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

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re ExxonMobil Oil Corporation

Appellate case number: 01-22-00088-CV

Trial court case number: 2021-83044

Trial court: 113th District Court of Harris County

On February 8, 2022, relator, ExxonMobil Oil Corporation, filed a petition for a 

writ of mandamus. In its mandamus petition, relator argues that the trial court abused its 

discretion by failing to enter a temporary restraining order to preserve the status quo 

pending a hearing on its request for a temporary injunction. 

In connection with its mandamus petition, relator also filed a “Verified Motion for 

Emergency Relief,” seeking “temporary relief in the form of a stay order.” Relator’s 

motion sought a stay of the closing of a transaction for the purchase of several properties 

between real parties in interest Landmark Industries, Landmark Industries Energy, 

Landmark Petroleum, and Landmark Industries Holdings (collectively, “Landmark”), on 

the one hand, and Shell Retail and Convenience Operations on the other. In their motion, 

relator argued that the stay was necessary to preserve the status quo “long enough for a 

temporary injunction hearing to take place,” because, relator contended, it holds a right of 

first refusal to sixty-four tracts of land which are purportedly included in the transaction 

between Landmark and Shell. 

On February 9, 2022, the Court granted relator’s emergency motion, staying the 

closing of the transaction between Landmark and Shell. Neither Landmark nor Shell filed 

a response to relator’s emergency motion to stay prior to the issuance of our February 9, 

2022 order. 

On February 17, 2022, Landmark and Shell jointly filed an “Emergency Verified 

Motion of Real Parties in Interest to Dissolve the February 9, 2022 Stay Order or, in the 

Alternative, Require Relator to Post Bond.” In their motion, real parties in interest (referred 

to as “real parties”) requested that this Court’s “stay be dissolved, or alternatively, that 
[relator] be required to post bond, no later than 5:00 p.m., February 18, 2022.”1

 On 

February 18, 2022, the Court requested relator respond to the motion to dissolve no later 

than 9:00 a.m. on February 22, 2022. Relator filed a response to the motion to dissolve on 

February 22, 2022.

Real parties’ motion to dissolve the Court’s February 9, 2022 stay order is denied. 

The Court’s February 9, 2022 order staying the closing of the transaction between 

Landmark and Shell remains in effect until the disposition of relator’s petition for writ of 

mandamus or further order of this Court.

It is so ORDERED.

Judge’s signature: /s/ Sherry Radack

 Acting for the Court

Panel consists of: Chief Justice Radack and Justices Countiss and Farris.

Date: February 24, 2022

1 We note that real parties’ in interest motion does not state why its requested relief was 

needed “no later than 5:00 p.m., February 18, 2022.”
#### James H. Cator, Appellant, v Neil J. Bauman et al., Respondents.

[833 NYS2d 811]—

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered December 20, 2005. The order granted defendants’ motions to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motions in part and reinstating the breach of contract cause of action and as modified the order is affirmed without costs.

Memorandum: When plaintiff decided to take an early retirement from his employer, he investigated rolling his pension over into a different type of investment. On the recommendation of defendant Neil J. Bauman, a broker for defendant Wall Street Financial Group, Inc., that plaintiff invest in a variable annuity, he purchased such an annuity on August 10, 1999 and, after suffering significant losses, he sold the annuity in February 2003. Plaintiff commenced this action in August 2005 seeking monetary damages. Supreme Court granted the respective motions of defendants to dismiss the complaint against them and, on appeal, plaintiff contends only that the court erred in granting those parts of the motions with respect to the breach of fiduciary duty, breach of contract and negligence causes of action. We conclude that the court properly dismissed the breach of fiduciary duty and negligence causes of action, but erred in dismissing the breach of contract cause of action.

In seeking dismissal of the complaint, each defendant asserted, inter alia, that the causes of action were time-barred *(see*CPLR 3211 [a] [5]). The statute of limitations for the breach of fiduciary duty cause of action is three years inasmuch as plaintiff seeks only monetary damages *(see Bouley v*Bouley, 19 AD3d 1049, 1051 [2005]; *Kaufman v Cohen,*307 AD2d 113, 118 [2003]; *see generally Loengard v Santa Fe Indus.,*70 NY2d 262, 266-267 [1987]). The statute of limitations for the negligence cause of action is also three years *(see*CPLR 214 [4]; *Chase Scientific Research v NIA Group,*96 NY2d 20, 30-31 [2001]). The *1264complaint was filed over three years after any of the purported further acts or omissions by Bauman and, therefore, those causes of action are time-barred.

