alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

January 29, 2014

N o s . 04

- 13

- 00242

- CR & 04

- 13

- 00243

- CR

James Michael CHIN

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No s . 2012CR5328 & 2011CR7140

Honorable Melisa Skinner, Judge Presiding



### ORDER

Sitting: Catherine Stone, Chief Justice

Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

The panel has considered the Appellant ’ s Motion for Rehearing, and the motion is

DENIED.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of January, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
#### § 34.101 Investments.

The Secretary of the Treasury will invest such amounts in the Trust Fund that are not, in the judgment of the Secretary, required to meet needs for current withdrawals. The Secretary may invest in interest-bearing obligations of the United States, having maturities suitable to the needs of the Trust Fund as determined by the Secretary. These obligations will bear interest at rates described in 31 U.S.C. 9702, unless the Secretary determines that such rates are unavailable for obligations with suitable maturities. In that event, the Secretary will select obligations of the United States bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM
10-QT FOR THE PERIOD ENDED DECEMBER 28, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000858905
<NAME> UNIROYAL CHEMICAL CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               DEC-28-1996
<CASH>                                          21,015
<SECURITIES>                                         0
<RECEIVABLES>                                  140,979
<ALLOWANCES>                                     3,741
<INVENTORY>                                    202,762
<CURRENT-ASSETS>                               421,863
<PP&E>                                         630,389
<DEPRECIATION>                                 262,427
<TOTAL-ASSETS>                               1,133,307
<CURRENT-LIABILITIES>                          219,517
<BONDS>                                        925,982
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (336,832)
<TOTAL-LIABILITY-AND-EQUITY>                 1,133,307
<SALES>                                        242,338
<TOTAL-REVENUES>                               242,338
<CGS>                                          154,031
<TOTAL-COSTS>                                  218,890
<OTHER-EXPENSES>                                  (41)
<LOSS-PROVISION>                                   420
<INTEREST-EXPENSE>                              24,814
<INCOME-PRETAX>                                (1,325)
<INCOME-TAX>                                     (531)
<INCOME-CONTINUING>                              (794)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (794)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

§ 351.1 What regulations govern Series EE savings bonds? ( a ) The regulations in 31 CFR part 353 apply to definitive (paper) Series EE savings bonds that have not been converted to book-entry bonds through New Treasury Direct.
( b ) The regulations in 31 CFR part 363 apply to: ( 1 ) Book-entry Series EE savings bonds that were originally issued as book-entry bonds in New Treasury Direct; and
( 2 ) Definitive Series EE savings bonds that have been converted to book-entry bonds through New Treasury Direct.
( c ) The regulations in 31 CFR part 370 apply to transactions for the purchase of savings bonds issued through the Bureau of the Fiscal Service, but do not apply to transactions purchased through issuing agents generally.
( d ) We expressly disclaim any representations or warranties regarding Series EE savings bonds that in any way conflict with these regulations and other applicable law.
[68 FR 24796, May 8, 2003, as amended at 70 FR 14941, Mar. 23, 2005]
<PAGE>
                                                                    Exhibit 15.0



AVANIR Pharmaceuticals
San Diego, California

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of AVANIR Pharmaceuticals and subsidiary as of March 31, 2004 and
the related consolidated statements of operations and cash flows for the
three-month and six-month periods ended March 31, 2004 and 2003, as indicated in
our report dated May 14, 2004; because we did not perform an audit, we expressed
no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended March 31, 2004, is
incorporated by reference in Registration Statement Nos. 33-71276, 33-94370,
333-83089, 333-84183, 333-38094 and 333-108716 on Form S-8 and Registration
Statement Nos. 33-49082, 33-76094, 333-24549, 333-76641, 333-77925, 333-31442,
333-32776, 333-34958, 333-35934, 333-107820, 333-111680 and 333-114389 on Form
S-3.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.


