alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appeal Reinstated, Motion Granted , Appeal Dismissed , and Memorandum

Opinion filed April 2 9 , 2021

.

In The



## Fourteenth Court of Appeals

NO. 14

- 20

- 00618

- CV

FLUID POWER EQUIPMENT, INC., PEERLESS ENTERPRISES &

ROBERT NOBLE SHELL , Appellant s

V. DEBORAH P. WILSON, AS INDEPENDENT EXECUTRIX FOR THE

ESTATE OF JOHN WILLIAM WILSON , Appellee

On Appeal from the 157th District Court

Harris County, Texas Trial Court Cause No. 2015

- 67171

MEMORANDUM OPINION This is an appeal from a judgment s igned June 25, 2020. The appeal was abated on November 17, 2020. On April 20, 2021, appellan ts filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. We reinstate the appeal, grant the motion , and dismiss the appeal.

PER CURIAM
Panel c onsists of Chief Justice Christopher and Justices Jewell and Zimmerer.
No. 59277.

protest 229336-K (New York).

#### General Sportcraft Co., Ltd. *v.*United States,

Opinion by

Wilson, J.

In a memorandum to accompany invoice, customs Form 4371, addressed to the collector-from the appraising officer, there appeared the following statement: “These articles being leather sheaths, on reconsideration this office would advisory return under par. 1531 as — manufactures in chief value of leather, at 12)4% ad valorem.” Following the special report of the appraiser, the collector’s office, in a memorandum accompanying the protest, advised that “the merchandise would now be properly classified at 12}4% under paragraph 1531 of the Tariff Act of 1930.” Accordingly, the merchandise, covered by item No. 3022 on the invoice, was held properly dutiable at 12)4 percent under paragraph 1531, as modified by T. D.’s 52373 and 52476, as manufactures of leather.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1999
<PERIOD-START>                             MAY-01-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                           9,071
<SECURITIES>                                         0
<RECEIVABLES>                                  170,117
<ALLOWANCES>                                     2,827
<INVENTORY>                                      2,985
<CURRENT-ASSETS>                               182,848
<PP&E>                                          46,428
<DEPRECIATION>                                  23,557
<TOTAL-ASSETS>                                 255,049
<CURRENT-LIABILITIES>                          161,763
<BONDS>                                         13,540
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            45
<OTHER-SE>                                      79,701
<TOTAL-LIABILITY-AND-EQUITY>                   255,049
<SALES>                                        615,608
<TOTAL-REVENUES>                               686,163
<CGS>                                          559,240
<TOTAL-COSTS>                                  604,254
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   766
<INTEREST-EXPENSE>                               1,269
<INCOME-PRETAX>                                  8,316
<INCOME-TAX>                                     3,617
<INCOME-CONTINUING>                              4,699
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,699
<EPS-PRIMARY>                                     1.10
<EPS-DILUTED>                                     1.09
        

</TABLE>
IV 

House Calendar No. 155 

110TH CONGRESS 

1ST SESSION H. RES. 818 

[Report No. 110–448] 

Providing for consideration of the bill (H.R. 4156) making emergency supplemental appropriations for the Department of Defense for the fiscal year 

ending September 30, 2008, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2007 

Mr. MCGOVERN, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 4156) making 

emergency supplemental appropriations for the Department of Defense for the fiscal year ending September 

30, 2008, and for other purposes. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order to consider in the House the bill (H.R. 

3 4156) making emergency supplemental appropriations for 

4 the Department of Defense for the fiscal year ending Sep5 tember 30, 2008, and for other purposes. All points of 

6 order against consideration of the bill are waived except 

mstockstill on PROD1PC71 with BILLS

2 

•HRES 818 RH 

1 those arising under clause 9 or 10 of rule XXI. The bill 

2 shall be considered as read. All points of order against 

3 provisions of the bill are waived. The previous question 

4 shall be considered as ordered on the bill to final passage 

5 without intervening motion except: (1) two hours of debate 

6 equally divided and controlled by the chairman and rank7 ing minority member of the Committee on Appropriations; 

8 and (2) one motion to recommit. 

9 SEC. 2. During consideration of H.R. 4156 pursuant 

10 to this resolution, notwithstanding the operation of the 

11 previous question, the Chair may postpone further consid12 eration of the bill to such time as may be designated by 

13 the Speaker. 

mstockstill on PROD1PC71 with BILLS

mstockstill on PROD1PC71 with BILLS

House Calendar No. 155 

110TH CONGRESS 

1ST SESSION H. RES. 818 

[Report No. 110

–448] 

RESOLUTION 

Providing for consideration of the bill (H.R. 4156) 

poses. ending September 30, 2008, and for other purfor the Department of Defense for the fiscal year making emergency supplemental appropriations 

NOVEMBER 13, 2007 

Referred to the House Calendar and ordered to be 

printed 

mstockstill on PROD1PC71 with BILLS
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DETENTION ORDER

PAGE -1-

UNITED STATES DISTRICT COURT

 WESTERN DISTRICT OF WASHINGTON

 AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CASE NO. CR06-57-JPD

)

v. )

)

RANDY NADAL SOBREO, ) DETENTION ORDER 

)

Defendant. )

)

_____________________________ )

 I conducted a Bond Revocation hearing. A portion of the hearing was continued

to determine whether the defendant was amenable to treatment. On March 1, 2006, the

parties conferred with the Court. In the Court’s view the defendant is not amenable to

treatment and suffers the daily struggle of addiction to methamphetamine. Outpatient

treatment is available but not considered adequate given the Defendant’s apparent level of

addiction.

It is therefore ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of

the Attorney General for confinement in a correctional facility separate, to

the extent practicable, from persons awaiting or serving sentences, or being

held in custody pending appeal;

(2) Defendant shall be afforded reasonable opportunity for private consultation

Case 2:06-cr-00057-JPD Document 56 Filed 03/03/06 Page 1 of 2
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DETENTION ORDER

PAGE -2-

with counsel;

(3) On order of a court of the United States or on request of an attorney for the

Government, the person in charge of the correctional facility in which

Defendant is confined shall deliver the defendant to a United States Marshal

for the purpose of an appearance in connection with a court proceeding; and

 (4) The clerk shall direct copies of this order to counsel for the United States,

to counsel for the defendant, to the United States Marshal, and to the United

States Pretrial Services Officer.

DATED this 3rd day of March, 2006.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:06-cr-00057-JPD Document 56 Filed 03/03/06 Page 2 of 2
EXHIBIT 31.1

CERTIFICATION

I, Nigar Lila, certify that:

1.

I have reviewed this Annual Report on Form 10-K of Dolat Ventures, Inc

2.

Based on my knowledge, this 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 report;

3.

Based on my knowledge, the financial statements and other financial information included in this 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 report;

4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and I have:

a.

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant is made known to me, particularly during the period in which this annual report is being prepared;

b.

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles

c.

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d.

Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrant's forth fiscal year in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.

I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent function):

a.

All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

b.

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls over financial reporting.

By: /s/ Nigar Lila

Nigar Lila
Principal Executive Officer and Principal Financial Officer

Date: May 6, 2009
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6248

FREDERICK SELLERS,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at 

Elkins. John Preston Bailey, District Judge. (2:15-cv-00079-JPB-RWT)

Submitted: June 20, 2017 Decided: June 23, 2017

Before SHEDD, WYNN, and DIAZ, Circuit Judges.

Affirmed in part, vacated in part, and remanded with instructions by unpublished per 

curiam opinion.

Frederick Sellers, Appellant Pro Se. Erin Carter Tison, Assistant United States Attorney, 

Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Frederick Sellers appeals the district court’s order dismissing his complaint. We 

have reviewed the record and find no reversible error. Accordingly, we deny Sellers’ 

motion to appoint counsel and affirm for the reasons stated by the district court. Sellers v. 

United States, No. 2:15-cv-00079-JPB-RWT (N.D. W. Va., Feb. 16, 2017). However, 

because the district court, which lacked subject-matter jurisdiction over Sellers’ complaint, 

dismissed Sellers’ unnecessary surgery claim with prejudice, we vacate this portion of the 

judgment and remand the case with instructions to dismiss the claim without prejudice. 

See S. Walk at Broadlands Homeowner’s Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d 

175, 185 (4th Cir. 2013) (explaining that dismissal for lack of subject-matter jurisdiction 

must be without prejudice); see also Robb v. United States, 80 F.3d 884, 887 n.2 (4th Cir. 

1996) (finding dismissal under independent contractor exception is dismissal for want of 

subject-matter jurisdiction).

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED IN PART,

VACATED IN PART,

AND REMANDED WITH INSTRUCTIONS
Case 2:06-cv-00204-JCC Document 63 Filed 12/18/2006 Page 1 of 8

Gordon v. Virtumundo Inc et al Doc. 63

Dockets.Justia.com
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Case 2:06-cv-00204-JCC Document 63 Filed 12/18/2006 Page 8 of 8
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED UNAUDITED FINANCIAL STATEMENTS AND RELATED NOTES
CONTAINED IN THIS FILING AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL INFORMATION.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         520,775
<SECURITIES>                                   165,473
<RECEIVABLES>                                  341,376
<ALLOWANCES>                                    45,548
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,313,297
<PP&E>                                         358,082
<DEPRECIATION>                                 194,075
<TOTAL-ASSETS>                               1,710,399
<CURRENT-LIABILITIES>                          756,167
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,752
<OTHER-SE>                                     779,847
<TOTAL-LIABILITY-AND-EQUITY>                 1,710,399
<SALES>                                              0
<TOTAL-REVENUES>                               375,419
<CGS>                                                0
<TOTAL-COSTS>                                  368,880
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   247
<INTEREST-EXPENSE>                                 852
<INCOME-PRETAX>                                 26,216
<INCOME-TAX>                                     9,431
<INCOME-CONTINUING>                             16,785
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,785
<EPS-BASIC>                                       0.06
<EPS-DILUTED>                                     0.06


</TABLE>
<PAGE>

                                                                  Exhibit 10.6.4

                               EASTERN ENTERPRISES

                          Amendment of Trust Agreement


      Instrument of amendment dated September 22, 1999 by and between Eastern
Enterprises ("Eastern") and Key Trust Company of Ohio, N.A. (the "Trustee"):

      WHEREAS Eastern and the Trustee are parties to a trust agreement
originally dated January 29, 1987 and subsequently amended, including to
substitute the current Trustee as trustee of the trust established under such
agreement (as heretofore amended, the "Trust Agreement"); and

      WHEREAS Eastern wishes to amend the Trust Agreement as hereinafter
provided; and

      WHEREAS Eastern has reserved the right to make such amendment under
Section 10(a) of the Trust Agreement;

      NOW, THEREFORE, in consideration of these premises, the Trust Agreement is
hereby amended as follows, effective immediately:

      1. Section 2(a) of the Trust Agreement is amended by deleting that portion
of the last sentence thereof which begins "and further provided, that no such
modification or supplement . . ." and ends ". . . prior to the Change of
Control" and replacing the deleted text with the following:

      "and further provided, that no such modification or supplement upon or
      following a Change of Control shall (i) expand the list of plans or other
      compensation or benefit arrangements (as set forth in the most recent
      Schedule A delivered to the Trustee prior to the Change of Control) under
      which compensation or benefits may be provided from assets of the Trust,
      nor shall any amendment or modification of any such plan or arrangement
      adopted upon or following the Change of Control be taken into account in
      determining compensation or benefits that may be provided from assets of
      the Trust (but nothing in this proviso shall be construed as limiting the
      right of a Trust Beneficiary to claim benefits from Eastern or its
      subsidiaries, or a successor, in respect of any such amendment or
      modification), or (ii) add any person as a Trust Beneficiary who was not
      an employee or trustee of Eastern prior to the Change of Control."

      IN WITNESS WHEREOF, Eastern Enterprises and the Trustee have caused this
instrument of amendment to be executed by their duly authorized officers as of
the date set forth above.

                                    EASTERN ENTERPRISES

                               By:  /s/ J. Atwood Ives
                                    -----------------------------


                                    KEY TRUST COMPANY OF OHIO, N.A.

                               By:  /s/ Margaret Halloran, AVP
                                    -----------------------------



----------
Approved by the Board of Trustees on September 22, 1999
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28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

DENNIS D. CORBRAY,

Petitioner,

v.

