alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued August 13, 2019

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-19-00454-CV

———————————

IN RE BESTEX MANAGEMENT COMPANY, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Bestex Management Company, LLC, has filed a petition for a writ of 

mandamus challenging the trial court’s order granting a motion to compel third-party 

discovery from relator.1 Relator, representing that the real parties in interest, Raju 

 

1 The underlying case is Raju Patel and Arun Parikh v. Vishu T. Bhambhani, 

Individually and as President and Managing Partner of Corsicana Hospitality, Inc., 

et al., Cause No. 2016-27193, in the 11th District Court of Harris County, Texas, 

the Honorable Kristen Brauchle Hawkins presiding.
2

Patel and Arun Parikh, have “nonsuited all causes of action to which the relief sought 

in [relator’s] petition for mandamus might apply,” has filed a motion requesting that 

we dismiss the petition without prejudice.

We grant the motion and dismiss the petition without prejudice. And we 

dismiss relator’s request for emergency relief as moot.

PER CURIAM

Panel consists of Justices Lloyd, Landau, and Countiss.
## F IFTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ C ase No. 5D 2 022

- 2942 LT Case No. 2018

- CF

- 000404

_____________________________ I AN B RYCE D AVIS , A ppellant,

v. S TATE OF F LORIDA , A ppellee.

_____________________________
On a ppeal f

rom th e Circuit Court for Flagler County

. Terenc e R. Perkins, Judge

. Matthew J. Me tz, Pub lic De fende r, and Kathryn Ro llison Radtke, Assistan t Pub lic De fende r, Daytona Beach, for Appellant. Ashley Moody, Attorne y General, T allahassee, an d Deborah Chance , Assistan t Attorney Genera l, Daytona Beach, for Appellee. Jul y 1 9 , 2 024

P ER C URIAM

. A FFIRMED

. E ISNAUGLE and B OATWRIGHT , JJ., concur . L AMBERT , J., concu rs specially , with opinion

.2 _____________________________ N ot final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331
.

_____________________________3 Case No. 5D 2022

- 2942 LT Case No. 2018

- CF

- 000404
L AMBERT , J., concurring specially with opinion

. Ia n Bryce Davis was found by the trial court after a revocation of probation evidentiary hearing to have violated his probation. The court revoked hi s probation and sentenced Davis to prison. The majority has voted to affirm the revocation of probation a nd the resulting judgment and sentence, with which I concur. T he order of revocation of probation does, however, inadvertently contain errors as it lists condition s of probation that the court found had not been willfully violated, as well as a condition that the court did not announce as having been violated. However, because these errors have not been preserved for appellate review by raising this specific issue in a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error, the revocation order is properly affirmed. See Simmons v. State , 357 So. 3d 790, 792 (Fla. 5th DCA 2023) (Lambert, J., concurring).
Exhibit 32a

Certification Pursuant to Section 1350 of Chapter 63 of Title 18of the United States Code

I, Thomas M. OFlynn, Chief Executive Officer of PSE&G Transition Funding II LLC, to the best of my knowledge, certify that (i) the Annual Report of PSE&G Transition Funding II LLC on Form 10-K for the year
ended December 31, 2006 (the "Periodic Report") 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 the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of PSE&G Transition Funding II LLC.

| | /s/ | THOMASM. OFLYNN        | 
| | --- | ----------------------- | 
| |     | Thomas M. OFlynn      
| |     | Chief Executive Officer
| |     | March 14, 2007         

---
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-41025

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DOUGLAS RAY STEVENS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-93-CR-115-1

- - - - - - - - - -

August 30, 1996

Before DAVIS, EMILIO M. GARZA and PARKER, Circuit Judges.

