alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed November 22, 2023 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05-23-00933-CV
KAMATHA CROCKETT, A/N/ F D.W., A MINOR CHILD

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 92320

MEMORANDUM OPINION Before Justices Nowell, Miskel, and Kennedy Opinion by Justice Kennedy Before the Court is appellants’ motion to voluntarily dismiss this appeal. See

T EX

. R. A PP

. P. 42.1(a)(1). We grant the mo tion and dismiss the appeal. See id.

230933F.P05 /Nanc y Kenned y/ NANCY KENNEDY JUSTICE–2– 

# S

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

KAMATHA CROCKETT, A/N/F D.W., A MINOR CHILD

No. 05-23-00933-CV On Appeal from the 354th Judicial District Court, Hunt County, Texas Trial Court Cause No. 92320. Opinion delivered by Justice Kennedy, Justices Nowell and Miskel participating.

In accordance with this Court’ s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Kamatha Crocke tt, a/n/f D.W., a minor child, recover her costs, if any, of this a ppeal from appellants To ny Henry, Kimberly Lewis, Matt Henderson, Lisa Palazzetti, and Amy Knusta.

Judgment entered November 22, 2023.
#### Charles J. Taylor, Appellant *v.*Middlesex Township, Appellee.

Argued June 2, 1981,

before President Judge Crumlish and Judges Mencer, Blatt, Williams, Jr. and Craig. Judges Rogers, MacPhail and Palladino did not participate.

*Charles E. Zaleski, live, Hetrick S Pierce, P.C.,*for appellant.

*Richard C. Snelbaker, Snelbaker, McCaleb é Elicker,*for appellee.

July 14, 1981:

Opinion by

President Judge Crumlish,

Charles J. Taylor appeals a Cumberland County Common Pleas Court decision affirming the denial of an application for curative amendment which would allow the extension of an existing mobile home park *501adjacent to primarily rural, undeveloped land zoned residential farm.

The case arises out of Taylor’s contention that the Middlesex Township Zoning Ordinance, which only permits mobile home parks in residential suburban zoned areas by special exception, unconstitutionally discriminates against low and middle income persons by limiting construction of mobile home parks to the non-residential, suburban districts resulting in de facto exclusionary zoning of low-cost housing.

After careful and considered review of the record, we must affirm on the able lower court opinion by Judge George E. Hopper, entered July 10,1980, at 350 Civil 1980, Civil Action — Law, Court of Common Pleas of Cumberland County.

Affirmed.

Order

The Cumberland County Common Pleas Court order, dated July 10,1980, 365 Civil 1980, Civil Action —Law, is affirmed.
Exhibit 32.1

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

18 U.S.C. SECTION 1350

In connection
with the FastenTech, Inc. (the Company) Quarterly Report on Form 10-Q for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Ronald B. Kalich,
President and Chief Executive Officer of the Company, and Michael R. Elia, Senior Vice President and Chief Financial 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, to the best of our 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 operations of the Company.



|      |  |                |  |     |  |                        
|----- |  | -------------- |  | --- |  | -----------------------
|Date: |  | August 4, 2006 |  | By: |  | /s/ Ronald B. Kalich   
|      |  |                | 
|      |  |                |  |     |  | Ronald B. Kalich       
|      |  |                |  |     |  | Chief Executive Officer
|      |  |                | 
|Date: |  | August 4, 2006 |  | By: |  | /s/ Michael R. Elia    
|      |  |                | 
|      |  |                |  |     |  | Michael R. Elia        
|      |  |                |  |     |  | Chief Financial Officer



35
Before the Third Division,

July 1, 1940

No. 44079.

#### Protest 10357-K of J. G. Philen, Jr. (San Antonio).

Opinion by

Evans, J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
Exhibit 23.2



Consent of Independent CPAs

Consent of Independent Registered Certified Public Accountants



Board of Directors and Shareholders

UTEK Corporation



We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-91724) pertaining to the UTEK Stock Option Plan
and 2000 Non-Qualified Stock Option Plan and in the Registration Statement (Form S-8 No. 333-117311) pertaining to the UTEK Corporation Amended and Restated Employee Stock Option Plan and the UTEK Corporation Amended and Restated Non-Qualified Stock
Option Plan of our report dated February 19, 2003 (except for Note 12 as to which the date is March 20, 2003) with respect to the 2002 consolidated financial statements, including schedules of investments, and the 2000, 2001, and 2002 selected per
share data and ratios of UTEK corporation included in the Annual Report (Form 10-K) for the year ended December 31, 2004.



LOGO

/s/ Ernst & Young LLP



Tampa, Florida

February 18, 2005
JOINT FILING AGREEMENT

          In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act
of 1934, as amended, the persons named below agree to the joint filing on behalf
of each of them of the Schedule 13D (and any further amendment filed by them)
with respect to the common stock, par value $.01 per share, of DTM Corporation


                                          Tiger Deals, Inc.

                                          By:     /S/ E. JAMES SELZER
                                               -------------------------------
                                          Name:   E. James Selzer
                                          Title:  Vice President and Chief
                                                  Financial Officer

                                          3D Systems Corporation

                                          By:     /S/ E. JAMES SELZER
                                               -------------------------------
                                          Name:   E. James Selzer
                                          Title:  Vice President and Chief
                                                  Financial Officer


Dated:  April 2, 2001
No. 38915.

#### Protests 903385-G, etc., of C. R. Suarez (Nogales).

Opinion by

Brown, J.

The evidence showed that the fish livers in question were imported in a crude state, that they were ill-smelling and rancid and not fit for food, and that they were used as material from which to manufacture an oil containing certain vitamins used as a tonic medicine. The claim for free entry under paragraph 1669 was sustained. *Andrews*v. *United States*(T. D. 49190) and Abstracts 34796, 34350, and 33673 cited.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of The Frontier Fund on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, to the best of his knowledge:



| | (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 Frontier Fund.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                              
|--------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                            
|Robert J. Enck                                                                                                
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of The Frontier Fund
|                                                                                                              
|/s/ Brent Bales                                                                                               
|Brent Bales                                                                                                   
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of The Frontier Fund              

Date: May 12, 2010
Exhibit 10.22


                                 PROMISSORY NOTE
                                   (UNSECURED)


$                                                              Date:
 -------------------                                                ------------


         FOR VALUE RECEIVED, the undersigned, Geo Petroleum, Inc., a California
Corporation, ("Maker") does hereby agree to pay to TD and Associates, Inc. a
California Corporation, ("Payee") or order, the principal amount of
_________ dollars ($_________). Payments hereunder shall be made at the
principal place of business of Payee or such other place as the holder hereof
shall, from time to time, designate in writing deliver to Maker. Outstanding
principal shall bear interest at the prime rate as determined monthly by
reference to the Wall Street Journal for the first business day of each month,
which rate as announced therein shall be the prime rate for such month, plus two
percentage points.

         Accrued interest shall be due and payable on the seventh day of each
month. All principal and accrued interest shall be due on September 7, 2001.
Privileged is reserved to prepay this note without penalty or surcharge, in
whole or in part at any time.

         The Maker agrees to pay all costs and expenses of collection, including
reasonable attorneys' fees, in the event any amounts due under this Note are not
paid in accordance with the terms hereof, irrespective of whether suit or other
proceedings are commenced with respect to such failure to pay in a timely
fashion.

         The Maker agrees that the payee's failure, at any time or times
hereafter, to require strict performance by the Maker of any provision or term
of this Note shall not waive, affect or diminish any right of the payee
thereafter to demand strict compliance and performance thereof. None of the
undertakings of the Maker under this Note shall be deemed to be suspended or
waived by the payee unless such suspension or waiver is in writing, dated
subsequent to the date hereof, signed by the payee and delivered to the Maker.

         This Note shall be governed by the internal laws of the State of
California. If any provision of this Note shall be prohibited by or invalid
under such law, such provision shall be ineffective only to the extent of such
prohibition or invalidity and shall not invalidate the remainder of such
provision or the remaining provisions of this Note.

         This is one of several notes executed pursuant to that certain Line of
Credit Agreement dated as of September 7, 2000, between Maker and Payee, and
reference is made thereto for certain rights of the holder of this note,
including the right to accelerate the maturity of this note all sums evidenced
hereby in the event of a default in payment of this or any note so executed.

         Executed at Yorba Linda, California on the date first above written.

                                            GEO PETROLEUM, INC.


                                            By:
                                               -------------------------
No. 51781.

#### Protests 50982-K, etc., of Greenspan Bros. Co. et al. (New York).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
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 of Basset Enterprises, Inc. (the Company) on Form 10-KSB for the fiscal year ended December 31, 2006 (the Report), I, Cosmo Palmieri, Chief Financial 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 requirement of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934; and 2) The information contained in the Report fairly presents, in all material respects, the Company's financial position and results of operations.  March 11, 2008 /s/ Cosmo Palmieri Chief Financial Officer
#### J. L. Hudson Co. *v.*United States

No. 7297.

Invoice dated Hucknall, England, May 23, 1946.

Certified May 24, 1946.

Entered at Detroit, Mich., June 28, 1946.

Entry No. 10429.

(Decided June 19, 1947)

*Tompkins & Tompkins (J. Stuart Tompkins*of counsel) for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Oliveb, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

> It is hereby stipulated and agreed, subject to the approval of the court, that the market value or price, at the time of exportation of the merchandise involved herein, at which such or similar merchandise was freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges and expenses incident to placing the merchandise in condition packed ready for shipment to the United States, is represented by the unit values in column 9 of consular invoice #1225 certified on May 24, 1946, less 3 percent discount, plus 25 percent, packed, and that there was no higher export value.

> It is further agreed that this case may be and hereby is submitted upon the foregoing stipulation.

On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930 as amended by the Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise here involved, and that such values were the unit values in column 9 of consular invoice #1225 certified on May 24, 1946, less 3 per centum discount, plus 25 per centum, packed.

Judgment will be rendered accordingly.
No. 52689.

protests 905493-G, etc. (New York).

#### Louis Meyers & Son, Inc. *v.*United States,

*242Opinion by

Rao, 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.
#### HOUSING AUTHORITY OF THE CITY OF CAMDEN, PLAINTIFF-RESPONDENT, v. B. SMITH ELECTRIC CO., INC., *ET AL.,*DEFENDANTS-PETITIONERS.

*Mr. Sidney W. Bookbinder*for the petitioner.

*Mr. Martin F. McKernan*for the respondent.

December 12, 1967.

Denied.
Before the Second Division,

April 19, 1945

No. 50132.

#### Protest 112997-K of New York Merchandise Co., Inc. (New York).

Opinion by

Lawrence, J.

The uncontradicted evidence showed that the sewing sets in question are similar in all material respects to those the subject of *Levin Bros.*v. *United States*(11 Cust. Ct. 74, C. D. 797), which record was incorporated herein. Following the cited decision the contents of the sewing sets were held classifiable as separate and distinct entities and therefore- dutiable as follows: (1) The needles to be entitled to free entry under the provision in paragraph 1724 for “Needles, hand sewing or darning”; (2) the thimbles at 40 percent under paragraph 339 as household utensils; (3) the thread at the rate of one-half of 1 cent per hundred yards but not less than 20 nor more than 35 percent ad valorem under paragraph 902 as cotton sewing thread; and (4) the containers, which are the usual containers of such merchandise, at the value thereof to be prorated among the individual values of each item in the sewing sets. The protest was sustained to this extent.
**Exhibit 23.1**

 

CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

**We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-8 (**SEC File Nos. 333-53448 and333-112958) of Fargo Electronics, Inc. of our reports dated March 14, 2006, relating to the financial statements, financial statement schedule,management’s assessment of the effectiveness of internal control over financialreporting and the effectiveness of internal control over financial reporting,which appears in this Form 10-K.

 

 
| /s/ PricewaterhouseCoopers LLP |   |
|--------------------------------|--------|
|                           |   |
| Minneapolis, Minnesota         |   |
| March 14, 2006                 |   |

 

----
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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, R. Byron Carlock, Jr., President and Chief Executive Officer, certifies that
(1) this Quarterly Report of CNL Income Properties, Inc. (the Company) on Form 10-Q for the period ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (this 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 this Report fairly presents, in all material respects, the financial condition of the Company
as of March 31, 2007 and December 31, 2006, and its results of operations for the quarters and three months ended March 31, 2007 and 2006.



|                   |  |  |  |                                             
|------------------ |  |  |  | --------------------------------------------
|                   |  |  |  | /s/ R. Byron Carlock, Jr.                   
|Date: May 11, 2007 |  |  |  | Name: R. Byron Carlock, Jr.                 
|                   |  |  |  | Title: President and Chief Executive Officer
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of The Frontier Fund on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, to the best of his knowledge:



| | (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 Frontier Fund.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                              
|--------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                            
|Robert J. Enck                                                                                                
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of The Frontier Fund
|                                                                                                              
|/s/ Brent Bales                                                                                               
|Brent Bales                                                                                                   
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of The Frontier Fund              

Date: August 11, 2010
No. 63150.

#### Lund Aviation, Inc. *v.*United States,

protests 58/9113 and 58/11219 (New York).

Opinion by

Johnson, J.

In accordance with rule 5(b) of the rules of this court, as amended, the protests were dismissed for lack of prosecution.
No. 65593.

#### Andrew Fisher Cycle Co., Inc. *v.*United States,

protests 61/2013, 61/2039, and 61/2043 (Baltimore).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise and issues herein are similar in all material respects to those the subject of *United States*v. *Schmidt Pritchard & Co. et al.*(47 C.C.P.A. 152, C.A.D. 750), the claim of the plaintiff was sustained.
No. 44090.

#### Protest 954531-G of Geo. H. Maus, Inc. (New York).

Opinion by

Hínchelos,'J.

In accordance with stipulation of counsel and on the authority of *United States*v. *Penn*(27 C. C. P. A. 242, C. A. D. 93) the claim at 90 percent under paragraph 1529 (a) was sustained.
(V. D. 50)

Entry Nos. 82454; 94457.

#### Schneider Bros. & Co., Inc. *v.*United States

(Decided November 14, 1957)

*Siegel, Mandell & Davidson*for the plaintiff.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

This matter is before me on remand from classification proceedings decided by the first division of this court in *Schneider Bros. & Co., Inc.*v. *United States,*37 Cust. Ct. 348, Abstract 60198. The conclusion therein, and the judgment issued pursuant thereto, was to the effect that the protests had been prematurely filed and the matter was remanded to a single judge in reappraisement to determine the proper dutiable values in the manner provided by law. (28 U. S. C. § 2636 (d).)

*529A stipulation of submission, upon which the matter is now before me, establishes export value, as defined in' section 402 (d) of the Tariff Act of 1930, to be the proper basis for appraisement of the microscopes and the wooden cases in question, and that such dutiable value for each of the classes of articles is as set forth in schedule “A,” hereto attached and made a part hereof, and I so hold. Judgment will be rendered accordingly.