alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In T he Court of Appeals Seventh District of Texas at Amarillo

No. 07

- 21

- 00075

- CR

THOMAS RAY MAYHEW , A PPELLANT V. THE STATE OF TEXAS , APPELLEE On Appeal from the 320th District Court

Potter County , Texas Trial Court No

. 58 , 954

- D , Honorable Pamela C. Sirmon , Presiding



### June 30 , 2021 ABATEMENT AND REMAND Before QUINN , C.J. , and PARKER and DOSS , JJ
. In 2009 , appellant Thomas Ray Mayhew was convicted of criminal trespass and sentenced to sixty days ’ confinement in county jail. On March 22 , 2021 , the trial court signed a nunc pro tunc judgment of conviction. Appellant appeals pro se , from the nunc pro tunc judgment. Be cause the clerk ’ s record has yet to be filed , w e remand the cause for further pro ceedings. The appellate record was originally due May 21 , 2021

. The reporter ’ s r ecord , transcribing appellant ’ s 2009 plea hearing , has been filed. The clerk ’ s record h as not2

been filed , however , because appellant has not paid for its preparation. See T EX

. R. A PP

. P. 35.3( a ) (2)

. By letter of May 28 , 2021 , we directed appellant to make payment arrangements for the clerk ’ s record by June 11

. Failure to do so , we advised , w ould result in the appeal being abated and the cause remanded to the trial court for further proceedings. A ppellant has failed to make payment arrangements for the clerk ’ s record to date

. Accordingly , we abate the appeal and remand the cause to the trial court. See
T EX

. R. A PP

. P. 37.3(a)(2). Upon remand , the trial court shall utilize whatever means it finds necessary to determine the following: (1) whether appellant still desires to prosecute the appeal ; (2) whether appellant is indigent and entitled to have the clerk ’ s record furnished without charge (along with appellate counsel) ; and (3) if appellant is not entitled to have the clerk ’ s record furnished without charge , the date appellant will make acceptable payment arrangements for the clerk ’ s record

. See T EX

. R. A PP

. P . 20.2. The trial court is also directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a clerk ’ s record and cause that record to be filed with this court by July 30 , 202 1

. Should further time be needed to perform these tasks , then same must be requested before July 30 , 202 1

. It is so ordered. Per Curiam Do not publish.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-23-00109-CR

DONALD BERFORD JOHNSON III,

Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 372nd District 

Court

of Tarrant County (1695457)

July 11, 2024

Memorandum Opinion by Justice 

Womack

(nfp)

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/ Dana Womack

 Justice Dana Womack
**Exhibit 32.2****CERTIFICATION**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002(subsections (a) and (b) of Section 1350,chapter 63 of title 18, United States Code), theundersigned officer of IPC Holdings, Ltd. (the“Company”), hereby certifies, to such officer’sknowledge, that:     The Company’s Annual Report on Form 10-K for the yearended December 31, 2004 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and the informationcontained in the Report fairly presents, in all materialrespects, the financial condition and results of operations ofthe Company.     /s/ John R. Weale           Name: John R. Weale Title:    Chief Financial OfficerDated: March 4, 2005     The foregoing certification is being furnished solely pursuantto Section 906 of the Sarbanes-Oxley Act of 2002(subsections (a) and (b) of section 1350,chapter 63 of title 18, United States Code) and is notbeing filed as part of the Report.
**REGULATORY EVALUATION**

**Directorate Identifier: 2012** 

**- NM** 
**- 177** 

**- AD** 

**Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate t o include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
Exhibit 32.1



Certification of CEO 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 report of Wild Oats Markets, Inc. (the
"Company") on Form 10-K/A for the period ended January 1, 2005 as filed with the
Securities and Exchange Commission on the date hereof, Perry D. Odak hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



| | (1) | The report fully complies
    with the requirements of Section 13(a) 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/ Perry D. Odak | 
|----------------- | 
|Perry D. Odak     | 
|March 31, 2005    | 







This certification accompanies this report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended or otherwise subject to
liability pursuant to that section. The certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act or the Exchange Act,
except to the extent that the Company specifically incorporates it by reference.



