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

San Antonio, Texas

November 5, 2021

No. 04

- 21

- 00277

- CV

IN THE INTEREST OF M.C.L.V, A CHILD

From the 438th Judicial District Court

, Bexar County, Texas

Trial Court No. 2020

- PA

- 01657
Kimberl y Burley , Judge Presiding



### O R D E R

Appellee’s motion for extension of time is GRANTED

. Appellee’s brief must be filed on or before November 8, 2021.

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of November, 2021

.

___________________________________ M ichael A. C ruz , Clerk of Court
§ 203.1 What is BSEE's authority to grant royalty relief? The Outer Continental Shelf (OCS) Lands Act, 43 U.S.C. 1337, as amended by the OCS Deep Water Royalty Relief Act (DWRRA), Public Law 104-58 and the Energy Policy Act of 2005, Public Law 109-058 authorizes us to grant royalty relief in four situations. ( a ) Under 43 U.S.C. 1337(a)(3)(A), we may reduce or eliminate any royalty or a net profit share specified for an OCS lease to promote increased production.
( b ) Under 43 U.S.C. 1337(a)(3)(B), we may reduce, modify, or eliminate any royalty or net profit share to promote development, increase production, or encourage production of marginal resources on certain leases or categories of leases. This authority is restricted to leases in the GOM that are west of 87 degrees, 30 minutes West longitude, and in the planning areas offshore Alaska.
( c ) Under 43 U.S.C. 1337(a)(3)(C), we may suspend royalties for designated volumes of new production from any lease if: ( 1 ) Your lease is in deep water (water at least 200 meters deep);
( 2 ) Your lease is in designated areas of the GOM (west of 87 degrees, 30 minutes West longitude);
( 3 ) Your lease was acquired in a lease sale held before the DWRRA (before November 28, 1995);
( 4 ) We find that your new production would not be economic without royalty relief; and
( 5 ) Your lease is on a field that did not produce before enactment of the DWRRA, or if you propose a project to significantly expand production under a Development Operations Coordination Document (DOCD) or a supplementary DOCD, that the Bureau of Ocean Energy Management (BOEM) approved after November 28, 1995.
( d ) Under 42 U.S.C. 15904-15905, we may suspend royalties for designated volumes of gas production from deep and ultra-deep wells on a lease if: ( 1 ) Your lease is in shallow water (water less than 400 meters deep) and you produce from an ultra-deep well (top of the perforated interval is at least 20,000 feet TVD SS) or your lease is in waters entirely more than 200 meters and entirely less than 400 meters deep and you produce from a deep well (top of the perforated interval is at least 15,000 feet TVD SS);
( 2 ) Your lease is in the designated area of the GOM (wholly west of 87 degrees, 30 minutes west longitude); and
( 3 ) Your lease is not eligible for deep water royalty relief.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.472 What are the relief rig requirements for the Arctic OCS? ( a ) In the event of a loss of well control, the Regional Supervisor may direct you to drill a relief well using the relief rig able to kill and permanently plug an out-of-control well as described in your APD. Your relief rig must comply with all other requirements of this part pertaining to drill rig characteristics and capabilities, and it must be able to drill a relief well under anticipated Arctic OCS conditions.
( b ) When you are drilling below or working below the surface casing during Arctic OCS exploratory drilling operations, you must have access to a relief rig, different from your primary drilling rig, staged in a location such that it can arrive on site, drill a relief well, kill and abandon the original well, and abandon the relief well prior to expected seasonal ice encroachment at the drill site, but no later than 45 days after the loss of well control.
( c ) Operators may request approval of alternative compliance measures to the relief rig requirement in accordance with § 250.141. The operator must show and document that the alternate compliance measure will meet or exceed the level of safety and environmental protection required by BSEE regulations, including demonstrating that the alternate compliance measure will be able to kill and permanently plug an out-of-control well.
MARJORIE K. CONNER

ATTORNEY

700 WEST VIEW TERRACE

ALEXANDRIA, VIRGINIA 22302 

APRIL 13, 2015 

703-706-5917 

mkconner@mkconnerlaw.com 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

 Re: OpenSky Drones, LLC 

 Petitions for Exemption under Section 333 of the FAA Reform Act 

 Regulatory Docket No. FAA-2014-117, 119, 121, 122, 124, and 220 

Dear USDOT: 

 On January 9, 2015, OpenSky Drones, LLC (“OSD”), filed several petitions for 

exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform 

Act”), and Section 11.81 of the FAA’s rules, 14 C.F.R. § 11.81. Those filings were assigned the 

Regulatory Docket Numbers captioned above. 

