alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-269-CV

SAILSTAR USA, INC. APPELLANT

V.

SAMAHA ENTERPRISES, INC. APPELLEE

D/B/A CRYSTAL CLEANERS

------------

FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY

------------

MEMORANDUM OPINION

1 ON REHEARING

AND JUDGMENT ON REHEARING

------------

Having considered the parties’ joint motion to modify or clarify our original

memorandum opinion, we grant the motion, withdraw our memorandum opinion

and judgment of October 8, 2009, and substitute the following.

1... See Tex. R. App. P. 47.4.
We have considered the parties’ agreed motion, in which the parties ask

this court “to set aside the default judgment as to SailStar and remand to the

district court . . . for further proceedings consistent with the parties’

agreement.” Therefore, without regard to the merits, we set aside the default

judgment, dismiss the appeal, and remand the case to the trial court for further

proceedings consistent with the parties’ agreement. See Tex. R. App. P.

42.1(a)(2).

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

let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

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

DELIVERED: November 12, 2009

2
#### O’NEILL, Respondent, v. CITY OF NEW YORK, Appellant.

(Supreme Court, Appellate Division, First Department.

February 10, 1905.)

Action by Mary O’Neill against the city of New York. T. Connoly, for appellant. E. G. Stevens, for respondent.

PER CURIAM.

Judgment and order affirmed, with costs. McLAUGHLIN and LAUGH-LIN, JJ., dissent.
§ 57.8520 Ventilation plan. A plan of the mine ventilation system shall be set out by the operator in written form. Revisions of the system shall be noted and updated at least annually. The ventilation plan or revisions thereto shall be submitted to the District Manager for review and comments upon his written request. The plan shall, where applicable, contain the following: ( a ) The mine name.
( b ) The current mine map or schematic or series of mine maps or schematics of an appropriate scale, not greater than five hundred feet to the inch, showing: ( 1 ) Direction and quantity of principal air flows;
( 2 ) Locations of seals used to isolate abandoned workings;
( 3 ) Locations of areas withdrawn from the ventilation system;
( 4 ) Locations of all main, booster and auxiliary fans not shown in paragraph (d) of this standard.
( 5 ) Locations of air regulators and stoppings and ventilation doors not shown in paragraph (d) of this standard;
( 6 ) Locations of overcasts, undercasts and other airway crossover devices not shown in paragraph (d) of this standard;
( 7 ) Locations of known oil or gas wells;
( 8 ) Locations of known underground mine openings adjacent to the mine;
( 9 ) Locations of permanent underground shops, diesel fuel storage depots, oil fuel storage depots, hoist rooms, compressors, battery charging stations and explosive storage facilities. Permanent facilities are those intended to exist for one year or more; and
( 10 ) Significant changes in the ventilation system projected for one year.
( c ) Mine fan data for all active main and booster fans including manufacturer's name, type, size, fan speed, blade setting, approximate pressure at present operating point, and motor brake horsepower rating.
( d ) Diagrams, descriptions or sketches showing how ventilation is accomplished in each typical type of working place including the approximate quantity of air provided, and typical size and type of auxiliary fans used.
( e ) The number and type of internal combustion engine units used underground, including make and model of unit, type of engine, make and model of engine, brake horsepower rating of engine, and approval number.
[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]
<PAGE>   1
                                                                   EXHIBIT 15.5


                     [DELOITTE & TOUCHE LLP LETTERHEAD]






July 25, 1997

DTE Energy Company and
The Detroit Edison Company
Detroit, Michigan

We have made reviews, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of DTE Energy Company and subsidiary companies and of The Detroit
Edison Company and subsidiary companies for the three-month and six-month
periods ended June 30, 1997 and 1996, as indicated in our report dated July 25,
1997.  Because we did not perform an audit, we expressed no opinion on that
information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended June 30, 1997, is
incorporated by reference in the following Registration Statements:


<TABLE>
<CAPTION>
                FORM                        REGISTRATION NUMBER
<S>                                         <C>
                DTE Energy Company
                Form S-3                    33-57545
                Form S-8                    333-00023

                The Detroit Edison Company
                Form S-3                    33-53207
                Form S-3                    33-64296
</TABLE>


We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statements listed above which is prepared or certified by an accountant or a
report prepared or certified by an accountant within the meaning of Sections 7
and 11 of that Act.



