alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

August 3, 2018

No. 04-16-00630-CR & 04-16-00631-CR

Cody Lon SMITH,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Kerr County, Texas

Trial Court No. B-07-057 & B-15-631

Honorable Rex Emerson, Judge Presiding

O R D E R

Appellant Cody Lon Smith has filed a motion to disqualify and recuse all seven members 

of this court from further participation in these appeals. In ruling on both the motion to 

disqualify and for recusal, the justices of the court followed the procedure set forth in Texas Rule 

of Appellate Procedure 16.3(b).

1

Before any further proceeding in these appeals, each of the seven challenged justices 

considered the motion in chambers. Each of them found no ground to disqualify or recuse herself 

and certified the matter to the entire court. The court then decided the motion with respect to 

each justice by a vote of the remaining justices sitting en banc. The challenged justice did not sit 

with the remainder of the court to consider the motion as to her. 

As to each of the seven challenged justices who certified the issue of her disqualification 

and recusal to the entire court, a majority of the remaining justices voted to deny the motion to 

disqualify and for recusal of the justice under consideration. 

The Defendant’s Motion for Recusal and to Disqualify the Fourth Court of Appeals is 

therefore DENIED.

 

1 The appellate rules do not specify a procedure for deciding a motion for disqualification, and the court has 

determined to follow the procedure for motions to recuse found in Rule 16.3(b). See TEX. R. APP. P. 16.1, 16.3.
It is so ORDERED on August 3, 2018.

PER CURIAM

ATTESTED TO: __________________________

 Keith E. Hottle

 Clerk of Court
39–008 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–769 

WAIVING POINTS OF ORDER AGAINST THE CONFERENCE 

REPORT TO ACCOMPANY H.R. 4200, NATIONAL DEFENSE 

AUTHORIZATION ACT FOR FISCAL YEAR 2005 

OCTOBER 8, 2004.—Referred to the House Calendar and ordered to be printed 

Mrs. MYRICK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 843] 

The Committee on Rules, having had under consideration House 

Resolution 843, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives all points of order against the conference 

report to accompany H.R. 4200, National Defense Authorization 

Act for Fiscal Year 2005, and against its consideration. Finally, the 

rule provides that the conference report shall be considered as 

read. 

Æ
§ 4288.22 Ranking of applications. All scored applications will be ranked by the Agency as soon after the application deadline as possible. The Agency will consider the score an application has received compared to the scores of other applications in the priority list, with higher scoring applications receiving first consideration for payments. ( a ) *Selection of applications for payments.* Using the application scoring criteria point values specified in § 4288.21 of this subpart, the Agency will select applications for payments.
( b ) *Availability of funds.* As applications are funded, if insufficient funds remain to pay the next highest scoring application, the Agency may elect to pay a lower scoring application. Before this occurs, the Agency will provide the applicant of the higher scoring application the opportunity to reduce the amount of its payment request to the amount of funds available. If the applicant agrees to lower its payment request, it must certify that the purposes of the project can be met, and the Agency must determine the project is feasible at the lower amount.
Version 1.0

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Bulletin PDF file (4.3 MB)

Text-only PDF file (748 KB)
(This version of the report is accessible as defined in Section 508.)

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|AccessibilityFOIAPrivacyPolicies and Notices                                                                                                                                                           
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|U.S. Department of the Interior | U.S. Geological Survey
      URL: https://pubsdata.usgs.gov/pubs/bul/b2202-e/
Questions or Assistance: USGS Web Contact
Page Last Modified: Wed Nov 23 11:18 EDT 2016

---
1 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

LIABILITY LITIGATION 

This Document Relates to: 

William Wayman 

Case No. 7:20-cv-00149 

Case No. 3:19-md-2885-MCR-GRJ 

Judge M. Casey Rodgers 

Magistrate Judge Gary R. Jones 

JOINT STIPULATION REGARDING THE CALCULATION 

OF PREJUDGMENT INTEREST UNDER COLORADO LAW 

 For the purpose of calculating prejudgment interest under Colorado law, see 

Dkt. 196, the parties agree that prejudgment interest accrued at a rate of 8% per 

year, from an accrual date of October 30, 2019, based upon the jury’s verdict. 