Recently, Dan Pham, former Vice President of OSD filed documents in the captioned 

dockets purporting to change the name of OSD to Alert5. As is demonstrated by the attached 

documents, OSD and Alert5 International, LLC are separate entities, both formed under Florida 

law. Whatever Mr. Pham purported to do by his recent filing, he had no authority to change the 

name on OSD’s petitions. 

 OSD continues to support its petitions for exemption, in its own name, and asks that the 

FAA disregard Mr. Pham’s recent filing, in its entirety. 

 Please give me a call with any questions or concerns about OSD’s petitions or this letter. 

 Very truly yours, 

 

 Marjorie K. Conner 

 Counsel for OpenSky Drones, LLC 

cc: OpenSky Drones, LLC 
Open Sky Drones, LLC

Organizational Documents

   


Alert5 International, LLC

Organizational Documents
### §20701. Requirements for use

A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances—

(1) are in proper condition and safe to operate without unnecessary danger of personal injury;

(2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and

(3) can withstand every test prescribed by the Secretary under this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 885.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 20701 | 45:23. | Feb. 17, 1911, ch. 103, §2, 36 Stat. 913; Mar. 4, 1915, ch. 169, §1, 38 Stat. 1192; restated June 7, 1924, ch. 355, §2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, §14(2), 102 Stat. 632. |
| | 45:30 (1st sentence related to 45:23). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148. |
| | 49 App.:1655(e)(1)(E), (F). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E), (F), 80 Stat. 939. |

Section

In this section, before clause (1), the words "locomotive or tender . . . locomotive or tender and its parts and appurtenances" are substituted for "locomotive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof" in 45:23 and "the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances" in 45:30 for clarity and because of the restatement. In clause (1), the words "in the service to which the same are put" and "in the active service of such railroad" in 45:23 are omitted as surplus. The words "danger of personal injury" are substituted for "peril to life or limb" for clarity and consistency in this part. In clause (2), the words "from time to time" are omitted as surplus. The words "as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter" are substituted for "in accordance with the provisions of sections 22 to 29 and 31 to 34 of this title" for clarity and consistency. In clause (3), the words "prescribed by the Secretary under this chapter" are substituted for "prescribed in the rules and regulations hereinafter provided for" for clarity and because of the restatement.
#### § 203.42 What conditions and limitations apply to royalty relief for deep wells and phase 1 ultra-deep wells?

The conditions and limitations in the following table apply to royalty relief under § 203.41.

| If . . . | Then . . . |
| --- | --- |
| (a) Your lease has produced gas or oil from a well with a perforated interval the top of which is 18,000 feet TVD SS or deeper, | your lease cannot earn an RSV under § 203.41 as a result of drilling any subsequent deep wells or phase 1 ultra-deep wells. |
| (b) You determine RSV under § 203.41 for the first qualified deep well or qualified phase 1 ultra-deep well on your lease (whether an original well or a sidetrack) because you drilled and produced it within the time intervals set forth in the definitions for qualified wells, | that determination establishes the total RSV available for that drilling depth interval on your lease (*i.e.,* either 15,000-18,000 feet TVD SS, or 18,000 feet TVD SS and deeper), regardless of the number of subsequent qualified wells you drill to that depth interval. |
| (c) A qualified deep well or qualified phase 1 ultra-deep well on your lease is within a unitized portion of your lease, | the RSV earned by that well under § 203.41 applies only to production from qualified wells on or allocated to your lease and not to other leases within the unit. |
| (d) Your qualified deep well or qualified phase 1 ultra-deep well is a directional well (either an original well or a sidetrack) drilled across a lease line, | the lease with the perforated interval that initially produces earns the RSV. However, if the perforated interval crosses a lease line, the lease where the surface of the well is located earns the RSV. |
| (e) You earn an RSV under § 203.41, | that RSV is in addition to any RSS for your lease under § 203.45 that results from a different wellbore. |
| (f) Your lease earns an RSV under § 203.41 and later produces from a well that is not a qualified well, | the RSV is not forfeited or terminated, but you may not apply the RSV under § 203.41 to production from the non-qualified well. |
| (g) You qualify for an RSV under paragraphs (b) or (c) of § 203.41, | you still owe minimum royalties or rentals in accordance with your lease terms. |
| (h) You transfer your lease, | unused RSVs transfer to a successor lessee and expire with the lease. |

# Example to paragraph (b):

If your first qualified deep well is a sidetrack with a perforated interval whose top is 16,000 feet TVD SS and earns an RSV of 12.5 BCF, and you later drill a qualified original deep well to 17,000 feet TVD SS, the RSV for your lease remains at 12.5 BCF and does not increase to 15 BCF. However, under paragraph (c) of § 203.41, if you subsequently drill a qualified deep well to a depth of 18,000 feet or greater TVD SS, you may earn an additional RSV.
* Pursuant to 5th Cir. 47.5, the court has determined that this opinion

s hould not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. 

### UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 98-60154

_______________________ GEORGE S LEE; THOMAS L PRICE; ALLEN G HOLDER; EVERETT O FREEMAN, Plaintiffs-Appellants, versus STATE OF MISSISSIPPI; MIKE MOORE, Mississippi Attorney General, Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Mississippi

(2:96-CV-0380-PG)

_________________________________________________________________ May 6, 1999 Before JONES, DUHÉ, and BARKSDALE, Circuit Judges. PER CURIAM: *



### AFFIRMED . See 5th Cir. R. 47.6.
### §41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation

(a) General.—When the Secretary of Transportation decides that a division between air carriers, foreign air carriers, or both, of a joint price for foreign air transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers, the Secretary shall prescribe a reasonable division of the joint price among those carriers. The Secretary may order the adjustment in the division of the joint price to be made retroactively to the date the complaint was filed, the date the order for an investigation was made, or a later date the Secretary decides is reasonable.

(b) When Secretary May Act.—The Secretary may act under this section on the Secretary's own initiative or on a complaint filed with the Secretary and only after notice and an opportunity for a hearing.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 41508(a) | 49 App.:1482(h) (words after 3d comma). | Aug. 23, 1958, Pub. L. 85–726, §1002(h), 72 Stat. 790; Nov. 9, 1977, Pub. L. 95–163, §18(c), 91 Stat. 1287. |
| | 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(5)(D) (related to §1002(h)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. |
| 41508(b) | 49 App.:1482(h) (words before 3d comma). | |
| | 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). | |

Section

In subsection (a), the words "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the state of Hawaii, or overseas or" are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h) applies only to foreign air transportation. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust, unreasonable, inequitable, or unduly preferential or prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The words "against any of those carriers" are substituted for "as between the air carriers or foreign air carriers parties thereto" to eliminate unnecessary words. The word "retroactively" is added for clarity.

In subsection (b), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.
#### Universal Vending Service Company, appellee, v. M. Palumbo, appellant.

Gen. No. 28,590.

Consolidated with No. 28,578 ante. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the second division of this court for the first district.

Affirmed.

Opinion filed November 27, 1923.

Per Curiam.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.1018 Assignment of pipeline right-of-way grants. ( a ) Assignment may be made of a right-of-way grant, in whole or of any lineal segment thereof, subject to the approval of the Regional Supervisor. An application for approval of an assignment of a right-of-way or of a lineal segment thereof, shall be filed in triplicate with the Regional Supervisor.
( b ) Any application for approval for an assignment, in whole or in part, of any right, title, or interest in a right-of-way grant must be accompanied by the same showing of qualifications of the assignees as is required of an applicant for a ROW in § 250.1015 of this subpart and must be supported by a statement that the assignee agrees to comply with and to be bound by the terms and conditions of the ROW grant. The assignee must satisfy the bonding requirements in 30 CFR 550.1011. No transfer will be recognized unless and until it is first approved, in writing, by the Regional Supervisor. The assignee must pay the service fee listed in § 250.125 of this part for a pipeline ROW assignment request.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]
### §733a. Citizens; residence in island of citizens of United States

All citizens of the United States who have resided or who shall after March 4, 1927, reside in the island for one year shall be citizens of Puerto Rico.

(Mar. 2, 1917, ch. 145, §5a, as added Mar. 4, 1927, ch. 503, §2, 44 Stat. 1418; amended May 17, 1932, ch. 190, 47 Stat. 158.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 5a of Title 8, Aliens and Nationality.

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

#### Change of Name

"Puerto Rico" substituted in text for "Porto Rico" pursuant to act May 17, 1932, which is classified to section 731a of this title.
First Department,

May, 1963

(May 7, 1963)

