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

No. 06

- 13

- 00017

- CV

GLENN WINNINGHAM; HOUSE OF FEARN, Appellant

V.

SARAH J. FULLENWIDER; OFFICER C. PAGE; NINFA MARES; JAMES D. ROGERS; JEFFREY HALSTEAD; WILLIAM RUMULY, Appellee s

On Appeal from the 67th District Court Tarrant County, Texas

Trial Court No. 067

- 263565

- 13

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley2 

### MEMORANDUM OPINION

Glenn Winningham; House of Fearn, appellant, filed his notice of appeal February 20,

2013. 1 The clerk’s and reporter’s records in this matter were due to be filed with this Court on or

before April 16, 2013. When neither the clerk’s record nor the reporter’s record had been filed

by April 16, our clerk’s office contacted the district clerk and the court reporter and was

informed that no payment and no arrangement for payment for the records’ preparation had been

made by Winningham.

Winningham is not indigent and is, therefore, responsible for payment of the fees related

to preparation of both the clerk’s and reporter’s records. See T EX

. R. A PP

. P. 20.1

, 35.3(a)(2),

(b)(3)

, 37.3(b). By letter dated May 16, 2013, and pursuant to Texa s Rules of Appellate

Procedure 37.3(b) and 42.3(b), we provided Winningham notice of and an opportunity to cure

this defect. Further, we warned Winningham that, if we did not receive an adequate response to

our defect letter within ten days, this appeal w ould be subject to dismissal for want of

prosecution. See T EX

. R. A PP

. P. 37.3(b), 42.3(b).

1 Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See T EX

. G OV ’ T C ODE A NN . § 73.001 (West 2013). We are unaware of any conflict between precedent of the Second Court of Appeals and that of this Court on any relevant issue. See T EX

. R. A PP

. P. 41.3.3 We have received no communication from Winningham responsive to our May 16

correspondence. Pursuant to Texas Rules of Appellate Procedure 37.3(b) and 42.3(b), we

dismiss this appeal for want of prosecution. See id

.

Bailey C. Moseley

Justice

Date Submitted: July 16, 2013

Date Decided: July 17, 2013
Pyrethrins Joint Venture, Pyrethrins Stewardship Program – Update to EPA

February 12, 2013

Meeting Notes

Attendees

EPA: Aaron Niman, Bayazid Sarkar, David Miller, Elizabeth Evans, Eric Miederhoff, James 

Nguyen, Joel Wolf, Garland Waleko, Dana Friedman

PJV: Rick Kingston (Safety Call), Tom Osimitz (Science Strategies), Jessica Bartlow (CSPA), Jan 

Sharp (MGK), Janelle Kaye (Prentiss LLC, call-in )

The PJV provided an update on the progress of the Pyrethrin Stewardship Program. The PSP is 

being conducted as a condition of registration outlined in the 2006 RED, which suggested a 

possible connection between use of pyrethrins and allergic and respiratory reactions in 

susceptible people. The meeting focused on questions and recommendations that were raised 

in EPA’s mid-point review of the PSP’s second-year report providing data on incidents reported 

to member companies and their follow-up results. 

Discussion items included:

• T. Osimitz reported on the findings of the industry literature review and analysis of 

cases.

• MGK’s delayed response time is due to incident reporting being made initially to MGK’s 

supplemental distributors, who have their own poison control hotlines. To enter the 

PSP, these incidents must be forwarded to MGK, who then forward them to Safety Call 

for screening and possible follow-up.

• PJV provided a revised interview script and increased the financial incentive for callers 

to undergo the questionnaire. So far, the incentive has increased response rates 30%. 

• Going forward, the PJV will provide the report data to EPA in SAS format 

• Proposed follow through:

o The PJV must redouble efforts to improve to more quickly move qualified cases 

to SafetyCall for rapid follow-up. The PJV must work to gain greater participation 

by members and customers. 

o One of the goals of the PSP is to follow up with reporting consumers and conduct 

patch testing for PY sensitivity. The SafetyCall script includes an offer to provide 

a sample and guidance for a diagnostic patch test. PY PSP agreed to increase 

outreach efforts on this issue.
• MGK will look at:

o Whether there appears to be an effect from mitigation on incident reports

o Whether there is any commonality between reports

o EPA will review the upcoming PSP report submission and may subsequently 

require sales information for certain product(s)
KPMG LLP
4200 Norwest Center
90 South Seventh Street
Minneapolis, MN  55402




                          Independent Auditors' Consent


The Board of Directors of Allianz Life Insurance Company of North America
and the Contract Owners of Allianz Life Variable Account A:

We consent to the use of our report,  dated  February  4, 2000 on the  financial
statements of Allianz Life Variable  Account A and our report dated  February 7,
2000, on the consolidated financial statements of Allianz Life Insurance Company
of North America and  subsidiaries  included  herein and to the reference to our
Firm under the heading "EXPERTS".

Our report dated February 7, 2000 on the  consolidated  financial  statements of
Allianz Life  Insurance  Company of North America and  subsidiaries  refers to a
change in the  method  of  calculating  deferred  acquisition  costs and  future
benefit reserves for two-tiered annuities.



                                      KPMG LLP


Minneapolis, Minnesota
April 21, 2000
### §§1451 to 1454. Transferred

#### **Editorial Notes**

#### Codification

Section 1451, acts Aug. 9, 1955, ch. 656, title I, §101, 69 Stat. 584; June 18, 1968, Pub. L. 90–343, §1, 82 Stat. 180, which related to State enactment of absentee voting legislation, was transferred to section 1973cc of Title 42, The Public Health and Welfare.

Section 1452, acts Aug. 9, 1955, ch. 656, title I, §102, 69 Stat. 584; June 18, 1968, Pub. L. 90–344, §1(1), 82 Stat. 181, which related to balloting procedures, was transferred to section 1973cc–1 of Title 42.

Section 1453, act Aug. 9, 1955, ch. 656, title I, §103, 69 Stat. 584, which related to statistical data, was transferred to section 1973cc–2 of Title 42.

Section 1454, act Aug. 9, 1955, ch. 656, title I, §104, as added June 18, 1968, Pub. L. 90–344, §1(2), 82 Stat. 181, which related to personnel residing on military installations and acquisition of legal residence for voting purposes, was transferred to section 1973cc–3 of Title 42.

Sections 1451 to 1453 were formerly classified to sections 2171 to 2173 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                     1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                                  12
<SECURITIES>                                             0
<RECEIVABLES>                                            1
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                        13
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                          13
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                              13
<TOTAL-LIABILITY-AND-EQUITY>                            13
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                             0
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsOffset Waveguide Transmission MeasurementsThis report describes measurements to determine transmission losses in S-band (2.60-3.95 GHz) waveguide sections due to misalignment of the sections relative to each other. The experiments were performed in support of the Hydrostar program to determine the feasibility of using deployable waveguide sections in a large space radiometer. The waveguide sections would possibly be hinged and folded for launch, then deployed in space to form long sections of waveguide. Since very low losses are required for radiometer applications, the effects of potential misalignment after deployment of the waveguide sections may be significant. These measurements were performed in the Electromagnetic Properties Measurement Laboratory in the Electromagnetics Research Branch.Document ID19970023425Acquisition SourceLangley Research CenterDocument TypeTechnical Memorandum (TM)AuthorsCravey, Robin*(NASA Langley Research Center Hampton, VA United States)*Date AcquiredSeptember 6, 2013Publication DateMay 1, 1997Subject CategorySpace Communications, Spacecraft Communications, Command And TrackingReport/Patent NumberNAS 1.15:110341NASA-TM-110341Accession Number97N23766Funding Number(s)PROJECT: RTOP 522-24-21-03Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19970023425.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.1711 When will BSEE order me to permanently plug a well? BSEE will order you to permanently plug a well if that well: ( a ) Poses a hazard to safety or the environment; or
( b ) Is not useful for lease operations and is not capable of oil, gas, or sulphur production in paying quantities.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 05318**  **Removed from Public**  **(Non-CBI) Docket** **1 Copyright** 

