alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered March 8, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-01203-CV

EBF PARTNERS, LLC, Appellant

V.

REACH ENERGY, LLC, Appellee

On Appeal from the County Court at Law No. 1

Dallas County, Texas

Trial Court Cause No. CC-15-01188-A

ORDER

Before the Court is appellant’s March 6, 2018 agreed motion for extension of time to file 

reply brief. We GRANT the motion and ORDER the brief be filed no later than March 26, 

2018.

/s/ DAVID EVANS 

JUSTICE
#### EARLY v. KOEHLER

No. 537P97

Case below: 127 N.C.App. 555

Notice of appeal by defendant pursuant to G.S. 7A-30 (substantial constitutional question) dismissed 5 February 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 February 1998.
### §§1352 to 1356. Repealed. Pub. L. 97–98, title VI, §601, Dec. 22, 1981, 95 Stat. 1242

Section 1352, acts Feb. 16, 1938, ch. 30, title III, §352, 52 Stat. 60; Aug. 9, 1955, ch. 648, 69 Stat. 576; Feb. 16, 1976, Pub. L. 94–214, title I, §101, 90 Stat. 181; Sept. 29, 1977, Pub. L. 95–113, title VII, §701, 91 Stat. 940, provided for a national acreage allotment and allocation for 1976 through 1981 crops of rice.

Section 1353, acts Feb. 16, 1938, ch. 30, title III, §353, 52 Stat. 61; Oct. 31, 1949, ch. 792, title IV, §418(a), 63 Stat. 1059; June 16, 1950, ch. 268, §§1, 2, 64 Stat. 232; Apr. 30, 1955, ch. 29, 69 Stat. 45; Apr. 30, 1955, ch. 30, 69 Stat. 45; May 5, 1955, ch. 31, 69 Stat. 45; Aug. 9, 1955, ch. 652, 69 Stat. 578; May 28, 1956, ch. 327, title III, §304, 70 Stat. 205; June 4, 1958, Pub. L. 85–443, §§1, 2(a), (b), 3, 72 Stat. 177; Aug. 28, 1958, Pub. L. 85–835, title III, §301, 72 Stat. 994; Feb. 16, 1938, ch. 30, title III, §378(d), as added Aug. 28, 1958, Pub. L. 85–835, title V, §501, 72 Stat. 996; Mar. 6, 1962, Pub. L. 87–412, 76 Stat. 20; Jan. 28, 1964, Pub. L. 88–261, 78 Stat. 6; Nov. 3, 1965, Pub. L. 89–321, title VIII, §801, 79 Stat. 1212; Oct. 11, 1968, Pub. L. 90–559, §1(8), 82 Stat. 996; Apr. 27, 1973, Pub. L. 93–27, 87 Stat. 27, related to allocation of national acreage allotment.

Section 1354, acts Feb. 16, 1938, ch. 30, title III, §354, 52 Stat. 61; Oct. 31, 1949, ch. 792, title IV, §418(a), 63 Stat. 1059; Apr. 4, 1960, Pub. L. 86–408, 74 Stat. 15, related to proclamation of marketing quotas and referendum by farmers on such quotas.

Section 1355, acts Feb. 16, 1938, ch. 30, title III, §355, 52 Stat. 62; July 3, 1948, ch. 827, title II, §206, 62 Stat. 1256; Oct. 31, 1949, ch. 792, title IV, §§415(e), 418(a), 63 Stat. 1058, 1059, related to amount of farm marketing quota.

Section 1356, acts Feb. 16, 1938, ch. 30, title III, §356, 52 Stat. 62; Oct. 31, 1949, ch. 792, title IV, §418(a), 63 Stat. 1059; June 4, 1958, Pub. L. 85–443, §4, 72 Stat. 178; Dec. 14, 1967, Pub. L. 90–191, 81 Stat. 578, related to penalties for farm marketing excess when farm marketing quotas are in effect and to avoidance or postponement of penalties by storage or other disposition.

