alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 30, 2021

NO. 03

- 18

- 00523

- CR

Bryant Edward Dulin, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 424TH DISTRICT COURT OF BURNET COUNTY

BEFORE JUSTICES GOODWIN, B AK ER, AND KELLY MODIFIED AND, AS MODIFIED, AFFIRMED ON REMA ND

–

OPINION BY JUSTICE KELLY

This is an appeal from the judgment of conviction render e d by the tr i a l court . Having reviewed

the record and the parties’ arguments, the Court holds that there was no reversible error in

the trial court’s judgment but that there was error requiring correction. There fore, t he C ourt

modifies the judgment for count I of cause number 46489 to strike the time payment fee . The

Court also modifies the judgment for count I of cause number 46489 to delet e the duplicative

court cost s . After deleting the duplicative costs

, th e judgment for c ount I of cause number 464 89

should retain a warrant fee of $40 and a warrant fee of $10

. The Court affirms the judgment of

con vict ion as modified. Because appellant is indigent and u nable to p ay costs, no adjudica t i on of

costs is made

.

### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 30, 2021

NO. 03

- 18

- 0052 4

- CR

Bryant Edward Dulin, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 424TH DISTRICT COURT OF BURNET COUNTY

BEFORE JUSTICES GOODWIN, B AK ER, AND KELLY MODIFIED AND, AS MODIFIED, AFFIRMED ON REMAND

–

OPINION BY JUSTICE KELLY

This is an appeal from the judgment of conviction render e d by the tr i a l court . Having reviewed

the record and the parties’ arguments, the Court holds that there was no reversible error in

the trial court’s judgment but that there was error requiring correction. There fore, t he C ourt

modifies the judgment for count I of cause number 46491 to strike the time payment fee

. The

Court affirms the judgment of conviction as modified. Because appellant is indigent and u nable

to pay costs, no adjudica t i on of costs is made.
**Exhibit 35.4**SERVICER COMPLIANCE STATEMENTAmerican Express Centurion BankAmerican Express Credit Account Master TrustReporting Period January 1, 2007 to December 31, 2007The undersigned, a duly authorized officer of American Express Centurion Bank (“AECB”), awholly-owned subsidiary of American Express Travel Related Services Company, Inc. (“TRS”), pursuantto the Supplemental Servicing Agreement dated as of June 30, 2004, between TRS, AECB, AmericanExpress Bank, FSB, American Express Receivables Financing Corporation III LLC, American ExpressReceivables Financing Corporation IV LLC, and American Express Receivables Financing Corporation II(the “Agreement”), does hereby certify that:1. AECB performs certain servicing procedures on behalf of TRS under the Agreement.2. The undersigned is duly authorized to execute and deliver this Certificate.3. A review of AECB’s activities during the reporting period and of its performance under theAgreement has been made under my supervision.4. To the best of my knowledge, based on such review, AECB has fulfilled all of its obligationsunder the Agreement in all material respects throughout the reporting period.IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 14th day of March,2007.     AMERICAN EXPRESS CENTURION BANK
#### In the Matter of Noreen Chais, Petitioner, v Gabriel S. Kohn et al., Respondents.

Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus to (1) prohibit the respondent Justice Joseph J. Saladino from presiding over the underlying matrimonial action currently pending in Supreme Court, Nassau County, under Index Number 20617/90, and (2) direct the respondent Justice Joseph J. Saladino to reassign the case to the respondent Justice Gabriel S. Kohn, or alternatively, to send the case back to the Clerk of the Supreme Court, Nassau County, for random reassignment, in which the respondent Justices have moved to dismiss the petition.

*703Ordered that the motion to dismiss is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged —acts or threatens to act either without jurisdiction or in excess of its authorized powers” *(Matter of Holtzman v Goldman,*71 NY2d 564, 569; *accord, Matter of Rush v Mordue,*68 NY2d 348, 353). Likewise, the extraordinary remedy of mandamus lies to compel the performance of a purely ministerial act only where there is a clear legal right to the relief sought *(see, Matter of Legal Aid Socy. v Scheinman,*53 NY2d 12, 16). Since the petitioner has failed to demonstrate a clear legal right to either of these extraordinary remedies which transcends a question of substantive or procedural law, and which could not otherwise be safeguarded through alternative remedies *(see, Matter of Lipari v Owens,*70 NY2d 731; *Matter of Rush v Mordue, supra; Matter of Molea v Marasco,*64 NY2d 718), the proceeding is dismissed. Mangano, P. J., Thompson, Brown, Kunzeman and Kooper, JJ., concur.
<PAGE>

                                                                      EXHIBIT 23

                        INDEPENDENT ACCOUNTANTS' CONSENT

The Board of Directors
Central Parking Corporation

We consent to the incorporation by reference in the registration statements
(Nos. 33-98118, 33-98120, 33-98122, 333-37909 and 333-74837) on Form S-8 and the
registration statements (Nos. 333-52497 and 333-54914) on Form S-3 of Central
Parking Corporation of our report dated November 4, 2003 with respect to the
consolidated balance sheets of Central Parking Corporation and Subsidiaries as
of September 30, 2003 and 2002, and the related consolidated statements of
operations, shareholders' equity and comprehensive income (loss), and cash flows
for each of the years in the three-year period ended September 30, 2003, and all
related financial statement schedules, which report appears in the September 30,
2003 annual report on Form 10-K of Central Parking Corporation.