Dated: May 19, 2022 Respectfully submitted, 

/s/ Robert C. Brock 

Robert C. “Mike” Brock 

Kasdin M. Mitchell 

KIRKLAND & ELLIS LLP 

mike.brock@kirkland.com 

kasdin.mitchell@kirkland.com 

1301 Pennsylvania Avenue N.W. 

Washington, D.C. 20004 

Telephone: (202) 389-5991 

Mark J. Nomellini 

KIRKLAND & ELLIS LLP 

mnomellini@kirkland.com 

300 North LaSalle 

Chicago, Illinois 60654 

Telephone: (312) 862-2000 

/s/ David R. Buchanan 

David R. Buchanan 

(Admitted Pro Hac Vice) 

New Jersey State Bar No. 042741993 

Caleb A. Seeley 

(Admitted Pro Hac Vice) 

NJ Bar No. 303522019 

Maxwell H. Kelly 

(Admitted Pro Hac Vice) 

New Jersey State Bar No.177562019 

SEEGER WEISS LLP 

55 Challenger Road 6th Floor 

Ridgefield Park, NJ 07660 

Tel.: (212) 584-0700 

dbuchanan@seegerweiss.com 

Case 7:20-cv-00149-MCR-GRJ Document 197 Filed 05/19/22 Page 1 of 3
2 

Counsel for Defendants 3M Company, 

3M Occupational Safety LLC, Aearo 

Holding LLC, Aearo Intermediate 

LLC, Aearo LLC, and Aearo 

Technologies LLC 

Bryan F. Aylstock 

Florida State Bar No. 078263 

Aylstock, Witkin, Kreis & Overholtz, 

PLLC 

17 East Main Street 

Suite 200 

Pensacola, FL 32502 

Tel.: (850) 202-1010 

baylstock@awkolaw.com 

Counsel for Plaintiff William 

Wayman 

 

Case 7:20-cv-00149-MCR-GRJ Document 197 Filed 05/19/22 Page 2 of 3
3 

CERTIFICATE OF SERVICE 

In compliance with Rule 5.1(F) of the Local Rules of the United States District 

Court Northern District of Florida, I hereby certify that a true and correct copy of 

the foregoing was filed electronically with the Clerk of the Court using the CM/ECF 

system on May 19, 2022 and served electronically on all counsel of record. 

/s/ Robert C. Brock 

Robert C. “Mike” Brock 

Case 7:20-cv-00149-MCR-GRJ Document 197 Filed 05/19/22 Page 3 of 3
Part 21 - Reserved

Parent topic: Federal Acquisition Regulation
28.106 Administration.

28.106-1 Bonds and bond-related forms.

28.106-2 Substitution of surety bonds.

28.106-3 Additional bond and security.

28.106-4 Contract clause.

28.106-5 Consent of surety.

28.106-6 Furnishing information.

28.106-7 Withholding contract payments.

28.106-8 Payment to subcontractors or suppliers.

Parent topic: Subpart 28.1 - Bonds and Other Financial Protections
§ 3570.68 Selection process. Each request for grant assistance will be carefully scored and prioritized to determine which projects should be selected for further development and funding. ( a ) *Selection of applications for further processing.* The approval official will, subject to paragraph (b) of this section, authorize grants for those eligible preapplications with the highest priority score. When selecting projects, the following circumstances must be considered: ( 1 ) Scoring of project and scores of other applications on hand;
( 2 ) Funds available in the State allocation; and
( 3 ) If other Community Facilities financial assistance is needed for the project, the availability of other funding sources.
( b ) *Lower scoring projects.* ( 1 ) In cases when preliminary cost estimates indicate that an eligible, high-scoring application is not feasible, or would require grant assistance exceeding 50 percent of a State's current annual allocation, or an amount greater than that remaining in the State's allocation, the approval official may instead select the next lower-scoring application for further processing provided the high-scoring applicant is notified of this action and given an opportunity to review the proposal and resubmit it prior to selection of the next application.
( 2 ) If it is found that there is no effective way to reduce costs, the approval official, after consultation with the applicant, may request an additional allocation of funds from the National office.
157 So.2d 233

#### KOLLER CONSTRUCTION CO., Inc. v. SOUTHERN UTILITY SUPPLY CO., Inc. SOUTHERN UTILITY SUPPLY CO., Inc. v. KOLLER CONSTRUCTION CO., Inc.

No. 46978.

Nov. 12, 1963.

In re: Southern Utility Supply Co., Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of St. Mary. 156 So.2d .110.

Writ denied. No error of law under the facts found by the Court of Appeal.
§ 51.2732 U.S. No. 2 Spanish. “U.S. No. 2 Spanish” consists of shelled Spanish type peanut kernels which may be split or broken, but which are free from foreign material, damage, and minor defects, and which will not pass through a screen having 16 ⁄ 64 inch round openings. ( a ) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: ( 1 ) 2 percent for other types of peanuts;
( 2 ) 2.5 percent for damaged or unshelled peanuts and minor defects;
( 3 ) 0.2 percent for foreign material; and,
( 4 ) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 5:03-cr-05-MCR-GRJ

HERBERT D. BROWN,

____________________________/

O R D E R

This case is before the Court on Doc. 121, Defendant’s Second Amended

Motion To Vacate, Set Aside, Or Correct Sentence pursuant to 28 U.S.C. § 2255, and

Doc. 122, Defendant’s Memorandum in Support. Pursuant to the Rules Governing §

2255 proceedings, the Government will be required to file an answer or other response. 