Deloitte & Touche LLP

Detroit, Michigan
<PAGE>

                                                                    Exhibit 10.4



                                     October 10, 2002

Ladenburg Thalmann Financial Services Inc.
Ladenburg Capital Management Inc.
590 Madison Avenue, 34th Floor
New York, New York  10022

                                     RE:  EMPLOYMENT AGREEMENT

Gentlemen:

         Reference is made to my Employment Agreement (the "Agreement"), dated
as of August 24, 1999, as amended, with Ladenburg Thalmann Financial Services
Inc. ("LTS") and Ladenburg Capital Management Inc. In light of the current
financial condition of LTS and its subsidiaries, I hereby waive, for the period
September 1, 2002 to December 31, 2002, 25% of any payments due to me for such
period under LTS's Special Performance Incentive Plan (the "Plan") and agree
that such waiver shall not be deemed to be Reason under the Agreement with
respect to any payment due to me under the Plan for the fiscal year ending
December 31, 2002. In addition, I also waive, for the period September 1, 2002
to December 31, 2002, 25% of any payments due to me for such period under
Section 3 of the Second Amendment to the Agreement.

                                          Sincerely,

                                          /s/ Richard Rosenstock

                                          Richard Rosenstock

Acknowledged and agreed this
10th day of October, 2002

Ladenburg Thalmann Financial Services Inc.


By:  /s/ SALVATORE GIARDINA
    -----------------------------
Ladenburg Capital Management Inc.


By:  /s/ ROBERT GORCZAKOWSKI
    -----------------------------
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9585 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9585

To amended title 46, United States Code, to prohibit certain contracts 
      for port operations and management, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2024

   Mrs. Steel (for herself, Mr. Crawford, Mr. Moylan, Mrs. Bice, Mr. 
     Calvert, Mr. Weber of Texas, Mr. LaMalfa, Mrs. Radewagen, Ms. 
 Malliotakis, Mr. Hudson, and Mr. Rutherford) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
To amended title 46, United States Code, to prohibit certain contracts 
      for port operations and management, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Our Ports Act of 2024''.

SEC. 2. PROHIBITION ON CERTAIN CONTRACTS FOR PORT OPERATION AND 
              MANAGEMENT.

    (a) In General.--Subchapter II of chapter 700 of title 46, United 
States Code, is amended by adding at the end the following:
``Sec. 70015. Prohibition on certain contracts for port operation and 
              management
    ``(a) In General.--An owner or operator of a facility for which an 
Area Maritime Transportation Security Plan is required under section 
70103 of this title may not enter into a contract for the ownership, 
leasing, or operation of such facility with an entity that is--
            ``(1) a Chinese, Russian, North Korean, or Iranian state-
        owned enterprise; or
            ``(2) a foreign entity for which any percentage is owned by 
        a country listed in paragraph (1).
    ``(b) Definitions.--In this section, the terms `Area Maritime 
Transportation Security Plan', `facility', and `owner or operator' have 
the meanings given such terms in section 70101 of this title.''.
    (b) Clerical Amendment.--The analysis for chapter 700 of title 46, 
United States Code, is amended by inserting after the item relating to 
section 70014 the following:

``70015. Prohibition on certain contracts for port operation and 
                            management.''.
                                 <all>
```
### THE THIRTEENTH COURT OF APPEALS

13

- 13

- 00476

- CV

VICTOR T. SERRANO

v. MANUEL RAMOS
On Appeal from the County Court at Law No 4 of Hidalgo County , Texas

Trial Cause No. CL

- 11

- 2752

- D

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cau se on appeal, concludes that the judgment of the trial court should be vacated in part, reversed and rendered in part, and affirmed in part . The Court orders the judgment of the trial court VACATED IN PART, REV ERSED AND RENDERED I N PART, AND
AFFIRMED IN P ART . Costs of the appeal are adjudged against appellant. We further order this decision certified below for observance. Ju ne 18, 2015
Exhibit 13.1





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 Annual Report of RADA Electronic Industries Ltd. (the "Company") on Form 20-F for the period ending December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Zvi Alon, 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)  The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.




By:
/s/Zvi Alon *Zvi AlonChief Executive Officer




Date: April 24, 2013





*           The originally executed copy of this Certification will be maintained at the Company's offices and will be made available for inspection upon request.
###### 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.

#### § 75.1401 Hoists; rated capacities; indicators.

Hoists shall have rated capacities consistent with the loads handled. An accurate and reliable indicator of the position of the cage, platform, skip, bucket, or cars shall be provided.

[48 FR 53239, Nov. 25, 1983]
#### § 42.10 Tuition fees.

The National Mine Health and Safety Academy, located in Beckley, West Virginia, will charge tuition fees to all persons attending Academy courses, except employees of Federal, State, or local governments, persons attending the Academy under a program supported through an MSHA State grant, and persons performing a direct service. Also, subject to available resources, MSHA may waive all or part of fees for students, or persons employed by a non-profit organization, who are invited by MSHA to attend an Academy course which would, in the Agency's judgment, contribute to improved conduct, supervision, or management of a function or activity under the Federal Mine Safety and Health Act of 1977 or a function related to an MSHA appropriation. requests for waivers must be in writing.

[62 FR 60985, Nov. 13, 1997]
#### VAN EPPS v. BROOKS et al.

(Supreme Court, Appellate Division, Fourth Department.

March 15, 1905.)

Action by Catherine Van Epps against Levi Brooks and. others.

PER CURIAM.

Motion to dismiss appeal granted, with $10 costs, unless the appellant shall, within 20 days from the date of service of a copy of this order, together with notice of entry thereof, file and serve the printed papers on appeal, as provided in Rule 41, and pay to the respondents’ attorney $10 costs of this motion, and give an undertaking for the costs on appeal and to indemnify the plaintiff, and such other parties hereto as are similarly interested, *1149against damage which they may suffer by reason of the delay caused by the failure of the appellant to place the appeal on th§ calendar. The form of the undertaking to be settled by and before McLENNAN, P. J., on five days’ notice.
#### In the Matter of the Claim of John W. Pratt, Appellant, v Kenneth E. Morse, Jr., Doing Business as Ken’s Arco Station, Respondent. Workmen’s Compensation Board, Respondent.

Appeal from a decision of the Workmen’s Compensation Board, filed November 11, 1976. On February 24, 1974, claimant injured his back getting out of a truck resulting in a herniated disc which wás excised on March 1, 1974. Claimant alleges that the accident occurred while he was in the employ of Kenneth E. Morse, Jr., doing business as Ken’s Arco Station. An award was made to claimant by the referee against Morse as an uninsured employer who defaulted in making payments, and the Uninsured Employers’ Fund was notified on January 24, 1975 of the default. Upon application of the fund, the case was restored to the referee’s calendar for further consideration. The referee *1105reaffirmed the original award which, upon review, was reversed by the board in its decision of November 11, 1976. Claimant testified that after the accident he told a representative of workmen’s compensation that "if I am allowed to go back to work, I’ll go back to Kenneth E. Morse and we had started a partnership”. Morse testified that around the first part of February, 1974, he and claimant made an oral agreement to go into partnership; that they purchased a truck with a loan made by them both; and that they agreed with reference to the sharing of profits and for the payment of the truck by claimant which was part of the down payment of going into business. The accountant for the business certified that claimant and Morse were operating as a partnership on February 25, 1974. The board found "that on February 25, 1974, claimant and Kenneth Morse, Jr. were operating a business as a joint venture in contemplation of the establishment of a formal partnership” and "that no employer-employee relationship existed.” The decision of the board is supported by substantial evidence and should be affirmed. Decision affirmed, without costs. Sweeney, J. P., Staley, Jr., Main, Larkin and Mikoll, JJ., concur.
§ 585.212 What is area identification? ( a ) Area identification is the process by which BOEM delineates one or more OCS areas for leasing consideration and environmental analysis if the areas appear appropriate for renewable energy development. This process is based on an area's relevant attributes, such as other uses of the area, environmental factors or characteristics, stakeholder comments, industry nominations, feasibility for development, and other relevant information. BOEM consults with interested parties during this process as specified in § 585.210(b)(2).
( b ) BOEM may consider areas nominated by respondents to a Call and other areas determined appropriate for leasing.
( c ) For the identified areas, BOEM will evaluate: ( 1 ) The potential effects of leasing the identified areas on the human, marine, and coastal environments;
( 2 ) The feasibility of development; and
( 3 ) Potential measures, including lease stipulations, to mitigate potential adverse impacts. Such measures are identified and refined through the area identification process, as well as through environmental review and consultations and published for comment in the Proposed Sale Notice.
( d ) BOEM may hold public hearings on the environmental analyses associated with leasing the identified areas, after appropriate notice.
( e ) At the end of the area identification, BOEM may offer selected areas for leasing.
#### § 57.19094 Posting signal code.

A legible signal code shall be posted prominently in the hoist house within easy view of the hoistmen, and at each place where signals are given or received.
Exhibit No. 32.  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 report of Questar Pipeline Company on Form 10-K for the period ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), R. Allan Bradley, President & Chief Executive Officer of the Company, and S. E. Parks, Vice President & Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:  (1) The Report fully complies with the requirements of Section 13(a) or Section 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.  QUESTAR PIPELINE COMPANY   March 11, 2009 /s/R. Allan Bradley ` R. Allan Bradley President & Chief Executive Officer    March 11, 2009 /s/S. E. Parks S. E. Parks Vice President & Chief Financial Officer
**Exhibit 99.3**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350**

 

Theundersigned hereby certifies that the Form 10-Q Quarterly Report of EldoradoResorts LLC and Eldorado Capital Corp. (collectively, the “Company”) for thequarterly period ended March 31, 2003 filed with the Securities and ExchangeCommission (the “Report”) fully complies with the requirements of Section 13(a)or 15(d) of the Securities Exchange Act of 1934 and that the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated: May  13, 2003 | By:    | /s/ Gene R.  Carano                                                 |   |
|----------------------|--------|---------------------------------------------------------------------|--------|
|                 |   | Gene R.  Carano, Chief Financial Officer  of Eldorado Capital Corp. |

 

A signedoriginal of this written statement required by 18 U.S.C. Section 1350 has beenfurnished to Eldorado Resorts LLC and Eldorado Capital Corp. and will beretained by Eldorado Resorts LLC and Eldorado Capital Corp. and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. AP -76,821

EX P ARTE JEFF ERY DALE CHAMBERLAIN, Appli cant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. F 0916778-A IN THE 420th DIST RICT COURT

F ROM NAC OGDOCHES COUNTY
Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 4 1 8 S
. W
. 2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of possession of a controlled substance with intent to deliver and one count of possession of a cer tain chemica l with intent to manufa cture a controlled substance. He was sentenc ed to twenty year s’ imprisonment in each c ount. Applicant contends that he was deprive d of his me aning ful right to a dire ct appea l be cause his counsel, through no fault of his own, fa iled to timely file a notice of appe al. The trial court has deter

mined that counsel, through no fault of his own, failed to timely file2

a notice of appea l. We find that Applicant is entitled to the opportunity to file an out-of-time appea l of the judgme nt of conviction in Cause No
. F0916778-A from the 420th District Court of Nac og doches County
. App l icant is order ed returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of counsel, obtain a meaningf ul appea l. Within ten day s of the issuance of this opinion, the trial court shall deter mine whether Applicant is indige nt. I f Appli cant is indi gen t an d wishes t o be represe nted by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appeal. All time limit s shall be calc ulated as if the sentenc e had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appe al in the trial cour t within 30 day s after

the mandate of this Court issues. Copies of this opinion shall be sent to the Texas Depa rtment o f Criminal J ustice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: J une 20, 2012 Do not publish
### §4000. Income taxes

#### (a) Deferral of tax

Upon notice to the Internal Revenue Service or the tax authority of a State or a political subdivision of a State, the collection of income tax on the income of a servicemember falling due before or during military service shall be deferred for a period not more than 180 days after termination of or release from military service, if a servicemember's ability to pay such income tax is materially affected by military service.

#### (b) Accrual of interest or penalty

No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred under this section.

#### (c) Statute of limitations

The running of a statute of limitations against the collection of tax deferred under this section, by seizure or otherwise, shall be suspended for the period of military service of the servicemember and for an additional period of 270 days thereafter.

#### (d) Application limitation

This section shall not apply to the tax imposed on employees by section 3101 of title 26.

(Oct. 17, 1940, ch. 888, title V, §510, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2858.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 570 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 510 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189; Pub. L. 102–12, §9(23), Mar. 18, 1991, 105 Stat. 41, related to leave of absence for homestead entrymen to perform farm labor, prior to the general amendment of this Act by Pub. L. 108–189.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.