alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ACACIA FOUNDATION OF L. S. U., INC. v. BODMAN, MURRELL & WEBB.

No. 8232.

Court of Appeal of Louisiana, First Circuit.

March 15, 1971.

Rehearing Denied April 19, 1971.

Writ Refused May 24, 1971.

Frank M. Coates, Jr., of Taylor, Porter, Brooks & Phillips, Baton Rouge, for appellant.

Fred H. Belcher, Jr., of McCollister, Belcher, McCleary & Fazio, Baton Rouge, for appellee.

Before LANDRY, ELLIS, and BLANCHE, JJ.

ELLIS, Judge.

For the reasons assigned in the case of Bodman, Murrell & Webb v. Acacia Foundation of L. S. U., Inc., 246 So.2d 323 (La.App. 1 Cir. 1971), the judgment appealed from is reversed and there will be judgment herein staying this proceeding pending arbitration of the dispute between the parties hereto. All costs are to be paid by Acacia Foundation of L. S. U., Inc.

Reversed and rendered.
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1

NO. 04-14-00657-CV

IN THE COURT OF APPEALS 

FOURTH COURT OF APPEALS DISTRICT OF TEXAS 

SAN ANTONIO, TEXAS 

RICHARD LESHIN, SUCCESSOR TRUSTEE 

OF THE DAVILA FAMILY TRUST, TRUST A, 

 APPELLANT 

VS. 

JUAN GERARDO OLIVA, INDIVIDUALLY, AND 

ROSINA OLIVA, INDIVIDUALLY AND AS 

SUCCESSOR TRUSTEE OF THE DAVILA FAMILY TRUST, 

TRUSTS B, C AND D, 

 APPELLEES 

From the 406th Judicial District Court, Webb County, Texas 

Cause No. 2008-CVF-000855-D4

Honorable Oscar J. Hale, Jr., Judge Presiding 

NOTICE OF CHANGE OF ADDRESS

The undersigned files this Notice of Change of Address and requests that the Court’s 

docket in the above styled cause be updated accordingly: 

 Allen Cazier 

1250 N.E. Loop 410, Suite 725 

San Antonio, Texas 78209 

 Email: cazlaw@yahoo.com 

Telephone: (210) 824-3278 

Fax: (210) 824-3937 

 All filings, correspondence and notices should be sent to this address. 

 

ACCEPTED

04-14-00657-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/5/2015 10:27:52 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/5/2015 10:27:52 AM KEITH E. HOTTLE Clerk
2

Respectfully submitted,

OLIVERO E. CANALES

State Bar No. 03737200

719 Chihuahua St., Suite 102

Laredo, Texas 78040

956/723-5092 (telephone)

956/723-1327 (fax)

ALLEN CAZIER

1250 N.E. Loop 410, Suite 725

San Antonio, Texas 78209

Telephone: 210/824-3278

Telecopier: 210/824-3937

 By: /s/ Allen Cazier

ALLEN CAZIER

State Bar No. 04037500

Attorneys for Appellee,

Rosina Oliva, Individually and as

Successor Trustee of the Davila

Family Trust, Trusts B, C & D

Certificate of Service

This is to certify that a true and correct copy of the above and foregoing was, on 

this 5th day of March, 2015, served by e-mail and/or by fax upon the below listed 

attorneys of record for their respective parties:

Guadalupe Castillo

Zaffirini and Castillo

1407 Washington

Laredo, Texas 78042

Facsimile: 956/727-4448

Email: gcast@zaffirini.com
3

David C. “Clay” Snell

Bayne, Snell & Krause

1250 N.E. Loop 410, Suite 725

San Antonio, Texas 78209

Facsimile: 210/824-3937

Email: dsnell@bsklaw.com

Eduard Romero

Villarreal & Romero, PLLC

210 W. Del Mar Blvd., Suite 15

Laredo, Texas 78041

Facsimile: 956/727-2404

Email: romero@vrlawfirm.com

 /s/ Allen Cazier

ALLEN CAZIER
**Exhibit
        32.2**
 
 **Certification
        of Principal Financial Officer**
 **Pursuant
        to 18 U.S.C. Section 1350,**
 **as
        Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of
        2002**
 
 I,
        Jonathan LaBarre, certify, pursuant to 18 U.S.C. Section 1350, as adopted
        pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
        Report of Net Perceptions, Inc. on Form 10-Q for the quarter ended March
        31,
        2007, fully complies with the requirements of Section 13(a) or 15(d) of the
        Securities Exchange Act of 1934 and that information contained in such Quarterly
        Report on Form 10-Q fairly presents in all material respects the financial
        condition and results of operations of Net Perceptions, Inc.
 
 Date:May
                10, 2007
              
              By:/s/ Jonathan LaBarreName:Jonathan
                LaBarreTitle:Chief
                    Financial Officer, Secretary and
                    Treasurer
  A
        signed
        original of this written statement required by Section 906 has been provided
        to
        the Company and will be retained by the Company and furnished to the Securities
        and Exchange Commission or its staff upon request.
  27
[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Proposed Rules]
[Pages 55561-55562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28357]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 97-68; RM-8999]


Radio Broadcasting Services; Hayfield, VA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial of petition.

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

SUMMARY: The Commission denies the petition for rule making filed by 
Vixon Valley Broadcasting proposing the allotment of Channel 263A to 
Hayfield, Virginia. See 62 FR 9409, March 3, 1997. The proposal is 
denied because Hayfield was found not to be a community for allotment 
purposes. With this action, this proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 97-68, adopted September 24, 1997, and 
released October 17, 1997. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW, Washington, DC. 
The complete text of this decision may also be purchased from the 
Commission's copy contractor, ITS, Inc., (202) 857-3800, 1231 20th 
Street, NW, Washington, DC 20036.

[[Page 55562]]

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-28357 Filed 10-24-97; 8:45 am]
BILLING CODE 6712-01-U
* 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 August 17, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40875 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN JOSE TORRES-LUCIO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:04-CR-223-ALL

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: * Juan Jose Torres-Lucio appeals from his guilty-plea conviction for illegal reentry following deportation. For the first time on appeal, Torres-Lucio contends 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). As Torres-Lucio concedes, his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998). See United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000)

.No. 04-40875 -2- Citing United States v. Booker , 125 S. Ct. 738, 756 (2005), Torres-Lucio argues, also for the first time on appeal, that the district court erred in sentencing him under a mandatory sentencing guidelines scheme. He acknowledges that this argument is reviewed for plain error. Nevertheless, Torres-Lucio contends that he does not have to show that the district court’s error affected his substantial rights because the error is structural and because prejudice should be presumed. Plain error is the correct standard of review. See United States v. Malveaux , 411 F.3d 558, 560 (5th Cir. 2005), petition for cert. filed (July 11, 2005) (No. 05-5297). The districtcourt committed error that is plain when it sentenced TorresLucio under a mandatory sentencing guidelines regime. See United States v. Valenzuela-Quevedo , 407 F.3d 728, 733 (5th Cir. 2005), petition for cert. filed (July 25, 2005) (No. 05-5556); United States v. Martinez-Lugo , 411 F.3d 597, 600 (5th Cir. 2005)

. Torres-Lucio’s arguments that application of the mandatory guidelines scheme is a “structural” error that is not susceptible to plain-error analysis or, alternatively, that plain-error prejudice should be presumed, lack merit. See Martinez-Lugo , 411 F.3d at 601. Torres-Lucio fails to meet his burden of showing that the district court’s error affected his substantial rights.
See Valenzeuela-Quevedo , 407 F.3d at 733-34; see also United States v. Bringier , 405 F.3d 310, 317 & n.4 (5th Cir. 2005), petition for cert. filed (July 26, 2005) (No. 05-5535).
AFFIRMED.
### IN THE SUPREME COURT STATE OF NORTH DAKOTA

2023 ND 184

In the Interest of P.R

. - K., minor child State of North Dakota , Petitioner and Appellee

v. P.R

. - K., child ; P.R

. - K. , father; Respondents and C.B. , mother, Respondent and Appellant

No. 20230281

In the Interest of K .R

. - K., minor child State of North Dakota , Petitioner and Appellee

v. K.R

. - K., child ; P.R

. - K. , father; Respondents and C.B. , mother, Respondent and Appellant

No. 2023028 2
Appeal from the Juvenile Court of Ward County, North Central Judicial District, the Honorable Kelly A

. Dillon , Judicial Referee

. AFFIRMED

. Per Curiam

. Rozanna C. Larson, State’s Attorney, Minot, ND , for petitioner and appellee.
Kiara C. Kraus

- Parr, Grand F orks, ND , for respondent and appellant.1 Interest of P.R

. - K. and K.R.

