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

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 15

- 00377

- CV

IN RE Marjorie Mae WELLMAN

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: July 1, 2015

PETITION FOR WRIT OF MANDAMUS DENIED

On June 23, 2015

, relator Marjorie Mae Wellman filed a petition for writ of mandamus

complaining of the County Court’s order transferring the underlying contested guardianship

proceeding to Wilson County District Court

. The court has considered relator’s petition for writ of

mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the

petition for writ of mandamus is denied. See T EX

. R. A PP

. P . 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. PR

- 07792, styled In the Guardianship of Marjorie Mae Wel lman, An

Incapacitated Person

, originally filed in the County Court, Wilson County, Texas, the Honorable Richard L. Jackson

presiding.
#### OVERLAND HAULING, INC., etc., et al., Petitioners, v. William T. MAYO et al., Respondents,

No. 40105.

Supreme Court of Florida.

March 3, 1971.

Certiorari denied.

ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
#### UNITED STATES of America, Plaintiff—Appellee, v. Jose Luis PEREZ-GUTIERREZ, Defendant—Appellant.

No. 00-50716.

D.C. No. CR-00-02030-JNK.

United States Court of Appeals, Ninth Circuit.

Submitted July 13, 2001 *.

Submission Vacated July 17, 2001.

Resubmitted Aug. 7, 2002.

Decided Aug. 7, 2002.

*181Before RYMER and RAWLINSON, Circuit Judges, and RESTANI, Judge.**

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 Honorable Jane A. Restani, Judge, United States Court of International Trade, sitting by designation.

MEMORANDUM ***

Jose Luis Perez-Gutierrez appeals his conviction pursuant to a conditional guilty plea and his sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Perez-Gutierrez’s argument that 21 U.S.C. § 960 is unconstitutional under *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by *United States v. Mendoza-Paz,*286 F.3d 1104, 1109-10 (9th Cir.2002).

His argument that the government must prove that Perez-Gutierrez knew the type and quantity of drugs he was importing is foreclosed by *United States v. Carranza,*289 F.3d 634, 644 (9th Cir.2002).

AFFIRMED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
DEPARTMENT OF THE TREASURY
WASHINGTON, D.C.
SECRETARY OF THE TREASURY

January 30, 2018

The Honorable Paul D. Ryan
Speaker

U.S. House of Representatives
Washington, DC 20515

Dear Mr. Speaker:

lam writing to notify you, as required under 5 U.S.C. § 8348 (1)(2), of my determination that, by
reason of the statutory debt limit, I will continue to be unable to fully invest the portion of the
Civil Service Retirement and Disability Fund (CSRDF) not immediately required to pay
beneficiaries. I have determined that a “debt issuance suspension period,” previously determined
to last until January 31, 2018, will continue through February 28, 2018. As a result, the Treasury
Department will continue to suspend additional investments of amounts credited to, and redeem
an additional portion of the investments held by, the CSRDF, as authorized by law.

In addition, because the Postal Accountability and Enhancement Act of 2006 provides that
investments in the Postal Service Retiree Health Benefits Fund (PSRHBF) shall be made in the
same manner as investments for the CSRDF, the Treasury Department will also continue to
suspend additional investments of amounts credited to, and redeem an additional portion of
investments held by, the PSRHBF. By law, the CSRDF and PSRHBF will be made whole once
the debt limit is increased. Federal retirees and employees will be unaffected by these actions.

I respectfully urge Congress to protect the full faith and credit of the United States by acting to
increase the statutory debt limit as soon as possible.

Sincerely,

Sten T hu bo

Steven T. Mnuchin

Identical letter sent to:
The Honorable Nancy Pelosi, House Democratic Leader
The Honorable Mitch McConnell, Senate Majority Leader
The Honorable Charles E. Schumer, Senate Democratic Leader

