alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered November 10, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00691-CV

VEREIT REAL ESTATE, L.P., COLE LA DALLAS TX, LLC, COLE LA 

DENTON TX, LLC, AND COLE LA DUNCANVILLE TX, LLC, Appellants

V.

FITNESS INTERNATIONAL, LLC, Appellee

On Appeal from the 14th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-20-18444

ORDER

By letter filed November 9, 2022, court reporter Diane L. Robert informs the 

Court that volume 5, an exhibit volume, of the reporter’s record filed September 

16, 2022, included “incorrect exhibits.” She notes corrections to volume 5 have 

been made, and a corrected volume has been filed.

In light of the errors and corrections, we STRIKE volume 5 filed September 

16. The appeal shall proceed on the corrected volume 5 filed November 9.

/s/ BILL PEDERSEN, III

JUSTICE
----

| (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. |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: August 7, 2009 |   /s/ Ronald A. Duncan |
|----------------------|-----------------------------|
|                 | Ronald A. Duncan            |
|                 | Chief Executive Officer     |
|                 | General Communication, Inc. |

----
#### Bankers Commercial Corporation, Respondent, v. John Guerra, Jr,, Appellant.

Determination unanimously affirmed, with costs to the respondent. No opinion. Concur — Breitel, J. P., Valente, McNally, Stevens and Bastow, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited financial statements dated March 31, 1997 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                          $ 3,030,411   
<SECURITIES>                                              0   
<RECEIVABLES>                                    15,041,741   
<ALLOWANCES>                                        775,194   
<INVENTORY>                                      22,255,218   
<CURRENT-ASSETS>                                 52,006,559   
<PP&E>                                           22,456,172   
<DEPRECIATION>                                   14,053,667   
<TOTAL-ASSETS>                                   86,788,909   
<CURRENT-LIABILITIES>                            40,451,401   
<BONDS>                                           8,285,033   
<PREFERRED-MANDATORY>                                     0   
<PREFERRED>                                               0   
<COMMON>                                             41,145   
<OTHER-SE>                                       18,173,524   
<TOTAL-LIABILITY-AND-EQUITY>                     14,126,416   
<SALES>                                                   0
<TOTAL-REVENUES>                                 14,126,416  
<CGS>                                            12,364,341  
<TOTAL-COSTS>                                     2,984,496  
<OTHER-EXPENSES>                                  1,328,563  
<LOSS-PROVISION>                                          0  
<INTEREST-EXPENSE>                                  841,980  
<INCOME-PRETAX>                                    (502,087)
<INCOME-TAX>                                        225,999  
<INCOME-CONTINUING>                                (762,671)
<DISCONTINUED>                                            0  
<EXTRAORDINARY>                                           0  
<CHANGES>                                                 0  
<NET-INCOME>                                       (762,671)
<EPS-PRIMARY>                                         (0.20) 
<EPS-DILUTED>                                         (0.20) 
                                                 


</TABLE>
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50807

c/w No. 12-50814

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHARLES NEEL ALEXANDER,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 1:10-CR-622-1

USDC No. 1:12-CR-153-1

Before STEWART, Chief Judge, and OWEN and GRAVES, Circuit Judges.

PER CURIAM:*

Charles Neel Alexander appeals the sentence imposed after revocation of

his supervised release, arguing that the plainly unreasonable standard should

not apply because it is inconsistent with United States v. Booker, 543 U.S. 220

(2005), and that the plain error standard should not apply because he argued for

a sentence at the bottom of the guidelines range in the district court.

United States Court of Appeals

Fifth Circuit

F I L E D

May 23, 2013

Lyle W. Cayce

Clerk
No. 12-50807

c/w No. 12-50814

2

Alternatively, he asserts that the revocation sentence is plainly unreasonable

because the district court revoked his supervised release based on the same

conduct giving rise to his new offense of conviction, his risk of recidivism is low

because he is 61 years old, and the revocation sentence was greater than

necessary to achieve the goals of sentencing set out in 18 U.S.C. § 3553(a).

Booker did not abrogate 18 U.S.C. § 3742(a)(4), and in this circuit, a

preserved challenge to a revocation sentence is reviewed under the plainly

unreasonable standard. United States v. Miller, 634 F.3d 841, 843 (5th Cir.

