alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-93,433-01 & 93,433-02

EX P ARTE LEO NARDO H P EREIRA, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1461485-A & 1430258- A IN THE 338TH DISTRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant wa s convicted of murder a nd sentenc ed to life imprisonment. On the same da y , Applicant was also convicted of ag g rava ted sexual assault of a child and s en t en ce d t o five y ear s’ imprisonment. Applicant did not appea l his convictions. Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. On Aug ust 4, 2021, the trial court enter ed an order desig nating issues in both habea s case s. The district cler

k proper ly forwa

rded these applications to this Court under Texas Rule of Appellate Procedur e 73.4(b)( 5). Howeve r, the app li c a ti o n s w e r e forwa

rded befor e the trial court made finding s of fac t and conclusions of law. We rema nd thes e ap p l i cations to the trial court to complete itsevidentiar

y investiga tion and make f indings of f

act a nd conclusions of law

. T h e t rial court shall make findings of fac t and conclusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections , proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: Fe bruar

y 9, 2022 Do not publish
#### Sigrun Anke MERRILL, Appellant, v. Robert Edward MERRILL, Appellee.

No. 77-2175.

District Court of Appeal of Florida, Third District.

July 25, 1978.

Rehearing Denied Sept. 29, 1978.

Joseph A. McGowan, Miami, for appellant.

Ferrell & Ferrell and Milton M. Ferrell, Miami, for appellee.

Before PEARSON, NATHAN and KE-HOE, JJ.

PER CURIAM.

Affirmed. See *Helman v. Seaboard Coast Line Railroad Co.,*349 So.2d 1187 (Fla.1977); *Herzog v. Herzog,*346 So.2d 56 (Fla.1977); *Shaw v. Shaw,*334 So.2d 13 (Fla.1976); *Burch v. Burch,*352 So.2d 552 (Fla.3d DCA 1977); and *Koeppel v. Koeppel,*351 So.2d 766 (Fla.3d DCA 1977).
#### Kenneth I. ROBERTS, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a corporation, Appellee.

No. FF-459.

District Court of Appeal of Florida, First District.

Feb. 24, 1978.

*220David C. Goodman, Jacksonville, for appellant.

Carl K. Staas of Boyd, Jennerette, Leem-is & Staas, Jacksonville, for appellee.

BOYER, Judge.

Appellant, who was plaintiff in the trial court, seeks reversal of an order of the trial court dismissing his complaint with prejudice.

The facts are not in dispute. Appellant, a Florida resident, while traveling through Georgia had his truck repaired in Georgia by a Georgia resident. Upon returning to Florida he sought to sue for alleged unsatisfactory repairs, the gravamen of his action being that the truck must now be again repaired and that he has lost the use thereof as a result of the alleged “slip-shod” repairs by the Georgia repairman. The complaint was filed in Duval County, Florida, naming as the only defendant appellee Nationwide Mutual Fire Insurance Company, alleged to be the insurance carrier for the Georgia repairman. Nationwide moved to. dismiss for failure to join an indispensible party. The plaintiff (appellant) refused to amend and refused to add the repairman as a party defendant, electing to stand on his complaint as filed. The order here appealed, dismissing with prejudice, was thereupon entered.

It is important to note that direct liability is here sought to be imposed upon the insurer, not for any dereliction of duty on its part, but solely because of the alleged negligence of its insured; thereby distinguishing the case sub judice from a situation wherein the insured might be a passive and disinterested participant. The several cases recited by appellant are adequately discussed in a well reasoned opinion of our sister court of the Fourth District, *Kephart v. Pickens,*271 So.2d 163 (Fla. 4th DCA 1972), with which we agree. Although the factual basis in *Kephart v. Pickens*is distinguishable, which is virtually always the case, the rationale is equally applicable sub judice.

While the *Kephart*decision has been severely criticized in a law review article, “Mandatory Joinder of Parties in Civil Proceedings”, Vol. XXXVI, No. 3, Spring 1974, University of Florida Law Review, wherein the author, alluding to the reasoning of that opinion states: “This reasoning amounts to nonreasoning and cannot survive analysis.”, neither the author of that article nor appellant in his brief has cited us to any Florida court taking a contrary position: Nor do we.

AFFIRMED.

MeCORD, C. J., and MASON, ERNEST E., Associate Judge, concur.
No. 9437.

#### Wellsburg-Brilliant Bridge & Ferry Co. *v.*McIntyre et al.

(Decided February 20, 1906.)

Error to Circuit Court of Jefferson county.

*Mr. J. W. Jordan; Mr. E. E. Érskine*and *Mr. Dio Rogers,*for plaintiff in error.

*Mr. W. R. Alban*and *Mr. John A. Huston,*for defendants in error.

Judgment affirmed.

Shauck, C. J., Price, Crew and Summers, JJ., concur.
[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Notices]
[Page 44948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22541]



[[Page 44948]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    The Department of Commerce (DOC) has submitted to the Office of 
Management and Budget (OMB) for clearance the following proposal for 
collection of information under provisions of the Paperwork Reduction 
Act (44 U.S.C. Chapter 35).
    Agency: Bureau of Export Administration (BXA).
    Title: Survey of Optoelectronics Industry to Assess the Current 
Status of Optoelectronics R&D and Manufacturing in the U.S.
    Agency Form Number: None assigned.
    OMB Approval Number: None assigned.
    Type of Request: Approval of a new collection of information.
    Burden: 2,400 hours.
    Average Hours Per Response: 4.
    Number of Respondents: 600 respondents.
    Needs and Uses: This collection of information is needed to 
complete an assessment of the current status of the U.S. 
optoelectronics industry in such areas as production methods, 
technological development, economic performance, and international 
competitiveness. This survey is being initiated because a number of 
U.S. industry associations involved in optoelectronics and optics 
recently cited the need for a critical technology assessment of the 
U.S. optoelectronics industry. The health of the U.S. optoelectronics 
industry is particularly important because this technology has a number 
of critical defense applications.
    Affected Public: Individuals, businesses or other for-profit and 
not-for-profit institutions.
    Respondent's Obligation: Mandatory.
    OMB Desk Officer: Victoria Baecher-Wassemer (202) 385-7340.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, DOC Forms Clearance Officer, 
(202) 482-3272, Department of Commerce, Room 5327, 14th and 
Constitution Avenue, N.W., Washington, D.C. 20230.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to Victoria Baecher-Wassmer, OMB Desk Officer, Room 10202, New 
Executive Office Building, 725 17th Street, N.W., Washington, D.C. 
20230.

    Dated: August 18, 1997.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 97-22541 Filed 8-22-97; 8:45 am]
BILLING CODE 3510-DT-P
<PAGE>

                                POWER OF ATTORNEY                     EXHIBIT 24

     KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned directors and
officers of HARTMARX CORPORATION, a Delaware corporation, do hereby constitute
and appoint GLENN R. MORGAN, TARAS R. PROCZKO and ANDREW A. ZAHR, or either of
them, his true and lawful attorney-in-fact and agent, with full power and
authority of substitution and resubstitution, to sign in the name and on behalf
of the undersigned, as directors and officers of said corporation, the
corporation's Annual Report on Form 10-K, and any and all subsequent amendments
thereto, and to file the same or cause to be filed the same, with all exhibits
thereto and other documents in connection therewith, with the Securities and
Exchange Commission and do hereby grant unto each said attorney-in-fact and
agent full power to do and perform each and every act and thing requisite and
necessary to be done in and about the premises, as fully to all intents and
purposes as they or either of them might or could do in person, hereby ratifying
and confirming all that each said attorney-in-fact and agent, or his substitute
or substitutes, may lawfully do or cause to be done by virtue hereof.

     IN WITNESS WHEREOF, the undersigned have executed this Power of Attorney
this 15th day of January, 2003.

       /s/ Elbert O. Hand                           /s/ Homi B. Patel
----------------------------------             ---------------------------------
           ELBERT O. HAND                              HOMI B. PATEL
       Chairman of the Board,                    President, Chief Executive
             Director                                Officer, Director


      /s/ Samaual A.T. Bakhsh                        /s/ Dipak C. Jain
----------------------------------             ---------------------------------
    SAMAUAL A.T. BAKHSH, Director                  DIPAK C. JAIN, Director


        /s/ Jeffrey A. Cole                         /s/ Charles  Marshall
----------------------------------             ---------------------------------
     JEFFREY A. COLE, Director                    CHARLES MARSHALL, Director