A signed original of this written statement required by Section 906 has
been provided to Wild Oats Markets, Inc. and will be retained by Wild Oats Markets, Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.
United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 96-3499SI

_____________ Raymond W. Aswegan, * * Plaintiff-Appellee, * * v. * * Captain Bruhl; Lieutenant * Appeal from the United Sta tes Birdsell; C/O Gary Rea; C/O * District Court for the Roush; Lieutenant Bowden; Roger * Southern District of Iowa. Lawson; Charles Harper; * * Defendants, * * John Emmett, * * Defendant-Appellant. *

_____________ Submitted: February 12, 1997 Filed: May 2, 1997

_____________ Before FAGG, HEANEY, and JOHN R. GIBSON, Circuit Judges.

_____________ FAGG, Circuit Judge. Raymond W. Aswegan, a life sentence inmate at the Iowa State Penite ntiary(ISP), brought this lawsuit contending his priso n infirmary cell lacks cable television reception in violationof the Americans with Disabilities Ac t of 1990 (ADA), 42 U.S.C. §§ 12101- 12213 (1994). The district court ruled in Aswegan’s favor an d ordered John Emmett, the ISP s ecurity director, to install a cable televi sionoutlet in Aswegan’s cell. Emmett appeals, and w e reverse.-2-

Although general population inmates are permitted to purchase tel evisionsets that can be connected to the cable televisio n outlets in their cells, infirm ary inmates who own televisions lack th is amenity because the infirmary cells were designed withou t cabl e television hookups. Instead, infirmary inmates entertai n themselves by watching television in the infirmary’s communi ty room wh ere two cable-equipped televisions (with ample headphones) ar e available on a daily basis. As we understand the situation , “[c]able service is necessary for adequate television reception at [the] ISP.” More v. Farrier , 984 F.2d 269, 270 (8th Cir. 1993). Under the ADA, no qualified individual with a disability can be denied “the benefits of the services, programs, or activi ties of a publ ic entity.” 42 U.S.C. § 12132. Despite the fact tha t Aswegan is ambulatory and his cell is hardly fifty feet from th e in firmary’s communal television room, the district court decide d Aswegan was a qualified disabled person who was denied the b enefits of cable television because he routinely lost petty disputes about channel selections with the other infirmary inmates. Believ ing the ADAapplies to the ISP and entitles Aswegan to have unlimite d access to the television programs of his choice, the distric t court ordered the installation of a cable television outlet in Aswegan’s cell. Contrary to the district court’s view, Aswegan has no viable claim for relief under section 12132 because the cable television sought by Aswegan is not a public service, program, or activit y within the contemplation of th e ADA. We thus reverse the district court’ s holding that Aswegan was entitled to access to cabl e televisionbeyond that already provided in the infirmary’ s television room. Because the relief Aswegan seeks is not covered by section 12132, we need not decide, and the district court should-3-

not ha ve decided, whether correctional facilities are subject t o the ADA.
We thus reverse the decision of the district court.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Incentive Compensation Payout Program.


 Exhibit 10.31 
  
 Limited Brands, Inc. 
 Fiscal Year 2005 Bonus Opportunity for Named Executive Officers 
  
 The target incentive bonus compensation opportunity for each of the named executive officers of Limited Brands, Inc. is stated as a percentage of annual base salary, with payout potential ranging from 20% to 200% of
that target (or no payout) based on achievement against operating income and strategic goals. For fiscal year 2005, which is divided into two performance periods (Spring season and Fall season), achievement against operating income goals each season
will constitute 75% of the bonus determination, and achievement against strategic goals set for the Company’s INSIGHT technology and data infrastructure project each season will constitute 25% of the bonus determination. The Company’s
Compensation Committee approves both the operating income goals and the strategic goals each season for the named executive officers. 
  
 For fiscal year 2005, the Spring season performance period (January 30, 2005 through July 30, 2005) will receive 40% weighting, and the Fall season performance period
(July 31, 2005 through January 28, 2006) will receive 60% weighting. Executives that have not met the minimum share ownership requirement are required to receive at least 15% of their earned incentive compensation payment in the equivalent value of
shares of Company stock. 
  
