alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals San Antonio, Texas

January 7, 2019

No. 04

- 18

- 00952

- CV

PROTOTYPE MACHINE COMPANY,

Appellant

v.
TOLEDO P. BOULEWARE ET AL.,

Appellee
From the 63rd Judicial District Court, Kinney County, Texas

Trial Court No. 3469 Honorable Enrique Fernandez, Judge Presiding



### O R D E R

The trial court signed a final judgment on October 26, 2018. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on November 25, 2018

. See T EX

. R. A PP

. P . 26.1 (a). A motion for extension of time to file the notice of appeal was due on December 10, 2018

. See T EX

. R. A PP

. P . 26.3. Although appellant filed a notice of appeal in the trial court within the fifteen

- day grace period allowed by Rule 26.3, appellant did not file a motion for extension of time in this court until December 12, 2018

. A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fif teen

- day grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing t o file the notice of appeal in a timely

manner. See id. ; T EX

. R. A PP

. P . 26.3, 10.5(b)(1)(C). Because appellant’s motion for extension of time to file a notice of appeal offers a reasonable explanation for failing to file the notice of appeal in a timely manner, the motion is GRANTED. See T EX

. R. A PP

. P . 10.5(b)(1)(C)._________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2019

.

___________________________________ KEITH E. HOTTLE
, Clerk of Court
### §1931. Repealed. Pub. L. 104–127, title VII, §746, Apr. 4, 1996, 110 Stat. 1125

Section, Pub. L. 87–128, title III, §310A, as added Pub. L. 92–419, title I, §117, Aug. 30, 1972, 86 Stat. 663, related to insured watershed and resource conservation and development loans.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Shelter Properties I Limited Partnership 1997 Year-End 10-KSB and is 
qualified in its entirety by reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000316220         
<NAME> Shelter Properties I Limited Partnership
<MULTIPLIER> 1,000     
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997   
<CASH>                                           2,028
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          19,927
<DEPRECIATION>                                  13,590   
<TOTAL-ASSETS>                                   9,936   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         11,470     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                     (2,160)    
<TOTAL-LIABILITY-AND-EQUITY>                     9,936    
<SALES>                                              0
<TOTAL-REVENUES>                                 5,092    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,627    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 960    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       465     
<EPS-PRIMARY>                                    30.67<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        


</TABLE>
#### MUSE v. BRITT

No. 373P97

Case below: 347 N.C. 268

123 N.C.App. 357

Motion by petitioner for reconsideration of petition for discretionary review dismissed 5 February 1998.
#### § 1698.7 Reconsideration of advisory opinions.

Whenever the Director has reason to believe that there is substantial error in the information on which an advisory opinion is based, he may reconsider it and issue an appropriate revised opinion.
#### § 552.118 Issuance from unit arms room.

When privately owned weapons are withdrawn from the arms room, DA Form 3749 (Equipment Receipt), will be turned in and the weapon will be signed out on Headquarters Fort Lewis Form 938 (Weapons/Ammunition and Sensitive Item Issue and Turn-In Register). The armorer will provide the owner with a copy of Headquarters Fort Lewis Form 816 (Registration of Personal Firearms), which will remain with the weapon at all times. When the weapon is turned back in to the arms room, the HFL Form 816 will be turned in also.
EXHIBIT 32 (b)

CERTIFICATE 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 Enzo Biochem, Inc., and Subsidiaries (the
Company) on Form 10-K for the fiscal year ended July 31, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Barry Weiner, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that:

| |     |                                                                                                                                                       
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) | The Report
 fully complies with the requirements of Section 13 (a) or 15 (d) of the
 Securities Exchange Act of 1934; and                             
| |     |                                                                                                                                                       
| | (2) | The
 information contained in the Report fairly presents, in all material
 respects, the financial condition and results of operations of the Company.

|                        |                          | 
|----------------------- | ------------------------ | 
|Date:
 October 14, 2008 |                         
|                        | By: /s/
 Barry Weiner   
|                        |                          | 
|                        | Barry Weiner            
|                        | Chief
 Financial Officer

A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Act
Commission or its staff upon request.

---
§ 196.545 Pre-employment inquiries. ( a ) *Marital status.* A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss” or “Mrs.”
( b ) *Sex.* A recipient may make pre-employment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by these Title IX regulations.
Editorial Note on Part 777
Editorial Note: At 82 FR 54947, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 777 made effective on Jan. 19, 2017, at 81 FR 93326-93327, Dec. 20, 2016.

