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

San Antonio, Texas

August 2, 2013

No. 04-13-00515-CV

IN RE GENERAL MOTORS, LLC

Original Mandamus Proceeding1

ORDER

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Rebeca C. Martinez, Justice

On August 1, 2013, relator filed a petition for writ of mandamus and an emergency motion for 

temporary relief. This court is of the opinion that a serious question concerning the mandamus relief 

sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real parties 

in interest may file a response to the petition for writ of mandamus in this court no later than 

August 16, 2013. Any such response must conform to Texas Rule of Appellate Procedure 52.4. 

Relator’s request for emergency relief is GRANTED IN PART. Plaintiffs are permitted to view 

the specific trade secret information at issue in relator’s petition according to the terms set forth in the 

July 30, 2013 letter from GM’s counsel, but are prohibited from taking actual possession of said 

discovery pending final resolution of the petition filed in this court.

It is so ORDERED on August 2, 2013. PER CURIAM

ATTESTED TO: _____________________________

Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 7478, styled Martha Elvia Bolaños, Individually and on Behalf of 

the Estate of Elias Bolaños, Sr., deceased; Edlin Bolaños; and Elias Bolaños, Jr. v. General Motors Company; 

General Motors, LLC; Basic Energy Services, Inc.; TMP Companies, Inc., d/b/a TMP Truck & Trailers, L.P.; and 

Esequiel Rodriguez, pending in the 49th Judicial District Court, Zapata County, Texas, the Honorable Jose A. Lopez 

presiding.
Comment Info: =================

General Comment:FAA-2013-0626; Dir ID 2012-NM-180-AD
EXHIBIT 32

Via EDGAR

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C.
20549

Re: Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

Ladies and Gentlemen:

In connection with the Quarterly Report of Whiting USA Trust II (the Trust) on Form 10-Q for the quarterly period ended June 30, 2012 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:

(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 Trust.

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 Form 10-Q or as a separate disclosure document.



|                      |  |     |  |                                                
|--------------------- |  | --- |  | -----------------------------------------------
|Date: August 13, 2012 |  |     |  | The Bank of New York Mellon Trust Company, N.A.
|                      |  |     |  | Trustee for Whiting USA Trust II               
|                      |  |    
|                      |  | By: |  | /s/ MIKE ULRICH                                
|                      |  |     |  | Mike Ulrich                                    
|                      |  |     |  | Vice President
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Exhibit 8
---------

List of Subsidiaries

Company                                                             Jurisdiction
-------                                                             ------------
Marsulex Inc.                                                         Canada
Sulconam Inc.                                                         Canada
Marsulex Environmental Technologies Corporation                       Delaware
Sulex, Inc.                                                           California
Marsol Canada Corporation                                             Canada
Marsulex Refinery Environmental Services, Inc.                        Delaware
Soucar Enterprises, LLC                                               Delaware
Investis U.S., Inc.                                                   Delaware
IT Holding, Inc.                                                      Delaware
Marsulex Environmental Technologies, LLC                              Delaware
Marsulex US Partnership                                               Delaware
Marsulex Nova Scotia, ULC                                             Canada
Marsulex US Holdings, LLC                                             Delaware
3068071 Nova Scotia Corp. (formerly 3289265 Canada Inc.)              Canada
4086554 Canada Inc.                                                   Canada
[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Page 8819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3497]



[[Page 8819]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0011]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

SUMMARY: The Department of Defense has submitted to OMB for clearance 
the following proposal for collection of information under the 
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by March 
16, 2012.
    Title Associated Form and OMB Number: Certification of Qualified 
Products; DD Form 1718; OMB Control Number 0704-TBD.
    Type of Request: New.
    Number of Respondents: 1276.
    Responses Per Respondent: 1.
    Annual Responses: 1276.
    Average Burden Per Response: .30 minutes.
    Annual Burden Hours: 638.
    Needs and Uses: This collection of information will be used by the 
preparing activities as well as procuring activities which are 
responsible for maintaining and purchasing from Qualified Products 
Lists (QPLs) and Qualified Manufacturers Lists (QMLs).
    Affected Public: Business and other for-profit.
    Frequency: Biennially.
    Respondents Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, Desk Officer for DOD, Room 10236, New Executive 
Office Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DoD Clearance Officer: Ms. Patricia Toppings.
    Written request for copies of the information collection proposal 
should be sent to Ms. Patricia Toppings, 2nd Floor, East Tower, Suite 
02G09, Mark Center Drive, Alexandria, VA 22350-3100.

    Dated: January 24, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-3497 Filed 2-14-12; 8:45 am]
BILLING CODE 5001-06-P
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#### TYNAN VOLKSWAGEN, INC., Edward Tynan, Michael Tynan, Dennis Tynan, and George Dreman, Plaintiffs-Appellants, v. N. DONALD AND COMPANY, INC., Defendant-Appellee.

No. 84CA1309.

Colorado Court of Appeals, Div. I.

April 7, 1988.

Rehearing Denied May 5, 1988.