PER CURIAM:*

Douglas Ray Stevens appeals his convictions of possession of

a firearm by a convicted felon and possession of a firearm by a

fugitive. Stevens contends that the district court erred by

refusing to admit evidence of a polygraph examination he took and

that the district court erred by denying his motion to sever the

charges into different counts for the two different weapons he

was alleged to have possessed.
No. 95-41025

- 2 -

The rejection of the polygraph evidence was not an abuse of

discretion. The questions asked during the procedure were of

marginal relevance; the modification of one of the more relevant

questions was questionable; and the defense refused to allow the

Government to participate effectively in the polygraph procedure. 

See United States v. Pettigrew, 77 F.3d 1500, 1514-15 (5th Cir.

1996); United States v. Posado, 57 F.3d 428, 432 (5th Cir. 1995).

The denial of Stevens’s severance motion was not an abuse of

discretion. See United States v. Holloway, 1 F.3d 307, 310 (5th

Cir. 1993). First, Stevens’s allegation that the Government

produced no evidence of possession of one of the two revolvers

alleged in the superseding indictment is without a factual basis. 

Second, the district court’s jury instruction was sufficient to

cure any prejudice resulting from any misjoinder of charges. See

United States v. Bullock, 71 F.3d 171, 175 (5th Cir. 1995), cert.

denied, 116 S. Ct. 1365 (1996).

AFFIRMED.
No. 66681.

#### The Fulton Supply Co., Inc. *v.*United States,

protest 60/7962 (New York).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of nylon fishing nets similar in all material respects to those the subject of Abstract 63947, the claim of the plaintiff was sustained.
March 12, 1953

No. 57155.

Suit 4767.

#### United States *v.*Kung Chen Fur Corp.

C. D. 1480. (Appeal dismissed March 6, 1953.)
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 82 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. J. RES. 82

Making further continuing appropriations for the fiscal year 2000, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1999

 Mr. Young of Florida introduced the following joint resolution; which 
            was referred to the Committee on Appropriations