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

#### Effective Date of Repeal

Pub. L. 97–98, title VI, §601, Dec. 22, 1981, 95 Stat. 1242, provided that the repeal of sections 1352 to 1356 of this title is effective beginning with the 1982 crop of rice.
### §913. Facility exercise requirements

The Secretary of the Department in which the Coast Guard is operating shall require each high risk facility to conduct live or full-scale exercises described in section 105.220(c) of title 33, Code of Federal Regulations, not less frequently than once every 2 years, in accordance with the facility security plan required under section 70103(c) of title 46.

(Pub. L. 109–347, title I, §115, Oct. 13, 2006, 120 Stat. 1897.)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-1390

ERIWATI SUJONO,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A97-638-962)

Submitted: September 13, 2006 Decided: October 4, 2006

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Eriwati Sujono, Petitioner Pro Se. Carol Federighi, M. Jocelyn

Lopez Wright, Song E. Park, UNITED STATES DEPARTMENT OF JUSTICE,

Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Eriwati Sujono, a native and citizen of Indonesia,

petitions for review of an order of the Board of Immigration

Appeals affirming the Immigration Judge’s denial of her

applications for asylum, withholding of removal, and protection

under the Convention Against Torture. Sujono challenges the

Board’s finding that she failed to qualify for asylum and

withholding of removal. 

To obtain reversal of a determination denying eligibility

for relief, an alien “must show that the evidence he presented was

so compelling that no reasonable factfinder could fail to find the

requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S.

478, 483-84 (1992). We have reviewed the evidence of record and

conclude that Sujono fails to show that the evidence compels a

contrary result. Having failed to qualify for asylum, Sujono

cannot meet the higher standard to qualify for withholding of

removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.

Cardoza-Fonseca, 480 U.S. 421, 430 (1987). 

Accordingly, we deny the petition for review. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

PETITION DENIED
#### In the Matter of Kalman Greenhill (Admitted as Kalman Greenberg), an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner.

First Department,

April 14, 1964.

*John G. Bonomi*for petitioner.

*Per Curiam.*

Respondent was admitted to practice as an attorney July 9, 1925, at a term of the Appellate Division, *80Second Judicial Department, Supreme Court of the State of New York.

On September 5, 1959, respondent was charged in a 20-count indictment filed in the United States District Court for the Southern Division of the Northern District of Alabama, with the crimes of using the mails to defraud (U. S. Code, tit. 18, § 1341) and fraud in the sale of securities (U. S. Code, tit. 15, § 77q, subd.' [a], par. [1]). He was convicted by verdict upon 19 counts and sentence imposed on the various counts which, in total effect, amounts to three years in prison.

Petitioner moves to strike respondent’s name from the roll of attorneys pursuant to subdivision 4 of section 90 of the Judiciary Law.

The crimes of which respondent stands convicted are felonies under Federal law, and are felonies under the law of this State (Penal Law, §§ 952, 956).

The motion to strike should be granted and an order directed to be entered accordingly (Judiciary Law, § 90, subd. 4).

Botein, P. J., Valente, McNally, Stevens and Eager, JJ., concur.

Respondent struck from the roll of attorneys and counselors at law in the State of New York pursuant to subdivision 4 of section 90 of the Judiciary Law of the State of New York.
### §5741. General prohibition

Except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 103. | June 7, 1897, ch. 3, §1 (last proviso on p. 86), 30 Stat. 86. |

Statutes at Large

The words "a military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's note for section 301.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Exhibit 10.10b    
    


AMPHASTAR PHARMACEUTICALS, INC.  


March 27,
2006 


Organon
USA Inc.

