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

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE:

§ ORIGINAL PROCEEDING

MARVIN WADDLETON, III

§

MEMORANDUM OPINION

In this original proceeding, Marvin Waddl eton

, III , appearing pro se, seeks a writ of

mandamus requiring Lois Rogers, District Clerk of Smith County, Texas, to return to him certain

funds he contends he deposited as a cash bond after being charged with theft and possession of a

controlled substan ce in Smith County. 1 Waddleton argues that the deposited funds must be returned

to him because he has complied with the conditions of his bond and is now incarcerated.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or

county in the court of appeals district and all writs necessary to enforce its jurisdiction. T EX

. G OV = T

C ODE A NN

. § 22.221 (a) (Vernon 2004). In order for a district clerk to fall within our jurisdictional

reach, it must be established that th e issuance of the writ of mandamus is necessary to enforce our

jurisdiction. See id .; In re Coronado , 980 S.W.2d 691, 692

- 93 (Tex. App.

– San Antonio 1998, orig.

proceeding). Waddleton has not demonstrated that the exercise of our mandamus authority agains t

the respondent is appropriate to enforce our jurisdiction. Consequently, we have no authority to

issue a writ of mandamus. Accordingly, the petition for writ of mandamus is dismissed for want of

jurisdiction

.

1 The style of this proceeding, as stated in Waddleton’s petition, is “Ma rvin Waddleton III v. Lois Rogers

et[] al. District Clerk Smith County.” However, he does not name any other respondents in his petition.2 

### J AMES 

### T. W ORTHEN

Ch ief Justice

Opinion delivered November 25 , 2009.

Panel consisted of Worthen, C.J. and Hoyle, J.

Griffith, J., not participating.

( DO NOT PUBLISH)
EXHIBIT 31.2

I, Arthur P. Henderson, Jr., certify that:

1. I have reviewed this quarterly report on Form 10-Q of Noland Company.

2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiary, is made known to us by others within that entity, particularly during the period in which this quarterly report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this quarterly report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 

5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors:

a) All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

Date:  May 5, 2004

Arthur P. Henderson, Jr.

Arthur P. Henderson, Jr.	

Vice President Finance
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Appendix figure 3-2-3 HPLC chromatogram at start of exposure. 

- 5Appendix3 -
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Appendix figure 3-3-3 HPLC chromatogram at 39 days after exposure. 

- 8Appendix3 -
- 1 Additional data-
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#### § 1784.35 General.

This subpart is specifically designed for use by owners including the professional or technical consultants or agents who provide assistance and services such as engineering, environmental, inspection, financial, legal or other services related to planning, designing, bidding, contracting, and constructing water and waste disposal facilities. The selection of engineers for a project design shall be done by a request for proposals by the applicant. These procedures do not relieve the owner of the contractual obligations that arise from the procurement of these services. For this subpart, an owner is defined as the grant recipient.
**Exhibit 32.1**

 

**CERTIFICATION OF THECHIEF EXECUTIVE OFFICER OFGLOBAL PARTNERS LPPURSUANT TO 18 U.S.C. SECTION 1350**

** **

In connection with the accompanying report on Form 10-Qfor the period ended September 30, 2008 of Global Partners LP (the “Partnership”)and filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Eric Slifka, President and Chief Executive Officer of Global GP LLC, thegeneral partner of the Partnership, hereby certify, pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Partnership.

 

 
| Dated:  November 7,  2008 | By:    |  /s/Eric  Slifka                                                |
|------------------------------------------|--------|----------------------------------------------------------------------|
|                                     |   |      Eric  Slifka                           |
|                                     |   |      President  and Chief Executive Officer |
|                                     |   |      of  Global GP LLC, general partner     |
|                                     |   |      of  Global Partners LP                 |

 

----
#### § 1540.20 Applicability of subpart.

This subpart applies to requests filed with the Department of Agriculture under section 404 of the Trade and Tariff Act of 1984, Pub. L. 98-573, for emergency relief from imports of certain perishable products from Israel entering the United States at a reduced rate of duty or duty-free pursuant to a trade agreement between the United States and Israel entered into under section 102(b)(1) of the Trade Act of 1974, as amended.
---

|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 Fitmedia Inc. (the
"Company") on Form 10-QSB for the period ended April 30, 2007 as filed with the
Securities and Exchange Commission (the "Report"), the undersigned, in the
capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:

| | 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.

|Dated: June 13, 2007 |  | /s/ Timothy Crottey                                       
|-------------------- |  | ----------------------------------------------------------
|                     |  | Timothy Crottey                                           
|                     |  | President, Chief Executive Officer,                       
|                     |  | Chief Financial
      Officer, Principal Accounting Office

---
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by 9th C i r . R . 36- 3. NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. E AR L R OY HA R VE Y, D e f

e n d a n t - A p p e lla n t. N o. 12- 50184 D . C . N o. 2: 10 -c r- 01 14 4-A H M -1 ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e C e n tr a l D is tr ic t o f C a lif o rn ia A . H ow a r d M a t z , D i s tr i c tJ udge , P r e s i di ng A r gue d a nd S ubm i tt e d A pr i l 8, 2013 P a s a d e n a , C a lif

o rn ia B efo re: B E R Z O N , T A L L M A N , an d M . S M IT H , C i rcu i tJu d g es. W e r e vi e w de novo the de ni a l of am ot i on t o s uppr e s s , a nd m a ya f f i rm on a n y g r o u n d f

a ir lys u p p o rte d b y th e r e c o r d . U ni ted Stat es v. M

ayer , 560 F . 3d 948, 95 6 (9th C i r. 20 09 ). 

# FI LED APR30 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

H ar v ey ’s p ro b atio n o ff

icersa w a c o m p u ter a n d b ro ad b an d ca rd in H ar v ey ’s be dr oom ; H a rve y a dm i tt e d t o us i ng the c om put e r , a c c e s s i ng the I nt e rne t , a nd c om m uni c a t i ng w i th a nothe rc onvi c t e d f e l on, a l l i n vi ol a t i on of

hi s t e rm s of supervi se d rel ea se ; and a forensi c r evi ew of the com pu t eri nd i ca t ed thatH arvey had repl ac ed the hard dri ve before turni ng i tov ert o the P robat i on O ff i ce : there w as a non -f ac t ory har d d ri ve and a l l the f i l e s on i tha d be e n l oa de d a f t e rthe pr oba t i on offi ce r s aw the com pu t er . T hese fa ct s e st abl i shed prob abl e c ause t o b el i eve that H a rv e y w a s in v io la tio n o f h is te rm s o f

s u p e rv is e d r e le a s e , a n d , th e r e f o r e , p r o b ab le cau se t o search h i s resi d en ce fo r fu rth er ev i d en ce rel at ed t o th ese v i o l at i o n s, i nc l udi ng the or i gi na l ha r d dr i ve . I n l i ghtof the f a c t s of the c a s e , the i nf

orm a t i on s u p p o rt i n g th e s e a r c h wa s n o ts t a l e wh e n th e s e a r c h wa s c o n d u c t e d , ab o u ttwo m o n th s a f

te rth e in itia l s ig h tin g o f th e lap to p a n d o n e m o n th a f te rth e f o r e n s ic r e v ie w . See U

ni ted Stat es v. L acy , 11 9 F . 3d 74 2, 74 5-46 (9th C i r. 19 97 ). B ec ause the re si dent i al se ar ch w as val i d, the evi dence s ei ze d d uri ng that s e a r c h ne e d notbe e xc i s e d f r om the a f

f i da vi ts upport i ng the s e a r c h w a rr a ntf or H a rve y ’ s e m a i l a c c ount . T he r e f or e , the e m a i l w a rr a ntw a s a l s o s upport e d by p r o b ab le c au s e .3

W e ne e d notde c i de a ny of the othe ri s s ue s ur ge d bythe pa rt i e s , i nc l udi ng w h e th e rth e r e s id e n tia l s e a r c h c o u ld h a v e b e e n ju s tif ie d b yle s s th a n p r o b ab le cause. AF F I RME D.
#### § 1786.169 Liability.

It is the intent of this subpart that any failure on the part of RUS to comply with any provisions of this subpart, including without limitation, those provisions setting forth specified timeframes for action by RUS on applications for prepayments or closing requests, shall not give rise to liability of any kind on the part of the Government or any employees of the Government including, without limitation, liability for damages, fees, expenses or costs incurred by or on behalf of a borrower, private lender or any other party.
```

[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Page 69715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28834]

=======================================================================
-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT

Privacy Act of 1974: New System of Records

AGENCY: U.S. Office of Personnel Management (OPM).

ACTION: Notice to extend comment period for a new system of records.

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

SUMMARY: OPM is extending the comment period for a new system of 
records, OPM/Central-15, Health Claims Data Warehouse, until December 
15, 2010. The initial notice for this system was published on October 
5, 2010, and provided a comment period deadline of November 15, 2010. 
Based on the comments we have received since we published the initial 
notice, OPM is considering revisions to the systems notice to, among 
other things, provide greater specificity regarding the authorities for 
maintaining the system, clarify its intent to significantly limit the 
circumstances under which personally identifiable records may be 
released, and provide a more detailed explanation of how the records in 
this system will be protected and secured. If OPM publishes a revised 
systems notice, the public will have the opportunity to comment on the 
revised notice before OPM begins operating the system. In the meantime, 
OPM is extending the opportunity for interested persons, organizations, 
and agencies to review and provide comments pursuant to the October 5, 
2010 system notice.

DATES: The comment period is extended until December 15, 2010.

ADDRESSES: Send written comments to the Office of Personnel Management, 
Attn: Gary A. Lukowski, Ph.D., Manager, Data Analysis, U. S. Office of 
Personnel Management, 1900 E Street, NW., Room 7439, Washington, DC 
20415 or to [email protected].

FOR FURTHER INFORMATION CONTACT: Gary A. Lukowski, Ph.D., Manager, Data 
Analysis, at 202-606-1449.

    U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-28834 Filed 11-12-10; 8:45 am]
BILLING CODE 6325-46-P
```
#### § 1784.37 Procurement of recovered materials.

