alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

October 27, 2014

No. 04

- 14

- 00730

- CV

IN RE Gilbert L. MATHEWS and Lucifer Lighting Company

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Justice

Rebeca C. Martinez, Justice

Lu z Elena D. Chapa, Justice

On October 20, 2014, relators filed a petition for writ of mandamus. This court is of the

opinion that a serious question concerning the mandamus relief sought requires further

consideration. See T EX

. R. A P P

. P. 52.8(b). The respondent and the real party in interest may

file a response to the petition in this court no later than November 10, 2014. Any such

response must conform to Texas Rule of Appellate Procedure 52.4.

It is so ORDERED on October 27 th , 2014. PER CURIAM

ATTESTED TO: _____________________________

Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2014

- CI

- 13779, styled In re Petition of: Stephen Lang Requesting

Deposition of Gilbert L. Mathews , pending in the 224th Judicial District Court, Bexar County, Texas, the Honorable

Janet P. Littlejohn presiding.
Bureau of the Fiscal Service

1

OTCnet Printable Job Aid

Add an Endpoint/Role for a User in OTCnet

To add an endpoint/role for OTCnet User, complete the following steps:

1. From the OTCnet Home page>Administration>Manage Users>Manage OTCnet Users

screen, select the Search User Directory button. 

2. In the search field, type user email address.

3. Under Manage User Account, select View Account for the desired user as shown in 

Figure 1. 

Figure 1: Search User Directory Screen 

4. The Manage User Account screen displays as shown in Figure 2.

5. Review the read-only information including the current endpoint/role assignments listed for 

the user. Select the Add Endpoint/Role button. 

Figure 2: Manage User Account Screen 

6. The Add Endpoint/Role screen displays as show in Figure 3. 

7. Select a role from the Choose a Role dropdown choosing from the options provisioned for 

the specific OTCnet user. 
Bureau of the Fiscal Service

2

OTCnet Printable Job Aid

8. Then select the associated level(s) from the dropdown options (each one is based on the 

previous selection and may be prepopulated). There can be many levels to select 

depending on the HLO/endpoint hierarchy. 

9. As needed, add another role by selecting the Add Role button to select a different role. 

Once you select a role, it will be added to the Selected Role at Endpoint field as illustrated in 

Figure 3.

You can select up to 10 roles per request. After 10 role additions, the Add Role button 

is disabled. To add additional roles, you must repeat the process by submitting a new 

request.

Figure 3: Add Endpoint/Role Screen 

10. When you selected all roles needed, select the Submit button to submit your request. 

11. The confirmation page after submitting an endpoint/role request and it is awaiting approval 

appears as shown in Figure 4. 

12. Select the OK button to return to the Manage OTCnet Users screen. 

Application Tip
Bureau of the Fiscal Service

3

OTCnet Printable Job Aid

Figure 4: Confirmation Screen on Adding Endpoint/Role Request Submitted 

You will be notified via e-mail when the request is approved or rejected by another 

PLSA/LSA.

Application Tip
----

Interest rate applied by the European Central Bank to its main refinancing operations (1):

3,30 % on 1 November 2006

Euro exchange rates (2)

3 November 2006

(2006/C 268/01)

1 euro= 

----

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)

Source: reference exchange rate published by the ECB.

----
AXEDA SYSTEMS INC.



Exhibit 32.1 Certification of Chief Executive Officer and Chief Financial Officer required pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and furnished herewith pursuant to SEC Release No. 33-8238



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 Axeda Systems Inc. (the Company) on Form 10-Q for
the quarterly period ended June 30, 2005, as filed with the Securities and Exchange Commission on August 22, 2005 (the Report), the undersigned, Robert M. Russell Jr., Chairman of the Board and Chief Executive Officer of the Company and Karen F.
Kupferberg, Executive Vice President, Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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 operations of the Company.



|    |  |                                      
|--- |  | -------------------------------------
|By: |  | /s/ Robert M. Russell Jr.            
|    |  | Robert M. Russell Jr.                
|    |  | Chairman of the Board and            
|    |  | Chief Executive Officer              
|    |  | August 22, 2005                      
|    | 
|By: |  | /s/ Karen F. Kupferberg              
|    |  | Karen F. Kupferberg                  
|    |  | Executive Vice President,            
|    |  | Chief Financial Officer and Treasurer
|    |  | August 22, 2005                      



This certification is made solely for
the purposes of 18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not for any other purpose. A signed original of this written statement required by Section 906 has been provided to Axeda Systems Inc. and will be
retained by Axeda Systems Inc. and furnished to the Securities and Exchange Commission or its staff upon request
August 8, 2016

Mr. Pat Haberman

Brewster Fresh Produce

16556 Wass Avenue

Brewster, MN 56119

Re: FAA–2016–4931

Dear Mr. Haberman:

This letter is to provide notification that we have reviewed your petition for exemption, and 

have determined that we will continue to process your petition. 

As referenced in the June 22, 2016, letter posted to your docket at www.regulations.gov, we 

are reviewing pending Section 333 petitions to determine if the recently-issued regulation, 

Operation and Certification of Small Unmanned Aircraft Systems, Title 14, Code of Federal 

Regulations, Part 107 (www.faa.gov/uas) will satisfy your request. We have determined that 

your request requires further regulatory relief (Tier 3), and we will continue working on your 

petition for exemption. 

We have found that your petition, if granted, would set a precedent. Therefore, we will 

publish a summary of your petition in the Federal Register for public comments, if we have 

not done so already.

We will advise you of the agency’s final decision on your petition as soon as possible. If you 

have any questions regarding your petition, please contact me at 333exemptions@faa.gov. 

Sincerely,

/s/

Brenda Robeson

Program Analyst
CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 4/4/2023 1

Disqualification as an Independent Candidate 

for Voting in a Primary Election 

McClure v. Galvin 

(Richard G. Stearns, D. Mass. 1:04-cv-10826) 

An attorney and would-be candidate for state senate filed a pro se 

federal complaint alleging that he was improperly denied a place on 

the ballot as an independent candidate because he had voted in a 

primary election. Three weeks later, the court denied the plaintiff 

injunctive relief because of a Supreme Court precedent upholding a 

party disaffiliation requirement. 

Subject: Getting on the ballot. Topics: Getting on the ballot; pro 

se party; primary election. 

An attorney and would-be candidate for state senate and another voter—his 

wife—filed a pro se federal complaint in the District of Massachusetts on 

April 26, 2004, alleging that the candidate was improperly denied a place on 

the November ballot as an independent candidate because he had voted in 

the March 2 Democratic primary.1 With their complaint, the plaintiffs filed a 

motion for a preliminary injunction.2

Two days later, Judge Richard G. Stearns set the matter for hearing on 

May 11.3

 Six days after the hearing, Judge Stearns denied the plaintiffs injunctive relief.4

 Relief in the action was precluded by the Supreme Court’s 

1974 upholding of California’s party disaffiliation requirement in Storer v. 

Brown.

5

 The court of appeals affirmed Judge Stearns’s ruling on October 8.6

1. Complaint, McClure v. Galvin, No. 1:04-cv-10826 (D. Mass. Apr. 26, 2004), D.E. 1; 

McClure v. Galvin, 386 F.3d 36, 37, 40 (1st Cir. 2004). 

2. Preliminary-Injunction Motion, McClure, No. 1:04-cv-10826 (D. Mass. Apr. 26, 2004), 

D.E. 2. 

3. Docket Sheet, id. (Apr. 26, 2004). 

4. Opinion, id. (May 17, 2004), D.E. 9 [hereinafter D. Mass. Opinion], 2004 WL 1092325; 

McClure, 386 F.3d at 38, 40. 

5. D. Mass. Opinion, supra note 4; see Storer v. Brown, 415 U.S. 724, 728 (1974) (finding 

constitutional the disqualification of independent candidates who had been affiliated with a 

political party within a year before the party primary election). 

6. McClure, 386 F.3d 36.
* 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. 96-40444 Conference Calendar

ALFRED NEAL, Plaintiff-Appellant,

versus KENNETH SEBERT McCANN, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-689

- - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * Alfred Neal, TDCJ #677631, appeals the dismissal of his civil-rights action following a bench trial before a magistrate judge. Neal contends that Officer Kenneth McCann used excessive force against him and that prison officials did not follow prison regulations when punishing him. We have reviewed the record and the briefs of the parties and we find no nonfrivolous contentions. We find Neal’sNo. 96-40444 - 2 - excessive-force contention frivolous for essentially the reasons relied upon by the magistrate judge. See Neal v. McCann , No. 95- CV-689 (E.D. Tex. Apr. 10, 1996). Neal can show no plain error regarding his contention, raised for the first time on appeal, that prison officials did not follow their own regulations when punishing him. Failure of prison officials to follow their own regulations does not give rise to a constitutional error. Hernandez v. Estelle , 788 F.2d 1154, 1158 (5th Cir. 1986); see Douglass v. United Servs. Auto. Ass’n , 79 F.3d 1415, 1428 (5th Cir. 1996)(en banc). This appeal is frivolous. We caution Neal that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Neal is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED. 5 TH C IR . R . 42.2. SANCTIONS WARNING ISSUED.
No. 52264.

protests 106393-K, etc. (Los Angeles).

#### Acme Distributing Co. et al. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
<PAGE>

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 Championship Auto Racing Teams, Inc.
(the "Company") on Form 10-Q for the quarter ending March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Christopher R. Pook, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

      (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.