 Following are the fiscal year 2005 base salaries and
bonus opportunities as a percentage of base salary for each of the named executive officers, as approved by the Company’s Compensation Committee on March 11, 2005. 
  

							
	 Name

	  	Annual Salary

	  	Target Bonus %

	 
	 Leslie H. Wexner
	  	$	1,700,000	  	160	%
	 Leonard A. Schlesinger
	  	$	1,060,000	  	130	%
	 Jay M. Margolis
	  	$	1,150,000	  	120	%
	 Martyn Redgrave
	  	$	900,000	  	100	%
	 V. Ann Hailey
	  	$	900,000	  	100	%
# Fourth Court of Appeals

**San Antonio, Texas**

October 25, 2018

No. 04

- 18

- 00674

- CV

IN THE INTEREST OF J.R.L., ET AL., CHILDREN,

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2017PA00631 Honorable Charles E. Montemayor, Judge Presiding



### ORDER

This is an accelerated appeal of an order terminating the appellant’s parental rights which must be disposed of by this court within 180 days from the date the notice of appeal is filed

. T EX

. R. J UD

. A DMIN

. 6.2. The notice of appeal was filed in the trial court on September 19

, 2018 . The court reporter’s record was thus due on October 1, 2018 . On October 18, 2018 , t he court reporter filed a Notification of Late Record stating that she will be unable to file the reporter’ s rec ord until October 29, 2018

.

The notification of late record is NOTED. We ORDER the reporter’s record to be

filed no later than October 29, 2018 . G iven the time constraints governing the disposition of this appeal, further requests for extensions of t ime will be disfavored. See T EX

. R. J UD

. A DMIN

. 6.2.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 25th day of October, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
# C_2010161EN.01001102.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/11 |
| --- | --- | --- | --- |

19.6.2010

EN

Official Journal of the European Union

C 161/11

---

Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Dimos Agiou Nikolaou Kritis v Ipourgos Agrotikis Anaptixis kai Trofimon

(Case C-82/09) (1)

(Regulation (EC) No 2152/2003 - Monitoring of forests and environmental interactions in the European Union - Definitions - Terms ‘forest’ and ‘other wooded land’ - Field of application)

(2010/C 161/15)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicant: Dimos Agiou Nikolaou Kritis

Defendant: Ipourgos Agrotikis Anaptixis kai Trofimon

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Article 3(a) and (b) of Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus) (OJ 2003 L 324, p. 1) — Definitions of ‘forest’ and ‘other wooded land’ — Divergent definitions

Operative part of the judgment

Article 3(a) and (b) of Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus), which define, for the purposes of that regulation, the terms ‘forest’ and ‘wooded land’, must be interpreted as not precluding national provisions which contain different definitions of those terms as regards actions which are not governed by the regulation.

---

(1)  OJ C 102, 1.5.2009.

---
<PAGE>
                                  EXHIBIT 10.10

                        ASSIGNMENT OF MEMBERSHIP INTEREST

BY THIS ASSIGNMENT OF MEMBERSHIP INTEREST ("Assignment") made and entered into
as of the 29th day of December 2000, AMORTIBANC MANAGEMENT L.C., a Texas Limited
Liability Company.,("Assignor"), and 1st Realty Investments, Inc., a Nevada For
Profit Corporation, ("Assignee"), agree as follows:

      1. Assignment. For the amount of $135.00 evidenced by a note for that
amount from Assignee in favor of Assignor, together with other necessary and
agreed upon consideration as set forth below, the receipt and sufficiency of
which are hereby acknowledged, Assignor hereby irrevocably sells, transfers and
assigns to Assignee all of its membership interest and participation percentage
in Willow Springs Water L.L.C. Assignee hereby accepts the assignment and
transfer of the Assignors' membership interest in Willow Springs Water L.L.C.,
and agrees to assume any and all obligations and responsibilities associated
with such interest from and after the date of this Assignment and hold Assignors
harmless from any and all liabilities relating thereto.

