alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
03-15-00400-CV IN THE THIRD COURT OF APPEALS AT AUSTIN, TEXAS 

## Brian Dierschke and Marvin Dierschke

v. Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek,

and Grant Steven Dierschke

__________________________ 

### N OTICE OF 

### A PPEARANCE TO THE HONORABLE COURT:Now comes James David Walker who enters an appearance in the abovereferenced case as lead appellate counsel for Appellees Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek, and Grant Steven Dierschke. Walker requests copies of all briefs, motions, notices, and other matter filed in the above referenced

case. Respectfully submitted,

JAMES DAVID WALKER P. O. Box 41 Milano, Texas 76556 SBOT 20706000 Phone: (512) 636-9520 Fax: (512) 455-7922 Email: walker@2appeal.com ATTORNEY FOR APPELLEES, CHERYL LYNN DIERSCHKE,
Page 1 of 2 ACCEPTED 03-15-00400-CV 6718917 THIRD COURT OF APPEALS

AUSTIN, TEXAS 8/31/2015 10:39:46 AM JEFFREY D. KYLE

CLERKDANA J OY DIERSCHKE NEZWEK, AND GRANT STEVEN DIERSCHKE CERTIFICATE OF SERVICE
I cert i fy t h ato n Au g us t3 1 , 2 0 15 , a tru e co p y o f t hi s d o cu m en twas fo rward ed b y U.S. M ai l , ret u rn recei p t req u es t ed , ad d res s ed as fo l lo ws : Ap p el l an tBri an W . Di ers ch ke 8 4 9 4 HawkAv e San An g el o , TX 7 6 9 0 4 Ap p el l an tM arv i n Di ers ch k e 8 4 9 4 HawkAv e San An g el o , TX 7 6 9 0 4

J am es Dav i d W al k er

Page 2 of 2
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Balance Sheet at September 30, 2000 (unaudited) and The Interim
Consolidated Statement of Operations for the nine months ended September 30,
2000 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          84,069
<SECURITIES>                                         0
<RECEIVABLES>                                   47,972
<ALLOWANCES>                                     2,046
<INVENTORY>                                          0
<CURRENT-ASSETS>                               163,091
<PP&E>                                          36,577
<DEPRECIATION>                                  12,020
<TOTAL-ASSETS>                                 385,626
<CURRENT-LIABILITIES>                           52,412
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           976
<OTHER-SE>                                     326,522
<TOTAL-LIABILITY-AND-EQUITY>                   385,626
<SALES>                                        217,754
<TOTAL-REVENUES>                               217,754
<CGS>                                          107,888
<TOTAL-COSTS>                                  202,785
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                     8,753
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,175
<EPS-BASIC>                                        .10
<EPS-DILUTED>                                      .09


</TABLE>
EXHIBIT 32.1

               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 Amended Annual Report on Form 10-KSB/A of Reclamation
Consulting and Applications, Inc. (the"Company") for the period ended June 30,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), the undersigned, Gordon W. Davies, President of the Company, and
Michael C. Davies, Secretary of the Company, each hereby certifies, pursuant to
18 U.S.C. Section 1350, that:

(1) The Amended 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 Amended Report fairly presents, in all
    material respects, the financial condition and results of operations of the
    Company.

/s/ Gordon W. Davies
------------------------------------
Gordon W. Davies
President

Dated: June 10, 2005

/s/ Michael C. Davies
------------------------------------
Michael C. Davies
Secretary

Dated:  June 10, 2005
§ 154.1015 Applicability. ( a ) This subpart applies to all MTR facilities that because of their location could reasonably be expected to cause at least substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone.
( b ) The following MTR facilities that handle, store, or transport oil, in bulk, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines and are classified as substantial harm MTR facilities: ( 1 ) Fixed MTR onshore facilities capable of transferring oil to or from a vessel with a capacity of 250 barrels or more and deepwater ports;
( 2 ) Mobile MTR facilities used or intended to be used to transfer oil to or from a vessel with a capacity of 250 barrels or more; and
( 3 ) Those MTR facilities specifically designated as substantial harm facilities by the COTP under § 154.1016.
( c ) The following MTR facilities that handle, store, or transport oil in bulk could not only reasonably be expected to cause substantial harm, but also significant and substantial harm, to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone and are classified as significant and substantial harm MTR facilities: ( 1 ) Deepwater ports, and fixed MTR onshore facilities capable of transferring oil to or from a vessel with a capacity of 250 barrels or more except for facilities that are part of a non-transportation-related fixed onshore facility with a storage capacity of less than 42,000 gallons; and
( 2 ) Those MTR facilities specifically designated as significant and substantial harm facilities by the COTP under § 154.1016.
( d ) An MTR facility owner or operator who believes the facility is improperly classified may request review and reclassification in accordance with § 154.1075.
Summary Federal Award Financial Information