/s/ Christopher R. Pook

Christopher R. Pook
Chief Executive Officer
August 24, 2004

A signed original of this written statement required by Section 906 has been
provided to Championship Auto Racing Teams, Inc. and will be retained by
Championship Auto Racing Teams, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Part 1, Section II: Accounts and Definitions

The account descriptions provide basic information about each USSGL account,

including:

 Account Title

 Account Number

 Normal Balance of the Account (Debit or Credit)

 Account Definition

Page 1 of 1
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

RAY LYNN,

Plaintiff, No. CIV S- 04-0543 LKK GGH P

vs.

ARGRO, et al.,

Defendants. ORDER

 /

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §

1983. This court sent an order to King Hall Civil Rights Clinic, directing the clinic to review this

case in order to determine whether they found it appropriate for their appointment as counsel. 

See Order filed on August 10, 2005. The Clinic has failed to respond within the time set forth by

the order. Plaintiff must proceed in this action pro se, as he was cautioned might be necessary, as

it appears volunteer counsel is not obtainable in this action. The Clerk of the Court is directed to

serve a copy of this order upon Carter White at King Hall Civil Rights Clinic.

IT IS SO ORDERED.

DATED: 10/24/05 /s/ Gregory G. Hollows

 

GREGORY G. HOLLOWS 

 UNITED STATES MAGISTRATE JUDGE

GGH:009/lynn0543.ord

Case 2:04-cv-00543-LKK -GGH Document 44 Filed 10/25/05 Page 1 of 1
J

- A28030

- 17

NON
- PRECEDENTIAL DECISION
- SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: L.D.T., A MINOR

APPEAL OF: W.T., FATHER AND J.M., MOTHER : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1878 EDA 2017 Appeal from the Order Entered May 16, 2017 In the Court of Common Pleas of Monroe County Civil Division at No(s): 14 OCA 2017

BEFORE: GANTMAN, P.J., PANELLA, J., and DUBOW, J.
JUDGMENT ORDER BY PANELLA, J. FILED DECEMBER 21, 2017
W.T. (“Father”) and J.M. (“Mother”) (collectively, “Appellants”) appeal

from the May 16, 2017 order involuntarily terminating their parental rights to
L.D.T., a female, born in November 2015 , pursuant to 23 Pa.C.S. A

. §
2511(a)(1), (2), (8), and (b)

. We affirm.
In the statement of questions involved in their brief , Appellants state the following iss ues : (1) “Whether Children and Youth fail[ed] to present clear
and convincing evidence that termination of [F]ather[’s] and [M]other’s
parental rights served the needs and interest of . . . L.D.T. ?” ; and (2) “Did the
trial court err in terminating [F]ather[’s] and [M]other’s parental rights
without clear and convincing evidence that termination of [M]other’s parental
rights served the needs and interests of . . . L.D.T.?” A ppellants’ B rief , at 7.J

- A28030

- 17

- 2

-

Appellants, however, did not raise these issues in their concise statement of
errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).

Therefore , we are const rained to find Appellants’ issues on appeal

waived. See , e.g. , Commonwealth v. Hill , 16 A.3d 484 , 494 (Pa. 2011)
( holding that “ any issues not raised in a Rule 1925(b) statement will be
deemed waived; the courts lack the authority to count enance deviations from
the Rule’s terms; the Rule’ s provisions are not subject to ad hoc exceptions
or selective enforcement; appellants and their counsel are responsi ble for
complying with the Rule’ s requirements; [and] Rule 1925 violations may be
raised by the appellate court sua sponte ”)

. W e affirm the order involuntarily
terminating Mother’s and Father’s parental rights to L.D.T.

Order affirmed.
Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 12/21/2017
No. 64836.

#### Industrial Drug Supplies, Inc. *v.*United States,

protest 59/28068 (New York).

Opinion by

Wilson, J.

The protest was dismissed.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02

- 12

- 00365

- CV

Andy A. Atchley and Karri D. Atchley

v.

Chase Home Finance LLC, and Federal National Mortgage Association §

§

§

§ From the 153rd District Court

o f Tarrant County (153

- 252122

- 11 )

June 20 , 2013

Opinion by Justice Meier



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s order . It is ordered that the order of the trial

court is reversed in part

, modified in part , and affirmed as modified . We

(1) reverse the trial court’s order as to Appellants’ fraudulent lien claim and

remand this case to the trial court for further proceedings o n that claim and

(2) modify the portion of the order awarding Appellees $6,000 for attorneys’ fees

to reflect that Appellees are awarded $5,000 for attorneys’ fees

. We affirm the

trial court’s order as modified

.
It is further ordered that Appellant s Andy A. Atchley and Karri D. Atchley

s hall pay all costs of this appeal, for which let execution issue.SECOND DISTRICT COURT OF APPEALS

