alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

James Edward Harrell

, * From the 104 th District Court

of Taylor County,

Trial Court No. 23429

- B

.

Vs. No. 11

- 2 2

- 00 26 1

- CR * January 4 , 20 2 4

The State of Texas

, * Memorand um Opinion by Trotter , J.

(P anel consists of: Bailey , C.J.,

Trotter , J. , and W illiams, J. )

This court has inspected the record in this cause and concludes that there is no

error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

the judgment of the trial court is in all things affirmed.
<PAGE>   1
                                             March 5, 1998

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549

         Re:      Viasoft, Inc. 1997 Equity Incentive Plan

Ladies and Gentlemen:

         I have acted as counsel to Viasoft, Inc., a Delaware corporation (the
"Company"), in connection with its Registration Statement on Form S-8 (the
"Registration Statement") filed under the Securities Act of 1933, as amended,
relating to the registration of 850,000 shares of the Company's Common Stock,
par value $.001 per share (the "Shares"), issuable pursuant to the Viasoft, Inc.
1997 Equity Incentive Plan (the "1997 Plan"). In connection with this
representation, I have examined such documents, corporate records and other
instruments as I have deemed necessary or appropriate for purposes of this
opinion.

         Based upon the foregoing, I am of the opinion that the Shares, when
issued and sold in accordance with the terms of the 1997 Plan, will be validly
issued, fully paid and nonassessable.

         As set forth in the Explanatory Note included in the Registration
Statement, the Registration Statement is also deemed to cover up to an
additional 1,167,758 shares of the Company's Common Stock available under the
Viasoft, Inc. 1994 Equity Incentive Plan (the "1994 Plan"), including (i) 28,446
shares of the Company's Common Stock registered but not issued in connection
with the 1994 Plan, and (ii) shares of the Company's Common Stock subject to
awards under the 1994 Plan that are forfeited, terminate, expire or lapse for
any reason.

         I hereby consent to the filing of this opinion as an exhibit to the
Registration Statement.

                                    Very truly yours,

                                    By:      /s/ Catherine R. Hardwick
                                             -------------------------
                                             Catherine R. Hardwick
                                             General Counsel

                                    EXHIBIT 5
Before the Third Division,

October 16, 1952

No. 56903.

#### Hudson Shipping Co., Inc., and Eastern Sausage & Provision Co., Inc., et al. *v.*United States,

protests 116633-K, etc. (New York).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of shredded or grated coconut meat, cooked in sugar sirup and packed in tins, a product of Cuba, similar in all material respects to that the subject of *Allied Food Corporation of America*v. *United States*(28 Cust. Ct. 222, C. D. 1412), certain items of the merchandise were held to be nonenumerated manufactured articles, dutiable at 20 percent under paragraph 1558, less the Cuban preferential of 20 percent. Other items entered or withdrawn from warehouse for consumption on or after January 1, 1948, were held dutiable at 16 percent under said paragraph 1558, as modified by the exclusive trade agreement with Cuba (T. D. 51819).
<PAGE>
                                                                    EXHIBIT 32.1

                               SHOPKO STORES, INC.


                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officer of ShopKo Stores,
Inc. (the "Company") certifies that, to his knowledge, the Quarterly Report on
Form 10-Q of the Company for the quarter ended July 30, 2005 fully complies with
the requirements of Section 13(a) or 15(d), as applicable, 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.



Dated: September 8, 2005
                                        SHOPKO STORES, INC.


                                                /s/ Brian W. Bender
                                        ----------------------------------
                                                Brian W. Bender
                                                Senior Vice President,
                                                Chief Financial Officer,
                                                Co-Chief Executive Officer*


         This certification accompanies this Quarterly Report on Form 10-Q
pursuant to Section 906 of the Sarbanes Oxley Act of 2002 and shall not be
deemed filed by the Company for purposes of the Securities Exchange Act of 1934.


* The office of Chief Executive Officer is comprised of three executive
officers, each serving as Co-Chief Executive Officer.

                                       32
No. 56279.

protest 176964-K (B) (New York).

#### Gaillet & Hartig Co., Inc. *v.*United States,

*369Opinion by

Olives, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
OFFICER'S
      CERTIFICATE




Re:
      LB-UBS Commercial Mortgage Trust 2005-C3





In
      accordance with Section 3.13 of the Pooling and Servicing Agreement, (the
“Agreement”), dated as of June 13, 2005 executed by and between Structured Asset
      Securities Corporation II, (as "Depositor"), Wells Fargo Bank National
      Association, (as “Master Servicer”), J.E. Robert Company, Inc., (as “Special
      Servicer”), LaSalle Bank National Association, (as “Trustee”), and ABN AMRO Bank
      N.V., (as “Fiscal Agent”) as authorized officer of the Master Servicer I certify
      that (i) a review of the activities of the Master Servicer during the preceding
      calendar year or portion thereof and of the performance of such Master Servicer
      under this Agreement has been made under such officer’s supervision, (ii) to the
      best of such officer’s knowledge, based on such review, such Master Servicer has
      fulfilled all its obligations under this Agreement in all material respects
      throughout such year, and (iii) the Master Servicer has received no notice
      regarding qualification, or challenging the status, of any REMIC pool as a
      REMIC
      or the Grantor Trust as a grantor trust, from the IRS or any other governmental
      agency or body.





Wells
      Fargo Bank, National Association


“Master
      Servicer”











/s/
      Margaret Gremore


Margaret
      Gremore


Vice
      President


Wells
      Fargo Bank, National Association


Commercial
      Mortgage
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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  of  BigString  Corporation  (the
"Company") on Form 10-KSB for the year ended  December 31, 2006 (the  "Report"),
I, Darin M. Myman,  President  and Chief  Executive  Officer of the Company,  do
hereby certify,  pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of
the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1)   the Report fully  complies with the  requirements  of ss.13(a) or 15(d) of
      the Securities Exchange Act of 1934, 15 U.S.C. ss.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.

Dated: March 29, 2007                      /s/ Darin M. Myman
                                           -------------------------------------
                                           Darin M. Myman
                                           President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>5
<CIK> 0000878748
<NAME> PolyMedica Industries, Inc.
<MULTIPLIER> 1,000
<CURRENCY> U.S. Dollars
       
<S> <C>
<PERIOD-TYPE> 3-MOS
<FISCAL-YEAR-END> MAR-31-1997
<PERIOD-START> APR-01-1996
<PERIOD-END> JUN-30-1996
<EXCHANGE-RATE> 1
<CASH>                                                                    19546
<SECURITIES>                                                                  0
<RECEIVABLES>                                                              2845
<ALLOWANCES>                                                                 82
<INVENTORY>                                                                4262
<CURRENT-ASSETS>                                                          27331
<PP&E>                                                                     9766
<DEPRECIATION>                                                           (3691)
<TOTAL-ASSETS>                                                            68843
<CURRENT-LIABILITIES>                                                      3560
<BONDS>                                                                   24422
<PREFERRED-MANDATORY>                                                         0
<PREFERRED>                                                                   0
<COMMON>                                                                     83
<OTHER-SE>                                                                40778
<TOTAL-LIABILITY-AND-EQUITY>                                              68843
<SALES>                                                                    4825
<TOTAL-REVENUES>                                                           4993
<CGS>                                                                      1827
<TOTAL-COSTS>                                                              1827
<OTHER-EXPENSES>                                                           2267
<LOSS-PROVISION>                                                              0
<INTEREST-EXPENSE>                                                          681
<INCOME-PRETAX>                                                             501
<INCOME-TAX>                                                                 15
<INCOME-CONTINUING>                                                         486
<DISCONTINUED>                                                                0
<EXTRAORDINARY>                                                               0
<CHANGES>                                                                     0
<NET-INCOME>                                                                486
<EPS-PRIMARY>                                                              0.06
<EPS-DILUTED>                                                              0.06
        

</TABLE>
No. 63993.

protest 59/1154 (New York).

#### Ecuadorian Panama Hat Co., Inc. (S. Stern Henry & Co.) *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of straw hats similar in all material respects to those the subject of *Pollak Industrial Corp. et al. v. United States*(40 Cust. Ct. 251, C.D. 1991), the claim of the plaintiff was sustained.
106TH CONGRESS

1ST SESSION H. J. RES. 71

JOINT RESOLUTION

Making further continuing appropriations for the

fiscal year 2000, and for other purposes.
106TH CONGRESS

1ST SESSION H. J. RES. 71

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

2000, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That section 106(c) of Public Law 106–62 is amended by

4 striking ‘‘October 21, 1999’’ and inserting in lieu thereof
2

•HJ 71 EH

1 ‘‘October 29, 1999’’. Notwithstanding section 106 of Pub2 lic Law 106–62, funds shall be available and obligations

3 for mandatory payments due on or about November 1,

4 1999, may continue to be made.

Passed the House of Representatives October 19,

1999.

Attest:

Clerk.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. B R A U L IO R IV E R A -A N D R A C A , a. k. a. Jorge P er ez -O rt i z, D e f

e n d an t - A p p e llan t. N o. 09- 10165 D . C . N o . 2 : 0 9 -cr-0 0 0 8 0 -F JM ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona F r e de r i c k J . M art one , D i s tr i c tJudge , P r e s i di ng

S ubm i tt e d A pr i l 20, 2011 ** B efo re: R Y M E R , T H O M A S , an dP A E Z , C i rcu i tJu d g es. B raul i o R i vera -A nd ra caappeal s f orm the 22 -m on th sent ence i m po se d f o llo w in g h is g u ilty - p le ac o n v ic tio n f o rille g a l r e - e n trya f

te rd e p o rta tio n , in vi ol a t i on of

8 U . S . C . § 1326( a ) . P ur s uantt o A n de rs v . Ca lifo rn ia , 386 U . S . 738 

# FI LED APR28 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 10165 2 ( 1967) , R i ve r a - A ndr a c a ’ s c ouns e l ha s f i l e d abr i e f

s t a t i ng the r e ar e no gr ounds f or re l i ef , al on g w i th a m ot i on t o w i thd raw as coun se l of re cord. W e have provi ded th e ap p el l an tw i th th e o p p o rtu n i ty t o fi l e a p ro se sup p l em en t al b ri ef. N o p ro se s uppl e m e nt a l br i e f

orans w e r i ng br i e f

ha s be e n f

i l e d. O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 7 5 , 8 0 - 8 1 ( 1 9 8 8 ) , d is c lo s e s n o ar g u ab le g r o u n d s f o rr e lie f o n d ir e c t ap p e a l. A cco rd i n g l y, co u n sel ’ s m o t i o n t o w i th d raw i s G R A N TED , and the di stri ct co u rt ’ s j u d g m en ti s A FFI R M ED .
No. 58394.

protests 188955-K, etc. (New York).

#### I. J. Nethe & Co. et al. *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of veils similar in all material respects to those the subject of Abstract 57645, the claim of the plaintiffs was sustained.
EXHIBIT 5

                      OPINION OF RICHARD C. RUBEN, ESQUIRE


<PAGE>





                            WAYPOINT FINANCIAL CORP.
                                LEGAL DEPARTMENT



December 18, 2001

Board of Directors
Waypoint Financial Corp.
235 North Second Street
Harrisburg, PA  17101

         RE:      WAYPOINT FINANCIAL CORP.
                  REGISTRATION STATEMENT ON FORM S-8
                  ----------------------------------

Ladies and Gentlemen:

        Reference is made to your Registration Statement on Form S-8 (the
"Registration Statement") to be filed with the Securities and Exchange
Commission regarding registration of 794,000 shares of Waypoint Financial Corp.
(the "Company") common stock, par value $.01 per share (the "Common Stock"),
pursuant to the Waypoint Financial Corp. Key Employee/Outside Director
Recognition and Retention Plan (the "Plan"). I have reviewed the Company's
Articles of Incorporation, By-laws, the records of proceedings of its
stockholders and directors, the Registration Statement and applicable statutes
and regulations governing the Company and the offer and sale of the Common
Stock.

        Based on the foregoing, I am of the following opinion:

        Upon the effectiveness of the Form S-8, the Common Stock, when issued in
        connection with the Plan, will be legally issued, fully paid and
        non-assessable.

        This opinion has been prepared solely for the use of the Company in
connection with the preparation and filing of the Form S-8, and should not be
used for any other purpose or relied upon by any other person without my prior
written consent. I hereby consent to the filing of this opinion as an Exhibit to
the Form S-8. In giving such consent I do not admit that I am an expert within
the meaning of Section 7 of the Securities Act of 1933.

                                               Very truly yours,



                                               /s/ Richard C. Ruben
                                               --------------------------------
                                               Richard C. Ruben, Esquire
                                               Executive Vice President
                                               Chief Legal Officer


<PAGE>
Order entered January 20, 2021

In The 

### Court of Appeals **Fifth District of Texas at Dallas**
No. 05

- 20

- 01110

- CR DONALD WAYNE OWENS, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the 397t h Judicial District Court Grayson County, Texas Trial Court Cause No. 070234
O RDER
We REINSTATE this ap peal. We abated for the appoi ntment of counsel. On January 14, 2021, a reporter ’s record from that hearing was filed and the following day, the trial co urt ’s findings
of fact were filed. We ADOPT the trial court ’s findings that appellant is indigent
and entitled to c ourt

- ap pointed counsel in th is appeal

. We DIRECT the Clerk to
list G arland Cardw ell as appointed counse l for appellant

. All future
correspon dence shall be sent to Mr. Cardwell at the address on file with the Court

.The clerk ’ s and reporter ’ s record s are due February 15, 2021.
W e DIRECT the C lerk to send copie s of this order to t he Honorable Brian Gary , Presiding Judge, 397th Judicial District Court ; to Kelly Ashmore, Grayson County District Clerk; to Paula Thomas, official court reporter, 397th Judicial
District Court ; to Donald Wayne Owens, TDCJ # 02333367 , Hutchins Unit , 1500 E. Langdon Rd. , Dallas, TX 75241 ; and to counsel for all parties.

/ s/ ROBERT D. BURNS, III CHIEF JUSTICE
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-7096

LAWRENCE L. CRAWFORD, a/k/a Jonah The Tishbite, a/k/a Gabriel Jahjah T. 

Tishbite, a/k/a, John Gabriel Jahjah Tishbite,

Movant - Appellant,

and

RON SANTA MCCRAY,

Petitioner,

v.

WARDEN OF LIEBER CORRECTIONAL INSTITUTION,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Aiken. 

Terry L. Wooten, Senior District Judge; Shiva Vafai Hodges, Magistrate Judge. (1:22-cv01204-TLW-SVH)

Submitted: April 20, 2023 Decided: April 24, 2023

Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Remanded by unpublished per curiam opinion.

USCA4 Appeal: 22-7096 Doc: 23 Filed: 04/24/2023 Pg: 1 of 3
2

Lawrence Crawford, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7096 Doc: 23 Filed: 04/24/2023 Pg: 2 of 3
3

PER CURIAM:

Lawrence L. Crawford seeks to appeal the magistrate judge’s order denying his 

motion to intervene in the underlying habeas action and he has filed a motion to supplement 

the appeal. The magistrate judge entered the dismissal order on May 6, 2022. Affording 

Crawford the benefit of Fed. R. App. P. 4(c) and Houston v. Lack, 487 U.S. 266 (1988), 

the earliest date his notice of appeal may be deemed filed is September 14, 2022, beyond 

both the 30-day appeal period under Fed. R. App. P. 4(a)(1)(A), and the 30-day excusable 

neglect period allowed under Fed. R. App. P. 4(a)(5). See Shah v. Hutto, 722 F.2d 1167, 

1168-69 (4th Cir. 1983).

However, because Crawford’s notice of appeal suggests that Crawford did not 

timely receive notice of the denial of his motion to intervene, we construe the notice of 

appeal as a motion to reopen the appeal period under Fed. R. App. P. 4(a)(6), compare 

United States v. Feuver, 236 F.3d 725, 729 & n.7 (D.C. Cir. 2001), and remand this case 

to the district court for the limited purpose of determining whether Crawford can satisfy 

the requirements for reopening set forth in Rule 4(a)(6).∗

 The record, as supplemented, 

will then be returned to this court for further consideration. We defer action on Crawford’s 

motion to supplement.

REMANDED

∗ We express no opinion as to whether Crawford is entitled to a reopening of the 

appeal period and leave that determination to the district court in the first instance.

USCA4 Appeal: 22-7096 Doc: 23 Filed: 04/24/2023 Pg: 3 of 3
No. 52081.

protests 514589-G, etc. (New York).

#### H. S. Caesar & Co. *v.*United States,

Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim of the plaintiff was therefore sustained.
No. 66187.

#### Arnart Imports, Inc., and Charles Sadek Import Co., Inc. *v.*United States,

protests 61/3473 and 61/2706 (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of figures similar in all material respects to those passed upon in *Wm. S. Pitcairn Corp.*v. *United States*(39 C.C.P.A. 15, C.A.D. 458), the claim of the plaintiffs was sustained.
Eighteen Senators (5 Ds; 13 Rs) signed the foregoing Nelson - Chambliss to EPA on the 316(b) NODAs,

which was transmitted on August 6. Signers included : Ben Nelson (D - NE) Chambliss (R - GA) Pryor (D -AR) Alexander (R -TN) Isakson (R - GA) Crapo (R - ID) Blunt (R - MO) Roberts (R - KS) Boozman (R -AR) Cochran (R - MS) Wicker (R - MS) McCaskill (D - MO) Coats (R - IN) Landrieu (D - LA) Toomey (R - PA) Johanns (R - NE) Warner (D -VA) Marco Rubio (R - FL )
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

John Elie LeBlanc, Appellant

No. 06

- 19

- 00152

- CR v. The State of Texas, Appellee Appeal from the 188th District Court of Gregg County, Texas (Tr. Ct. No. 45834

- A ). Memorandum Opinion delivered by Ju stice Stevens, Chief Justice Morriss and Justice Burgess participating.
As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment by changing the assessment of attorney fees to $476.00 and changing the fine to $0.00

. W e modify the certified bill of costs by changing the amount for “Attorney Fee” to $476.00, by changing the amount for “Fine” to $0.00, and by changing the amount for “Total Costs” to $940.00. As modified, the judgment of
the trial court is affirmed. We note that the appellant, John Elie LeBlanc, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MAR CH 26, 2020 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk