alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 40088 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
FIDENCIO ALEJANDRO REYES

- GARCIA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16

- CR

- 1396

- 1

Before KING, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Fidencio Alejandro Reyes

- Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Reyes

- Garcia h a s no t filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 24, 2017

Lyle W. Cayce Clerk Case: 17-40088 Document: 00514207785 Page: 1 Date Filed: 10/24/2017No. 17

- 40088

2 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for le ave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 17-40088 Document: 00514207785 Page: 2 Date Filed: 10/24/2017
No. 41881.

#### Protest 85269-G of Salem Shawiry (New York).

Opinion by

Tilson, J.

From the record it was found that certain items consist of laces similar to those involved in *Amrein*v. *United States*(T. D. 49551). The claim at 75 percent under paragraph 143Q was therefore sustained.
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# C_2007183EN.01003401.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/34 |
| --- | --- | --- | --- |

4.8.2007

EN

Official Journal of the European Union

C 183/34

---

Action brought on 4 June 2007 — Frosch Touristik v OHIM — DSR touristik (FLUGBÖRSE)

(Case T-189/07)

(2007/C 183/66)

Language in which the application was lodged: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany) (represented by: H. Lauf, Rechtsanwalt)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: DSR touristik GmbH

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 — Case R 1084/2004-4 — in its entirety and refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a fresh decision; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 — Case R 1084/2004-4 — in its entirety and refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a fresh decision;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘FLUGBÖRSE’ for goods and services in Classes 16, 39 and 42 (Community trade mark No 81 406).

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: The applicant.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: DSR touristik GmbH.

Applicant for the declaration of invalidity:

Decision of the Cancellation Division: Partial declaration of invalidity of the trade mark concerned.

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Incorrect application of Article 51(1)(a), of Article 7(1)(c) and of Article 51(2) of Regulation (EC) No 40/94 (1).

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
Exhibit 32

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

Ladies
and Gentlemen:

In
connection with the Quarterly Report of TEL Offshore Trust (the "Trust") on Form 10-Q for the quarterly period ended September 30, 2016 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:



The
above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a
separate disclosure document.



The Bank of New York Mellon
Trust Company, N.A.,
Corporate Trustee for TEL Offshore TrustDate: November 14, 2016

By:

/s/ MICHAEL J. ULRICH Michael J. Ulrich Vice President


1

---



QuickLinks
(Reap. Dec. 8342)

#### Geo. S. Bush & Co., Inc. *v.*United States

Entry No. 692.

(Decided October 14, 1954)

*Lawrence & Tuttle*for the plaintiff.

*Warren E. Burger,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

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

> It is hereby stipulated as follows concerning the merchandise referred to below:

> 1) The merchandise covered by this appeal consists of firebrick imported from Canada and invoiced with descriptions the same as those set forth in paragraph 2 below.

> 2) At the time of exportation neither a foreign value, an export value, nor a United States value existed for such or similar merchandise, and the cost of production for the imported merchandise, in Canadian dollars per 1,000 pieces, was as given below less 10 percent:

> Month of January 1943

> Straights or squares_ 61. 00

> Side arch, end wedge, soaps, splits 1)4"_ 61. 00

> Circles__70. 00

> 3)The appeal is abandoned as to all merchandise except that invoiced under the descriptions given in paragraph 2 and upon this stipulation the appeal may be deemed to be submitted.