      2. Further Acts: Additional Documents. Assignors and Assignee shall
perform all such further acts and execute and deliver any and all additional
documents and instruments that may be necessary or desirable to consummate,
evidence or confirm the assignment of the interest described herein.

      3. Counterparts. This Assignment may be executed in counterparts, each of
which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.

      IN WITNESS WHEREOF, this Assignment has been executed as of the day and
year first above written.

                                            "ASSIGNORS"

                                            AMORTIBANC MANAGEMENT, L.C.
                                            a Texas limited liability company

                                            /s/    Edward W. Dietrich
                                                   -----------------------------
                                            Name   Edward W. Dietrich
                                                   -----------------------------
                                            Title  Vice President
                                                   -----------------------------

                                            "ASSIGNEE"

                                            1st Realty Investments, Inc.
                                            a Nevada For Profit Corporation

                                            /s/    William Szilagyi
                                                   -----------------------------
                                            Name   William Szilagyi
                                                   -----------------------------
                                            Title  President
                                                   -----------------------------
Exhibit 99.22


EXPERT CONSENT
 We do hereby consent to (i) the filing of the written disclosure regarding the technical report entitled “NI 43-101 Technical Report Messina Minerals Inc.: Tulks South Property, Central Newfoundland,Canada" dated August 2007 (the “Report”) and the resource estimation information pertaining to the Report disclosed in the Annual Information Form (the “AIF”) for the year ended December 31, 2013 of Canadian Zinc Corporation (the “Company”) and (ii) the use of our name in the AIF and the Annual Report on Form 40-F of the Company for the year ended December 31, 2013 filed with the United States Securities and Exchange Commission and any amendments thereto incorporating by reference the Company’s AIF.
 Dated this 20thday of March, 2014.
   Snowden Group
 /s/ Snowden Group
# C_2008171EN.01004302.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/43 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/43

---

Action brought on 13 May 2008 — Messe Düsseldorf v OHIM — Canon Communications (MEDTEC)

(Case T-173/08)

(2008/C 171/83)

Language in which the application was lodged: English

Parties

Applicant: Messe Düsseldorf GmbH (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Canon Communications LLC (Los Angeles, United States)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2008 in case R 0989/2005-1; and |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2008 in case R 0989/2005-1; and

| — | order OHIM/the other party to the proceedings before the Board of Appeal to pay the costs. |
| --- | --- |

—

order OHIM/the other party to the proceedings before the Board of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark ‘MEDTEC’ for goods and services in classes 16, 35 and 41 — application No 2 885 853

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The national word trade mark ‘Metec’ for goods and services in classes 16, 35, 37, 38, 41 and 42; the international word trade mark ‘Metec’ for goods and services in classes 16, 35, 37, 38, 41 and 42

Mark or sign cited:

Decision of the Opposition Division: Upheld the opposition with respect to all goods and services

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition in its entirety

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal was incorrect to allow the appeal and to state that there is no similarity between the trade marks; infringement of Article 62 of Council Regulation No 40/94 as the Board of Appeal rendered a decision on facts which were not subject to appeal.

Pleas in law:

---
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 on Form 10-Q of Blast Energy Services, Inc.
(the “Company”) for the period ended March 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, John O’Keefe,
Chief Executive Officer and Principal Executive Officer of the Company, 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, 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 Company.




Date: May
11, 2009




By:
            /s/
      John O’KeefeJohn
      O’KeefeChief
      Executive Officer(Principal
      Executive
Officer)
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




Pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned President and Sole Executive Officer of the Company, certifies, that
to his knowledge:






1)     SIN
Holding, Inc.'s Form 10-Q for the quarter ended March 31, 2009 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 SIN Holdings, Inc.’s Form 10-Q for the quarter ended
March 31, 2009 fairly presents, in all material respects, the financial
condition and results of operations of the Company.




/s/ Steve S.
      SinhuiSteve
      S. Sinohui, Chief Executive Officerand
      Chief Financial Officer




May 15,
2009


































A signed
original of this written statement required by Section 906, 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 the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.