DELOITTE & TOUCHE LLP


San Diego, California
May 14, 2004
www.gpo.gov

### §339. Tribes excepted from certain provisions

The provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in Oklahoma, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by Executive order.

(Feb. 8, 1887, ch. 119, §8, 24 Stat. 391.)

#### References in Text

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables.

#### Sacs and Foxes; Missouri Indians

No allotment of lands was to be made or annuities of money to be paid to any of the Sacs and Foxes of the Missouri Indians who were not enrolled as members of the tribe on Jan. 1, 1890, by a proviso annexed to act Feb. 28, 1891, ch. 383, §5, 26 Stat. 796.
###### Editorial Note on Subchapter A of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

#### § 340.3 Taxation.

The income derived from the bonds will be subject to all taxes imposed under the Internal Revenue Code of 1954. The bonds will be subject to estate, inheritance, gift or other excise taxes, whether Federal or State, but will be exempt from all taxation now or hereafter imposed on the principal or interest thereof by any State, or any of the possessions of the United States, or by any local taxing authority.
§ 560.422 Termination and acquisition of an interest in blocked property. ( a ) Whenever a transaction licensed or authorized by or pursuant to this part results in the transfer of property (including any property interest) away from the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211, such property shall no longer be deemed to be property blocked pursuant to § 560.211, unless there exists in the property another interest that is blocked pursuant to § 560.211, the transfer of which has not been effected pursuant to license or other authorization.
( b ) Unless otherwise specifically provided in a license or authorization issued pursuant to this part, if property (including any property interest) is transferred or attempted to be transferred to the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211, such property shall be deemed to be property in which the Government of Iran, an Iranian financial institution, or that person has an interest and therefore blocked.
#### § 551.503 Exclusion from licenses.

OFAC reserves the right to exclude any person, property, transaction, or class thereof from the operation of any license or from the privileges conferred by any license. OFAC also reserves the right to restrict the applicability of any license to particular persons, property, transactions, or classes thereof. Such actions are binding upon actual or constructive notice of the exclusions or restrictions.
[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42894-42895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20369]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-15-001]


Arcadia Gas Storage, L.L.C.; Notice of Filing

August 18, 2009.
    Take notice that on August 12, 2009, Arcadia Gas Storage, L.L.C. 
(Arcadia) filed its Statement of Operating Conditions in compliance 
with the July 13, 2009 letter order in Docket No. PR09-15-000 (July 
13th Letter Order) and pursuant to section 284.123(e) of the 
Commission's regulations. Arcadia states that it made revisions to 
include a statement of rates, as required by the July 13th Letter 
Order.
    Any person desiring to participate in this proceeding must file a 
motion to intervene or a protest in accordance with Rules 211 and 214 
of the Commission's Rules of Practice and

[[Page 42895]]

Procedure (18 CFR 385.211 and 385.214). Protests will be considered by 
the Commission in determining the appropriate action to be taken, but 
will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a notice of intervention or 
motion to intervene, as appropriate. Such notices, motions, or protests 
must be filed on or before the date as indicated below. Anyone filing 
an intervention or protest must serve a copy of that document on the 
Applicant. Anyone filing an intervention or protest on or before the 
intervention or protest date need not serve motions to intervene or 
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#490f0c1b0a06272520272c1a3c3939263b3d092f2c3b2a672e263f"><span class="__cf_email__" data-cfemail="d0969582939fbebcb9beb583a5a0a0bfa2a490b6b5a2b3feb7bfa6">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on Friday, August 28, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20369 Filed 8-24-09; 8:45 am]
BILLING CODE 6717-01-P


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Comment Info: =================

General Comment:Dir. ID. 2006-NM-225-AD
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-51007

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RODOLFO HERNANDEZ-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:08-CR-210-ALL

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Rodolfo HernandezRodriguez has moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Hernandez-Rodriguez has not

filed a response. Our independent review of the record and counsel’s brief

discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for

leave to withdraw is GRANTED, counsel is excused from further responsibilities

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

October 20, 2009

Charles R. Fulbruge III

Clerk
|  | Exhibit 34.2 |
|--|--------------|

 

 

Report of Independent Registered Public Accounting Firm

 

 

The Board of Directors 

U.S. Bank National Association

We have examined management’s assertion, included in the accompanying Report on Assessment of Compliance with Applicable Servicing Criteria, that U.S. Bank National Association (the “Company”) complied with the servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission’s Regulation AB for the U.S. Bank Corporate Trust Asset-Backed Securities Platform (the “Platform”), for which the Company provides trustee, securities administration, registrar and paying agent services, as of and for the year ended March 31, 2019, except for servicing criteria Items 1122 (d)(1)(i)-(v), 1122 (d)(2)(i), 1122 (d)(2)(iii), 1122 (d)(2)(v)-(vii), 1122 (d)(3)(i), and 1122 (d)(4)(i)-(xv), which the Company has determined are not applicable to the activities it performs with respect to the servicing platform covered by this report. Management is responsible for the Company’s compliance with those servicing criteria. Our responsibility is to express an opinion on management’s assertion about the Company’s compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the individual asset-backed transactions and securities that comprise the Platform, testing of less than all of the servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria.  Furthermore, our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. 

Our examination does not provide a legal determination on the Company’s compliance with the servicing criteria.

In our opinion, management’s assertion that the Company complied with the aforementioned servicing criteria as of and for the year ended March 31, 2019, for the U.S. Bank Corporate Trust Asset-Backed Securities Platform is fairly stated, in all material respects.  

 

/s/Ernst & Young LLP

 

Minneapolis, Minnesota

May 22, 2019
<partyblock><br><br><div align="center"><b><font size="+1">Compas Medical, P.C., as Assignee of ERILMA DESRUISSEAUX, Appellant,<br><br>against<br><br>United Services Automobile Association, Respondent.</font></b></div><br><br><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered January 8, 2014. The order denied plaintiff's motion for summary judgment and, in effect, granted defendant's cross motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>For the reasons stated in <a href="../2016/2016_50559.htm" target="_blank"><i>Compas Med., P.C. v United Servs. Auto. Assn.</i> (51 Misc 3d 135</a>[A], 2016 NY Slip Op 50559[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2016]), the order is affirmed.</p><p>Pesce, P.J., Aliotta and Solomon, JJ., concur.</p><br>Decision Date: October 05, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
<PAGE>
 
                                                                   EXHIBIT 10.38

                                AMENDMENT NO. 1
                                      TO
                             EMPLOYMENT AGREEMENT
                             --------------------
                                        

     THIS AMENDMENT NO. 1, dated as of October 15, 1998, to that certain
Employment Agreement, dated as of the 1st day of November, 1997 (the
"Agreement"), between Maxxim Medical, Inc., a Texas corporation (the "Company"),
and Kenneth W. Davidson (the "Executive").

     WHEREAS, the Company and the Executive entered into the Agreement to
provide for the employment of the Executive by the Company; and

     WHEREAS, the Company and the Executive desire to make certain changes in
the terms of the Agreement;

     NOW, THEREFORE, the parties hereto agree as follows:

     1.   All capitalized terms used herein shall have the meanings ascribed to
them in the Agreement.

     2.   Section 5(d) of the Agreement is hereby amended to increase the dollar
amount of the loan or loans to be made to the Executive from $400,000 to
$500,000.

     3.   Section 8(d) of the Agreement is hereby amended by deleting the
parenthetical contained in the first sentence of the second paragraph thereof,
and replacing it with the following parenthetical:

     (as defined in the Executive Continuity Agreement between the Company and
     the Executive, dated as of August 31, 1998, hereafter the "Termination
     Agreement")

     4.   Except as otherwise provided herein, the Agreement shall remain in
full force and effect.

     5.   This Amendment No. 1 may be executed in two or more counterparts, each
of which shall be deemed an original but all of which together shall constitute
one and the same instrument.

