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

San Antonio, Texas

August 8, 2016

No. 04

- 16

- 00295

- CV

Lawrence W. SHIPLEY III

, Appellant

v.

Andrea VASQUEZ

, Appellee

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CI12988

Honorable Richard Price, Judge Presiding



### O R D E R

Appellant’s unopposed motion to change the style of appeal is granted. The style of this

appeal is changed to Lawrence W. Shipley III v. And rea Vasquez

.

_________________________________ Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 8th day of August, 2016

.

___________________________________ Keith E. Hottle

Clerk of Court
| 1.     | Such Annual Report on Form 10-K for the period ended December 31, 2011, 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 such Annual Report on Form 10-K for the period ended December 31, 2011, fairly presents, in all material respects, the financial condition and results of operations of Strategic Mining Corp. |

|                         | STRATEGIC MINING CORP. |
|------------------------------|------------------------|
|                         |                   |   |
| Date:  October 24, 2012 | By:                    | /s/ Douglas C. Peters |
|                         |                   | Douglas C. Peters |
|                         |                   | President, Chief Executive Officer,  Director |
No. 46229.

#### Protests 993862-G, etc., of Continental Premium Mart et al. (Milwaukee, etc.).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 842 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 842

             To amend the Defense Base Act to exclude Guam.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2023

  Mr. Moylan introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
             To amend the Defense Base Act to exclude Guam.

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

SECTION 1. INAPPLICABILITY OF DEFENSE BASE ACT TO GUAM.

    Subsection (b) of section 1 of the Defense Base Act (Chapter 357; 
55 Stat. 622; 42 U.S.C. 1651) is amended--
            (1) in paragraph (4), by striking ``the period at the end'' 
        and inserting ``and Guam;''; and
            (2) by adding at the end the following new paragraph:
            ``(5) the term `Territory or possession outside the 
        continental United States' does not include Guam.''.
                                 <all>
```
#### Marco Avendano, Respondent, v Sazerac, Inc., Appellant. (And a Third-Party Action.)

[634 NYS2d 390]

—In an action to recover damages for personal injuries, the defendant Sazerac, Inc. appeals from an order of the Supreme Court, Queens County (Durante, J.), dated July 21, 1994, which granted the plaintiffs motion to strike the ninth affirmative defense in its amended verified answer.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

The record fails to establish as a matter of law whether or not the plaintiff is in this country legally. Consequently, the Supreme Court erred in dismissing the defendant’s affirmative defense which alleged that the plaintiffs lost earnings, if any, should be reduced because the plaintiff is not in this country legally *(see, Collins v New York City Health & Hosps. Corp.,*201 AD2d 447; *Public Adm’r of Bronx County v Equitable Life Assur. Socy.,*192 AD2d 325). Mangano, P. J., Miller, Santucci and Hart, JJ., concur.
No. 52681.

protests 140314-K, etc. (New York).

#### Burroughs Wellcome *&*Co., Inc., et al. *v.*United States,

Opinion by

Cole, J.

It was stipulated that the merchandise in question is the same in all material respects as the estrogenic hormone passed upon in *Roehe-Organon*v. *United States*(35 C. C. P. A. 99, C. A. D. 378). The claim at 10 percent under paragraph 34 was therefore sustained.
(Reap. Dec. 8893)

Entry No. 3959, etc.

#### Nauming Forwarding Service et al. *v.*United States

(Decided July 10, 1957)

*Wallace & Schwartz*for the plaintiffs.

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

Oliver, Chief Judge:

The appeals for reappraisement, enumerated in schedule “A,” hereto attached and made a part hereof, have been limited to the merchandise identified on the invoices as sewing machines, sewing-machine heads, or parts of sewing machines, which were exported from Germany and entered at the port of Chicago.

The cases have been submitted by counsel for the respective parties on an agreed set of facts which establish that cost of production, as defined in section 402 (f) of the Tariff Act of 1930, is the proper basis for appraisement of the articles in question, as herein-above identified, and that such statutory value in each instance is the appraised value, less the amount added under duress, and I so hold. Judgment will be rendered accordingly.
Exhibit 10.a
Consent of Sutherland Asbill & Brennan LLP



April 27, 2001

Board of Directors
Kansas City Life Insurance Company
3520 Broadway
Kansas City, MO  64111-2565

Re:  Kansas City Life Variable Annuity Separate Account

Ladies and Gentlemen:

We hereby consent to the reference to our name under the caption "Legal Matters"
in the  Statement  of  Additional  Information  filed as part of  Post-Effective
Amendment No. 8 to the  registration  statement on Form N-4 for Kansas City Life
Variable  Life Annuity  Separate  Account  (File No.  33-89984).  In giving this
consent, we do not admit that we are in the category of persons whose consent is
required under Section 7 of the Securities Act of 1933.

Very truly yours,

SUTHERLAND ASBILL & BRENNAN LLP

By:/s/ Stephen E. Roth
Stephen E. Roth
(Reap. Dec. 9294)

#### Plywood *&*Door Midwest Corporation *v.*United States

Entry Nos. 7384; 8503; 7585.

*445(Decided January 15, 1959)

*James Wilson Young*for the plaintiff.

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

Mollison, Judge:

The appeals for reappraisement enumerated in schedule “A,” attached to and made a part of this decision, were submitted for decision by counsel for the parties upon a stipulation reading as follows:

> IT IS HEREBY STIPULATED AND AGREED by and between the respective parties hereto that the merchandise involved in the appeals for reappraisement enumerated in Schedule “A”, attached hereto and made part hereof, consists of plywood exported from Finland in the year 1956 and that the merchandise is properly valued on the basis of foreign value as defined in Section 402(c) of the Tariff Act of 1930 as amended.

> IT IS FURTHER STIPULATED AND AGREED that the value or the price at the time of exportation of such merchandise to the United States at which such or similiar [sic] merchandise was freely offered for sale 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 for home consumption including cost of containers and coverings of whatever nature and all other costs, charges and expenses incident to placing the merchandise ready for shipment to the United States was, the appraised values, less 4% net packed.

On the agreed facts, I find that foreign value, as defined in section 402(c) of the Tariff Act of 1930, as amended, is the proper basis of value for the merchandise, and that the said value in each case was the appraised value, less 4 per centum, net, packed.

Judgment will issue accordingly.
No. 49778.

#### Protests 974454-G, etc., of Chong Kee Jan & Co. et al. (San Francisco) .

Opinion by

Cole, J.

The merchandise was classified and claimed dutiable at the same rates and under the same paragraphs as similar merchandise covered by the decision in *Quong Yuen Shing Co.*v. *United States*(31 C. C. P. A. 43, C. A. D. 247). In accordance with stipulation of counsel and on the authority of said cited case the ve-tsin, found to contain salt, was excluded from paragraph 5 and protests sustained to this extent.
#### Abercrombie & Fitch Co. *v.*United States

No. 7337.

Invoices dated London, England, April 15, 1946, etc.

Certified April 18, 1946, etc.

Entered at New York, N. Y., May 6, 1946, etc.

Entry Nos. 758392/3; 730994.

*219(Decided July 15, 1947)

*Lane, Young & Fox*for the plaintiff.

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

Mollison, Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
Fourth Court of Appeals

San Antonio, Texas

November 18, 2022

No. 04-22-00319-CV

IN THE INTEREST OF E.G.M., A CHILD

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 20-0604-CV-C

Honorable William D. Old III, Judge Presiding

O R D E R

Appellant’s brief is due on November 18, 2022. On November 16, 2022, appellant filed a

motion to reconsider appellant’s unopposed second motion to extend time. The motion is 

GRANTED. Appellant’s brief is due no later than November 23, 2022. Further requests for 

extensions of time to file appellant’s brief will not be considered.

_________________________________

Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of November, 2022.

___________________________________

Michael A. Cruz, 

Clerk of Court
Docket Index for

EPA

- R09

- OAR

- 2015

- 0280



## Section D :

Supporting Material and

Other Relevant Documents
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 24-1060

In re: JOHNNY ELIAS GONZALEZ, a/k/a Solo,

 Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western 

District of North Carolina, at Charlotte. (3:08-cr-00134-RJC-SCR-18)

Submitted: July 25, 2024 Decided: July 29, 2024

Before GREGORY, HARRIS, and QUATTELBAUM, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Johnny Elias Gonzalez, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-1060 Doc: 10 Filed: 07/29/2024 Pg: 1 of 2
2

PER CURIAM:

Johnny Elias Gonzalez petitions for a writ of mandamus, alleging that the district 

court has unduly delayed acting on his motion for compassionate release. He seeks an 

order from this court directing the district court to act. Our review of the district court’s 

docket reveals that the district court recently denied the motion. Accordingly, we deny the 

mandamus petition as moot. We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument would 

not aid the decisional process. 

PETITION DENIED

USCA4 Appeal: 24-1060 Doc: 10 Filed: 07/29/2024 Pg: 2 of 2
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors

Digital Realty Trust, Inc.

and

The Board of Directors of the General Partner

Digital Realty Trust, L.P.:

We consent to the incorporation by reference in the registration statements (Nos. 333-147746 and 333-121353) on Form S-8 of Digital Realty Trust, Inc., (Nos. 333-1635505, 333-142396, 333-132980, and
333-129688) on Form S-3 of Digital Realty Trust, Inc. and (333-158958, 333-158958-01) on Form S-3 of Digital Realty Trust Inc. and Digital Realty Trust, L.P. of our reports dated February 25, 2011, with respect to:



| | (i) | The consolidated balance sheets of Digital Realty Trust, Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated income statements,
statements of equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, and the related financial statement schedule III, properties and accumulated depreciation,
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The effectiveness of Digital Realty Trust, Inc.s internal control over financial reporting as of December 31, 2010,
| | ---- | --------------------------------------------------------------------------------------------------------------------



| | (iii) | The consolidated balance sheets of Digital Realty Trust, L.P. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated income statements,
statements of capital and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, and the related financial statement schedule III, properties and accumulated depreciation,
| | ----- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

which reports appear in the December 31, 2010 annual report on Form 10-K of Digital Realty Trust, Inc. and Digital Realty
Trust, L.P.

/s/  KPMG LLP

San Francisco, California

February 25, 2011
<PAGE>
                                                                  Exhibit 32(b)



                             TXU ENERGY COMPANY LLC
                       Certificate Pursuant to Section 906
                         of Sarbanes - Oxley Act of 2002
                              CERTIFICATION OF PFO


         The undersigned, Paul O'Malley, Principal Financial Officer of TXU
Energy Company LLC (the "Company"), DOES HEREBY CERTIFY that:

   1.    The Company's Quarterly Report on Form 10-Q for the quarter ended
         September 30, 2003 (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.    Information contained in the Report fairly presents, in all material
         respects, the financial condition and results of operation of the
         Company.

         IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed this 12th day of November, 2003.




                                             /s/  Paul O'Malley
                                          ------------------------------------
                                          Name:   Paul O'Malley
                                          Title:  Principal Financial Officer







   A signed original of this written statement required by Section 906 has been
   provided to TXU Energy Company LLC and will be retained by TXU Energy
   Company LLC and furnished to the Securities and Exchange Commission or its
   staff upon request.
Exhibit 10.2

FIFTH AMENDMENT
to
AMENDED AND RESTATED PROGRAM AGREEMENTS

BANK OF AMERICA, N.A.
(Bank of America School Channel Loan Programs)

This Amendment is entered into as of the 7th day of February, 2008, by and among BANK OF AMERICA, N.A., a national banking association having its principal
office located in the State of North Carolina (the "Lender"), and THE FIRST MARBLEHEAD CORPORATION, a Delaware corporation having a principal place of business at 800 Boylston Street,
34th Floor, Boston, Massachusetts 02199-8157 ("FMC"), with regard to the Amended and Restated Umbrella Agreement between Lender and FMC dated June 30, 2006 (the "Umbrella
Agreement"), and the Amended and Restated Note Purchase Agreement between Lender and FMC dated June 30, 2006 (the "Note Purchase Agreement") (collectively, for purposes of this Amendment, the
"Amended and Restated Program Agreements"). Capitalized terms used herein without definition have the meaning set forth in the Umbrella Agreement, as applicable.

WHEREAS,
the parties entered that certain First Amendment to Program Agreements dated January 2, 2007 (the "First Amendment"), adopting program terms for the 2007-08
program year for (a) the prepGATE Loan Program and (b) the Bank of America TERI Loan Programs other than (i) the Bank of America TERI ISLP Loan Programs and (ii) the CVS
Loan Program; and

WHEREAS,
the parties entered that certain Third Amendment to Program Agreements dated May 22, 2007, adopting program terms for the 2007-2008 program year for the Bank
of America TERI ISLP Loan Programs; and

WHEREAS,
the parties entered that certain Fourth Amendment to Program Agreements dated on or about the date hereof, adopting new program terms to allow FMC and Lender to establish and
implement a non-federally guaranteed student loan program which is marketed by the University of Phoenix (the "Bank of America University of Phoenix Loan Program"); and

WHEREAS,
the parties desire to adopt revised program terms for the Bank of America School Channel Loan Program as detailed herein.

NOW,
THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, it is hereby agreed as follows:



---







[REMAINDER
OF THIS PAGE INTENTIONALLY LEFT BLANK]

---



IN
WITNESS WHEREOF, the parties hereto by their duly authorized representatives have executed this Amendment as of the date first written above.

| |  | BANK OF AMERICA, N.A.           
| |  | --------------------------------
| |  | By:                             
| |  | THE FIRST MARBLEHEAD CORPORATION
| |  | By:                             

---



QuickLinks
**Exhibit31.1**

 

Certification ofPrincipal Executive Officer

 

I, Charles C. Huffman,certify that:

 

1)              I have reviewed thisquarterly report on Form 10-Q of Pelican Financial, Inc.;

 

2)              Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3)              Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4)              The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) [Intentionally Omitted] for the registrant andwe have:

 

a)              designed suchdisclosure controls and procedures to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)             [IntentionallyOmitted];

 

c)              evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by thisreport based on such evaluation; and

 

d)             disclosed in thisquarterly report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

 

5)              The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunction):

 

a)              all significantdeficiencies and material weakness in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 
| Date: May 13, 2004                     |
|----------------------------------------|
|                                   |
| /s/ Charles  C. Huffman                |   |
| President  and Chief Executive Officer |

 

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# Transportation Statistics Beyond ISTEA: Critical Gaps and Strategic Responses
Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to Section 906 of The Sarbanes-Oxley Act of 2002



In connection with this quarterly report on Form 10-Q of AlphaSmart, Inc. for the period ended September 30, 2004, I, James M. Walker, Chief Financial Officer, Chief Operating Officer and Secretary of AlphaSmart,
Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | this Form 10-Q for the period ended September 30, 2004 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 this Form 10-Q for the period ended September 30, 2004 fairly presents, in all material respects, the financial condition and results of operations of
AlphaSmart, Inc. for the periods presented therein.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |     |  |                                                               
|----------------------- |  | --- |  | --------------------------------------------------------------
|Date: November 10, 2004 |  | By: |  | /s/ James M. Walker                                           
|                        |  |     |  | James M. Walker                                               
|                        |  |     |  | Chief Financial Officer, Chief Operating Officer and Secretary
|                        |  |     |  | (Principal Financial and Accounting Officer)