alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT.

#### Charles W. Bartlett, appellant, agt. Alexander McNiel, respondent.

*First*Department, *General*Term,

October, 1874.

*Amendment of judgment roll*— *emmination in supplementa/ry proceedings.*

Where an order is made at special term amending a judgment roll, which simply conforms it to the conceded facts, and substantially to the facts sworn to by the plaintiff on obtaining the order of publication, on appeal the defendant appellant will be concluded by his admissions at a former special term, made to set aside the judgment, that he had property in this state at the time of the publication.

*Supplemental proceedings*are not authorized by the Code on a judgment not' *in personam.*

Appeal from an order of the special term, allowing an amendment of the judgment roll.

*T. F.*Donovan, for appellant.

Beébe, *Wilcox <&*Hobbs, for respondent.

Davis, *P. J*.

There are two appeals in this case. The first is from the order of the special term allowing an amendment of the judgment. The second from' an order denying a motion that the court fix a time for defendant to appear and be examined in the supplemental proceedings. Both of these orders appear to us to be right. The order made at general term on the former appeal from an order refusing to vacate the judgment contains this recital, *“*and the said appellant by his counsel having admitted on the argument of said appeal *56that he had property in this state at the time of the order of publication herein was made, which consisted of two thirty-seconds of the ship Eliza McMel.” This admission appears to have been one of thousands upon which the court affirmed the order below, *“*without prejudice to an application to be made at chambers to correct the said judgment in the recital or form thereof.” ,

The motion was made at special term in conformity to this suggestion; and granted. It is doubtful whether the judgment was not void on its face without such recital,.but on this point and on the question whether the recital cures it we express no opinion.

The. amendment simply made the roll conform to the conceded facts, and substantially to.the facts sworn to by plaintiff. on obtaining the order of publication. In respect to the order denying the motion to fix the time for examination on the supplemental proceedings, it is enough to say that the judgment was not one m *personam.*The supplemental proceedings were not authorized by the Code on such a judgment.

Both orders should be affirmed, with ten dollars ■ costs on each appeal, pending disbursements.

Daniels and Lawrence, JJ., concurred.
|   | 1) | The                Report fully complies with the requirement 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 Company’s financial position and results of                operations. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                |                                                                                                                                       |                                     |
|-------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------|
|                                |                                                                                                                                       |
|                           |                                                                                                                                  |                                |
| Date:                  May 23, 2006 | By:                                                                                                                              | /s/ Jon                  Fullenkamp |
|                                | Jon                  Fullenkamp                                                                                                            |
|                                | Principal                        Executive OfficerPrincipal                        Financial and Accounting                        Officer |

----
#### Charles B. Perry, *Appellant, v.*Cyrus Strong and others, *Respondents*.

Judgment affirmed, with costs. Opinion by

Osborn, J.
#### WICKHAM HAVENS, INCORPORATED, PLAINTIFF-APPELLANT, v. MARTIN HAAS ET AL., DEFENDANTS-RESPONDENTS.

Decided December 13, 1929.

Before Justices Teenchaed, Lloyd and Case.

Eor the appellant, *Howe •& Davis.*

Eor the respondents, *Michael T. & Hugh G. Barrett.*

Pee Cubiam.

The plaintiff-appellant applies for costs on reversal because of an error in the trial court.

It seems plain that costs should not be awarded, since the reversal leaves the parties where they stood before, and since there must be a new trial, which, for purposes of clarity, is now awarded.