56 Livingston Ave.

Roseland, NJ, 07068

Attention: Huib Costermans, Chief Financial Officer 


Re:    Amendment
to Settlement Agreement and Asset Sale Agreement 


        This
is to confirm our understanding concerning the $6 million final payment (the "Payment") owed in February 2006 by Amphastar to Organon under the Settlement Agreement
dated December 20, 2004, and the Asset Sale Agreement entered into by the parties in 2003, as amended, pertaining to the sale of the U.S. product rights to Cortrosyn. 


        In
consideration of a loan fee of $75,000 (the "Fee") and the mutual promises contained herein, Amphastar agrees to make the Payment to Organon as follows: 



	1.
	$1 million
to be received by Organon no later than March 31, 2006;



	2.
	$1 million
to be received by Organon no later than April 30, 2006;



	3.
	$1 million
to be received by Organon no later than May 31, 2006; and



	4.
	$3 million
to be received by Organon no later than June 30, 2006. 




        In
addition, each above payment shall be accompanied by one month's interest on the declining principal balance (the "DPB") at the rate of 7.5% per annum (calculated as
one-twelfth × .075 × the DPB), totaling $112,500 in interest. The March 31 payment shall be accompanied by the Fee. 


        Amphastar
understands that the timely payment of the above amounts is of importance to the IPO of Organon Biosciences and Amphastar shall use best efforts to ensure timely payments. If
Amphastar fails to make any of the above payments on a timely basis, the past due amount shall bear interest from the due date until paid at a rate of 15% per annum. 


        Simultaneously
with the last payment hereunder, Organon will release all of its security interest in Cortrosyn created by the Security Agreement between the parties and cooperate fully
with Amphastar in connection with such release, including but not limited to filing all UCC termination statements and returning the originals of the Special Power of Attorney to Amphastar. 


        To
signify your agreement to the foregoing, please execute this letter agreement in the space provided below, and return it to me by fax. 


Sincerely,




	/s/  DAVID W. NASSIF      
 David W. Nassif

Chief Financial Officer

Amphastar Pharmaceuticals, Inc.

	 	 





AGREED
AND ACCEPTED: 


Organon
USA Inc. 



	By	 	/s/  H. COSTERMAN      
	 	 
	Its	 	VP	 	 
	

By	
 	

/s/  PATRICK J. OSINSKI      
	
 	

 
	Its	 	VP & GC	 	 













QuickLinks


Exhibit 10.10b
Exhibit 10.3
 DEX ONE CORPORATION EQUITY INCENTIVE PLAN
 NON-QUALIFIED STOCK OPTION AGREEMENT
(Price-Vested Award)
 [Template for Executive Officers]
 * * * * *
 Participant:
 Grant Date:
 Per Share Exercise Price:
 Number of Shares subject to this Option:
  Agreement Company Plan
  Incorporation By Reference; Plan Document Receipt .
 1




---



##### 



Grant of Option . Option Option Shares
 Vesting and Exercise .
 Vesting Tranche One Tranche Two provided Stock Price Measurement Standard
 2




---



##### 



Accelerated Vesting upon Certain Terminations
   Accelerated Vesting upon Change in Control
   3




---



##### 



Committee Discretion to Accelerate Vesting
 Expiration
 Certain Definitions Cause Good Reason Change in Control Employment
Agreement
 Termination .
 General
 Termination for Cause provided
 Treatment of Unvested Option upon Termination
 4




---



##### 



Method of Exercise and Payment .
 Non-Transferability .
 Governing Law .
 Withholding of Tax .
 Entire Agreement; Amendment .
 5




---



##### 



Notices .
 No Right to Service .
 Transfer of Personal Data .
 Compliance with Laws .
 Section 409A .
 Binding Agreement; Assignment .
 Headings .
 6