ce: The Honorable Kevin Brady, Chairman, House Committee on Ways and Means
The Honorable Richard Neal, Ranking Member, House Committee on Ways and Means
The Honorable Orrin G. Hatch, Chairman, Senate Committee on Finance
The Honorable Ron Wyden, Ranking Member, Senate Committee on Finance
All other Members of the 115'" Congress
[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Page 65082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32340]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals to Engage in Permissible Nonbanking 
Activities or to Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company that engages either 
directly or through a subsidiary or other company, in a nonbanking 
activity that is listed in Sec.  225.28 of Regulation Y (12 CFR 225.28) 
or that the Board has determined by Order to be closely related to 
banking and permissible for bank holding companies. Unless otherwise 
noted, these activities will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than December 26, 1997.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-
1521:
    1. Fulton Financial Corporation, Lancaster, Pennsylvania; to 
acquire Keystone Heritage Group, Inc. Lebanon, Pennsylvania, and 
thereby indrectly acquire Keystone Heritage Life Insurance Company, 
Lebanon, Pennsylvania, and thereby engage in insurance agency 
activities, pursuant to Sec.  225.28(b)(11) of the Board's Regulation 
Y.

    Board of Governors of the Federal Reserve System, December 5, 
1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-32340 Filed 12-9-97; 8:45 am]
BILLING CODE 6210-01-F
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-01-1997
<PERIOD-END>                               NOV-09-1996
<CASH>                                             652
<SECURITIES>                                    29,072
<RECEIVABLES>                                   31,041
<ALLOWANCES>                                       776
<INVENTORY>                                     22,658
<CURRENT-ASSETS>                                93,060
<PP&E>                                         225,157
<DEPRECIATION>                                  91,990
<TOTAL-ASSETS>                                 279,161
<CURRENT-LIABILITIES>                           52,342
<BONDS>                                              0
<PREFERRED-MANDATORY>                            6,895
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     166,032
<TOTAL-LIABILITY-AND-EQUITY>                   279,161
<SALES>                                        355,543
<TOTAL-REVENUES>                               355,543
<CGS>                                           93,898
<TOTAL-COSTS>                                  355,270
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,428
<INCOME-PRETAX>                                  3,350
<INCOME-TAX>                                     1,239
<INCOME-CONTINUING>                              2,111
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,111
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.15
        

</TABLE>
UNITE D STATE S O FAMERIC A DEPARTMEN T O FTRANSPORTATIO N OFnC E O FHEARING S WASfflNGTON , D C

TRAVE L GROUP , INC. , D/B/A REPUBLI C AI RTRAVE L AN D SCO T SPENCE R AIRLIF r GROUP , INC
. AN D RICHAR D BERNAR D Unauthorize dAi r

Transportation , Unfai r

an dDeceptiv e Practice s an dUnfai r

Method s of

Competition , an d Violation s o f

Publi c Charte r

Rule s EXPRES S ON E INTERNATIONAL , INC
. Unfai r an dDeceptiv e Practice s an dUnfai r Method s o f Competition , an dViolation s o f Publi c Charte r

Rule s Enforcemen t

Proceedin g DOT-OST-1995-27 2
formerl y Docke t 4923 3

STATU S REPOR T
Th e Offic e of

th e Assistan t

Genera l Counse l for

Aviatio n Enforcemen t

an d Proceeding s ("Enforcemen t Office") , pursuan t

t o You r Honor' s Marc h 22 , 2006 , Orde r stayin g thi s proceeding , file s thi s report detailin g th e curren t

statu s of thi s proceedin g an d settlemen t negotiations
. Th e Departmen t

ha s no t rule do n th e outstandin g motion s file db y Respondent s
an doppose db y th e Enforcemen t Offic e i n Ascen dAviatio n Group , Docke t OST-2004

- 17486
.Ther e hav e bee n n o furthe r settlemen t

discussions
. Date : Marc h 26 , 2010
. Respectfull y submitted
.
Samue l Podborcsky — Assistan t Genera l Counse l for Aviatio n Enforcemen t

an dProceeding s Dayto n Lehman , Jr
. Deputy Assistan t

Genera l Counse l for Aviatio n Enforcemen t

an dProceeding s

Willia mJ
. Wa^ r

J Senio r Trial'i^orne y Unite dState s Departmen t of Transportatio n Offic e of Aviatio n Enforcemen t

an dProceeding s 120 0 Ne w Jerse y Avenue , S.E
. Roo m96-42 9 Washington , D.C
. 2059 0 TEL : 202-366-934 2 FAX : 202-366-715 2Docke t No
. DOT-OST-1995-27 2 I hereb y certif

y that o n thi s 26th da

y of March , 2010 , atru e an dcorrec t cop y of th e foregoin g Statu s Report

wa s serve din th e followin g manne r t o th e following : Origina l U.S
. Departmen t

of Transportatio n Docke t Operations , M-3 0 Wes t Buildin g Groun dFloo r Roo mW12-14 0 120 0 Ne w Jerse y Avenue , S.E
. Washington , D.C
. 2059 0 B v Persona l Servic e Th e Honorabl e Ronni e A Yode r Chie f Administrativ e La w Judg e Offic e o f Hearings , M-2 0 U.S
. Departmen t

o f Transportatio n Eas t Buildin g Groun dFloo r Roo mEl2-32 0 Washington , D.C
. 2059 0 TEL : (202 ) 366-214 2 FAX : (202 ) 366-753 6 B v Firs t Clas s Mai l Ascen dAviatio n Group , LL C Ascen dAviatio n Marketin g an dSales , LL C KC P Leasin g an dServices , LL C Sco t Spence r C/ O Georg e Spence r 2 4 Eto n Cour t Bedminster , NJ 0792 1
#### CONDOTEL BAHAMAS, LTD., Petitioner, v. LEAVELL BAHAMAS, LTD., Respondent.

No. 43821.

Supreme Court of Florida.

July 24, 1973.

Certiorari denied. 276 So.2d 189.

ROBERTS, Acting C. J, and ERVIN, ADKINS and McCAIN, JJ, concur.

BOYD, J, dissents.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-13-00331-CV

In the Interest D.T., a child §

§

§

§

From the 323rd District Court

of Tarrant County (323-97629J-12)

January 23, 2014

Opinion by Justice McCoy

JUDGMENT 

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bob McCoy_________________ 

 Justice Bob McCoy
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 20-2172

___________________________

Holli Lundahl lllllllllllllllllllll Plaintiff - Appellant

v. Julie Gross, in her Official and Personal Capacities as Director for the State of South Dakota Office of Rural Development; State of South Dakota Office of Rural Development; Craig Steinley; Lance Lockwood, in his Official and Personal Capacities as a Loan Specialist for the State of South Dakota Office of Rural Development

lllllllllllllllllllll Defendants - Appellees

____________ Appeal from United States District Court for the District of South Dakota - Western

____________ Submitted: July 16, 2021 Filed: August 27, 2021 [Unpublished]

____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges.

____________ PER CURIAM.Holli Lundahl appeals the district court’s 1 orders striking her first amended

complaint, dismissing her civil action related to a United States Department of Agriculture home loan program, and denying her post-judgment motions. After careful review of the record and the parties’ arguments on appeal, we conclude that the district court did not abuse its discretion by striking Lundahl’s first amended complaint. See United States v. One Parcel of Prop. Located at RR 2, 959 F.2d 101, 104 (8th Cir. 1992) (district court’s grant of motion to strike pleadings is reviewed for abuse of discretion). We also conclude that Lundahl’s initial complaint was properly dismissed, see Roe v. Nebraska, 861 F.3d 785, 787 (8th Cir. 2017) (dismissals under Fed. R. Civ. P. 12(b)(6) are reviewed de novo); and that the district court acted within its discretion in denying her post-judgment motions, see Innovative Home Health Care, Inc. v. P.T.-O.T. Assocs., 141 F.3d 1284, 1286 (8th Cir. 1998) (denial of motion under Fed. R. Civ. P. 59(e) is reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota. -2-
#### Ernest HARRIS, Jr., Petitioner, v. STATE of Florida and Louie L. Wainwright, Director, Division of Corrections, Respondents.

No. 43006.

Supreme Court of Florida.

Jan. 10, 1973.

Certiorari denied.

CARLTON, C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.
February 1.7,20L3

Lauralyn ("Laura") J. Remo

DOT, Office of Aviation Analysis

Air Carrier Fitness Division, X-56

1.200 New Jersey Avenue, S.E.

Washington, D.C. 205090

United States of America

Dear Ms. Remo:

I am writing to express my support for lsland Air Express to become the mail transport for the City of

Klawock. I have lived in the Klawock area for more than 25 years and am co-owner of Changing Tides

Inn. I also work for the local school district. Both personally and in conjunction with my employment

and business I see a tremendous need for consistent and reliable mail service. I appreciate that the

other commuter airlines on the lsland of Prince of Wales where Klawock is located have made every

attempt to provide reliable mail transport. However, their planes are simply not equipped to

consistently fly in the challenging weather conditions of Southeast Alaska. lsland Air Express planes are

better equipped and well-maintained, and have had very few instances when they are grounded due to

weather.

In my employment I make travel arrangements for the district office and am well aware of how the

other Ketchikan-based carriers handle weather delays versus the reliability of lsland Air. By far lsland Air

has been consistent in its ability to transport passengers. I believe having mail transport moved to such

a reliable carrier is what is best for the residents and businesses of Klawock. At Changing Tides Inn we

often have business people stay for up to several months at a time. lt becomes an impediment to their

jobs and contract obligations when mail is so unreliable due to weather grounding of the Ketchikanbased air airlines. I strongly support approving the application of lsland Air Express for a "Certificate of

Public Convenience" to transport mail for the City of Klawock'

Sincerely,

(ab^i,A, S**r*,O

Vaferie Steward

Changing Tides Inn

Klawock Alaska
#### Barbara ELLISON, Appellant, v. Leroy PITTS and Clementine Pitts, his wife, Appellees.

No. 73-1189.

District Court of Appeal of Florida, Third District.

Jan. 23, 1974.

PER CURIAM.

Appeal dismissed.
#### SHANKLIN CORPORATION, Plaintiff-Appellee, v. AMERICAN PACKAGING MACHINERY, INC. and Rally Packaging Corporation, Defendants-Appellants.

No. 02-1346.

United States Court of Appeals, Federal Circuit.

July 31, 2002.

Before LOURIE, GAJARSA and LINN, Circuit Judges.

*474ON MOTION

LOURIE, Circuit Judge.

*ORDER*

Shanklin Corporation moves to dismiss the appeal of American Packaging Machinery, Inc. and Rally Packaging Corporation (APM) for lack of jurisdiction. APM opposes. Shanklin replies.

APM filed an appeal from an order of the United States District Court for the Northern District of Illinois in which that court found infringement of claims 1-9 of Shanklin’s patent. In the order, the district court stated:

> In sum, plaintiffs motion for summary judgment is granted, and defendants’ summary judgment motion is denied. It would appear that our finding of infringement would also doom the defendants’ counterclaim for tortious interference with contract, as it is based on the allegation that plaintiff was unjustified in interfering with the Rank Video/Rally contract. However, because neither side specifically discussed how a finding of infringement would effect [sic] the counterclaim, we will deny the defendants’ motion for partial summary judgment on the counterclaim without prejudice at this time and will not further analyze plaintiffs other defenses to that claim. The parties are directed to appear at a status hearing ... to discuss the remaining issues in this case, including how to proceed with damages portion of this case, whether plaintiff still intends to proceed with regard to claims 10 and 11, and the effect this ruling has on the viability of defendants’ counterclaim.

It is clear that this case is not final except for an accounting, *see*28 U.S.C. § 1292(c)(2),'because the district court has not expressly decided all matters except for the accounting. APM argues that because infringement has been found, that “would require the dismissal of the Appellants’ counterclaim.” However, the district court has not so held. Also, the parties do not discuss whether infringement of claims 10 and 11 remains to be litigated and whether other issues remain.* In any event, it is clear from the district court’s order regarding summary judgment of infringement that the case is not final except for an accounting. Thus, the appeal must be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1) Shanklin’s motion to dismiss is granted.

(2) Each side shall bear its own costs.

*

 In a different order, the district court noted that Shanklin’s motion for a preliminary injunction remains pending. This also indicates that not all issues or claims, other than the accounting, have been decided.
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Steven C. Bierman, certify that:

 

1.             I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of CNH Equipment Trust 2010-A (the “Exchange Act periodic reports”);

 

2.             Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.             Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.             I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.             All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon Trust Company, N.A.

 

----

 
| March 28,   2013 |   |                                                             |
|-----------------------|--------|------------------------------------------------------------------|
|                  |   |                                                             |
|                  |   |                                                             |
|                  | By:    | /s/   Steven C. Bierman                                          |
|                  | Name:  | Steven   C. Bierman                                              |
|                  | Title: | President   (senior officer in charge of the servicing function) |

 

----
1

TGA 

** COMPANY SANITIZED **