- K. No s . 20230281 & 20230282
Per Curiam

. [¶1] C.B. appeals from the juvenile court’s order terminating parental rights to her two minor children, P.R.

- K. and K.R.

- K. C.B. argues the court erred in finding conditions and causes of deprivation are likely to continue. C.B. also argues the court erred in finding the children will suffer physical, m ental, moral or emotional harm without termination. The record supports t h e court ’s finding s by clear and convincing evidence that a child test ed positive for THC and methamphetamine, and C.B. continued us ing methamphetamine, was homeless, lack ed employmen t, and had suicidal tendencies . Those findings are not clearly erroneous. [¶2] The juvenile court found the children spent over 450 of the last 660 nights in the care, control, and custody of the human service zone and are in need of protection. The record supports t he court ’s findings , and they are not clearly erroneous. Based on the f indings, the court did not abuse its discretion terminating C.B.’s parental rights. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4). [¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr
@ Eastern Federal Lands 21400 Ridgetop Circle

i ivisit VA 20166-6511
US.Department Highway Division Sterling,

of Transportation

Federal Highway
Administration

ELECTRONIC CORRESPONDENCE
MAY - 2 2013 In Reply Refer to: HFPP-15

Mr. James S. Simpson

Commissioner

New Jersey Department of Transportation
P.O. Box 601

Trenton, NJ 08625-0600

Subject: MAP-21 Access Program Programming Decisions Committee Members
Dear Mr. Simpson:

The Moving Ahead for Progress in the 21 Century Act (MAP-21), Public Law 112-141,
includes the establishment of the new Federal Lands Access Program (FLAP). This new
program will be administered by the Federal Highway Administration (FHWA) Office of Federal
Lands Highway. New Jersey is served by the Eastern Federal Lands Highway Division
(EFLHD) office in Sterling, Virginia.

A key requirement for implementing the FLAP is to coordinate the establishment of a three
member Programming Decisions Committee (PDC) responsible for programming the FLAP
funds allocated to each state. Each state level PDC consists of a representative from the Federal
Lands Highway Division office, the State Department of Transportation, and an organization or
entity that is suited to represent the local entities responsible for building, operating, or
maintaining transportation facilities that are located on, are adjacent to, or provide access to
Federal lands. Our program managers have coordinated with your department and have
identified the following positions that will fulfill the PDC requirement:

FLAP Program Manager, FHWA, EFLHD
Assistant Commissioner, Capital Investments, New Jersey Department of Transportation
President, New Jersey County Engineer’s Association, Ocean County, New Jersey


Additional information on the implementation of FLAP can be found on the EFLHD MAP-21
website at http://www.efl.fhwa.dot.gov/programs/federal-lands-access.aspx. If you have any
questions, please contact Mr. David Payne at 571-434-1543 or David.Payne@dot.gov, or myself
at 703-404-6276 or Karen.Schmidt@dot.gov.

Sincerely yours,

Karen A. Schmidt
Director, Office of Program Administration

Ce

Mr. Frank Scarantino, President, New Jersey County Engineer’s Association, Ocean County,
New Jersey, Toms River, NJ

Mr. David Kuhn, Assistant Commissioner, Capital Investments, New Jersey Department of
Transportation, Trenton, NJ

Mr. Ernest J. Blais, Division Administrator, FHWA, New Jersey Division Office, West Trenton,
NJ
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350


       In connection with the Quarterly Report of iParty Corp. (the "Company")
on Form 10-Q for the period ended September 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, the
undersigned Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C Section 1350, that to my 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 result of operations of
          the Company.




