alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 5, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41457

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOEL P. KUBIK,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-883-ALL

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

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Joel P. Kubik

raises arguments that are foreclosed by United States v.

Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that

Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render

21 U.S.C. § 841 unconstitutional on its face. The Government’s

motion for summary affirmance is GRANTED, and the judgment of the

district court is AFFIRMED.
#### PEOPLE ex rel. CUNNINGHAM et al., Appellants, v. FEITNER et al., Tax Com’rs, Respondents.

(Supreme Court, Appellate Division, Second Department.

January 27, 1905.)

Proceedings by the people of the state of New York, on the relation of Mary H. Cunningham and others, against Thomas L. Feitner and others. tax commissioners of the city of New York.

PER CURIAM.

Orders reversed, with $10 costs and disbursements, on authority of People ex rel. Edison El. Ill. Co. v. Feitner, 86 App. Div. 46, 83 N. Y. Supp. 1114, affirmed 178 N. Y. 577. 70 N. E. 1106. Settle order before HIRSCHBERG, P. J.
### §1125. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, act July 9, 1952, ch. 608, pt. VII, §715, as added July 30, 1956, ch. 789, §4(b), 70 Stat. 729, related to applicability of laws to female officers, their dependents and beneficiaries and to determination of dependency.
§ 721.11 Extent. The authorized representative of the Secretary shall conduct inspections of surface coal mining and reclamation operations subject to regulation under the Act— ( a ) On the basis of not less than two consecutive State inspection reports indicating a violation of the Act, regulations or permit conditions required by the Act;
( b ) On the basis of information provided by a State or any person which gives rise to a reasonable belief that the provisions of the Act, regulations or permit conditions required by the Act are being violated, or that a condition or practice exists which creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources; and
( c ) On a random basis of at least one complete inspection each 6 months. A complete inspection is an onsite review of the operator's compliance with all applicable standards in these regulations within the entire area disturbed or affected by mining.
#### § 57.11037 Ladderway openings.

Ladderways constructed after November 15, 1979, shall have a minimum unobstructed cross-sectional opening of 24 inches by 24 inches measured from the face of the ladder.
#### Marie Aschmutat, Appellant, v. State of New York, Respondent. Willie Aschmutat, an Incompetent Person, by Marie Aschmutat, as Committee of His Person and Property, Appellant, v. State of New York, Respondent.

— Motion denied, without costs.
§ 74.16 Material required for record. ( a ) As part of the permanent record of the approval application process, NIOSH will retain a complete CMDPSU or CPDM, as appropriate, and MSHA will retain a CMDPSU or CPDM, as appropriate, that has been tested and certified. Material not required for record purposes will be returned to the applicant at the applicant's request and expense upon receipt of written shipping instructions by MSHA or NIOSH.
( b ) As soon as a CMDPSU or CPDM, as appropriate, is commercially available, the applicant shall deliver a complete sampling device free of charge to NIOSH at the address specified on the NIOSH Web page: *http://www.cdc.gov/niosh/mining .*
<PAGE>

                                                                      EXHIBIT 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 Annual Report of Integra Bank Corporation (the "Company")
on Form 10-K for the period ending December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned certify, 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
                  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 results of operations of the
Company.

/s/ Michael T. Vea
--------------------------
Chief Executive Officer
March 8, 2007

/s/ Martin M. Zorn
--------------------------
Chief Financial Officer
March 8, 2007
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE PERIOD ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                   DEC-31-1998
<PERIOD-START>                      JAN-01-1998
<PERIOD-END>                        SEP-30-1998
<CASH>                                   75,662
<SECURITIES>                             19,204
<RECEIVABLES>                            23,665
<ALLOWANCES>                                226
<INVENTORY>                                   0
<CURRENT-ASSETS>                        143,065
<PP&E>                                   23,667
<DEPRECIATION>                            5,850
<TOTAL-ASSETS>                          187,806
<CURRENT-LIABILITIES>                    35,926
<BONDS>                                     552
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                  2,918
<OTHER-SE>                              147,868
<TOTAL-LIABILITY-AND-EQUITY>            187,806
<SALES>                                       0
<TOTAL-REVENUES>                        111,597
<CGS>                                         0
<TOTAL-COSTS>                            58,654
<OTHER-EXPENSES>                         36,229
<LOSS-PROVISION>                            226
<INTEREST-EXPENSE>                          233
<INCOME-PRETAX>                          19,631
<INCOME-TAX>                              8,694
<INCOME-CONTINUING>                      10,937
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                             10,937
<EPS-PRIMARY>                               .40
<EPS-DILUTED>                               .29
        
<FN>
Amounts inapplicable or not disclosed as a separate line on the Statement of
Financial Position or Results of Operations are reported as 0 herein.
</FN>

</TABLE>
<PAGE>   1
                                                                    EXHIBIT 10.3



                    FIRST AMENDMENT TO AMENDED AND EXTENDED
                              EMPLOYMENT AGREEMENT

This Amendment amends that certain Amended and Extended Employment Agreement
(the "Agreement") dated as of June 25, 1996 effective as of March 1, 1996,
between InterVoice, Inc., a Texas corporation with its principal executive
offices at 17811 Waterview Parkway, Dallas, Texas 75252 (the "Company"), and
Daniel D. Hammond (the "Employee").

