alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-10-00025-CV

______________________________

HUBERT MCCURLEY, INDIVIDUALLY,

D/B/A STAN’S BACKHOE SERVICE, INC., AND

RITA MCCURLEY, INDIVIDUALLY, Appellants

V.

CAPITOL INDEMNITY CORPORATION, Appellee

 

On Appeal from the 173rd Judicial District Court

Henderson County, Texas

Trial Court No. 2008A-490

 

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

Memorandum Opinion by Justice Moseley
2

MEMORANDUM OPINION

Appellants, Hubert McCurley, Individually, d/b/a Stan’s Backhoe Service, Inc., and Rita 

McCurley, Individually, have filed with this Court a motion to dismiss the pending appeal in this 

matter. 1 Appellants represent to this Court that the parties have reached a full and final 

settlement. In such a case, no real controversy exists, and in the absence of a controversy, the 

appeal is moot.

We grant the motion and dismiss this appeal.

Bailey C. Moseley

Justice

Date Submitted: June 15, 2010

Date Decided: June 16, 2010

 

1

Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme 

Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Vernon 2005).
Exhibit 32.2

                    Certification of Chief Financial Officer
                         Pursuant to Section 906 of the
                           Sarbanes-Oxley Act of 2002

In connection with the quarterly Report of Trident Rowan Group, Inc. (the
"Company") on Form 10-Q for the quarter ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Hope
Ni, Chief Financial 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:

(3)   the Report fully complies with the requirements of Section 13(a) or 15 (d)
      of the Securities and Exchange Act of 1934; and

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


/s/ Hope Ni
----------------------------------------------
Name:  Hope Ni
Title: Chief Financial Officer
August 20, 2004
#### § 74.6 Quality control.

The applicant shall describe the way in which each lot of components will be sampled and tested to maintain its quality prior to assembly of each sampler unit. In order to assure that the quality of the CMDPSU will be maintained in production through adequate quality control procedures, MSHA and NIOSH reserve the right to have their qualified personnel inspect each applicant's control-test equipment procedures and records and to interview the employees who conduct the control tests. Two copies of the results of any tests made by the applicant on the CMDPSU or the pump unit thereof shall accompany an application provided under § 74.13 of this part.
#### The People of the State of New York, Respondent, v Robbin McGuigan, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 11, 1977, convicting her of criminally negligent homicide, upon her plea of guilty, and sentencing her to an indeterminate term of imprisonment not to exceed three years. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to a five-year period of probation. As so modified, judgment affirmed, and case remanded to the County Court to fix the *800conditions of probation. The sentence was excessive to the extent indicated herein. Latham, J. P., Rabin, Gulotta and Margett, JJ., concur.
§ 72.610 Abrasive blasting. ( a ) *Surface and underground mines.* When an abrasive blasting operation is performed, all exposed miners shall properly use respirators approved for abrasive blasting by NIOSH under 42 CFR part 84, or the operation shall be performed in a totally enclosed device with the miner outside the device.
( b ) *Underground areas of underground mines.* Silica sand or other materials containing more than 1 percent free silica shall not be used as an abrasive substance in abrasive blasting.
[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]
<PAGE>
                                                                      EXHIBIT 21


SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>
NAME                                                     JURISDICTION OF INCORPORATION
-----------------------------------------------          ------------------------------------
<S>                                                      <C>
Integra Bank NA                                          United States
 * IBNK Leasing Corp.                                    State of Indiana
 * West Kentucky Insurance and Financial Services, Inc.  Commonwealth of Kentucky
 * Integra Illinois Investment Co., LLC                  State of Delaware
 * Integra Loan Company, LLC                             State of Delaware
Twenty - One Southeast Third Corporation                 State of Indiana
Integra Capital Trust I                                  State of Delaware
Integra Capital Trust II                                 State of Delaware
</TABLE>

* - Wholly owned subsidiary of Integra Bank NA
** - Ninety-nine percent owned by Integra Illinois Investment Co., LLC and one
     percent owned by Integra Bank NA
Exhibit 99.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection  with  the  Quarterly  Report  of The  Deltona  Corporation  (the
"Company") on Form 10-Q for the period  ending  September 30, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Robert O. Moore, Chief Financial 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 result of  operations of the
Company.


/S/ Robert O. Moore
-------------------
Robert O. Moore
Chief Financial Officer

November 14, 2002


<PAGE>
### §401a. Transferred

#### **Editorial Notes**

#### Codification

Section 401a, comprising section 3 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3003 of this title.
### §404h. Transferred

#### **Editorial Notes**

#### Codification

Section 404h, comprising section 113 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3048 of this title.
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report on Form 10-KSB of First Community Financial Corporation, (the Company) for the period ended December 31,
2003, as filed with the Securities and Exchange Commission (the Report), I, James R. McLaughlin, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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. To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of the operations of the Company as of and for the period covered by the
Report.



|      |  |               |  |  |  |     |  |                                    
|----- |  | ------------- |  |  |  | --- |  | -----------------------------------
|      |  |               |  | 
|      |  |               |  | 
|Date: |  | March 9, 2004 |  |  |  | By: |  | /s/    James R. McLaughlin         
|      |  |               |  |  |  |     |  |                                    
|      |  |               |  |  |  |     |  | James R. McLaughlin,President & CEO
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1403-4 Criteria—Automatic elevators. ( a ) The doors of automatic elevators should be equipped with interlocking switches so arranged that the elevator car will be immovable while any door is opened or unlocked, and arranged so that such door or doors cannot be inadvertently opened when the elevator car is not at a landing.
( b ) A “Stop” switch should be provided in the automatic elevator compartment that will permit the elevator to be stopped at any location in the shaft.
( c ) A slack cable device should be used where appropriate on automatic elevators which will automatically shut-off the power and apply the brakes in the event the elevator is obstructed while descending.
( d ) Each automatic elevator should be provided with a telephone or other effective communication system by which aid or assistance can be obtained promptly.
Exhibit 31.3





Certifications





I, Howard A. Willard III, certify that:





|   |                                                                                              
|-- | ---------------------------------------------------------------------------------------------
|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Altria Group, Inc.;




|   |                                                                                                                                                                                                                                                                                                               
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | Based on my knowledge, this report does not contain any untrue statement of a material 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 misleading with respect to the period covered by this report; and




|   |                                                                                                                                                                                                                                                                                        
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.







Date:  May 29, 2019


/s/ HOWARD A. WILLARD IIIHoward A. Willard IIIChairman and Chief Executive Officer
95 Green Acres Drive Miles City, MT 59301 April 9, 2013 Docket Operations M·30 Department ofTransportation Office ofSecretary West Building Ground Floot W 12·140 1200 NewJerseyAvenue, SE Washington, DC 20590 RE: Docket 005-0ST-1997-2605 To Whom itMay Concern: 

### 13

I currently reside in Miles City Montana, a hub ofeastern Montana. This community provides many services to this much bigger geographical area including healthcare, mental healthcare, commerce, state and county resources and airtransportation. Because ofour remote location, access to flights is ofvital importance. I would askthat you please consider maintaining the Essential Air Service status for Miles City and the greater rural area that itserves. I personally have found myself using the Miles City airport less because the more current provider has inconvenient flight times. Priorto 2012, I utilized the Miles Oty airport nearly every month 

### to travel for professional reasons. I am sure this Is a common situation for many residents in our area. While the issue ofdecreased utilization may not be the sole reason for discontinuing EAS for Miles City, itis afactor. The current airline provider has done no marketing; it is difficulttofind where 

### to book flights and itis complicated to make connecting flight arrangements. I believe that the situation in Miles City is exactlythe reason for the creation ofthe Essential Air Service and askthat you strongly support my community's continued participation.
Thankyou,

Polly Petersen, PhD, RN
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7898

THOMAS EARL GREENE, Plaintiff - Appellant, versus GREENVILLE COUNTY DETENTION CENTER MEDICAL DEPARTMENT, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph F. Anderson, Jr., Chief District Judge. (CA-04-22330-6-13AK) Submitted: February 24, 2005 Decided: March 9, 2005 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas Earl Greene, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Thomas Earl Greene appeals the district court’s order accepting and adopting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint for failure to state a claim and failure to exhaust administrative remedies. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Greene that failure to timely file specific, written objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Greene failed to file specific objections to the magistrate judge’s recommendation. Greene’s filed objections were entirely general and conclusory. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Greene has waived appellate review by failing to file objections with any specificity after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the- 3 - materials before the court and argument would not aid the decisional process.

AFFIRMED
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.521 Lightning arresters; ungrounded and exposed power conductors and telephone wires.

Each ungrounded, exposed power conductor and each ungrounded, exposed telephone wire that leads underground shall be equipped with suitable lightning arresters of approved type within 100 feet of the point where the circuit enters the mine. Lightning arresters shall be connected to a low resistance grounding medium on the surface which shall be separated from neutral grounds by a distance of not less than 25 feet.

[38 FR 4975, Feb. 23, 1973]
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-455-CV

BANK OF AMERICA, N.A. APPELLANT

V.

WARRANTECH AUTOMOTIVE, INC. APPELLEE

----------

FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

----------

MEMORANDUM OPINION

1 AND JUDGMENT

----------

We have considered appellant’s “Motion For Dismissal With Prejudice

Pursuant To Settlement.” It is the court’s opinion that the motion should be granted;

therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let

execution issue.

PER CURIAM

PANEL: MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J.

DELIVERED: April 22, 2010

1 See Tex. R. App. P. 47.4.
#### § 57.12016 Work on electrically-powered equipment.

Electrically powered equipment shall be deenergized before mechanical work is done on such equipment. Power switches shall be locked out or other measures taken which shall prevent the equipment from being energized without the knowledge of the individuals working on it. Suitable warning notices shall be posted at the power switch and signed by the individuals who are to do the work. Such locks or preventive devices shall be removed only by the persons who installed them or by authorized personnel.
Allianz Life Insurance Company of North America         [Allianz Logo]


Eric Carlson, FSA, MAAA
Manager
Variable Products Actuarial

1750 Hennepin Avenue
Minneapolis, MN  55403-2195
Telephone: (763) 582-6022
Telefax: (763) 765-6252


July 10, 2001

The Board of Directors
Allianz Life Insurance Company of North America
1750 Hennepin Avenue
Minneapolis, MN  55403



                            CONSENT OF ACTUARY


I hereby consent to the inclusion of the Illustrations of Policy Benefits
contained in Appendix B and Exhibit F in a Registration Statement Form S-6
registering Flexible Premium Variable Life Insurance Policies. The illustrations
have been prepared in accordance with standard actuarial principles and reflect
the operation of the Policy by taking into account all charges under the Policy
and in the underlying fund, and are shown at a variety of underwriting
classifications.

Sincerely,


/s/      Eric Carlson
      ______________________

         Eric Carlson, ASA, MAAA
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             723
<SECURITIES>                                        99
<RECEIVABLES>                                    1,757
<ALLOWANCES>                                        46
<INVENTORY>                                      2,575
<CURRENT-ASSETS>                                 5,129
<PP&E>                                           1,857
<DEPRECIATION>                                     206
<TOTAL-ASSETS>                                   7,197
<CURRENT-LIABILITIES>                            2,007
<BONDS>                                          1,036
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,589
<OTHER-SE>                                     (2,590)
<TOTAL-LIABILITY-AND-EQUITY>                     3,999
<SALES>                                          8,805
<TOTAL-REVENUES>                                 8,805
<CGS>                                            6,463
<TOTAL-COSTS>                                    6,463
<OTHER-EXPENSES>                                 2,414
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 146
<INCOME-PRETAX>                                    358
<INCOME-TAX>                                     (282)
<INCOME-CONTINUING>                               (72)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       640
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08


</TABLE>
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.452 What are the real-time monitoring requirements for Arctic OCS exploratory drilling operations? ( a ) When conducting exploratory drilling operations on the Arctic OCS, you must gather and monitor real-time data using an independent, automatic, and continuous monitoring system capable of recording, storing, and transmitting data regarding the following: ( 1 ) The BOP control system;
( 2 ) The well's fluid handling systems on the rig; and
( 3 ) The well's downhole conditions as monitored by a downhole sensing system, when such a system is installed.
( b ) During well operations, you must transmit the data identified in paragraph (a) of this section as they are gathered, barring unforeseeable or unpreventable interruptions in transmission, and have the capability to monitor the data onshore, using qualified personnel. Onshore personnel who monitor real-time data must have the capability to contact rig personnel during operations. After well operations, you must store the data at a designated location for recordkeeping purposes as required in §§ 250.740 and 250.741. You must provide BSEE with access to your real-time monitoring data onshore upon request.
[81 FR 46561, July 15, 2016]
### §5321. Crime prevention and security

The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5321 | 49 App.:1620. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §24; added Apr. 2, 1987, Pub. L. 100–17, §325, 101 Stat. 237. |

Section

#### **Editorial Notes**

#### Amendments

2005—Pub. L. 109–59 substituted "public transportation" for "mass transportation".

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

#### Regulations

Pub. L. 109–59, title III, §3028(c), Aug. 10, 2005, 119 Stat. 1624, required the Secretaries of Transportation and Homeland Security to issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants not later than 180 days after Aug. 10, 2005.

#### Public Transportation Security

Pub. L. 109–59, title III, §3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:

"(1) In general.—Not later than 45 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security.

"(2) Contents.—The annex to be executed under paragraph (1) shall—

"(A) establish a process to develop security standards for public transportation agencies;

"(B) create a method of direct coordination with public transportation agencies on security matters;

"(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and

"(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security."