alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 03-14-00737-CV 

In the Third Court of Appeals 

Austin, Texas 

____________________________________ 

CHASE CARMEN HUNTER 

 Appellant, 

v. 

DAVID MATTAX AND 

THE TEXAS DEPARTMENT OF INSURANCE 

 Appellees. 

____________________________________________ 

On Appeal from the 250th Judicial District Court 

Cause No. D-1-GN-13-001957 

Travis County, Texas 

____________________________________________ 

APPELLEES’ RESPONSE TO APPELLANT’S OPPOSITION 

TO APPELLEES’ RESPONSE TO APPELLANT’S 

EMERGENCY MOTION FOR CLARIFICATION OF THE RECORD

____________________________________________ 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

David Mattax and the Texas Department of Insurance, (“Appellees”), hereby file 

their Response to Appellant’s Opposition to Appellees’ Response to Appellant’s 

Emergency Motion for Clarification of the Record. 

I. 

In Appellant’s Opposition to Appellees’ Response to Appellant’s Emergency 

Motion for Clarification of the Record, Appellant clarifies that the relief that she seeks in 

Appellant’s Emergency Motion for Clarification of the Record is a copy of the appellate 

record for her review. Appellees agree that Appellant, who is acting as her own attorney,

ACCEPTED

03-14-00737-CV

7610382

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/30/2015 8:35:29 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/30/2015 8:35:29 AM JEFFREY D. KYLE Clerk
2

is entitled, upon request to this Court, to a copy of the appellate record. Appellants have no 

objection to this Court providing Appellant an electronic copy of the appellate record at no 

cost, as provided by the local practices of this Court.1

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

LESLI G. GINN

Division Chief

Financial Litigation and Charitable Trusts Division

 /s/ Cynthia A. Morales

Cynthia A. Morales

Assistant Attorney General

Texas State Bar No. 14417420

Financial Litigation and Charitable Trusts Division

P.O. Box 12548

Austin, Texas 78711-2548

(512) 475-4470 Phone

(512) 477-2348 Fax

cynthia.morales@texasattorneygeneral.gov

Counsel for Appellees

 

1 See http://www.txcourts.gov/3rdcoa/practice-before-the-court.aspx#checking-out-record (No. 43).
3

CERTIFICATE OF SERVICE

I hereby certify that on October 30, 2015, the above and foregoing Appellees’ 

Response to Appellant’s Objection to Appellee’s Response to Appellant’s Emergency 

Motion for Clarification of the Record was filed and served via e-service on:

Chase Carmen Hunter

340 S. Lemon Avenue #9039

Walnut, CA 91789

chase_hunter@yahoo.com

 /s/ Cynthia A. Morales

Cynthia A. Morales

Assistant Attorney General
§ 505.2 Fees for loans, copying, and reproduction of materials in library collections. ( a ) NAL will provide interlibrary loan service (including loans of original materials from its collections and copies of portions of documents with copyright compliance) and charge fees for such service to other non-Federal and non-USDA libraries and institutions. Loans will be provided within the United States and Canada only. Copies will be provided within the United States and internationally.
( b ) Interlibrary loan service will be provided at a flat fee of $18 per request for libraries paying electronically through the Online Computer Library Center's (OCLC) Interlibrary Loan Fee Management (IFM) program and at a flat rate of $25 per request for libraries paying by other methods.
( c ) Cost for replacement of lost or damaged items will be the actual cost to purchase a replacement plus a $50.00 processing fee; or if replacement cost cannot be determined, a flat rate of $75.00 for monographs or $150.00 for audiovisuals per item plus a $50.00 processing fee.
( d ) Photographic services from NAL Special Collections will be charged at cost for reproduction of the photo product (slides, transparencies, etc.) plus a preparation fee of $25.00 per half hour or fraction thereof.
#### § 51.637 Injury.

*Injury* means any specific defect described in Table 1 to § 51.652; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit.

[85 FR 68424, Oct. 29, 2020]
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. 5:03cr17-RH/WCS

BENJAMIN FRANKLIN WHITE,

Defendant.

__________________________________/

ORDER REDUCING SENTENCE

The term of imprisonment to which defendant Benjamin Franklin White is

sentenced is hereby reduced to a term of ninety-six (96) months. In all other

respects the original sentence remains unchanged.

SO ORDERED this 11th day of April, 2006. 

s/Robert L. Hinkle 

Chief United States District Judge

Case 5:03-cr-00017-RH Document 38 Filed 04/11/06 Page 1 of 1
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         304,574
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               304,574
<PP&E>                                       5,807,014
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,111,588
<CURRENT-LIABILITIES>                           94,334
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,017,254
<TOTAL-LIABILITY-AND-EQUITY>                 6,111,588
<SALES>                                        689,160
<TOTAL-REVENUES>                               702,961
<CGS>                                          130,604
<TOTAL-COSTS>                                  130,604
<OTHER-EXPENSES>                               297,416
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                274,941
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            274,941
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   274,941
<EPS-BASIC>                                       3.98
<EPS-DILUTED>                                     3.98


</TABLE>
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>      5
<MULTIPLIER>   1000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             904
<SECURITIES>                                         0
<RECEIVABLES>                                       39
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1
<OTHER ASSETS>                                      24
<PP&E>                                           1,959
<DEPRECIATION>                                    (262)
<TOTAL-ASSETS>                                   2,665
<CURRENT-LIABILITIES>                               44
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       2,621
<TOTAL-LIABILITY-AND-EQUITY>                     2,665
<SALES>                                              0
<TOTAL-REVENUES>                                   406
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   403
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 130
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  3,363
<CHANGES>                                            0
<NET-INCOME>                                     3,236
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0



</TABLE>
Exhibit 32.2


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

     I, Craig J. Kaufmann, Controller and Treasurer of SkyTerra Communications,
Inc. (the "Company"), 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 Company's Quarterly Report on Form 10-Q for the quarter ended June
     30, 2004, as filed with the Securities and Exchange Commission on the
     date hereof (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.


                                  By:  /s/ CRAIG J. KAUFMANN
                                       ---------------------------------------
                                       Name:  Craig J. Kaufmann
                                       TItle: Controller and Treasurer
                                              (Principal Accounting Officer)
                                       Date:  August 16, 2004


     This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

     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
Commission or its staff upon request.
36.609-1 Design within funding limitations.       (a) 						            The Government may require the architect-engineer contractor to design the project so that construction costs will not exceed a contractually specified dollar limit (funding limitation). If the price of construction proposed in response to a Government solicitation exceeds the construction funding limitation in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, if the cost of proposed construction is affected by events beyond the firm’s reasonable control (*e.g.,* if there is an increase in material costs which could not have been anticipated, or an undue delay by the Government in issuing a construction solicitation), the firm shall not be obligated to redesign at no cost to the Government. If a firm’s design fails to meet the contractual limitation on construction cost and the Government determines that the firm should not redesign the project, a written statement of the reasons for that determination shall be placed in the contract file.                                          (b) 						            The amount of the construction funding limitation (to be inserted in paragraph (c) of the clause at 52.236-22) is to be established during negotiations between the contractor and the Government. This estimated construction contract price shall take into account any statutory or other limitations and exclude any allowances for Government supervision and overhead and any amounts set aside by the Government for contingencies. In negotiating the amount, the contracting officer should make available to the contractor the information upon which the Government has based its initial construction estimate and any subsequently acquired information that may affect the construction costs.                                          (c) 						            The contracting officer shall insert the clause at 52.236-22, Design Within Funding Limitations, in fixed-price architect-engineer contracts except when-                                                         (1) 								                The head of the contracting activity or a designee determines in writing that cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary;                                                            (2) 								                The design is for a standard structure and is not intended for a specific location; or                                                            (3) 								                There is little or no design effort involved.    **Parent topic:** 36.609 Contract clauses.
§ 3555.202 Dwelling requirements. ( a ) *New dwellings.* New dwellings must be constructed in accordance with certified plans and specifications, and must meet or exceed the International Energy Conservation Code (IECC) in effect at the time of construction. The lender must obtain and retain evidence of construction costs, inspection reports, certifications, and builder warranties acceptable to Rural Development.
( b ) *Existing dwellings.* Existing dwellings are considered to meet the following criteria when inspected and certified as meeting HUD requirements for one-to-four unit dwellings in accordance with Agency guidelines: ( 1 ) Be structurally sound;
( 2 ) Be functionally adequate;
( 3 ) Be in good repair, or to be placed in good repair with loan funds; and
( 4 ) Have adequate and safe electrical, heating, plumbing, water, and wastewater disposal systems.
( c ) *Escrow account for exterior or interior development.* This paragraph does not apply if the development is related to a “combination construction and permanent loan” under § 3555.101(c). If a dwelling is complete with the exception of interior or exterior development work, Rural Development may issue the Loan Note Guarantee on the loan if the following conditions are met: ( 1 ) The incomplete work does not affect the habitability of the dwelling, nor the health or safety of the housing occupants.
( 2 ) The cost of any remaining interior or exterior work is not greater than 10 percent of the final loan amount.
( 3 ) An escrow account is funded in an amount sufficient to assure the completion of the remaining work. This figure must be at least 100 percent of the cost of completion but may be higher if the lender determines a higher amount is needed.
( 4 ) The builder or a licensed contractor has executed a contract providing for completion of the planned development within 180 days of loan closing. If the borrower will be completing the planned development on an existing dwelling without the services of a contractor, the requirement for an executed contract is waived when all of the following conditions are met: ( i ) The estimated cost to complete the work is less than 10 percent of the total loan amount;
( ii ) The escrow amount is less than or equal to $10,000; and
( iii ) The lender has determined the borrower has the knowledge and skills necessary to complete the work.
( 5 ) The lender may release escrowed funds only after obtaining a final inspection report acknowledged by the borrower and indicating all planned development has been satisfactorily completed.
( 6 ) The lender remains responsible to ensure a final inspection is performed and required repairs are completed.
( 7 ) The settlement statement reflects the amounts escrowed.
#### Victor P. Korta, Respondent, v Rausch Equipment Corporation et al., Appellants.