Law and Knous, P.C., Merle R. Knous, Denver, for plaintiffs-appellants.

Steve A. Miller, P.C., Steve A. Miller, Gilbert R. Egle, Denver, for defendant-ap-pellee.

PIERCE, Judge.

Plaintiffs, Edward Tynan, Michael Tyn-an, Dennis Tynan, and George Dreman, d/b/a Tynan Volkswagen Inc. (Tynan), appeal the trial court judgment which dismissed their complaint against defendant, N. Donald & Co., Inc. (Donald). We affirm.

This controversy arises from the sale of stock pursuant to a private placement offering. In 1980, Donald and another securities firm began an attempt to underwrite a public offering on behalf of Renewable, Inc. The private placement offering was prepared and plans began for attracting investors.

In early 1981, plaintiffs were approached by representatives of Donald concerning their possible interest in investing in Renewable. After listening to a presentation and reviewing the private placement memorandum, plaintiffs decided to make an investment. It was at this time that alleged false and misleading misrepresentations were made.

*154On February 2, 1981, plaintiffs tendered payment of $37,500 to Donald to secure their investment. However, no public offering took place as contemplated, and offers of rescission were made to investors. On June 16, 1981, an offer of rescission was made to plaintiffs. This offer was accepted by plaintiffs on July 17, 1981, and a promissory note was tendered for the full amount of plaintiffs’ investment.

Plaintiffs then brought this action alleging violation of the Colorado Securities Act, § 11-51-125, C.R.S., and several other claims which were eventually disposed of prior to trial. At trial, the court found that by virtue of having accepted the note, plaintiffs could not sue under the statute.

Plaintiffs contend that the trial court erred in dismissing the complaint. We disagree.

Section 11-51-125(5), C.R.S., in effect at the time, provided that:

> “No person may sue under this section if the buyer received a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from date of payment, less the amount of any income received on the security, and he failed to accept the offer within thirty days of its receipt, or if the buyer received such an offer before suit and at a time when he did not own the security, unless he rejects the offer in writing within thirty days of its receipt.”

Here, plaintiffs received and accepted a promissory note as a refund of the consideration. Consequently, they are precluded from bringing an action under § 11-51-125, C.R.S., and therefore, their remedy, if any, lies in an action to recover on the promissory note. *See Caldwell v. Armstrong,*642 P.2d 47 (Colo.App.1981).

Judgment affirmed.

CRISWELL and HUME, JJ., concur.
[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Page 11116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4487]


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

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Meeting

February 21, 2012.

TIME AND DATE: 10 a.m., Thursday, March 1, 2012.

PLACE: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 
Avenue NW., Washington, DC.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following in open session: Secretary of Labor v. Black Beauty Coal Co., 
Docket No. LAKE 2008-477. (Issues include whether the judge erred in 
concluding that adequate berms had not been provided and that the 
violations were ``significant and substantial'' and due to 
unwarrantable failures to comply.)
    Any person attending this meeting who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs. 
Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

CONTACT PERSON FOR MORE INFORMATION: Jean Ellen (202) 434-9950/(202) 
708-9300 for TDD Relay/1-800-877-8339 for toll free.

Emogene Johnson,
Administrative Assistant.
[FR Doc. 2012-4487 Filed 2-22-12; 4:15 pm]
BILLING CODE 6735-01-P
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|   | (i) | the      Quarterly Report on Form 10-Q of the Company for the quarter ended June      30, 2009 (the “Form      10-Q”) fully complies with the requirements of Section 13(a)      or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C.      78m(a) or 78o(d)); and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the      information contained in the Form 10-Q fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Dated:      August 10, 2009 |
|--------|-----------------------------|

|                            |
|---------------------------------|
| /S/      D. FRANK      HARRISON |
| D.      Frank Harrison          |
| Chief      Executive Officer    |
---

EXHIBIT 32.1

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

In
connection with the Annual Report of Santa Fe Gold Corporation (the Company)
on Form 10-K/A for the year ended June 30, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, W. Pierce Carson,
President, Chief Executive Officer AND Chief Financial Officer, 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 results of
      operations of the Company, as of, and for the periods presented in the
      Report.

Date: April 30, 2010

| | By: | /s/ W. Pierce Carson                      
| | --- | ------------------------------------------
| |     | W. Pierce Carson                          
| |     | President, Chief Executive
      Officer, 
| |     | Director and Chief Financial
      Officer

---
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7618

WILLIAM R. STRONG, JR., Petitioner - Appellant, versus DAVID ROBINSON, Warden, Nottoway Correctional Center, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-99-1394-AM) Submitted: February 10, 2000 Decided: February 17, 2000 Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. William R. Strong, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on October 29, 1999, the district court’s records show that it was entered on the docket sheet on November 2, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: William R. Strong, Jr., seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we denya certificate of appealability and dismiss the appeal on the reasoning of the district court. See Strong v. Robinson , No. CA-99- 1394-AM (E.D. Va. Nov. 2, 1999). * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED