alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
VACATE and DISMISS; and Opinion Filed February 8, 2018.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 17

- 01038

- CV

PATRICK GORMAN , Appellant

V. XOCHITL BENVENUTO , Appellee

On Appeal from the 193rd Judicial District Court

Dallas County, Texas Trial Court Cause No. DC

- 16

- 01262



### MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Brown Before the Court is appellant’s agreed motion for rehear ing on the appellate judgment. We
deny the motion. On the Court’s own motion, we vacate the opinion and corresponding judgment
dated January 22, 2018. This is now the opinion of the Court.
Before the Court is appellant’s January 8, 2018 agreed motion to vacate the trial court’s
judgment. Appellant filed this appeal seeking review of the trial court’s final judgment and
attendant trial and pretrial rulings. Since filing, the parties agreed to mediation and were able to

resolve all of their issues relate d to this appeal. Per their settlement agreement, the parties wish to
set aside the trial court’s judgment and dismiss the litigation. Specifically, appellant “prays this
Court: (1) vacate the trial court’s judgment from which this appeal is taken, witho ut regard to the– 2

–

merits, and (2) render judgment dismissing [a]ppellee’s claims against [a]ppellant with prejudice,
with each party bearing its own costs.”
We grant the parties’ motion, vacate the trial court’s judgment without regard to the merits,

and re nder ju dgment dismissing the case with prejudice. See T EX

. R. A PP

. P. 42.1(a)(1)(A),

43.2(e).

171038F.P05 /Ada Brown/ ADA BROWN JUSTICE– 3

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

PATRICK GORMAN, Appellant

No. 05

- 17

- 01038

- CV V.

XOCHITL BENVENUTO, Appellee On Appeal from the 193rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC

- 16

- 01262. Opinion delivered by Justice Brown. Justices Lang and Whitehill participating.

In accorda nce with this Court’s opinion of this date, we VACATE the trial court’s judgment without regard to the merits, and RENDER judgment dismissing the case with prejudice.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 8th day of February, 2018.
PUBLIC LAW 108–395—OCT. 30, 2004 118 STAT. 2249

LEGISLATIVE HISTORY—H.R. 4556:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 7, considered and passed House.

Oct. 10, considered and passed Senate.

Æ

Public Law 108–395

108th Congress

An Act

To designate the facility of the United States Postal Service located at 1115 South

Clinton Avenue in Dunn, North Carolina, as the ‘‘General William Carey Lee

Post Office Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The facility of the United States Postal Service located at

1115 South Clinton Avenue in Dunn, North Carolina, shall be

known and designated as the ‘‘General William Carey Lee Post

Office Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘General

William Carey Lee Post Office Building’’.

Approved October 30, 2004.

Oct. 30, 2004

[H.R. 4556]
EXHIBIT 32



     CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
           PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I,  Adam  R.  Cegielski,  certify,  pursuant  to 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906  of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Konigsberg Corporation on Form 10-QSB for the fiscal quarter
ended  June  30,  2006  fully complies with the requirements of Section 13(a) or
15(d)  of  the Securities Exchange Act of 1934 and that information contained in
such  Form  10-QSB  fairly  presents  in  all  material  respects  the financial
condition  and  results  of  operations  of  Konigsberg  Corporation.


Date: August 21, 2006

                                        By: /s/ Adam R. Cegielski
                                            ---------------------
                                            Adam R. Cegielski,
                                            Chief Executive Officer and
                                            Principal Financial Officer

<PAGE>
Opinion filed March 26, 2020



### In The 

# Eleventh Court of Appeals

__________
No. 11

- 1 9

- 00 086

- CV

__________
RUSTY’S OILFIELD SERVICE CO., INC. , Appellant

V.
RUGER PROPERTIES, LLC , Appellee

On Appeal from the County Court at Law
Midl and County, Texas
T rial Court Cause No. C C20894

M E M O R A N D U M O P I N I O N
The parties have filed in this court a joint motion to dismiss this appeal. In
the motion, the parties state that they “ have reached an agreement to compromise
and settle their differences in the underlying lawsuit

. ” The parties request that we
dismiss this appeal and tax cost s against the party incurring same

. See T EX

. R.

A PP

. P. 42.1.2

The motion is granted, and the appeal is dismissed

.

PER CURIAM

March 26, 2020

Panel consists of: Bailey, C. J., Stretcher , J., and Wright, S.C.J. 1

Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.
PRIVATE LAW 108–5—DEC. 3, 2004

Private Law 108–5

108th Congress

An Act

For the relief of Rocco A. Trecosta of Fort Lauderdale, Florida.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. COMPENSATION OF BACK PAY.

(a) IN GENERAL.—The Secretary of the Treasury shall pay,

out of any money in the Treasury not otherwise appropriated,

to Mr. Rocco A. Trecosta of Fort Lauderdale, Florida, the sum

of $10,000 for compensation for back pay not received as an

employee of the Department of Defense Overseas Dependent Schools

for service performed during the period beginning April 14, 1966,

through June 30, 1975. Payment under this subsection is made

after the transmission of the applicable report of the United States

Court of Federal Claims under section 2509 of title 28, United

States Code.

(b) NO INFERENCE OF LIABILITY.—Nothing in this section shall

be construed as an inference of liability on the part of the United

States.

(c) FULL SATISFACTION OF CLAIMS.—The payment authorized

under subsection (a) shall be in full satisfaction of all claims of

Rocco A. Trecosta against the United States for back pay in connection with his service in the Department of Defense Overseas

Dependent Schools.

(d) LIMITATION ON AGENTS AND ATTORNEYS FEES.—No more

than 10 percent of the payment authorized by this Act may be

paid to or received by any agent or attorney for services rendered

in connection with obtaining such payment, any contract to the

contrary notwithstanding. Any person who violates this subsection

Dec. 3, 2004

[S. 2042]

PRIVATE LAW 108–5—DEC. 3, 2004

shall be guilty of a misdemeanor and shall be subject to a fine

in the amount provided in title 18, United States Code.

Approved December 3, 2004.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ANNUAL AUDITED FINANCIAL STATEMENT AND IS QUALIFIED IN IS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          MAY-31-1999             MAY-31-1998
<PERIOD-START>                             JUN-01-1999             JUN-01-1998
<PERIOD-END>                               MAY-31-1999             MAY-31-1998
<CASH>                                         434,091                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  200,684                       0
<ALLOWANCES>                                  (12,300)                       0
<INVENTORY>                                    412,839                       0
<CURRENT-ASSETS>                             1,055,943                       0
<PP&E>                                         694,061                       0
<DEPRECIATION>                               (669,975)                       0
<TOTAL-ASSETS>                               1,098,200                       0
<CURRENT-LIABILITIES>                          281,904                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     2,383,385                       0
<OTHER-SE>                                 (1,567,089)                       0
<TOTAL-LIABILITY-AND-EQUITY>                 1,098,200                       0
<SALES>                                      1,432,373               1,685,512
<TOTAL-REVENUES>                             1,455,879               1,817,595
<CGS>                                        (962,234)               (965,928)
<TOTAL-COSTS>                              (1,756,202)             (1,753,284)
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              (300,323)                  64,311
<INCOME-TAX>                                     (800)                   (800)
<INCOME-CONTINUING>                          (301,123)                  63,511
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (301,123)                  63,511
<EPS-BASIC>                                     (0.21)                    0.04
<EPS-DILUTED>                                   (0.21)                    0.04


</TABLE>
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Anthony Kai Yiu Lo, Co-Chief Executive Officer and principal financial officer of Shanghai Century Acquisition Corporation (the Company), do hereby certify, 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:



| |  |  | the quarterly report on Form 10-Q of the Company for the quarters ended March 31, 2007, as filed with the Securities and Exchange Commission (the
Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | - |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 14, 2007



|                                                                     
|---------------------------------------------------------------------
|/s/ Anthony Kai Yiu Lo Anthony Kai Yiu
Lo Principal financial officer



25
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. CASE NO. 1:88-cr-01007-MP-AK-2

WILLIE BUD REED, JR,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 1416, Motion for Reconsideration Pursuant to

Fed. R. Civ. P. 59(e) by Willie Bud Reed, Jr. Defendant requests reconsideration of the Court’s

order denying his motion to revisit. Rule 59(e) permits a motion to alter or amend a judgment. 

Here, defendant requests reconsideration of an order, which is properly brought under Rule

60(b). Nevertheless, defendant fails to provide any justification for reconsidering the Court’s

order.

Moreover, defendant’s motion attacks the sentence imposed by this Court and is properly

construed as a § 2255 motion. Defendant was previously denied collateral relief on the merits of

his § 2255 motion, and therefore he is barred from seeking such relief in this Court absent prior

certification from the Eleventh Circuit. See 28 U.S.C. §§ 2255(h), 2244(b)(3). Accordingly, it is

hereby

ORDERED AND ADJUDGED:
Page 2 of 2

1. Defendant’s motion for reconsideration, Doc. 1416, is DENIED.

DONE AND ORDERED this 9th day of September, 2011

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case No: 1:88-cr-01007-MP-AK-2
*Tuesday, October 13, 1998*

DISCIPLINARY DOCKET

98-1909.

#### Elsass v. Columbus Bar Assn.

On September 16, 1998, appellant, Tobias H. Elsass, filed with this court a notice of appeal and on September 21,1998, appellee, Columbus Bar Association, filed a motion to dismiss appellant’s appeal. Upon consideration thereof,

IT IS ORDERED by the court that appellee’s motion to dismiss be, and hereby is, granted, and that appellant’s notice of appeal be, and hereby is, stricken.

Douglas, Acting C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Moyer, C. J., not participating.
**Exhibit
      32.1**







CERTIFICATION




PURSUANT
      TO




SECTION
      1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE




I,
      John
      M. Kelly, the President and principal executive officer of Man Investments
      (USA)
      Corp., the Managing Member of Man-AHL 130, LLC (“Man-AHL 130”), certify that (i)
      the Quarterly Report of Man-AHL 130 on Form 10-Q for the period ending September
      30, 2007 fully complies with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and (ii) the information contained in such
      Report fairly presents, in all material respects, the financial condition and
      results of operations of Man-AHL 130.





Date: 
                November 13, 2007
            
            /s/ John
              M. KellyJohn M.
                Kelly
              President




E-4
#### § 3550.64 Down payment.

Elderly families must use any net family assets in excess of $20,000 towards a down payment on the property. Non-elderly families must use net family assets in excess of $15,000 towards a down payment on the property. Applicants may contribute assets in addition to the required down payment to further reduce the amount to be financed.

[73 FR 49593, Aug. 22, 2008]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED  FROM
EPOLIN, INC.'S ANNUAL REPORT FOR THE FISCAL YEAR ENDED FEBRUARY 28, 1997 
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                      YEAR
<FISCAL-YEAR-END>                  FEB-28-1997
<PERIOD-END>                       FEB-28-1997
<CASH>                             252,803
<SECURITIES>                       0
<RECEIVABLES>                      226,524
<ALLOWANCES>                       0
<INVENTORY>                        341,688
<CURRENT-ASSETS>                   966,576
<PP&E>                             638,731
<DEPRECIATION>                     495,595
<TOTAL-ASSETS>                     1,441,682
<CURRENT-LIABILITIES>              58,286
<BONDS>                            0
<COMMON>                           2,206,984
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                         0
<TOTAL-LIABILITY-AND-EQUITY>       1,360,343
<SALES>                            1,414,226
<TOTAL-REVENUES>                   1,414,226
<CGS>                              500,975
<TOTAL-COSTS>                      500,975
<OTHER-EXPENSES>                   616,438
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 0
<INCOME-PRETAX>                    332,271
<INCOME-TAX>                       122,720
<INCOME-CONTINUING>                209,551
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       209,551
<EPS-PRIMARY>                      .02
<EPS-DILUTED>                      .02



</TABLE>
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  26  LLC  (the "Company") on Form 10-Q for the period  ended
March  31,  2011,  as  filed  with the  Securities  and  Exchange
Commission  on  the date hereof (the "Report"), the  undersigned,
Robert  P.  Johnson, President of AEI Fund Management XXI,  Inc.,
the  Managing Member of the Company, and Patrick W. Keene,  Chief
Financial Officer of AEI Fund Management XXI, Inc., each certify,
pursuant  to  18 U.S.C. 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/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              May 12, 2011



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              May 12, 2011
**Exhibit 21.1**

**SUBSIDIARIES OF THE REGISTRANT**

Alliance Bank, N.A.is a wholly-owned subsidiary of Alliance Financial Corporation and is a national banking association organized under the laws of the United States. 