Inasmuch as the statute of limitations for the breach of contract cause of action is six years, that cause of action is not time-barred *(see*CPLR 213 [2]). Defendants, however, also sought dismissal of the complaint for failure to state a cause of action *(see*CPLR 3211 [a] [7]), and the court concluded that plaintiff had failed to state a cause of action for breach of contract. That was error. Considering both the complaint and plaintiffs affidavit in opposition to the motions to dismiss the complaint *(see Leon v Martinez,*84 NY2d 83, 88 [1994]), we conclude that plaintiff sufficiently pleaded the requisite elements of a cause of action for breach of contract *(see Furia v Fuña,*116 AD2d 694, 695 [1986]). We therefore modify the order accordingly. Present—Scudder, P.J., Centra, Lunn, Peradotto and Pine, JJ.
### §§68 to 71. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 68, acts Mar. 4, 1909, ch. 319, §47, 35 Stat. 1075; June 28, 1950, ch. 383, title IV, §402(i), 64 Stat. 273; Oct. 31, 1951, ch. 654, §2(28), 65 Stat. 708, authorized sale of obsolete ordnance for public parks, public buildings and soldiers' monuments purposes. See sections 4684 and 9684 of Title 10, Armed Forces.

Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized sale of individual pieces of armament. See section 2574 of Title 10.

Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28, 1950, ch. 383, title IV, §402(h), 64 Stat. 273, authorized sale of ordnance property to officers of the Navy and Marine Corps. See section 4625 and 9625 of Title 10.

Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized sale of ordnance stores to civilian employees of Army and to American National Red Cross. See sections 4625 and 9625 of Title 10.
EXHIBIT 32.2

WRITTEN STATEMENT

PURSUANT TO

18 U.S.C. SECTION 1350

In connection with Quarterly Report of Comtech Group, Inc. and its
subsidiaries (the Company) on Form 10-Q for the period ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Hope Ni, Chief Financial Officer of the
Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report
fully complies with the requirements of Section 13a-14(b) or 15d-14(b) 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.



|                    |  |        |  |                        
|------------------- |  | ------ |  | -----------------------
|Dated: May 15, 2006 |  | By:    |  | /s/ Hope Ni            
|                    |  | Name:  |  | Hope Ni                
|                    |  | Title: |  | Chief Financial Officer
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.

§ 75.1101-14 Installation of dry powder chemical systems. ( a ) Self-contained dry powder chemical systems shall be installed to protect each belt-drive, belt takeup, electrical-controls, gear reducing units and 50 feet of fire-resistant belt or 150 feet of non-fire-resistant belt adjacent to the belt drive.
( b ) The fire-control components of each dry powder chemical system shall be a type approved by the Underwriters' Laboratories, Inc., or Factory Mutual Engineering Corp.
( c ) The components of each dry powder chemical system shall be located so as to minimize the possibility of damage by roof fall or by the moving belt and its load.
#### § 56.13011 Air receiver tanks.

Air receiver tanks shall be equipped with one or more automatic pressure-relief valves. The total relieving capacity of the relief valves shall prevent pressure from exceeding the maximum allowable working pressure in a receiver tank by not more than 10 percent. Air receiver tanks also shall be equipped with indicating pressure gauges which accurately measure the pressure within the air receiver tanks.
### SUBCHAPTER II—ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
§ 56.6405 Firing devices. ( a ) Power sources shall be capable of delivering sufficient current to energize all electric detonators to be fired with the type of circuits used. Storage or dry cell batteries are not permitted as power sources.
( b ) Blasting machines shall be tested, repaired, and maintained in accordance with manufacturer's instructions.
( c ) Only the blaster shall have the key or other control to an electrical firing device.
### §3605. Disclosure of Agency's organization, function, activities, or personnel

(a) Except as provided in subsection (b) of this section, nothing in this chapter or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935) 1 shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency.

(b) The reporting requirements of section 1582 of title 10 1 shall apply to positions established in the National Security Agency in the manner provided by section 3603 1 of this title.

(Pub. L. 86–36, §6, May 29, 1959, 73 Stat. 64.)

#### **Editorial Notes**

#### References in Text

The first section and section 2 of the Act of August 28, 1935, referred to in subsec. (a), are sections 1 and 2 of act Aug. 28, 1935, ch. 795, 49 Stat. 956, 957, which were classified to section 654 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 86–626, title I, §101, July 12, 1960, 74 Stat. 427.

Section 1582 of title 10, referred to in subsec. (b), was repealed by Pub. L. 97–295, §1(19)(A), Oct. 12, 1982, 96 Stat. 1290, and a new section 1582, relating to assistive technology, was subsequently added by Pub. L. 106–398, §1 [[div. A], title XI, §1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.

Section 3603, referred to in subsec. (b), was repealed by Pub. L. 104–201, div. A, title XVI, §1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.

#### Codification

Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

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

#### Effective Date

Section effective on the first day of the first pay period which begins later than the thirtieth day following May 29, 1959, see section 8 of Pub. L. 86–36, set out as a note under section 3604 of this title.

1 See References in Text note below.
#### § 56.12022 Authorized persons at major electrical installations.

Areas containing major electrical installations shall be entered only by authorized persons.
### §402b. Transferred

#### **Editorial Notes**

#### Codification

Section 402b, comprising section 902 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3382 of this title.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsGeneral Fluid System Simulation Program to Model Secondary Flows in TurbomachineryThe complexity and variety of turbomachinery flow circuits created a need for a general fluid system simulation program for test data anomaly resolution as well as design review. The objective of the paper is to present a computer program that has been developed to support Marshall Space Flight Center's turbomachinery internal flow analysis efforts. The computer program solves for the mass. energy and species conservation equation at each node and flow rate equation at each branch of the network by a novel numerical procedure which is a combination of both Newton-Ralphson and successive substitution method and uses a thermodynamic property program for computing real gas properties. A generalized, robust, modular, and 'user-friendly' computer program has been developed to model internal flow rates, pressures, temperatures, concentrations of gas mixtures and axial thrusts. The program can be used for any network for compressible and incompressible flows, choked flow, change of phase and gaseous mixturecs. The code has been validated by comparing the predictions with Space Shuttle Main Engine test data.Document ID19960047491Acquisition SourceMarshall Space Flight CenterDocument TypeConference PaperAuthorsMajumdar, Alok K.*(Sverdrup Technology, Inc. Huntsville, AL United States)*Van Hoosier, Katherine P.*(NASA Marshall Space Flight Center Huntsville, AL United States)*Date AcquiredSeptember 6, 2013Publication DateJuly 12, 1995Subject CategoryFluid Mechanics And Heat TransferReport/Patent NumberNAS 1.15:111624NASA-TM-111624Meeting InformationMeeting: Joint Propulsion ConferenceLocation: San Diego, CACountry: United StatesStart Date: July 10, 1995End Date: July 12, 1995Sponsors:Society of Automotive Engineers, Inc.,American Society of Mechanical Engineers,American Inst. of Aeronautics and AstronauticsAccession Number96N33157Funding Number(s)CONTRACT_GRANT: NAS8-37814Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19960047491.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
**CERTIFICATION PURSUANT TO**


**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18 U.S.C. SECTION 1350)**








In connection with the accompanying Quarterly Report of Radale Imports, Inc. (the "Company") on Form 10-QSB for the quarter ended September 30, 2004 (the "Report"), I, Lee D. Dodson, Chief Financial Officer of the Company, hereby certify that to my knowledge:





(1)  The Report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §78o(d)); and





(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated: November 1, 2004


****Date: November 1, 2004
By:
/s/ Lee D. DodsonLee D. DodsonChief Financial Officer




The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350) and is not being filed as part of the Form 10-QSB or as a separate disclosure document.





Exhibit 32.1
<PAGE>   1

                                                                      Exhibit 15

Securities and Exchange Commission
450 Fifth Street, N.W.
Judiciary Plaza
Washington, D.C. 20549

Commissioners:

We are aware that our report dated July 18, 2000 on our review of the interim
financial information of Dexter Corporation (the "Company") as of June 30, 2000
and 1999, and for the three and six month periods then ended and included in the
Company's quarterly report on Form 10-Q for the quarter ended June 30, 2000 is
incorporated by reference in its Registration Statements on Form S-8,
Registration Nos. 2-63959, 33-27597, 33-53307, 33-53309, 333-02985, 333-04081,
333-42663 and 333-76873.

Very truly yours,



/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP

Hartford, Connecticut
July 21, 2000
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsFinite Element Analysis of a NASA National Transonic Facility Wind Tunnel BalanceThis paper presents the results of finite element analyses and correlation studies performed on a NASA National Transonic Facility (NTF) Wind Tunnel balance. In the past NASA has relied primarily on classical hand analyses, coupled with relatively large safety factors, for predicting maximum stresses in wind tunnel balances. Now, with the significant advancements in computer technology and sophistication of general purpose analysis codes, it is more reasonable to pursue finite element analyses of these balances. The correlation studies of the present analyses show very good agreement between the analyses and data measured with strain gages and therefore the studies give higher confidence for using finite element analyses to analyze and optimize balance designs in the future.Document ID19960055179Acquisition SourceLangley Research CenterDocument TypeConference PaperAuthorsLindell, Michael C.*(NASA Langley Research Center Hampton, VA United States)*Date AcquiredSeptember 6, 2013Publication DateJanuary 1, 1996Subject CategoryResearch And Support Facilities (Air)Report/Patent NumberNASA-TM-110481NAS 1.15:110481Meeting InformationMeeting: International Symposium on Strain-Gage BalancesLocation: Langley, VACountry: United StatesStart Date: October 22, 1996End Date: October 25, 1996Accession Number96N36947Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19960055179.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
====================================================================================================================================Exhibit 31-23**SECTION 302 CERTIFICATION**I, Anthony F. Earley, Jr., certify that: 1. I have reviewed this Form 10-Q for the quarterly period ended March 31, 2006 of TheDetroit Edison Company;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b. (Intentionally omitted)  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  d. Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a. All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.   /s/ ANTHONY F. EARLEY, JR. Date: May 10, 2006      Anthony F. Earley, Jr.
# C_2023305EN.01000501.xml

| 29.8.2023 | EN | Official Journal of the European Union | C 305/5 |
| --- | --- | --- | --- |

29.8.2023

EN

Official Journal of the European Union

C 305/5

---

Non-opposition to a notified concentration

(Case M.11228 – BENTELER / BEIJING AUTOMOTIVE / JVS)

(Text with EEA relevance)

(2023/C 305/05)

On 23 August 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11228. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11228. EUR-Lex is the online point of access to European Union law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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