Date:  November 14, 2006

                                        /s/ SAL PERISANO
                                        ----------------
                                        Sal Perisano
                                        Chief Executive Officer
[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Pages 55227-55228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28043]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GT97-65-001]


K N Interstate Gas Transmission Co.; Notice of Tariff Filing

October 17, 1997.
    Take notice that on October 14, 1997, K N Interstate Gas 
Transmission Co. (KNI) tendered for filing as part of its FERC Gas 
Tariff, Third Revised Volume No. 1-A, Substitute First Revised Sheet 
No. 2, the following revised tariff sheet, to be effective September 
28, 1997:

    Substitute First Revised Sheet No. 2

    KNI states that the above referenced tariff sheet is being filed to 
correct a deletion of reference to the state of Nebraska within its 
Preliminary Statement. The reference to the state of Nebraska was in 
the Original Sheet No. 2 and should not have been taken out of the 
Preliminary Statement. KNI has submitted Substituted First Revised 
Sheet No. 2 to reinstate the include of the state of Nebraska as a 
place of doing business.
    KNI states that copies of the filing were served upon KNI's 
jurisdictional customers, interested public bodies and all parties to 
the proceeding.

[[Page 55228]]

    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Rules of Practice and Procedure. All such protests must be 
filed as provided in Section 154.210 of the Commission's Regulations. 
All protests filed with the Commission will be considered by it in 
determining the appropriate action to be taken, but will not serve to 
make the protestants parties to the proceeding. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-28043 Filed 10-22-97; 8:45 am]
BILLING CODE 6712-01-M
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 Remedent, Inc. (the “Company”) on Form
10-Q for the period ended December 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), the undersigned, in the
capacities and on the date indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to 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 operation of the Company.
  Date:      February
      14, 2011
                By:
                /s/
      Stephen RossName:  Stephen
      RossTitle:    Chief
      Financial Officer
                  (Principal
      Accounting Officer)
Regulatory Evaluation 

Docket No. F AA-2009-0776 Directorate Identifier: 2009-NE-32-AD 

lfyou 111ake changes to the values in the table behnr, you must ensure the totals update acconlinglv. if 

the_v do not. did (or Tab) into and then uul of" the changed cell. 

Estimated Costs: 

Action Costs per Product (e.g., aircraft, engine, 

(e.g., Inspection, propeller, appliance) 

Work-hours Labor Parts Cost Total Costs Number of Total Cost replacement) (include cost (labor+ u.s. for U.S. Fleet Do not include oncondition costs here access, testing, (@$85/h parts) Registered 

and close-up) our) Products 

Apply sealant 2.0 $20 104 ' 

Replace busbar 

with slip ring 3.0 1 $1 ,200 I 104 

harness 

.I 

I 

,- l ( ) 

; 

' l 1\1 '• (11 

,, (1 •l ' i !I I 

) I f);: l 

\ !) ( i 'I 

' • 11 

(, I) ) 

l \ \J t, 

,._ I II ) •fl 

(jl ,) ill 

) \ (J " ii.' 

( I l 1(} 

I {rf) (l I,{: 

l d[J ( 1)1 

•i ., .. I (,: 

i i (,_,. 

The known number of products in compliance: 

Total Costs of compliance for U.S. fleet: $171,080 

Costs covered under warranty (if known) $ 

On-Condition Costs: 

Action Work-hours Labor cost Parts Cost Cost per Product 

(e.g., Inspection, (include access, (@$85/hour) 

testing, and close- replacement) up) 

: I\ c:.: 1) 'I') 

If -'-) d 

~ 1 ()(' ') • J 

\ _:,_ 1(1 

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs): Dowty will offer 
the parts at no cost if the work is performed at the next Major Inspection (MI). Dowty will charge 

for parts if the work is done prior to the next MI 

Executive Order 12866: 

Could the AD be considered a " significant regulatory action"? · 

YES* 0 NO~ 

*Explanation: 

DOT Regulatory Policies and Procedures: 

Is the AD significant? ~ 

YES*0 NO~ 

*Explanation: 

Regulatory Flexibility Act: 

Will the AD have a significant economic impact on a substantial number of small entities? Explain for 

either aYes or No answer. 

YESO NO~ 

Explanation: 

Intrastate Aviation in Alaska: 

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for 

aircraft operated in Alaska where aviation might be the only mode of transportation? · 

YES*0 NO~ 

*Explanation:
Exhibit
32.2


CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350








In
connection with the Quarterly Report of iParty Corp. (the “Company”) on Form
10-Q for the period ended March 28, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, the undersigned Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C Section 1350
that to my 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: May
7, 2009


/s/ DAVID
ROBERTSON


David Robertson


Chief Financial
Officer