1.       The first four lines of the definition for "Applicable EPS Bonus
         Percentage" are amended in their entirety to read as follows:

                 "Applicable EPS Bonus Percentage" means, with respect to the
                 applicable fiscal year, the percentage set forth in the
                 right-hand column below as determined with reference to the
                 increase or decrease in the Company's earnings per share
                 between such fiscal year and the greater of $1.05 or the
                 earnings per share for the immediately preceding fiscal year:

2.       The first four lines of the definition for "Applicable Revenue Bonus
         Percentage" are amended in their entirety to read as follows:

                 "Applicable Revenue Bonus Percentage" means, with respect to
                 the applicable fiscal year, the percentage set forth in the
                 right-hand column below as determined with reference to the
                 increase or decrease in the Company's total revenues between
                 such fiscal year and the greater of $97,103,054 or the total
                 revenues for the immediately preceding fiscal year:

The Agreement, as amended hereby, is hereby ratified, confirmed and approved.

IN WITNESS WHEREOF, the parties have executed this Amendment as of June 25,
1996, effective for all purposes as of March 1, 1996.
                                      
                                      InterVoice, Inc.
                                      
                                      
                                      By: /s/ MICHAEL W. BARKER
                                          --------------------------------------
                                      Name: Michael W. Barker
                                            ------------------------------------
                                      Title: President & Chief Operating Officer
                                             -----------------------------------


                                      /s/ DANIEL D. HAMMOND
                                      ------------------------------------------
                                      Daniel D. Hammond
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00252-CV

__________________

IN THE INTEREST OF G.F., S.F., AND A.F.

__________________________________________________________________

On Appeal from the 88th District Court

Hardin County, Texas

Trial Cause No. 63404

__________________________________________________________________

MEMORANDUM OPINION

After Mother filed a notice to appeal from the trial court’s judgment 

terminating the parent-child relationships between Mother, Father, and their 

children—G.F., S.F., and A.F.—Mother filed a motion for new trial. The trial court 

granted Mother’s motion on August 17, 2023. See Tex. R. Civ. P. 329b(e). 

On August 24, 2023, we notified the parties that unless we received a response 

explaining why the Court should retain the appeal, we would dismiss the appeal as 

moot after August 31, 2023. We received no objection to the letter that we sent to 

the parties notifying them that the Court intended to dismiss the appeal. 
2

Accordingly, we dismiss the appeal. SeeTex. R. App. P. 43.2(f). The mandate

will issue with the Court’s judgment. See id. 18.6.

APPEAL DISMISSED.

PER CURIAM

Submitted on September 13, 2023

Opinion Delivered September 14, 2023

Before Golemon, C.J., Horton and Wright, JJ.
[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27108]


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

FEDERAL DEPOSIT INSURANCE CORPORATION


FDIC Advisory Committee on Economic Inclusion; Notice of Charter 
Renewal

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of renewal.

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

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act (``FACA''), and after consultation with the General Services 
Administration, the Chairman of the Federal Deposit Insurance 
Corporation has determined that renewal of the FDIC Advisory Committee 
on Economic Inclusion (``the Committee'') is in the public interest in 
connection with the performance of duties imposed upon the FDIC by law. 
The Committee has been a successful undertaking by the FDIC and has 
provided valuable feedback to the agency on important initiatives 
focused on expanding access to banking services for underserved 
populations. The Committee will continue to provide advice and 
recommendations on initiatives to expand access to banking services for 
underserved populations. The Committee will continue to review various 
issues that may include, but not be limited to, basic retail financial 
services such as low-cost, sustainable transaction accounts, savings 
accounts, small dollar lending, prepaid cards, money orders, 
remittances, the use of new technologies, and other services to promote 
access to the mainstream banking system, asset accumulation, and 
financial stability. The structure and responsibilities of the 
Committee are unchanged from when it was originally established in 
November 2006. The Committee will continue to operate in accordance 
with the provisions of the Federal Advisory Committee Act.

FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Feldman, Committee 
Management Officer of the FDIC, at (202) 898-7043.

    Dated: December 3, 2020.

Federal Deposit Insurance Corporation.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2020-27108 Filed 12-9-20; 8:45 am]
BILLING CODE 6714-01-P
### §3733. Limitation on use of funds until certain permits obtained

#### (a) In general

The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Program in a state of the former Soviet Union before obligating more than 40 percent of the total costs of that phase of the project.

#### (b) Use of funds for new construction projects

Except as provided in subsection (c), with respect to a new construction project to be carried out by the Program, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary—

(1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and

(2) obtains from the state in which the project is to be located any permits that may be required to begin construction.

#### (c) Exception to limitations on use of funds

The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—

(1) determines that it is necessary in the national interest to obligate funds for such project; and

(2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.

#### (d) Definitions

In this section, with respect to a project under the Program:

(1) The term "new construction project" means a construction project for which no funds have been obligated or expended as of November 24, 2003.

