alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hill v. Syracuse, Binghamton and New York Railroad Company, appellant.

*Evidence—of market price.*

A witness testified to the price Of wool on a certain day, but said he only derived his information from others who dealt in wool; did not know of or attend a sale of wool that day, and did not name any wool broker with whom he had conversed. *Held*insufficient to establish the price.

Appeal from a judgment in favor of plaintiff entered upon the report of referee. The action was brought in Chenango county by Silas R. Hill to recover for a breach of contract to transport certain wool.

*Sedgwicks, Kennedy & Tracy,*for appellant.

*L. B. Kern,*for respondent.

Miller, P. J.

The opinion is devoted to a consideration of the facts. . The headnote states fully the only point of any importance therein.

*Judgment reversed and new trial granted.*
NUMBER 13-13-00334-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

GABRIEL E. TORRES, Appellant,

v.

THE STATE OF TEXAS, Appellees.

On appeal from the 319th District Court 

of Nueces County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Benavides and Longoria

Order Per Curiam

This cause is before the Court because the court reporter, Esther Natividad, has 

failed to timely file the reporter’s record. The reporter’s record in this cause was 

originally due to be filed on September 18, 2013. The reporter has previously requested 

and received a prior extension of time to file the record, granting the reporter until 
2

November 4, 2013 to file the record. On December 2, 2013 the reporter was notified that 

the record was late and was directed to file the record within 30 days. As of this date, the 

record has not been filed.

This sequence of events requires us to effectuate our responsibility to avoid further 

delay and to preserve the parties’ rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, 

this appeal is ABATED and the cause REMANDED to the trial court.

Upon remand, the judge of the trial court shall immediately cause notice to be 

given and conduct a hearing to determine whether appellant has abandoned his appeal. 

If it is determined that appellant has not abandoned his appeal, the court shall further 

determine if appellants’ attorney of record continues to represent appellant and will 

diligently pursue this appeal. 

The court shall further determine if the reporter’s record, or any part thereof, has 

been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), 

if necessary. Otherwise, the court shall determine what steps are necessary to ensure 

the prompt preparation of a reporter's record, and shall enter any orders required to avoid 

further delay and to preserve the parties’ rights. 

The trial court shall prepare and file its findings and orders and cause them to be 

included in a supplemental clerk's record which should be submitted to the Clerk of this 

Court within thirty days from the date of this order.

IT IS SO ORDERED. 

PER CURIAM

Delivered and filed the

10th day of February, 2014.
§ 800.301 Application process. ( a ) Acceptance of applications. Without regard to 41 U.S.C. 6101(b)-(d), or any other statute requiring competitive bidding, OPM may consider annual applications from health insurance issuers, including groups of health insurance issuers as defined in § 800.20, to participate in the MSP Program. If OPM determines that it is not beneficial for the MSP Program to consider new issuer applications for an upcoming year, OPM will issue a notice to that effect. Each existing MSP issuer may complete a renewal application annually.
( b ) *Form and manner of applications.* An applicant must submit to OPM, in the form and manner and in accordance with the timeline specified by OPM, the information requested by OPM for determining whether an applicant meets the requirements of this part.
§ 702.56 Records. ( a ) The Commission shall promptly make available to the public in an easily accessible place at Commission headquarters the following materials: ( 1 ) A copy of the certification by the General Counsel required by § 702.54(e)(1).
( 2 ) A copy of all recorded votes required to be taken by these rules.
( 3 ) A copy of all announcements published in the Federal Register pursuant to this subpart.
( 4 ) Transcripts, electronic recordings, and minutes of closed meetings determined not to contain items of discussion or information that may be withheld under § 702.53. Copies of such material will be furnished to any person at the actual cost of transcription or duplication.
( b ) ( 1 ) Requests to review or obtain copies of records compiled under this Act, other than transcripts, electronic recordings, or minutes of a closed meeting, will be processed under the Freedom of Information Act and, where applicable, the Privacy Act regulations of the Commission (parts 704 and 705, respectively, of this title). Nothing in this subpart expands or limits the present rights of any person under the rules in this part with respect to such requests.
( 2 ) Requests to review or obtain copies of transcripts, electronic recordings, or minutes of a closed meeting maintained under § 702.54(e) and not released under paragraph (a)(4) of this section shall be directed to the Staff Director who shall respond to such requests within ten (10) working days.
( c ) The Commission shall maintain a complete verbatim copy of the transcript, a complete copy of minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of two years after such meeting or until one year after the conclusion of any agency proceeding with respect to which the meeting or portion was held, whichever occurs later.
<TABLE> <S> <C>

<ARTICLE>             9
<MULTIPLIER>          1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           2,436
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 4,960
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      1,163
<INVESTMENTS-CARRYING>                          31,813
<INVESTMENTS-MARKET>                            32,104
<LOANS>                                         53,348
<ALLOWANCE>                                        548
<TOTAL-ASSETS>                                  97,342
<DEPOSITS>                                      68,698
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                607
<LONG-TERM>                                     17,923
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      10,103
<TOTAL-LIABILITIES-AND-EQUITY>                  97,342
<INTEREST-LOAN>                                  1,042
<INTEREST-INVEST>                                  512
<INTEREST-OTHER>                                    63
<INTEREST-TOTAL>                                 1,617
<INTEREST-DEPOSIT>                                 605
<INTEREST-EXPENSE>                                 861
<INTEREST-INCOME-NET>                              756
<LOAN-LOSSES>                                       22
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                    741
<INCOME-PRETAX>                                    104
<INCOME-PRE-EXTRAORDINARY>                         104
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        66
<EPS-PRIMARY>                                      .07
<EPS-DILUTED>                                      .07
<YIELD-ACTUAL>                                    7.54
<LOANS-NON>                                          4
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   528
<CHARGE-OFFS>                                        2
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  548
<ALLOWANCE-DOMESTIC>                               548
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10Q-SB
FOR THE QUARTER ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                                        <C>
<PERIOD-TYPE>                                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       4,714,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,628,000
<ALLOWANCES>                                         0
<INVENTORY>                                    691,000
<CURRENT-ASSETS>                             7,707,000
<PP&E>                                      16,976,000
<DEPRECIATION>                                 210,000
<TOTAL-ASSETS>                              24,573,000
<CURRENT-LIABILITIES>                        3,642,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,000
<OTHER-SE>                                  20,308,000
<TOTAL-LIABILITY-AND-EQUITY>                24,573,000
<SALES>                                        628,000
<TOTAL-REVENUES>                               628,000
<CGS>                                          538,000
<TOTAL-COSTS>                                3,219,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             10,079,000
<INCOME-TAX>                                 3,612,000
<INCOME-CONTINUING>                          6,467,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 6,467,000
<EPS-BASIC>                                        .43
<EPS-DILUTED>                                      .37


</TABLE>
[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10570-10571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1105]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meeting during the week of 
March 12, 2007:
    A Closed Meeting will be held on Monday, March 12, 2007 at 2 p.m.
    Commissioners, Counsels to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a) 
(3), (5), (7), 9(ii) and (10) permit consideration of the scheduled 
matters at the Closed Meeting.
    Commissioner Campos, as duty officer, voted to consider the items 
listed for the closed meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Monday, 
March 12, 2007 will be:
    Formal orders of investigation;

[[Page 10571]]

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an 
enforcement nature;
    An adjudicatory matter; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: March 5, 2007,
Nancy M. Morris,
Secretary.
[FR Doc. 07-1105 Filed 3-6-07; 11:45 am]
BILLING CODE 8010-01-P
#### § 92.301 Enforcement mechanisms.

The enforcement mechanisms available for and provided under title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 shall apply for purposes of section 1557 as implemented by this part.
#### § 681.29 Will the hearing proceedings be recorded?

The hearing will be recorded and transcribed. The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the authority head.
* 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. United States Court of Appeals Fifth Circuit 

## FILED November 9, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40273 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CARLOS FERNANDO CADENA-SOLIS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-918-ALL

-------------------- Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Carlos Fernando Cadena-Solis raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
#### §§ 1706.141-1706.148 [Reserved]
----

|   |   |                                                                                                                                                 |
|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | (1)    | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (16 U.S.C. 78m or 78o(d); and       |
|   |   |                                                                                                                                                 |
|   | (2)    | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

| DATE: June 1, 2010 | By: /s/  | Marius Silvasan         |   |
|--------------------|---------------|-------------------------|--------|
|               |          |                    |   |
|               |          | Marius Silvasan         |   |
|               |          |                    |   |
|               |          | Chief Executive Officer |   |
#### § 111.105-9 [Reserved]
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Transportation Safety Board

# FOR FURTHER INFORMATION CONTACT:

Vicky D' Onofrio, (202) 314-6410.

Dated: March 13, 2007.

Candi R. Bing,

Federal Register Alternate Liaison Officer.

[FR Doc. 07-1283 Filed 3-13-07; 12:38 pm]

BILLING CODE 7533-01-M
§ 708.8 Written decision. ( a ) The hearing official shall issue a written opinion no later than sixty (60) days after the filing of the petition for hearing; or no longer than sixty (60) days from the proceedings if an extension has been granted pursuant to § 708.5(b)(10).
( b ) The written opinion will include: A statement of the facts presented to demonstrate the nature and origin of the alleged debt; the hearing official's analysis, findings, and conclusions; the amount and validity of the debt; and, if applicable, the repayment schedule.
EXHIBIT 31.1

                                 CERTIFICATIONS

                  I, David J. Stein, certify that:


      1. I have reviewed this annual report on Form 40-F/A of CoolBrands
International Inc.;


      2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;


      3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report.





Dated: September 29, 2003



                               /s/ David J. Stein
                               ------------------------------------------------
                               David J. Stein
                               Title:  President and Co-Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7698

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GARY ELLIOTT HOKE,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, District

Judge. (CR-91-1-MU)

Submitted: June 19, 1997 Decided: June 26, 1997

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gary Elliott Hoke, Appellant Pro Se. Harry Thomas Church, Assistant

United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying Appellant's motion to amend his presentence report. We have reviewed the

record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. United States v. Hoke, No. CR-91-1-MU (W.D.N.C. Oct. 21,

1996). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
#### § 101.56 Changes or cancellations of an allocation order.

An allocation order may be changed or canceled by an official action of HHS. Notice of such changes or cancellations may be provided directly to persons to whom the order being cancelled or modified applies or constructive notice may be provided by publication in the Federal Register.
EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

     In connection with the Quarterly Report of Rings To Dine For, Inc. (the
"Company") on Form 10-QSB for the quarter ending March 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Patricia Greenfield, President 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 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 results of operations of the
Company.

Date: May 14, 2007

                                         By: /s/ Patricia Greenfield
                                            ---------------------------
                                            Patricia Greenfield
                                            President