ) f(?/( ) C l pt^ l (Civi l PenaltyAction ) ' l ^ DM S NO . (no t ye t assigned ) ^ FA ACAS E NO . 2008-GL-05-004 5 Judg e not ye t assigne d 

## Agenc yRespons e I n Oppositio n t o Respondent' s Motio n t o Dismis s No wCome s th e Agenc yi n accordanc e wit h Sectio n 13,20 9 o fth e Rule s o fPractic e i n FA ACivi l Penalt yAction s (1 4 CF R 13.209) , an d state s th e following : Responden t ha s allege d tha t th e Agency' s Complain t i s untimely . I n suppor t o ftha t allegatio n th e Responden t cite s Sectio n 13.20 8 o fth e Rule s o fPractic e i n FA/ ^ Civi l Penalt yAction s (1 4 CF R 13.208) , whic h provide s i n pertinen t part , tha t absen t goo d caus e tha t a complain t i n a cas e wher e th e pertinen t ac t occurre d mor e tha n 2 year s prio rt o th e issu e o fth e Notic e o fpropose d civi l penalty , ma yb e subjec t t o dismissal . A s asserte d b yth e Respondent , th e pertinen t ac t i n questio n too k plac e o n Ma y6 , 2008 . Th e Agenc yissue d th e subjec t Notic e o fPropose d Civi l Penalt yo n Apri l 7 , 2009 , 1 1 month s an d I da ylater . Eleve n month s an d 1 da yi s substantiall yles s tha t th e allowe d 2 yea rperio d t o fil e th e Notic e o fPropose d Civi l penalty . Respondent' s Motio n i s internall ydeficient . Th e Agenc yassert s tha t Respondent' s Motio n i s withou t merit , an d request s tha t i t b e summaril ydismissed . Fo rth e Agenc y jlen n L . Brow n Senio rAttorne y11/23/201 0 11;2 5 FAX 202493514 2 FA A ^ DMS @l002/00 2

CERTIFICAT E O F SERVIC E I hereb ycertif ytha t th e foregoin g pleadin g ha s bee n maile d thi s dat e byCertifie d Mail , Retur n Receip t Requested , to : Origina l an d On e Copy :

On e Copy : Hearin g Docke t Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S . W . Washington , D C 2059 1 Attn : Hearin g Docke t Cler k AGC-430 , Wilbe rWrigh t Buildin g Suit e 2W100 0 Gregor yS . Winton , Esq . Th e Aviatio n La

wFir m On e Researc h Court , Suit e 45 0 Rockviiie , M D 2085 0 Date d thi s 19t h dayofNovember , 2010 . Tamm yGardne r Lega l Technicia n FA AGrea t Lake s KUL> 0
<PAGE>
                                                                    EXHIBIT 99.1


     CERTIFICATE 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 Quarterly Report of Forsyth Bancshares, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Timothy
M. Perry, Chief Executive Officer of the Company, certify, pursuant to 18 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 and results of
                  operations of the Company.



                              /s/ Timothy M. Perry
                              -------------------------------------------------
                              Timothy M. Perry, President and C.E.O.
                              (Principal Executive Officer)


August 13, 2002
EXHIBIT 4.22

[WHITE KNIGHT RESOURCES LOGO]





July 1, 2005



Mr. Robert Cuffney

Vice-President, Exploration

c/o White Knight Gold (U.S.) Inc.

#140, 121 Woodland Avenue

Reno, NV  89523



Dear Bob:



Re:  Consulting Agreement



The Board of Directors has amended your Consulting Agreement dated February 1, 2000 as follows:



Section 3.1is revised to read:



The remuneration of the Consultant shall be US$8,000 per month. Remuneration of the Consultant shall also be by way of stock options granted from time to time by the parent company (the Parent Company) in such amounts and upon such terms as may be determined by the Board.



Yours truly,



WHITE KNIGHT RESOURCES LTD.





/s/ Megan Cameron-Jones
Megan Cameron-Jones

Corporate Secretary and Director
**EXHIBIT      32**

**Certificate      of Chief Executive Officer and Acting Chief Financial      Officer**

**Pursuant      to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.      1350)**

|   | 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 results of operations of the                Company. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                                                 |   |   |   |
|--------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/                Michael A. Grollman                                                                                               |   |   |   |
| Michael                A. GrollmanChairman,                Chief Executive Officer,and                Acting Chief Financial Officer |   |   |   |
Exhibit 32.1**CERTIFICATION**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted), Joseph Y.Liu, Chief Executive Officer of Oplink Communications, Inc. (the “Company”), hereby certifies that,to the best of his knowledge:**1.**The Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2005, to whichthis Certification is attached as Exhibit 32.1 (the “Quarterly Report”) fully complies with therequirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended;and**2.**The information contained in the Quarterly Report fairly presents, in all material respects,the financial condition at the end of the period covered by the Quarterly Report and results ofoperations of the Company for the periods covered by the Quarterly Report.**In Witness Whereof,**the undersigned has set his hands hereto as of the 14th day of November, 2005.   /s/ Joseph Y. Liu   Joseph Y. Liu  Chief Executive Officer  This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the SECand is not to be incorporated by reference into any filing of the Company under the Securities Actof 1933, as amended, or the Securities Exchange Act of 1934, as amended, irrespective of anygeneral incorporation language contained in such filing.
### §7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents

(a) Licenses and Certificates of Registry.—Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may—

(1) extend for not more than one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or

(2) issue for not more than five years an expiring license or certificate of registry issued for an individual under chapter 71 for the exclusive purpose of aligning the expiration date of such license or certificate of registry with the expiration date of a merchant mariner's document.

(b) Merchant Mariner Documents.—Notwithstanding section 7302(g), the Secretary may—

(1) extend for not more than one year an expiring merchant mariner's document issued for an individual under chapter 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those merchant mariner documents or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or

(2) issue for not more than five years an expiring merchant mariner's document issued for an individual under chapter 73 for the exclusive purpose of aligning the expiration date of such merchant mariner's document with the expiration date of a license or certificate of registry.

(c) Manner of Extension.—Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen.

(Added Pub. L. 111–281, title VI, §615(a), Oct. 15, 2010, 124 Stat. 2971; amended Pub. L. 112–213, title III, §311, Dec. 20, 2012, 126 Stat. 1569; Pub. L. 115–282, title V, §510(3), (4), Dec. 4, 2018, 132 Stat. 4274.)

#### **Editorial Notes**

#### Amendments

2018—Subsec. (b)(1). Pub. L. 115–282, §510(3), substituted "merchant mariner documents" for "licenses or certificates of registry".

Subsec. (b)(2). Pub. L. 115–282, §510(4), substituted "license or certificate of registry." for "merchant mariner's document."

2012—Subsec. (a). Pub. L. 112–213 substituted "chapter 71" for "chapter 73" in pars. (1) and (2).
**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**

| (1) | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended;                and |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2) | The                information contained in the report fairly presents, in all material                respects, the financial condition and results of the operations of                the                Company. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                           |   |   |   |
|------------------------------------------------|--------|--------|--------|
| /s/ *E.              Eugene Sharer*       |   |   |   |
| E.                Eugene Sharer.               |   |   |        |
| Interim                Chief Financial Officer |   |   |   |
| September 22, 2006                             |   |   |   |

----
### §1423j. Authorization of appropriations

(a) Appropriations, except as otherwise provided in this chapter, and except such appropriations as shall be made from time to time by the Congress of the United States, shall be made by the legislature.

(b) If at the termination of any fiscal year the legislature shall have failed to pass appropriation bills providing for payments of the necessary current expenses of the government and meeting its legal obligations for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated, item by item.

(c) All appropriations made prior to August 1, 1950 shall be available to the government of Guam.

(Aug. 1, 1950, ch. 512, §20, 64 Stat. 389.)
### §1425d. Ratification of prior act

Each and every part of Public Law 6–135, approved December 18, 1962, heretofore enacted by the Legislature of Guam dealing with any part of the subject matter of sections 1425a to 1425e of this title and not inconsistent therewith is ratified and confirmed.

(Pub. L. 88–171, §4, Nov. 4, 1963, 77 Stat. 304.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
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#### § 965.303 [Reserved]
United States Court of Appeals for the Federal Circuit 2009-3109 

THOMAS S. FITZGERALD, 

Petitioner, 

v. 

OFFICE OF PERSONNEL MANAGEMENT, 

Respondent. 

Myrrel C. Hendricks, Jr., Gebhardt & Associates, LLP, of Washington, DC, 

argued for petitioner. 

Eric P. Bruskin, Trial Attorney, Commercial Litigation Branch, Civil Division, 

United States Department of Justice, of Washington, DC, argued for respondent. With 

him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, 

Director, and Reginald T. Blades, Jr., Assistant Director. 

Appealed from: Merit Systems Protection Board
NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 

2009-3109 

THOMAS S. FITZGERALD, 

 Petitioner, 

 

v. 

OFFICE OF PERSONNEL MANAGEMENT, 

 Respondent. 

 Judgment 

ON APPEAL from the Merit Systems Protection Board 

in CASE NO(S). PH0752080268-I-1. 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 

Per Curiam (MAYER, LOURIE, and LINN, Circuit Judges ) 

AFFIRMED. See Fed. Cir. R. 36. 

ENTERED BY ORDER OF THE COURT 

DATED May 6, 2010 /s/ Jan Horbaly 

Jan Horbaly, Clerk
### SUBCHAPTER II—CIVIL GOVERNMENT