       /s/ Raymond F. Farley                       /s/ Michael B. Rohlfs
----------------------------------             ---------------------------------
    RAYMOND F. FARLEY, Director                   MICHAEL B. ROHLFS, Director


      /s/ Donald P. Jacobs                          /s/ Stuart L. Scott
----------------------------------             ---------------------------------
    DONALD P. JACOBS, Director                     STUART L. SCOTT, Director


       /s/ Glenn R. Morgan                           /s/ Andrew A. Zahr
----------------------------------             ---------------------------------
         GLENN R. MORGAN                                ANDREW A. ZAHR
      Executive Vice President,                    Vice President, Controller
       Chief Financial Officer                   (Principal Accounting Officer)
   (Principal Financial Officer)
II 

109TH CONGRESS 

1ST SESSION S. 1486 

To extend the suspension of duty on Baytron M. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2005 

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL

To extend the suspension of duty on Baytron M.

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

3 SECTION 1. BAYTRON M. 

4 (a) IN GENERAL.—Heading 9902.29.87 of the Har5 monized Tariff Schedule of the United States (relating to 

6 3,4-Ethylenedioxythiophene) is amended by striking ‘‘12/

7 31/2006’’ and inserting ‘‘12/31/2009’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 

10 warehouse for consumption, on or after the 15th day after 

11 the date of the enactment of this Act.

Æ
# Marine Corps’ 241st birthday brings out Marine spirit

/ Published Nov. 15, 2016

Marines and friends of the military service filled the McNamara Headquarters Complex auditorium to celebrate the Marine Corps' 241st birthday Nov. 10.

Embracing the spirit and honoring the traditions of the Marines were host Shari Durand, Defense Threat Reduction Agency director, with keynote speaker Marine Maj. Gen. John Broadmeadow, Marine Corps Installations Command commander/Installations and Logistics (Facilities) assistant deputy commandant.

“I remember it drilled into me that the Marine Corps is nothing without logistics, because you cannot fight a war without your facilities and your logistics. So for General Broadmeadow to have that responsibility is obviously key for all of the Marine Corps,” Durand said in her introduction of Broadmeadow.

Broadmeadow acknowledged the teamwork between the Marines and DTRA as well as the Defense Logistics Agency, specifically addressing DLA Director Air Force Lt. Gen Andy Busch in the audience to express his high opinion of the agency.

Citing Marine Corps Commandant Gen. Robert Neller’s remarks at an earlier birthday ceremony, Broadmeadow emphasized the purpose of celebrating these events as a way to honor the past, reflect on what Marines are doing today and think about what will happen in the future.

“When you’re a Marine, and someone sticks that eagle, globe and anchor in your hand and calls you a Marine for the first time, there’s something that really inspires your soul,” Broadmeadow said.

“We use days like today to reinvigorate that spirit and remind us what we’re here doing, day in and day out,” he added. “Whether we’re forward-deployed or we’re sitting in the Pentagon, or whether we’re sitting in an organization like DLA or DTRA, we use today to celebrate the fact that we’re United States Marines.”

He noted that while the birthday is an opportunity to honor the legacies of the past Marines, it’s also a time to look to the future and ensure preparedness to defend the nation.

The ceremony also featured the several traditional highlights, such as the cake cutting with a sword, cut and shared between the host, guest, oldest Marine and youngest Marine. The historic birthday message of former Marine Lt. Gen. John Lejeune, commandant of the Marine Corps during World War I, was also recited, with a singing of the Marines’ Hymn as well.
No. 9198.

#### The City of Toledo *v.*Seel.

(Decided May 8, 1906.)

Error to Circuit Court of Lucas county.

*Mr. U. G. Denman,*city solicitor, and *.Mr. Chas. M. Milroy,*for plaintiff in error.

*Messrs. Bierly & Dickey,*for defendant in error.

Judgment of circuit court reversed and that of the common pleas affirmed on authority of *Norwalk*v. *Tuttle,*73 Ohio St., 242.

Shauck, C. J., Crew, Summers, Spear -and Davis, JJ., concur.
# Corpus deputy retires after 35 years of service

/ Published April 27, 2017
CORPUS CHRISTI, Texas, Bob Rosarius, DLA Distribution Corpus Christi, Texas, deputy commander, has retired following 35 years of service to his country.
Rosarius’ many career accomplishments were honored in an April 20 ceremony, officiated by DLA Distribution headquarters deputy commander Twila Gonzales, Senior Executive Service.

