alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00564-CV

Keith Volk, Appellant

v.

Coryell County Sheriff's Office, Appellee

FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY, 

NO. D-1-GN-21-000290, THE HONORABLE MAYA GUERRA GAMBLE, JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM

The parties have filed a joint motion to abate briefing deadlines or, alternatively, for 

an extension of time to file appellant’s brief. Appellant has also filed a motion to correct the record, 

explaining that the administrative record filed in the appeal is incomplete and asking this Court to 

send to the trial court a question pursuant to rule 36.6(b) of the rules of appellate procedure. See

Tex. R. App. P. 36.3(b) (“If the parties cannot agree to a correction to the agency record, the 

appellate court must—on any party's motion or its own incentive—send the question to the 

trial court.”).

We grant both motions, abate the appeal, and remand the matter to the trial court to

determine, after notice and hearing, “what constitutes an accurate copy of the agency record and [to] 

order the agency to send an accurate copy” to the clerk of this Court. See id. The parties are 
2

ordered to file in this Court no later than May 9, 2022, either a status report or a motion to reinstate 

explaining that an accurate record has been filed. Appellant’s brief will be due thirty days after the 

date on which the appeal is reinstated following our receipt of the accurate agency record.

It is so ordered on March 11, 2022.

Before Chief Justice Byrne, Justices Kelly and Smith

Abated and Remanded

Filed: March 11, 2022
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

ALEXION PHARMACEUTICALS, INC., ALEXION 

PHARMA INTERNATIONAL OPERATIONS 

LTD., 

Plaintiffs-Appellants

v.

SAMSUNG BIOEPIS CO. LTD., 

Defendant-Appellee

______________________

2024-1829

______________________

Appeal from the United States District Court for the 

District of Delaware in No. 1:24-cv-00005-GBW, Judge 

Gregory Brian Williams.

______________________

O R D E R

The parties having so agreed, it is ordered that:

(1) The proceeding is DISMISSED under Fed. R. App. 

P. 42 (b).

Case: 24-1829 Document: 31 Page: 1 Filed: 09/04/2024
ALEXION PHARMACEUTICALS, INC. V. SAMSUNG BIOEPIS CO.

LTD.

2

(2) Each side shall bear their own costs.

FOR THE COURT

September 4, 2024

Date

ISSUED AS A MANDATE: September 4, 2024

Case: 24-1829 Document: 31 Page: 2 Filed: 09/04/2024
Before the First Division,

January 16, 1941

No. 45222.

#### Protest 839621-G of Strauss Eckardt Co., Inc. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the merchandise consists of brushes the same as those the subject of Abstract 34593. The claim at 50 percent under paragraph 1506 was therefore sustained.
EPA Reg. No. 79630-1 

Vol. 2 

1
2
3
4
5
6
7
8
9
10
11
12

*Product ingredient source information may be entitled to 

confidential treatment* *Product ingredient source information may be entitled to confidential treatment*
13
14
15
16
17
18
19
20
21
22
23
24

*Product ingredient source information may be entitled to 

confidential treatment*

*Product ingredient source information may be entitled to confidential treatment*
Terrestrial Imaging, LLC 1 Grand Court Colts Neck, NJ 07722 Exemption #13608 Amendment

**BA SIS FOR THE A** **MENDMENT TO EXEMPTION #13608** Terrestrial Imaging, LLC received a 333 Exemption # **13608** to operate DJI Phantom 3 aircrafts and 3DR Solo aircrafts for aerial photography, aerial inspections, aerial data collection , and aerial photography for events and promotional purposes . The aircrafts listed above are appropriate for certain missions , but not for all missions
. Terrestrial Imaging, LLC is requesting an amendment to Exemption # **13608** to operate additional UAS aircraft
. Terrestrial Imaging, LLC will continue to use 3DR Solo and the DJI Phantom 3 technology when necessary. Terrestrial Imaging, LLC is requesting that additional UAS aircraft be added to the existing exemption by means of an amendment
. The additional aircraft and UAS systems that I would like to add to my exemption # 13608 are as follows:

**Yuneec Ty phoon Q5004K**  **Yuneec Ty phoon Q500G**  **Yuneec Tornado H 920**  **DJI Inspire 1** All of the above systems have limited flying time capabilities (approximately 20 - 30 minutes of flight on a single charge), do not carry anything other than a camera, operate by battery power, and do not carry flammable fuel. In fact, in the event of the loss of communications with the pilot, these devices are programmed to “return to home” and/or travel a pre - determined route to land safely. **Summary**

**for Federal Register publication. The rules from which Terrestrial Imaging, LLC seeks exemption:** Conditions and limitations #1 of exemption # 13608

