alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Proposed Rules]               
[Page 53264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au10-17]                         

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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

 
Restricted Area in Cape Fear River and Tributaries at Sunny Point 
Army Terminal, Brunswick County, NC

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Army requested that the U.S. Army Corps of Engineers 
(Corps) revise the regulation for the restricted area in the Cape Fear 
River and its tributaries at Sunny Point Army Terminal, Brunswick 
County, North Carolina, by renaming the marker buoys and specifying the 
latitude and longitude for those buoys. There are no other changes 
proposed for this restricted area regulation. The purpose of the 
proposed rule is to correct the buoys designating the boundary of the 
restricted area which provide security for the facility, and prevent 
acts of terrorism, sabotage, or other criminal acts against the 
facility, including vessels loading and offloading at the Sunny Point 
Army Terminal. In the ``Rules and Regulations'' section of the Federal 
Register, we are publishing this change to the restricted area 
regulation as a direct final rule without prior proposal because we 
view this as a non-controversial adjustment to our restricted area 
regulations and anticipate no adverse comment. We have explained our 
reasons for this approval in the preamble to the direct final rule. If 
we receive no adverse comment, we will not take further action on this 
rule and it will go into effect. If we receive adverse comment, we will 
withdraw the direct final rule and it will not take effect. We will 
address all public comments in a subsequent final rule based on this 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

DATES: Written comments must be received by September 30, 2010.

SUPPLEMENTARY INFORMATION: This document concerns the ``Restricted Area 
in Cape Fear River and tributaries at Sunny Point Army Terminal, 
Brunswick County, NC'' rule. For further information, including 
instructions on how to submit comments, please see the information 
provided in the direct final rule that is located in the ``Rules and 
Regulations'' section of this Federal Register publication.