2011). Because Alexander did not object to the reasonableness of the sentence

at the revocation proceeding, however, review is limited to plain error. See

United States v. Whitelaw, 580 F.3d 259, 265 (5th Cir. 2009). 

Although Alexander’s 24-month revocation sentence is considerably higher

than the four to ten month guidelines policy range, we give due deference to the

district court’s decision that the § 3553(a) factors, on a whole, justified the

variance. See United States v. Kippers, 685 F.3d 491, 500 (5th Cir. 2012). The

district court exercised its discretion to order that the 24-month revocation

sentence be served consecutively to the 10-month sentence imposed for failing

to register as a sex offender conviction. See 18 U.S.C. § 3584; U.S.S.G. § 5G1.3(c)

& comment. (n.3(C)). The district court considered Alexander’s arguments and

allocution and implicitly considered his history and characteristics, including

that he fled from the residential treatment center, failed to participate in

court-ordered sex-offender treatment, and failed to obtain employment while on

supervised release. We have routinely upheld revocation sentences that exceed

the guidelines range but are within the statutory maximum. See Kippers, 685

F.3d at 498-99; Whitelaw, 580 F.3d at 265. Therefore, there was no error, plain

or otherwise. See Kippers, 685 F.3d at 500-01; Whitelaw, 580 F.3d at 265.

AFFIRMED.
#### McKENZIE, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

February 6, 1903.)

Action by Annie M. BleKenzie against the Metropolitan Street Railway Company. A. Ofner, for appellant, V. P. Donihee, for respondent.

No opinion. Judgment and order affirmed, with costs.
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-Q for the period ending June 30, 2010, 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 20, 2010





A signed original of this written statement required by Section 906 has been provided to Discovery Oil, Ltd. and will be retained by the Company to be furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1995 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>


       
<S>                    <C>
<PERIOD-TYPE>          12-MOS
<FISCAL-YEAR-END>      DEC-31-1995
<PERIOD-END>           DEC-31-1995

<CASH>                          7,538,476 
<SECURITIES>                         0    
<RECEIVABLES>                     621,315 
<ALLOWANCES>                         0    
<INVENTORY>                          0    
<CURRENT-ASSETS>                8,159,795 
<PP&E>                         23,305,289 
<DEPRECIATION>                  2,321,280 
<TOTAL-ASSETS>                 62,807,092 
<CURRENT-LIABILITIES>             442,328 
<BONDS>                              0    
<COMMON>                             0    
<PREFERRED-MANDATORY>                0    
<PREFERRED>                          0    
<OTHER-SE>                     54,131,208 
<TOTAL-LIABILITY-AND-EQUITY>   62,807,092 
<SALES>                         3,758,032 
<TOTAL-REVENUES>                7,138,723 
<CGS>                                0    
<TOTAL-COSTS>                   2,043,439 
<OTHER-EXPENSES>                3,043,687 
<LOSS-PROVISION>                     0    
<INTEREST-EXPENSE>                   0    
<INCOME-PRETAX>                 2,051,597 
<INCOME-TAX>                         0    
<INCOME-CONTINUING>             2,409,947 
<DISCONTINUED>                       0    
<EXTRAORDINARY>                      0    
<CHANGES>                            0    
<NET-INCOME>                    2,409,947 
<EPS-PRIMARY>                       28.61 
<EPS-DILUTED>                       28.61 

        



</TABLE>
#### § 7.70 Post-approval product audit.

Upon request by MSHA, but not more than once a year except for cause, the approval holder shall make an approved blasting unit available for audit at no cost to MSHA.
**EXHIBIT 32.1**
  **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 IMCOR Pharmaceutical Co. (the Company) on Form 10-KSB for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Taffy J. Williams, Ph.D., Chief Executive Officer 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/  Taffy J. WilliamsTaffy J. Williams, Ph.D.
Chief Executive OfficerDate: December 21, 2004
- Share
-   
-   
-   
-   
-   

# Teaching financial literacy

Our new resource guides for elementary and middle school educators provide standards-aligned, classroom-ready instructional tools.

