alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13

- 1 7

- 00 035

- C R



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

SERGIO REYES

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On a ppeal from the 3 31st District Court

of Travis County, Texas.



## ORDER TO FILE BRIEF

Before Chief Justice Valdez and Justices Longoria and Hinojosa

Order Per Curiam

This cause is before the Court on the State’s fourth motion for extension of time to

file the brief in this matter. 1 The State’s brief in this matter was originally due on August

1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a

docket equalization order issued by the Supreme Court of Texas. See T EX . G OV ' T C ODE A NN . § 73.001

(West , Westlaw through 201 7 1st C .S. ).2

27, 2018 . The State has previously requested and received three extension s of time to

file the brief.

The Court, having fully examined and considered the extension s previously

granted in this cause, is of the opinion that the State’s motion for extension of time should

be granted with order.

Accordingly, we GRANT t he State’s fourth motion for extension of time and

ORDER the State to file the brief on or before December 27, 2018 . N o further extensions

will be granted in this matter absent exigent circumstances.

PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2( b).

Delivered and filed the

3 rd day of December, 2018

.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                         240,000
<SECURITIES>                                         0
<RECEIVABLES>                                  763,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,003,000
<PP&E>                                       1,225,000
<DEPRECIATION>                               (756,000)
<TOTAL-ASSETS>                               4,243,000
<CURRENT-LIABILITIES>                        1,601,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     9,100,000
<OTHER-SE>                                 (7,363,000)
<TOTAL-LIABILITY-AND-EQUITY>                 4,243,000
<SALES>                                      4,089,000
<TOTAL-REVENUES>                             4,089,000
<CGS>                                        2,498,000
<TOTAL-COSTS>                                2,498,000
<OTHER-EXPENSES>                             3,553,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             134,000
<INCOME-PRETAX>                            (2,061,000)
<INCOME-TAX>                                     5,000
<INCOME-CONTINUING>                        (2,066,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,066,000)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.1



CERTIFICATION



In connection with the periodic report of American Pharmaceutical Partners, Inc. (the Company) on Form 10-Q for the quarter ending September 30, 2005 as
filed with the Securities and Exchange Commission (the Report), I, Alan L. Heller, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United
States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|                       |  | 
|Date: November 9, 2005 |  |  |  | /s/ ALAN L. HELLER     
|                       |  |  |  | Alan L. Heller         
|                       |  |  |  | Chief Executive Officer



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.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00058-CV

Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, Appellant

v.

Steve E. Mahoney, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY

NO. 9444-P, HONORABLE HOWARD S. WARNER, II, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company appeals from

the default judgment rendered in favor of Steve E. Mahoney. Deustche Bank contends that the

judgment is void because service on Deutsche Bank was defective. Among appellant’s theories is

the lack of a signature on the citation return by the serving officer. Mahoney filed a letter in lieu of

a brief in which he states that he can find no authority for the contrary proposition. We reverse the

judgment and remand for further proceedings.

For a default judgment to stand, the record must show strict compliancewith the rules

of civil procedure relating to the issuance, service, and return of citation. Primate Constr., Inc. v.

Silver, 884 S.W.2d 151, 152 (Tex. 1994); Uvalde Country Club v. Martin Linen Supply Co., 690

S.W.2d 884, 885 (Tex. 1985). There is no presumption in favor of valid issuance, service, and return

of citation in such a case. Primate, 884 S.W.2d at 152. The return of service must “state when the
Deutsche Bank also complains because the return receipt is signed by an individual who 1

is not the addressee and was not shown to be authorized to receive service for Deutsche Bank.

2

citation was served and the manner of service and be signed by the officer officially or by the

authorized person.” Tex. R. Civ. P. 107.

Service was attempted by certified mail. Although someone signed the return receipt 1

indicating that citation was delivered, the blanks for the required information in the officer’s return

section of the citation remain unfilled. These empty blanks render the service of citation defective

and require reversal and remand of the judgment. See Laidlaw Waste Sys., Inc. v. Wallace, 944

S.W.2d 72, 74 (Tex. App.—Waco 1997, writ denied); Retail Techs., Inc. v. Palm City T.V., Inc., 791

S.W.2d 345, 346-47 (Tex. App.—Corpus Christi 1990, no writ); American Bankers Ins. Co. v. State,

749 S.W.2d 195, 197 (Tex. App.—Houston [14th Dist.] 1988, no writ); Metcalf v. Taylor, 708

S.W.2d 57, 58-59 (Tex. App.—Fort Worth 1986, no writ). But see Walker v. W.J.T., Inc., 737

S.W.2d 48, 49 (Tex. App.—San Antonio 1987, no writ) (signed certificate of service fills gap of

blank officer’s return).

Because the record affirmatively shows a lack of strict compliance with the rules of

civil procedure, we reverse the default judgment and remand this cause for further proceedings.

 

G. Alan Waldrop, Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Reversed and Remanded

Filed: February 10, 2006
EXHIBIT 8.1

List of Subsidiaries of Guangshen Railway Company Limited

The following table lists information concerning the significant subsidiaries of Guangshen Railway Company Limited, or the Company, as of
December 31, 2014:



|                                                                             |  |                         |  |                                           |       |  
|---------------------------------------------------------------------------- |  | ----------------------- |  | ----------------------------------------- | ----- | -
|Name                                                                         |  | Country ofIncorporation |  | Percentage of Interestheld by our Company |      
|Dongguan Changsheng Enterprise Company Limited                               |  | PRC                     |  |                                           | 51    | %
|Shenzhen Fu Yuan Enterprise Development Company Limited                      |  | PRC                     |  |                                           | 100   | %
|Shenzhen Pinghu Qun Yi Railway Store Loading and Unloading Company Limited   |  | PRC                     |  |                                           | 100   | %
|Shenzhen Nantie Construction Supervision Company Limited                     |  | PRC                     |  |                                           | 76.66 | %
|Shenzhen Railway Property Management Company Limited                         |  | PRC                     |  |                                           | 100   | %
|Shenzhen Guangshen Railway Travel Service Ltd.                               |  | PRC                     |  |                                           | 100   | %
|Shenzhen Shenhuasheng Storage and Transportation Company Limited             |  | PRC                     |  |                                           | 100   | %
|Shenzhen Guangshen Railway Economic and Trade Enterprise Company Limited     |  | PRC                     |  |                                           | 100   | %
|Shenzhen Railway Station Passenger Services Company Limited                  |  | PRC                     |  |                                           | 100   | %
|Guangshen Railway Station Dongqun Trade and Commerce Service Company Limited |  | PRC                     |  |                                           | 100   | %
|Guangzhou Railway Huangpu Service Company Limited                            |  | PRC                     |  |                                           | 100   | %
2007 EQUITY INCENTIVE PLAN
 NOTICE OF GRANT  AND  RESTRICTED STOCK  AGREEMENT
 Shares Plan Notice and Agreement
 Participant:Home Address:Soc. Sec. No.:Number of Shares of RestrictedStock Granted:Grant Date:Period of Restriction and Release of
Shares from Companys Return Right
(see Sections 2 and 3 of attached
Agreement)
    
    During the Period of Restriction,
the Shares shall be subject to the
Companys Return Right, which shall
lapse as follows: [insert specific
provisions here]
  AGREED AND ACCEPTED:Signature:Print Name: -1-




---



##### 



SHOPOFF PROPERTIES TRUST, INC.
2007 EQUITY INCENTIVE PLAN
 RESTRICTED STOCK AGREEMENT
 Grant of Restricted Stock Notice of
Grant
 Period of Restriction Release
Date Unreleased Shares
 Companys Return Right Return Right
 Restriction on Transfer Securities
Act
 Retention of Shares Exhibit A. Exhibit B
 -2-




---



##### 



Stockholder Rights
 Legends
  U.S. Tax Consequences Code Exhibit C
  General
   -3-




---



##### 



-4-




---



##### 



EXHIBIT A
 ASSIGNMENT SEPARATE FROM CERTIFICATE
 
 
 