    Dated: August 13, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-21746 Filed 8-30-10; 8:45 am]
BILLING CODE 3720-58-P
```
II 

111TH CONGRESS 

1ST SESSION S. 1509 

To amend the Internal Revenue Code of 1986 to exempt from the harbor 

maintenance tax certain commercial cargo loaded or unloaded at United 

States ports in the Great Lakes Saint Lawrence Seaway System. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2009 

Ms. STABENOW (for herself, Mr. VOINOVICH, and Mr. LEVIN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

from the harbor maintenance tax certain commercial 

cargo loaded or unloaded at United States ports in the 

Great Lakes Saint Lawrence Seaway System. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Short 

5 Sea Shipping Enhancement Act of 2009’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 1509 IS

1 SEC. 2. EXEMPTION OF CERTAIN COMMERCIAL CARGO 

2 FROM THE HARBOR MAINTENANCE TAX. 

3 (a) IN GENERAL.—Section 4462 of the Internal Rev4 enue Code of 1986 is amended— 

5 (1) by redesignating subsection (i) as subsection 

6 (j), and 

7 (2) by inserting after subsection (h) the fol8 lowing new subsection: 

9 ‘‘(i) EXEMPTION FOR CERTAIN CARGO TRANS10 PORTED ON THE GREAT LAKES SAINT LAWRENCE SEA11 WAY SYSTEM.— 

12 ‘‘(1) IN GENERAL.—No tax shall be imposed 

13 under section 4461(a) with respect to— 

14 ‘‘(A) commercial cargo (other than bulk 

15 cargo) loaded at a port in the United States lo16 cated in the Great Lakes Saint Lawrence Sea17 way System and unloaded at another port in 

18 the United States located in such system, and 

19 ‘‘(B) commercial cargo (other than bulk 

20 cargo) unloaded at a port in the United States 

21 located in the Great Lakes Saint Lawrence Sea22 way System which was loaded at a port in Can23 ada located in such system. 

24 ‘‘(2) BULK CARGO.—For purposes of this sub25 section, the term ‘bulk cargo’ shall have the meaning 

26 given such term by section 53101(1) of title 46, 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 1509 IS

1 United States Code (as in effect on the date of the 

2 enactment of this section). 

3 ‘‘(3) GREAT LAKES SAINT LAWRENCE SEAWAY

4 SYSTEM.—For purposes of this subsection, the term 

5 ‘Great Lakes Saint Lawrence Seaway System’ 

6 means the waterway between Duluth, Minnesota, 

7 and Sept. Iles, Quebec, encompassing the five Great 

8 Lakes, their connecting channels, and the Saint 

9 Lawrence River.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of enactment of 

12 this Act. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00514

- CV

IN THE ESTATE OF Consuella Perkins ULBRICH , Deceased

From the Probate Court No. 2, Bexar County, Texas

Trial Court No. 2011

- PC

- 0686 Honorable Tom Rickhoff, Judge Presiding

BEFORE CHIEF JUSTICE STONE

, JUSTICE ANGELINI , AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, appellant’s motion for rehearing is GRANTED; the probate court’s Order Awarding Exempt Property is REVERSED; and this cause

is REMAND ED for the probate court to rule on Appellant Douglas J. Ulbrich’s section 271 application.

Further, the probate court’s Order Finding Res Judicata and Collateral Estoppel Apply is REVERSED AND VACATED. Costs of appeal are taxed against Appellees Robert T . Hope, Darlene Wilson, and Deborah Byrd.

SIGNED January 15, 2014.

_____________________________ Karen Angelini, Justice
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



The undersigned hereby certifies, in his capacity as an officer of Diedrich Coffee, Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | the Annual Report of the Company on Form 10-K/A for the period ended June 30, 2004 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d) of
the Securities Exchange Act of 1934, as amended; and
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                          |  |                                                                     
|------------------------- |  | --------------------------------------------------------------------
|Dated: September 26, 2005 |  | /s/ Martin A. Lynch                                                 
|                          |  | Martin A. Lynch Executive Vice President and Chief
Financial Officer



Note: A signed
original of this written statement required by Section 906 has been provided to Diedrich Coffee, Inc. and will be retained by Diedrich Coffee, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
NO. 07-07-0323-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 10, 2007

______________________________

IN RE CHARLES MARK BERRY, JR., CO-INDEPENDENT

EXECUTOR, IN THE ESTATE OF CHARLES MARK BERRY, SR., DECEASED

_______________________________

Before QUINN, C.J,, and CAMPBELL and PIRTLE, JJ.

ON PETITION FOR WRIT OF MANDAMUS

Relator Charles Mark Berry, Jr., acting as co-independent executor of the estate of

Charles Mark Berry, Sr., seeks a writ of mandamus and prohibition to “vacate” the probate

trial court’s scheduled hearing on an application to remove relator as an independent

executor. Relator contemporaneously filed a motion for emergency relief seeking a stay

of the hearing until the conclusion of this proceeding. 

The real parties in interest, who also are co-independent executors of the estate,

responded with a letter stating the scheduled hearing had been vacated and the trial court

would not act on the application until resolution of a related pending appeal. Although no

order vacating the setting has been provided, the trial court has confirmed the hearing has

been “removed from its docket.” The controversy presented through relator’s petition

therefore has been rendered moot. Accordingly, we have denied relator’s request for
2

emergency relief and now dismiss his petition for writ of mandamus and prohibition for

want of jurisdiction. Tex. R. App. P. 42.3(a); State Bar of Texas v. Gomez, 891 S.W.2d

243, 245 (Tex. 1994) (courts have no jurisdiction over moot controversy).

Per Curiam
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# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 24

- 00020

- CR

Jessie L. GARCIA

, Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court

, Bexar County, Texas

Trial Court No. 2023CR10331

Honorable Ron Rangel

, Judge Presiding

BEFORE JUSTICE RIOS

, JUSTICE WATKINS , AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, this appeal is DISMISSED.

SIGNED March 13, 2024.

_________________________________ Irene Rios , Justice
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
          This schedule  contains summary financial  information  extracted from
          Greenland  Corporation  December 31, 1996 financial  statements and is
          qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0000852127
<NAME>                        GREENLAND CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         6,909
<SECURITIES>                                   152,893
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               144,825
<PP&E>                                         5,361,417
<DEPRECIATION>                                 306,542
<TOTAL-ASSETS>                                 8,054,316
<CURRENT-LIABILITIES>                          665,326
<BONDS>                                        3,695,302
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       15,214
<OTHER-SE>                                     3,751,784
<TOTAL-LIABILITY-AND-EQUITY>                   8,054,316
<SALES>                                        40,000
<TOTAL-REVENUES>                               542,534
<CGS>                                          0
<TOTAL-COSTS>                                  1,094,758
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             333,938