Gonzales announced to Rosarius’ employees, friends and family in attendance- including his wife Frances Marie, mother Marlene, son David, sister Karen, brother Jack, sister-in law Dawn and nephew and niece- that she was honored to recognize his contributions to the Defense community.

“Bob embodies the DLA vision to provide warfighter-focused, globally responsive support through his tireless and unselfish efforts,” she said.

Rosarius began his government career in February 1982, working in the Directorate of Supply at Tooele Army Depot in Tooele, Utah.

In 1992, he transferred to DLA where he worked at both DLA Distribution Tooele as a technician in the Depot Facilities Engineering Division and DLA Distribution Ogden as chief of the Resources and Programs Branch in the Directorate of Administration and services.

In 1994, he accepted a position with Defense Distribution Region West as the Real Property program manager at DLA Distribution Corpus Christi.

In 1996, Rosarius became chief of the Depot Support Division at DLA Distribution Corpus Christi, Texas, and later transferred within the organization to the position of chief of operations.  He served in that position until October 1999 when he became the deputy commander, a job he’s held for the past 17 years.

Under his leadership, the DLA Distribution Corpus Christi team achieved significant improvements to its metrics in supporting the customer.  The distribution center also made significant strides towards operating as a leaner, more efficient operation while enhancing materiel flow in support of the DLA Director’s plan of a 10 percent cost reduction over five years.  

His commitment to deliver the right part, to the right place, on time, every time, while remaining committed to Stewardship Excellence by exploring all opportunities to perform the same work, more efficiently, enabled future professional and organizational growth, according to Gonzales.

“His sustained superior performance at DLA Distribution will have a lasting effect well into the future. Because of his leadership, the command remains on track to provide better value to the Department of Defense and other government agency customers,” said Gonzales.
Filed by Automated Filing Services Inc. (604) 609-0244 - Exploration Drilling International Inc. - Exhibit 10.50






Addendum to the loan agreement dated 02/03/2006

 Extension 

LOAN AGREEMENT 

between 

DTB Patente GmbH 
represented by the managing director

Rainer Rotthäuser 
Goethestrasse 59, 45721 Haltern am See 

- in the following referred to as
lender -

and 

EDI Exploration Drilling International GmbH 
represented by
the managing director 
Günter Thiemann 
Goethestraße 59, 45721 Haltern am
See 

- in the following referred to as
borrower -

The loan agreement, to which this addendum applies, is changed,
effective immediately, in § 2 paragraphs 2 and 3 and as follows: 

§ 2 Interest, term and repayment of loan 

	1. 	
      The annual interest payable on the loan shall be 6.0
      %.

	 	 
	2. 	
      The term shall be extended by 6 months, thus ending on
      31/03/2008.

	 	 
	3. 	
      The loan shall be repaid on 31/03/2008 into the lender’s
      account.



All of the other provisions of the agreement remain unchanged
and valid. 

	Haltern, on September 25, 2007 	  
	  	Signature 
	_____________________________________________	_____________________________________________ 
	DTB Patente GmbH 	EDI Exploration Drilling International GmbH
  
	- Lender - 	- Borrower -
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 Big Sky Industries V, Inc. (the Company) on Form 10-Q for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, Treasurer of the Company, certify, pursuant to 18 U.S.C. 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.



Dated: February 13, 2009



/s/ Ramon Chimelis

Ramon Chimelis, Treasurer

Big Sky Industries V, Inc.
**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 State Bancorp, Inc. (the “Company”) on Form
10-K for the period ending December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Thomas F. Goldrick,
Jr., Chairman and 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 result of operations of the
      Company.








**3/16/05**
    **s/Thomas
      F. Goldrick, Jr.****Date**
    **Thomas
      F. Goldrick, Jr.,****Chairman
      and Chief Executive Officer**






**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 State Bancorp, Inc. (the “Company”) on Form
10-K for the period ending December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Brian K. Finneran,
Secretary/Treasurer and Principal 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 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.








**3/16/05**
    **s/Brian
      K. Finneran****Date**
    **Brian
      K. Finneran, Secretary/Treasurer****(Principal
      Financial Officer)**