SANDRA CARTER,

Respondent.

Case No. C06-5043RJB

 ORDER FOR SERVICE AND

 RETURN, § 2254 PETITION

(1) The clerk shall arrange for service by certified mail upon respondent, a copy of the

petition, of all documents in support thereof, and of this Order. All costs of service shall be

advanced by the United States. The Clerk shall assemble the necessary documents to effect service. 

The Clerk shall send petitioner a copy of this Order, and the General Order. The clerk will also send

a courtesy copy of the petition to the Washington State Attorney General’s Office Criminal Justice

Division. 

(2) Within forty-five (45) days after such service, respondent shall file and serve an

 answer in accordance with Rule 5 of the Rules Governing § 2254 Cases in United States District

Courts. As part of such answer, respondent should state whether petitioner has exhausted available

state remedies, whether an evidentiary hearing is necessary, and whether there is any issue of abuse

of delay under Rule 9. Respondent shall not file a dispositive motion in place of an answer without

Case 3:06-cv-05043-RJB Document 10 Filed 05/10/06 Page 1 of 2
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28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 2

first showing cause as to why an answer is inadequate. Respondent shall file the answer with the

Clerk of Court and serve a copy of the answer upon petitioner.

(3) The answer will be treated in accordance with Local Rule CR 7. Accordingly, upon

 receipt of the Answer the Clerk will note the matter for consideration on the fourth Friday after the

answer is filed, petitioner may file and serve a response not later than on the Monday immediately

preceding the Friday appointed for consideration of the matter, and respondent may file and serve a

reply brief not later than on the Thursday immediately preceding the Friday designated for

consideration of the matter.

DATED this 9th day of May, 2006.

A

Karen L. Strombom

United States Magistrate Judge

Case 3:06-cv-05043-RJB Document 10 Filed 05/10/06 Page 2 of 2
No. 58263.

protest 182264-K (New York).

#### Norge Cabins, Inc., c/o Federal Motorship Corp. *v.*United States,

Opinion by

Johnson, J.

At the trial it was stipulated that the issue herein is similar in all material respects to that involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351) and that the merchandise, consisting of “110 pieces of planed planks marked West King Berk West,” was not in fact imported. In accordance with stipulation of counsel and following the decision cited, it was held that duty is not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found. The protest was sustained to this extent.
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ORDER

Page - 1

UNITED STATES DISTRICT COURT W.D. OF WASHINGTON AT TACOMA

UNITED STATES OF AMERICA,

Plaintiff,

v.

ROBERT NAGEL,

Defendant.

Case No. CR06-5241FDB

INITIAL ORDER RE:

ALLEGATIONS OF

VIOLATION OF

CONDITIONS OF

SUPERVISION

THIS MATTER comes on for an initial hearing on the Petition of the United States Probation

Office alleging that the defendant has violated the conditions of supervision.

The plaintiff appears through Assistant United States Attorney, KENT LIU

The defendant appears personally and represented by counsel, JEROME KUH

The U.S. Probation Office has filed a petition alleging violations of the terms and conditions of

 supervision, and the defendant has been advised of the allegation(s).

The court finds probable cause with regard to the allegation(s) and schedules a hearing on the

 petition to be held at the time and date below set forth before Judge FRANKLIN D BURGESS.

Date of hearing: 2:00 P.M.

Time of hearing: JUNE 8, 2006

 IT IS ORDERED that the defendant:

( X ) Be released on the condition that he be in full compliance with the terms and conditions

of his supervised release. ( ) Be detained for failing to show that he/she will not flee or pose a danger to any other person

 or the community pursuant to CrR 32.1(a)(1), and CrR 46(c), to be delivered as ordered by

 the court for further proceedings.

The clerks shall direct copies of this order to counsel for the United States, to counsel for the

defendant, the United States Marshal and to the United States Probation Office and/or Pretrial Services

Office.

May 24, 2006.

_/s/ J. Kelley Arnold ______________ J. Kelley Arnold, U.S. Magistrate Judge

Case 3:06-cr-05241-BHS Document 10 Filed 05/24/06 Page 1 of 1