---



##### 



Counterparts .
 Further Assurances .
 Severability .
 Acquired Rights .
  7




---



##### 



IN WITNESS WHEREOF
 DEX ONE CORPORATIONBy:Name:
    Gretchen ZechTitle:
    Senior Vice President, Human ResourcesPARTICIPANT[                      ] 8
<PAGE>   1
EXHIBIT 21.1 SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>
                                                        State of      Percentage
Name                                                 Incorporation       Owned
----                                                 -------------    -----------
<S>                                                  <C>              <C>
American Casino Enterprises, Inc.                        Nevada         100%
American Care Group, Inc.                                Nevada         100%
Diversy Enterprises, Inc.                                Nevada         100%
Fowler Card Club, Inc.                                   California     100%
Fuel and Air Service Technology, Inc.                    Nevada         100%
G & L Acquisition Corp.                                  Nevada          64%
Las Vegas Enterprises, Inc.                              Nevada         100%
Millerton Games, Inc.                                    California     100%
Motel Development, Inc.                                  Nevada         100%
Nevada Publishing, Inc.                                  Nevada         100%
Royal Reservations, Inc.                                 Nevada         100%
The Reservation Connection                               Nevada         100%
Trinidad Management, Inc.                                Nevada         100%
</TABLE>
#### § 250.7 Pertinent portions of Export Administration Regulations (EAR).

The following pertinent section of the EAR is provided for the guidance of DoD personnel in determining the releasability technical data under the authority of this part.

# Export Administration Regulations 15 CFR 379.3

## General License GTDA: Technical Data Available to All Destinations

A General License designated GTDA is hereby established authorizing the export to all destinations of technical data described in § 379.3(a), (b), or (c), below:

(a) *Data Generally Available.* Data that have been made generally available to the public in any form, including

(1) Data released orally or visually at open conferences, lectures, trade show, or other media open to the public; and

(2) Publications that may be purchased without restrictions at a nominal cost, or obtained without costs, or are readily available at libraries open to the public.

The term “nominal cost” as used in § 379.3(a)(2), is intended to reflect realistically only the cost of preparing and distributing the publication and not the intrinsic value of the technical data. If the cost is as much as to prevent the technical data from being generally available to the public, General License GTDA would not be applicable.

(b) *Scientific or Educational Data.* (1) Dissemination of information not directly and significantly related to design, production, or utilization in industrial processes, including such dissemination by correspondence, attendance at, or participation in, meetings; or

(2) Instruction in academic institutions and academic laboratories, excluding information that involves research under contract related directly and significantly to design, production, or utilization in industrial processes.

(c) *Patent Applications.* Data contained in a patent application, prepared wholly from foreign-origin technical data where such application is being sent to the foreign inventor to be executed and returned to the United States for subsequent filing in the U.S. Patent and Trademark Office. (No validated export license from the Office of Export Administration is required for data contained in a patent application, or an amendment, modification, supplement, or division thereof for filing in a foreign country in accordance with the regulations of the Patent and Trademark Office 37 CFR part 5. See § 370.10(j).)
§ 2102.31 Disclosure of a record to persons other than the individual to whom it pertains. ( a ) Except as provided by the Privacy Act, 5 U.S.C. 552a(b), the NSC will not disclose a record concerning an individual to another person or agency without the prior written consent of the individual to whom the record pertains.
Exhibit 21.1

PMC-SIERRA, INC.

LIST OF SUBSIDIARIES



|1. | PMC-Sierra Ltd., organized under the laws of British Columbia, doing business only under its official name, PMC-Sierra.
|-- | -----------------------------------------------------------------------------------------------------------------------



|2. | PMC-Sierra US, Inc., organized under the laws of Delaware, doing business only under its official name, PMC-Sierra, or under PMC-Sierra, Inc.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------



|3. | Palau Acquisition Corporation, organized under the laws of Delaware, doing business only under its official name, PMC-Sierra, or under PMC-Sierra, Inc.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|4. | Passave, Inc., organized under the laws of Delaware, doing business only under its official name, PMC-Sierra, or under PMC-Sierra, Inc.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------
EXHIBIT 32.01

November 6, 2009

The certification set forth below is being submitted in connection with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 (the Report) of El Paso Electric Company
(the Company) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

David W. Stevens and David G. Carpenter, each certifies that, to the best of his knowledge:



| | 1. | such Report fully complies with the requirements of Section 13(a) of the Exchange Act; 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/ David W. StevensDavid W. StevensChief Executive Officer/s/ David G. CarpenterDavid G. CarpenterSenior Vice President and Chief Financial Officer
<PAGE>

                                                                    Exhibit 3.90


                           ARTICLES OF INCORPORATION

                                       OF

                                 A WEP COMPANY

                                       I

                                      NAME

      The name of the corporation is A WEP COMPANY.