When a grant is made to the DEC, the state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Editorial Note on Part 1951
Editorial Notes: 1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office. 2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

§ 1951.859 Term of loans. ( a ) No loans shall be extended for a period exceeding 30 years. Principal payments on loans will be made at least annually. The initial principal payment may be deferred not more than 3 years.
( b ) The terms of loan repayment will be those stipulated in the loan agreement and/or promissory note.
ex10-19.htm


Exhibit 10.19


MARKETING SERVICES AGREEMENT


 


THIS MARKETING SERVICES AGREEMENT (this “Agreement”) is made and entered into effective as of December 1, 2012 (the “Effective Date”) by and among Stacked Digital, LLC a Washington limited liability company (“Stacked”), with its officers at 80 E. Rio Salado Parkway, Suite 115, Tempe, AZ 85281 and WAT Works, LLC a Utah limited liability company (“WAT Works”), with its primary place of business located at 4525 South 2300 East, Suite 150, Holladay, UT 84117.


 


WHEREAS, Stacked is an owner and marketer of online products and services.


 


WHEREAS, WAT Works is experienced in the development and online marketing of health and wellness related consumer products.


 


NOW THERFORE, Stacked desires to engage WAT Works and WAT Works agrees to be engaged by and assist Stacked in developing and marketing a line of health and wellness related consumer products and services (the “Services”) as may be defined and agreed to by the Parties from time to time either verbally or in writing and WAT Works agrees to provide such Services to Stacked.  Both Parties agree the Services are to be provided on an exclusive basis and that WAT Works will provide no other such services to any other clients.


 


In exchange for the exclusive Services provided to Stacked, Stacked agrees to pay WAT Works for all direct costs incurred in delivering the Services.  WAT Works will invoice Stacked for Services and all such invoices shall be due and payable within 30 days.


 


Stacked and WAT Works shall, from time to time, jointly develop an estimated monthly budget for the Services.  Stacked shall review and approve such budgets on a timely basis and WAT Works shall put forth best efforts to maintain expenditures within a reasonable range of the most recently approved monthly budget then in effect.


 


Term


 


The initial term of this Agreement shall run on a month-to-month basis.


 


Cancellation


 


Either party may cancel this agreement for any reason at any time.


 


Governing Law


 


This Agreement will be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to conflicts of laws principles.




 


IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement effective as of the Effective Date.


 


Stacked, LLC







By:                                                           


Name:   Michael J. Schifsky


Title:     CFO









WAT Works, LLC


 


Name:   Chris Armstrong


Title:     Member
Order entered June 25, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01126-CV

BRIGETTA D’OLIVIO, Appellant

V.

ERHARD HERMUS, Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-16-14449

ORDER

Before the Court is appellant’s June 24, 2019 motion for extension of time to file her 

brief on the merits. We GRANT the motion. We ORDER the brief tendered to this Court by 

appellant on June 24, 2019 filed as of the date of this order.

/s/ BILL WHITEHILL

JUSTICE
----

| Date:  November 15, 2010 | By:    | /s/ O. Leonard Dorminey                           |
|------------------------------------|--------|---------------------------------------------------|
|                               |   | O. Leonard Dorminey                               |
|                               |   | President and Chief Executive Officer             |
|                               |   |                                              |
|                               |   |                                              |
| Date:  November 15, 2010 | By:    | /s/ T. Heath Fountain                             |
|                               |   | T. Heath Fountain                                 |
|                               |   | Senior Vice President and Chief Financial Officer |

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM NL
INDUSTRIES INC.'S CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED
MARCH 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          77,662
<SECURITIES>                                         0
<RECEIVABLES>                                  151,844
<ALLOWANCES>                                     2,699
<INVENTORY>                                    194,033
<CURRENT-ASSETS>                               444,722
<PP&E>                                         913,526
<DEPRECIATION>                                 472,279
<TOTAL-ASSETS>                               1,141,368
<CURRENT-LIABILITIES>                          224,506
<BONDS>                                        746,605
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,355
<OTHER-SE>                                   (245,550)
<TOTAL-LIABILITY-AND-EQUITY>                 1,141,368
<SALES>                                        239,476
<TOTAL-REVENUES>                               241,718
<CGS>                                          185,035
<TOTAL-COSTS>                                  185,035
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,958
<INCOME-PRETAX>                               (33,421)
<INCOME-TAX>                                     2,292
<INCOME-CONTINUING>                           (35,721)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (35,721)
<EPS-PRIMARY>                                   (0.70)
<EPS-DILUTED>                                   (0.70)
        

</TABLE>
#### § 1700.102 Eligible programs.

SUTA does not apply to all RUS programs. SUTA only applies to eligible programs. An eligible program means a program administered by RUS and authorized in paragraph (a) of the RE Act, or paragraphs (b)(1), (2), (14), (22), or (24) of section 306(a) (7 U.S.C. 1926(a)(1), (2), (14), (22), (24)), or sections 306A, 306C, 306D, or 306E of the Con Act (7 U.S.C. 1926a, 1926c, 1926d, 1926e).