Upon receipt of the Government's response and Defendant's reply, if any, the Court will

review the file to determine whether an evidentiary hearing is required. If an evidentiary

hearing is not required, the Court will dispose of the motion as justice requires pursuant

to § 2255 Rule 8(a). 

 Accordingly, it is ORDERED:

1. The Clerk shall furnish by certified mail, return receipt requested, this Order

and Docs. 121 & 122 to the United States Attorney for this district, who shall file

an answer or other appropriate pleading no later than October 1, 2012.

2. If review of the PSR is necessary, the Probation Office shall allow counsel for

the Government to review the PSR upon request.

3. Defendant shall have until October 31, 2012, to file a reply, if desired.

DONE AND ORDERED this 2 day of August 2012. 

nd

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Financial Institutions Examination Council

          - [Docket No. AS10-11]

# AGENCY:

Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

# ACTION:

Notice of meeting.

*Description:*                     In accordance with Section 1104(b) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, notice is hereby given that the Appraisal Subcommittee (ASC) will meet in closed session:                

*Location:*                     FDIC Building, 1776 F Street, NW., Room 4085, Washington, DC 20429.                

*Date:*                     December 8, 2010.                

*Time:*                     Immediately following the ASC open session beginning at 11:15 a.m.                

*Status:*                     Closed.                

*Matters to be Considered:*

November 10, 2010 minutes—Closed Session.

Preliminary discussion of State Compliance Reviews.

Dated: November 26, 2010.

James R. Park,

Executive Director.

[FR Doc. 2010-30214 Filed 11-30-10; 8:45 am]

BILLING CODE P
<TABLE> <S> <C>


<ARTICLE>                                            9
<LEGEND>
   This schedule contains summary financial information extracted from
Highlands Bankshares, Inc. Form 10Q and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                          5,043
<INT-BEARING-DEPOSITS>                          3,461
<FED-FUNDS-SOLD>                                5,296
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                    26,776
<INVESTMENTS-CARRYING>                          3,019
<INVESTMENTS-MARKET>                            2,997
<LOANS>                                       167,629
<ALLOWANCE>                                    (1,389)
<TOTAL-ASSETS>                                222,867
<DEPOSITS>                                    194,006
<SHORT-TERM>                                      183
<LIABILITIES-OTHER>                             1,826
<LONG-TERM>                                     2,297
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        2,734
<OTHER-SE>                                     21,821
<TOTAL-LIABILITIES-AND-EQUITY>                222,867
<INTEREST-LOAN>                                 3,633
<INTEREST-INVEST>                                 454
<INTEREST-OTHER>                                   93
<INTEREST-TOTAL>                                4,180
<INTEREST-DEPOSIT>                              1,925
<INTEREST-EXPENSE>                              1,960
<INTEREST-INCOME-NET>                           2,220
<LOAN-LOSSES>                                     120
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                                 1,571
<INCOME-PRETAX>                                   808
<INCOME-PRE-EXTRAORDINARY>                        538
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      538
<EPS-BASIC>                                      1.07
<EPS-DILUTED>                                    1.07
<YIELD-ACTUAL>                                   4.41
<LOANS-NON>                                       214
<LOANS-PAST>                                      314
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                1,318
<CHARGE-OFFS>                                      87
<RECOVERIES>                                       38
<ALLOWANCE-CLOSE>                               1,389
<ALLOWANCE-DOMESTIC>                            1,389
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
Case 3:20-cv-05484-TKW-MJF Document 16 Filed 11/02/20 Page 1 of 5
Case 3:20-cv-05484-TKW-MJF Document 16 Filed 11/02/20 Page 2 of 5
Case 3:20-cv-05484-TKW-MJF Document 16 Filed 11/02/20 Page 3 of 5
Case 3:20-cv-05484-TKW-MJF Document 16 Filed 11/02/20 Page 4 of 5
Case 3:20-cv-05484-TKW-MJF Document 16 Filed 11/02/20 Page 5 of 5
From: <Hall.Josh@epamail.epa.gov>

To: <Thomas.Finseth@erg.com>

CC: <Jordan.Ronald@epamail.epa.gov>, <Alicea.Jezebele@epamail.epa.gov>

Date: 1/25/2010 3:27 PM

Subject: Fw: Cardinal Site Visit

Attachments: CD NPDES Fact Sheet 08.pdf; Cardinal Water Balance 11

- 2008.pdf; pic05556.gif

FYI

----- Forwarded by Josh Hall/DC/USEPA/US on 01/25/2010 03:22 PM

-----

From: twlohner@aep.com

To: Josh Hall/DC/USEPA/US@EPA

Date: 01/25/2010 10:26 AM

Subject: Re: Cardinal Site Visit

Josh, as you requested, I am providing a Cardinal Plant flo w diagram, as

well as the most recent NPDES fact sheet (attached). I will also be

sending you hard copies of the FGD wastewater treatment engineering

diagrams/reports and water balance/flow diagrams. For now, I ask that

you please keep the FGD wastewater treatment plant information

confidential. If this becomes problematic, it can be discussed during

you visit on February 2nd.