     6.   This Amendment No. 1 shall become effective upon execution by each of
the parties hereto, and thereafter any reference to the Agreement shall be
deemed to be a reference to the Agreement as amended hereby.

                 [Remainder of page intentionally left blank.
                         Next page is signature page.]

                                     103 -
<PAGE>
 
          IN WITNESS WHEREOF, the individual party hereto has executed this
Amendment to the Agreement, and the corporate party hereto has caused this
Amendment to the Agreement to be executed by its respective duly authorized
officer, as of the day and year first above written.

                                   MAXXIM MEDICAL, INC.

                                   By   /s/ Donald R. DePriest
                                     -------------------------------------
                                        Donald R. DePriest
                                        Member of Maxxim Medical
                                        Board of Directors -
                                        Compensation Committee



                                        /s/ Kenneth W. Davidson
                                   ---------------------------------------
                                   KENNETH W. DAVIDSON

                                     104 -
I

104TH CONGRESS

1ST SESSION H. R. 1319

To amend the Social Security Act to improve the information made available

in social security account statements and to provide for annual distribution of such statements to beneficiaries.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1995

Mr. MEEHAN (for himself, Mr. SANFORD, Mr. PALLONE, Mr. DEAL of Georgia, Mr. BEREUTER, Mrs. LINCOLN, Mrs. JOHNSON of Connecticut, Mr.

UPTON, Mr. GENE GREEN of Texas, Mr. ACKERMAN, Mrs. MINK of Hawaii, Mr. PETE GEREN of Texas, Mr. MARTINEZ, Mr. STUPAK, and Mr.

MORAN) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Social Security Act to improve the information

made available in social security account statements and

to provide for annual distribution of such statements

to beneficiaries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Social Security Access

5 to Information Act of 1995’’.
2

•HR 1319 IH

1 SEC. 2. ANNUAL SOCIAL SECURITY ACCOUNT STATEMENTS

2 TO BENEFICIARIES INDICATING TOTAL BENE3 FITS PAID.

4 Section 1143 of the Social Security Act (42 U.S.C.

5 1320b–13) is amended—

6 (1) in subsection (a)(1), by striking ‘‘Beginning

7 not later than October 1, 1990, the Commissioner of

8 Social Security’’ and inserting ‘‘The Commissioner

9 of Social Security’’;

10 (2) in subsection (a)(2)(A), by inserting

11 ‘‘, expressed in terms of actual dollars and in terms

12 of current dollars’’ after ‘‘request’’;

13 (3) in subsection (a)(2), by redesignating sub14 paragraphs (B), (C), and (D), as subparagraphs

15 (C), (D), and (E), respectively, and by inserting

16 after subparagraph (A) the following new subpara17 graph:

18 ‘‘(B) the total amount of benefits paid to date

19 to the eligible individual and the total amount of

20 benefits paid to date to all beneficiaries on the basis

21 of the eligible individual’s wages and self-employ22 ment income, expressed in terms of actual dollars

23 and in terms of current dollars;’’;

24 (4) by striking subsection (c)(1) and inserting

25 the following:
3

•HR 1319 IH

1 ‘‘(c)(1) Beginning not later than October 1, 1995, the

2 Commissioner of Social Security shall provide a statement

3 on an annual basis to each eligible individual who has at4 tained at least 60 years of age and for whom a current

5 mailing address can be determined through such methods

6 as the Commissioner determines to be appropriate.’’; and

7 (5) in subsection (c)(2), by striking ‘‘who is not

8 receiving benefits under title II and’’.

9 SEC. 3. EFFECTIVE DATE.

10 The amendments made by this Act shall apply with

11 respect to social security account statements provided

12 after September 30, 1995, and before January 1, 2017.

Æ