On tbe agreed facts I find tbe cost of production, as tbat value is defined in section 402 (f) of tbe Tariff Act of 1930, to be tbe proper basis for tbe determination of tbe value of tbe merchandise described below, and tbat sucb values, for tbe merchandise exported during tbe period specified, were as follows:

> Month of January 1943

> Canadian dollars per 1,000 pieces

> Straights or squares_ 61. 00

> Side arch, end wedge, soaps, splits 1)4"_61. 00

> Circles_ 70. 00

> All less 10 per centum

Tbe appeal having been abandoned insofar as it relates to all other merchandise, to tbat extent tbe appeal is hereby dismissed.
** - Animal Products
- Countries & Regions
- Crops
- Diet, Health, & Safety
- Farm Economy
- Farm Practices & Management
- Food & Nutrition Assistance
- Food Sector
- Natural Resources & Environment
- Policy Topics
- Research & Productivity
- Rural Economy
- Trade & International Markets
       You are here: Home / Data Sets /      Archive /      Archived Product			 Data Sets
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**This is an archived data product. It does not reflectthe current ERS work program. For current data products see thedata section.**
Food Spending in American Households, 1980-88.
 Stock Number 90005B. October 1994Overview
Detailed data on household food expenditures by major food groups and by household demographic characteristics. Includes data on food price trends and percent of households purchasing selected food items in a week. More overview...

Data Files
This product must be downloaded and unzipped to be viewed or used.- Download 90005.zip

Format: WK1 Files of type WK1, WK3 and WK4 are in Lotus 1-2-3 spreadsheet format.If you do not have spreadsheet software, a free Excel Vieweris available for download from Microsoft.It can read Lotus 1-2-3 or Microsoft Excel files.
**Updated date:** October 1994For more information, contact:    webadmin@ers.usda.gov
**Web administration:**webadmin@ers.usda.gov
 					ERS Home | 							USDA.gov |               Site Map |              Policies |                            What's New |              E-Mail Updates |                          RSS |               Translate |              Text Only |              FedStats |							FOIA | 							Accessibility Statement | 							Privacy Policy |               Non-Discrimination Statement |               Information Quality |               USA.gov | 							White House |						   

**
No. 54174.

#### Schenley Distributors, Inc. *v.*United States,

protest 115873-K (Pittsburgh).

Opinion by

Johnson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
#### Pasco County, a Political Subdivision of the State, *et al.,*v. Paul V. Lang, as Clerk of the Circuit Court, Leon County, J. B. Johnson, as Judge of the Second Judicial Circuit, Leon County, H. B. Kerce, and J. M. Lee, as State Comptroller.

176 So. 430.

Order Entered October 11, 1937.

*388
      *Pleus, Williams & Pleus*and *Robert J. Pleus,*for Petitioners ;

*Joe Hill Williams*and *C. L. Waller,*for Respondents;

7. *Velma Keen,*for Comptroller, Lee.

Per Curiam.

This cause comes on to be heard on application for the issuance of writ of certiorari to review an interlocutory order granting temporary injunction.

It is not made to appear in this case that petitioners have not a full, complete and' adequate method of relief by intervention and appeal.

So the petition to grant the writ of certiorari is denied.

Ellis, C. J., and Whitfield, Brown, Buford and Chapman, J. J., concur.
exv10w8






Exhibit 10.8




DEUTSCHE BANK TRUST COMPANY AMERICAS

60 WALL STREET

NEW YORK, NEW YORK 10005




July 30, 2008




Wellman, Inc.

1041 521 Corporate Center Drive

Fort Mill, South Carolina 29715

Attention: Chief Financial Officer

and Treasurer and Chief Accounting Officer




Re: Wellman, Inc. Credit Agreement dated as of February 27, 2008




     Reference is hereby made to that certain Credit Agreement, dated as of February 27, 2008, by
and among Wellman, Inc. (the “Funds Administrator”) and the other Borrowers party thereto,
as debtors and debtors in possession, as Borrowers, the Lenders from time to time party thereto,
Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, the
“Administrative Agent”) and Collateral Agent, and the other agents signatory thereto (as
amended, restated, supplemented, or otherwise modified from time to time, the “Credit
Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the
meanings assigned to such terms in the Credit Agreement.



     The undersigned Administrative Agent, on behalf of the Majority Lenders, hereby consents to
the Funds Administrator’s request that Section 9.1(i)(xv) of the Credit Agreement be modified by
deleting the date “July 30, 2008” in sub clause (iv) thereof and replacing it with “August 4,
2008”.



     Except as expressly provided herein with respect to Section 9.1(i)(xv) of the Credit
Agreement, (i) this letter shall not be construed as a consent, waiver or other modification with
respect to any term, condition, or any other provision of the Credit Agreement or any other Loan
Document, and each of the Loan Documents shall remain in full force and effect, and (ii) neither
this letter, nor any other communication between the Administrative Agent and the Funds
Administrator or any other Borrower shall be deemed to be a waiver, modification, or release of any
Default or Event of Default, whether such Default or Event of Default arose or arises before, on or
after the date hereof and whether or not known to the Administrative Agent



[signature page follows]




 









 





	 	 	 	 	 	 	 
	 	 	Very truly yours,	 	 
	 
	 	 	 	 	 	 
	 	 	DEUTSCHE BANK TRUST COMPANY	 	 
	 	 	AMERICAS, as Administrative Agent	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Marguerite Sutton
	 	 
	 

	 	 	 	 	 	 
	 

	 	Title:
	 	Director	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Enrique Landaeta	 	 
	 

	 	 	 	 	 	 
	 

	 	Title:
	 	Vice President	 	 






	 	 	 	 	 
	Acknowledged and agreed as of	 	 
	This 31 day of July, 2008	 	 
	 
	 	 	 	 
	WELLMAN, INC.	 	 
	 
	 	 	 	 
	By:

	 	/s/ Keith R. Phillips
	 	 
	 

	 	 	 	 
	Title:

	 	Chief Financial Officer	 	 






Signature Page to Waiver
# C_2007155EN.01004002.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/40 |
| --- | --- | --- | --- |

7.7.2007

EN

Official Journal of the European Union

C 155/40

---

Action brought on 21 May 2007 — Volkswagen AG v OHIM

(Case T-174/07)

(2007/C 155/73)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by S. Risthaus, Rechtsanwalt)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007, notified on 23 March 2007 (Case R 1479/2005-1); |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007, notified on 23 March 2007 (Case R 1479/2005-1);

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘TDI’ for goods and services in classes 4, 7 and 37.

Community trade mark concerned:

Decision of the Examiner: Refusal of the application.

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law:

| — | Infringement of Article 62(2) of Regulation (EC) No 40/94 by disregarding the decision of the Board of Appeal of 12 May 2003 in Case R 53/2002-4; |
| --- | --- |

—

Infringement of Article 62(2) of Regulation (EC) No 40/94 by disregarding the decision of the Board of Appeal of 12 May 2003 in Case R 53/2002-4;

| — | Infringement of the first sentence of Article 74(1) of Regulation No 40/94 by improperly examining the facts of its own motion; |
| --- | --- |

—

Infringement of the first sentence of Article 74(1) of Regulation No 40/94 by improperly examining the facts of its own motion;

| — | Infringement of Article 7(1)(b) of Regulation No 40/94 by deciding that the trade mark applied for is devoid of any distinctive character; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 40/94 by deciding that the trade mark applied for is devoid of any distinctive character;

| — | Infringement of Article 7(1)(c) of Regulation No 40/94 by deciding that the mark applied for has a descriptive function; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation No 40/94 by deciding that the mark applied for has a descriptive function;

| — | Infringement of Article 7(3) of Regulation No 40/94 by deciding that the trade mark applied for has not become distinctive in consequence of the use which has been made of it. |
| --- | --- |

—

Infringement of Article 7(3) of Regulation No 40/94 by deciding that the trade mark applied for has not become distinctive in consequence of the use which has been made of it.

---
Resolution of Board of Directors
                          Senior Care Industries, Inc.
                                 March 12, 2001


         At the Annual Meeting of the Board of Directors of Senior Care
Industries, Inc. duly noticed, at which the following members of the Board of
Directors were present and constituting a quorum:

Mervyn A. Phelan, Chairman
Stephen Reeder
Bob Coberly
Denzel Harvey
Scott Brake
John Cruickshank

the following Resolution was adopted by unanimous vote of those
present:

         BE IT RESOLVED that the following shares be issued under the terms of
the 2001 Stock Option Plan which became effective on January 2, 2001 and that
those shares be issued for the option price of $.001 per share, said payment to
be paid into the treasury of the Company upon the exercise of the option hereby
granted:

Denzel Harvey              100,000
Stephen Reeder             200,000
Bob Coberly                400,000
John Cruickshank           400,000
Scott Brake                200,000
Bob Eschwege               300,000

that the Board authorized that said shares shall be registered on a Form S-8 and
filed with the Securities & Exchange Commission, that the Company shall bear the
expense of registering the said shares by the filing of an S-8 Registration
Statement and Prospectus.

Dated: March 12, 2001

/s/ John Cruickshank
--------------------
Secretary
**Exhibit 32**

Via EDGARSecurities and Exchange CommissionJudiciary Plaza450 Fifth Street, N.W.Washington, D.C. 20549

Re:       Certification pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002

Ladies and Gentlemen:

In connection with the Quarterly Report of TELOffshore Trust (the “Trust”) on Form 10-Q for the three months endedMarch 31, 2006 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), the undersigned, not in its individual capacity butsolely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that to its knowledge:

(1)         The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)         The information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Trust.

Theabove certification is furnished solely pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed aspart of the Report or as a separate disclosure document.
|                   | JPMorgan Chase Bank,                     |
|-------------------|------------------------------------------|
|              | Corporate Trustee for TEL Offshore Trust |
| May 15, 2006 | By:                                      | /s/ MIKE ULRICH |
|              |                                     | **Mike Ulrich** |
| * *          |                                     | *Vice President and Trust Officer* |

 

----
U.S.
                Executive Offices

              P.O.
                Box 0445

              155
                Chestnut Ridge Road

              Montvale,
                NJ 07645

            


    

     

    August
      7,
      2008

    


    Mr.
      Steve
      Shawley

    21
      Upper
      Conway Court

    Chesterfield,
      MO 63017

    


    Dear
      Steve,

    


    The
      purpose of this letter, which serves as an addendum to your employment agreement
      dated June 5, 2008, is to confirm additional considerations agreed to by the
      Chairman and the Compensation Committee of the Board.

    


    Since
      your new role as Chief Financial Officer requires relocation to North Carolina,
      and results in the sale of both your Minneapolis and Missouri homes during
      a
      downturn in the housing market, two exceptions to the Company’s relocation
      policy have been approved. The first exception provides loss-on-sale protection
      to cover the full difference between the appraisal value and the documented
      purchase price paid for both homes. The second exception provides for Company
      reimbursement to offset any additional taxes that may result from the first
      exception.

    


    Steve,
      if
      you have any questions or concerns regarding the provisions of this letter,
      please do not hesitate to contact me directly on (201) 573-3137.

    


    Very
      truly yours,

    


    



    


    Robert
      C.
      Butler

    Vice
      President, Global Compensation & Benefits
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00401-CR

NO. 02-14-00402-CR

ROBERT WAYNE WESTBROOK APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY

TRIAL COURT NOS. 1375130D, 1377192D

----------

MEMORANDUM OPINION1

----------

Appellant Robert Wayne Westbrook attempts to appeal his convictions for 

burglary of a building. The trial court’s certification in each cause states that this 

“is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. 

App. P. 25.2(a)(2). On September 26, 2014, we notified Westbrook that the 

appeals would be dismissed pursuant to the trial court’s certifications unless he 

 

1See Tex. R. App. P. 47.4.
2

or any party desiring to continue the appeals filed a response showing grounds 

for continuing the appeals. See Tex. R. App. P. 25.2(d), 44.3. Westbrook filed a 

response, but it does not show grounds for continuing the appeals. Therefore, in 

accordance with the trial court’s certifications, we dismiss these appeals. See

Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: October 30, 2014