Our report dated November 4, 2003, refers to a change in Central Parking
Corporation's method of accounting for goodwill in 2002.

KPMG LLP
Nashville, Tennessee
December 23, 2003
# NCER 

# ~ , INC.

Gneironmental Ceramic Technolouies 3859 Battleground Ave Sufte 205, Greensboro, NC 27410 Tele No. (336) 288-7226, Fax (336) 288-5994

Morin Brick Attn. Mr. Norm Davis Box 1510 Auburn, ME 04211-1510 

# kJ6 ( 

# 0 

# 04V / Date:

Contact: Telephone: Fax: Our Project-No.: 1st July, 2004 Mr. Randol Kemp (336) 288-7226 (336) 288-5994 1468-03 R1 kemprandol@aol.com

Re.: Project Morin Brick

Ohlmann Fluorine Adsorber System ENCERTEC Commercial Quotation No. 1468-03 R1

Dear Mr. Davis, Please find following for your consideration our proposal for adding (1) Ohlmann Fluorine Adsorber System to your above referenced manufacturing facility:
Quantity, Item, Description and Price
1. One (1) Adsorber with 3.5 (95.5" x 113.5") cascades, complete with insulation and storage silo approx. 600 ft 3 ; incl. Insulation; 1 Pressure Differential Monitoring System; 36-inch ID Duct from Adsorber to Exhaust Fan; 1 36-inch ID x 61' Exhaust Stack insulated with 4-inches insulation; 1 Exhaust Fan (22,000 CFM) 60 HP; 1 VFD for 60 HP Motor; 1 Pressure Control System for ExhaustFan; Control Panel; 1 UPS Power Failure Prevention Device; Long Wear Elbows on Refill and Recycling Pipes (if required). 2. Approx. 80' feet of duct from kiln exhaust to inlet of Adsorber. Including; approx. 70 feet of 36" ID duct with 4-inches of foil backed insulation located on the inside of the building, extending from the kiln to the building wall and approx. 10 feet of 36" ID duct with 4- inches of insulation and .032 embossed aluminum sheets for weather cover extending to the inlet cap of the Adsorber. The duct will include all (2) expansion joints, (3) 90-degree elbows, supports, hangers and mounting brackets.



### Adsorber Installed $550,860.00



### O t p ions:

3. Limestone feeding system including hopper, pneumatic conveying system with three (3) elbows, and electrical controls for filling the storage silo. $ 30,655.00 ✓

- Page 1 -
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 Marine Growth Ventures, Inc. (the "Company") on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned officer of the Company hereby certifies, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, to such officer’s knowledge that:





(i)  the Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (subject to the Company's position prevailing in regard to the remaining unresolved SEC comment, as more fully described in the Report); and





(ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





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.





Dated: May 7, 2010

/s/ Katherine A. OstruszkaKatherine A. OstruszkaChief Financial Officer & Controller

(Principal Financial Officer)
1 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

Docket Number EPA-R08-OAR-2009-0282 

Approval and Promulgation of State Implementation Plan Revisions; State of North 

Dakota; Air Pollution Control Rules, and Interstate Transport of Pollution for the 1997 

PM2.5 and 8-hour Ozone NAAQS: “Significant Contribution to Nonattainment” and 

“Interference with Prevention of Significant Deterioration” Requirements 

DATE: March 16, 2010 Update 

January 14, 2010 

SUBJECT: EPA's Guidance and Supporting Documentation - Proposed Rulemaking Federal 

Register: "Approval and Promulgation of State Implementation Plan Revisions; 

State of North Dakota; Air Pollution Control Rules, and Interstate Transport of 

Pollution for the 1997 PM2.5 and 8-hour Ozone NAAQS: “Significant 

Contribution to Nonattainment” and “Interference with Prevention of Significant 

Deterioration” Requirements 

FROM: Domenico Mastrangelo, Environmental Engineer 

Office of Partnership and Regulatory Assistance 

Air and Radiation Program (8P-AR) 

TO: Docket Number EPA-R08-OAR-2009-0282 

CONTENTS: 

GUIDANCE MEMORANDUM

1. EPA – August 15, 2006: "Guidance for State Implementation Plan (SIP) Submissions to 

Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and 

PM2.5 National Ambient Air Quality Standards;" signed by William Harnett, Director, Office of 

Air Quality Planning and Standards. 

