alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismiss Writ and Opinion Filed November 21, 2013 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01348-CV 

IN RE SOUTHERN FOODS GROUP, LLC AND DEAN TRANSPORTATION, INC., 

Relators 

On Original Proceeding from the County Court at Law No. 3 

Dallas County, Texas 

Trial Court Cause No. CC-12-07015-C 

MEMORANDUM OPINION 

Before Justices Bridges, Francis, and Lang 

Opinion by Justice Bridges 

On October 31, 2013, we issued an opinion conditionally granting a writ of mandamus in 

this case. On October 3, 2013, we stayed the complained-of temporary restraining order before it 

expired by its own terms. Thereafter, the trial court orally denied real party in interest’s request 

for a temporary injunction. However, no written order was entered and neither party notified the 

Court of the trial court’s ruling. 

A TRO's expiration usually renders its challenge moot. In re Cornyn, 27 S.W.3d 327, 

331 n.11 (Tex. App.—Houston [1st Dist.] 2000, orig. proceeding). However, we have 

jurisdiction to review a challenged act that is of such short duration that review cannot be 

obtained before the issue becomes moot. Id. In such a case, there must be a reasonable 

expectation that the same complaining party would be subjected to the same action again. Id. 
 –2– 

Here, the trial court, after issuing its first TRO, extended it by issuing a second TRO. 

Thus, it appeared there was a reasonable expectation that the same complaining party would be 

subjected to the same action again. However, because the trial court has orally denied the 

request for a temporary injunction, and the second TRO has expired without further extension, 

we conclude the issues relating to the TRO are moot. See Hermann Hosp. v. Tran, 730 S.W.2d 

56, 57 (Tex. App.—Houston [14th Dist.] 1987, orig. proceeding). Therefore, on the Court’s own 

motion, we withdraw our opinion and vacate our order of October 31, 2013. We deny real 

party’s November 15, 2013 motion to reconsider and to vacate. 

We dismiss as moot relator’s petition for writ of mandamus. 

131348F.P05 

/David L. Bridges/ 

DAVID L. BRIDGES 

JUSTICE
II 

111TH CONGRESS 

1ST SESSION S. 2026 

To extend the temporary suspension of duty on 2-Phenylbenzimidazole-5- 

sulfonic acid. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

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

referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on 2- 

Phenylbenzimidazole-5-sulfonic acid. 

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

3 SECTION 1. 2–PHENYLBENZIMIDAZOLE–5–SULFONIC ACID. 

4 (a) IN GENERAL.—Heading 9902.01.35 of the Har5 monized Tariff Schedule of the United States (relating to 

6 2-Phenylbenzimidazole-5-sulfonic acid) is amended by 

7 striking the date in the effective period column and insert8 ing ‘‘12/31/2011’’. 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2026 IS

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

2 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
Motion Granted and Petition for Writ of Mandamus Dismissed and

Memorandum Opinion filed April 5, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00051-CR

IN RE BRANDON BLAKE HOWARD, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

338th District Court

Harris County, Texas

Trial Court Cause No. 1641251

MEMORANDUM OPINION

On January 27, 2022, relator Brandon Blake Howard filed a petition for writ 

of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. 

App. P. 52. In the petition, relator asks this court to compel the Honorable Ramona 

Jackson, presiding judge of the 338th District Court of Harris County, to conduct a 

hearing on relator’s request for replacement of court-appointed counsel and rule on 

relator’s request for new counsel. The petition and record appear to satisfy the 
2

procedural requirements for a proper original-proceeding petition and record. See

Tex. R. App. P. 52.3(j) (certification of petition), 52.3(k) (necessary contents of 

appendix), 52.7 (required record contents). No motion for temporary relief to stay 

the underlying proceeding was filed. See Tex. R. App. P. 52.10.

The State filed a motion to dismiss with properly certified documents that 

demonstrate relator’s petition is moot. Relator pleaded guilty to aggravated assault 

with an agreed recommendation that (1) the charged felony offense be reduced to 

misdemeanor deadly conduct, (2) the two enhancement paragraphs be abandoned, 

and (3) the punishment be 365 days in jail. Consistent with the terms of this plea 

bargain, the trial court on March 22, 2022 accepted relator’s guilty plea and 

sentenced relator to 365 days in jail.

Relator’s requested mandamus relief is now moot, and we grant the State’s 

motion to dismiss. The petition for writ of mandamus is dismissed for want of 

jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Hassan, and Spain.

Do Not Publish — Tex. R. App. P. 47.2(b).
#### The People of the State of New York, Respondent, v Bryant E. Rice, Appellant.

Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Nassau County (Santagata, J.), all imposed February 21, 1990.

Ordered that the appeals are dismissed *(see, People v Sea-berg,*74 NY2d 1). Mangano, P. J., Kunzeman, Kooper, Harwood and O’Brien, JJ., concur.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT M AR IA ESTHER

C ASTILLO, Pe titione r, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 12-73741 Age n c y No. A088-469-135 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

June 12, 2014 ** B e fore : M c KEOW

N , WA RDLAW , a

nd M . SM ITH, C irc uit Judge s. M aria Esthe r C a s tillo, a

native and c itiz e n of M e xic o, pe titions for re v ie w of the B oa rd of Im m igration Appe a ls’ (“ B IA” ) orde r de ny i ng he r m otion to re ope n re m ova l proc e e d ings. W e hav e jurisdic tion unde r 8 U.S.C . § 1252. W e re v ie w for a buse o f disc re tion the de n i a l of a m o tion to re ope n, a

nd re vie w de novo que stions



# FIL ED JUN 16 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).of la

w. Mohamme d v . Gonzale s , 400 F.3d 785, 791-92 (9th C i r. 2005). W e de ny the p e tition for re v i e w. The B IA did not a

buse its disc re tion in deny ing C a s tillo’ s m otion to re ope n a s to ine ffe c t ive a ssista

nc e of c ounse l whe re C a s tillo fa i le d to e s ta blish pre judic e arising from

any a lle g e d ine ffe c tive a ssista n c e by he r form e r re pre se ntative s. Se e id . at 793-94 (“ [P] re

judic e re sults whe n the pe rform anc e of c ounse l wa s so ina d e quate tha

t it may have a ffe c te d the outc om e of the proc e e dings.” (e m pha sis in origina l) (inte rna l quota

tion m arks om itte d)). The B IA a lso did not a

b use its disc re t ion in de ny ing a s untim e ly C a stillo’ s m otion to re o pe n a s to c h ange d c ountry c onditions where the m o tion wa s file d m ore tha n two y e ars a fte r he r re m ova l orde r be c a m e fina l, se e8 C .F.R . § 1003.2(c )(2), a

nd the B IA a c t e d within its broa d disc re tion in de te rm ining tha t the e vide n c e wa s insuffic ie nt to e sta blish prima

fa c ie e l igibility

for a sy lum , se e N ajmabadi v . Holde r , 597 F.3d 983, 986 (9th C ir. 2010) (a ge nc y m ay de ny a m otion to re o pe n b a se d on fa i lure to e sta blish a prim a fa c ie c a se for the re lie f sought). PE T IT IO N FO R RE V IE WDE NIE D.

1 2 - 7 3 7 4 1 2
#### SHANNON LACH *v.*RICHARD J. WELCH, ADMINISTRATOR (ESTATE OF MICHAEL R. WELCH), ET AL.

The Supreme Court docket number is SC 15890.

*Frederic E. Mascolo,*in support of the petition.

*Brian T. Henebry, James T. Wu, Kenneth J. Bartschi*and *Susan M. Cormier,*in opposition.

Decided March 18, 1998

The petition of the defendants Richard J. Welch and Patricia Welch for certification for appeal from the Appellate Court (AC 17579) is granted, limited to the following issue:

“Did the Appellate Court properly dismiss this appeal for lack of a final judgment?”

MCDONALD, J., did not participate in the consideration or decision of this petition.
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Quarterly Report of By Design, Inc. (the Company") on Form
10-Q for the period ended herein as filed with the Securities and Exchange
Commission (the "Report"), I. Deanie J. Underwood, Chief Executive and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.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 fully presents, in all material respects,
the financial condition and results of operations or the Company.





Dated:
NOVEMBER 14, 2008





By:
            /s/Deanie J. UnderwoodDeanie
      J. Underwood
              Chief
      Executive Officer
              Chief
      Financial Officer
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          Submit
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002



In connection with the quarterly report
of Aspen Diversified Fund LLC (the “Fund”) on Form 10-Q for the quarterly  period ended September 30, 2011, as
filed with the Securities and Exchange Commission on November 14, 2011 (the “Report”), I, Deborah Terry, Chief
Financial Officer of Aspen Partners, Ltd, Managing Member of the Fund, 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
forgoing Report on Form 10-K 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 on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Fund.
|-- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------





| | Date: November 14, 2011                      
| | ---------------------------------------------
| |                                              
| |                                              
| | /s/ Deborah Terry                            
| | Deborah Terry, Chief Financial Officer       
| | Aspen Partners, Ltd.                         
| | Managing Member of Aspen Diversified Fund LLC
Exhibit 31.1

CERTIFICATION PURSUANT TO RULE 13A-14 PROMULGATED UNDER THE  SECURITIES EXCHANGE ACT OF 1934, AS AMENDED

I, Theodore G. Schwartz, Chief Executive Officer of APAC Customer Services, Inc., certify that:

1.     I
have reviewed this annual report on Form 10-K of APAC Customer Services, Inc.

2.     Based
on my knowledge, this annual report does 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, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over reporting, to the registrant's auditors and
the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



|Date: March 12, 2004 |  | /s/THEODORE G. SCHWARTZTheodore G. Schwartz
Chief Executive Officer
|-------------------- |  | -------------------------------------------------------------------

---

QuickLinks
8/27/2015 Request for Information ­ FAA­2015­1308

https://email.dot.gov/owa/9­AWA­AVS­333Exemptions@faa.gov/?ae=Item&t=IPM.Note&id=RgAAAABFvqQJAFf5SI8crGhIsEIyBwD3qfMUO7BCQ74YBi9P12... 1/1

Request for Information ­ FAA­2015­1308

9­AWA­AVS­333Exemptions (FAA)

Sent:Thursday, August 27, 2015 3:47 PM

To: bill@deftracing.com

Dear Mr. Palmatary:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA−2015−1308).

This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order

8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and remove

closed‐set filming from your proposed operation please inform of us of your intention by the requested

response date listed below.

Please submit the additional information (non‐proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via email to 333exemptions@faa.gov. If you want

us to process your request any further, we must receive the information described above by 9/10/15. If we do not

receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267­4264.

Sincerely,

Dan Ngo

FAA Office of Rulemaking
<PAGE>
 
                                                                   Exhibit 10.13

                      AMENDMENT NO.1 EMPLOYMENT AGREEMENT
                      ----------------------------------- 



      THIS AMENDMENT NO.1 ("Amendment ") to the Employment Agreement dated
as of December 2,1997, by and between World Airways, Inc., a Delaware
corporation, its Successors and assigns (hereinafter "World") and Russell L.
Ray, Jr. ("Ray") (the "Employment Agreement") is dated September 16,1998.

      WHEREAS, Ray was elected Chairman of the Board of Directors on 
June 17,1998, and Continues to serve as President and Chief Executive Officer.

      NOW, THERFORE, World and Ray, in consideration of the mutual
covenants and promises contained herein, do hereby agrees as follows:

      1.  The title of Chairman shall be added to the titles President and Chief
Executive officer and wherever they appear in the Agreement.

      2.  The term of employment shall be through September 30, 2000.

      3. The parties agree no change in compensation will be made in connection
with Mr. Ray's June 17, 1998, appointment as Chairman of the Board. The parties
agree that, at such time as the Board elects a new officer to fill any of the
positions now held by Mr. Ray, appropriate changes will be made to Mr. Ray's
compensation by mutual agreement.

      IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.


                                         WORLD AIRWAYS, INC


                                         BY: /s/ Daniel J. Altobello
                                            -----------------------------------
                                            Daniel J. Altobello
                                            Chairman of the Executive Committee


                                             /s/ Russell L. Ray, Jr    
                                            -----------------------------------
                                            Russell L. Ray, Jr
II 

111TH CONGRESS 

1ST SESSION S. 1988 

To suspend temporarily the duty on certain bamboo vases. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain bamboo vases. 

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

3 SECTION 1. CERTAIN BAMBOO VASES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Vases made of strips of bamboo bonded together and varnished to give the appearance 

of solid wood (provided for in 

subheading 4602.11.09) ........ Free No change No change On or before 

12/31/2011 ’’. 

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

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 1988 IS

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

2 the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Page 14408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5742]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Accreditation and Approval of Intertek USA, Inc., as a Commercial 
Gauger and Laboratory

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of accreditation and approval of Intertek USA, Inc., as 
a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 
CFR 151.13, Intertek USA, Inc., 109-B Freedom Boulevard, Yorktown, VA 
23692, has been approved to gauge and accredited to test petroleum and 
petroleum products, organic chemicals and vegetable oils for customs 
purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 
151.13. Anyone wishing to employ this entity to conduct laboratory 
analyses and gauger services should request and receive written 
assurances from the entity that it is accredited or approved by the 
U.S. Customs and Border Protection to conduct the specific test or 
gauger service requested. Alternatively, inquires regarding the 
specific test or gauger service this entity is accredited or approved 
to perform may be directed to the U.S. Customs and Border Protection by 
calling (202) 344-1060. The inquiry may also be sent to 
<a href="/cdn-cgi/l/email-protection#7a19180a54161b18120b3a1e1209541d150c"><span class="__cf_email__" data-cfemail="244746540a4845464c5564404c570a434b52">[email protected]</span></a>. Please reference the Web site listed below for a 
complete listing of CBP approved gaugers and accredited laboratories.
    http://cbp.gov/linkhandler/cgov/trade/automated/labs_scientific_svcs/commercial_gaugers/gaulist.ctt/gaulist.pdf.

DATES: The accreditation and approval of Intertek USA, Inc., as 
commercial gauger and laboratory became effective on September 07, 
2011. The next triennial inspection date will be scheduled for 
September 2014.

FOR FURTHER INFORMATION CONTACT:  Dr. Mike McCormick, Laboratories and 
Scientific Services, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, 202-344-
1060.

    Dated: February 29, 2012.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
[FR Doc. 2012-5742 Filed 3-8-12; 8:45 am]
BILLING CODE 9111-14-P


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