Alliance Financial Capital Trust I is a wholly-owned subsidiary of Alliance Financial Corporation and is organized under the laws of the State of Delaware. 

Alliance Financial Capital Trust II is a wholly-owned subsidiary of Alliance Financial Corporation and is organized under the laws of theState of Delaware. 

Ladd’s Agency, Inc. is a wholly-owned subsidiary of Alliance Financial Corporation and is organizedunder the laws of the State of New York. 

Alliance Preferred Funding Corp. is a substantially wholly-owned subsidiary ofAlliance Bank, N.A. and is organized under the laws of the State of Delaware. 

Alliance Leasing, Inc. is a wholly-ownedsubsidiary of Alliance Bank, N.A. and is organized under the laws of the State of New York.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. 4:84cr4006-WS

KENNETH GASTON,

Defendant.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 764)

docketed March 3, 2006. The magistrate judge recommends that the defendant's

various notices (docs. 761-763) be summarily dismissed. The defendant has since filed

an “Affidavit of Transmittal” (doc. 765). He has not, however, filed objections to the

report and recommendation.

Upon review of the record, the court has determined that the magistrate judge’s

report and recommendation must be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 764) is adopted and

incorporated by reference in this order of the court.

Case 4:89-cr-04006-WS-WCS Document 766 Filed 04/13/06 Page 1 of 2
Page 2 of 2

2. The defendant’s notices (docs. 761-763) are hereby summarily DISMISSED. 

3. The clerk shall enter judgment accordingly.

DONE AND ORDERED this April 13, 2006.

 /s William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case 4:89-cr-04006-WS-WCS Document 766 Filed 04/13/06 Page 2 of 2
#### § 3560.150 OMB control number.

The information collection requirements contained in this regulation have been approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 0575-0189. Public reporting burden for this collection of information is estimated to vary from 15 minutes to 18 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
149 So.2d 763

#### Succession of Nat MARTIN et al.

No. 46498.

Feb. 8, 1963.

Writ refused. The result is correct.
Mr. Nick Parsons 

Environmental Engineer 

U.S. Environmental Protection Agency 

OAR/OAQPS/SPPD/CCGEPA Denver (Region 8) 

In Re Docket ID: EPA-HQ-Oq-2010-0505 

Dear Mr. Parsons: 

As a Family Doctor in Utah, I am obligated to write that I have significant concern over the increased

drilling in the Colorado Plateau. 

The oil and gas development in the Colorado Plateau is detrimental to regional air quality and on 

children's health. Smog forming compounds and other air toxics are released at virtually every phase of 

oil and gas drilling. We have an increasing rate of diagnosis of asthma in Utah as well as clear spikes in 

admissions for asthma attacks in our kids when air quality is poor. The overall quality of life is 

significantly impacted along the Wasatch front and Utah, and all factors must be addressed. 

According to data compiled by Rocky Mountain Clean Air Action and presented in 2007 to the Western 

Governors Association, a single EnCana natural gas processing plant in Rio Blanco County has the 

potential to release nitrogen oxides, carbon monoxide and volatile organic compounds equal to the 

emissions from 43,000 cars! Oil and gas drilling in the Rocky Mountain region is expected to release 

251,948 tons of nitrogen oxides annually by 2018, as much as over 13 million cars. 

13 million cars. 

We know that these emissions directly impact our air quality and I ask you to support health and review 

the potential impacts of leases on drilling. This is not a short-term problem, the is a long-term 

commitment to our health and children's health. You can do your part to make HEALTH a #1 concern 

as I do. 

Sarah Woolsey, MD 

e Docket ID: EPA-HQ-Oq-2010-0505

Sarah Woolsey 

to: 

Nick Parsons 

08/02/2010 10:34 AM 

Show Details 

Page 1 of 1

file://C:\Documents and Settings\nparsons\Local Settings\Temp\notesFCBCEE\~web4050.h... 8/9/2010