Browse the guides

## Latest Inflation Numbers

View all indicators and data

#### Median CPI

**Change in median CPI:**+0.3% in August 2024

**Change in 16% trimmed-mean CPI:**+0.2% in August 2024

See the data

#### Inflation Expectations

**10-year expected inflation:** 2.12%

See the data

##### Wanted: Affordable, reliable childcare

The expense and unavailability of childcare can hinder the economic advancement of parents seeking to enter and move up in the workforce. Our latest multimedia story explores the issues.

##### Small business owners: Take this survey

The Federal Reserve’s 2024 Small Business Credit Survey (SBCS) is now open. To bring data and insights that directly inform the Fed, federal government agencies, service providers, policymakers, and others, please complete this annual anonymous survey. Get more details on SBCS.

##### Eastern Kentucky navigates flood recovery challenges

Two years after flooding wreaked havoc in eastern Kentucky, the pace of recovery is poised to quicken. Our Notes From The Field describes what’s happening there now.

----

Cleveland Fed District Data Brief

##### Lower-Wage Workers in Ohio Have Seen Strong Wage Gains Since 2019

Economic Commentary

##### Wage Growth, Labor Market Tightness, and Inflation: A Service Sector Analysis

Research [in] Brief

##### Research [in] Brief: Analyzing Two House-Price Booms: Lessons in Uncertainty

Economic Commentary

##### Reciprocal Deposits and the Banking Turmoil of 2023

Research

Economic Commentaries

Publications

Program on Economic Inclusion

# A stable economy for all

That’s our goal at the Cleveland Fed. Serving the Fourth Federal Reserve District, we strive to ensure the health of our monetary system through our role in regulating financial institutions, and we promote education and community development through research and programming.

Our work

Leadership

History

# Work with us

Looking for your next opportunity? We’re proud to be ranked a top place to work in Northeast Ohio, offering the benefits you need and the work-life balance you want in addition to promoting an inclusive culture of diversity and acceptance. Join us in our mission to strengthen the economic performance of the nation and our region and make a positive impact on the communities we serve. 

Our careers

> Engaging and rewarding
Working as a software developer for the bank in Information Technology is **engaging and rewarding.** I get to build valuable solutions for customers while working with a team who foster **creativity, innovation, and learning**. There is never a dull moment in IT.
### §2523c. Major warhead refurbishment program

In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees (as defined in U.S.C. 101(a)(16) 1) a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include—

(1) a full description of alternatives considered prior to the award of Phase 6.3;

(2) a comparison of the costs and benefits of each of those alternatives, to include an analysis of trade-offs among cost, schedule, and performance objectives against each alternative considered;

(3) identification of the cost and risk of critical technology elements associated with each alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs;

(4) identification of the cost and risk of additional capital asset and infrastructure capabilities required to support production and certification of each alternative;

(5) a comparative analysis of the risks, costs, and scheduling needs for any military requirement intended to enhance warhead safety, security, or maintainability, including any requirement to consolidate and/or integrate warhead systems or mods as compared to at least one other feasible refurbishment alternative the Nuclear Weapons Council considers appropriate; and

(6) a life-cycle cost estimate for the alternative selected that details the overall cost, scope, and schedule planning assumptions.

(Pub. L. 113–235, div. D, title III, §308, Dec. 16, 2014, 128 Stat. 2324.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Atomic Energy Defense Act which comprises this chapter.

1 So in original. Probably should be "10 U.S.C. 101(a)(16)".
**Exhibit 32**

**Section 1350 CertificationsPursuant to Section 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title18, United States Code)**

Pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (subsections (a) and (b) of Section 1350, Chapter 63 ofTitle 18, United States Code), each of the undersigned officers of CreditSuisse First Boston (USA), Inc. (the “Company”) does hereby certify, tosuch officer’s knowledge, that:

1.                the QuarterlyReport on Form 10-Q for the quarter ended June 30, 2004 of theCompany (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

2.                theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| August 9, 2004 | /s/  BRIAN  D. FINN |
|---------------------|---------------------|
|                | Name:               | Brian D. Finn |
|                | Title:              | President and Chief  Executive Officer |
|                |                |
| August 9, 2004 | /s/  PAUL  C. WIRTH |
|                | Name:               | Paul C. Wirth |
|                | Title:              | Chief Financial and Accounting Officer |

 

----
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of E.L.A. III and J.E.A, Children

Appellate case number: 01-18-00751-CV

Trial court case number: 2017-03501J

Trial court: 313th District Court of Harris County

Appellant, E.L.A., Jr., has filed an unopposed motion for an extension of time to 

file his brief. The motion is granted. Appellant’s brief is due to be filed with this 

Court no later than Monday, November 5, 2018. See TEX. R. APP. P. 28.4(a), 38.6(d). 