**A. Brief description of the nature of the amendment**  **Terrestrial Imaging, LLC**  **seeks:** Terrestrial Imaging, LLC seeks an amendment to exemption #13608 to operate additional small UAS aircraft with an equivalent level of safety. The amendment requests use of a proprietary design s to perform aerial photography, aerial inspections, aerial data collection , and aerial photography for events and promotional purposes. I understand the only part of exemption #13608 that will be amended is section 1 of the conditions and limitations listed on the exemption.
Terrestrial Imaging, LLC is requesting an amendment to #1 of the conditions and limitations issu ed with exemption #13608 to include several new UAS aircraft. If you have any questions, please do not hesitate to contact my at christophers@terrestrialimaging.com
. Sincerely, Christopher LoPre sti President Terrestrial Imaging, LLC
No. 42029.

#### Protest 171078-G of R. H. Macy & Co., Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel and on the authority of *United States*v. *Amrein*(26 C. C. P. A. 353, C. A. D. 40) and *Pustet*v. *United States*(13 Ct. Cust. Appls. 530, T. D. 41396) Normandy laces and embroidered articles were held dutiable at 75 percent under paragraph 1430. Merchandise in chief value of cellulose filaments the same as those the subject of Abstract 37230 was held dutiable at 60 percent under paragraph 31.
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 21, 2006

Charles R. Fulbruge III

Clerk

REVISED JUNE 22, 2006

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41001

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAIME HERNANDEZ-MENDEZ, also known as Ramon Martinez-Mendez,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:05-CR-454-ALL

--------------------

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Jamie Hernandez-Mendez appeals his guilty plea conviction

and sentence for illegal reentry following deportation. 

Hernandez-Mendez argues that the “felony” and “aggravated felony”

provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of

Apprendi v. New Jersey, 530 U.S. 466 (2000). 

Hernandez-Mendez’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 
No. 05-41001

-2-

Although Hernandez-Mendez contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court

would overrule Almendarez-Torres in light of Apprendi, we have

repeatedly rejected such arguments on the basis that

Almendarez-Torres remains binding. See United States v.

Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 

126 S. Ct. 298 (2005). Hernandez-Mendez properly concedes that

his argument is foreclosed in light of Almendarez-Torres and

circuit precedent, but he raises it here to preserve it for

further review. The judgment of the district court is AFFIRMED.
**Exhibit        32**

 

**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 Coventry Health Care, Inc. (the “Company”)        on Form 10-K for the period ending December 31, 2007, as filed with the Securities and        Exchange Commission on the date hereof (the “Report”), each of the undersigned        hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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. |
|-----|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date:        February 28, 2008

 

| By: /s/ Dale B. Wolf                                                                   |   |
|----------------------------------------------------------------------------------------|--------|
|                                                                                        |   |
| Dale B. Wolf                                                                           |   |
| Chief Executive Officer and Director                                                   |   |
|                                                                                   |   |
|                                                                                   |   |
| By: /s/ Shawn M. Guertin                                                               |   |
|                                                                                        |   |
| Shawn M. Guertin                                                                       |   |
| Executive Vice President, Chief Financial Officer and                        Treasurer |   |
No. 47646.

#### Protests 58424-K, etc., of Louis Wolf & Co., Inc. (Seattle).

Opinion by

Oliver, P. J.

It was stipulated that the celluloid football players are similar in all material respects to those the subject of *Pressner*v. *United States*(7 Cust. Ct. 106, C. D. 546). The claim at 60 percent under paragraph 31 was therefore sustained.
**REGULATORY EVALUATION**

**Directorate Identifier:** 2010

- NM

- 248

- AD

**Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate t o include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
---

Summary of Mortgage Contract of Maximum Amount ( the
Contract) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the
Mortgager) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the
Creditor) on January 20, 2011

Main contents:

- Contract number: Shenfa Longgang Edizi 20110120001-1;
- In order to guarantee the indebtedness of Shenzhen BAK Battery Co., Ltd.
  (the Obligor) towards the Creditor under the Comprehensive Credit Facility
  Agreement of Maximum Amount (reference no.: Shenfa Longgang Zongzi
  20110120001) from January 26, 2011 to January 18, 2012, the Mortgager agrees
  to pledge its property to the Creditor.
- Scope of Guaranty:The guaranty shall cover all of the loan
  principal, interest, penalty interest, breach of contract compensation,
  damages, undertaking fee and all the expenses such as litigation cost,
  lawyers fee, notification cost and public notice cost etc. which is incurred
  to the Creditor in realizing its creditors right.
- Collaterals:The Mortgager agrees to pledge its inventory of cells
  with an aggregate value of RMB 150 million to the Creditor.

Headlines of the articles omitted:

- Payment on demand
- Undertakings of the Mortgager
- Validity of the Creditors Right
- Occupancy of Collaterals
- Insurance of Collaterals
- Mortgage Registration
- Instances of Breach of Contract and its Liabilities
- Declaration and guaranty of the Mortgager
- Amendment of the Contract
- Effectiveness and Disputation settlement

1

---
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<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         887,047
<INT-BEARING-DEPOSITS>                      13,522,589
<FED-FUNDS-SOLD>                               251,487
<TRADING-ASSETS>                                 7,226
<INVESTMENTS-HELD-FOR-SALE>                  4,008,852
<INVESTMENTS-CARRYING>                         499,253
<INVESTMENTS-MARKET>                           507,840
<LOANS>                                     16,668,674
<ALLOWANCE>                                  (245,992)
<TOTAL-ASSETS>                              25,772,411
<DEPOSITS>                                  17,043,075
<SHORT-TERM>                                 4,592,535
<LIABILITIES-OTHER>                            698,733
<LONG-TERM>                                  1,127,262
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       563,217
<OTHER-SE>                                   1,747,589
<TOTAL-LIABILITIES-AND-EQUITY>              25,772,411
<INTEREST-LOAN>                                982,720
<INTEREST-INVEST>                              223,234
<INTEREST-OTHER>                                95,111
<INTEREST-TOTAL>                             1,301,065
<INTEREST-DEPOSIT>                             393,895
<INTEREST-EXPENSE>                             621,672
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<LOAN-LOSSES>                                   53,987
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<EXPENSE-OTHER>                                602,941
<INCOME-PRETAX>                                406,596
<INCOME-PRE-EXTRAORDINARY>                     261,178
<EXTRAORDINARY>                                      0
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<EPS-PRIMARY>                                     2.33<F1>
<EPS-DILUTED>                                     2.30<F2>
<YIELD-ACTUAL>                                    4.04
<LOANS-NON>                                     56,954
<LOANS-PAST>                                    51,143
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<FN>
<F1>Basic EPS per Statement of Financial Accounting Standards No. 128
<F2>Diluted EPS per Statement of Financial Accounting Standards No. 128
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</TABLE>
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Bradley Wayne Shipley, Appellant

No. 06-13-00114-CR v.

The State of Texas, Appellee

Appeal from the 115th District Court of 

Upshur County, Texas (Tr. Ct. No. 16,356). 

Memorandum Opinion delivered by Justice 

Carter, Chief Justice Morriss and Justice 

Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Bradley Wayne Shipley, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MARCH 14, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
EXHIBIT 32.1


                            CERTIFICATION PURSUANT TO
                               18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



     In connection with the Quarterly Report of O2Diesel Corporation (the
     "Company") on Form 10-QSB for the period ended June 30, 2003 as filed with
     the Securities and Exchange Commission on the date here of (the "Report"),
     I, Alan Rae, Chief Executive Officer, certify, pursuant to 18 U.S.C.
     Sec.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
     2002, that to the best of my 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 this Report fairly presents, in
     all material respects, the financial condition and results of operations of
     the Company.

Date:  August 14, 2003                By:  /s/Alan Rae
                                           -----------
                                           Name:  Alan Rae
                                           Title:  Chief Executive Officer
                                           (Principal Executive Officer)


A signed original of this written statement required by Section 906 has been
provided to O2Diesel Corporation and will be retained by O2Diesel Corporation
and furnished to the Securities and Exchange Commission or its staff upon
request.


<PAGE>
                            CERTIFICATION PURSUANT TO
                               18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of O2Diesel Corporation (the "Company")
on Form 10-QSB for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission on the date here of (the "Report"), I, David Koontz,
Chief Financial Officer, certify, pursuant to 18 U.S.C. Sec.1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of
my 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 this Report fairly presents, in
     all material respects, the financial condition and results of operations of
     the Company.

Date:  August 14, 2003                By:  /s/David Koontz
                                           ---------------
                                           Name:  David Koontz
                                           Title:  Chief Financial Officer
                                           (Principal Financial Officer)


A signed original of this written statement required by Section 906 has been
provided to O2Diesel Corporation and will be retained by O2Diesel Corporation
and furnished to the Securities and Exchange Commission or its staff upon
request.


<PAGE>
<PAGE>




                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of MBT Financial Corp. (the "Company")
on Form 10-Q for the period ending March 31, 2004 as filed with the Securities
and Exchange Commission (the "Report"), I, John L. Skibski, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as enacted
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/ John L. Skibski
------------------------
John L. Skibski
Chief Financial Officer
May 7, 2004