19. Budget Period Start Date - End Date

20. Total Amount of Federal Funds Obligated by this Action

20a. Direct Cost Amount

20b. Indirect Cost Amount

21. Authorized Carryover

22. Offset

23. Total Amount of Federal Funds Obligated this budget period

24. Total Approved Cost Sharing or Matching, where applicable

25. Total Federal and Non-Federal Approved this Budget Period 

26. Project Period Start Date - End Date

27. Total Amount of the Federal Award including Approved 

Cost Sharing or Matching this Project Period

28. Authorized Treatment of Program Income

29. Grants Management Officer – Signature

Recipient Information

Federal Agency Information

10.Program Official Contact Information

Federal Award Information

30. Remarks

1. Recipient Name

9. Awarding Agency Contact Information

Notice of Award

Award# 

FAIN#

Federal Award Date:

Page 1

2. Congressional District of Recipient

3. Payment System Identifier (ID)

4. Employer Identification Number (EIN)

5. Data Universal Numbering System (DUNS)

6. Recipient’s Unique Entity Identifier

7. Project Director or Principal Investigator

8. Authorized Official

11. Award Number

12. Unique Federal Award Identification Number (FAIN)

13. Statutory Authority

14. Federal Award Project Title

15. Assistance Listing Number

16. Assistance Listing Program Title

17. Award Action Type

18. Is the Award R&D?
#### § 154.1010 Purpose.

This subpart establishes oil spill response plan requirements for all marine transportation-related (MTR) facilities (hereafter also referred to as facilities) that could reasonably be expected to cause substantial harm or significant and substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone. The development of a response plan prepares the facility owner or operator to respond to an oil spill. These requirements specify criteria to be used during the planning process to determine the appropriate response resources. The specific criteria for response resources and their arrival times are not performance standards. The criteria are based on a set of assumptions that may not exist during an actual oil spill incident.
EXHIBIT 32

 CERTIFICATION PURSUANT TO TITLE 18, UNITED STATES CODE, SECTION 1350
      (imposed by Section 906 of the Sarbanes-Oxley Act of 2002)

     The undersigned Chief Executive Officer and Chief Financial Officer
certify that this report fully complies with the requirements of Section 13 or
15(d) of the Securities Exchange Act of 1934, and the information contained in
the report fairly presents, in all material respects, the financial condition
and results of operations of the Company.



Date: March 08, 2007       by:    /s/ Jody St. Clair
                          Jody St. Clair, President & Director
                    Chief Executive Officer and Chief Financial Officer
I HAVE A DISABILITY

MY DISABILITY MAY MAKE IT DIFFICULT 

FOR ME TO COMMUNICATE WITH YOU.

My name is: 

What you need to know about my disability:

When helping me, please DO:

When helping me, please DO NOT:

I use the following assistive devices:

Important information about my devices: 

Emergency contacts for me:

Learn more: acl.gov/programs/emergency-preparedness
#### Commonwealth v. International Harvester Company. Same v. Same.

Appeal from Fleming Circuit Court.

(Decided December 14, 1915.)

Appeal from Bracken' Circuit Court.

Monopolies — Pools, Trusts and Conspiracies — Sections 3915-3921, *Ky.*Stats. — Under the Act of 1890 (Kentucky Statutes, sections 3915-*3193921), condemning pools, trusts and conspiracies, a corporation or person that enters into a pool, trust, combination,,- or agreement, for the purpose of regulating, controlling, ,.and fixing the price of property, is subject to the penalty denounced by that statute.

M. J. HENNESSEY for- appellant.

WORTHINGTON, COCHRAN *&*BROWNING,' and HUMPHREY, MIDDLETON *&*HUMPHREY for appellee.

Opinion op the Court by

Chiep Justice Miller

Eeversing in each case.

These two appeals present the same question that was decided in Commonwealth v. American Tobacco Company, 167 Ky., 157, where it was held that under the act of 1890, condemning pools, trusts, and conspiracies .(Kentucky Statutes, sections 3915-3921), a corporation or person that enters into a pool, trust, combination, or agreement, for the purpose of regulating, controlling, and fixing the price of property, is subject to the penalty denounced by that statute. See Gay v. Brent, 166 Ky., 833,

Since the circuit court, however,, sustained a demurrer to the petition based upon the statute, *supra,*the judgment will have to be reversed in each appeal.

The question of limitation discussed in the brief is not decided.

It is so ordered.
Exhibit 10.37

FINANCIAL CONTENT
                        400 Oyster Point Blvd., Suite 435
                           So. San Francisco, CA 94080
                            Telephone: (650) 837-9850
                            Facsimile: (650) 745-2677
                          url: www.financialcontent.com
January 1, 2004

Wing Yu
400 Oyster Point Blvd., Suite 435
So. San Francisco, CA 94080

         Re:      Offer of Employment

Dear Wing:

On behalf of FinancialContent Services, Inc., I am delighted to confirm that the
Board of  Directors  has agreed to  increase  the annual  rate of your salary to
$120,000.00, payable monthly in equal payments of $10,000.00, commencing January
1, 2004. Your position with the Company shall remain Chief Executive Officer.


                                                     Sincerely,

                                                    /s/ Dave Neville
                                                    --------------------------
                                                    Dave Neville
                                                    General Counsel
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 11, 2010

s0303 

# Order

March 11, 2010

139614 & (74)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139614 COA: 282144 Berrien CC: 2005-401979-FH EDWARD PINKNEY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 14, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The motion for
miscellaneous relief is GRANTED.
**COURT OF APPEALS**

**TENTH DISTRICT OF TEXAS**

****

August 13, 2015

No. 10-15-00128-CV

IN THE INTEREST OF G.C., M.C., AND H.C., CHILDREN

From the County Court at Law

Bosque County, Texas

Trial Court No. CV14084

**JUDGMENT**

	This Court has reviewed the briefs of the parties and the record in this proceeding as relevant to the issues raised and finds no reversible error has been presented.  Accordingly, the trial court’s judgment signed on March 25, 2015 is affirmed.

	It is further ordered that the Texas Department of Family and Protective Services is awarded judgment against Kenneth Blake Linn for the appellate costs that were paid, if any, by the Department of Family and Protective Services; and all unpaid appellate court costs, if any, are taxed against Kenneth Blake Linn.

	A copy of this judgment will be certified by the Clerk of this Court and delivered to the trial court clerk for enforcement.

							PER CURIAM

****SHARRI ROESSLER, CLERK			

						By: ___________________________

							Nita Whitener, Deputy Clerk

# image1.png

# image2.jpeg

# image3.png
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-41141 Conference Calendar

JAMES MCQUEEN BYRD, Plaintiff-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. C-97-CV-399

- - - - - - - - - - February 11, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM: * James McQueen Byrd, # 414415, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(e). Byrd’s motion for default judgment is DENIED. Byrd argues that the district court abused its discretion in dismissing this civil action when it is clear in Texas law that it is prohibited to give a sentence of probation for aggravated sexual assault. Byrd argues that his confinementNo. 97-41141 -2- is illegal because it was illegal for him to receive a sentence of probation, subsequently revoked, for his crime of aggravated sexual assault. Byrd does not address the merits of the district court's opinion. Byrd does not argue that the district court erred in its determination that his claims are a challenge to his conviction and are subject to dismissal under Heck v. Humphrey , 512 U.S. 477 (1994). Failure of an appellant to identify any error in the district court's analysis or application to the facts of the case is the same as if the appellant had not appealed that judgment. Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Because Byrd does not address the basis of the district court's dismissal, he has abandoned the only issue on appeal before this court. We hold that Byrd’s appeal is without arguable merit and is frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2. We caution Byrd that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Byrd is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous.
MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 201 4 - 1 123 These comments are in **Directorate ID:** 

### 201 4 - CE - 0 3 7 - AD response to an SNPRM Originating Office Tracking No.: **Next Step:** FRAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, lis t latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter together. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch M anager**  **Date**
<PAGE>

                                                                    Exhibit 99.1


                            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 of K-Tron International, Inc. (the
"Company") on Form 10-Q for the period ended September 28, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Edward
B. Cloues, II, Chairman of the Board and Chief Executive Officer of the Company,
hereby certifies, based on my knowledge, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

November 12, 2002                          /s/Edward B. Cloues, II
                                           -----------------------
                                           Edward B. Cloues, II
                                           Chairman and Chief Executive Officer
###### Editorial Note on Part 159

#### Editorial Note:

Nomenclature changes to part 159 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

#### § 159.131 Safety: Incinerating device.

An incinerating device must not incinerate unless the combustion chamber is closed, must purge the combustion chamber of combustible fuel vapors before and after incineration must secure automatically if the burner does not ignite, must not allow an accumulation of fuel, and must neither produce a temperature on surfaces adjacent to the incineration chamber higher than 67 °C nor produce a temperature on surfaces in normal body contact higher than 41 °C when operating in an ambient temperature of 25 °C. Unitized incineration devices must completely burn to a dry, inert ash, a simultaneous defecation and urination and must not discharge fly ash, malodors, or toxic substances.
### Water-supply possibilities at Capitol Reef National Monument, Utah

By: I. Wendell Marine

                            https://doi.org/10.3133/wsp1475G

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)  Geologic map of the Headquarters Area, Capitol Reef National Monument, Utah
  - **Plate 2**                            (pdf)  Geologic section A-A' showing estimated depth of a typical water-test well in the vicinity of Fruita, Utah 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

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