                                       II

                                    PURPOSE

      The purpose of the corporation is to engage in any lawful act or activity
for which a corporation may be organized under the General Corporation Law of
California other than the banking business, the trust company business or the
practice of a profession permitted to be incorporated by the California
Corporations Code.

                                      III

                                   LIABILITY

      The liability of the directors of the corporation for monetary damages
shall be eliminated to the fullest extent permissible under California law.

                                       IV

                          AGENT FOR SERVICE OF PROCESS

      The name and address in the State of California of the corporation's
initial agent for service of process is Parasec Incorporated.

                               AUTHORIZED SHARES

      The corporation is authorized to issue only one class of shares of
<PAGE>

stock which shall be designated "common shares" and the total number of common
shares which the corporation is authorized to issue is 10,000,000.

DATED: October 19, 1987


                                   ALAN E. BENNETT
§ 234.6 Interfering with agency functions. The following are prohibited: ( a ) *Interference.* Threatening, resisting, intimidating, or intentionally interfering with a government employee or agent engaged in an official duty, or on account of the performance of an official duty.
( b ) *Violation of a lawful order.* Violating the lawful order of a government employee or agent authorized to maintain order and control public access and movement during fire fighting operations, search and rescue operations, law enforcement actions, and emergency operations that involve a threat to public safety or government resources, or other activities where the control of public movement and activities is necessary to maintain order and public health or safety.
( c ) *False information.* Knowingly giving a false or fictitious report or other false information: ( 1 ) To an authorized person investigating an accident or violation of law or regulation, or
( 2 ) On an application for a permit.
( d ) *False report.* Knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties, or making a false report that causes a response by the government to a fictitious event.
FORM 6-K



SECURITIES AND EXCHANGE COMMISSION



Washington, D.C. 20549



Report of Foreign Issuer



Pursuant to Rule 13a-16 or 15d-16 of



Securities Exchange Act of 1934



For the month of July 2006



ABBEY NATIONAL PLC

(Translation of registrant's name into English)



Abbey National House, 2 Triton Square, Regents

Place, London NW1 3AN, England

(Address of principal executive offices)





Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.



Form 20-F . . . .X. . . . Form 40-F . . . . . . . .



Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.



Yes . . . . . . . No . . .X. . . .











---



Monday 31 July 2006

Abbey Statement





Abbey National plc (Abbey) and Grupo Santander announce with deep sadness the death of Abbeys Chief Executive Officer, Francisco Gómez-Roldán. Mr Gómez-Roldán was an outstanding individual, a talented executive, and a delightful colleague. He will be greatly missed.



On Thursday 27th July, the Abbey Board confirmed the appointment of António Horta-Osório as Abbeys new Chief Executive to commence from Monday 21st August 2006. In the intervening period, Jorge Moran, Chief Operating Officer at Abbey will oversee day-to-day operations.



Ends



Media Contact



Matthew Young, Abbey Director of Communications 020 775 64232







| |  | 
| |  | 









---













SIGNATURES



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.



| | ABBEY NATIONAL PLC    
| | ----------------------
| |                       
| | Dated: 31st July 2006 
| | (Authorised Signatory)
#### HAYWOOD v. HAYWOOD

No. 510P97

Case below: 127 N.C.App. —• (16 September 1997)

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 4 December 1997. Motion by defendant to dismiss appeal allowed 4 December 1997.