This appeal involves the termination of the parent-child relationship. This Court is 

required to bring the appeal to final disposition within 180 days of August 20, 2018, the 

date the notice of appeal was filed, so far as reasonably possible. See Tex. R. Jud. Admin. 

6.2, reprinted in Tex. Gov’t. Code Ann., tit. 2, subtit. F app. (Vernon 2013).

Accordingly, no further extensions will be granted absent extraordinary 

circumstances.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

  Acting individually  Acting for the Court

Date: October 25, 2018
Directory of Trails        - Directory of Trails
        - 1. Tidelands Trail - Fremont
        - 2. LaRiviere Marsh Trail -Fremont
        - 3. Shoreline Trail & 4. No Name Trail - Fremont
        - 5. Newark Slough Trail - Fremont
        - 6. Warm Springs Trail - Fremont
        - 7. Coyote Creek Lagoon Trail - Fremont
        - 8. Alviso Slough Trail - Alviso
        - 9. Mallard Slough Trail - Alviso
        - 10. New Chicago Marsh Trail - Alviso
        - 11. Moffett Bay Trail - Sunnyvale
        - 12. Stevens Creek East Trail - Mountain View
        - 13. Faber-Laumeister Trail - East Palo Alto
        - 14. Ravenswood Trail - Menlo Park
        - 15. SF2 Trail - Menlo Park
        - 16. Bair Island Trail - Redwood City

## 9. Mallard Slough Trail - Alviso

**Length**3.3 mile loop, or 4.3 miles (with a 1 mile roundtrip Mallard Slough Trail Spur option)

**Amenities and Uses**Information, parking, restrooms, drinking water, observation platform, hiking, bicycling. No pets.

**Trail Surface**Flat, compacted dirt levee. The trail turns to mud after rain.

**Highlights**Great place to see white pelicans, double-crested cormorants, ducks in the winter, shorebirds in the spring and fall, and Caspian terns in the spring and summer. This trail passes through a variety of wildlife habitats and hundreds of birds loafing on manmade islands, and provides views of the refuge’s ghost town, Drawbridge.

**Connections to Other Trails**Connects with the Alviso Slough Trail. 

**Directions to Trailhead**From HWY 880 or 101, exit on HWY 237 toward Mountain View/Alviso. Turn north onto Zanker Rd. and continue to the refuge entrance (a sharp right turn at Grand Blvd.). The trailhead is accessible from the Environmental Education Center parking lot. Walk through the butterfly garden or New Chicago Marsh Trail to reach the levee overlooking the pond.

**Click on the map to enlarge.**
#### The People of the State of New York ex rel. Patsy J. Bonsignore, Appellant, v. Albert W. Skinner, as Sheriff of the County of Monroe, Respondent.

Order unanimously reversed on the law and in the exercise of discretion and writ sustained unless the bail is reduced to an amount not to exceed $75,000, in which event the order is affirmed and the writ dismissed. Memorandum: The action of the County Judge in fixing the bail at $100,000 was an improvident exercise of discretion in that the amount was excessive. (Appeal from order of Monroe Special Term dismissing a writ of habeas corpus.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ. (Decision and order entered April 10,1962.)
In the Missouri Court of Appeals

Eastern District

JULY 21, 2015

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE 

84.16(b) OR RULE 30.25(b).

1. ED101229 CHARTER COMM APP V SATMAP, ET AL., RES

2. ED101781 IN THE INTEREST OF: E.L.B

3. ED101960 ANTONIO GREEN, APP V STATE OF MISSOURI, RES

4. ED102071 MILDRED E. AKINS, RES V MARIAN PRIESS, APP

5. ED102181 MARSHALL EGSON, RES V STATE OF MISSOURI, APP