#### In the Matter of Beatrice S. Carter, Respondent, v. Raymond S. Carter, Appellant.

■ Order entered on November 1, 1961 awarding petitioner support on a means basis, reversed, on the law and the facts, and a new trial ordered, without costs to either party. In this support proceeding the defendant challenges the jurisdiction of the Family Court on the basis of a Virginia decree of divorce which he obtained in 1953. It is fundamental that the obligation to support on a means basis must be based on a valid marriage between the parties (Family Ct. Act, § 412, formerly N. Y. City, Dom. Rel. Ct. Act, § 101, subd. 1). Jurisdiction of the court in such a proceeding is always subject to attack on the ground that a valid divorce decree exists between the parties. The Family Court as an incident to the exercise of its jurisdiction may deny full faith and credit to an ex parte foreign divorce decree if it finds that a bona fide domicile was not established in a foreign jurisdiction. *(Williams*v. *North Carolina,*325 U. S. 226; *Willcov*v. *Wilkov,*13 A D 2d 471; *Sierra*v. *Sierra,*8 A D 2d 708; *Loomis*v. *Loomis,*288 N. Y. 222.) There is a presumption of validity of a foreign divorce decree, and the burden is upon the person who attacks it to establish that such decree is invalid. Here the petitioner asserts there was a failure to establish a bona fide domicile in Virginia. Domicile depends upon intent and physical presence. (See 16 N. Y. Jur., Domestic Relations, 457, § 923.) There was some testimony that respondent did at one time reside in Virginia, but whether or not at the time the action was instituted is not clear. Whether at such time the requisite intention existed can only be established by relevant standards of proof. That is, facts from which it may be gleaned that respondent did intend to make Virginia his home. *(Snyder*v. *Snyder,*286 App. Div. 931; *Seiko wits*V. *Selkowitz,*272 App. Div. 1071; 36 A. L. R. 2d 756.) In this case it may well be that the defense of a Virginia divorce decree is valid. However, the inconclusive nature of the proof fails to either establish the *bona fides*of the marriage domicile in Virginia or to void such foreign decree and necessitates the granting of a new trial *(Sierra*v. *Sierra, supra).*Concur — Breitel, J. P., Stevens, Eager and Steuer, JJ.; McNally, J., dissents in the following memorandum: The record indicates that respondent-appellant husband returned to New York in 1952 and has been domiciled here since that time. The record also indicates that petitioner-respondent wife, a domiciliary of New York, received notice of a divorce proceeding in the State of Virginia in 1953 and did not appear or answer therein. The divorce decree in evidence was issued March 23, 1953. It affirmatively appears from the record that respondent-appellant husband was not a resident nor a domiciliary of Virginia at the time that action was instituted or when the decree therein issued. The finding of the trial court that the Virginia decree does not bar this proceeding is in accord with and supported by the record herein. Accordingly, I dissent and vote to affirm.
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1,000

<S>                         <C>
<PERIOD-TYPE>               9-MOS
<FISCAL-YEAR-END>           DEC-31-2000
<PERIOD-END>                SEP-30-2000
<CASH>                            3,403
<SECURITIES>                          0
<RECEIVABLES>                     3,022
<ALLOWANCES>                        385
<INVENTORY>                         176
<CURRENT-ASSETS>                  7,056
<PP&E>                           15,433
<DEPRECIATION>                    5,195
<TOTAL-ASSETS>                   16,814
<CURRENT-LIABILITIES>             4,774
<BONDS>                               0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                         52,677
<OTHER-SE>                      (41,028)
<TOTAL-LIABILITY-AND-EQUITY>     16,814
<SALES>                           4,049
<TOTAL-REVENUES>                  4,049
<CGS>                             4,007
<TOTAL-COSTS>                     4,007
<OTHER-EXPENSES>                  3,662
<LOSS-PROVISION>                 (3,620)
<INTEREST-EXPENSE>                  (65)
<INCOME-PRETAX>                  (3,555)
<INCOME-TAX>                          0
<INCOME-CONTINUING>              (3,555)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     (3,555)
<EPS-BASIC>                       (0.25)
<EPS-DILUTED>                     (0.25)


</TABLE>
Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.620 Manufactured home: Applicability of requirements. ( a ) *Assistance for resident of manufactured home.* ( 1 ) A family may reside in a manufactured home with assistance under the program.
( 2 ) The PHA must permit a family to lease a manufactured home and space with assistance under the program.
( 3 ) The PHA may provide assistance for a family that owns the manufactured home and leases only the space. The PHA is not required to provide such assistance under the program.
( b ) *Applicability.* ( 1 ) The HQS in § 982.621 always apply when assistance is provided to a family occupying a manufactured home (under paragraph (a)(2) or (a)(3) of this section).
( 2 ) Sections 982.622 to 982.624 only apply when assistance is provided to a manufactured home owner to lease a manufactured home space.
( c ) *Live-in aide.* ( 1 ) If approved by the PHA, a live-in aide may reside with the family to care for a person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities in accordance with 24 CFR part 8. See § 982.316 concerning occupancy by a live-in aide.
( 2 ) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
#### Frances Martone *v.*Frank M. Martone

*Max Brunswick,*in support of the petition.

*Steven D. Ecker,*in opposition.

Decided October 30, 1992

The defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 208, is denied.