alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS; and Opinion Filed May 23, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-01148-CV

AMVETS POST 22 AUXILIARY, Appellant

V.

AMVETS DEPARTMENT OF TEXAS FOUNDATION, Appellee

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-18-04759-E

MEMORANDUM OPINION

Before Justices Schenck, Osborne, and Reichek

Opinion by Justice Schenck

This is an appeal from the trial court’s judgment finding appellant guilty of forcible 

detainer. After a review of the clerk’s record revealed the judgment had been superseded during 

the trial court’s plenary power by an order dismissing the case for want of jurisdiction, we 

questioned our jurisdiction over the appeal as the appeal appeared to have become moot. See 

Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot if controversy ceases to 

exist). We directed appellant to file a letter brief addressing our concern and cautioned appellant 

that failure to comply could result in dismissal of the appeal without further notice. See TEX. R.

APP. P. 42.3(a),(c). More than ten days have passed and appellant has not responded. Accordingly, 

we dismiss the appeal. See id. 42.3(a),(c). 

181148F.P05

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

AMVETS POST 22 AUXILIARY, 

Appellant

No. 05-18-01148-CV V.

AMVETS DEPARTMENT OF TEXAS 

FOUNDATION, Appellee

On Appeal from the County Court at Law 

No. 5, Dallas County, Texas

Trial Court Cause No. CC-18-04759-E.

Opinion delivered by Justice Schenck, 

Justices Osborne and Reichek participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee AMVETS Department of Texas Foundation recover its costs, if any, 

of this appeal from appellant AMVETS Post 22 Auxiliary.

Judgment entered this 23rd day of May 2019.
§ 423.2410 General requirements. ( a ) For contracts beginning in 2014 or subsequent contract years, a Part D sponsor (defined at § 423.4) is required to report the information required under § 423.2460 for each contract under this part for each contract year.
( b ) If CMS determines for a contract year that a Part D sponsor has an MLR for a contract that is less than 0.85, the Part D sponsor must remit to CMS an amount equal to the product of the following: ( 1 ) The total revenue of the prescription drug plan for the contract year.
( 2 ) The difference between 0.85 and the MLR for the contract year.
( c ) If CMS determines that a Part D sponsor has an MLR for a contract that is less than 0.85 for 3 or more consecutive contract years, CMS does not permit the enrollment of new enrollees under the contract for coverage during the second succeeding contract year.
( d ) If CMS determines that a Part D sponsor has an MLR for a contract that is less than 0.85 for 5 consecutive contract years, CMS terminates the contract under the authority at 423.509(b)(1) and (d) effective as of the second succeeding contract year.
[78 FR 31310, May 23, 2013; 78 FR 43821, July 22, 2013; 83 FR 16756, Apr. 16, 2018]
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3249 Introduced in House (IH)]

  2d Session
                                H. R. 3249

To authorize appropriations for a mining institute to develop domestic 
   technological capabilities for the recovery of minerals from the 
                nation's seabed, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 1996

 Mr. Abercrombie (for himself and Mr. Wicker) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
To authorize appropriations for a mining institute to develop domestic 
   technological capabilities for the recovery of minerals from the 
                nation's seabed, and for other purposes.

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

SECTION 1. SEABED MINERALS.

    (a) Authorization of Appropriations.--Section 2(a) of Public Law 
98-409 (30 U.S.C. 1222(a)) is amended by adding the following at the 
end thereof:
``There is authorized to be appropriated to the Secretary not more than 
$1,200,000 for each of the fiscal years after fiscal year 1996 to be 
made available by the Secretary to an institute experienced in 
investigating the shallow and deep seabed as a source for nonfuel 
minerals to be used by the institute to assist in developing domestic 
technological capabilities required for the location of, and the 
efficient and environmentally sound recovery of, minerals (other than 
oil and gas) from the nation's shallow and deep seabed.''.
    (b) Short Title.--Section 11 of Public Law 98-409 (30 U.S.C. 1201 
note) is amended to read as follows:

``SEC. 11. SHORT TITLE.