Order unanimously reversed, without costs, and motion denied. Memorandum: To resist a motion to dismiss for failure to serve a complaint after a demand plaintiff must (1) show that the delay is excusable and (2) submit proof by one having knowledge that the cause of action is meritorious *(Dobbins v County of Erie, 65*AD2d 934, 935; *Allen v Berton, 55*AD2d 1049). Plaintiff has failed to satisfy either of these requirements and the court abused its discretion in granting reargument and vacating its original order dismissing the action. (Appeal from order of Erie Supreme Court—reargument of motion to dismiss.) Present—Cardamone, J. P., Simons, Schnepp, Doerr and Witmer, JJ.
28.311 Solicitation provision and contract

clause on liability insurance under costreimbursement contracts.

28.311-1 Contract clause.

28.311-2 Agency solicitation provisions and contract clauses.

Parent topic: Subpart 28.3 - Insurance
§ 48.2 Definitions. Unless the context otherwise requires, the following terms shall be construed as follows: ( a ) *Act* means “An act to prevent the destruction or dumping, without good and sufficient cause therefor, of farm produce received in interstate commerce by commission merchants and others, and to require them truly and correctly to account for all farm produce received by them,” approved March 3, 1927 (44 Stat. 1355; 7 U.S.C. 491-497).
( b ) *Person* means an individual, partnership, association or corporation.
( c ) *Secretary* means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.
( d ) *Service* means the Consumer and Marketing Service, United States Department of Agriculture.
( e ) *Deputy Administrator* means the Deputy Administrator for Marketing Services, or any officer or employee of the Service, to whom authority has heretofore lawfully been delegated, or to whom authority may hereafter lawfully be delegated, to act in his stead.
( f ) *Director* means the Director of the Fruit and Vegetable Division of the Service, or any officer or employee of the Division to whom authority has heretofore lawfully been delegated, or to whom authority may hereafter lawfully be delegated by the Director to act in his stead.
( g ) *Produce* means all fresh fruits and fresh vegetables generally considered by the trade as perishable fruits and vegetables, melons, dairy or poultry products, or any perishable farm products of any kind or character.
( h ) *Truly and correctly to account* means, unless otherwise stipulated by the parties, that the consignee of produce shall, within ten days after the final sale is made of any produce received for sale on consignment in interstate commerce or in the District of Columbia, render to the consignor thereof a true and correct itemized statement of the gross sales as well as all selling charges and all other charges or expenses paid and a statement of the net proceeds or deficit, and make full payment to the consignor of the net proceeds so received together with a full explanation of the disposition of any and all produce not sold.
( i ) *Good and sufficient cause* means, with respect to destroyed, abandoned, discarded, or dumped produce, that the produce so dealt with had no commercial value, or that some other legal justification for so dealing with such produce existed, such as an order of condemnation by a health officer or definite authority from the shipper.
( j ) *Commercial value* means any value that the produce may have for any purpose that can be ascertained in the exercise of due diligence by the consignee without unreasonable expense on loss of time.
§ 400.401 Basis and purpose and applicability. ( a ) The regulations contained in this subpart are issued pursuant to the Act to prescribe procedures for the collection, use, and confidentiality of Social Security Numbers (SSN) and Employer Identification Numbers (EIN) and related records.
( b ) These regulations are applicable to: ( 1 ) All holders of crop insurance policies issued by FCIC under the Act and sold and serviced by local FSA offices.
( 2 ) All holders of crop insurance policies sold by insurance providers and all insurance providers, their contractors and subcontractors, including past and present officers and employees of such companies, their contractors and subcontractors.
( 3 ) Any agent, general agent, or company, or any past or present officer, employee, contractor or subcontractor of such agent, general agent, or company under contract to FCIC or an insurance provider for loss adjustment or any other purpose related to the crop insurance programs insured or reinsured by FCIC; and
( 4 ) All past and present officers, employees, elected officials, contractors, and subcontractors of FCIC and FSA.
[57 FR 46297, Oct. 8, 1992, as amended at 62 FR 28608, May 27, 1997]
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Richard Moore, hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

|(1) | the Quarterly Report on Form 10-QSB of Fox Petroleum Inc.
      for the quarterly period ended August 31, 2007 (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 Fox Petroleum Inc.                                                                              

Dated: October 22, 2007

|/s/ Richard Moore                                | 
|------------------------------------------------ | 
|Richard Moore                                    | 
|President, Chief Executive Officer, and Director | 
|(Principal Executive 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 Fox Petroleum
Inc. and will be retained by Fox Petroleum Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.

---