 Signature:Print Name: INSTRUCTIONS:
 Please DO NOT fill in any blanks other than the signature lines .
 The purpose of this assignment is to enable the Company to exercise its Return Right as set forth
in the Notice and Agreement, without requiring additional signatures on the part of the
Participant.
 -5-




---



##### 



EXHIBIT B
 CONSENT OF SPOUSE
 
 
 Signature of SpousePrint Name: -6-




---



##### 



EXHIBIT C
 ELECTION UNDER SECTION 83(b)  OF THE U.S. INTERNAL REVENUE CODE OF 1986
   Name:Spouse:Taxpayer I.D. No.:Address:Tax Year:
 
 
  
 
   Dated:   , 200_Signature of Taxpayer  Dated:   , 200_Spouse of Taxpayer -7-
#### Eleazar SOLIS, Petitioner-Appellant, v. T.C. PETERSON, Warden, Respondent-Appellee.

No. 02-6225.

United States Court of Appeals, Tenth Circuit.

Jan. 30, 2003.

Eleazar Solis, # 08097-040, El Reno, OK, for Petitioner-Appellant.

Before EBEL, LUCERO and O’BRIEN, Circuit Judges.

ORDER AND JUDGMENT*

EBEL, Circuit Judge.

Eleazar Solis, an inmate at the Federal Correction Institute in El Reno, Oklahoma, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241 in the District Court for the Western District of Oklahoma. Solis wishes to retroactively challenge his sentence in light of the United States Supreme Court’s decision in *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

The district court construed Solis’s petition as a § 2255 petition and dismissed it for lack of jurisdiction. Petitions filed under § 2255 must be filed in the district court where the petitioner was sentenced. 28 U.S.C. § 2255. Although Petitioner was sentenced in the Western District of Michigan, this petition was filed in the Western District of Oklahoma. For substantially the same reasons as stated by the district court in its Order of June 6, 2002, dismissing the appeal, we DENY a certificate of appealability and AFFIRM the dismissal.

*

 After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. *See*Fed. R.App. P. 34(f) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Exhibit 10.10

                           Addendum to Lease Agreement


<PAGE>


                           ADDENDUM TO LEASE AGREEMENT

                        BETWEEN STOCKING WORKS ASSOCIATES

                                       AND

                                 COLLAGENEX INC.


     THIS TWO PAGE AGREEMENT, entered this   day of August, 1997, by and between
Stocking Works  Associates,  a  Pennsylvania  Limited  partnership  (hereinafter
"Landlord") and Collagenex Inc., a Delaware Corporation,  (hereinafter "Tenant")
provides:


     1. Landlord and Tenant entered into a Lease  Agreement  dated  September 5,
1995 ("the Lease  Agreement")  for the third  floor at 301 South  State  Street,
Newtown,  PA,  commencing on January 1, 1996,  and  terminating  on December 31,
1996.  Said lease was  extended by Addendum  for an  additional  one year period
commencing January 1, 1997 and terminating December 31, 1997.

     2. Tenant now wishes to again extend said Lease Agreement for an additional
three (3) year period commencing January 1, 1998 and terminating on December 31,
2000 (the "extension period").

     3.  After  the first  year of said  extension  period  in the event  Tenant
requires  additional  space for  expansion  and Landlord is able to provide such
space at rental  rates equal to or less than those then being paid by tenant (on
a square foot basis),  Tenant  hereby agrees that it will remain at the Stocking
Works provided said expansion  space is acceptable to Tenant said acceptance not
to be  unreasonably  withheld.  In the event  Landlord is unable to provide said
expansion  space and provided that Tenant has occupied the premises for at least
one of the three years of the extension  period,  then Tenant shall be permitted
to vacate the premises without penalty by simply  providing  Landlord six months
advanced written notice of its intention to do so.

     4. Landlord hereby agrees to extend the term of said Lease Agreement as set
forth  herein  provided  Tenant  agrees to continue to be bound by the terms and
conditions set forth in the September 5, 1995 Lease Agreement.