    This Act may be cited as the ``Mining and Mineral Resources 
Institutes Act.''.
                                 <all>
```
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  In connection with the Quarterly Report on Form 10-Q of Merchants Bancshares, Inc. (the "Company") for the period ending September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Janet P. Spitler, Chief Financial Officer, Treasurer and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Company.    A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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 of the Sarbanes-Oxley Act of 2002 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.


| |     |                                                                                  
| | --- | ---------------------------------------------------------------------------------
| | By: | /s/ Janet P. Spitler                                                             
| |     | Janet P. Spitler
Chief Financial Officer & Treasurer
Principal Accounting Officer
| |     |                                                                                  
| |     | November 6, 2009                                                                 
| |     | Date
# C_2006123EN.01001501.xml

| 24.5.2006 | EN | Official Journal of the European Union | C 123/15 |
| --- | --- | --- | --- |

24.5.2006

EN

Official Journal of the European Union

C 123/15

---

Prior notification of a concentration

(Case COMP/M.4213 — CAG/Motorola)

(2006/C 123/09)

(Text with EEA relevance)

| 1. | On 16 May 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Continental AG (‘Continental’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Automotive Communications and Electronic Systems Group (‘ACES’, USA, part of the Motorola Group) by way of purchase of assets. |
| --- | --- |

1.

On 16 May 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Continental AG (‘Continental’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Automotive Communications and Electronic Systems Group (‘ACES’, USA, part of the Motorola Group) by way of purchase of assets.

1

| 2. | The business activities of the undertakings concerned are:






  — | Continental: vehicle components, including electronic control units; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Continental: vehicle components, including electronic control units;

| — | ACES: vehicle electronic systems. |
| --- | --- |

—

ACES: vehicle electronic systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4213 — CAG/Motorola, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4213 — CAG/Motorola, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
#### § 589.337 Transfer.

The term *transfer* means any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or performed within the United States, the purpose, intent, or effect of which is to create, surrender, release, convey, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property. Without limitation on the foregoing, it shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit, or statement; the making of any payment; the setting off of any obligation or credit; the appointment of any agent, trustee, or fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree, attachment, injunction, execution, or other judicial or administrative process or order, or the service of any garnishment; the acquisition of any interest of any nature whatsoever by reason of a judgment or decree of any foreign country; the fulfillment of any condition; the exercise of any power of appointment, power of attorney, or other power; or the acquisition, disposition, transportation, importation, exportation, or withdrawal of any security.
#### IMPERIAL HOMES, a subsidiary of U. S. Homes Corporation and Travelers Insurance Company, Petitioners, v. Johnny Ray MOON, Respondent.

No. 46432.

Supreme Court of Florida.

Nov. 5, 1974.

Certiorari dismissed sua sponte.
HomeOffice of the SpokespersonPress Releases...Humanitarian Assistance for Africa

# 									Humanitarian Assistance for Africa							

Press Statement

Ned Price, Department Spokesperson

August 5, 2022

On August 5, 2022, Ambassador Linda Thomas-Greenfield announced in Ghana more than $127 million in humanitarian assistance for Africa through the U.S. Department of State’s Bureau of Population, Refugees, and Migration.  This assistance will provide lifesaving support to refugees, asylum seekers, internally displaced persons, stateless persons, and persecuted people across Africa, including those affected by crises in Burkina Faso, Chad, the Central African Republic, the Democratic Republic of the Congo, Mali, Mozambique, Nigeria, Niger, and other new and protracted displacement situations.

In addition to emergency needs, it will also support durable solutions for former refugees who wish to return to their home countries.  This assistance will enable our humanitarian partners to help many of the over seven million refugees and asylum seekers currently hosted across Africa as well the over 25 million internally displaced persons.

These funds will provide lifesaving and life-sustaining support to forcibly displaced populations, including those affected by the growing food crisis and global shortages and their hosting communities across Africa.  We urge other donors to provide additional support to address the growing humanitarian needs on the continent.

Tags

Bureau of African AffairsBurkina FasoCentral African RepublicChadDemocratic Republic of the CongoHumanitarian AidMaliMozambiqueNigerNigeriaOffice of the Spokesperson

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NUMBER                                                                                                                                                       SHARES





AXXX                                                                                                                                                                XXXXX


WARRANT TO PURCHASE COMMON STOCK


FACT CORPORATION





This certifiesthat, for value received, XXXXXXXXXX,





*** XXXXXXXXX ***





or its registered assigns (the “Registered Holder”), is the owner of the number of Common Stock Purchase Warrants (“Warrants”) specified above.  Each Warrant entitles the Registered Holder to purchase from FACT Corporation, a Colorado corporation, one (1) Share of FACT Corporation’s Class A Common Stock at $0.30 per share (the “Exercise Price”) at any time prior to the Expiration Date (as hereinafter defined), upon the presentation and surrender of this Warrant Certificate, with the Subscription Form attached hereto, duly executed at the corporate offices of FACT Corporation. The Registered Holder may exercise all or any number of Warrants resulting in the purchase of a whole number of shares.  The Warrants may be exercised at any time from the date of issuance and ending at 5:00 p.m., Calgary, Alberta time on the first (1st) anniversary of such issuance (Expiration Date). After the Expiration Date, any unexercised Warrants will be void and all rights of the Registered Holder shall cease.





This Warrant Certificate and each Warrant represented hereby are issued pursuant to and are subject in all respects to the terms and conditions set forth in the Share Purchase Agreement between FACT Corporation and the Subscriber.





THE TERMS AND PROVISION OF THIS CERTIFICATE ARE CONTINUED ON THE ATTACHMENT HERETO AND SUCH CONTINUED TERMS AND PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE.





This Warrant Certificate shall be governed by and construed in accordance with the laws of the State of Colorado.





IN WITNESS WHEREOF, the Company has caused this Warrant Certificate to be duly executed, manually or in facsimile, by its officers thereunto duly authorized and its corporate seal to be imprinted hereon.





Dated:           XXXXXXXX                                                                                                                     FACT CORPORATION





/s/ Jacqueline Danforth                                                                                                                     /s/ Brian Raines


president                                                                                                                                     secretary
#### Hazel Benson *v.*Dwight J. Morey.

Maltbie, C. J., Jennings, Ells, Dickenson and Inglis, Js.

Argued October 8

decided November 10, 1942.

*391
      *M. J. Blumenjeld,*with whom, on the brief, was *Louis Shapiro,*for the appellant (plaintiff).

*Joseph F. Berry,*for the appellee (defendant).

Per Curiam.

The sole claim of the plaintiff presented on this appeal, which she has taken from a judgment for the defendant in a negligence action, is that the trial court erred in refusing to permit her to strike out from her complaint an allegation that she was at all times in the exercise of due care. The action was returned to the first Tuesday of April, 1940, and the complaint containing the allegation in question remained without change up to the time of trial in February, 1942. When the case was reached, a good part of a day was spent by the court and counsel in getting ready for the trial, as the trial court stated, “going over every possible element that it seemed to be necessary to iron out, including those statements that were to be admitted.” The next morning, before any evidence was offered, the plaintiff made a motion to strike out from the complaint the allegation in question but the trial court denied the motion.

The policy of our courts in allowing amendments to pleadings is liberal, but ordinarily whether or not one will be allowed rests in the discretion of the trial court. Conn. App. Proc., § 38. The allowance of the one here sought would necessarily have required repleading by the defendant, if he proposed to claim that the plaintiff was herself negligent, as counsel made it clear he did, stating that he would file a counterclaim; and this would have, at most, affected merely the burden of proof. In view of the failure of the plaintiff to take advantage of the ample opportunity she had to seek an amendment before trial and when the matter *392was under discussion after the case was reached, we cannot say -that the trial court abused its discretion in denying the motion.

There is-no error.
Exhibit 10.47


 


July 23, 2008


 


Leonard Blum


Theravance, Inc.


901 Gateway Blvd


South San Francisco, CA 94080


 


Re: 
Amendment to Offer Letter dated July 27, 2007


 


Dear Leonard:


 


By your countersignature below, this letter agreement amends the offer
letter between Theravance, Inc. (the “Company”) and you dated July 27,
2007 (the “Offer Letter”).


 


Exhibit A to the Offer Letter is hereby amended to provide you
with up to an additional twelve (12) months of temporary housing and weekly
round-trip coach class travel between San Francisco and Seattle, in each case,
as described in and subject to the conditions in the Offer Letter.  In addition, the Company will extend the
period during which you may utilize the relocation assistance described in the
Offer Letter by up to twelve (12) months. 
Each of these benefits is contingent upon your continuous service as a
full-time employment of the Company.


 


Except as provided above, all other terms and conditions of the Offer
Letter shall remain in full force and effect.


 


	
   

  	
  Sincerely,

  
	
   

  	
   

  
	
   

  	
  /s/ Rick E Winningham

  
	
   

  	
   

  
	
   

  	
  Rick E Winningham

  
	
   

  	
  Chief Executive Officer

  
	
   

  	
   

  
	
  AGREED AND ACCEPTED:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ Leonard Blum

  	
   

  	
   

  
	
  Leonard Blum

  	
   

  
	
   

  	
   

  
	
  Date: July 23, 2008
# C_2006131EN.01003302.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/33 |
| --- | --- | --- | --- |

3.6.2006

EN

Official Journal of the European Union

C 131/33

---

Action brought on 24 March 2006 — Commission of the European Communities v Italian Republic

(Case C-160/06)

(2006/C 131/63)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: E. Montaguti, G. Zavvos, Agents)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

| — | Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/51/EC (1) of the European Parliament and of the Council of 18 June 2003 on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings, or, in any case, by failing to communicate such measures to the Commission, the Italian Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

—

Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/51/EC (1) of the European Parliament and of the Council of 18 June 2003 on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings, or, in any case, by failing to communicate such measures to the Commission, the Italian Republic has failed to fulfil its obligations under that directive;

1

| — | Order the Italian Republic to pay the costs. |
| --- | --- |

—

Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing that directive into national law expired on 1 January 2005.

---

(1)  OJ L 178, 17.7.2003, p. 16

1

---
OSWER/OSRTI

Washington, DC 20460

NATIONAL PRIORITIES LIST (NPL) 

***Proposed Site*** October 2010 

DWYER PROPERTYGROUND WATER 

PLUME

Elkton, Maryland

Cecil County

 Site Location:

The Dwyer Property Ground Water Plume (Dwyer) site is a ground water plume with unidentified sources. It is located in a 

mixed industrial and residential area in northeastern Maryland. The property is just north of the Town of Elkton. 

 Site History:

The Dwyer site is a portion of a former industrial facility, Triumph Explosives, Incorporated, which primarily manufactured 

incendiary bombs, shells, land mines, grenades, and flares for the Department of Defense from the 1930s through the end of 

World War II. From 1946 to 1948, Bowers Battery and Spark Plug Company manufactured carbon batteries at the site. 

From 1948 to 1958, Aerial Products, Incorporated, manufactured black powder fireworks at the site. From 1958 to 1972, 

Mr. Martin Dwyer produced incendiary flares at the site and used the land to graze cattle. The site is currently abandoned 

and heavily overgrown. 

 Site Contamination/Contaminants:

There are two known plumes that contain levels of trichloroethene (TCE) above EPA’s Safe Drinking Water Act Maximum 

Contaminant Levels (MCLs) for potable water. 

 Potential Impacts on Surrounding Community/Environment: 

The ground water in the area of the Dwyer site is heavily used for drinking water. There are residential and municipal wells 

located nearby. Also, there is the potential for vapor intrusion in those residences that are located adjacent to the property 

and overlying the plumes. 

 Response Activities (to date):

The Maryland Department of the Environment (MDE) has completed a remedial investigation of the property under the 

State Superfund program. 

 Need for NPL Listing:

The State of Maryland referred the site to EPA. Other federal and state programs were considered but are not viable at this 

time. EPA received a letter of support for placing this site on the NPL from the state. The local government supports 

listing. 

[The description of the site (release) is based on information available at the time the site was evaluated with the HRS. The description may change 

as additional information is gathered on the sources and extent of contamination.]

For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these 

substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxFAQs can be found on the Internet 

at http://www.atsdr.cdc.gov/toxfaq.html or by telephone at 1-888-42-ATSDR or 1-888-422-8737.