**Flag 2**  **File Name Description**  05318\05318_HardcopyLog.doc EPA log of hardcopy documents submitted x 05318\05318_Part A.xls Plant submitted survey file x 05318\05318_Part B.xls Plant submitted survey file x 05318\05318_Part C.xls Plant submitted survey file x 05318\05318_Part D.xls Plant submitted survey file x 05318\05318_Part D.xlsx Plant submitted survey file x 05318\05318_Part H.xls Plant submitted survey file

05318\Certification Statement Plant ID 05318.pdf Plant certification statement x 05318\Follow-up\05318 Follow-up Steam Electric Questionnaire .docx Follow-up correspondence and materials for the survey. x 05318\Follow-up\Clifty Creek Station ICR Responses 2011.doc Follow-up correspondence and materials for the survey. x 05318\Follow-up\Letter.docx Follow-up correspondence and materials for the survey. x 05318\Supplemental Documents\05318_A5-2 Aerial Map.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_CLIFTYFLOWBALANCE 2010 ICR WB-1 D-1.pdf Plant submitted supplemental files to the survey

05318\Supplemental Documents\05318_COVER LETTER FOR Clifty Creek.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_D2-3 FGD WW Study Excerpt CBI.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_D2-3 FGD WW Study Sec 5 CBI.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_D2-3 FGD WW Study Tier 2 CBI.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_Flow Diagram Clifty Creek ICR WB-2.pdf Plant submitted supplemental files to the survey x 05318\Supplemental Documents\05318_WWTP Flow Diagram Clifty.pdf Plant submitted supplemental files to the survey x 05318\05318_Checklist.xls EPA Technical Review Checklist Workbook

05318\05318_Completeness_Checklist.xls EPA Completeness Review Checklist

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
### §44937. Prohibition on transferring duties and powers

Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1219; Pub. L. 103–429, §6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(28), Oct. 5, 2018, 132 Stat. 3639.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 44937 | 49 App.:1357(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(e)(1); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417. |

Section

The word "otherwise" is omitted as surplus. The word "assigned" is omitted as being included in "transfer". The word "function" is omitted as being included in "duty or power". The words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department or agency" for clarity and consistency in the revised title and with other titles of the United States Code.

#### Pub. L. 103–429

This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1219).

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

1994—Pub. L. 103–429 substituted "44906" for "44906(a)(1) or (b)".

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
### SUBCHAPTER II—APPREHENSION AND RESTRAINT
Exhibit 32.1





The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. These certifications shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.












Certification of Chief Executive Officer





Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Schiff Nutrition International, Inc., a Delaware corporation (the “Company”), hereby certifies, to his knowledge, that:





(i)  the accompanying Quarterly Report on Form 10-Q of the Company for the period ended November 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and





(ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: January 7, 2011
By:
/s/ Bruce J. WoodBruce J. WoodChief Executive Officer




A signed original of this written statement required by Section 906 has been provided to Schiff Nutrition International, Inc. and will be retained by Schiff Nutrition International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.










Certification of Chief Financial Officer





Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Schiff Nutrition International, Inc. a Delaware, corporation (the “Company”), hereby certifies, to his knowledge, that:





(i)  the accompanying Quarterly Report on Form 10-Q of the Company for the period ended November 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and





(ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: January 7, 2011
By:
/s/ Joseph W. BatyJoseph W. BatyChief Financial Officer




A signed original of this written statement required by Section 906 has been provided to Schiff Nutrition International, Inc. and will be retained by Schiff Nutrition International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.