INTENDING to be legally  bound hereby,  and for good and valuable  consideration
herein recited and otherwise  paid, the parties hereto set their hands and seals
the first date above written:



<PAGE>

Addendum To Lease Agreement

page 2 of 2





WITNESS:                                    LANDLORD:
                                            Stocking Works Associates:


                                            BY:  /s/ Kenneth S. Sweet, Jr.
---------------------------------               --------------------------------
                                                     Kenneth S. Sweet, Jr.


                                            TENANT:
                                            Collagenex Inc.


 /s/ Frank Ruffo                            BY:  /s/ Nancy C. Broadbent
 --------------------------------               --------------------------------
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

MICHAEL A. LICHT; PATRICIA A. ) ANDREWS; and GUALARIO, LICHT & ) ANDREWS, P.A., ) ) Appellants, ) ) v. ) Case No. 2D18-154 ) ANTHONY J. GUALARIO, ) ) Appellee. ) ) Opinion filed October 31, 2018. Appeal from the Circuit Court for Collier County; James R. Shenko, Judge. John F. Hooley of The Law Offices of John F. Hooley, P.A., Naples, for Appellants. James A. Bonaquist, Jr.; John Thomas Cardillo; and Jacquelyn A. Boudreau of Cardillo, Keith & Bonaquist, P.A., Naples, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and CASANUEVA and ROTHSTEIN-YOUAKIM, JJ., Concur.
#### UNITED STATES of America, Appellee, v. Bennie THOMAS, Appellant.

No. 92-3215.

United States Court of Appeals, Eighth Circuit.

Submitted March 16, 1993.

Decided March 24, 1993.

Daniel P. Reardon, Clayton, MO, argued, for appellant.

Kenneth R. Tihen, St. Louis, MO, argued, for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

PER CURIAM.

Bennie Thomas appeals his sentences for one count of possession with intent to distribute cocaine and three counts of possession with intent to distribute cocaine base. *See*21 U.S.C. §§ 841(a)(1), (b)(1)(B) (1988 & Supp. II 1990). Thomas contends the district court should have reduced his offense level under U.S.S.G. § 3E1.1 (Nov. 1991) for acceptance of responsibility because he pleaded guilty to all four counts. We disagree. A defendant who pleads guilty is not entitled to an acceptance-of-responsibility reduction as a matter of right. *See id.*§ 3El.l(c); *United States v. Lublin,*981 F.2d 367, 370 (8th Cir.1992). Thomas committed two of the offenses while released on bond pending trial for the other two offenses. Because Thomas continued his criminal activity, we conclude the district court-properly denied the acceptance-of-responsibility reduction. *See United States v. Hibbert,*929 F.2d 434, 435 (8th Cir.1991) (per curiam); *278
      *United States v. Wivell,*893 F.2d 156, 159 (8th Cir.1990).

Accordingly, we affirm.
II

Calendar No. 535

104TH CONGRESS

2D SESSION S. 1545

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel MOONRAKER, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 1996

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

to the Committee on Commerce, Science, and Transportation

JULY 26, 1996

Reported by Mr. PRESSLER, without amendment

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

MOONRAKER, and for other purposes.

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

3 SECTION 1. CERTIFICATE OF DOCUMENTATION.

4 Notwithstanding section 27 of the Merchant Marine

5 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of
2

•S 1545 RS

1 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

2 289), and sections 12106 through 12108 of title 46,

3 United States Code, the Secretary of Transportation may

4 issue a certificate of documentation with appropriate en5 dorsement for employment in the coastwise trade for the

6 vessel MOONRAKER, United States official number

7 645981.

Calendar No. 535

104TH CONGRESS

2D SESSION S. 1545

A BILL

To authorize the Secretary of Transportation to

other purposes.wise trade for the vessel MOONRAKER, and forpriate endorsement for employment in the coastissue a certificate of documentation with approJULY 26, 1996

Reported without amendment
Exhibit 32.2





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ENACTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Global Entertainment Holdings,  (the "Company") on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stanley Weiner, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as enacted 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.








/s/ Stanley Weiner


Stanley Weiner,


Chief Financial Officer





May 23, 2011