The application for costs is denied. Costs will abide the event of the suit.
Exhibit 32.2 Certification by the Chief Financial Officer pursuant to 18 U.S.C. 1350
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  In connection with the Quarterly Report of Octillion Corp. (the Company) on the Form 10-QSB for the period ending February 29, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harmel S. Rayat, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:  (i) the Report filed by the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (ii) The information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.  OCTILLION CORP.Date:  April 11, 2008By:/s/ Harmel S. RayatHarmel S. Rayat
Chief Financial Officer  This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Page 69665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27441]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9011-9]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-7146 or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 11/04/2013 through 11/08/2013.
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make 
public its comments on EISs issued by other Federal agencies. EPA's 
comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20130329, Draft EIS, FHWA, TX, US 69/Loop 49 North Lindale 
Reliever Route, Comment Period Ends: 01/20/2014, Contact: Gregory 
Punske 512-536-5960.
EIS No. 20130330, Final EIS, NRC, 00, Generic--License Renewal of 
Nuclear Plants (NUREG-1437), Review Period Ends: 12/16/2013, Contact: 
Jeffrey Rikhoff 301-415-1090.
EIS No. 20130331, Final EIS, USFS, NE., Allotment Management Planning 
in the Fall River West and Oglala Geographic Areas, Review Period Ends: 
12/16/2013, Contact: Robert Novotny 605-745-4107.
EIS No. 20130332, Final EIS, FHWA, CALTRANS, CA, Interstate 5 North 
Coast Corridor Project, Review Period Ends: 12/16/2013, Contact: Manuel 
Sanchez 619-699-7336.
EIS No. 20130333, Final EIS, USFS, OR, Fox Canyon Cluster Allotment 
Management Plans, Review Period Ends: 12/16/2013, Contact: Jeffrey 
Marszal 541-416-6436.
EIS No. 20130334, Draft EIS, BIA, MA, Mashpee Wampanoag Tribe Fee-to-
Trust Acquisition and Casino Project, Comment Period Ends: 12/30/2013, 
Contact: Chester McGhee 615-564-6500.
EIS No. 20130335, Final EIS, BLM, NV, Pan Mine Project, Review Period 
Ends: 12/16/2013, Contact: Miles Kreidler 775-289-1893.
EIS No. 20130336, Draft EIS, FHWA, FL, SR 997/SW 177th Avenue/Krome 
Avenue South, Comment Period Ends: 12/30/2013, Contact: Cathy Kendall 
850-553-2225.
EIS No. 20130337, Draft EIS, USACE, CA, Southport Sacramento River 
Early Implementation Project, Comment Period Ends: 01/06/2014, Contact: 
Tanis Toland 916-557-6717.

Amended Notices

EIS No. 20130261, Draft Supplement, NPS, CA, Golden Gate National 
Recreation Area Draft Dog Management Plan, Comment Period Ends: 01/11/
2014, Contact: Michael B. Edwards 303-969-2694.
EIS No. 20130324, Final EIS, BLM, CA, Stateline Solar Farm Project, 
Proposed Final Plan Amendment, Review Period Ends: 12/16/2013, Contact: 
Jeffery Childers 951-807-6737. Revision to FR Notice Published 11/08/
2013; Correction to change Review Period from 02/05/2014 to 12/16/2013.

    Dated: November 12, 2013.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2013-27441 Filed 11-18-13; 11:15 am]
BILLING CODE 6560-50-P
```
NO. 12-09-00296-CR

 

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BENJAMIN VASQUEZ, ' APPEAL FROM THE 241ST

APPELLANT

V. ' JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE ' SMITH COUNTY, TEXAS

 

MEMORANDUM OPINION

PER CURIAM

Prior to commencement of oral argument, counsel for Appellant and counsel for the State 

filed two agreed motions. One motion requested the withdrawal of Appellant’s notice of appeal, 

and the other requested that the trial court’s judgment be reversed without regard to the merits and 

the case remanded to the trial court. At oral argument, the court announced that Appellant’s 

motion to withdraw his notice of appeal was granted and that the remaining motion was moot. 

Because Appellant’s motion to withdraw his notice of appeal has been granted, the appeal 

is dismissed. All pending motions are overruled as moot.

Opinion delivered February 18, 2011.

Panel consisted of Worthen, C.J., Griffith, J. and Hoyle, J.

(DO NOT PUBLISH)
Electronically Filed Intermediate Court of Appeals CAAP-18-0000141 22-AUG-2019 09:03 AM
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GERALD BAKKE, INDIVIDUALLY 

NAD ON BEHALF OF 7800 RANCH 

INVESTMENT, INC., A TEXAS 

CLOSELY-HELD CORPORATION,

 Appellants,

v.

JOHN H. HARVISON, 

GLENDA SUE HARVISON, 

JOHN D. HARVISON, 7HBF LTD.,

7HBF MANAGEMENT CO., LTD,

DONALD H. RAY, DONALD H. RAY, 

P.C., AND RAY & WILSON,

 Appellees. 

§

§

§

§

§

§

§

§

§

No. 08-11-00300-CV

Appeal from

352nd District Court

of Tarrant County, Texas

(TC # 352-244033-10)

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the 

judgment. We therefore reverse the judgment of the court below and remand the cause for 

further proceedings, in accordance with this Court=s opinion. We further order that Appellants 

recover from Appellees all costs of this appeal, for which let execution issue, and this decision be 

certified below for observance.

IT IS SO ORDERED THIS 16TH DAY OF OCTOBER, 2013.

ANN CRAWFORD McCLURE, Chief Justice 

Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating
# C_2013164EN.01000602.xml

| 8.6.2013 | EN | Official Journal of the European Union | C 164/6 |
| --- | --- | --- | --- |

8.6.2013

EN

Official Journal of the European Union

C 164/6

---

Judgment of the Court (Fifth Chamber) of 18 April 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Colloseum Holding AG v Levi Strauss & Co.

(Case C-12/12) (1)

1

(Trade marks - Regulation (EC) No 40/94 - Article 15(1) - Definition of ‘genuine use’ - Trade mark used only as one element of a composite mark or in conjunction with another mark)

2013/C 164/10

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant: Colloseum Holding AG

Appellant:

Respondent: Levi Strauss & Co.

Respondent:

Re:

Re:

Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Concept of ‘use of a trade mark’ — Recognition of the existence of use of a trade mark forming part of a composite mark where the composite mark is used — Recognition of the existence of use of a trade mark where it is used only together with another mark, the two marks being registered both individually and together as a composite mark

Operative part of the judgment

Operative part of the judgment

The condition of genuine use of a trade mark, within the meaning of Article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, may be satisfied where a registered trade mark, which has become distinctive as a result of the use of another composite mark of which it constitutes one of the elements, is used only through that other composite mark, or where it is used only in conjunction with another mark, and the combination of those two marks is, furthermore, itself registered as a trade mark.

---

(1)  OJ C 89, 24.3.2012.

1

---
#### § 32.70-5 Hull requirements; general—TB/ALL.

The scantlings, material, and workmanship, the subdivision of cargo spaces, the arrangement of cofferdams, the testing of tanks and cofferdams, shall be at least equivalent to the requirements of a recognized classification society for the particular service specified in the application for the certificate of inspection and permit for the transportation of liquid flammable cargoes in bulk as of the date when the tank vessel was built or as of the date when the vessel was converted into a tank vessel. In the absence of such classification requirements, the Officer in Charge, Marine Inspection, shall satisfy himself that the vessel's structure as specified in this section is safe for the service to be specified in its certificate of inspection.

[CGFR 66-33, 31 FR 15268, Dec. 6, 1966]
Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

#   Board Actions 

## Actions taken during the week ending December 16, 2006

----

Bank Holding CompaniesCitizens Banking Corporation, Flint, Michigan  -- to acquire Republic Bancorp Inc., Owosso, and Republic Bank, Lansing.					-Approved, December 11, 2006 					

Board OperationsDivision of Banking Supervision and Regulation  -- reorganization into three primary areas and appointment of Deborah Bailey, Peter Purcell, and Steve Roberts as Deputy Directors to oversee those areas.					-Approved, December 11, 2006 					

CurrencyFederal Reserve Notes  -- new currency budget for 2007.					-Approved, December 14, 2006 					

FormsForms  -- final Board review to extend with revision the Report of Changes in Organizational Structure (FR Y-10), Report of Changes in FBO Organizational Structure (FR Y-10F), Supplement to the Report of Changes in Organizational Structure (FR Y-10S), Notification of Foreign Branch Status (FR 2058), Annual Report of Bank Holding Companies (FR Y-6), and Annual Report of Foreign Banking Organizations (FR Y-7); to extend without revision the Consolidated Bank Holding Company Report of Equity Investments in Nonfinancial Companies (FR Y-12); and to implement the Annual Report of Merchant Banking Investments Held for an Extended Period (FR Y-12A).					-Approved, December 14, 2006 					

Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco
Home | Banking information and regulationAccessibility | Contact   usLast update: December 21, 2006
Case 2:15-cv-12312-MOB-EAS ECF No. 56-4, PageID.1532 Filed 09/23/16 Page 1 of 3
Case 2:15-cv-12312-MOB-EAS ECF No. 56-4, PageID.1533 Filed 09/23/16 Page 2 of 3
Case 2:15-cv-12312-MOB-EAS ECF No. 56-4, PageID.1534 Filed 09/23/16 Page 3 of 3
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS  UNAUDITED  SUMMARY  FINANCIAL INFORMATION EXTRACTED FROM
THE FINANCIAL STATEMENTS FOR MAXUS REAL  PROPERTY  INVESTORS -FOUR, L.P. AND  IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000700720
<NAME> MAXUS REAL PROPERTY INVESTORS-FOUR, L.P.
<MULTIPLIER> 1

<S>   <C>
<PERIOD-TYPE> 12-MOS
<FISCAL-YEAR-END> NOV-30-2000
<PERIOD-START> DEC-01-1999
<PERIOD-END> FEB-29-2000
 <CASH> 10,000
<SECURITIES> 0
<RECEIVABLES> 125,000
<ALLOWANCES> 0
<INVENTORY> 0
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 <TOTAL-LIABILITY-AND-EQUITY> 11,088,000
<SALES> 684,000
<TOTAL-REVENUES> 799,000
<CGS> 0
<TOTAL-COSTS> 0
<OTHER-EXPENSES> 570,000
<LOSS-PROVISION> 0
<INTEREST-EXPENSE> 317,000
<INCOME-PRETAX> (88,000)
<INCOME-TAX> 0
<INCOME-CONTINUING> (88,000)
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</TABLE>
[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Notices]
[Page 27073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2351]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of New Fee Site; Federal Lands Recreation Enhancement Act, 
(Title VIII, Pub. L. 108-447)

AGENCY: Eldorado National Forest, USDA Forest Service.

ACTION: Notice of a proposed new fee site.

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

SUMMARY: The Eldorado National Forest is planning to charge a $5 fee 
for the day use at the Woods Lake Picnic Area, located on the Amador 
Ranger District Ranger District. This existing picnic area has been 
available for use without a fee prior to this time. Funds from the new 
standard amenity day use fee will be used for the continued operation 
and maintenance of Woods Lake Picnic Area. The Eldorado National Forest 
currently has five other day use areas at which fees are charged under 
the Recreation Enhancement Act, including the nearby Carson Pass, 
Meiss, and Woods Lake Trailheads that provide access into the Carson 
Pass Management Area. A business analysis of Woods Lake Picnic Area has 
shown that people desire having this sort of recreation experience on 
the Eldorado National Forest. A market analysis indicates that the $5/
per vehicle fee is both reasonable and acceptable for this sort of 
recreation experience. Fees will be collected at the site using a self 
pay fee tube. The following annual passes will be accepted in lieu of a 
daily fee: Eldorado National Forest/Lake Tahoe Basin Management Unit 
Annual Pass, or one of the following Federal Passes: Interagency Annual 
Pass, Interagency Senior Pass, Interagency Volunteer Pass, or 
Interagency Access Pass.

DATES: The new fees at Woods Lake Picnic Area will become effective May 
1, 2008.

ADDRESSES: Forest Supervisor, Eldorado National Forest, 100 Forni Road, 
Placerville, CA 95667.

FOR FURTHER INFORMATION CONTACT: Diana Erickson, Recreation Fee 
Coordinator, (530) 621-5214.

SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act 
(Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to 
publish a six month advance notice in the Federal Register whenever new 
recreation fee areas are established. This new fee will be reviewed by 
a Recreation Resource Advisory Committee prior to a final decision and 
implementation.

    Dated: May 8, 2007.
Ramiro Villalvazo,
Eldorado National Forest Supervisor.
[FR Doc. 07-2351 Filed 5-11-07; 8:45 am]
BILLING CODE 3410-11-M
<PAGE>

                                                                    EXHIBIT 99.1

                             BANK ONE, TEXAS N.A.
                  Annual Officer's Certificate of the Servicer
                       Banc One Auto Grantor Trust 1996-A



     The undersigned, a duly authorized representative of Bank One, Texas, N.A.,
as Servicer (the "Servicer"), pursuant to Section 3.10 of the Pooling and
Servicing Agreement dated as of March 1, 1996 (the "Agreement") between the
Servicer and The Chase Manhattan Bank, N.A., as trustee (the "Trustee"), does
hereby certify as follows:

     (1)  All terms used herein that are defined in the Agreement shall have the
          meanings provided in the Agreement, unless otherwise defined herein.

     (2)  The undersigned is an officer of the Servicer who is duly authorized
          pursuant to the Agreement to execute and deliver this Certificate.

     (3)  A review of the activities of the Servicer during the period from
          January 1, 1999 to December 31, 1999 (the "Servicing Period") and its
          performance under the Agreement has been made under my supervision.

     (4)  Based on such review, the Servicer has, to the best of my knowledge,
          fulfilled all of its obligations under the Agreement throughout the
          Servicing Period except as set forth in paragraph (5) below.

     (5)  The following is a brief description of each default in the
          fulfillment of the Servicer's obligations under the Agreement known to
          me to have been made by the Servicer during the Servicing Period,
          which sets forth in detail (i) the nature of each such default and
          (ii) the current status of each default: NONE.


IN WITNESS WHEREOF, the Servicer has caused this Certificate to be executed by a
duly authorized officer as of the 31st day of December 1999.


                              BANK ONE, TEXAS, N.A., as Servicer



                              By:   /s/ Tracie H. Klein
                                  -------------------------
                                  Name:  Tracie H. Klein
                                  Title: Vice President
235_Export

min_date max_date Hourly_Hg_Fluegas_Conc Units AvgOfFluegas_Flowrate_scfh

8/24/2009 8/25/2009 3.034 μg/dscm 9378981.836

8/25/2009 8/28/2009 3.856 μg/dscm 9127291.932

8/28/2009 8/30/2009 4.033 μg/dscm 9006927.43

Page 1
235_Export

AvgOfFluegas_Temperature_F AvgOfHeat_Input_MMBtu/hr AvgOfAverage_Load

275.65 530.6818182 53.72727273

273.3356164 490.4520548 49.12191781

274.61 485.225 49.19833333

Page 2
235_Export

SumOfOperating_Time Moisture_Fraction

22 0.08

73 0.08

59.83333333 0.08

Page 3
#### § 31.10-45 Inspection of crew accommodations—TB/ALL.

Crew's quarters shall be inspected to determine their sanitary condition. The Officer in Charge, Marine Inspection, upon completing such inspection, shall notify the master or officer in charge of the vessel of his findings, which shall be entered in the vessel's log book.