By the way, have you finalized your agenda for the site visit? Knowing

the anticipated times of your arrival and departure, lunch plans, etc.,

would be helpful. Also, can you give me an address for the hard copies?

Tim

(See attached file: CD NPDES Fact Sheet 08.pdf)(See attached file:

Cardinal Water Balance 11

- 2008.pdf)(Embedded image moved to file:

pic05556.gif)
#### In the Matter of Kinney Parking System, Inc., Petitioner, v Shel*571ley J. Sherman, as Deputy Commissioner of the New York City Department of Consumer Affairs, et al., Respondents.

Order and decision of respondent, Deputy Commissioner of the New York City Department of Consumer Affairs, dated June 15, 1979 and June 19, 1979 respectively, unanimously confirmed. Respondent shall recover of petitioner $75 costs and disbursements of this appeal. No opinion. Concur—Kupferman, J. P., Birns, Sandler, Ross and Markewich, JJ.
161 So.2d 282

#### SOUTHERN OYSTER SHELL MILLING CORPORATION v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION.

No. 47144.

March 16, 1964.

In re: Southern Oyster Shell Milling Corporation applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Terrebonne. 159 So.2d 542.

Writ refused. On the facts found by the Court of Appeal, the result is correct.
<TABLE> <S> <C>


<ARTICLE>                                           7

       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-30-1998
<DEBT-HELD-FOR-SALE>                           10021817
<DEBT-CARRYING-VALUE>                                 0
<DEBT-MARKET-VALUE>                                   0
<EQUITIES>                                         2838
<MORTGAGE>                                            0
<REAL-ESTATE>                                         0
<TOTAL-INVEST>                                 10024655
<CASH>                                          2449442
<RECOVER-REINSURE>                                26677
<DEFERRED-ACQUISITION>                           413081
<TOTAL-ASSETS>                                 14125844
<POLICY-LOSSES>                                 3248394
<UNEARNED-PREMIUMS>                               96214
<POLICY-OTHER>                                  3878391
<POLICY-HOLDER-FUNDS>                            257832
<NOTES-PAYABLE>                                       0
<PREFERRED-MANDATORY>                                 0 
<PREFERRED>                                           0 
<COMMON>                                         466239
<OTHER-SE>                                      5130254
<TOTAL-LIABILITY-AND-EQUITY>                   14125844
<PREMIUMS>                                     15041756
<INVESTMENT-INCOME>                              621118 
<INVESTMENT-GAINS>                                61929
<OTHER-INCOME>                                        0
<BENEFITS>                                     11475946

<UNDERWRITING-AMORTIZATION>                       20614     
<UNDERWRITING-OTHER>                            2077415 
<INCOME-PRETAX>                                 (630422)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                             (630422)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0 
<CHANGES>                                              0
<NET-INCOME>                                    (630422)
<EPS-PRIMARY>                                      (.04)
<EPS-DILUTED>                                      (.04)
<RESERVE-OPEN>                                   1340630
<PROVISION-CURRENT>                                    0
<PROVISION-PRIOR>                                      0
<PAYMENTS-CURRENT>                               9450553
<PAYMENTS-PRIOR>                                 1304636
<RESERVE-CLOSE>                                  1940000
<CUMULATIVE-DEFICIENCY>                            35994

        

</TABLE>
<page>
                                                           Exhibit 32.2

                         NORDSTROM CREDIT, INC.

                            13531 EAST CALEY

                       CENTENNIAL, COLORADO 80111

                    CERTIFICATION OF CHIEF FINANCIAL
              OFFICER REGARDING PERIODIC REPORT CONTAINING
                          FINANCIAL STATEMENTS

I, Michael G. Koppel, the Vice President and Treasurer of Nordstrom
Credit, Inc. (the "Company") in compliance with 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
hereby certify that the Company's Quarterly Report on Form 10-Q for the
period ended October 31, 2003 (the "Report") filed with the Securities and
Exchange Commission:

     - fully complies with the requirements of Section 13(a) 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.


                                                /s/ Michael G. Koppel
                                                ---------------------
                                                Michael G. Koppel
                                                Vice President and
                                                Treasurer
                                                December 8, 2003

A signed original of this written statement required by Section 906 has
been provided to Nordstrom Credit, Inc. and will be retained by
Nordstrom Credit, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.