SUPPORTING DOCUMENTATION

1. EPA – Maps for Counties Designated Nonattainment for PM-2.5 and for 8-hour Ozone 

Standards. 

2. Table 1. 8-Hour Ozone Monitoring Data and Design Values for North Dakota, Minnesota 
2 

and South Dakota; 1998-2008. 

3. Table 2: 24-Hour and Annual PM2.5 Monitoring Data and Design Values for North Dakota 

and Neighboring States (Iowa, Minnesota, and South Dakota.) 1999-2008. 

4. County Maps for North Dakota, Minnesota, and South Dakota. 

5. “Climate of North Dakota-Wind,” USGS web page at 

http://www.npwrc.usgs.gov/resource/habitat/climate/wind.htm, visited February 10, 2010. 

6. "Section 6.8.1, EPA 9-Factor analyses for Montana for the Designation of PM2.5 

Nonattainment Areas," pages 6-347 through 6-352 of the December 4, 2004 document entitled 

"Technical Support for State and Tribal Air Quality Fine Particle (PM2.5) Designation." 

Includes the document's title and table of content pages. As of April 16, 2007 this document 

could be reviewed at http://www.epa.gov/pmdesignations/tech.htm. 

7. Montana State Implementation Plan: “Libby Annual PM2.5 Control Plan.” April 1, 2008. 

Material referenced by footnote no. 6 is on pages 27.12.7.1(1) and 27.12.8(3). 

8. State of Wisconsin’s September 2009 attainment demonstration for the Wisconsin 

nonattainment counties along the western shore of Lake Michigan. 

9. “Climatology of Ozone Synoptic Scale Transport in the Eastern US;” Ozone Transport 

Assessment Group (OTAG), January 11, 1998.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2383

___________

The Estate of Philip Peterson by its *

Administratrix Sandra Peterson, *

*

Appellant, *

*

Liberty Mutual Insurance Company, *

also known as Liberty Mutual, *

*

Intervenor, * Appeal from the United States

* District Court for the

v. * Western District of Arkansas.

*

United States of America, * [UNPUBLISHED]

*

Defendant, *

*

Holsted Company, Inc., *

*

Appellee. *

___________

 Submitted: October 7, 1998

 Filed: January 12, 1999

___________

Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.
The Honorable Jimm Larry Hendren, United States District Judge for the

1

Western District of Arkansas.

-2-

The Estate of Philip Peterson (Estate) appeals the district court’s adverse grant 1

of summary judgment on the Estate’s tort claim against Holsted Company, Inc. After

considering the parties’ arguments and reviewing the record, we find no error of law

in the court’s ruling. We therefore affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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





I, Eric E. Marin, 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 on Form 10-Q of Li3 Energy, Inc. for the period ended December 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report fairly presents in all material respects the financial condition and results of operations of Li3 Energy, Inc.





Date: February 22, 2011
By:
/s/ Eric E. MarinName:
Eric E. MarinTitle:
Interim Chief Financial Officer





A signed original of this written statement, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement, has been provided to Li3 Energy, Inc., and will be retained by Li3 Energy, Inc., and furnished to the Securities and Exchange Commission or its staff upon request.
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 this Quarterly  Report of Utilicraft  Aerospace  Industries,
Inc.  (the  "Registrant")  on Form 10-Q for the quarter  ending June 30, 2008 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I,  John  Dupont,  President  and  Chief  Executive  Officer  of the
Registrant, certify to the best of my knowledge, 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 and Exchange Act of 1934; and

(2) The  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and result of operations of the Registrant.

Date: August 13, 2008

By: /s/ John Dupont
    ---------------
 John Dupont,
 President and Chief Executive Officer

--------------------------------------------------------------------------------
II 

111TH CONGRESS 

1ST SESSION S. 2315 

To extend the temporary suspension of duty on 1,3-bis(4- 

Aminophenoxy)benzene. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. BROWN (for himself and Mr. VOINOVICH) 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 1,3-bis(4- 

Aminophenoxy)benzene. 

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

3 SECTION 1. 1,3-BIS(4-AMINOPHENOXY)BENZENE (RODA). 

4 (a) IN GENERAL.—Heading 9902.05.15 of sub5 chapter II of chapter 99 of the Harmonized Tariff Sched6 ule of the United States (relating to 1,3-bis(4- 

7 Aminophenoxy)benzene (RODA)) is amended by striking 

8 ‘‘12/31/2009’’ and inserting ‘‘12/31/2011’’. 

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

10 this section applies with respect to goods entered, or withVerDate Nov 24 2008 05:25 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2315.IS S2315

tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2315 IS

1 drawn from warehouse for consumption, on or after the 

2 15th day after the date of enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
#### Carol Greenfield, Appellant, v Robert Greenfield, Respondent.

In an action for a divorce and ancillary relief, *593the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Yachnin, J.), entered November 3, 1989, as denied those branches of her motion which were for temporary maintenance and to compel the defendant husband to provide medical and dental insurance, pay for unreimbursed medical expenses, and pay the mortgage and carrying charges on the marital residence pendente lite.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff wife’s claims, we find that the court acted within its discretion in declining to award her temporary maintenance. The record reveals that, at the time of the application, the wife was the part owner of a business and the husband, who had worked at that business prior to the separation, was not regularly employed. Because of the wife’s superior financial resources, the court correctly determined that an award of temporary maintenance was not necessary *(see, Friedman v Friedman,*163 AD2d 461; *Salerno v Salerno,*142 AD2d 670; *LoMuscio-Hamparian v Hamparian,*137 AD2d 500; *Stern v Stern,*106 AD2d 631).

For similar reasons, the court correctly declined to direct the husband to pay the carrying charges on the marital residence, provide medical or dental insurance, or pay for unreimbursed medical expenses. We note that the best remedy for any inequities in pendente lite orders is a speedy trial *(see, Bernstein v Bernstein,*143 AD2d 168; *Gastineau v Gastineau,*127 AD2d 629). Kunzeman, J. P., Balletta, Miller and O’Brien, JJ., concur.
# /r)/£~ DuPont Chambers Works 

# 33 I

# b :2.-

# ~ Trailer L-l Deepwater, NJ 08023 

# I

# LETTER 

# OF TRANSMITTAL

To: Document Control Office Director, Chemical Control Division Office of Pollution Prevention & T oxics Office of Pollution Prevention & T oxics EPA East, Room 6428 EPA East, Room 4146 US Environmental Protection Agency US Environmental Protection Agency 1201 Constitution Avenue, NW 1201 Constitution Avenue, NW Washington, DC 20004 Washington, DC 20004 From: Chris Ward Date: December 8,2010 Re: Docket EPA-HQ-OPPT-2003-0012
1. First Semester 2010 Semi-Annual NJPDES_DGW Report; October2010 2. Quality Assurance Project Plan 

### I Sampling and Analysis Plan October2010

("'V f:'? G

..**~**



# -- '--- ..-.:I: 

## -,**-~** -;. 1.,J**~-** In '. ':';'lL I t::..lc.- Z c::c; -::c 

### -, 

### = c;::> c--.I



## CONTAINS NO CBI
#### Michael Vincent THOMPSON, Appellant, v. STATE of Florida, Appellee.

No. 86-1639.

District Court of Appeal of Florida, Second District.

June 3, 1987.

James Marion Moorman, Public Defender, and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Átty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Michael Vincent Thompson appeals his sentence resulting from his conviction for robbery and kidnapping and also appeals the imposition of costs pursuant to sections 943.25(4), 943.25(8), and 960.20, Florida Statutes (1985).

We have considered appellant’s claim that the trial court erred in sentencing him and find that it is without merit. Accordingly, the judgment and sentence are affirmed. However, because the costs were assessed without notice and opportunity to be heard, we strike the costs without prejudice to the state to reassess the costs upon notice and hearing. *Jenkins v. State,*444 So.2d 947 (Fla.1984); *Burrow v. State,*487 So.2d 77 (Fla. 2d DCA 1986).

FRANK, A.C.J., and SANDERLIN and THREADGILL, JJ., concur.
II 

111TH CONGRESS 

1ST SESSION S. 2300 

To suspend temporarily the duty on GPA-30, 2,4,6 Trisaminophenol. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. BROWN (for himself and Mr. VOINOVICH) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on GPA-30, 2,4,6 

Trisaminophenol. 

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

3 SECTION 1. GPA-30, 2,4,6 TRISAMINOPHENOL. 

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 2,4,6 

tris(dimethylaminomethyl) 

phenol(CAS No. 90–72–2) 

(provided for in subheading 

2922.29.81) ........................... Free No change No change On or before 

12/31/2011 ’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2300 IS

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

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

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

4 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
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 DynCorp International LLC
(DynCorp) on Form 10-Q for the quarter ended December 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Thorne, the Chief Financial Officer of DynCorp, certify,
pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(i) The
Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and

(ii) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of DynCorp.

Date: February 21, 2006



/s/    MICHAEL J. THORNEMichael J. ThorneSenior Vice President, Chief Financial Officer and Treasurer (principal financial and accounting officer)