(2) The term "permit" means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction.

(Pub. L. 113–291, div. A, title XIII, §1333, Dec. 19, 2014, 128 Stat. 3602.)
### §424. Transferred

#### **Editorial Notes**

#### Codification

Section 424, comprising section 603 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3124 of this title.
Exhibit 32.2  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 Discovery Oil, Ltd, (the "Company") on Form 10-QSB for the period ending June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, M. Jeanett Ippolito, Secretary of the Company, certify, 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 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 results of operations of the Company.   /s/ M. Jeanett Ippolito By  ____________________________________ M. Jeanett Ippolito Secretary Date:  August 14, 2007
#### Jacob M. Haubrick *vs.*John Johnston.

December 14, 1876.

Verdict Sustained on the Evidence. — The sufficiency of evidence to sustain a verdict considered.

Good Faith of Transfer, when Immaterial. — One having no title to property cannot raise the question of the good faith of an assignment of it by the owner.

Appeal b)'- defendant from an order of the district court for Nicollet county, *llameóme,*J., presiding, granting anew trial.

*Gluts. R. Davis*and *D. St. Julien Gox,*for appellant.

*Lucid*efi *Stone,*for respondent.

Gilfillax, C. J.

This was an action to recover the possession of various articles of personal property in the possession of defendant, at a tannery in St. Peter. A verdict was rendered for defendant, and a new trial granted on the ground that the verdict was not justified by the evidence, and from the order granting it the defendant appeals to this court.

The property, or the greater paid of it, originally belonged to one Paul, who assigned it, by an instrument in writing, to plaintiff. Defendant claimed to own the property, or an interest in it, and claimed'to have acquired such ownership under an agreement between him and Paul, by which he was to work for Paul, in the tannery, for a fixed salary and one-half the profits of the business, and’by which, as he claimed, he was to own an interest in the property when his half of the profits should equal half the cost of the property; and he claims that his half of the profits amounted to enough to entitle him, under the agreement, to be an owner of the property. It appears, however, beyond question, that he and Paul had submitted the matters growing out of this agreement to arbitrators, who made an award — afterwards confirmed by the court — in which they found that there had been no profits in the business of the *238tannery. This disposed of defendant’s claim to the property which he set up under the agreement.

He also contended that the assignment of the property by Paul to plaintiff was not a *bona fide*assignment. So far as any part of the property did not belong to Paul, of course the assignment, whether made in good faith or bad faith, could not affect such property, and, as the assignment appears to have been good between the parties to it, defendant cannot object to the property of Paul, to which he had no title, passing by it. The good or bad faith of the assignment as to such property is a matter in which he has no interest, and he, therefore, cannot raise the question.

Order affirmed.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,914

EX PARTE WALLACE ABREGO SCHODTS, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 3409-B IN THE 394TH DISTRICT COURT

FROM BREWSTER COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of less

than one gram of cocaine and sentenced to three years’ imprisonment. He did not appeal his

conviction. 

The trial court has found that Applicant was convicted of a state jail felony but was assessed

an unauthorized sentence of three years when his community supervision was revoked. Applicant

is entitled to relief. Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006).
SCHODTS - 2

Relief is granted. The judgment in Cause No. 3409 in the 394th Judicial District Court of

Brewster County is set aside, and Applicant is remanded to the custody of the Sheriff of Brewster

County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: May 7, 2008

Do Not Publish
#### In the Matter of the Construction of the Will of Margaret Harries, Deceased. Robert Harries, Appellant; Genevieve B. Hall, as Administratrix, C. T. A., Respondent.

Motion by respondent to dismiss appeal granted, with $10 costs, and appeal dismissed. Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.
#### Simon Cruz, Appellant, v. W. Wallch Corp. et al., Respondents. Workmen’s Compensation Board, Respondent.

Motion to compel the Workmen’s Compensation Board to accept notice of appeal denied, without costs.
###### 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.

#### § 75.1101-9 Back-up water system.

One fire hose outlet together with a length of hose capable of extending to the belt drive shall be provided within 300 feet of each belt drive.
### §3334t. Program for beyond 5G

#### (a) Establishment

The Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, may initiate or otherwise carry out a program dedicated to research and development efforts relevant to 6G technology and any successor technologies, but only if such efforts are specific to potential applications of 6G technology (or any successor technologies) for the intelligence community or for other national security purposes.

#### (b) Consultation and coordination

In carrying out any program under subsection (a), the Director shall consult and coordinate with—

(1) relevant—

(A) heads of Federal departments and agencies, including the Administrator of the National Telecommunications and Information Administration;

(B) interagency bodies, such as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector;

(C) private sector entities;

(D) institutions of higher learning; and

(E) federally funded research and development centers; and

(2) such other individuals and entities as the Director determines appropriate.

#### (c) 6G technology defined

In this section, the term "6G technology" means hardware, software, or other technologies relating to sixth-generation wireless networks.

(Pub. L. 118–31, div. G, title V, §7508, Dec. 22, 2023, 137 Stat. 1090.)

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

#### Definitions

For definition of "intelligence community" as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.