Pg. 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1289

CHRISTINA D. PERRY-BEY, Plaintiff – Appellant,

v. CITY OF NORFOLK, VIRGINIA, Defendant – Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:08-cv-00100-MSD-JEB)

Submitted: September 17, 2009 Decided: October 14, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christina D. Perry-Bey, Appellant Pro Se. Paul Wilbur Jacobs, II, CHRISTIAN & BARTON, LLP, Richmond, Virginia, Melvin Wayne Ringer, CITY ATTORNEY’S OFFICE, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Christina D. Perry-Bey seeks to appeal the district court’s order dismissing her complaint without prejudice. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order Perry-Bey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392 , 10 F.3d 1064, 1066 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
### Part A—Recurring National Security Authorization Provisions
### **CHAPTER 327—ODOMETERS**

Sec.
32701.
Findings and purposes.
32702.
Definitions.
32703.
Preventing tampering.
32704.
Service, repair, and replacement.
32705.
Disclosure requirements on transfer of motor vehicles.
32706.
Inspections, investigations, and records.
32707.
Administrative warrants.
32708.
Confidentiality of information.
32709.
Penalties and enforcement.
32710.
Civil actions by private persons.
32711.
Relationship to State law.
#### § 56.14215 Coupling or uncoupling cars.

Prior to coupling or uncoupling cars manually, trains shall be brought to a complete stop, and then moved at minimum tram speed until the coupling or uncoupling activity is completed. Coupling or uncoupling shall not be attempted from the inside of curves unless the railroad and cars are designed to eliminate hazards to persons.
<PAGE>
                                                                    EXHIBIT 10.1

                 SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT


         This Sixth Amendment to Loan and Security Agreement (the "AMENDMENT")
is made on August 6, 2002 by GMAC Business "Credit, LLC ( "Lender") and ROCKY
SHOES & BOOTS, INC. and LIFESTYLE FOOTWEAR,

                                   RECITALS

         A. Borrowers and Lender entered into a Loan and Security Agreement
dated September 18, 2000 (as amended from time to time, including by this
Amendment, the Capitalized terms used in this Amendment shall have the
meanings set forth in the Loan Agreement unless otherwise defined in this
Amendment.

         B. Borrowers and Lender wish to amend the Loan Agreement as set forth
below.

         THEREFORE, In consideration of the mutual promises and agreements of
the parties hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency of which Is acknowledged, the parties agree as
follows:

                              TERMS AND CONDITIONS

         1. The definition of "Availability Reserve" in Section 2 of the Loan
Agreement is amended to read as follows: "Availability Reserve" means
$1,000,000.

         2. Except as amended by this Amendment, all the terms and conditions in
the Loan Agreement remain in full force and effect.


<PAGE>

         3. This Amendment constitutes the entire agreement of the Parties in
connection with the subject matter of this Amendment and cannot be changed or
terminated orally. All prior agreements, understandings, representations,
warranties and negotiations regarding the subject matter hereof, if any, are
merged into this Amendment.

         4. Borrowers and the signatory noted below represent that all necessary
corporate action to authorize Borrowers to enter into this Amendment has been
taken, including, without limitation, board of directors approval and
resolutions necessary to authorize Borrowers' execution of this Amendment.

         5. This Amendment may be executed in counterparts, each of which when
so executed and delivered shall be deemed an original, and all of such
counterparts together shall constitute but one and the same agreement.

         6. This Amendment shall be governed by, and construed and enforced in
accordance with, the laws of the State of Michigan.

GMAC BUSINESS CREDIT, LLC                   ROCKY SHOES & BOOTS, INC.



By:      /s/ Kathryn Williams               By:      /s/ James E. McDonald
   --------------------------------            -------------------------------
      Kathryn Williams                            James E. McDonald
      Vice President                              Vice President and
                                                  Chief Financial Officer


LIFESTYLE FOOTWEAR, INC.



By:      /s/ James E. McDonald
   -----------------------------------------
      James E. McDonald
      Vice President and
      Chief Financial Officer

                                       2