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2000, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-62 is 
further amended by striking ``November 18, 1999'' in section 106(c) and 
inserting in lieu thereof ``November 23, 1999''. Public Law 106-46 is 
amended by striking ``November 18, 1999'' and inserting in lieu thereof 
``November 23, 1999''.
                                 <all>
```
**b**

**.**

**. OFFICE**  **OF THE**  **ATTORNEY GENERAL**  **OF TEXAS**  **1 AUSTIN**  **BNNM.N 0.**  **MANN --**  Honorable Clyde Barton oountyAuditor L-f.7 pg'
, 

### mar Sir:

roqua8tlng the ted quutlon ha8
to ~oney8a 

### aoeouut underTit1 artiolea

### a8 amend0 **8iOn. ht8**  **1941.** auume that you the lateral road

Annotated Civil **Statuter,** hlah **raid fund**  **&say**

### be **ex ring**  **the** fund. Said **rtatute iOlWl** **’ 8**  aourt of any aounty to hereof in War Saving8 Bond8. (0)proYlde8r
official aapacity or othmtlre, to we any laoneg **out** of the lateral road account for any pUrpO8e exoept the purpo8es enumerated in this Aot. If Sny COUnty **jUdgS Ol** **’ alQf**  COUnty UOE4Uli58io~r 8ha11 Imovingly expend 

### or &se, or vote for the u8e or **agree t0**  expend **or ~861**  **any rum**  Of **money a@OrUiXig**  to any COUnty in thl8 8tate frollr the titel'aliionorable ClydeBarton, page 2 road aoaount8, for any purpo80not authorized by thin Aat, Or 8ha11 knovlnglymake 8ny faire **8t8te5ellt concerning**  **the expenditure**  of any 8uchmoney, he 8h811 be deemedguilty Of a felony and upon Conviction rhall be puni8hed by aonflnement in the State Penitentiary for not 1088 than tvo (2) year8 

### nornor0 than five (5) T-8.” In view of the foregoing rtatute8Ye relrpeotftily anuer the above rtated quertlon in the negative.

Truatlng that the foregoing fully an8ver8 your ln

### uulry,ve are **very truly**  **yOUI**

Ali:db
No. 60676.

#### William Barnet & Son, Inc. *v.*United States,

protest 273521-K (New York).

Opinion by

Wilson, J.

The protest was dismissed.
Exhibit 32.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual report on Form 10K of ATEL Cash  Distribution Fund
IX, LP, (the "Company") for the period ended December 31, 2003 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  and
pursuant  to  18  U.S.C.   ss.1350,   as  adopted  pursuant  to  ss.906  of  the
Sarbanes-Oxley  Act of 2002, I, Paritosh K. Choksi,  Chief Financial  Officer of
ATEL Financial  Services,  LLC,  managing member of the Company,  hereby certify
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.

Date:          3/26/2004



/s/ Paritosh K. Choksi
---------------------------
Paritosh K. Choksi
Executive Vice President of General
Partner, Principal financial officer of registrant
SI 0-100304-051 

/ 

OF";~''iS"ORD COMTROLNO. 

ITHACA 

TOMPKINS REGIONAL 

AIRPORT 

The Honorable Ray LaHood 

Secretary 

United States Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 25 February 2010 

Subject: Haneda Combination Services Allocation Proceeding DOT-OST-2010-0018 

Dear Secretary LaHood: 

I support the Continental Airlines application to provide daily nonstop service between New 

York/Newark and Tokyo Haneda airport and connecting service between Ithaca, New York and Tokyo 

Haneda via an easy connection through Continental's Newark Liberty hub. New air service to Haneda, 

which is scheduled to begin later this year, is made possible by the wide ranging open skies agreement 

with Japan achieved by your Department, i applaud your efforts on the historic open skies agreement 

and now urge you to select Continental to provide this nonstop daily service linking the U.S.'s financial 

and commercial center at New York/Newark with Tokyo's central/downtown airport. 

Continental's Liberty- Haneda service would provide a critical link between two of the world's largest 

economies, and help boost trade and commerce between Tokyo and points all along the east coast of 

the U.S. Additionally, Continental's service at Liberty is the closest, most convenient airport to 

downtown New York City, and as the only true hub in the NYC metropolitan area, is the only gateway 

access from this region that also provides Ithaca with an easy, same-airline connection to Haneda, 

benefiting our local economy as regional incomes are enhanced and trade expands. 

Continental Airlines is committed to the Asian region and to nonstop Tokyo Haneda service. The New 

York/Newark economy, the U.S. consumers in upstate New York and along the U.S. east coast, and the 

airline's thousands of employees will benefit from Continental's proposed service and will work together 

to make Liberty International Airport- Haneda service a real success. 

For the benefits above, including those here in Ithaca, New York, I urge you to award Tokyo Haneda 

riahts to Continental Airlines and my region of the U.S. 

Sitiqerely, 

Robfert A. Nich r, Ithaca Tompkins Regional Airport
Before the *First Division,*

June 9, 1964

No. 68617.

protest 61/16623 (San Francisco).

#### W. J. Byrnes *&*Co., Inc. *v.*United States,

Oliver, Chief Judge:

This case was the subject of decision in *W. J. Byrnes & Co., Inc.*v. *United States,*50 Cust. Ct. 249, Abstract 67546, wherein we overruled the protest for insufficient proof. On motion of defendant, motion for rehearing was granted. *W. J. Byrnes & Co., Inc.*v. *United States,*50 Cust. Ct. 341, Abstract 67850.

At the hearing pursuant to the order granting rehearing, counsel for the respective parties submitted the case on an agreed set of facts showing that the merchandise, described on the invoice as “art. birds w/feathers,” to which the protest is limited, is properly classifiable under the provision in paragraph 1539(b) of the Tariff Act of 1930, as modified by T.D. 54108, for manufactures wholly or in chief value of a product of which a synthetic resin or resinlike substance is the chief binding agent, with a dutiable assessment at the rate of 21 cents per pound and 17 per centum ad valorem, as claimed by plaintiff, rather than at the rate of 50 per centum ad valorem under paragraph 1518 of the Tariff Act of 1930, as assessed by the collector.

The protest is sustained and an order will issue directing assessment of duty on the item in question, as hereinabove identified, at 21 cents per pound and 17 per centum ad valorem, under said modified paragraph 1539(b), with duty amounting to $60.40, and allowance to plaintiff of $59.46, as shown by the official papers and as agreed to by counsel for the respective parties. Judgment will be rendered accordingly.
No. 64003.

protests 153408-K, etc. (Cleveland).

#### Carillon Importers, Ltd., et al. *v.*United States,

Opinion by

Richardson, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *R. C. Williams & Co., Inc.*(40 C.C.P.A. 130, C.A.D. 508), and *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C.D. 1155), the claim of the plaintiffs was sustained.
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Page 75563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24297]


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

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Performance Review Board (PRB)

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Notice.

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

SUMMARY: Appointment of individuals to serve as members of the 
Performance Review Board.

DATES: Applicable Date: These appointments are effective on November 
15, 2023.

FOR FURTHER INFORMATION CONTACT: Kelvin R. Wood, Chief of Staff, U.S. 
AbilityOne Commission; <a href="/cdn-cgi/l/email-protection#5e352931313a1e3f3c3732372a2731303b70393128"><span class="__cf_email__" data-cfemail="7f140810101b3f1e1d1613160b0610111a51181009">[email protected]</span></a>; 202-809-3967.

SUPPLEMENTARY INFORMATION: The Chairperson of the Committee for 
Purchase From People Who Are Blind or Severely Disabled, operating as 
the U.S. AbilityOne Commission, has appointed the following individuals 
to serve on the Commission's Performance Review Board (PRB):

Chairperson of the PRB: Jeffrey A. Koses
Member--Jennifer Sheehy
Member--Robert Hogue
Member--Malcom Shorter

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.
    Authority: This notice is published in the Federal Register 
pursuant to the requirement of 5 U.S.C. 4314(c)(4).

Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2023-24297 Filed 11-2-23; 8:45 am]
BILLING CODE 6353-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I, David
Wu, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Dragon
International Group Corp. on Form 10-Q for the period ended March 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report on
Form 10-Q fairly presents in all material respects the financial condition and
results of operations of Dragon International Group Corp.







DRAGON
      INTERNATIONAL GROUP CORP.May
      19, 2009
                  By:
                  /s/ David
      WuDavid
      WuChief
      Executive Officer(Principal
      Executive Officer)




[A signed
original of this written statement required by Section 906 has been provided to
Dragon International Group Corp. and will be retained by Dragon International
Group Corp. and furnished to the United States Securities and Exchange
Commission or its staff upon request.]
No. 51858.

#### R. H. Macy & Co. et al. *v.*United States,

protests 129820-K, etc. (New York).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
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 Amendment No. 1 to the Annual Report of Chisen Electric Corporation (the “Company”) on Form 10-K for the year ended March 31, 2010 as filed with the U.S. Securities and Exchange Commission on the date hereof (the “ Report ” ), the undersigned hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:





1.           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and


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





Date: February 28, 2011
By:
/s/ Xu KechengName:
Xu KechengTitle:
President, Chief Executive Officer andPrincipalExecutive Officer





A signed original of this written statement required by Section 906, or other document authentications, 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 Chisen Electric Corporation will be retained by Chisen Electric Corporation and furnished to the U.S. Securities and Exchange Commission or its staff upon request.
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 Quarterly Report of Form 10-QSB of INSCI Corp. (the
"Company") for the quarterly period December 31, 2003 (the "Report"), Henry F.
Nelson, President and Chief Executive Officer of the Company hereby certifies,
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.



Date:  February 12, 2004


/S/ HENRY F. NELSON
----------------------------------------
Henry F. Nelson
Chief Executive Officer, President and Chief Financial Officer



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 INSCI Corp. and will be retained
by INSCI Corp. and furnished to the Securities and Exchange Commission or its
staff upon request.






                                      -33-
<PAGE>