<INCOME-PRETAX>                                (886,162)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (886,162)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (886,162)
<EPS-PRIMARY>                                  (.13)
<EPS-DILUTED>                                  (.13)
        



</TABLE>
**Exhibit
      32.2**





**YTB
      INTERNATIONAL INC.**


**CERTIFICATION
      PURSUANT TO**


**RULE
      13a-14(b) OF THE SECURITIES**


**EXCHANGE
      ACT OF 1934 AND 18 U.S.C. 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      John
      D. Clagg, Chief Executive Officer of YTB International, Inc., a Delaware
      corporation (the “ Registrant ”),
      in
      connection with the Registrant’s Annual Report on Form 10-KSB for the year ended
      December 31, 2007, as filed with the Securities and Exchange Commission on
      the
      date hereof (the “ Report ”),
      do
      hereby represent, warrant and certify, in compliance with Rule 13a-14(b) of
      the
      Securities Exchange Act of 1934 and 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, 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
      Registrant.








/s/
      John D.
      Clagg


Name:
      John D. Clagg


Title:
      Chief Financial Officer


Date:
      March 31, 2008
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40292 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ELVE TROY BENJAMIN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CR-96-1

- - - - - - - - - - October 22, 1998 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM: * Counsel for Elve Troy Benjamin has filed a brief as required by Anders v. California , 386 U.S. 738 (1967), alleging that there are no meritorious issues for appeal. Our independent review of the briefs and record discloses no issue of arguable merit. Therefore, the motion of counsel to withdraw is GRANTED, and the appeal is DISMISSED. 5th Cir. R. 42.2.
**Exhibit
      32.1**





**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 Black Nickel Acquisition Corp. II (the
      "Company") on Form 10-QSB for the period ending March 31, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Paul
      T.
      Mannion, Jr., certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant
      to
      ss. 906 of the Sarbanes-Oxley Act of 2002, 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; 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/
                Paul T. Mannion, Jr.Paul
                T. Mannion, Jr.Principal
                Executive OfficerMay
                11, 2007
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2022 ND 36

Byron Whetsel, Petitioner and Appellant

v.

State of North Dakota, Respondent and Appellee

Nos. 20210180, 20210181

Appeal from the District Court of Ransom County, Southeast Judicial District, 

the Honorable Jay A. Schmitz, Judge.

AFFIRMED.

Per Curiam.

Benjamin C. Pulkrabek, Mandan, ND, for petitioner and appellant.

Fallon M. Kelly, State’s Attorney, Lisbon, ND, for respondent and appellee.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

FEBRUARY 18, 2022 

STATE OF NORTH DAKOTA
1

Whetsel v. State

Nos. 20210180, 20210181

Per Curiam.

[¶1] Byron Whetsel appeals from an order dismissing his applications for 

post-conviction relief. In 2017, Whetsel was convicted of child abuse, child 

neglect, and murder. See State v. Whetsel, 2017 ND 237, 902 N.W.2d 924. In 

December 2017, Whetsel applied for post-conviction relief. The district court 

denied his application, which was affirmed on appeal. See Whetsel v. State, 

2019 ND 237, 933 N.W.2d 466. In September 2020, Whetsel filed a second 

application for post-conviction relief. The district court denied his application, 

and the court’s decision was reversed on appeal and remanded. See Whetsel v. 

State, 2021 ND 28, 955 N.W.2d 57. In December 2020, Whetsel filed a third 

application for post-conviction relief while the appeal was pending. The two 

cases were consolidated, and the State moved to dismiss. The district court 

granted the State’s motion to dismiss, concluding the applications were

brought outside the two-year statute of limitations under N.D.C.C. § 29-32.1-

01(2) and none of the exceptions applied under N.D.C.C. § 29-32.1-01(3).

[¶2] On appeal, Whetsel argues the district court erred by denying his claim 

of ineffective assistance of post-conviction counsel. We conclude the district 

court did not err in determining Whetsel’s applications are untimely and are 

barred by the statute of limitations. We summarily affirm under N.D.R.App.P. 

35.1(a)(6).

[¶3] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte
THE REPORT ON SCHEDULE AND CONSENT OF INDEPENDENT AUDITORS

The
Board of Directors
Diedrich Coffee, Inc:

The
audits referred to in our report dated September 6, 2002, included the related financial statement schedule as of July 3, 2002, June 27, 2001 and June 28, 2000. This
financial statement schedule is the responsibility of the Company's management. Our responsibility is to express an opinion on this financial statement schedule based on our audits. In our opinion,
such financial statement schedule, when considered in relation to the basic consolidated financial statements taken as a whole, presents fairly in all material respects the information set forth
therein.

We
consent to incorporation by reference in the registration statements (Nos. 333-66744, 333-74626, 333-52190, 333-50412) of Diedrich
Coffee, Inc. and subsidiaries, of our report dated September 6, 2002, relating to the consolidated balance sheets of Diedrich Coffee, Inc. and subsidiaries as of July 3,
2002 and June 27, 2001, and the related consolidated statements of operations, stockholders' equity and cash flows for each of the years in the three-year period ended
July 3, 2002, and the related schedule, which reports appear in the July 3, 2002 annual report on Form 10-K of Diedrich Coffee, Inc. and subsidiaries.

Costa
Mesa, California
September 30, 2002

---

QuickLinks
NUMBER 13-10-00424-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

CARLOS PASOL LEVITAS, AS THE ADMINISTRATOR 

OF THE ESTATE OF ALICIA P. LEVITAS, DECEASED, 

AND AS THE ADMINISTRATOR OF THE ESTATE 

OF SARA PASOL FACTOR, DECEASED, Appellant,

v.

PEDRO L. BARRAZA, MARIA ELENA BARRAZA, 

AND BARRAZA FAMILY LIMITED PARTNERSHIP, Appellees. 

____________________________________________________________

On appeal from the 357th District Court 

of Cameron County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides 

Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 357th District Court 

of Cameron County, Texas, in cause number 2001-10-4369-E. Appellant has filed an 
2

unopposed motion to dismiss the appeal on grounds that appellant no longer desires to 

prosecute this appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant=s unopposed 

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is 

hereby DISMISSED. Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) 

("Absent agreement of the parties, the court will tax costs against the appellant."). 

Having dismissed the appeal at appellant=s request, no motion for rehearing will be 

entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the

21st day of October, 2010.
#### Keith Ondre HENDERSON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

No. 86SC329.

Supreme Court of Colorado, En Banc.

March 17, 1988.

*93AMENDED ORDER OF COURT

Upon consideration of the brief, record on appeal and the oral argument of counsel, and now being sufficiently advised in the premises,

IT IS THIS DAY ORDERED that the Writ of Certiorari is DENIED as having been improvidently granted.