By

_________________________________ Justice Bill Meier
II 

118TH CONGRESS 

1ST SESSION S. 417 

To direct the Secretary of the Interior to remove or permanently conceal 

the name of Francis Newlands on the grounds of the memorial fountain 

located at Chevy Chase Circle in the District of Columbia, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2023 

Mr. VAN HOLLEN (for himself and Mr. CARDIN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To direct the Secretary of the Interior to remove or permanently conceal the name of Francis Newlands on the 

grounds of the memorial fountain located at Chevy Chase 

Circle in the District of Columbia, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Francis G. Newlands 

5 Memorial Removal Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 417 IS

1 SEC. 2. REMOVAL OF PLAQUE AND CONCRETE FROM ME2 MORIAL FOUNTAIN GROUNDS. 

3 (a) IN GENERAL.—The Secretary of the Interior 

4 shall— 

5 (1) remove the brass plaque bearing the name 

6 ‘‘Senator Francis G. Newlands’’ from the grounds of 

7 the memorial fountain; 

8 (2) remove from the south end of the memorial 

9 fountain’s face, the stone, tablet-like projection bear10 ing the name of ‘‘Francis Griffith Newlands’’ and a 

11 related inscription; 

12 (3) remove or permanently conceal the name 

13 ‘‘Newlands’’ carved into the upper face of the memo14 rial fountain’s coping stones; and 

15 (4) offer the items removed pursuant to para16 graphs (1), (2), and (3) to the descendants of 

17 Francis Griffith Newlands for a period of 60 days, 

18 and if not claimed within that period, direct the 

19 items removed pursuant to paragraphs (1), (2), and 

20 (3) to be maintained by the National Park Service 

21 as Federal property and accessioned into the Rock 

22 Creek Park museum collection. 

23 (b) MEMORIAL FOUNTAIN.—For the purposes of this 

24 section, the term ‘‘memorial fountain’’ means the memo25 rial fountain located at Chevy Chase Circle, Connecticut 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 417 IS

1 Avenue and Western Avenue, NW, in the District of Co2 lumbia. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<PAGE>



                                                                   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 Quarterly Report of Warning Model  Management,  Inc. (the
"Company")  on Form 10QSB for the period  ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Stanley
Tepper, Chief Financial Officer of the Company,  certify,  pursuant to 18 U.S.C.
Sec. 1350, as adopted  pursuant to Sec. 906 of the  Sarbanes-Oxley  Act of 2002,
that to the best of the undersigned's knowledge and belief:

     (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 result of operations of
          the Company.




                                                /s/  Stanley Tepper
                                                ------------------------------
                                                Stanley Tepper
                                                Chief Financial Officer
                                                August 19,  2003



<PAGE>
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement Nos. 333-117654, 333-88304, 333-51126, 333-41485, and333-92783 on Form S-8 and Registration Statement Nos. 333-114361 and 333-114062 on Form S-3 of our reports dated March 2, 2005,relating to the financial statements and financial statement schedule of Alliant Energy Corporation (which report on the financialstatements and financial statement schedule expresses an unqualified opinion and includes an explanatory paragraph relating to theadoption on January 1, 2003 of Statement of Financial Accounting Standards No. 143, “Accounting for Asset Retirement Obligations”)and management’s report on the effectiveness of internal control over financial reporting, appearing in this Annual Report on Form10-K of Alliant Energy Corporation for the year ended December 31, 2004.

 

/s/ DELOITTE & TOUCHE LLP

DELOITTE & TOUCHE LLP

 

Milwaukee, Wisconsin

March 2, 2005
EXHIBIT
      32.1 CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER




Pursuant
      to 18 U.S.C. § 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of
      2002, the undersigned officer of Getty Realty Corp. (the “ Company ”)
      hereby
      certifies, to such officer’s knowledge, that:




(i)
      the
      Quarterly Report on Form 10-Q of the Company for the quarterly period ended
      March 31, 2007 (the “ Report ”)
      fully
      complies with the requirements of Section 13(a) or Section 15(d), as applicable,
      of the Securities Exchange Act of 1934, as amended (subject to the Company's
      position prevailing in regard to the remaining unresolved SEC comment, as more
      fully described in the Report); and




(ii)
      the
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.




Dated:
      May
      10, 2007


BY: /s/
      Leo Liebowitz


(Signature)


LEO
      LIEBOWITZ


Chairman
      and Chief Executive Officer




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Getty Realty Corp. and will be retained by Getty Realty Corp. and furnished
      to
      the Securities and Exchange Commission or its staff upon request.




The
      foregoing certification is being furnished solely to accompany the Report
      pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18
      of the Securities Exchange Act of 1934, as amended, and is not to be
      incorporated by reference into any filing of the Company, whether made before
      or
      after the date hereof, regardless of any general incorporation language in
      such
      filing.