§ 777.14 Maps and plans: General requirements. ( a ) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent area shall clearly show the lands and waters within those areas and be in a scale determined by the regulatory authority, but in no event smaller than 1:24,000.
( b ) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred— ( 1 ) Prior to August 3, 1977;
( 2 ) After August 3, 1977, and prior to either— ( i ) May 3, 1978; or
( ii ) In the case of an applicant or operator which obtained a small operator's exemption in accordance with § 710.12 of this chapter, January 1, 1979;
( 3 ) After May 3, 1978 (or January 1, 1979, for persons who received a small operator's exemption) and prior to the approval of the applicable regulatory program;
( 4 ) After the estimated date of issuance of a permit by the regulatory authority under the approved regulatory program.
[48 FR 44398, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF INSPECTOR GENERAL

THE INSPECTOR GENERAL

400 MARYLAND AVENUE, S.W., WASHINGTON, DC 20202-1510

Promoting the efficiency, effectiveness, and integrity of the Department’s programs and operations.

TO: Counsel to the Inspector General 

 Assistant Counsels to the Inspector General

FROM: Sandra Bruce

Inspector General (Acting)

SUBJECT: Redelegation of Authority to Conduct and Coordinate Litigation involving Office of 

Inspector General (OIG) employees or applicants before the Equal Employment 

Opportunity Commission (EEOC), Merit Systems Protection Board (MSPB) and in 

Federal courts.

I. DELEGATION 

Under the authority vested in me by delegation EA/EF/195 from the Secretary dated September 

14, 2011, I hereby delegate to you, or to anyone serving for you in an acting capacity, the 

authority to conduct and coordinate litigation activities on personnel and equal employment 

opportunity matters which exclusively involve OIG employees or applicants to the OIG, that do 

not affect any cross-cutting or important Departmental interests as determined by you and the 

General Counsel or anyone serving in an acting capacity (consistent with the Federal Vacancies 

Reform Act) for the General Counsel or for you. This authority includes the authority to 

represent the Secretary of the U.S. Department of Education (ED) and ED before the Equal 

Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), and 

in Federal courts in complaints and/or appeals filed against ED by employees of, or applicants 

for employment within, ED’s Office of Inspector General (OIG) and settlement authority with 

respect to those cases.

Unless otherwise noted in future delegations of authority, amendments to the existing 

authorities delegated herein are included within the scope of this delegation. 

II. RESERVATIONS 

Unless otherwise noted in existing or future delegations of authority, the following is not 

delegated: Authority to provide legal advice to the Secretary on matters covered by this 

delegation of authority. 

The Counsel to the Inspector General must exercise the settlement authority with respect to 

the matters described above.
Page 2 – Redelegation of Authority to Conduct and Coordinate Litigation

The Counsel to the Inspector General must make the determination for the OIG whether the 

litigation affects any cross-cutting or important Departmental interests.

III. REDELEGATION 

No further redelegation is authorized.

IV. CERTIFICATION AND EFFECTIVE DATE 

This delegation is effective upon certification by the Department’s Principal Delegations Control 

Officer. I hereby ratify actions within the scope of this delegation taken by the addressee prior 

to the date of certification.

/s

Sandra Bruce

Date Certified: 6/3/2019

Departmental Delegations Control Officer:Jim Clemmens

Control Number: EF.EF.204
<PAGE>

                                                                    EXHIBIT 32.A


                            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 on Form 10-Q for the period
ending September 30, 2003, of El Paso Natural Gas Company (the "Company") as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, John W. Somerhalder II, Chairman of the Board and Chief Executive
Officer, certify (i) that the Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
(ii) that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


                                                /s/ John W. Somerhalder II
                                           -------------------------------------
                                           John W. Somerhalder II
                                           Chairman of the Board and
                                           Chief Executive Officer
                                           (Principal Executive Officer)

                                           November 10, 2003



A signed original of this written statement required by Section 906 has been
provided to El Paso Natural Gas Company and will be retained by El Paso Natural
Gas Company and furnished to the Securities and Exchange Commission or its staff
upon request.
### §6126. Flexible schedules; credit hours; accumulation and compensation

(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.

(b) Any employee who is on a flexible schedule program under section 6122 of this title and who is no longer subject to such a program shall be paid at such employee's then current rate of basic pay for—

(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or

(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.

(Added Pub. L. 97–221, §2(a)(2), July 23, 1982, 96 Stat. 230.)
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 Quarterly Report of Escalade, Incorporated (the “Company”) on Form 10-Q for the period ending October 2, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert J. Keller, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:




(1)
The Report fully complies with the requirements of section 13(a) or 15 (d) of the Securities Exchange Act of 1934; and(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.




/s/ Robert J. KellerChief Executive OfficerNovember 2, 2010
#### § 767.2 [Reserved]
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002 In connection with the Quarterly Report on Form 10-Q of Three-Five Systems, Inc. (the
Company) for the quarter ended March 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Jack L. Saltich, President and 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 (15 U.S.C. 78m(a) or 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. /s/ Jack L. SaltichJack L. SaltichPresident and Chief Executive Officer Date: May 19, 2005
### §3406. Exemption for retail bakers

Any end product manufacturer who is a retail baker shall be exempt from the provisions of this chapter. For the purposes of this section, the term "retail baker" shall be deemed to include all end product manufacturers who sell end products directly to the ultimate consumer: Provided, That such term shall not include any end product manufacturer who derives less than 10 per centum of gross end product sales revenues from sales to ultimate consumers or who derives 10 per centum or more of gross food or food products sales revenues from the sale of such products manufactured or produced by others.

(Pub. L. 95–113, title XVII, §1707, Sept. 29, 1977, 91 Stat. 1036.)

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

#### Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
EXHIBIT 10.20.22




            Fourth Amendment to Letter Agreement (European Facility)
                              dated August 1, 1995
            among the Registrant's Foreign Subsidiaries and NBD Bank

































<PAGE>
                                   NBD BANK
                              611 Woodward Avenue
                            Detroit, Michigan 48226

                           Dated as of August 1, 1995

Hurco Europe Limited
Hurco GmbH Werkzeugmaschinen
  CIM-Bausteine Vertrieb und Service

                   Re: Fourth Amendment to European Facility

Ladies and Gentlemen:

     This letter  amends the letter  agreement  with you dated June 17, 1993, as
previously  amended by the letter agreements dated March 24, 1994, as of January
31, 1995, and as of May 31, 1995 (as amended, the "European  Facility"),  and is
being entered into in conjunction  with the Third Amendment to Credit  Agreement
of even date herewith with your parent, Hurco Companies, Inc.

     The definition of "Expiration  Date" in the European Facility is amended to
read as follows:

               "Expiration  Date" means the earlier to occur of (a)  November 1,
               1996, and (b) the date on which NBD declares  under  paragraph 13
               all principal and interest on  indebtedness to NBD provided under
               this agreement to be immediately due and payable.

     Should the foregoing be agreeable to you, as it is to us,  please  indicate
your  agreement  and  acceptance by executing and returning the enclosed copy of
this letter whereupon the European Facility shall be amended as herein provided,
and references to the European  Facility shall be to the European Facility as so
amended.  Except as amended hereby,  the European  Facility shall remain in full
force and effect.
                                                 Very truly yours,
                                                 NBD Bank

                                                 By:  /S/ BRUCE THOMSON
                                                 ----------------------
                                                 Its:  Vice President

Agreed and accepted:
HURCO EUROPE LIMITED

By:  /S/ ROGER J. WOLF
----------------------
Its: Director
Dated as of August 1, 1995

HURCO GmbH WERKZEUGMASCHINEN
CIM-BAUSTEINE VERTRIEB UND
SERVICE
By:  /S/ GERHARD KOHLBACHER
---------------------------
Its: General Manager
Dated as of August 1, 1995
#### STATE v. GRAVES

No. 456P97

Case below: 126 N.C.App. 831

Petition by defendants for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 6 November 1997.
<PAGE>



                                                                    EXHIBIT 99.1


                            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 Quarterly Report of Weatherford International,
Inc. (the "Company") on Form 10-Q for the period ended June 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Bernard J. Duroc-Danner, 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 result of operations of the
Company.


/s/ Bernard J. Duroc-Danner
-------------------------------------
Name:   Bernard J. Duroc-Danner
Title:  Chief Executive Officer
Date:   August 14, 2002
#### STATE v. BRANSON

No. 523P97

Case below: 127 N.C.App. 556

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 February 1998. Motion by Attorney General to dismiss appeal allowed 5 February 1998.